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HomeMy WebLinkAboutCity Council - 03/07/2017 AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,MARCH 7, 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 V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,JANUARY 17, 2017 B. COUNCIL WORKSHOP HELD TUESDAY, FEBRUARY 14, 2017 C. CITY COUNCIL MEETING HELD TUESDAY,FEBRUARY 14, 2017 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. PRESTIGE DAYCARE by Shingobee. Request For Site Plan Review on 3 Acres of Un-Platted Land within 35-acre Parcel of Metropolitan Airports Commission(Mac) Owned Property(Resolution) B. WOODLAND 3RD ADDITION DEVELOPMENT AGREEMENT AMENDMENT by Andrei Osinksy. Amend Development Agreement To Reflect Tree Replacement Requirements. (First Amendment-Woodland 2nd Addition; Second Amendment—Woodland 3rd Addition) C. APPROVE SECOND READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 11, RELATING TO CELL TOWERS AND ANTENNAS AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE CITY COUNCIL AGENDA March 7, 2017 Page 2 D. APPROVE PURCHASE OF FREEMOTION FITNESS EQUIPMENT FOR COMMUNITY CENTER E. AWARD CONTRACT FOR HOLASEK HILLS TENNIS COURT REHABILITATION TO NORTHWEST ASPHALT, INC. F. AWARD CONTRACT FOR OUTDOOR CENTER PLAY EQUIPMENT TO WEBBER RECREATIONAL DESIGN G. AWARD CONTRACT FOR HIDDEN PONDS OUTFIELD FENCING REPLACEMENT H. AWARD CONTRACT FOR RILEY LAKE PARK FENCING OUTFIELD FENCING REPLACEMENT I. AWARD CONTRACT FOR SUPPLY OF BITUMINOUS CRACK SEALANT MATERIAL TO MIDSTATES EQUIPMENT AND SUPPLY J. AWARD CONTRACT FOR STREET SWEEPING TO PEARSON BROS. K. ADOPT RESOLUTION TO RECEIVE FEASIBILITY REPORT AND SET PUBLIC HEARING DATE FOR EDEN PRAIRIE ROAD EXTENSION L. AMEND CONSERVATION EASEMENT OVER LOTS 1 AND 2,BLOCK 1 OF SETTLERS WEST M. APPROVE CONTRACT WITH ADVANCED ENGINEERING AND ENVIRONMENTAL SERVICES, INC. FOR UTILITY RATE ANALYSIS FOR WATER, SANITARY SEWER,AND STORM DRAINAGE N. APPROVE AMENDMENT TO EDEN PRAIRIE FIREFIGHTER RELIEF ASSOCIATION BYLAWS IX. PUBLIC HEARINGS/MEETINGS A. 2017 CDBG FUNDS (Resolution) B. CEDARCREST STABLES by Pemtom Land Company. First Reading Ordinance for Zoning District Change from Rural to R1-13.5 and R1-9.5 on 10.65 acres; Resolution for PUD Concept Review; Resolution for Preliminary Plat of one lot into 17 lots on 10.65 acres. (Ordinance for Zoning District Change; Resolution for PUD Concept Review; Resolution for Preliminary Plat) C. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 11, RELATING TO BUILDING HEIGHT DEFINITION CITY COUNCIL AGENDA March 7, 2017 Page 3 D. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 11, RELATING TO TREE REPLACEMENT X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS A. FIRST AND SECOND READING OF AN ORDINANCE AMENDING CITY CODE SECTION 2.23, SUBD. 3,RELATING TO MEMBERSHIP RANGE FOR CONSERVATION COMMISSION AND HUMAN RIGHTS & DIVERSITY COMMISSION XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. 2017 COMMISSIONS B. 2017 COMMISSION CHAIRS & VICE CHAIRS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Approve RJM Change Order No. 1 For Aquatics Expansion Project E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ANNOTATED AGENDA DATE: March 7, 2017 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, March 7, 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. IV. PROCLAMATIONS/PRESENTATIONS V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda. VI. MINUTES MOTION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY,JANUARY 17, 2017 B. COUNCIL WORKSHOP HELD TUESDAY, FEBRUARY 14, 2017 C. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 14, 2017 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-N on the Consent Calendar. A. PRESTIGE DAYCARE by Shingobee. Request For Site Plan Review on 3 Acres of Un-Platted Land within 35-acre Parcel of Metropolitan Airports Commission (Mac) Owned Property(Resolution) ANNOTATED AGENDA March 7, 2017 Page 2 B. WOODLAND 3RD ADDITION DEVELOPMENT AGREEMENT AMENDMENT by Andrei Osinksy. Amend Development Agreement To Reflect Tree Replacement Requirements. (First Amendment-Woodland 2nd Addition; Second Amendment—Woodland 3rd Addition) C. APPROVE SECOND READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 11, RELATING TO CELL TOWERS AND ANTENNAS AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE D. APPROVE PURCHASE OF FREEMOTION FITNESS EQUIPMENT FOR COMMUNITY CENTER E. AWARD CONTRACT FOR HOLASEK HILLS TENNIS COURT REHABILITATION TO NORTHWEST ASPHALT,INC. F. AWARD CONTRACT FOR OUTDOOR CENTER PLAY EQUIPMENT TO WEBBER RECREATIONAL DESIGN G. AWARD CONTRACT FOR HIDDEN PONDS OUTFIELD FENCING REPLACEMENT H. AWARD CONTRACT FOR RILEY LAKE PARK FENCING OUTFIELD FENCING REPLACEMENT I. AWARD CONTRACT FOR SUPPLY OF BITUMINOUS CRACK SEALANT MATERIAL TO MIDSTATES EQUIPMENT AND SUPPLY J. AWARD CONTRACT FOR STREET SWEEPING TO PEARSON BROS. K. ADOPT RESOLUTION TO RECEIVE FEASIBILITY REPORT AND SET PUBLIC HEARING DATE FOR EDEN PRAIRIE ROAD EXTENSION L. AMEND CONSERVATION EASEMENT OVER LOTS 1 AND 2,BLOCK 1 OF SETTLERS WEST M. APPROVE CONTRACT WITH ADVANCED ENGINEERING AND ENVIRONMENTAL SERVICES, INC. FOR UTILITY RATE ANALYSIS FOR WATER, SANITARY SEWER,AND STORM DRAINAGE N. APPROVE AMENDMENT TO EDEN PRAIRIE FIREFIGHTER RELIEF ASSOCIATION BYLAWS IX. PUBLIC HEARINGS/MEETINGS A. 2017 CDBG FUNDS (Resolution) Official notice of this public hearing was published in the February 2, 2017,Eden Prairie News. ANNOTATED AGENDA March 7, 2017 Page 3 Synopsis: The 2017 CDBG allocation has not yet been announced by the office of Housing and Urban Development(HUD). However, the Human Services Review Committee used the conservative estimate of$200,000 in funding to make the funding recommendations as listed below. Once the actual amount is received, the Housing Rehabilitation Program will be increased or decreased accordingly. The regulations stipulate that public service funding may not exceed 15 percent of the City's total allocation ($200,000), plus 15 percent of the previous year's program income ($155,000). The Human Services Review Committee reviewed the 2017 CDBG proposals and recommended the following activities be funded. # Human Services Activity Funding County % of Level Priority Allocation 1 PROP Housing Support Services $22,000 High 11% 2 YMCA Child Care Subsidy $10,000 High 5% 3 HOME (Household& Outside $9,000 High 4% Maintenance for the Elderly) 4 PROP (Emergency Vehicle Repair) $12,000 High 6% Subtotal $53,000 Housing Activities Funding County Level Priority 5 Housing Rehabilitation Deferred Loan $67,000 High 34% Program 6 Affordable Housing-WHAHLT $55,000 High 28% 7 Fair Housing Initiative $2,000 High 1% 8 Program Administration $23,000 High 11% Grand Total $200,000 MOTION: Move to: Close the public hearing and adopt the Resolution approving the use of 2017 CDBG funds as recommended by the Eden Prairie Human Services Review Committee. B. CEDARCREST STABLES by Pemtom Land Company. First Reading Ordinance for Zoning District Change from Rural to R1-13.5 and R1-9.5 on 10.65 acres; Resolution for PUD Concept Review; Resolution for Preliminary Plat of one lot into 17 lots on 10.65 acres. (Ordinance for Zoning District Change; Resolution for PUD Concept Review; Resolution for Preliminary Plat) Official notice of this public hearing was published in the February 23, 2017, Eden Prairie News and sent to 126 property owners. Synopsis: The project involves the subdivision of a 10.65 acre property into 17 single family lots. The property is guided Low-Density Residential and is currently zoned Rural. The application also includes a request to rezone the property from Rural to R1-9.5 and R1-13.5. The lots along Stirrup Lane, which are proposed to be zoned R1-9.5 range in size from 10,178 square feet to 23,669 square feet. The lots proposed to be zoned to R1-13.5 range in size from 26,181 square feet to 36,968 square feet. There is a home and a large outbuilding on the property that will be ANNOTATED AGENDA March 7, 2017 Page 4 raised and the well and septic will be properly abandoned through the land alteration and building permits. The applicant is also requesting approval of a Planned Unit District Review with waivers. The request waivers include the following: • The Valley Road cul-de-sac length from 500 feet to 570 feet • Driveway setback for shared driveways on Lots 11-13 may be closer than 3 feet from the property line. All of the lots will be served with public sanitary sewer and water. Stirrup Lane and Cedarcrest Drive will be extended so they connect. Lots 11-13 are wooded lots and will be custom graded. The plans for these lots will be designed so that the removal of trees is minimized. The 120-Day Review Period Expires on April 19, 2017. The Planning Commission voted 5-0 to recommend approval of the project at the February 13, 017 meeting. MOTION: Move to: • Close the Public Hearing; and • Adopt the Resolution for a Planned Unit Development Concept Review on 10.65 acres; and • Approve 1st reading of the Ordinance for Planned Unit Development District Review with waivers and a Zoning District Change from Rural Zoning District to R1-13.5 on 7.19 acres and from Rural to R1-9.5 on 3.46 acres; and • Adopt the Resolution for Preliminary Plat of one lot into 17 lots; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. C. FIRST & SECOND READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 11, RELATING TO BUILDING HEIGHT DEFINITION Official notice of this public hearing was published in the February 23, 2017,Eden Prairie News. Synopsis: While working with development teams and individual residents, inconsistencies between the building code and zoning code definition of building height have come to staff's attention. In order to reduce the inconsistencies and provide for a building height definition that is more user friendly, staff is proposing that the Zoning Ordinance definition of building height be revised. The proposed ordinance language incorporates language from the zoning ordinance and the building code definition of height to provide for consistency between the two definitions. The revision to the definition allows for a singular building height ANNOTATED AGENDA March 7, 2017 Page 5 calculation to address both zoning and building code requirements,reducing conflicting height measurements. The amendment also proposes to add the definition of grade plane. Grade plane is the reference datum from which building height is proposed to be measured in the revised building height definition. At its January 23, 2017 meeting, the Commission voted 8-0 to recommend approval of the text amendment to Section 11.02 subject to the information in the staff report dated January 19, 2017. MOTION: Move to: • Close the Public Hearing; and • Approve the First Reading of an Ordinance to amend City Code Section 11.02 to revise the definition of building height and add the definition of grade plane D. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 11, RELATING TO TREE REPLACEMENT Official notice of this public hearing was published in the February 23, 2017,Eden Prairie News. Synopsis: The City recently adopted amendments to the City Code relating to tree replacement requirements. As a part of that process, there were multiple changes to the tree replacement requirements including the definition and regulation of heritage trees. Through the discussions with the Planning Commission and City Council leading up to the code amendment, there was discussion related allowing saved heritage trees to be counted toward the tree replacement requirement including a not to exceed threshold. Staff is proposing a housekeeping change to Section 11.55 of the City Code to reflect the discussion and direction provided to City staff during the review process. At its February 27, 2017 meeting, the Commission voted 7-0 to recommend approval of the text amendment to Section 11.55 as represented in the staff report dated February 22, 2017. The language reviewed by the Planning Commission has been slightly modified to provide additional clarity of the calculation to be applied. MOTION: Move to: • Close the Public Hearing; and • Approve the First and Second Reading of an Ordinance to Amend City Code Section 11.55 to revise the credit for Heritage Trees in Tree Replacement Requirements X. PAYMENT OF CLAIMS ANNOTATED AGENDA March 7, 2017 Page 6 MOTION: Move approval of Payment of Claims as submitted (Roll Call Vote). XI. ORDINANCES AND RESOLUTIONS A. FIRST AND SECOND READING OF AN ORDINANCE AMENDING CITY CODE SECTION 2.23, SUBD. 3, RELATING TO MEMBERSHIP RANGE FOR CONSERVATION COMMISSION AND HUMAN RIGHTS & DIVERSITY COMMISSION Synopsis: Currently, the membership of the Human Rights and Diversity Commission and the Conservation Commission are set at five to seven members. The Parks, Recreation, and Natural Resources Commission membership is set at a range of seven to nine members, as is the membership of the Planning Commission. The Heritage Preservation Commission membership is set at seven members. Adjusting the Human Rights and Diversity Commission and the Conservation Commission membership to a range of five to nine members, instead of five to seven members, will provide the City Council with more flexibility in making appointments to these Commissions each year. MOTION: Move to: Approve First and Second Readings of an Ordinance Amending City Code Section 2.23, Subd. 3, relating to the membership range for the Human Rights and Diversity Commission and Conservation Commission XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. 2017 COMMISSIONS Synopsis: The City Council hosted Commission interviews on Tuesday, February 28, 2017. All terms will begin on April 1. A required orientation session for new commissioners will be held on Monday, March 20. MOTION: To be provided at meeting. B. 2017 COMMISSION CHAIRS & VICE CHAIRS Synopsis: Chairs and Vice Chairs are appointed annually by the City Council following the appointment of members to City Commissions. The City Council hosted Commission interviews on Tuesday, February 23, and determined Chair and Vice Chair assignments for the period of April 1, 2017, through March 31, 2018. MOTION: To be provided at meeting. XIV. REPORTS ANNOTATED AGENDA March 7, 2017 Page 7 A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Approve RJM Change Order No. 1 For Aquatics Expansion Project Synopsis: Change order No.1 is the final action to satisfy the contract with RJM Construction. In general, the changes included in this change order stem from unforeseen conditions, work directed by RJM that would have occurred and been directed by city staff, and additional necessary work unidentified in the original bid documents. All items and documents have been reviewed by city staff and the city attorney and payment is recommended. On May 6, 2014, a contract was entered into with RJM Construction to provide construction management services and to assign sub-contractor contracts to RJM. The original amount for RJM's services and construction costs was $19,100,649. On December 15, 2015 staff presented a construction update at the City Council meeting. The presentation included a review of unexpected cost items such as: the discovery of a burrow pit, inaccurate plumbing elevations, items not included in the drawings and code required additions. Throughout the project, City and RJM staff looked for cost reductions. These reductions totaled$260,756. Examples of the reductions include: deck drain material change, redesign support of mechanical units, reduced fitness storage area and omitted epoxy coated re- bar. There were also items totaling $272,305 that were implemented through the RJM contract to achieve efficiencies and timing milestones. These expenses would have otherwise been contracted directly through city staff. The net result of the additions and savings totals $774,447. With this change order, the total contract amount increases from $19,100,649 to $19,875,096. Additional funding is available from dedicated bond premium proceeds, the elimination of the Purgatory Creek Park Entrance Upgrade and the Park Improvement Fund. MOTION: Move to approve RJM Change Order No. 1 for Aquatics Expansion Project in the amount of $774,447. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY ANNOTATED AGENDA March 7, 2017 Page 8 XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. ITEM NO.: VI.A. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,JANUARY 17, 2017 CITY CENTER 5:00—6:25 PM,HERITAGE ROOMS 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Kathy Nelson, and Ron Case CITY STAFF: City Manager Rick Getschow, Police Chief James DeMann, Fire Chief George Esbensen, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, City Attorney Ric Rosow, and Recorder Lorene McWaters I. COMMISSION WORK PLANS A. CONSERVATION COMMISSION Commission Chair Lori Tritz presented for the Conservation Commission. Tritz said the commission focuses its efforts in four areas: water,pollinators, energy and recycling. 2016 accomplishments in the area of water included assistance with with review of the Local Water Management Plan and the Water Treatment Plant and Environmental LC. The commission also participated in the Home and Garden Show, Arbor Day, and the Eden Prairie Green Event held at Pax Christi Church. Plans for 2017 include an Educational Panel for Fire Station 2 as well as other stormwater education. The commission will participate in Arbor Day activities at Round Lake. In 2016 the commission reviewed the Pollinator Resolution as it was being drafted. For 2017, the commission will review the proposed native plant ordinance, and participate in the Home and Garden Show and in a Bee Squad presentation. The commission attended the Eden Prairie Solar Power Hour in 2016 and plans to participate in a LEEDS building tour and review the energy action plan in 2017. In the area of recycling, the commission promoted a number of organics recycling initiatives and promoted solid waste recycling at the City-wide Open House and Cub Scouts presentations. In 2017, the commission expects to provide input on the proposed organics recycling plan and will again participated in Arbor Day as well as a Recycling Center Tour. Additional accomplishments for 2016 include an augmented student program and ongoing communication efforts, including the Living Green Newsletter, the City's Facebook site, the Life in the Prairie Newsletter. They plan to focus on redesigning the Living Green portion of the website in 2017. City Council Workshop Minutes January 17, 2017 Page 2 B. FLYING CLOUD AIRPORT ADVISORY COMMISSION Commission Chair Keith Tschohl presented for the Flying Cloud Airport Advisory Commission. 2016 accomplishments included: • Advised on operational changes at the airport including continuing hangar construction and reconstruction of the west end of Taxiway A. • Encouraged MAC to reach out to households filing the most noise complaints • Toured the airport in April. • Monitored developments in federal regulations, including the FAA's implementation of the sUAS Final Rule in august, and the nationwide ban on Stage 2 aircraft. • Continued to engage with MAC leadership. In 2017, the commission will continue monitor changes to laws and regulations relating to small Unmanned Aircraft Systems (sUAS); will tour the airport again, and will provide the City Council with annual comparisons of number of operations and noise complaints. The commission will provide feedback on the MAC Noise Programs Office on revisions to the Noise Abatement Plan and Pilots Guide, monitor development of the MAC's 2035 LTCP for the airport and will monitor development and construction of a new public viewing area, if requested. C. HUMAN RIGHTS AND DIVERSITY COMMISSION Commission Chair P.G. Narayanan presented for the Human Rights &Diversity Commission. 2016 accomplishments included: • Starting a Parkinson's Friendly Community Initiative, which will include the Police Department • Annual GLBT Ally training with PRIDE Institute • YMCA Summer Pilot Program at Briar Hill as well as English classes at Briar Hill • Tapestry project • Support for the 3rd Annual 5K Run Against Human Trafficking • A series of speakers/trainings, including housing, bias crime, transportation, disabilities and Islam • LGBT Leaders Art Exhibit with Hennepin Tech 2017 work plan items includes: • Elevating visibility of the Human Rights &Diversity Commission • Increase listening avenues within the community to better inform the City Council of successes and challenges. • Enlist cooperation of organizations and individuals in the community to promote awareness and appreciation of the City's Manifesto. • Annual Human Rights Award City Council Workshop Minutes January 17, 2017 Page 3 • Support for victim of bias crimes and review of alleged ADA violations D. HERITAGE PRESERVATION Steve Olson presented for the Heritage Preservation Commission. 2016 accomplishments included: • A number of grant projects, including $3,500 from the EP Community Foundation for an interpretive sign at Riley Lake Park; a Heritage Partnership Grant for$60,000 for training; a legacy grant of$14,000 for research and writing of future interpretive signs; and a capital grant of$24,000 for the Smith Douglas More House roof project • Completion of Phase 1 of the City Center Photo project • A history hunt in commemoration of the 50th anniversary of the Historic Preservation Act • The street sign fund raiser • Award of the 2016 Preservation Award to Steve Schussler for preservation efforts at the Goodrich-Ramus Barn • An airport tour • Tour of the Glen Lake Childrens Camp Respite Center 2017 work plan items includes: • Submission of the SDM House National Register Nomination • Pursuit of a grant for archaeological studies at the Town of Hennepin site • Assisting the Eden Prairie Historical Society with a$9,600 Legacy Grant Project • Completing data collection from SHPO E. PARKS,RECREATION & NATURAL RESOURCES COMMISSION Chair Larry Link presented for the Parks, Recreation &Natural Resource Commission. The commission's work plan was extensive. Some of the highlights from 2016 included: • Providing guidance and feedback on Mobile Café • Participated in the Aquatics Center grand opening • Learn about new recreation program offerings • Provided feedback on the Outdoor Center Master Plan • Participated in several play structure grand openings 2017 work plan items include: • Participating in Cedar Hills Park Grand Opening • Continue to advise staff on relevant SWLRT projects, such as public art and plaza designs • Participating in trends discussions • Discussing pollinator friendly policies, lake management and natural resources City Council Workshop Minutes January 17, 2017 Page 4 F. PLANNING COMMISSION Chair Andrew Pieper presented on behalf of the Planning Commission. 2016 accomplishments included: • Considered 8 variance applications • Reviewed 12 development land use applications including reuse or expansion of existing sites • Reviewed and provided input on design guidelines and text amendments related to building materials, architecture, landscaping and screening. • Reviewed tech amendments update of tree replacement requirements and alarified kennels and automated services 2017 work plan items: • Building commission knowledge to further optimize the planning process. • Ensuring strong coordination between commissions and Eden Prairie strategic initiatives. • Participating in the ongoing Comprehensive Guide plan Update, including special areas of study • Ongoing code amendment work, including the park district and the sign ordinance as well as clarifications and housekeeping changes Open Podium II. OPEN PODIUM III. ADJOURNMENT ITEM NO.: VI.B. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, FEBRUARY 14, 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(5:30) I. POLICE UPDATE Police Chief Jim DeMann and Captain Greg Weber gave a presentation on departmental initiatives and updates on the following topics: Public Safety Answering Point(PSAP) The the Hennepin County Sherriff's Office provided PSAP services for Eden Prairie from 1973-1982. In 1982 the City switched to the City of Richfield for dispatch services, and in 1990 Eden Prairie opened their own PSAP. The Dispatch office was remodeled in 2008 and a major equipment and software upgrade was implemented in 2014. Currently the PSAP is a joint fire and police answering point. It is where staff and residents can get answers to questions after hours or on weekends—even ones that are of a non-urgent nature. Weber said next frontier for the PSAP will be Next Gen 911, which will allow for texting for assistance and transmittal of photos by the public, along with other new features. Recruitment Interest in law enforcement as a career has been waning in recent years for a variety of reasons. Eden Prairie has a number of initiatives in place to help ensure the City will continue to be able to hire top notch officers. New officers are recruited through the Community Service Office program,job fairs and college law enforcement skills programs. The department is committed to continuing to build an organization that reflects the demographics of Eden Prairie. Training All new officers complete a 3-4 moth field training program. Captain Weber noted that Eden Prairie's philosophy is to "hire for character first, talent always." Community engagement is instilled as an important component of the job throughout the FTO course. City Council Workshop Minutes February 14, 2017 Page 2 Weber said the City has had a Crisis Intervention Team (CIT) since 2011. As of 2015-2016 all officers receive a 40-hour scenario-based Crisis Intervention Training. All dispatchers also receive active listening training. Weber noted that there has been a decline in use of force by officers in recent years although there has been an increase in medical psychiatric calls. All officers are also certified Emergency Medical Technicians, and they must pass a refresher course every two years. This training goes to good use as officers assist on 2,200 medical calls every year. In addition to CIT and EMT training, officers receive a variety of other trainings, including Parkinsons awareness training, Minnesota for Safe Driving training, wellness training and trainings related to OSHA requirements. The Department also provides SWAT. Community Engagement Weber noted that the Police Department has a long history of community engagement. During the months after the department was officially founded in January 1973 the Chief and his five officers held more than 35 community meetings to find out what residents wanted in their new department. Weber said that legacy of strong community relations continues today. The department holds an annual open house, and conducts citizens and senior citizens academies for adults, the CounterAct program for youth, and Halloween on the Mall for the entire community. The department is also closely involved in the annual Night to Unite, which is held the first Tuesday of August, helps run the annual safety camp, provides car seat inspections, and holds Shop with a Cop every year. The Department is active on social media with its own Facebook page, which currently has 8,100 "likes," an active Twitter account with 3,600 followers and a blog on the City website. Council Member Case asked whether the department is looking at cases in which a robot or drone results in lethal force. DeMann said Eden Prairie does not use explosives, so that is not an issue our department would be facing. DeMann said squads have dash cams. They currently don't use body cameras, but they are researching the issue. Storage of data can be very expensive. He said the department has traditionally been cautious about adopting new technology. He said once it becomes a federal mandate, funding is usually made available. Mayor Tyra-Lukens asked about the status of the City's Emergency Management Plan. Chief Esbensen said the County is currently assisting the City in updating the plan. Council Member Aho said it would be helpful for the Council to have a refresher on their responsibilities in the event of a disaster. Esbensen said he will set something up with the City Council after the plan is finalized. II. OPEN PODIUM III. ADJOURNMENT ITEM NO.: VI.C. UNAPPROVED MINUTES 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, 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 Engineer Rod Rue, 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. ACCEPT DONATION FROM PARK DENTAL EDEN PRAIRIE FOR CONCERT SERIES (RESOLUTION NO. 2017-21) Lotthammer said this is a donation from Park Dental Eden Prairie for the free concert series at Staring Park. He noted contributions from groups such as Park Dental enable Eden Prairie to offer such events. MOTION: Case moved, seconded by Aho, to adopt Resolution No. 2017-21 accepting the $1,000 donation from Park Dental Eden Prairie towards the Starring at Staring Concert Series. Motion carried 5-0. B. ACCEPT LIONS CLUB DONATION FOR OUTDOOR CENTER (RESOLUTION NO. 2017-22) Lotthammer said the Lions Club is another organization that continues to sponsor events. The Staring Lake Outdoor Center hosts classes and events for all ages, including several programs with school children. The Outdoor Center provides water studies programs with elementary school students, and this is a$400 donation from the Lions Club to purchase water testing equipment for the Outdoor Center. CITY COUNCIL MINUTES February 14, 2017 Page 2 MOTION: Aho moved, seconded by Butcher Wickstrom, to adopt Resolution No. 2017-22 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. Motion carried 5-0. C. ACCEPT BUSH FOUNDATION GRANT FOR$5,000 FOR CITY'S RECEIPT OF THE UNIVERSITY OF MINNESOTA LOCAL GOVERNMENT INNOVATION AWARD Ellis said, as announced at the January 3, 2017, City Council meeting, the City of Eden Prairie was the University of Minnesota's overall city category winner of the 2016 Local Government Innovation Award for the invention of the Vacuum Dredge Box (VDB). With this award comes a$5,000 grant from the Bush Foundation. The $5,000 grant will be used to help purchase a small tracked skid steer that is used in the operation of the VDB. MOTION: Butcher Wickstrom moved, seconded by Nelson, to accept the Bush Foundation grant of$5,000 in recognition of the City's receipt of the University of Minnesota Local Government Innovation Award. Motion carried 5-0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Aho moved, seconded by Case, to approve the agenda as published. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,JANUARY 3, 2017 MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the minutes of the City Council workshop held Tuesday, January 3, 2017. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY,JANUARY 17, 2017 MOTION: Nelson moved, seconded by Case, to approve the minutes of the City Council meeting held Tuesday, January 17, 2017, as published. Motion carried 5- 0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION NO. 2017-23 AUTHORIZING MINNESOTA WATER AGENCY RESPONSE NETWORK(MnWARN)MUTUAL AID AGREEMENT CITY COUNCIL MINUTES February 14, 2017 Page 3 C. AWARD CONTRACT TO KEYS WELL DRILLING TO SERVICE WELL 15 D. AWARD CONTRACT TO BERGERSON CASWELL TO SERVICE WELL 16 E. ADOPT RESOLUTION NO. 2017-24 CORRECTING RESOLUTION NO. 99- 215, VACATION OF A PORTION OF A DRAINAGE AND UTILITY EASEMENT LOCATED ON LOT 11, BLOCK 5,EDENVALE 6M 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 NO. 2017-25 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 NO. 2017-26 REGARDING PURCHASE OF TAX FORFEITED PROPERTIES O. ADOPT RESOLUTION NO. 2017-27 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 MINUTES February 14, 2017 Page 4 MOTION: Case moved, seconded by Aho, to approve Items A-G and I-Q on the Consent Calendar. Motion carried 5-0. MOTION: Nelson moved, seconded by Butcher Wickstrom, to approve Item H on the Consent Calendar. Motion carried 4-0-1,with Case abstaining. IX. PUBLIC HEARINGS/MEETINGS A. FIRST READING OF ORDINANCE AMENDING CITY CODE CHAPTER 11 RELATING TO CELL TOWERS AND ANTENNAS Getschow said the Federal Communication Commission Act of 1996 established that antennas and cell 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. Since that time the City has added a few more zoning districts including Town Center(TC), Airport Commercial (A-C), Airport Office (A-OFC) and Golf Courses (GC). This is a housekeeping item to add the provision for antennas and cell towers as a permitted use in those additional zoning districts. The Planning Commission voted 7-0 to recommend approval of the amendment at the January 9, 2017 meeting., There were no comments from the audience. MOTION: Nelson moved, seconded by Case, to close the public hearing, and to approve 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. Case said he assumed that FAA rules would preempt anything the City might do. Getschow replied that was correct. VOTE ON THE MOTION: Motion carried 5-0. B. BANEBERRY HOLLOW REASSESSMENT (RESOLUTION NO. 2017-28) Getschow said 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. 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. CITY COUNCIL MINUTES February 14, 2017 Page 5 There were no comments from the audience. MOTION: Aho moved, seconded by Butcher Wickstrom,to close the public hearing, and to adopt Resolution No. 2017-28 approving the Baneberry Hollow reassessment. Case asked if the ten individual lots impacted by the assessment have been notified and if there have been any complaints. Ellis replied the Baneberry Hollow Homeowners Association did not mow the weeds, so the amount of the tall grass/weed removal was assessed back to the common property. After we researched the statutes, we found we cannot assess the common property,rather it must be assessed to the individual units. The City has not added interest to the amount. The property owners impacted were noticed of the hearing tonight. He said there have been no complaints about mowing the lot since 2010. Nelson asked if this will impact how we treat other associations that have common property. Rosow said it will, and common property will be treated in this fashion going forward. VOTE ON THE MOTION: Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Butcher Wickstrom moved, seconded by Case, to approve the payment of claims as submitted. Motion was approved on a roll call vote,with Aho,Butcher Wickstrom, Case,Nelson and Tyra-Lukens voting "aye." XI. ORDINANCES AND RESOLUTIONS A. APPROVE FIRST AND SECOND READINGS OF ORDINANCE NO. 1-2017 AMENDING CITY CODE SECTION 6.03 RELATING TO CITY LICENSING OF TELECOMMUNICATION RIGHT-OF-WAY USERS Ellis said Chapter 6.03 of City Code allows for the use of any City-owned public utility structure in the public right-of-way for placement of commercial wireless telecommunication facilities, such as antennas, by telecommunications companies. This amendment will require the telecommunications companies to enter into a license agreement for placement of the telecommunication facility in any public structure. It spells out a lot of details that really don't belong in a City ordinance. We have a number of these telecommunication facilities on the utility structures now, and we have license agreements for those structures. We do expect there will be an influx of others. Case asked if there is any bonding piece included in the license. Ellis replied he did not believe the licensing agreements have that in the agreement. The license will be issued annually, and we would take down the equipment and return it to the company if necessary when a company did not renew the license. CITY COUNCIL MINUTES February 14, 2017 Page 6 MOTION: Case moved, seconded by Butcher Wickstrom, to approve first and second readings of Ordinance No. 1-2017 amending City Code Section 6.03 relating to City licensing of telecommunication right-of-way users. Motion carried 5-0. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR 1. Receive Feasibility Report and Direct Staff to Include Utility Improvements with Eden Prairie Road Street and Utility Improvements (Resolution No. 2017-29) City Engineer Rod Rue said this would normally be a Consent Calendar item,but, due to the nature of the project, staff will present a summary of the feasibility report as a separate item. He said the feasibility study for the southern portion of Eden Prairie Road was authorized by the Council in June of 2013. In June of 2015 the City Council authorized a feasibility study for utility improvements to serve the Lions Tap site and adjoining parcel, based on a petition received from property owners. The feasibility study addresses providing 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. Since the two projects (Eden Prairie Road and Lions Tap utilities) are interconnected, these projects need to be combined into one project. Rue gave a PowerPoint presentation describing the four options considered for the street and utility improvements and summarizing the costs for each of the options. He said Option 4 is the recommended option. That option would include a gravity system for the utilities and would be routed around the existing right-of-way so there would be no need for easements. The lift station would be located on the west side of Lions Tap. He said the cost of this option would be $1,730,000, the least costly of the four options and also the most reliable. CITY COUNCIL MINUTES February 14, 2017 Page 7 Rue said the Eden Prairie Road Extension to Flying Cloud Drive Street and Utility Feasibility Report is expected to be received by the City Council at the March 7, 2017 City Council meeting, and a Public Hearing date will be set, probably for April 4, 2017. The 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 would 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. Tyra-Lukens asked if there is some issue we are missing about selecting Option 4 if that option is the cheapest and probably the most effective and reliable. Rue replied the gravity system used in Option 4 is more reliable and is what people are used to dealing with in most areas of the City. The low pressure systems used in the other options do exist in some areas of the City; however, the grinder station for that type of system requires the property owner to own and maintain it, so there can be some replacement and maintenance issues. Case said the Notermann's came before the City Council a few years ago and discussed some pre-zoning for development of their property. He asked if they might, therefore, be more interested in having easement access included as part of the development agreement as would be provided by Options 2 and 3. Rue replied the City has been discussing the improvements to the Lions Tap site with the Notermann's and their representatives. He noted Spring Road is being realigned as part the County's CSA No. 61 reconstruction project. As part of the realignment, a remnant piece of right- of-way will be sold to Lions Tap so they will have additional acreage. A representative of the Notermann's, said Option 4 is the Notermann's preferred option and would provide more of an opportunity to spread the assessments over the property. Dean Edstrom, 10133 Eden Prairie Road, said Options 2 and 3 would disrupt his property, and he thought Option 4 was the best option. MOTION: Nelson moved, seconded by Case, to adopt Resolution No. 2017-29 to receive the feasibility report and to direct staff to include the recommended Lions Tap utility improvements (Option No. 4) into the Eden Prairie Road extension to Flying Cloud Drive street and utility improvements. Motion carried 5-0. F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF CITY COUNCIL MINUTES February 14, 2017 Page 8 H. REPORT OF CITY ATTORNEY 1. ERS Estates Lake Access and Dock Appeal Rosow said in 2016 the City received a request from the owner of the property at 12551 Beach Circle to confirm that the non-conforming use of a second dock serving property not abutting the lake remained as a protected non-conforming use. After conferring with the City Attorney, City staff provided a determination to ERS Development LLC (the property owner) that the non-conforming use status of the easement had been lost due to the discontinuance of use. ERS Development LLC then 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 the appeal of the staff determination. After hearing information presented by staff, the appellant, and nearby property owners, the Commission voted on a 5-2 vote to direct staff to prepare findings and an order upholding staff's determination. On January 12, 2017, an appeal of the Planning Commission determination was filed. Rosow said the provision of the Minnesota statutes that deals with non- conforming uses states that a legal non-conforming use can be continued, improved, replaced and repaired unless the occupancy is discontinued for a period of more than one year. Eden Prairie's City Code contains the same provision. In 2005 the City Code was amended to be consistent with the provision in State law with respect to when a use would be considered to be discontinued. Before the code amendment in 2005, the standard for non- conforming use was intent to abandon. The current provision regarding non- conforming use has been upheld in several cases around the State. Rosow said the property is located off the lake and, since 1965, has had a 20-foot easement to the lake across another property that abuts the lake. In 2005 a new owner, Dr. Elmer Salovich, purchased the property. The issue is whether there was a discontinuance of the non-conforming use and whether the position of the City planner was correct. Mr. Paradis, the owner of the property that the easement is across, testified before the Planning Commission at one point that he removed the dock from the easement more than ten years ago after asking the previous owner to remove the dock as it was in a state of disrepair after it had been crushed by winter ice. That came as news to the new owner of the subject property. The issue for the City, however, is not who removed the dock from the lake but rather it is whether there was a discontinuance. The evidence showed the dock was not put back in over the ten-year time period from 2006 to 2016. Rosow said Dr. Salovich, the owner of ERS Development, states that, in 2006 after he acquired this property, he applied to replat the property. The staff report on the re-platting of the property notes the non-conforming use and states it may continue. Dr. Salovich's argument is that he was not told by City staff he would have to maintain the dock in the lake every year. That CITY COUNCIL MINUTES February 14, 2017 Page 9 argument caused two of the Planning Commission members to vote against the staff recommendation. Rosow said Mr. Beck, the attorney for ERS Development, argues that, in a duplex situation, you couldn't lose the non- conforming use when the house was remodeled. However, the City's position is that use of the dock is what is non-conforming. In his letter of February 8, Mr. Beck argues that this is an issue of intent to abandon, and no dock was put in because there was no need for one while the renovation was going on. Rosow noted the easement did not provide for storage of the dock. Peter Beck, representing Dr. Salovich and ERS Development, said the right of easement was given in 1964, and Dr. Salovich bought the property in November of 2005. The issues that have emerged are whether Dr. Salovich should have put the dock in every year during the time of renovation and whether City staff told him about the new requirement regarding discontinuance of use. He noted it does make a difference if the dock was taken out by someone else. The only recourse they could follow was to appeal the decision by the Planning Commission because it will make it difficult to sell the property. Tyra-Lukens asked if Mr. Beck made the statement that it is significant whether the dock was removed or stolen. Mr. Beck said he did and asked how the use could be discontinued if someone else stole the dock. Tyra- Lukens then asked if the non-conforming use is the existence of the dock or the easement allowing the dock. Rosow replied the non-conforming use is the second dock on the lake property. The ordinance allows only one dock per lot. The non-conforming use was created when there were two docks, but in this case one dock was discontinued for more than one year. Nelson asked if we have rules about keeping a dock in good repair. Rosow said we don't have rules that deal with maintenance of a dock, and that is not covered by our exterior maintenance code. Dr. Elmer Salovich, 12551 Beach Circle, said the dock that was on the property was made of steel and was not in need of repair. He said he did a lot of improvements on the house and told staff he was not putting in a dock because he had to renovate the house first. He also asked staff if Eden Prairie has some requirements about docks, and staff told him that Eden Prairie does not have a specific ordinance for docks and follows the Minnesota State requirements. Staff told him to come and see them when he was ready to put in a dock and did not tell him about any time constraints to put in a dock. Rosow said Mr. Beck asked why, of the two docks, this dock would be considered the non-conforming one, and noted that dispute would be between the two property owners. He reviewed the options available for the City Council to make a decision. CITY COUNCIL MINUTES February 14, 2017 Page 10 Case said this situation reminds him of past discussions by the Council about billboards in the City. When the ordinance against billboards was passed, we grandfathered in the use of existing billboards even though we did not want them in the City. In this case, we don't want to have two docks on each parcel around our lakes. The moment someone walks away from a non-conforming use of a dock, that non-conforming use goes away. The dock would have been grandfathered in if the dock had stayed there, but it didn't. He said he will not vote for continuance of the non-conforming use. Butcher Wickstrom agreed with Council Member Case and said it is a question of consistency. Nelson was bothered that the owner came in to talk to staff about when he could put in a dock. He got a response from the staff that he could put in a dock again, and that is what he went away with. Aho agreed with Council Member Nelson that we need to apply the ordinance fairly across all properties; however, it is not a fair application of the ordinance if City staff tells someone to come back when he is ready to put in a dock after he has asked staff what must be done to continue the use of the dock, and then when he does come back he is told he can't continue to use it. He said he would vote in favor of the property owner. Jeremiah said the only documentation found about this situation is a staff report from 2006 that says a dock is existing at the time and may continue; however, the report assumes a dock was in place at the time of the report. She said it is unclear who on staff had reviewed the situation, and there is no documentation that the dock was there at the time. We said the dock could continue here, but not that it could be abandoned or discontinued and then come back to request the use be continued. Case said we know that ignorance of the law is no excuse, and we hear a lot of things that staff"claims."We have our rules and ordinances, and a decision based on perception of how someone interpreted that would set a dangerous precedent. We have an ordinance, and there is a reason we don't allow two docks per parcel around the lakes. We allow certain docks to be grandfathered in, but we get rid of the non-conforming uses as soon as they are no longer there. Aho said he could see if this were a new non-conforming use, but this is an historical one that was already in existence. He thought that is different and would not be setting a precedent. Nelson said there is an expectation that an owner would maintain his property rights, and it would be reasonable to expect someone to walk down to the lake to see if the dock was there. It appears that was never done in this situation. CITY COUNCIL MINUTES February 14, 2017 Page 11 MOTION: Butcher Wickstrom moved, seconded by Case, 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. Motion carried 4-1, with Aho opposed. XV. OTHER BUSINESS XVI. CLOSED SESSION TO DISCUSS POTENTIAL LITIGATION MOTION: Case moved, seconded by Butcher Wickstrom, to move to closed session. Motion carried 5-0. At 8:29 PM the Council moved to closed session. XVII. ADJOURNMENT MOTION: Aho moved, seconded by Butcher Wickstrom, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 9:17 PM. