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City Council - 02/14/2017
AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,FEBRUARY 14, 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. ACCEPT DONATION FROM PARK DENTAL EDEN PRAIRIE FOR CONCERT SERIES (RESOLUTION) B. ACCEPT LION'S CLUB DONATION FOR OUTDOOR CENTER (RESOLUTION) C. ACCEPT BUSH FOUNDATION GRANT FOR$5,000 FOR CITY'S RECEIPT OF THE UNIVERSITY OF MINNESOTA LOCAL GOVERNMENT INNOVATION AWARD V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,JANUARY 3, 2017 B. CITY COUNCIL MEETING HELD TUESDAY,JANUARY 17, 2017 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION AUTHORIZING MINNESOTA WATER AGENCY RESPONSE NETWORK(MnWARN) MUTUAL AID AGREEMENT CITY COUNCIL AGENDA February 14, 2017 Page 2 C. AWARD CONTRACT TO KEYS WELL DRILLING TO SERVICE WELL 15 D. AWARD CONTRACT TO BERGERSON CASWELL TO SERVICE WELL 16 E. ADOPT RESOLUTION CORRECTING RESOLUTION NO. 99-215, VACATION OF A PORTION OF A DRAINAGE AND UTILITY EASEMENT LOCATED ON LOT 11, BLOCK 5,EDENVALE 6TH ADDITION (14215 GREENVIEW COURT) F. APPROVE CONTRACT WITH INSITUFORM TECHNOLOGIES USA, LLC FOR INSPECTION, CLEANING,AND REHABILITATION OF WOODLAND/SUNSHINE DR. STORMWATER SEWER G. ADOPT RESOLUTION APPROVING COOPERATIVE AGREEMENT WITH HENNEPIN COUNTY FOR CONSTRUCTION OF TRAIL ON VALLEY VIEW RD. FROM 9977 VALLEY VIEW TO WASHINGTON AVE. S. H. APPROVE CHANGE ORDER NO. 3 FOR SOUTHERN SEGMENT OF SHADY OAK ROAD IMPROVEMENTS I. APPROVE CHANGE ORDER NO. 2 FOR WEST 70TH ST. EXTENSION J. APPROVE CITY'S PURCHASING POLICY K. AWARD CONTRACT FOR MILLER PARK OUTDOOR HOCKEY RINK REPLACEMENT TO FINLEY BROS, INC. L. AWARD CONTRACT FOR ROUND LAKE TENNIS COURT RESURFACING TO FINLEY BROS. INC. M. AMEND PROFESSIONAL SERVICE AGREEMENT WITH WEITZMAN STUDIOS,INC. FOR FABRICATION OF BRIDGE PIER FORM LINERS N. ADOPT RESOLUTION REGARDING PURCHASE OF TAX FORFEITED PROPERTIES O. ADOPT RESOLUTION AUTHORIZING PREPAYMENT OF LEASE AND REDEMPTION OF OUTSTANDING BONDS OF THE HOUSING AND REDEVELOPMENT AUTHORITY P. APPROVE COOPERATIVE AGREEMENT WITH HENNEPIN COUNTY TO FURTHER GOALS OF THE GREEN LINE EXTENSION AND SOUTHWEST CORRIDOR INVESTMENT FRAMEWORK Q. APPROVE RENEWAL OF THE TOWING SERVICES AGREEMENT WITH MATT'S AUTO SERVICE CITY COUNCIL AGENDA February 14, 2017 Page 3 IX. PUBLIC HEARINGS/MEETINGS A. FIRST READING OF ORDINANCE AMENDING CITY CODE CHAPTER 11 RELATING TO CELL TOWERS AND ANTENNAS B. BANEBERRY HOLLOW REASSESSMENT (RESOLUTION) X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS A. APPROVE FIRST AND SECOND READINGS OF AN ORDINANCE AMENDING CITY CODE SECTION 6.03 RELATING TO CITY LICENSING OF TELECOMMUNICATION RIGHT-OF-WAY USERS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR 1. Receive Feasibility Report and Direct Staff to Include Utility Improvements with Eden Prairie Road Street and Utility Improvements (Resolution) F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY 1. ERS Estates Lake Access and Dock Appeal XV. OTHER BUSINESS XVI. CLOSED SESSION TO DISCUSS POTENTIAL LITIGATION XVII. ADJOURNMENT ANNOTATED AGENDA DATE: February 14, 2017 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, February 14, 2017 TUESDAY, FEBRUARY 14, 2017 7:00 PM, COUNCIL CHAMBER I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION Open Podium is an opportunity for Eden Prairie residents to address the City Council on issues related to Eden Prairie city government before each Council meeting, typically the first and third Tuesday of each month, from 6:30 to 6:55 p.m. in the Council Chamber. If you wish to speak at Open Podium,please contact the City Manager's office at 952.949.8412 by noon of the meeting date with your name,phone number and subject matter. If time permits after scheduled speakers are finished, the Mayor will open the floor to unscheduled speakers. Open Podium is not recorded or televised. If you have questions about Open Podium, please contact the City Manager's Office. HRA MEETING HRA I. ROLL CALL /CALL THE HRA MEETING TO ORDER HRA II. APPROVE MINUTES OF HRA MEETING HELD ON JANUARY 17, 2017 MOTION: Move to approve the HRA minutes from January 17, 2017. HRA III. ADOPT RESOLUTION APPROVING REDEMPTION OF PUBLIC FACILITY LEASE REVENUE BONDS, SERIES 2007A MOTION: Move to: Adopt Resolution approving the redemption of Public Facility Lease Revenue Bonds, Series 2007A. HRA IV. ADJOURNMENT MOTION: Move to adjourn the HRA. COUNCIL MEETING V. PROCLAMATIONS / PRESENTATIONS A. ACCEPT DONATION FROM PARK DENTAL EDEN PRAIRIE FOR CONCERT SERIES (RESOLUTION) ANNOTATED AGENDA February 14,2017 Page 2 Synopsis: From June through early August, the Staring Lake Amphitheater hosts three free concerts a week. The annual kick-off event is the Minnesota Festival of Jazz on the Prairie and Rotary Ribfest, followed by performances each week representing a wide variety of musical styles. Titled"Starring at Staring,"the series included bluegrass, folk, Latin, African, and Caribbean styles as well as tribute bands featuring the music of Johnny Cash, Simon and Garfunkel, and The Beatles. Throughout the summer, approximately 6,500 people enjoy the free entertainment. MOTION: Move to adopt the resolution accepting the $1,000 donation from Park Dental Eden Prairie towards the Starring at Staring Concert Series. B. ACCEPT LION'S CLUB DONATION FOR OUTDOOR CENTER (RESOLUTION) Synopsis: The Staring Lake Outdoor Center hosts classes and events for all ages, including several programs with school children. Currently the Outdoor Center is providing water study programs with elementary school students. This grant will allow the Outdoor Center programs to purchase equipment to better serve the needs of students. MOTION: Move to adopt the Resolution accepting the gift in the amount of$400 from the Eden Prairie Lions Club for the purchase of water testing equipment for the Staring Lake Outdoor Center. C. ACCEPT BUSH FOUNDATION GRANT FOR$5,000 FOR CITY'S RECEIPT OF THE UNIVERSITY OF MINNESOTA LOCAL GOVERNMENT INNOVATION AWARD Synopsis: The City of Eden Prairie was the University of Minnesota's overall city category winner of the 2016 Local Government Innovation Award for inventing the Vacuum Dredge Box (VDB). With this award comes a $5,000 grant from the Bush Foundation. Using innovation, the City of Eden Prairie's Utilities Division developed a system to efficiently remove sediment and other materials carried by the storm sewer system from our streams, lakes, ponds, and wetlands. The heart of the system is a Vacuum Dredge Box (VDB) which makes it possible to perform this work in areas that are inaccessible with large equipment due to adjacent buildings, steep terrain, or limited working space. Also, because traditional methods for removing sediment from water bodies requires large equipment it can be quite expensive and difficult to obtain temporary construction easements due to the amount of disruption. Using the VDB system avoids these impacts making it a solution more acceptable to the general public. The $5,000 Bush Foundation grant will be used to help purchase a small tracked skid steer that is used in the operation of the VDB. ANNOTATED AGENDA February 14,2017 Page 3 MOTION: Move to: Accept the Bush Foundation grant of $5,000 in recognition the City's receipt of the University of Minnesota Local Government Innovation Award. 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. COUNCIL WORKSHOP HELD TUESDAY,JANUARY 3, 2017 B. CITY COUNCIL MEETING HELD TUESDAY,JANUARY 17, 2017 VIII. REPORTS OF ADVISORY BOARDS & COMMISSIONS IX. CONSENT CALENDAR MOTION: Move approval of items A-Q on the Consent Calendar. A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION AUTHORIZING MINNESOTA WATER AGENCY RESPONSE NETWORK(MnWARN) MUTUAL AID AGREEMENT C. AWARD CONTRACT TO KEYS WELL DRILLING TO SERVICE WELL 15 D. AWARD CONTRACT TO BERGERSON CASWELL TO SERVICE WELL 16 E. ADOPT RESOLUTION CORRECTING RESOLUTION NO. 99-215, VACATION OF A PORTION OF A DRAINAGE AND UTILITY EASEMENT LOCATED ON LOT 11, BLOCK 5, EDENVALE 611 ADDITION (14215 GREENVIEW COURT) F. APPROVE CONTRACT WITH INSITUFORM TECHNOLOGIES USA, LLC FOR INSPECTION, CLEANING, AND REHABILITATION OF WOODLAND/SUNSHINE DR. STORMWATER SEWER G. ADOPT RESOLUTION APPROVING COOPERATIVE AGREEMENT WITH HENNEPIN COUNTY FOR CONSTRUCTION OF TRAIL ON VALLEY VIEW RD. FROM 9977 VALLEY VIEW TO WASHINGTON AVE. S. H. APPROVE CHANGE ORDER NO. 3 FOR SOUTHERN SEGMENT OF SHADY OAK ROAD IMPROVEMENTS I. APPROVE CHANGE ORDER NO. 2 FOR WEST 70TH ST. EXTENSION ANNOTATED AGENDA February 14,2017 Page 4 J. APPROVE CITY'S PURCHASING POLICY K. AWARD CONTRACT FOR MILLER PARK OUTDOOR HOCKEY RINK REPLACEMENT TO FINLEY BROS, INC. L. AWARD CONTRACT FOR ROUND LAKE TENNIS COURT RESURFACING TO FINLEY BROS. INC. M. AMEND PROFESSIONAL SERVICE AGREEMENT WITH WEITZMAN STUDIOS,INC. FOR FABRICATION OF BRIDGE PIER FORM LINERS N. ADOPT RESOLUTION REGARDING PURCHASE OF TAX FORFEITED PROPERTIES O. ADOPT RESOLUTION AUTHORIZING PREPAYMENT OF LEASE AND REDEMPTION OF OUTSTANDING BONDS OF THE HOUSING AND REDEVELOPMENT AUTHORITY P. APPROVE COOPERATIVE AGREEMENT WITH HENNEPIN COUNTY TO FURTHER GOALS OF THE GREEN LINE EXTENSION AND SOUTHWEST CORRIDOR INVESTMENT FRAMEWORK Q. APPROVE RENEWAL OF THE TOWING SERVICES AGREEMENT WITH MATT'S AUTO SERVICE X. PUBLIC HEARINGS/MEETINGS A. FIRST READING OF ORDINANCE AMENDING CITY CODE CHAPTER 11 RELATING TO CELL TOWERS AND ANTENNAS Official notice of this public hearing was publishing in the Eden Prairie News on February 2, 2017. Synopsis: The Federal Communication Commission Act of 1996 established that antennas and towers are a permitted use in all cities and may not be discriminated against by zoning districts established in cities. To accommodate this new mandate the Eden Prairie City Code was amended in 1996 to permit antennas and towers in all zoning districts. This code amendment is a house keeping item to add as a permitted use antennas and towers in the below identified zoning districts as required by Federal law. Several new Zoning Districts have been added to the City Code since 1996 including the Town Center(TC), Airport Commercial (A-C), Airport Office (A- OFC) and Golf Courses (GC). The provision for antennas and towers as a permitted use in these districts was not included in initial code amendments establishing these zoning districts. The Planning Commission voted 7-0 to recommend approval of the amendment at the January 9, 2017 meeting. ANNOTATED AGENDA February 14,2017 Page 5 MOTION: Move to: • Close the Public Hearing; and • Approve the first reading of the Ordinance amending City Code Section 11.27, 11.28, 11.29 and 11.36 relating to antennas and towers as a permitted use in the Town Center, Airport Commercial, Airport Office and Golf Course Zoning Districts. B. BANEBERRY HOLLOW REASSESSMENT (RESOLUTION) Official notice of this public hearing was publishing in the Eden Prairie News on January 26, 2017, and sent to 12 property owners. Synopsis: On October 19, 2010, the City Council approved the levying of a Special Assessment of$287.01 for tall grass/weed contract removal on Lot 11, Block 1, Baneberry Hollow,the parcel containing driveways and open space for the Baneberry Hollow Homeowners Association. The levy was certified to the 2011 property taxes, however, the taxes were not paid. Hennepin County, and the Eden Prairie City Attorney,have determined that,per the provisions of Minnesota State Statue Chapter 515B,the property of Lot 11, Block 1, Baneberry Hollow, is a "common element"parcel which may not be specially assessed. Instead, any special assessments must be evenly divided over the"units",those lots containing dwellings, of the Baneberry Hollow Homeowners Association. Therefore,we need to reallocate the levied amount to the"unit"parcels. All other aspects of the assessment— interest rate of 5.25% and repayment period of one (1) year as established in Resolution 2010-70 will remain the same. MOTION: Move to: • Close the public hearing and; • Adopt the resolution approving the Baneberry Hollow i. Reassessment. XI. PAYMENT OF CLAIMS MOTION: Move approval of Payment of Claims as submitted (Roll Call Vote). XII. ORDINANCES AND RESOLUTIONS A. APPROVE FIRST AND SECOND READINGS OF AN ORDINANCE AMENDING CITY CODE SECTION 6.03 RELATING TO CITY LICENSING OF TELECOMMUNICATION RIGHT-OF-WAY USERS Synopsis: City Code Section 6.03 is being amended to provide that a telecommunication right-of-way user who desires to place commercial wireless ANNOTATED AGENDA February 14,2017 Page 6 telecommunication facilities, such as antennas, on any public utility structure in the public right-of-way must obtain a license from the City for use of the space. This ordinance amendment will allow the City greater control over the placement and operation of commercial wireless telecommunication facilities in the increasingly crowded public right-of-way. Chapter 6 of the City Code was amended in June 2016 to provide more detailed regulations governing work in the public right-of-way and requirements for right- of-way permits. Chapter 6 currently provides that telecommunication right-of-way users, defined to include those who own or control facilities in the public right-of- way that are used for transporting telecommunication, voice, or data information, may only place their wireless telecommunication facilities in the right-of-way under certain circumstances. Chapter 6 currently requires a telecommunication right-of- way user to obtain a license from the City if it wishes to place a facility on a structure that is owned by the City. This amendment requires a user to obtain a license from the City for the placement of a facility on any public utility structure, and not only those owned by the City. MOTION: Move to approve First and Second Readings of an Ordinance Amending City Code Section 6.03 Relating to City Licensing of Telecommunication Right-of-Way Users. XIII. PETITIONS, REQUESTS AND COMMUNICATIONS XIV. APPOINTMENTS XV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR 1. Receive Feasibility Report and Direct Staff to Include Utility Improvements with Eden Prairie Road Street and Utility Improvements (Resolution) Synopsis: The City Council authorized a feasibility study for utility improvements to serve the Lion's Tap site and adjoining parcel on June 16, 2015 based on a petition received from the property owners. The attached Feasibility Report provides sanitary sewer and water utility connection options to serve the commercial restaurant site and adjoining rural property. The Metropolitan Council and Eden Prairie City Council have previously approved serving the Lion's Tap site with city utilities since the restaurant site is outside the Met Council's Metropolitan Urban Service Area(MUSA) line. In 2013,prior to authorizing this engineering study, the City Council ANNOTATED AGENDA February 14,2017 Page 7 ordered the feasibility study for the Eden Prairie Road extension to Flying Cloud Drive (CSAH No. 61) street and utility project. It is proposed to combine the recommended improvements identified in this report(Option No. 4) with the feasibility report and public hearing for the Eden Prairie Road Extension to Flying Cloud Drive (CSAH No. 61) Street and Utility(I.C. 13-5844) Project. Since the two projects (Eden Prairie Road and Lion's Tap utilities) are interconnected, these projects need to be combined into one project. Consequently, this is the council action we are requesting at this meeting. The Eden Prairie Road Extension to Flying Cloud Drive Street and Utility Feasibility Report will be received by the City Council at the March 7, 2017 City Council meeting and a Public Hearing date will be set(anticipated to be scheduled for April 4, 2017). The Eden Prairie Road report will describe the proposed combined street and utility improvements, the estimated project costs, and the methodology used to calculate the assessments for the benefitting properties. Prior to the public hearing, we will schedule a neighborhood meeting(s) to discuss the feasibility report and proposed assessments. At the April 4th public hearing, we will be requesting that the City Council order the combined improvements. If ordered, the project is anticipated to be bid in February 2018 with construction substantially complete by the fall of 2018. This southerly section of Eden Prairie Road from approximately 350 feet south of Frederick Place to Flying Cloud Drive (CSAH No. 61) was previously identified in the Eden Prairie Road South of Riley Creek Feasibility Report---Amended August 2013 (IC. 01-5537) as a section of roadway to be addressed at a later date. The northerly Eden Prairie Road project was completed in 2015 and the project costs were levied to the benefitting properties in October 2015. The City Council authorized the preparation of a feasibility study for this southerly section of Eden Prairie Road on June 18, 2013. Subsequent to that authorization, the property owners of the Lion's Tap restaurant and adjoining rural parcel petitioned the City Council on March 19, 2015 requesting sanitary sewer and water improvements to serve the commercial site and adjoining parcel. On June 16, 2015, the City Council authorized the preparation of a feasibility study to determine options to serve the restaurant site. The schedule for this study has been influenced by the schedule and design of Hennepin County's CSAH No. 61 reconstruction project. The county's project is expected to be bid in 2017 and under construction from 2017 to 2019. MOTION: Move to adopt Resolution to Receive Feasibility Report and direct staff to include the recommended Lion's Tap Utility Improvements (Option No. 4) into the Eden Prairie Road Extension to Flying Cloud Drive Street and Utility Improvements. ANNOTATED AGENDA February 14,2017 Page 8 F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY 1. ERS Estates Lake Access and Dock Appeal Synopsis: The City of Eden Prairie received an application appealing a staff determination regarding a non-conforming use located on Beach Circle. Earlier this year, 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 a protected non- conforming use. This confirmation was sought due to the 12551 Beach Circle property being marketed for sale. At that time, City staff conferred with the City Attorney and provided a determination to ERS Development that the non-conforming use status of the easement had been lost due to the discontinuance of the use. ERS Development LLC filed an appeal of that determination. At the December 12, 2016 meeting, the Planning Commission, acting as the Board of Adjustment and Appeals, held a public meeting on an appeal of staff determination. After hearing information presented by staff, the appellant, and nearby property owners, the Commission voted to direct staff to prepare findings and an order upholding staff's determination. Findings of fact, conclusions and order were prepared consistent with the direction and discussion of the Planning Commission. At the January 9, 2017 meeting, the Commission adopted Final Order#2016-18 along with Findings of Fact, Conclusion, and Order by a vote of 5-2. A copy of the Final Order and its exhibits are attached for the Council's reference. On January 12, 2017, an appeal of the Planning Commission determination was filed. City Code Section 2.26, Subd. 2.A.3 states that review the petition, files, documents and records of the proceedings in the matter. Attached to this report are the supporting documents. The 120-Day Review Period Expires on February 28, 2017. MOTION: Move to uphold the determination of the Planning Commission that the non-conforming use 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. XVI. OTHER BUSINESS XVII. CLOSED SESSION TO DISCUSS POTENTIAL LITIGATION ANNOTATED AGENDA February 14,2017 Page 9 XVIII.ADJOURNMENT /LOTION: Move to adjourn the City Council meeting. AGENDA CITY OF EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY,FEBRUARY 14, 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 JANUARY 17, 2017 III. ADOPT RESOLUTION APPROVING REDEMPTION OF PUBLIC FACILITY LEASE REVENUE BONDS, SERIES 2007A IV. ADJOURNMENT UNAPPROVED MINUTES 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, Sherry Butcher Wickstrom, Ron Case, and Kathy Nelson CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Ric Rosow and Council Recorder Jan Curielli I. ROLL CALL / CALL THE HRA MEETING TO ORDER Chair Tyra-Lukens called the meeting to order at 7:01 PM. All HRA Members were present. II. APPROVE MINUTES OF HRA MEETING HELD ON DECEMBER 6, 2016 MOTION: Nelson moved, seconded by Case, to approve the minutes of the HRA meeting held December 6, 2016. Motion carried 5-0. III. APPROVE ASSIGNMENT OF DEVELOPMENT AGREEMENT AND TIF NOTE FOR WINDSOR PLAZA Getschow said this is a minor housekeeping item. The developer for Windsor Plaza recently refinanced their property, and the new lender is requiring them to assign the rights under the TIF development agreement and the TIF note to the new lender. MOTION: Case moved, seconded by Butcher Wickstrom, to approve the assignment of the development agreement and TIF note for Windsor Plaza. 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. CITY COUNCIL AGENDA DATE: SECTION: HRA February 14, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO: Office of City Manager Adopt Resolution Approving the Redemption Sue Kotchevar, Finance of Public Facility Lease Revenue Bonds, Manager Series 2007A Requested Action Move to: Adopt Resolution approving the redemption of Public Facility Lease Revenue Bonds, Series 2007A. Synopsis The City's financial advisor recommended the prepayment of the 2007A bonds. There is an opportunity refinance the bonds but the added cost to refinance the Lease Revenue Bonds makes the prepayment option attractive. The prepayment will save the City $303,300 in interest and $23,650 in paying agent fees. The City will use General Fund - fund balance to prepay the $1,065,000 in bonds and will continue to "charge" ourselves going forward to repay the amount back. We currently pay $130,000 annually out of the community center operations to pay the debt annually. It will take approximately 8 years to pay ourselves back. If we were to refinance, it would cost approximately$33,000 in issuance fees. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA H.R.A. RESOLUTION NO. 2017- RESOLUTION RELATED TO PUBLIC FACILITY LEASE REVENUE BONDS, SERIES 2007A; APPROVING THE REDEMPTION THEREOF WHEREAS, the Authority has issued its Public Facility Lease Revenue Bonds, Series 2007A, dated, as originally issued, as of June 1, 2007 (the "Bonds"), in the original principal amount of $1,630,000, of which $1,065,000 in aggregate principal amount is currently outstanding. WHEREAS, the proceeds of the Bonds were applied as described in a Trust Indenture dated as of June 1, 2007 (the "Indenture"), between the Authority and Wells Fargo Bank, National Association, as trustee (the "Trustee"), to finance the construction of an ice rink addition to the Eden Prairie Community Center (the "Project"). The Project was leased to the City of Eden Prairie, Minnesota (the "City"), with an option to purchase, pursuant to a Lease- Purchase Agreement dated as of June 1, 2007 (the"Lease"), between the Authority and the City. WHEREAS, the Lease provides that the City may prepay the purchase price of the Project on any date on or after January 1, 2016 (the "Prepayment Option"), for a purchase price equal to, calculated as of the date the Bonds are to be redeemed, the aggregate unpaid principal amount,plus interest accrued and due (the "Purchase Price"). WHEREAS, the City has given notice, pursuant to a resolution of the City Council of the City adopted February 14, 2017, of its election to prepay the Purchase Price of the Project on or before April 3, 2017 (the "Redemption Date"). WHEREAS, the City has requested that the Authority call the Bonds for redemption on the Redemption Date. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota (the "Authority"), as follows: Section 1. The Authority hereby waives the 60-day prepayment notice requirement under the Lease and elects to exercise its option to redeem all outstanding Bonds pursuant to Section 3.01 of the Indenture on the Redemption Date, on which date the outstanding Bonds maturing January 1 in the years 2018 through 2028 shall be redeemed. Section 2. The Secretary is hereby authorized and directed to deliver to the Trustee a Notice of Election to Redeem in the form set forth as Exhibit A hereto, and to cause the Trustee to mail to the registered owners of the Bonds, not less than thirty days nor more than sixty days before the Redemption Date, a Notice of Redemption substantially in the form set forth as Exhibit B hereto. No further action shall be required of the Authority to complete the prepayment, redemption and defeasance of the Bonds. Section 3. Upon redemption of the Bonds on the Redemption Date, one or more authorized representatives of the Authority shall execute and deliver to the City, at the expense of the City, a quit claim deed to the Project, and any other documents or instruments necessary to convey to the City all of the Authority's rights, title and interest in the Project. ADOPTED by the Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota this 14th day of February, 2017. Nancy Tyra-Lukens, Chair ATTEST: Rick Getschow, Executive Director -2- CERTIFICATION I, Rick Getschow, Executive Director of the Housing and Redevelopment Authority in and for the City of Eden Prairie, County of Hennepin, Minnesota, hereby certify that the foregoing is a true and correct copy of H.R.A. Resolution No. 2017-01 passed by the Authority on the lel day of February, 2017. Executive Director -3- EXHIBIT A February 15,2017 Wells Fargo Bank,National Association 625 Marquette Ave.— 11th Floor MAC N9311-115 Minneapolis,Minnesota 55479 Attn. Corporate Trust Department Re: Notice of Election to Redeem $1,630,000 Public Facility Lease Revenue Bonds, Series 2007A(the"Bonds") Housing and Redevelopment Authority in and for the City of Eden Prairie,Minnesota To whom it may concern: The Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota (the "Authority"),hereby gives notice pursuant to Section 3.02 of the Trust Indenture dated as of June 1,2007, between the Authority and Wells Fargo Bank National Association, as trustee, of its election to exercise an option to redeem the Bonds pursuant to the Indenture on April 3, 2017, on which date all outstanding Bonds shall be redeemed at a redemption price equal to par plus accrued interest. HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE, MINNESOTA By Chair By Executive Director -4- EXHIBIT B NOTICE OF REDEMPTION $1,630,000 Public Facility Lease Revenue Bonds, Series 2007A Dated June 1,2007 Housing and Redevelopment Authority in and for the City of Eden Prairie,Minnesota NOTICE IS HEREBY GIVEN THAT all bonds of the above issue which mature on January 1 in the following years and amounts: Interest CUSIP Interest CUSIP Year Amount Rate Number* Year Amount Rate Number* 2018 $80,000 4.50% 27952EA3* 2024 200,000 4.50 27952EG0* 2020 170,000 4.50 27952EC9* 2026 210,000 4.50 27952EJ4* 2022 185,000 4.50 27952EE5* 2028 220,000 4.50 27952EL9* * Indicates full call (the "Redeemed Bonds") are called for redemption and prepayment on April 3, 2017 (the "Redemption Date"). The Bonds will be redeemed at a price of 100% of their principal amount plus accrued interest to the date of redemption. Holders of such Bonds should present them for payment on or before said date, on which date they will cease to bear interest. A form W-9, Payer's Request for Taxpayer Identification Number, must be completed and returned with the called bond or 31% of the bond redemption proceeds will be withheld. Payment of bonds to be redeemed will be made on and after the Redemption Date, by submitting said bond along with the completed form W-9 to Wells Fargo Bank,National Association, at the following addresses: By Mail or Air Courier Service: By Registered or Certified Mail: In Person,By Hand: Wells Fargo Bank Minnesota,N.A. Wells Fargo Bank Minnesota,N.A Wells Fargo Bank Minnesota,N.A. Corporate Trust Operations Corporate Trust Operations Northstar East Building MAC N9303-121 P.O.Box 1517 608 2nd Avenue South, 12th floor 6th&Marquette Minneapolis,MN 55480-1517 Minneapolis,MN 55479 Mpls,MN 55479 If you request payment of principal and/or interest via wire transfer,please be advised there is a wire transfer fee which will be deducted from your payment. On the Redemption Date, and upon the satisfaction of any condition to redemption, the Redeemed Bonds shall cease to bear interest. The Trustee shall not be responsible for the selection of or use of the CUSIP number, nor is any representation made as to its correctness indicated in this Notice of Redemption. It is included solely for the convenience of the Holders. -5- Capitalized terms used herein have the meanings given them in the Trust Indenture dated as of June 1, 2007, as amended,between the Issuer and Wells Fargo Bank,National Association. Dated: ,2017 (a date not less than 30 days prior to the Redemption Date). WELLS FARGO BANK, NATIONAL ASSOCIATION, as Trustee By Its -6- CITY COUNCIL AGENDA DATE: SECTION: Proclamations and Presentations February 14, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.A. Jay Lotthammer, Director, Donation from Park Dental Eden Prairie to Parks and Recreation Concert Series Motion Move to: Adopt the resolution accepting the $1,000 donation from Park Dental Eden Prairie towards the Starring at Staring Concert Series. Synopsis From June through early August, the Staring Lake Amphitheater plays host to three free concerts a week. The annual kick-off event is the Minnesota Festival of Jazz on the Prairie and Rotary Ribfest, followed by performances each week representing a wide variety of musical styles. Titled"Starring at Staring,"the series included bluegrass, folk, Latin, African, and Caribbean styles as well as tribute bands featuring the music of Johnny Cash, Simon and Garfunkel, and The Beatles. Throughout the summer, approximately 6,500 people enjoy the free entertainment. 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$1000 to be used towards the Starring at Staring Concert Series from Park Dental Eden Prairie is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 14th day of February, 2017. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Proclamations and Presentations February 14, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.B. Jay Lotthammer, Director, Donation from Eden Prairie Lions Club for Parks and Recreation Water Testing Equipment for the Staring Lake Outdoor Center Requested Action Move to: Adopt the Resolution accepting the gift in the amount of$400 from the Eden Prairie Lions Club for the purchase of water testing equipment for the Staring Lake Outdoor Center. Synopsis The Staring Lake Outdoor Center hosts classes and events for all ages, including several programs with school children. Currently the Outdoor Center is providing water study programs with elementary school students. This grant will allow the Outdoor Center programs to purchase equipment to better serve the needs of students. Background The Staring Lake Outdoor Center offers a wide range of activities in the areas of environmental education and outdoor recreation for residents of all ages. 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 $400 to be used for the purchase of water testing equipment at the Outdoor Center from Eden Prairie Lions Club is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 14th day of February, 2017. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Proclamations &Presentations February 14, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IEM NO.: IV.C. Robert Ellis Accept $5,000 grant from the Bush Foundation Public Works/Engineering for receiving the University of Minnesota's Local Government Innovation Award and approve grant agreement Requested Action Move to: Accept the Bush Foundation grant of$5,000 in recognition the City's receipt of the University of Minnesota Local Government Innovation Award. Background Information The City of Eden Prairie was the University of Minnesota's overall city category winner of the 2016 Local Government Innovation Award for inventing the Vacuum Dredge Box (VDB). With this award comes a $5,000 grant from the Bush Foundation. Using innovation, the City of Eden Prairie's Utilities Division developed a system to efficiently remove sediment and other materials carried by the storm sewer system from our streams, lakes, ponds, and wetlands. The heart of the system is a Vacuum Dredge Box (VDB) which makes it possible to perform this work in areas that are inaccessible with large equipment due to adjacent buildings, steep terrain, or limited working space. Also, because traditional methods for removing sediment from water bodies requires large equipment it can be quite expensive and difficult to obtain temporary construction easements due to the amount of disruption. Using the VDB system avoids these impacts making it a solution more acceptable to the general public. The $5,000 Bush Foundation grant will be used to help purchase a small tracked skid steer that is used in the operation of the VDB. Attachment Grant Agreement BUSH FOU N DAT ! ON 101 Fifth Street East Suite 2400 Saint Paul,Minnesota 55101 651-227-0891 phone 651-297-6485 fax BushFoundation.org January 26, 2017 Robert Ellis Public Works Director City of Eden Prairie City Center 8080 Mitchell Rd Eden Prairie, MN 55344 Dear Robert, I'm delighted that the Foundation has approved a grant of$5,000 to City of Eden Prairie. One administrative step remains before we can release the grant funds to you. Please sign and return the attached Grant Agreement at your earliest convenience. All of us at the Foundation appreciate the work you do on behalf of the communities we serve. Sincerely, LonBarmQann----- Strategy & Learning Vice President Grant#17-60923 Enc. City of Eden Prairie Page 2 of 3 BUSH FOUNDATION GRANT AGREEMENT The Bush Foundation is pleased to approve a grant of$5,000 to City of Eden Prairie. The undersigned hereby agrees: 1. That the purpose of this grant is the following: In recognition of the Innovation in Water Resource Management-Vacuum Dredge Box for Sediment Removal project (Local Government Innovation Award winner - City category), 2. That the grant period extends from: February 1, 2017 to January 31, 2018. 3. That payment(s) will be made by the date(s) listed in the following table provided the terms and conditions of the Grant Agreement are met: Payment Amount Scheduled Payment Date $5,000 February 28, 2017 4. That if City of Eden Prairie has identified individuals or organizations it may use to achieve the purpose of the grant, the Bush Foundation does not direct in any way that these grant funds will be used for those individuals, and City of Eden Prairie has complete discretion to select individuals to achieve the purpose of the grant whom it determines are appropriate and qualified to do so. Bush Foundation's approval of this grant and this grant agreement, including without limitation the reference to particular organizations in the description of the purpose of this grant, if any, should not be construed in any way as an agreement or requirement that any particular individuals or organizations be selected to achieve the purpose of this grant. 5. That the grantee is an organization that is either (a) described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the "Code") and Section 509(a)(1), (2) or (3)(other than a Type III supporting organization which is not functionally integrated, as defined in Code Section 4943(f)(5)(B)), and that the purposes of the grant are within the grantee's 501(c)(3) charitable purposes, or (b) a state or political subdivision or a tribal governmental entity or an integral part of such entities, and that the purposes of the grant are within the grantee's public purposes. Grantee will inform Bush Foundation of any change in or IRS proposed or actual revocation of its tax-exempt status, whether or not appealed. 6. To use the funds only for the designated purpose and not to use the funds for any purpose prohibited by law, including those purposes specified in Section 4945 of the Code. No part of this grant may be used to intervene in any campaign for public office, for a voter registration drive, or for lobbying. For these purposes, "lobbying" is attempting to influence legislation at any level of government through attempts to influence public opinion on a legislative subject or direct communications with those who formulate legislation. Nonpartisan analysis, study, and research is permitted. 7. To repay any portion of the grant which is not used for the designated purpose. 8. That unspent or uncommitted funds at the end of the grant period must be returned to the Foundation unless other arrangements have been proposed beforehand. City of Eden Prairie Page 3 of 3 9. That the Bush Foundation may use City of Eden Prairie's name, logo and information about the grant for purposes of publicizing the grant and the Bush Foundation's grant programs generally, including but not limited to on its website and in advertising, editorial, internal publications, and other publicity materials. 10. To maintain records of receipts and expenditures and to make its books relating to this grant available to the Bush Foundation at reasonable times during the term of the grant and for a period of four years following the end of the grant period. 11. To not incur any liabilities in reliance on the grant outside of the stated grant period unless specifically approved by the Bush Foundation. 12. That any grant payment may be discontinued, modified, or withheld at any time when, in the judgment of the Bush Foundation, such action is necessary to comply with the requirements of law or this agreement. 13. Consistent with Executive Order 13224 and the Patriot Act, no portion of the grant will be used to support terrorism, or will be diverted to other individuals or organizations which have assisted, sponsored, or provided financial, material, or technological support for terrorists or persons associated with terrorists. 14. This agreement is governed by the laws of Minnesota and the venue of any dispute regarding its terms shall be Ramsey County, Minnesota. City of Eden Prairie Name Title Signature Date #17-60923 Please contact the Bush Foundation before or after the Grant Agreement is signed with any questions you may have about the grant period, the schedule of grant payments, the schedule of reports required or the desired format for narrative and financial reports. Adjustments to grant periods and uses of Bush Foundation funds are possible but require approval by the Bush Foundation. A signed copy of this Grant Agreement must be returned to the Bush Foundation before payment can be made. ITEM NO.: VI.A. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,JANUARY 3, 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 II I. 2017 APPOINTMENTS AND COUNCIL CALENDAR Getschow asked if any of the Council Members want to change the intergovernmental commissions/committees/task forces, etc., from those they served on in 2016. All of the Council Members said they would like to continue serving on the same commissions. Getschow handed out the proposed schedule for 2017 council meetings and proposed topics for 2017 workshops. He asked for input on the schedule and topics. The following schedule of meetings was agreed upon: January 3 and 17 February 14 February 28 — Special meeting to interview commission candidates March 7 and 21 March 22— Special meeting for goal setting April4 and 18 May 2 and 16 May 18 — Special meeting for Annual Board and Commissions Banquet June 13 July 11 August 8 September 5 and 19 October 3 and 17 November 14 December 12 City Council Workshop Minutes January 3, 2017 Page 2 Getschow presented the list of proposed workshop and special meeting topics based on input he received from Council Members and staff: January 3 2017 Appointments and Calendar January 17 Commission Work Plans February 14 Police Update (PSAP, Training) February 28 Commission Interviews March 7 Aspire Eden Prairie March 21 Quality of Life Community Survey Results March 22 Council Goal Setting Session April 4 Sustainable EP (with Conservation Commission) April 18 Special Service Districts May 2 Aspire Eden Prairie May 16 Auditors/2017-2019 Budget May 18 Board& Commission Banquet June 13 Joint Meeting with the Human Rights &Diversity Commission July 4 Hometown Celebration July 11 2018-2019 Budget August 1 Night to Unite August 15 Historic Property Update (with all tenants) September 5 Joint Workshop with Eden Prairie School Board September 19 Aspire Eden Prairie October 3 Emergency Preparedness Planning/Readiness October 17 Aspire Eden Prairie November 21 2018-2019 Budget (Enterprise Funds) December 12 Legislative Update Other meetings scheduled throughout the year include: • "After Hours"Eden Prairie Chamber Event- First quarter 2017 • State of the Non-Profits (Partner with EP Foundation and the School District) • Aspire 2040 (Comp Plan) -Various meetings throughout 2017 Open Podium - Council Chamber II. OPEN PODIUM A. Bill Satterness—Red Rock Lake Bill Satterness said he and others in his neighborhood formed the Friends of Red Rock Lake group because of their concern about the health and vitality of Red Rock Lake. The lake was put on the MPCA list of Impaired Waters 15 years ago. City Council Workshop Minutes January 3, 2017 Page 3 The water quality of the lake has only gotten worse since the lake was listed; however, the MPCA has now removed the lake from the Impaired Waters list, based on their evaluation of improved water quality. He noted there were severe fish kills in 2015, and at this point no one is fishing on the lake. He and his neighbors are concerned that the lake receives runoff from about 4400 people, yet there is no plan to treat the underlying causes of the pollution. Tyra Lukens thanked Mr. Satterness for expressing the concerns. III. ADJOURNMENT ITEM NO.: VI.B. UNAPPROVED MINUTES 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, Ron Case, and Kathy Nelson CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Ric Rosow, and Council Recorder Jan Curielli I. CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:00 PM. All Council Members were present. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. POLICE DEPARTMENT COMMENDATION AWARD Police Chief DeMann said last October two civilians acted courageously to save the life of a man threatening to jump from the Shady Oak Bridge onto Hwy 212. He commended Christopher Lundgren and Nick Kettner for being willing to get involved when they saw the incident. Mayor Tyra-Lukens congratulated the two men on their bravery and presented each of them with a Police Department Commendation Award. B. DONATION FROM MIRACLE FIELD FUNDRAISING GROUP (RESOLUTION 2017-13) Lotthammer said a group of Eden Prairie baseball players have put together fundraising efforts for the Miracle Field over the past several years. The field opened last year and was well used. Eight members of the group described the work they did to help raise funds for the construction of the Miracle Field. They presented a check to Mayor Tyra-Lukens for$98,000 towards the Miracle Field construction. CITY COUNCIL MINUTES January 17, 2017 Page 2 Tyra-Lukens thanked the group for their donation and noted it was great to see the work this group of baseball players has done in the community. MOTION: Case moved, seconded by Aho, to adopt Resolution 2017-13 accepting the donation from the Eden Prairie Miracle League Field Fundraising Committee. Motion carried 5-0. C. DONATION FROM EDEN PRAIRIE SMILES FOR 2017 SPECIAL EVENTS (RESOLUTION 2017-14) Lotthammer said we have had another donation from Eden Prairie Smiles for five special events planned for 2017. He thanked Dr. Mesa for his role in this donation. MOTION: Aho moved, seconded by Nelson, to adopt Resolution 2017-14 accepting the donation of$5,000 from Eden Prairie Smiles for Parks and Recreation special events. Motion carried 5-0. D. DONATION FROM LIONS TAP FOR 2017 SPECIAL EVENTS (RESOLUTION 2017-15) Lotthammer said Lions Tap is another business that has provided ongoing support to the special events in Eden Prairie. This year Lions Tap is donating $1600 to support 16 of the 2017 Special Events. MOTION: Butcher Wickstrom moved, seconded by Case, to adopt Resolution 2017-15 accepting the donation in the amount of$1,600 from Lions Tap to be used towards 2017 Special Events. Motion carried 5-0. E. DR. MARTIN LUTHER KING,JR., PROCLAMATION Mayor Tyra-Lukens read a proclamation proclaiming 2017 as a year to celebrate human rights and diversity. P.G. Narayanan, Chair of the Human Rights &Diversity Commission, announced the opening of the application process for the 2017 Human Rights Awards. He said awards are given in the categories of business, non-profit organization, individual and youth. The Human Rights &Diversity Commission reviews the applications received and selects the winners who will be announced at the April City Council meeting. Tyra-Lukens thanked Mr. Narayanan for his years of service on the Human Rights &Diversity Commission. She noted the City is also taking applications to serve on all the Boards and Commissions at this time. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS CITY COUNCIL MINUTES January 17, 2017 Page 3 MOTION: Aho moved, seconded by Butcher Wickstrom, to approve the agenda as published. Motion carried 5-0. VI. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY, JANUARY 3, 2017 MOTION: Case moved, seconded by Butcher Wickstrom, to approve the minutes of the City Council meeting held Tuesday, January 3, 2017, as published. Motion carried 4-0-1 with Nelson abstaining. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION 2017-16 SUPPORTING TIMBERLAND PARTNERS APPLICATION TO HENNEPIN COUNTY TRANSIT ORIENTED DEVELOPMENT PROGRAM C. ADOPT RESOLUTION 2017-17 REVOKING 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. ADOPT RESOLUTION 2017-18 APPROVING RESIDENTIAL RECYCLING GRANT AGREEMENT AND ADOPT RESOLUTION AUTHORIZING RENEWAL OF HENNEPIN COUNTY RESIDENTIAL RECYCLING GRANT AGREEMENT H. ADOPT RESOLUTION 2017-19 AUTHORIZING SETTLEMENT OF ACQUISITION FOR PARCEL 30, SHADY OADK ROAD IMPROVEMENT, I.C. 11-5800 CITY COUNCIL MINUTES January 17, 2017 Page 4 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 MOTION: Nelson moved, seconded by Case, to approve Items A-J on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS A. PRAIRIE MEADOWS Authorizing Sale and Delivery of Revenue Bonds for Prairie Meadows Multi-Family Housing Development(Resolution 2017-20) Getschow said the City Council has had a number of requests for financial assistance through the issuance of conduit revenue bonds. This request is from Prairie Meadows, a group of 28 townhome buildings located in The Preserve. The request is for up to $18,000,000 and involves a major renovation of the complex. Dan Walsh, representing Community Housing Development Corporation(CHDC) Prairie Meadows, reviewed the proposal. He said the town-home complex is located on a ten-acre site, and over half of the units are family units with a significant number of East African residents. He noted Prairie Meadows dates from 1977 and was one of the earliest projects in the State to receive Section 8 contracts. He described the renovations planned for the complex. They want to minimize the disruption to people's lives as much as possible. There will be significant upgrades to the parking, landscaping and the outdoor play area as well as renovation to the interior of the units. Nelson asked if the proponent would make sure the units are remediated for mold issues. Mr. Walsh said they would. Nelson then asked if the renovations would be inspected by the Fire Department. Mr. Walsh said they would. Aho asked about the level of occupancy for the buildings. Mr. Walsh said it is effectively 100%, and there is an extensive waiting list. He noted Section 8 rent assistance is very valuable,particularly in this location. Aho asked if the renovations will be done while residents are living there and over what period of time the renovations will take place. Mr. Walsh replied they expect about a ten-month construction process. The contractor they chose has made a science of in-place renovation procedures and will not be in any one unit more than a total of five days. They plan to work closely with residents and the contractor to make sure that any particular needs are accommodated and any concerns are addressed. Tyra-Lukens commented we taken this kind of action with other housing facilities in the past, but never to this extent. She asked staff to address what the risk is to the City. Rosow replied this is conduit financing, so it is pass-through financing. The borrower has secured the services of an underwriter who marketed the bonds. The CITY COUNCIL MINUTES January 17, 2017 Page 5 City's involvement is to obtain tax-free interest on the bonds under Federal law, and that is the advantage of municipal financing. The City has no liability on the bonds. The City's only obligation is to turn over any money available from the borrower's repayments to the trustee. If the borrower does not make the payments, the City is not responsible for any default. The lack of liability for the City is carried through all the documents. As to whether default on the bonds would affect the City's bond rating, there may be a perception in the market when the City is named on the bond that would require more of an explanation of the City's lack of liability. There would not normally be an impact on our bond ratings because those agencies understand this type of financing. Tyra-Lukens asked if our legal and administrative costs are paid when this sort of financing comes up. Rosow replied the City receives a payment of 1/8 of 1% of the outstanding amount of the bonds every year as an administrative fee. That would reimburse for costs the City incurs and would go into our housing fund. Case noted this is probably one of the most significant affordable housing complexes in the City. He asked if they anticipate any rent increases coming down the road. Mr. Walsh said the complex has 100% of the units with Section 8 Federal rent assistance so the residents will never pay more than 30% of their income. The rest of the rent is paid for through HUD from Section 8 rent assistance. There are regular rent increases,but the cost to the resident never increases to more than 30% of their income. A resident on Summit Place asked how much of the renovation money is going into the interior spaces versus the exterior renovation. MOTION: Butcher Wickstrom moved, seconded by Aho, to close the public hearing. Motion carried 5-0. In reply to the resident's question, Mr. Walsh said the interior improvements are roughly$2 million of the $5.5 million total renovation costs. Tyra-Lukens noted the resolution authorizes up to $18 million. Nelson asked if they are getting money that will not go into construction. Mr. Walsh said there will be bonds for the purchase, the financing costs and some escrows and reserves. Rosow said this transaction involves the sale of the property to a new entity and the reconstruction of the units. Mr. Walsh said the amount of the bonds needs to be over 50% of the eligible basis costs in order to make it eligible for housing tax credits. Mr. Walsh noted other big costs include the update to the boilers, water heaters, and LED lighting systems as well as the re-landscaping and courtyard upgrades. Case noted the total cost of the entire project is listed at $24 million. MOTION: Butcher Wickstrom moved, seconded by Aho, to adopt Resolution 2017-20 adopting a housing program with respect to a multifamily housing project; CITY COUNCIL MINUTES January 17, 2017 Page 6 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. Motion carried 5-0. Nelson asked if this will stay Section 8 forever. Rosow replied this insures that Section 8 financing will last as long as the mortgage, or 35 years in this case. Without this financing, the Section 8 housing would have expired within a year. VOTE ON THE MOTION: Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Nelson, to approve the payment of claims as submitted. Motion was approved on a roll call vote,with Aho, Butcher Wickstrom, Case, Nelson and Tyra-Lukens voting "aye." XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. APPOINTMENTS TO 2017 BOARD OF APPEAL AND EQUALIZATION Getschow said the Council heard from the other six commissions earlier this evening at the Council workshop. The seventh board is the Board of Appeal and Equalization which has responsibility for two meetings each year. They consider appeals of property values that come to the City's Assessing Department. The request is to appoint individuals to the commission. All five of the individuals have experience in real estate and have expertise in the area of property values in the southwest metro area. MOTION: Aho moved, seconded by Case, 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. Motion carried 5-0. XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR CITY COUNCIL MINUTES January 17, 2017 Page 7 D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Pickleball Update Lotthammer said at the November 7 meeting of the Parks &Recreation Commission, over 70 members of the Southwest Pickleball Association gave an update on their organization and asked for additional pickleball courts in the City. 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, the Southwest Pickleball Association would explore a funding proposal. The Parks Commission suggested staff move forward with a Feasibility Study. As part of the study, staff reviewed the community facilities that would have the desired amenities including space for multiple courts,parking, restrooms, water, windscreens, fencing, seating and shade. The sites considered were Riley Lake Park and Staring Lake Park. They determined that Riley Lake Park's site is a difficult one and would involve displacing the volleyball courts there. There were three possible locations at Staring Lake Park. The preferred location of the three sites is the area on the west side with the basketball courts and tennis courts. The basketball courts are near the end of their useful life and are scheduled for replacement in the next couple of years. Adding 12 pickleball courts to the project would add $300,000 to the renovation cost of$200,000 for the basketball and tennis courts. There would be space for a 24-court facility with tennis and basketball courts on the west side. Lotthammer said he would like to get feedback if the Council is comfortable moving forward with this. Staff gave the Southwest Pickleball Association examples of fundraising, such as the Miracle Field and the Foxjets. He said there would be sites available for some recognition tables. Tyra-Lukens said she can vouch for the fact that dual line courts for pickleball and tennis are not good for either sport. This site seems to make a lot of sense because there are many of the other desired amenities here already. She thought this is a good location and she would be in favor of it. Butcher Wickstrom said it is our tradition that groups like the Southwest Pickleball Association come forward to do fundraising. She loved that about this proposal and thought it is a wonderful idea. She asked if there are lights out there. Lotthammer said there are no lights at this location. Lotthammer said there would be evenings when we could not have pickleball at this location, such as when there are concerts at Staring Lake. Pickleball play tends to take place in the morning or early afternoon. The pickleball courts are used by people that travel throughout the southwest metro area. This is a little different concept than our Soccer Association that has 90% of the participants from Eden Prairie, and is more of a regional activity that CITY COUNCIL MINUTES January 17, 2017 Page 8 would have regional tournaments. He thought we might look at doing it by resident priority. Butcher Wickstrom wanted to make sure the understanding is that this is our facility if there would be a conflict. Case said he loved the idea. It is another example of how the City needs to evolve with changing demographics, and it reminded him of our recent additions of disc golf and cricket. Nelson also supported this. She said she would not expect them to raise all the money. We put money into tennis courts, and those are used by fewer people than the pickleball courts. This sport is primarily for a senior demographic, and it is good to have something that keeps people physically fit as they age. She thought the City should start putting money for pickleball into our CIP budget. Aho said it is important to keep people active with the changing demographics of the community as it ages in place. Pickleball provides an opportunity for seniors to recreate, which is a good thing. Tyra-Lukens said she is very much in favor of fundraising for this as well. It would attract people from all over the County. She thought it is important to have a substantial contribution from the users. It is not unusual for there to be a usage charge for sports like this, and that may be the way we would need to go. Lotthammer said we have money budgeted to redo the existing courts but have no money for this program, so this kind of funding source would be very important. There is not a lot of grant money for this type of activity at this time. He said staff would also suggest this as a scalable project as a way to get started. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Butcher Wickstrom moved, seconded by Case, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 8:07 PM. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 14, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.A. Christy Weigel, Clerk's License Application List Police/ Support Unit These licenses have been approved by the department heads responsible for the licensed activity. Requested Action Motion: Approve the licenses listed below New On-Sale Wine with Strong Beer & Temporary Liquor 3.2 Beer License Organization: Eden Prairie Lions Club Licensee name: Frank EP, LLC Event: Schooner Days DBA: R Taco Date: June 2, 3, 4, 2017 13000 Technology Drive#120 Place: Round Lake Park&EP Community Center Parking Lot 16691 & 16700 Valley View Road 2017 Renewal Licenses Temporary Liquor Private Kennel Organization: Eden Prairie Lions Club Debra Wegler Event: Hometown Celebration Date: July 3-4, 2017 Place: Round Lake Park 16691 Valley View Road Temporary Liquor Organization: Eden Prairie Lions Club Event: Corn Feed Date: August 5, 2017 Place: Round Lake Park 16691 Valley View Road New On-Sale Wine with Strong Beer& 3.2 Beer License Licensee name: Gogi Brothers House, LLC DBA: Gogi Bros. House 6407 City West Parkway #C7 - 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 14, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.B. Robert Ellis Resolution Authorizing Minnesota Water Agency Response Network(MnWARN) Public Works/Engineering Mutual Aid Agreement Requested Action Move to: Adopt Resolution authorizing Minnesota Water Agency Response Network (MnWARN) Mutual Aid Agreement. Background Information The Minnesota Water Agency Response Network(MnWARN) is a formal emergency response organization for cities in Minnesota who provide water, wastewater and storm water utility services. MnWARN members can choose to provide mutual aid for repairing and restoring water, wastewater, and storm water utilities that have sustained physical damage from natural or man-made disasters in the state of Minnesota. Mutual aid assistance can come in the form of personnel, equipment, and materials and other associated services necessary to protect the health and welfare of the utilities' customers. MnWARN assists member utility organizations with: • Emergency assessment, emergency response, and recovery. • Mutual aid agreement for sharing emergency resources with members. • Resources to help recover from a disaster. • Emergency contact network. • Voluntary participation. MnWARN membership includes dozens of Minnesota municipal utility providers. There is no cost to participate in MnWARN and there is no obligation to respond. MnWARN simply provides a forum for establishing and maintaining emergency contacts, and creates a platform for members who respond to be reimbursed for their efforts. Attachments Resolution Agreement CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2017- A RESOLUTION AUTHORIZING MINNESOTA WATER AGENCY RESPONSE NETWORK(MnWARN) MUTUAL AID AGREEMENT WHEREAS, Minnesota Statutes, Section 471.59 authorizes governmental units, by agreement of their governing bodies, to jointly or cooperatively exercise any power common to them; and WHEREAS, MnWARN has been established by the adoption of a Mutual Aid Agreement (the Agreement)among governmental units to allow their Utility Depar liiients to assist each other in case of an emergency; and WHEREAS,the Agreement allows for other governmental units to become a party to the Agreement by the adoption of a resolution and sending notice to the Secretary of the Statewide Committee for MnWARN; and WHEREAS,the governing body of the City of Eden Prairie considers it to be in the best interest of the City to enter into the mutual agreement. NOW THEREFORE, BE IT RESOLVED that the Eden Prairie City Council enters into the Mutual Aid Agreement with Minnesota Water Agency Response Network (MnWARN) and authorizes its Public Works Director to represent the City of Eden Prairie in this network and the Mayor and City Manager are authorized to sign said Agreement. ADOPTED by the City Council on February 14, 2017. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk MINNESOTA WATER AGENCY RESPONSE NETWORK (MnWARN) MUTUAL AID AGREEMENT This Minnesota Water Agency Response Network (MnWARN) Mutual Aid Agreement is made and entered into by the undersigned Parties. WHEREAS, the Parties hereto are authorized by law or home rule charter to establish a water, wastewater or storm water utility; and WHEREAS, the Parties hereto have established a water, wastewater and/or storm water utility; and WHEREAS, the Parties recognize that an Emergency may require Assistance in the form of personnel, equipment and supplies from a Utility outside the Governmental Unit; and WHEREAS, the governing bodies of the Parties have investigated the facts and determined that it is in their best interests to authorize their Utilities to work cooperatively with another Party's Utilities when there is an Emergency; and WHEREAS, Minnesota Statutes, Section 471.59 authorizes the Parties by agreement of their governing bodies to jointly or cooperatively exercise any power common to them. NOW, THEREFORE, in consideration of the mutual covenants made herein, the Parties agree as follows: ARTICLE I PURPOSE The Parties recognize that in an Emergency, their Utilities may require Assistance in the form of personnel, equipment and supplies from outside the area of impact. The purpose of this Agreement is to provide a framework, in the event of an Emergency, for the Parties to participate in an intrastate program for mutual aid assistance to provide water, wastewater and storm water utility services. The Parties authorize their Utilities to cooperatively assist other Party's Utilities when there is an Emergency, subject to the discretion of the Responding Party's Authorized Official as set forth in Article IV. ARTICLE II DEFINITIONS A. Agreement—This Water Agency Response Network Mutual Aid Agreement. B. Assistance — Resources, including but not limited to personnel, equipment, material and supplies that a Responding Party's Utility provides to a Receiving Party's Utility. C. Authorized Official —An employee or official of a Party's Utility that is authorized by the Party's governing body to request Assistance or provide Assistance under this Agreement. D. Emergency—Any occurrence that is, or is likely to be, beyond the control of the services, personnel, equipment or facilities of a Party's Utility. E. Governmental Unit—A city, county or township in Minnesota or a city's public utilities commission. F. MnWARN — The framework for public water, wastewater and storm water utilities in Minnesota to assist other public water, wastewater and storm water utilities when there is an Emergency that requires Assistance from another Utility. The framework includes this Agreement and other resources to be developed and coordinated by the Statewide Committee to implement the purpose of this Agreement. G. National Incident Management System (NIMS) —A national, standardized approach to incident management and response that sets uniform processes and procedures for emergency response operations. H. Party/Parties — One or more governmental units that has a water, wastewater or stormwater utility that executes this Agreement or adopts this Agreement by resolution pursuant to Article XIV. I. Period of Assistance —The period of time when a Responding Party assists a Receiving Party. The period commences when personnel, equipment or supplies depart from a Responding Party's facility and ends when the resources return to their facility. All protections identified in the Agreement apply during this period. The Period of Assistance may occur during response to or recovery from an Emergency. J. Receiving Party—A Party who requests and receives Assistance under this Agreement. K. Responding Party—A Party that provides Assistance to another Party pursuant to this Agreement. L. Statewide Committee —The committee responsible for overseeing MnWARN on a statewide level. M. Steering Committee — The leadership group that established MnWARN and the development of this Agreement. N. Utility/Utilities —A water, wastewater and/or storm water utility of a Party. 2 ARTICLE III ADMINISTRATION A. Statewide Committee. 1. Voting Members. MnWARN shall be administered through a Statewide Committee. The Statewide Committee shall be comprised of nine (9) voting members. The voting members of the Statewide Committee shall be comprised as follows: (i) an employee or official of a Utility located in Region 1 of the Minnesota Division of Homeland Security and Emergency Management Regions; (ii) an employee or official of a Utility located in Region 2 of the Minnesota Division of Homeland Security and Emergency Management Regions; (iii) an employee or official of a Utility located in Region 3 of the Minnesota Division of Homeland Security and Emergency Management Regions; (iv) an employee or official of a Utility located in Region 4 of the Minnesota Division of Homeland Security and Emergency Management Regions; (v) an employee or official of a Utility located in Region 5 of the Minnesota Division of Homeland Security and Emergency Management Regions; (vi) an employee or official of a Utility located in Region 6 of the Minnesota Division of Homeland Security and Emergency Management Regions; (vii) an employee or official of the Minnesota Rural Water Association; (viii) a representative from the Minnesota Section of the American Water Works Association; and (ix) a representative of the Minnesota Wastewater Operator's Association. a. Initial Voting Members. The initial voting members representing the six regions of the Minnesota Division of Homeland Security and Emergency Management Regions shall be selected by the Steering Committee. The other three voting members shall be selected by the organization they represent. b. Subsequent Voting Members. The appointment or election of subsequent voting members shall be done in accordance with bylaws to be adopted by the Statewide Committee. c. Terms. The terms of the voting members shall be established by the bylaws to be adopted by the Statewide Committee. d. Changes. The Statewide Committee may change the number or composition of the voting members in accordance with its bylaws. 2. Advisory Members. There shall be at least six (6) advisory members of the Statewide Committee who shall not be entitled to vote. The advisory member shall consist of a representative to be selected by each of the following organizations: (i) the Minnesota Pollution Control Agency; (ii) the Minnesota Department of Health; (iii) Minnesota Homeland Security and Emergency Management; (iv) the Association of Minnesota Emergency Managers; (v) the Minnesota Municipal Utilities Association; and (vi) the League of Minnesota Cities. The voting members of the Statewide Committee may change the number or composition of the advisory members in accordance with its bylaws. The terms of the advisory members shall be established by the bylaws of the Statewide Committee. 3. Officers. The Statewide Committee shall have the following officers: a Chair, a Vice- Chair and a Secretary. The initial officers shall be elected by the Statewide Committee at its first meeting. The terms of the initial officers and subsequently elected officers 3 shall be established by the bylaws of the Statewide Committee. The officers shall have the following powers: a. Chair. The Chair shall have no more power than any other member of the Statewide Committee except that the Chair shall act as the presiding officer at all Statewide Committee meetings and may have other duties as assigned from time to time and prescribed by the Statewide Committee. b. Vice-Chair. The Vice-Chair shall act as the presiding officer at any Statewide Committee meeting not attended by the Chair and shall perform the Chair's duties in the Chair's absence. The Vice-Chair may have other duties as assigned from time to time and prescribed by the Statewide Committee. c. Secretary. The Secretary shall be responsible for ensuring that minutes are prepared for all Statewide Committee meetings. The Secretary shall also keep all books and records of the Statewide Committee and shall give all notices required by law, and may have other duties as assigned from time to time and prescribed by the Statewide Committee. The Statewide Committee may delegate all or part of the Secretary's duties required under this Section to another person; provided that such delegation shall not relieve the Secretary of ultimate responsibility for these duties 4. Powers. The Statewide Committee shall have the following powers: a. To coordinate emergency planning and response activities of Utilities in coordination with the emergency management and public health system of the State; b. To adopt policies and procedures to further the purpose of MnWARN; c. To establish committees, including regional committees, to assist in implementing the purpose of MnWARN; d. To develop a resource list of personnel, equipment, supplies and other resources that may be used to provide Assistance; e. To establish a website to facilitate the Parties' use of MnWARN; f. To develop protocols, forms or procedures for Parties to request assistance; g. To develop educational materials; and h. To develop training materials and conduct training for Parties. 5. Meetings. The Statewide Committee shall hold meetings as follows: a. Organizational Meeting. An organizational meeting shall be held at a time and place to be determined by the Steering Committee. b. Regular Meetings. Thereafter, the Statewide Committee shall meet at least annually. A schedule of regular meetings may be adopted by the Statewide 4 Committee at the organizational meeting. A schedule of regular meetings may be changed from time to time as deemed necessary by the Statewide Committee. c. Special Meetings. Special meetings of the Statewide Committee may be called by the Chair and must be called by the Chair upon written request of two Statewide Committee members. d. Quorum. The Statewide Committee shall not take official action unless a majority of the voting members are present in person or via electronic communication. ARTICLE IV REQUESTS FOR ASSISTANCE A. Party Responsibility. The Parties shall identify an Authorized Official and one or more alternates; provide contact information including 24-hour access; and maintain the resource information required contained in the member information form to be developed by the Statewide Committee. The Parties shall update this information as required by the bylaws. In the event of an Emergency, a Party's Authorized Official may request Assistance from a Party's Utility. The Authorized Official must specifically state that Assistance is being requested under MnWARN to activate the provisions of this Agreement. Requests for Assistance can be made orally or in writing. When made orally, the request for Assistance shall be prepared in writing as soon as practicable. Requests for Assistance shall be directed to the Authorized Official of a Party. Specific protocols for requesting Assistance shall be established by the Statewide Committee. B. Response to a Request for Assistance. After a Party receives a request for Assistance, the Authorized Official should evaluate if resources are available to respond to the request for Assistance. Following the evaluation, the Responding Party's Authorized Official shall inform, as soon as possible, the Receiving Party's Authorized Official if it can provide Assistance. If Assistance is provided, the Responding Party shall inform the Receiving Party about the type of available resources and the approximate arrival time of such resources. C. Discretion of Responding Party's Authorized Official. Adoption of this Agreement does not create any duty to provide Assistance. When a Party receives a request for Assistance, the Authorized Official shall have absolute discretion to provide Assistance or to not provide Assistance. A Party's decision to provide Assistance or not provide Assistance shall be final. No Party nor any employee or officer of any Party shall be liable to any other Party or to any person for failure of any Party to furnish Assistance or for recalling Assistance. ARTICLE V RESPONDING PARTY PERSONNEL A. National Incident Management System (NIMS). When providing Assistance under this Agreement, the Requesting Party's Utility and the Responding Party's Utility shall be organized and function under NIMS. B. Control. The personnel of a Responding Party providing Assistance shall be under the direction and control of the Receiving Party until the Responding Party's Authorized Official withdraws Assistance. The Receiving Party's Authorized Official shall coordinate response 5 activities with the Responding Party's Authorized Official. Whenever practical, Responding Party personnel should plan to be self sufficient for up to 72 hours. C. Food and Shelter. The Receiving Party shall supply reasonable food and shelter for Responding Party personnel for Assistance that is provided for more than 72 hours. If the Receiving Party is unable to provide food and shelter for a Responding Party's personnel, the Responding Party's Authorized Official or designee is authorized to secure food and shelter for its personnel and shall be entitled to reimbursement for such expenses from the Receiving Party. Reimbursement for food and shelter shall reflect the actual costs incurred by the Responding Party. If receipts are not available, the Responding Party cannot request reimbursement in excess of the State per diem rates for that area. D. Communication. The Receiving Party shall provide Responding Party personnel with radio equipment as available, or radio frequency information to program existing radios, in order to facilitate communication among personnel providing Assistance. E. Status. Unless otherwise provided by law, the Responding Party's officers and employees retain the same privileges, immunities, rights, duties, and benefits as provided in their respective jurisdictions. F. Licenses and Permits. To the extent permitted by law, Responding Party personnel who hold licenses, certificates, or permits evidencing professional, mechanical, or other skills shall be allowed to carry out activities and tasks relevant and related to their respective credentials during the Period of Assistance. G. Right to Withdraw. The Responding Party's Authorized Official retains the right to withdraw some or all of its resources at any time. Notice of intention to withdraw must be communicated to the Receiving Party's Authorized Official as soon as possible. ARTICLE VI COST REIMBURSEMENT Unless otherwise mutually agreed in whole or in part, the Receiving Party shall reimburse the Responding Party for each of the following categories of costs incurred while providing Assistance during the Period of Assistance. A. Personnel. A Responding Party shall be reimbursed for its actual costs paid to personnel providing Assistance during the Period of Assistance. The Responding Party's designated supervisor(s) must keep accurate records of work performed by personnel during the Period of Assistance. Reimbursement to the Responding Party must consider all personnel costs, such as salaries or hourly wages, including overtime, and costs for fringe benefits and indirect costs. B. Equipment. The Receiving Party shall reimburse the Responding Party for the use of equipment during a Period of Assistance pursuant to the Responding Party's rate schedule. If the Responding Party does not have a rate schedule, the rates for equipment use must be based on the Federal Emergency Management Agency's (FEMA) Schedule of Equipment Rates. If a Responding Party uses rates different from those in the FEMA Schedule of Equipment Rates, the Responding Party must provide such rates in writing to the Receiving Party prior to supplying Assistance. Reimbursement for equipment not referenced on a Party's rate schedule or the FEMA Schedule of Equipment Rates must be developed based on actual recovery of costs. 6 C. Materials and Supplies. The Receiving Party must reimburse the Responding Party in kind or at actual replacement cost, plus handling charges, for use of expendable or non- returnable supplies. The Responding Party must not charge direct fees or rental charges to the Receiving Party for other supplies and reusable items that are returned to the Responding Party in a clean, damage-free condition. Reusable supplies that are returned to the Responding Party with damage must be treated as expendable supplies for purposes of cost reimbursement. D. Payment Period. The Responding Party must provide an itemized bill to the Receiving Party for all expenses it incurred as a result of providing Assistance under this Agreement. The Responding Party must send the itemized bill not later than ninety (90) days following the end of the Period of Assistance. The Receiving Party must pay the undisputed portion of the bill in full on or before the forty-fifth (45th) day following the billing date. Unpaid bills become delinquent upon the forty-sixth (46th) day following the billing date, and, once delinquent, the bill accrues interest at the standard rate of interest charged by the Responding Party for unpaid bills. If the Responding Party does not have a standard rate, the interest rate shall be the rate of prime, as reported by the Wall Street Journal, plus two percent (2%) per annum. Any undisputed amount must be resolved using the procedures set forth in Article VII. ARTICLE VII DISPUTES The Parties agree to act in good faith to undertake resolution of disputes, in an equitable and timely manner and in accordance with the provisions of this Agreement. If disputes cannot be resolved informally by the Parties, the following procedures shall be used: A. Mediation. If there is a failure between Parties to resolve a dispute on their own, the Parties shall first attempt to mediate the dispute. The Parties shall agree upon a mediator, or if they cannot agree, the Statewide Committee Chair shall select a mediator. If the Chair of the Statewide Committee, has a conflict of interest, the duty for selecting a mediator shall pass to the Vice-Chair. B. Arbitration. If the dispute remains unresolved following mediation, the dispute shall be submitted to arbitration under the Uniform Arbitration Act, Minnesota Statutes, Sections 572.08-.30. If the Parties cannot agree on one or more arbitrators, the arbitrator(s) shall be selected using the same procedure set forth for selecting a mediator. The decision of the majority of the arbitrators shall not be binding upon the Parties. If the arbitration decision is not accepted, the Parties may pursue any other legal remedy to resolve the dispute. ARTICLE VIII RECEIVING PARTY'S DUTY TO INDEMNIFY For the purposes Minnesota Municipal Tort Liability Act, Minnesota Statutes, Chapter 466, the employees and officers of the Responding Party are deemed to be employees (as defined in Minnesota Statutes, Section 466.01, subdivision 6) of the Receiving Party. The Receiving Party shall defend, indemnify and hold harmless, the Responding Party, its officers, employees, volunteers and agents from all claims, loss, damage, injury, and liability of 7 every kind, nature, and description, directly or indirectly arising from the Responding Party's Assistance during the Period of Assistance. The scope of the Receiving Party's duty to indemnify includes, but is not limited to, suits arising from, or related to, negligent or wrongful use of equipment or supplies on loan to the Receiving Party, or faulty workmanship or other negligent acts, errors, or omissions by the Responding Party personnel. The Receiving Party shall not be required to defend and indemnify the Responding Party for any willful or wanton misconduct of the Responding Party or its officer, employees, volunteers or agents. Under no circumstances, however, shall a party be required to pay on behalf of itself and other parties, any amounts in excess of the limits of liability established in Minnesota Statutes, Chapter 466 applicable to any one party. The intent of this article is to impose on each Receiving Party a limited duty to defend and indemnify a Responding Party for claims arising within the Receiving Party's jurisdiction subject to the limits of liability under Minnesota Statutes, Chapter 466. The purpose of creating this duty to defend and indemnify is to simplify the defense of claims by eliminating conflicts among defendants and to permit liability claims against multiple defendants from a single occurrence to be defended by a single attorney. The Receiving Party's duty to indemnify is subject to, and shall be applied consistent with, the conditions set forth in Article X. ARTICLE IX DAMAGE TO EQUIPMENT Each Party shall be responsible for damages to or loss of its own equipment. Each Party waives the right to sue any other Party for any damages to or loss of its equipment, even if the damages or losses were caused wholly or partially by the negligence of any other Party or its officers, employees, or volunteers. ARTICLE X WORKERS' COMPENSATION Each Party shall be responsible for injuries or death of its own personnel. Each Party will maintain workers' compensation insurance or self-insurance coverage, covering its personnel while they are providing Assistance pursuant to this Agreement. Each Party waives the right to sue another Party for any workers' compensation benefits paid to its own personnel while they are providing Assistance pursuant to this Agreement. Each Party waives the right to sue another Party for any workers' compensation benefits paid to its own employee or volunteer or their dependents, even if the injuries were caused wholly or partially by the negligence of another Party or its officers, employees or volunteers. ARTICLE XI INSURANCE Parties to this Agreement shall maintain the following liability coverages: (1) commercial general liability; and (2) automobile liability, including owned, hired, and non-owned automobiles. Each policy shall have a limit at least equal to the maximum municipal liability limit in Section 466.04, subd. 1. If the policy contains a general aggregate limit, the general aggregate limit shall not be less than double the maximum municipal liability limit in Section 466.04, subd. 1. 8 ARTICLE XII WITHDRAWAL A Party may withdraw from this Agreement by providing written notice of its intent to withdraw to the Statewide Committee Secretary. Withdrawal takes effect 60 days after notice is sent. ARTICLE XIII INTRASTATE AND INTERSTATE MUTUAL AID AND ASSISTANCE PROGRAMS To the extent practicable, Parties to this Agreement are encouraged to participate in mutual aid and assistance activities conducted under the State of Minnesota Intrastate Mutual Aid and Assistance Program and the Interstate Emergency Management Assistance Compact (EMAC). Parties may voluntarily agree to participate in an interstate Mutual Aid and Assistance Program for Utilities through this Agreement if such a Program were established. ARTICLE XIV NEW MEMBERS Other Governmental Units may be added to this Agreement upon approval of their governing body as evidenced by adoption of the resolution attached as Exhibit I to this Agreement and execution by the Governmental Unit's authorized representatives. A Governmental Unit shall not become a Party to this Agreement until a certified copy of the resolution is received by the Statewide Committee Secretary. The Statewide Committee Secretary shall maintain a master list of all Parties to this Agreement. ARTICLE XV GENERAL PROVISIONS MODIFICATION A. Modification. No provision of this Agreement may be modified, altered or rescinded by individual parties to the Agreement. Modifications to this Agreement may be due to programmatic operational changes to support the Agreement. Modifications require a simple majority vote of the Parties to this Agreement. The Statewide Committee Secretary shall provide written notice to all Parties of approved modifications to this Agreement. Approved modifications take effect 60 days after the date upon which notice is sent to the Parties. B. Signatory Indemnification. In the event of a liability, claim, demand, action or proceeding of whatever kind or nature arising out of a Period of Assistance, the Parties who receive and provide Assistance shall indemnify and hold harmless those Parties whose involvement in the transaction or occurrence that is the subject of such claim, action, demand or other proceeding is limited to execution of this Agreement. C. Prohibition on Third Parties and Assignment of Rights/Duties. This Agreement is for the sole benefit of the Parties and no person or entity shall have any rights under this Agreement as a third-party beneficiary. Assignments of benefits and delegations of duties created by this Agreement are prohibited and are without effect. D. Notice. A Party who becomes aware of a claim or suit that in any way, directly or indirectly, contingently or otherwise, affects or might affect other Parties to this Agreement shall 9 provide prompt and timely notice to the Parties who may be affected by the suit or claim. Each Party reserves the right to participate in the defense of such claims or suits as necessary to protect its own interests. E. Effective Date. This Agreement shall be effective after approval by the Parties' governing body and execution by the Parties' authorized representatives. F. Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Minnesota. G. Captions. Article and section headings contained in this Agreement are included for convenience only and form no part of the Agreement among the Parties. H. Waivers. The waiver by a Party of any breach or failure to comply with any provision of this Agreement by another Party shall not be construed as, or 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. I. Counterparts. This Agreement may be executed in several counterparts, each of which shall be an original, all of which shall constitute but one and the same instrument. J. Savings Clause. If any court finds any article, section or portion of this Agreement to be contrary to law or invalid, the remainder of the Agreement will remain in full force and effect. IN WITNESS WHEREOF, the Parties, by action of their respective governing bodies, caused this Agreement to be approved on the dates below. City of , Minnesota The City Council of , Minnesota duly approved this Agreement on the day of , 20 . By: Its Mayor And: Its Clerk 10 EXHIBIT I RESOLUTION AUTHORIZING GOVERNMENTAL UNIT TO BE A PARTY TO MINNESOTA WATER AGENCY RESPONSE NETWORK (MnWARN) WHEREAS, Minnesota Statutes, Section 471.59 authorizes governmental units by agreement of their governing bodies to jointly or cooperatively exercise any power common to them; WHEREAS, MnWARN has been established by the adoption of a Mutual Aid Agreement (the Agreement) among Governmental Units to allow their water, wastewater and storm water utilities to assist each other in case of an emergency; WHEREAS, the Agreement allows other governmental units to become a party to the Agreement by the adoption of this Resolution and sending notice to the Secretary of the Statewide Committee for MnWARN; and WHEREAS, the governing body of[name of governmental unit] considers it to be in the best interests of the [City][County][Town] to be a party to the Agreement. NOW, THEREFORE, BE IT RESOLVED, that [name of governmental unit]: 1. Authorizes [ position title of designated employee or official] and [ position title of designated employee or official] to sign this resolution evidencing the intent of [name of governmental unit] to be a party to MnWARN; and 2. [Name of designated employee or official] is directed to send a certified copy of this resolution and a completed membership information form to the Secretary of the Statewide Committee of MnWARN; and 3. [Name of political subdivision] agrees to comply with all terms of the Agreement. IN WITNESS WHEREOF, [name of governmental unit], by action of its governing body, caused this Resolution to be approved on [Month/Date/Year]. By: Its And: Its CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda February 14,2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.C. Joe Dusek Approve Construction Contract with Keys Public Works/Utilities Well Drilling to Rehabilitate Well 15 Requested Action Move to: Approve construction contract with Keys Well Drilling to service well 15 in the amount of$37,970. Synopsis The City of Eden Prairie Utilities Division obtained proposals from two competent regional well drillers for the rehabilitation work at Municipal Well No. 15 located at 14800 Technology Drive. The least-cost proposal was offered by Keys Well Drilling. Staff recommends acceptance of the proposal in the amount of$37,970 to be paid from the water enterprise fund. Background Information Municipal Well No. 15 was constructed in 2005 and provided a sustained pumping rate of 1400 gallons of water per minute for many years. Well 15 is due for routine inspection and maintenance services, with no planned upgrade to the pump or motor. The existing flow meter will be replaced with a magnetic flow meter. To evaluate our options for sustaining the performance of the well, we consulted with Advanced Engineering who recommended an economically feasible upgrade, with no pump or motor replacement. Attachment Recommendation Letter with bid tabulation .` � 111E2S' www.ae2s . com January 24, 2017 Mr.Joe Dusek Water Treatment Supervisor City of Eden Prairie Re: Recommendation for Notice of Award Well No. 15 Downhole Rehabilitation Project City of Eden Prairie,Minnesota Dear Mr.Dusek: Pursuant to the authority of the Eden Prairie City Council, quotes were received electronically Friday January 20th at 2 PM. A total of two (2) quotes were received for the project. Pursuant to our review of the quotes received,it appears that all were completed in accordance with the requirements of the Request for Quotes(RFQ). A summary of the Quote Tabulation is below for your reference. Contractor Name Well No. 15 Rehabilitation Keys Well Drilling $37,970.00 Bergerson Caswell $38,630.00 Pending Eden Prairie's official's acceptance of the proposed contract prices, Advanced Engineering and Environmental Services, Inc. (AE2S) recommends that the City award the construction contract for Well No. 15 Rehabilitation to Keys Well Drilling since they were the lowest responsive and responsible bidder for$37,970.00. AE2S truly appreciates the opportunity to be able to work with the City of Eden Prairie on this project for the City. Should you or anyone at the City have any questions or comments regarding this letter, please feel free to contact me directly at 763-463-5036. Sincerely, Nancy Zeigler,PE Project Manger Advanced Engineering and Environmental Services. Inc. 6901 East Fish Lake Road,Suite 184 • Water Tower Business Center • Maple Grove, MN 55369-5457 • It) 763-463-5036 • (f] 763-463-5037 Standard Agreement for Contract Services This Agreement ("Agreement") is made on the 14th day of February, 2017, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Keys Well Drilling, a Minnesota well driller (hereinafter "Contractor") whose business address is 1156 Homer Street, St. Paul, MN 55116. Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of services by Contractor for service and upgrade of well 15 hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. The terms of this Agreement shall take precedence over any provisions of the Contractor's proposal and/or general conditions. 2. Effective Date and Term of Agreement. This Agreement shall become effective as of February 14, 2017. The Work shall be completed by June 1, 2017. 3. Obligations of Contractor. Contractor shall conform to the following obligations: a. Contractor shall provide the materials and services as set forth in Exhibit A. b. Contractor and its employees will park in service areas or lots and use entries and exits as designated by City. Contractor's personnel will contact the appropriate person (i.e. receptionist, maintenance personnel, security, etc,) immediately upon entering the building, and will sign in and out if required by City. c. Care, coordination and communication by Contractor is imperative so that guests and employees in the buildings are not disturbed or inconvenienced during the performance of the contracted services. d. Contractor's personnel must be neat appearing, wear a uniform and badge that clearly identifies them as a service contractor, and abide by City's no smoking policies. e. Contractor must honor the City's request to reassign an employee for cause. Cause may include performance below acceptable standards or failure to present the necessary image or attitude, in the judgment of the owner, to present a first class operation. f. When necessary, Contractor's personnel will be provided with keys or access cards in order to perform their work. Any lost keys or cards that result in rekeying a space or other cost to the City will be billed back to the Contractor. 4. City's Obligations. City will do or provide to Contractor the following: a. Provide access to City properties as appropriate. b. Provide restroom facilities as appropriate. 1 5. Compensation for Services. City agrees to pay the Contractor a fixed sum of $37,970.00 as full and complete payment for the labor, materials and services rendered pursuant to this Agreement and as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 6. Method of Payment. a. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. b. Claims. To receive any payment on this Contract, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." c. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid. 7. Project Manager. The Contractor has designated Nick Keys to Manage the Work. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the designated manager without the approval of the City. 8. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Contract. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 9. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Standard Agreement for Contract Services 2014.01 Page 2 of 8 Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General Liability $1,500,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products—Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain "stop gap" coverage if Contractor obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. e. All policies, except the Worker's Compensation Policy, shall name the "City of Eden Prairie" as an additional insured on ISO forms CG 20 10 07 04 or CG 20 10 04 13; and CG 20 37 07 04 or CG 20 37 04 13, or their equivalent. f. All policies shall apply on a "per project" basis. g. All polices shall contain a waiver of subrogation in favor of the City. h. All policies shall be primary and non-contributory. i. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Agreement. j. Contractor agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City's written acceptance of the Work. Standard Agreement for Contract Services 2014.01 Page 3 of 8 k. It shall be Contractor's responsibility to pay any retention or deductible for the coveraeges required herein. I. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days' prior notice to the City, except that if the cancellation or non- renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten (10) days' prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor's Work. Upon request a copy of the Contractor's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City's right to enforce the terms of Contractor's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor's Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and 1 expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Standard Agreement for Contract Services 2014.01 Page 4 of 8 Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 10. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 11. Termination. a. This Agreement may be terminated at any time by either party for breach or non- performance of any provision of this Agreement in accordance with the following. The party ("notifying party") who desires to terminate this Agreement for breach or non-performance of the other party ("notified party") shall give the notified party notice in writing of the notifying party's desire to terminate this Agreement describing the breach or non-performance of this Agreement entitling it to do so. The notified party shall have five (5) days from the date of such notice to cure the breach or non- performance. Upon failure of the notified party to do so, this Agreement shall automatically terminate. b. Upon the termination of this Agreement, whether by expiration of the original or any extended term or terms hereof, or for any other reason, Contractor shall have the right, within a reasonable time after such termination to remove from City's premises any and all of Contractor's equipment and other property. Except for liability resulting from acts or omissions of a party, arising, taken or omitted prior to such termination, the rights and obligations of each party resulting from this Agreement shall cease upon such termination. Any prior liability of a party shall survive termination of this Agreement. c. In the event of dissolution, termination of existence, insolvency, appointment of a receiver, assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency law, or the service of any warrant, attachment, levy or similar process involving Contractor, City may, at its option in addition to any other remedy to which City may be entitled, immediately terminate this Agreement by notice to Contractor, in which event, this Agreement shall terminate on the notice becoming effective. 12. Notice. Required notices to the Contractor shall be in writing, and shall be either hand- delivered to the Contractor, its employees or agents, or mailed to the Contractor by certified mail at the following address: Nick Keys 1156 Homer Street St. Paul, MN 55116 Standard Agreement for Contract Services 2014.01 Page 5 of 8 Notices to the City shall be in writing and shall be either hand-delivered or mailed to the City by certified mail at the following address: Joe Dusek City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Notices shall be deemed effective on the date of receipt. Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 13. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 14. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 15. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by the Contractor under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Agreement shall contain similar Data Practices Act compliance language. 16. Non-Discrimination. During the performance of this Agreement, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. Standard Agreement for Contract Services 2014.01 Page 6 of 8 17. Conflicts. No salaried officer or employee of the City and no member of the Council, or Commission, or Board of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the agreement void. 18. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 19. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 20. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 25. Waiver. No action nor failure to act by the City or the Contractor shall constitute a waiver of any right or duty afforded any of them under the Agreement, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 26. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between Standard Agreement for Contract Services 2014.01 Page 7 of 8 the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 27. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager CONTRACTOR By: Its: Standard Agreement for Contract Services 2014.01 Page 8 of 8 Exhibit A Perform well inspection and rehabilitation for well 15, which will include all materials, supplies, and labor. CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda February 14,2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.D. Joe Dusek Approve Construction Contract with Bergerson Public Works/Utilities Caswell to Rehabilitate Well 16 Requested Action Move to: Approve construction contract with Bergerson Caswell to service well 16 in the amount of$38,515. Synopsis The City of Eden Prairie Utilities Division obtained proposals from two competent regional well drillers for the rehabilitation work at Municipal Well No. 16 located at 8420 Mitchell Road. The least-cost proposal was offered by Bergerson Caswell. Staff recommends acceptance of the proposal in the amount of$38,515 to be paid from the water enterprise fund. Background Information Municipal Well No. 16 was constructed in 2008 and provided a sustained pumping rate of 1400 gallons of water per minute for many years. Well 16 is due for routine inspection and maintenance services, with no planned upgrade to the pump or motor. To evaluate our options for sustaining the performance of the well, we consulted with Advanced Engineering who recommended an economically feasible upgrade, with no pump or motor replacement. Attachment Recommendation Letter with bid tabulation Schedule A: Well No.15 Rehabilitation Keys Bergerson Caswell Item No. Item Qty Unit Unit Price Amount Unit Price Amount Schedule A: Well No.15 Rehabilitation 1 MOBILIZATION AND DEMOBILIZATION;REMOVE AND REINSTALL DRIVE,DISCHARGE HEAD,COLUMN,SHAFT,AND 1 LS $6,500.00 $6,500.00 $6,400.00 $6,400.00 2 SHOP TIME FOR CLEANING AND REPAIRING PUMP 20 Hour $85.00 $1,700.00 $85.00 $1,700.00 3 VIDEO INVESTIGATION OF WELL 1 LS $1,500.00 $1,500.00 $1,250.00 $1,250.00 4 BRUSH WELL CASING AND BAIL DEBRIS 1 LS $2,000.00 $2,000.00 $2,200.00 $2,200.00 (REMOVE DEBRIS&SCALE) 5 12"X 5'SCH.40 LINE SHAFT COLUMN PIPE,WITH COUPLING 1 EA $360.00 $360.00 $400.00 $400.00 6 12"X 10'SCH.40 LINE SHAFT COLUMN PIPE,WITH COUPLING 8 EA $450.00 $3,600.00 $550.00 $4,400.00 7 12"X 10'SCH.40 LINE SHAFT SUCTION PIPE WITH REDUCER TO 10"&WELDED STEEL STRAINER 1 EA $650.00 $650.00 $450.00 $450.00 8 1-1/2"X 5'STAINLESS STEEL LINE SHAFT 1 EA $135.00 $135.00 $200.00 $200.00 9 1-1/2"X 10'STAINLESS STEEL LINE SHAFT 2 EA $185.00 $370.00 $250.00 $500.00 10 1-1/2"STAINLESS STEEL LINE SHAFT COUPLING 5 EA $25.00 $125.00 $40.00 $200.00 11 STAINLESS STEEL HEAD SHAFT 1 LS $450.00 $450.00 $550.00 $550.00 12 BRONZE BEARING RETAINER W/RUBBER BEARING 5 EA $235.00 $1,175.00 $250.00 $1,250.00 13 RUBBER BEARING IN EXISTING RETAINER 5 EA $30.00 $150.00 $25.00 $125.00 14 STAINLESS STEEL BOWL SHAFT 1 LS $450.00 $450.00 $550.00 $550.00 15 REHAB PUMP DISCHARGE HEAD 1 LS $250.00 $250.00 $450.00 $450.00 16 REHAB PUMP MOTOR 1 LS $2,000.00 $2,000.00 $2,500.00 $2,500.00 17 REHAB PUMP BOWLS 1 LS $3,200.00 $3,200.00 $2,850.00 $2,850.00 18 PROCESS WORK(MAG METER&PIPING ADJUSTMENTS) 1 LS $11,500.00 $11,500.00 $11,000.00 $11,000.00 19 LEVEL TRANSDUCER(REMOVE EXISTING&FURNISH,INSTALL,CALIBRATE NEW) 1 LS $1,400.00 $1,400.00 $1,150.00 $1,150.00 20 NEW WELL LEVEL MONITORING TUBING(FURNISH&INSTALL,IF REQUIRED) 230 LF $1.00 $230.00 $1.00 $230.00 21 ADDITIONAL COST TO EPDXY COAT INTERIOUR OF 12"x5'SCH.40 COLUMN 1 EA $75.00 $75.00 $100.00 $100.00 22 ADDITIONAL COST TO EPDXY COAT INTERIOUR OF 12"x10'SCH.40 COLUMN 1 EA $150.00 $150.00 $175.00 $175.00 Total Schedule A: Well No.15 Rehabilitation 37,970.00 $38,630.00 TOTAL BASE QUOTE(SCHEDULE A) $37,970.00 $38,630.00 Schedule B: Well No.16 Rehabilitation Keys Bergerson Caswell Item No. Item Qty Unit Unit Price Amount Unit Price Amount Schedule B: Well No.16 Rehabilitation 1 MOBILIZATION AND DEMOBILIZATION;REMOVE AND REINSTALL DRIVE,DISCHARGE HEAD,COLUMN,SHAFT,AND 1 LS $7,000.00 $7,000.00 $6,400.00 $6,400.00 2 SHOP TIME FOR CLEANING AND REPAIRING PUMP 20 Hour $85.00 $1,700.00 $85.00 $1,700.00 3 VIDEO INVESTIGATION OF WELL 1 LS $1,500.00 $1,500.00 $1,250.00 $1,250.00 4 BRUSH WELL CASING AND BAIL DEBRIS 1 LS $2,000.00 $2,000.00 $2,350.00 $2,350.00 (REMOVE DEBRIS&SCALE) $0.00 $0.00 5 12"X 5'SCH.40 LINE SHAFT DROP PIPE,WITH COUPLING 1 EA $200.00 $200.00 $375.00 $375.00 6 12"X 20'SCH.40 LINE SHAFT COLUMN PIPE,WITH COUPLING 4 EA $750.00 $3,000.00 $850.00 $3,400.00 7 REHAB PUMP MOTOR 1 LS $7,200.00 $7,200.00 $7,550.00 $7,550.00 8 REHAB PUMP BOWLS 1 LS $3,000.00 $3,000.00 $3,000.00 $3,000.00 9 LEVEL TRANSDUCER(REMOVE EXISTING&FURNISH,INSTALL,CALIBRATE NEW) 1 LS $1,400.00 $1,400.00 $1,150.00 $1,150.00 10 NEW WELL LEVEL MONITORING TUBING(FURNISH&INSTALL) 250 LF $1.00 $250.00 $1.00 $250.00 11 ADDITIONAL COST TO EPDXY COAT INTERIOUR OF 12"x 20'SCH.40 DROP PIPE 1 EA $335.00 $335.00 $350.00 $350.00 12 12 INCH CHECK VALVE 1 EA $4,100.00 $4,100.00 $4,300.00 $4,300.00 13 REWIND MOTOR(IF REQUIRED) 1 LS $5,325.00 $5,325.00 $4,340.00 $4,340.00 14 REPLACE THRUST BEARING(IF REQUIRED) 1 LS $2,500.00 $2,500.00 $950.00 $950.00 15 LEVEL TRANSDUCER(SPARE) 1 LS $1,400.00 $1,400.00 $1,150.00 $1,150.00 Total Schedule B: Well No.16 Rehabilitation $40,910.00T $38,515.00 TOTAL BASE QUOTE(SCHEDULE B) $40,910.00 $38,515.00 Standard Agreement for Contract Services This Agreement ("Agreement") is made on the 14th day of February, 2017, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Bergerson-Caswell, a Minnesota well driller (hereinafter "Contractor") whose business address is 1551 Industrial Street, Maple Plain, MN 55359. Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of services by Contractor for service and upgrade of well 16 hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. The terms of this Agreement shall take precedence over any provisions of the Contractor's proposal and/or general conditions. 2. Effective Date and Term of Agreement. This Agreement shall become effective as of February 14, 2017. The Work shall be completed by June 1, 2017. 3. Obligations of Contractor. Contractor shall conform to the following obligations: a. Contractor shall provide the materials and services as set forth in Exhibit A. b. Contractor and its employees will park in service areas or lots and use entries and exits as designated by City. Contractor's personnel will contact the appropriate person (i.e. receptionist, maintenance personnel, security, etc,) immediately upon entering the building, and will sign in and out if required by City. c. Care, coordination and communication by Contractor is imperative so that guests and employees in the buildings are not disturbed or inconvenienced during the performance of the contracted services. d. Contractor's personnel must be neat appearing, wear a uniform and badge that clearly identifies them as a service contractor, and abide by City's no smoking policies. e. Contractor must honor the City's request to reassign an employee for cause. Cause may include performance below acceptable standards or failure to present the necessary image or attitude, in the judgment of the owner, to present a first class operation. f. When necessary, Contractor's personnel will be provided with keys or access cards in order to perform their work. Any lost keys or cards that result in rekeying a space or other cost to the City will be billed back to the Contractor. 4. City's Obligations. City will do or provide to Contractor the following: a. Provide access to City properties as appropriate. b. Provide restroom facilities as appropriate. 5. Compensation for Services. City agrees to pay the Contractor a fixed sum of $38,515.00 as full and complete payment for the labor, materials and services rendered pursuant to this Agreement and as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 6. Method of Payment. a. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. b. Claims. To receive any payment on this Contract, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." c. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid. 7. Project Manager. The Contractor has designated Tim Berquam to Manage the Work. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the designated manager without the approval of the City. 8. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Contract. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 9. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Standard Agreement for Contract Services 2014.01 Page 2 of 8 Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General Liability $1,500,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products —Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain "stop gap" coverage if Contractor obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. e. All policies, except the Worker's Compensation Policy, shall name the "City of Eden Prairie" as an additional insured on ISO forms CG 20 10 07 04 or CG 20 10 04 13; and CG 20 37 07 04 or CG 20 37 04 13, or their equivalent. f. All policies shall apply on a "per project" basis. g. All polices shall contain a waiver of subrogation in favor of the City. h. All policies shall be primary and non-contributory. i. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Agreement. j. Contractor agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City's written acceptance of the Work. Standard Agreement for Contract Services 2014.01 Page 3 of 8 k. It shall be Contractor's responsibility to pay any retention or deductible for the coveraeges required herein. I. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days' prior notice to the City, except that if the cancellation or non- renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten (10) days' prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor's Work. Upon request a copy of the Contractor's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City's right to enforce the terms of Contractor's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor's Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Standard Agreement for Contract Services 2014.01 Page 4 of 8 Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 10. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 11. Termination. a. This Agreement may be terminated at any time by either party for breach or non- performance of any provision of this Agreement in accordance with the following. The party ("notifying party") who desires to terminate this Agreement for breach or non-performance of the other party ("notified party") shall give the notified party notice in writing of the notifying party's desire to terminate this Agreement describing the breach or non-performance of this Agreement entitling it to do so. The notified party shall have five (5) days from the date of such notice to cure the breach or non- performance. Upon failure of the notified party to do so, this Agreement shall automatically terminate. b. Upon the termination of this Agreement, whether by expiration of the original or any extended term or terms hereof, or for any other reason, Contractor shall have the right, within a reasonable time after such termination to remove from City's premises any and all of Contractor's equipment and other property. Except for liability resulting from acts or omissions of a party, arising, taken or omitted prior to such termination, the rights and obligations of each party resulting from this Agreement shall cease upon such termination. Any prior liability of a party shall survive termination of this Agreement. c. In the event of dissolution, termination of existence, insolvency, appointment of a receiver, assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency law, or the service of any warrant, attachment, levy or similar process involving Contractor, City may, at its option in addition to any other remedy to which City may be entitled, immediately terminate this Agreement by notice to Contractor, in which event, this Agreement shall terminate on the notice becoming effective. 12. Notice. Required notices to the Contractor shall be in writing, and shall be either hand- delivered to the Contractor, its employees or agents, or mailed to the Contractor by certified mail at the following address: Tim Berquam 5115 Industrial Street Maple Plain, MN 55359 Standard Agreement for Contract Services 2014.01 Page 5 of 8 Notices to the City shall be in writing and shall be either hand-delivered or mailed to the City by certified mail at the following address: Joe Dusek City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Notices shall be deemed effective on the date of receipt. Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 13. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 14. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 15. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by the Contractor under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Agreement shall contain similar Data Practices Act compliance language. 16. Non-Discrimination. During the performance of this Agreement, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. Standard Agreement for Contract Services 2014.01 Page 6 of 8 17. Conflicts. No salaried officer or employee of the City and no member of the Council, or Commission, or Board of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the agreement void. 18. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 19. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 20. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 25. Waiver. No action nor failure to act by the City or the Contractor shall constitute a waiver of any right or duty afforded any of them under the Agreement, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 26. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between Standard Agreement for Contract Services 2014.01 Page 7 of 8 the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 27. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager CONTRACTOR By: Its: 1 Standard Agreement for Contract Services 2014.01 Page 8 of 8 Exhibit A Perform well inspection and rehabilitation for well 16, which will include all materials, supplies, and labor. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 14, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.E. Robert Ellis Resolution correcting Resolution No. 99-215, Public Works/Engineering Vacation of a portion of a drainage and utility easement located on Lot 11, Block 5, Edenvale 6th Addition(14215 Greenview Court). Requested Action Move to: Adopt a Resolution correcting Resolution No. 99-215, Vacation of a portion of a drainage and utility easement located on Lot 11, Block 5, Edenvale 6th Addition(14215 Greenview Court). Background Information On November 16, 1999 the City Council approved a request to vacate a portion of a drainage utility easement at 14215 Greenview Court. At that time, the city determined there was no current or future need for the easement area being proposed for vacation. As a result the resolution vacating the easement was adopted. However, the original resolution included an incorrect description of the portion of easement being vacated. It erroneously omitted vacating a 10' by 20' area in the southeasterly corner of the easement. The lot survey included in the 1999 Council agenda packet did correctly depict the area to be vacated. The City still finds that there is no current of future need for this 10' by 20' area proposed for vacation and would like to adopt a corrective resolution to complete the initial action taken in 1999. Attachments Corrective Resolution Original Resolution Letter of support from property owner CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2017- A RESOLUTION CORRECTING RESOLUTION NO. 99-215,VACATION OF A PORTION OF A DRAINAGE AND UTILITY EASEMENT LOCATED ON LOT 11, BLOCK 5 OF THE EDENVALE 6TH ADDITION WHEREAS,the City of Eden Prairie adopted Resolution 99-215 vacating a portion of a drainage and utility easement on Lot 11, Block 5 of the Edenvale 76th Addition; and WHEREAS,Resolution 99-215 incorrectly described the lot and portion of easement on the lot to be vacated as: That part of the drainage and utility easement platted on Lot 11, lock 5, Edenvale 6th Addition as filed in the Recording Offices of Hennepin County,Minnesota,described as the northeasterly 20 feet of the southwesterly 30 feet of said Lot 6, except the southeasterly 15 feet thereof. WHEREAS, the Lot Survey included with the City Council agenda packet for Resolution 99-215 correctly included an exhibit showing the drainage and utility easement area proposed for vacation; and WHEREAS, it was the intent of Resolution 99-215 to describe the portion of easement to be vacated that was consistent with the Lot Survey and correctly described as: That part of the drainage and utility easement platted on Lot 11, lock 5, Edenvale 6th Addition as filed in the Recording Offices of Hennepin County,Minnesota,described as the northeasterly 20 feet of the southwesterly 30 feet of said Lot 11, except the southeasterly 5 feet thereof. NOW THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: A. Resolution 99-215 is corrected to describe the portion of easement on the lot to be vacated as follows: That part of the drainage and utility easement platted on Lot 11,lock 5,Edenvale 6th Addition as filed in the Recording Offices of Hennepin County,Minnesota,described as the northeasterly 20 feet of the southwesterly 30 feet of said Lot 11, except the southeasterly 5 feet thereof. B. The City Clerk shall prepare a corrected Notice of Completion of Proceedings in accordance with M.S.A. 412.851. ADOPTED by the City Council on February 14, 2017. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: November 16, 1999 SECTION: Public Hearing _ SERVICE AREA/DIVISION: ITEM DESCRIPTION: Vacation 99-07 ITEM NO.: Engineering Services Request to Vacate Part of the Drainage and David Olson Utility Easement over Part of Lot 11,Block 5, // \I Edenvale 6th Addition (14215 Greenview Court) V `J Requested Action _ Move to: 1. Close the public hearing 2. Adopt the resolution vacating part of the drainage and utility easement over Lot 11,Block 5, Edenvale 6th Addition Synopsis The property owner has requested this vacation to enable an addition to the home and re- landscaping. City and County records have been researched and do not include any other conflicting easements or encumbrances to the City over the area requested to be vacated. The City has no current or future need for the easement area proposed for vacation. Attachments Vacation Drawings: 1. Lot Survey 2. Plat of Edenvale 6th Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. VACATION OF A DRAINAGE AND UTILITY EASEMENT OVER PART OF LOT 11,BLOCK 5 EDENVALE 6TH ADDITION WHEREAS, The City of Eden Prairie has a certain drainage and utility easement described as follows: That part of the drainage and utility easement platted on Lot 11, lock 5, Edenvale 6th Addition as filed in the Recording Offices of Hennepin County, Minnesota, described as the northeasterly 20 feet of the southwesterly 30 feet of said Lot 6, except the southeasterly 15 feet thereof. WHEREAS, a public hearing was held on November 16, 1999 after due notice was given to affected property owners and published in accordance with M.S.A. 412.851; WHEREAS, it has been determined that the said drainage and utility easement is not necessary and has no interest to the public, therefore, should be vacated. NOW, THEREFORE,BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said drainage and utility easement as above described is hereby vacated. 2. The City Clerk shall prepare a notice of completion of proceedings in accordance with M.S.A. 412.851. ADOPTED by the Eden Prairie City Council on November 16, 1999. Jean L. Harris, Mayor ATTEST: SEAL Kathleen A. Porta, City Clerk • . \ Ea s e w,er e a_ r e•d e c t . I .... ei.. . . 90/.0 • G1 4o be ` A • 70 • 9 a , ,�a. 00. Z 900.0.• `a 'A 6. . ,k / / 1. , \� 6 S3/..., ,�0,0• 90 S.o' ��� z L Z SO. 'a :5 - cp \ � b • It m 90a �'�\ \t0 �T \ in �ilier.511 7 \ N N .a 90/.0 ^ 5_QR Pp� _ /a� \, G \ 0 co N� - a ‘ 5 / A• x 899.6 •T►\ \ 9C2'/. ice+ 40.,J ,_-- e,f \ \-...---------- /„../ ./ - o .6• 1 . 0 32 •" s. 9 699.1 {• - a Deno7'e5 wood s7Loke. o De,'o/es iron monument. L000.o Denotes eX.)5 fin 9 e/evation. \ (000.o) Denotes proposed e/evafion• Denotes d/%-ecfion of surface di-o%n09e. Proposed f-op o� foundofion e/evofn io = 90,3.0 �.- \ Proposed goro e floor eleva7Von = 902.5 • - - Proposed /owe9 f Poor e/evofion =895.0 Bata -i.oP of Cosfinq,M.H. of Green View COUrt opposite PC. Lof5, Block.5, E/evofion =902.02 !. I hereby certify that this is a true and correct representation of a survey of the boundaries of: Lot 11 , Block 5, EDENVALE 6th ADDITION . And of the location of al]. buildings, if any thereon, and' all visible encroachments , if any, from or on said land . It also shows the location of the stakes as set fora proposed buildings . As surveyed by me this 7th day of December, 1976 . —_i 1 7 _j. xi//. - ' � . Thomas S . Bergc{uist ` Land Surveyor, Minn. Reg . No. 7725 • • SCALE i"-40' Cer fi'/i'cofe c/ Survey GOOK PAGE .,COR. . ikkAlli {,;_ McCOMBS-KNUTSON ASSOCIATES, INC. 93 43 E-C,KLU/YD/ SWEDLUND i f }i �%T CGNSUI TIXG ENGINEERS (ANO`SUA4EYGAS■SITE PUMAS FILE NO, � �'� MINNEAPOLIS.HUTCH}NSON and MARSHA LI..MINNESOTA 3225 • - -.• ____ F..... EDENVEALE 6TH ADDITION APRIL, 1973 ... EGAN, FIELD et NOWAK, INC. SCALE. 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'ter'l i'� r!i:,0- V'' '\ y„)a'I>� a:e • b� 1, 1,, r 'a, , a ^ °s / ,,,,.19 ?• 4? \ ' :.''�� .e,^ •, i• ,., ;.' „+ o tTeti :' l / a �r ; ey, S .a ati"q •y,t,y a.)'o Aj� etwx71 • ^� � y _ii 'f ` ` .F•. , =a\•l > \, 2i/rie:,-n•:aea•, ..' c4i i f O '. j••44i2/ 0,rv. 1' ), •,�` "-a • y 'Jt%a 7 ,. �e> y'te'4,"�. I t9 ,.AC.- > 7r'.D 7 • 8 el A-rr Z \ ^`y 1ti' c •L/ ',..,-,„,;id,, 8 r 60`ah� . ,a 5 ' \. ,sae '' / f r`. r7 .___-...-:0..•i--' . 4. b- .tt, 9 ',.^a3i'+]'~ • �S'' c•- ��•),i 't' 4 t ��° t /� erti tri <II 41. BEARINGS SHOWN ARE ASSUMED 4\\r( .'10 aj -, vs , L,-▪ -. o2 3 '�, tlo< i rS,,,e..��`:, . II *s _DENOTES IRON MONUMENT 90 _:1;1 rod Y�';r: , `�� :6 5 �1 ��,g: • > 1 i r, n17ti ', Dar 4 5 �,V •-T' )aee0 ,)...• • .. W j 4. 12 al C y \ ▪rt f .3 12 (Jt �,','J, 4• n 1 Do J .�i Sig )a' �l'S *:Jt?i, 8 8 1 ao 2 4 §',1°o j .�E \De h��„o ,�hFr !J +. <'y':rp• ...;- o E g• ,q','`i3 . . O �• er <I� " U ) r 13 t la Dt •` S e°.' ";t, ° SUNDIAL r ;' 14 . 15 31 - 3: ,;.,.i s:`ee'''` • `''e: p�i� Yo 17 16 �Ir 15 >e ft. L., -4 3/rr • +X t��0.:01_.-.--x J0 '.1 t.:d - "- J'°s11, yAi.,rie t. // CITY COUNCIL MINUTES November 16, 1999 Page 8 Butcher congratulated the architects on the changes made to the design. Thorfinnson agreed it is much improved. Case said he would vote for the project with the redesigned roof line, but cautioned the other Councilmembers that pitched roofs are not always best. They look different when viewed from above than they do when viewed at grade level. Motion carried 5-0. D. VACATION 99-07 DRAINAGE AND UTILITY EASEMENT OF EDENVALE 6TH,LOT 11,BLOCK 5 (Resolution No.99-215) Enger said official notice of this public hearing was published on November 4, 1999. The property owner has requested this vacation to enable an addition to the home and re-landscaping. City and County records have been researched and do not include any other conflicting easements or encumbrances to the City over the area requested to be vacated. The City has no current or future need for the easement that is proposed for vacation. Staff recommends approval. Mayor Harris asked if anyone wished to address the Council. No one did. MOTION: Tyra-Lukens moved, Butcher seconded, to close the public hearing; and adopt Resolution No. 99-215 vacating part of the drainage and utility easement over Lot 11,Block 5,Edenvale 6th Addition. Motion carried 5-0. E. SPECIAL ASSESSMENT HEARING (Resolution No. 99-216) Official notice of this public hearing was published on October 21, 1999. Al Gray, City Engineer, said each year the City Council holds a public hearing to consider levying the special assessments that have been identified over the previous 12 months. This year, the Council will address three projects and a list of supplemental assessments for such things as connection fees and trunk utility assessments. The first project is for utilities along Pioneer Trail from Bearpath west to Highview Drive. The second project is for storm sewer improvements on Fuller Road, and the third is for a high-occupancy vehicle lane and traffic control signal construction at Valley View Road and Highway I-494. The Pioneer Trail utility project was designed and constructed last year. The project was completed at slightly under budget from the original feasibility study. Two of the properties are owned by Richard Ingram and Theresa Miller, which are residential homestead properties that the City would ordinarily consider for deferment. Gray would recommend assessing them and then defer until such time as existing homes are connected to the utility system or developed. As part of the project, an easement was negotiated with Mr. Ingram, which included a commitment to provide two sewer services to the property. One has been To: City of Eden Prairie Attn Robert Ellis 8080 Mitchell Rd Eden Prairie MN 55344 January 27, 2017 To Whom it May Concern: On November 16, 1999, I requested the vacation of a drainage and utility easement across the rear of our property, Lot 11, Block 5, Edenvale 6th Addition. A vacation was approved by the City Council however,an error was made in the description for the vacated easement. As it was my intent to have the easement vacated I support the City's correction for the description of the vacated easement to read as follows: That part of the drainage and utility easement platted on Lot 11, Block 5 Edenvale 6th Addition as filed in the Recording Offices of Hennepin county Minnesota, described as the northeasterly 20 feet of the southwesterly 30 feet of said Lot 11, except the southeasterly 5 feet thereof. This correction of the description corresponds to the drawings on the certificate of survey upon which the vacation approval was made. Sincerely, Richard A Dorsey CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda February 14, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.F. Rick Wahlen Approve Standard Construction Contract with Insituform Technologies USA,LLC. for the Public Works/Utilities Inspection,Cleaning, &Rehabilitation of the Woodland Dr. - Sunshine Dr. Storm Sewer Pipeline Requested Action Move to: Approve Contract with Insituform Technologies USA, LLC for inspection, cleaning, and rehabilitation of the Woodland/Sunshine Dr. stormwater sewer in the amount of$98,626. Synopsis The storm sewer pipeline in the Woodland Drive / Sunshine Drive neighborhood requires rehabilitation due to the discovery of corrosion failures in the corrugated metal pipe wall. The method selected to rehabilitate the pipe inserts an epoxy-resin saturated liner that is expanded against the pipe wall and restores structural integrity to the pipeline. Background Information The storm sewer pipeline conveying surface water runoff in the neighborhood of Woodland Drive and Sunshine Drive was discovered to have a failure in the corrugated metal pipe wall this past summer when the road above the pipe developed a sunken spot. Utility and Street Division crews performed an emergency repair to the pipe and the street, however an inspection of the corrugated metal pipe system revealed the need for a complete pipe restoration of approximately 520 feet in length due to multiple pipe corrosion problem spots and failures. Quotes to repair the pipe using trenchless methods were obtained from three contractors and are tabulated below. QUOTE NUMBER CONTRACTOR PRICE 1 Quam Construction $94,370 2 Insituform Technologies USA $98,626 3 ECI $98,629 Although Quam Construction provided the least-cost proposal, staff recommends acceptance of the quote from Insituform Technologies USA, LLC. in the amount of$98,626 in the best interest of the city for the following reasons: 1) Insituform's estimated pipe life of 100 years is double the pipe life of the other two competitors. 2) The method used by Insituform, which is Cured In Place Pipe (CIPP), has been in continuous use for at least 20 years, has experienced several improvements in design and installation brought about by experience with the product in the field, and the proven track-record of this product compared to the relatively new product and installation method used by the other contractors is worth the extra $4,256 (or 4% of the project cost). 3) CIPP is normally twice the cost of what is being offered the City for this project. Market Value of CIPP repairs of pipe larger than 24-inches in diameter has been consistently between 50% and 100% greater than the price offered the City of Eden Prairie for this job. The value of Insituform's proposal for their CIPP product is an especially good deal for the City. 4) CIPP consists of a flexible woven fiberglass tube, similar in appearance to a very large large fire-hose that is impregnated with resin which cures when exposed to high temperature. The resin impregnated hose is pulled through the existing, damaged pipe, and then inflated with high-pressure, high-temperature steam which expands the hose up against the walls of the existing pipe. The resin adheres the hose to the pipe wall as it cures, and when it hardens, it creates a very smooth, durable and extremely strong, continuous pipe within the old pipe. The new pipe is structurally stronger than the old pipe. 5) Utilities Division is interested in trying and evaluating in the future the least-cost repair method provided by Quam Construction in order to validate its performance and life-span, but in lower-risk future stormwater pipe repairs that are not beneath city streets and residential front yards and driveways. That method uses a computer controlled spray-nozzle which passes back and forth through the center of the pipe, spraying a thick, plastic-cement onto the pipe walls as it moves. This is done repeatedly until a thick wall thickness is achieved with sufficient strength to support the old pipe and the soil-load above. This product may eventually prove to be as strong as CIPP,but it is still too-new for a history of performance to be known. 6) The RFP used for this project specifies that cost is only one factor to be considered in the evaluation of proposals. Funding for the project will be provided by the city's stormwater enterprise fund. Attachments • Attachment 1 —Contract • Attachment 2—RFP with Scope of Work • Attachment 3—Proposal • Attachment 4—Responsible Bidder Certificate Standard Construction Contract This Contract ("Contract") is made on the 14th day of February , 20 17 , between the City of Eden Prairie. Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Insituform Technologies USA, LLC. 1 a Missouri Limited Liability Company licensed to do work in Minnesota (hereinafter "Contractor") whose business address is 17988 Edison Avenue Chesterfield, MO 63005 . Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of services by Contractor for Rehabilitation of 520 Feet of the Woodland ❑r,/Sunshine Dr. 42-inch and 36-inch Storm Water Pipeline Using Cured-In-Place Pipe hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of WorklProposal. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. The terms of this Contract shall take precedence ❑ver any provisions of the Contractor's proposal and/or general conditions. 2. Time of Commencement and Completion. The Work to be performed under this Contract shall be commenced immediately after execution of this Contract. The Work shall be completed by June 1 .2017 . 3. Compensation for Services. City agrees to pay the Contractor a fixed sum of $ 98,626 as full and complete payment for the labor, materials and services rendered pursuant to this Contract and as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges. if any, due to the delay. 4. Method of Payment. The Contractor shall submit to the City, on a monthly basis, an itemized invoice for services performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. All goods and work not conforming to these requirements shall be considered defective. Goods shall be subject to inspection and testing by the City. Defective goods or goods not in current manufacture may be returned to the Contractor at the Contractor's expense. 8. Correction of Work. The Contractor shall promptly correct all Work rejected by the City as defective or as failing to conform under this Contract whether observed before or after completion of the Work and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work. 9. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City's written acceptance of the Work. The City's rights under the Contractor's warranty are not the City's exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity. Should any defects develop in the materials. workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY'S REMEDY OR THE CONTRACTOR'S LABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. The Contractor shall post bonds to secure the warranties. 10. Private Property. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the City, The Contractor shall be responsible for the preservation of, and shall use every precaution to prevent damage to all trees, shrubbery, plants, lawns, fences, culverts, bridges, pavements, driveways, sidewalks, etc.; all water, sewer and gas lines; all conduits; all overhead pole lines or appurtenances thereof; and all other public or private property along or adjacent to the work. 11. Removal of Construction Equipment, Tools and Supplies. At the termination of this Contract, before acceptance of the Work by the City, the Contractor shall remove all of Contractor's equipment, tools and supplies from the property of the City. Should the Contractor fail to remove such equipment, tools and supplies, the City shall have the right to remove them and deduct the cost of removal from any amount owed to Contractor. Standard Construction Contract 2015.07 Page 3 of I 1 In the event that the Contractor abandons the Work, fails or refuses to complete the Work or fails to pay just claims for labor or material, the City reserves the right to charge against the Contractor all legal, engineering, or other costs resulting from such abandonment, failure or refusal. Legal costs will include the City's cost of prosecuting or defending any suit in connection with such abandonment, failure or refusal, and non-payment of claims wherein the City is made co-defendant, and the Contractor agrees to pay all costs, including reasonable attorney's fees. 15. Contractor's Right to Terminate Contract. The Contractor may terminate this Contract upon ten (10) days written notice to the City for any of the following reasons: a. If an order of any court or other public authority caused the Work to be stopped or suspended for a period of 90 days through no act or fault of the Contractor or its employees. b_ If the City should fail to pay any undisputed sum owed Contractor within forty-five (45) days after the sum becomes due. 16. Performance and Payment Bonds. The Contractor shall post a Performance and Payment Bond each in an amount equal to one hundred percent (100%) of the payments due Contractor to insure the prompt and faithful performance of this Contract by Contractor and to insure prompt payment to the subcontractor and suppliers of the Contractor. The Bonds shall be in a form approved by the City. Contractor shall provide the Bond to the City before commencing work and together with the executed contract document. If the Performance and/or Payment Bond are not submitted as provided herein, this Contract shall be considered void_ [BONDS ARE REQUIRED FOR A CONSTRUCTION CONTRACT THAT IS $100,000 OR MORE; THEY ARE OPTIONAL FOR ANY CONTRACT THAT IS LESS THAN $100,0001 17. Subco_ntrator. The Contractor shall bind every subcontractor and every subcontractor shall agree to bey bound by the terms of this Contract as far as applicable to its work, unless specifically noted to the contrary in a subcontract approved in writing as adequate by the City. The Contractor shall pay any subcontractor involved in the performance of this Contract within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor If the Contractor fails within that time to pay the subcontractor any undisputed amount for which the Contractor has received payment by the City, the Contractor shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of$100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 18. Responsible Contractor Contractor warrants under oath that Contractor is in compliance with the minimum criteria required of a "responsible contractor" as that term is defined in Minnesota Statutes § 16C.285, subd. 3. Contractor has provided to City a list of all of its first-tier subcontractors and motor carriers that it intends to retain for work on the project The Contractor has obtained from all subcontractors and motor carriers with which it will have a direct Standard Construction Contract 2015.07 Page 5 of 11 b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General Liability $1,500,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for ail owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be an ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain "stop gap" coverage if Contractor obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. e. All policies, except the Worker's Compensation Policy, shall name the "City of Eden Prairie" as an additional insured on ISO forms CG 20 10 07 04 or CG 20 10 04 13; and CG 20 37 07 04 or CG 20 37 04 13, or their equivalent. f. All policies shall apply on a per project" basis. g. All polices shall contain a waiver of subrogation in favor of the City. h. All policies shall be primary and non-contributory. i. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Contract. Standard Construction Contract 2015.07 Page 7 of I 1 I. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City, 22. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 23. Qwnetship_of Documents. All plans, diagrams, analyses, reports and Information generated in connection with the performance of the Contract ("Information") shall become the property of the City, but Contractor may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Contractor also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Contract does not relieve any liability on the part of the Contractor, but any use of the Information by the City or the Contractor beyond the scope of this Contract is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 24. Non-discrimination. During the performance of this Contract, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq,, Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall Standard Construction Contract 2015.07 Page 9 of 1.1 34. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 35. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 36. Counterparts_ This Contract may be executed in multiple counterparts. each of which shall be considered an original. 37. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of Work to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the Work to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE ' dIn rnr City Manager CONTRACTOR INSITUFORM T I•JAI,OLOGIES USA, LLC ir By: ( ri L7A -) Its: Jana Lause, Contracting & Attesting Officer Standard Construction Contract 2015.07 Page 11 of 11 ,o.„ ,, EDEN PRAIRIE January 13, 2017 REQUEST FOR PROPOSAL WOODLAND/SUNSHINE DRIVE STORM WATER PIPELINE REHABILITATION The City of Eden Prairie Water Utility, Eden Prairie, MN, hereafter referred to as "City," is soliciting proposals for the cleaning, inspection, televising, and rehabilitation of the corrugated metal storm sewer pipeline located at Woodland Drive & Sunshine Drive, Eden Prairie, MN 55344. The City reserves the right to accept or reject any and all proposals. The City also reserves the right to retain all proposals submitted and use any ideas in a proposal regardless of whether that proposal is selected. This Request For Quotes (RFP) and the completed responses will serve as the basis for a Contract between the City and the successful proposer. There is no expressed or implied obligation for the City to reimburse responding Proposers for any expenses incurred in preparing proposals in response to this request. PROPOSAL SUBMISSION Proposers are required to send four (4) copies of the proposal to the City on or before 2:00 p.m., Monday, January 23rd, 2017. Each proposal must be clearly identified on the outside of an envelope and shall show the name and address of the proposer. If the proposal is sent by mail, the envelope shall contain the notation "Banking Services Proposal Enclosed" on the face thereof The proposals must be signed by an official authorized to bind the Proposer to its provisions. Proposals are to be sent to: Rick Wahlen, Manager City of Eden Prairie 14100 Technology Drive Eden Prairie, MN 55344 (952) 294-5908 rwahlen@edenprairie.org RESPONSIBLE CONTRACTOR LAW COMPLIANCE To be eligible to be awarded this contract, a proposer must be a"responsible contractor" as defined in Minnesota Statutes § 16C.285, subdivision 3. Any prime contractor, subcontractor, or motor carrier that does not meet the minimum criteria in Minn. Stat. § 16C.285, subd. 3, fails to verify compliance with any one of the required minimum criteria, or makes a false statement under oath verifying compliance is not a"responsible contractor" and is not eligible to be awarded a construction contract for the project or to perform work on the project. The proposer must comply with and submit the Responsible Contractor Verification attached hereto as Attachment A. PROPOSAL EVALUATION AND SELECTION CRITERIA A contract will be awarded to the proposer that best meets the needs of the City and it is in the best interest of the City to accept it. City staff will read, evaluate, interview (if determined necessary) and recommend to the City Council the award of the contract, if City Council approval is required. In evaluating the proposals, the following criteria may be used: • Responsiveness of the proposal. • The ability, capacity and skill of the Proposer to perform all required and desired services as stated in this RFP on a timely basis. • The Proposers prior experience with its proposed method of pipe rehabilitation • Approach in addressing the issues described in the Scope of Work • Experience and demonstrated proficiency of the proposed personnel relative to the Scope of Work of this RFP. • The reputation, financial stability, and longevity of the proposer. • Results of reference checks. • Completeness of the proposal. • Proposers job history in completing projects successfully, on-time and within budget. • Cost. • Interviews, if requested. Although cost is not the sole criterion in the selection, cost may be the determining factor if proposals are deemed to be otherwise equal in quality and value. The City of Eden Prairie reserves the right, to interview any of the proposers. Once a proposer has been selected and a Contract executed, the City will issue an order to proceed. A copy of the Contract form is attached as Attachment B. The Proposer shall not proceed with any work until the order to proceed has been issued. During the evaluation process, the City reserves the right, where it serves their best interest, to request additional information or clarifications from proposers or to allow corrections of errors or omissions. SCOPE OF WORK The work required of the contractor will include the following items: 1. Pipe Evaluation & Preparation - The work under this section shall include the televising of the pipe to ensure no additional problem areas have arisen since the initial televising report was performed, obtain accurate pipe dimensions and project length, cleaning of the pipe, and preparation of the pipe to receive the liner, which includes reshaping or removal of any pipe bulges or other protrusions which may snag or otherwise damage or impede the insertion of the liner. 2. Pipe Rehabilitation - The work under this section shall include the following acceptable methods of pipe restoration: a. Cured-In-Place-Pipe (CIPP) 1) The installation of approximately 130 linear feet of seamless 36-inch resin- saturated polyester felt tube in the city's corrugated metal storm sewer and curing it in place. 