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 7, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.A. Community Prestige Daycare— Site Plan Development/Planning Janet Jeremiah/Angie Perera Requested Action Move to: • Approve 2nd Reading for the Site Plan on 3 acres of un-platted land within the 35 acre parcel of Metropolitan Airports Commission(MAC) owned property; and • Approve the Development Agreement for Prestige Daycare/Shingobee Synopsis This is a final approval of the Development Agreement and plans for a daycare facility building at 15219 Pioneer Trail. The 120-Day Review Period Expires on March 11, 2017. Attachments 1. Resolution for Site Plan Review 2. Development Agreement CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2017- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR PRESTIGE DAYCARE BY SHINGOBEE WHEREAS, Shingobee, has applied for Site Plan approval of Prestige Daycare to construct a daycare facility building on the property legally described on Exhibit A; and WHEREAS, the Planning Commission reviewed said application at a public hearing at its November 14,2016 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its December 6, 2016 meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,that site plan approval is granted to Shingobee based on the Development Agreement between Shingobee and the City of Eden Prairie, reviewed and approved by the City Council on March 7, 2017. ADOPTED by the City Council of the City of Eden Prairie this 7th day of March, 2017. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A Legal Description Prestige Day Care—Eden Prairie Legal Description Per Title Commitment That part of the Northwest Quarter of Section 28, and that part of the Southwest Quarter of Section 21, in Township 116 North, Range 22 West of the 5th Principal Meridian, described as follows: Starting at the Southeast Corner of the Northeast Quarter of Northwest Quarter of Section 28, running thence North along the quarter line a distance of 2230.6 feet to the center line of the Fort Snelling and Chaska as now traveled; thence Westerly at an angle of 63 degrees 28 minutes to the quarter line, a distance of 500 feet; thence to the left at an angle of 5 degrees 26 minutes a distance of 972 feet; thence to the left at an angle of 111 degrees 40 minutes a distance of 1487 feet; thence to the right at an angle of 0 degrees 20 minutes a distance of 1328 feet; thence to the left at an angle of 90 degrees 0 minutes a distance of 1339 feet to the place of beginning. Hennepin County, Minnesota Abstract Property The above description is deficient in precisely defining the property boundaries, the approximate deeds lines are shown lighter and dashed on the survey, the surveyor has not yet been provided any adjoiner deeds to verify gaps and/or overlaps with the new description below. Below is a proposed description that could possibly be used to described the likely intended property. Possible Revised Description of Overall Parent Parcel: The Northeast Quarter of the Northwest Quarter of Section 28 and that part of the East Half of the Southwest Quarter of Section 21 all in Township 116, Range 22, Hennepin County, Minnesota, lying southwesterly of the survey line of Hennepin County State Aid Highway No. 1 per the plat of Hennepin County Highway Plat No. 6. PROPOSED DEVELOPMENT PARCEL PER THE DESCRIPTION PREPARED BY SEH That part of the Southeast Quarter of the Southwest Quarter and that part of the Northeast Quarter of the Southwest Quarter of Section 21, Township 116 North, Range 22 West, Hennepin County, Minnesota, described as follows: Commencing at the southeast corner of the Southeast Quarter of the Southwest Quarter of said Section 21; thence South 88 degrees 59 minutes 26 seconds West, assumed bearing, along the south line of the said Southeast Quarter of the Southwest Quarter 619.08 feet; thence North 25 degrees 24 minutes 54 seconds East 130.77 feet; thence North 09 degrees 37 minutes 04 seconds East 298.26 feet; thence North 16 degrees 44 minutes 37 seconds East 484.35 feet; thence North 25 degrees 24 minutes 54 seconds East 69.17 feet; thence North 23 degrees 39 minutes 26 seconds West 28.43 feet; thence North 67 degrees 07 minutes 36 seconds West 331.31 feet; thence north 61 degrees 24 minutes 58 seconds West 90.45 feet; thence North 67 degrees 7 minutes 36 seconds West 212.98 feet to the point of begin of the land to be described; thence continuing North 67 degrees 07 minutes 36 seconds West 73.70 feet; thence North 68 degrees 16 minutes 23 seconds West 227.12 feet; thence North 69 degrees 34 minutes 25 seconds West 30.52 feet; thence North 74 degrees 05 minutes 51 seconds West 62.18 feet; thence South 52 degrees 26 minutes 15 seconds West 43.44 feet; thence South 00 degrees 59 minutes 48 seconds East 186.42 feet; thence South 89 degrees 00 minutes 12 seconds West 4.82 feet more or less to the easterly right of way line of HENNEPIN COUNTY STATE AID HIGHWAY NO. 4, PLAT 60, as filed in the County Recorder's office as Document Number 5060347; thence South 01 degrees 01 minutes 47 seconds East along said right of way line 411.48 feet; thence North 88 degrees 58 minutes 13 seconds East 200.00 feet; thence North 01 degrees 01 minutes 47 seconds West 433.95 feet; thence North 77 degrees 08 minutes 46 seconds East 208.97 feet to the point of beginning. This tract contains 3.04 acres of land and is subject to any and all easement of record. DEVELOPMENT AGREEMENT PRESTIGE DAYCARE THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into as of March 7, 2017, by Shingobee Real Estate Company, LLC ("Shingobee"), a Minnesota limited liability company, hereinafter referred to as "Developer," its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City": WITNESSETH: WHEREAS, Developer has applied to City for Site Plan Review on an approximate 3 acre parcel which is legally described on Exhibit A as the (the "Property"). WHEREAS, the Property is owned by the Metropolitan Airports Commission which is leasing a portion of the Property to the Developer and is allowing the Developer to use the remainder of the Property for landscaping and ponding. NOW, THEREFORE, in consideration of the City adopting Resolution No. for Site Plan Review, Developer agrees to construct, develop and maintain the Property as follows 1. PLANS: If and when Developer commences physical development on the Property, Developer shall develop the Property in conformance with the materials and revised plans dated 10/24/16 reviewed and approved by the City Council on , (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer and City agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement, City shall give 24 hour notice of such violation in order to allow a cure of such violation, provided however, City need not issue a building or occupancy permit for construction or occupancy on the Property while such a violation is continuing,unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 4. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release, defend and indemnify City, its elected and appointed officials, employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions relating to the project and Property described herein of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection, review or approval by City. 5. EXTERIOR MATERIALS: Prior to building permit issuance, Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan depicting exterior materials and colors to be used on the buildings on the Property. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C, attached hereto. 6. GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in the Plans is conceptual. Prior to the release of a land alteration permit for the Property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all wetland information, including wetland boundaries, wetland buffer strips and wetland buffer monument locations; all Stormwater Facilities, such as water quality ponding areas, stormwater detention areas, and stormwater infiltration systems; and any other items required by the application for and release of a land alteration permit. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Developer shall furnish to the City Engineer and receive the City Engineers' written approval of a security in the form of a bond, cash escrow, or letter of credit, equal to 125% of the cost of said improvements as required by City Code. Prior to release of the grading security, Developer shall certify to the City that the Stormwater Facilities conform to the final grading plan and that the Stormwater Facilities are functioning in accordance with the approved plans. Developer shall employ the design professional who prepared the final grading plan. The design professional shall monitor construction for conformance to the approved final grading plan and Stormwater Pollution Prevention Plan (SWPPP). The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved final grading plan and SWPPP. In addition, the design professional retained by the Developer to perform the monitoring of the Project shall be responsible for all monitoring, data entry and reporting to the PermiTrack ESC web-based erosion and sediment permit tracking program utilized by the City. B. STORMWATER FACILITY CONSTRUCTION: Stormwater Facilities, including detention basins, retention basins, "Stormwater Infiltration" or "Filtration Systems" (such as rainwater gardens, vegetated swales, infiltration basins, vegetated filters, filter strips, curbless parking lot islands, parking lot islands with curb-cuts, traffic islands, tree box filters, bioretention systems or infiltration trenches) or "Underground Systems" (such as media filters, underground sand filters, underground vaults, sedimentation chambers, underground infiltration systems, pre-manufactured pipes, modular structures or hydrodynamic separators) shall be maintained by the Developer during construction and for a minimum of two (2) full growing seasons after completion of the development to ensure that soil compaction, erosion, clogging, vegetation loss, channelization of flow or accumulation of sediment are not occurring, and thereafter by the Owner of the Property. Planting and Maintenance Plans for the Stormwater Facilities (where appropriate) to ensure that the Stormwater Facilities continue to function as designed in perpetuity must be submitted prior to release of the first building permit for the Development. Developer shall employ the design professional who prepared the final grading plan to monitor construction of the Stormwater Facilities for conformance to the Minnesota Pollution Control Agency publication entitled "State of Minnesota Storm Water Manual" dated November 2005, the approved final grading plan and the requirements listed herein. All inspections of underground systems shall be performed by personnel that have approved OSHA confined space training. Maintenance techniques must be used during construction to protect the infiltration capacity of all Stormwater Infiltration Systems by limiting soil compaction to the greatest extent possible. This must include delineation of the proposed infiltration system with erosion control fencing prior to construction; installation of the infiltration system using low-impact earth moving equipment; and not allowing equipment, vehicles, supplies or other materials to be stored or allowed in the areas designated for stormwater infiltration during construction. In areas of structural infiltration Developer shall prior to construction of the infiltration system provide a plan that addresses: (i) construction management practices to assure the infiltration system will be functional; (ii), erosion control measures; (iii) infiltration capacity; (iv) performance specifications that the completed infiltration system must meet to be considered functional by City and (v) corrective actions that will be taken if the infiltration system does not meet the performance specification. All Stormwater Infiltration Systems must be inspected prior to final grading to ensure that the area is infiltrating as proposed and to determine if corrective measures are required to allow infiltration as proposed. Field verification of post-construction infiltration rates must be provided to the City within 30 days after the first rainfall event of 1/2 inch or greater after the Stormwater Infiltration Systems become operational. If infiltration rates are reduced, a plan to restore adequate infiltration must be provided within 90-days of the field verification test. The work required to bring the Stormwater Infiltration System back into compliance be implemented within 60 days of City approval of the plan. Pervious surfaces shall be stabilized with seed and mulch or sod and all impervious surfaces must be completed prior to final grading and planting of the Stormwater Infiltration Systems. C. STORMWATER FACILITY INSPECTION AND MAINTENANCE: A Stormwater Maintenance Plan must be provided for operation and maintenance of all Stormwater Facilities to ensure they continue to function as designed in perpetuity prior to issuance of the Land Alteration Permit. The Stormwater Maintenance Plan must identify and protect the design, capacity and functionality of all Stormwater Facilities. The Maintenance Plan must contain at a minimum: the party(s) responsible for maintenance; access plans; inspection frequency; methods used for field verification of infiltration for Stormwater Infiltration Systems; routine and non-routine inspection procedures; sweeping frequency for all parking and road surfaces; plans for restoration of reduced infiltration for Stormwater Infiltration Systems; and plans for replacement of failed systems, all pursuant to and in accordance with Eden Prairie City Code Section 11.55, Subd. 8. During construction and for two years following completion of construction, Developer shall cause all Stormwater Facilities shall be inspected at a minimum of once annually to determine if the Stormwater Facility(s) is treating stormwater as designed and should occur within 72-hours after a rainfall event of one-inch or greater to verify infiltration. All Stormwater Facilities shall be kept free of debris, litter, invasive plants and sediment. Erosion impairing the function or integrity of the Stormwater Facilities, if any, must be corrected and any structural damage impairing or threatening to impair the function of the Stormwater Facilities must be repaired. The following criteria must be included in the inspection: A storage treatment basin (including retention and detention basins) shall be considered inadequate if sediment has decreased the wet storage volume by 50 percent or dry storage volume by 25 percent of its original design volume. A Stormwater Infiltration System shall be considered inadequate if sediment has accumulated that impairs or has the potential to impair infiltration of stormwater. An underground storage chamber shall be considered inadequate if sediment has decreased the storage volume by 50 percent of its original design volume Based on this inspection, if a Stormwater Facility requires cleanout, the Stormwater Facility shall be restored to its original design and/or the infiltration capacity of the underlying soils must be restored and any surface disturbance must be stabilized within one year of the inspection date. Sediment, debris, litter or vegetation removal in Stormwater Infiltration Systems shall be by hand or with a flat-bottomed shovel or rake during dry periods. Only enough sediment shall be removed as needed to restore hydraulic capacity, leaving as much of the vegetation in place as possible. Any damaged turf or vegetation shall be reseeded or replaced. After the two year period of maintenance, the Developer as the lessee of the Property shall continue to be responsible for maintenance of the Stormwater Facilities. Developer may engage others persons or entities to perform the required maintenance, provided Developer is not relieved from the responsibility hereunder. This shall include inspections at a minimum of once per every five years. Regular maintenance shall be conducted and must include regular sweeping of private streets, parking lots or drive aisles at a minimum of once per year; debris and litter removal; removal of noxious and invasive plants; removal of dead and diseased plants; maintenance of approved vegetation; re-mulching of void areas; replanting or reseeding areas where dead or diseased plants were removed; and removal of sediment build-up. Sediment build-up in above-ground Stormwater Infiltration or Filtration Systems shall to the extent practical be removed by hand. For situations in which hand removal is not practical Developer shall identify in the Maintenance Plan procedures that will be implemented to protect functionality of the Stormwater Facilities. Areas above Underground Systems shall be kept free of structures that would limit access to the System for inspections, maintenance or replacement. D. STORMWATER POLLUTION PREVENTION PLAN (SWPPP): Prior to issuance of a land alteration permit, Developer shall submit to the City Engineer and obtain City Engineer's written approval of Stormwater Pollution Prevention Plan (SWPPP) for the Property. The SWPPP shall include all boundary erosion control features, temporary stockpile locations, turf restoration procedures, concrete truck washout areas and any other best management practices to be utilized within the Project. Prior to release of the grading bond, Developer shall complete implementation of the approved SWPPP. 7. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for irrigation of the landscaped areas on the Property. The irrigation plan shall be designed so that water is not directed on or over public trails and sidewalks. Developer shall complete implementation of the approved irrigation plan in accordance with the terms and conditions of Exhibit C prior to issuance of any occupancy permit for the Property. 8. LANDSCAPE PLAN: Prior to building permit issuance, the Developer shall submit to the City Planner and receive the City Planner's written approval of a final landscape plan for the Property depicting a total of 69 caliper inches. The approved landscape plan shall be consistent with the quantity, type, and size of plant materials shown on the landscape plan on the Plans. Developer shall furnish to the City Planner and receive the City Planner's written approval of a security in the form of a cash escrow, or letter of credit, equal to 150% of the cost of said improvements as required by City Code. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved landscape plan in accordance with the terms and conditions of Exhibit C. Compliance with the landscape plan is required as depicted, unless otherwise approved by the City of Eden Prairie, 9. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan for screening of mechanical equipment on the Property. For purposes of this paragraph, "mechanical equipment" includes gas meters, electrical conduit, water meters, and standard heating, ventilating, and air-conditioning units. Security to guarantee construction of said screening shall be included with that provided for landscaping on the Property, in accordance with City Code requirements. Developer shall complete implementation of the approved plan prior to issuance of any occupancy permit for the Property. If, after completion of construction of the mechanical equipment screening, it is determined by the City Planner, in his or her sole discretion, that the constructed screening does not meet the Code requirements to screen mechanical equipment from public streets and differing, adjacent land uses, then the City Planner shall notify Developer and Developer shall take corrective action to reconstruct the mechanical equipment screening in order to cure the deficiencies identified by the City Planner. Developer agrees that the City will not release the security provided until Developer completes all such corrective measures. 10. OTHER AGENCY APPROVALS: Prior to the issuance of any occupancy permit for the Property, the Developer shall submit to the City Planner, copies of all necessary required approvals issued by other agencies for the project. The agencies issuing such approvals include, but are not necessarily limited to, the following: the Minnesota Pollution Control Agency, Metro Waste Control Commission, Hennepin County, Riley Purgatory Bluff Creek Watershed District, Federal Aviation Authority, and Metropolitan Airports Commission. 11. OWNER'S SUPPLEMENT TO DEVELOPMENT AGREEMENT: The Owner's Supplements to this Agreement executed by and between the City of Eden Prairie and the following are attached hereto and made a part hereof. A. Metropolitan Airports Commission 12. PERFORMANCE STANDARDS: Developer agrees that the Property will be operated in a manner meeting all applicable noise, vibration, dust and dirt, smoke, odor and glare laws and regulations. Developer further agrees that the facility upon the Property shall be operated so noise, vibration, dust and dirt, smoke, odor and glare do not go beyond the Property boundary lines. 13. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City Code, Section 11.70, Developer shall file with the City Planner and receive the City Planner's written approval of an application for a sign permit. The application shall include a complete description of the sign and a sketch showing the size, location, the manner of construction, and other such information as necessary to inform the City of the kind, size, material construction, and location of any such sign, consistent with the sign plan shown on the Plans and in accordance with the requirements of City Code, Section 11.70, Subdivision 5a. 14. SITE LIGHTING: Prior to building permit issuance, Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for site lighting on the Property. Developer shall complete implementation of the approved lighting plan prior to issuance of any occupancy permit for the Property. 15. TRUNK FEES AND MITCHELL ROAD IMPROVEMENTS: Prior to the release of a building permit for the Property, the Developer shall pay trunk sewer and water fees based on 3.04 acres in the amount of$24,408.16. In addition, a building permit for the Property will not be released until, the costs associated with Mitchell Road Improvements shall be paid to the City by the Metropolitan Airports Commission. The maximum amount to be collected for the Mitchell Road Improvements is $ 136,336.33. Collection of these fees and costs are outlined and are in accordance with the Joint Powers Agreement between the City of Eden Prairie and the Metropolitan Airports Commission dated June 19, 2012. 16. TRASH: Developer agrees that all trash, trash receptacles and recycling bins shall at all times be located inside of the building enclosures depicted on the Plans. 17. TRASH ENCLOSURE: Developer has submitted to the City Planner, and obtained the City Planner's written approval of a plan for the design and construction of the outside trash enclosure for the Property. This trash enclosure shall be constructed consistent with the materials and revised plans dated 10/24/16 as reviewed and approved by the City Council, and include a roof, and heavy duty steel gates that completely screen the interior of the enclosure. Developer shall complete implementation of the trash enclosure plan prior to issuance of any occupancy permit for the Property. 18. NO FURTHER DEVELOPMENT OF PROPERTY: No further development of the Property except pursuant to a Site Plan Review process undertaken pursuant to City Code. IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. CITY OF EDEN PRAIRIE By Nancy Tyra-Lukens Its Mayor By Rick Getschow Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2017, by Nancy Tyra-Lukens and Rick Getschow, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public Shingobee Real Estate Company, LLC By Its STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2017, by , the of Shingobee Real Estate Company, a Minnesota limited liability company, on behalf of the company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 EXHIBIT A - DEVELOPMENT AGREEMENT FOR PRESTIGE DAYCARE LEGAL DESCRIPTION That part of the Southeast Quarter of the Southwest Quarter and that part of the Northeast Quarter of the Southwest Quarter of Section 21, Township 116 North, Range 22 West, Hennepin County, Minnesota, described as follows: Commencing at the southeast corner of the Southeast Quarter of the Southwest Quarter of said Section 21; thence South 88 degrees 59 minutes 26 seconds West, assumed bearing, along the south line of the said Southeast Quarter of the Southwest Quarter 619.08 feet; thence North 25 degrees 24 minutes 54 seconds East 130.77 feet; thence North 09 degrees 37 minutes 04 seconds East 298.26 feet; thence North 16 degrees 44 minutes 37 seconds East 484.35 feet; thence North 25 degrees 24 minutes 54 seconds East 69.17 feet; thence North 23 degrees 39 minutes 26 seconds West 28.43 feet; thence North 67 degrees 07 minutes 36 seconds West 331.31 feet; thence north 61 degrees 24 minutes 58 seconds West 90.45 feet; thence North 67 degrees 7 minutes 36 seconds West 212.98 feet to the point of begin of the land to be described; thence continuing North 67 degrees 07 minutes 36 seconds West 73.70 feet; thence North 68 degrees 16 minutes 23 seconds West 227.12 feet; thence North 69 degrees 34 minutes 25 seconds West 30.52 feet; thence North 74 degrees 05 minutes 51 seconds West 62.18 feet; thence South 52 degrees 26 minutes 15 seconds West 43.44 feet; thence South 00 degrees 59 minutes 48 seconds East 186.42 feet; thence South 89 degrees 00 minutes 12 seconds West 4.82 feet more or less to the easterly right of way line of HENNEPIN COUNTY STATE AID HIGHWAY NO. 4, PLAT 60, as filed in the County Recorder's office as Document Number 5060347; thence South 01 degrees 01 minutes 47 seconds East along said right of way line 411.48 feet; thence North 88 degrees 58 minutes 13 seconds East 200.00 feet; thence North 01 degrees 01 minutes 47 seconds West 433.95 feet; thence North 77 degrees 08 minutes 46 seconds East 208.97 feet to the point of beginning. This tract contains 3.04 acres of land. EXHIBIT B - DEVELOPMENT AGREEMENT FOR PRESTIGE DAYCARE PLANS 1. Project Narrative dated 10/11/16 by Westwood Professionals, Inc. 2. ALTA/ACSM Land Title Survey dated 2/18/16 by Westwood Professional Services, Inc. 3. Site Plan Cover Sheet dated 10/24/16 by Westwood Professional Services, Inc. 4. Overall Existing Conditions and Removals Plan dated 10/24/16 by Westwood Professional Services, Inc. 5. Site Plan dated 10/24/16 by Westwood Professional Services, Inc. 6. Overall Grading and Drainage Plan dated 10/24/16 by Westwood Professional Services, Inc. 7. Grading and Drainage Plan dated 10/24/16 by Westwood Professional Services, Inc. 8. Erosion Control Plan dated 10/24/16 by Westwood Professional Services, Inc. 9. Utility Plan dated 10/24/16 by Westwood Professional Services, Inc. 10. Civil Details dated 10/24/16 by Westwood Professional Services, Inc. 11. Landscape Plan dated 10/24/16 by Westwood Professional Services, Inc. 12. Landscape Details dated 10/24/16 by Westwood Professional Services, Inc. 13. Lighting Photometric Plan dated 10/24/16 by Westwood Professional Services, Inc. 14. Architecture Site Plan, Floor Plan, Exterior Elevations, Perspectives, Aerial, and Aerial with Site Plan dated 10/10/16 by Cuningham Group EXHIBIT C - LEASEHOLD OWNER DEVELOPMENT AGREEMENT FOR PRESTIGE DAYCARE I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan (1" =100' scale) showing existing and proposed contours, proposed streets, and lot arrangements and size, minimum floor elevations on each lot, preliminary alignment and grades for sanitary sewer, water main, and storm sewer, 100-year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots, location of walks, trails, and any property deeded to the City. II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. III. Developer shall pay cash park fees as to all of the Property required by City Code in effect as of the date of the issuance of each building permit for construction on the Property. IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof, Developer, for itself, its successors, and assigns, shall not oppose the City's reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. V. Provisions of this Agreement shall be binding upon and enforceable against the Property and the Developer, its successors and assigns of its interest in the Property. VI. Not Applicable. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney in fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VII. MAC has marketable fee title to the Property. Developer has entered into a ground lease to lease for a portion of the Property from Metropolitan Airports Commission and is allowed by the Metropolitan Airports Commission to use the remainder of the Property for landscaping and ponding. Prior to construction, Developer shall provide to the City a current title insurance policy insuring Developer's leasehold interest in the Property. With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: A. That MAC has marketable fee title free and clear of all mortgages, liens, and other encumbrances except that certain lease between Developer and MAC dated August 16, 2016 and except for matters identified on that certain Commitment for Title Insurance issued by Commercial Partners Title, LLC with an effective date of January 24, 2016, file 50852 as supplemented by that certain Second Supplement dated August 25, 2016, issued September 22, 2016. Prior to final plat approval, Developer shall provide to the City a current title insurance policy insuring such a condition of title. B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property, any hazardous substance, hazardous waste,pollutant, or contaminant, including, but not limited to, the defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat., Sec. 115B.01, et. seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the Property, any Hazardous Substances. D. That no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss, costs, damage and expense, including reasonable attorney fees and costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been, used, employed, deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning, and Chapter 12, Subdivision Regulations, of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. IX. Not applicable. Prior to release of the final plat, Developer shall pay to City fees for the first three (3) years' street lighting on the public streets adjacent to the Property (including installation costs, if any, as determined by electrical power provider), gineering review, and street signs. X. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. XI. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees, therefore, that in the event Developer violates, fails, or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. XII. Developer shall, prior to the commencement of any improvements, provide written notice to Comcast of the development contemplated by this Development Agreement. Notice shall be sent to Comcast Cable, 9705 Data Park, Minnetonka, Minnesota 55343. XIII. Prior to building permit issuance, all fees associated with the building permit shall be paid to the Inspections Department, including: Building permit fee, plan check fee, State surcharge, metro system access charge (SAC), City SAC and City water access charge (WAC), and park dedication fee. Contact Metropolitan Waste Control to determine the number of SAC units. XIV. Prior to building permit issuance, except as otherwise authorized in the approved Plans, existing structures, wells and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. XV. Prior to building permit issuance, provide two copies of an approved survey or site plan (1" = 200 scale) showing proposed building location and all proposed streets, with approved street names, lot arrangements and property lines. XVI. The City shall not issue any building permit for the construction of any building, structure, or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. XVII. No failure of the City to comply with any term, condition, covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges. No execution on any claim, demand, cause of action or judgment shall be levied upon or collected from the general credit, general fund or taxing powers of the City. XVIII. Prior to issuance of the first building permit for the Property, Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 1/2 by 6 inch sign or decal reading "Scenic/Conservation Easement Boundary, City of Eden Prairie", will be affixed to the top of the post. XIX. Within 10 days of the approval of the Development Agreement, the Developer shall record the Development Agreement at the County Recorder and/or Registrar of Titles. XX. The City is hereby granted the option, but not the obligation, to complete or cause completion in whole or part of all of the Developer's obligations under this Agreement for which a bond, letter of credit, cash deposit or other security(hereinafter referred to as the "Security") is required if the Developer defaults with respect to any term or condition in this Agreement for which Security is required and fails to cure such default(s) within ten(10) days after receipt of written notice thereof from the City; provided however if the nature of the cure is such that it is not possible to complete the cure within ten (10) days, it shall be sufficient if the Developer has initiated and is diligently pursuing such cure. The Developer acknowledges that the City does not assume any obligations or duties of the Developer with respect to any such contract agreements unless the City shall agree in writing to do so. For purposes of this paragraph it is not a default if Developer does not proceed with physical development of the Property. The City may draw down on or make a claim against the Security, as appropriate, upon five (5) business days' notice to the Developer, for any violation of the terms of this Agreement or if the Security is allowed to lapse prior to the end of the required term. If the obligations for which Security is required are not completed at least thirty (30) days prior to the expiration of the Security and if the Security has not then been renewed, replaced or otherwise extended beyond the expiration date, the City may also draw down or make a claim against the Security as appropriate. If the Security is drawn down on or a claim is made against the Security, the proceeds shall be used to cure the default(s) and to reimburse the City for all costs and expenses, including attorneys' fee, incurred by the City in enforcing this Agreement. XXI. The Developer hereby grants the City, it's agents, employees, officers and contractors a license to enter the Property to perform all City related work and City inspections deemed appropriate by the City in conjunction with this Agreement. XXII. This Agreement is a contract agreement between the City and the Developer. No provision of this Agreement inures to the benefit of any third person, including the public at large, so as to constitute any such person as a third-party beneficiary of the Agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action for any person not a party hereto. XXIII. Not Applicable. Except as specifically authorized by the Director of Public Works, no permit shall be issued for the Property until the Developer has recorded the final plat with Hennepin County Recorder's Office/Registrar of Titles' Office. OWNERS' SUPPLEMENT TO DEVELOPMENT AGREEMENT BETWEEN METROPOLITAN AIRPORTS COMMISSION AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of March 7, 2017, by and between Metropolitan Airports Commission, a Minnesota corporation, ("Owner"), and the CITY OF EDEN PRAIRIE ("City"): For, and in consideration of, and to induce City to adopt Resolution No. for Site Plan Review, as more fully described in that certain Development Agreement entered into as of , 2017, by and between Shingobee Real Estate Company, LLC, a Minnesota limited liability company, and City ("Development Agreement") pertaining to that certain Property described on Exhibit A hereto, Owner agrees with City as follows: 1. If Shingobee Real Estate Company, LLC, fails to commence development in accordance with the Development Agreement and fails to obtain an occupancy permit for all of the improvements referred to in the Development Agreement within 24 months of the date of this Owners' Supplement, Owner shall not oppose the City's reconsideration and rescission of Resolution No. for Site Plan Review, identified above, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. 