2) The installation of approximately 390 feet of seamless 42-inch CIPP. b. Spin-Cast Cementitious Structural Liner 1) The installation of approximately 130 linear feet of seamless cementitious structural liner in the 36-inch corrugated metal pipe. 2) The installation of approximately 390 feet of seamless cementitious structural liner in the 42-inch corrugated metal pipe. c. Slip-Lining 1) The installation of approximately 130 linear feet of smaller-diameter pipe to be inserted into the existing 36-inch corrugated metal pipe. Pipe size and material composition will be suggested by the contractor. If options exist, contractor will provide alternative pipe material and/or size as an alternate quote. 2) The installation of approximately 390 feet of pipe to be inserted into the existing 42-inch corrugated metal pipe. Pipe size and material composition will be suggested by the contractor. If options exist, contractor will provide alternative pipe material and/or size as an alternate quote. 3. Work that Could be Performed by the City — Contractors will show types of work incidental to the project that in the contractor's opinion could be performed by the city to minimize costs. Contractor will itemize these work activities and show the contractor's cost to perform these activities, listing them in tabular form as quote alternates. Upon review of the proposals and after discussion with the contractor, the City may elect to perform some or all of the items if doing so is in the best interest of the City. The work agreed to be performed by the City at the time of release of this RFP includes the following items: 1. Removal of the top slab at Manhole #9 to facilitate access to the storm water pipeline. 2. Cut-off the 12-inch pipe protruding into Manhole #9 flush with the manhole wall prior to commencement of the CIPP work. 3. Replacement of the top slab upon conclusion of the repair and restoration of the road surface. 4. Provide water for the project from a convenient fire hydrant. 5. Remove and dispose of any hazardous or toxic materials encountered in the pipeline. 6. Provide city-staff oversight of the project for questions that may arise during the execution of the repair. 7. Provide surface restoration that may be required in the project zone. ATTACHMENT A PRIME CONTRACTOR RESPONSE RESPONSIBLE CONTRACTOR VERIFICATION AND CERTIFICATION OF COMPLIANCE PROJECT TITLE: STORMWATER PIPE REHABILITATION, WOODLAND & SUNSHINE DRIVE This form includes changes by statutory references from the Laws of Minnesota 2015, chapter 64, sections 1-9. This form must be submitted with the response to this solicitation. A response received without this form,will be rejected. Minn. Stat. § 16C.285, Subd. 7. IMPLEMENTATION. ... any prime contractor or subcontractor or motor carrier that does not meet the minimum criteria in subdivision 3 or fails to verify that it meets those criteria is not a responsible contractor and is not eligible to be awarded a construction contract for the project or to perform work on the project... Minn. Stat. § 16C.285, Subd. 3. RESPONSIBLE CONTRACTOR, MINNIMUM CRITERIA. "Responsible contractor" means a contractor that conforms to the responsibility requirements in the solicitation document for its portion of the work on the project and verifies that it meets the following minimum criteria: (1) The Contractor: (i) is in compliance with workers' compensation and unemployment insurance requirements; (ii) is in compliance with Department of Revenue and Department of Employment and Economic Development registration requirements if it has employees; (iii) has a valid federal tax identification number or a valid Social Security number if an individual; and (iv) has filed a certificate of authority to transact business in Minnesota with the Secretary of State if a foreign corporation or cooperative. (2) The contractor or related entity is in compliance with and, during the three-year period before submitting the verification, has not violated section 177.24, 177.25, 177.41 to 177.44, 181.13, 181.14, or 181.722, and has not violated United States Code, title 29, sections 201 to 219, or United States Code, title 40, sections 3141 to 3148. For purposes of this clause, a violation occurs when a contractor or related entity: (i) repeatedly fails to pay statutorily required wages or penalties on one or more separate projects for a total underpayment of$25,000 or more within the three-year period, provided that a failure to pay is "repeated"only if it involves two or more separate and distinct occurrences of underpayment during the three-year period; (ii) has been issued an order to comply by the commissioner of Labor and Industry that has become final; (iii) has been issued at least two determination letters within the three-year period by the Department of Transportation finding an underpayment by the contractor or related entity to its own employees; (iv) has been found by the commissioner of Labor and Industry to have repeatedly or willfully violated any of the sections referenced in this clause pursuant to section 177.27; (v) has been issued a ruling or findings of underpayment by the administrator of the Wage and Hour Division of the United States Department of Labor that have become final or have been upheld by an administrative law judge or the Administrative Review Board; or (vi) has been found liable for underpayment of wages or penalties or misrepresenting a construction worker as an independent contractor in an action brought in a court having jurisdiction. Provided that, if the contractor or related entity contests a determination of underpayment by the Department of Transportation in a contested case proceeding, a violation does not occur until the contested case proceeding has concluded with a determination that the contractor or related entity underpaid wages or penalties;* (3) The contractor or related entity is in compliance with and, during the three-year period before submitting the verification, has not violated section 181.723 or chapter 326B. For purposes of this clause, a violation occurs when a contractor or related entity has been issued a final administrative or licensing order;* (4) The contractor or related entity has not, more than twice during the three-year period before submitting the verification, had a certificate of compliance under section 363A.36 revoked or suspended based on the provisions of section 363A.36, with the revocation or suspension becoming final because it was upheld by the Office of Administrative Hearings or was not appealed to the office;* (5) The contractor or related entity has not received a final determination assessing a monetary sanction from the Department of Administration or Transportation for failure to meet targeted group business, disadvantaged business enterprise, or veteran-owned business goals, due to a lack of good faith effort, more than once during the three-year period before submitting the verification;* * Any violations, suspensions, revocations, or sanctions, as defined in clauses (2)to (5), occurring prior to July 1, 2014, shall not be considered in determining whether a contractor or related entity meets the minimum criteria. (6) The contractor or related entity is not currently suspended or debarred by the federal government or the state of Minnesota or any of its departments, commissions, agencies, or political subdivisions that have authority to debar a contractor; and (7) All subcontractors and motor carriers that the contractor intends to use to perform project work have verified to the contractor through a signed statement under oath by an owner or officer that they meet the minimum criteria listed in clauses (1)to (6). Minn. Stat. § 16C.285, Subd. 5. SUBCONTRACTOR VERIFICATION. A prime contractor or subcontractor shall include in its verification of compliance under subdivision 4 a list of all of its first-tier subcontractors that it intends to retain for work on the project. Prior to execution of a construction contract, and as a condition precedent to the execution of a construction contract, the apparent successful prime contractor shall submit to the contracting authority a supplemental verification under oath confirming compliance with subdivision 3, clause (7). Each contractor or subcontractor shall obtain from all subcontractors with which it will have a direct contractual relationship a signed statement under oath by an owner or officer verifying that they meet all of the minimum criteria in subdivision 3 prior to execution of a construction contract with each subcontractor. If a prime contractor or any subcontractor retains additional subcontractors on the project after submitting its verification of compliance, the prime contractor or subcontractor shall obtain verifications of compliance from each additional subcontractor with which it has a direct contractual relationship and shall submit a supplemental verification confirming compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors. A prime contractor shall submit to the contracting authority upon request copies of the signed verifications of compliance from all subcontractors of any tier pursuant to subdivision 3, clause (7). A prime contractor and subcontractors shall not be responsible for the false statements of any subcontractor with which they do not have a direct contractual relationship. A prime contractor and subcontractors shall be responsible for false statements by their first-tier subcontractors with which they have a direct contractual relationship only if they accept the verification of compliance with actual knowledge that it contains a false statement. Subd. 5a. Motor carrier verification. A prime contractor or subcontractor shall obtain annually from all motor carriers with which it will have a direct contractual relationship a signed statement under oath by an owner or officer verifying that they meet all of the minimum criteria in subdivision 3 prior to execution of a construction contract with each motor carrier. A prime contractor or subcontractor shall require each such motor carrier to provide it with immediate written notification in the event that the motor carrier no longer meets one or more of the minimum criteria in subdivision 3 after submitting its annual verification. A motor carrier shall be ineligible to perform work on a project covered by this section if it does not meet all the minimum criteria in subdivision 3. Upon request, a prime contractor or subcontractor shall submit to the contracting authority the signed verifications of compliance from all motor carriers providing for-hire transportation of materials, equipment, or supplies for a project. Minn. Stat. § 16C.285, Subd. 4. VERIFICATION OF COMPLIANCE. A contractor responding to a solicitation document of a contracting authority shall submit to the contracting authority a signed statement under oath by an owner or officer verifying compliance with each of the minimum criteria in subdivision 3, with the exception of clause (7), at the time that it responds to the solicitation document. A contracting authority may accept a signed statement under oath as sufficient to demonstrate that a contractor is a responsible contractor and shall not be held liable for awarding a contract in reasonable reliance on that statement. A prime contractor, subcontractor, or motor carrier that fails to verify compliance with any one of the required minimum criteria or makes a false statement under oath in a verification of compliance shall be ineligible to be awarded a construction contract on the project for which the verification was submitted. A false statement under oath verifying compliance with any of the minimum criteria may result in termination of a construction contract that has already been awarded to a prime contractor or subcontractor or motor carrier that submits a false statement. A contracting authority shall not be liable for declining to award a contract or terminating a contract based on a reasonable determination that the contractor failed to verify compliance with the minimum criteria or falsely stated that it meets the minimum criteria. A verification of compliance need not be notarized. An electronic verification of compliance made and submitted as part of an electronic bid shall be an acceptable verification of compliance under this section provided that it contains an electronic signature as defined in section 325L.02, paragraph (h). CERTIFICATION By signing this document I certify that I am an owner or officer of the company, and I swear under oath that: 1) My company meets each of the Minimum Criteria to be a responsible contractor as defined herein and is in compliance with Minn. Stat. § 16C.285, 2) If my company is awarded a contract, I will submit Attachment A-1 prior to contract execution, and 3) if my company is awarded a contract, I will also submit Attachment A-2 as required. Authorized Signature of Owner or Officer: Printed Name: Title: Date: Company Name: NOTE: Minn. Stat. § 16C.285, Subd. 2, (c) If only one prime contractor responds to a solicitation document, a contracting authority may award a construction contract to the responding prime contractor even if the minimum criteria in subdivision 3 are not met. ATTACHMENT A-1 FIRST-TIER SUBCONTRACTORS LIST SUBMIT PRIOR TO EXECUTION OF A CONTRUCTION CONTRACT PROJECT TITLE: STORMWATER PIPE REHABILITIATION, WOODLAND & SUNSHINE DRIVE Minn.Stat.§16C.285,Subd.5. A prime contractor or subcontractor shall include in its verification of compliance under subdivision 4 a list of all of its first-tier subcontractors that it intends to retain for work on the project. Prior to execution of a construction contract,and as a condition precedent to the execution of a construction contract,the apparent successful prime contractor shall submit to the contracting authority a supplemental verification under oath confirming compliance with subdivision 3,clause(7).Each contractor or subcontractor shall obtain from all subcontractors with which it will have a direct contractual relationship a signed statement under oath by an owner or officer verifying that they meet all of the minimum criteria in subdivision 3 prior to execution of a construction contract with each subcontractor. FIRST TIER SUBCONTRACTOR NAMES* Name of city where company home (Legal name of company as registered with the Secretary of office is located State) *Attach additional sheets as needed for submission of all first-tier subcontractors. SUPPLEMENTAL CERTIFICATION FOR ATTACHMENT A-1 By signing this document I certify that I am an owner or officer of the company, and I swear under oath that: All first-tier subcontractors listed on attachment A-1 have verified through a signed statement under oath by an owner or officer that they meet the minimum criteria to be a responsible contractor as defined in Minn. Stat. § 16C.285. Authorized Signature of Owner or Officer: Printed Name: Title: Date: Company Name: ATTACHMENT A-2 ADDITIONAL SUBCONTRACTORS LIST PRIME CONTRACTOR TO SUBMIT AS SUBCONTRACTORS ARE ADDED TO THE PROJECT PROJECT TITLE: STORMWATER PIPE REHABILITATION, WOODLAND & SUNSHINE DRIVE This form must be submitted to the Project Manager or individual as identified in the solicitation document. Minn. Stat. § 16C.285, Subd. 5. ... If a prime contractor or any subcontractor retains additional subcontractors on the project after submitting its verification of compliance, the prime contractor or subcontractor shall obtain verifications of compliance from each additional subcontractor with which it has a direct contractual relationship and shall submit a supplemental verification confirming compliance with subdivision 3, clause(7),within 14 days of retaining the additional subcontractors. ... ADDITIONAL SUBCONTRACTOR NAMES Name of city where company (Legal name of company as registered with the Secretary of home office is located State) *Attach additional sheets as needed for submission of all additional subcontractors. SUPPLEMENTAL CERTIFICATION FOR ATTACHMENT A-2 By signing this document I certify that I am an owner or officer of the company, and I swear under oath that: All additional subcontractors listed on Attachment A-2 have verified through a signed statement under oath by an owner or officer that they meet the minimum criteria to be a responsible contractor as defined in Minn. Stat. § 16C.285. Authorized Signature of Owner or Officer: Printed Name: Page 8 of 20 Title: Date: Company Name: Page 9 of 20 ATTACHMENT B Standard Construction Contract This Contract ("Contract") is made on the day of , 20 , between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and a Minnesota (hereinafter "Contractor") whose business address is Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of services by Contractor for hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work/Proposal. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. The terms of this Contract shall take precedence over any provisions of the Contractor's proposal and/or general conditions. 2. Time of Commencement and Completion. The Work to be performed under this Contract shall be commenced immediately after execution of this Contract. The Work shall be completed by 3. Compensation for Services. City agrees to pay the Contractor a fixed sum of $ as full and complete payment for the labor, materials and services rendered pursuant to this Contract and as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. Page 10 of 20 4. Method of Payment. The Contractor shall submit to the City, on a monthly basis, an itemized invoice for services performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. a. Invoices. Contractor shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Contractor shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. Each invoice shall be accompanied by general lien waiver and further lien waivers from all subcontractors on the project waiving liens for work for which payment was requested by Contractor and paid for by City on the preceding invoice. b. Claims. To receive any payment on this Contract, pursuant to Minn. Stat. 471.38, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." c. Final Payment. Contractor's request for final payment shall be accompanied by Contractor's affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the City or its property might in any way be responsible, have been paid or otherwise satisfied. Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the City to the Contractor when the Work has been completed, the Contract fully performed, and the City accepts the Work in writing. The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of Application for Final Payment. d. Income Tax Withholding. No final payment shall be made to the Contractor until the Contractor has provided satisfactory evidence to the City that the Contractor and each of its subcontracts has complied with the provisions of Minn. Stat. Section 290.92 relating to withholding of income taxes upon wages. A certificate by the Commissioner of Revenue shall satisfy this requirement. 5. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Contract. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 6. Project Manager. The Contractor has designated to Manage the Work. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the designated manager without the approval of the City. Page 11 of 20 7. Condition and Inspection. All goods and other materials furnished under this Contract shall be new and in current manufacture, unless otherwise specified, and all goods and work shall be of good quality, free from faults and defects and in conformance with this Contract. All goods and work not conforming to these requirements shall be considered defective. Goods shall be subject to inspection and testing by the City. Defective goods or goods not in current manufacture may be returned to the Contractor at the Contractor's expense. 8. Correction of Work. The Contractor shall promptly correct all Work rejected by the City as defective or as failing to conform under this Contract whether observed before or after completion of the Work and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work. 9. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City's written acceptance of the Work. The City's rights under the Contractor's warranty are not the City's exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY'S REMEDY OR THE CONTRACTOR'S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. The Contractor shall post bonds to secure the warranties. 10. Private Property. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the City. The Contractor shall be responsible for the preservation of, and shall use every precaution to prevent damage to all trees, shrubbery, plants, lawns, fences, culverts, bridges, pavements, driveways, sidewalks, etc.; all water, sewer and gas lines; all conduits; all overhead pole lines or appurtenances thereof; and all other public or private property along or adjacent to the work. 11. Removal of Construction Equipment, Tools and Supplies. At the termination of this Contract, before acceptance of the Work by the City, the Contractor shall remove all of Contractor's equipment, tools and supplies from the property of the City. Should the Page 12 of 20 Contractor fail to remove such equipment, tools and supplies, the City shall have the right to remove them and deduct the cost of removal from any amount owed to Contractor. 12. Suspension of Work by City. The City may at any time suspend the Work, or any part thereof, by giving ten (10) days' notice to the Contractor in writing. The work shall be resumed by the Contractor within ten (10) days after the date fixed in the written notice from the City to the Contractor to resume. If the City's suspension of all or part of the Work causes additional expenses not due to the fault or negligence of the Contractor, the City shall reimburse the Contractor for the additional expense incurred due to suspension of the work. Claims for such compensation, with complete substantiating records, shall be filed with the City within ten (10) days after the date of order to resume Work in order to receive consideration. This paragraph shall not be construed as entitling the Contractor to compensation for delays due to inclement weather, failure to furnish additional surety or sureties specified herein, for suspension made at the request of the Contractor, or for any other delay provided for in this Contract. 13. City's Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract or fails to perform any provisions of the Contract, the City may, after ten (10) days written notice to the Contractor and without prejudice to any other remedy the City may have, make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payment then or thereafter due the Contractor the cost of correcting such deficiencies. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the City. 14. City's Right to Terminate Contract and Complete the Work. The City has the right to terminate this Contract for any of the following reasons: a. The Contractor is adjudged bankrupt, makes a general assignment for the benefit of creditors, or becomes insolvent; b. Failure of Contractor to supply adequate properly skilled workmen or proper materials; c. Failure of Contractor to make prompt payment to subcontractor for material or labor; d. Any disregard of laws, ordinances or proper instructions of the City; e. Assignment or work without permission of the City; f. Abandonment of the work by Contractor; g. Failure to meet the work progress schedule set forth in this Contract; h. Unnecessary delay which, in the judgment of the City, will result in the work not being completed in the prescribed time. Termination of the Contract shall be preceded by ten (10) days written notice by the City to the Contractor and its surety stating the grounds for termination and the measures, if any, which must be taken to assure compliance with the Contract. The Contract shall be terminated at the expiration of such ten (10) day period unless the City Council shall withdraw its notice of termination. Upon termination of the Contract by the City, the City may, without prejudice to any other remedy the City may have, take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever methods the City may deem expedient at the Contractor's expense. Upon Contract termination, the Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the contract price exceeds the expense of finishing the Work, including compensation for additional managerial and administrative Page 13 of 20 services, the excess shall be paid to the Contractor. If such expense exceeds the unpaid balance, the Contractor shall pay the difference to the City. In the event that the Contractor abandons the Work, fails or refuses to complete the Work or fails to pay just claims for labor or material, the City reserves the right to charge against the Contractor all legal, engineering, or other costs resulting from such abandonment, failure or refusal. Legal costs will include the City's cost of prosecuting or defending any suit in connection with such abandonment, failure or refusal, and non-payment of claims wherein the City is made co-defendant, and the Contractor agrees to pay all costs, including reasonable attorney's fees. 15. Contractor's Right to Terminate Contract. The Contractor may terminate this Contract upon ten (10) days written notice to the City for any of the following reasons: a. If an order of any court or other public authority caused the Work to be stopped or suspended for a period of 90 days through no act or fault of the Contractor or its employees. b. If the City should fail to pay any undisputed sum owed Contractor within forty-five (45) days after the sum becomes due. 16. Performance and Payment Bonds. The Contractor shall post a Performance and Payment Bond each in an amount equal to one hundred percent (100%) of the payments due Contractor to insure the prompt and faithful performance of this Contract by Contractor and to insure prompt payment to the subcontractor and suppliers of the Contractor. The Bonds shall be in a form approved by the City. Contractor shall provide the Bond to the City before commencing work and together with the executed contract document. If the Performance and/or Payment Bond are not submitted as provided herein, this Contract shall be considered void. [BONDS ARE REQUIRED FOR A CONSTRUCTION CONTRACT THAT IS $100,000 OR MORE; THEY ARE OPTIONAL FOR ANY CONTRACT THAT IS LESS THAN $100,000] 17. Subcontractor. The Contractor shall bind every subcontractor and every subcontractor shall agree to be bound by the terms of this Contract as far as applicable to its work, unless specifically noted to the contrary in a subcontract approved in writing as adequate by the City. The Contractor shall pay any subcontractor involved in the performance of this Contract within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. If the Contractor fails within that time to pay the subcontractor any undisputed amount for which the Contractor has received payment by the City, the Contractor shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 18. Responsible Contractor Contractor warrants under oath that Contractor is in compliance with the minimum criteria required of a "responsible contractor" as that term is defined in Minnesota Statutes § Page 14 of 20 16C.285, subd. 3. Contractor has provided to City a list of all of its first-tier subcontractors and motor carriers that it intends to retain for work on the project. The Contractor has obtained from all subcontractors and motor carriers with which it will have a direct contractual relationship a signed statement under oath by an owner or officer verifying that the subcontractor or motor carrier meets all of the minimum criteria in § 16C.285, subd. 3. If Contractor retains additional subcontractors or motor carriers on the project after submitting its verification of compliance, the Contractor shall obtain verification of compliance from each additional subcontractor and motor carrier with which it has a direct contractual relationship and shall submit to the City a supplemental verification confirming the subcontractor's and motor carrier's compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors or motor carriers. Contractor shall submit to the City upon request copies of the signed verifications of compliance from all subcontractors and motor carriers of any tier pursuant to Minn. Stat. § 16C.285, subd. 3(7). A false statement under oath, by Contractor, subcontractor, or motor carrier, verifying compliance with any of the minimum criteria may result in termination of the Contract. 19. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Contract, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 20. Notice. Required notices to the Contractor shall be in writing, and shall be either hand- delivered to the Contractor, its employees or agents, or mailed to the Contractor by certified mail at the following address: Notices to the City shall be in writing and shall be either hand-delivered or mailed to the City by certified mail at the following address: Rick Wahlen, Manager of Utilities City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Notices shall be deemed effective on the date of receipt. Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 21. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall Page 15 of 20 include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, required by law, or the insurance coverage actually obtained by Contractor, whichever is greater. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General Liability $1,500,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products — Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain "stop gap" coverage if Contractor obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. e. All policies, except the Worker's Compensation Policy, shall name the "City of Eden Prairie" as an additional insured on ISO forms CG 20 10 07 04 or CG 20 10 04 13; and CG 20 37 07 04 or CG 20 37 04 13, or their equivalent. f. All policies shall apply on a "per project" basis. g. All polices shall contain a waiver of subrogation in favor of the City. h. All policies shall be primary and non-contributory. Page 16 of 20 i. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Contract. j. Contractor agrees to maintain all coverage required herein throughout the term of the Contract and for a minimum of two (2) years following City's written acceptance of the Work. k. It shall be Contractor's responsibility to pay any retention or deductible for the coveraeges required herein. I. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days' prior notice to the City, except that if the cancellation or non- renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten (10) days' prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor's Work. Upon request a copy of the Contractor's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City's right to enforce the terms of Contractor's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor's Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. Page 17 of 20 If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 22. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 23. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Contract ("Information") shall become the property of the City, but Contractor may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Contractor also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Contract does not relieve any liability on the part of the Contractor, but any use of the Information by the City or the Contractor beyond the scope of this Contract is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 24. Non-Discrimination. During the performance of this Contract, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation Page 18 of 20 unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 26. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by the Contractor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Contract shall contain similar Data Practices Act compliance language. 27. Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 28. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. 29. Damages. In the event of a breach of the Contract by City, the Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 30. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. 31. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 32. Entire Agreement. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. Page 19 of 20 33. Waiver. No action nor failure to act by the City or the Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 34. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 35. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 36. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 37. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of Work to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the Work to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager CONTRACTOR By: Its: Page 20 of 20 insituform Birch Lake Blvd. N Tel: (651)253-0236 White Bear Lake, MN 55110 Fax: (651)344-0806 Technologies USA, LLC www.insituform.com January 18th, 2017 Rick Wahlen City of Eden Prairie, MN City Center 8080 Mitchell Road Eden Prairie, MN 55344 RE: Insituform®Rehabilitation Estimate of 520 LF 36"/42" CIPP Eden Prairie, MN Dear Mr. Wahlen, Insituform Technologies USA,LLC. (ITUSA) is pleased to submit to you this estimate for the rehabilitation of 520 LF of 36"/42" CIPP. Over the past 35 years, ITI has rehabilitated over 75 million feet of sewer and drainage piping worldwide. The Insituform®process consists of installing a specifically designed resin saturated polyester felt tube into the exiting sewer and curing it in place. The result is a seamless,jointless durable composite pipe within the old pipe, improving its structure and minimizing leakage. The piping is returned to service in a fraction of the time required by conventional methods. As a result, the Insituform®process is faster, cleaner, safer, and performed at less cost than other repair alternatives. Following is a cost estimate for installation of approximately 520 LF of 36"/42" CIPP. Insituform® Cured-in-Place Pipe designed as a fully structural pipe once installed. Bid Item,er Does . 2112=ME Measure Quanti Bid Price Total 1 Mobilization LS 1 $ 1,300.00 $ 1,300.00 2 Cleanbag for CIPP LF 520 $ 11.00 $ 5,720.00 3 36"Culvert for CIPP LF 130 $ 188.00 $ 24,440.00 4 42"Culvert for CIPP LF 390 $ 171.00 $ 66,690.00 5 Payment and Performance Bond EA 1 $ 476.00 $ 476.00 TOTAL $ 98,626.00 Exclusions/Work by City: • City will remove top slab at MH# 9 and cut the 12"pipe protruding into this MH flush with the wall prior to CIPP install. • Restoration and replacement of this top slab will be completed by the City. This proposal serves as an estimate for completion of the work and can be adjusted to take into consideration any unforeseen circumstances that may arise. Final invoicing for the project will be adjusted accordingly utilizing actual time, labor, and equipment portal to portal from approved time sheets. Therefore,by agreeing to this proposal as written, if for unforeseen reasons the actual install time requires additional days of labor, City of Eden Prairie agrees to pay the per day cost of additional labor. SCOPE OF WORK& DESIGN CONSIDERATIONS The scope of work includes installation of approximately 520 LF of 36"/42" CIPP. The CIPP pipe designs are based on information provided by the customer and should be verified by the customer prior to proceeding with this project. Should any other conditions, existing or expected in the field, over the design life of the Insitupipe differ from the information based herein, then the appropriate adjustments should be made to the design calculations, along with the appropriate price adjustment. Description Field Condition Nominal Pipe Diameter: 36"/42"round Operating Temperature: Less than 100 degrees Effluent Type: Storm Number of Service Connections: N.A. Soil Depth over Invert: 8' - 18' Reason for Rehabilitation: Fully deteriorated, infiltration PROPOSAL INCLUSIONS • Certificate of Insurance with standard coverage (see attached) • One mobilization and demobilization • Final cleaning of loose debris from the piping prior to installation • As-built video inspection and CD • Standard PPE for installation crew • Standard one-year warranty PROPOSAL EXCLUSIONS The prices stated in this proposal do not include the following items. If provided by Contractor, the cost will be charged as extras; otherwise Owner will furnish these items at no cost to Contractor: • Special Insurance such as OCP, Builders Risk • Water from a fire hydrant or other high volume source within a convenient distance • Removal and disposal of any hazardous or toxic materials encountered • Any holiday work, nighttime work, rush delivery or adverse weather work LIMITED WARRANTY IN LIEU OF ALL OTHER EXPRESSED, IMPLIED AND/OR STATUTORY. WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, CONTRACTOR AGREES TO CORRECT ANY DEFECTS IN THE MATERIALS OR SERVICES PROVIDED BY CONTRACTOR WHICH ARE BROUGHT TO THE ATTENTION OF CONTRACTOR WITHIN ONE YEAR FOLLOWING COMPLETION OF CONTRACTOR'S WORK, PROVIDED OWNER AFFORDS CONTRACTOR SUITABLE ACCESS AND WORKING CONDITIONS TO ACCOMPLISH SUCH CORRECTION. STANDARD TERMS and CONDITIONS Removal, transporting, and disposal of any hazardous or toxic materials encountered during the project will be the responsibility of the Owner. All labor, equipment, material, supervision, and mobilization necessary to complete the Insituform®process per the above conditions, and Insituform® specifications, are included. Any restrictions in our normal weekday work hours required by local, state, and/or federal authorities (due to noise restrictions or other reasons not known at the time of this proposal) will be an extra charge. MUTUAL RELEASE OF CONSEQUENTIAL DAMAGES Neither party shall be liable to the other for consequential damages relating to or arising out of the Contract. PAYMENT TERMS • Payment due in full due within thirty days of completion of the project, no retainage to be held • Prices stated are in effect for sixty days (60) from the date of this proposal We appreciate your interest in the Insituform process and giving us the opportunity to quote on your pipe rehabilitation needs which will protect your investment as well as the environment. Should you desire additional information please feel free to give me a call at 651-253-0236. Sincerely, INSITUFORM TECHNOLOGIES USA, LLC. Mitchell Hoeft, P.E., Business Development Manager ************************************************************* Accepted: City of Eden Prairie,MN Signed: Date: Printed Name/Title: Is this Project Tax Exempt? If Yes,please provide Tax Exemption Form and, where applicable, Project Exemption Form. Does this Project require Certified Payroll? Are there wage rates? if yes,please provide a copy of the wage rates. This accepted proposal constitutes a formal agreement. If you initiate a purchase order or other contract document it shall not be acknowledged without this accepted proposal as an attachment. Accepted By: Insituform Technologies USA, LLC. By: Date: ATTACHMENT A PRIME CONTRACTOR RESPONSE RESPONSIBLE CONTRACTOR VERIFICATION AND CERTIFICATION OF COMPLIANCE I` PROJECT TITLE: STORMWATER PIPE REHABILITATION,WOODLAND &SUNSHINE DRIVE This form includes changes by statutory references from the Laws of Minnesota 2015,chapter 64,sections 1-9. This form must be submitted with the response to this solicitation. A response received without this form,will be rejected. Minn. Stat. § 16C.285, Subd, 7. IMPLEMENTATION. ... any prime contractor or subcontractor or motor carrier that does not meet the minimum criteria in subdivision 3 or fails to verify that it meets those criteria is not a responsible contractor and is not eligible to be awarded a construction contract for the project or to perform work on the project... Minn. Stat. § 16C.285, Subd. 3_ RESPONSIBLE CONTRACTOR, MINNIMUM CRITERIA. "Responsible contractor means a contractor that conforms to the responsibility requirements in the solicitation document for its portion of the work on the project and verifies that it meets the following minimum criteria: (1) The Contractor: (i) is in compliance with workers'compensation and unemployment insurance requirements; (ii) is in compliance with Department of Revenue and Department of Employment and Economic Development registration requirements if it has employees; (iii) has a valid federal tax identification number or a valid Social Security number if an individual; and (iv) has filed a certificate of authority to transact business in Minnesota with the Secretary of State if a foreign corporation or cooperative. (2) The contractor or related entity is in compliance with and, during the three-year period before submitting the verification, has not violated section 177.24, 177.25, 177.41 to 177,44, 181.13, 181.14, or 181.722, and has not violated United States Code, title 29, sections 201 to 219, or United States Code, title 40, sections 3141 to 3148. For purposes of this clause, a violation occurs when a contractor or related entity: (i) repeatedly fails to pay statutorily required wages or penalties on one or more separate projects for a total underpayment of$25,000 or more within the three-year period, provided that a failure to pay is "repeated"only if it involves two or more separate and distinct occurrences of underpayment during the three-year period; (ii) has been issued an order to comply by the commissioner of Labor and Industry that has become final; (iii) has been issued at least two determination letters within the three-year period by the Department of Transportation finding an underpayment by the contractor or related entity to its own employees; (iv) has been found by the commissioner of Labor and Industry to have repeatedly or willfully violated any of the sections referenced in this clause pursuant to section 177.27; (v)has been issued a ruling or findings of underpayment by the administrator of the Wage and Hour Division of the United States Department of Labor that have become final or have been upheld by an administrative law judge or the Administrative Review Board; or (vi) has been found liable for underpayment of wages or penalties or misrepresenting a construction worker as an independent contractor in an action brought in a court having jurisdiction. Provided that, if the contractor or related entity contests a determination of underpayment by the Department of Transportation in a contested case proceeding, a violation does not occur until the contested case proceeding has concluded with a determination that the contractor or related entity underpaid wages or penalties;* li (3) The contractor or related entity is in compliance with and, during the three-year period before submitting the verification, has not violated section 181.723 or chapter 326B. For purposes of this clause, a violation occurs when a contractor or related entity has been issued a final administrative or licensing order;* (4) The contractor or related entity has not, more than twice during the three-year period before submitting the verification, had a certificate of compliance under section 363A.36 revoked or suspended based on the provisions of section 363A.36,with the revocation or suspension becoming final because it was upheld by the Office of Administrative Hearings or was not appealed to the office;* (5) The contractor or related entity has not received a final determination assessing a monetary sanction from the Department of Administration or Transportation for failure to meet targeted group business, disadvantaged business enterprise, or veteran-owned business goals, due to a lack of good faith effort, more than once during the three-year period before submitting the verification;* * Any violations, suspensions, revocations, or sanctions, as defined in clauses (2) to(5), occurring prior to July 1, 2014, shall not be considered in determining whether a contractor or related entity meets the minimum criteria. (6) The contractor or related entity is not currently suspended or debarred by the federal government or the state of Minnesota or any of its departments, commissions, agencies, or political subdivisions that have authority to debar a contractor; and (7) All subcontractors and motor carriers that the contractor intends to use to perform project work have verified to the contractor through a signed statement under oath by an owner or officer that they meet the minimum criteria listed in clauses (1) to(6). Minn. Stat. § 16C.285, Subd. 5. SUBCONTRACTOR VERIFICATION. A prime contractor or subcontractor shall include in its verification of compliance under subdivision 4 a list of all of its first-tier subcontractors that it intends to retain for work on the project. Prior to execution of a construction contract, and as a condition precedent to the execution of a construction contract, the apparent successful prime contractor shall submit to the contracting authority a supplemental verification under oath confirming compliance with subdivision 3, clause(7). Each contractor or subcontractor shall obtain from all subcontractors with which it will have a direct contractual relationship a signed statement under oath by an owner or officer verifying that they meet all of the minimum criteria in subdivision 3 prior to execution of a construction contract with each subcontractor. If a prime contractor or any subcontractor retains additional subcontractors on the project after submitting its verification of compliance, the prime contractor or subcontractor shall obtain verifications of compliance from each additional subcontractor with which it has a direct contractual relationship and shall submit a supplemental verification confirming compliance with subdivision 3, clause(7), within 14 days of retaining the additional subcontractors. A prime contractor shall submit to the contracting authority upon request copies of the signed verifications of compliance from all subcontractors of any tier pursuant to subdivision 3, clause (7). A prime contractor and subcontractors shall not be responsible for the false statements of any subcontractor with which they do not have a direct contractual relationship. A prime contractor and subcontractors shall be responsible for false statements by their first-tier subcontractors with which they have a direct contractual relationship only if they accept the verification of compliance with actual knowledge that it contains a false statement. Subd. 5a. Motor carrier verification.A prime contractor or subcontractor shall obtain annually from all motor carriers with which it will have a direct contractual relationship a signed statement under oath by an owner or officer verifying that they meet all of the minimum criteria in subdivision 3 prior to execution of a construction contract with each motor carrier. A prime contractor or subcontractor shall require each such motor carrier to provide it with immediate written notification in the event that the motor carrier no longer meets one or more of the minimum criteria in subdivision 3 after submitting its annual verification. A motor carrier shall be ineligible to perform work on a project covered by this section if it does not meet all the minimum criteria in subdivision 3. Upon request, a prime contractor or subcontractor shall submit to the contracting authority the signed verifications of compliance from all motor carriers providing for-hire transportation of materials, equipment, or supplies for a project. Minn.Stat. § 16C.285, Subd. 4. VERIFICATION OF COMPLIANCE, A contractor responding to a solicitation document of a contracting authority shall submit to the contracting authority a signed statement under oath by an owner or officer verifying compliance with each of the minimum criteria in subdivision 3, with the exception of clause (7), at the time that it responds to the solicitation document. A contracting authority may accept a signed statement under oath as sufficient to demonstrate that a contractor is a responsible contractor and shall not be held liable for awarding a contract in reasonable reliance on that statement. A prime contractor, subcontractor, or motor carrier that fails to verify compliance with any one of the required minimum criteria or makes a false statement under oath in a verification of compliance shall be ineligible to be awarded a construction contract on the project for which the verification was submitted. A false statement under oath verifying compliance with any of the minimum criteria may result in termination of a construction contract that has already been awarded to a prime contractor or subcontractor or motor carrier that submits a false statement.A contracting authority shall not be liable for declining to award a contract or terminating a contract based on a reasonable determination that the contractor failed to verify compliance with the minimum criteria or falsely stated that it meets the minimum criteria. A verification of compliance need not be notarized.An electronic verification of compliance made and submitted as part of an electronic bid shall be an acceptable verification of compliance under this section provided that it contains an electronic signature as defined in section 325L.02, paragraph (h). CERTIFICATION By signing this document I certify that I am an owner or officer of the company, and I swear under oath that: 1) My company meets each of the Minimum Criteria to be a responsible contractor as defined herein and is in compliance with Minn.Stat.§16C.285, 2) If my company is awarded a contract, I will submit Attachment A-1 prior to contract execution, and 3) if my company is awarded a contract,I will also submit Attachment A-2 as required. Authorized Signathre qt Ol►vner or Officer: Printed Name: N `1ViriP Jana Lause Title: Date: Contracting &Attesting Officer February 14, 2017 Company Name: Insituform Technologies USA, LLC NOTE: Minn. Stat. § 16C.285, Subd. 2, (c) If only one prime contractor responds to a solicitation document, a contracting authority may award a construction contract to the responding prime contractor even if the minimum criteria in subdivision 3 are not met. ATTACHMENT A-1 FIRST-TIER SUBCONTRACTORS LIST SUBMIT PRIOR TO EXECUTION OF A CONTRUCTION CONTRACT PROJECT TITLE: STORMWATER PIPE REHABILITIATION,WOODLAND & SUNSHINE DRIVE Minn,Stat.§16C.285,Subd.5. A prime contractor or subcontractor shall include in its verification of compliance under subdivision 4 a list of all of its first-tier subcontractors that it intends to retain for work on the project. Prior to execution of a construction contract,and as a condition precedent to the execution of a construction contract,the apparent successful prime contractor shall submit to the contracting authority a supplemental verification under oath confirming compliance with subdivision 3,clause(7).Each contractor or subcontractor shall obtain from all subcontractors with which it will have a direct contractual relationship a signed statement under oath by an owner or officer verifying that they meet all of the minimum criteria in subdivision 3 prior to execution of a construction contract with each subcontractor. FIRST TIER SUBCONTRACTOR NAMES* Name of city where company home (Legal name of company as registered with the Secretary of office is located State) Ritter and Ritter,Inc. Aitkin,MN *Attach additional sheets as needed for submission of all first-tier subcontractors. SUPPLEMENTAL CERTIFICATION FOR ATTACHMENT A-1 By signing this document I certify that I am an owner or officer of the company,and I swear under oath that: All first-tier subcontractors listed on attachment A-1 have verified through a signed statement under oath by an owner or officer that they meet the minimum criteria to be a responsible contractor as defined in Minn.Stat. § 16C.285. Aut or zed Sicf Qat r`e of Owner or Officer: Printed Name: Jana Lause Title: Date: Contracting &Attesting Officer February 14, 2017 Company Name: Insituform Technologies USA, LLC ATTACHMENT A-2 ADDITIONAL SUBCONTRACTORS LIST PRIME CONTRACTOR TO SUBMIT AS SUBCONTRACTORS ARE ADDED TO THE PROJECT PROJECT TITLE: STORMWATER PIPE REHABILITATION,WOODLAND & SUNSHINE DRIVE This form must be submitted to the Project Manager or individual as identified in the solicitation document. Minn.Stat.§ 16C.285, Subd.5. ... If a prime contractor or any subcontractor retains additional subcontractors on the project after submitting its verification of compliance,the prime contractor or subcontractor shall obtain verifications of compliance from each additional subcontractor with which it has a direct contractual relationship and shall submit a supplemental verification confirming compliance with subdivision 3,clause(7),within 14 days of retaining the additional subcontractors.... ADDITIONAL SUBCONTRACTOR NAMES Name of city where company (Legal name of company as registered with the Secretary of home office is located State) *Attach additional sheets as needed for submission of all additional subcontractors. SUPPLEMENTAL CERTIFICATION FOR ATTACHMENT A-2 By signing this document I certify that I am an owner or officer of the company, and I swear under oath that: All additional subcontractors listed on Attachment A-2 have verified through a signed statement under oath by an owner or officer that they meet the minimum criteria to be a responsible contractor as defined in Minn.Stat. ; § 16C.285. Auth?r121(1, Signaturbl Owner or Officer: Printed Name: - d. xx_s_.. _. Jana Lause Page 8 of 20 Title: Date: Contracting &Attesting Officer February 14, 2017 Company Name: Insituform Technologies USA, LLC Page 9 of 20 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 14, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: #16-5961 ITEM NO.: VIII.G. Randy Newton Resolution Approving Cooperative Agreement Public Works/Engineering with Hennepin County for the construction of a trail on Valley View Road from 9977 Valley View Road to Washington Avenue South Requested Action Move to: Adopt resolution approving Cooperative Agreement No. PW 41-49-16 with Hennepin County for the construction of a trail on Valley View Road from 9977 Valley View Road to Washington Avenue South. Synopsis This Agreement provides for$100,000 in cost participation from Hennepin County towards the Valley View Road trail improvements in the Golden Triangle. The agreement is consistent with other similar agreements that have been previously approved with Hennepin County. Background The Valley View Road trail improvements include the construction of new trail facility on the south side of Valley View Road between 9977 Valley View Road and Washington Avenue South. Plans and specifications for the project are currently being developed. Construction of the project is planned to occur in 2017 Attachments • Resolution • Hennepin County Agreement No. 41-49-16 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2017- APPROVE COOPERATIVE AGREEMENT WITH HENNEPIN COUNTY FOR VALLEY VIEW ROAD TRAIL IMPROVEMENTS I.C. 16-5961 WHEREAS, the City of Eden Prairie is preparing construction plans for the construction of a trail along Valley View Road from 9977 Valley View Road to Washington Avenue South; and WHEREAS, the City of Eden Prairie requested and was selected for up to $100,000 in capital assistance for the project through the Hennepin County Bikeway Participation Program; and WHEREAS, a Cooperative Agreement has been prepared by Hennepin County which identifies the cost participation, construction, and maintenance responsibilities for the proposed trail. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that said Construction Cooperative Agreement No. PW 41-49-16 for County Project No. 1633 (City Project 16-5961) is hereby approved and the Mayor and City Manager are authorized to execute the Agreement on behalf of the City of Eden Prairie. ADOPTED by the Eden Prairie City Council on February 14, 2017. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk Agreement No. PW 41-49-16 County Project No. 1633 City of Eden Prairie County of Hennepin COOPERATIVE AGREEMENT THIS AGREEMENT,made and entered into this day of , 20 by and between the County of Hennepin, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County", and the City of Eden Prairie, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City". WITNESSETH: WHEREAS,the City is proposing to construct an off-street multiuse trail to close a 0.35 mile trail gap along the south side of Valley View Road from 9977 Valley View Road to Washington Avenue South, as shown on the plans the City Project Number (County Project Number 1633), hereinafter referred to as the "Project"; and WHEREAS,the City or its agents shall be responsible to develop the plans and specifications for the Project; and WHEREAS,the City has requested that the County approve said plans and specifications, and the County has indicated its willingness to approve said plans and specifications; and WHEREAS, the City or its agents shall be responsible for administering construction of the Project and has adequate personnel available to perform the construction staking, testing, inspection and development of as-built plans required on the Project; and WHEREAS,the Project is eligible for participation under Hennepin County's bikeway cost participation policy; and WHEREAS,the County will participate in its share of the costs to construct said off-street multiuse trail along the south side of Valley View Road in Eden Prairie as set forth herein; and WHEREAS, it is contemplated that said work be carried out by the parties hereto under the provisions of Minnesota Statutes, Section 162.17, Subdivision 1 and Section 471.59. NOW THEREFORE, IT IS HEREBY AGREED: - 1 - ` ,,_ Agreement No. PW 41-49-16 C.P. 1633 I The City or its agents shall prepare the necessary plans, specifications, and proposal; obtain approval of said plans and specifications from the County; advertise for bids for the work and construction; receive and open bids pursuant to said advertisement; enter into a contract with the successful bidder at the unit prices specified in the bid of such bidder; administer the contract; and, perform the required engineering and inspection; all in accordance with said plans and specifications. The contract shall include the plans and specifications prepared by the City or its agents and approved by the County. Said plans and specifications shall conform to Minnesota Department of Transportation(MnDOT) Design Standards applicable to County State Aid Highways and to the requirements of the Americans with Disabilities Act(ADA). Attached is a copy of the MnDOT ADA Compliance Checklist (Curb Ramp) form. The City or its agents shall complete said form for each curb ramp constructed as part of the Project and return to the County. The City understands and agrees that payment will not be made by the County until all required ADA certification forms have been received and verified by the County. II Prior to beginning construction, the City shall furnish the County with two (2) complete sets of County approved plans and specifications for said Project. Upon completion of the Project, the City or its agents shall furnish the County with a complete set of as-built plans certified as to their accuracy by the City's Project engineer. Said as-designed plans, specifications and as-built plans for the Project shall be furnished by the City at no cost to the County. III The City or its agents shall administer the construction contract and perform all required engineering, inspection and testing. All construction and materials sampling and testing for the Project shall be accomplished in accordance with all applicable standards and requirements of the Minnesota Department of Transportation's (MnDOT) State Aid for Local Transportation Division in effect at the time of Contract award. The City shall also obtain, and comply with, any and all permits and approvals required from other governmental or regulatory agencies to accomplish the Project. Said permits and approvals shall be obtained prior to the start of any construction and made available to the County upon request. It is understood and agreed by the City that construction of the Project shall be completed to the satisfaction of the County within three years of the date this agreement has been signed by the parties hereto. - 2 - Agreement No. PW 41-49-16 C.P. 1633 IV The construction of this Project shall be under the supervision and direction of the City's engineer or designated representative. All work for the Project shall be completed in compliance with the County approved plans and specifications. The County Highway Engineer and representative staff shall have the right, as the work progresses, to enter upon the premises to make any inspections deemed necessary and shall cooperate with the City's engineer and staff at their request to the extent necessary. The County agrees that the City may make changes in the above referenced approved plans or in the character of said contract construction which are reasonably necessary to cause said construction to be in all things performed and completed in a satisfactory manner. It is further agreed by the County that the City may enter into any change orders or supplemental agreements with the City's contractor for the performance of any additional construction or construction occasioned by any necessary, advantageous or desirable changes in plans, within the original scope of the Project. The City shall obtain the approval of the County Highway Engineer or designated representative on said change orders or supplemental agreements. The County will respond to the City's request for approvals within seven (7) calendar days. V The City or its agents shall acquire all additional right of way, permits and/or easements required for the construction of said Project, at no cost to the County. VI The County will participate in the construction and engineering costs to construct said off-street multiuse trail to along the south side of Valley View Road as provided herein. The County's cost participation share in the construction and engineering costs for the Project shall be fifty (50)percent. The City understands and agrees that the County's total cost participation for the Project shall not exceed One Hundred Thousand Dollars and No Cents ($100,000.00) without an amendment to this Agreement. Upon completion of the Project the City shall notify the County and submit an invoice for one hundred percent (100%) of the County's share of the costs for the Project. Upon approval of the completed Project by the County Highway Engineer or designated representative, the County shall reimburse the City for its share of the costs for the Project. The City shall submit invoices to Mr. Robert Byers, Senior Professional Engineer or his successor at the Hennepin County Transportation Department, 1600 Prairie Drive, Medina, MN, 55340-5421. - 3 - Agreement No. PW 41-49-16 C.P. 1633 The County will within forty five (45) days of said invoice, deposit with the City funds totaling the amount of said invoice. VIII It is understood and agreed by the parties hereto that upon completion of the Project, the off- street multiuse trail along the south side of Valley View Road included in the Project shall be maintained by the City and all maintenance, restoration or repair required thereafter shall be performed by the City at no expense to the County. IX All records kept by the City and the County with respect to the Project shall be subject to examination by the representatives of each party hereto. X Each party agrees that it will be responsible for its own acts and the results thereof, to the extent authorized by the law, and shall not be responsible for the acts of the other party and the results thereof. The County's and the City's liability is governed by the provisions of Minnesota Statutes, Chapter 466. The County and the City each warrant that they are able to comply with the aforementioned indemnity requirements through an insurance or self-insurance program. XI The City agrees to defend, indemnify and hold harmless the County, its officials, officers, agents, volunteers and employees, from any liabilities, claims, causes of action,judgments, damages, losses, costs or expenses, including, reasonable attorneys' fees, resulting directly or indirectly from any act or omission of the City, its contractors, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable for related to the ownership, maintenance, existence, restoration,repair or replacement of the improvements constructed as part of the Project. The City's liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 or other applicable law. The County agrees to defend, indemnify, and hold harmless the City, its officials, officers, agents, volunteers, and employees from any liability, claims, causes of action,judgments, damages, losses, costs, or expenses, including reasonable attorneys' fees, resulting directly or indirectly from any act or omission of the County, its contractors,anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable related to the ownership, maintenance, existence, restoration,repair or replacement of the improvements constructed as part of the Project. The County's liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 or other applicable law. - 4 - Agreement No. PW 41-49-16 C.P. 1633 XII The City also agrees that any contract let by the City or its agents for the performance of the work on the Project as provided herein shall include clauses that will: 1) Require the Contractor to defend, indemnify, and hold the County, its officials, officers, agents and employees harmless from any liability, causes of action,judgments, damages, losses, costs or expenses including, without limitation, reasonable attorneys' fees, arising out of or by reason of the acts and/or omissions of the said Contractor, its officers, employees, agents or subcontractors; 2) Require the Contractor to be an independent contractor for the purposes of completing the work provided for in this Agreement; and 3) Require the Contractor to provide and maintain insurance in accordance with the following: 1. Commercial General Liability on an occurrence basis with Contractual Liability and Explosion, Collapse and Underground Property Damage (XCU)Liability coverages: Limits 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 Hennepin County,shall be named as an additional insured for the Commercial General Liability coverage with respect to operations covered under this Agreement. 2. Automobile Liability: Combined Single limit each occurrence coverage or the equivalent covering owned, non-owned, and hired automobiles: $1,500,000 3. Workers' Compensation and Employer's Liability: A. Workers' Compensation Statutory If the Contractor is based outside the State of Minnesota, coverages must apply to Minnesota laws. B. Employer's Liability- Bodily injury by: Accident -Each Accident $500,000 Disease - Policy Limit $500,000 Disease - Each Employee $500,000 - 5 - Agreement No. PW 41-49-16 C.P. 1633 4. Professional Liability—Per Claim $1,500,000 Aggregate $2,000,000 It understood and agreed by the parties hereto that the above listed Professional Liability insurance will not be required in any construction contract let by City if the City's Contractor is not required to perform design engineering as part of said construction contract. An umbrella or excess policy over primary liability coverages is an acceptable method to provide the required insurance limits. The above subparagraphs establish minimum insurance requirements. It is the sole responsibility of the City's Contractor to determine the need for and to procure additional insurance which may be needed in connection with said Project. All insurance policies shall be open to inspection by the County and copies of policies shall be submitted to the County upon written request. XIII It is further agreed that any and all employees of the City and all other persons engaged by the City in the performance of any work or services required or provided for herein to be performed by the City shall not be considered employees of the County, and that any and all claims that may or might arise under the Minnesota Economic Security Law or the Workers' Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the County. Also, any and all employees of the County and all other persons engaged by the County in the performance of any work or services required or provided for herein to be performed by the County shall not be considered employees of the City, and that any and all claims that may or might arise under the Minnesota Economic Security Law or the Workers' Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the City. XIV In order to coordinate the services of the County with the activities of the City so as to accomplish the purposes of this Agreement, the Hennepin County Highway Engineer or designated - 6 - E __ Agreement No. PW 41-49-16 C.P. 1633 representative shall manage this Agreement on behalf of the County and serve as liaison between the County and the City. In order to coordinate the services of the City with the activities of the County so as to accomplish the purposes of this Agreement, the City Engineer or designated representative shall manage this Agreement on behalf of the City and serve as liaison between the City and the County. XV It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. XVI The whereas clauses are incorporated herein and are hereby made a part of this Agreement. XVII The provisions of Minnesota Statutes 181.59 and of any applicable local ordinance relating to civil rights and discrimination and the Affirmative Action Policy statement of Hennepin County shall be considered a part of this Agreement as though fully set forth herein. (this space left intentionally blank) - 7 - � Agreement No. PW 41-49-16 C.P. 1633 IN TESTIMONY WHEREOF,the parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF EDEN PRAIRIE (Seal) By: Mayor Date: And: Manager Date: COUNTY OF HENNEPIN ATTEST: By: By: Deputy/Clerk of the County Board Chair of its County Board Date: Date: APPROVED AS TO FORM: And: County Administrator By: Date: As is nt County Attorney And: Date: 1 i Assistant County Administrator, Public Works Date: APPROVED AS TO EXECUTION: RECOMMENDED FOR APPROVAL By: By: Assistant County Attorney County Highway Engineer Date: Date: - 8 - vA SP: City: District: Intersection: Quadrant: Ramp Type: Const, Year: Compile all relevant document (photos, notes, etc) of the completed quadrant and send to t' 4:e gee 9 : ' _ ;£ r t , tl,tt, (1) Mini urn 4' wide pedestrian access route (PAR) maintained? . . Yes 0 No (2) Landing meets min, 4'x4' and perpendicular grade break(s)? 0 Yes 0 No (3) Are landing(s) located at the top of each ramp and at change(s) in direction and at inverse grades? Yes No (4) Landing slopes (%): — (T(TH) (TH) (SS) (SS) (5) Ramp's running slope (%): TH TH _ SS I SS Initial Secondary Initial Secondary (6) Ramp's cross slope (%): TH ®TH SS SS Initial Secondary Initial Secondary (7) Gutter flow line slope (%): TH SS (8) Gutter inslope (%): 'TH SS TH a Trunk Highway (9) Roadway cross slope (%): TH SS SS=side Street (10) Do truncated domes cover the entire curb opening and are0 Yes 0 No they properly oriented? (11) Are gutter line and ramps draining properly? 0 Yes 0 No (12) Are there any vertical discontinuities greater than 1/4"? 0 Yes 0 No (13) Do ramps comply with Spec 2521.3? 0 Yes 0 No (14) Are ramps fully compliant? ()Yes 0 No If NO, check the reason(s) below. Explain why the ramp didn't meet compliance and how the ramp has been improved from the pre-construction condition (see ADA Compliance Checklist Guidance for more info and attach pages if needed). Topography 0 Structure(s) 0Utilities Contractor MnDOT (15) Was the curb ramp able to be built according to the plan details? 0 Yes 0 No If NO, please explain: Printed Name: Date (mm/dd/yyyy): 171I certify that the information entered on this form is accurate to the best of my knowledge and that I fully understand the checklist standards and am qualified to carry out the inspection. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 14, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: #11-5800 ITEM NO.: VIII.H. Randy Newton Approve Change Order No. 3 for the southern Public Works/Engineering segment of the Shady Oak Road Improvements Requested Action Move to: Approve Change Order No. 3 for the southern segment of the Shady Oak Road Improvements in the amount of$234,235.80. Synopsis Change Order 3 consists of a supplemental agreement and multiple work orders grouped together into a single change order. These additional costs are a result of a number of changed,unknown or unanticipated conditions that occur with a construction project. Staff recommends approval of the changes. Background Information Construction on the project began in July 2014 and the project was substantially completed in late June 2016. Change Order 3 is an accumulation of changes that occurred in bringing the project to substantial completion. In general, the changes resulted from unforeseen existing conditions and additional work unidentified in the original bid documents. More detail on each change is included with the attached change order form. The primary changes include the following: • Traffic signal and median modifications • Bituminous paving incentive • Additional landscaping • Abandoning existing watermain • Bridge slope paving Financial Implications With this change order, the total contract amount increases from $15,793,428.22 to $16,027,664.02. Funding sources for this project include MnDOT, Hennepin County, Special Assessments, Municipal State Aid, TIF, Water Fund, and Sanitary Sewer Fund. Attachment Change Order No. 3 February 3,2017 CHANGE ORDER NO.3 Project: T.H.212&C.S.A.H.61 (Shady Oak Road)Interchange Eden Prairie,Minnesota SP 2763-49 City Project No. 11-5800 To: C.S.McCrossan Construction,Inc. You are hereby directed to make the changes noted below in the contract ITEM DESCRIPTION OF CHANGES 1. SUPPLEMENTAL AGREEMENT NO.4 a. CWP Signal&Push Button and Median Drainage: To provide for a maintenance access route,subgrade drainage,and signal pole concrete bases to extend above grade, the Contractor shall 1)relocate one pedestrian push button,replace concrete walk,install concrete walk,and provide traffic and pedestrian control at City West Parkway,2)install one storm manhole structure over existing pipe,install drain tile;replace concrete walk,brick pavers,and plants;and provide traffic and pedestrian control at CSAH 61 median.3)Raise signal pole concrete base,replace concrete walk,and provide traffic and pedestrian control at City West Parkway.All work shall be in accordance with the Specifications and as directed by the Engineer.Payment for this work will be at the Contract and Negotiated unit prices. 2. WORK ORDER NO.21 a. Relocate EVP Detector: The plans called for a pedestal mounted EVP detector on Flying Cloud Drive,south of Shady Oak Road,for NB traffic. Because of the minimal maintenance access route distance between the pedestal and the new retaining wall E, the Engineer has determined to relocate the detector 30' south,to a location south of the retaining wall. The Contractor ghat!provide all equipment,material and labor to relocate the newly installed EVP detector,pole,base,and associated electrical connections to a location approximately 30'to the south,as determined by the Project Supervisor.All work shall be in accordance with all the applicable specifications.Payment for this work will be made on a Force Account basis per MnDOT Specification 1904. 3. WORK ORDER NO.22 a. Additional Grading a Wooddale Church: The plans called for grading of the backslope behind the new trail to tie into the existing grade along SB Shady Oak Road.Because the planned grading created a sharp transition at the slope tie-in and difficulties for sod maintenance, the Engineer has determined that additional slope grading be performed from approximate station. 175+00 to 179+00 (Wooddale Church property)beyond the construction limits,with permission of the property owner. The Contractor shall provide all equipment,material and labor,to perform additional grading of the backslope,as determined by the Project Supervisor.All work shall be in accordance with all the applicable specifications.Payment for this work will be made on a Force Account basis per MnDOT Specification 1904. 4. WORK ORDER NO.23 a. Hydrant Relocation at 196+09: During construction,the hydrant at station 196+09 was not installed per plan in Stage 1,due to a private utility conflict. It was necessary to install during stage 1, at a location within the proposed trail. hi accordance with Mn/DOT Specification 1402,the Engineer issues this Work Order to relocate the hydrant to the planned location behind the trail, to be included in Stage 4 construction work, in accordance with all applicable specifications and as directed by the project supervisor.Payment for this work will be made on a Force Account basis per MnDOT Specification 1904, Change Order No.3 1 February 3,2017 5. WORK ORDER NO.24 a. Additional Grading at City West Parkway I ydiaat: During construction,it was observed that the existing grade was lower than planned near the hydrant at the NE corner of Shady Oak Road and City West Parkway.The hydrant's exposure above grade exceeds specifications.This was not shown in the plans.In accordance with Mn/DOT Specification 1402,the Engineer issues this Work Order to raise the grade,up to I foot,to the proper elevation at hydrant and place topsoil,in accordance with all applicable specifications and as directed by the project supervisor.Payment for this work will be made on a Force Account basis per MnDOT Specification 1904. 6. WORK ORDER NO.25 Grading-and Stump Removal at Evine Berm: The plans called for grading of the hackslope behind the new trail to tie into the existing grade along SB Shady Oak Road.Because the planned grading impacted existing trees at the slope tie-in and additional tree removal requires turf restoration, the Engineer has determined that additional slope grading, topsoil placement, and stamp removal be performed from station 129+50 to 131+00 (Evine property) beyond the construction limits, with permission of the property owner The Contractor shall provide all equipment,material and labor,to perform additional grading,topsoil placement and stump removal, as determined by the Project Supervisor.All work shall be in accordance with all the applicable specifications. Payment for this work will be made on a Force Account basis per MnDOT Specification 1904. 7. WORK ORDER NO.26 a. Temporary Storm Sewer Outlet for Flying Cloud Drive: The plans call for the storm sewer system of Flying Cloud Dr.north of Shady Oak Rd.to drain under and outlet south of Shady Oak Rd.Because of storm sewer redesign in this area(station 123+00)and a conflict with private utilities the Engineer has determined that the planned installation of the storm sewer cannot be completed in the 2015 construction season. The Contractor shall provide all equipment,material and labor to provide a temporary outlet for the storm pipe between structures.508 and 509 to drain to the ditch to the west,as determined by the Project Supervisor.All work shall be in accordance with all the applicable specifications.Payment for this work will be made on a Force Account basis per MnDOT Specification 1904. 8. WORK ORDER NO.27 a. Remove&Replace Sod: The following described Minor Extra Work is necessary because the new sod was either damaged by private irrigation contractors, did not establish due to lack of irrigation,or was damaged by authorized additional work. The Engineer has determined that several areas throughout t the project site require replacement of sod.The Contractor will remove and replace the sod, as determined by the Project Supervisor.All work shall be in accordance with all the applicable specifications.Payment for this work will be made on a Force Account basis per MnDOT Specification 1904. 9. WORK ORDER NO.28 a. Bituminous Paving Incentive: In accordance with the terms of this Contract,you are hereby authorized and instructed to perform the work as altered by the following provisions: Project Specification 2360.3 provides for bituminous pavement construction incentive and disincentive.Incentive to be included in the Contract.The Owner and the contractor have tracked all incentives and disincentives relating to the bituminous pavement construction materials and practices,as defined by the Contract Documents. The incentives and disincentives earned,as shown in the attached"Bituminous Paving Incentive/Disincentive Summary",indicate that the Contractor achieved a bonus of$40,554.24. The"Plant Mix Asphalt Pavement(MnDOT Specification 2360)Density Incentive/Disincentive Worksheet"results are located in the Engineer's Project File. Payment for this work will be made at the contract prices. 10. WORK ORDER NO.29 a. Revised&Additional Plantings: The plans called for landscaping throughout the entire project.Because of additional stakeholder and Owner input,the Engineer has determined that additional and revised landscape work is required to complete the project as intended. The Contractor shall provide all equipment, material and labor to revise and add landscaping as determined by the Change Order No.3 2 February 3,2017 Engineer.All work shall be in accordance with all the applicable specifications.Payment for this work will be made at Contract and Negotiated unit prices. I I. WORK ORDER NO.30 a. SOP Location Change for Signal Systems C&D: The plans called for new sources of power(SOP)to be installed by Xcel Energy for signal systems C and D(aka East Ramps& Flying Cloud Drive). Because Excel Energy installed the SOP further from both planned locations, the Engineer has determined that additional conduit and wire should be installed to power signal systems C and D,and the bridge lighting.The Contractor ill provide all equipment,material and labor to install the required additional conduit and wire to provide power.All work shall be in accordance with all the applicable specifications.Payment for this work will be made on a Force Account basis per MnDOT Specification 1904. 12. WORK ORDER NO.31 a. Abandon TH 212 North Watermain Crosse g: The plans called for installation of gate valves and spot repairs for the existing watermain that runs along the north ramps and crosses TH 212 at the north side of the project. Because of the redundancy of this line and the excessive depth,the Engineer has determined that this existing watermain should be abandoned rather than perform the planned repairs. The Contractor shall provide all equipment, material and labor to perform the revised work as noted in the revised plan sheets 225 and 227,and to abandon a portion of the watermain to the west of the crossing.All work shall be in accordance with all the applicable specifications.Payment for this work will be made on a Force Account basis per IvInDOT Specification 1904. 13. WORK ORDER NO.32 a. Wall D Geotextile Deduct: The plans called for installation of MNDOT Type 1 geotextile fabric as part of the gravity block retaining wall `D' construction.MNDOT laboratory test result CO-GT15-0016 indicates that the geotextile installed in the lower portion of the wall does not meet requirements. Because of the installation of non-compliant material, the Engineer has determined to that no payment will be made for the material.Deduct payment for this work will be made at the Contract Unit Prices. 14, WORK ORDER NO.33 a. Concrete.Plant Testing Deduct: Certified Ready-Mix plant test results performed by MNDOT indicate non-conforming concrete material was produced for the project.Per the MNDOT Disposition/Recommendation reports and Table 2461-9,the non-conforming material is acceptable to the Engineer,if paid at an adjusted contract unit price.Per Specification 2461.3.P.c.(1),payment will be reduced based on a concrete price of$100.00 per cu.yd.The non-conforming material was produced at the following plants and dates,with the following adjustments: Cemstone#36 Jordan on 6/17/15,90%payment for 30 CY is$-300.00 Gemstone#36 Jordan.on 8/27/15,98%payment for 60 CY is$-120,00 Cemstone#36 Jordan on 9/23/15,90%payment for 45 CY is$-450.00 AVR#2 Burnsville on 4/27/16,95%payment for 3 CY of 3A22 mix is$-15.00 Test results and additional information are located in the Engineer's project files. 15. WORK ORDER NO.34 a. Bridge Bituminous Slope Paving: The plans did not include a pay Item for bridge slope paving from the concrete toe wall to the existing shoulder of TH 212 for the CSAH 61 Bridge.(#27W10). This item is needed to control erosion and provide for maintenance of the surface.The Contractor shall provide all equipment,material and labor to continue the slope paving under both sides of bridge 27W10 by constructing a paved section of 4"of bituminous over 6"of base aggregate from existing concrete slope paving to the TH 212 shoulder.All work shall be in accordance with all the applicable specifications.Payment for this work will be made on a Force Account basis per MnDOT Specification 1904. Change Order No.3 3 February 3,2017 Measured ADD the following costs to the contract: Unit Unit Price Quantity Amount 1. Supplemental Agreement#4 a. Remove Concrete Sidewalk Sq Ft $13.00 125 $1,625.00 b. Remove Concrete Walk Sq Ft $75.00 122.5 $9,187.50 c. Sawing Concrete Pavement Lin Ft $11.00 43 $473.00 d. Aggregate Base(CV)class 5 Cu Yd $174.00 2 $348,00 c. 4"Pelf Drain Tile Lin Ft $51 50 152 $7,828.00 f. Drainage Structure Design G w/A&-D Casting Lin Ft $1,800.00 5 $9,000.00 g. 5"Concrete Walk Sq Ft $7 00 190,75 $1,335..25 h. 5"Concrete Walk Special Sq Ft $70.50 22 $1,551.00 i. 6"Concrete Walk Sq Ft $40 00 123 $4,920.00 j. Salvage&Install Brick Pavers Sq Ft $9.50 451 $4,284.50 k. Traffic&Pedestrian Control Lump Sum $12,690.00 1 $12,690.00 1. Raise Signal Base Each $5,850 00 1 $5,850.00 m. Adjust Handhole Each $.500.00 1 $500.00 n. Relocate Pedestrian Push Button Each 5,2050.00 1 $2,050.00 o. Replace Perennial Plants Plant $140.00 29 $4,060.00 Subtotal $65,702.25 2. Work Order#21 a. Force Account No. 12 Lump Sum $3,628.94 1 $3,628.94 3. Work Order#22 a. Force Account No. 13 Lump Sum $1,503.81 1 $1,503.81 4. Work Order#23 a. Force Account No. 14 Lump Sum $4,660.26 1 $4,660.26 5. Work Order#24 a. Force Account No. 15 Lump Sum $1,057.25 1 $1,057.25 6. Work Order#25 a. Force Account No. 16 Lump Sum $2,376.08 1 $2,376.08 7. Work Order#26 a. Force Account No. 17 Lump Sum $4,676.20 1 $4,676.20 8. Work Order#27 a. Force Account No. 18 Lump Sum $2,289.12 1 $2,289.12 9. Work Order#28 a. Bituminous Paving Incentive Lump Sum $40,554.24 1 $40,554.24 10. Work Order#29 a. Sod Removal Sq Ft $0.83 4,859 $4,032.97 b. Deciduous Tree 1.5"Cont -Whitespire Birch Tree $236.50 2 $473.00 c. Deciduous Tree 3"-Swamp White Oak Tree $247.50 6 $1,485.00 d. Ornamental Tree 8'HT Amur Flame Maple Tree $154.00 4 $616.00 e. Ornamental Tree 8'HT-Ivory Silk Lilac Tree $137.50 3 $412.50 f. Coniferous Tree 6'HT Tree $550.00 38 $20,900.00 g. Coniferous Tree#15 Cont Tree $445.50 8 $3,564.00 h. Coniferous Shrub#5 Cent Shrub $72.11 19 $1,370.09 i. Deciduous Shrub#5 Cent. Shrub $71.80 40 $2,872.00 j. Deciduous Shrub#5 Cont.-Regent Shrub -$26.95 30 ($808.50) Serviceberry k. Deciduous Shrub#5 Cont.-Dwarf Korean Shrub -$26.95 49 ($1,320.55) Lilac I. Hardwood Mulch Sq Ft $0.55 5,722 $3,147.10 m. %"Limestone Rock Mulch Special w/Fabric Sq Ft $1.65 1,095 $1,806.75 Subtotal $38,550.36 Change Order No.3 4 February 3,2017 11. Work Order#30 a. Force Account No. 19 Lump Sum $5,643.49 1 $5,643.49 12. Work Order#31 a. Force Account No.20 Lump Sum $36,005.74 1 $36,005.74 13. Work Order#32 a. Geotextile Fabric Type I Sq Ft $5.00 -200 ($1,000.00) 14. Work Order#33 a. Structural Concrete Cu Yd $100.00 -8.85 ($885.00) 15. Work Order#34 a. Force Account No.21 Lump Sum $29,473.06 1 $29,473.06 TOTAL ADDITIONS $236,120.8 TOTAL DELETIONS $1,885.00 TOTAL CHANGE(THIS CHANGE ORDER) $234,235.80 ORIGINAL CONTRACT AMOUNT $ 15,638,757.67 TOTAL ADDTTONS(ALL CHANGE ORDERS) $ 699,610.75 TOTAL DELETIONS(ALL CHANGE ORDERS) $ 310,704.40 TOTAL CHANGE(ALL CHANGE ORDERS) $ 388,906.35 TOTAL CONTRACT VALUE INCLUDING THIS CHANGE ORDER $ 16,027,664.02 THE ABOVE CHANGES ARE APPROVED: SRF CONSULTING GROUP,INC. CITY OF EDEN PRAIRIE By �� By Project _ City Manager Date 2I2. (7 - Date THE ABOVE CHANGES ARE ACCEPTED: C.S. McCROSSAN CONSTRUCTION,INC. CITY OF EDEN PRAIRIE By �' By Mayor Date °V-'Pa - f 7 Date H:1Projecis fn-Construction 184941Contract ChangeslChange OrderslSP 2763-49 Change Order 3.docr Change Order No.3 5 February 3,2017 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 14, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: LC. 14-5877 ITEM NO.: VIII.I. Randy Newton Approve Change Order No. 2 for the West 70th Public Works/Engineering Street Extension Project Requested Action Move to: Approve Change Order No. 2 for the West 70th Street Extension Project in the amount of$24,563.04. Synopsis Change Order 2 consists of multiple work orders grouped together into a single change order. These additional costs are a result of several changed, unknown or unanticipated conditions that occur with a construction project. Staff recommends approval of the changes. Background Information The West 70th Street Extension Improvement Project has resulted in the extension of West 70th Street to Flying Cloud Drive. The majority of the project construction occurred in the fall of 2015 and was completed in 2016. In general, the changes included in this change order stem from unforeseen existing conditions and additional work unidentified in the original bid documents. More detail on each change is included with the attached change order form. Financial Implications With this change order, the total contract amount increases from $1,409,758.57 to $1,434,321.61. The project is being funded through special assessments and a Hennepin County Transit Oriented Development Grant. Attachment Change Order No. 2 January 27,2017 CHANGE ORDER NO. 2 Project: West 70`h Street Eden Prairie,Minnesota City Project No. 14-5877 To: Meyer Contracting,Inc. You are hereby directed to make the changes noted below in the contract. ITEM DESCRIPTION OF CHANGES 1. WORK ORDER NO. 12 a. Establish Turf at Super Value Sign Removal Location: During construction,the Super Value sign at 7075 Flying Cloud Drive was removed.It was determined that regrading and turf establishment was required.The Contractor will provide all equipment,labor and material to place topsoil,sod, 1 and seed. All work shall be in accordance with all the applicable specifications. Payment for this work will be made on a Force Account basis per MnDOT Specification 1904. 2. WORK ORDER NO. 13 a. No Truck Signage: 1 The following Minor Extra Work is necessary because only a portion of the planned bituminous pavement section would be placed before the end of the 2015 construction season.The Engineer has determined that placing"No Trucks" signs along West 70'is needed to prevent/discourage truck traffic during the spring thaw to lessen pavement distress. The Contractor will provide all equipment, labor and material to place 5 temporary R5-2a "No Trucks" signs as determined by the Engineer.Payment for this item was determined on negotiated unit prices. 3. WORK ORDER NO. 14 a. Railing Corner Post: The plans called for a metal railing along the north sidewalk, next to the steep slope at the wetland. Because of the extent of the steep slope,the Engineer has decided to modify the railing to bend to the north at the west end,for further protection.The Contractor will provide all equipment,labor and material to modify an existing line post to function as a corner post.All work shall be in accordance with all the applicable specifications.Payment for this work will be made on a Force Account basis per MnDOT Specification 1904 and negotiated unit prices. 4. WORK ORDER NO. 15 a. Irrigation Electrical Supply: El The plans called for a source of power to be supplied within 5'of the irrigation controller.Because of a source of power available approximately 700' to the east,the Engineer has determined that power to the irrigation controller shall be provided from this location.The Contractor will provide all equipment,labor and material to provide power by installing new conduit along with using the project's existing lighting conduit. All work shall be in accordance with all the applicable specifications.Payment for this item was determined on negotiated unit prices. 5. WORK ORDER NO.16 a. Additional Trees: The plans did not include trees in newly constructed green areas at west end of the project. Trees are needed at this location to maintain the site's landscaping theme. The Contractor will provide all equipment, labor and material to install 10 additional trees as determined by the project Engineer.All work shall be in accordance with all the applicable specifications.Payment for this item was determined on negotiated unit prices. 1 6. WORK ORDER NO. 17 a. Watering of Sod and Plants: The following Minor Extra Work is necessary to maintain the newly installed sod and plants,due to a source of power not yet provided by Xcel Energy to operate the irrigation system. The Engineer has determined that supplemental watering of the sod and plants be performed as needed, until the irrigation system is provided power to operate. The Contractor will provide all equipment,labor and material to as determined by the Engineer.Payment for this item was determined on negotiated unit prices. Measured ADD the following costs to the contract: Unit Unit Price Quantity Amount 1. Work Order#12 a. Force Account Lump Sum $1,595.47 1 $1,595.47 2. Work Order#13 a. Temporary Signage Lump Sum $1,583.32 1 $1,583.32 3. Work Order#14 a. Force Account Lump Sum $1,821.60 1 $1,821.60 4. Work Order#15 a. Irrigation Electrical Supply Lump Sum $8,924.00 1 $8,924.00 5. Work Order#16 a. Additional Trees Lump Sum $7,188.65 1 $7,188.65 6. Work Order#17 a. Watering EACH $575.00 6 $3,450.00 TOTAL ADDITIONS $24,563.04 TOTAL DELETIONS $0.00 TOTAL CHANGE(THIS CHANGE ORDER) $24,563.04 ORIGINAL CONTRACT AMOUNT $ 1,277,800.80 TOTAL ADDITONS(ALL CHANGE ORDERS) $ 160,215.16 TOTAL DELETIONS(ALL CHANGE ORDERS) $ 3,694.35 TOTAL CHANGE(ALL CHANGE ORDERS) $ 156,520.81 TOTAL CONTRACT VALUE INCLUDING THIS CHANGE ORDER$ 1,434,321.61 2 THE ABOVE CHANGES ARE APPROVED: SELF CONSULTING GROUP, INC. CITY OF EDEN PRAIRIE ByW By Project Manager City Manager Date 11 2-711 7 Date THE ABOVE CHANGES ARE ACCEPTED: MEYER CONTRACTING, INC. CITY OF EDEN PRAIRIE By By Mayor Date Date 14:1projeclslln-Conslruclion189750nfrac1 ChnpgestiChange OrderslCP 14-3677 Change Order 2,dau 3 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda February 14, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO: VIII.J. Office of City Manager Adopt City's Purchasing Policy Sue Kotchevar, Finance Manager Requested Action Move to: Approve the City's Purchasing Policy. Synopsis The City's Purchasing Policy was updated to reflect changes to Federal Single Audit "OMB Circular Uniform Guidance". A Federal Purchases section was added for additional procurement requirements that need to be considered when making purchases related to a federal program. Also, the Ethics and Acceptance of Gifts section was also updated to include "Council Members." The section now reads: "Employees and Council Members authorized to make a sale, lease, or contract in an official capacity must not have a personal financial interest in that sale, lease, or contract, or personally benefit financially from it." These revisions bring the policy in line with the updated Federal Single Audit "OMB Circular Uniform Guidance". Attachment Policy Purchasing Policy Policy updated February 2017 City of Eden Prepared by the Finance Division Prairie, Minnesota Table of Contents City of Eden Prairie Purchasing Procedures 4 General Purchasing Procedures 4 Quick Reference Chart- Procurement Methods 6 Quick Reference Chart- City Contracts 7 Construction, Contract Services, and Purchase (Goods) Contracts 9 Less than $50.00 9 $50 to $25,000 9 $25,000 to $100,000 9 Greater than $100,000 9 Over $100,000 with labor- Performance and Payment Bond 10 Awarding Contracts 10 "Best Value" Procurement Alternative 10 Cooperative Purchasing Procedures 10 Change Orders 12 Other Bidding Requirements 12 Purchase or Lease of Used Public Safety Equipment 12 Leases and Lease Purchases 12 Real Estate 13 Online Purchases 13 Withholding Certificates 13 Federal Purchases 13 Ethics and Acceptance of Gifts 13 Public Purpose Expenditures 144 Professional Service & Consultant Contracts 15 Request for Proposal (RFP) 15 Standard Professional Services Agreement 15 Disposition of Surplus Assets 16 1. Disposal Approval 16 2. Sale Approval 16 3. Proper Municipal Sale Contract 16 Assets under $25,000 16 Assets between $25,000 - $100,000 16 Assets over$100,000 16 Government to Government Sales 17 Trade-ins 17 Electronic Sales 17 Restrictions 17 Link to Appendices (Contract Templates) 18 City of Eden Prairie Purchasing Procedures Effective October 2012 These purchasing procedures are intended to provide a consistent manner of purchasing goods and services Citywide. Employees should secure the best balance between quantity, quality, and price when purchasing for the City. General Purchasing Procedures • The City of Eden Prairie has a "decentralized" purchasing program; purchasing is the responsibility of each Department Director. • The Finance Division processes payments once a week and invoices are paid by due date. Using the Citywide accounts payable document imaging system, all steps of the invoice approval process, including the final procedure of "process for payment," must be completed by noon on Thursday to ensure payment by Friday if the invoice is due. • Payments will be made only from invoices, check request forms, or mileage reimbursement forms. Invoices should be sent directly from the vendor to accounts payable to be scanned into the accounts payable document imaging system. • Persons authorizing payments are responsible for verifying that goods and services have been received, that they are necessary, and that no duplicate payments are made. • Persons authorizing payments are responsible for coding invoices and ensuring that correct account codes are used. If there are questions regarding coding, contact Finance. • All contracts to which the City is a party shall be signed by the Mayor and the City Manager on behalf of the City and shall be executed in the name of the City, except contracts that do not exceed $20,000 may be signed by the City Manager or a Department head specifically designated by the City Manager. • Generally accepted accounting principles will be followed. For the end of each year, invoices that are received early the next year which are for goods or services received the previous year will usually be charged against the previous year. The year to which an invoice will be charged is based on the financial statement/audit cut-off date and the materiality of the item. If you have any questions about this, please contact a member of the finance team. • Employees will not make any purchases for personal use through the City. • Purchases required by emergencies that impair the City's ability to deliver services are outside the scope of this policy and are handled as appropriate in the circumstances. 4 • The City has a purchasing card program available for employees who frequently purchase items for the City. A separate Purchasing Card Program manual and process is available. • Travel purchases should be made following the City's Travel Policy. 5 Below is a quick reference chart for procurement methods according to dollar amount: Quick Reference Chart - Procurement Methods Value of Construction,Contracted Services, Professional or Consultant Purchase Goods&Services Contracts Services Contracts Less than$50 No quote needed No quote needed $50-$25,000 Open Market or Open Market Direct Negotiation(at least 2 quotes) 1 $25,000-$100,000 Sealed Bids or Direct Negotiation (at least 2 quotes) 1 Open Market or RFPs 2 RFPs(Best Value optional),or Cooperative Purchasing Contracts that comply with bidding process(if applicable) Over$100,000 Sealed Bids or RFPs 2 Cooperative Purchasing Contracts that comply with bidding process(if applicable) 3 1 Quotes must be kept on file for at least one year 2 Use City's"Professional Services Agreement(Contract)"--See Appendix E 3 Contracts over$100,000 that include labor require a performance and payment bond--See Appendices F&G 6 Below is a quick reference chart of City Contracts, when applicable: Quick Reference Chart - City Contracts Contract Contract Type of Service to be Used Location Large Construction Projects(Public Works/Engineering/Parks) Existing Form of Appendix A Examples: Road, Utility,or Building Construction Contract and Related and website All Other Construction Projects(Other Depts) Standard Appendix B o Examples: Building Alterations;Store Remodel Construction U Contract Services and Annual Services(more extensive) Standard Appendix C N , Examples: Furnace Installation, Painting, Lawn Mowing, Agreement for o Contracted Svcs as CD -0 Services less than$5,000 and/or Goods(minor, basic) Std Contract Appendix D c c u ro Examples: Equipment,Supplies,these are simple services and goods-if for Goods and there are complicating factors, use Appendix C Services Professional Services Std Agreement Appendix E cExamples:Auditors, Lawyers,Architects Training for Professional c°� Services c Performance Bond Performance Appendix F c o o •+7, Bond c0 E a o Payment Bond Payment Appendix G Bond a, o a Human Services-General Fund Agreements Human Services Appendix H Example: PROP Agreement ccc chi PROP E = N Human Services Subrecipient Agreement-CDBG Human Services Appendix I Example: CAPSH Subrecipient AgrmtCAPSH Entertainment Services Contract Cover Entertainment Appendix J Used for all entertainment contracts Services Contract Cover Entertainment Services Addedum A-General Provisions Entertainment Appendix K Used for all entertainment contracts Addendum A- c @ Gen. Provisions t o Entertainment Services Addedum B-Entertainment Provisions Entertainment Appendix L a, " Used for music,entertainers,animal rides or petting zoos, interactive Addendum B- (inflatables,climbing wall) Ent. Provisions Entertainment Services Addedum C-Insurance Entertainment Appendix M Used for animal rides or petting zoos,fireworks, interactive(inflatables, Addendum C- climbing wall),sports programs Insurance 7 These are general guidelines. Manager discretion and case-by-case consideration may be needed. If you are unsure of which contract to use, ask your department head to contact the City Attorney. Please do not use the consultant letter as an exhibit in any contract. Scope of service may be pulled out of a consultant letter and used in the contract, but the consultant letter itself may contain legal wording and should not be used. A City contract with the City's wording and legal requirements should always be used. 8 Construction, Contract Services, and Purchase (Goods) Contracts Supplies, Materials, Equipment or Equipment Rental, and Construction, Alteration, or Repair & Maintenance of Property This section pertains to the purchase of supplies, materials, equipment or the rental thereof, or the construction, alteration, repair or maintenance of real or personal property. For professional services including but not limited to audit services, legal services, and engineering services, see the Professional Services section of this document. Contracts for these items can be found in Appendices A through E of this document. Depending on the amount of the purchase, the following procedures will be followed: Less than $50.00 Petty cash or a purchasing card should be used. For petty cash purchases, return the sales slip with account codes, authorizing signature, and reason for the purchase to Finance. For purchasing card purchases, follow the City's purchasing card procedure. $50 to $25,000 Purchases may be obtained through open market or direct negotiation, with two quotations obtained whenever possible. Quotations must be kept on file for at least one year. $25,000 to $100,000 Purchases may be obtained through sealed bids, cooperative purchasing contracts, or direct negotiation, with two quotations obtained whenever possible. Quotations must be kept on file for at least one year. Cooperative purchasing contracts should be considered for contracts over $25,000 and may be used in lieu of sealed bids or quotes. Greater than $100,000 Sealed bids solicited by public notice are required. Contracts must be awarded to the lowest responsible bidder. Obtain authorization from the City Council to prepare plans and specifications. The City Attorney must review the plans and specifications including the contract prior to advertisement for bids. Cooperative Purchasing Contracts should be considered for contracts over $25,000 and may be used in lieu of sealed bids. Advertisement for sealed bids must be published in the City's Official Newspaper at least ten days before the last date for submission of bids. The published notice must contain the following: • A description of the project or the purchase • The availability of specifications including the location, for example, Office of the City Clerk, etc. • The last day for submission of bids and the place where they are due 9 • The time and place for opening bids • A statement reserving the right of the City to reject all bids The bids must be opened and tabulated at the time and place specified in the newspaper. Preferably this should be completed about 10 working days in advance of the City Council meeting to allow for a thorough review and retabulation of the bids and to allow for reference checks as appropriate. A recommendation can then be made to the City Council and the City Council will award or deny the contract. Bids rejected by council must be kept on file for 6 years. For Engineering/Public Works projects, Instructions to Bidders may be found on the City's website: http://www.edenprairie.org/modules/showdocument.aspx?documentid=653 Over $100,000 with labor- Performance and Payment Bond For contracts over $100,000 that include labor (ex. road construction and the purchase and installation of playground equipment) a performance and payment bond in an amount not less than the contract price is required from the vendor. See Appendices F and G. If change orders substantially increase the amount of the contract, the City Council has the option to increase the amount of the contractor's bond. Awarding Contracts For contracts procured through sealed bids or multiple quotes, the City must award the contract to the lowest responsible bidder. The bidder who submits the lowest bid or quote in dollars is not necessarily the "lowest responsible bidder." Responsibility in bids means financial responsibility, but also integrity, skill, and the likelihood of the bidder doing faithful and satisfactory work. A contract must be awarded to the lowest responsible bidder unless the "Best Value" alternative set forth below is followed. "Best Value" Procurement Alternative Minnesota Statute 412.311 allows the City to use a "Best Value" alternative instead of awarding the bid to the lowest responsible bidder. Ask your department head to contact the City Attorney if you wish to use the Best Value alternative. Cooperative Purchasing Procedures Cooperative purchasing contracts provide an opportunity for the City to purchase goods and services at reduced costs. Employees do not need to obtain bids if a purchase is made through a national municipal association purchasing alliance or a cooperative created by a joint powers agreement (of which the City is a member) that purchases items from more than one source on the basis of competitive bids or quotations that complies with State Statute. Following is a list of purchasing cooperatives of which the City is a member: 1. Cooperative Purchasing Ventures (CPV) 10 Minnesota Statute 471.345, Subd. 15 requires cities to consider the Cooperative Purchasing Venture (CPV) for contracts estimated to exceed $25,000. The City of Eden Prairie participates in the State of Minnesota Cooperative Purchasing Venture (CPV). This enables the City to buy goods and services under the terms of contracts already negotiated by the State of Minnesota. Information for this cooperative can be found on the State of Minnesota's Materials Management Division website: http://www.mmd.admin.state.mn.us/cpv2.htm The Public Works Superintendant can direct employees to the releases and listings of the products/services that can be purchased on the state contract. If it is determined that a product/services is on a state contract, vendors should be told that the purchase will be made using that contract. When completing the purchasing paperwork, note the purchase is per state contract and indicate the contract number. Vendors will often contend that the City can purchase from them without bidding because they are on the "state contract" or they will sell at the state contract price. Beware of these approaches. Verify both the vendor and the specific product/service is listed on the state contract. It is likely that not all of a vendor's products/services have been selected to be on the state contract. If a vendor is not on the state contract, but will match the state contract price, this action does not exempt the City from following the competitive bidding laws. 2. Hennepin County Cooperative Purchasing Contracts The City participates in the Hennepin County Cooperative Purchasing Program. In order to participate, submittal of a checklist anticipating estimated quantities prior to the bidding process is required. If the City has filled out a checklist, it is obligated to purchase the item from the county for the duration of that particular contract, as outlined in the contract specifications. 3. U.S. Communities Government Purchasing Alliance The City participates in the U.S. Communities Government Purchasing Alliance http://www.uscommunities.org/. See the Fleet Services Supervisor for further information. 4. Great Lakes GPO The Great Lakes GPO is a fire service program open to all Cities. 5. Joint Powers Member Any Joint Powers Purchasing Entity of which the City is a member provides for purchases. 6. National IPA The City participates in the National IPA cooperative purchasing organization. http://www.nationalipa.org. See the Fleet Services Supervisor for further information. 11 Change Orders Change orders may occur due to City driven changes, errors and omissions, field directives, unforeseen/hidden conditions, regulatory requirements or changes that are contractor driven. Changes that need to be made during construction need to be addressed and approved in a timely manner in order to keep the project on schedule. Any change order that does not exceed $20,000 may be approved by the City Manager or a Department head specifically designated by the City Manager. Any change order that exceeds $20,000 must be approved by City Council. In an emergency the City Council may enter into contracts and incur obligations necessary to combat the disaster by protecting the health and safety of persons and property and by providing emergency assistance to the victims of the disaster without complying with the laws relating to purchasing and contracting. Other Bidding Requirements • A City cannot avoid bidding requirements by splitting a contract into several contracts, each of which is below the minimum amount requiring bids. • Specifications may not be written so as to exclude all but one type or kind of supplies or equipment. • The City may not accept a bid that includes a number of items when the advertisement called for separate bids for each item. • The City must re-bid when they make a material change in the specifications of the contract, even if the change would not affect the rank order of the bids received. • Minnesota Statutes Chapter 429 (local improvement code) applies to all public improvement contracts (i.e., sewer, water and streets) being financed with special assessments. Purchase or Lease of Used Public Safety Equipment In 2011, cities were granted authority to lease or purchase used public safety equipment ("vehicles and specialized equipment used by a fire department ... in firefighting, ambulance and emergency medical treatment services, rescue, and hazardous materials response") without bidding in certain specified circumstances. Competitive bidding or proposals are not required, "if the equipment is clearly and legitimately limited to a single source of supply, and the contract price may be best established by direct negotiation." Leases and Lease Purchases All lease agreements need approval through the finance and legal departments prior to initiating lease. The Finance Division will obtain at least two quotes to insure the best financing rates. Lease Performance Bonds are sometimes prudent for Lease Purchases; if you are unsure whether a Lease Performance Bond should be required, ask your department head to contact the City Attorney. 12 Real Estate The purchase or sale of real property is generally not subject to competitive bidding. Online Purchases Employees may only purchase from vendors that use secure services for e-commerce. The City is required to submit sales tax for out-of-state purchases. Withholding Certificates Before the City makes a final payment to a contractor under a contract requiring employment for wages, it must make sure the contractor and any subcontractors have complied with withholding tax laws. Contractors and subcontractors must show compliance by submitting a withholding affidavit to the MN Department of Revenue. This can be done electronically or by mailing a completed Form IC134, "Withholding Affidavit for Contractors." If a contractor or subcontractor has withheld taxes as required, the Department of Revenue will return an electronic confirmation or sign and return the Form IC134, certifying compliance. The City must receive this certification of compliance before a final payment can be issued. Covered contracts are only those under which a contractor undertakes to supply labor or a combination of labor and materials for specific construction, repairs, rehabilitation or improvements. It does not apply to contractors for maintenance services or dealers, merchants and suppliers who supply materials only. The Dept of Revenue requires the form IC -134 only be submitted in connection with contractors on construction projects. Others are not required to submit the form so this paragraph only needs to be used on construction contracts. Federal purchases Under uniform grant guidance (2 CFR 200.317-326) there are additional procurement requirements that need to be considered when making purchases related to a federal program. Five procurement methods are identified including: micro-purchase (<$3,500), small purchase procedures (<$150,000), sealed bid (>$150,000), competitive proposal (>$150,000), and noncompetitive proposal (>$3,500). The general purchasing policy addresses many of these requirements and the City will also consider the full requirements in relation to each method as described in 2 CFR. The micro-purchase threshold which is set by Federal Acquisition Regulation at 48 CFR Subpart 2.1 is subject to change with inflation. The City will follow changes to thresholds as modifications occur. When practicable, micro-purchasing will be distributed among qualified suppliers. Ethics and Acceptance of Gifts Employees and Council Members authorized to make a sale, lease, or contract in an official capacity must not have a personal financial interest in that sale, lease, or contract, or personally benefit financially from it. (See Minn. Stat. § 471.87) For non-business related purchases, employees may only take advantage of special pricing offered to employees of the City if the same pricing is offered to government employees state or country wide. However, special pricing offered to the City by vendors may not be accepted by employees in a 13 position to make purchasing decisions or recommendations within that same category of goods or services. Public Purpose Expenditures City employees are obligated to conserve and protect City resources for the benefit of public interest. As good stewards of public funds, City employees must only use City funds for public purpose expenditures. Meals and gifts for City employees— however small — may not be purchased using City Funds. The expenditure of City Funds on meals and refreshments for City Employees, Officials, and Volunteers is only authorized by the City Council for certain purposes. These purposes should be conducive to the accomplishment of employees' duties and responsibilities while conducting City business and therefore provide a public benefit and have a public purpose. As detailed in Resolution No. 2007-13, the purchase of meals and refreshments using City Funds is authorized in the following circumstances: • Those provided immediately before or in conjunction with meetings of the Council, committees or subgroups. • City business meetings at which those in attendance involve non City employees. • When a breakfast, lunch or dinner meeting is conducted for official City business when it is the only practical time to meet and when it involves non City employee participants. • In connection with a conference, workshop, seminar or meeting which the employee has been authorized to attend. • Department-sponsored meetings, conferences or workshops where invited participants include non-City employees. • An organization-wide or department-wide annual, quarterly or monthly staff meeting. • At regularly scheduled meetings of the City Manager and department heads. • Meals for staff involved in election related duties when the performance of their duties prohibits staff from leaving the building. • At the discretion of the City Manager. If you are unsure whether an item is a public purpose expenditure, please contact your department director. 14 Professional Service & Consultant Contracts Accountants, Architects, Engineers, Lawyers, Training, Technical/Scientific Services State Statue does not require advertisement of bids or sealed bids for professional services such as those of engineers, lawyers, architects, accountants, and other services requiring technical, scientific, or professional training. It is recommended that proposals be obtained through a request for proposal (RFP) process when such a process would provide the City with increased quality or a decreased price. Request for Proposal (RFP) The City follows an RFP process when soliciting professional consulting services. Recommended sections to include in a RFP: • Background and scope of project. • Specifications of the professional services desired. • Contract terms. Include and reference as an attachment the "Standard Professional Services Agreement" (Appendix E) • The last day for submission of proposals and the place where they are due. • Include requirement for attendance at a pre-proposal meeting to answer vendor questions regarding the RFP. This provides fairness to all participants when questions are answered with all participants present. Request that questions be submitted in advance. • Proposal evaluation and selection criteria. • Format required for submitted proposals to provide for consistent submittals. • Profile questionnaire to obtain general information about the vendor. • A statement reserving the right of the City to reject all proposals. The City attorney must review the RFP before it is sent to selected vendors. RFPs should be sent to a reasonable/manageable number of vendors. After the submittal deadline, review Proposals by using a rating sheet and rate each Proposal based on the specifications and general information. Follow up with reference checks as appropriate. Select a vendor and make recommendation to the City Council. Standard Professional Services Agreement The City's "Standard Professional Services Agreement" (contract) should used for all professional service contracts. See Appendix E. The Standard Professional Services Agreement outlines consultant obligations including insurance and liability coverage requirements, audit disclosure, subcontractors, and termination processes. This contract should be used for all professional service agreements. 15 Disposition of Surplus Assets According to City Code (Section 2.86, Subd. 3), the City Manager may, from time to time, recommend to the Council that certain property owned by the City is no longer needed for a municipal purpose and should be sold. There are three aspects to any disposal of a City asset: 1. Disposal Approval The City Council must approve the disposal of all property, no matter the value. 2. Terms of Sale Approval The sale itself must be approved, either by the City Manager or his/her delegate (sales up to $20,000) or by the City Council (sales over$20,000). 3. Proper Municipal Sale Contract Just as with purchasing, making a sale is considered entering into a contract. After the Council has declared the property as surplus, estimated its value, and approved its disposal, the City Manager (or his/her delegate) is authorized to dispose of the property using one of the following methods: Assets under$25,000 If the value of the surplus property is estimated to be $25,000 or less, the City Manager may sell it either upon quotation or in the open market, in the discretion of the City Manager. If the surplus property is sold based upon quotation, the City Manager shall obtain, so far as practicable, at least two quotations which shall be kept on file for a period of at least one year after their receipt. Assets between $25 000 - $100,000 If the value of the surplus property is estimated to exceed $25,000 but not to exceed $100,000, the City Manager may sell the property upon sealed bids or by direct negotiation, by obtaining two or more quotations for the sale when possible. All quotations obtained shall be kept on file for a period of at least one year after their receipt. Assets over$100,000 If the value of the surplus property is estimated to exceed $100,000, the City Manager shall solicit sealed bids by public notice in the manner and subject to the requirements of the law governing contracts by the City. As a practical matter, an asset disposal and its sale will often be approved by the Council at the same time. The final sale will always be contingent upon the Council's approval of, first, the disposition and then the actual sale. Managers may use discretion when deciding if an asset should be approved for disposal before the sale is initiated, or if the disposal and the sale can be brought to Council at the same time. 16 Government to Government Sales The City may transfer real and personal property to another governmental entity for nominal or no consideration and without following the process set out under "Proper Municipal Sale Contract" (item #3) above. Sealed bids or quotes are not required. Council approval of the disposal (item #1 above) is always required. Council approval of the terms of the disposal (item #2 above) is required only if consideration is over $20,000. The council may approve both the disposal and disposal terms in one action. If there is no consideration or consideration is under$20,000, the City Manager may approve the terms of the disposal. Trade-ins The City Council must approve the disposal of equipment via trade-in (put toward the purchase of new equipment),just as it approves a regular disposal. This approval can be done as part of the approval of the purchase of new equipment (if the purchase is over $20,000). Even if the new purchase is under $20,000 (and doesn't require Council approval), the trade-in disposal still must be approved by the Council. Electronic Sales Minn. Stat. 471.345, subd. 17 states that "a city may contract to sell supplies, materials, and equipment which is surplus, obsolete, or used, using an electronic selling process in which purchasers compete to purchase the items at the highest purchase price in an open and interactive environment." Restrictions According to City code, no employee of the City who is a member of the administrative staff, department head, a member of the Council, or an advisor serving the City in a professional capacity may be a purchaser of property sold under this Section. Other City employees may be purchasers if they are not directly involved in the sale, if they are the highest responsible bidder, and if at least one (1) week's published or posted notice of sale is given. 17 Link to Appendices A-M (Contract Templates) Appendices A through M (contract templates) can be found as stand-alone files on the City's K drive: K:/Finance/Forms and Policies/Purchasing Policy/Contract Templates (Appendix List) Contract templates in the above folder are the most up-to-date documents provided by the City Attorney. Always start with the contracts available here, rather than a copy of a previous vendor contact, which maybe have outdated wording or terms of agreement. Do not save changes to the contracts on the K: drive, as all City employees access these versions. Save a copy to your own drive and them make changes. Please contact Finance if you have any questions. 18 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 14, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.K. Bill Olmschenk Accept bids and award the contract for Miller Parks Construction Supervisor Park Outdoor Hockey Rink Replacement to Parks and Recreation Finley Bros, Inc. Requested Action Move to: Accept bids and award the contract for Miller Park Outdoor Hockey Rink Replacement to Finley Bros, Inc. in the amount of$29,629. Synopsis This year the outdoor hockey rink at Miller Park is scheduled for replacement. Funding for the hockey rink replacement work will come from the Capital Maintenance and Reinvestment Fund. The total project budget is $60,000. The steel material fabrication and installation is $29,629. Background We have been replacing old worn out hockey rinks every other year. Proposals were sent out on January 3 and bids were due January 20, 2017. Finley Bros Inc. and Becker Arena Products submitted proposals. Finley Bros Inc. was low bidder and has completed this work for the City of Eden Prairie successfully for our hockey rinks at Nesbitt Preserve Park, Crestwood Park, and Round Lake Park in the past. Bid Summary and Recommendation Finley Bros, Inc. $29,629.00 Becker Arena Products $45,055.51 Attachment Standard Agreement for Contract Services Standard Agreement for Contract Services This Agreement ("Agreement") is made on the 14th day of February, 2017, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Finley Bros. Inc., a Minnesota company (hereinafter "Contractor")whose business address is PO Box 677, Hopkins, MN 55343. Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of services by Contractor for Miller Park Outdoor Hockey Rink Construction hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. The terms of this Agreement shall take precedence over any provisions of the Contractor's proposal and/or general conditions. 2. Effective Date and Term of Agreement. This Agreement shall become effective as of February 14th 2017. The Agreement shall continue for one (1) year thereafter, and automatically renew from year to year after expiration of said one year period except that this Agreement may be terminated at the end of any one (1) year period with sixty (60) days prior written notice from either party. 3. Obligations of Contractor. Contractor shall conform to the following obligations: a. Contractor shall provide the materials and services as set forth in Exhibit A. b. Contractor and its employees will park in service areas or lots and use entries and exits as designated by City. Contractor's personnel will contact the appropriate person (i.e. receptionist, maintenance personnel, security, etc,) immediately upon entering the building, and will sign in and out if required by City. c. Care, coordination and communication by Contractor is imperative so that guests and employees in the buildings are not disturbed or inconvenienced during the performance of the contracted services. d. Contractor's personnel must be neat appearing, wear a uniform and badge that clearly identifies them as a service contractor, and abide by City's no smoking policies. e. Contractor must honor the City's request to reassign an employee for cause. Cause may include performance below acceptable standards or failure to present the necessary image or attitude, in the judgment of the owner, to present a first class operation. f. When necessary, Contractor's personnel will be provided with keys or access cards in order to perform their work. Any lost keys or cards that result in rekeying a space or other cost to the City will be billed back to the Contractor. 4. City's Obligations. City will do or provide to Contractor the following: a. Provide access to City properties as appropriate. b. Provide restroom facilities as appropriate. c. d. 5. Compensation for Services. City agrees to pay the Contractor a fixed sum of$29,629.00 as full and complete payment for the labor, materials and services rendered pursuant to this Agreement and as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 6. Method of Payment. a. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. b. Claims. To receive any payment on this Contract, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." c. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid. 7. Project Manager. The Contractor has designated Ray Finley to Manage the Work. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the designated manager without the approval of the City. 8. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Contract. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 9. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall Pa e2of8 Standard Agreement for Contract Services 2014.01 g include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General Liability $1,500,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products—Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain "stop gap" coverage if Contractor obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. e. All policies, except the Worker's Compensation Policy, shall name the "City of Eden Prairie" as an additional insured on ISO forms CG 20 10 07 04 or CG 20 10 04 13; and CG 20 37 07 04 or CG 20 37 04 13, or their equivalent. f. All policies shall apply on a "per project" basis. g. All polices shall contain a waiver of subrogation in favor of the City. h. All policies shall be primary and non-contributory. • Standard Agreement for Contract Services 2014.01 Page 3 of 8 i. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Agreement. j. Contractor agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City's written acceptance of the Work. k. It shall be Contractor's responsibility to pay any retention or deductible for the coverages required herein. I. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days' prior notice to the City,except that if the cancellation or non- renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten (10) days' prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor's Work. Upon request a copy of the Contractor's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City's right to enforce the terms of Contractor's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor's Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. Standard Agreement for Contract Services 2014.01 Page 4 of 8 If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 10. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 11. Termination. a. This Agreement may be terminated at any time by either party for breach or non- performance of any provision of this Agreement in accordance with the following. The party ("notifying party") who desires to terminate this Agreement for breach or non-performance of the other party ("notified party") shall give the notified party notice in writing of the notifying party's desire to terminate this Agreement describing the breach or non-performance of this Agreement entitling it to do so. The notified party shall have five (5) days from the date of such notice to cure the breach or non- performance. Upon failure of the notified party to do so, this Agreement shall automatically terminate. b. Upon the termination of this Agreement, whether by expiration of the original or any extended term or terms hereof, or for any other reason, Contractor shall have the right, within a reasonable time after such termination to remove from City's premises any and all of Contractor's equipment and other property. Except for liability resulting from acts or omissions of a party, arising, taken or omitted prior to such termination, the rights and obligations of each party resulting from this Agreement shall cease upon such termination. Any prior liability of a party shall survive termination of this Agreement. c. In the event of dissolution, termination of existence, insolvency, appointment of a receiver, assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency law, or the service of any warrant, attachment, levy or similar process involving Contractor, City may, at its option in addition to any other remedy to which City may be entitled, immediately terminate this Agreement by notice to Contractor, in which event, this Agreement shall terminate on the notice becoming effective. Standard Agreement for Contract Services 2014.01 Page 5 of 8 12. Notice. Required notices to the Contractor shall be in writing, and shall be either hand- delivered to the Contractor, its employees or agents, or mailed to the Contractor by certified mail at the following address: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Notices shall be deemed effective on the date of receipt. Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 13. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 14. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 15. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by the Contractor under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Agreement shall contain similar Data Practices Act compliance language. 16. Non-Discrimination. During the performance of this Agreement, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor Standard Agreement for Contract Services 2014.01 Page 6 of 8 further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 17. Conflicts. No salaried officer or employee of the City and no member of the Council, or Commission, or Board of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the agreement void. 18. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 19. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 20. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 25. Waiver. No action nor failure to act by the City or the Contractor shall constitute a waiver of any right or duty afforded any of them under the Agreement, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. Standard Agreement for Contract Services 2014.01 Page 7 of 8 26. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 27. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager y;`, �, � I-23-( 7 Its: 410S- I Standard Agreement for Contract Services 2014.01 Page 8 of 8 EXHIBIT A CITY OF EDEN PRAIRIE PARKS AND RECREATION DEPARTMENT BIDDING AND CONTRACT DOCUMENTS FOR 2017 HOCKEY RINK CONSTRUCTION Miller Park 8405 Shoreline Drive Eden Prairie, MN Bids Due: 3:00 p.m., January 20,2017 City of Eden Prairie Attn: Bill Olmschenk 15150 Technology Drive Eden Prairie, MN 55344 952-949-8536 Email: bolmschenk@edenprairie.org REQUEST FOR PROPOSAL AND BID FOR OUTDOOR HOCKEY RINK CONSTRUCTION Parks and Recreation Department City of Eden Prairie GENERAL The project is located in Eden Prairie, Minnesota. The project will consist of construction of one hockey rink at Miller Park. Refer to the plan for details. AWARD OF CONTRACT The City will award one contract for the entire project to the responsible bidder submitting the lowest bid on the work. The City reserves the right to reject any or all quotes,waive minor irregularities and informalities therein and further reserves the right to award the contract in the best interests of the City. PROJECT SCHEDULE The Contractor will be allowed to start construction after April 28, 2017, and finish by October 6, 2017. CITY RESPONSIBILITY 1. The City will remove the existing hockey rink and dispose of it. 2. The City will grade the area level where the new hockey rink will be constructed. 3. The City will assist in measuring out the location and size of the new rink. 4. The City will attach all the wood material to the metal frame work of the rink. 5. The City will do any finish grading and seed around the construction site when the contractor is done. CONTRACTOR RESPONSIBILITY 1. The contractor shall supply and assemble all the metal framework of the hockey rink. Page 2 of 10 2. The contractor shall install all the posts and fencing around the rink. 3. The contractor shall install a double swinging gate 12'wide for equipment access. 4. The contractor shall install two player gates on the West side of the rink SPECIFICATIONS GENERAL Description of Work: This section includes chain link fencing,posts and related hardware. Quality Assurance: Single source responsibility—obtain chain link fence and all components from a single source/manufacturer. PRODUCTS Chain Link Fencing Fabric: One-piece, galvanized coated wire per ASTM A491. Manufacturer to provide a minimum 25-year warranty against failure due to rust or corrosion. Project included 9-gauge and 6-gauge wire as noted on the plans. Mesh is to have 2-inch uniform square openings. Framework: Posts,rails and braces shall be Schedule 40 hot-dipped galvanized steel pipe, conforming to ASTM F1083, with not less than 1.8 oz. zinc per square foot of surface area coated. All posts shall have matching caps and hardware to accept rails and braces. Framework components shall be sized according to the plans and details. Miscellaneous hardware, connectors and fasteners shall be hot-dipped galvanized according to ASTM F626. Footings: All posts shall be driven into place. Concrete footings shall not be used. Installation--Install fence in compliance with ASTM F 567 Driving Posts: All posts shall be driven to depth noted in the plans. Setting Posts,Rails and Bars: Carefully plan and lay out materials prior to installation to maintain a true and level installation. Install post and rails as required by the manufacturer or as shown in the plans, evenly spaced to accept fabric. Fence Fabric: Install fabric on rink side of fence. Pull fabric taut and attach to posts,rails and braces. Position fabric with bottom approximately 1/2-inch above top rail of boards. Cut fabric to form one continuous piece between terminal posts. Attach fabric at terminal or corner posts using tension bars and tension bands,threading tension bars through fabric. Tension band spacing shall not exceed 15" on center. Attach fabric to line posts using wire ties or clips at a spacing not exceeding 15" on-center. Install fabric and anchor framework so that fabric remains in tension after pulling force is released. Page 3 of 10 Install nuts for tension bands and hardware bolts on side of fence opposite fabric side. Cleanup and Protection Upon completion, remove all unused or cut wire, pipe and accessories. Protect fencing from damage from construction operation until all work is complete and has been accepted. METAL FABRICATIONS GENERAL Description of Work Metal fabrications include items made from iron and steel shapes,plates, bars, strips,tubes,pipes and castings. • Extent of metal fabrications is indicated on drawings and schedules. • Types of work in this section include material fabrications for hockey board supports and hardware. Quality Assurance Materials and methods of construction shall comply with applicable standards from: 1. American Institute of Steel Construction(AISC) 2. American Welding Society (AWS) 3. American Society for Testing and Materials (ASTM) 4. National Association of Architectural Metals (NAAMM) Shop Assembly: Pre-assemble items in shop to greatest extent possible to minimize field splicing and assembly. Disassemble units only as necessary for shipping and handling limitations. Clearly mark units for reassembly and coordinated installation. PRODUCTS AND MATERIALS Metal Surfaces, General For fabrication of miscellaneous metal work which will be exposed to view, use only materials which are smooth and free of surface blemishes including pitting, seam marks,roller marks,rolled trade names and roughness. All metals shall be hot-dipped galvanized. Steel Pipe ASTM A 53,type and grade (if applicable) as selected by fabricator and as required for design loading. Brackets, Flanges and Anchors Cast or formed metal of the same type material and finish as supported rails,unless otherwise indicated. Page 4 of 10 FABRICATION Workmanship Use materials of size and thickness indicated or if not indicated, as required to produce strength and durability in finished project for use intended. Work to dimensions indicated or accepted on shop drawings, using proven details of fabrication and support. Use type of materials indicated or specified for various components of work. Exposed Work Must be true to line and level with accurate angles and surfaces and straight sharp edges. Ease exposed edges to a radius of approximately 1/32" unless otherwise indicated. Form bent-metal corners to smallest radius possible without causing grain separation or otherwise impairing work. • Weld corners and seams complying with AWS recommendations. • Provide for anchorage of type indicated, coordinated with supporting structure. Fabricate and space anchoring devices to provide adequate support for intended use. • Cut,reinforce, drill and tap miscellaneous metal work as indicated to receive finish hardware and similar items. • Fabricate joints that will be exposed to weather in a manner to exclude water or provide weep holes where water may accumulate. EXECUTION Preparation Field measurements—Take field measurements prior to preparation of shop drawings and fabrication,where possible. Do not delay job progress, allow for trimming and fitting where taking field measurements before fabrication might delay work. Coordinate and furnish anchorages—Setting drawings, diagrams, instructions and directions for installation of anchorages, such as concrete inserts, sleeves, anchor bolts and miscellaneous items having integral anchors,which are to be embedded in concrete or masonry construction. Coordinate delivery of such items to project site. Installation Fastening to in-place construction—Provide anchorage devices and fasteners where necessary for securing miscellaneous metal fabrications to in-place construction including threaded fasteners for concrete and masonry inserts,toggle bolts,through-bolts, wood screws and other connectors as required. Cutting, fitting and placement—Perform cutting, drilling and fitting required for installation of miscellaneous metal fabrications. Set work accuratelyin location, alignment and elevation,plus level,true and free of rack,measured from established lines and levels. Provide temporary bracing or anchors in formwork for items which are to be built into concrete masonry or similar construction. Page 5 of 10 Fit exposed connection—accurately together to form tight hairline joints. Weld connections which are not to be left as exposed joints but cannot be shop welded because of shipping size limitations. Grind exposed joints, smooth and touch-up shop paint coat. Do not weld, cut or abrade the surfaces of exterior units which have been hot-dip galvanized after fabrication and are intended for bolted or screwed field connections. Field welding—Comply with AWS code for procedures of manual shielded metal-arc welding, appearance and quality of welds made and methods used in correcting welding work. Setting loose plates—Clean concrete and masonry bearing surfaces of any bond-reducing materials and roughen to improve bond to surfaces. Clean bottom surface of bearing plates. Set loose leveling and bearing plates—on wedges or other adjustable devices. After the bearing members have been positioned and plumbed,tighten the anchor bolts. Do not remove wedges or shims but if protruding, cut off flush with the edge of the bearing plate before packing with grout. Use metallic non-shrink grout in concealed locations where not exposed to moisture, use non- metallic non-shrink grout in exposed locations, unless otherwise indicated. Adjust and Clean For galvanized surfaces—Clean field welds,bolted connections and abraded areas and apply galvanizing repair paint to comply with ASTM A 780. III Page 6 of 10 GENERAL CONTRACTOR INFORMATION AWARD OF CONTRACT The City of Eden Prairie will award one contract for this entire project to the responsible bidder submitting the lowest bid meeting all performance and required criteria as set forth by this set of contract documents,plans and specifications. OWNER The City of Eden Prairie is designated as Owner. All work shall be on public property. The contractor shall confine his operation at all times, staying within the limits of the property. Any repairs or restorations outside the property limits required due to the contractor's carelessness shall be repaired by the contractor at his expense. All questions regarding this contract shall be addressed to the Park Construction Supervisor or the Manager of Parks and Natural Resources. All references to Engineering or City Engineer shall be changed to Parks and Natural Resource Department or Manager of Park and Natural Resources Department as appropriate. PROJECT COMPLETION The contractor shall start work upon authorization from the City. The contractor shall complete all work by October 6,2017,having it ready for Owner inspection. TAXES The contractor shall pay all sales, consumer, use and other taxes required to be paid by him in accordance with the law of the place where the work is to be performed. SITE REVIEW Consultants submitting bids must visit the site and should contact Bill Olmschenk, Park Construction Supervisor at 952-949-8536 to arrange an inspection tour of the site. PRE-CONSTRUCTION CONFERENCE Prior to the start of any work, there will be a pre-construction conference arranged by the Park Construction Supervisor. Representatives of the City,the Contractor and Project Foreman will be notified to be present at the meeting. At this meeting,the contractor shall submit in writing,to the Park Construction Supervisor for approval, a schedule which shall essentially indicate the number of crews to be employed, locations of work for each crew, time schedule and sequence of moves. Page 7 of 10 SHIPMENT OF MATERIALS Before making any shipment of materials to the site, Contractor shall ascertain whether the site is in a condition to receive the shipment. Where this provision is neglected and material is delivered to the site when the latter is not in condition re receive it, such materials shall be properly stored elsewhere at the Contractor's expense and adequate insurance coverage provided for off-site storage. STORAGE OF MATERIAL ON- OR OFF-SITE Contractor shall provide storage as required to protect and preserve all materials stored at the site. Do not store materials directly on the ground. Confine storage to areas designated by the City. Owner shall not sign for or be responsible for materials delivered to the site. DRAINAGE The contractor shall not change or redirect existing drainage patterns without authorization and approval by the City. TEMPORARY ENCLOSURES,BARRICADES AND FENCES The Contractor shall provide and maintain all necessary temporary enclosures and barricades to adequately protect the work and materials from the elements and persons not involved with construction. The contractor shall remove all temporary enclosures, barricades and fences upon completion of the work. LAYOUT MONUMENTS The Contractor is responsible for layout and shall maintain all stakes and reference points necessary to accomplish the work. Service entrance shall be designated at preconstruction meeting. PROTECTION OF EXISTING FACILITIES The Contractor shall provide for and be responsible for protection of existing pavements, utilities, fencing, etc. In general, all existing materials, surfaces, sod, etc., which are damaged by the Contractor outside the construction limits shall be repaired and restored to an original and functional condition. UTILITIES It will be the contractor's responsibility to verify all utility locations, including those belonging to the utility companies or the City. Should the contractor damage any utilities or irrigation lines, it will be the contractor's responsibility to repair those lines to the satisfaction of the Park Construction Supervisor before the final retainer is paid. Page 8 of 10 WORKING HOURS Working hours shall be from 7:00 a.m. until 7:00 p.m. Monday through Friday. CLEANUP All work areas shall be returned to a condition equal to or better than was in existence at the beginning of the project. All construction debris, including excavated soils, shall be removed and disposed of in a manner satisfactory to the City. PAYMENT Payment for materials and fabrication shall be made at the start of the project. Final payment will be received after substantial completion of the project. TRAFFIC CONTROL The Contractor shall provide traffic control according to the Minnesota Manual on Uniform Traffic Control Devices as needed. Such traffic control may include but not be limited to flag persons, barricades, signing and cones. Provisions of such traffic control are incidental. WARRANTY The Contractor shall warranty all materials and workmanship for a period of one (1) year for work performed under this contract. Such a warranty period shall commence upon completion and acceptance of the work. In the event any defect in materials or workmanship is found within the one year period, the defect shall be corrected and then the warranty shall be for a period of two (2) years following the acceptance date. Ii Page 9 of 10 PROPOSAL FORM Miller Park Outdoor Hockey Rink Construction Rink The undersigned has examined and understands the attached specifications and hereby proposes to furnish all equipment and materials required for the construction of the hockey rink, with said specifications listed below: ITEM UNIT PRICE AMOUNT 1. hi-ground post installation 7 s 90 $ 713`to— 2. Sleeve and framework construction $ 3. Chain link fence installation(end and radius) $ `0 4. One equipment gate 12'installed $ $ Z $ 1 ( GP 5. Two(2)player gates 3 $ TOTAL $ .41 ; CZ9 The undersigned declares that(s)he has the proper equipment to perform the work as specified — herein and further agrees that failure to provide such equipment may be grounds for cancellation of this contract. .