2. This Agreement and the Development Agreement shall run with the Property and be binding and enforceable against the Property. If the Owner terminates the lease between Shingobee Real Estate Company, LLC and Owner, the Development Agreement shall be binding upon and enforceable against the Property. Neither the Owner nor transferee are required to develop the property in accordance with the Development Agreement. However, Owner or transferee shall obtain such approvals as are required by City Code and the MOU described below to develop the Property in a manner other than as set forth in the Development Agreement. The Memorandum of Understanding Regarding Certain Development Projects At Flying Cloud Airport entered into the 7th day of December, 2010 between Owner and the City (attached hereto as Attachment # 1), provided that no site plan or architectural design review or approval shall be required for an aeronautical use or Aeronautical Development Project on the Property. If Owner converts the Property to an aeronautical use or Aeronautical Development Project the terms and conditions of the Development Agreement shall no longer apply to the Property. 3. If Owner transfers its lessor's leasehold or fee simple interest in the Property, Owner shall obtain an agreement from the transferee requiring that such transferee agree to all of the terms, conditions and obligations of"Owner" in the Development Agreement. IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. METROPOLITAN AIRPORTS COMMISSION By Its STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2017, by , the of Metropolitan Airports Commission, a Minnesota, a political subdivision of the State of Minnesota, on behalf of the Commission. Notary Public CITY OF EDEN PRAIRIE By Nancy Tyra-Lukens, Its Mayor By Rick Getschow, Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2017, by Nancy Tyra-Lukens and Rick Getschow, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 7, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.B. Community Woodland 3rd Addition Development Development/Planning Agreement Amendment Janet Jeremiah/Angie Perera Requested Action Move to: Approve the Second Amendment to the Development Agreement for Woodland 3rd Addition. Synopsis This is a final approval of the Second Amendment to the Development Agreement for Woodland 3rd Addition. The purpose of the proposed amendment is to address tree replacement for tree removal that has occurred on a single-family residential lot for the property located at 6983 Woodland Drive (Lot 1, Block 1, Woodland 3rd Addition). Background The request is being made by the current property owner, Andrei Osinsky, who has submitted a building permit to the City for review for the proposed construction of a single-family home. The existing Development Agreement requires certain tree replacement based on a previously assumed house configuration and foundation placement which has changed since Mr. Osinsky purchased the property. The new configuration and foundation placement necessitates the need to amend the tree replacement requirements within the Amended Development Agreement. Prior to the release or approval of a land alteration permit, five significant trees and one heritage tree was removed from the property to accommodate the new house configuration. The amended development agreement requires the developer to submit and implement a new tree replacement plan which will include six additional trees, each a minimum size of four caliper inches, of a species similar to the trees which were lost. A seventh tree, an elm, was also removed. An elm tree is not a significant tree as defined in City Code and therefore no replacement is required for the elm tree. The property was originally platted as Outlot A of Woodland Addition in 1977. In 2006, Outlot A was platted into a single-family residential lot to allow the outlot to be developed into a single- family residential lot. Prior to recording the new plat it was discovered that the legal description of Lot 1, Block 1, Woodland 2nd Addition already existed. Consequently the plat name was changed to Woodland 3rd Addition. The legal description for the new lot in the plat of Woodland 3rd Addition was changed to Lot 1, Block 1, Woodland 3rd Addition and a first amendment to the Development Agreement was recorded, amending the name of the Original Development Agreement to Woodland 3rd Addition. Attachment Second Amendment to the Developer Agreement WOODLAND 3rd ADDITION SECOND AMENDMENT TO DEVELOPMENT AGREEMENT THIS SECOND AMENDMENT TO DEVELOPMENT AGREEMENT ("Second Amendment") is entered into as of March 7, 2017, by Andrei Osinsky, hereinafter referred to as "Developer," his successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City": WITNESSETH: WHEREAS, Thomas S. Robertson("Robertson"), as Developer and City entered into that certain Development Agreement between the parties dated as of September 19, 2006, recorded September 22,2006 with the Hennepin County Recorder as Document Number 8866725,pertaining to property incorrectly described as Lot 1,Block 1,Woodland 2nd Addition("Original Development Agreement"); WHEREAS, on October 3, 2006 the Official Plat of Woodland 3rd Addition was recorded with the Hennepin County Recorder as Document Number 8877018; WHEREAS,Robertson and the City entered into that certain Amendment to Development Agreement Woodland 3rd Addition dated as of October 3,2006,recorded October 11,2006 with the Hennepin County Recorded as Document Number 8877019 amending the name of the Original Development Agreement to Woodland 3rd Addition and amending the legal description on Exhibit A of the Original Development Agreement to Lot 1, Block 1, Woodland 3rd Addition. The Original Development Agreement and the Amendment to Development Agreement Woodland 3rd Addition are hereinafter referred to as the"Amended Development Agreement"; WHEREAS, the Official Plat of Woodland 3rd Addition contains 1 parcel of property described legally described on Exhibit A hereto as Lot 1,Block 1,Woodland 3rd Addition,Hennepin County, Minnesota, hereinafter referred to as the"Property"; WHEREAS,by deed dated October 2,2006,recorded with the Hennepin County Recorder on October 11,2006 as Document Number 8877021 Thomas S. Robertson and Lucy C.Robertson, husband and wife, conveyed Lot 1, Block 1, Woodland 3rd Addition to Charles T. Roehrick and Terri G. Roehrick; 1 Woodland 3rd Addition Development Agreement Amendment WHEREAS,by deed dated October 22,2015,recorded with the Hennepin County Recorder on November 5, 2015 as Document Number 10255744 Charles T. Roehrick and Terri G. Roehrick conveyed Lot 1, Block 1, Woodland 3rd Addition to Andrei Osinsky; WHEREAS,City and Developer,as successor in interest to the Property,desire to amend the Amended Development Agreement for the Property by this Second Amendment by amending paragraph 10 of the Amended Development Agreement NOW,THEREFORE,the Developer and the City agree to the amendment of the Amended Development Agreement as follows: 1. Paragraph 10 is amended in its entirety as follows: 10. TREE LOSS — TREE REPLACEMENT: In conjunction with the Amended Development Agreement,the City approved a tree replacement plan for the Property. Contrary to the approved tree replacement plan Developer removed five (5) significant trees and one (1) heritage tree from the Property prior to the release or approval of a land alteration permit. Exhibit B-1 attached hereto depicts the previously approved tree replacement plan and further identifies the six (6) trees Developer removed. City requires the Developer to submit and implement a new tree replacement plan which when approved shall replace in its entirety the tree replacement plan identified on Exhibit B-1. Prior to issuance of a building permit for the Property, Developer shall submit to the City Planner and receive the City Planner's written approval of a tree replacement plan consisting of six(6)trees,each a minimum size of 4(four) caliper inches, for a total replacement requirement of 24 caliper inches, of a species similar to the trees which were lost. A seventh tree, an elm,was also removed. An elm tree is not a significant tree as defined in City Code Section 11.55,Subd 2,MM and therefore no replacement is required for the elm tree. Replacement trees shall consist of"certified nursery stock"as defined by Minnesota State Statutes Section 18.46. Prior to the issuance of a building permit for new home construction for the Property, Developer shall enter into a Landscape Agreement with the City and furnish to the City Planner and receive the City Planner's approval of a tree replacement security equal to 150% of the cost of said improvements as required by City Code. Developer shall complete implementation of the approved tree replacement plan prior to occupancy permit issuance for the Property. 2 Woodland 3rd Addition Development Agreement Amendment IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. CITY OF EDEN PRAIRIE By Nancy Tyra-Lukens Its Mayor By Rick Getschow Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 7th day of March,2017,by Nancy Tyra- Lukens and Rick Getschow, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public 3 Woodland 3rd Addition Development Agreement Amendment Andrei Osinsky, Developer By Its STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 7th day of March, 2017, by Andrei Osinsky, the Developer. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 4 Woodland 3rd Addition Development Agreement Amendment EXHIBIT A DEVELOPMENT AGREEMENT — Woodland 3rd Addition Legal Description Lot 1, Block 1, Woodland 3rd Addition, Hennepin County, Minnesota. 5 Woodland 3rd Addition Development Agreement Amendment EXHIBIT B DEVELOPMENT AGREEMENT - Woodland 3rd Addition Tree Replacement Removal/Replacement Plan -nr. \.L_OT PROPERTY DESCRIPTION ION ken aar1 d re hmI,/elt t Wa gOANp no abfllroeaeY, m.pls Came,,.l r ame Reel WAS 9-Y n iced WM ofJc III teem max AD. re $'d ., PROPERTY ADDRESS iwe ale. al.1ale i ,�. y l;, Weedrand owe, .are,er+mfeee r 1 r xvra 00 a - iTi i teem tVita ram uar.WC u l '\ i i�: NOTES y a 10FS 11ac OAK M. ` 1 - 1 eeWY�aaf 3 en Ne saw*Yne dealt l lmniS w ommed C'i f� �.. at e r.r , '.''', . 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N4 1 tAi + r� r y-'• --- 1 ,i r' .•1.! e 11fl,6J i1e.4 SURVEYOR'S CER71FiCATE C44 P r� f I i 9..482e013 6 Saar rem market•unM dat enlelomrn Ow repa2.ree pewed ha me or ueeare rri III I :1 ') l-, nc d 1 mydMeeieeKer�fine,sd lM reel eH0da llwrs.d WO S�ne'ru f-nderiTe u�r eY ix, r�}} Ix.oFtlreS.eeaeWe...a eMel/el at..den mi purpme te eh...he 21'.�"' ; - i_V 1 R e6i ' brmrn.�md:m1,,4.71.UrnanneeeerenimNetympanymar et li➢1H• sown >�nE f/l`r SCALE IN FEET se,.d.n,e MI ea,et MS CAD PILE Srive 30.4.3256. IRE , ® T N0. =ME S ilia,-.l[1 teas Mfg..rRo,mevn.Mflk.Yo-4}9di 6 Woodland 3rd Addition Development Agreement Amendment CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 7, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.C. Community Development/ Planning Code Amendment -Antennas and Towers Janet Jeremiah/Steve Durham as a permitted use in the Town Center, Airport Commercial, Airport Office and Golf Course Zoning Districts Requested Action Move to: • Approve 2nd Reading of the Ordinance amending City Code, Chapter 11 relating to Antennas and Towers as a permitted use in the Town Center, Airport Commercial, Airport Office and Golf Course Zoning Districts. • Adopt Resolution approving the Summary of Ordinance and Ordering the publication of said summary. Synopsis This is the final approval of an ordinance relating to antennas and towers as a permitted use in the Town Center, Airport Commercial, Airport Office and Golf Course Zoning Districts. Attachments 1. Ordinance 2. Resolution 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 7th day of March, 2017. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor Published in the Eden Prairie News on the 16th day of March, 2017. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2017- A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. 2017 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. _-2017 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 7th day of March, 2017. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: A. Ordinance No. _-2017 is lengthy and contains charts. B. The text of summary of Ordinance No. _-2017, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. C. The title and summary shall be published once in the Eden Prairie News in a body type no smaller than brevier or eight-point type. D. A printed copy of the Ordinance shall be made available for inspection by any person, during regular office hours, at the office of the City Clerk, and a copy of the entire text of the Ordinance shall be posted in the City offices. E. Ordinance _-2017 shall be recorded in the Ordinance Book, along with proof of publication, within twenty(20) days after said publication. ADOPTED by the City Council on March 7, 2017. Nancy Tyra-Lukens, Mayor (Seal) ATTEST: Kathleen Porta, City Clerk EXHIBIT A CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE -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: Summary: This ordinance amends Chapter 11 Section 11.27, 11.28 and 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. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2017. (A full copy of the text of this Ordinance is available from City Clerk.) CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 7, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.D. Jay Lotthammer, Director, Purchase FreeMotion Fitness Equipment— Parks and Recreation Community Center Requested Action Move to: Authorize the purchase of twenty-four Freemotion S 11.9 Carbon Drive Indoor Cycles at the Eden Prairie Community Center at a cost of$38,610.03 and the trade-in of twenty-four Freemotion S 11.9 Bikes at a value of$4,320.00. Synopsis The Community Center has a comprehensive equipment replacement plan to ensure equipment remains current and operational within industry standards. Funds have been set aside for the replacement of fitness equipment on an annual basis as the equipment becomes aged and obsolete. The new equipment acquisition will replace twenty-four Freemotion Indoor Cycling S 11.9 Bikes. The bikes currently in use in Studio B and on the fitness floor have deteriorated to the point that replacing them is more cost effective than repairs and maintenance. Attachments Price Quote Trade In Quote FREE DTION FITNESS.. QUOTE RemitTo Contact Territory Manager Quote# FreeMotion Fitness Michael Tupola Steve Koski WFMFQ90253 PO Box 99661 Ph: (435)786-2928 Ph: (952)221-5059 Customer#: Chicago, IL 60693 Fx: (435)786-2629 Fx: (866)662-0386 21946 Quote Created: Jan 27, 2017 SoldTo ShipTo BiliTo Quote Expires: Eden Prairie Community Center Eden Prairie Community Center Eden Prairie Community Center Feb 26, 2017 Attn: Stacy Chouinard Attn: Stacy Chouinard Attn: Stacy Chouinard Quote Terms: 16700 Valley View Rd. 16700 Valley View Rd. 16700 Valley View Rd. CIA Eden Prairie, MN 55346 Eden Prairie, MN 55346 Eden Prairie, MN 55346 United States United States United States Ph: (952)949-8472 Ph: (952)949-8472 Ph: (952)949-8472 Fx: (952)949-8492 Fx: (952) 949-8492 Fx: (952) 949-8492 Qty Model# Description List Price Unit Price Ext. Price 24 FMEX91412 Freemotion s11.9 Carbon Drive $1,950.00 $1,125.00 $27,000.00 Indoor Cycle 24 FMPW17 FreeMotion Power Console $699.00 $399.00 $9,576.00 Subtotal with preferred discount(Before $36,576.00 Additional Savings): Trade-In Discount($2,400.00) -$2,400.00 Subtotal (After Quote Savings): $34,176.00 Tax: $0.00 Install: $3,600.00 Freight: $834.03 Total Units: 48 Total: $38,610.03 Notes/Other Info: • Freight and install: Push Pedal Pull • Old bikes need to be extracted * Quote valid until date listed above. Please sign and return to the contact listed above to place your order. *The FreeMotion Cable Cross, Chest& Shoulder are ADA compliant/wheelchair accessible. A maximum tax credit of$5,000 per year may be applicable. Reference Section 44 of the IRS tax code. Quote# WFMFQ90253 Quote Total: $38,610.03 Signature: Date: Your signature indicates that the EQUIPMENT, COLOR and ADDRESS information on this quote are correct. Please sign and return all pages to the contact listed above to place your order. Thank you for your purchase of FreeMotion equipment. If you have elected to pay any portion of this order with a credit card, your signature on this document will authorize your card to be charged as per our credit card terms and conditions. Charges will appear under the name 'ICON AR' on your credit card statement. Product Colors Summary * Quote valid until date listed above. Please sign and return to the contact listed above to place your order. * The FreeMotion Cable Cross, Chest& Shoulder are ADA compliant/wheelchair accessible. A maximum tax credit of$5,000 per year may be applicable. Reference Section 44 of the IRS tax code. FREEMOTION FITNESS TERMS AND CONDITIONS The goods listed on the face of this Customer Order have been sold to you("Buyer")subject to the terms and conditions set forth herein,all of which you agree to by your acceptance of such goods.Additionally,all future orders placed by FreeMotion Fitness("FMF")will be accepted only on the following terms and conditions,all of which you,as Buyer,accept and agree to by the placement of such orders. 1.Prior Written Contract.To the extent that these terms and conditions are covered by a prior written contract signed by FMF and Buyer,the terms and conditions in that contract are intended to govern,excepting terms of payment,which shall be governed by the installment sale provisions on the face of the Customer Order.To the extent that the order being supplied by this invoice is not expressly covered by a prior written contract,this invoice contains all of the terms and conditions with respect to the sale and purchase of the goods named herein.If any of the provisions of the Buyer's purchase order or other unsigned writings are in conflict with the terms and conditions of this invoice,the terms and conditions of this invoice shall govern. 2.Buyer's Duty to Inspect and Claims for Loss or Damage in Shipping.Buyer must immediately inspect all goods for shortages,conformity with order and defects.All goods claimed to be defective shall be held for inspection by FMF.Claims for shortage or deductions for erroneous charges must be presented within fifteen(15)days after receipt of the goods or they will be disallowed.No goods will be taken back and credited or replaced unless authorization for return has been given by FMF's Customer Service Department.Claims for goods damaged in shipment must be made directly with the carrier. 3.Acceptance of Goods and Returns.Buyer shall be deemed to have accepted all goods covered by this invoice if Buyer fails to reject and return the goods within fifteen(15)days of the receipt of goods.If Buyer chooses to reject any of the goods covered by this invoice,for whatever reason,Buyer must first notify FMF.No returns will be accepted after(15)days from receipt of goods or received by FMF over thirty(30)days after initial delivery to buyer.Buyer agrees to pay FMF(a)restocking fee of 20%of the sales price of the returned items,and(b)all shipping charges,including return shipping costs. 4.Deliveries.The acceptance of shipment by the Buyer when the goods are delivered by a common carrier,licensed public Driver,Buyer's own or leased carrier,or by FMF's own or leased carrier shall constitute a delivery. (a)In the instance of goods held subject to the Buyer's instruction,or for which the Buyer has failed to supply shipping instructions,or in any case where FMF,in its sole discretion,determines that any part of the goods purchased by the Buyer should be held for Buyer's account,FMF may invoice the goods and Buyer agrees to make payment at the maturity of the invoice so rendered.Goods invoiced and held at any location for whatever reason shall be at Buyer's risk and FMF may charge for insurance and storage at prevailing rates. (b)No freight,express or delivery charges shall be subject to discount. (c)Delivery of a quantity which does not vary more than ten percent(10%)greater or less than the quantify ordered shall constitute compliance under the Customer's Purchase Order. (d)Partial delivery shall be accepted by the Buyer and paid at contract terms and prices.All sample requirements furnished on this order shall be charged for by FMF and paid for by the Buyer.Delay in delivering samples or other sample requirements shall not constitute a breach of this invoice.Delivery or tender of delivery of any installment within fifteen(15)days after the time specified therefore shall be deemed timely delivery.Thereafter, shipment or tender of delivery prior to receipt of written cancellation shall constitute good delivery.Any defect in quality or delays in delivery shall not affect the balance of this invoice.Any delivery not in dispute shall be paid for on the due date,without offset,defense or counterclaims and regardless of controversies relating to other delivered and undelivered merchandise.Where the Buyer has declared or manifested an intention that it will not accept delivery in accordance with the provisions of this invoice,no tender shall be necessary but FMF may at its option give notice in writing to the Buyer that FMF is ready and willing to deliver in accordance with the provisions of the invoice and such notice shall constitute a valid tender of delivery. 5.Time of the Essence.FMF shall not be liable for default in delivery or delays in shipment for any cause beyond FMF's reasonable control.Buyer requested changes may result in additional charges.FMF will refund Must On Service charges if date requested cannot be met. 6.Risk of Loss.Buyer bears the risk of loss for any specialty items or goods ordered and not readily saleable by FMF to other parties from the time they leave FMF's facilities and are placed with a carrier for shipment to Buyer.Risk of loss as to other goods will be governed by applicable provisions of the Utah Uniform Commercial Code.If a shipment is made FOB shipping point or if,at Buyer's request,freight is prepaid by FMF and invoiced to Buyer,Buyer bears all risk of loss for all goods covered by this invoice from the time they are placed with the carrier by FMF. 7.Purchase Money Security Interest.If the goods described on this invoice are delivered to Buyer without full payment therefore or through the extension of any credit by FMF to Buyer,FMF retains and Buyer hereby grants FMF a purchase money security interest in and to all the goods covered by this invoice to secure the payment of all amounts due hereunder,including principal,interest,freight charges and other expenses incurred by FMF in connection with the sale of the goods and collection of the amount due hereunder.The purchase money security interest granted herein shall be automatically perfected without filing pursuant to the Utah Uniform Commercial Code.Upon any default by Buyer under this invoice,FMF may declare immediately due and payable all amounts secured hereby. 8.Future Orders Placed with FMF.Future orders placed by Buyer with FMF shall be placed by Buyer and accepted by FMF subject to the terms and conditions contained herein,irrespective of any provisions contained in buyer's purchase orders.Upon FMF's acceptance of an order by Buyer,such order shall be non-cancelable. 9.Credit and Default.FMF may,at any time and from time to time,in it's sole discretion modify or cancel the credit of Buyer as to time and amount,and as a consequence may require and demand payment in cash before delivery of any unfilled portion of an invoice.Buyer shall be in default hereunder upon the occurrence of any of the following: (a)Buyer fails to make payments when due; (b)Buyer fails to perform any other obligations as required hereunder or under the invoice; (c)Buyer becomes insolvent or makes any assignment for the benefit of creditors or a proceeding is initiated against Buyer alleging that Buyer is insolvent or is unable to pay Buyer's debts as they mature. (d)The issuance of an attachment or garnishment or the filing of a lien against any of the goods subject hereof;or (e)FMF shall deem itself insecure and Buyer fails to provide FMF with adequate assurance of Buyer's ability to perform. 10.Remedies.FMF shall be entitled to all the remedies of a secured party and seller under the Utah Uniform Commercial Code.Additionally,FMF shall be authorized and Buyer hereby grants FMF permission to enter upon any premises,leased or owned by Buyer,to recover possession of any goods received by Buyer from FMF for which FMF has not received payment. 11.DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT FMF MAKES NO EXPRESS OR IMPLIED WARRANTIES OF FITNESS OR OF MERCHANTABILITY OR OF ANY OTHER KIND WHATSOEVER EXCEPT AS TO THOSE EXPRESS WARRANTIES GOVERNING THE PRODUCT SOLD.BUYER ASSUMES ALL THE RISK OF LIABILITY WHATSOEVER RESULTING FROM THE USE OF SUCH GOODS WHETHER USED INDIVIDUALLY OR IN COMBINATION WITH OTHER GOODS OR SUBSTANCES.FMF's LIABILITY FOR BREACH OF EXPRESS WARRANTY OR NONCONFORMING GOODS IS EXCLUSIVELY LIMITED,AT FMF's OPTION,TO REPLACEMENT OF THE DEFECTIVE GOODS OR RETURN OF THE PURCHASE PRICE OF SUCH GOODS AND UNDER NO CIRCUMSTANCES SHALL FMF BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. 12.Limitation on Actions.Any action initiated against FMF by Buyer for breach of any alleged contract of sale must be commenced within one(1)year after the accrual of the cause of action. 13.Shortaaes.When in the opinion of FMF there is a period of shortages of supply or transportation for any reason,FMF may allocate its available supply among any and all of its various customers upon such basis as it shall deem fair and practical,with no liability on its part for failure to deliver the quantity or any portion therein specified. 14.Attorney's Fees and Costs of Collection.In the event Buyer fails to pay the invoice amount within the time specified or materially breaches any other provision of this invoice,Buyer shall be liable to pay all reasonable attorney's fees,court costs and other related collection costs and expenses incurred by FMF prosecuting its rights hereunder. 15.Governina Law and Jurisdiction.This invoice,and all other matters relation hereto,including any matter or dispute arising out of the sale of the goods subject hereto,shall be interpreted,governed,and enforced according to the laws of the State of Utah,and Buyer hereby consents to the exclusive jurisdiction of the First Judicial District Court in and for Cache County,State of Utah,to resolve any such disputes. 16.Amendments.This invoice may be amended at any time upon agreement of the parties hereto,which amendment(s)must be reduced to writing and signed by all parties in order to become effective.No waiver by FMF of any default or provision hereof shall be deemed a waiver of any other default or provision. 17.Taxes.All taxes and excises of any nature whatsoever now or hereafter levied by any governmental authority,whether federal,state or local,either directly or indirectly,upon the sale,use or transportation of any goods sold hereunder shall be paid and borne by Buyer. * Quote valid until date listed above. Please sign and return to the contact listed above to place your order. * The FreeMotion Cable Cross, Chest& Shoulder are ADA compliant/wheelchair accessible. A maximum tax credit of$5,000 per year may be applicable. Reference Section 44 of the IRS tax code. Proposal 71PUSH.PEDJkPULL Nu 1 the exercise equipment experts Prepared b Mike Williams Email: mwilliams@pushpedalpull.cor 9401 73rd-Brooklyn Park, Suite 100 MN 55428 Phone: 612-240-1534 Phone: 952-697-1202 Fax: 952-746-4844 Mobile 612-240-1534 SHIP TO INFO ATION BILL TO INFORMATIi Company: Eden Prairie Community Center Company: Eden Prairie Community Center Location Contact: Stacy Schouinard Purchaser Contact: Stacy Schouinard Address: 16700 Valley View Rd Address: 16700 Valley View Rd City: Eden Prairie City: Eden Prairie State: MN Zip Code: 55346 State: MN Zip Code: 55346 Location Phone: Cell: Purchaser Phone: Location Fax: Purchaser Fax: Additional Contact: Email: Alternative Phone: Additional Info: Date: Version: PO# Layoui EXEMPT# Expected Delivery Date: 2/15/2017 1 OO Yea No ❑ ASAP PRODUCT INFORMATION QTY BRAND Description Frame Pads AGE Price per unit Extend Price 24 FreeMotion S 11.9 Chain Drive Spin Bikes $180.00 4,320.00 Equipment Total: $ 4,320.00 Special Instructions&Notes Trade In: Factory Freight: Delivery/Installation: Disposal Fee: Subtotal: $ 4,320.00 Tax: INVOICE#: Maintenance Agreement: Authorized Signature: Date: Total: $ 4,320.00 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 7, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.E. Bill Olmschenk, Parks Accept Bids and Award the Contract for Construction Supervisor, Parks 2017 Holasek Hill Park Tennis Court and Recreation Rehabilitation Project to Northwest Asphalt, Inc. Motion Move to: Accept bids and award the contract for the Tennis Court Rehabilitation at Holasek Hill Park to Northwest Asphalt, Inc. in the amount of$78,109.00. Synopsis Holasek Hill Park tennis courts were constructed in 1993. The courts have numerous structural cracks and surface flaking. They are becoming un-level and potentially unsafe. The cracks are too large to fill and recoat. The best option is to tear out the existing bituminous; regrade, compact, repave, and recolor coat. Background The scope of this project is to tear out the existing bituminous, regrade, compact, and repave. Clean and wash surface as required, fill all cracks with acrylic patch binder, patch, as needed for proper drainage. Apply a 4-coat color system using acrylic resurfacer with filler and acrylic Color with filler. The courts will be lined for four USTA doubles tennis courts. The staff estimate and budget on this project was $100,000. The funding for this rehabilitation project comes from the Capital Improvement Program, Capital Maintenance and Reinvestment funding under the Parks and Recreation Department. Bid Summary and Recommendation The summary of the bids submitted is as follows: Northwest Asphalt, Inc. $78,109.00 Minnesota Roadways $89,999.34 DMJ Asphalt $97,159.71 Bituminous Roadways, Inc. $102,334.30 Plehal Blacktopping $122,106.00 Barber Construction $141,354.75 Attachments Bid Summary Form of Contract FORM OF CONTRACT THIS AGREEMENT, made and executed this 7th day of March, 2017,by and between City of Eden Prairie, hereinafter referred to as the CITY, and Northwest Asphalt, Inc, hereinafter referred to as the CONTRACTOR, WITNESSETH: CITY and CONTRACTOR, for the consideration hereinafter stated, agree as follows: I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of the Plans and Specifications prepared by the Parks and Natural Resources Services referred to in Paragraph IV, as provided by the CITY for: 2017 Holasek Hill Park Tennis Court Rehabilitation Project CONTRACTOR further agrees to do everything required by this Agreement and the Contract Document. II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in the office of the Park Project Supervisor. III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents. IV. The contract Documents consist of the following component parts: (1) Legal and Procedural Documents a. Advertisement for Bids b. Instruction to Bidders c. Accepted Proposal d. Contract Agreement e. Contractor's Performance Bond f. Contractor's Payment Bond (2) Special Conditions (3) Detail Specifications (4) General Conditions (5) Plans (6) Addenda and Supplemental Agreements The Contract Documents are hereby incorporated with this Agreement and are as much a part of the Agreement as if fully set forth herein. This Agreement and Contract Documents are the Contract. V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the following schedule: or in accordance with the Contract Documents. VI.This Agreement shall be executed in two (2) copies. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the date first above written. In Presence of: CITY OF EDEN PRAIRIE, MN By Its City Mayor And Its City Manager CONTRACTOR In Presence of: By Title And Title BID OPENING FOR 2017 Holasek Hill Park Tennis Court Rehabilitation Project 10:00 A.M., Thursday, Feb 23,2017 FIRM NAME 5%BID R.C.V Form TOTAL BID AMOUNT Math Check BOND Northwest Asphalt, Inc X X $78,109.00 X Minnesota Roadways X X $89,999.34 X DMJ Asphalt X X $97,159.71 X Bituminous Roadways, Inc. X X $102,334.30 X Plehal Blacktopping X X $122,106.00 X Barber Construction X X Bid$141,317.75 Check$141354.75 X CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 7, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.F. Bill Olmschenk, Parks Construction Supervisor, Award Contract for Outdoor Center Play Parks and Recreation Equipment to Webber Recreational Design Requested Action Move to: Award the contract for playground equipment at Outdoor Center Playground to Webber Recreational Design in the amount of$30,000. Synopsis City staff utilized a Request for Proposal (RFP)process to select the design for play equipment at the Outdoor Center. The RFP establishes a maximum dollar amount for the project purchase/installation. All vendors who are interested in submitting a design for the park project must meet the basic RFP parameters. In addition,the design must fit within the defined physical space allowed and the vendor must provide a qualified lead person to oversee and assist with the installation of their equipment by city park staff. The city received submittals from six vendors for the new play equipment at the Outdoor Center. The six plans were reviewed by staff and the top two choices were sent back to the respective vendors with requests for changes and updating. Once the revised plans were submitted, the design by Webber Recreational Design, Inc. was chosen as staff's top choice. Funding for the play equipment work will come from the Park Improvement Funds. The total project budget is $30,000. Background The Outdoor Center Master Plan was created in 2016 and the plan shows a nature Play Equipment area located near Animal Junction. Attachments Form of Contract Request for Proposal Proposal Site Design FORM OF CONTRACT THIS AGREEMENT, made and executed this 7th day of March, 2017, by and between City of Eden Prairie hereinafter referred to as the "CITY", and Webber Recreational Design, Inc, hereinafter referred to as the "CONTRACTOR", WITNESSETH: CITY AND CONTRACTOR, for the consideration hereinafter stated, agree as follows: I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of the Plans and Specifications prepared by the Parks and Recreation Department referred to in Paragraph IV, as provided by the CITY for: Outdoor Center Play Equipment CONTRACTOR further agrees to do everything required by this Agreement and the Contract Document. IL CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in the office of the City Engineer. The aggregate sum of such prices, based on estimated required quantities is estimated to be $30,000.00. III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents. IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents a. Request for Proposal b. Instruction to Bidders c. Accepted Proposal d. Contract Agreement e. Contractor's Performance Bond—if needed £ Contractor's Payment Bond—if needed (2) Special Conditions (3) Detail Specifications (4) General Conditions FC-1 (5) Plans (6) Addenda and Supplemental Agreements The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the following schedule: or in accordance with the Contract Documents. VI. This Agreement shall be executed in two (2) copies. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the date first above written. In Presence Of: CITY OF EDEN PRAIRIE, MN. By Its City Mayor And Its City Manager CONTRACTOR In Presence Of: By Title And Title FC-2 REQUEST FOR PROPOSAL CITY OF EDEN PRAIRIE Outdoor Center Playground 13765 Staring Lake Parkway I. GENERAL INFORMATION A. OBJECTIVE The purpose of the Request for Proposal (RFP) is to obtain site plan design concepts and bids to include the purchase of playground equipment, and installation supervisor for supplied crew for the playground site at Outdoor Center, 13765 Staring Lake Parkway. This site is used daily by the Eden Prairie Elementary Schools for class field trips. The primary age group is 5-9 years old. We want to enhance their Outdoor Center experience with some nature themed climbing or independent play features. B. ISSUING OFFICE The RFP is issued by the City of Eden Prairie. All correspondence regarding the RFP must be addressed to: Bill Olmschenk, City of Eden Prairie, Park Maintenance, 15150 Technology Drive, Eden Prairie, MN 55344. C. CONTRACT ADMINISTRATOR All communications concerning the contract should be directed to Bill Olmschenk, City of Eden Prairie, Park Maintenance, 15150 Technology Drive, Eden Prairie, MN 55344, phone 952-949-8536. D. INCURRING COSTS The City of Eden Prairie is not liable for any cost incurred by the prospective firms prior to the signing of the contract. E. PROPOSALS To be considered, each firm must submit a complete response to this RFP, using the format provided in Section III. The proposal must be signed in ink by an official authorized to bind the submitter to its provisions. The proposal must include a statement as to the period during which the proposal remains valid. This period must be at least sixty(60) days from the due date for this proposal. F. ACCEPTANCE OF THE PROPOSAL CONTENT Failure of the selected consultant to accept these obligations may result in cancellation of the award. G. SELECTION PROCESS Responses to this RFP will be evaluated based on a three-step selection process: 1. Staff will review the firm's response to the RFP, including either a model of the proposed project, a graphic artists' rendition of the project or a computerized drawing of the proposed project and determine if the proposal meets all criteria for consideration. 2. A park and recreation meeting will be held so staff can review the proposed play area. Comments will be forwarded to the Parks, Recreation and Natural Resources Commission and City Council. 3. The Park Department Management will review the proposals and will award the contract. H. PROPOSAL RECEIPT Proposals must arrive at City of Eden Prairie, Park Maintenance Facility, 15150 Technology Drive, on or before 3:00 P.M.,January 20,2017. 1 I. RIGHT TO REJECT BIDS The City of Eden Prairie reserves the right to award the total proposal, to reject any and all proposals in whole or in part, and to waive any informality or technical defects, in the City's judgment. In determination of award, the qualification of the proposal submitter, the conformity with the specifications of services to be supplied and delivery terms will be considered. J. COST LIABILITY The city assumes no responsibility or liability for costs incurred by the firms prior to the signing of this agreement. K. 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 with the limits of the property. Any repairs or restorations required outside the property limits due to the Contractor's carelessness shall be repaired by the Contractor at his expense. L. AWARD OF CONTRACT The City of Eden Prairie will award one contract for this entire project to the responsible bidder submitting a bid meeting all performance and required criteria as set forth in the Request for Proposal and the associated documents, plans and specifications. M. 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. N. 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. O. 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., to remain which are affected by the work shall be repaired and restored to an original and functional condition. P. 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 to receive it, such materials shall be properly stored elsewhere at the Contractor's expense and adequate insurance coverage provided for off-site storage. Q. STORAGE OF MATERIALS ON OR OFF-SITE Contractor shall provide storage as required to protect and preserve all materials stored at the site. Materials are not to be stored directly on the ground. Storage of materials is to be confined to areas designated by the City. Owner shall not sign for or be responsible for materials delivered to the site. 2 R. WORKING HOURS Working hours shall be from 7:00 a.m. until 7:00 p.m., Monday through Friday unless approval has been made with the Owner to work otherwise. S. 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 soil, shall be removed and disposed of in a manner satisfactory to the City. II. INTERVIEW Selected firms will present in more detail the proposal to the Park and Recreation Staff. Staff will make a recommendation to the City Council. The City Council will award the bid at their March Council Meeting. III. SPECIFICATIONS A. Structure shall meet the age-related design criteria and be suitable for 5-12 year olds. The area in this location is partially wooded and approx. a 30 foot by 30 foot area. It can be adjusted if needed for desired play features. B. The main theme at this site is to be "nature, rocks, woods, or outdoor cabin themed." The site consists of old cabins, gardens, trails, trees, and a lake. C. Amenities shall include, but not be limited to numerous independent events; freestanding climbers, ladders or climbing nets, play panels, etc. Please provide footing details for each event as it will come into design on this project. D. Site shall have signage information appropriate to the structure area. IV. PROPOSAL A. PROPOSAL FORMAT The firm will be responsible for submitting a written proposal listing each piece of equipment and cost for that piece of equipment, and installation supervisor. The proposal must also include either a graphic design, computer enhanced drawing or model of the project being proposed. B. FEE QUOTATIONS The fee proposal of up to but not exceed $30,000 for the project will include all costs associated with the project, including all equipment, structures, and supervision of the installation. Each firm is requested to provide the maximum amount of play activities for that fee. 3 C. SUBMITTAL REQUIREMENTS Each of the following items shall be considered an integral part of the Bidder's proposal and shall be submitted to the Owner on or before the bid date and time as stated on the Proposal Form: 1. Two copies of a completed and signed Proposal Form. 2. List of all equipment included in the plans,with quantities and part numbers. 