------ ' • 4 itt-r. cRA &D>c =.7.7-. „_ _,,,, ,,iiire.... . . FIRM Ag 7 Address 141114PAA kMiillid (''' 1 r 4 :7-OPP VIS 1 11(li. * 5-- ' 3(-(r Au '•o • ed lf.11.' City State Zip M,C)),A ,S.Lf—iie\II ,/,‘ 0 ) UZ—SL/S— 500q 1 Printe Name Telephone No. 0 '11Pitle • Addendum • RayFinley --Z0-1 . Y rayfinley@gwestoffice.net C) 612-363-3004 Page 10 of 10 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 14, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.L. Bill Olmschenk, Accept bids and award the contract for 2017 Parks Construction Supervisor, Round Lake Tennis Court Resurfacing to Parks and Recreation Finley Bros. Inc. Motion Move to: Accept bids and award the contract for the Tennis Court Resurfacing at Round Lake Park at 16691 Valley View Road to Finley Bros. Inc, in the amount of $25,730.00. Synopsis Round Lake Park tennis courts are next to the Community Center and Eden Prairie High School. These are the primary Eden Prairie high school and summer camp courts. They get a very large number of users. They are in need of resurfacing and recolor coating. The last time they were recoated was in 2009. They have faded and some minor peeling and flaking is showing up. Background The scope of this project is to mill raised cracks flush with the surrounding surface, clean and wash surface as required, fill all cracks with acrylic patch binder, tape, patch, as needed for proper drainage. Apply a 4-coat color system using Laykold Acrylic resurfacer with filler and Laykold Acrylic Color with filler. The courts will be lined for 8 USTA tennis courts and 4 USTA quick start courts. The funding for this rehabilitation project comes from the Capital Improvement Program, Park Improvement funding under the Parks and Recreation Department. Bid Summary and Recommendation The summary of the bids submitted is as follows: Finley Bros. Inc $25,730.00 DERMCO-LaVINE Construction $51,245.00 Attachment Standard Agreement for Contract Service Standard Agreement for Contract Services This Agreement ("Agreement") is made on the 14th day of February, 2017, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Finley Bros. Inc., a Minnesota company (hereinafter "Contractor")whose business address is PO Box 677, Hopkins, MN 55343. Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of services by Contractor for Round Lake Park Tennis Court Resurfacing hereinafter referred to as the"Work". The City and Contractor agree as follows: 1. Scope of Work. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. The terms of this Agreement shall take precedence over any provisions of the Contractor's proposal and/or general conditions. 2. Effective Date and Term of Agreement. This Agreement shall become effective as of February 14th 2017. The Agreement shall continue for one (1) year thereafter, and automatically renew from year to year after expiration of said one year period except that this Agreement may be terminated at the end of any one (1) year period with sixty (60) days prior written notice from either party. 3. Obligations of Contractor. Contractor shall conform to the following obligations: a. Contractor shall provide the materials and services as set forth in Exhibit A. b. Contractor and its employees will park in service areas or lots and use entries and exits as designated by City. Contractor's personnel will contact the appropriate person (i.e. receptionist, maintenance personnel, security, etc,) immediately upon entering the building, and will sign in and out if required by City. c. Care, coordination and communication by Contractor is imperative so that guests and employees in the buildings are not disturbed or inconvenienced during the performance of the contracted services. d. Contractor's personnel must be neat appearing, wear a uniform and badge that clearly identifies them as a service contractor, and abide by City's no smoking policies. e. Contractor must honor the City's request to reassign an employee for cause. Cause may include performance below acceptable standards or failure to present the necessary image or attitude, in the judgment of the owner, to present a first class operation. f. When necessary, Contractor's personnel will be provided with keys or access cards in order to perform their work. Any lost keys or cards that result in rekeying a space or other cost to the City will be billed back to the Contractor. 4. City's Obligations. City will do or provide to Contractor the following: a. Provide access to City properties as appropriate. b. Provide restroom facilities as appropriate. c. d. 5. Compensation for Services. City agrees to pay the Contractor a fixed sum of $25,730.00 as full and complete payment for the labor, materials and services rendered pursuant to this Agreement and as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 6. Method of Payment. a. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. b. Claims. To receive any payment on this Contract, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." c. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid. 7. Project Manager. The Contractor has designated Ray Finley to Manage the Work. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the designated manager without the approval of the City. 8. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Contract. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 9. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall Standard Agreement for Contract Services 2014.01 Page 2 of 8 include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General Liability $1,500,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products—Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain "stop gap" coverage if Contractor obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. e. All policies, except the Worker's Compensation Policy, shall name the "City of Eden Prairie" as an additional insured on ISO forms CG 20 10 07 04 or CG 20 10 04 13; and CG 20 37 07 04 or CG 20 37 04 13, or their equivalent. f. All policies shall apply on a "per project" basis. g. All polices shall contain a waiver of subrogation in favor of the City. h. All policies shall be primary and non-contributory. Standard Agreement for Contract Services 2014.01 Page 3 of 8 i. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Agreement. j. Contractor agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City's written acceptance of the Work. k. It shall be Contractor's responsibility to pay any retention or deductible for the coverages required herein. I. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days' prior notice to the City, except that if the cancellation or non- renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten (10) days' prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor's Work. Upon request a copy of the Contractor's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City's right to enforce the terms of Contractor's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor's Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. Standard Agreement for Contract Services 2014.01 Page 4 of 8 If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 10. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 11. Termination. a. This Agreement may be terminated at any time by either party for breach or non- performance of any provision of this Agreement in accordance with the following. The party ("notifying party") who desires to terminate this Agreement for breach or non-performance of the other party ("notified party") shall give the notified party notice in writing of the notifying party's desire to terminate this Agreement describing the breach or non-performance of this Agreement entitling it to do so. The notified party shall have five (5) days from the date of such notice to cure the breach or non- performance. Upon failure of the notified party to do so, this Agreement shall automatically terminate. b. Upon the termination of this Agreement, whether by expiration of the original or any extended term or terms hereof, or for any other reason, Contractor shall have the right, within a reasonable time after such termination to remove from City's premises any and all of Contractor's equipment and other property. Except for liability resulting from acts or omissions of a party, arising, taken or omitted prior to such termination, the rights and obligations of each party resulting from this Agreement shall cease upon such termination. Any prior liability of a party shall survive termination of this Agreement. c. In the event of dissolution, termination of existence, insolvency, appointment of a receiver, assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency law, or the service of any warrant, attachment, levy or similar process involving Contractor, City may, at its option in addition to any other remedy to which City may be entitled, immediately terminate this Agreement by notice to Contractor, in which event, this Agreement shall terminate on the notice becoming effective. Standard Agreement for Contract Services 2014.01 Page 5 of 8 12. Notice. Required notices to the Contractor shall be in writing, and shall be either hand- delivered to the Contractor, its employees or agents, or mailed to the Contractor by certified mail at the following address: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 • Notices shall be deemed effective on the date of receipt. Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 13. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 14.Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 15. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by the Contractor under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Agreement shall contain similar Data Practices Act compliance language. 16. Non-Discrimination. During the performance of this Agreement, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor Standard Agreement for Contract Services 2014.01 Page 6 of 8 further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 17. Conflicts. No salaried officer or employee of the City and no member of the Council, or Commission, or Board of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the agreement void. 18. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 19. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 20. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 25. Waiver. No action nor failure to act by the City or the Contractor shall constitute a waiver of any right or duty afforded any of them under the Agreement, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. Standard Agreement for Contract Services 2014.01 Page 7 of 8 26. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 27. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager e --11 TO-Ng G I—���7 Its: A lia Standard Agreement for Contract Services 2014.01 Page 8 of 8 EXHIBIT A Quotation To: Eden Prairie Parks Maintenance From: Finley Bros. Inc. 8080 Mitchell Road d.b.a. Tennis West Eden Prairie, Mn. P 0 Box 677 Hopkins, Mn. 5534 Attn: Bill Olmschenk o.) 763-478-5617 C.) 612-386-0879 fx.) 763-478-5615 O.) 952-949-8536 Fx.) 952-294-5955 Re: Round Lake Tennis Courts. Spring 2017 Base Bid: Resurface a battery of eight (8) doubles tennis courts . Area: approx.. 53,500 sq. ft. a.) Pressure wash courts. Owner to provide water source. b.) Remove any delaminating surface materials. c.) Clean, treat and fill structural cracks with standard crack filling technique. ( This does not include the Armor Crack Repair System ). d.) Patch and level "bird bath" areas. e.) Install Laykold Color Surface System for existing asphalt tennis surfaces. ( min. 2 filler coats and 2 color coats. ) Color(s): Open Blue courts w. grleen border areas. f.) Stripe for doubles tennis (8) and USTA Quick Start (4). Lump Sum Bid $ 25,730.00 ( Includes fasteners, lift, netting, supplied & installed ) '411004 Respectfully submitted, Raymond S. Fin ( 1-20-17 ) c.) 612-363-3004 Estimate accepted: Date: CITY COUNCIL AGENDA DATE: February 14, 2017 SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: VIII.M. Jay Lotthammer, Director, Amendment to the Professional Service Parks and Recreation Agreement with Weitzman Studios, Inc. Requested Action Move to: Approve the Amendment to the professional service agreement with Weitzman Studios, Inc. to include the fabrication of the custom form liners for the SWLRT bridge piers on Prairie Center Drive that they designed. Synopsis The City of Eden Prairie has been working with designer Steven Weitzman to create a unique public art project that will span over 7 bridge piers across Prairie Center Drive as a part of the SWLRT project. Two original compositions are split into four sections that are layered on the piers to reveal more of the artwork as the bridge piers grow. Background Information The pier designs were chosen by a committee of City staff from two proposals that were solicited by the City's public art RFQ process. Designs were reviewed by the Parks, Recreation and Natural Resources Commission and the artists modified them based on their input. Weitzman presented several drafts before the final work was approved by city staff and the SWLRT project office. Attachment Amendment First Amendment to Standard Agreement for Professional Services This First Amendment to Standard Agreement for Professional Services (Amendment) is made on the 14th day of February, 2017, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Weitzman Studios, Inc., a Company (hereinafter "Consultant") whose business address is 3413 Windom Road Brentwood, Maryland 20722. WHEREAS City and Consultant entered into a Standard Agreement for Professional Services on the 3rtl Day of May, 2016 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. Fabricate patterns: one (1) pattern of Pattern A (EP-CS-A-1-PIER, EP-CS-A-2-PIER, EP-CS-A- 3-PIER) of the wood duck design and one (1) pattern of Pattern B (EP-CS-B-1- PIER, EP-CS- B2- PIER, and EP-CS-B-3- PIER) of the cypripedium reginae design. B. From these patterns, the Consultant will make form liners of Pattern A and B. These form liners will be made in eight (8) sections ("Set"). The Consultant will make one (1) form liner Set per pattern. C. The Consultants will coordinate shipping with the CITY and LRT project, to be limited to notifying the CITY and LRT project of pick-up availability (day(s)/time(s)) from Consultant's facility and suggesting possible freight carriers, if needed. 2. Work Commencement: This timeline commences on the first business day after the occurrence of the following two events: (a) the execution of this First Amendment by both parties, and, (b) receipt of the required deposit check (due upon the execution of this First Amendment). The first business day after the occurrence of these two events, shall hereinafter be referred to as the "Commencement Date." For purposes of this timeline, a Commencement Date of February 15, 2017 has been used. Based on this Commencement Date, all work scheduled under this First Amendment is scheduled to be completed as close to September 1, 2017 as possible, unless this date is extended by delays caused by City. If the actual Commencement Date is after February 15, 2017, all dates in this timeline will be changed accordingly by a like number of business days. Also, any delays in approvals or receipt of payments required to be made to Consultant will correspondingly delay the delivery dates set forth in this timeline. 1 3. Compensation for Services: Paragraph 3 is amended to state that the City agrees to pay the Consultant the sum of $50,260 for one (1) complete custom form liner set each of Pattern A and B. Payment for the Form Liners shall be due and payable as follows: A) Initial Deposit Payment: $25,130.00 due upon execution and return of this PO by City; B) Final Payment: $25,130.00 due from City upon completion of fabrication of Form Liners, which would be available to City at our facility in Brentwood, MD for their approval in person, by photo or video prior to being available for pick up by City. 4. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 5. 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. 6. Binding. This Amendment shall be binding upon and unsure to the benefit of the parties hereto. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager Weitzman Studios, Inc. By: Its: 2 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 14, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.N. Matt Bourne, Parks &Natural Resolution for the Purchase of Tax Resources Manager Forfeited Properties Requested Action Move to: Adopt the Resolution regarding the purchase of tax forfeited properties within Eden Prairie. Synopsis Hennepin County Taxpayer Services staff has notified the City of multiple undeveloped land parcels within the city that have been listed as tax forfeited property. These properties have been pronounced tax forfeited to the State of Minnesota for non-payment of property tax. The parcels of property are legally described as: • PID#29-116-22-22-0165 Heritage Village Outlot B • PID#05-116-22-44-0033 Unplatted • PID# 18-116-22-31-0070 Windfield 3rd Addition Outlot B • PID# 18-116-22-31-0071 Windfield 3rd Addition Outlot C Background There are a large number of tax forfeited properties within the City that have been sitting under State control for a number of years.Hennepin County staff has recently reached out to City staff to see if we had interest in any of these parcels being conveyed or sold to the City. These four parcels are the first that City staff has identified that we believe would be in the City's best interest to take over ownership. Recommendation Staff recommends purchasing these parcels for the appraisal price outlined below: • PID#29-116-22-22-0165 -$100 plus$80.70 in taxes and fees • PID#05-116-22-44-0033 -$1000 plus$109.40 in taxes and fees • PID#18-116-22-31-0070-$100 plus$80.70 in taxes and fees • PID#18-116-22-31-0071 -$100 plus$80.70 in taxes and fees Attachments • Resolution • Parcel Maps • Purchase Cost Statements CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2017- RESOLUTION ADVISING THE DISPOSITION OF TAX FORFEITED LAND WHEREAS, the City of Eden Prairie has received from the County of Hennepin notification which lists property in said municipality which have become property of the State of Minnesota for nonpayment of real estate taxes; and WHEREAS,provided in Minnesota Statute 282, the City Council is asked to give input regarding the disposition of these parcels of land; and WHEREAS, the City has been notified that Hennepin County has held a public meeting to take public input related to the property as provided for in Minnesota Statute 282; and WHEREAS,the City may request that the property be sold to the City or provide input to the County Board of the suggested disposition of the property. NOW, THEREFORE, BE IT RESOLVED that the City of Eden Prairie does have an interest in requesting the Board of Hennepin County sell these land parcels to the City and does advise the Board of Hennepin County to dispose of the parcels in the following way: Parcel 1 —PID 29-116-22-22-0165 with no pending special assessments, should be sold to the City of Eden Prairie for road right-of-way use. Parcel 2—PID 05-116-22-44-0033 with no pending special assessments, should be sold to the City of Eden Prairie for conservation use. Parcel 3 —PID 18-116-22-31-0070 with no pending special assessments, should be sold to the City of Eden Prairie for park use. Parcel 4—PID 18-116-22-31-0071 with no pending special assessments, should be sold to the City of Eden Prairie for park use. ADOPTED by the City Council of the City of Eden Prairie this 14th day of February, 2017. 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[in" it wm -„ Description kif d llt. ,j ;'' 0I 0.0325I I 0.065 T^ mI I I mI DISCLAIMER:The City of Eden Prairie does not warrant the accuracy nor the correctness_ _ of the information contanetl in Ms map It s your responsibility to very the accuracy this�I. � ofnformation In no event wl The City of Eden Prare be liable for any damages ncluding loss of business,lost profitsnf business orruption loss of business Information _ ''• '-� MI I I I I I m I 'Any aerel photography and parcel geometry wasoManed ham Hennepin County and SI a other pecunary loss that nsght arse Han the use of the map or the nfomiaton it users are bound by the express written contract between Hennepin County and Ina City contains.Map information is believed to be accurate but accuracy is not guaranteed. 0 0.0325 0.065 Scale: 1:2,400 o EtlenPabie. An boob ber reported to The City of Eden Prairie. ` Any or omissions epor ryo Hennepin County Resident and Real Estate Services Tax Forfeited Land Cost Sheet for Governmental Subdivision From: Michael Wolf- Property Management Specialist Date: 01/19/17 Direct: 612-348-5102 PREPARED Eden Prarie Matt Bourne 952-949-8535 mbourne@edenprarie.org PROPERTY ID# 29-116-22-22-0165 NER#01650S PURCHASE COSTS: Assessed Value $100.00 Specials After Forfeiture $0.00 Assurance Fee (3%) $3.00 State Deed Preparation Fee: $25.00 Filing Fees: {TFL to file deed} $51.00 State Deed Tax: { $ 1.70/$500 or part thereof- see chart } $1.70 TFL Holding Costs per MN Statute 282.01 Subd 1. $0.00 FULL PAYMENT REQUIRED: Total: $180.70 DATE PREPARED: 01/19/17 * VALID THROUGH: 03/19/17 CERTIFIED FUNDS PAYABLE AT TIME OF APPLICATION MAKE PAYABLE TO: HENNEPIN COUNTY TREASURER SUBJECT PARCEL: 61 Address Unassigned PID NUMBER: 29-116-22-22-0165 *Hennepin County reserves the right to update cost at anytime Cost Estimate Only Revised 6/09/2015 Hennepin County Resident and Real Estate Services Tax Forfeited Land Cost Sheet for Governmental Subdivision From: Michael Wolf- Property Management Specialist Date: 01/10/17 Direct: 612-348-5102 PREPARED Eden Prarie Matt Bourne 952-949-8535 mbourne@edenprarie.org PROPERTY ID# 05-116-22-44-0033 NER#01502� PURCHASE COSTS: Assessed Value $1,000.00 Specials After Forfeiture $0.00 Assurance Fee (3%) $30.00 State Deed Preparation Fee: $25.00 Filing Fees: {TFL to file deed} $51.00 State Deed Tax: { $ 1.70/$500 or part thereof- see chart } $3.40 TFL Holding Costs per MN Statute 282.01 Subd 1. $0.00 FULL PAYMENT REQUIRED: Total: $1,109.40 DATE PREPARED: 01/10/17 * VALID THROUGH: 03/10/17 CERTIFIED FUNDS PAYABLE AT TIME OF APPLICATION MAKE PAYABLE TO: HENNEPIN COUNTY TREASURER SUBJECT PARCEL: 61 Address Unassigned PID NUMBER: 05-116-22-44-0033 *Hennepin County reserves the right to update cost at anytime Cost Estimate Only Revised 6/09/2015 Hennepin County Resident and Real Estate Services Tax Forfeited Land Cost Sheet for Governmental Subdivision From: Michael Wolf- Property Management Specialist Date: 01/19/17 Direct: 612-348-5102 PREPARED Eden Prarie Matt Bourne 952-949-8535 mbourne@edenprarie.org PROPERTY ID# 18-116-22-31-0070 NER#014525, PURCHASE COSTS: Assessed Value $100.00 Specials After Forfeiture $0.00 Assurance Fee (3%) $3.00 State Deed Preparation Fee: $25.00 Filing Fees: {TFL to file deed} $51.00 State Deed Tax: { $ 1.70/$500 or part thereof- see chart } $1.70 TFL Holding Costs per MN Statute 282.01 Subd 1. $0.00 FULL PAYMENT REQUIRED: Total: $180.70 DATE PREPARED: 01/19/17 * VALID THROUGH: 03/19/17 CERTIFIED FUNDS PAYABLE AT TIME OF APPLICATION MAKE PAYABLE TO: HENNEPIN COUNTY TREASURER SUBJECT PARCEL: 61 Address Unassigned PID NUMBER: 18-116-22-31-0070 *Hennepin County reserves the right to update cost at anytime Cost Estimate Only Revised 6/09/2015 Hennepin County Resident and Real Estate Services Tax Forfeited Land Cost Sheet for Governmental Subdivision From: Michael Wolf- Property Management Specialist Date: 01/19/17 Direct: 612-348-5102 PREPARED Eden Prarie Matt Bourne 952-949-8535 mbourne@edenprarie.org PROPERTY ID# 18-116-22-31-0071 NER#01452E PURCHASE COSTS: Assessed Value $100.00 Specials After Forfeiture $0.00 Assurance Fee (3%) $3.00 State Deed Preparation Fee: $25.00 Filing Fees: {TFL to file deed} $51.00 State Deed Tax: { $ 1.70/$500 or part thereof- see chart } $1.70 TFL Holding Costs per MN Statute 282.01 Subd 1. $0.00 FULL PAYMENT REQUIRED: Total: $180.70 DATE PREPARED: 01/19/17 * VALID THROUGH: 03/19/17 CERTIFIED FUNDS PAYABLE AT TIME OF APPLICATION MAKE PAYABLE TO: HENNEPIN COUNTY TREASURER SUBJECT PARCEL: 61 Address Unassigned PID NUMBER: 18-116-22-31-0071 *Hennepin County reserves the right to update cost at anytime Cost Estimate Only Revised 6/09/2015 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda February 14, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO: VIII.O. Office of City Manager Adopt Resolution Authorizing Prepayment of Sue Kotchevar, Finance Lease and Redemption of Outstanding Bonds Manager of the Housing and Redevelopment Authority Requested Action Move to: Adopt Resolution Authorizing Prepayment of Lease and Redemption of Outstanding Bonds of the Housing and Redevelopment Authority. Synopsis The City's financial advisor recommended the prepayment of the 2007A bonds. There is an opportunity refinance the bonds but the added cost to refinance the Lease Revenue Bonds makes the prepayment option attractive. The prepayment will save the City $303,300 in interest and $23,650 in paying agent fees. The City will use General Fund - fund balance to prepay the $1,065,000 in bonds and will continue to "charge" ourselves going forward to repay the amount back. We currently pay $130,000 annually out of the community center operations to pay the debt annually. It will take approximately 8 years to pay ourselves back. If we were to refinance, it would cost approximately$33,000 in issuance fees. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2017-27 RESOLUTION AUTHORIZING PREPAYMENT OF LEASE AND REDEMPTION OF OUTSTANDING BONDS OF THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE WHEREAS, the Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota (the "Authority"), has issued its Public Facility Lease Revenue Bonds, Series 2007A, dated, as originally issued, as of June 1, 2007 (the "Bonds"), in the original principal amount of $1,630,000, of which $1,065,000 in aggregate principal amount is currently outstanding. WHEREAS, the proceeds of the Bonds were applied as described in a Trust Indenture dated as of June 1, 2007 (the "Indenture"), between the Authority and Wells Fargo Bank, National Association, as trustee (the "Trustee"), to finance the construction of an ice rink addition to the Eden Prairie Community Center (the "Project"). The Project was leased to the City, with an option to purchase, pursuant to a Lease-Purchase Agreement dated as of June 1, 2007 (the"Lease"), between the Authority and the City. WHEREAS, Section 10.1 of the Lease provides that the City may prepay the purchase price of the Project on any date on or after January 1, 2016 (the "Prepayment Option"), for a purchase price equal to, calculated as of the date the Bonds are to be redeemed, the aggregate unpaid principal amount, plus interest accrued and due (the"Purchase Price"). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota(the "City"), as follows: Section 1. The City hereby elects to exercise its Prepayment Option under the Lease and an authorized representative of the City has heretofore or will give notice to the Authority and Trustee of such election. Any action heretofore taken by City staff with respect to such notice and exercise of the Prepayment Option is hereby ratified. Staff action necessary to redeem the bonds is hereby approved. Section 2. On or before April 3, 2017 (the "Redemption Date"), on which date the outstanding Bonds maturing January 1 in the years 2018 through 2028 shall be redeemed, the City will pay to the Trustee, on behalf of the Authority, the Purchase Price. Section 3. The City hereby requests the Authority call for the redemption of the Bonds on the Redemption Date pursuant to the terms of the Indenture. ADOPTED by the Eden Prairie City Council on February 14, 2017. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk CERTIFICATION OF MINUTES RELATING TO PREPAYMENT OF LEASE AND REDEMPTION OF OUTSTANDING BONDS Entity: City of Eden Prairie, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting held February 14, 2017, at 7:00 p.m., at the Council Chambers at the City Center. Members present: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Kathy Nelson, and Ron Case Members absent: Documents Attached: Minutes of said meeting (including): RESOLUTION NO. 2017-27 RESOLUTION AUTHORIZING PREPAYMENT OF LEASE AND REDEMPTION OF OUTSTANDING BONDS OF THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE I, the undersigned, being the duly qualified and acting recording officer of the public corporation referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to the topic of this resolution; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer this day of February, 2017. City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent February 14, 2017 DEPARTMENT/DIVISION ITEM DESCRIPTION: ITEM NO.: VIII.P. Community Development Approve Cooperative Agreement with Janet Jeremiah Hennepin County for Green Line Extension & Southwest Corridor Investment Framework Requested Action Move to: Approve Cooperative Agreement with Hennepin County to further the goals of the Green Line Extension and Southwest Corridor Investment Framework. Synopsis Hennepin County is requesting an update to our cooperative agreement to allow certain projects related to the Green Line extension to be considered for County funding. Approval of the agreement would allow projects identified in the Southwest Corridor Investment Framework to apply for funding. Many of these projects are also identified in Eden Prairie's Capital Improvement Plan and Strategic Plan for Housing & Economic Development. Background As a follow up to City and County approval of the Southwest Corridor Investment Framework, the City Council approved a Cooperative Agreement with Hennepin County on March 3, 2015. The County is now requesting approval of an updated agreement. The City Attorney reviewed the agreement and made minor modifications, which were accepted by the County. These cooperative agreements allow consideration of multijurisdictional reinvestment funding administered by the County. An example of such funding includes the Transit Oriented Development Program, The City recently passed a resolution supporting an application from Timberland Partners for County funding for a mixed use redevelopment project at Southwest Station. The City will retain its jurisdiction over all issues of local concern relating to zoning, land use, building code requirements, and compliance with all applicable city codes and ordinances. This does not obligate the City to implement any projects. Any future projects will be described in a future amendment to this Agreement and approved by each of the parties. Attachments Cooperative Agreement between the City and Hennepin County Hennepin County Contract No. A166830 COOPERATIVE AGREEMENT BETWEEN HENNEPIN COUNTY AND CITY OF EDEN PRAIRIE This Agreement is between the County of Hennepin, State of Minnesota("COUNTY"), 300 South Sixth Street, A2300, Minneapolis, MN 55487, and the City of Eden Prairie ("CITY"), 8080 Mitchell Road, Eden Prairie, MN 55344. WHEREAS, COUNTY and CITY have each provided municipal approval for the Green Line Extension Project("Green Line Extension")pursuant to state law; and WHEREAS, COUNTY and CITY have each approved the Southwest Corridor Investment Framework("Framework") dated December 2013 through respective resolutions Hennepin County Resolution 14-0490, and City of Eden Prairie Resolution No. 2014-75; and WHEREAS, the COUNTY and CITY agree that there are financial and strategic benefits of working together to further the goals of the Green Line Extension and the Framework ("Goals") and wish to document that understanding in a cooperative agreement; and WHEREAS, COUNTY and CITY plan to develop one or more projects ("Project or Projects") to further the Goals; and WHEREAS, a cooperative agreement and future Projects fit within the criteria of a multijurisdictional reinvestment program authorized under Minnesota Statutes §383B.79; and WHEREAS, COUNTY and CITY have the authority to participate in a cooperative agreement and Project pursuant to Minnesota Statutes §§383B.79 and 471.59 and other applicable law. THEREFORE, the parties agree as follows: 1. Furtherance of Goals. Pursuant to Minnesota Statutes, Section 383B.79, COUNTY and CITY enter into this cooperative agreement, and agree to work with each other to further the goals of the Green Line Extension and the Framework by attempting to develop one or more Projects subject to the following requirements: a. That the CITY retains its jurisdiction over all issues of local concern relating to zoning, land usage, building code requirements and compliance with all applicable city codes and ordinances. b. That the full faith and credit of the CITY will not be pledged as a source of payment or repayment of said Project financial obligations owed by Hennepin County. This agreement shall commence on January 1, 2017 and expire on December 31, 2020. 2. Merger and Modification. a. The entire Agreement between the parties is contained in this Agreement and supersedes all oral agreements between the parties relating to the subject matter. All items that are referenced or that are attached are incorporated and made a part of this Agreement. If there is any conflict between the terms of this Agreement and referenced or attached items, the terms of this Agreement shall prevail. b. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement and signed by the parties. • 3. Notices. Any notice or demand which must be given or made by a party under this Agreement or any statute or ordinance shall be in writing, and shall be sent registered or certified mail. Notices to the COUNTY shall be sent to the County Administrator at the address stated in the opening paragraph of the Agreement. Notice to the CITY shall be sent to the Community Development Director at address stated in the opening paragraph of the Agreement. 4. Audits. The books, records, documents, and accounting procedures and practices of the each party relevant to this agreement are subject to examination by the any party and either Legislative Auditor or the State Auditor for a period of six years after the effective date of this Agreement. 5. Termination. This Agreement terminates when the Projects, and the funding therefor, have been completed. 6. Data Practices. County and City shall, to the extent applicable, abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. 2 COUNTY BOARD AUTHORIZATION HENNEPIN COUNTY STATE OF MINNESOTA Reviewed by the County Attorney's Office By: Chair of Its Board Date: Date: ATTEST: Deputy/Clerk of County Board Date: Recommended for Approval: Director, Community Works Date: CITY OF EDEN PRAIRIE By: Its: City Manager City Department Review: Its: Community Development Director 3 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 14, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.Q. Police, Chief James DeMann Approval of 2017 Towing Services Agreement Requested Action Move to: Approve renewal of the towing services agreement between the City of Eden Prairie and Matt's Auto Service. Synopsis This agreement for Towing Services will provide consistency of towing services and costs. Background Information For 51 years Matt's Auto Service has been the official towing agency for the City of Eden Prairie. Matt's Auto Service has consistently provided the City with quality service. Matt's Auto Service provides towing/impoundment services for several other local police departments including Minnetonka, Hopkins, Deephaven, Hennepin County Sheriff and State Patrol. This is a renewal of the 2016 agreement. The proposed agreement has been reviewed and approved by the City Attorney. Attachment Agreement 2017 AGREEMENT FOR TOWING SERVICES THIS AGREEMENT, entered into this day of , 2017, between the City of Eden Prairie, 8080 Mitchell Road, Eden Prairie, MN 55344 ("City"), and Matt's Auto Service, Inc., 6282 Industrial Drive, Eden Prairie, MN 55344 ("Contractor"). In consideration of the mutual covenants contained herein, the City and Contractor agree as follows: 1. Contractor's Services. The Contractor agrees to provide all services required by the City for towing of "vehicles," as that term is defined in Minn. Stat. § 169.011, Subd. 92. These services shall be provided in accordance with the terms of this Agreement. The Contractor shall furnish the equipment, personnel, supplies, and facilities sufficient to fulfill all the terms of this Agreement. 2. Personnel. All drivers provided for the towing of vehicles shall be checked for driver's license and warrants by the City of Eden Prairie Police Department (hereinafter, the "Police Department") prior to their assignment. Contractor agrees to train all drivers in the proper towing of vehicles containing hazardous materials in accordance with federal and state laws. 3. Storage Facility. The Contractor shall provide a storage facility for towed vehicles which shall be fenced and locked in a secure manner. The facility shall have space for no fewer than 150 vehicles and shall be located within one mile of the City limits. 4. Operation. No vehicle shall be towed under this Agreement without specific authorization from an employee or agent of the City. All vehicles shall be towed, not driven (except when authorized) without damage to the vehicles, to the storage facility. Contractor shall maintain and provide a telephone answering service 24 hours a day for the purpose of receiving requests for service pursuant to this Agreement, and provide and maintain mobile radio service with all towing units. 5. Notification of Owner. Upon the deposit of a towed vehicle in the storage facility, the Contractor shall, within 72 hours, send to the registered owner a notice by certified mail specifying the date and place of the tow, the year, make, model, and serial number of the vehicle towed, if such information can be reasonably obtained, and the procedure to reclaim the vehicle. A record of this notice shall be retained by the Contractor. 6. Release. No vehicle shall be released without proper proof of ownership. Vehicles ordered held by the Police Department ("Police Hold") shall not be released without written authorization from the Police Department. Vehicles not kept on a Police Hold shall be released by the Contractor after obtaining proper proof of ownership and 1 proof of current insurance coverage if the vehicle is to be driven out of the storage facility. The Contractor reserves the right to specify the manner of payment for all charges and fees. The Contractor agrees to supply personnel and reasonable hours of operation for the release of vehicles. Minimum hours shall be 8:00 a.m. to 5:00 p.m. Monday through Friday; 10:00 a.m. to 1:00 p.m. Saturdays; and 2:00 p.m. to 3:00 p.m. on Sundays and holidays. Contractor agrees to provide emergency service beyond those hours at the request of the Police Department. 7. Towing and Storage Charges. The 24-hour towing rate schedule for the term of this Agreement for City of Eden Prairie impounded vehicles is: TOWING RATES Impounded vehicles $125.00 Trailering impounded vehicles (additional) $5 minimum Accidents $145.00* Lowboy & Tractor service $95/hour minimum Dollies (Additional) $25.00/45.00 Winching (Additional) $45 small truck $225 big truck* Semi truck tractors and trailers $100 minimum* On-scene additional labor charges $25.00/45.00/hour minimum *additional labor charges may be imposed depending on the specific equipment or labor needed at the scene. STORAGE RATES Cars and pickup trucks $30.00/day Two wheel motor vehicles, mopeds, ATVs, and snowmobiles $45.00/day Inside storage $45.00/day Tractor-trailers, large trucks $45—$65/day Note: (1) Vehicles not able to be towed by conventional means due to unusual factory or after-market equipment installed will be towed at the lowboy and tractor service rate plus additional labor charges which the Contractor must justify. Note: (2) Additional labor charges may include, but are not limited to, unlocking vehicles, disconnecting transmission linkages or driveshafts, unusual road clean up, snow shoveling, any additional equipment needed, and vehicles located off the main roadways. Labor charges must be justified by the Contractor. 2 All towing or storage charges shall be the responsibility of the vehicle owner, except that (a) public safety vehicles requiring towing within the City shall be towed without charge to the City, (b) vehicles towed and/or stored in error (at the request of the City) shall be returned to the owner at no charge, (c) Contractor may charge, in its discretion, a $25 fee for vehicles impounded by the City and abandoned by the owner that require disposal at the Contractor's expense pursuant to paragraph 10 of this Agreement. Any such fees charged by the Contractor shall be deducted from the administrative fees owed by the Contractor pursuant to paragraph 9 of this Agreement. 8. Forfeited Vehicles. Vehicles towed and stored pursuant to seizure/forfeiture under Minnesota Statutes §§ 609.531 to 609.5318 and § 169A.63 and subsequently released to the registered owner or lien holder shall be towed and stored pursuant to the following guidelines: (a) Rates (i) Vehicles released within 15 days of impound (0-15 days) shall be charged the towing and storage fees outlined in paragraphs 6 and 7. (ii) Vehicles released up to 60 days after impound (16-60 days) shall be charged a$200.00 flat fee. (iii) Vehicles released more than 60 days after impound (61+ days) shall be charged a$200 flat fee plus $5 per day beginning on the 61st day. i (b) Notification _ (i) If the registered owner or lienholder collects the vehicle within 4 days of the date of release of the hold, the Contractor shall charge no additional storage rates beyond those outlined in (a)(i)—(iii), above. (ii) If the registered owner or lienholder fails to collect the vehicle within 2 days of the date of release of the hold, the Contractor shall send notification to the registered owner or lienholder via certified mail to collect the vehicle. If the registered owner or lienholder does not collect the vehicle within 4 days from the date the Contractor mailed the notification, the Contractor shall charge the applicable storage rate outlined in paragraph 7, beginning on the 5th day after the notification was mailed. (iii) If the Contractor is required to send notice by certified mail, the Contractor shall also charge to the registered owner or lienholder $25.00 to cover staff time and materials. Release of such vehicles shall be governed by Minnesota Statutes §§ 609.531 to 609.5318, § 169A.42, and § 169A.63. Any storage or towing fees paid to the Contractor 3 by the registered owner or lien holder which have already been paid by the City shall be reimbursed to the City by the Contractor. 9. Transfer to Long-Term Storage Facility. At the City's request, the Contractor agrees to transport vehicles from its facility to a long-term storage facility designated by the City. The City agrees to pay to the Contractor $115 for each vehicle transported by the Contractor to the long-term storage facility. 10. Records and Reports. The Contractor shall prepare an annual report of all vehicles towed, stored, released, and still held by the Contractor in a form acceptable to the City (the "Annual Towing Report"). The Annual Towing Report shall include the reasons why, if any, vehicles towed have not been released. The Contractor shall file the Annual Towing Report with the Police Department on or before December 31 of each year for the preceding twelve-month period. All records of services provided by the Contractor pursuant to this Agreement shall be available for inspection by the City upon request. 11. Administrative Fees. The Contractor agrees to pay the City $3.00 for clerical and administrative expenses for each vehicle referenced in the Annual Towing Report filed with the Police Department. The Contractor shall pay these fees annually at the same time that the Contractor files the Annual Towing Report as provided in paragraph 9. Vehicles not claimed and destroyed by the Contractor will be exempt from the administrative fee. 12. Sales and/or Disposal. When the total of all charges for towing, storage, and other charges equals or exceeds the value of the vehicle impounded, the Contractor shall, with the permission of the Chief of Police of the Police Department, sell the vehicle at a sheriffs sale or otherwise dispose of the vehicle by lawful means. The Chief of Police may authorize the lawful sale of other vehicles when so requested by the Contractor after proper notification has been made to the registered owner. The Contractor shall report all transactions of sale or disposal, including the proceeds received, in the Annual Towing Report. The Contractor shall keep records and prepare an annual summary report by January 31, 2018, of all losses and profits from the sale or disposal of vehicles towed pursuant to this Agreement. 13. Liability. The Contractor shall be responsible for the loss of, or damage to, any vehicle, equipment thereon, and contents therein due to the fault of the Contractor or his agent, from the time the Contractor, its employees or agents take custody of the vehicle, including by signing the receipt for the vehicle, by hooking or hoisting the vehicle, or by any other means. The Contractor shall be responsible for the safekeeping of personal property within or on the vehicle as identified on the vehicle impound form. 14. Indemnification. The Contractor shall indemnify, hold harmless, and defend the City, its employees, and agents from and against all claims, damages, losses, and expenses, including attorneys' fees, which the City may suffer or for which it may be held liable because of bodily injury, including death, or damage to property, including 4 loss of use, arising out of any act or omission of the Contractor, its employees, agents, or subcontractors in the performance of this Agreement. 15. Insurance. The Contractor shall obtain and maintain liability insurance for coverage of not less than the following amounts: Hazardous Load As required by state and federal law 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 $1,000,000 each occurrence $2,000,000 general aggregate $2,000,000 Products — Completed Operations Aggregate $1,000,000 personal and advertising injury $10,000 medical expense Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all hired, scheduled, and non- owned autos) Umbrella or Excess Liability $2,000,000 Motor Cargo Coverage $200,000/$1,000 deductible The insurance shall cover all operations under this Agreement, whether undertaken by the Contractor, subcontractors, or anyone employed or retained by them. Coverage for bodily injury and property damage shall be written under comprehensive general and comprehensive automobile liability policy forms, including coverage for all owned, hired, and non-owned motor vehicles. The insurance shall also cover the indemnification liability set forth in paragraph 14. All insurance policies required by this paragraph shall include a provision stating that the policy may not be canceled, terminated, or reduced except upon thirty (30) days written notice to the City. The insurance company shall deliver to the City certificates of all required insurance on a form provided by the City, signed by an authorized representative. The representative shall have in effect errors and omissions coverage in limits of not less than $100,000 per occurrence and $300,000 aggregate. 5 16. Non-Discrimination. The Contractor agrees during the life of this Agreement not to discriminate against any employee, applicant for employment, or other individual because of race, color, sex, age, creed, national origin, or any other basis prohibited by federal, state, or local laws. The Contractor will include a similar provision in all subcontracts entered into for performance of this Agreement. 17. Subcontractors. The Contractor shall not subcontract all or any portion of this Agreement without the prior written approval of the City, except for assistance in emergency or unforeseen circumstances. All subcontractors shall be bound by and covered by all terms of this Agreement. 18. Agreement Period. This Agreement shall be effective as of , 2017, and terminate on January 15, 2018 or upon commencement of a renewal of this Agreement, whichever first occurs. This Agreement may be renewed from year to year on the same terms and conditions upon the mutual written consent of the City and the Contractor. This Agreement may also be terminated by either party upon fifteen (15) days written notice if the other fails to perform in accordance with the terms of this Agreement through no fault of the terminating party. 19. Independent Contractor. At all times and for all purposes hereunder, the Contractor is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Contractor an employee of the City. 20. Notices. Any notice required or permitted to be given by any party upon the other is given in accordance with this Agreement as follows: (1) if it is directed to the City, by delivering it personally to an officer of the City; (2) if it is directed to the Contractor, by delivering it personally to an officer of the Contractor; (3) if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid; (4) if sent via email, followed by deposit in the U.S. mail, but failure to follow the email with mailed notice does not negate the validity of the emailed notice; or (5) if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed as follows: If to the City: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Attn: Jim DeMann, Chief of Police Email:jdemann@edenprairie.org If to Buyer: Matt's Auto Service, Inc. 6282 Industrial Drive Eden Prairie, MN 55346 Attn: t;;}-' -voc Email: M ,1. CAY1C_@NA rail%e 6 Notices shall be deemed effective on the earlier of the date of receipt or the date of deposit as aforesaid, provided, however, that if notice is given by deposit, that the time for response to any notice by the other party shall commence to run one business day after any such deposit. Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 22. Compliance with Laws. In providing services pursuant to this Agreement, the Contractor shall abide by all statutes, ordinances, rules, and regulations pertaining to the performance of this Agreement. Any violation shall constitute a material breach of this Agreement and entitle the City to terminate this Agreement. 22. Audit. The books, records, documents, and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor as appropriate. 23. Payment to Subcontractors. The Contractor shall pay any subcontractor within ten (10) days of the Contractor's receipt of payment from the City for undisputed services provided by the subcontractor. The Contractor shall pay interest of one and one- half percent (1'/2%) per month or any part of a month to a subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Contractor shall pay the actual amount due to the subcontractor. 24. Data Practices Act Compliance. 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 the Contractor in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and the Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Agreement shall contain similar Data Practices Act compliance language. 25. Final Payment. The City may withhold from any final payment due the Contractor such amounts as are incurred or expended by the City on account of the termination of the Agreement. 26. Agreement Review. The Contractor reserves the right to renegotiate certain fees should fuel prices rise significantly during the term of this Agreement. 27. Whole Agreement. This Agreement embodies the entire agreement '� between the parties including all prior understanding and agreements, and may not be modified, except in writing, signed by all parties. 7 MATT'S AUTO SERVICE, INC. CITY OF EDEN PRAIRIE By ' *L &"-`,e, By Its Owner Its Mayor By Its City Manager Dated: / - 3 C) "7 Dated: 8 CITY COUNCIL AGENDA DATE: SECTION: Public Hearings February 14, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.A. Community Code Amendment—Towers and Antennas Development/Planning Janet Jeremiah/Steve Durham Requested Action Move to: • Close the Public Hearing; and • Approve the first reading of the Ordinance amending City Code Section 11.27, 11.28, 11.29 and 11.36 relating to antennas and towers as a permitted use in the Town Center, Airport Commercial, Airport Office and Golf Course Zoning Districts. Synopsis The Federal Communication Commission Act of 1996 established that antennas and towers are a permitted use in all cities and may not be discriminated against by zoning districts established in cities. To accommodate this new mandate the Eden Prairie City Code was amended in 1996 to permit antennas and towers in all zoning districts. This code amendment is a house keeping item to add as a permitted use antennas and towers in the below identified zoning districts as required by Federal law. Several new Zoning Districts have been added to the City Code since 1996 including the Town Center(TC), Airport Commercial (A-C), Airport Office (A-OFC) and Golf Courses (GC). The provision for antennas and towers as a permitted use in these districts was not included in initial code amendments establishing these zoning districts. Planning Commission Recommendation The Planning Commission voted 7-0 to recommend approval of the amendment at the January 9, 2017 meeting. Attachments 1. Ordinance 2. Staff Report dated January 4, 2017 3. Planning Commission Minutes dated January 9, 2017 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2017 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11, SECTIONS 11.27, 11.28, 11.29 AND 11.36 RELATING TO ANTENNAS AND TOWERS AS A PERMITTED USE IN THE TOWN CENTER, AIRPORT COMMERCIAL, AIRPORT OFFICE AND GOLF COURSE ZONING DISTRICT; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code Chapter 11, Section 11.27, Subd. 5 is hereby amended by removing the existing Table 1: Permitted Uses in the Town Center District and inserting the following table: Table 1: Permitted Uses in Town Center District(Permitted=P,Accessory=A) Use TC-MU TC-R TC-C Commercial Neighborhood commercial P Community commercial P Restaurants and food service w/o drive-thru facilities P P Business and professional offices and clinics Al P Hotels P Antennas and Towers,in those locations and subject to P the limitations contained in City Code Section 11.06. Residential High-rise multiple-family attached dwelling units with P minimum gross density of 60 units per acre Mid-rise multiple-family attached dwelling units with P minimum gross density of 40 units per acre Antennas and Towers,in those locations and subject to P the limitations contained in City Code Section 11.06. Mixed-Use Mid-rise multiple-family attached dwelling units w/ P ground floor retail/restaurant/services2 Multi-story office w/ground floor P retail/restaurant/services2 Antennas and Towers,in those locations and subject to P the limitations contained in City Code Section 11.06. Public Public Infrastructure P P Libraries P P Parks P P P Transit facilities P P Section 2. City Code Chapter 11, Section 11.28, Subd. 2 is hereby amended by inserting the following: C. Antennas and Towers, in those locations and subject to the limitations contained in City Code Section 11.06. Section 3. City Code Chapter 11, Section 11.29, Subd. 2 is hereby amended by inserting the following: D. Antennas and Towers, in those locations and subject to the limitations contained in City Code Section 11.06. Section 4. City Code Chapter 11, Section 11.36, Subd. 2 is hereby amended by inserting the following: B. Antennas and Towers, in those locations and subject to the limitations contained in City Code Section 11.06. Section 4. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 14th day of February, 2017, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 2017. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor Published in the Eden Prairie News on the day of , 2017. STAFF REPORT TO: Planning Commission FROM: Steve Durham, Planner II DATE: January 4, 2017 SUBJECT: Code Amendment-Antennas and Towers BACKGROUND: The Federal Communication Commission Act of 1996 established that antennas and towers are a permitted use in all cities and may not be discriminated against by zoning districts established in cities. To accommodate this new mandate the Eden Prairie City Code was amended in 1996 to permit antennas and towers in all zoning districts. City Code Section 11.06"Towers and Antennas" was incorporated into code in 1996 to regulate and accommodate the use of Antennas and Towers for the communication needs of residents and businesses while protecting the public health, safety and general welfare of the community. PROPOSED CODE CHANGE: Several new Zoning Districts have been added in recent years and include Town Center (TC), Airport Commercial (A-C), Airport Office (A-OFC) and Golf Courses (GC). The provision for antennas and towers as a permitted use in these districts was not included in initial code amendments. This code amendment is a house keeping item to add as a permitted use antennas and towers in above identified zoning districts as required by Federal law. City Code Section 11.06 entitled"Antenna and Towers"regulates the use of antennas and towers in all zoning district within the City. Highlighted in red are the areas of the City Code that will include antennas and towers as a permitted use. The City Code will be amended to read as follows: City Code Chapter 11, Section 11.27, Subd. 5 is hereby amended by removing the existing Table 1: Permitted Uses in the Town Center District and inserting the following table: Table 1: Permitted Uses in Town Center District(Permitted=P,Accessory=A) Use TC-MU TC-R TC-C Commercial Neighborhood commercial P Community commercial P Restaurants and food service w/o drive-thru facilities P P Business and professional offices and clinics A' P Hotels P Antennas and Towers,in those locations and subject to P the limitations contained in City Code Section 11.06. Residential Staff Report—Antennas and Towers January 4, 2017 High-rise multiple-family attached dwelling units with P minimum gross density of 60 units per acre Mid-rise multiple-family attached dwelling units with P minimum gross density of 40 units per acre Antennas and Towers,in those locations and subject to P the limitations contained in City Code Section 11.06. Mixed-Use Mid-rise multiple-family attached dwelling units w/ P ground floor retail/restaurant/services2 Multi-story office w/ground floor P retail/restaurant/services2 Antennas and Towers,in those locations and subject to P the limitations contained in City Code Section 11.06. Public Public Infrastructure P P Libraries P P Parks P P P Transit facilities P P City Code Chapter 11, Section 11.28, Subd. 2 is hereby amended by inserting the following: C. Antennas and Towers, in those locations and subject to the limitations contained in City Code Section 11.06. City Code Chapter 11, Section 11.29, Subd. 2 is hereby amended by inserting the following: D. Antennas and Towers, in those locations and subject to the limitations contained in City Code Section 11.06. City Code Chapter 11, Section 11.36, Subd. 2 is hereby amended by inserting the following: B. Antennas and Towers, in those locations and subject to the limitations contained in City Code Section 11.06. STAFF RECOMMENDATIONS: Staff recommends approval of the amendment to City Code,Chapter 11,Section 11.27 Town Center, Section 11.28 Airport Commercial, 11.29 Airport Office and Section 11.36 Golf Course as represented in the Staff Report of January 4, 2017. 2 APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,JANUARY 9, 2017 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: Jon Stoltz, John Kirk, Travis Wuttke, Ann Higgins, Charles Weber, Andrew Pieper, Ed Farr, Mark Freiberg, Tom Poul CITY STAFF: Julie Klima, City Planner Rod Rue, City Engineer Matt Bourne, Manager of Parks and Natural Resources Ric Rosow, City Attorney Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Vice Chair Pieper called the meeting to order at 7:00 p.m. Stoltz and Weber were absent. II. APPROVAL OF AGENDA MOTION: Kirk moved, seconded by Higgins, to approve the agenda. Motion carried 7-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON DECEMBER 12, 2016 MOTION: Farr moved, seconded by Freiberg, to approve the Planning Commission Minutes. Motion carried 7-0. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS A. CODE AMENDMENT—TOWERS AND ANTENNAS Request to: • Amend the City Code Chapter 11 relating to Cell Towers and Antennas Klima said the Federal Communications commission(FCC) Act of 1996 established antennas and towers as a permitted use in all cities and may not be PLANNING COMMISSION MINUTES January 9, 2017 Page 2 discriminated against by zoning districts established in cities. In 1996, the City Code was amended to permit towers and antenna in all zoning districts and created Section 11.06 entitled"Towers and Antennas", which regulates the use of antennas and towers in all zoning districts. The Town Center, Airport Commercial, Airport Office and Gold Course Districts were created after 1996. After reviewing the permitted uses in these districts it was noted that towers and antennas were inadvertently not included at the time of the districts inception. The Code Amendment is a house keeping item to ensure City Code is in alignment with the FCC Act of 1996. Staff is proposing the language be clarified and is recommending approval. Kirk commented an antenna in an airport office district would not be permitted if it was a 100 foot antenna, but if it was 10 foot it would be permitted. Klima concurred that is generally correct that towers and antenna area regulated by Section. 11.06. Section 11.06 is not proposed to be changed. Vice Chair Pieper opened the meeting up for public input. There was no input. MOTION: Freiberg moved, seconded by Kirk, to close the public hearing. Motion carried 7-0. MOTION: Freiberg moved, seconded by Higgins, to recommend approval to amend City Code Chapter 11 to permit antennas and towers as a permitted use in the Town Center, Airport Commercial, Airport Office and Golf Course Zoning Districts and based on the information included in the staff report dated January 4, 2017. Motion carried 7-0. VII. PLANNERS' REPORT VIII. MEMBERS' REPORT IX. CONTINUING BUSINESS X. NEW BUSINESS XI. ADJOURNMENT MOTION: Wuttke moved, seconded by Freiberg, to adjourn the Planning Commission meeting. Motion carried 7-0. Vice Chair Pieper adjourned the meeting at 8:03 p.m. CITY COUNCIL AGENDA DATE: SECTION: Public Hearing February 14, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.B. Denise Christensen Public Hearing for the Approval of Public Works/Engineering Baneberry Hollow Reassessment Requested Action Move to: Close the public hearing and; Adopt the resolution approving the Baneberry Hollow Reassessment. Synopsis On October 19, 2010, the City Council approved the levying of a Special Assessment of$287.01 for tall grass/weed contract removal on Lot 11, Block 1,Baneberry Hollow, the parcel containing driveways and open space for the Baneberry Hollow Homeowners Association. The levy was certified to the 2011 property taxes, however, the taxes were not paid. Hennepin County, and the Eden Prairie City Attorney,have determined that,per the provisions of Minnesota State Statue Chapter 515B,the property of Lot 11, Block 1,Baneberry Hollow, is a"common element"parcel which may not be specially assessed. Instead, any special assessments must be evenly divided over the"units", those lots containing dwellings, of the Baneberry Hollow Homeowners Association. Therefore,we need to reallocate the levied amount to the "unit"parcels. All other aspects of the assessment— interest rate of 5.25% and repayment period of one (1) year as established in Resolution 2010-70 will remain the same. Attachments • Resolution • Exhibit A • Published Notice • Notification List CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2017- APPROVE BANEBERRY HOLLOW REASSESSMENTS WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections in the proposed reassessments for the following improvements to wit: (See Exhibit A attached) NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of Eden Prairie: 1. Such proposed reassessments are hereby accepted and shall constitute the special assessment against the lands in the final assessment rolls, and each tract of land therein included is hereby found to be benefited by the improvement in the amount of the reassessment levied against it. 2. The Clerk shall forthwith transmit a certified duplicate of this reassessment to the County Auditor to be extended on the property tax lists of the County, and such reassessments shall be collected and paid over in the same manner as other municipal taxes beginning in 2017. ADOPTED by the Eden Prairie City Council on the 14th day of February, 2017. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk EXHIBIT A PARCEL REASSESSMENT AMOUNTS BANEBERRY HOLLOW REASSESSMENTS Description Parcel PID# Amount Levy#17762 25-116-22-43-0250 $26.09 Levy#17762 25-116-22-43-0251 $26.09 Levy#17762 25-116-22-43-0252 $26.09 Levy#17762 25-116-22-43-0253 $26.09 Levy#17762 25-116-22-43-0254 $26.09 Levy#17762 25-116-22-43-0255 $26.09 Levy#17762 25-116-22-43-0256 $26.09 Levy#17762 25-116-22-43-0257 $26.09 Levy#17762 25-116-22-43-0258 $26.09 Levy#17762 25-116-22-43-0259 $26.09 Levy#17762 25-116-22-43-0260 $0.00 Levy#17762 25-116-22-43-0261 $26.11 NOTICE OF HEARING ON PROPOSED SPECIAL REASSESSMENTS Notice is hereby given that the City Council will meet at 7:00 p.m. on Tuesday, February 14, 2017 in the City Center, 8080 Mitchell Road, Eden Prairie, Minnesota, for the purpose of holding a Public Hearing to consider the proposed reassessments of Baneberry Hollow Tall Grass/Weed Contract Removal in Hennepin County, Minnesota. Adoption by the council of the proposed reassessments may occur at the hearing. The following parcels are proposed to be reassessed: 25-116-22-43-0250 25-116-22-43-0251 25-116-22-43-0252 25-116-22-43-0253 25-116-22-43-0254 25-116-22-43-0255 25-116-22-43-0256 25-116-22-43-0257 25-116-22-43-0258 25-116-22-43-0259 25-116-22-43-0260 25-116-22-43-0261 The proposed reassessment roll is on file for public inspection at the Engineering Division. The total amount of the proposed reassessment is$287.01. Written or oral objections will be considered at the meeting. CAUTION: No appeal to district court may be taken as to the amount of a reassessment unless a written objection, signed by the affected property owner, is filed with the municipal Clerk prior to the reassessment hearing or presented to the presiding officer at the hearing. The council may upon such notice consider any objection to the amount of a proposed individual reassessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. Under Minn. Stat. §§435.193 to 435.195 and City Resolution No. 83-177,the council may, in its discretion, defer the payment of this special reassessment for any homestead property owned by a person 65 years of age or older, one retired by virtue of a permanent and total disability, or a member of the National Guard or other reserves ordered to active military service for whom it would be a hardship to make the payments. When deferment of the special reassessment has been granted and is terminated for any reason provided in that law and Resolution, all amounts accumulated plus applicable interest become due. Any assessed property owner meeting the requirements of this law and Resolution No. 83-177, may,within 30 days of the confirmation of the reassessment, apply for the prescribed form for such deferral of payment of this special reassessment on his/her property by contacting: Denise Christensen, Senior Engineering Technician City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 952-949-8318 An owner may appeal a reassessment to district court pursuant to Minn. Stat. §429.081 by serving notice of the appeal upon the mayor or clerk of the city within 30 days after the adoption of the reassessment and filing such notice with the district court within ten days after service upon the mayor or clerk. By order of the City Council Published once in the Eden Prairie News,January 26,2017 NOTIFICATION LIST BANEBERRY HOLLOW REASSESSMENTS A copy of the Public Hearing Notice has been sent to owner of the following parcels: 25-116-22-43-0250 25-116-22-43-0251 25-116-22-43-0252 25-116-22-43-0253 25-116-22-43-0254 25-116-22-43-0255 25-116-22-43-0256 25-116-22-43-0257 25-116-22-43-0258 25-116-22-43-0259 25-116-22-43-0260 25-116-22-43-0261 CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims February 14, 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 251208 - 251702 Wire Transfers 1016018 - 1016240 Wire Transfers 5996 - 6018 Purchasing Card 6018 City of Eden Prairie Council Check Summary 2/14/2017 Division Amount Division Amount 63,516 304 Senior Board 164 100 City Manager 2,789 308 E-911 13,900 101 Legislative 11,875 309 DWI Forfeiture 980 102 Legal Counsel 38,526 315 Economic Development 8,939 110 City Clerk 514 445 Cable PEG 6,319 111 Customer Service 10,608 446 2014A G.O.TAX ABATEMENT BONDS 624,581 112 Human Resources 550 502 Park Development 65,480 113 Communications 13,152 509 CIP Fund 26,125 114 Benefits&Training 17,083 512 CIP Trails 1,101 130 Assessing 1,040 522 Improvement Projects 2006 12,593 131 Finance 274 529 Shady Oak Rd-CR 61 South 10,882 132 Housing and Community Services 10,699 531 Eden Prairie Road 423 133 Planning 12,542 532 EP Road Connect Flying Cloud 1,019 136 Public Safety Communications 12,365 536 General LRT 4,572 137 Economic Development 30 804 100 Year History 636 138 Community Development Admin. 44 Total Capital Projects Fund 777,715 151 Park Maintenance 26,678 153 Organized Athletics 3,244 601 Prairie Village Liquor 187,206 154 Community Center 33,627 602 Den Road Liquor 379,487 156 Youth Programs 13,135 603 Prairie View Liquor 230,685 157 Special Events 43 605 Den Road Building 4,024 158 Senior Center 2,746 701 Water Fund 254,931 160 Therapeutic Recreation 955 702 Sewer Fund 367,416 161 Oak Point Pool 4,504 703 Storm Drainage Fund 39,747 162 Arts 11,510 Total Enterprise Fund 1,463,496 163 Outdoor Center 2,356 168 Arts Center 511 316 WAFTA 18 180 Police 56,857 803 Escrow Fund 136,232 184 Fire 900,576 807 Benefits Fund 1,443,232 186 Inspections 1,774 809 Investment Fund 9,089 200 Engineering 8,605 810 Workers Comp Insurance 45,135 201 Street Maintenance 62,634 811 Property Insurance 9,046 202 Street Lighting 73,656 812 Fleet Internal Service 109,773 Total General Fund 1,399,020 813 IT Internal Service 52,819 814 Facilities Capital ISF 83,946 301 CDBG 31,766 815 Facilites Operating ISF 119,148 303 Cemetary Operation 1,217 816 Facilites City Center ISF 127,475 312 Recycle Rebate 250 817 Facilites Comm.Center ISF 130,391 Total Special Revenue 33,232 Total Internal Svc/Agency Funds 2,266,304 433 2007A Facility Lease-3rd Rink 200 Report Total 9,570,917 434 2008A Capital Equipment Notes 200 435 2008B G.O.Improvement Bonds 995,084 437 G.O.Perm.Improv.2010A 200 438 G.O.Bonds(SCBA)2011B 200 439 G.O.Refunding Bonds 2011C 720,560 440 GO Perm Impr Ref Bonds 2011D 725 441 2012A G.O.Refunding Bonds 89,028 442 2012B G.O.Refund Capital Imp 266,253 443 2012C GO Perm Impr Ref Bonds 1,558,700 Total Debt Service Fund 3,631,150 City of Eden Prairie Council Check Register by GL 2/14/2017 Check# Amount Supplier/Explanation Account Description Business Unit Comments 6005 4,252,806 WELLS FARGO BANK MINNESOTA NA Interest 2014A G.O.TAX ABATEMENT BONDS Wells Fargo Bond pymts 6016 836,512 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Fire Relief Pension Payment Fire Fire relief pension pymt 251527 333,073 METROPOLITAN COUNCIL ENVIRONMENTAL SERVI MCES User Fee Wastewater Collection FEB17 Wastewater Fee 251488 276,090 HEALTHPARTNERS Accounts Receivable Health and Benefits FEB17 Premiums 6013 271,693 ULTIMATE SOFTWARE GROUP,THE Federal Taxes Withheld Health and Benefits Payroll taxes 6002 266,008 ULTIMATE SOFTWARE GROUP,THE Federal Taxes Withheld Health and Benefits Payroll taxes 6011 173,989 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA 6007 167,436 SELECT ACCOUNT HSA Health and Benefits Select HSA ER Jan contribution 6000 167,143 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA 6010 144,484 MINNESOTA DEPT OF REVENUE Sales Tax Payable Historical Culture Dec16 Sales Tax 251336 133,873 CLIMATECH Deposits Escrow Deed grant pass-thru 1016123 101,313 XCEL ENERGY Electric Outdoor Center Electric multi-locations 1016190 97,018 XCEL ENERGY Electric Flying Cloud Off Leash Park 251547 79,900 POWER SYSTEMS SERVICES INC Other Contracted Services Facilities Capital 251654 65,167 MINGER CONSTRUCTION INC Improvements to Land Park Acquisition&Development 251245 58,868 GARDNER BUILDERS Other Contracted Services Public Works/Parks 251383 57,434 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 6018 57,317 US BANK Repair&Maint.Supplies Water System Maintenance 251266 55,244 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 251641 45,135 LEAGUE MN CITIES INS TRUST Workers Comp Insurance Workers Comp Insurance 1016164 42,926 GREGERSON ROSOW JOHNSON&NILAN LTD Legal Shady Oak Rd-CR 61 South 251414 39,868 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 1016150 36,871 ADVANCED ENGINEERING&ENVIRONMENTAL SE Software Water Treatment 1016169 36,822 LOGIS LOGIS IT Operating 251309 32,503 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 251538 31,705 NELSON AUTO CENTER,INC Autos Fire 1016181 30,875 SRF CONSULTING GROUP INC Design&Engineering EP Rd Connect to Flying Cloud 251511 29,302 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 1016154 26,152 CENTERPOINT ENERGY SERVICES INC Gas General Community Center 1016174 25,706 MN SUPPLY Machinery&Equipment Public Works 251351 25,446 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie Village Liquor Store 251281 25,000 MIDLAND TITLE Transportation CDBG-Public Service 1016156 24,605 DIVERSE BUILDING MAINTENANCE Janitor Service Public Works/Parks 6015 23,583 EMPOWER Deferred Compensation Health and Benefits 6004 22,515 EMPOWER Deferred Compensation Health and Benefits 251298 21,263 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 1016182 20,618 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Wellhead Protection Plan 251683 20,584 SOUTH METRO PUBLIC SAFETY TRAINING FACIL Other Contracted Services Public Safety Training Facilit 1016112 19,813 PRAIRIE ELECTRIC COMPANY Equipment Repair&Maint Traffic Signs 251427 18,735 ABM ONSITE SERVICES-MIDWEST Tenant 1-Cleaning Suppli City Hall-CAM 251672 18,438 PRAIRIE PARTNERS SIX LLP Other Contracted Services Prairie Village Liquor Store 251552 18,355 REHBEIN'S AGRICULTURAL SERVICES Lime Residual Removal Water Treatment 1016199 18,355 GREENSIDE INC Contract Svcs-Snow Removal Fire Station#1 251264 17,999 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 251636 16,917 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 251562 16,780 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 251510 16,687 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 251399 16,635 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 251222 16,364 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie Village Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Comments 1016063 16,169 THORPE DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 251684 15,988 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 6014 15,887 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 1016219 15,631 CENTERPOINT ENERGY SERVICES INC Gas Water Treatment 6003 15,613 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 251517 15,591 KLM ENGINEERING INC Design&Engineering Water Capital 1016184 15,504 THORPE DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 251350 14,278 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie Village Liquor Store 251382 14,231 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 251673 14,030 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 5997 13,875 LIFE INSURANCE COMPANY OF NORTH AMERICA Life Insurance EE/ER Health and Benefits 251696 13,727 WASHINGTON COUNTY Equipment Repair&Maint E-911 Program 251635 13,723 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 251482 12,432 GRAYMONT Treatment Chemicals Water Treatment 1016118 12,424 VARITECH INDUSTRIES INC Capital Under$25,000 Snow&Ice Control Fixed Asset 251574 12,000 ULTIMATE CONTROLS ELECTRIC LLC Improvement Contracts Wastewater Capital 251668 11,565 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 251408 11,520 RILEY PURGATORY BLUFF CREEK WATERSHED DI Design&Engineering Stormwater Non-Capital 251224 11,480 BUDGET SANDBLASTING&PAINTING INC Equipment Repair&Maint Water Treatment 251390 11,338 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 251354 11,294 CARGILL SALT Salt Snow&Ice Control 1016173 11,203 METRO SALES INCORPORATED* Equipment Rentals Customer Service 251223 11,200 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie Village Liquor Store 1016116 11,191 THORPE DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 251442 10,613 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie Village Liquor Store 251593 10,590 BEARPATH GOLF AND COUNTRY CLUB Operating Supplies Fire 1016136 10,500 MUNICIPAL LEGISLATIVE COMMISSION Dues&Subscriptions City Council 251371 10,258 EARL F ANDERSEN INC Signs Traffic Signs 1016025 10,251 GREENSIDE INC Contract Svcs-Snow Removal Fire Station#1 1016176 10,000 NOVOTX LLC Maintenance Contracts Water Treatment 251418 9,995 TURFWERKS Machinery&Equipment Capital Outlay Parks 1016167 9,892 KUSTOM SIGNALS INC Capital Under$25,000 Police 251378 9,737 HAY DOBBS Other Contracted Services Planning 6017 9,486 SELECT ACCOUNT HSA-Employer Health and Benefits 251587 9,089 ADVANTUS CAPITAL MANAGEMENT INC Interest Investment Fund 1016059 8,993 PRAIRIE ELECTRIC COMPANY Building Police City Center 251470 8,962 EMBEDDED SYSTEMS INC Equipment Repair&Maint Emergency Preparedness 251598 8,890 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie View Liquor Store 5998 8,775 SELECT ACCOUNT HSA-Employer Health and Benefits 1016234 8,668 THORPE DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 251599 8,285 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie View Liquor Store 251248 8,245 GRAYMONT Treatment Chemicals Water Treatment 251286 8,206 MOBILE RADIO ENGINEERING INC Other Assets Public Safety Communications 1016039 8,204 A-SCAPE INC Contract Svcs-Snow Removal Den Bldg.-CAM 251443 8,101 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie Village Liquor Store 251379 7,900 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Stormwater Non-Capital 251474 7,624 FIRE SAFETY USA INC Equipment Repair&Maint Fire 1016037 7,470 WENCK ASSOCIATES INC Design&Engineering Stormwater Non-Capital 1016165 7,120 HANSEN THORP PELLINEN OLSON Other Contracted Services Capital Maint.&Reinvestment 251489 6,913 HEALTHPARTNERS Health&Fitness Fire 251642 6,898 LEGACY GYMNASTICS Instructor Service Lesson Skills Development 251257 6,892 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 251241 6,884 ENVIROTECH SERVICES,INC Salt Snow&Ice Control Check# Amount Supplier/Explanation Account Description Business Unit Comments 251327 6,791 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 251563 6,783 SOUTHWEST NEWS MEDIA Legal Notices Publishing Communications 1016133 6,718 GREENSIDE INC Contract Svcs-Snow Removal Facilities Capital 251423 6,704 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 251579 6,615 WELSH COMPANIES Other Contracted Services Arts Center 251677 6,500 RIGHTLINE DESIGN LLC Other Contracted Services Communications 251658 6,433 MINNESOTA STATE ARTS BOARD State Grants Arts 251458 6,397 CORNERHOUSE Other Contracted Services Police 251346 6,319 AVI SYSTEMS INC Equipment Repair&Maint Cable PEG 1016148 6,270 WSB&ASSOCIATES INC Other Contracted Services Capital Maint.&Reinvestment 251530 6,074 MINNESOTA DEPARTMENT OF EMPLOYMENT Unemployment Compensation Organizational Services 1016239 5,925 XCEL ENERGY Electric Traffic Signals 5996 5,905 SELECT ACCOUNT HRA Health and Benefits 251621 5,890 GENERAL OFFICE PRODUCTS COMPANY Contract Svcs-Gen.Bldg Public Works/Parks 251301 5,877 PUSH PEDAL PULL Capital Under$25,000 Fitness Center 1016212 5,833 YOUNGSTEDTS COLLISION CENTER Equipment Repair&Maint Fleet Operating 251679 5,704 SCAFFOLD SERVICE INC Equipment Repair&Maint Water Treatment 251306 5,606 SHORT ELLIOTT HENDRICKSON INC Design&Engineering EP Rd Connect to Flying Cloud 251212 5,394 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 251490 5,392 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police 1016050 5,211 GARTNER REFRIGERATION&MFG INC Contract Svcs-Ice Rink Ice Arena Maintenance 1016211 5,152 WSB&ASSOCIATES INC Other Contracted Services Capital Maint.&Reinvestment 1016122 5,018 WM MUELLER AND SONS INC Repair&Maint.Supplies Water System Maintenance 1016062 5,008 STREICHERS Clothing&Uniforms Police 251681 5,002 SJF MATERIAL HANDLING INC Building Capital Maint.&Reinvestment 1016147 4,949 WENCK ASSOCIATES INC Design&Engineering Stormwater Non-Capital 1016224 4,810 HANSEN THORP PELLINEN OLSON Design&Engineering Park Maintenance 251520 4,750 LIFE SUPPORT INNOVATIONS Conference/Training Park Maintenance 251421 4,745 VERIZON WIRELESS Other Contracted Services IT Operating 1016098 4,657 CENTERPOINT ENERGY Gas Cummins Grill 1016082 4,599 GREENSIDE INC Contract Svcs-Snow Removal City Hall-CAM 251280 4,572 METRO TRANSIT Design&Engineering General LRT 251615 4,504 EDEN PRAIRIE SCHOOL Other Contracted Services Oak Point Operations 251330 4,500 YMCA CUSTOMER SERVICE CENTER Refunds CDBG-Public Service 251550 4,475 PURPLE STAR INC Liquor Licenses General Fund 1016170 4,437 LOVEGREEN INDUSTRIAL SERVICES INC Equipment Repair&Maint Water Treatment 251625 4,390 GRAYMONT Treatment Chemicals Water Treatment 251536 4,388 NAC Contract Svcs-Plumbing Prairie Village Liquor Store 1016020 4,369 BRAUN INTERTEC CORPORATION Other Contracted Services Capital Impr/Maint Fixed 251432 4,300 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 251343 4,273 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 251340 4,153 ABM ONSITE SERVICES-MIDWEST Janitor Service Utility Operations-General 1016093 4,150 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 251377 4,118 GRAYMONT Treatment Chemicals Water Treatment 251274 4,027 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 251273 4,018 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 251235 4,000 EDEN PRAIRIE EARLY CHILDHOOD Other Contracted Services Housing and Community Service 251498 3,838 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 1016141 3,777 STONEBROOKE Autos Capital Maint.&Reinvestment 1016120 3,716 WALL TRENDS INC Contract Svcs-General Bldg Public Works/Parks 1016035 3,714 VAN PAPER COMPANY Cleaning Supplies City Center Operations 251329 3,584 XCEL ENERGY Capital Under$25,000 Engineering 1016228 3,539 MINNESOTA EQUIPMENT Equipment Repair&Maint Fleet Operating Check# Amount Supplier/Explanation Account Description Business Unit Comments 251242 3,502 FIRE SAFETY USA INC Equipment Repair&Maint Fire 1016161 3,345 GENUINE PARTS COMPANY Operating Supplies Park Maintenance 251577 3,300 VISUAL COMMUNICATIONS Other Contracted Services Economic Development Fund 251288 3,250 MOVEFWD INC Other Contracted Services Housing and Community Service 251398 3,248 PAUSTIS&SONS COMPANY Liquor Product Received Prairie Village Liquor Store 251352 3,218 BROTHERS FIRE PROTECTION Contract Svcs-Fire/Life/Safe Public Works/Parks 1016115 3,200 STAR TRIBUNE MEDIA COMPANY LLC Employment Advertising Organizational Services 251504 3,149 IMPACT PROVEN SOLUTIONS Other Contracted Services Water Accounting 251395 3,119 NAC Contract Svcs-Plumbing Fire Station#2 251333 3,089 CENTURYLINK Telephone Preserve Park 251246 3,000 GOLDFEDER WILLIAM Conference/Training Fire 251424 2,945 WORKS COMPUTING INC Other Contracted Services IT Operating 251393 2,937 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Lake 251394 2,850 MPPOA Dues&Subscriptions Police 1016046 2,831 CENTERPOINT ENERGY Gas Wastewater Lift Station 251493 2,826 HENNEPIN COUNTY UT DEPT Board of Prisoner Public Safety Communications 1016189 2,784 WINE COMPANY,THE Liquor Product Received Prairie Village Liquor Store 1016121 2,768 WINE COMPANY,THE Liquor Product Received Prairie Village Liquor Store 251614 2,711 EARL F ANDERSEN INC Repair&Maint.Supplies Water System Maintenance 251320 2,700 TREE STUMP CO THE Other Contracted Services City Hall-CAM 1016036 2,693 VINOCOPIA Liquor Product Received Prairie View Liquor Store 251230 2,680 COUNTY MATERIALS CORPORATION Repair&Maint.Supplies Stormwater Non-Capital 1016215 2,615 ASPEN WASTE SYSTEMS INC. Waste Disposal Fire Station#3 251589 2,609 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 251565 2,600 SPRINGSTED INCORPORATED Other Contracted Services 2008A Capital Equipment Notes 251600 2,595 BUDGET SANDBLASTING&PAINTING INC Equipment Repair&Maint Water Treatment 1016231 2,591 PRAIRIE ELECTRIC COMPANY Other Contracted Services Police City Center 251479 2,539 GENERAL SHEET METAL COMPANY,LLC Contract Svcs-Pool Pool Maintenance 1016105 2,503 HAWKINS INC Equipment Parts Water Treatment 251233 2,490 DPC INDUSTRIES INC Treatment Chemicals Water Treatment 251626 2,477 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Concessions 251570 2,476 TARGETSOLUTIONS LEARNING,LLC Training Supply-Operating Fire 251540 2,465 NORTHSTAR LACROSSE CO Clothing&Uniforms Fire 1016058 2,420 POMP'S TIRE SERVICE INC Tires Fleet Operating 251296 2,362 PAUSTIS&SONS COMPANY Liquor Product Received Prairie View Liquor Store 251662 2,319 NAC Contract Svcs-HVAC Fitness/Conference-Cmty Ctr 251698 2,301 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 1016155 2,300 DAKOTA SUPPLY GROUP INC Merchandise for Resale Water Metering 251396 2,299 NATIONAL MARTIAL ARTS ASSOCIATION,INC Instructor Service Lesson Skills Development 251325 2,262 VIDEOTRONIX INC Building Capital Impr/Maint Fixed 251545 2,258 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 251347 2,205 BERNICK'S WINE Liquor Product Received Prairie Village Liquor Store 251261 2,160 INTERTECH INC Contract Development IT Operating 1016232 2,106 SENIOR COMMUNITY SERVICES Refunds CDBG-Public Service 1016208 2,088 VAN PAPER COMPANY Cleaning Supplies Fitness/Conference-Cmty Ctr 251217 2,013 BERNICK'S WINE Liquor Product Received Prairie View Liquor Store 251578 2,008 WARNING LITES Repair&Maint.Supplies Utility Operations-General 251457 2,000 CONSTRUCTION MATERIALS INC Operating Supplies Street Maintenance 1016213 2,000 APWA Dues&Subscriptions Street Maintenance 251215 1,982 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 251433 1,935 ARVIG Fiber Lease Payments IT Operating 1016049 1,914 FORCE AMERICA Equipment Parts Fleet Operating 251506 1,904 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits Check# Amount Supplier/Explanation Account Description Business Unit Comments 251602 1,903 CALIFORNIA CONTRACTORS SUPPLIES INC Small Tools Wastewater Maintenance 251312 1,894 STAPLES ADVANTAGE Office Supplies Customer Service 1016191 1,880 ZIEGLER INC Other Rentals Fleet Operating 1016092 1,860 VAN PAPER COMPANY Cleaning Supplies Arts Center 251629 1,814 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 1016238 1,804 WM MUELLER AND SONS INC Gravel Water System Maintenance 1016223 1,792 GRAINGER Building Repair&Maint. Water Treatment 6009 1,756 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 1016145 1,740 VAN PAPER COMPANY Cleaning Supplies Public Works/Parks 1016085 1,733 PARK SUPPLY OF AMERICA INC Supplies-Plumbing Fitness/Conference-Cmty Ctr 1016068 1,732 WINE COMPANY,THE Liquor Product Received Prairie View Liquor Store 251429 1,723 AMERICAN ENVIRONMENTAL LLC Equipment Repair&Maint Stormwater Non-Capital 251646 1,716 MAROTTA,VIC Instructor Service Lesson Skills Development 251444 1,710 BUREAU OF CRIMINAL APPREHENSION Software Maintenance IT Operating 251492 1,700 HENNEPIN COUNTY FIRE CHIEF ASSOCIATION Dues&Sub-Cert&Licensing Fire 251496 1,683 HENNEPIN TECHNICAL COLLEGE Tuition Reimb-College Core Fire 251466 1,678 EDEN PRAIRIE CHAMBER OF COMMERCE Dues&Subscriptions Administration 1016095 1,664 A-SCAPE INC Contract Svcs-Snow Removal Fire Station#5 251445 1,626 BWS HEATING&AIR CONDITIONING Contract Svcs-Pool Pool Maintenance 1016233 1,618 STREICHERS Clothing&Uniforms Police 251656 1,616 MINNESOTA HISTORICAL SOCIETY Federal Grants Heritage Preservation 1016124 1,608 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Fitness/Conference-Cmty Ctr 251363 1,600 CONEXSPACE,LLC Other Contracted Services City Center Operations 251632 1,600 HOUTZ,STEPHEN J Other Contracted Services Winter Theatre 1016131 1,595 CLAREY'S SAFETY EQUIPMENT Clothing&Uniforms Emergency Preparedness 1016043 1,559 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 251279 1,500 MEALS ON WHEELS Other Contracted Services Housing and Community Service 251388 1,490 LANO EQUIPMENT INC Equipment Repair&Maint Stormwater Non-Capital 1016030 1,463 NCT Other Contracted Services Organizational Services 1016084 1,463 NCT Other Contracted Services Organizational Services 251431 1,450 ARENA SERVICES AND PRODUCTS Contract Svcs-Ice Rink Ice Arena Maintenance 1016021 1,426 CLAREY'S SAFETY EQUIPMENT Clothing&Uniforms Street Maintenance 251258 1,375 HOMELINE Other Contracted Services Housing and Community Service 251690 1,358 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 251460 1,350 CRAIG RAPP,LLC Conference/Training Administration 251581 1,348 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 1016134 1,334 LYNDALE PLANT SERVICES Contract Svcs-Int.Landscape City Hall-CAM 251335 1,323 CENTURYLINK Other Broadband Internet IT Operating 1016160 1,286 ETHANOL PRODUCTS LLC Treatment Chemicals Water Treatment 251678 1,251 RJ MARCO CONSTRUCTION INC Building Capital Maint.&Reinvestment 1016110 1,229 NUCO2 INC Supplies-Pool Pool Maintenance 251521 1,225 LOGIN/IACP Dues&Subscriptions Police 251594 1,202 BERNICK'S WINE Liquor Product Received Prairie View Liquor Store 1016096 1,196 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 1016065 1,188 UNIQUE PAVING MATERIALS Gravel Water System Maintenance 251413 1,187 SMALL LOT MN Liquor Product Received Prairie View Liquor Store 251628 1,166 HD SUPPLY WATERWORKS LTD Equipment Parts Water System Maintenance 251357 1,152 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 251659 1,145 MN TRANSPORTATION ALLIANCE Dues&Subscriptions Engineering 1016216 1,142 BARR ENGINEERING COMPANY Other Contracted Services Stormwater Non-Capital 1016183 1,141 STREICHERS Clothing&Uniforms Police 1016055 1,126 MENARDS Cleaning Supplies Water Supply(Wells) 1016128 1,122 BOUNDLESS NETWORK Retention Program Fitness Classes Check# Amount Supplier/Explanation Account Description Business Unit Comments 1016209 1,114 VINOCOPIA Liquor Product Received Prairie View Liquor Store 251637 1,110 KAISER,DAVID S Other Contracted Services Gymnasium(CC) 1016146 1,109 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 251440 1,104 BOUND TREE MEDICAL LLC EMS Supplies-EMS Supplies Fire 251438 1,101 BITUMINOUS ROADWAYS INC Other Contracted Services CIP Trails 251225 1,100 CENTURY COLLEGE Tuition Reimb-College Tuition Fire 251597 1,093 BRAMAN SECURITY Repair&Maint.Supplies Fitness/Conference-Cmty Ctr 1016172 1,092 METRO ELEVATOR INC Contract Svcs-Elevator Fitness/Conference-Cmty Ctr 251507 1,080 INTERTECH INC Contract Development IT Operating 251544 1,059 PAUSTIS&SONS COMPANY Liquor Product Received Prairie Village Liquor Store 251319 1,055 TKO WINES,INC Liquor Product Received Prairie View Liquor Store 251238 1,050 EDINA,CITY OF Other Contracted Services Communications 1016071 1,043 ELLIS,ROBERT Tuition Reimbursement/School Organizational Services 1016091 1,043 SVOBODA,ANTHONY Tuition Reimbursement/School Organizational Services 251569 1,041 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 1016103 1,034 GRAINGER Building Repair&Maint. Public Works/Parks 1016042 1,031 BARR ENGINEERING COMPANY Other Contracted Services Stormwater Non-Capital 1016210 1,028 WENCK ASSOCIATES INC Design&Engineering Stormwater Capital 1016107 1,021 IDENTISYS Equipment Repair&Maint Public Safety Communications 251406 1,011 RETROFIT COMPANIES,INC,THE Repair&Maint.Supplies Public Works/Parks 251341 1,010 AERO DRAPERY AND BLIND Contract Svcs-General Bldg City Center Operations 251275 1,000 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 251315 1,000 SUSA TREASURER Dues&Subscriptions Utility Operations-General 1016237 990 WINE COMPANY,THE Liquor Product Received Prairie View Liquor Store 251670 990 POINT TO POINT GLOBAL SECURITY INC Deposits Escrow 251342 975 AMERICAN RED CROSS Licenses,Permits,Taxes,Fees Pool Lessons 1016143 953 TOLL GAS AND WELDING SUPPLY Operating Supplies Traffic Signs 1016192 937 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Fire 251689 933 STOP STICK LTD. Operating Supplies Police 251564 928 SPOK,INC. Pager&Cell Phone IT Operating 251616 926 EDINA,CITY OF Printing Therapeutic Rec Admin 1016104 924 HANSEN THORP PELLINEN OLSON Design&Engineering Engineering 251620 915 FIRE SAFETY USA INC Protective Clothing Fleet Operating 251400 905 PLASTIC BAG MART Liquor Product Received Prairie Village Liquor Store 1016163 905 GRAINGER Repair&Maint.Supplies Round Lake 251485 900 H&L MESABI Equipment Parts Fleet Operating 1016028 897 INTOXIMETERS Miscellaneous DWI Forfeiture 1016061 895 SCHWAB VOLLHABER LUBRATT SERVICE CORO Contract Svcs-HVAC City Hall-CAM 1016166 893 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance 251546 888 PITNEY BOWES Postage Customer Service 1016168 878 LEROY JOB TRUCKING INC Other Contracted Services Animal Control 251428 875 AIM ELECTRONICS Repair&Maint.Supplies Ice Operations 251611 875 DAKOTA COUNTY TECHNICAL COLLEGE Tuition Reimb-College Core Fire 251639 875 KERBER TILE,MARBLE&STONE INC Contract Svcs-Pool Pool Maintenance 251572 871 TKO WINES,INC Liquor Product Received Den Road Liquor Store 251422 866 VESSCO INC Equipment Parts Water Treatment 251559 857 SMALL LOT MN Liquor Product Received Prairie Village Liquor Store 1016235 853 VISTAR CORPORATION Merchandise for Resale Concessions 1016106 846 HD SUPPLY FACILITIES MAINTENANCE Supplies-Pool Pool Maintenance 251375 846 GRAPE BEGINNINGS Liquor Product Received Prairie Village Liquor Store 251607 843 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store 251372 841 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Autos Capital Impr/Maint Fixed 1016077 834 CHEMSEARCH Supplies-HVAC Ice Arena Maintenance Check# Amount Supplier/Explanation Account Description Business Unit Comments 251548 832 PRAIRIE EAST 5TH Refunds Water Conservation 251623 820 GLOBAL SPECIALTY CONTRACTORS,INC Contract Svcs-Pool Pool Maintenance 251667 819 PAUSTIS&SONS COMPANY Liquor Product Received Prairie View Liquor Store 251491 805 HENNEPIN COUNTY CHIEF OF POLICE ASSOC Dues&Subscriptions Police 1016048 805 DAKOTA SUPPLY GROUP INC Merchandise for Resale Water Metering 1016171 805 MENARDS Building Water Treatment 1016038 803 YOUNGSTEDTS COLLISION CENTER Autos Capital Impr/Maint Fixed 251308 800 SLIPSTREAM PROJECTS LLC Small Tools Fleet Operating 251612 800 DIETHELM,TAMMY L Other Contracted Services Pleasant Hill Cemetery 251622 790 GLOBAL EQUIPMENT COMPANY Building Capital Maint.&Reinvestment 1016022 784 CUSTOM HOSE TECH Equipment Parts Fleet Operating 251365 778 CORYA MARY Deposits-P&R Refunds Community Center Admin 251647 775 MAXIMUM SOLUTIONS INC Licenses,Permits,Taxes,Fees Ice Operations 1016101 769 GARTNER REFRIGERATION&MFG INC Contract Svcs-Ice Rink Ice Arena Maintenance 251566 766 STAPLES ADVANTAGE Office Supplies Customer Service 251387 764 LAKE COUNTRY DOOR LLC Contract Svcs-General Bldg Fire Station#1 1016220 758 COMPRESSED AIR CONCEPTS LLLC Contract Svcs-General Bldg Public Works/Parks 251265 757 JOHN HENRY FOSTER MINNESOTA INC Maintenance Contracts Water Treatment 251410 750 SAFETY SIGNS Equipment Repair&Maint Water System Maintenance 251674 750 PROBALL KATIE Other Contracted Services Winter Theatre 251531 746 MINNESOTA SAFETY SERVICES LLC Instructor Service Pool Lessons 1016127 709 BERRY COFFEE COMPANY Merchandise for Resale Concessions 251305 708 SCHERER BROTHERS LUMBER CO Building Materials Street Maintenance 251448 705 CENTURYLINK Other Broadband Internet IT Operating 251560 700 SOUNDS GREAT&SPECIAL SOUNDS INC Other Contracted Services Special Events&Trips 251216 698 BECKER ARENA PRODUCTS INC Contract Svcs-Ice Rink Ice Arena Maintenance 251295 691 ORGANIX SOLUTIONS Waste Disposal City Hall-Direct Costs 1016114 688 SPS COMPANIES Supplies-HVAC Water Treatment 251316 687 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 251349 684 BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store 251682 675 SNAP-ON TOOLS Small Tools Fleet Operating 251439 650 BLOOMINGTON,CITY OF Kennel Services Animal Control 251473 650 FBI-LEEDA Tuition Reimbursement/School Police 251648 650 MEDICINE LAKE TOURS Special Event Fees Senior Center Programs 1016236 642 WATSON CO INC,THE Merchandise for Resale Concessions 251650 641 MIDWAY INDUSTRIAL SUPPLY CO INC Supplies-Plumbing Fire Station#1 251549 629 PROP-DO NOT USE United Way Withheld Health and Benefits 1016153 627 BIFFS INC Waste Disposal Park Maintenance 251653 623 MILLER DUNWIDDIE Other Contracted Services Facilities Capital 251543 623 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire 251649 600 MELLGREN WAYNE Capital Under$25,000 Pool Operations 251630 590 HOPKINS SCHOOL DISTRICT ISD270 Fiber Lease Payments IT Operating 251459 585 COSTCO Operating Supplies-Dept Events Organizational Services 251391 584 MIDWEST COCA COLA BOTTLING COMPANY Liquor Product Received Prairie Village Liquor Store 1016175 583 MOOD MEDIA Other Contracted Services Prairie Village Liquor Store 251208 579 ABRA AUTO BODY&GLASS Equipment Repair&Maint Fleet Operating 251249 573 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store 251619 565 ESTRINE,ROBERT Other Contracted Services Community Band 1016057 564 PARLEY LAKE WINERY Liquor Product Received Prairie View Liquor Store 251404 563 RAINBOW LAWN CARE Other Contracted Services Facilities Capital 1016079 562 FASTENAL COMPANY Equipment Parts Traffic Signs 251601 560 BWS HEATING&AIR CONDITIONING Contract Svcs-HVAC City Hall-CAM 1016221 560 DAKOTA SUPPLY GROUP INC Merchandise for Resale Water Metering Check# Amount Supplier/Explanation Account Description Business Unit Comments 1016188 558 WATSON CO INC,THE Merchandise for Resale Concessions 1016230 557 NUCO2 INC Supplies-Pool Pool Maintenance 1016070 556 SVOBODA,ANTHONY Tuition Reimbursement/School Organizational Services 251240 553 ENKI BREWING COMPANY INC Liquor Product Received Prairie View Liquor Store 251535 550 MSFDA Dues&Subscriptions Fire 1016142 543 THE OASIS GROUP Employee Assistance Organizational Services 1016152 535 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 1016159 531 ESS BROTHERS&SONS INC Repair&Maint.Supplies Wastewater Maintenance 251467 526 EDEN PRAIRIE FOUNDATION United Way Withheld Health and Benefits 251697 525 WELLS FARGO BANK MINNESOTA NA Paying Agent GO Penn Impr Ref Bonds 2011D 1016157 520 DREW'S CONCESSIONS LLC Merchandise for Resale Concessions 251529 520 MINNESOTA CHIEFS OF POLICE ASSOC Dues&Subscriptions Police 251244 519 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance 1016099 515 DAIKIN APPLIED Contract Svcs-Electrical City Hall-CAM 1016041 509 ASPEN WASTE SYSTEMS INC. Waste Disposal Utility Operations-General 251385 505 KEEPRS INC. Clothing&Uniforms Police 251501 500 IACP Dues&Subscriptions Police 251526 500 METRO CHIEF FIRE OFFICERS ASSOCIATION Dues&Sub-Memberships Fire 251561 500 SOUTH METRO PUBLIC SAFETY TRAINING FACIL Tuition Reimbursement/School Police 1016187 494 VARITECH INDUSTRIES INC Equipment Parts Snow&Ice Control 1016218 481 BOYER TRUCKS Equipment Parts Fleet Operating 1016201 477 METROPOLITAN FORD Equipment Parts Fleet Operating 1016097 453 BOYER TRUCKS Equipment Parts Fleet Operating 1016151 447 AMERITRAK Other Contracted Services Snow&Ice Control 251353 442 BWS HEATING&AIR CONDITIONING Contract Svcs-HVAC City Hall-CAM 251250 441 GROUP HEALTH INC-WORKSITE Other Contracted Services Community Center Admin 1016197 434 CUSTOM HOSE TECH Equipment Repair&Maint Fleet Operating 6001 434 ULTIMATE SOFTWARE GROUP,THE Garnishment Withheld Health and Benefits 251234 426 EARL F ANDERSEN INC Other Revenue Historical Culture 6012 425 ULTIMATE SOFTWARE GROUP,THE Garnishment Withheld Health and Benefits 251669 421 PLASTIC BAG MART Liquor Product Received Prairie View Liquor Store 251299 420 PINE PRODUCTS INC Landscape Materials/Supp Community Center 251624 419 GRAPE BEGINNINGS Liquor Product Received Prairie Village Liquor Store 251260 416 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 1016111 414 PARLEY LAKE WINERY Liquor Product Received Prairie View Liquor Store 251606 409 CINTAS CORPORATION #470 Cleaning Supplies Utility Operations-General 1016125 408 AHO,BRAD Deposits City Council 1016067 407 WATSON CO INC,THE Merchandise for Resale Concessions 251219 405 BLOOMINGTON SECURITY SOLUTIONS Other Contracted Services Park Maintenance 251481 401 GRAPE BEGINNINGS Liquor Product Received Prairie Village Liquor Store 251368 400 DIETHELM,TAMMY L Other Contracted Services Pleasant Hill Cemetery 251326 389 WACONIA BREWING COMPANY Liquor Product Received Prairie View Liquor Store 251603 389 CAPREF EDEN PRAIRIE LLC Building Rental Housing and Community Service 1016108 387 MN SUPPLY Equipment Parts Fleet Operating 251302 385 RYSKAMP LISA AR Utility Water Enterprise Fund 251617 384 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Autos Capital Maint.&Reinvestment 251595 380 BLUE TARP FINANCIAL INC Building Capital Maint.&Reinvestment 251478 379 GARELICK STEEL CO INC Equipment Parts Fleet Operating 1016180 379 REINDERS INC Chemicals Park Maintenance 1016029 377 MUNOZ,CESAR Training Supplies Police 1016086 377 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 251693 376 ULTIMATE SOFTWARE GROUP,THE Other Contracted Services Organizational Services 251209 365 ACE TRAILER SALES Equipment Repair&Maint Fleet Operating Check# Amount Supplier/Explanation Account Description Business Unit Comments 251585 365 PETTY CASH-POLICE DEPT Motor Fuels Police 251575 364 UNITED WAY United Way Withheld Health and Benefits 1016132 363 FASTENAL COMPANY Equipment Parts Park Maintenance 251685 362 SPEEDPRO IMAGING INC Operating Supplies Ice Operations 251456 355 COMMUNITY HEALTH CHARITIES OF MINNESOTA United Way Withheld Health and Benefits 1016196 348 CARLSTON,BRANDON Mileage&Parking Police 251605 347 CBIZ FINANCIAL SOLUTIONS INC Other Contracted Services Organizational Services 1016024 345 GREATAMERICA FINANCIAL SVCS Postage Customer Service 1016158 339 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits 1016217 338 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 251291 335 O'BRIEN,COLLIN L. Operating Supplies-Dept Events Fire 1016207 334 TOLL GAS AND WELDING SUPPLY Equipment Repair&Maint Fleet Operating 1016023 334 ELLIS,ROBERT Mileage&Parking Engineering 251686 332 STAPLES ADVANTAGE Office Supplies Police 251472 332 ENKI BREWING COMPANY INC Liquor Product Received Prairie View Liquor Store 1016177 330 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Pool Maintenance 251495 328 HENNEPIN COUNTY TREASURER Contract Svcs-Garden Romm Garden Room Repairs 1016198 325 FASTENAL COMPANY Lab Supplies Fleet Operating 1016033 323 STONEBROOKE Equipment Parts Fleet Operating 251253 323 HENNEPIN COUNTY I/T DEPT Equipment Repair&Maint Public Safety Communications 251381 321 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 1016227 319 METRO SALES INCORPORATED* Equipment Rentals IT Operating 1016056 317 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store 251403 315 PRINT SOURCE MINNESOTA Printing Community Center Admin 251583 315 SCOTT COUNTY SHERIFFS OFFICE Deposits Escrow 251232 314 DEALER AUTOMOTIVE SERVICES INC Autos Fleet Operating 251247 307 GRAPE BEGINNINGS Liquor Product Received Den Road Liquor Store 251213 306 ASPEN MILLS Clothing&Uniforms Fire 1016100 305 FASTSIGNS Signs Park Maintenance 1016088 303 RUE,RODNEY Mileage&Parking Engineering 251555 300 SARAH PIERCE PHOTOGRAPHY Other Contracted Services Special Events&Trips 251688 300 STATE OF MINNESOTA DEPT OF PUBLIC SAFETY Licenses&Taxes Water Treatment 251692 300 TREE STUMP CO THE Contract Svcs-Lawn Maint. City Hall-CAM 251293 297 OLSEN CHAIN&CABLE Repair&Maint.Supplies Fire 251437 296 BERNICK'S WINE Liquor Product Received Prairie Village Liquor Store 251338 293 SCOTT COUNTY SHERIFF'S OFFICE Deposits Escrow 251221 293 BOURGET IMPORTS Liquor Product Received Prairie View Liquor Store 251361 289 COMCAST Legal Fire 251582 289 WORKS COMPUTING INC Hardware-Rpr&Mtc IT Operating 1016206 288 STREIFF,CHAD Travel Expense Police 251435 288 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 1016083 287 MINNESOTA CLAY CO.USA Capital Under$25,000 Arts Center 1016204 287 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 251284 285 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Traffic Signals 251321 282 TRUE FABRICATIONS Liquor Product Received Prairie View Liquor Store 251691 280 THREE RIVERS PARK DISTRICT Other Contracted Services Skating Rinks/Warming Houses 251409 273 RIVERSIDE MECHANICAL Outside Water Sales Escrow 1016144 272 TYRA-LUKENS,NANCY Mileage&Parking City Council 251618 271 ENVIRONMENTAL RESOURCE ASSOCIATES Laboratory Chemicals Water Treatment 251259 270 HORIZON CPO SEMINARS Conference/Training Facilities Staff 251373 270 FRESHWATER SOCIETY Conference/Training Street Maintenance 251499 270 HORIZON CPO SEMINARS Conference/Training Facilities Staff 251514 270 KAISER,DAVID S Contract Svcs-Fire/Life/Safe Fitness Center Check# Amount Supplier/Explanation Account Description Business Unit Comments 1016194 268 BERRY COFFEE COMPANY Merchandise for Resale Concessions 251541 265 OLSEN CHAIN&CABLE Repair&Maint.Supplies Park Maintenance 1016054 263 KIDCREATE STUDIO Other Contracted Services Water Conservation 251417 260 SUMMIT COMPANIES EMS Supplies-EMS Supplies Fire 1016018 260 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Den Road Liquor Store 1016126 260 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Den Road Liquor Store 251283 259 MINNESOTA PRINT MANAGEMENT LLC Operating Supplies Finance 1016129 259 BUSINESS ESSENTIALS Office Supplies Utility Operations-General 6008 257 VANCO SERVICES Bank and Service Charges Wastewater Accounting 251272 256 LANO EQUIPMENT INC Equipment Parts Fleet Operating 251366 256 DELEGARD TOOL CO Building Capital Maint.&Reinvestment 251384 255 KAISER,DAVID S Safety Supplies Pool Operations 1016087 253 R&R SPECIALTIES OF WISCONSIN INC Repair&Maint-Ice Rink Ice Arena Maintenance 251345 250 ATOM Dues&Subscriptions Police 251475 250 FISCHER,TOM Other Contracted Services Fire 251528 250 MID-STATES ORGANIZED CRIME INFO CENTER Dues&Subscriptions Police 251588 250 ARCPOINT LABS OF EDEN PRAIRIE Employment Support Test Organizational Services 251500 249 HOTSY MINNESOTA Supplies-Plumbing Public Works/Parks 251290 247 NAC Contract Svcs-HVAC Fitness/Conference-Cmty Ctr 251267 243 KEEPRS INC. Clothing&Uniforms Police 251380 243 HOTSY MINNESOTA Contract Svcs-Plumbing Public Works/Parks 1016113 242 SCHWAB VOLLHABER LUBRATT SERVICE CORO Contract Svcs-HVAC City Hall-CAM 251522 240 MAGC Dues&Subscriptions Communications 251651 239 MIDWEST COCA COLA BOTTLING COMPANY Liquor Product Received Prairie Village Liquor Store 251220 234 BOUND TREE MEDICAL LLC EMS Supplies-EMS Supplies Fire 1016138 234 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 251324 233 VERIZON WIRELESS Telephone Park Maintenance 251237 232 EDEN PRAIRIE NOON ROTARY CLUB Dues&Subscriptions Housing and Community Service 251468 232 EDEN PRAIRIE NOON ROTARY CLUB Dues&Subscriptions Police 251568 231 SUMMIT COMPANIES EMS Supplies Fire 251364 230 CONTINENTAL SAFETY EQUIPMENT Repair&Maint-Ice Rink Ice Arena Maintenance 251446 230 CAI ZHILING Inspection Fee Housing Inspections 251243 228 FLAHERTYS HAPPY TYME COMPANY Liquor Product Received Prairie View Liquor Store 1016102 221 GINA MARIAS INC Operating Supplies Fire 1016109 218 MOTOROLA Equipment Repair&Maint Public Safety Communications 1016064 216 TWIN CITY SEED CO Landscape Materials/Supp Stormwater Non-Capital 251355 216 CENTURYLINK Telephone IT Telephone 251469 215 EHLERS&ASSOCIATES INC Other Contracted Services TIF-EDENVALE TOWNHOMES 251251 214 HALDEMANN HOMME INC Supplies-General Bldg Fitness/Conference-Cmty Ctr 251539 214 NOKOMIS SHOE SHOP Clothing&Uniforms Inspections-Administration 251480 213 GOPHER STATE ONE-CALL OCS-Leak Detection Utility Operations-General 251331 213 Z WINES USA LLC Liquor Product Received Prairie View Liquor Store 1016226 211 MENARDS Operating Supplies Park Maintenance 251369 205 DIRECTV Cable TV Community Center Admin 251487 203 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Stormwater Non-Capital 251425 203 3RD LAIR Instructor Service Special Events&Trips 1016149 201 ZEP SALES AND SERVICE Repair&Maint.Supplies Water System Maintenance 251239 200 ELLENSON KAREN Deposits-P&R Refunds Community Center Admin 251434 200 BARCLAY TATUM Deposits-P&R Refunds Community Center Admin 251497 200 HESSE MICHELLE Deposits-P&R Refunds Community Center Admin 251554 200 ROSSELIT TAMMY Deposits-P&R Refunds Community Center Admin 251477 199 G&K SERVICES-MPLS INDUSTRIAL Operating Supplies Park Maintenance 6006 197 OPTUM HEALTH Other Contracted Services Health and Benefits Check# Amount Supplier/Explanation Account Description Business Unit Comments 251694 195 USA INFLATABLES Other Contracted Services Day Camp 251337 193 SCOTT COUNTY SHERIFFS OFFICE Deposits Escrow 251494 193 HENNEPIN COUNTY RESIDENT&REAL ESTATE Other Contracted Services Engineering 1016094 191 WERNER ELECTRIC SUPPLY CO. Supplies-Pool Pool Maintenance 251515 190 KEEPRS INC. Clothing&Uniforms Police 251310 186 SOUTHWEST NEWS MEDIA Legal Notices Publishing City Clerk 1016076 184 BUSINESS ESSENTIALS Office Supplies Utility Operations-General 251483 183 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store 251591 183 BARTLEY SALES COMPANY INC Supplies-General Bldg Fitness/Conference-Cmty Ctr 251210 180 ALLINA HEALTH SYSTEM Training Supply-Weekly Fire 1016032 177 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie View Liquor Store 251631 176 HOTSY MINNESOTA Contract Svcs-Plumbing Public Works/Parks 1016019 175 BOUNDLESS NETWORK Clothing&Uniforms Facilities Staff 251256 175 HENNEPIN TECHNICAL COLLEGE Tuition Reimb-College Tuition Fire 5999 174 VANCO SERVICES Miscellaneous Community Center Admin 251505 172 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 251661 170 MUEHLBAUER,THOMAS G Other Contracted Services Community Band 1016073 170 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie Village Liquor Store 251254 169 HENNEPIN COUNTY TREASURER Waste Disposal Park Maintenance 251255 166 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning 251436 166 BAY ELECTRONICS INC Equipment Repair&Maint Public Safety Communications 1016026 166 HIRSHFIELD'S Repair&Maint.Supplies Water Treatment 251523 166 MAIER ANGIE Office Supplies Fire 251609 165 COMMERCIAL DOOR SYSTEMS INC Equipment Repair&Maint Water Supply(Wells) 251664 163 OLSEN'S EMBROIDERY/COMPANY Safety Supplies Fleet Operating 1016047 159 D&D INSTRUMENTS Equipment Repair&Maint Fleet Operating 1016240 158 ZIEGLER INC Equipment Repair&Maint Fleet Operating 1016135 158 MPX GROUP,THE Printing Police 1016052 152 GRAINGER Supplies-HVAC Dunn Brothers 251318 150 THOM,JOHN Conference/Training Utility Operations-General 251420 150 US POLICE CANINE ASSOCIATION REGION 18 Dues&Subscriptions Police 251665 150 OLYMPIC HILLS GOLF CLUB Miscellaneous Internal Events 251671 150 PRAHA DISTRIBUTING Liquor Product Received Prairie View Liquor Store 1016186 150 USA SECURITY Maintenance Contracts Utility Operations-General 1016203 150 PROSOURCE SUPPLY Operating Supplies Ice Operations 251211 149 ALTERNATIVE BUSINESS FURNITURE INC Repair&Maint.Supplies Police City Center 1016066 149 UPS Postage Planning 251386 149 KENDELL DOORS&HARDWARE INC Supplies-General Bldg Prairie View Liquor Store 251584 148 BOYLE BARBARA Deposits-P&R Refunds Community Center Admin 251454 146 COMCAST Equipment Repair&Maint E-911 Program 251332 138 CANNON RIVER WINERY Liquor Product Received Prairie Village Liquor Store 251407 138 RIFFLAND SOLUTIONS Operating Supplies Water Conservation 251476 135 FRESHWATER SOCIETY Conference/Training Street Maintenance 251356 133 CINTAS CORPORATION #470 Cleaning Supplies Utility Operations-General 251604 132 CARLOS CREEK WINERY Liquor Product Received Den Road Liquor Store 251392 130 MINNESOTA CHIEFS OF POLICE ASSOC Dues&Subscriptions Police 251655 130 MINNESOTA CHIEFS OF POLICE ASSOC Dues&Subscriptions Police 251699 130 WURSCHER BRYAN Refunds Water Conservation 251449 130 CINTAS CORPORATION #470 Cleaning Supplies Utility Operations-General 251289 125 MPELRA Conference/Training Human Resources 251643 125 LOES OIL COMPANY Waste Disposal Fleet Operating 1016072 125 ADAMS PEST CONTROL INC Building Repair&Maint. Utility Operations-General 1016195 125 BUNCH,DENISE H Tuition Reimbursement/School Fitness Classes Check# Amount Supplier/Explanation Account Description Business Unit Comments 1016200 125 KIRCHBERG KIRA Tuition Reimbursement/School Fitness Classes 251269 124 KNOX COMPANY Small Tools Fire 251613 123 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 1016075 122 BERRY COFFEE COMPANY Merchandise for Resale Elections 251592 121 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 251405 121 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store 251519 120 LETG LLC Dues&Subscriptions Police 1016137 120 PRINTERS SERVICE INC Contract Svcs-Ice Rink Ice Arena Maintenance 1016202 120 MITTELSTADT,SCOTT Canine Supplies Police 251314 117 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 251700 115 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 1016119 114 VIKING ELECTRIC SUPPLY Supplies-Electrical Police City Center 1016229 114 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 251285 113 MINNESOTA WANNER COMPANY Supplies-Plumbing Fleet Operating 251573 112 TRANSUNION RISK&ALTERNATIVE DATA Other Contracted Services Police 251532 111 MINNESOTA TROPHIES&GIFTS Operating Supplies Police 251262 106 J H LARSON COMPANY Repair&Maint.Supplies Community Center 251509 105 JCB PRODUCTS Operating Supplies Fitness Center 251367 105 DEPARTMENT OF NATURAL RESOURCES Licenses&Taxes Park Maintenance 1016089 105 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie View Liquor Store 251471 102 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Autos Capital Maint.&Reinvestment 251297 102 PETSMART Canine Supplies Police 1016078 102 DUNGAN,TRACY Mileage&Parking Concessions 1016081 101 GOLDAMER,DANA Mileage&Parking Community Center Admin 251214 100 BALDWIN BRUCE Refunds Water Conservation 251229 100 COOPER KEN Refunds Water Conservation 251231 100 COWDERY DEAN Refunds Water Conservation 251252 100 HEDIN KIRSTEN Refunds Water Conservation 251270 100 KRULIK JUSTIN Refunds Water Conservation 251276 100 LOWRY LAURA Refunds Water Conservation 251303 100 RYSTED KATIE Refunds Water Conservation 251317 100 TADAVARTHY PRAMEELA Refunds Water Conservation 251339 100 MINTA-LOFTON JANELL Refunds Water Conservation 251376 100 GRAUSAM SHARON Refunds Water Conservation 251397 100 PARKER DEAN Refunds Water Conservation 251450 100 CLARK SUSAN Refunds Water Conservation 251484 100 GUSTAFSON KEVIN Refunds Water Conservation 251516 100 KIM CHAN Refunds Water Conservation 251537 100 NARAYANAN NAGAPAN Refunds Water Conservation 251556 100 SCW WIM INC Licenses,Permits,Taxes,Fees Fitness Classes 251567 100 STOIA,JAMIE Refunds Water Conservation 251580 100 WELTER,RAY Refunds Water Conservation 251638 100 KENDELL DOORS&HARDWARE INC Contract Svcs-General Bldg Police City Center 251652 100 MIETTUNEN JARED Refunds Water Conservation 251702 100 LYNCH,MICHAEL Deposits Escrow 251307 100 SILVER STAR INDUSTRIES Equipment Parts Fleet Operating 251412 100 SILVER STAR INDUSTRIES Equipment Parts Fleet Operating 251680 100 SILVER STAR INDUSTRIES Equipment Parts Fleet Operating 251401 100 POTTER KURT Tuition Reimbursement/School Fitness Classes 1016069 99 ZIEGLER INC Equipment Parts Fleet Operating 251348 99 BERTELSON MARK Refunds Water Conservation 1016214 99 ASPEN EQUIPMENT CO. Equipment Parts Fleet Operating 251513 97 JOHNSON LITHO GRAPHICS OF EAU CLAIRE LTD Printing Winter Theatre Check# Amount Supplier/Explanation Account Description Business Unit Comments 251430 92 APCO INTERNATIONAL Dues&Subscriptions Police 251402 90 PRAHA DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 251576 90 UNIVERSAL ATHLETIC SERVICES INC Awards Volleyball 1016090 89 SITEONE LANDSCAPE SUPPLY,LLC Operating Supplies Ice Operations 251557 87 SERK HOLLY AR Utility Water Enterprise Fund 251294 87 OLSEN'S EMBROIDERY/COMPANY Clothing&Uniforms Engineering 251359 86 COMCAST Cable TV Fire 251328 85 WMCA Conference/Training City Clerk 251455 85 COMCAST Cable TV Fire 251323 84 UNIFORMS UNLIMITED Clothing&Uniforms Police 251344 83 AT&T MOBILITY Pager&Cell Phone Water System Maintenance 251441 82 BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store 251411 81 SHRED RIGHT Waste Disposal City Center Operations 251525 80 MATTS AUTO SERVICE INC Equipment Repair&Maint Fleet Operating 251644 80 MAGC Dues&Subscriptions Communications 1016074 79 BATTERIES PLUS Operating Supplies Park Maintenance 1016140 79 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie Village Liquor Store 251277 77 MANGONE MICHAEL AR Utility Water Enterprise Fund 251571 75 TCIC INC Improvement Contracts Water Capital 251695 75 WALLIS CORI Tuition Reimb-College Core Fire 1016027 75 HUNT,JASON Clothing&Uniforms Police 251300 72 PK BLOODY MARY CORP Liquor Product Received Prairie View Liquor Store 1016044 71 BOYER TRUCKS Equipment Parts Fleet Operating 1016162 71 GINA MAMAS INC Operating Supplies Police 251553 69 REYNOLDS ERIK Refunds Water Conservation 251419 69 ULTIMATE SOFTWARE GROUP,THE Ultimate(prey.Ceridian) IT Operating 1016222 67 GRAFIX SHOPPE Equipment Parts Fleet Operating 251389 66 LUBE-TECH&PARTNERS LLC Lubricants&Additives Fleet Operating 251415 66 SPIRIT APPAREL AND STUFF Clothing&Uniforms Community Center Admin 251426 64 440400-NCPERS MINNESOTA PERA Health and Benefits 1016117 64 UPS Postage Planning 251292 62 OFFICE OF MN IT SERVICES Other Contracted Services Police 251687 62 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 1016051 60 GINA MAMAS INC Operating Supplies Reserves 251227 60 CITY ENGINEERS ASSOC OF MINNESOTA Dues&Subscriptions Engineering 251657 60 MINNESOTA PRIMA Dues&Subscriptions Human Resources 1016130 60 CARLSON,KEVIN Mileage&Parking Water Treatment 1016225 58 IDENTISYS Printers-Accessories IT Operating 251263 58 JERAN PROPERTIES Deferred Revenue General Fund 251416 55 STAPLES ADVANTAGE Office Supplies Customer Service 1016040 54 ASPEN EQUIPMENT CO. Equipment Parts Fleet Operating 251464 53 DIRECTV Other Contracted Services Police 251452 53 COMCAST Other Broadband Internet IT Operating 251551 52 RDO EQUIPMENT CO Equipment Parts Fleet Operating 251268 50 KIM BYUNG Refunds Water Conservation 251271 50 KUYAVA,CHARLES Refunds Water Conservation 251304 50 SAJJALA SESHADRI Refunds Water Conservation 251370 50 DYE BRIAN Refunds Water Conservation 251465 50 DOROTHY ROBERTA Refunds Water Conservation 251502 50 IAPE Dues&Subscriptions Police 251512 50 JOHNSON DARYL Refunds Water Conservation 251542 50 OLSEN'S EMBROIDERY/COMPANY Clothing&Uniforms Utility Operations-General 251518 50 LANO EQUIPMENT INC Equipment Parts Fleet Operating Check# Amount Supplier/Explanation Account Description Business Unit Comments 1016080 49 GOERGEN,MARIE Tuition Reimbursement/School Fitness Classes 1016178 48 PREMIUM WATERS INC Operating Supplies-Water Fire 251524 45 MAMA Conference/Training Administration 251640 44 KROMMINGA RYAN Refunds Water Conservation 251610 43 CUB FOODS EDEN PRAIRIE Clothing&Uniforms Police 1016179 42 QUICKSILVER EXPRESS COURIER Other Contracted Services Wastewater Accounting 251287 40 MORGAN,NICHOLAS Deposits-Health Reimb. Community Center Admin 1016031 39 QUALITY PROPANE Equipment Parts Fleet Operating 1016193 39 BATTERIES PLUS Operating Supplies Water System Maintenance 251608 36 COMCAST Cable TV Fire 251633 35 IEDITWEB INC Contract Svcs-Garden Romm Garden Room Repairs 251701 34 JACOBSON MARJORIE Deposits Escrow 251676 33 RETROFIT COMPANIES,INC,THE Supplies-Electrical Fitness/Conference-Cmty Ctr 251627 32 HANCE ACE HARDWARE Equipment Parts Fleet Operating 251675 32 REAL TIME LEASING Inspection Fee Housing Inspections 251334 30 MALLO JOHN Reimbursement Outdoor Center 251236 30 EDEN PRAIRIE CHAMBER OF COMMERCE Conference/Training Economic Development 251596 29 BOSACKER,MIKE Mileage&Parking Police 1016205 28 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Den Road Liquor Store 251461 26 CUB FOODS EDEN PRAIRIE Operating Supplies Reserves 1016060 26 PRIORITY COURIER EXPERTS Equipment Parts Fleet Operating 1016139 25 SAMIDE,RAY Mileage&Parking Skating Rinks/Warming Houses 251463 25 DEM CON LANDFILL LLC Waste Disposal Fleet Operating 1016053 25 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance 251660 23 MPCA Licenses&Taxes Wastewater Collection 251590 22 AT&T MOBILITY Pager&Cell Phone Park Maintenance 251313 21 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 251278 20 MARGO,TERRI&KATHI Deposits-Health Reimb. Community Center Admin 251282 20 MIKKELSON,SCOTT Deposits-Health Reimb. Community Center Admin 251533 20 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Creek Woods 251586 20 3E COMPANY Non-Develop.Fire Permits General Fund 251634 20 IPMA-HR MN Conference/Training Human Resources 251645 20 MAMA Miscellaneous Administration 251558 18 SIR KNIGHT CLEANERS Clothing&Uniforms Fire 251358 18 COMCAST Cable TV Fire 251447 18 CAMPBELL KNUTSON,P.A. Other Contracted Services WAFTA 251666 18 OMEGA INDUSTRIES Operating Supplies Park Maintenance 251663 17 OFFICE OF MN IT SERVICES Other Contracted Services Police 251462 17 DELEGARD TOOL CO Small Tools Fleet Operating 251360 16 COMCAST Cable TV Fire 251453 16 COMCAST Cable TV Fire 251451 16 CLEAN N PRESS MTKA Clothing&Uniforms Police 251486 13 HAGERT CASEY Mileage&Parking Youth Programs Admin 251508 12 J H LARSON COMPANY Repair&Maint.Supplies Round Lake 251374 11 GENERAL OFFICE PRODUCTS COMPANY Supplies-General Bldg Fitness/Conference-Cmty Ctr 251228 9 COMCAST Operating Supplies-Linens Fire 251322 8 TURNER,ANDREW AR Utility Water Enterprise Fund 251218 8 BLACK&DECKER,U S INC Repair&Maint.Supplies Water Treatment 1016185 7 UPS Postage Fire 251534 5 Modern Auto Care,Inc. Non-Develop.Fire Permits General Fund 251503 4 IDEA CREEK LLC,THE Operating Supplies Fire 251362 2 COMCAST Other Contracted Services Police 9,570,917 Grand Total City of Eden Prairie Purchasing Card Payment Report 2/14/2017 Amount Explanation Vendor Account Description Business Unit 3,326 US-Nov16 bldg surchgs DEPT OF LABOR&INDUSTRY Building Surcharge General Fund 2,045 US-meeting CRAVE CATERING Operating Supplies Fire 1,906 US-volleyball EDEN PRAIRIE SCHOOL DISTRICT Gym Rental Volleyball 1,416 US-30 day yoga mats YOGAACCESSORIES.COM Retention Program Community Center Admin 1,388 US-holiday lunch KOWALSKI'S MARKET Special Event Fees Senior Center Programs 1,300 US-vehicle 725 repair LENZEN CHEVROLET Equipment Parts Fleet Operating 1,099 US-IWCE conf IWCE Conference/Training Public Safety Communications 1,040 US-seminar for required CEV's UNIVERSITY OF MINNESOTA Conference/Training Inspections-Administration 850 US-connect conf C Munoz CONNECT Tuition Reimbursement/School Police 850 US-connect conf L Vik CONNECT Tuition Reimbursement/School Police 850 US-conect conf B Wyffels CONNECT Tuition Reimbursement/School Police 850 US-connect conf M Sackett CONNECT Tuition Reimbursement/School Police 811 US-office supplies AMAZON.COM Office Supplies Police 772 US-label tapes BRADY WORLDWIDE INC Office Supplies Utility Operations-General 735 US-apa conf APA NORTHSTAR CHAPTER Conference/Training Planning 680 US-licenses for music ASCAP Licenses,Permits,Taxes,Fees Staring Lake Concert 680 US-open gym EDEN PRAIRIE SCHOOL DISTRICT Gym Rental Adult Open Gym 650 US-R Davis FBI-LEEDA Tuition Reimbursement/School Police 650 US-G Weber training FBI-LEEDA Tuition Reimbursement/School Police 600 US-pickleball nets PICKLEBALLCENTRAL.COM Operating Supplies Gymnasium(CC) 500 US-training EVENTBRITE Conference/Training Fire 500 US-BCA training BCA Tuition Reimbursement/School Police 500 US-blinds for nebraska trip CRANE TRUST Program Trips Outdoor Center 497 US-dec dues SCW WIM INC Licenses,Permits,Taxes,Fees Fitness Classes 486 US-EPFD holiday party NOTHING BUNDT CAKES Operating Supplies Fire 465 US-aftercare art supplies AMAZON.COM Operating Supplies Arts 453 US-gateway fees NCR SPECIALTY Bank and Service Charges Den Road Liquor Store 447 US-bday party DISPLAYS2GO Operating Supplies Birthday Parties 434 US-water school lunches CRUMB GOURMET DELI Training Supplies Utility Operations-General 429 US-label printer AMAZON.COM Operating Supplies Fire 405 US-plywood HOME DEPOT CREDIT SERVICES Repair&Maint. Supplies Water System Maintenance 398 US-training APCO INTERNATIONAL Tuition Reimbursement/School Police 394 US-water school food CRUMB GOURMET DELI Training Supplies Utility Operations-General 390 US-Meca conf Randy S MINNESOTA EROSION CONTROL Conference/Training Engineering 377 US-Nov16 bldg surchgs DEPT OF LABOR&INDUSTRY Mechanical Surcharge General Fund 373 US-owl and critter food RODENT PRO Operating Supplies Outdoor Center 361 US-truck-EMS AMAZON.COM EMS Supplies Fire 348 US-theater stand DISPLAYS2GO Operating Supplies Summer Theatre 345 US-Ruzek conf registration 123 SIGNUP.COM Conference/Training Human Resources 343 US-blinds for nebraska trip ROWE SANCTUARY Program Trips Outdoor Center 334 US-water school lunches DAVANNI'S PIZZA Training Supplies Utility Operations-General 322 US-30 day socks SOCK GUY Retention Program Community Center Admin 320 US-trade show MN NURSERY&LANDSCAPE Tuition Reimbursement/School Park Maintenance 319 US-pesticide recert MN NURSERY&LANDSCAPE Conference/Training Park Maintenance 319 US-pesticide recert MN NURSERY&LANDSCAPE Conference/Training Park Maintenance 315 US-hydro fit noodles HYDROFIT Capital Under$25,000 Fitness Classes Amount Explanation Vendor Account Description Business Unit 315 US-landscape supplies NORTHERN SAFETY AND INDUSTRIAL Landscape Materials/Supp Street Maintenance 308 US-utility pump MENARDS Repair&Maint.Supplies Water Treatment 305 US-skate sharpening SPARXHOCKEY.COM Operating Supplies Ice Operations 302 US-council food QDOBA MEXICAN GRILL Miscellaneous City Council 300 US-trng conf GTS Conference/Training IT Operating 300 US-card puncher KEYLESS.CO Repair&Maint.Supplies Fitness/Conference-Cmty Ctr 296 US-ITE membership dues-Rod INSTITUTE OF TRANSPORTATION EN Dues&Subscriptions Engineering 296 US-ITE membership dues-Randy N INSTITUTE OF TRANSPORTATION EN Dues&Subscriptions Engineering 290 US-Nov16 bldg surchgs DEPT OF LABOR&INDUSTRY Plumbing Surcharge General Fund 281 US-critter food PETCO Operating Supplies Outdoor Center 280 US-B Dupont lodging HOLIDAY INN&SUITES DULUTH Tuition Reimbursement/School Police 280 US-P Vansickle lodging HOLIDAY INN&SUITES DULUTH Tuition Reimbursement/School Police 277 US-CPO HORIZON COMMERCIAL POOL SUPPLY Licenses,Permits,Taxes,Fees Facilities Staff 272 US-field case/spec ops bundle OXX INC Repair&Maint. Supplies Emergency Preparedness 268 US-basketball EDEN PRAIRIE SCHOOL DISTRICT Gym Rental Basketball 263 US-dvd's for squad video/suppl AMAZON.COM Office Supplies Police 261 US-gateway fees NCR SPECIALTY Bank and Service Charges Prairie View Liquor Store 260 US-seminar for required CEV's UNIVERSITY OF MINNESOTA Conference/Training Inspections-Administration 260 US-seminar for required CEV's UNIVERSITY OF MINNESOTA Conference/Training Inspections-Administration 259 US-mailbox repair SALSBURY INDUSTRIES Building Materials Street Maintenance 256 US-monthly billing NIMBLE SCHEDULE Other Contracted Services Community Center Admin 251 US-printer ink HP HOME STORE Office Supplies Utility Operations-General 250 US-awards for league champs CVS PHARMACY Awards Athletic Programs Admin 250 US-BCA training BCA Tuition Reimbursement/School Police 244 US-food for plow team GINA MAMAS INC Capital Under$25,000 Snow&Ice Control 242 US-ipad charging cables APPLE.COM Operating Supplies Fire 241 US-day trip THREE RIVERS PARK DISTRICT Operating Supplies Special Events&Trips 240 US-training course MN JUVENILE OFFICERS ASSOCIATI Tuition Reimbursement/School Police 240 US-training course MN JUVENILE OFFICERS ASSOCIATI Tuition Reimbursement/School Police 236 US-liquor facebook ads FACEBOOK Advertising Den Road Liquor Store 236 US-liquor facebook ads FACEBOOK Advertising Prairie View Liquor Store 236 US-liquor facebook ads FACEBOOK Advertising Prairie Village Liquor Store 224 US-laminator for art ctr signa OFFICE DEPOT CREDIT PLAN Operating Supplies Arts Center 222 US-training manuals CALIFORNIA STATE UNIVERSITY,S Training Supplies Utility Operations-General 221 US-lights for pool AMAZON.COM Operating Supplies Pool Lessons 212 US-office supplies TARGET Office Supplies Housing and Community Service 207 US-christmas meal for duty cre BUCA Operating Supplies Fire 207 US-christmas meal for duty cre BUCA Operating Supplies Fire 207 US-locker TRAINER'S WAREHOUSE Operating Supplies Fire 206 US-bank sery charges PLUG N PAY Bank and Service Charges Community Center Admin 203 US-membership cards ID WHOLESALER Operating Supplies Community Center Admin 202 US-gateway fees NCR SPECIALTY Bank and Service Charges Prairie Village Liquor Store 200 US-landscape trng UNIVERSITY OF MINNESOTA Conference/Training Street Maintenance 200 US-A Swart cont ed MAAO Conference/Training Assessing 200 US-training UNIVERSITY OF MINNESOTA Conference/Training Street Maintenance 200 US-office supplies AMAZON.COM Operating Supplies Community Center Admin 199 US-council food JIMMY JOHNS Miscellaneous City Council 198 US-J Urbina CC EDEN PRAIRIE LIQUOR Deposits Escrow 198 US-J Urbina CC EDEN PRAIRIE LIQUOR Deposits Escrow 196 US-ink cartridge for squad vid AMAZON.COM Office Supplies Police Amount Explanation Vendor Account Description Business Unit 192 US-lights for pool AMAZON.COM Operating Supplies Pool Lessons 190 US-IAAO dues-John Sams IAAO Dues&Subscriptions Assessing 189 US-backpack-investigations AMAZON.COM Clothing&Uniforms Police 189 US-cpr trng AMERICAN RED CROSS Licenses,Permits,Taxes,Fees Pool Lessons 187 US-station labels AMAZON.COM Operating Supplies Fire 181 US-construction screw HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Water System Maintenance 176 US-playcare toys AMAZON.COM Operating Supplies Day Care 170 US-power surge strips AMAZON.COM Computers IT Operating 169 US-bank sery charges PLUG N PAY Bank and Service Charges Community Center Admin 168 US-door closer WHOLESALELOCKS.COM Repair&Maint. Supplies Prairie View Liquor Store 162 US-maint gloves MENARDS Repair&Maint. Supplies Water Treatment 160 US-supplies AMAZON.COM Operating Supplies Fire 159 US-coffee COFFEE WHOLESALE Operating Supplies Senior Center Programs 154 US-anti freeze MENARDS Repair&Maint. Supplies Wastewater Lift Station 154 US-batteries for flashers INTERSTATE BATTERY SYSTEM OF M Repair&Maint. Supplies Water System Maintenance 151 US-maint gloves MENARDS Repair&Maint. Supplies Water Treatment 151 US-supplies AMAZON.COM Operating Supplies Fire 150 US-cards for 2017 CARDS DIRECT Operating Supplies Fire 145 US-storage for uniforms AMAZON.COM Clothing&Uniforms Pool Lessons 135 US-office supplies AMAZON.COM Office Supplies Police 134 US-day trip CHUCK-E-CHEESE Operating Supplies Special Events&Trips 131 US-staff training food DAVANNI'S PIZZA Training Supplies Community Center Admin 130 US-tv for board room BEST BUY Equipment Repair&Maint Public Safety Communications 126 US-deposit books DELUXE BUSINESS FORMS AND SUPP Operating Supplies Senior Center Admin 122 US-label tapes BRADY WORLDWIDE INC Office Supplies Utility Operations-General 120 US-clipboards for lessons AMAZON.COM Operating Supplies Pool Lessons 118 US-lights for pool AMAZON.COM Operating Supplies Pool Lessons 115 US-fire dept battery AMAZON.COM Equipment Parts Fleet Operating 111 US-pool party supplies FUN EXPRESS Operating Supplies Pool Special Events 110 US-pro shop vending supplies HOCKEYMONKEY.COM Merchandise for Resale Concessions 109 US-supplies MENARDS Operating Supplies Ice Operations 109 US-eye wash PATTERSON MEDICAL Office Supplies Customer Service 106 US-signal tools HOME DEPOT CREDIT SERVICES Small Tools Traffic Signals 105 US-cpr trng AMERICAN RED CROSS Licenses,Permits,Taxes,Fees Pool Lessons 102 US-skate walkers MENARDS Operating Supplies Ice Operations 100 US-staff training DAVANNI'S PIZZA Operating Supplies Aquatics Admin. 100 US-MAAO dues Jody C MAAO Dues&Subscriptions Assessing 100 US-MAAO dues J Sams MAAO Dues&Subscriptions Assessing 100 US-MAAO dues D Buswell MAAO Dues&Subscriptions Assessing 100 US-MAAO dues for J Thompson MAAO Dues&Subscriptions Assessing 100 US-J Pike MAAO dues MAAO Dues&Subscriptions Assessing 100 US-MAAO dues A Swart MAAO Dues&Subscriptions Assessing 100 US-MPSTMA dues PAYPAL INC Dues&Subscriptions Park Maintenance 100 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 99 US-playcare toys AMAZON.COM Operating Supplies Day Care 97 US-valves#322 HARTFIEL AUTOMATION INC Equipment Parts Fleet Operating 97 US-books-after care art AMAZON.COM Operating Supplies Arts 96 US-ext cord/trash can MENARDS Repair&Maint.Supplies Utility Operations-General 96 US-breakfast for mgmt institut KOWALSKI'S MARKET Training Supplies Water Treatment 96 US-rinks orientation/office su TARGET Operating Supplies Youth Programs Admin Amount Explanation Vendor Account Description Business Unit 94 US-toner FS3 AMAZON.COM Process Control Equipment IT Operating 93 US-membership MINNESOTA STATE FIRE CHIEFS AS Dues&Subscriptions Fire 91 US-coffee cups US FOOD CULINARY EQUIPMENT&S Operating Supplies Senior Board 90 US-pickleball balls PICKLEBALLCENTRAL.COM Operating Supplies Gymnasium(CC) 89 US-toner AMAZON.COM Process Control Equipment IT Operating 87 US-lunch room supplies TARGET Operating Supplies Utility Operations-General 87 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 86 US-cables for sound equip TRIANGLECABLES.COM Operating Supplies Staring Lake Concert 86 US-pool party supplies PARTY CITY Operating Supplies Pool Special Events 85 US-training course HOMEFRONT PROTECTIVE GROUP Tuition Reimbursement/School Police 85 US-training course AIAFS Tuition Reimbursement/School Police 85 US-training course AIAFS Tuition Reimbursement/School Police 80 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 77 US-wedge anchor HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Utility Operations-General 77 US-sunshine fund TLF ELAINES FLOWERS AND GIFTS Deposits Escrow 77 US-office supplies AMAZON.COM Office Supplies Police 75 US-computer forecsic battery CPR EDEN PRAIRIE Office Supplies Police 75 US-printer cartridge HP HOME STORE Office Supplies Utility Operations-General 75 US-BCA training BCA Tuition Reimbursement/School Police 75 US-tot time AMAZON.COM Operating Supplies Day Care 73 US-mailbox repair SALSBURY INDUSTRIES Building Materials Street Maintenance 73 US-board room MY CABLE MART Equipment Repair&Maint Public Safety Communications 72 US-t shirts UBERPRINTS.COM Employee Award Organizational Services 71 US-lights for pool AMAZON.COM Operating Supplies Pool Lessons 71 US-books-after care art AMAZON.COM Operating Supplies Arts 70 US-B Novak Krebs AICP exam APA NORTHSTAR CHAPTER Dues&Subscriptions Planning 70 US-pavement rehab seminar-Mary UNIVERSITY OF MINNESOTA Conference/Training Engineering 70 US-pavement rehab seminar-Deni UNIVERSITY OF MINNESOTA Conference/Training Engineering 70 US-nremt test NATIONAL REGISTRY OF EMTS Dues&Subscriptions Fire 70 US-playcare signage POPCO INC Operating Supplies Day Care 69 US-snow removal brushes SHUTTS CO INC Equipment Parts Fleet Operating 67 US-christmas decrations MENARDS Office Supplies Utility Operations-General 65 US-holiday lunch EVENTBRITE Miscellaneous Internal Events 64 US-breakfast for mgmt institut KOWALSKI'S MARKET Training Supplies Water Treatment 64 US-music equip cables MONOPRICE Operating Supplies Staring Lake Concert 63 US-frames for wall DISPLAYS2GO Operating Supplies Fitness Center 60 US-holiday lunch WALGREEN'S#5080 Operating Supplies Internal Events 60 US-ipad chargers BEST BUY Repair&Maint.Supplies Utility Operations-General 60 US-pool party supplies AMAZON.COM Operating Supplies Pool Special Events 60 US-supplies ANCHOR SCIENTIFIC Repair&Maint.Supplies Ice Arena Maintenance 60 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 60 US-cable wrap TESSCO INC Equipment Repair&Maint Public Safety Communications 60 US-staff training DAVANNI'S PIZZA Training Supplies Pool Lessons 59 US-bday party game AMAZON.COM Operating Supplies Birthday Parties 59 US-chair for set up shop NORTHERN TOOL&EQUIPMENT Operating Supplies Park Maintenance 58 US-antenna RAY ALLEN MANUFACTURING CO INC Equipment Parts Fleet Operating 57 US-ice cleats 32NORTH CORPORATIONS Operating Supplies Tree Disease 56 US-trng supplies NORTHERN TOOL&EQUIPMENT Landscape Materials/Supp Street Maintenance 56 US-uniforms EDEN PRAIRIE COMMUNITY CENTER Clothing&Uniforms Senior Board 55 US-water school food KOWALSKI'S MARKET Training Supplies Utility Operations-General Amount Explanation Vendor Account Description Business Unit 54 US-raptor supplies MENARDS Operating Supplies Outdoor Center 54 US-torch for shop HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Water System Maintenance 51 US-pool party supplies AMAZON.COM Operating Supplies Pool Special Events 50 US-2017 FBI dues FBI-LEEDA Dues&Subscriptions Police 50 US-registration renewal PAYPAL INC Tuition Reimbursement/School Police 50 US-J Carlin cont ed MAAO Conference/Training Assessing 50 US-awards for league champs CVS PHARMACY Awards Athletic Programs Admin 50 US-Membership FBI-LEEDA Dues&Subscriptions Police 50 US-Membership FBI-LEEDA Dues&Subscriptions Police 50 US-training-J Good EVENTBRITE Tuition Reimbursement/School Police 50 US-storage for uniforms AMAZON.COM Clothing&Uniforms Pool Lessons 50 US-outdoor ctr MENARDS Building Repair&Maint. Outdoor Center 49 US-paper towels HOME DEPOT CREDIT SERVICES Equipment Parts Water Treatment 47 US-station labels AMAZON.COM Operating Supplies Fire 45 US-critter supplies PETCO Operating Supplies Outdoor Center 44 US-irrigation MENARDS Operating Supplies Park Maintenance 44 US-M Bayer training SENSIBLE LAND USE COALITION Conference/Training Community Development Admin. 42 US-pickleball trophy CROWN TROPHY Operating Supplies Gymnasium(CC) 42 US-station labels AMAZON.COM Operating Supplies Fire 41 US-shop supplies HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Stormwater Non-Capital 40 US-photo editing software AFFINITY STORE Operating Supplies Water Metering 39 US-hats AMAZON.COM Protective Clothing Fire 39 US-critter food PETCO Operating Supplies Outdoor Center 39 US-fit kids fidgets AMAZON.COM Operating Supplies Fit Kids Club 38 US-keyboard AMAZON.COM Computers IT Operating 38 US-hooks for pool rope GRAINGER Safety Supplies Pool Lessons 36 US-calendar planner FRANKLIN COVEY CO. Office Supplies Customer Service 35 US-playcare fidgets AMAZON.COM Operating Supplies Day Care 35 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 35 US-mrpa workshop MINNESOTA RECREATION&PARK AS Conference/Training Youth Programs Admin 35 US-clipboards for lessons AMAZON.COM Operating Supplies Pool Lessons 34 US-dispatch notary CROWN STAMP AND ENGRAVING CO Licenses,Permits,Taxes,Fees Police 33 US-outdoor ctr MENARDS Operating Supplies Outdoor Center 33 US-winter show BETHESDA THRIFT SHOP Clothing&Uniforms Winter Theatre 33 US-hardware MENARDS Repair&Maint.Supplies Water System Maintenance 32 US-supplies for radios MENARDS Operating Supplies Street Maintenance 32 US-press oil filters NORTHERN TOOL&EQUIPMENT Repair&Maint.Supplies Water Treatment 30 US-critter food PETCO Operating Supplies Outdoor Center 30 US-buildings green plants MILLS FLEET FARM Office Supplies Utility Operations-General 30 US-club 204 christmas party TARGET Operating Supplies New Adaptive 30 US-flange block TULL BEARINGS Equipment Parts Fleet Operating 29 US-playcare TARGET Operating Supplies Day Care 28 US-hooks for playcare COSTCO Operating Supplies Day Care 28 US-woodshop supplies MENARDS Equipment Repair&Maint Senior Center Programs 26 US-station supplies AMAZON.COM Operating Supplies Fire 25 US-woodshop handle assy GRIZZLY.COM Equipment Repair&Maint Senior Center Programs 25 US-windshield wash MENARDS Repair&Maint.Supplies Utility Operations-General 25 US-winch cover REDDING FOUR WHEEL DRIVE INC Equipment Repair&Maint Fire 25 US-FF licensing MN BOARD OF FIREFIGHTER TRG& Dues&Subscriptions Fire 25 US-playcare dollhouse MERLINS ACE HARDWARE Operating Supplies Day Care Amount Explanation Vendor Account Description Business Unit 24 US-lights for pool AMAZON.COM Operating Supplies Pool Lessons 23 US-pool party supplies WALMART COMMUNITY Operating Supplies Special Initiatives 22 US-winter show BETHESDA THRIFT SHOP Clothing&Uniforms Winter Theatre 22 US-ice for holiday lunch BYERLYS Operating Supplies Senior Center Programs 22 US-critter food PETCO Operating Supplies Outdoor Center 22 US-binders AMAZON.COM Operating Supplies Community Center Admin 21 US-dvd's for squad video/suppl AMAZON.COM Office Supplies Police 21 US-playcare piano LAKESIDE COLLECTION Operating Supplies Day Care 20 US-hats AMAZON.COM Protective Clothing Fire 20 US-S Schram boiler license DEPT OF LABOR&INDUSTRY Licenses,Permits,Taxes,Fees Water Treatment 20 US-weight for lights AMAZON.COM Operating Supplies Pool Lessons 20 US-pool party supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Special Initiatives 20 US-epermit web security PAYPAL INC Equipment Repair&Maint IT Operating 20 US-small tool MENARDS Small Tools Outdoor Center 19 US-t shirts UBERPRINTS.COM Employee Award Organizational Services 17 US-dog park MENARDS Repair&Maint.Supplies Outdoor Center 16 US-day trip THREE RIVERS PARK DISTRICT Operating Supplies Community Center Admin 16 US-music for classes SPOTIFY Operating Supplies Pool Lessons 16 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 16 US-pop BYERLYS Operating Supplies Senior Center Admin 15 US-prizes PEOPLES ORGANIC Operating Supplies Senior Center Programs 15 US-monthly meeting GOVERNMENT FINANCE OFFICERS AS Conference/Training Finance 15 US-printer ink INKCARTRIDGES.COM Operating Supplies Senior Center Programs 15 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 14 US-food for arrested MCDONALDS Operating Supplies Police 14 US-reserve calendar CALENDAR WIZ Clothing&Uniforms Reserves 13 US-winterize moss items HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 13 US-parts for filter PETSMART Operating Supplies Outdoor Center 12 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 12 US-shop supplies MENARDS Operating Supplies Park Maintenance 12 US-playcare fidgets AMAZON.COM Operating Supplies Day Care 11 US-woodshop router table inser EREPLACEMENTPARTS.COM Equipment Repair&Maint Senior Center Programs 11 US-props GOODWILL HOPKINS Operating Supplies Winter Theatre 11 US-frames-FD JERRYS DO IT BEST Operating Supplies Fire 10 US-critter food CUB FOODS EDEN PRAIRIE Operating Supplies Outdoor Center 10 US-holiday decorations CVS PHARMACY Operating Supplies Senior Board 10 US-pesticide license renewal MINNESOTA DEPARTMENT OF AGRICU Licenses,Permits,Taxes,Fees Park Maintenance 10 US-pesticide license renewal MINNESOTA DEPARTMENT OF AGRICU Licenses,Permits,Taxes,Fees Park Maintenance 10 US-trng MINNESOTA DEPARTMENT OF AGRICU Conference/Training Street Maintenance 10 US-spraying license recert MINNESOTA DEPARTMENT OF AGRICU Landscape Materials/Supp Street Maintenance 10 US-playcare signage POPCO INC Operating Supplies Day Care 10 US-SPS meeting ALLIED PARKING Operating Supplies Fire 10 US-parking IMPARK Mileage&Parking Administration 10 US-key EASYKEYS.COM Repair&Maint.Supplies City Center Operations 10 US-locks AMAZON.COM Clothing&Uniforms Pool Lessons 10 US-velcro HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Wastewater Maintenance 10 US-christmas decrations WALMART COMMUNITY Repair&Maint.Supplies Utility Operations-General 10 US-books-after care art AMAZON.COM Operating Supplies Arts 9 US-books-after care art AMAZON.COM Operating Supplies Arts 9 US-cables for sound equip MY CABLE MART Computers IT Operating Amount Explanation Vendor Account Description Business Unit 7 US-S hook MENARDS Repair&Maint. Supplies Water System Maintenance 7 US-gas cap for snowblower PRAIRIE LAWN AND GARDEN Repair&Maint.Supplies Water Treatment 6 US-christmas decrations HOME DEPOT CREDIT SERVICES Operating Supplies Senior Board 6 US-super glue MENARDS Repair&Maint.Supplies Water System Maintenance 5 US-power cord board room MY CABLE MART Equipment Repair&Maint Public Safety Communications 5 US-lubricant HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Water System Maintenance 4 US-silicone HOME DEPOT CREDIT SERVICES Repair&Maint. Supplies Water System Maintenance 4 US-batteries BP OIL Repair&Maint. Supplies Stormwater Non-Capital 3 US-meeting parking STANDARD PARKING Operating Supplies Fire 0 US-label tapes BRADY WORLDWIDE INC Office Supplies Utility Operations-General -80 US-Nov16 bldg surchgs DEPT OF LABOR&INDUSTRY Other Revenue General Fund -109 US-supplies MENARDS Operating Supplies Ice Operations -130 US-return gloves MENARDS Repair&Maint. Supplies Water Treatment -198 US-J Urbina CC EDEN PRAIRIE LIQUOR Deposits Escrow -198 US-J Urbina CC EDEN PRAIRIE LIQUOR Deposits Escrow 57,317 Report Total CITY COUNCIL AGENDA DATE: SECTION: Ordinances &Resolutions February 14, 2017 SERVICE AREA/DIVISION: ITEM DESCRIPTION: Approve First and Second Reading of ITEM NO.: XI.A. Robert Ellis Ordinance Amending City Code Section Public Works/Engineering 6.03 Relating to City Licensing of Telecommunication Right-of-Way Users Requested Action Move to: Approve First and Second Readings of an Ordinance Amending City Code Section 6.03 Relating to City Licensing of Telecommunication Right-of-Way Users. Synopsis City Code Section 6.03 is being amended to provide that a telecommunication right-of-way user who desires to place commercial wireless telecommunication facilities, such as antennas, on any public utility structure in the public right-of-way must obtain a license from the City for use of the space. This ordinance amendment will allow the City greater control over the placement and operation of commercial wireless telecommunication facilities in the increasingly crowded public right-of-way. Background Information Chapter 6 of the City Code was amended in June 2016 to provide more detailed regulations governing work in the public right-of-way and requirements for right-of-way permits. Chapter 6 currently provides that telecommunication right-of-way users,defined to include those who own or control facilities in the public right-of-way that are used for transporting telecommunication,voice, or data information, may only place their wireless telecommunication facilities in the right-of-way under certain circumstances. Chapter 6 currently requires a telecommunication right-of-way user to obtain a license from the City if it wishes to place a facility on a structure that is owned by the City. This amendment requires a user to obtain a license from the City for the placement of a facility on any public utility structure, and not only those owned by the City. Attachments Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2017 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 6 RELATING TO RIGHT-OF-WAY PERMITS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 6.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Chapter 6, Section 6.03, Subdivision 8.F.2(1) is hereby amended in its entirety as follows: (1) A telecommunications right-of-way user who desires to place commercial wireless telecommunication facilities in the right-of-way shall enter into a license agreement with the City for use of space. Section 2. City Code Chapter 6, Section 6.03, Subdivision 8.F.3(n) is hereby amended in its entirety as follows: (n) A telecommunications right-of-way user who desires to place commercial wireless telecommunication facilities in the right-of-way shall enter into a license agreement with the City for use of space. Section 3. City Code Chapter 6, Section 6.03, Subdivision 8.F.4 is hereby amended in its entirety as follows: 4. New Structures. The erection in the public right-of-way of a new structure to support commercial wireless telecommunication facilities is prohibited, except where the Director determines there is a need for additional roadway lighting, emergency warning siren, or other infrastructure that must be supported by a public utility structure. Any new structure erected to support commercial wireless telecommunication facilities allowed by the City under this paragraph and any associated or attached equipment must comply with the requirements of this Section. Section 4. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 6.99 entitled "Violation a Misdemeanor or Petty Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council for the City of Eden Prairie on the day of , 2017, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 2017. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on the day of , 2017. CITY COUNCIL AGENDA DATE: SECTION: Director of Public Works February 14, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 15-5906 ITEM NO.: XIV.E.1. Rod Rue Receive Feasibility Report and Direct Public Works/Engineering Staff to Include the Lion's Tap Utility Improvements with Eden Prairie Road Street and Utility Improvements Requested Action Move to: Adopt Resolution to Receive Feasibility Report and direct staff to include the recommended Lion's Tap Utility Improvements (Option No. 4) into the Eden Prairie Road Extension to Flying Cloud Drive Street and Utility Improvements. Synopsis The City Council authorized a feasibility study for utility improvements to serve the Lion's Tap site and adjoining parcel on June 16, 2015 based on a petition received from the property owners. The attached Feasibility Report provides sanitary sewer and water utility connection options to serve the commercial restaurant site and adjoining rural property. The Metropolitan Council and Eden Prairie City Council have previously approved serving the Lion's Tap site with city utilities since the restaurant site is outside the Met Council's Metropolitan Urban Service Area(MUSA) line. In 2013,prior to authorizing this engineering study, the City Council ordered the feasibility study for the Eden Prairie Road extension to Flying Cloud Drive (CSAH No. 61) street and utility project. It is proposed to combine the recommended improvements identified in this report(Option No. 4) with the feasibility report and public hearing for the Eden Prairie Road Extension to Flying Cloud Drive (CSAH No. 61) Street and Utility(I.C. 13-5844) Project. Since the two projects (Eden Prairie Road and Lion's Tap utilities) are interconnected, these projects need to be combined into one project. Consequently, this is the council action we are requesting at this meeting. The Eden Prairie Road Extension to Flying Cloud Drive Street and Utility Feasibility Report will be received by the City Council at the March 7, 2017 City Council meeting and a Public Hearing date will be set(anticipated to be scheduled for April 4, 2017). The Eden Prairie Road report will describe the proposed combined street and utility improvements, the estimated project costs, and the methodology used to calculate the assessments for the benefitting properties. Prior to the public hearing, we will schedule a neighborhood meeting(s) to discuss the feasibility report and proposed assessments. At the April 4t public hearing, we will be requesting that the City Council order the combined improvements. If ordered, the project is anticipated to be bid in February 2018 with construction substantially complete by the fall of 2018. Background Information This southerly section of Eden Prairie Road from approximately 350 feet south of Frederick Place to Flying Cloud Drive (CSAH No. 61) was previously identified in the Eden Prairie Road South of Riley Creek Feasibility Report---Amended August 2013 (I.C. 01-5537) as a section of roadway to be addressed at a later date. The northerly Eden Prairie Road project was completed in 2015 and the project costs were levied to the benefitting properties in October 2015. The City Council authorized the preparation of a feasibility study for this southerly section of Eden Prairie Road on June 18, 2013. Subsequent to that authorization, the property owners of the Lion's Tap restaurant and adjoining rural parcel petitioned the City Council on March 19, 2015 requesting sanitary sewer and water improvements to serve the commercial site and adjoining parcel. On June 16, 2015, the City Council authorized the preparation of a feasibility study to determine options to serve the restaurant site. The schedule for this study has been influenced by the schedule and design of Hennepin County's CSAH No. 61 reconstruction project. The county's project is expected to be bid in 2017 and under construction from 2017 to 2019. Attachments • Feasibility Report • Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2017- RESOLUTION RECEIVING FEASIBILITY REPORT AND DIRECTING STAFF TO INCLUDE UTILITY IMPROVEMENTS WITH EDEN PRAIRIE ROAD STREET AND UTILITY IMPROVEMENTS I.C. 15-5906 WHEREAS, pursuant to a resolution of the council adopted June 16, 2015, a report has been prepared by the City Engineer and received by the City Council on February 14, 2017, to consider utility connection options for the following improvements to wit: I.C. 15-5906 Utility Connection Options for Lion's Tap Restaurant Site WHEREAS,the report provides information regarding utility connection options; whether the proposed improvements are feasible, cost-effective, and necessary; whether it should best be made as proposed or in connection with another improvement; the estimated cost of the improvement options; and a recommendation to combine the improvements with another feasibility study where the description of the methodology used to calculate assessments for affected parcels will be determined. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: That the council will direct staff to include the recommended improvements (Option No. 4) in accordance with the report into the feasibility study for the Eden Prairie Road Extension to Flying Cloud Drive Street and Utility (I.C. 13-5844) Project pursuant to Minnesota Statutes, Chapter 429. ADOPTED by the Eden Prairie City Council on February 14, 2017. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk CITY OF EDEN PRAIRIE UTILITY CONNECTION OPTIONS FOR LION'S TAP RESTAURANT SITE FEASIBILITY REPORT Utility Improvements Improvement Contract No. 15-5906 Prepared by: Assisted by: City of Eden Prairie SEH Inc. Public Works Deportment 10901 Red Circle Drive Engineering Division Suite 200 8080 Mitchell Road Minnetonka,MN 55343 Eden Prairie,MN 55344-4485 TABLE OF CONTENTS REPORT COVER TABLE OF CONTENTS CERTIFICATION REPORT CONTENT I. INTRODUCTION II. SANITARY SEWER AND WATERMAIN IMPROVEMENTS III. COST SUMMARY AND RECOMMENDED OPTION IV. CONCLUSION AND REQUESTED ACTION TABLE NO. 1 —COST SUMMARY UTILITY CONNECTION OPTIONS Figure No. 1 OPTION No. 1 —PRIVATE LIFT STATION Figure No.2 OPTION No. 2—COMBINED LOW PRESSURE SYSTEM Figure No. 3 OPTION No. 3—COMBINED GRAVITY SYS 1'EM ON PRIVATE PROPERTY Figure No.4 OPTION No. 4—COMBINED GRAVITY SYSTEM WITHIN PUBLIC RIGHTS- OF-WAY CERTIFICATION I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly registered Professional Engineer under the laws of the State of Minnesota. Rodney W., me Reg. No. 16695 Date I.C. 15-5906 Utility Connection Options to Lion's Tap Site 1. Introduction This report presents the preliminary engineering study for providing city utility(sanitary sewer and water)connections to the Lion's Tap restaurant property. The property address is 16180 Flying Cloud Drive and is located at the northwest corner of CSAH 61 (Flying Cloud Drive)and CSAH 4 (Spring Road). The improvements described in this report review the alternatives and options to extend City utility lines to the restaurant and adjoining rural property from either Eden Prairie Road or CSAH 4(Spring Road). A Petition for Local Improvements was received from the property owners on March 19,2015 requesting city sanitary sewer and watermain improvements to serve the commercial restaurant site as well as the adjoining rural residential parcel. The Eden Prairie City Council received the petition and ordered the preparation of a feasibility study for city utility improvements to serve the Lion's Tap site and its adjoining parcel on June I6,2015. While the restaurant property is outside the Metropolitan Urban Service Area(MUSA),approval was granted by the City of Eden Prairie on September 16,2014 and by the Metropolitan Council on November 3,2014 to serve the commercial property with City utilities. The adjoining parcel with the same property owners,which is partially outside the MUSA, is also included in the petition requesting access to city utility improvements. This report identifies options to serve the adjoining property but does not presume that approval for city utility access will be granted. In addition,the improvements described in this report will also provide city sewer and water availability to other properties in the project area. However, many of these properties are outside the MUSA line and will therefore need to obtain appropriate Metropolitan Council and City of Eden Prairie approvals for inclusion into the Metropolitan Urban Service Area(MUSA)prior to connection to the city utilities. The Lion's Tap parcel is currently zoned Highway—Commercial with the adjoining parcel zoned rural.The surrounding parcels in the vicinity are guided for either rural or low density residential development. The options/alternatives identified in this report will influence both the Eden Prairie Road extension project(LC. 13-5844) and the Hennepin County CSAH 61 (Flying Cloud Drive)reconstruction project(LC. 12-5818), as well as a new project to extend the watermain from the Lion's Tap parcel to the existing watermain stub on CSAH 4(Spring Road). The recommended option, if selected and approved by the City Council, will impact schedules and details for all of these projects. The requested action by the City Council in this report will provide staff direction in providing city utility service to the Lion's Tap property and other benefitting properties along Eden Prairie Road. In addition,the council's action will likely result in three separate projects to complete the recommended option outlined in this report. II. Sanitary Sewer and Watermain Improvements The sanitary sewer and watermain alternatives/options to serve Lion's Tap and surrounding properties are shown on Figures No. 1 through 4. While the sanitary sewer alignment and service details vary with each option,the watermain is fairly consistent. The watermain is proposed to be connected or looped from the existing stub on Eden Prairie Road to the existing watermain stub on Spring Road in each option with only the alignment variable.Under all options,the watermain is proposed to be publicly owned and maintained. The public watermain continuity/loop is beneficial to adjacent customers in order to provide reliable water quality and fire protection. The estimated construction cost for each option is based on limited information and includes a 20% contingency. However,the estimated costs will provide a good basis for comparison purposes. The options to serve the Lion's Tap and adjoining rural property with sanitary sewer and water service are described below: A. Option No. 1—Private Lift Station As shown in Figure No. 1,this option proposes a private lift station located on the Lion's Tap property,together with a forcemain along CSAH 4(Spring Road)that would pump sewage northerly from the private lift station to the existing City-owned sanitary sewer lift station.The City-owned lift station is located on the west side of CSAH 4(Spring Road)north of Riley Creek. With this alternative,the sanitary sewer lift station and forcemain would be privately owned and financed. This alternative could potentially serve the adjoining property north and west of the Lion's Tap property,as well as the adjacent properties east of CSAH 4(Spring Road). However,this would require private agreements between property owners for a shared system and likely an agreement with Hennepin County and the City for a private facility within Hennepin County right-of-way. In addition,the properties east of CSAH 4(Spring Road)are outside the MUSA line so appropriate City Council and Met Council approvals would be necessary to allow connections to City utilities. This option proposes that the properties along the Eden Prairie Road extension project(south of Frederick Place)would need to have a separate low pressure public sanitary sewer system within the right-of-way. In addition,privately-owned grinder pump stations and small diameter forcemains would be required on each property and connected to the public low pressure system. The public watermain loop would be routed along existing rights-of-way of Eden Prairie Road,Flying Cloud Drive and Spring Road to provide water service to Lion's Tap and the surrounding areas. The estimated construction cost of this option for both the sanitary sewer and water improvements is$1,377,500.Including an estimated 35%for engineering,administration, fmancing,testing,etc.,the estimated total project cost for this option is$1,859,600. The estimated construction cost of the sanitary sewer portion of the improvements is$666,600 with the Lion's Tap private system being$334,600 of the total and the Eden Prairie Road sewer improvements estimated at$332,000. The estimated construction cost of the watermain loop is$710,900. B. Option No.2—Combined Low Pressure System As shown is Figure No. 2,this option proposes installing a privately-owned grinder pump station on the Lion's Tap restaurant site and accounting for additional grinder pump stations for any potential residential lots on the rural property. Under this option,the private low pressure sewer flow from the restaurant site and any residential parcels would be combined with a proposed residential low pressure system in Eden Prairie Road. The proposed private forcemain would be routed through the rural property and discharged into the proposed Eden Prairie Road public low pressure system. An alternative would be to separately discharge the restaurant's flow directly into the last gravity manhole at the top of the hill on Eden Prairie Road rather than combining with the proposed low pressure forcemain from the residential properties contemplated with the proposed Eden Prairie Road extension improvements. This option utilizes a grinder pump station with a small diameter forcemain for each residential property,which would be individually owned and maintained. The individual forcemains would discharge into a publicly owned and maintained forcemain within the public right-of-way. The Lion's Tap site would require a commercial grade lift station which would also be privately owned and maintained. This option would provide sanitary sewer access to any potential residential lots on the rural property utilizing the same low pressure system. The proposed watermain loop could be routed on a similar alignment through the rural property which would shorten the watermain alignment but would create potential access issues. In addition,the public watermain through private property will require the acquisition of easements which is not accounted for in the cost estimate. The estimated construction cost of this option for both the sanitary sewer and watermain improvements is$1,348,600. Including an estimated 35%for engineering,administration, financing,testing,etc.,the estimated total project cost for this option is$1,820,600.The estimated construction cost of the sanitary sewer and forcemain portion of the improvements for both the Lion's Tap property and the Eden Prairie Road properties is$518,000. The estimated construction cost for the watermain improvements is$830,600. The primary reason the shorter watermain loop is more expensive than the Option No. 1 loop is the assumption that the watermain will be directionally drilled rather than open cut. C. Option No.3—Combined Gravity System on Private Property As shown in Figure No.3,this option proposes a similar alignment as Option No.2 for the sanitary sewer,forcemain and watermain. However,the major distinction would be a city- owned gravity sewer system through the rural property with a City-owned lift station near the CSAH 61 (Flying Cloud Drive)and CSAH 4(Spring Road)intersection. The proposed forcemain needed for this lift station could be routed adjacent to the gravity sanitary sewer alignment or northerly along CSAH 4(Spring Road). A gravity sanitary sewer system with a publicly owned lift station and forcemain would provide a better alternative for the Lion's Tap property,as well as the residential properties in the area. The public system would eliminate the need for privately owned and maintained grinder pump stations and forcemains,as well as provide a more reliable sanitary sewer access alternative. In this option,the watermain could again be routed adjacent to the sewer alignment through the rural property with similar cost concerns for directionally drilled pipes and potential access issues. As with Option No.2,the cost of acquiring utility easements is not accounted for in the cost estimate. This option would require a wider easement acquisition corridor than Option No. 2 since there would be public sanitary sewer, lilt station, forcemain and watermain all bisecting,or encroaching onto the rural or restaurant property. The estimated construction cost of this option is$1,626,700 for the gravity sanitary sewer, lift station, forcemain and watermain improvements. Including an estimated 35% for engineering, administration,financing,testing,etc.,the estimated total project cost for this option is $2,196,000. The estimated construction cost for the sanitary sewer, lift station,and forcemain portion of the improvements is$796,100. The estimated construction cost for the watermain improvements is$830,600. 13. Option No.4—Combined Gravity System Within Rights-of-Way As shown in Figure No. 4,this option proposes a combined gravity sanitary sewer system within existing public rights-of-way to serve the Lion's Tap restaurant site and the residential properties along Eden Prairie Road. A city owned lift station would be proposed near the restaurant site with the forcemain routed either adjacent to the sanitary sewer alignment or northerly along Spring Road. If the nine-acre rural Notermann property or other properties along Eden Prairie Road which are currently wholly or partially outside the MUSA line can obtain appropriate development approvals,this option will provide access to city sanitary sewer service via gravity service lines, public sanitary sewer mainline extensions,or an isolated low pressure system depending upon building locations and elevations. The recommended location for the city owned lift station is near the west side of the Lion's Tap restaurant site. This reduces the length of gravity sanitary sewer and forcemain piping and consequently the constriction costs. If any development ever occurs east of CSAH 4 (Spring Road),which is entirely outside the MUSA line,the location of the lift station on the west side of the Lion's Tap restaurant site will not preclude serving that area in the future. In addition, in order to effectively locate the Lion's Tap service line to the building,a short section of public sanitary sewer will need to extend easterly from the lift station. In this option,the public watermain loop would be routed parallel with the gravity sanitary sewer system and would be constructed entirely within existing city and county rights-of-way along Eden Prairie Road, Flying Cloud Drive, and Spring Road. The estimated construction cost of this option is$1,278,500 for the gravity sanitary sewer, lift station,forcemain and watermain improvements. Including the estimated 35% for engineering, administration, financing,testing,etc.,the estimated total project cost for this option is$1,726,000. The estimated construction cost for the sanitary sewer, lift station,and forcemain portion of the project is$567,600. The estimated construction cost for the watermain improvements is$710,900. III. Cost Summary and Recommended Option The summary of costs for each option is shown on Table No. 1. Based on the options identified in this report,Option No. 4 provides the lowest cost and best option to serve the Lion's Tap restaurant site and the adjoining rural property with city owned and maintained sanitary sewer and watermain improvements. This option allows the city utilities to be constructed and maintained in public rights-of-way;does not preclude the adjoining rural property or other adjacent properties(which are wholly or partially outside the MUSA line)from development if proper approvals are granted;and provides the restaurant site and the southerly Eden Prairie Road residents the ability to rely on gravity sanitary sewer services rather than a low-pressure system with grinder stations(which are more onerous and costly to individual property owners). Therefore,we hereby recommend Option No.4 as the preferred option to pursue in order to serve the Lion's Tap site and the adjoining parcel with City sanitary sewer and watermain improvements.With concurrence from the City Council regarding the preferred option,we further recommend that this option be"carried forward"to the Eden Prairie Road feasibility study. With City Council approval of this report's recommendations,we will expand the scope of the Eden Prairie Road Extension(I.C. 13-5844) project feasibility study to incorporate the identified sanitary sewer,lift station,forcemain and watermain improvements. The expanded study will incorporate the recommended sanitary sewer and water improvements from this report;determine project cost estimates, including street and storm sewer improvements; identify potential funding sources;recommend special assessment methodologies; and estimate proposed special assessments. IV. Conclusion and Requested Action Base on this study,Improvement Contract No. 15-5906 is feasible,cost effective and necessary to serve the petitioned properties(Lion's Tap restaurant site and adjacent rural property)with City sanitary sewer and watermain improvements. Since the recommended utility improvements directly impact the street and utility improvements for the Eden Prairie Road extension to Flying Cloud Drive(CSAH No. 61)project (I.C. 13-5844)and Hennepin County's CSAH No. 61 reconstruction project(I.C. 12-5818),we recommend that the City Council direct staff to include the identified Option No.4 improvements into the Eden Prairie Road feasibility study. Table No. II Cost Summary I.C. # 15-5906 Option No. I Option No.2 Option No.3 Option No.4 Private Lift Station Combined Low Combined Gravity Combined Gravity Pressure System System-Private System-Public Property Right of Way Estimated Costs Sanitary Sewer $666,600.00 $518,000.00 $796,100.00 $567,600.00 Water $710,900.00 $830,600.00 $830,600.00 $710,900.00 Sub-Total Construction Cost $I,377,500.00 $1,348,600.00 $1,626,700.00 $1,278,500.00 35% Engineering, Administration, Financial,Testing, etc. $482,100.00_ $472,000.00 $569,300.00 $447,500.00 Total Project Cost $1,859,600.00 $1,820,600.00 S2,196,000.00 $1,726,000.00 �/ \ \1- - � V n 1 U .\ LEGEND 0 �' 7tonA7 PROPOSEDSANITARY SEWER FORCE MAIN / n SANITARY MANHOLE\ \ �� \ - — — — - GRINDER PUMP \ \ \ / _--__—_- PROPOSED WATER MAIN 1 BENEFITING PROPERTIES \ \ 1 1^\,.,�_ �--------� SEWER&WATERMAIN ASSESSMENT \ \ \ \ - I FEASIBIUTY woLID: 27 ""—""—"" NO ASSESSMENTS AT THIS TIME.FOR T-7- \ \ — — - - \ \ L'' '''''\' -' ADDRESS:10065C__-__-__] INFORMATIONAL PURPOSES ONLY PI0:29-116-2Z-44-0032 / 3 Q L ,. / GP 1 ' ' GP — — I FEASIBIUTY ID:35 I FEOWNBER:EDS OM 34 — — 1) OWNER:BUENZ ADDRESS:10101 \ ADDRESS:10100 PID:29-116-22-44-0016 FEASIBILITY ID:30 N / ./ \ PID:29-116-22-43-0003 / IOwADDRESS:NER: LB ON-5 'i 101GP FEA�SIBILRITY�ID:ERT 32A I ;10)29-116-22-44-0012 _ — I P FEASIBWTY ID:3329-116-22-44-0017 — v OWNER:EDSTROM \ m ADDRESS:10133 OUTLOT A is I \ PID:291162:21041 004 -_- --- - - '- _- FEASIBILITY ID:31 n - OWNER:CARLSON FEASIBILITY ID:43 _ - ADDRESS:10129 \ OWNER: CITY OF EDEN PRAIRIE �► ¢ ASIBILITY ID:33A PIDi2s-116-22-44-0005 o ADDRESS:61 \ , OWNER:EDSTROM o PID:29-116-22-43-0042 i PU:29-116-22-44-0018 �II I , ', ' �`:. F / FEASIBIUTY ERT I / '/ PID:29 D11 6E 22'044'0014 ED N PRAIR E ROAD P O ER:EDS,RDM 11 I N � -- � ADDRESS.61 - iie , .i0. -- - �' PID:Z9-116-22..4.DOj9_ I I 0 -Fi / \ /� GP o UU IL�li I E, / E FEASIBILITY ID:42 �� / OWNER: CITY OF EDEN PRAIRIE FEASIBILITY ID:37 / /� / OWNER:EDSTROM - -0 it , a ADDRESS;61 / FEASIBIUTY ID:36 I ADDRESS:61 I �, PID:29-116-22-43-0041 / / OWNER:RYAN PID:29-116-22-43-0001 m 7 / ADDRESS:10197 I 1 / _ L1122130006 FEASIBIUTY oTYR ID:40 ADDRESS:61 / \ n _ PID:29-116-22-44-0021 r; o _ d C D � � o 4VC FEASIBWTY ID:41 � -•2 — — J OWNER:NOTERMANN / _ ADDRESS:16180 / �_-� 1 PO:29-116-22-44-6020 c I I '" 1 e / r. M FLYING CLOUD DRIVE = t LIFT STATION i 'gift'gift>w o U Q U N rn �c m d c W_ C7 Utility Improvements - Option 1 - Private Lift Station FIG. 1 EDEN Lion's Tap Utility Improvements (IC# 15-5906) PRAIRIE 02/01/2017 / \ Y -- v n L, LEGEND I \ �Ft1� PROPOSED SANITARY SEWER FORCE MAIN / A • SANITARY MANHOLE _ \ _ _ _ _ _ •GP GRINDER PUMP \ \ /) / __—__—__ PROPOSED WATER MAIN \ r BENEFITING PROPERTIES n L________i SEWER&WATERMAIN ASSESSMENT \ -- 1 FEASIBWTY ID:27 _ _ \ OWNER:woLTER NO ASSESSMENTS AT THIS TIME.FOR \ — — \\ N I i 9-116-22-445 L________1 INFORMATIONAL PURPOSES ONLY \ \ PID:29-116-22-44-0032 rn (V dMini �/ 1 1 I -.-•GP MI I ' \ L.1, / / it - I FEASIBILITY ID: FEASIBILITY ID:35 GP OWNER:EDSTROM / — — ?L'' / \ OWNER:BUENZ ADDRESS:10101 ADDRESS:1010D PID:29-116-22-44-0016 / I FEASIBILITY ID:30� ��. �,it PID:29-116-22-43-0003 OWNER:CARLSON / \ ADDRESS:61 i ' ! FEASIBILITY ID:32A I PIO:29-116-22-44-0012 _ _ w GP OWNER:W EGERT j o G' FE♦4$16111TY ID:33 PID:29-116-22-44-0017 U oWNER:EDSTROM {M �, ADDRESS:10133 FEASIBILITY ID. or---- U� �_U ' �"1 PID:29-116-22-44-0004 — FEASIBILITY ID 43 Ov+NER:CARLSON OWNER: CITY OF EDEN PRAIRIE ADDRESS:10129 SIBILITY ID:33A P1D:zst1s zz-44-000s y ADDRESS:61 \ OWNER:EDSTROM / RID:29-116 22 43 0042 PI :2s-116-22-44-0018 I I , — - a FEASIBILITY ID:32 I II 1 2 / ;I _OWNER:WIEGERT ADDRESS:10131 � PID:29-116-22-44-0014 co / ED N PRAIR E ROAD OWNER: 1- GP ) � GP ADDRESS:51 - PID'29-11R-22 002_ V7 O G P �1 / FEASIBILITY ID:42 / FEASIBILITY IQ:37 -� / // ii OWNER: CITY OF EDEN PRAIRIE / I OWNER:EDSTROM all ,� — ADDRESS:61 / / FEASIBILITY ID:36 ADDRESS:61 I GP PID:29-116-22-43-0041 / OWNER:RYAN PID:29-116-22-43-0001 kV / \s LLs. /in ADDRES22-437 I I ` 7____________________________________/ PID:29-116-22-43-0006 co.,. 1 FEASIBILITY RI�DN40 P o ADDRESS:61 ,__., C PID:29-116-22-44-0021 \ i _ p - / / N ,/0 , C ,I U g / FEASIBILITY ID:41 ,� _ _ , 1 OWNER:NOTERMANN _ ADDRESS:16180 =/ is a —� \1 I PID:29-116-22-44-15020 ��� — r, FLYING CLOUD DRIVE co GP CO ,i, f l w asp U Q N C W o Utility Improvements - Option 2 - Combined Low Pressure System FIG. 2 EDEN Lion's Tap Utility Improvements (IC# 15-5906) PRAIRIE 02/01/2017 irc•wn;,•evess• • / \ \1-, - ` V Al LEGEND ( n \ �F,A� PROPOSED SANITARY SEWER FORCE MAIN(OPT 1) l / A ®.,-® PROPOSED SANITARY SEWER FORCE MAIN(OPT 2) \ I'� — _ —\ \ — — — > ii PROPOSED SANITARY SEWER GRAVITY MAIN _ / \ \ n / • SANITARY MANHOLE 1 \ C GP GRINDER PUMP \ PROPOSED WATER MAIN _ \ FEASIBILITY ID:27 \ \ \ OWNER:WOLTER r BENEFITING PROPERTIES \ \ \ — — — \ N \` ADDRESS:10065 L__—_____� SEWER&WATERMAIN ASSESSMENT \ PID:29-116-22-44-0032 // E__—__—__1 INFORMATIONAL PURPOSES ONLY t NO ASSESSMENTS AT THIS TIME.FOR --T-7-- m V / ' 1 L 1 I • / \ \ mL I I �� LL — — _, FEASIBILITY ID:34 — FEASIBILITY ID:35 OWNER:EDSTROM � — OWNER:BUENZ ADDRESS:10101 rn \ ADDRESS:10100 V PID:29-116-22-44-0016 FEASIBILITY ID. \ �\ ii I OWNER:CARLSON PID:29-116-22-43-0003 \ `� / ADDRESS:61 \� '" FEASIBILITY ID:32A I PID 29-116-22-44-0012 _ _ L"S1 IR — — OWNER:WIEGERT I o FEASIBILITY ID:33 PID:29-116-22-44-0017 — — v - OWNER:EDSTROM )\\\ \ , ADDRESS:10133 OUTLOT A \_ PID:2911622440004 — SIBILID:3Ia - OWNER ARLONa FEASIBILITY ID:43 �� /- - ADDRESS:10129-p OWNER: CITY OF EDEN PRAIRIE / FEASIBILITY ID:33A PID____ —Izz—aa—000s 0 ADDRESS:61 \ OWNER:EDSTROM /co PID:29 116 22 43 0042 Pu:2s-Its-22-a4-oo18 �� I1..61 o \ - - � � I� FEASI@IL1TY ID:32I / ,/', /� ji ,_OWNER:S:101 1 , , / ADDRESS:10131 co /' ED N PRAIR E ROAD %.�A — — -- ' ` . ' .• S: PID:29-116-22-44-0014 Gp ORNER:EDSTROIA lti _ - ADDRESS: J - I I e,- i- �� PID=99-116-22,t{-0039_ �\ '- I\ __::--' o7 % J —� / I� i� F / / FEASIBILITY ID:42 F / o OWNER: CITY OF EDEN PRAIRIE / �OWNEER:EDSTROM SIBILITY ID: 7 �•— ,�- -- 0' ADDRESS: 7 FM / _ _ / FEASIBILITY ID:36 I ADDRESS: I / > -FM / PID:29-116-22-43-0041 / / OWNER:RYAN PID:29-116-22-43-0001 _ > ADDRESS:10197 I I > FM ci3L a PID:2s-11s-2z-43—000s FEASIBILITY ID:40 — > FM m :29-11OVVNER:NOTERIAANN >Uo ADDRESS:61_ PID:29-116-22-44-0021 co7_______________________________________/ if 13 cc FEASIBILITY ID:41 _- - 1 - _ OWNER:NOTERMANN �A .2 — — J I ADDRESS:16180 - _ �' / t� a \1 PID:29-116-22-44-6020 V'/ j (:t1r.........J... FLYING CLOUD DRIVE > 4/7 co LIFT STATION (^ a wafar Imo > Q Q U io rn c m c rnIII w Utility Improvements - Option 3 - Combined Gravity System on Private Property FIG. 3 EDEN Lion's Tap Utility Improvements (IC# 15-5906) PRAIRIE 02/01/2017 111E•.:0:.r.0*.: // \1_, ,� V III •� LEGEND \ \ \ (' 1 0 0 0 ��� PROPOSED SANITARY SEWER FORCE MAIN(OPT 1) n I ` / -FM® PROPOSED SANITARY SEWER FORCE MAIN(OPT 2) \ i — — / 1 > PROPOSED SANITARY SEWER GRAVITY MAIN \ \ n / • SANITARY MANHOLE • \ \ \ \ n PROPOSED WATER MAIN 1 I r BENEFITING PROPERTIES I FEASIBWTY ID:27 L__—__—__� SEWER&WATERMAIN ASSESSMENT I WOLTER 7----7 \ \ \ ADDRESS:10065 NO ASSESSMENTS AT THIS TIME.FOR _ PID:29-116-22-44-0032 / r 3 L__-__-__I INFORMATIONAL PURPOSES ONLY o / \ I L 2 1 / ' , , FEASIBILITY ID:34 / _ _ --, FEASIBILITY ID:35 I •� OWNER:EDSTROM / — — S \ OWNER:BUENZ ADDRESS:10101 i� ADDRESS:10100 I PID:29-116-22-44-0016 / I FEASIBILITY ID:30 \ PID:29-116-22-43-0003 • ONADDRESSL;ON \ \ L / — — FEASIBILITY ID:32A I PID:129-116-22-44-0012 — _ d,S •� OWNER:W EGERT \ \\ o o s 1 PID:29-116-22-44-0017 — — o FEASIBILITY IQ:33 QU-Co __ OWNER:EDSTROM I )\)) � `; ADDREss:10133 _ _ ' FEASIBILITY ID:31 o. Q�� LOT A PID:29-11fi-22-44-0004 _�- - - -- -- al FEASIBILITY ID:43 -�. _ - - OWNER:CARLSON rf - - ADDRESS:10129 � OWNER: CITY OF EDEN PRAIRIE / FEASIBILITY ID:33A f, P1�2s-t16 22-44-000s ADDRESS:61 \ OWNER:EDSTROM / --PID.29 116 22 43 0042I IP1�:291162244001810 ���� FEASIBILITY ID:32I_:DWNER:WIEGERT i j '� SI ---- I ADDRESS:10131 co / ED N PRAIR E ROAD �ii — — ' �.; P,ID:29-116-22-44-0014 OWADD ESS:61 ADDRESS:61 g �/ V 0 iiie "L 0 , 7 DU I(c)I B —i —__ FEASIBILITY IQ:42 OWNER: CITY OF EDEN PRAIRIE FEASIBILITY ID:37 11 OWNER:EDSTROM cn ADDRESS:61 2 FEASIBILITY ID:36IADDRESS:61PID:29 116 22 43-0041 / OWNER:RYAN PID:29-116-22-43-0001 ADDRESS:10197I = PID:29-116-22-43-0006/1/ FEtASIBI oTYRI�DN40 o ADDRESS:61 N o �i� PID:29-116-22-44-0021 �� / a II c ( — --------------L V ti /1/ U FEASIBILITY ID: :� OWNER:NOTERMANN - o. > — — -1 r - ADDRESS:16180 / ,.� —r �, I PID:29-116-22-44-6020 j — c 0 w _ - - �,r it m : / i s, I a FLYING CLOUD DRIVE FN—of - co FM � ) Iv - FM VIONN M At ~—FL CqaQ co LIFT STATION _ N N ilkC W VIP Utility Improvements - Option 4 - Combined Gravity System Within Rights-of-Way FIG. 4 EDEN Lion's Tap Utility Improvements (IC# 15-5906) PRAIRIE 02/01/2017 CITY COUNCIL AGENDA DATE: SECTION: Report of the City Attorney February 14, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.H.1. Community Appeal of Planning Commission Development/Planning Determination of Non-Conforming Use Janet Jeremiah/Julie Klima Requested Action Move to: Uphold the determination of the Planning Commission that the non-conforming use 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. Synopsis The City of Eden Prairie received an application appealing a staff determination regarding a non- conforming use located on Beach Circle. Earlier this year, 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 a protected non-conforming use. This confirmation was sought due to the 12551 Beach Circle property being marketed for sale. At that time, City staff conferred with the City Attorney and provided a determination to ERS Development that the non-conforming use status of the easement had been lost due to the discontinuance of the use. ERS Development LLC filed an appeal of that determination. Planning Commission Review At the December 12, 2016 meeting, the Planning Commission, acting as the Board of Adjustment and Appeals, held a public meeting on an appeal of staff determination. After hearing information presented by staff, the appellant, and nearby property owners, the Commission voted to direct staff to prepare findings and an order upholding staffs determination. Findings of fact, conclusions and order were prepared consistent with the direction and discussion of the Planning Commission. At the January 9, 2017 meeting, the Commission adopted Final Order#2016-18 along with Findings of Fact, Conclusion, and Order by a vote of 5-2. A copy of the Final Order and its exhibits are attached for the Council's reference. On January 12, 2017, an appeal of the Planning Commission determination was filed. City Code Section 2.26, Subd. 2.A.3 states that review the petition, files, documents and records of the proceedings in the matter. Attached to this report are the supporting documents. Background The 120-Day Review Period Expires on February 28, 2017. Attachments 1. Final Order No. 2018-16 2. Findings of Fact, Conclusion, and Order 3. Exhibits A through H 4. December 12, 2016 Planning Commission Minutes 5. January 9, 2017 Planning Commission Minutes 6. December 12, 2016 Staff Report and Attachments 7. January 9, 2016 Staff Report and Attachments 8. Statement from Property Owners at 12530 and 12535 Beach Circle 9. Statement from Dr. Salovich CORRECTED COPY ZONING APPEAL#2016-18 CITY OF EDEN PRAIRIE PLANNING COMMISSION FINAL ORDER 2016-18 APPLICANT: ERS Development LLC do Peter Beck OWNER: ERS Development, LLC do 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 permits 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 procedural requirements necessary for the review of said appeal have been met. (Yes X No N/A). 2. Appeal 2016-18 is: X _ staff determination upheld staff determination 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 C`ty Council Review. BOARD F A USTMENTS AND APPEALS N/A=Not Applicable BY: Andre Piep Vice Chair Date: 01-09-1 THE PLANNING COM M I SSI ON OF THE CITY OF EDEN PRAI RI E 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 CI RCL E 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 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. 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 (SEE ATTACHED) } Doc No 4413949 08/08/2007 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 55 New cart Cart Fees 1194756 $1.50 AF 764599 $10,50 STATEFEE $54,00 TOCCFEE $0.0€0 TSUR $2.00 COPY $68.00 rota! Form No. 1-M- WARRANTY DEED Indlvldual(s)lu lndlvldual(s) DEED TAX DUE: $3,162,00 Date: November30,2005 FOR VALUABLE CONSIDERATION, Barbara C. Turner, a single person, Grantor, hereby conveys and warrants to Elmer R. Salovicii,Grantee,real property in Hennepin County, Minnesota,described as follows Lot 10, Block], The Cove,Hennepin County,Minnesota. 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: PIN: 02-]16-22-33-0002 together with all hereditarnents and appurtenances belonging thereto, subject to the following exceptions: Covenants, conditions, restrictions and easements of record, if any check box if applicable: 0 The Seller certifies that the seller does not know of any wells on the described reel property 0 A well disclosure certificate accompanies this document, ❑Tam familiar with the property described in this instrument and I certify that the status and nurn r es AP]s on the described real property have not changed since the last previously filed well disclosure certificate. �Jr • Barbara C.Turner Affix Deed Tax Stamp Here STATE OF MINNESOTA .rs. COUNTY Off' TiENN]:P)iN The instrument was acknowledged before me on November 30,2005,b, L arbara C.' timer,a.sing pa -n. NOTARIAL STAMP Ott SEAL(OR 0'1'l MIL TrILG OR RANK): if A +� m 'G Jn a or tq■ It PUBLIC OR OM ER.MP ]AI, ,JAMESA. LUNDBERG ` I "A4'1 NOTARY P1.18)0-MIINNESOTA hack here if part or all of the land is ltegisl red(Torn s)0 ' ;,i i My Co>aimiarIan fa0ma den,S1,MEI W • " • a Tax Stoterncnts for She real property described In ibis instnunant should be ace{in(include nntne and address of Graruec), t'ISIS INSTRUMENT WAS fJftAFI'GC]BY(NAME AND-ADDRESS); #76� P International Closing Services, lnc. t Ebner R,Saloviclr -2f 1—S uit-Giffrie ,, 1 6b00 Prance Avenue South, Suite 64p � � (��� � Reel" Edina, Minnesota 55435 BdGrritia'Msu +saqk File No.:57743 0,;7k.4� .�- T � EXHIBIT B (SEE ATTACHED) EXHIBIT B Area Location Map - ERS Development LLC Eden Prairie, MN Bryant Lake Beach Road '{253a Beach Circle] \ 494 Parcel created In 2006 ,\ N 0 115 230 Feet ItIILIIIJ EXHIBIT C (SEE ATTACHED) STAFF REPORT TO: Planning Commission FROM: Regina Herron, Planner I THROUGH: Scott Kipp, Senior Planner DATE: March 10,2006 SUBJECT: ERS Estates 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 RI-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 RI-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 I.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 water 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. InstalI 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. EXHIBIT D (SEE ATTACHED) Report Name: Permit Search City ofEden Prairie Printed 6/3/2016 Page: 1 Permit Search Results l r,Tprit 4 permitTvnq ap_hantg Work Type Description Hnnct Street Unit 1`5 Imiednale final pate Dead Dare f-ncel Date Ran Date Valuation ePermit User 1, User EP130869 Building SFD/Retuo RemodellAlt INSUL& 32551 Beach Cir 12/22/2015 12/23/2015 I,000 No del SHEETROC K GARAGE EP128747 Plumbing Fixtures Remodel/Alt Replace 12551 Beach Cir 08125110i5 10/01/2015 1,895 No Water Heater& SoRner EPl28610 Mechanical Factory Remodel/Alt 12551 Beach Cir 08/19/2015 12107R015 7,240 Yes Built Gas EP12S300 Mechanical Gas Piping New 12551 Beach Cir 08/03/2015 09/22/2015 0 Yes EP128299 Mechanical Duct Work Remodel/Alt 12551 Beach Cir 08/03/2015 09/22/20I5 1,000 Yes EP1275]6 Building SFDfRemo Remodel/Alt RMDL 12551 Beach Cir 06/3012015 12/07/2015 25,000 No Reviewed dal BSMTIREP LACE INT STAIRS& RA1LSIh4A KE1 WINDOW EP127600 Building SF]71Resid Reside replace 10 12551 Beach Cir 06/29/20]5 07/02/2015 3,800 No ing square w/ Hardi F.P126826 Building SFD/Rero Reroof TEAROFF/ 12551 Beach Cir 05/21/2015 06/04/2015 8,000 No of REROOF HOUSE& GARAGE EP126334 Building SFD/Remo Remodel/Alt REPLACE 2 12551 Beach Cir 04130/2015 12/07/2015 I0,000 No del ENTRY DOORS/1 PATIO DOOR/RM DL 3 BATHROO MS EP 126264 Plumbing Fixtures Remodel/Alt REPLACE 12551 Beach Cir 04124/2015 10/01/2015 5,000 No 15 MAS 133t BATH FIXTURES EPl25197 Mechanical FcrnaedR Replace 12551 Beach Cir 02/20/2015 06/30/2015 5,691 Yes eplacemen Report Name: Permit Search Painted:6/3/2016 City of Eden Prairie Sege: Permit Search Results termit# Permit Type Sub Tvnc Wnr14 Tyne Tlescriplinrt Hntscc Street inir T.cc;ued Date Final Date Dead Date C rteel Hate F,xn Disc Valuation ePermi[ er 1 tl er 2 EPI17157 Building SFD/Wind Remodel/Alt REPLACE 1255E Beach Cir 03/24/2014 06124/2015 20,000 No m► I3 Replaceme WINDOWS! nt 4 PATIO DOORS/3 ENTRY DOORS EP116094 Plumbing Fixtures Remodel/Alt 3 Fixtures 12551 Beach Cir 01/10/2014 06/2412015 2,000 No EP104476 Building SFD/Remo RemadeUAlt MSTR BED 12551 Beach Cir 16/14/2013 04/24/2015 25,000 No COMPLE del &BATH TED RMDLr2 NEW WINDOW OPENINGS & EP035842 Building SET/Remo Pool DEMO 12551 Beach Cr 10/2612009 12/03/2009 0 No del POOL EP085324 Building SFD/Addit Addition REPLACE 12551 Beach Cir 10/01R009 04/24/2015 6,000 No REVIEW inn FRONT COMPLE ENTRY TE ROOF EP067945 Building SFD/Remo Remodel/Alt REPLACE 4 12551 BEACH 12/26/2006 07/24/2409 30,000 No del WINDOWS- CIR 1 DOOR-RO OF-SIDING EP067850 Building SFD1Addit Crarage1Shed GARAGE 12551 BEACH 12/26/2006 D7/2412009 14100 No ion ADDMON CIR EP036756 Sewer& Sewer Repair SEWER 12551 BEACH 09/09/2002 09/17/2002 0 No Water REPAIR C1R EP022397 Mechanical Heating Replace FURNACE 12551 BEACH 12/08/2000 01/19/2001 1,700 No CIR EP017314 Building SFD/Remo Rereoi TEAROFFI 12551 BEACH 03/31/2000 01/29/2002 8,000 No dcl REROOF CIR 21 Permit record(s)found Total Valuation: 175,626 EXHIBIT E (SEE ATTACHED) BECK LAW OFFICE Peter It Beck MOO US Bancorp Center Attorney t L peter©peterbecklaw.com BOO Nitx�!let Mali a Law 512491-1350 Minneapolis,MN 55402 www,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&Nilan, Ltd. 630 3'Ave S, Suite 1600 Minneapolis, MN 55402 Re: Lot 2,Block 1 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 I,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 Getsehow,City Manager Richard F. Rosow, City Attorney Julie Klima, City Planner City of Eden Prairie May 23, 2016 Page 2 ERS acquired Lot 10, BIock 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 I,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 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 FRS 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: (I) 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, t3loek 1 The Cove, at the time it split Lot 10 into Lots l 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 rTh By: Peter K. Beck PKB;tk cc: Dr. Elmer Salovich,ERS Development LLC EXHIBIT F (SEE ATTACHED) GREGERSON, ROSOW, JOHNSON & N[LAN, LTD. ATTORNEYS AT LAW DAVID H.GRLGERSON* 100 WASHINGTON AVENUE SOUTH ItOBER'T I.LAND(1922-2012) R]CHIARD P.ROSOW. SUITE 1550 ROOER A.PALLY(RETIRED) MARK I.A.NtLAN*t MINNEAPOLIS,MINNESOTA 55401 NA1so admiticd in 111Inois JOSEPH A.NIt.aN t DANIEEL R.OREGF.RSON1 TELEPHONE:(612)338-0755 *Also admitted in Wlaconsin JOSHUA A.DOROTHYt FAX (612)349-6718 tA!so admitted in Nodi,Dakota SARAH E.SCHWAr I]OFF +MSBA Board Certified Rani Property Specialist DANIEL A.ELLERBROCK,11 Www,cRmr,cOM Jt3NNlf1It M SPAf..DING , r.JAMrss t(}WER Writer's Direct I2-436.7477 MARGARET L.EVAVOLD' Writer's E-mull:rrosnw{rgrjn.com JACOB T.ME.RKEL June 29, 2016 Julie Klima Via Email Only City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 RE: Lot 2,Block I,ERS Estates Our File No.: 1610.0011ERS 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 "forma] 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. Julie Klima June 29, 2016 Page 2 In 2006, Salovich subdivided Lot 10 into two parcels, known as Lots l 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 1] 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. 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 ease. 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. 1d 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 nonconforming use. Id. at *I.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 for 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 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 discontinuance of the nonconforming use for a period of more than a year. Very truly yours, GREGERSON,ROSOW, JOHNSON&NILAN,LTD. Richard F. RosoW RF'R EXHIBIT G (SEE ATTACHED) BECK LAW OFFICE PeMNus Sanccrp cantor r e f is e C k Attorney a t Law V. p12-991 elaruncxlnw.corn 699 Niaoilnt Moil 912-991-t 39a Mlnnoopalls,MN 55492 www.pa1nrdn<'.klnwc4rn October 1I, 2016 Planning Commission City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Re; Lv12, Block 1 ERS E.slatcs Dear Planning Commissioners: Earlier this year FIBS Development LI,C("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 Property to access Bryant Lake via an existing 20-foot casement over Lot 8, Block 1, the Cove, and In 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 your of this use. This letter is submitted in support of i RS's appeal of this determination. Although ERS also owns Lot 1, Block I 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 I, The Cove. Lot 10, Block I was sold in 1965 by the developer of The Cove,Thomson and Scroggins,Inc.,to Curtis D. and Barbara C, 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 I,The Cove, for the purpose of access to B3ryant's Long Lake and for the purpose of maintaining at dock on the shore thereof ERS acquired Lot 10,Block 1,The Cove, from Mrs, Turner in 2005. The deed front 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 pur ose of access to Bryant's Long Lake and for the purpose of boat dock on the shorq thereof, In 2006, ERS subdivided Lot 10, Block I, 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 tight to access and place a dock on the lake, with the following language: The existing lot has an easement to the lake across a properly to the northeast and a dock. This dock is nonconforming. The use of this dock 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 he clear,1ERS 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, 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, Block 1 to access the lake via the existing 20-foot easement and place a dock on the lake. ERS Development is an investment entity owned by Dr, Elmer Salovich, a retired orthopedic surgeon. Dr, Salovich purchased Lot 10,!Thick 1,The Cove, in 2005 for$930,000 for the purpose of subdividing Lot 10, remodeling the home and selling the two new lots, Lot I as a buildable lot and Lot 2 with the renovated and remodeled home. The purchase price he paid, and the amount he invested in the subdivision anti 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, Salovich'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 arty intent by Dr. Salovich to abandon the right to access the lake and install a dook, and Dr. Salovich has taken no action which would indicate he 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 Nacfele v. City of Eden Ps-airie,2000 WI. 1809574(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 fur a dock that season. In this case, with no one occupying the home on the Property, there was no need fora 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 lake via the casement and install a dock. En fact,his actions since acquiring Lot 10, Block ] The Cove make clear that there has never been any intent to abandon the rights of Lot 2, Block 1, 1?RS 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 I'ar 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 i 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. Salovich'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.,be has been unable to sell the Property due to the uncertainty regarding the lake access and dock rights. lie 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, .7 PETEI K. BECK ATTORNEY AT LAW PLLC r 1 L By: V(I 1 -)'.('v Peter K. Beck 1 PKB:tk cc: Dr. Elmer Salovich,ERS Development LLC 1 EXHIBIT 1-1 (SEE ATTACHED) STATEMENT OF DR.ELMER SALOVICH l. 1 am the sole owner of ERS Development.which is the sole owner of 12551 Beach Circle. which is legally described as Lot 2. Block 1 ERS Estates. 2 1 purchased Lot 10,Block 1,The Cove,including the home located at 12551 Beach Circle, in 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 bout 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. I subsequently begun renovating the home. which was uninhabitable when l acquired Lot 10. This renovation project took much longer than expected, nearly ten years, for a number of reasons. The final cost for the renovation ended up being $1,198,662, for a total investment in Lot 10. Block 1,The Cove.to dale,of over$?,t 50.000. 5, To recover some of my costs for Lot 10 and renovation of the home, in 2006, 1 subdivided 1,ot 10. Block I, The Cove, into two parcels. Lot 1 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. The proposed second lot is not entitled to an additional dock on the lake, ti. No one from the City told inc. 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 wonted 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. 'lb date I have not been able to sell Lot i, Block 1. ERS Estates, which does not have any access or dock rights to the lake. 9. I have als❑ 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 properly. but it was contingent on confirming the right to install a dock. This offer was revoked when City stall'took the position that the lot does not have the right to a dock. 10. When I 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. 11. When I invested an additional $1.198,662 in the property to renovate the home, I did so in reliance on the lake access and dock rights granted by the deed and confirmed by the City when I subdivided Lot I 0 in 2006. 12. Renovation of the home was ongoing from 2006 until 2016, at which time 1 began arty efforts to self 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. 7 13. 1 have never intended to abandon or give up the rights to access or maintain a dock on the lake, which are property rights granted in my deed and confirmed by the City in 2006. 4. If the City takes my deeded right to install a dock on the lake, 1 will incur an additional loss on this property of$4O0.000 or more. 15. 1 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 I had been assured,by the deed of the property and the 2006 stall 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 UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,DECEMBER 12, 2016 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: Jon Stoltz, John Kirk, Travis Wuttke, Ann Higgins, Charles Weber, Andrew Pieper, Ed Farr, Mark Freiberg, Tom Poul CITY STAFF: Julie Klima, City Planner Rod Rue, City Engineer Matt Bourne, Manager of Parks and Natural Resources Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Acting Vice Chair Farr called the meeting to order at 7:00 p.m. Kirk, Pieper, Stoltz and Weber were absent. II. APPROVAL OF AGENDA MOTION: Higgins moved, seconded by Freiberg, to approve the agenda. Motion carried 5-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON NOVEMBER 14, 2016 MOTION: Freiberg moved, seconded by Higgins, to approve the Planning Commission Minutes. Motion carried 5-0. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS A. ERS ESTATES LAKE ACCESS & DOCK Location: 12551 Beach Circle Request for: PLANNING COMMISSION MINUTES December 12, 2016 Page 2 • Appeal of staff determination that the legal non-conforming status of a second dock located at 12530 Beach Circle has ceased Klima said this is an appeal of staff determination. In this instance, the dock operates as a non-conforming use status. Earlier this year, the property owner at 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 a protected non-conforming use. The history on this is in 1965, the property was sold by the original developer along with a non-exclusive easement over the southeasterly 20 feet of the property located at 12530 Beach Circle for the purpose of access to Bryant's Long Lake and for the purpose of maintaining a dock on the shore. The property remained under the same ownership until 2005 when it was sold to ERS Development LLC. As part of the 2005 transaction, the deed conveyed the 12551 Beach Circle property along with the non-exclusive easement noted above. The 1965 easement document allowed for the placement of a dock at the 12530 Beach Circle property. The owners of 12530 Beach Circle also have installed a dock to Bryant Lake from their property resulting in two docks on this parcel. The use of the second dock has been a non-conforming use since at least 1996, when the City Code regulations were adopted limiting docks only to lots abutting the lakeshore and limiting docks to one per lot. ERS Development states that the property at 12551 Beach Circle has been vacant since its purchase in 2005 and that there has been no use of the access easement or dock. Klima stated City Code Section 11.75 states the following with regard to non- conforming uses, "Non-conforming uses may be continued, including through repair, replacement, restoration, maintenance or improvement, but not including expansion,unless the following conditions apply: A. A non-conforming use is discontinued for a period of more than one year; or B. The non-conforming use is destroyed by fire or other peril Klima said ERS Development states that the use has not been continued since purchase of the property in 2005, ERS Development alleges that there was no intent to abandon the non-conforming use. Klima stated the City has been in conversation with the City Attorney, Richard Rosow. Staff recommends that the staff determination that the non-conforming status of the dock located at 12530 Beach Circle serving the property at 12551 Beach Circle has ceased be upheld. Mr. Rosow said the MN State Statue involved in this determination is 462.357 and uses the same language as the City Code, which was amended in September of 2005 to use the language that is in the state statute. The property owner has a right to appeal and the Commission has to provide findings supporting its decision. The Commission should direct staff to prepare findings to either sustain the staff decision or overrule the staff decision. The next Planning Commission meeting staff would bring back findings and a written order. PLANNING COMMISSION MINUTES December 12, 2016 Page 3 Klima said in the packet there is a letter from a homeowner and a golden rod sheet that is in front of Commissioners from the homeowner at 12535 Beach Circle for the record. Acting Vice Chair Farr asked the appellant to come forward to discuss the determination of City Staff. Peter Beck, attorney speaking on behalf of Dr. Elmer Salovich, came forward to discuss the determination. He stated there was a letter from him in the Commissioner's packet. Mr. Beck said they disagree with the City's decision and pointed out it would take hundreds of thousands of dollars away from the sale of this property. He also stated he has an issue with the 2006 staff report. There is nothing in the staff report stating"continually". When Dr. Salovich bought the property he was under the assumption he could have a dock on his property and now it is not reasonable that this dock be taken away. This is a property owner that has invested a lot of money in his property and because he was not living there it is wrong that he should not be able to have a dock there. This constitutes property value loss as there was a prospective buyer for the property that has recently pulled his offer because of this. Dr. Elmer Robert Salovich introduced himself and said he is the sole owner or ERS Development, which is the sole owner of 12551Beach Circle, which is legally described as Lot 2, Block 1, ERS Estates. He read to the Commissioners his letter that was in the packet. He stated he purchased Lot 10, Block 1, The Cove, which includes the home at 12551 Beach Circle in 2005 for$952,937. The deed to this lot included a nonexclusive easement over the southeasterly 20 feet of Lot 8, Block 1. He pointed out he did have a discussion with the City after the purchasing of Lot 10, Block 1. He asked them what size docks could fit in that area. He was told it would be the same requirements as the other homeowners that live around the lakes. Mr. Salovich explained to the City that his main concern was to rehabilitate the house, and once the house was done he would put in a dock. Mr. Salovich said the final cost of renovation was $1,198,662. To recover some of the costs in 2006 he subdivided Lot 10, Block 1 into two parcels. Mr. Salovich pointed out that at that time, or since, did anyone from the City tell him that in order to maintain the dock rights recognized in the 2006 staff report that it would be necessary to put a dock in the lake each year, even though the property was vacant. Mr. Salovich said to date; he has not been able to sell Lot 1, Block 1, ERS Estates, which does not have any access or dock rights to the lake. Lot 2, Block 1, ERS Estates, with the renovated home, had a potential buyer but he has since pulled out because of the uncertainty of the right to install a dock and hearing that City Staff took the position that the lot does not have the right to a dock. Mr. Salovich reiterated again that no one from the City told him he had to put in a dock in a certain amount of time. City Staff stated when he is ready to install the dock, come in and they will help with the size. If the City takes the deeded right to install a dock on the lake, he said he will incur an additional loss of$400,000 or more. PLANNING COMMISSION MINUTES December 12, 2016 Page 4 Heather Hanson, of 5090 Kelsey Drive, Edina, is Mr. Salovich's realtor. She said when they put the property up for sale; they had a lot of interest in the property and had one potential buyer, being contingent that the dock be allowed to be put in. Freiberg asked if the offer is currently on the table. Ms. Hanson said they did withdraw the offer. Mr. Beck stated the home has not been marketed without the dock rights. Wuttke asked how much the house is marketed for. Mr. Beck said approximately$950,000 with dock rights, but the buyer who is here tonight can verify the amount. Wuttke asked if a market study was done for the value without the dock rights. Mr. Beck said they have not asked Ms. Hanson to come up with a listing price without the dock rights because they thought they had them. Wuttke asked if there have been any offers for the lot that does not have dock rights. Mr. Beck said it is listed at$325,000 and they have had no offers on it; $308,000 is what Hennepin County assessed it at. Wuttke asked what the County assessed the other property at. Mr. Beck said they had not re-assessed it since the improvements were made so pre-completion they assessed it at $550,600. Mr. Beck said they would not be here if they did not feel it was a several hundred thousand dollar issue. They are not disagreeing that there was a period of over a year without a dock there; they just do not believe the City has a right to take it away because there was not intent to abandon the use as the owner was just renovating it. Wuttke asked why it had taken the City Attorney's office so long to send Mr. Beck the letter dated June 29, 2016, that was included in the packet. Mr. Beck said he had just received the letter last week and has not had an opportunity to respond. Mr. Rosow said this letter initially went to City Staff as an attorney client confidential letter. Klima asked if the attorney client privileges could be waived and have this letter included in the Commission packet. Mr. Rosow said they took the confidentiality notation out of the letter and sent it out but did not change the date the letter was prepared. Mr. Beck said the issue is not the date of the letter but the loss of the dock rights to Mr. Salovich. Acting Vice Chair Farr opened the meeting up for public input. Mark Eckstein, of 7213 Monardo Lane, Eden Prairie, said he is the prospective buyer and made an offer back in April under the assumption he would have dock rights. He stated they have recently withdrawn their offer because of the issue with the boat dock. He also pointed out he is the one that asked that the dock rights be verified. Wuttke asked if he would have made an offer without dock rights. Mr. Eckstein said he would not of because of the cost of the property. Bruce Paradis, of 12530 Beach Circle, came forward and said he submitted an email in the packet. He stated the easement runs along 20 feet of his property. He said in 2006, when the property was subdivided, he assumed a third property was going to be created. The reason there was not a third easement was because he and the neighbors had to pay Dr. Salovich not to create an easement on the third parcel of PLANNING COMMISSION MINUTES December 12, 2016 Page 5 property. He stated this property has been a mess for the past 10 years. He has offered to purchase the property but Dr. Salovich said he had too much money invested in it. Prior to 10 years ago, the dock was actually abandoned and he and his neighbor had to pay to get rid of it When the property became listed, he wanted to sit down with Dr. Salovich and the realtor and talk about the easement, but they did not seem too enthused. Mr. Paradis said he supports Staff decision even though he owns a portion of this land with the easement. Wuttke asked Mr. Paradis what he means by abandoned easement. Mr. Paradis said the parcel created in 2006 is not covered by the easement. Mr. Paradis recently purchased the property at 12550 Beach Circle and intends to have the easement rights for that lot eliminated. Wuttke asked what abandon means. Mr. Rosow said abandon means an intention under law to release your rights. In the case of the easement, if it was unused for a long time, it could mean abandon. Mr. Rosow pointed out in this situation we are not talking about the issue of the easement itself or the access rights but rather discussing the use of the dock. David Stein, of 6741 Beach Road, said he have lived there since 1991. He is not in favor or opposing what Dr. Salovich is stating, but may add clarification for the decision tonight. Mr. Stein said he has a dock that is conforming and he uses rail systems to take out his pontoon and boat. He stated if one were to look in the area at 12530 Beach Road and the lot next to it, there is not much room for docks in that area and a rail system may help. Laura Helmer, of 6941 Beach Road, said she would like the Commission to sustain the City Staff decision. Mr. Beck said he would like to respond to a few things. In 2006, Dr. Paradis did not challenge the Staff report decision that there was the right for another dock, What is new to all, is the dock that was there was not taken out by the previous owner or Dr. Salovich, but rather Dr. Paradis and the question to ask is if it will still have the same affect or depriving the owner of dock rights. In regards to Dr. Paradis, Dr. Salovich and Ms. Hanson meeting, he was not there and it was an unsuccessful meeting. Freiberg said he is looking at the letter that is in the packet and wants to know if the homeowner was ever notified of the time frame. Mr. Rosow said they do not notify homeowners. He stated at the time of the subdivision there was not a year that had been lapsed, so the use was non-conforming at that time. Freiberg asked how the homeowner would know the clock is ticking on a discontinued decision. Mr. Rosow said the rules were changed and the homeowner is responsible to know of the changes. PLANNING COMMISSION MINUTES December 12, 2016 Page 6 Acting Vice Chair Farr said From the standpoint of the City duty, he asked Mr. Rosow to clarify. Mr. Rosow said the City must make published notices in the newspaper for amendments to City Code and that satisfies laws for due process. Freiberg said he understands the legality of what Mr. Rosow is saying but he does not agree with it. Higgins asked that the properties that could have used docks prior to these changes, did everyone use them? She specifically was interested if the Turner property had a dock. Mr. Paradis said he has lived at his property for 25 years and the Turners lived there while he has been there and he said there was a dock there and a pontoon boat tied to it but he believes it was the neighbor's pontoon as the Turners were elderly. Mr. Paradis said as point of clarification, he stated they did not remove the dock from the lake but rather removed it from the lake as it floated down into their property. Acting Vice Chair Farr asked if there could be a lack of maintenance with this situation. Mr. Rosow said he did not believe the act of maintaining would affect the decision tonight. Acting Vice Chair Farr asked the Commissioners to address the topic of duty to discover, and pointed out due diligence is usually taken on by the buyer. Wuttke said the duty to discover should rely on the buyer, but the seller's agent should let them know if anything has changed. It should be put on both the buyer and seller to get that information. Klima commented that non-conforming issues that were revised in 2005 were for all uses and not just docks, and Staff routinely provides education when the public calls in. Acting Vice Chair Farr said the appellant felt like no one notified him in 2006, so what could he have done differently. Klima said at the time the property was subdivided, a year had not passed, so the use was protected under non-conforming status at that time. Wuttke commented in regard to burden of proof to the land owner, what constitutes use. Mr. Rosow stated if the dock was out in the water it constitutes use, regardless if anyone is using it. Acting Vice Chair Farr asked the Commissioners stand on this topic. Wuttke asked if the Commission is charged with coming up with findings this evening. Acting Vice Chair Farr stated they are to come up with findings this evening. Mr. Rosow stated it is helpful to have findings articulated tonight, so staff can use that information to draft findings for the commission to consider at its next meeting. Acting Vice Chair Farr said he will summarize his opinion. Based on the discussion tonight he feels the duty lies in the purchaser and he is in favor to sustain the City's decision. Poul said he supports Staff's decision. Higgins said she agrees with Acting Vice Chair Farr and Poul. She stated in this instance, where property owners have access to the body of water, it seems that they buyer should be looking PLANNING COMMISSION MINUTES December 12, 2016 Page 7 into the findings of the property and it should also be reasonable to fall on the person renovating this property. Freiberg said he has a hard time with the fact that over the 10 year time frame, there was no communication between the City and the homeowner. Just publicizing it in the paper is not enough and based on that Freiberg stated his vote is to overturn the decision of City Staff. Wuttke said he is leaning to overturning this decision also. The easement has been memorialized since 1964 to present with this property and others in this area. The reason for this easement is to hold a boat dock on the shore. Wuttke said he understands the City Code's reasoning to limit the number of docks on a parcel of property, but when thinking about easement rights the future valuation of the property should be taken into account. The removal of the easement would depreciate the valuation of the property. Acting Vice Chair Farr said the Commission is to make a motion to uphold or overturn Staff's determination and to direct Staff to report findings accordingly. Mr. Rosow said the Commission could make a motion to direct preparation of findings in support of Staff decision or preparation of findings in overruling Staff s decision. Wuttke stated his concern is the other Commission members missing from tonight's meeting and the next meeting they will not have heard what was discussed this evening and may not make a decision based on the information discussed. Acting Vice Chair Farr said he would like to make a decision this evening. The other Commission members concurred. MOTION: Poul moved, seconded by Freiberg, to direct Staff to prepare findings to uphold the determination of Staff that the non-conforming status of a dock located at 12530 Beach Circle serving property at 12551 Beach Circle has ceased. Motion carried 3-2. Freiberg and Wuttke objected. VII. PLANNERS' REPORT A. 2017 PLANNING COMMISSION WORK PLAN Klima said the next Planning Commission meeting will be January 9th, 2017. Klima said in regards to the 2017 Work Plan, Staff is proposing a work plan to include educational or policy discussions which may occur if there are not development applications to review at a particular meeting. She stated she is looking for the approval from the Commission to approve this plan. Higgins asked, in regards to item C, is this different than what has been done in the past? Klima said that is part of the City's By-laws and has not changed. MOTION: Wuttke moved, seconded by Freiberg, to approve the 2017 work plan. Motion carried 5-0. PLANNING COMMISSION MINUTES December 12, 2016 Page 8 VIII. MEMBERS' REPORT IX. CONTINUING BUSINESS X. NEW BUSINESS Wuttke commented he would like to see internal conversations in regards to the issues that transpired this evening. XI. ADJOURNMENT MOTION: Wuttke moved, seconded by Higgins, to adjourn the Planning Commission meeting. Motion carried 5-0. Acting Vice Chair Farr adjourned the meeting at 9:05 p.m. APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,JANUARY 9, 2017 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: Jon Stoltz, John Kirk, Travis Wuttke, Ann Higgins, Charles Weber, Andrew Pieper, Ed Farr, Mark Freiberg, Tom Poul CITY STAFF: Julie Klima, City Planner Rod Rue, City Engineer Matt Bourne, Manager of Parks and Natural Resources Ric Rosow, City Attorney Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Vice Chair Pieper called the meeting to order at 7:00 p.m. Stoltz and Weber were absent. II. APPROVAL OF AGENDA MOTION: Kirk moved, seconded by Higgins, to approve the agenda. Motion carried 7-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON DECEMBER 12, 2016 MOTION: Farr moved, seconded by Freiberg, to approve the Planning Commission Minutes. Motion carried 7-0. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS A. ERS ESTATES APPEAL OF STAFF DETERMINATION Location: 12551 Beach Circle • Request for: Appeal of staff determination that the legal non-conforming status of a second dock located at 12530 Beach Circle has ceased PLANNING COMMISSION MINUTES January 9, 2017 Page 2 Klima said based on the direction provided at the December 12th meeting, City Staff has prepared findings, which are included in the packet this evening, along with the exhibits provided on the table on goldenrod. Also in the packet was a memorandum from the City Attorney to Commission Members addressing the ability to vote on the findings if commission members were absent from the December meeting. There is also the appellant attorney's response from Peter Beck. Vice Chair Pieper asked appellant, Dr. Salovich, to come forward and speak. Peter Beck, on behalf of appellant, came forward and spoke. He said he wanted to focus on a few points in the letter and spend time on the proposed resolution. Mr. Beck said what is happening is an injustice. At the last meeting, he said the history of the property was gone through and he also reiterated when the property was purchased, no one from the City advised the appellant of dock rights and that the ordinance had changed. On that issue, Mr. Beck stated he feels this should not be held against Dr. Salovich. Mr. Beck said another question that was brought up at the last meeting was if the appellant discontinued use, and Mr. Beck said he did not. He pointed out Dr. Salovich did not move the dock, the neighbor moved the dock. The neighbor never wanted the dock or easement there. Therefore, he did not discontinue use. In regards to the resolution Finding 8, it states the dock was not on the shore; that is not correct,because we do not know that for sure. Dr. Salovich was there later than that. In Finding 27, Mr. Beck stated his notes did not mention that and they do not believe that finding to be true because the dock was a rolling dock. The dock was on the easement and Mr. Paradis never wanted it there in the first place. Mr. Beck said in regards to Conclusion B, he says the petitioner admits discontinued use of the dock. That is not true because Dr. Salovich never admitted to that; he did not discontinue use. Mr. Beck said they would like Dr. Salovich to be able to put in a dock next year. Richard Rosow, City Attorney, wanted to address Mr. Beck's letter. He stated after reviewing it he wanted to clarify a few things. The first item he wanted to clarify was the MN State Statute 462.357, subd. le and Eden Prairie City Code 11.75 both address a non-conforming use is discontinued for a period of more than one year. Neither of these rules addresses the issue of abandonment. Mr. Rosow said in regards to Mr. Beck's recent letter, the Staff's decision that is was a non- conforming use is that it was not used for over one year. Even though the dock was on shore, it needs to be in the water to be conforming. Mr. Rosow said there is no duty on the City to inform homeowners of changes in the City Code. These changes are published in the newspaper for all to be aware. In 2006, Dr. Salovich's application was to plat the property. Staff would not have known that there was going to be renovation on the property and the potential for the dock not to be used within a year, so Staff would not advise applicant to use the dock every year. Vice Chair Pieper asked if someone had a dock on shore and did not use it, is it still considered a discontinued use. Mr. Rosow said it is still considered a discontinued use. PLANNING COMMISSION MINUTES January 9, 2017 Page 3 Farr asked if this were to happen in another city, would notification be different. Mr. Rosow said all city governments are bound by the same state statutes and all of the cities should follow precedence of posting it in the newspaper. Freiberg wanted to go over what he objected to in the last meeting. He said the common sense involved is when someone is looking at a$400,000 potential loss; the City should have notified him. Freiberg pointed out it could have been done when the inspectors were onsite. He stated he has a problem with that and feels the City is better than that. Wuttke stated he concurs with Frieberg. Farr stated he has empathy for the appellant and understands what Freiberg is saying and would like to know how this situation could not happen again. He stated there needs to be a discussion at a later date about communication. Vice Chair Pieper asked if there is a database of non-conforming uses in the City. Klima said there is not a database listing non-conforming uses in the City. Mr. Beck said when Dr. Salovich came in and talked to the City about his dock, they should have told him then. He stated he believes this was not intentionally missed by the City,but it was missed and now Dr. Salovich is paying for it. Wuttke asked how a person who owns property would realize that it is a non- conforming use. Mr. Rosow said most of the issues arise on a complaint basis; a neighbor calls in and makes a complaint about the property. At that point it is a fact intensive inquiry. They have to go back to records and aerial photographs of the property and talk to neighbors about the property to find the facts. In this case, the property owner told the City he discontinued the use. He stated at the time, his intent was to renovate the home, which took him 10 years. Mr. Rosow also pointed out it was the potential purchaser of this property that inquired about the dock issue. Farr asked if Staff had authority to apply flexibility for this situation. Mr. Rosow said Staff does not have that authority to apply flexibility. Farr asked if there are legal recourse for the appellant. Mr. Rosow said the City Council can review this matter. Farr asked if we could negotiate a settlement for them. Mr. Rosow said no, the Commission cannot mandate a settlement. Freiberg asked if the City could have said something prior to Dr. Salovich. Mr. Rosow stated in 2006 the request was to plat the property and the dock would never have been an issue, so there would never have been a need to discuss the dock. Vice Chair Pieper asked the Commission members where they stand in regards to this issue. Poul said he felt the dock was not being used so Dr. Salovich lost his right and also felt the City did not do anything wrong in regards to communication as it was a platting issue. PLANNING COMMISSION MINUTES January 9, 2017 Page 4 Kirk said he was on the Commission 10 years ago and remembers the platting issue and does not recall conversation about the dock. Kirk said he agrees with Poul and the finding the City has made. Vice Chair Pieper said he agrees with Poul and Kirk, and also understands the sensitivity of this issue. Wuttke said the City Council may be able to hear this and do some negotiating. Mr. Rosow said the City Council would follow a similar process as the Planning Commission is following. Mr. Rosow said if a motion is made it should be noted in Finding 8 be revised to note the"dock located on the shore into the lake". MOTION: Kirk moved, seconded by Farr, to approve Final Order 216-18 to uphold the staff determination with modifications to Finding 8 to include the terms, after"on the shore", "into the lake". Motion carried 5-2,with Freiberg and Wuttke opposing. VI. PUBLIC HEARINGS A. CODE AMENDMENT—TOWERS AND ANTENNAS Request to: • Amend the City Code Chapter 11 relating to Cell Towers and Antennas Klima said the Federal Communications commission(FCC) Act of 1996 established antennas and towers as a permitted use in all cities and may not be discriminated against by zoning districts established in cities. In 1996, the City Code was amended to permit towers and antenna in all zoning districts and created Section 11.06 entitled"Towers and Antennas", which regulates the use of antennas and towers in all zoning districts. The Town Center, Airport Commercial, Airport Office and Gold Course Districts were created after 1996. After reviewing the permitted uses in these districts it was noted that towers and antennas were inadvertently not included at the time of the districts inception. The Code Amendment is a house keeping item to ensure City Code is in alignment with the FCC Act of 1996. Staff is proposing the language be clarified and is recommending approval. Kirk commented an antenna in an airport office district would not be permitted if it was a 100 foot antenna, but if it was 10 foot it would be permitted. Klima concurred that is generally correct that towers and antenna area regulated by Section. 11.06. Section 11.06 is not proposed to be changed. Vice Chair Pieper opened the meeting up for public input. There was no input. MOTION: Freiberg moved, seconded by Kirk, to close the public hearing. Motion carried 7-0. PLANNING COMMISSION MINUTES January 9, 2017 Page 5 MOTION: Freiberg moved, seconded by Higgins, to recommend approval to amend City Code Chapter 11 to permit antennas and towers as a permitted use in the Town Center, Airport Commercial, Airport Office and Golf Course Zoning Districts and based on the information included in the staff report dated January 4, 2017. Motion carried 7-0. VII. PLANNERS' REPORT VIII. MEMBERS' REPORT IX. CONTINUING BUSINESS X. NEW BUSINESS XI. ADJOURNMENT MOTION: Wuttke moved, seconded by Freiberg, to adjourn the Planning Commission meeting. Motion carried 7-0. Vice Chair Pieper adjourned the meeting at 8:03 p.m. STAFF REPORT: TO: Planning Commission FROM: Julie Klima, City Planner DATE: December 7, 2016 SUBJECT: Appeal of Staff Determination regarding non-conforming use status BACKGROUND The City of Eden Prairie has received an application appealing a staff determination regarding a non-conforming use located on Beach Circle. Earlier this year, 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 a protected non-conforming use. This confirmation was sought due to the 12551 Beach Circle property being marketed for sale. At that time, City staff conferred with the City Attorney and provided a determination to ERS Development that the non-conforming use status of the easement had been lost due to the discontinuance of the use. ERS Development LLC has filed an appeal of that determination. The duties of the Board of Adjustment include hearing all appeals where it is alleged that there is any error in any determination made by an administrative officer in the enforcement of the land use regulations. PROPERTY& CITY CODE HISTORY In 1964, the property at 12551 Beach Circle was originally platted. In 1965, the property was sold by the original developer along with a non-exclusive easement over the southeasterly 20 feet of the property located at 12530 Beach Circle for the purpose of access to Bryant's Long Lake and for the purpose of maintaining a dock on the shore thereof. The property remained under the same ownership until 2005 when it was sold to ERS Development LLC. As part of the 2005 transaction, the deed conveyed the 12551 Beach Circle property along with the non-exclusive easement noted above. The 1965 easement document allowed for the placement of a dock at the 12530 Beach Circle property. The owners of 12530 Beach Circle also have installed a dock to Bryant Lake from their property resulting in two docks on this parcel. In 2006, ERS Development subdivided its property. This subdivision resulted in an additional parcel located south of the existing 12551 Beach Circle property. The parcel created in 2006 does not have rights to the easement described above nor is this appeal seeking rights for the most recently created lot. Rather, this appeal applies only to the non-conforming rights of property at 12551 Beach Circle. During the review of the 2006 subdivision application, it was noted by the City of Eden Prairie in the staff report that"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. " The use of the second dock at 12530 Beach Circle has been a non-conforming use since at least 1996 when the City Code regulations were adopted limiting docks only to lots abutting the lakeshore and limiting docks to one per lot. ERS Development states that the property at 12551 Beach Circle has been vacant since its purchase in 2005 and that there has been no use of the access easement or dock. City Code Section 11.75 states the following with regard to non-conforming uses. "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; or B. The non-conforming use is destroyed by fire or other peril ........... " In this case, ERS Development states that the use has not been continued since purchase of the property in 2005, noting"with no one living in the home, there has been no need to access the lake or install a dock". ERS Development alleges there was no intent to abandon the non- conforming use. City Code Section 11.75, Subd. 1.A does not require intent to abandon a non- conforming use but rather provides that termination of a non-conforming use occurs upon discontinuance of said use for a period of more than one year, which is the case here. STAFF RECOMMENDATION Staff recommends that the staff determination that the nonconforming status of a dock located at 12530 Beach Circle serving property at 12551 Beach Circle has ceased be upheld. ATTACHMENTS 1. Appeal Application Information submitted by ERS Development 2. City Attorney Opinion Letter 3. Location Map 4. ERS Development Comments 5. Bruce Paradis Comments g:\planning\projects\active files\boa-zoning appeal 12551 beach cir\staff report 12.07.16.docx B I--cK LAW OFFICE , . 2600 US Bancorp Center Peter K Beck peter@peterbecklaw.com 800 Nicollet Mall Attorney at Law 612-991-1350 Minneapolis,MN 55402 www.peterbecklaw.com October 11,2016 Planning Commission City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Re: Lot 2,Block 1 ERS Estates Dear Planning Commissioners: Earlier 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 Property 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 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. 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: 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 i 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 1 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, Block 1 to access the lake via the existing 20-foot easement and place a dock on the lake. ERS Development is an investment entity owned by Dr. Elmer Salovich, a retired orthopedic surgeon. Dr. Salovich purchased Lot 10,Block 1, The Cove,in 2005 for$930,000 for the purpose of subdividing Lot 10, remodeling the home and selling the two new lots, Lot 1 as a buildable lot and Lot 2 with the renovated and remodeled home. 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. Salovich'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 Dr. 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 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,Dr. Salovich did not install a dock. However,Dr. Salovich never intended to,and never did,abandon his right to access the lake 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 Jt, 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. Salovich'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, PETER K. BECK ATTORNEY AT LAW PLLC By: V(I Peter K. Beck PKB:tk cc: Dr. Elmer Salovich,ERS Development LLC - I( • 2011—Wortonl Deed. , ,9..au_atl p,to 4 i -T-t ,,,_..-,. ,._ ___�Form 1�Io.!1 ^A Mlnnaeola U IIIornitiO cy,nolnq-„eIonk�l1931 —, • 803160 • VID1i4 Itlbl:1Cture, al ado tllty ...._..21,......_.._._....... cay of_...........142.Pdh._..._—..,........._, 1D_4L_,.., . . batweatt Thomson and Sorogginsl 2nc........_..-..._.,..._.__..._._.__.r...__,.,.,,,.,,..,..._„.,....,,_.__...�._......._.._.._._.: . a aorporation.ander the loos of lhr. State of.,.nbilgaG.t.1,,,.....L.,._.,..._.,_,_,.,_,., tuu'ty of llro/ir'st part, anti . •__• :,_CDr.tia D,,Tuner, and Barbara 0,,,Turner,,hu sband amt.wi£e__,_r,,,_,,,,,,,,,,__ „u,__ ,,,.., • of the County of,. F e.4?tieQiP...,,,_..—:...,....-.___,...„,..„and State u�,.., .,WMxFlnesota_.:.,_ ,plcrtirsyof flea second_ part, ' • . alitttegtfet(j, That l/t,,side party o lhu first purl, to euasiiui'atiutt of llw strut of.....,.....—__., r:. one Dollar and other good„and valuable„eonsidarations , ,, -„ O�;pygr " . to il'im haad pninl by tilt'said parties of the second part,the reueipt-tulcarouf is hereby ttalenwulaitecrl.,does ' 7te1'aby Giant,•11argail,SOIL anti Convey un-in 4/la said,parties uf the scrawl purl tls jnitl!(aurur.(s cool twi • i as tenants in evnemon, Moir assigns, the surr±ium'of sold parties,aunt hhe 1reitsi and assigns of (1nu seer- ' ' vlvor,eorever,•rtll'tlru.lraut,_.,.u1'parect,..._._ and fund lylu/ hang is the County of...ilennagin:_,__, j' ' ' and Slant of d/iatnuuta,described as/bliatvs,to-wit: ' il. • ' • . Lot 10; :Block 1, The•Cove, according to the recorded . :: plat thereof. • l,`ti. • ,. , Together with:•a non8g 6 7a}ve••easement over the Southeasterly• - D ony N: t;• ' ' • of 5' 20'.fcc.t of lot B,/The=, ove,,Jfor the.ipurpose of access to , x +� ' n!, "ram '• , ,yr`fd' Bryant.?s:Ling.Take.and Eor,the purpose of maintaining.a,boat - ' ' „i; : tt' • dock'•on the;shore thereof. :„ ." on. ' •,-:..:',� ''•'• • '1.J. DEED TAX o • .r., •'�: - •Subject to••'restrictiona:'acid easeme3its x ff:.• 'aoord. F. .'— 4. .� , • DEED TAX ;•' / �' TAX �•'•'h ' III. '` t6' DEED .f•.V,'Ilv n • U J 1/} • 1 1'..f.• The State Deed Tax due hereon is $9:35. • '• -;.:: • :•, •'• �Lo.: Dbe•'CHID to Mots Hje aglarn1-, 2'ogethor wi17.all the ho1'cdttawan.ts and appurtenances theca• ' ='ii.r. "..' untatiolongtng'or to anyiuiso a.ppe'tatatiltg to eho said?wallas of Ma scooted part, 111067 asstgits, the snr=: • 7" ;?:• -,''?; "viuor of said71a7.(Los,and the I6061I•unctasitg7t3 of Ma SIiTUlva1,Forever,the said parties of the second-part•' -V,t 's;'_~•` ;•--taToin as 'otitt Eoitanta•and nut as hill-Wad iv:aonuuron. 2? • g 7 , r,. :: .'• •. •' '✓Intl tha tidal`parti of.the ftrat part,,fm''itsotf,and its sueuessors, does covenant(oitlt tha said purlieu ;�: of.:tho seooid:pai•t,•their,•assign t16a-survive' of•said parties,and thu hake and assigns of the survivor, • : • ;:_;'-• •••' • ': that:tt is wall setzccl in,fee of t7to lands alttl promises aforesaid,and has'good aright to sell and convey tha - .; ‘ ', :•; same•in.r aniter and-,form aforesaid, and that the-sante•aro fray front all inausnbraslocs,except as . `it' • •;tiereinabove set forth ' _ - .1. • ✓ln'tl11w• tab ai'gailtcd'd,&iL;gi,s•tUtctl-lantZs taut premises, in, tha quint and llcaccabla possession of oho ' • ' ,. saiil:parlids of,tha second.pal�1,17toi7'assigns;the au1•ui0br oJ'said parties, and'the heirs and assigt6s of , • " ••.-4::;;';:=:• •-thc,tativtlioi.-against all 77erso,ts'lawfullb'olaimiva 07'..t0 alainnt t/td70hol0 or,any part theroof, subject '''`''-"" Co_1' m ui(ve -i tit ltoralnbo o'a mentioned,,The said?laity ofliw rat art will Warrant and " 't•' '1:• _ � �� , r„ f. U,' f .. P ill �• P cviil ' S~ " ' it..M.0313oli� lbeeeof,'2'he said f i•st party has cal' those • - ., : 'C: • •proscltts to•be a veautad in its(torpor ato name,by.its.Y....c ;tl .'i ,,!' f..t,G1' :1+ • President aiid 1ts...Seeret.try„",,,,,,,,,,,,,,,,,,,;and Us corporate scat to • " t. � -ft�\'�(•r+•4 "` be 71o'ot76io effGrad'MO flay and Uaar first abova written. :-. a • . . 'a;.:2 tP-! •. P1 • . ' ' • ,4:4(.101�� +. • • w......,'1hom n rgg ins, .TaQi_,, : I[ '•1'!t(..n....T7t 1'rasenaa of • / '.II• - .By.... d.'.o.l •6f..... ...�.J.�M�,Tl••S-1,&...._...... I�t/ i%' G(^( r• (,S fit /s( _ Vice . .. PI'csidcrtt. • .CS--- -: • '4)--. ..• �$ ± t:L • Its....._..._...._.seeee,....., ......._......... .......... ki g.. • • . 1 k ' ''••••. • • • • . • . , • - • . • • ' • • 1_60 i . . .• ., , .• . . . . • • • • •• • state of j)ifiiritteota, • 163. 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' ..,I . • .: • ki R Z 4;4., A A . .• 8 1•'•1 4 '*,` k4i --' 1 il N 1 *4 FR cc . • • •.:':II . • • .....;',1 ' • • , • ... • .• . . , • I • . • r _ E -- - l -.---- 1 • ti Doc No 4413949 08/08/2007 03:00 PM Certified filed and or recorded on above date: Office of the Registrar of Titles Hennepin County, Minnesota Michael H,Cunniff, Registrar of Titles TransiD 333427 Deputy 55 New cert Cart Fees 1194756 $1.50 AF 764599 $10,50 STATEFEE $54.00 TDOCFEE , • , ' ,i _ ' • $0.00 TSUR $2.00 COPY • $68.00Total • • • • • • • • • Form No. 1-M - WARRANTY DEED Individual(s)to Individuals) DEED TAX DUE: $3,162.00 • • Date: November 30,2005 FOR VALUABLE CONSIDERATION, Barbara C. Turner, a single person, Grantor, hereby conveys and warrants to Elmer R. Salovich, Grantee,real property in Hennepin County,Minnesota,described as follows: Lot 10, Block 1,The Cove,Hennepin County,Minnesota, Together with a non-exclusive easement over the Southeasterly 20 feet of Lot 8, Block 1, The Cove, for the purpose of access to Bryant's Long Lake and for the purpose of maintaining a boat dock on the shore thereof. PIN: 02-116-22-33-0002 • together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: Covenants, conditions, restrictions and easements of record, if any checic box if applicable: ❑The Seller certifies that the seller does not know of any wells on the described real property 0 A well disclosure certificate accompanies this document. ❑I am familiar with the property described in this instrument and I certify that the status and nunn)r€f vt011s on the described real property have not changed since the last previously filed well disclosure certificate. rr-- Barbara C.Turner Affix Deed Tax Stamp Here STATE OF MINNESOTA • sr. COUNTY OF HENNEPIN The instrument was acknowledged before me on November 30,2005,by e arbara C. 'urner,a sing person. NOTARIAL STAMP OR SEAL(OR OTHER TITLE OR RANK): > ,/`"'G/ 7. Gt A' OF NOT `'Y PUBLIC OR OTHER OFF IAL r1` ` JAMES A. LUNDBERG t i�"' q�'`1 ,t NOTARY PUBLIC-MINNESOTA r heck here if part or all of the land is Regis red(Torre s)El v- Al My Cl>tnmlosion 6cplroa Jan,31,20it1 ` Tax Statements for the real property described in this instrument should be sent to(include name and address of Grantee): THIS INSTRUMENT WAS DRAFTED BY(NAME AND ADDRESS): Q_� �� International Closing Services, Inc. Elmer R.Salovich I! P�f e- 6600 France Avenue South,Suite 640 1�551 B1i�ele��7. � j� �� Edina,Minnesota 55435 arm- ir-i$-1s4inneseta 55344 cv File No.:57743 � � /2 J STAFF REPORT TO: Planning Commission FROM: Regina Herron,Planner I THROUGH: Scott Kipp, Senior Planner DATE: March 10,2006 SUBJECT: ERS Estates APPLICANT/ OWNER: ERS Development,LLC LOCATION: 12551 Beach Circle REQUEST: 1. Preliminary Plat of 1.33 acres into two lots • { } Staff Report—ERS EstL s 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. SHORELANI) 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 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 water 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. • GREGERSON, ROSOW, JOHNSON & NILAN, LTD. ATTORNEYS AT LAW DAVID H.GREGERSON* 100 WASHINGTON AVENUE SOUTH ROBERT I.LANG(1922-2012) RICHARD F.ROSOW+ SUITE 1550 ROGER A.PAULY(RETIRED) MARK J.JO HNSON*t N MINNEAPOLIS,MINNESOTA 55401 JOSEPH A. ILANLAN*j' #Also admitted in Illinois DANIEL R.GREGERSON* TELEPHONE:(612)338-0755 *Also admitted in Wisconsin JOSHUA A.DOROTHY!' FAX:(612)349-6718 tAlso admitted in North Dakota SARAH E.SCHWARZHOFF WWW,GRJN.COM +MSBA Board Certified Real Property Specialist DANIEL A.ELLERBROCK# JENNIFER M.SPALDING T.JAMES POWER Writer's Direct Dial:612-436-7477 MARGARET L.EvavoLD* Writer's E-mail:rrosow@grjn.com JACOB T.MERKEL 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. 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 1] 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. 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 nonconforming 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 for 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 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 discontinuance of the nonconforming use for a period of more than a year. Very truly yours, GREGERSON, ROSOW, JOHNSON&NILAN, LTD. Richard F. Rosow RFR Area Location Map - ERS Development LLC Site Addresses: 12530 and12551 Beach Circle, Eden Prairie, MN Bryant Lake Beach Road 0 12530 J Beach Circle / 12551 Parcel Created 2006Mini 494 II A , 0 ., 200 400 Feet I 1 1 1 I I I I STATEMENT OF DR. ELMER SALOVICH 1. I am the sole owner of ERS Development, which is the sole owner of 12551 Beach Circle, which is legally described as Lot 2,Block 1 ERS Estates. 2. I purchased Lot 10,Block 1,The Cove,including the home located at 12551 Beach Circle, in 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. I subsequently began renovating the home, which was uninhabitable when I acquired Lot 10. This 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 1, 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. The 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. To date I have not been able to sell Lot I, Block 1, ERS Estates, which does not have any access or dock rights to the lake. 9. I have also been unable to sell Lot 2, Block 1, 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 right 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 I purchased Lot 10. Block 1, The Cove, in 2005.. I did so on reliance on the lake access and dock rights granted by the deed. 11. When I invested an additional $1,198,662 in the property to renovate the home, I 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 fall. 13. I have never intended to abandon or give up the rights to access or maintain a dock on the lake, which are 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. I would never have incurred the cost of this renovation unless I 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 Julie Klima From: Bruce Paradis Sent: Friday, November 25, 2016 4:04 PM To: Julie Klima Subject: RE: Bryant Lake Easement Julie, Greetings. We just received the notice from the City regarding the Zoning Appeal scheduled for Dec 12, and I plan to attend. We strongly encourage the Board to uphold your original decision... 'the use of a 2nd dock at 12530 Beach Circle (my residence) is no longer protected as a non-conforming use'. No dock or lift has been in use since 12551 Beach Circle was sold to ERS Development, 10 years ago. The non-exclusive easement for this dock is shared with the 12550 Beach Circle property.This property owner also abandoned the use of a dock 10 years ago. We recently purchased this foreclosed property, and as the owner of this affected property, We would also encourage the Board to uphold the original staff decision. Please share this with the Board. If I can assist further, please ask. Thank you, Bruce and Lisa Paradis 12530 Beach Circle Eden Prairie, MN 55344 1 STAFF REPORT: TO: Planning Commission FROM: Julie Klima, City Planner DATE: January 4, 2017 SUBJECT: Appeal of Staff Determination regarding non-conforming use status BACKGROUND At the December 12, 2016 meeting, the Commission, acting as the Board of Adjustment and Appeals, held a public meeting on an appeal of staff determination. The staff determination was that a dock located at 12530 Beach Circle serving property at 12551 Beach Circle had lost its non-conforming use status. After hearing information presented by staff, the appellant, and nearby property owners, the Commission voted to direct staff to prepare findings and an order upholding staff's determination. Findings of fact, conclusions and order have been prepared consistent with the Commission's direction and are attached for the Commission's consideration. Also attached is a communication from the City Attorney to the Planning Commission regarding Commission members that were absent from the December 12 meeting and voting on the draft findings. STAFF RECOMMENDATION Staff recommends that the Commission approves Final Order#2016-18 upholding the staff determination. ATTACHMENTS 1. Final Order#2016-18 including findings of fact and conclusions 2. City Attorney Memo concerning Voting on Findings When Absent from Prior Meeting 3. Letter from Peter Beck, representing the Property Owner g:\planning\projects\active files\boa-zoning appeal 12551 beach cir\staff report 1.04.17.docx 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 2, 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 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 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. 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 MEMORANDUM TO: Planning Commission FROM: Richard Rosow, City Attorney DATE: December 16, 2016 RE: Voting on Findings When Absent from Prior Meeting Our File No.: 1610.658 On December 12, 2016, the Planning Commission, acting as the Board of Adjustment and Appeals, held a public hearing and voted to adopt a motion directing staff to prepare findings in support of its determination that ERS Estates discontinued a nonconforming use. At the next meeting on January 9, staff will present the findings to the Commission for approval. Only 5 of the 9 members of the Planning Commission were present for the December 12 meeting. The question is whether those commissioners who were absent on December 12 may vote on the findings at the next meeting. Minnesota law gives public bodies the power to regulate their own meeting procedure. Minn. Stat. § 412.191, subd. 2. Under the City Code, Commission meetings are to be governed by the open meeting law and Robert's Rules of Order, a widely used manual on parliamentary procedure. City Code § 2.22, subd. 7. The Minnesota Court of Appeals approved the participation of an initially absent council member in later reconsideration of a vote on a subdivision and site plan review. Chanhassen Estates Resident's Ass'n v. City of Chanhassen, 342 N.W.2d 335 (Minn. 1984). McDonald's applied for these approvals which did not require a public hearing before the City Council. A motion to approve failed on a 2-2 vote, with one member absent. At the next meeting the member who was absent from the prior meeting, moved to reconsider the McDonald's application at a subsequent meeting. At the subsequent meeting the motion to approve the application passed by a three to two vote. The Court considered the propriety of the Council's reconsideration. The issue here was whether the motion should have been reconsideration or waiver of rules. The Court refused to exalt form over substance and did not disqualify or even question the absent member's voting at the either of the two subsequent meetings. Robert's Rules of Order addresses voting in the context of providing that a member may vote to approve the minutes of a prior meeting even if the member was absent from the prior meeting. Based on these authorities, it is my opinion that commission members who were absent from the December 12 meeting may vote on the findings presented on January 9, 2017. I recommend that the absent members review the materials presented and watch the recording of the December 12th meeting prior to the January 9th meeting. BECK LAW OFFICE I Peter K Beck 4748 Sheridan Ave.5. Attorney at L a w 612-991-135C1 Minneapolis,MN 56410 peter@peterbecklaw.vom January 5, 2017 Planning Commission City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Re: ERS Estates Lake Access and Dock Rights Dear Planning Commissioners: This letter is to follow up on the December 12, 2016, hearing before the Planning Commission on the appeal of Dr. Elmer Salovich from a staff determination that the deeded right of Lot 2,Block 1 ERS Estates to place a dock on Bryant Lake has been taken by the City- We will focus on the following three issues which came up at the December 12, 2016, Planning Commission hearing on Dr. Salovich's appeal: (1) Whether Dr. Salovich undertook the appropriate due diligence following the acquisition of his property; (2) Whether Dr. Salovich ever discontinued use of the dock on his property; and (3) Whether the City can or should take this property right from Dr. Salovich. (1) Due Diligence During the December 12, 2016, hearing, the Planning Commission Chair and other Commissioners stated and/or implied that Dr. Salovich's "unfortunate" circumstances regarding the dock are the result of his failure to do his due diligence when acquiring the property. We think it important to clarify the due diligence that Dr. Salovich did undertake,and the failure of the City to advise him,despite several opportunities to do so,that the City was about to take his dock rights. At the December 12, 2016, hearing, the City Attorney advised the Planning Commission that the City amended its nonconforming use ordinance in September 2005 to eliminate a requirement that the City show an intent to abandon a nonconforming use right before taking that right. Dr. Salovich acquired his property in November 2005. The property he acquired included "a nonexclusive easement. . . for the purpose of access to Bryant's Long Lake and for the purpose of maintaining a boat dock on the shore thereof." Dr. Salovich testified, in paragraph 3 of his statement(attached) and his testimony to the Planning Commission,that after be acquired the property in November of 2005, he met with the Planning Commission City of Eden Prairie January 5, 2017 Page 2 City regarding his plans to renovate the home on the property. He asked specifically about the dock and the size of the dock allowed. He was told by City staff that the property had the same dock rights and requirements as any other property on the lake and that he should return when he was finished with his renovation of the property and knew what he wanted to do with respect to the dock. He was not told about the ordinance amendment adopted two months earlier that would take his right to a dock if he did not continuously keep a dock on the property. Approximately two months later, in early 2006, Dr. Salovich applied to subdivide the property he had acquired. City staff supported this request, noting that the property had an easement to the lake and a dock and that, "the use of this dock may continue." There was no mention in the staff report, and no mention to Dr. Salovich at the time, that the dock right recognized in the staff report would be taken by the City if a dock was not continuously kept on the property. In fact,despite Dr. Salavich's direct inquiry at the time he acquired the property,the City's knowledge that he intended to renovate the property,and the City's opportunity to note in its 2006 staff report that the dock rights recognized in that staff report would terminate if a dock was not continuously kept on the property, Dr_ Salovich was not advised for another 10 years, in 2016,of the City's position that the 2005 ordinance had taken his deeded dock rights. The City Attorney's position is that Dr_ Salovich had notice of the 2005 ordinance amendment because the ordinance was amended two months before he purchased the property and he is charged with knowledge of that amendment. To be clear, Dr. Salovich had no actual notice of the ordinance amendment. This is not like a rezoning or other land use approval where there is a mailed note to the affected property owners. The only "notice" was a published notice in the City newspaper. What Dr. Salovich did do was meet with the City to specifically ask about the dock. He was told the requirements for the dock were the same as for any other dock. He was not told he would lose his rights to a dock if he did not continuously keep a dock on the easement while the home was vacant and being renovated. The question is, what more could or should Dr. Salovich have done. He specifically asked City staff a question and was not told of the recently-adopted ordinance amendment and its impact on his dock rights. We believe Dr. Salovich did do his due diligence and that the City did have a duty, if not when Dr. Salovich inquired about the dock rights after acquiring the property,then certainly when the City recognized his dock rights in the March 10, 2006, staff report, to tell him of the recent ordinance amendment which would take his property rights away if he did not continuously keep a dock on the property while the property was unoccupied and undergoing renovation. (2) Discontinuance Dr. Salovich not only never intended to abandon or discontinue his dock rights, he did, in fact,not discontinue his dock rights. Planning Commission City of Eden Prairie January 5, 2017 Page 3 During the December 12, 2016, Public Hearing the City Attorney advised the Planning Commission that if there had been a dock on the shore at any time that would have been use of a dock. There is no dispute that there was a dock on the property when Dr, Salovich acquired the property. There is also no dispute that Dr. Salovich did not remove the dock and therefore never discontinued the use. A third party, Mr. Paradise,who now seeks to have Dr. Salovich prevented from replacing the dock, removed the dock. Dr. Salovich did not remove the dock and did not discontinue the use. (3) Taking The City amended its nonconforming use ordinance in 2005 to make it easier for the City to take private property rights, by eliminating the requirement that the City show an intent to abandon a property right before the City takes that right. The results of this amendment can be dramatic--even more dramatic than they are in Dr. Salovich's case. For example, if the owner of a duplex that was legally constructed in an area subsequently rezoned to single family uses only were to spend more than 365 days to remodel and re-rent his second unit, or if it simply takes a year to find a new tenant, the second unit will be taken by the City. This is exactly what happened to Dr. Salovich. As much as one-half the value of his property has been taken because his neighbor took his dock and Dr. Salovich did not replace it while he was renovating his property and it was unoccupied. We do not believe this result is reasonable or constitutional. Even if the City can take property rights under these circumstances, it should not. More importantly, if the City does take this property right, it will have to compensate the property owner for taking that right. The Planning Commission used terms like "unfortunate circumstances" regarding Dr. Salovich's situation. We believe it is worse than that. What the City is attempting to do to Dr. Salovich represents government at its worst. The City is taking as much as one-half the value of Dr. Salovich's a property on the grounds of an obscure ordinance that the City could have, on at least two occasions,advised Dr. Salovich about,but did not. Instead of telling Dr. Salovich that his dock rights were at risk,the City continued to issue building permits as Dr. Salovich invested over$1 million in the property in reliance on the dock rights recognized by the City in 2006. As Dr. Salovich testified in paragraph 15 of his statement, this money would not have been spent if he did not have the right to a dock, For these reasons, we request that the Planning Commission reject the proposed resolution denying Dr. Salovich's appeal, grant the appeal and protect his property rights. Planning Commission City of Eden Prairie January 5,20I7 Page 4 Very truly yours, PETER K. BECK ATTORNEY AT LAW PLLC By: L Peter K. Beck PKB:tk cc: Dr. Elmer Salovich, ERS Development LLC Attachment: STATEMENT OF DR. ELMER SALOVICH STATEMENT OF DR. ELMER SALOVICH I. I am the sole owner of ERS Development, which is the sole owner of 12551 Beach Circle, which is legally described as Lot 2, Block 1 ERS Estates. 2. I purchased Lot 10, Block 1,The Cove,including the home located at 12551 Beach Circle, in 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. I subsequently began renovating the home, which was uninhabitable when I acquired Lot 10. This 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 1, 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, 1 subdivided Lot 10, Block I, The Cove, into two parcels, Lot 1 and Lot 2, Block I, 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. The 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 eight 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. To 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. I have also been unable to sell Lot 2, Block 1, 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 right 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 I purchased Lot 10, Block 1, The Cove, in 2005, I did so on reliance on the lake access and dock rights granted by the deed. 11. When I invested an additional $1,198,662 in the property to renovate the home, I 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 fall. 7 13. I have never intended to abandon or give up the rights to access or maintain a dock on the lake, which are 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. I would never have incurred the cost of this renovation unless I had been assured,by the deed of the property and the 2006 staff report at the time I subdivided the properly, that I have the right to access the lake and maintain a dock. Elmer Salovich, M.D. 3 From: Julie Klima To: Julie Klima Subject: Bryant Lake Easement Date: Tuesday, February 07,2017 8:06:17 AM From: Bruce Paradis [mailto:b@bruceparadis.com] Sent: Monday, February 06, 2017 5:32 PM To: Julie Klima Cc: Bob Carlson Subject: Fwd: Bryant Lake Easement Julie, Please pass on the email below to the City Council. Thanks, Bruce Julie, Thank you for keeping us up-to-date on this issue. Please share this with the City Council, as they consider the appeal regarding the Bryant Lake dock easement. We are the Paradis and Carlson families, the adjacent property owners and most affected this nonconforming dock decision. 1 . We fully support the decision by the planning staff to not allow the nonconforming dock on our Bryant Lake property. 2. Dr Salovich has not placed a dock or lift on Bryant Lake since he purchased the property. No one has used the dock easement during this time. 3. Two properties (12551 , 12550 Beach Circle) have had a nonexclusive easement for this dock. Neither property has placed a dock for over 10 years. If this nonconforming use is reinstated, both properties would be entitled to a dock on this 20 feet of shoreline easement. 4. Paradis recently purchased 12550 Beach Circle which holds this dock easement, and we fully support the City decision to not allow this nonconforming use. 5. When Dr Salovich purchased the 12551 property (10+ years ago), he subdivided it and claimed an additional dock easement for the second lot. Paradis and Carlson disputed this, due to its negative affect on the value of our properties. We settled this dispute by paying Dr Salovich considerable dollars to eliminate the additional easement. 6. If the City reinstates this nonconforming dock, following the clear nonuse, both Carlson and Paradis properties will be substantially and negatively affected, by the congestion of docks, lifts, and boats on our shoreline. We would pursue the necessary remedies. 7. We understand that Dr Salovich's investment in this property has been a burden, but he speculated on this property, at the top of the real estate market with the intention of subdividing and multiplying the value. He is experiencing the risk of real estate speculation. 8. Dr Salovich has not been a good steward of this investment. Not only was the dock easement unused, but the home was also abandoned and in disrepair and 'under construction' for over a decade. This property has been a bane to the neighborhood. We will be unable to attend the council meeting, but if you have any questions of us, please ask. We respectfully request that the City Council uphold the staff decision. Thank you, Bruce & Lisa Paradis Robert & Virginia Carlson Sent from my Galaxy Tab® S2 BECK LAW OFFICE Peter K Beck 4746 Sheridan Ave.s. Attorney at Law 612-991-1350 Minneapolis,MIST 55410 peter§peterbecklaw.cam February 8,2017 Mayor Nancy Tyra-Lukens and Members of the City Council City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Appeal of Dr. Elmer Salovich from Final Order of Planning Commission Dear Mayor Tyra-Lukens and Council Members: This letter is written on behalf of Dr. Elmer Salovich, sole owner of ERS Development, which is the owner of the property located at 12551 Beach Circle and described as Lot 2, Block 1 ERS Estates (the "Property"). This letter is written in support of Dr.Salovich's appeal from the Final Order of the Planning Commission denying Dr. Salovich's appeal from a determination by City Staff that his deeded right to maintain a dock on the shore of Bryant Lake has been taken by operation of the Eden Prairie City Code. We have submitted earlier letters to the Planning Commission (dated October 11, 2016, and January 5,2017) and a Statement of Dr. Salovich that was included with the January 5,2017, letter. This letter and the attached Statement of Dr. Salovich dated February 8,2017,repeat much of the information included in the earlier letters and Statement, but also discuss information and issues which arose in the course of the Planning Commission hearings. It might be helpful to read Dr. Salovich's attached Statement before reading this letter, so that you have a factual background for the issues discussed in this letter. Final Order of the Planning Commission We will begin by rioting our objections and responses to the Conclusions set forth in the Final Order of the Planning Commission, as follows: (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. Response: The right to maintain a dock on Lot 8,Block 1,The Cove,for the benefit of what became Lot 2, Block 1, ERS Estates, was granted by the March 19, 1965, Deed from Thompson and Scroggins,Inc.to Curtis B. and Barbara C.Turner. The right to have two(or more)docks on Lot 8 was a permitted use at that time,became a legal nonconforming use when the City Code was amended to provide that only one dock is permitted per lot, and remains a legal nonconforming use today. Mayor Nancy Tyra-Lukens and Members of the City Council Commission City of Eden Prairie February 8,2017 Page 2 (b) The Petitioner admits that he ceased the use of a dock on Lot 8,Block I, The Cove, for the benefit of Lot 2,Block 1, ERS Estates,from 2006 until the present. Response: Dr. Salovich has stated that he did not roll his dock in and out of lake each year while he was rehabilitating the home on his tot and the home was unoccupied. He has not admitted that he discontinued his use of a dock on Lot 8. (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. 1(e) and City Code Section 11.75 for lack of use and occupancy for over one year. Response: The legal nonconforming use at issue is not the right to the use of a dock on Lot 8, Block 1, The Cove, for the benefit of Lot 2, Block 1, ERS Estates. The legal nonconforming use at issue is the right to have two docks on Lot 8. The right to use two docks on Lot 8 has not been discontinued and cannot be terminated. (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. Response: Whether a use has been discontinued involves many factors, including whether there was an intent to discontinue the use. Background Dr. Salovich's 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 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 Dr. Salovich acquired Lot 10, Block 1, The Cove, from Ms. Turner, his sister-in-law, on November 30,2005. The deed from Ms. Turner 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, Dr. Salovich 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 recognized the right to access and place a dock on the lake, with the following language: Mayor Nancy Tyra-Lukens and Members of the City Council Commission City of Eden Prairie February 8,2017 Page 3 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 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,Dr. Salovich 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,Block I to access the lake via the existing 20-foot easement and place a dock on the lake. Dr. Salovich purchased Lot 10,Block 1,The Cove for$952,937. He subsequently invested $1.192,662 to subdivide Lot 10 and to rehabilitate the then dilapidated home on what became Lot 2, Block 1 ERS Estates. The purchase price he paid, and the amount he invested in the subdivision and rehabilitation,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. The City Attorney and Planning Staff have determined that the City has taken this deeded right to place a dock on the lake,through the following analysis: • Sometime after the platting of The Cove and the sale of Lot 10,Block 1 to the Turners in 1964 and 1965,the City Code was amended to provide that only one dock is allowed per abutting lot on the lake. Until that Code amendment. there was no limit on the number of docks per lot. • Because Dr. Salovich's easement to access and place a dock on the lake runs over a portion of Lot 8, Block 1, The Cove, if the owner of Lot 8 and the holder of the easement over Lot 8 both install docks,the result is two docks on one lot. • The right to have two docks on Lot 8 became a legal nonconforming use when the City Code was amended, and remained a legal nonconforming use when Dr. Salovich acquired the Property in 2005, and was still a legal nonconforming use when he subdivided Lot 10 in March 2006. • Until September 2005, two months before Dr. Salovich purchased Lot 10, the right to maintain two docks on Lot 8 could only have been terminated by the City if one of the dock owners had specifically intended to abandon the right to a dock. • However, in September 2005, the City amended its City Code once again,this time to give the City the right to take nonconforming use property rights,even if the owner has no intent to abandon that right,merely due to discontinuance of the use for one year. Mayor Nancy Tyra-Lukens and Members of the City Council Commission City of Eden Prairie February 8, 2017 Page 4 • The Staff determination is that: (1)because Dr. Salovich did not place his dock in the lake during the years that the home he was rehabilitating was unoccupied,the right to maintain two docks on Lot 8 has been taken by the City; and (2)that Dr. Salovich's dock is the dock that no longer has a right to be on Lot 8,notwithstanding the deeded right of Lot 10 to have a dock on Lot 8. We believe this analysis is wrong on the law and puts the City at significant risk of liability to Dr. Salovich for taking his right to place a dock on the lake. Dr. Salovich did everything he could be expected to do to protect his right to place a dock on the lake and, in fact, never did discontinue his use of the easement area to maintain a dock on the shore of the lake. Furthermore, there is no basis for the Staff conclusion that if there is no Ionger a right to two docks on Lot 8, Dr. Salovich's deeded right to a dock on Lot 8 will be taken rather than the right of the owner of Lot 8 to a second dock. (1) T� The City amended its nonconforming use ordinance in September 2005 to make it easier for the City to take private property rights, by eliminating the requirement that the City show an intent to abandon a property right before the City takes that right. The results of this amendment can be dramatic—even more dramatic than they are in Dr. Salovich's case, For example,under the Staff analysis,if the owner of a duplex that was legally constructed in an area subsequently rezoned to single family uses were to spend more than 365 days to remodel and re-rent his second unit,or if it simply takes a year to find a new tenant,the right to the second unit will be taken by the City. This result is not reasonable nor constitutional. Not having a tenant in the second unit of a duplex while it is being remodeled and/or re-rented is not a discontinuance of the duplex use. Nor is not rolling a dock in and out of the lake each season while the home on the lot is being rehabilitated and is unoccupied a discontinuance of the use of the dock. Even if the City can take property rights under these circumstances,it should not. The City is taking a substantial portion of the value of Dr. Salovich's property on the grounds of an obscure ordinance that the City could have, on at least two occasions, advised Dr. Salovich about, but did not. Instead of telling Dr_ Salovich that his dock rights were at risk, the City continued to issue building permits as Dr. Salovich invested over $1 million in the rehabilitation of the home in reliance on the dock rights recognized by the City in 2006. This money would not have been spent if Dr. Salovich had been told that his right to a dock had been taken. If the City does take such an important property right under these circumstances, it will have to compensate the property owner for taking that right. (2) Due Diligence During the Planning Commission hearings, several Commissioners stated and/or implied that Dr. Salovich's "unfortunate" circumstances regarding the dock are the result of his failure to do his due diligence when acquiring the property. We think it important to clarify the due diligence Mayor Nancy Tyra-Lukens and Members of the City Council Commission City of Eden Prairie February 8, 2017 Page 5 that Dr. Salovich did undertake, and the failure of the City to advise him, despite several opportunities to do so,that the City was about to take his dock rights. The City amended its nonconforming use ordinance in September 2005 to eliminate the requirement that the City show an intent to abandon a nonconforming use right before taking that right. Dr. Salovich acquired his property in November 2005. He met with the City in December 2005 to determine the size requirements and any other requirements to replace the then-existing dock. He told City Staff that no one would be using the dock until the house was rehabilitated,but that he wanted to know the requirements for the dock. The female City Staff member told him that she wanted"to check this with someone else." She went to check, and when she came back, she told him that he had"the same dock rights as any other property owner on the lake and that he should return when he wanted to put in the dock and they would help him. He was not told about the ordinance amendment adopted just two months earlier that would take his right to a dock if he did not continuously keep a dock on the property. Approximately two months later, in early 2006, Dr. Salovich applied to subdivide the property he had acquired. City Staff supported this request, noting that the property had an easement to the lake and a dock and that, "the use of this dock may continue." There was no mention in the Staff report, and no mention to Dr, Salovich at the time, that the dock right recognized in the Staff report would be taken by the City if a dock was not continuously kept on the property and used. In fact,despite Dr. Salovich's direct inquiry in December 2005,the City's knowledge that he intended to rehabilitate the property, and the City's opportunity to note in its 2006 Staff report that the dock rights recognized in that Staff report would terminate if a dock was not continuously kept on the property,Dr. Salovich was not advised for another 10 years of the City's position that the September 2005 code amendment had taken his deeded dock rights. The City's position is that Dr. Salovich had notice of the 2005 City Code amendment because the ordinance amendment was published as required by law and he is charged with knowledge of that amendment. However,Dr. Salovich, like most citizens,does not read the legal notices regarding recently adopted City Code amendments. What he does do, and what he did do, is ask the City. He asked the City about the dock, and he was told to come back when he was ready to replace the dock. He was not told he would lose his deeded dock rights if he did not continuously keep a dock on the easement while the home was vacant and being renovated. The question is,what more could or should Dr. Salovich have done. We believe Dr. Salovich did do his due diligence and that the City did have a duty, if not when Dr. Salovich inquired about the dock rights after acquiring the property,then certainly when the City recognized his dock rights in the March 10, 2006, Staff report, to tell him of the recent Code amendment which would take this property right away if he did not continuously use a dock on the property, even while the property was unoccupied and undergoing rehabilitation. Mayor Nancy Tyra-Lukens and Members of the City Council Commission City of Eden Prairie February 8, 2017 Page 6 We are not saying the City has an obligation every time an ordinance is adopted to identify and notify every property owner potentially affected by that ordinance. We are saying, if a property owner specifically asks about the right to reestablish a use and that right is affected by a recently-adopted ordinance, Staff should advise the property owner of the new ordinance and that it could affect his property rights. In this case, if Dr. Salovich had been told either when he met with Staff in December of 2005 to inquire about the dock,or in March 2006 when the subdivided the Property,that he would need to put the dock in every year in order to protect his right to do so, he would have. No matter how silly it would be to put a dock in when there is no one living at the Property to use it, he would have done so because the property right to that dock is too valuable to give up. We are also not saying or suggesting that City Staff intentionally misled Dr. Salovich. Staff probably did not realize the potential impact of the new ordinance on Dr. Salovich's dock,just like Dr. Salovich did not. No one could be expected to know this. It was ten years later before the City Attorney did the analysis and came to this conclusion. Dr. Salovich did his due diligence. He met with the City and he asked about the dock. If Dr. Salovich had been advised of the new ordinance, either in December 2005 when met the Staff after he purchased the Property,or in March 2006 at the time he was subdividing the Property, he would have placed dock in the lake each season and we would not be here. (3) Discontinuance The Staff determination and the Planning Commission order depend entirely on a finding that Dr. Salovich discontinued use of the dock on the easement. We do not believe the facts or the law support this finding. The facts are that the Turners' dock was on the easement area when Dr. Salovich acquired the Property from them. Both Dr. Salovich and Mr. Paradise have so testified. Mr. Paradise testified that the dock was in the lake. Although Dr. Salovich did not put the dock in the water each year when the house was unoccupied,he never discontinued his use of the easement area for the dock. Mr.Paradise,who now seeks to have Dr. Salovich prevented from replacing the dock, removed the dock. Dr. Salovich did not remove the dock and did not discontinue the use. With respect to the law, as pointed out above, not having a tenant in a duplex while it is being remodeled and/or re-rented is not a discontinuance of the duplex use. Nor is not putting a dock in and out of the lake each season while the home on the lot is being rehabilitated and is unoccupied a discontinuance of the use of the dock. As another example, if an elderly property owner, such as Ms. Turner, had been unable, due to health or mobility issues,to use the dock for one season, would the City declare the use discontinued and take the right to a dock,and hundreds of thousands of dollars of property value from that person? There was no discontinuance of use. Mayor Nancy Tyra-Lukens and Members of the City Council Commission City of Eden Prairie February 8, 2017 Page 7 (4) The Deeded Right to a Dock Finally, City Code Section 9.60, Subd. 11(B)(3), and Section 9.60, Subd. 11(1) provide that: "Only one dock is allowed per abutting lot." Neither of these sections, nor any other section of the City Code, provides any guidance with respect to the question of which dock will be allowed to remain on a lot which has two docks. Nor is there any ordinance provision which prohibits or assigns second class status to docks located on easements. In this case.the owner of Lot 8,Block 1,The Cove,deeded to the owner of Lot 10 the right to maintain a dock in the easement area on the shore of Lot 8. At that time, 1965, there was no restriction on the number of docks on Lot 8, and the owners of both Lot 8 and Lot 10 could have a dock on Lot 8. The City now says that the right to have two docks on Lot 8 has been taken,in part because the owner of Lot 8 removed the owner of Lot 10's dock. If Lot 8 can only have one dock,the 1965 deed provides that the right to that dock has been conveyed to the owner of Lot 10. The City has no right to supersede the 1965 deed and determine that Dr. Salovich's dock is the dock that cannot remain on Lot 8. If the City Code is applied to allow only one dock on Lot 8,the right to that dock has been deeded to the owner of Lot 10,Dr. Salovich. The City cannot prevent Dr. Salovich from exercising that right and placing a dock in the easement area. Conclusion For these reasons, we request that the City Council find that Dr. Salovich has not discontinued his use of a dock in the easement area; find that the right to maintain two docks on Lot 8 remains;reverse the Planning Commission's Final Order;and grant Dr. Salovich's appeal to protect both his property rights and those of his neighbor on Lot 8, and his more than $2,000,000 investment in the City of Eden Prairie_ Very truly yours. PETER K. BECK ATTORNEY AT LAW PLLC By: Peter K. Beck PKB:tk Attachment: February 8, 20117, Statement of Dr. Elmer Salovich cc: Dr. Elmer Salovich, ERS Development LLC FEBRUARY 8, 2017, STATEMENT OF DR. ELMER SALOVICH 1. I am the sole owner of ERS Development, which is the sole owner of 12551 Beach Circle,which is legally described as Lot 2,Block 1 ERS Estates. 2. I purchased Lot 10,Block 1,The Cove,including the home located at 12551 Beach Circle, on November 30, 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_ When I purchased Lot 10,the home on the lot was dilapidated and uninhabitable. $950,000 seemed like a lot for an uninhabitable home, but I was advised by the realtor that the high price was because the lot had dock access, which increased the price of the property by hundreds of thousands of dollars. I would not have purchased this property if it did not have the right to maintain a dock on the lake, 4. At the time of my purchase, I walked down the easement to the lake and saw the dock on the shore in the easement area. I have had no reason since purchasing the property to walk down the easement area and only recently became aware that the dock was no longer on the shore in the easement area. Until Mr. Paradise testified at the Planning Commission Meeting that he removed the dock, I was not aware of what happened to it. 5. I purchased the property from Barbara Turner,my wife's sister, in 2005. She and her husband bought the Property in 1965 and raised their family in the home. They are both dead now. 6. Following Mr. Paradise's testimony at the Planning Commission regarding the dock, I contacted my Ms. Turner's daughter, Katherine Dwyer,who grew up on the property and visited it many times after she moved out,to ask about the dock. 7. Ms. Dwyer informed me that the dock was a high-quality metal and composite dock with wheels, that it was rolled in and out of the lake each season, and that it was stored on the shore in the off season. Because her father was a handyman,the dock was always well maintained. 8. Ms. Dwyer also informed me that her parents had difficulty with Mr. Paradise, who objected to their use of the easement and at one time placed boulders in the easement area to interfere with their access to the lake. It is her understanding that the City got involved and required Mr.Paradise to remove the boulders. 9_ Because I was aware of the importance of the lake access and dock rights to the value of the property, 1 went to the City in December 2005 to talk to City Staff to determine the size requirements and any other requirements to replace the then-existing dock. I explained to the employee at the counter that my chief concern at that time was to rehabilitate the house, and that no one would be using the dock until the house was rehabilitated, but that 1 wanted to know the requirements for the dock. 10. The female staff member at the counter told me that she wanted "to check with someone else." She went to check, and when she came back, she told me that I would have"the same dock rights as any other property owner on the lake"and that when 1 decided to put the dock in I should come back if I had any questions and they would help me. 11. Neither employee said anything about the dock being a nonconforming use, nor that a recently-adopted City Ordinance Amendment would require me to put the dock in the lake every year to preserve my dock rights. 12_ I do not and never have lived in Eden Prairie and would not know where to look for legal notices regarding recently-adopted City Ordinances_ Even if I did, I did not know that my deeded right to put a dock on the lake was considered a nonconforming use. The City Staff 7 members I met with did not mention that. Therefore,I would have had no way of knowing that an amendment to the nonconforming use ordinance would affect my deeded right to a dock. 13. I began rehabilitating the home in 2006_ The rehabilitation project took much longer than expected, nearly ten years, for a number of reasons. The original architect for the rehabilitation prepared plans which 1 did not find acceptable. I had to find another architect, who had to prepare a new set of plans. The original contractor that I engaged sublet the project to a third party who did terrible work and did not complete the project. It took additional time to find a new contractor and it took that contractor another couple years and several hundred thousand dollars to complete the project. In addition, several years ago I was diagnosed with cancer, for which I continue to be treated,which made it impossible for me to oversee the project on a regular basis. The final cost for the rehabilitation ended up being $1,198,662, for a total investment in Lot 10, Block 1, The Cove,to date, of over$2,150,000. 14. To recover some of my costs for acquisition of the Property and rehabilitation of the home,I subdivided Lot 10,Block 1,The Cove,into two parcels.Lot 1 and Lot 2,Block I. ERS Estates. The March 2006 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. The proposed second lot is not entitled to an additional dock on the lake. 15. No one from the City told me, in connection with the 2006 subdivision request or at any time since then, that in order to maintain the dock rights recognized in the staff report it would be necessary to put a dock in the lake each year, beginning that year, even though the property was vacant. If I had been told that this was the case,I would have rolled the dock in and out of the lake each year to protect the dock rights_ 3 16. 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. 17. To 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. 18. I 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 right 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. 19. When I purchased Lot 10, Block 1, The Cove, in 2005, I did so on reliance on the lake access and dock rights granted by the deed. 20. When I invested an additional $1,198,662 in the property to rehabilitate the home, I 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. 21. Rehabilitation 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 put a dock in and out each spring and fall. 22. I have never intended to abandon or give up the rights to access or maintain a dock on the lake,which are property rights granted in my deed and confirmed by the City in 2006. 23_ 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. 4 24. I believe that my rehabilitation of what was a dilapidated home on the property at 12551 Beach Circle has improved the neighborhood significantly. I would never have incurred the cost of this rehabilitation unless I had been assured, by the deed to the property and the 2006 staff report at the time I subdivided the property, that 1 have the right to access the lake and maintain a dock. February 8, 2017 - Elmer Salovich, M.D. 5