3. Two copies of a play area equipment layout drawing to scale showing layout, safety zones, accessibility,border and outside dimensions. Each bidder is responsible to design a plan that follows the equipment list enclosed. 4. One bound notebook or plan size sheet of all components and features specific to the project. 5. One complete copy of all warranty information. 6. The Bidder shall indicate all deviations from the specifications. 7. Provide a letter from the manufacturer or an independent consulting firm stating all equipment meets the current ASTM F1487 standard. 8. Supply an on-site installation supervisor to assist the owner-supplied labor and/or volunteers. The supervisor shall be an experienced play equipment installer. The supervisor bid shall be for a lump sum total for one (1) supervisor for the days needed, for eight(8)hours per day on-site including all travel and overnight expenses. Adjustments to the total shall be on a per hour basis,per supervisor and an hourly rate indicated on the bid. D. SITE REVIEW Consultants submitting bids may visit the site and should contact Bill Olmschenk, Park Construction Supervisor at 952-949-8536 to arrange an inspection tour of the site. E. REGULATORY COMPLIANCE All equipment provided and all areas around and between equipment must comply with most current Consumer Product Safety Commission (CPSC) guidelines and The American Society for Testing and Material (ASTM) standard. It is the responsibility of each bidder and manufacturer to be aware of these guidelines. Please list all deviations where you do not comply totally and explain each in detail when submitting the proposal. Equipment that requires labor intensive measures or modifications, after installation, such as the cutting of bolts off, to bring the equipment into conformance with CPSC and ASTM will not be accepted. As recommended by CPSC, a project specific maintenance manual shall be provided at the end of the project. 4 F. PROJECT PHASING The Parks and Recreation Department staff is challenging various playground manufacturers to use their professional expertise and creativity to develop a unique playground at our Outdoor Center. G. TIME TABLE 1. Proposal submittal deadline—January 20, 2017, before 3:00 p.m. 2. Review by Park and Recreation Staff—Before January 31, 2017, 3:00 p.m. 3. Award by the City Council—March, 2017 4. Delivery of playground for installation—mid to late June H. OWNER RESPONSIBILITY TO PROJECT 1. Site prep or fill placement, grading and leveling. The site is next to water and very soft soils. We may be building above ground and adding fill to get above the ground water level for play equipment footings. 2. ICWC crew (Institution/Community Work Crew) to install equipment 3. Purchase and installation of drain tile 4. Purchase and installation of drainage rock 5. Purchase and installation of drainage fabric 6. Purchase and installation of engineered wood fiber 7. Finish grading and seeding 8. Border edging concrete if applicable NOTE: Remember to attach Signed Proposal Form to drawing submittals 5 PROPOSAL FORM Play Structure Outdoor Center Playground City of Eden Prairie Bill Olmschenk, Park Construction Supervisor Eden Prairie Parks Maintenance 15150 Technology Drive Eden Prairie, MN 55344 Play equipment $ Installation Supervisor $ Grand Total (Not to exceed $30,000) $ City Representative authorizing acceptance Contractor Authorized Signature or bid and commencement of construction according to specifications Name (Type or Print) Company Name Title Address City State Zip Telephone Number Date 6 ► Webber 1442 Brooke Court•Hastings,MN 55033-3266 (651)438-3630•Fax:(651)438-3939 ��- Recreational Design, Inc. (800 rrec.c53 www.(651)4rec.co 9 tXtf`� February 28, 2017 City of Eden Prairie ATTN: Bill Olmschenk 15150 Technology Drive Eden Prairie, MN 55344 Bill, Below is the pricing for the Rocks and Ropes system for the Outdoor Center (Option 7). The Rocks and Ropes playground utilizes an area of 38'10"x 39'2". Total Equipment Cost $ 26,800.00 Delivery to Eden Prairie, MN 3,200.00 Total Delivered Equipment Cost $ 30,000.00 Please contact me with any questions you might have about the project. Sincerely, Jay Webber WEBBER RECREATIONAL DESIGN Inc. •Park&Playground Equipment•Playground Safety Surfacing•Waterslides&Aquatic Play•Park Shelters&Gazebos• •Site Furnishings,Tables,Grills,Benches•Bleachers&Player Benches•Basketball Goals•Outdoor Pool Furniture• • • .P0*SOK ... .. . -.-- w 5 41114. 4 •. • L L._ ft K ..-/ .. -----1-,-.-,, .Pqr 1... -- r . -tits . .7_ • -4 ,..• . . . . ,,,,,,,,,,... ....• . • - . . .. . • • _ . Ir. . ' .1. • . . .. .. .. . . _ . . . . • . . .. • . ...504, -. t I 414littib- 4.L' ti- { • "Nrop.:4)1111illitab Kiri. _ . . 41111111m." .. " _ ..: ... •;',K 1• ...• :f.. ...?.. • .• . . • *Ili . . • . .. i 4.4 . • • • . • . - • ; ... .. J • 1....-; 1 T •. . . • • •• • . • - • . • . .W.. • • • . i . .._ • .. . Y '. 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Ai :- .• • . • • • . . •I• .... _ • . . • •. • .. . • I .. . .;.)0. a -NIC . rb i IA .. ._ li '.‘ . . • . - -. . • - • • .. . • . r RI • Villi P • e• • •.._.. - .. . . _ . • • -•NI lit it Ir •Igro ; br k., ..,... . . • .,... - . .. • : •• „ , .... .._ . - 41 Itlit • 4. .._ • • .., : . . ... _ 1 fiii4 . 4. II ii, 16 ill if:'. .--.77 . f Jf 1 r . illhr.. kot . III °.114Lik I ill.v : :. -: .. : Uti-P-'s arks ;.t .761:0 •I' • . •~r . ' ', 1 r ' - y s J , ' '" + •- L • r•R 'l •1' _ ' _ l I + Ili rli IL • 11 • • - ` - • , ' ' .. , •• ' 1 r .y - I• '1 _ - - j•• ` a ' , - • - • y T CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 7, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.G. Matt Bourne, Parks and Natural Resources Manager Accept Quotes and Award Contract for Hidden Ponds Park Fencing Project Requested Action Move to: Accept quotes and award the contract for the Hidden Ponds Park Fencing Project to Century Fence Company in the amount of$25,670.00. Synopsis The City put out a Request for Quotes on two fencing projects we had budgeted this year. The Hidden Ponds Park project will be to install a new backstop and side fencing at the baseball field. Two contractors submitted quotes with the low quote belonging to Century Fence Company. Background The existing backstop fencing at Hidden Ponds Park was installed over 25 years ago and does not meet current safety and playing standards. The lack of side fencing on the field has also been an issue and is the only field of this size used for games that does not have side fencing. Quote Summary The summary of the quotes submitted is as follows: Bidder Base Bid Amount Century Fence Company $25,670.00 Action Fence, Inc. $58,150.00 Funding for the construction work will come from the Capital Improvement Program (Capital Maintenance and Reinvestment Fund). The project is anticipated to be completed by the end of April. Attachments Standard Agreement for Contract Services with Century Fence Exhibit A of Standard Agreement Century Fence Quote Standard Agreement for Contract Services This Agreement ("Agreement") is made on the 7th day of March, 2017, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Century Fence Company, a Minnesota company (hereinafter "Contractor") whose business address is P.O. Box 277, Forest Lake, MN 55025. 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 Installation of Backstop, Side Fencing and Concrete Pads for Players Benches at Hidden Ponds Park 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 March 7, 2017. The Work shall be completed by April 21, 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 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. Remove existing fencing, concrete and site amenities. 5. Compensation for Services. City agrees to pay the Contractor a fixed sum of $25,670.00 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 Scott Roush 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: Century Fence Company PO Box 277 Forest Lake, MN 55025 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: Matt Bourne 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 BALLFIELD FENCING Fencing materials and accessories shall be for commercial and industrial use, as listed below, and as shown on the Plans. A. Submittals The Contractor shall present the fence manufacturer's certification prior to installation indicating that the material meets the required specifications and has a 15 year warranty from the date of purchase against rust and corrosion. B. General Federal specifications RR-F-191, AASHTO M 181, and the ASTM standards listed below shall apply. C. Materials a. Chain Link Fabric All fabric shall be galvanized zinc coated wire, Class 1-1.2 oz/sf per ASTM A392 or aluminized coated wire, Class 2-0.4 oz/sf per ASTM A491 chain link fabric with a core wire tensile strength of 75,000 psi, and inscribed in such a manner to identify the manufacturer, type of product, and country where made. The fencing fabric shall be a 2- inch diamond mesh with a galvanized steel core wire. The core wire diameter shall be 0.192 inches (6 gauge) for the bottom 6 feet of the backstop section and 0.148 inches (9 gauge) for all other fencing. The height of the chain link fabric shall be 6 feet, 8 feet, or 12 feet as indicated on the Plans with selvage of fabric knuckled at top and bottom, unless noted otherwise. b. Steel Fence Framing Vertical fence posts, foul poles, and horizontal rails shall be ASTM F1043 Group IA high strength steel pipe, standard weight Schedule 40, minimum yield strength of 30,000 psi, produced to conform to ASTM F 1083, hot-dipped galvanized, internal coating Type A, external coating Type A. Vertical intermediate line posts shall have a 2.375-inch O.D. Vertical terminal, corner, pull, and backstop section posts shall have a 2.875-inch O.D.. The use of pull posts is required every 500 feet for fence heights up to 8 feet. Foul poles shall have a 4-inch O.D., 15 feet high, and be powder coated white. Horizontal top rails shall be 1.66 inches O.D. and installed in 21 foot lengths. Horizontal middle,bottom, and brace rails shall be 1.66 inch O.D. pipe. c. Fittings and Component Parts All fitting and other appurtenances shall be galvanized steel unless otherwise indicated and manufactured in accordance with ASTM F626 to match framing. Post caps shall be formed from pressed steel, cast iron, or aluminum alloy. Caps shall provide a weather tight closure to prevent moisture from entering into the posts. Provide one cap for each post and foul poles. Where top rail is used, provide post caps with loops that permit passage of top rail. Rail ends shall be formed from pressed steel, cast iron, or aluminum alloy. Rail ends shall provide a secure connection of the top rails to the terminal and corner posts and brace other rails to terminal, corner, and line posts. Top rail sleeves shall be used to connect the top rails to allow for expansion and contraction of the top rail, minimum 7 inch length. Brace and tension bands shall be pressed steel, minimum 300° profile curvature for secure fence post attachment. Tension bars shall be one piece lengths equal to 2 inch less than the full fabric with a minimum cross section of 3/16 inch x 3/4 inch. Provide tension bars where chain link fabric meets terminal posts. Truss rods and brace bands shall be steel rods used for fabric height of 6 feet and over. The truss rod shall be 0.375 inch diameter and use turnbuckles for applying tension. Beveled brace bands made from 12 gauge pressed steel shall be used to secure rail end caps and turnbuckles to terminal posts. Wire ties shall be 9 gauge core aluminum. Boulevard clamps shall be made from pressed steel two piece construction and sized to fit the line posts. Bolts for bands shall be 0.3125 inch x 1.25 inch galvanized carriage bolts with hex nuts. D. Construction All fencing shall be installed in accordance with MnDOT 2557.3 and manufacturer's instructions. 1. Site Preparation The location of fence lines and terminal posts shall be staked by the Contractor and approved by the City prior to construction. All underground utility locations and other underground structures shall be located. Post locations shall be field adjusted to avoid conflict with underground structures. Before installing chain link fence all necessary site clearing and grading shall be performed. 2. Installation a. Post location Space line posts equal-distant at intervals indicated in the drawings and as follows: all posts shall have a maximum spacing of 10 feet apart on center. Measure the interval parallel to the grade of the proposed fence line and in line of the fence from center to center. Set terminal posts at the beginning and end of each stretch of fence and at 30° or more changes in vertical and horizontal directions. b. Post setting All posts and poles shall be plumb and in line and approved by the City. If posts and poles are deemed to be un-plumb or out of line in the opinion of the City, the Contractor shall remove and reinstall all un-plumb and out of line posts and poles at no additional cost to the City. Line posts shall be driven 48 inches below grade for 6-foot and 8-foot high fencing. Set terminal, corner, and backstop section posts and foul poles in 3500 psi concrete in holes of diameter and depth as shown on drawings or as per ASTM F567. Top of footings shall be set below finished grade to allow for the installation of aglime, concrete maintenance strip, and/or concrete pad. Wipe all excess concrete off posts and poles and handle all material with care. c. Horizontal top rail Securely fasten the top rail to the terminal posts and join with sleeves to form a continuous rail. Horizontal top rail shall be connected together with 7 inch expansion sleeves to provide a continuous top rail along the top of the fabric. The top rail must then be properly terminated at end, corner, and pull posts with brace bands and rail ends. Post caps must provide for openings that the top rail will pass through in a position flush with the outside surface of each line post. The fabric must be adequately secured to the top rail using wire ties, not exceeding 24 inches on center. d. Horizontal middle, bottom, and brace rails The rails shall be connected in the fence line between line posts with boulevard clamps and properly secured at terminal posts identical to the procedure utilized for top rail. The fabric must be adequately secured to the middle and bottom rails using wire ties, not exceeding 24"on center. e. Chain Link Fabric Place the fabric by securing one end to a terminal post and applying sufficient tension to remove all slack before making attachment elsewhere. Tighten the fabric to provide a smooth uniform appearance free from sag. Install fence fabric 2 inches above finished ground grade level. Fasten the fabric to the line posts with wire tires at intervals not exceeding 15 inches on center. Fasten the fabric to the rails as stated above. Wire ties shall be tied a minimum one full wrap around the rail or post and a minimum one full turn around the fabric. f. Grounding Fences shall be grounded in accordance with local and state requirements. g. Appearance The area of installation shall be left neat and free of any debris caused by the erection of the fence. The Contractor shall take special care to minimize scratches to all fencing components during construction. BACKSTOP SECTION H-20'—I . POST(TYP,) .2Ee _ FRONT.(F'.C:NC El LFIELR} \ 1 CONCRETE- CCSIIICAETE MAENTENA STRIP(SEE DETAIL) LwLAINT>NANE;E STRIP(TYP,) B LLLF]EL0 FEIICING(SEE DETAIL) (SEE DETAIL) CONCRETE PAD FOR / FENSPOST{ ') - PLAYERS BENCH / 3'OPEN DIG(TIT%) (SEE DETAILS) CONT1iOL>DINT ITYP.5 OOObRIa]NIb.TE wi LLENCrI FASTS) FENCE POST(TYPO J- '+{{ DIRECTION LXPANSEC5N 1011r, FILL.6 5!AL iG1Y+iib CaNf3lETE FAD{SEE DETAIL.) PLAN HOMEPLATE BACKSTOP —a. c . x • • — FENCE RAIL{TYP,} SECTION POST 0-2' ti_1.4 � 62 :• .-3� 2'� J ,�. '•x J 60' r FENCE {_� FABRIC(iYR,} 20' 2U' TT 2p'� PO S-IP TY ,; a. ,.A. . r + r, r. #� y. I'+I1 55 3._ .. if. 6 1T �3' 3' 1 +. .—T—' 1 I 1 6 : . ,, Gr 2 D'4 �� L. I. f PLAYERS I9ENCHr� �-10' MM. SPACING 101FIT DOLL AL[M 441T1•I 1:NISHED FAO4'IDED BY DTHEPS CENTER OF!ENCF1 SUPPORTS GRADE BACKSTOP SECT:ON • (SEE SPECS} PROFILE NOTES: 1, SEE SPECS FOIL ALL FENCING COMPONENT REQUIREMENTS, 2. BOTTOM 6'OF THE BACKSTOP SECTION SHALL BE 5 GAUGE FABR:C. ALL OTHER FENCING FABRIC SHALL BE 9 GAUG'E, INFIELD FENCING 1 PLAYERS BENCH LAYOUT LINE POST MATCH FINISHED —18" MATCH FINISHED GRADE GRADE CONCRETE (SLOPE TO DRAIN) /-MAINTENANCE (SLOPE TO DRAIN) 9" Lir 9" 6"AGLIME 1' 4 STRIP i I_._ �- -I -�7I III-I I (SEE DETAIL) - 1 -_T g., �J Ilbl .�1L= .�.: a =1 , . III I -I I I I . . 1 1=1 III �� 42'MIN, II II 42"M[N, 11 11 11 1o1.11 'll- (UNLE55 -III If • •, I I—II E I I-11 "• —11 E (UNLESS II 1 '=" III II I I I-1='1"1111 OTHERWISE -"' 'Ar OTHERWISE I _ .. .I-T POURED CONCRETE NOTED) II _ " 1 N4TEu) (Mn DDT 2461) _ CL,5 AGGREGATE BASE =I POURED CONCR t -.` i , I (Mr1DOT 3138) COMPACTED SUBGRADE b• II—� � �I If [MNoOT aa51) " ^ "II If 6„ LINE POST WITH III ' 'I11,I 3 II=11 POST FOOTING 3X0.D. - - 3X0.D. - - Or MIN.) (12"M1N,) ••+�•••� ••••••a• ••• • ••• • •a• ••�• INFIELD FENCING . • • • •to• • �•�#• 4.••�- •• • •• ♦ • ��• • � �' ❑UTFIELD FENCING WITH CONCRETE •����®� +�����•®�®����� ���•�• WITH AG LIME MAINTENANCE STRIP POURED • • +��� �•� �•� +� C•+ CONCRETE s�•••• 4 • t*.44 4 4 4 NOTE: "-'Ilf:y'=`ri=I=' _ — .I-lit4 4 14- -Arm=1Fr 5?I.y'�,i.1�--=.I j$n 11=11=11=11=1 11-11-11-11-11-11�1-11-11-11-11-11-IL•', .. 11=11=11=11=11 .1.=.11=11-41: : .1=11=11-1=1f.—III:. --11-11- 1=11-1-1= I. FOOTING SHALL BE INSTALLED AT ALL TERMINAL,CORNER, PULL,AND AGGREGATE -.=.IL=.II�IL=.I- = =.R,: ::. BACKSTOP SECTION POSTS AND FOUL POLES, LINE POSTS ARE TO BE AIR BASE DRIVEN AT 48"DEPTH, LINE POST,PLACED ' - THRD STRIP FENCE POST FOOTING 2, INSTALLATION OF POST SHALL CONFORM TO MNDOT 2557. (SEE DETAIL) NOTE 1, CONTROL JOINTS-SPACED EVERY 10'(MAX,)AND AT ALL POSTS, FENCE POST AND FOUL POLE FOOTING CONCRETE MAINTENANCE STRIP CDNC]RET PALI•;L16HT EIRLI M Ptrryi5r1 i 5EE STFE PLAN C719 D1NH+D£FA175 FDA PAb btMEJ Eo • LSE= NOTE 2.) M1t•''ti ... r' • 1 ' L%-M1'. FE'. •• •••'_� } ,.ate�- IMPANSECe. 32.747 (SM?/Cr E 3} P LAN recur 2181 Etair_FITE +kl[}Qr 3.139{ . !AGGREnATE BASE - APPROYEb, CDkIP14CT1<a SLJINIFLAC NUM'. SECTION 1. DNCRETE PAD C NSTRU[11Dhl ShALL•EDNFLI•►n NIIDErr.2S21. 2. "1YTRDL 301NTS$1.4.ALL BE EQUALLY SPJ4[fL 5' MAX. SFAkt[NG)QRAS tmKERK'i5E NJ ITEtJ Dhl lTHER]]ETA,[LS Aral EAWCLn' 1/3 PAWENIENT TRiCRP* S. A. EltRANSKIN r:N1 5MdLL Ritt ' PRo•�RMEE JQ[NT FiLLE11.MA EREAL RISIAUSD ✓5 r LFLCB TEDALS WHERE✓L0ile-JE T 113 PA'112:+ENT CR CURE. FILL AND SEf_ OONCRETEPAD Office (651)464-7373 <ENTURY FENCE Toll Free (800) 328-9558 C OMPAN Fax (651)464-7377 Cell Phone (612) 309-2148 ;lNc:r -917 THE MARK OF PERMANENCE sroush@centuryfence.com P.O. Box 277, Forest Lake, MN 55025 2/13/2017 Phone: Fax: Proposal To: Ship To: Estimating Department Hidden Ponds Attn: Project Manager 18300 Twightlight Trail Eden Prairie, MN 55347 X Installed Material Only Sc Prepaid Freight Freight Collect F.O.B. Job Site Delivery Schedule: Description Furnish and Install: 200 I.f. of chain link fence without barbed wire, 6 ' high overall. Fabric shall be 2" mesh 9 gauge galvanized wire. Line posts shall be 2 1/2" O.D. and spaced a maximum of 10' on centers. The top, middle and bottom rails shall be galvanized (1-5/8" o.d.). 60 I.f. of 12' high fence for backstop. 260 I.f. of 18" wide by 8" thick maintenance curb 2 - 10' x 30' dugout slabs. 8" thick All line posts driven 4'. All corner, gate and end posts set in concrete foundations. Material and Labor: $25,670.00 Excludes removals Excludes excavation through rock, frost, or backfill Excludes locating of private utilities Proposal is valid for 20 days Acceptance: This proposal when accepted in writing by purchaser and by Century Fence Company's Main Office becomes a contract between two parties. The conditions on the attached "Terms and Conditions" sheet are made a part of this contract. Terms of Payment: Net Cash upon receipt of invoice. Buyer's signature _ Date Submitted by Scott Roush CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 7, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.H. Matt Bourne, Parks and Natural Resources Manager Accept Quotes and Award Contract for Riley Lake Park Fencing Project Requested Action Move to: Accept quotes and award the contract for the Riley Lake Park Fencing Project to Century Fence Company in the amount of$29,650.00. Synopsis The City put out a Request for Quotes on two fencing projects we had budgeted this year. The Riley Lake Park project will be to remove the existing outfield fencing and install new fencing that meets current standards. Two contractors submitted quotes with the low quote belonging to Century Fence Company. Background In 2013, the City completed a renovation project that brought the two ballfields at Riley Lake Park up to the current standards for adult league softball. As a part of the project, the fields were lengthened by shifting the backstop fencing back and installing new infield surfacing. However, because of budget constraints, the outfield fencing was never upgraded. This project would remove the 5 foot tall vinyl coated fencing that is currently in place and install 8 foot tall aluminum fencing. Quote Summary The summary of the quotes submitted is as follows: Bidder Base Bid Amount Century Fence Company $29,650.00 Action Fence, Inc. $36,850.00 Funding for the construction work will come from the Capital Improvement Program (Capital Maintenance and Reinvestment Fund). The project is anticipated to be completed by the end of April. Attachments Standard Agreement for Contract Services with Century Fence Exhibit A Century Fence Quote Standard Agreement for Contract Services This Agreement ("Agreement") is made on the 7th day of March, 2017, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Century Fence Company, a Minnesota company (hereinafter "Contractor") whose business address is P.O. Box 277, Forest Lake, MN 55025. 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 Replacement of Outfield Fencing at Riley Lake Park 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 March 7, 2017. The Work shall be completed by April 21, 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 $29,650.00 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 Scott Roush 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: Century Fence Company PO Box 277 Forest Lake, MN 55025 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: Matt Bourne 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 BALLFIELD FENCING Fencing materials and accessories shall be for commercial and industrial use, as listed below, and as shown on the Plans. A. Submittals The Contractor shall present the fence manufacturer's certification prior to installation indicating that the material meets the required specifications and has a 15 year warranty from the date of purchase against rust and corrosion. B. General Federal specifications RR-F-191, AASHTO M 181, and the ASTM standards listed below shall apply. C. Materials a. Chain Link Fabric All fabric shall be galvanized zinc coated wire, Class 1-1.2 oz/sf per ASTM A392 or aluminized coated wire, Class 2-0.4 oz/sf per ASTM A491 chain link fabric with a core wire tensile strength of 75,000 psi, and inscribed in such a manner to identify the manufacturer, type of product, and country where made. The fencing fabric shall be a 2- inch diamond mesh with a galvanized steel core wire. The core wire diameter shall be 0.192 inches (6 gauge) for the bottom 6 feet of the backstop section and 0.148 inches (9 gauge) for all other fencing. The height of the chain link fabric shall be 6 feet, 8 feet, or 12 feet as indicated on the Plans with selvage of fabric knuckled at top and bottom, unless noted otherwise. b. Steel Fence Framing Vertical fence posts, foul poles, and horizontal rails shall be ASTM F1043 Group IA high strength steel pipe, standard weight Schedule 40, minimum yield strength of 30,000 psi, produced to conform to ASTM F 1083, hot-dipped galvanized, internal coating Type A, external coating Type A. Vertical intermediate line posts shall have a 2.375-inch O.D. Vertical terminal, corner, pull, and backstop section posts shall have a 2.875-inch O.D.. The use of pull posts is required every 500 feet for fence heights up to 8 feet. Foul poles shall have a 4-inch O.D., 15 feet high, and be powder coated white. Horizontal top rails shall be 1.66 inches O.D. and installed in 21 foot lengths. Horizontal middle,bottom, and brace rails shall be 1.66 inch O.D. pipe. c. Fittings and Component Parts All fitting and other appurtenances shall be galvanized steel unless otherwise indicated and manufactured in accordance with ASTM F626 to match framing. Post caps shall be formed from pressed steel, cast iron, or aluminum alloy. Caps shall provide a weather tight closure to prevent moisture from entering into the posts. Provide one cap for each post and foul poles. Where top rail is used, provide post caps with loops that permit passage of top rail. Rail ends shall be formed from pressed steel, cast iron, or aluminum alloy. Rail ends shall provide a secure connection of the top rails to the terminal and corner posts and brace other rails to terminal, corner, and line posts. Top rail sleeves shall be used to connect the top rails to allow for expansion and contraction of the top rail, minimum 7 inch length. Brace and tension bands shall be pressed steel, minimum 300° profile curvature for secure fence post attachment. Tension bars shall be one piece lengths equal to 2 inch less than the full fabric with a minimum cross section of 3/16 inch x 3/4 inch. Provide tension bars where chain link fabric meets terminal posts. Truss rods and brace bands shall be steel rods used for fabric height of 6 feet and over. The truss rod shall be 0.375 inch diameter and use turnbuckles for applying tension. Beveled brace bands made from 12 gauge pressed steel shall be used to secure rail end caps and turnbuckles to terminal posts. Wire ties shall be 9 gauge core aluminum. Boulevard clamps shall be made from pressed steel two piece construction and sized to fit the line posts. Bolts for bands shall be 0.3125 inch x 1.25 inch galvanized carriage bolts with hex nuts. D. Construction All fencing shall be installed in accordance with MnDOT 2557.3 and manufacturer's instructions. 1. Site Preparation The location of fence lines and terminal posts shall be staked by the Contractor and approved by the City prior to construction. All underground utility locations and other underground structures shall be located. Post locations shall be field adjusted to avoid conflict with underground structures. Before installing chain link fence all necessary site clearing and grading shall be performed. 2. Installation a. Post location Space line posts equal-distant at intervals indicated in the drawings and as follows: all posts shall have a maximum spacing of 10 feet apart on center. Measure the interval parallel to the grade of the proposed fence line and in line of the fence from center to center. Set terminal posts at the beginning and end of each stretch of fence and at 30° or more changes in vertical and horizontal directions. b. Post setting All posts and poles shall be plumb and in line and approved by the City. If posts and poles are deemed to be un-plumb or out of line in the opinion of the City, the Contractor shall remove and reinstall all un-plumb and out of line posts and poles at no additional cost to the City. Line posts shall be driven 48 inches below grade for 6-foot and 8-foot high fencing. Set terminal, corner, and backstop section posts and foul poles in 3500 psi concrete in holes of diameter and depth as shown on drawings or as per ASTM F567. Top of footings shall be set below finished grade to allow for the installation of aglime, concrete maintenance strip, and/or concrete pad. Wipe all excess concrete off posts and poles and handle all material with care. c. Horizontal top rail Securely fasten the top rail to the terminal posts and join with sleeves to form a continuous rail. Horizontal top rail shall be connected together with 7 inch expansion sleeves to provide a continuous top rail along the top of the fabric. The top rail must then be properly terminated at end, corner, and pull posts with brace bands and rail ends. Post caps must provide for openings that the top rail will pass through in a position flush with the outside surface of each line post. The fabric must be adequately secured to the top rail using wire ties, not exceeding 24 inches on center. d. Horizontal middle, bottom, and brace rails The rails shall be connected in the fence line between line posts with boulevard clamps and properly secured at terminal posts identical to the procedure utilized for top rail. The fabric must be adequately secured to the middle and bottom rails using wire ties, not exceeding 24"on center. e. Chain Link Fabric Place the fabric by securing one end to a terminal post and applying sufficient tension to remove all slack before making attachment elsewhere. Tighten the fabric to provide a smooth uniform appearance free from sag. Install fence fabric 2 inches above finished ground grade level. Fasten the fabric to the line posts with wire tires at intervals not exceeding 15 inches on center. Fasten the fabric to the rails as stated above. Wire ties shall be tied a minimum one full wrap around the rail or post and a minimum one full turn around the fabric. f. Grounding Fences shall be grounded in accordance with local and state requirements. g. Appearance The area of installation shall be left neat and free of any debris caused by the erection of the fence. The Contractor shall take special care to minimize scratches to all fencing components during construction. BACKSTOP SECTION H-20'—I . POST(TYP,) .2Ee _ FRONT.(F'.C:NC El LFIELR} \ 1 CONCRETE- CCSIIICAETE MAENTENA STRIP(SEE DETAIL) LwLAINT>NANE;E STRIP(TYP,) B LLLF]EL0 FEIICING(SEE DETAIL) (SEE DETAIL) CONCRETE PAD FOR / FENSPOST{ ') - PLAYERS BENCH / 3'OPEN DIG(TIT%) (SEE DETAILS) CONT1iOL>DINT ITYP.5 OOObRIa]NIb.TE wi LLENCrI FASTS) FENCE POST(TYPO J- '+{{ DIRECTION LXPANSEC5N 1011r, FILL.6 5!AL iG1Y+iib CaNf3lETE FAD{SEE DETAIL.) PLAN HOMEPLATE BACKSTOP —a. c . x • • — FENCE RAIL{TYP,} SECTION POST 0-2' ti_1.4 � 62 :• .-3� 2'� J ,�. '•x J 60' r FENCE {_� FABRIC(iYR,} 20' 2U' TT 2p'� PO S-IP TY ,; a. ,.A. . r + r, r. #� y. I'+I1 55 3._ .. if. 6 1T �3' 3' 1 +. .—T—' 1 I 1 6 : . ,, Gr 2 D'4 �� L. I. f PLAYERS I9ENCHr� �-10' MM. SPACING 101FIT DOLL AL[M 441T1•I 1:NISHED FAO4'IDED BY DTHEPS CENTER OF!ENCF1 SUPPORTS GRADE BACKSTOP SECT:ON • (SEE SPECS} PROFILE NOTES: 1, SEE SPECS FOIL ALL FENCING COMPONENT REQUIREMENTS, 2. BOTTOM 6'OF THE BACKSTOP SECTION SHALL BE 5 GAUGE FABR:C. ALL OTHER FENCING FABRIC SHALL BE 9 GAUG'E, INFIELD FENCING 1 PLAYERS BENCH LAYOUT LINE POST MATCH FINISHED —18" MATCH FINISHED GRADE GRADE CONCRETE (SLOPE TO DRAIN) /-MAINTENANCE (SLOPE TO DRAIN) 9" Lir 9" 6"AGLIME 1' 4 STRIP i I_._ �- -I -�7I III-I I (SEE DETAIL) - 1 -_T g., �J Ilbl .�1L= .�.: a =1 , . III I -I I I I . . 1 1=1 III �� 42'MIN, II II 42"M[N, 11 11 11 1o1.11 'll- (UNLE55 -III If • •, I I—II E I I-11 "• —11 E (UNLESS II 1 '=" III II I I I-1='1"1111 OTHERWISE -"' 'Ar OTHERWISE I _ .. .I-T POURED CONCRETE NOTED) II _ " 1 N4TEu) (Mn DDT 2461) _ CL,5 AGGREGATE BASE =I POURED CONCR t -.` i , I (Mr1DOT 3138) COMPACTED SUBGRADE b• II—� � �I If [MNoOT aa51) " ^ "II If 6„ LINE POST WITH III ' 'I11,I 3 II=11 POST FOOTING 3X0.D. - - 3X0.D. - - Or MIN.) (12"M1N,) ••+�•••� ••••••a• ••• • ••• • •a• ••�• INFIELD FENCING . • • • •to• • �•�#• 4.••�- •• • •• ♦ • ��• • � �' ❑UTFIELD FENCING WITH CONCRETE •����®� +�����•®�®����� ���•�• WITH AG LIME MAINTENANCE STRIP POURED • • +��� �•� �•� +� C•+ CONCRETE s�•••• 4 • t*.44 4 4 4 NOTE: "-'Ilf:y'=`ri=I=' _ — .I-lit4 4 14- -Arm=1Fr 5?I.y'�,i.1�--=.I j$n 11=11=11=11=1 11-11-11-11-11-11�1-11-11-11-11-11-IL•', .. 11=11=11=11=11 .1.=.11=11-41: : .1=11=11-1=1f.—III:. --11-11- 1=11-1-1= I. FOOTING SHALL BE INSTALLED AT ALL TERMINAL,CORNER, PULL,AND AGGREGATE -.=.IL=.II�IL=.I- = =.R,: ::. BACKSTOP SECTION POSTS AND FOUL POLES, LINE POSTS ARE TO BE AIR BASE DRIVEN AT 48"DEPTH, LINE POST,PLACED ' - THRD STRIP FENCE POST FOOTING 2, INSTALLATION OF POST SHALL CONFORM TO MNDOT 2557. (SEE DETAIL) NOTE 1, CONTROL JOINTS-SPACED EVERY 10'(MAX,)AND AT ALL POSTS, FENCE POST AND FOUL POLE FOOTING CONCRETE MAINTENANCE STRIP CDNC]RET PALI•;L16HT EIRLI M Ptrryi5r1 i 5EE STFE PLAN C719 D1NH+D£FA175 FDA PAb btMEJ Eo • LSE= NOTE 2.) M1t•''ti ... r' • 1 ' L%-M1'. FE'. •• •••'_� } ,.ate�- IMPANSECe. 32.747 (SM?/Cr E 3} P LAN recur 2181 Etair_FITE +kl[}Qr 3.139{ . !AGGREnATE BASE - APPROYEb, CDkIP14CT1<a SLJINIFLAC NUM'. SECTION 1. DNCRETE PAD C NSTRU[11Dhl ShALL•EDNFLI•►n NIIDErr.2S21. 2. "1YTRDL 301NTS$1.4.ALL BE EQUALLY SPJ4[fL 5' MAX. SFAkt[NG)QRAS tmKERK'i5E NJ ITEtJ Dhl lTHER]]ETA,[LS Aral EAWCLn' 1/3 PAWENIENT TRiCRP* S. A. EltRANSKIN r:N1 5MdLL Ritt ' PRo•�RMEE JQ[NT FiLLE11.MA EREAL RISIAUSD ✓5 r LFLCB TEDALS WHERE✓L0ile-JE T 113 PA'112:+ENT CR CURE. FILL AND SEf_ OONCRETEPAD Office (651)464-7373 <ENTURY FENCE Toll Free (800) 328-9558 C OMPAN Fax (651)464-7377 Cell Phone (612) 309-2148 ;lNc:r -917THE MARK OF PERMANENCE sroush@centuryfence.com P.O. Box 277, Forest Lake, MN 55025 2/13/2017 Phone: Fax: Proposal To: Ship To: Estimating Department Riley Park Attn: Project Manager 9180 Riley Lake Road Eden Prairie, MN 55347 n Installed n Material Only n Prepaid Freight Freight Collect F.O.B. Job Site Delivery Schedule: Description Remove and Re Install: Remove exisitng 6' fence ( 1000 I.f. ) 1000 I.f. of chain link fence without barbed wire, 8' high overall. Fabric shall be 2" mesh 9 gauge galvanized wire. Line posts shall be 2 1/2" O.D. S and spaced a maximum of 10' on centers. The top, middle and bottom rails shall be galvanized (1-5/8" o.d.). 2 -4" foul poles powder coated white All line posts driven 4'. All corner, gate and end posts set in concrete foundations. Material and Labor: $29,650.00 Excludes excavation through rock, frost, or backfill Excludes locating of private utilities Proposal is valid for 20 days Acceptance: This proposal when accepted in writing by purchaser and by Century Fence Company's Main Office becomes a contract between two parties. The conditions on the attached "Terms and Conditions" sheet are made a part of this contract. Terms of Payment: Net Cash upon receipt of invoice. Buyer's signature _ Date Submitted by Scott Roush CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 7, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 17-5974 ITEM NO.: VIII.I. Mary Krause Award Contract for Supply of Bituminous Public Works/Engineering Crack Sealant Material to Midstates Equipment and Supply Requested Action Move to: Award contract for Supply of Bituminous Crack Sealant Material to Midstates Equipment and Supply in the amount of$44,640.00. Synopsis Quotes were received for the supply of bituminous crack sealant material for use in the 2017 Crack Sealing project. Two quotes were received as follows: Midstates Equipment and Supply $ 44,640.00 Maxwell Products, Inc. $ 48,560.00 Background Information Street bituminous crack sealing is an annual street maintenance project in preparation for the 2017 sealcoat project. Crack sealing of bituminous trails and recent overlay areas is also done. The 2017 operating and maintenance budget for street crack sealing is $135,000 under budget item 1707-6339, with the balance of the funding coming from the CIP Pavement Management fund. The trail and parking lots crack sealing portion of the project is funded through the Parks Division under maintenance. The installation of the crack sealant material will be bid separately from the purchase of the sealant material and a recommendation of award for that portion of the project will be brought forward to Council once the bids have been received and opened. Staff recommends award of the contract for supply of the sealant material to Midstates Equipment and Supply. Attachment Contract FORM OF CONTRACT THIS AGREEMENT, made and executed this day of 2017, by and between City of Eden Prairie hereinafter referred to as the "CITY", and Midstates Equipment & Supply, hereinafter referred to as the "CONTRACTOR", WITNESSETH: CITY AND CONTRACTOR, for the consideration hereinafter stated, agrees as follows: I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of the Plans and Specifications prepared by the Public Works Department referred to in Paragraph IV, as provided by the CITY for: Improvement Contract 17-5974: Supply of Sealant CONTRACTOR further agrees to do everything required by this Agreement and the Contract Document. II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Quote Form attached hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in the office of the City Engineer. The aggregate sum of such prices, based on estimated required quantities is estimated to be $44,640. III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents. IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents a. Accepted Quote The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the following schedule: Or in accordance with the Contract Documents. VI. This Agreement shall be executed in two (2)copies. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the date first above written. In Presence Of: CITY OF EDEN PRAIRIE, MN. Its City Mayor Its City Manager CONTRACTOR In Presence Of: Firm By: Title And Title CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 7, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. #17-5972 ITEM NO.: VIII.J. Mary Krause Award Contract for 2017 Street Sweeping to Public Works/Engineering Pearson Brothers, Inc. Requested Action Move to: Award contract for 2017 Street Sweeping to Pearson Brothers, Inc. in the amount of $27,500. Synopsis Quotes were received Friday, February 24, 2017 for the 2017 Street Sweeping. Three quotes were received as follows: Pearson Brothers, Inc. $27,500 Allied Blacktop Company $ 30,800 Reliakor Services, Inc. $ 32,000 Background Information The schedule for street sweeping in the project specifications indicates a start date of April 10, 2017. This early cleaning of the streets prevents sand and debris that has accumulated from the winter snow removal operations from entering into the City's wetlands, creeks and lakes. Spring sweeping of the streets takes approximately 5-8 working days. Street sweeping after the sealcoat project also is part of this project. Financial Implications Funding for the spring sweeping is from the Storm Water Utility Fund. Street sweeping that occurs after the sealcoating project is funded from the Operating and Maintenance budget for sealcoating and the CIP fund for pavement maintenance. Staff recommends award to Pearson Brothers, Inc. Attachment Contract FORM OF CONTRACT THIS AGREEMENT, made and executed this day of , 2017, by and between the City of Eden Prairie, hereinafter referred to as the "CITY", and Pearson Brothers, Inc., hereinafter referred to as the "CONTRACTOR", WITNESSETH: CITY AND CONTRACTOR, for the consideration hereinafter stated, agree as follows: I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of the Plans and Specifications prepared by the Public Works Department referred to in Paragraph IV, as provided by the CITY for: I.C.# 17-5972, 2017 Street Sweeping CONTRACTOR further agrees to do everything required by this Agreement and the Contract Documents. II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in the office of the City Engineer. The aggregate sum of such prices,based on estimated required quantities is estimated to be $27,500. III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents. IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents a. Instruction to Bidders, Specifications and Special Conditions b. Accepted Quote c. Contract Agreement d. Contractor's Performance Bond e. Contractor's Payment Bond (2) Special Conditions (3) Addenda and Supplemental Agreements The Contract Documents are hereby incorporated with this Agreement and are as much a FC-1 part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the following schedule or in accordance with the Contract Documents. VI. This Agreement shall be executed in two (2)copies. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the date first above written. In Presence Of: CITY OF EDEN PRAIRIE, MN. By Its City Mayor And Its City Manager CONTRACTOR In Presence Of: By Title And Title FC-2 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 7, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 13-5844 ITEM NO.: VIII.K. Rod Rue Receive Feasibility Report and Set Public Works/Engineering Public Hearing for Eden Prairie Road Extension to Flying Cloud Drive Street and Utility Improvements Requested Action Move to: Adopt Resolution to Receive Feasibility Report and Set a Public Hearing date for Eden Prairie Road Extension to Flying Cloud Drive Street and Utility Improvements. Synopsis The City Council authorized a feasibility study for street and utility improvements for the southerly section of Eden Prairie Road on June 18, 2013. While the feasibility study was underway, the property owners of the Lion's Tap restaurant site and adjoining rural parcel petitioned for city sanitary sewer and watermain improvements to serve the property. The City Council authorized a feasibility study to review options to serve the commercial site on June 16, 2015. The Lion's Tap report was received by the City Council on February 14, 2017. At that council meeting, the City Council directed staff to incorporate the recommended utility improvements into this feasibility report. It is recommended to set the Public Hearing for this project at the April 4th City Council meeting. Prior to the Public Hearing, we will schedule a neighborhood meeting(s)to discuss the feasibility report and the proposed assessments and connection fees. Since the City Council authorized the preparation of the southerly Eden Prairie Road feasibility study without a valid petition, approval of the project will require a 4/5 majority vote. Background Information The southerly section of Eden Prairie Road was previously identified in the Eden Prairie Road South of Riley Creek Feasibility Report—Amended August 2013 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. Attachments • Feasibility Report • Resolution CITY OF EDEN PRAIRIE EDEN PRAIRIE ROAD EXTENSION TO FLYING CLOUD DRIVE (CSAH No. 61) FEASIBILITY REPORT Street and Utility Improvements Improvement Contract No. 13-5844 Prepared by: Assisted by: City of Eden Prairie SEH Inc. Public Works Department 10901 Red Circle Drive Engineering Division Suite 300 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. STREET IMPROVEMENTS III. STORM DRAINAGE IMPROVEMENTS IV. SANITARY SEWER AND WATERMAIN IMPROVEMENTS V. PROJECT COST SUMMARY VI. CONCLUSIONS AND RECOMMENDATIONS PUBLIC HEARING NOTICE PROJECT SCHEDULE TABLE NO. 1 -ESTIMATED COSTS PRELIMINARY ASSESSMENT ROLL PROJECT ASSESSMENT AREA MAPS Figure No. 1 IMPROVEMENT AREA/ASSESSMENT BOUNDARY Figure No. 2 ROAD IMPROVEMENTS Figure No. 3 STORM DRAINAGE IMPROVEMENTS Figure No. 4 SANITARY SEWER AND WATERMAIN IMPROVEMENTS Page 2 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. ue Reg.No. 16695 -- f 7 Date Page 3 I. INTRODUCTION This report presents the results of a preliminary engineering study for street and utility improvements on the southerly extension of Eden Prairie Road from approximately 350 feet south of Frederick Place to CSAH No. 61 (Flying Cloud Drive). This feasibility study was authorized by the Eden Prairie City Council on June 18,2013. This section of street and utility improvements was previously identified in the Eden Prairie Road South of Riley Creek Feasibility Report—Amended August 2013 as a section of roadway to be addressed at a later date. In addition,the Utility Connection Options to Lion's Tap Site Feasibility Report recommended that city sanitary sewer and water utility improvements to serve the restaurant site(and potentially the adjacent rural property)would be included with this Eden Prairie Road Extension to Flying Cloud Drive Street and Utility Improvements Feasibility Report. The street and trail improvements described in this report will provide for a safer vehicular and more pedestrian friendly connection to Flying Cloud Drive(CSAH No. 61)by reconstructing the existing narrow roadway which has sharp curves, steep grades and poor sight lines. The utility improvements will provide access to city sanitary sewer and water for the residential properties along the southerly section of Eden Prairie Road, as well as the Lion's Tap restaurant site. Some of the residential and/or rural properties in this area are outside the Metropolitan Urban Service Area(MUSA)line. Hence, additional approvals from the Met Council and the City of Eden Prairie will be needed for these properties to access city utilities. The Lion's Tap property is outside the MUSA boundary. However,the restaurant parcel was granted approval by the City of Eden Prairie on September 16, 2014 and the Met Council on November 3, 2014 to serve the commercial property with city utilities. The Improvement Area is within Section 29, Township 116,Range 22 and is shown on Figure No. 1 together with the MUSA line boundary. The Eden Prairie City Council has authorized three feasibility studies for the Eden Prairie Road area south of Riley Creek. The first study was ordered in October 2001 for the entire neighborhood/development area south of Riley Creek. After years of discussions with local residents regarding the market timing of the improvements,the Eden Prairie Road South of Riley Creek Feasibility Report—Amended August 2013 was presented to the city council in 2013. The report recommended that the Eden Prairie Road improvements be addressed in two phases. The northerly portion of the street and utility improvements(I.C. 01-5537)was completed and assessments were levied in 2015. The city council authorized a feasibility study for the southerly section of Eden Prairie Road on June 18,2013. While that engineering study was being prepared, a petition was received from the Lion's Tap owners requesting city sanitary sewer and watermain improvements to serve the commercial restaurant site. On June 16,2015,the city council authorized the preparation of a feasibility study to review options to serve the commercial site. The resulting report was received by the city council on February 14, 2017. The city council then directed staff to incorporate the recommended utility improvements(Option No. 4)to serve the Lion's Tap site into this Eden Prairie Road Extension to Flying Cloud Drive Street and Utility Improvements Feasibility Report. A factor considered in the timing of the proposed improvements is the adjacent Hennepin County Flying Cloud Drive(CSAH No. 61)reconstruction project which is currently in the bidding/procurement phase. The county's project includes the reconstruction of Flying Cloud Drive from the airport to the Carver County line including where the existing and proposed intersections with Eden Prairie Road are located. The county's project is scheduled to be constructed in 2017,2018, and 2019. The project will include two significant road closures. In 2017, it's anticipated that the section of Flying Cloud Drive will be closed from Spring Road(CSAH No. 4)to Charlson Road. In 2018, it's anticipated that the westerly section from Spring Road to CSAH No. 101 in Carver County will be closed. This report proposes a schedule that will reconstruct the Eden Prairie Road Extension Project concurrently with the Flying Cloud Drive(CSAH No. 61) closure west of Spring Road(CSAH No. 4). Page 4 This report identifies properties deriving benefit from the proposed improvements. The proposed street and storm sewer improvements described later in this report will provide benefit to the adjacent residential properties, as well as the residential properties that take access off of Eden Prairie Road. The proposed sanitary sewer and water improvements will provide benefit to the same residential properties described above,together with the Lion's Tap restaurant site and adjoining rural property. The identified utility improvements will provide the benefitting properties with the ability to connect to individual service lines; obtain access to city utilities directly(or with mainline extensions)with proper agency approvals; or at the time of future development for some of the larger parcels. Similar to the Eden Prairie Road South of Riley Creek Feasibility Report—Amended August 2013 (I.C. 01-5537),the development potential(additional lots) for each existing parcel is based on a general determination of potential developable or buildable areas using a density of 2.0 units per estimated net buildable acreage. In addition,the Lion's Tap restaurant site is a commercial site so an estimate of the residential equivalent connections(RECs)is assumed for benefit purposes. For the identified Improvement Area,we estimate a total of 15 residential units including potential developable units for the properties along or accessing Eden Prairie Road and the Lion's Tap adjacent rural property. The Lion's Tap site is assumed to have an estimated 13 residential equivalent connections (RECs). Later in this report,the proposed assessment rates will be described for each benefitting component of the proposed improvements. The parcel acreage,potential units, estimated assessments, connection fees, etc. is shown on the attached Preliminary Assessment Roll. II. STREET IMPROVEMENTS The proposed street improvements with the re-alignment of the Eden Prairie Road to Flying Cloud Drive are shown on Figure No. 2. The existing street is a narrow roadway with deteriorating pavement, sharp curves, steep grades and poor sight lines. The street grades are in excess of 14%without adequate storm drainage or pedestrian/bicycle facilities. Because of its poor structural condition,this segment of roadway is weight restricted to six tons per axle year-round. An improved street with adequate pavement structure, storm drainage and pedestrian/bicycle facilities is needed to support the residential development that has occurred in this area, as well as provide safer curves and flatter grades on a new alignment. This segment of Eden Prairie Road is functionally classified as a minor collector. The recommended street section is a 32-foot wide two-lane with concrete curb and gutter. A new eight-foot bituminous trail is proposed along the east/south side that will extend the existing trail on Eden Prairie Road southerly to the future trail along Flying Cloud Drive(CSAH No. 61)that is part of the County's project. The county's CSAH No. 61 project, expected to be under construction starting in 2017,will provide an improved three- lane county highway with a new ten-foot bituminous trail along the north side for the entire length of the county's project. With the proposed city project,the intersection of Eden Prairie Road with Flying Cloud Drive will shift approximately 400 feet to the west adding length to the roadway and thus lowering the grade down the hill to a tolerable 10%. With the construction and re-alignment of the road, a combination of retaining wall(s) and/or grading options will be reviewed to lessen the construction impacts along the steep slopes. The proposed street assessments for the adjacent and accessing properties along Eden Prairie Road will be based on the cost of an equivalent 28-foot residential street with an eight-foot bituminous trail along the east and south side of the road. The assessable street cost will include only the portion of the roadway and trail from the north tie-in point on Eden Prairie Road(where the last improvement project ended)to a point approximately 600 feet south along the new alignment. The remainder of the costs for the new roadway and trail to Flying Cloud Drive, as well as the extra roadway width,retaining wall(s), and grading is proposed to be a City cost. Page 5 The estimated construction cost for the street and trail improvements, including the grading and retaining wall costs, is $2,474,700. Including an estimated 25%for engineering, financing, and testing, etc., for the city portion of the construction costs and 35% for the assessable portion(due to additional administration and interim financing costs),the estimated total project cost for the street and trail is $3,106,400, as shown in Table No. 1. The estimated project cost for 600 feet of an equivalent 28-foot street with an eight-foot trail is$176,800. The balance of the street,trail, grading, and retaining wall costs (estimated at$2,929,600) will be funded with Municipal State Aid funds. The proposed street assessment rate is based on the potential of 13 residential lot units (as previously described)that access this portion of the roadway. This is the most equitable method of distributing street improvement costs due to the variable frontages, or lack thereof,of the benefitting properties. The proposed assessment rate based on an estimated cost of$176,800 and 13 lot units is $13,600 per unit. The proposed assessment for the street improvements for each parcel is shown on the Preliminary Assessment Roll. III. STORM DRAINAGE IMPROVEMENTS The proposed storm drainage improvements and shared ponding facilities within Hennepin County right-of- way are shown on Figure No. 3. The proposed storm drainage improvements along this section of roadway will consist of structures and pipes within the right-of-way to convey a minimum 10-year frequency rain event down the grade to Flying Cloud Drive. Treatment and infiltration requirements for the storm drainage will be primarily accommodated within the county's project, although there may be some infiltration required within the city's project limits. The treatment cost associated with Eden Prairie Road drainage onto the county's project is not included in this report. As shown in Table No. 1,the total construction cost for storm drainage is $497,600 with the estimated storm drainage assessment cost at$39,500 which includes an additional 35%for engineering, administration, interim financing,testing, etc. costs. The city's share of the storm drainage cost is $458,100. The assessable cost includes the storm sewer infrastructure from the north tie-in point on Eden Prairie Road to approximately 600 feet south where the assessable street portion ends. The storm sewer infrastructure improvements for the rest of Eden Prairie Road and the treatment/infiltration facilities will be funded with Municipal State Aid and/or storm water utility funds. The proposed storm drainage assessment rate is based on the 13 potentially developable lot units. The proposed assessment rate(based on an estimated cost of$39,500 and 13 lot units) is $3,040 per unit. The proposed assessment for the storm drainage improvements for each parcel is shown on the Preliminary Assessment Roll. Page 6 IV. SANITARY SEWER AND WATERMAIN IMPROVEMENTS The proposed sanitary sewer and watermain improvements are shown on Figure No. 4. The sanitary sewer improvements include gravity sewer pipes, lift station, and a forcemain along Eden Prairie Road and Flying Cloud Drive(CSAH No. 61)to serve the residents along Eden Prairie Road and the Lion's Tap restaurant site with city sewer service. The improvements include gravity sanitary sewer pipes from the high point near the north end of the Eden Prairie Road street improvements extending downhill toward Flying Cloud Drive(CSAH No. 61)and then easterly toward the west side of the Lion's Tap site. A city-owned lift station is proposed near the west side of the Lion's Tap site with a short gravity pipe extension further to the east to effectively serve the existing sewer discharge from the restaurant site. The sewer improvements will also include a forcemain that extends from the lift station alongside the gravity sewer pipe to the existing sanitary manhole at the most northerly boundary of the street improvements. These improvements will provide individual sewer services to some of the properties along Eden Prairie Road and the Lion's Tap site,where practical. Other properties in the area may require further city sewer extensions or up-sized service lines to accommodate future development or individual/combined service needs. The Metropolitan Urban Service Area(MUSA) line meanders through the Improvement Area as shown on Figure No. 1. The Lion's Tap restaurant site is outside the MUSA line but obtained Met Council and City Council approval to connect to city utilities in 2014. However,there are other parcels within the Improvement Area that will require additional Met Council and City Council approvals to access city sanitary sewer and water. Since the proposed sanitary sewer improvements provide service to various properties both inside and outside the MUSA line, as well as developable parcels,we propose that no sanitary sewer assessments be levied at this time for the residential properties. Instead,we propose to charge a connection fee(s) at the time of development or connection to service stubs at the prevailing rate for each lot unit. Some of the parcels in the Improvement Area may require additional public infrastructure extensions to effectively serve a future development. If that occurs,the connections fee(s) for individual service lines may not apply since the developer would be constructing public infrastructure in lieu of connections fees. However,trunk sanitary sewer assessments would still be levied at the prevailing rate at the time of development for all properties. The water improvements include watermain along Eden Prairie Road, Flying Cloud Drive and Spring Road within the proposed city project and county project. The improvements will also provide individual services to some of the properties along Eden Prairie Road and the Lion's Tap site,where practical. Other properties in the area may require further city watermain extensions or up-sized service lines to accommodate future development or individual/combined service needs. Similar to the sanitary sewer improvements,we propose to charge a connection fee(s) at the time of development or connection to service stubs at the prevailing rate for each lot unit rather than assessments. Some of the parcels may require additional public infrastructure extensions to effectively serve a future development. If that occurs, the connections fee(s) for individual service lines may not apply since the developer would be constructing public infrastructure in lieu of connections fees. Similar to the sanitary sewer,trunk water assessments would still be levied at the prevailing rate at the time of development for all properties. Regarding the commercial restaurant site,we propose to charge connection fees based on the Met Council's determination of residential equivalent connections(RECs) at the time of connection to the city sanitary sewer and/or water. Based on estimates of square footage and seating capacity for the restaurant, it's assumed for this report that 13 RECs would be charged at the time of connection. In addition,we would propose that the Lion's Tap parcel be specially assessed for 50%of the lift station cost plus 100%of the cost of the easterly 8"gravity sewer pipe extension(approximately 180 feet) and a manhole to effectively locate the service stub for the restaurant. In addition to the construction costs of these items,the project development costs (estimated at 35%for engineering, administration, interim financing,testing, etc.)would Page 7 be added in order to determine the assessable project costs. The estimated assessment amount for these improvements is $147,200. The majority of these costs are attributed to the 50% share of the lift station costs. The rationale for the Lion's Tap site paying for 50%of the lift station costs is that extending the city sanitary sewer system to serve the site results in additional gravity and forcemain sewer pipes. In addition, a larger lift station is needed to accommodate the additional flow and vertical lift compared with just serving the residential properties. At the time of connection to the sanitary sewer and/or water service stubs,the Lion's Tap site is proposed to be charged a connection fee for each of the residential equivalent connections or RECs(as determined by the Met Council). For the purpose of this report and as described above,we are assuming 13 RECs for the restaurant site. As per City Code Section 3.07, connection fees are used when parcels have not been previously assessed for utilities or participated in the original construction costs. The current 2017 connection fee for both sanitary sewer and water service is $20,641 per unit or REC. If a connection is made to either city sanitary sewer or water service,the connection fee is split based on 60% for sewer and 40%for water connections, respectively. The proposed assessment and connection fees for the sanitary sewer and watermain improvements for each parcel is shown on the Preliminary Assessment Roll. V. PROJECT COST SUMMARY Table No. 1 summarizes the estimated cost for the various components of the project. These costs are based upon anticipated construction costs assuming adequate subsurface soil conditions, as well as a 10% contingency, estimated engineering and testing costs, 9% administration fee, and interim financing costs. Any right-of-way or easement costs associated with this project are not included in any cost estimates. These costs will become project costs and will be funded with Municipal State Aid funds. Any homesteaded properties that are generally un-developed will be granted a deferment of all assessments except an equivalent single unit of street and storm drainage assessments until the property develops based on the City's Special Assessment Policy. Non-homesteaded parcels will be granted a deferment on all assessments until the time of development or connection. Since homesteaded and non-homesteaded properties will be charged a connection fee at the time of development or connection to city utilities,the exclusion policy(having a functional on-site system) for homesteaded parcels will not apply. The commercial restaurant site will be assessed for the improvements described above and appropriate connection fees at the time of connection to city utilities based on a final determination of residential equivalent connections(RECs). In addition to the assessments proposed in this report, each benefitted property is subject to trunk utility assessments. Based on the City's Special Assessment Policy, it is proposed to levy trunk assessments in the year subdivision/development approvals are granted to a property or the determination of lateral benefit. For this project,the determination of lateral benefit will be at the time of connection. Homesteaded parcels will be subject to a trunk utility(sewer and water) assessment of$520 for the first half acre,with the balance of the developable acreage subject to the prevailing acreage rate(2017 rate= $8,117.00 per acre) at the time of development or connection. Page 8 This report proposes to apportion assessable project costs to identified benefitting properties on a unit or lot unit basis or in the case of the commercial property,the actual cost of the identified improvements as described previously. Potential units have been estimated for each of the benefitting properties that are currently un-developed or under-developed based on a review of the properties and their development potential using 2.0 units per acre, as well as taking into account existing topography. Units may be adjusted for properties that receive approval of specific development plans prior to final assessment of the project costs. VI. CONCLUSIONS AND RECOMMENDATIONS Based on this study, Improvement Contract No. 13-5844 is feasible, cost effective, necessary, and the resulting benefit will equal or exceed the proposed assessments to the abutting and benefitting properties. It is therefore recommended that the Eden Prairie City Council proceed with the project on a schedule similar to the one suggested in this report. Page 9 CITY OF EDEN PRAIRIE NOTICE OF HEARING ON PROPOSED PUBLIC WORKS IMPROVEMENTS I.C. 13-5844 TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN that the Eden Prairie City Council will meet at the City Center, 8080 Mitchell Road, at 7:00 p.m. on to consider the making of the following described improvements: I.C. 13-5844 — Street, Storm Drainage, Sanitary Sewer and Watermain improvements on the Eden Prairie Road extension to Flying Cloud Drive (CSAH No. 61). The project includes grading, pavement, curb and gutter, storm sewer, sanitary sewer, lift station, forcemain, watermain, and trail. The area proposed to be assessed lies in Section 29,Township 116,Range 22. The total estimated project cost is $4,485,300. Pursuant to Minnesota State Laws, Section 429.011 to 429.111, the area proposed to be assessed for such improvements is all that property within or abutting on the above described limits. Written or oral comments relating to the proposed improvements will be received at this meeting. By Order of the City Council Kathleen Porta, City Clerk City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Publish: Eden Prairie News March 16 and March 23, 2017 Page 10 PROJECT SCHEDULE (LC. 13-5844) March 7, 2017 City Council to Receive Feasibility Report March 9, 2017 Deliver Notice of Public Hearing to Eden Prairie News Newspaper Publish March 16 and March 23,2017 March 21, 2017 Mail Notice of Public Hearing to Public April 4,2017 Hold Public Hearing, Order Improvements and Preparation of Plans and Specifications December 12,2017 Approve Plans and Specifications and Order Advertisement of Bids Advertise for Bids in Eden Prairie News Newspaper on January 18 and 25, 2018 and Finance and Commerce (or other appropriate publication) on January 19 and 26,2018 (estimated) February 8, 2018 Open Bids February 20, 2018 Award Contract November 2018 Substantial Completion July 2019 Final Completion October 2019 Final Assessment Hearing Spring 2020 Assessments First Appear on Tax Statements Page 11 TABLE NO. 1 ESTIMATED COSTS EDEN PRAIRIE IMPROVEMENT CONTRACT NO. 13-5844 EDEN PRAIRIE ROAD EXTENSION TO FLYING CLOUD DRIVE STREET and UTILITIES Storm Sewer and Street Drainage Water Total Total Project Cost' $3,106,400 $497,600 $881,3004 $4,485,300 Total City Cost $2,929,600 $458,100 $734,100 $4,121,800(92%) Project Assessment Cost2 $176,800 $39,500 $147,200 $363,500(8%) Estimated Future a NA NA $645,600 $645,600 (14%) Connection/Trunk Fees Total Project Assessment Cost&Estimated Future $176,800 $39,500 $792,800 $1,009,100(22%) Connection/Trunk Fees 1 Includes construction, 10%construction contingency,and 25%engineering/testing. 2 Includes additional 10% beyond project development costs for financing and administration. 3 Based on assumed Lot Units/Residential Equivalent Connections as described in the report using the current connection fee of$20,641 per unit and trunk assessment of$8,117 per acre. Prevailing rates apply at the time of connection or development. 4Includes$266,800 for sanitary sewer and watermain improvements within Hennepin County CSAH No. 61 project. Page 12 / \ ‘ \ \ LEGEND / \ ROAD IMPROVEMENTS — _ — — — TRAIL IMPROVEMENTS \ \ ..... \ 7 i I ASSESSMENT BOUNDARY-EDEN PRAIRIE 3 \ EP ROAD,TRAIL&UTILITY IMPROVEMENTS z \I 72 \ -am-- MUSA LINE 00 "UTILITY IMPROVEMENTS SHOWN ON FIGURES 3&4** FEASIBILITY ID:27 1 1 OWNER:WOLTER .."--7."-----7 ADDRESS:10065 Q - PID:29-116-22-44-0032 ‘ o // ' ' — � a LL — FEASIBILITY ID:34 a FEASIBILITY ID:35 I I OWNER:EDSTROM ' 0 y OWNER:BUENZ ADDRESS:10101 rn ` 9-116-DRES2:101 22- 30 - 003 PID:29-116-22-44-0016 ! :ER: LSON tiPID:2 / \♦\ ADDRESS: t / — FEASIBILITY ID:ID.32A I ADDRESS:61 RID:29-116-22-44-0012 — i j OWNER:WIEGERT pp FEASIBILITY ID'33 PID:29-116-22-44-0017 — \\Isil — U OWNER:EDSTROM T U TLO T A ADDRES22-443 o \ \ PID:29-116-22-44-000a —� FEASIBILITY ID:31 FEASIBILJTY ID:43 — — OWNER:CARLSON ' ADDRESS:10129 1- -0 OWNER: CITY OF EDEN PRAIRIE FEASIBILITY ID:33A `m ADDRESS:61 ` OWNER:EDSTROM PID:29-116-22-44-0005 2 PID:29-116-22-43-0042 E1 :24-116-22-44-0018 o ii �� FEASIBILITYcIDT32/ ADDRESS:10131 — ` PID:29-116-22-44-0014 E EDEN PRAIRIE ROAD r� OWNER EDSTROM „elj II d / ADDRESS:61 0- ` 22�g--0019_ o /T1. TAU T T ' FEASIBILITY ID:42 OWNER: CITY OF EDEN PRAIRIE FEASIBILITY ID:37 / �� / &/1 OWNER:EDSTROM rn ADDRESS:61 / FEASIBILITY ID:36 I • nRF • I C PID:29-116-22-43-0041 / / PD:29-116-22-43-0001 OWNER: 6 T ADDRESS:10197 = PID:29- 1622430006 FEASIBI UTYRID:40 / / T o ADDRESS:61 / c 1 _ PID:29-116-22-44-0021 I U N � C Ill / ( 2 _ —1p— FLYING CLOUD DRIVE — — _ — — it_i — — OWNER::NOTTEYRMANN 1O .E — - - ADDRESS 16180 iivc. c - - — --- ---- ------- ----_ --- PID:29-i16-22-44-0020 v w i _III1I11 - - Vi — FLYING - Z CLOUD - __ Nr -o Ln LL DR/VE �W NMen U — Q g17. — N e)I w CD ,,, Improvement Area / Assessment Boundary FIG. 1 EDEN Eden Prairie Road Improvements (IC# 13-5844) PRAIRIE 02/28/2017 Print: 3/3/2017 11:20 AM PRELIMINARY ASSESSMENT ROLL EDEN PRAIRIE ROAD EXTENSION TO FLYING CLOUD DRIVE (CSAH 61) EDEN PRAIRIE, MINNESOTA I.C. 13-5844 PARCEL P.I.D. NO. OWNER HMSTD TRUNK GROSS FOOT POTENTIAL STREET(2.) STORM DRAINAGE (3.) SANITARY SEWER&WATER ESTIMATED NO. Y OR N S &W AC NOTES UNITS (1.) UNITS AMOUNT UNITS AMOUNT UNITS/ CONNECTION FEE UNITS/ LEVIED TOTAL ASSESSMENT REC's AMOUNT(4.) REC's AMOUNT(5.) (74 27 29-116-22-44-0032 Michelle Wolter Y N 2.48 (1.) (6.) (8.) 1 1 $13,600.00 1 $3,040.00 1 $20,641.00 0 $0.00 $16,640.00 30 29-116-22-44-0012 Richard & Mary Lou Carlson Y N 0.49 (1.) (6.) (8.) 1 1 $13,600.00 1 $3,040.00 1 $20,641.00 * 0 $0.00 $16,640.00 31 29-116-22-44-0005 Richard &Mary Lou Carlson Y N 0.73 (1.) (6.) 1 1 $13,600.00 1 $3,040.00 1 $20,641.00 * 0 $0.00 $16,640.00 - 32 29-116-22-44-0014 Joel & Kelly Wiegert N N 1.45 (1.) (6.) 3 3 $40,800.00 3 $9,120.00 3 $61,923.00 * 0 $0.00 $49,920.00 32A 29-116-22-44-0017 Joel & Kelly Wiegert N N 0.21 (1.) (6.) 0 0 $0.00 0 $0.00 0 $0.00 * 0 $0.00 $0.00 33 29-116-22-44-0004 Dean & Karen Edstrom Y N 0.83 (1.) (6.) 1 1 $13,600.00 1 $3,040.00 1 $20,641.00 0 $0.00 $16,640.00 33A 29-116-22-44-0018 Dean & Karen Edstrom Y N 0.13 (1.) (6.) 0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 $0.00 33B 29-116-22-44-0019 Dean & Karen Edstrom Y N 0.21 (1.) (6.) 0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 $0.00 34 29-116-22-44-0016 Dean & Karen Edstrom Y N 1.02 (1.) (6.) (8.) 2 2 $27,200.00 2 $6,080.00 2 $41,282.00 0 $0.00 $33,280.00 35 29-116-22-43-0003 Adam Buenz Y N 4.61 (1.) (6.) 2 2 $27,200.00 2 $6,080.00 2 $41,282.00 0 $0.00 $33,280.00 36 29-116-22-43-0006 Perry& Michelle Ryan N N 1.11 (1.) (6.) 1 1 $13,600.00 1 $3,040.00 1 $20,641.00 0 $0.00 $16,640.00 37 29-116-22-43-0001 Dean Edstrom N N 1.18 (1.) (6.) 1 1 $13,600.00 1 $3,040.00 1 $20,641.00 0 $0.00 $16,640.00 40 29-116-22-44-0021 Bert A. Notermann N N 9.53 (1.) (6.) 2 0 $0.00 0 $0.00 2 $41,282.00 * 0 $0.00 $0.00 41 29-116-22-44-0020 Bert A. Notermann, Et Al N N 1.60 (1.) (6.) 13 0 $0.00 0 $0.00 13 $268,333.00 13 $147,200.00 $147,200.00 42 29-116-22-43-0041 City of Eden Prairie N N 2.55 0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 $0.00 43 29-116-22-43-0042 City of Eden Prairie N N 16.58 0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 $0.00 TOTALS 28 13 $176,800.00 13 $39,520.00 28 $577,948.00 13 I $147,200.00 $363,520.00 1. With the existing topography, potential units are based on a general determination of potential developable or buildable areas taking into account steep slopes and subdivision potential. For the commercial site(Parcel No. 41), potential units are estimated Residential Equivalent Connections (REC's) 2. Based on an assessment rate of $13,600/lot unit for an equivalent 28'wide street. 3. Based on an assessment rate of$3,040/lot unit for storm drainage. '-F. utility GUI II ICGLIUI I ICCJ VVIII UC GI IdI Ly. 0 CIL LI IC pi VdIIII ILy. I dLC dl LI IC LIII IC VI UCVCIVi.JI I ICI IL VI WI II ICULIVI I UdJCU VI I CIULUCII UCVCIUI./CU VI WI II ICULCU UI IILJ 1UI IILJ dl Ili IZCJIUCI IIIdi Ct..i UIVdICI IL 1/4-AA II ICGLIVI IJ IIZCL�J)dJ JI IUW CIIC CJ LII I ICILCU). t'.t IVUI IL IJ UdJCU VI I rl I rrcn+ connection fee of$20,641 per unit/REC's. * (Connection Fees for identified parcels may be waived if public utility extensions are required for connection.) 5. Assessment for Parcel No.41 is based on the estimated cost of 50% of the lift station, 180 feet of 8"sanitary sewer pipe and 1 manhole(includes engineering, administration,financing, testing, etc.). 6. Subject to additional trunk assessments at the time of development or connection to utilities (at the prevailing rate). 7. Excludes future connection fees and trunk assessments. 8. Assessments for Parcel Nos. 27, 30 and 34 will be deferred with interest until time of development or connection. (For Parcel No. 27---due to previous street and storm drainage assessments with I.C. 01-5537) (For Parcel Nos. 30 and 34---due to the adjacent homesteaded parcel being assessed for one unit of assessment) Note: Homesteaded properties will be subject to a trunk sewer and water assessment of$520 for the first half acre with the balance of the parcel's developable acreage (if applicable)subject to the prevailing acreage rate for trunk assessments at the time of development or connection. Any homesteaded parcel that has development potential will be assessed the equivalent of one full unit of assessment with the balance of the assessment deferred with interest until the time of development. Assessments for non- homesteaded and vacant parcels will be deferred with interest until the time of development or connection. K:Wdministration\Agenda Preparation\City Council Agenda Packet Items\2017\03.07.17\Public Works\Receive Feasibility Report\Preliminary Assessment Roll-Report \ Lc, LEGEND 0 /7 \ \ ROAD IMPROVEMENTS \ — _ _ _ — TRAIL IMPROVEMENTS m -A. \\ \ \ / BENEFITING PROPERTIES \ 28-FOOT EQUIVALENT STREET&TRAIL \ \ \1 r— il ASSESSMENT RATE @$13,600/UNIT E � immn FEASIBII Y ID: OWNER: ADDRESS:10065 \ PID:29-116-22-44-0032 c I / I 1 / N I 1 LTER --mm- 1.--.L— No -oLI I y — FEASIBILITY ID:34 _� FEASIBILITY ID:35 I I OWNER:EDSTROM 02 OWNER:BUENZ ADDRESS:10101 EFE0AwS,BILITY ID:30 it ADDRESS:10100 PID:29-116-22-44-0016 ER:ITY IDN / PID:29-116-22-43-0003 DRESS:St / FEASIBILITY ID:32A16-22-44-0012 _ i j — — OWNER:WIEGERT 'p PID:29-116-22-44-0017 \ a FEASIBIUTY ID:33 OWNER:EDSTROM U ADDRESS:10133 -2 OUTLOT A AI PI0:29-116-22-44-0004 -. FEASIBILITY ID:31 a FEASIBILITY ID:43 o OWNER:cARLsoN teu ADDRESS:10129 -� OWNER: CITY OF EDEN PRAIRIE F�ASIBWTY ID: I PID:29-116-22-44-0005 `m ADDRESS:61 OWNER:EDSTROM / 2 PID:29-116-22-43-0042 I :29-116-22-44-Dole o FEASIBIILIWTY ID:32 gi OWNER: IEGERT i _ _ I ADDRESS:10131 _ _ _.../ PI0:29-116-22-44-0014 E EDEN PRAIRIE ROAD N OWNER.ESS:61 - ADDRESS:61 0- 11111.1 I , 7 I FEASIBILITY ID: OWNER: CITY OF EDEN PRAIRIE FEASIBWTY ID:37 / /I • / ���/ OWNER:EDSTROM — ADDRESS:61 / / FEASIBILITY ID:36 I ADDRESS:61 PID:29 116 22-43 0041 / 1� I PID:29-116-22-43-0001/ �/ OWNER: / / ADDRESS:10197 / = PID:29-116-22-43-0006 / / FOAsER:NOTERUTY ID N40 / / o ADDRESS:61 ./ \ / / ------2 c I — PID:29-116-22-44-0021 /N N C I (..- / I / / PO/ / / / �°/ O _ El 'INC, CLOUD DRIVE — - - — — _ OWNER/ : MAAN41 / // '4,i / - .� — ADDRESS:16180 . ' ✓ �r ll - ---- ------- - PID:29-116-22-44-0020 // // — v / // T w M FLYING Nr co CLOUD y m ll DR/VE - -411111111111111"111111111.111111111. 'num U Q — N c e)I c w CD Eden Prairie Road Improvements FIG. 2 EDEN Eden Prairie Road Improvements (IC# 13-5844) PRAIRIE 02/28/2017 % v /I LEGEND I � I T I n 7PROPOS// \ \ ED STORM DRAINAGE IMPROVEMENTS — BENEFITING PROPERTIES \ \ \ — — — — _ STORM DRAINAGE ASSESSMENT \ \ \----- \ i.) .\ 1 \ 1" r---------- aiiii,.. _ .,,, \ \L \ \ I i �J FEASIBILITY ID:27 OWNER:WOLTER \ ADDRESS:10065 o II/ PID:29-116-22-44-0032 E l V coi \ I 1 I 15. co I 1 L - - m _ I I / yL FEASIBILITY ID:34 FEASIBWTY ID:35 Ii I 1 OWNER:EDSTROM OWNER:BUENZ ADDRESS:10101 rn ADDRESS:10100 PID:29-116-22-44-0016 FEASIBILITY ID:3D ii OWNER:CARLSON / Y / / / PID:29-116-22-43-0003 E 61 wNiBELIYsID:32APID:29-116-22-44-0011 - - ADDRESS: \ Q I FEASIBILITY ID:33 PID:29-116-22-44-0017 I I / — — OWNER:EDSTROM w ADDRESS:10133 r TTTLCT T �' RID:29-116-22-44-0004 �_� FEASIBIUTY ID:31 o / a FEASIBILITY ID:43 OWNER:CARLSON t _ / — - —�- OWNER: CITY OF EDEN PRAIRIE FEASIBILITY ID:33A I ADDRESS:10129 `m ADDRESS:61 ` /I OWNER:EDSTROM PID:29 116,22-44-0005 m PID:29-116-22-43-0042 PIu:2o-116-22-44-oola / ili o FE♦4SIBWTY ID:32 a"i -__/ co _ •//!%�173 _� .OWNER:WIEGERT i w��'� __ I ADDRESS:10131 € ED N PRAIR E ROAD _ OWNEREDSTOM iC�29 11s-22-44-0014 ,� - _��� co le fir � / o it ✓ _/ I el Ou ILL)T T M OWNESIBI R: CITY OTMEDEN2PRAIRIE FEASIBILITY ID:37 /11!1/ o / OWNER:EDSTROM - ADDRESS:61 / , FEASIBILITY ID:36 I ADDRESS 61 LL PID:29 116 22-43 0041 � OWNER:RYAN PID:29-116-22-43-0001 ADDRESS:10197 fO1 PID:29-116-22-43-0006 I M V FEASIBI ITYOWNER: RID:M 40 o0 N i ADDRESS:61 / N _____________i _ PID:29-116-22-44-0021 c I N C \ / C O v '�INFILTRATION/ POND INFILTRATION/POND -4 Q / FEASIBILITY ID:41 p� �FM — � OWNER:NOTERMAN N /a K — ADDRESS:16180 I PID:29-116-22-44-"0020 -}1 — —,.v _ FLYING CLOUD DRIVE W W W W II Lo lal in NNW bV U Q — 17. g — N W CD — Storm Drainage Improvements FIG. 3 EDEN Eden Prairie Road Improvements (IC# 13-5844) PRAIRIE 02/28/2017 uv. ..n-r.•,n E.r. I I 1/� V /4 LEGEND /7 \ \ \ F PROPOSED SANITARY SEWER FORCE MAIN 0 \ , \ j I / - PROPOSED SANITARY SEWER GRAVITY MAIN I _ _ _ _ _ SANITARY MANHOLE \ \ 4 I / W PROPOSED WATER MAIN \ \ \ ��� BENEFITING PROPERTIES- / \ A � �� ��� ASSESSMENTS AND/OR CONNECTIONI FEES N FEASIBWTY ID:27 Ti A'o \ OWNER:WOLTER a --1M - M--\EIF MEM—Imm.\-imm--imm- imm. \ (____ PID:29-116-22-44-0032 \ / I / FUTURE cn / IL__ _, WATERMAIN I fL7 EXTENSION FEASIBILITY ID-34 FEASIBILITY ID:3J I u.I OWNER;EDSTROM ' OWNER:BUENZ ADDRESS:10101 FEASIBILITY ID:3D I I Pa 29-116-22-44-0016 ADDRESS:10100 PID:29-116-22-43-0003 OWNER:CARLSON / 1�o ADDRESS:61 41 �'�, FEASIBILITY ID:32A I PID:29-116-22-44-0012 i j ,� OWNER:WIEGERT �— 'p I PID:29-116-22-44-0017 FEASIBILITY ID:33 I OWNER:EDSTROM w /. ADDRESS:10133 a \UT�\T A �� A PIoz9-11s-22-4a-0004 (----- _—�E FEASIBWTY ID:31 FEASIBILITY ID:43 OWNER;CARLSON �- / ADDRESS:10129 .. OWNER: CITY OF EDEN PRAIRIE ` / FEASIBILITY ID:33A 1 Pio:z9-116 22-44—000s \\ `m ADDRESS:61 OWNER:EosTROM 1 2 PID:29-116-22-43-0042 PI D:29-u 6-22-44-ool a iu //r I 1 0 �� FEASIBILITY ID:32 _I d �� OWNER:WIEGERT F/I co �, 2 t_ \ �EDrFN PRAIR E ROAD L ®_. j IJ1 °ADDRESS: °M �29� �1 sEsz21 oa410014 / w\ \� 1 RID-79-116-22-,� ,-00,` . L o �� �/ Iif ., , OUTKO B �� FEASIBILITY ID:42 FEASIBILITY ID:37T OWNER: CITY OF EDEN PRAIRIE // �/ OWNER:EDSTROM l - ADDRESS:61 SIBILITY ID:36ADDRESS;61LL PID:29-116-22-43-0041 / OWNER;RYANPID:29-116-22-43-0001m V ADDRESS:10197I /14/ = PID77 :29-116-22-43-0006 U FEASIBIoTMRMD N4o o ADDRESS:61 / \ _ PID:29-116-22-44-0021 o I- I 0 0 ''lii J� LIFT STATION — / C � / °' �---�� _ _ J OWNER;NoTY MDN41 �� `` ADDRESS:16180 _ c `lam PID:29-116-22-44-0020 v - - - --- r ' _ _ - � �_!� ;__; W _ _ FLYING CLOUD DRIVE W W W W _ N �a LC) W r Inn, LL W ��w?U Q a) U ao Wo Sanitary Sewer & Watermain Improvements FIG. 4 EDEN Eden Prairie Road Improvements (IC# 13-5844) PRAIRIE 02/28/2017 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2017- RESOLUTION RECEIVING FEASIBILITY REPORT AND SETTING PUBLIC HEARING I.C. 13-5844 WHEREAS, pursuant to a resolution of the city council adopted June 18, 2013, a report has been prepared by the City Engineer and received by the City Council on March 7, 2017, recommending the following improvements to wit: I.C. 13-5844 Eden Prairie Road Extension to Flying Cloud Drive(CSAH No. 61) Street and Utility Improvements WHEREAS,the report provides information regarding 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 improvements as recommended; and a description of the methodology used to calculate assessments for affected parcels. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: 1. The council will consider the aforesaid improvements in accordance with the report and the assessment of property abutting or within said boundaries for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429, at an estimated total cost of the improvements of$4,485,300. 2. A public hearing shall be held on such proposed improvements on the 4th day of April, 2017 in the council chambers at 7:00 p.m. at the Eden Prairie City Hall, 8080 Mitchell Road. The City Clerk shall give mailed and published notice of such hearing on the improvements as required by law. ADOPTED by the Eden Prairie City Council on March 7, 2017. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda March 7, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.L. Leslie Stovring Amendment of Conservation Engineering/Environmental Services Easement Over Lots 1 & 2 Block 1 of Settler's West Requested Action Move to: Amend the Conservation Easement over Lots 1 and 2, Block 1 of Settlers West Synopsis A conservation easement was required for the Settlers West development for protection of the wetland, wetland mitigation areas and wetland buffers. However, the conservation easement was extended to cover a pre-existing pipeline easement. This amendment would give the resident space between the conservation easement line and the area that could be maintained lawn. Staff recommends approval of the amendment. Background Information The property owner is requesting to amend the recorded conservation easement. Following are the primary reasons for the amendment. 1. City Code requires a 30 foot minimum and a 60 foot average for wetland buffers adjacent to wetland mitigation sites or wetlands of high quality. The development provided 80 feet of wetland buffer for the lots that included a pipeline easement between the wetland and the proposed building footprint which restricted landscaping and usage of this area. 2. The amendment would provide a minimum of 40 feet between the wetland and the edge of the conservation easement. This would provide the minimum as well as buffer averaging for the wetland. The wetland and the majority of the buffer is within an outlot that was dedicated to the City. 3. The pipeline easement would remain under the drainage and utility easement, providing protection from construction of any structures. 4. The property west of Trails End was approved for a conservation easement adjustment in 2007 due to the placement of the conservation easement in relation to the proposed house. Staff recommends that the amendment of a portion conservation easement be approved as proposed. The proposed change to the conservation easement does meet the Buffer Width requirements of the City's wetland protection ordinance. Attached to this memorandum are diagrams which outline the existing and proposed conservation easement lines. Attachments • Letter dated December 19, 2016 requesting the amendment • Conservation Easement Amendment—Lot 1 • Conservation Easement Amendment—Lot 2 Colleen and Greg Weber 18948 Explorer Trail Eden Prairie, MN 55347 December 19,2016 To: Leslie Stovring Please adjust the conservation easement on our property located at 18948 Explorer Trail, Eden Prairie. As we discussed,this adjustment is to allow for a fence as required for surrounding the pool, maintain the wetland buffer, and ensure prior homeowners structures are now in compliance. As you recommended,we have paid for and obtained a wetland delineation and an engineering survey to indicate a new easement line 25' north of our southern property line. This line has been noted by the engineering survey firm you and I worked with to measure, mark and describe the adjusted easement line. Thank you for your assistance in working through this process. We are pleased to be in compliance with the conservation easement and ensuring the wetland is properly protected. Thank you. Colleen and Greg Weber Homeowners i AMENDMENT TO CONSERVATION/SCENIC EASEMENT THIS AMENDMENT is made this 7th day of March, 2017, by and between Ryan Zick and Heather Zick ("Grantor"), and the City of Eden Prairie, a Minnesota municipal corporation("Grantee"). RECITALS: A. Grantor owns the following described real property: Lot 1, Block 1, SETTLERS WEST, Hennepin County, Minnesota hereinafter referred to as the "Subject Property". B. The North 80 Feet of the Subject Property (the "Easement Area") is subject to that certain Conservation/Scenic Easement dated September 21, 2004, filed of record with the Hennepin County Registrar of Titles on January 18,2005, as Document No. 4066564(the"Easement Agreement"). C. Grantor and Grantee desire to reduce the Easement Area of the Conservation/Scenic Easement as set forth herein by removing the South 55 feet of the North 80 feet from the Easement Area. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,the parties agree as follows: 1. The legal description of the Easement Area is hereby deleted in its entirety and replaced with the following: The North 25 Feet of Lot 1,Block 1, SETTLERS WEST, Hennepin County,Minnesota The revised Easement Area is depicted and referred to as the "CONSERVATION/SCENIC EASEMENT AREA" on the attached Exhibit A. 2. Nothing contained herein modifies, alters or amends the Drainage and Utility Easement dedicated in the plat of SETTLERS WEST or the Pipeline Easement set forth in Doc.No. 894047,both identified on Exhibit A. 3. As amended herein,the parties reaffirm the terms of the Easement Agreement. [Signature Pages and Acknowledgements Follow] IN WITNESS WHEREOF,the parties execute and deliver this Amendment as of the date stated above. GRANTOR: Gregory Weber Colleen Weber STATE OF MINNESOTA ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2017, by Ryan H. Zick and Heather M. Zick,husband and wife. Notary Public GRANTEE: CITY OF EDEN PRAIRIE, a Minnesota municipal corporation By: Name:Nancy Tyra-Lukens Its: Mayor By: Name: Rick Getschow Its: City Manager STATE OF MINNESOTA ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of ,2017,by Nancy Tyra-Lukens and Rick Getschow, respectively the Mayor and City Manager of the City of Eden Prairie, a Minnesota municipal corporation,on behalf of the corporation. Notary Public 3732652.5 Exhibit A Conservation/Scenic Easement Exhibit 2-7-2017 Tax ID: 30.11622320043 Owner: Ryan H. Zick & Heather T41. tick \- i \I. 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MP PO v5.oirlr b Dim.a!girl'mirk.Mkam44 L9657 lLfr x x•is ee SCALE LLQ�KPw a w eLm Sheet 2of2 3732652.5 AMENDMENT TO CONSERVATION/SCENIC EASEMENT THIS AMENDMENT is made this 14th day of February, 2017, by and between Gregory Weber and Colleen Weber("Grantor"), and the City of Eden Prairie, a Minnesota municipal corporation("Grantee"). RECITALS: A. Grantor owns the following described real property: Lot 2, Block 1, SETTLERS WEST, Hennepin County, Minnesota hereinafter referred to as the "Subject Property". B. The North 80 Feet of the Subject Property (the "Easement Area") is subject to that certain Conservation/Scenic Easement dated September 21, 2004, filed of record with the Hennepin County Registrar of Titles on January 18,2005, as Document No. 4066564(the"Easement Agreement"). C. Grantor and Grantee desire to reduce the Easement Area of the Conservation/Scenic Easement as set forth herein by removing the South 55 feet of the North 80 feet from the Easement Area. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,the parties agree as follows: 1. The legal description of the Easement Area is hereby deleted in its entirety and replaced with the following: The North 25 Feet of Lot 2,Block 1, SETTLERS WEST,Hennepin County, Minnesota The revised Easement Area is depicted and referred to as the "CONSERVATION/SCENIC EASEMENT AREA" on the attached Exhibit A. 2. Nothing contained herein modifies, alters or amends the Drainage and Utility Easement dedicated in the plat of SETTLERS WEST or the Pipeline Easement set forth in Doc.No. 894047,both identified on Exhibit A. 3. As amended herein,the parties reaffirm the terms of the Easement Agreement. [Signature Pages and Acknowledgements Follow] IN WITNESS WHEREOF,the parties execute and deliver this Amendment as of the date stated above. GRANTOR: Gregory Weber Colleen Weber STATE OF MINNESOTA ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2017, by Gregory Weber and Colleen Weber,husband and wife. Notary Public GRANTEE: CITY OF EDEN PRAIRIE, a Minnesota municipal corporation By: Name:Nancy Tyra-Lukens Its: Mayor By: Name: Rick Getschow Its: City Manager STATE OF MINNESOTA ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of ,2017,by Nancy Tyra-Lukens and Rick Getschow, respectively the Mayor and City Manager of the City of Eden Prairie, a Minnesota municipal corporation,on behalf of the corporation. Notary Public 3732652.5 Exhibit A Conservation/Scenic Easement Exhibit 11-30-2016 Tax ID: 3011622320044 Owner: Gregory Weber/Colleen Weber l \- ..-6-/ 111{Edge of Wetland 95 30 E N7�°38'2 r 40 it.Wetland Buffer 1 rf 1 j �� + -Proposed Amended Conservation/Scenic Easement 43- ---r Y ExistingDrainage&Utility Easement y., t per plat 8 Pipeline Easeer$ a'per tips.Ho.894047& �` 11 �'rn CanservatIOr�Seenlc Easement ____�_�`�-`r� per Doc.No.40E8564 0th v 4 � t. � 1 n x I�r �� L x r ` _7 �� _.�10 1 $' 7 I W' rr r- (- T i I. r C� t N 4 ea ' 1 11 <•* /I / I\ ' I '` I /04` •� Existing Drainage 8 Utlhty v,' -...1,10 easement per plat f G r %�s. 6`45.49"YJ 152.fi7 t 57 7.78 f I ❑=31°36r02" Xplorer N F-275.00 Trail r z r N 11� I hereby[edgy that this survey,plan,or report was I 1I Eng[neering•surveying prepared by me or under my direct supervision are Landscape Architecture that X am a duly licensed land Surveyor under the 7 1 J laws of the State of Minnesota. ' Paul Thorp,Land surveyor ❑ 25 50 HANSEN THORP FELLINEN OLSON, Inc. Reg.No 13637 Da,: 11.30.16 � 7510 Mabee Place Drive-men Reins.JrW 55344 SCALE IN Fin 952-iR907W•9524294DM fax Sheet 2 of 2 - 3732652.5 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda March 7, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.M. Office of the City Manager/ Approve Contract with Advanced Finance, Sue Kotchevar Engineering and Environmental Services, Inc. Requested Action Move to: Approve the Contract with Advanced Engineering and Environmental Services, Inc. in the amount of$70,000 for a utility rate analysis for water, sanitary sewer, and storm drainage Synopsis In 2010 the City hired AE2S to conduct a utility rate study and again in 2013 to update the study. Staff recommends hiring AE2S again for a utility rate study. The study will be updated and an emphasis placed on evaluating revenue adequacy and rate adjustment recommendations. The cost is same amount paid in 2010. Attachment Contract Standard Agreement for Professional Services This Agreement ("Agreement") is made on the 7th day of March, 2017, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Advanced Engineering and Environmental Services, Inc. a Minnesota Company (hereinafter "Consultant") whose business address is 6901 East Fish Lake Road, Suite 184 Maple Grove, MN 55369. Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for a utility rate design study hereinafter referred to as the "Work". The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit A (utility rate design study proposal) in connection with the Work. The terms of this Agreement shall take precedence over any provisions of the Consultants proposal and/or general conditions. If the Consultants proposal is attached as the Exhibit A Scope of Work, City reserves the right to reject any general conditions in such proposal. 2. Term. The term of this Agreement shall be from March 7th 2017 through December 31, 2017 the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $ 70,000 for the services as described in Exhibit A. A. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. D. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment, The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. B. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on Exhibit A performed prior to receipt of written notice from the City of such suspension. C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. Standard Agreement for Professional Services 2014.04 Page 2 of 8 D. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 6. Project Manager and Staffing. The Consultant has designated Grant Meyer to serve on the Project. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the designated staff from the Project without the approval of the City. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act compliance language. 9. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein. 10. Subcontractor, The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the Standard Agreement for Professional Services 2014.04 Page 3 of 8 performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 11. Independent Consultant. Consultant is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Consultant an employee of the City. 12. Insurance. a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General Liability $1,500,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products —Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 Standard Agreement for Professional Services 2014.04 Page 4 of 8 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. It shall be Consultant's responsibility to pay any retention or deductible for the professional liability insurance. Consultant agrees to maintain the professional liability insurance for a minimum of two (2) years following termination of this Agreement. e. Consultant shall maintain "stop gap" coverage if Consultant obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. f. All policies, except the Worker's Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the "City of Eden Prairie" as an additional insured on ISO forms CG 20 10 07 04 or CG 20 10 04 13; and CG 20 37 07 04 or CG 20 37 04 13, or their equivalent. g. All policies, except the Professional Liability Policy, shall apply on a "per project" basis. h. All polices shall contain a waiver of subrogation in favor of the City. i. All policies, except for the Worker's Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. j. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. k. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City's written acceptance of the Work. I. It shall be Consultant's responsibility to pay any retention or deductible for the coveraeges required herein. m. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days' prior notice to the City, except that if the cancellation or non- renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten (10) days' prior notice to the City. Standard Agreement for Professional Services 2014.04 Page 5 of 8 n. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. o. A copy of the Consultant's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant's Work. Upon request a copy of the Consultant's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to enforce the terms of Consultant's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. p. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Consultants insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 13. Indemnification. Consultant will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Consultant, its agents, contractors and employees, or any negligent or intentional act or Standard Agreement for Professional Services 2014.04 Page 6 of 8 omission performed, taken or not performed or taken by Consultant, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Consultant harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 14. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 15. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all 'of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 16. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 18. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. Standard Agreement for Professional Services 2014.04 Page 7 of 8 19. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 20. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 21. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 22. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager Advanced Engineering and Environmental Services, Inc By: Its: Standard Agreement for Professional Services 2014.04 Page 8 of 8 W W`W.e e'2 .Corn February 24,2017 is f 4., A Ms. Sue Kotchevar Chief Financial Officer City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 RE: 2017 Water, Sewer,and Storm Drainage Utility Rate Design Study Proposal City of Eden Prairie,Minnesota Dear Ms.Kotchevar, In response to your recent request,Advanced Engineering and Environmental Services,Inc.(AE2S)is pleased to offer this proposal for Professional Services for a Water, Sewer, and Storm Drainage Utility Rate Design Study to the City of Eden Prairie. This letter provides our understanding of the project,defines the anticipated scope of services,and establishes the proposed professional fee and project schedule. Project Understanding The Water, Sanitary Sewer, and Storm Drainage Utility Rate Design Study for the City of Eden Prairie, dated September 2010,was prepared by AE2S in collaboration with the City of Eden Prairie staff. Results of the study and rate adjustment recommendations were presented to the Finance Committee, the Conservation Committee, and the Eden Prairie City Council. In conjunction with this study, the City implemented a 5-tiered conservation rate structure with both fixed volumetric components for the Water Utility. Rate structure modifications were also implemented for the Sanitary Sewer,and the Storm Drainage Utilities. The Water,Sanitary Sewer,and Storm Drainage Utility Rate Design Study was updated in 2014. The focus of the 2014 review and update was primarily to address recommended rate increases to address anticipated capital needs,the cost of seasonal irrigation services,and the desire to maintain a fi nancially self-sufficient utility. Over the past several years,the City has experienced changing needs regarding capital improvements and infrastructure investment, and seasonal precipitation has compromised utility revenues. To proactively address ongoing changes throughout the utilities, the City is interested in proactively re-evaluating the ability of the current,or proposed,rate structures to adequately provide the financial resources required for self-sufficient operation of the water,sanitary sewer,and storm drainage utilities. The 2017 Water,Sewer, and Storm Drainage Utility Rate Design Study will target the following primary objectives: ■ Evaluate an increased Base Charge Component for the Water and Sewer Utilities to promote revenue stability; • Accommodate the potential for significant increases in future charges from the Metropolitan Council Environmental Services(MCES); Advanced Engineering and Environmental Services, Inc. Water Tower Place Business Center• 6901 East Fish Lake Road Suite 184• Maple Grove, MN 55369 • It)763-463-5036 •If) 763-463-5037 Ms. Sue Kotchevar Chief Financial Officer Re: 2017 Water,Sewer,and Storm Drainage Utility Rate Design Study Proposal City of Eden Prairie,Minnesota February 24,2017 Page 2 of 6 ■ Evaluate the impact of reallocation of General Fund costs to the three (3) utilities, and/or the implications of adding additional operational staff. ® Implement a four(4)tier structure for Water Utility rates; ■ Incorporate the most current 10-year Capital Improvements Plan projects and the Water Master Plan recommendations(being prepared concurrently with this Utility Rate Study); ® Prepare 10-year rate recommendations for each of the three(3)utilities; ■ Provide guidance regarding annual rate adjustments based on previous year's performance and the following years projection; ▪ Review the reserve fund policies for each of the three(3)utilities and ensure they are supportive of the City's financial goals. To accomplish the objectives outlined above AE2S will prepare a revised Cost of Service Model for the Water Utility and unique Revenue Adequacy Models for each of the Water, Sewer, and Storm Drainage Utilities. AE2S proposes to work closely with City staff to evaluate alternatives, consider alternative outcomes,and recommend implementation of utility rate structures that support the City's goals and vision for the future,but also offers the flexibility to proactively react to changes over time. Scope of Services AE2S proposes the following scope of services based on our understanding of your desire to update the Cost of Service Analysis(COSA),revenue adequacy evaluation,and rate design study for your Utilities. Task l: Information Request and Data Review AE2S will prepare an initial Request for Information document. As part of this initial project work,AE2S will work with the City to gather information including,but not limited to,the following: a. Itemized 2016 actual expenses and revenues for each Utility; b. 2016 year-end financial statements; c. Itemized 2016 and 2017 expense and revenue budgets for each Utility; d. Any debt service obligations of each Utility; e. Any revised information regarding population or water demand projections for the City of Eden Prairie; f. Revised Capital Improvements Plans for each Utility; g. 2013 through 2016. irrigation flows; and h. Updated service connection data. AE2S team members will coordinate with City staff to review available data and coordinate appropriate adjustments,to identify a typical"Test Year"to serve as the basis for the financial models. Ms. Sue Kotchevar Chief Financial Officer Re: 2017 Water,Sewer, and Storm Drainage Utility Rate Design Study Proposal City of Eden Prairie,Minnesota February 24,2017 Page 3 of 6 Task 2: Cost of Service Analysis Update In previous studies, the cost for the City to provide irrigation service to customers was calculated by performing a cost of service analysis(COSA). A COSA allows the City to compare the cost of providing irrigation water for customers to the revenue it generates for the utility. Due to changes in utility rates since the previous study,the City can benefit from updating is irrigation analysis, As part of this update,AE2S will review changes in average day demand,peak day demand,and the irrigation rate structure. Results of the updated COSA will aid the City in making rate determinations and will allow the City to continue to track progress in maintaining,or establishing,rate equity for all users with respect to irrigation, The COSA will also determine the portion of annual costs that are"Fixed"versus "Variable"for both the Water and Sewer Utilities. This analysis will serve as the basis for discussions and recommendations regarding adjustments to the Repair and Operating Charge(Base Charge)for the Water and Sewer Utilities. Task 3:Rate Design AE2S proposes a comprehensive review of the City's utility charges. These charges include:the (fixed) repair and operating charge, the volumetric water charge, the sanitary sewer rate charge, and the storm drainage charge. For each of these charges,AE2S will review the advantages and disadvantages of the current structure and provide recommendations regarding alternatives,when appropriate. Repair and Operating Charge.In an effort to provide the City with an improved ability to address customer concerns, AE2S proposes to review the Repair and Operating Charge component of the utility bills, The Repair and Operating Charge is a fixed charge assessed to customers to partially cover the administrative and other fixed costs of operation. The proposed review will evaluate if the current charge is truly reflective of administrative charges and if there are potential alternatives to the current structure. The review will include a survey of fixed charges in select surrounding communities to aid in identifying alternatives. Alternatives will be evaluated both with respect to the amount of the charge component, and also to the name/title/designation of the charge component. Water, Sewer, and Storm Drainage Rate Design.AE2S proposes to review the City's current rate structure for each of the three (3) utilities. Rate recommendations will consider factors such as fixed and variable cost components, changing operational expenses, planned capital improvements, revenue stability, and target financial goals. AE2S's review will include an evaluation of the advantages and disadvantages of the current rate structure and proposed rate adjustments, and discussions with the City's project team. Water and Sewer Access Charge(WAC/SAC)Fees are not anticipated to be addressed as part of the 2017 Water, Sewer,and Storm Drainage Utility Rate Design Study. Task 4:Revenue Adequacy Evaluation and Rate Adjustment Recommendations AE2S proposes to revise the revenue adequacy evaluation for each utility based on the updated fmancial data and recommended rate structures. AE2S will develop cash flow statements for the Water, Sanitary Sewer, and Storm Drainage Utilities and provide an overview of the financial position of each utility for the next ten (10) years (2017 through 2026) based on available information and reasonable escalation factors for future years. Ms. Sue Kotchevar Chief Financial Officer Re: 2017 Water,Sewer,and Storm Drainage Utility Rate Design Study Proposal City of Eden Prairie,Minnesota February 24,2017 Page 4 of 6 This proposed scope of service assumes that all future capital estimates for the development of the financial models will be developed based on Capital Improvement Project plans provided directly by City staff, in conjunction with the Recommended Annual Reinvestment Amount calculated for each of the three (3) utilities in the 2010 User Rates Analysis Study. Although AE2S will work with City staff to update all capital cost estimates using the best available information,this proposal does not provide for updates to the Recommended Annual Reinvestment analysis (2010) or other determination of capital costs for the utilities. AE2S would be happy to support detailed capital planning for the Storm Drainage utility (or the Water or Sanitary Sewer Utility) as collectively agreed to be in the best interest of the City of Eden Prairie,but such services would be considered outside the scope of this proposal. Additional Services would be negotiated with City staff based on specific requirements and a cooperatively defined scope of services. The Revenue Adequacy Evaluation and Rate Adjustment Recommendations will be evaluated against a range of possible outcomes (Probabilistic Revenue Forecasting), to evaluate the City's ability to achieve financial objectives even when water demand is low for,a given year(s). This sensitivity analysis will provide for a more conservative approach to establishing utility rates. In addition,recommendations will provide guidance regarding annual rate adjustments based on the previous year's actual financial performance and the following years adjusted projections. AE2S will also review the financial goals and recommend reserve account funding levels (Operating Reserve, Capital Reserve, and Debt Reserve) as appropriate given the results of financial projections and City policy. AE2S proposes to develop suggested rate adjustments based on the financial models and preferred rate designs from Task 4. AE2S will review the revenue adequacy analysis and rate design with the City's project team to verify assumptions and discuss the impacts of the rate design alternatives on the financial position of each utility over the next 10-years. Task 5:Develop Report Document and Review Results Following completion of the revenue adequacy evaluation and rate design update, AE2S will provide a preliminary draft 2017 Water, Sewer,and Storm Drainage Utility Rate Design Study to the City of Eden Prairie for review. The Study will provide concise documentation of the project including all analysis, evaluated alternatives, results of financial models, and recommendations. Based on comments received from this review,AE2S will incorporate appropriate modifications and finalize the analysis and the report document. Complete copies of all the final 2017 Water, Sewer, and Storm Drainage Utility Rate Design Study and financial models will be provided to the City of Eden Prairie in electronic format. Ms. Sue Kotchevar Chief Financial Officer Re: 2017 Water,Sewer,and Storm Drainage Utility Rate Design Study Proposal City of Eden Prairie,Minnesota February 24,2017. Page 5 of 6 Task 6:Meetings and Presentations It is anticipated that five (5) Progress Meetings will be coordinated throughout the project to promote collaboration of the Project Team. The Progress Meetings may generally follow the primary task outlined above(Tasks 1 through 5),but will be adjusted as necessary to best accommodate project progress and the schedules of the Eden Prairie team members. AE2S will present the draftft results and recommendations of the 2017 Water, Sewer, and Storm Drainage Utility Rate Study to the Conservation Commission. The presentation is anticipated to be scheduled in September-October 2017. AE2S will present the results and recommendations of the 2017 Water,Sewer,and Storm Drainage Utility Rate Study to the City Council. The presentation is anticipated to be scheduled in November 2017. Additional Services Additional services available to the City of Eden Prairie may include,but are not limited to: 1. Additional meetings or presentations of the results of the analyses to the City of Eden Prairie,other stakeholders, or municipal customers. 2. Evaluation of additional rate design.alternatives. 3. Additional Capital Improvement and/or reinvestment planning for the Water, Sanitary Sewer,or Storm Drainage Utilities. AE2S would be pleased to perform any of the additional services listed above,or other professional services requested by the City. The costs associated with additional services are not included in the fee estimate of this proposal. If requested by the City of Eden Prairie,AE2S will provide services beyond the scope of this proposal on an hourly basis in accordance with the current Hourly Fee and Expense Schedule. Responsibilities of the City of Eden Prairie The City of Eden Prairie will be responsible for the following: 1. Provide AE2S with the data outlined above. Subsequent to AE2S's review of the existing data, City of Eden Prairie representatives will obtain additional data as requested by AE2S and discussed above or make alternate arrangements for AE2S to obtain the requested data. Completion of the tasks specified within the Scope of Services is dependent upon the timely submission of thorough,detailed data. 2. Provide input regarding any interpretation and assumptions associated with revisions to the revenue adequacy model for the utilities. 3. Review draft materials and actively participate in discussions regarding the evaluation of alternatives. Ms.Sue Kotchevar Chief Financial Officer Re: 2017 Water,Sewer,and Storm Drainage Utility Rate Design Study Proposal City of Eden Prairie,Minnesota February 24,2017 Page 6 of 6 Professional Fees and Schedule AE2S proposes to render the.Scope of Services outlined in this proposal for an,estimated amount of Seventy thousand dollars ($70,000). Professional fees will be billed on an hourly basis, including reimbursable expenses. Total compensation will not exceed the established amount without written authorization from the City. DESCRIPTION ESTIMATED FEE Task 1: Information Request and Data Review $ 2,100 Task 2: Cost of Service Analysis $ 8,500 Task 3: Rate Design $ 7,500 Task 4: Revenue Adequacy Evaluation and Rate Adjustment $ 28,400 Recommendations Task 5: Report Preparations $ 15,000 Task 6: Meetings and Presentations(including preparation) $ 8,500 TOTAL $ 70,000 AE2S is available to begin work on this project immediately upon acceptance of this proposal by the City of Eden Prairie. The project is proposed to be completed in accordance with the following primary milestones: • Draft Utility Rate Study- August 24, 2017 • Presentation to Conservation Commission- TBD • Final Utility Rate Study- September 29,2017(pending review) • Presentation to City Council- November 2017(TBD) We appreciate the opportunity to continue working with you and your staff on continued improvements to the City's utility rate structures. We look forward to working with you to facilitate the successful implementation of rate adjustments that are in the best interest of the City of Eden Prairie. Should you have any additional questions or comments with respect to our proposal,please feel free to contact me at (763)463-5036,or via email at Grant:Irlever;c:ae2s.com. Sincerely, eyer,PE Client Program Leader CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda March 7, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.N. FIRE Amend Eden Prairie Firefighters Relief Association Bylaws Requested Action Move to: Approve an amendment to the Bylaws for the Eden Prairie Firefighter Relief Association pursuant to Article XVIII. Synopsis The EPFRA members amended Article XIV, Paragraph 2 to address an administrative housekeeping issue. The amendment consists of additional language to the current Bylaws identified as underlined text below. Bylaws,Article XIV -Funds, Paragraph 2— General Fund The funds received by the Association from dues, fines, application fees, entertainment, and other miscellaneous sources shall be kept in the General Fund of the Association, on the books of the Secretary and the Treasurer, and may be disbursed to conduct the routine business of the Association or for any purpose related to the welfare of the Association or its members as approved by the Board or the general membership. Expenditures greater than $500.00 require approval by the majority of members present and voting at any annual or special meeting of the members. Background Currently the Bylaws require that any amounts disbursed from the General Fund of the EPFRA are approved"by the majority of members present and voting at any annual or special meeting of the members." The General Fund's purpose is to hold funds such as dues and fees received from the EPFRA membership and to pay such expenses such as providing flowers in offering condolences to a member firefighter. It is separate and distinct from the Special Fund that is used for the payment of the memberships' pension benefits. The General Fund and Special Fund are both audited annually by an outside accounting firm. The Board of Trustees seeks an amount of$500 under which such expenditures do not require a meeting of its membership for approval. CITY COUNCIL AGENDA DATE: SECTION: Public Hearing March 7, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.A. Community Development 2017 CDBG Funding Recommendations Janet Jeremiah, Director Molly Koivumaki, Housing and Human Services Manager Requested Action Move to: Close the public hearing and adopt the Resolution approving the use of 2017 CDBG funds as recommended by the Eden Prairie Human Services Review Committee. Synopsis The 2017 CDBG allocation has not yet been announced by the office of Housing and Urban Development(HUD). However, the Human Services Review Committee used the conservative estimate of$200,000 in funding to make the funding recommendations as listed below. Once the actual amount is received, the Housing Rehabilitation Program will be increased or decreased accordingly. The regulations stipulate that public service funding may not exceed 15 percent of the City's total allocation ($200,000),plus 15 percent of the previous year's program income ($155,000). The Human Services Review Committee reviewed the 2017 CDBG proposals and recommended the following activities be funded. # Human Services Activity Funding County % of Level Priority Allocation 1 PROP Housing Support Services $22,000 High 11% 2 YMCA Child Care Subsidy $10,000 High 5% 3 HOME (Household & Outside Maintenance for $9,000 High 4% the Elderly) 4 PROP (Emergency Vehicle Repair) $12,000 High 6% Subtotal $53,000 Housing Activities Funding County Level Priority 5 Housing Rehabilitation Deferred Loan Program $67,000 High 34% 6 Affordable Housing -WHAHLT $55,000 High 28% 7 Fair Housing Initiative $2,000 High 1% 8 Program Administration $23,000 High 11% Grand Total $200,000 Background Information 2017 Allocation Process The discussion of how to distribute the 2017 CDBG funds through the Human Services Review Committee included a complete review of all "Request for Funding" applications and the distribution percentage of funds in 2016. The Committee's goals were to have the best and highest use of these funds for human services that demonstrated the most direct benefit to the community. Attachments 2017 CDBG Summary of Proposals 2017 Resolution 2017 Action Plan 2017 CDBG Public Service Application Summary 2017 Type of 2017 2016 HSRC Clients Projected Funds Activity Agency Request Funding Recomme Description Served Clients ndation 2016* 2017 Emergency Emergency financial 9 Public Service Housing PROP $26,000 $22,000 $22,000 assistance for rent/mortgage Households 17 Assistance payments $11,082 Households Household Senior Provide maintenance and chore 19 Chore& Comm. service to residents 60 and older Households 28 Public Service Main. Services $10,000 $9,000 $9,000 $6,894 Households for elderly (HOME) Car repair for low-income Eden 13 Prairie families. PROP will Vehicle Households 16 Public Service Repair PROP $12,000 $12,000 $12,000 administer the program that pays 75% $6,777 Residents of repair costs up to$750 per low/mod income resident. Subsidize before and after school Childcare child care for low/mod income Eden 19 20 Public Service subsidy YMCA $15,000 $10,000 $10,000 childPrair care foies. Individuals Youth $4500 TOTAL $63,000 $53,000 $53,000 *Clients served 7/1/2016 through 12/31/2016 Public Service funds available for 2017=$53,000 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2017- RESOLUTION APPROVING USE OF FUNDS FOR 2017 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS WHEREAS, the City of Eden Prairie, as an entitlement community, participates in the Community Development Block Grant Program; and WHEREAS,the City of Eden Prairie has developed a proposal for the use of CDBG funds, and held a public hearing on March 7, 2017, to obtain the views of citizens on the proposed use of $200,000 for the 2017 Community Development Block Grant Program. BE IT RESOLVED that the City Council of the City of Eden Prairie approves the following activities for funding from the Block Grant program, and authorizes and directs the Mayor and the City Manager to execute Sub recipient and Third Party Agreements on behalf of the City. # Human Services Activity Funding Level 1 PROP Housing Support Services $22,000 2 YMCA Child Care Subsidy $10,000 3 HOME (Household & Outside Maintenance for $9,000 the Elderly) 4 PROP (Emergency Vehicle Repair) $12,000 Subtotal $53,000 Housing Activities Funding Level 5 Housing Rehabilitation Deferred Loan Program $67,000 6 Affordable Housing-WHAHLT $55,000 7 Fair Housing Initiative $2,000 8 Program Administration $23,000 Grand Total $200,000 ADOPTED by the City Council of the City of Eden Prairie this 7th day of March, 2017. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk 2017 CDBG Action Plan City of Eden Prairie Executive Summary AP-05 Executive Summary - 91.200(c), 91.220(b) 1. Introduction The City of Eden Prairie became a Community Development Block Grant (CDBG) entitlement community in 2006. CDBG funds are allocated to the City directly from the U.S. Department of Housing and Urban Development(HUD). The City remains a part of the Hennepin County Consortium for purposes of the Five Year Consolidated Plan and HOME funding. 2. Summarize the objectives and outcomes identified in the Plan This could be a restatement of items or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis or the strategic plan. The City of Eden Prairie will carry out activities that will provide for the preservation of the City's housing stock, provide affordable housing options, provide essential services to seniors,families and children and support Fair Housing activities. The city's CDBG allocation will be used for housing rehabilitation, energy improvements, accessibility improvements and emergency repairs for the purpose of maintaining decent affordable housing. The city plans to rehab six low/mod income, owner occupied homes during 2017. The City's CDBG allocation will be used for affordable housing to help provide decent housing, while maintaining affordability and sustainability. CDBG funds will be used for a first time home buyer program to assist two low/moderate inome households purchase their first homes. CDBG funds will be used by the West Hennepin Affordable Housing Land Trust to help acquire one single family home, which will then be sold to a low/mod income first time homebuyer. The city supports public service programs that provide assistance to low/moderate income seniors, families and individuals.These funds help provide access to suitable living environments, maintain affordability, availability and accessibility to housing activities. It is anticipated that 81 low/mod income Eden Prairie residents will be assisted through PROP,YMCA, and Senior Community Services. The City will utilize CDBG funds to support fair housing activities. Annual Action Plan 1 2017 OMB Control No:2506-0117(exp.07/31/2015) 3. Evaluation of past performance This is an evaluation of past performance that helped lead the grantee to choose its goals or projects. Due to the limited amount of CDBG funds received,the city carefully considers each project to make sure that it will meet as many housing and community development needs as possible. There is particular focus on this with the public service agencies, requiring them to report of past performance and anticipated future performance when applying for funds.The majority of organizations receiving CDBG funding from the City of Eden Prairie meet 100 percent of their expected performance goals. These organizations continuously experience high demand for their services and give the city insight into community needs. 4. Summary of Citizen Participation Process and consultation process Summary from citizen participation section of plan. The City of Eden Prairie is part of the Hennepin County Consortium, and therefore the City's Consolidated Plan is part of the Hennepin County Consortium Consolidated Plan. The City follows Hennepin County's Citizen Participation Plan, which calls for the Hennepin County Consortium Action Plan to be available for public comment 30 days prior to a public hearing before the Hennepin County Board. The Eden Prairie City Council holds their own public hearing and allows the public to comment on the proposed activities. Notice of the public hearing is published in the Eden Prairie News thirty days prior to the council meeting. The City's Human Services Review Committee responds to questions and inquiries about the plan, and makes recommendations to the City Council based on feedback. For the 2017 program year,the public notice was published on February 2, 2017 and the council meeting was held on March 7, 2017. 5. Summary of public comments This could be a brief narrative summary or reference an attached document from the Citizen Participation section of the Con Plan. No comments have been received by the city of Eden Prairie. 6. Summary of comments or views not accepted and the reasons for not accepting them N/A 7. Summary Annual Action Plan 2 2017 OMB Control No:2506-0117(exp.07/31/2015) In summary,the City continues to serve as many low/moderate income households as possible. The city believes that its citizen participation plan as well as input from public service providers enables it to administer CDBG funds efficiently and to meet the needs of it's residents. The activities to be undertaken during the 2017 fiscal year address the priority needs and local objectives as set forth in the Consolidated Plan. The activities that are part of the 2017 Action Plan are to be completed within 12 months from the time funds are allocated to the City of Eden Prairie. Annual Action Plan 3 2017 OMB Control No:2506-0117(exp.07/31/2015) PR-05 Lead & Responsible Agencies - 91.200(b) 1. Agency/entity responsible for preparing/administering the Consolidated Plan The following are the agencies/entities responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source. Agency Role Name Department/Agency CDBG Administrator EDEN PRAIRIE Community Development Table 1—Responsible Agencies Narrative The city of Eden Prairie administers the city's CDBG program, but is a part of the Hennepin County consortium for purposes of the HOME program. The county is the lead of the consortium per the joint cooperation agreement. Consolidated Plan Public Contact Information Jeanne Karschnia City of Eden Prairie 8080 Mitchell Rd Eden Prairie, MN 55344 952-949-8486 jkarschnia@edenprairie.org Annual Action Plan 4 2017 OMB Control No:2506-0117(exp.07/31/2015) AP-10 Consultation - 91.100, 91.200(b), 91.215(1) 1. Introduction The City of Eden Prairie has a Development Review Committee comprised of staff from Housing and Human Services, Community Development and Planning, Engineering, Fire and Inspections. This committee meets weekly to review proposals for new development and projects. This group works directly with developers, non-profit agencies and other governmental agencies and transit authorities to ensure that all perspectives are considered throughout the review process. Provide a concise summary of the jurisdiction's activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(1)). It is anticipated that the South West Light Rail (SWLRT) line that will run from Minneapolis to Eden Prairie will have a significant impact on the community. Several working groups have been formed to work on various components of the project. One such work group is focused on housing along the new transit corridor, and includes staff from Hennepin County,the cities of Minneapolis, St. Louis Park, Hopkins, Minnetonka, Edina and Eden Prairie. Maxfield Research was contracted to prepare a Corridor-wide housing inventory at the one-half mile, one-mile and two-mile radius surrounding each proposed transit station along the corridor. Eden Prairie is expected to have four transit stations. The inventory provides an analysis on housing conditions, population demographics, employment, education, community trends and so forth. The report will help communities understand where opportunities exist for housing, including affordable housing and other transit oriented development. A scond study was conducted by Marquette Advisors whcih determined the gaps that currently exist in housing options. This information will assist policy makers in strategic planning for the appropriate mix of housing along the corridor. A Corridor Housing Strategy has been prepared for communities along the corridor to use to implement housing and economic development. A model Resolution was also prepared for elected officials to consider. The City of Eden Prairie has developed many relationships with private and other public agencies from which it gathers input on its activities set out in the Action Plan and also seeks implementation of some of these activities. The City is in contact with non-profit organizations (both those partially funded with City CDBG funds and those that are not)to learn about the changes in their cliental. Many of these organizations have seen an increase in cliental, including those who have never had to access the service in the past. Annual Action Plan 5 2017 OMB Control No:2506-0117(exp.07/31/2015) Finally,the City also works with various public agencies including other cities, Hennepin County, and state agencies. This collaboration allows the City to find out more about what these organizations are seeing in their community and help the City prepare for these issues which may arise. Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families,families with children,veterans, and unaccompanied youth) and persons at risk of homelessness. Members of the Minneapolis/Hennepin County Continuum of Care (CoC) &the Office to End Homelessness (OEH) help coordinate funding by participating on funding review committees and working to ensure consistent goals&data from all providers.The CoC's funding committee actively evaluates existing and proposed projects for service to the chronically homeless. Our street outreach team engages unsheltered people and works with a network of providers to find housing for families and individuals. The CoC's Family Services Network meets monthly to identify and address issues in serving homeless families. Family services will be the first part of our CoC's Coordinated Assessment implementation, covering a continuum of services for families from prevention to permanent supportive housing.Amidst growing concern that more families were entering shelters each year and with a 25% repeat shelter stay within 2 years, a new initiative was launched in 2014 to better serve those families with longer-term rental subsidies, enhanced employment services,tighter connection to child care and more targeted use of permanent supportive housing for families with 3 episodes of homelessness in 3 years.Though still only a pilot, in January 2015, the number of families in county-contracted shelter was 24% lower than a year ago. Domestic violence agencies are part of the CoC's Family Services Network planning process as well. In Minnesota, all openings in domestic violence shelters are coordinated in the Day One system. As our Coordinated Assessment system is implemented, domestic violence services and shelters will be encouraged to participate and features of the Day One system will be mimicked acknowledging the unique needs of families facing domestic violence and protecting their privacy. Youth:The CoC addresses this youth with these plans &strategies: Prevention & RRH services by a network of providers,Youth Mental Health Outreach,Youth In-reach Worker for age 24&younger in adult shelters, drop-in centers, StreetWorks Collaborative street outreach, housing opportunities & services for youth 17 &younger and 18-24, self-support assistance and training, annual Youth Connect events,Youth Opportunity Center, and Youth Service Coordination meetings. Minnesota recently enacted legislation that youth under age 18 who are sexually exploited are victims, not perpetrators, of a crime.The MN legislature also enacted funding for emergency shelters for sexually exploited youth. Veterans: OUTREACH: Annual "Stand Down"for homeless veterans by Minnesota Assistance Council for Veterans (MACV), collaboration with Minneapolis VA Mental Health Homeless Programs &VISN Annual Action Plan 6 2017 OMB Control No:2506-0117(exp.07/31/2015) Coordinator to provide outreach at adult Opportunity Center, shelters & Drop-in Centers, the VA's "Front Porch Group", VA MH Homeless Mobile Outreach program, and Minneapolis VA's Community Resource & Referral Center in downtown Minneapolis. SUPPORTIVE HOUSING: in collaboration with others,the CoC will solicit & support proposals for new housing opportunities for veterans using federal, state & local resources. PREVENTION: statewide SSVF grantee serves veterans in our CoC-over 70 in 2013 with direct assistance and dozens more with referrals. VASH: to date Minneapolis Public Housing Authority(MPHA) has received & put into service 205 vouchers. The CoC works closely with VA's Coordinator for homeless programs and designated staff at MPHA. HOPWA: CoC staff is part of MN HIV Housing Coalition, setting priorities & direction for this funding in MN.TANF: as part of CoC, Hennepin County Human Services administers this locally, targeting funding consistent with OEH goals& priorities, including homelessness prevention & RRH; Runaway and Homeless Youth (RHY): CoC assists state recipient to review local proposals for this funding. Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS Eden Prairie does not receive ESG funds. 2. Agencies, groups, organizations and others who participated in the process and consultations Annual Action Plan 7 2017 OMB Control No:2506-0117(exp.07/31/2015) Table 2—Agencies,groups,organizations who participated 1 Agency/Group/Organization EDEN PRAIRIE Agency/Group/Organization Type Other government- Local What section of the Plan was addressed by Housing Need Assessment Consultation? Non-Homeless Special Needs Market Analysis Economic Development Briefly describe how the Agency/Group/Organization Human Services Review Committee: This committee is comprised of City staff from was consulted. What are the anticipated outcomes of a variety of departments, including Housing and Human Services, Zoning the consultation or areas for improved coordination? Enforcement, Police, Administration and Parks and Recreation. This group meets monthly to work on issues related to housing and human services. Each year,this committee reviews requests for funding from service providers and makes funding recommendations to the City Council. There are two sources of funding for human services, the City's general fund and CDBG.The recommendations are based on review of written proposals, site visits and other methods to determine the quality of the service and the overall value to the community. 2 Agency/Group/Organization SENIOR COMMUNITY SERVICES Agency/Group/Organization Type Services-Elderly Persons What section of the Plan was addressed by Non-Homeless Special Needs Consultation? Annual Action Plan 8 2017 OMB Control No:2506-0117(exp.07/31/2015) Briefly describe how the Agency/Group/Organization The city holds an annual non-profit funding review with the Human Services was consulted. What are the anticipated outcomes of Review Committee.To determine needs for low/mod income seniors living in Eden the consultation or areas for improved coordination? Prairie,the city consults with Senior Community Services. Senior Community Services is able to tell city employees what trends they are seeing in the senior community and what the greatest need is. Currently, as the population ages, many seniors are trying to stay in their homes longer. By providing chore services through the HOME program,they are able to help seniors avoid moving out of their homes. 3 Agency/Group/Organization People Reaching out to Other People Agency/Group/Organization Type Services- Housing Services-homeless Transportation What section of the Plan was addressed by Housing Need Assessment Consultation? Homeless Needs- Families with children Non-Homeless Special Needs Market Analysis Economic Development Annual Action Plan 9 2017 OMB Control No:2506-0117(exp.07/31/2015) Briefly describe how the Agency/Group/Organization The city holds an annual non-profit funding review with the Human Services was consulted. What are the anticipated outcomes of Review Committee. To determine need and anticipated resources for low/mod the consultation or areas for improved coordination? income families living in Eden Prairie. The city consulted PROP to help with planning the best way to use CDBG funds to prevent homelessness. The city relies on PROP to forward their data to the city so that we are able to prevent homelessness before it becomes a problem. PROP helps the city understand that funding from the city is a high priority in the fight against homelessness. PROP assists Eden Prairie residents who are in danger of becoming homeless and need housing assistance. After consulting with PROP regarding car repair need in the community, it was determined that there is a large need for car repair assistance in Eden Prairie so low/mod income residents have dependable transportation to work and school. 4 I Agency/Group/Organization SOUTH DALE YMCA Agency/Group/Organization Type Services-Children What section of the Plan was addressed by Non-Homeless Special Needs Consultation? Briefly describe how the Agency/Group/Organization The city holds an annual non-profit funding review with the Human Services was consulted. What are the anticipated outcomes of Review Committee. To determine need and anticipated resources for low/mod the consultation or areas for improved coordination? income families living in Eden Prairie. The YMCA sees a need for before and after school care for low/mod income Eden Prairie children whose parents are working and are unable to afford quality child care for their children 5 Agency/Group/Organization WEST HENNEPIN AFFORDABLE HOUSING LAND TRUST Agency/Group/Organization Type Housing What section of the Plan was addressed by Housing Need Assessment Consultation? Annual Action Plan 10 2017 OMB Control No:2506-0117(exp.07/31/2015) Briefly describe how the Agency/Group/Organization The city consulted with WHAHLT to determine the need for affordable housing and was consulted. What are the anticipated outcomes of the availability of housing in the city. WHAHLT struggles with finding available the consultation or areas for improved coordination? properties within Eden Prairie that are affordable. Finding affordable housing in Eden Prairie is a high priority for the city and working with WHAHLT is a way to attain this goal. Identify any Agency Types not consulted and provide rationale for not consulting All agencies listed above were consulted. Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Continuum of Care The city's Comprehensive Guide Plan lays out development of the city for the next 30 City of Eden Prairie City of Eden Prairie years. It also identifies affordable housing efforts within the city, which may be impacted Comprehensive Guide Plan by the city's CDBG efforts. The Corridor Housing Strategy studied the cityAGAaAas housing and economic Corridor Housing Strategy Hennepin County development opportunities along the corridor. Table 3-Other local/regional/federal planning efforts Narrative The City of Eden Prairie coordinates with Hennepin County, and the other entitlement communities that comprise the consortium, in setting the priorities of need,the citizen participation and the fair housing strategic plan for the five year span. Annual Action Plan 11 2017 OMB Control No:2506-0117(exp.07/31/2015) AP-12 Participation - 91.401, 91.105, 91.200(c) 1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting The Consortium supports and encourages the participation of citizens, community groups, and other interested agencies in both the development and the evaluation of the Plan's programs and activities. The citizen participation process is designed to encourage all residents, including non-English-speaking and minority populations. Extremely low and low-income persons are especially encouraged to participate in the process, particularly those individuals living in blighted areas and in public housing or other assisted housing. Attempts are made to include residents of areas where CDBG-funded projects currently exist or are proposed, such as assisted housing developments and targeted revitalization areas. The Consortium worked with area community-based organizations, obtaining input from target populations through surveys, and meetings. Goals were set to best serve community and population needs. The City of Eden Prairie's citizen participation process includes an RFP process that allows non-profit agencies to apply for public service grant funding. Through this process,the City engages with social service providers,the faith community and school district staff to learn about the needs in the community and how to best allocate pubic service funds in the most effective manner. Applicants,for the most part, live or work in Eden Prairie and by participating in the RFP process,they broaden their individual and organizational knowledge of how the city manages CDBG funds. The City's Human Rights & Diversity Commission receives a presentation when the RFP process is underway and Commissioners are encouraged to help spread the word about the potential funding source to non-profit service providers that may know. The citizen participation process impacted goal setting by giving Eden Prairie a clear understanding of where the funds would be best allocated to meet the greatest needs in our community. Annual Action Plan 12 2017 OMB Control No:2506-0117(exp.07/31/2015) Citizen Participation Outreach Sort Ord Mode of Outre Target of Outre Summary of Summary of Summary of comm URL(If applicable) er ach ach response/attenda comments recei ents not accepted nce ved and reasons The comments were made by the public Attendance by service two public service providers and Non- providers. One were related to 1 Public Hearing targeted/broad public service providing N/A community provider sent information comments via about the email. organization and thanking the city council for their support. http://www.edenprairie.org/city Non- Internet No comments 2 targeted/broad N/A N/A government/departments/com Outreach received community munity-development/housing- a n d-co m m u n ity-services Non- 3 Newspaper Ad targeted/broad N/A No comments N/A received community Table 4—Citizen Participation Outreach Annual Action Plan 13 2017 OMB Control No:2506-0117(exp.07/31/2015) Expected Resources AP-15 Expected Resources —91.420(b), 91.220(c) (1, 2) Introduction During the 2017 program year,the city will receive $200,000 in grant funds and approximately$30,000 in program income. The city will use these funds along with prior year program income to fund approved projects. Anticipated Resources Program Source Uses of Funds Expected Amount Available Year 1 Expected Narrative Description of Funds Annual Program Prior Year Total: Amount Allocation: Income: Resources: $ Available $ $ $ Reminder of ConPlan $ CDBG public- Acquisition During the 2017 program year,the city will federal Admin and receive$200,000 in grant funds and Planning approximately$30,000 in program income. Economic The city will use these funds along with prior Development year program income to fund approved Housing projects. Public Improvements Public Services 200,000 30,000 100,000 330,000 700,000 Table 5-Expected Resources—Priority Table Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how Annual Action Plan 14 2017 OMB Control No:2506-0117(exp.07/31/2015) matching requirements will be satisfied When possible, federal funds are leveraged with additional resources. For the housing rehabilitation program, homeowners will use their own funds with the CDBG funds. Affordable housing programs leverage additional county, state and federal funds for additional down payment assistance and rehab of purchased properties. All public service agencies use CDBG funds to leverage additional public and private funds. In most cases, CDBG funds are only a small portion of their total budget. Commitment of CDBG funds by the city allows the public service agencies to seek out additional funding sources that require a commitment. If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs identified in the plan N/A Discussion Annual Action Plan 15 2017 OMB Control No:2506-0117(exp.07/31/2015) Annual Goals and Objectives AP-20 Annual Goals and Objectives - 91.420, 91.220(c)(3)&(e) Goals Summary Information Sort Goal Name Start End Category Geographic Needs Addressed Funding Goal Outcome Indicator Order Year Year Area 1 Homeowner 2015 2019 Affordable Housing Citywide Preserve/Create CDBG: Homeowner Housing Rehabilitation Single Family $142,000 Rehabilitated: 11 Household Homeownership Housing Unit 2 Direct 2015 2019 Affordable Housing Citywide Preserve/Create CDBG: Homeowner Housing Added: 1 Homebuyer Single Family $105,000 Household Housing Unit Assistance Homeownership Direct Financial Assistance to Homebuyers: 2 Households Assisted 3 Senior Services 2015 2019 Non-Housing Citywide Education, Outreach CDBG: Public service activities other than Community and Services $9,000 Low/Moderate Income Housing Development Benefit: 28 Persons Assisted 4 Emergency 2015 2019 Affordable Housing Citywide Education, Outreach CDBG: Public service activities other than Services Non-Housing and Services $34,000 Low/Moderate Income Housing Community Benefit: 16 Persons Assisted Development Public service activities for Low/Moderate Income Housing Benefit: 17 Households Assisted 5 Youth Services 2015 2019 Non-Housing Citywide Education, Outreach CDBG: Public service activities other than Community and Services $10,000 Low/Moderate Income Housing Development Benefit: 20 Persons Assisted Annual Action Plan 16 2017 OMB Control No:2506-0117(exp.07/31/2015) Sort Goal Name Start End Category Geographic Needs Addressed Funding Goal Outcome Indicator Order Year Year Area 6 Fair Housing 2015 2019 Fair Housing Citywide Fair Housing CDBG: Other: 1 Other $2,100 7 Administration 2015 2019 Administration Citywide Administration CDBG: Other: 1 Other $22,000 8 Rehab Grants 2015 2019 Non-Homeless Citywide Rehab Grants CDBG: Facade treatment/business Special Needs $25,000 building rehabilitation: 1 Business Table 6-Goals Summary Goal Descriptions 1 Goal Name Homeowner Rehabilitation Goal During the 2017 grant year, the City of Eden Prairie expects to rehabilitate 6 owner-occupied homes through the Housing Description Rehabilitation Loan Program.The program is funded using CDBG formula funds and program income.The program provides up to$30,000 for eligible repairs through an interest free, deferred loan, payable after 30 years or when the property is sold. Applications are accepted year round on a "first come,first served" basis. Applicants qualify based on their household income and the amount of equity in their home. An emergency rehab grant program will also be available for seniors to receive grants up to $5000 to make emergency repairs to their homes. It is expected the 5 emergency grants will be made in 2017. 2 Goal Name Direct Homebuyer Assistance Goal The city assists first time homebuyers through a downpayment assistance program and through the WHAHLT program. The Description city expects to provide 2 First Time Homebuyer loans and one grant to WHAHLT for acquisition. Downpayment assisitance is an interest free deferred loan up to $25,000 that provides 50%of the required down payment, $5000 in closing costs and 10% principle reduction. Annual Action Plan 17 2017 OMB Control No:2506-0117(exp.07/31/2015) 3 Goal Name Senior Services Goal Assistance to seniors with interior and exterior home maintenance (such as yard work, snow removal, and minor repairs) Description to help seniors remain in their homes with dignity and safety. 4 Goal Name Emergency Services Goal Provide assistance to households in danger of becoming homeless that need emergency assistance for housing costs Description (rent/mortgage). Provide emergency transportation assistance through the Emergency Vehicle Repair program. 5 Goal Name Youth Services Goal Provide low-income Eden Prairie parents, who may be working or attending school, with child care fee assistance. Description 6 Goal Name Fair Housing Goal Fair Housing activities include education for property managers, staff training, community outreach, and referral to Legal Aid. Description Funds are provided to Hennepin County for implementation of the Fair Housing activity. 7 Goal Name Administration Goal Administrative costs associated with the implementation of the CDBG program for the city of Eden Prairie. Description 8 Goal Name Rehab Grants Goal Provide rehabilitation grants to non profits that serve low/mod income Eden Prairie residents. Description Table 7—Goal Descriptions Annual Action Plan 18 2017 OMB Control No:2506-0117(exp.07/31/2015) AP-35 Projects - 91.420, 91.220(d) Introduction As determined at the March 7, 2017 public hearing, and adopted by Eden Prairie City Council Resolution No. 2017,the city of Eden Prairie will undertake activities related to housing rehabilitation, homebuyer assistance, public services,fair housing, and program administration. # Project Name 1 Housing Rehabilitation 2 Affordable Housing 3 Family Public Services 4 Senior Services 5 Fair Housing 6 Program Administration 7 Rehab Grants Table 8—Project Information Describe the reasons for allocation priorities and any obstacles to addressing underserved needs At a public hearing held by the Eden Prairie City Council on March 7, 2017 and through Eden Prairie Resolution No. 2017, the city has allocated it's 2017 CDBG funds. The focus of the allocation continues to be on housing rehabilitation and affordable housing initiatives. The City is in contact on a regular basis with a number of nonprofit agencies which coordinate and provide assistance for those who have underserved needs. During 2017,the City will continue to be in contact with these agencies to learn about the underserved need in the community and how the City can help meet these needs. An obstacle to meeting underserved needs the City has encountered has been a lack of clients in its First Time Homebuyer Program. Due to the declining housing market in the area, the City has encountered a lack of available housing in the price range that is within reach of young families and individuals who qualify for mortgages in the range of$150,000 to$170,000. This lack of single family homes has become a barrier to first time homebuyers looking to purchase a home in Eden Prairie using the First Time Homebuyer Program. Annual Action Plan 19 2017 OMB Control No:2506-0117(exp.07/31/2015) AP-38 Project Summary Project Summary Information 1 Project Name Housing Rehabilitation Target Area Goals Supported Homeowner Rehabilitation Needs Addressed Preserve/Create Single Family Homeownership Funding CDBG: $122,000 Description Housing rehabilitation for low/mod income Eden Prairie homeowners Target Date 6/30/2018 Estimate the number and type It is estimated that six low/mod income Eden Prairie families will benefit from the Housing rehab program of families that will benefit and four low/mod seniors will benefit from the emergency housing rehab program. from the proposed activities Location Description This is a city wide program Planned Activities Housing rehabilitation of owner occupied Eden Prairie homes. 2 Project Name Affordable Housing Target Area Goals Supported Direct Homebuyer Assistance Needs Addressed Preserve/Create Single Family Homeownership Funding CDBG: $105,000 Description Funding for down payment assistance for low mod income first time homebuyers and the WHAHLT program which assists low/mod income first time homebuyers. Annual Action Plan 20 2017 OMB Control No:2506-0117(exp.07/31/2015) Target Date 6/30/2018 Estimate the number and type Three low/mod income first time homebuyers will benefit. of families that will benefit from the proposed activities Location Description This is a city wide program. Planned Activities First Time Homebuyer down payment assistance WHAHLT-affordable housing acquisition 3 Project Name Family Public Services Target Area Goals Supported Emergency Services Youth Services Needs Addressed Education, Outreach and Services Funding CDBG: $44,000 Description Use CDBG funds to assist low/mod income Eden Prairie residents with child care, car repair, and emergency housing assistance. Target Date 6/30/2018 Estimate the number and type Emergency Housing- 17 of families that will benefit Car Repair 16 from the proposed activities Child Care - 20 Location Description Citywide Planned Activities Emergency rent/mortgage assistance, child care subsidy and emergency car repair 4 Project Name Senior Services Target Area Annual Action Plan 21 2017 OMB Control No:2506-0117(exp.07/31/2015) Goals Supported Senior Services Needs Addressed Education, Outreach and Services Funding CDBG: $9,000 Description Provide maintenance and chore assistance to seniors. Target Date 6/30/2018 Estimate the number and type 28 low/mod income seniors will receive chore service benefits of families that will benefit from the proposed activities Location Description Citywide Planned Activities Provide maintenance and chore assistance to seniors. 5 Project Name Fair Housing Target Area Goals Supported Fair Housing Needs Addressed Fair Housing Funding CDBG: $2,000 Description Fair housing activities Target Date 6/30/2018 Estimate the number and type of families that will benefit from the proposed activities Location Description Citywide Annual Action Plan 22 2017 OMB Control No:2506-0117(exp.07/31/2015) Planned Activities The city of Eden Prairie will participate in and help to fund fair housing activities through the Fair Housing Implementation Council, which provides support for fair housing activities. Activities include education for property managers, staff training community putreach and referral to Legal Aid. funds are provided to Henne[in County for implementation of the fair housing activity. 6 Project Name Program Administration Target Area Goals Supported Administration Needs Addressed Administration Funding CDBG: $23,000 Description Implement and coordinate the CDBG program Target Date 6/30/2018 Estimate the number and type of families that will benefit from the proposed activities Location Description Citywide Planned Activities Implement and coordinate the CDBG program. 7 Project Name Rehab Grants Target Area Goals Supported Rehab Grants Needs Addressed Rehab Grants Funding CDBG: $25,000 Description Provide grants to non profits for rehabilitation of facilities Target Date 6/30/2018 Annual Action Plan 23 2017 OMB Control No:2506-0117(exp.07/31/2015) Estimate the number and type Provide a rehabilitation grant to one non profit organization that serves low/mod income Eden Prairie of families that will benefit residents. from the proposed activities Location Description Citywide Planned Activities Facility rehabilitation Annual Action Plan 24 2017 OMB Control No:2506-0117(exp.07/31/2015) AP-50 Geographic Distribution - 91.420, 91.220(f) Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed All programs will be provided on a city-wide basis and will be directed to low/mod income Eden Prairie residents. Geographic Distribution Target Area Percentage of Funds Citywide 100 Table 9-Geographic Distribution Rationale for the priorities for allocating investments geographically Because there are no concentrations of poverty or other significant factors, all programs are available city-wide. Discussion Annual Action Plan 25 2017 OMB Control No:2506-0117(exp.07/31/2015) AP-85 Other Actions - 91.420, 91.220(k) Introduction In an effort to further the city's efforts in assisting low and moderate income households,the following are additional actions in which the city provides or participates in. Actions planned to address obstacles to meeting underserved needs As described in the Public Housing section,the City of Eden Prairie does not have oversight of and is not involved in the operation of public housing units, and therefore does not have a plan to address public housing improvements and resident initiatives. The proposed actions the City of Eden Prairie will take to reduce the number of persons below the poverty line are seen in the public services programs we fund, both with our general funds and CDBG funds, which promote self-sufficiency. Funded social services programs such as the vehicle repair program,the emergency housing assistance program, Meals on Wheels, and others listed several times throughout this Action Plan have the common theme of helping people become or remain self sufficient. Helping people become or remain self-sufficient will reduce the likelihood that they will fall below the poverty line. Actions planned to foster and maintain affordable housing Eden Prairie uses many strategies to remove barriers to affordable housing. By using the land trust model, these properties remain affordable for 99 years.The City uses Tax Increment Financing(TIF) and other tools to help incent developers to build multi-family developments in Eden Prairie. City policy requires developers who receive public financing to set aside 20%of the units as affordable at the 50% Area Median Income (AMI).The City works with developers to incorporate affordable housing in all new proposed developments. The City uses CDBG funds in the single family home rehabilitation program to help homeowners keep their properties viable and structurally sound. Without the home rehabilitation program, some of our residents, particularly senior citizens, could not afford to make the repairs which are necessary to stay in their homes. The City of Eden Prairie allocates general funds for social services programs. These programs support people who are currently homeless, are facing homelessness or have other special needs. Actions planned to reduce lead-based paint hazards Annual Action Plan 26 2017 OMB Control No:2506-0117(exp.07/31/2015) Participants in the City's Housing Rehabilitation Program who reside in a house built prior to 1978 are required to have their home tested for lead-based paint prior to receiving a loan. The lead-based paint testing is completed by Hennepin County. If lead hazards are found,they must be corrected and the home must pass a clearance test before the project is considered complete. If the clearance test does not pass,the corrections and re-testing must continue until the home does pass. This process is completed following HUD regulations and guidelines. Actions planned to reduce the number of poverty-level families The following are actions the City of Eden Prairie is taking to reduce the number of poverty level families • Collaborating with and funding social service agencies in the community that assist families toward self-sufficiency. • Partnering with nonprofits to offer financial management and budgeting classes for the immigrant community, particularly who have accessed financial support in the past. • Job coaching program to assist poverty level adults in finding jobs, particularly those who have barriers with technology. • Providing assistance to help poverty level families find affordable housing. • Pursuing microenterprise pilot program to assist poverty level families in launching small businesses in the transit station areas. • Raising the visibility of support services in the community so that families in need can find the help they need to move out of poverty. • Educating the broader population about the needs of poverty level families in the community and holding collaborating events to work together to meet these needs and assist families in becoming self-sufficient Actions planned to develop institutional structure The city of Eden Prairie is already working with many of the public service agencies that serve the community. These agencies receive general fund grants from the city as well as CDBG grants. The two organizations work together as part of a larger, broad-based effort. Since these relationships are working well,there are no planned changes. Actions planned to enhance coordination between public and private housing and social service agencies The City of Eden Prairie coordinates a property managers group that meets quarterly to discuss challenges, opportunities and resources available to rental properties. Social services agencies participate in these quarterly meetings. The city's rental inspection program makes referrals as needed to city housing staff and social services agencies to provide resources to prevent displacement of Annual Action Plan 27 2017 OMB Control No:2506-0117(exp.07/31/2015) individuals and families due to deteriorating conditions. The City of Eden Prairie provides grant funding to Senior Community Services for chore services needed by elderly residents which allows the residents to remain safe in their homes. The city sponsors workshops by tenant advocacy agency HomeLine to help landlords and tenants both understand the respective responsibilities and to prevent displacement. Discussion Annual Action Plan 28 2017 OMB Control No:2506-0117(exp.07/31/2015) Program Specific Requirements AP-90 Program Specific Requirements - 91.420, 91.220(I)(1,2,4) Introduction Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(1)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table.The following identifies program income that is available for use that is included in projects to be carried out. 1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 130,000 2.The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0 3. The amount of surplus funds from urban renewal settlements 0 4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0 5. The amount of income from float-funded activities 0 Total Program Income: 130,000 Other CDBG Requirements 1. The amount of urgent need activities 0 2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income.Overall Benefit-A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 100.00% Annual Action Plan 29 2017 OMB Control No:2506-0117(exp.07/31/2015) CITY COUNCIL AGENDA DATE: SECTION: Public Hearings March 7, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.B. Community Cedarcrest Stables Development/Planning Janet Jeremiah/Beth Novak-Krebs Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for a Planned Unit Development Concept Review on 10.65 acres; and • Approve 1st reading of the Ordinance for Planned Unit Development District Review with waivers and a Zoning District Change from Rural Zoning District to R1-13.5 on 7.19 acres and from Rural to R1-9.5 on 3.46 acres; and • Adopt the Resolution for Preliminary Plat of one lot into 17 lots; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Synopsis The project involves the subdivision of a 10.65 acre property into 17 single family lots. The property is guided Low-Density Residential and is currently zoned Rural. The application also includes a request to rezone the property from Rural to R1-9.5 and R1-13.5. The lots along Stirrup Lane, which are proposed to be zoned R1-9.5 range in size from 10,178 square feet to 23,669 square feet. The lots proposed to be zoned to R1-13.5 range in size from 26,181 square feet to 36,968 square feet. There is a home and a large outbuilding on the property that will be raised and the well and septic will be properly abandoned through the land alteration and building permits. The applicant is also requesting approval of a Planned Unit District Review with waivers. The request waivers include the following: • The Valley Road cul-de-sac length from 500 feet to 570 feet • Driveway setback for shared driveways on Lots 11-13 may be closer than 3 feet from the property line. All of the lots will be served with public sanitary sewer and water. Stirrup Lane and Cedarcrest Drive will be extended so they connect. Lots 11-13 are wooded lots and will be custom graded. The plans for these lots will be designed so that the removal of trees is minimized. The 120-Day Review Period Expires on April 19, 2017. Planning Commission Recommendation The Planning Commission voted 5-0 to recommend approval of the project at the February 13, 017 meeting. Attachments 1. Ordinance 2. Resolution for PUD Concept 3. Resolution for Preliminary Plat 4. Staff Report 5. Location Map 6. Guide Plan Map 7. Zoning Map 8. Aerial photo 9. Planning Commission Minutes CEDARCREST STABLES CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2017-PUD- -2017 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural Zoning District and be placed in the R1-13.5 and R1-9.5 Zoning Districts_-2017-PUD- -2017 (hereinafter "PUD- -2017- "). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of , 2017 entered into between The Pemtom Land Company, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD- -2017- , and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD- -2017- is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD- -2017- is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD- -2017- are justified by the design of the development described therein. D. PUD- -2017- is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural Zoning District, and placed in the R1-13.5 and R1-9.5 Zoning Districts and shall be included hereafter in the Planned Unit Development PUD-_-2017- and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 7th day of March, 2017, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the day of , 2017. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2017. EXHIBIT A Rural Zoning District to R1-9.5 Legal Description Prior to Final Plat That part of the East Half of the Southwest Quarter of Section 20, Township 116, Range 22, Hennepin County Minnesota, lying southerly of the plat of ENCLAVE 2ND ADDITION and easterly of the plat of BRAXTON WOODS, both according to the recorded plat thereof, said Hennepin County and northerly of a line drawn perpendicular to the east line of said East Half of the Southwest Quarter beginning at a point 843.71 feet north from the southeast corner of said East Half of the Southwest Quarter, as measured along said east line. Legal Description After to Final Plat Lots 1-4 Block 1 and Lots 1-4 Block 2, Cedarcrest Stables Rural Zoning District to R1-13.5 Legal Description Prior to Final Plat That part of the East Half of the Southwest Quarter of Section 20, Township 116, Range 22 and that part of the Northwest Quarter of Section 29, Township 116, Range 22, all in Hennepin County, Minnesota, lying easterly of the plat of BRAXTON WOODS and its southerly extension and northerly of the plat BRAXTON WOODS 2ND ADDITION, both according to the recorded plats thereof, said Hennepin County and southerly of a line drawn perpendicular to the east line of said East Half of the Southwest Quarter, distant 843.71 feet north from the southeast corner of said East Half of the Southwest Quarter, as measured along said east line. Legal Description After to Final Plat Lots 5-13 Block 2, Cedarcrest Stables CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2017- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF CEDARCREST STABLES FOR THE PEMTOM LAND COMPANY WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development(PUD) Concept of certain areas located within the City; and WHEREAS, the Planning Commission did conduct a public hearing on February 13, 2017, on Cedarcrest Stables by The Pemtom Land Company and considered their request for approval of the PUD Concept plan and recommended approval of the request to the City Council; and WHEREAS,the City Council did consider the request on March 7, 2017. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Cedarcrest Stables being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof("Property"). 2. That the City Council does grant PUD Concept approval as outlined in the plans stamp dated February 6, 2017, 3. That the PUD Concept meets the recommendations of the Planning Commission dated February 13, 2017. ADOPTED by the City Council of the City of Eden Prairie this 7th day of March, 2017. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A PUD Concept- Cedarcrest Stables Legal Description: That part of the Southwest Quarter of Section 20, Township 116 North, Range 22 West of the Fifth Principal Meridian and that part of the Northwest Quarter of Section 29, Township 116, Range 22, lying within the following described boundaries: Beginning at the Southeast corner of said Southwest Quarter; thence Northerly along the East line of said Southwest Quarter a distance of 1406 feet; thence deflecting 102 degrees 27 minutes 54 seconds to the left and running Southwesterly a distance of 307.24 feet; thence Southerly parallel with said East line of the Southwest Quarter and its Southerly extension for a distance of 1488.19 feet, more or less, to an intersection with a line drawn parallel with and distant 15 feet Northerly of, as measured at right angles to, the following described Line A: thence Easterly along said 15 foot parallel line to its intersection with the East line of said Northwest Quarter; thence Northerly along said East line of the Northwest Quarter to the point of beginning. Line A Beginning at the point of intersection of the centerline of Cedarcrest Drive with a line drawn from the most Easterly corner of Lot 6, Block 5, CEDAR FOREST FIRST ADDITION to the most Northerly corner of Lot 1, Block 4 said CEDAR FOREST FIRST ADDITION, said line having an assumed bearing of South 14 degrees 39 minutes 15 seconds West; thence North 73 degrees 22 minutes 59 second East, a distance of 137.36 feet; thence along a tangential circular curve to the right having a radius of 460.02 feet, delta angle 31 degrees 33 minutes 37 seconds, for a distance of 253.39 feet; thence South 75 degrees 03 minutes 24 seconds East on tangent to said curve a distance of 122.35 feet; thence along a tangential circular curve to the left having a radius of 162.58 feet, delta angle 20 degrees 54 minutes 34 seconds, a distance of 59.33 feet; thence North 84 degrees 02 minutes 02 seconds East on tangent to said curve to its intersection with the East line of said Northwest Quarter and there terminating. TOGETHER with a strip of land 30 feet in width, over and across part of the North Half of Section 29, Township 116, Range 22, the centerline of said strip being described as follows: Beginning at the point of intersection of the centerline of Cedarcrest Drive with a line hereinafter referred to as Line 1, drawn from the most Easterly corner of Lot 6, Block 5, CEDAR FOREST FIRST ADDITION to the most Northerly corner of Lot 1, Block 4, said CEDAR FOREST FIRST ADDITION, said line having an assumed bearing of South 14 degrees 39 minutes 15 seconds West; thence North 73 degrees 22 minutes 59 seconds East, a distance of 137.36 feet; thence along a tangential circular curve to the right having a radius of 460.02 feet, delta angle 31 degrees 33 minutes 37 seconds, for a distance of 253.39 feet; thence South 75 degrees 03 minutes 24 seconds East on tangent to said curve a distance of 122.35 feet; thence along a along a tangential circular curve concave to the left having a radius of 162.58 feet, delta angle 20 degrees 54 minutes 34 seconds, a distance of 59.33 feet; thence North 84 degrees 02 minutes 02 seconds East on tangent to said curve to its intersection with the East line of said Northwest Quarter and there terminating. The Northerly and Southerly lines of said easement are lengthened or shortened to their respective intersections with said Line 1, according to the United States Government Survey thereof and situate in Hennepin County, Minnesota. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2017- RESOLUTION APPROVING THE PRELIMINARY PLAT OF CEDARCREST STABLES FOR THE PEMTOM LAND COMPANY BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Cedarcrest Stables for The Pemtom Land Company stamp dated February 6, 2017, and consisting of 10.65 acres into 17 lots, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 7th day of March, 2017. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk STAFF REPORT TO: Planning Commission FROM: Beth Novak-Krebs,Senior Planner DATE: February 8,2016 SUBJECT: Cedarcrest Stables LOCATION: 16870 Cedarcrest Drive REQUEST: 1. Planned Unit Development Concept Review on 10.65 acres 2. Planned Unit Development District Review with waivers on 10.65 acres 3. Zoning District Change from Rural to R1-13.5 on 7.19 acres and Rural to R1-9.5 on 3.46 acres 4. Preliminary Plat of seventeen single-family lots on 10.65 acres 120 DAY REVIEW: April 19,2017 BACKGROUND The applicant is requesting approval to develop 10.65 acres of unplatted property into 17 single- family lots. The property is ; located south of Pioneer Trail just " west of Shetland Road and east of Braxton Drive. The property is surrounded by single-family development.Currently there is a 1=1=__` home and a large outbuilding on the property,which are proposed .� to be removed. The applicant is requesting approval of a PUD, rezoning, and plat to develop the - r property. tJ . � . • Braxton Woods 2nd Addiion Staff Report—Cedarcrest Stables February 8,2017 COMPREHENSIVE PLAN AND ZONING The property is guided Low-Density Residential _ and zoned Rural. The applicant is requesting to • Proposed Zoning _ rezone the north end of the property (Lots 1-4, - ,�OM Block 1 and Lots 1-4 Block 2)from Rural to R1-9.5 m ��1 and the remainder of the property(7.19 acres)from ME . . Rural to R1-13.5. Due to the location of Stirrup y��Pr a. .; RI-9.5 r d.„r,up,�ne L Lane,the applicant designed smaller lots north of 1 B,a,,o d_ , the street for continuity and incorporated similar �'•- lots on the south side of Stirrup Lane. The R1-9.5 Waal R1-13 zoning allows for narrower and smaller lots similar .5 �- to those to the north and east. / ■ . Valley Road ■ . Shetland Road PRELIMINARY PLAT )1• '� SITE The lots in this plat exceed the minimum lot sizes 0111 Cedarcre.Dnve required by ordinance.The lots along Stirrup Lane ` range in size from 10,178 square feet to 23,669 square feet.The remainder of the lots range in size ` from 26,181 square feet to 36,968 square feet.The • -- stormwater management area will be located between Lots 1-4, Block 2 and Lots 5-7, Block 2. Stirrup Lane and Cedarcrest Drive will be extended through the plat.Valley Road will extend into the property and terminate with a cul-de-sac.There is a steep slope area in the northeast corner of the plat.The southern part of the plat is wooded.There will be some trees removed due to construction, but the applicant has provided a tree replacement plan that exceeds the City's requirements. 1 \ \ . • ,' / ;li , ' c —1� 11 �/ \'/ r\, \ V '/., h' e�ky1 h' I�'"G ' i!�' 1 I �, �1,, 1 /• /%;R i�- c ' ` {!ice -/\C ���.—�—�] e I N• ,._._-[.[. -- e,_S i'�i'rr_ _—W �115�I P 5 _Apia. ')7 '-1IL ,le, as, r —mil \��.�.� :�._ i , 111 1) �`;'�_._a_ i+%!ee�!lI Y�. ,-y a -, ' .1J, 1 — ? '11 1 I I 2 Staff Report—Cedarcrest Stables February 8,2017 PLANNED UNIT DEVELOPMENT WAIVERS The Subdivision Ordinance includes a standard that the maximum length of a cul-de-sac street cannot exceed 500 feet as measured along the centerline from the intersection of origin to the end of the right-of-way.The Valley Road cul-de-sac in this project measures 570 feet.The applicant is requesting a waiver to exceed the maximum cul-de-sac length.The request for a waiver in this situation is reasonable.Given the location of the existing street and the layout of the plat on the east side of the subject property,a cul-de-sac is the only option.Any attempt to shorten the cul- de-sac would possibly trigger the need for a number of other waivers for the proposed lots. Lots 11-13 along Cedarcrest Drive are substantially wooded.These lots will be custom graded and developed.In order to minimize the loss of trees,the applicant would like the option of utilizing shared driveways.The applicant is requesting a waiver from the required 3 foot setback from the driveway to the property line to allow the driveway locations as preliminarily shown on the proposed on the plat. Since these lots will be custom graded,the exact locations of the driveways will be determined at the time the homes are built so that tree loss can be minimized. TREE LOSS AND TREE REPLACEMENT There are 3,718 diameter inches of significant trees on property.The majority of the significant trees are located on the southern half of the property.Tree loss is 1,227 diameter inches,or 33%. There are several heritage trees on the property that will be saved and measure a total of 109 caliper inches.The required tree replacement is 93.5 caliper inches.The tree replacement plan includes 95 caliper inches.The tree replacement plan exceeds the code requirements. GRADING AND RETAINING WALLS There is a steep slope area in the northeast corner of the plat.The applicant is proposing to install a retaining wall in order to create a building pad area for proposed Lot 4,Block 1. The applicant is proposing a two tiered retaining wall to keep the wall from getting too tall. The plans show some grading on adjacent properties,which is intended to improve the transition between properties. The applicant must work with the affected property owners to get written permission to allow this grading to occur on adjacent property.If the applicant is unable to secure permission from any of the property owners to grade on their property,the applicant shall provide an alternative plan that does not extend beyond the project boundaries. SPECIAL ASSESSMENTS A special assessment agreement is required for the trunk assessments. Deferred lassessments Comment[BN1]:I took out the details. Julie thought it might raise questions. we can just deal must be paid prior to release of the final plat. with it in the Development Agreement. STREETS AND TRAIL At the present time, there is an unimproved access that connects the existing ends of Cedarcrest Drive within an Outlot that is owned by the City. There is an access easement over the Outlot that is 3 Staff Report—Cedarcrest Stables February 8,2017 in favor of Lots 4 and 5 of Braxton Woods 2nd Addition. With this project,additional right of way will be dedicated and a public road connection will be constructed. The Developer is responsible for the construction of the full width of Cedarcrest Drive in lieu connection fees for Lots 11-13,Block 2. The applicant is proposing an 8'trail on the north side of the new street section to connect with the existing 8'trail at the existing ends of Cedarcrest. UTILITIES There are sewer and water lines in each of the existing streets abutting this property.These lines will be extended through the new road connections for Stirrup Lane,Valley Road and Cedarcrest Drive and will serve the proposed lots.A gas line runs across the property in the lower portion.The plat will provide a 50 foot wide easement similar to the adjacent gas line easements.The plat includes standard drainage and utility easements. WATER QUALITY The proposed plan provides the required storm water treatment.A wetland study was conducted on the property and there is a determination of no wetlands on the property. This was confirmed by the City. AIRPORT The property is located approximately one mile off the end of the primary runway for the Flying Cloud Airport. The property is not located within safety zones A or B,but it is located within the Airspace Zoning Limits in which there are airspace height limitations.The property is not within the area requiring noise mitigation. The City sent plans to MAC for review and comments were provided on December 28,2016.The letter from MAC has been provided to the applicant. The comments from MAC will be addressed by the applicant and/or in the Development Agreement. NEIGHBORHOOD MEETING The applicant held a neighborhood meeting on Wednesday, January 11, 2017. According to the applicant, 108 invitations were mailed out and 20-30 people attended the meeting. STAFF RECOMMENDATION Recommend approval of the following requests: • Planned Unit Development Concept Review on 10.65 acres • Planned Unit Development District Review with waivers on 10.65 acres • Zoning District Change from Rural to R1-13.5 on 7.19 acres and Rural to R1-9.5 on 3.46 acres • Preliminary Plat of seventeen single-family lots on 10.65 acres f Comment[BN2]:I am still waiting for his This is based on plans stamp dated February 6,2017 Ithel Staff Report dated February 8,2017 and Ill revisions. As soon as we get those I will fill in the date. 4 Staff Report—Cedarcrest Stables February 8,2017 the following conditions: 1. Prior to release of the final plat,the proponent shall: A. Sign special assessment agreement for City trunk sewer and water assessment fees. B. Pay deferred assessments. C. Provide copies of legal documents,either in Homeowners Association format or private covenant and agreement format to be approved by the City that shall address the following: • Describe the long term private maintenance or replacement agreement for the retaining walls. • Insertion of Language in the documents that relinquishes the City of Eden Prairie from maintenance or replacement of the retaining walls. 2. Prior to land alteration permit issuance,the proponent shall: A. Secure written permission from affected property owners for off-site grading. If written permission is not secured,the applicant shall provide an alternative plan that does not extend beyond the project boundaries. B. Submit detailed storm water runoff,wetland,utility,street and erosion control plans for review and approval by the City Engineer. C. Submit a tree replacement bond,letter of credit,or escrow surety equivalent to 150% of the cost of the landscaping. D. Obtain and provide documentation of Watershed District approval. E. Notify the City and Watershed District 48 hours in advance of grading. F. Install erosion control at the grading limits of the property for review and approval by the City. G. The applicant must file an aeronautical study with the FAA for the proposed development including all construction equipment. 3. Prior to building permit issuance for the property,the proponent shall: A. Pay the appropriate cash park fees. B. Provide recorded copies of any Home Owner Association documents or private covenants and agreements to the City following recording of the final plat. 4. The following waivers are granted through the PUD for the project as indicated in the plans stamp dated February 6,2017. A.Cul-de-sac. City Code requires maximum length of 500 feet a. Valley Road; 570 feet 5 Staff Report—Cedarcrest Stables February 8,2017 B.Driveway Setback. City Code requires 3 feet a. Lots 11, 12, 13,Block 2, 0 feet 5. A Steep Slope Permit is authorized through the approval of this project and plans stamp 'dated February 6,2017. Comment[BN3]:Julie thought this was the most appropriate place for this because the Planning Commission approves it subject to these conditions then Council approves it,which are the same steps outlines in the ordinance.Rather than being separate it's part of approval of this project. 6 Area Location Map - Cedracrest Stables Site Address: 16870 Cedarcrest Drive, Eden Prairie, MN 0%OA LO ppr Niwi NI.-- .41wmplmo• /( — Stirrup Lane 7f 4 #4Stirrup Lane /) *W Braxton Drive - 0 *mil* S4 Valley Road) AL pir SITE 1111141 haat _ .11 i bas% MIN ft ___, VI Ilti ft ____F Shetland Road IIII Cedarcrest Drive 4• %--_ - p L 4 - c: ,1 7 165 1 7 1 i I 660 Feet Guide Plan Map: Cedarcrest Stables Address: 16870 Cedarcrest Drive Eden Prairie, MN 55347 Stirrup Lane W (/ Oil ( f\ 1 Stirrup Lane \� \IPAO I \\� Braxton Drive _ ilk 1p\\ ft/ SITE iii .4101 j__ -A11"1 -i ft ii !,/1 11 ftil Shetland Road Valley Road fill 1til Cedarcrest DriveI \ Cit • d ' P ai - , -Ad-Use G ide Ma . 100- 0 MIE Rural Residential 0.10 Units/Acre Neighborhood Commercial N Low Density Residential 0-2.5 Units/Acre nip Community Commercial Streams 17.7 Low Density/Public/Open Space - Regional Commercial -Principal Arterial —A Minor Arterial - Medium Density residential 2.5-10 Units/Acre ®Town Center '•i . $ +;. ,i —B Minor Arterial DATE Approved 03-19-03 DATE Revised 12-06-06 nMedium Density Residential/Office - Park/Open Space —Major Collector DATE Revised 01-07-05 DATE Revised 03-01-07 DATE Revised 11-07-05 DATE Revised 06-01-07 EDEN I High Density Residential 10-40 Units/Acre Public/Quasi-Public DATE Revised 02-23-06 DATE Revised 10-01-07 Minor Collect Collector DATE Revised 03-23-06 DATE Revised 03-01-08 nAirport Golf Course DATE Revised 06-23-06 DATE Revised 03-01-09 Office - Church/Cemetary PRAIRIE Y// Office/Industrial Open Water EIVE•wORK•QAEAM 2 Office/Public/Open Space Right-Of-Way 360 180 M O ogamm�Me mo1.m_o.„®o�..o.a, o MBo 360 Feet - Industrial Q CityLimits Zoning Map - Cedarcrest Stables 16870 Cedarcrest Drive Eden Prairie, MN 55347 1111111111. _ ______-_____-----------111110 kip- 4 40 I-1 i I Illp r IIWW7-- -- --s ---- , , _ .. IF ft —________, ing PE1 , 1144111Stirrup Lane Stirrup Lane 411, _ \,,. • lill Braxton Drive I+. ilk , IPI Nrii,___ \ ,///im. SITE L k i ---- igay k I Valley Road All . 0 Shetland Road VI III i Elf/ liIl 7 Cedarcrest Drive I— ii _ ,.— 11111, \..,,,.................., 1_ City of Eden Prairie Zoning Map =Rural -Regional Commercial Shoreland Management Classifications N R1-44 One Family-44,000 sf.min. -TC-C I NE I Natural Environment Waters R1-22 One Family-22,000 sf min. -TC-R I RD I Recreational Development Waters R1-13.5 One Family-13,500 sf min. -TC-MU I GD I General Development Waters(Creeks Only) . 1 1 ,f. t R1-9.5 One Family-9,500 sf min. -Industrial Park-2Acre Min, ® 100- Year Floodplain RM-6.5 Multi-Family-6.7 U.P.A.max. ^Industrial Park-5Acre Min. -RM-2.5 Multi-Family-17.4 U.P.A.max.-General Industrial-5 Acre Min. Up dated through approved Ordinances#26-2008 EDEN Office Public Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE Neighborhood Commercial 1-1 GolfCourse Date:March 1,2009 Community Commercial l I Water In case of discrepancy related to a toning classitmaaon on this zoning map,the Ordinance tIVE•W0BIC•tlfi EI1M and attached legal description on file at Eden Paine Ciry Center will prevail. -Highway Commercial I Right of Way -Regional Service Commercial QCityLimits 0 0.075 0.15 Milesm°au_...m..,�mo..m._..®..�..o.a.,a ..o...,s.�..m ,..,,mo, Aerial Map: Cedarcrest Stables Preliminary Plat Address: 16870 Cedarcrest Drive Eden Prairie, Minnesota 55347 �� 1 yy �1 ■ ` 11lik 7 p\DNEER 11 Enclave 2nd Addition ;� i i I irai , 4, e ....,.._ -Om id v ' 1014 1111 filial 1 LI 116...... I (i ( 414 -' , ,, s I. l'k.4'''.1'*-..- \iP-- 4 _,' . ® 1. r 4 4*iii rlit. r ,- , '3•+., • I H , ..%//. .4,4 Braxton Woods r ,.;- +. iii ...4‘ ° Y • ` Riley Creek Ridge 161 st A _ .,' lk Ail Ara 1 , L ,, 7 why k) 49 , /, p Y x 5 1 ± T■ y, s ol *+-P 5. VGH r I i•i ' . '_,. lif? Itt r • , i. 11010.1:. GEDPRDRSj DRJ - x:4�0. 1AM ili ..pt sT Po 41 " ' : � .,._ Braxton Woods 2nd Addition 0 155 310 620 Feet APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, FEBRUARY 13, 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 Julie Krull, Recording Secretary I. CALL THE MEETING TO ORDER Acting Chair Farr called the meeting to order at 7:35 p.m. II. PLEDGE OF ALLEGIANCE—ROLL CALL Kirk, Stoltz, Weber and Wuttke were absent. IIII. APPROVAL OF AGENDA Acting Chair Farr stated the Planners' Report was already discussed prior to officially calling the meeting to order. MOTION: Poul moved, seconded by Higgins, to approve the amended agenda. Motion carried 5-0. IV. MINUTES A. PLANNING COMMISSION MEETING HELD ON JANUARY 23, 2017 MOTION: Higgins moved, seconded by Pieper, to approve the Planning Commission Minutes. Motion carried 5-0. V. INFORMATIONAL MEETINGS VI. PUBLIC MEETINGS PLANNING COMMISSION MINUTES February 13, 2017 Page 2 VII. PUBLIC HEARINGS A. CEDARCREST STABLES Location: 16870 Cedarcrest Drive Request for: • Planned Unit Development Concept Review with waivers on 10.65 acres • Planned Unit Development District Review with waivers on 10.65 acres • Zoning District Change from Rural to R1-13.5 and R1-9.5 on 10.65 acres • Preliminary Plat of one lot into 17 lots on 10.65 acres Klima said this property is requested to be rezoned from Rural to R1-9.5 and R1- 13.5 and to divide the 10.65 acre lot into 17 single-family lots. The applicant is also requesting two PUD waivers. The first is a waiver for a cul-de-sac that exceeds the 500 foot maximum length and the second waiver is to allow the driveways on proposed Lots 11-13 to be closer than 3 feet to the property line to allow for the opportunity for shared driveways to minimize tree impacts. Staff recommendation is for approval. Dan Blake, representing Pemtom Land Company, presented the proposal. He stated this property is 10.5 acres and the homeowner's had put up a large stable that had been on site for the past 20 years. They have since moved on and the stable is vacant. The structure is slated to be removed. The southern third portion of the property is heavily wooded. In order to minimize the loss of trees, they would like the option of utilizing shared driveways. Mr. Blake pointed out the northern Blots would be zoned R1-9.5 and the southern portion would be zoned R1-13.5. He stated this project would take approximately 2-3 years to build out. They did have a neighborhood meeting and there were 25-30 people in attendance. Mr. Blake said he did ask the neighbors that had adjoining property if there were any issues and there did not seem to be any issues. He said a waiver is needed to connect to the stub streets and the other waiver is for the private driveways. Acting Chair Farr asked if the retaining walls were going to consist of boulders. Mr. Blake said in the northwest corner they are trying to keep the retaining wall to 4 feet and the boulders would be more attractive for the end user. Freiberg commented there are heritage trees on the property and asked the project proponent what would become of the trees. Mr. Blake said they would be saved. Pieper asked if the project proponent could talk about the lots sharing the same driveway. Mr. Blake showed where there would be one or two shared driveways but stated he is leaving it up to the builder as to where they will be located. The use of shared driveways would allow more trees to be saved. PLANNING COMMISSION MINUTES February 13, 2017 Page 3 Acting Chair Farr asked how these lots would be sold. Mr. Blake said they would all be sold to one builder. Klima said if the waiver for a shared driveway is approved the development agreement will include language to address the shared driveway. Poul asked Mr. Blake if there was opposition from anyone and if so, what the issues were. Mr. Blake said some people did not think the road should go thru and another resident was concerned the project would be turned into affordable housing. Poul asked what the value of the properties would be. Mr. Blake said they would sell for approximately$600,000 to $850,000. Acting Chair Farr commented he is in favor of this project. Acting Chair Fan opened the meeting up for public opinion. Mike CeCe, of 16841 Enclave Road, said his property is north of Lot 4. In regards to the property line, there is a concrete pad that he uses frequently for bonfires and wanted to know if this would be taken away when they start building. Acting Chair Fan pointed out the concrete pad is located on the proponent's site and he would be trespassing if he continues to use it. Mr. Blake said they will be defining the property lines. Pieper asked if the waivers for the cul-de-sac length come up a lot and something that would need to be addressed in the future. Klima said it is not uncommon for the City to approve a waiver for cul-de-sac length. Pieper asked if the City was comfortable with the tree replacement. Bourne said they are comfortable with the plan. MOTION: Pieper moved, seconded by Higgins, to close the public hearing. Motion carried 5-0. MOTION: Pieper moved, seconded by Frieberg, to recommend approval for Planned Unit Development Concept Review with waivers on 10.65 acres; Planned Unit Development District Review with waivers on 10.65 acres; Zoning District Change from Rural to R1-13.5 and R1-9.5 on 10.65 acres and Preliminary Plat of one lot into 17 lots on 10.65 acres based on plans stamp dated February 6, 2017 and the information included in the staff report dated February 8, 2017. Motion carried 5-0. VIII. PLANNERS' REPORT IX. MEMBERS' REPORT PLANNING COMMISSION MINUTES February 13, 2017 Page 4 X. CONTINUING BUSINESS XI. NEW BUSINESS XII. ADJOURNMENT MOTION: Pieper moved, seconded by Higgins, to adjourn the Planning Commission meeting. Motion carried 5-0. Acting Chair Farr adjourned the meeting at 8:02 p.m. CITY COUNCIL AGENDA DATE: SECTION: Public Hearings March 7, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/Planning Code Amendment—Building VIILC. Janet Jeremiah/Julie Klima Height Requested Action Move to: • Close the Public Hearing; and • Approve the First Reading of an Ordinance to amend City Code Section 11.02 to revise the definition of building height and add the definition of grade plane. Synopsis While working with development teams and individual residents, inconsistencies between the building code and zoning code definition of building height have come to staff's attention. In order to reduce the inconsistencies and provide for a building height definition that is more user friendly, staff is proposing that the Zoning Ordinance definition of building height be revised. The proposed ordinance language incorporates language from the zoning ordinance and the building code definition of height to provide for consistency between the two definitions. The revision to the definition allows for a singular building height calculation to address both zoning and building code requirements, reducing conflicting height measurements. The amendment also proposes to add the definition of grade plane. Grade plane is the reference datum from which building height is proposed to be measured in the revised building height definition. Planning Commission Review and Recommendation At its January 23, 2017 meeting, the Commission voted 8-0 to recommend approval of the text amendment to Section 11.02 subject to the information in the staff report dated January 19, 2017. Attachments 1. Ordinance 2. Staff Report dated January 19, 2017 3. Planning Commission Minutes January 23, 2016 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 11.02 RELATING TO BUILDING HEIGHT; 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 11.02 is hereby amended by deleting the definition of building height and inserting a new definition for building height as follows: "Building height- the vertical distance from the grade plane to the highest point of the coping of the highest flat roof or to the deck line of the highest mansard roof or to the average height of the highest gable of a pitched or hipped roof." Section 2. City Code Chapter 11, Section 11.02, is hereby amended by a new definition as follows: (items to be renumbered) "Grade Plane: A reference plane representing the average finished ground level adjoining the building at the exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the closest adjacent lot line or, where the closest adjacent lot line is more than 6 feet from the building, between the building and a point 6 feet from the building." Section 3. 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 4. 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 7TH day of March, 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: Julie Klima, City Planner DATE: January 19, 2017 SUBJECT: Code Change—Building Height Definition BACKGROUND While working with development teams and individual residents, inconsistencies between the building code and zoning code definition of building height have come to staff's attention. In order to reduce the inconsistencies and provide for a building height definition that is more user friendly, staff is proposing that the Zoning Ordinance definition of building height be revised. EXISTING LANGUAGE The existing building height definition in the Zoning Ordinance reads as follows: Building height—is the vertical distance above a reference datum measured to the highest point of the coping of the highest flat roof or to the deck line of the highest mansard roof or to the average height of the highest gable of a pitched or hipped roof The reference datum shall be selected by either of the following whichever yields the greater height of the building: a) The elevation of the highest adjoining ground surface within a 5 foot horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more than 10 feet above the lowest grade. b) An elevation 10 feet higher than the lowest grade when the ground surface described in "a"above is more than 10 feet above the lowest grade. The height of a stepped or terraced building is the maximum height of any segment of the building The existing building height definition in the Building Code is as follows: Height, building: The vertical distance from grade plane to the average height of the highest roof surface. Grade Plane: A reference plane representing the average of finished ground level adjoining the building at exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or, where the lot line is more than 6 feet from the building, between the building and a point 6 feet from the building. PROPOSED LANGUAGE Staff is proposing the following language. Text rtruckthrough is proposed for deletion and text underlined is proposed for addition. Building height— is the vertical distance above a reference datum measured from the grade plane to the highest point of the coping of the highest flat roof or to the deck line of the highest mansard roof or to the average height of the highest gable of a pitched or hipped roof. The of the building: a} The elevation of the highest adjoining ground surfacc within a 5 foot horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more than 10 feet above the lowest grade. b An elevation 10 feet higher than the lowest grade when the ground surface described in "a" above is more than 10 feet above the lowest grade. The height of a stepped or terraced building is the maximum height of any segment of the building Grade Plane: A reference plane representing the average finished ground level adjoining the building at the exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the closest adjacent lot line or, where the closest adjacent lot line is more than 6 feet from the building, between the building and a point 6 feet from the building. STAFF RECOMMENDATION Staff recommends approval of the code amendment to address building height as represented in the January 19, 2017 staff report and draft language. APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,JANUARY 23, 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 Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE — ROLL CALL Chair Stoltz called the meeting to order at 7:00 p.m. Poul was absent. II. APPROVAL OF AGENDA MOTION: Higgins moved, seconded by Weber, to approve the agenda. Motion carried 8-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON JANUARY 9, 2017 MOTION: Pieper moved, seconded by Kirk, to approve the Planning Commission Minutes. Motion carried 8-0. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS A. CODE AMENDMENT-BUILDING HEIGHT DEFINITION Request to: • Amend the City Code Chapter 11 relating to the building height definition. PLANNING COMMISSION MINUTES January 23, 2017 Page 2 Klima said that Staff is proposing the definition for building height be modified. She stated while working with development teams and individual residents, there were inconsistencies between the building code and zoning code definition of building height. Staff spent time with the building official and city attorney to come up with an easier definition that is more user-friendly. The changes are listed on page two of the staff report. The change states that building height will be the vertical distance from the grade plane to the highest point of the coping of the highest flat roof or to the deck line of the highest mansard roof or to the average height of the highest gable of a pitched or hipped roof Staff recommends approval of the code amendment to address building height. Wuttke asked which definition is more restrictive. Klima stated the current zoning ordinance language yields a higher building height than the building code language building height. Wuttke asked if people that are under the current plan review will have to amend their plans. Klima said the new language would not apply until it is effective following council adoption. Klima also added the change in language would allow more buildings to be conforming. Wuttke asked if this amendment targets a geographical location. Klima stated the amendment is not based on geographical locations. MOTION: Kirk moved, seconded by Weber, to close the public hearing. Motion carried 8-0. MOTION: Kirk moved, seconded by Freiberg, to recommend approval to amend City Code Chapter 11 related to the building height definition based on the information included in the staff report dated January 19, 2017. Motion carried 8-0. VII. PLANNERS' REPORT VIII. MEMBERS' REPORT IX. CONTINUING BUSINESS X. NEW BUSINESS Wuttke asked if the public could watch the State of the City address. Klima said she would follow up with the City Communication Staff on the status of that. XI. ADJOURNMENT PLANNING COMMISSION MINUTES January 23, 2017 Page 3 MOTION: Weber moved, seconded by Higgins, to adjourn the Planning Commission meeting. Motion carried 8-0. Chair Stoltz adjourned the meeting at 7:08 p.m. CITY COUNCIL AGENDA DATE: SECTION: Public Hearings March 7, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/Planning Code Amendment—Tree Replacement IX.D. Janet Jeremiah Julie Klima Requirements Parks &Recreation Jay Lotthammer Matt Bourne Requested Action Move to: • Close the Public Hearing; and • Approve the First Reading of an Ordinance to amend City Code Section 11.55 to revise the credit for Heritage Trees in Tree Replacement Requirements Synopsis The City recently adopted amendments to the City Code relating to tree replacement requirements. As a part of that process, there were multiple changes to the tree replacement requirements including the definition and regulation of heritage trees. Through the discussions with the Planning Commission and City Council leading up to the code amendment, there was discussion related allowing saved heritage trees to be counted toward the tree replacement requirement including a not to exceed threshold. Staff is proposing a housekeeping change to Section 11.55 of the City Code to reflect the discussion and direction provided to City staff during the review process. Planning Commission Review and Recommendation At its February 27, 2017 meeting, the Commission voted 7-0 to recommend approval of the text amendment to Section 11.55 as represented in the staff report dated February 22, 2017. The language reviewed by the Planning Commission has been slightly modified to provide additional clarity of the calculation to be applied. Attachments 1. Ordinance 2. Staff Report dated February 22, 2017 3. Unapproved Planning Commission Minutes February 27, 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 11.55 RELATING TO TREE REPLACEMENT; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND 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 11.55, Subd. 4.C.1 is hereby amended by deleting the last sentence in its entirety and replacing it with the following: "In the case one or more Heritage trees are saved, the amount of Diameter-inches of said saved Heritage tree(s) may be subtracted from the replacement required by Subd. C. 1 of this Subdivision, provided however in no event shall the amount subtracted exceed 50% of the Replacement Trees (Number of Caliper Inches) as determined by the formula in Subd. C. 1. Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 5.99 and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. 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 7th day of March, 2017 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 7th day of March, 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: Julie Klima, City Planner Matt Bourne, Parks and Natural Resources Manager DATE: February 22, 2017 SUBJECT: Code Change—Tree Replacement BACKGROUND The City recently adopted amendments to the City Code relating to tree replacement requirements. As a part of that process, there were multiple changes to the tree replacement requirements including the definition and regulation of heritage trees. Through the discussions with the Planning Commission and City Council leading up to the code amendment, there was discussion related allowing saved heritage trees to be counted toward the tree replacement requirement including a not to exceed threshold. Staff is proposing a housekeeping change to Section 11.55 of the City Code to reflect the discussion and direction provided to City staff during the review process. Specifically staff is recommending the revisions noted below. Language underlined is proposed for addition. CODE CHANGE C. Tree Replacement Requirements. The Permittee shall replace Heritage Trees and Significant Trees lost or reasonably anticipated to be lost as a result of Construction Activity or Land Alteration immediately upon the occurrence of a loss, whether the loss occurs during Construction Activity, Land Alteration or thereafter, by the Permittee, his agent, or successor in interest by planting that number of trees (Replacement Trees)determined in accordance with the following criteria: Ordinance No.28-2016 Effective Date: 11-24-2016 1. Replacement. Significant Tree replacement formula: A= Total Diameter Inches of Significant Trees Lost as a Result of the Land Alteration B= Total Diameter Inches of Significant Trees Situated on the Land C= Tree Replacement Constant(0.5) D= Replacement Trees(Number of Caliper Inches) [(A/B)x C]x A=D EXAMPLE A=337 B=943 C=0.5 D=60 [(337/943)x 0.5]x 337=60 Heritage trees that are lost or damaged are to be replaced at a ratio of 2:1,replaced caliper inches to lost or damaged Diameter-inch. Heritage Tree replacement must include a minimum of 20% replacement trees equal to or greater than 4 caliper inches. In the case that a Heritage tree is saved, the total amount of Diameter-inches may be subtracted from the replacement requirement up to 50%of the total requirement. STAFF RECOMMENDATION Staff recommends approval of the amendments to Section 11.55 as represented in the February 22, 2017 staff report and the draft language. UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, FEBRUARY 27, 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 Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE — ROLL CALL Chair Stoltz called the meeting to order at 7:00 p.m. Kirk and Wuttke were absent. II. APPROVAL OF AGENDA MOTION: Higgins moved, seconded by Farr, to approve the agenda. Motion carried 7- 0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON FEBRUARY 13, 2017 MOTION: Weber moved, seconded by Pieper, to approve the Planning Commission Minutes. Motion carried 7-0. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS A. CODE AMENDMENT RELATED TO TREE REPLACEMENT Request to: • Amend City Code Chapter 11 relating to Tree Replacement Klima said the City recently adopted amendments to the City Code relating to tree replacement requirements. As part of the process, there were multiple changes to PLANNING COMMISSION MINUTES February 27, 2017 Page 2 the tree replacement requirements, including the definition and regulation of heritage trees. Through discussions between the Planning Commission and the City Council leading up to the code amendment, there was discussion related to allowing saved heritage trees to be counted toward the tree replacement requirement including a not to exceed threshold. Tonight is a housekeeping change to 11.55 of the City Code to reflect the discussion and direction provided to City staff during the review process. The code amendment would allow saved heritage trees to count toward tree replacement requirements up to 50% of the tree replacement requirements. Staff recommendation is for approval. Klima also commented Staff has received development applications in the interim period and will be working with applicants through the process. Pieper asked if these changes have all passed. Klima said this amendment is a follow up to the broader amendments which were approved in 2016. MOTION: Higgins moved, seconded by Poul, to close the public hearing. Motion carried 7-0. MOTION: Higgins moved, seconded by Poul, to amend City Code Chapter 11 relating to Tree Replacement based on the information included in the staff report dated February 22, 2017. Motion carried 7-0. VII. PLANNERS' REPORT A. MARCH 7 COUNCIL WORKSHOP Klima said the Commissioners are invited to attend the City Council work session on March 7 in the Heritage Rooms. The topic of discussion will be the Aspire Eden Prairie 2040 Comprehensive Plan update. Dinner will be at 5:00 pm with the work session starting at 5:30. Please RSVP to Lori Creamer by February 28 if you plan on attending. VIII. MEMBERS' REPORT IX. CONTINUING BUSINESS X. NEW BUSINESS XI. ADJOURNMENT MOTION: Weber moved, seconded by Higgins, to adjourn the Planning Commission meeting. Motion carried 7-0. Chair Stoltz adjourned the meeting at 7:12 p.m. I CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims March 7, 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 251703 - 252091 Wire Transfers 1016241 - 1016408 Wire Transfers 6019 - 6047 Purchasing Card City of Eden Prairie Council Check Summary 3/7/2017 Division Amount Division Amount 64,249 304 Senior Board 2 101 Legislative 42,032 308 E-911 3,104 102 Legal Counsel 50,754 309 DWI Forfeiture 14,703 110 City Clerk 36 315 Economic Development 251,638 111 Customer Service 4,835 445 Cable PEG 1,079 112 Human Resources 148 509 CIP Fund 15,845 113 Communications 15,660 522 Improvement Projects 2006 7,113 114 Benefits&Training 2,205 526 Transportation Fund 42,818 130 Assessing 741 529 Shady Oak Rd-CR 61 South 27,022 131 Finance 196 530 Pool Upgrade/Expansion 9,912 132 Housing and Community Services 85 531 Eden Prairie Road 255 133 Planning 251 536 General LRT 40,005 136 Public Safety Communications 13,645 802 494 Commuter Services 32,345 137 Economic Development 355 804 100 Year History 31 138 Community Development Admin. 818 Total Capital Projects Fund 445,873 151 Park Maintenance 19,942 153 Organized Athletics 570 601 Prairie Village Liquor 113,495 154 Community Center 31,518 602 Den Road Liquor 215,870 156 Youth Programs 6,466 603 Prairie View Liquor 140,272 157 Special Events 575 605 Den Road Building 6,939 158 Senior Center 6,845 701 Water Enterprise Fund 193,128 159 Recreation Administration 60 702 Wastewater Enterprise Fund 340,132 162 Arts 2,864 703 Stormwater Enterprise Fund 202,997 163 Outdoor Center 1,308 Total Enterprise Fund 1,212,833 168 Arts Center 3,523 180 Police 53,900 184 Fire 14,995 316 WAFTA 859 186 Inspections 1,296 803 Escrow Fund 1,489 200 Engineering 474 806 SAC Agency Fund 4,970 201 Street Maintenance 10,482 807 Benefits Fund 942,421 202 Street Lighting 73,327 809 Investment Fund 1,350 Total General Fund 424,155 810 Workers Comp Insurance 155,014 811 Property Insurance 117,355 301 CDBG 467 812 Fleet Internal Service 108,041 303 Cemetary Operation 17 813 IT Internal Service 179,397 Total Special Revenue Fund 483 815 Facilites Operating ISF 55,508 816 Facilites City Center ISF 118,846 443 2012C GO Perm Impr Ref Bonds 750 817 Facilites Comm.Center ISF 115,543 448 2016A GO BONDS-WEST 70TH ST. 1,000 Total Internal Svc/Agency Fund 1,800,793 Total Debt Service Fund 1,750 Report Total 3,885,887 City of Eden Prairie Council Check Register by GL 3/7/2017 Check# Amount Supplier/Explanation Account Description Business Unit Comments 252027 333,073 METROPOLITAN COUNCIL ENVIRONMENTAL SERVI MCES User Fee Wasterwater Collection Wastewater Fee March2017 6044 249,002 ULTIMATE SOFTWARE GROUP,THE Federal Taxes Withheld Health and Benefits Payroll Taxes 6025 248,605 ULTIMATE SOFTWARE GROUP,THE Federal Taxes Withheld Health and Benefits Payroll Taxes 251855 236,127 CLIMATECH Other Contracted Services Economic Development Fund DEED Grant 252020 196,150 MACQUEEN EQUIPMENT INC Autos Stormwater Capital Sweeper 6023 166,053 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA 6042 162,581 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA 252075 155,659 TYLER TECHNOLOGIES INC Software Maintenance IT Operating New World Annual Maint. 252016 155,014 LEAGUE MN CITIES INS TRUST Workers Comp Insurance Workers Comp Insurance Workers Comp 4th installment 252017 111,997 LEAGUE MN CITIES INS TRUST Insurance Property Insurance Property coverage 4th installment 1016351 98,528 XCEL ENERGY Electric Outdoor Center 6036 92,658 MINNESOTA DEPT OF REVENUE Sales Tax Payable Historical Culture 1016408 85,878 XCEL ENERGY Electric General Community Center 1016386 52,508 GREGERSON ROSOW JOHNSON&NILAN LTD Legal Legal Criminal Prosecution 252011 44,439 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 251825 43,098 THREE RIVERS PARK DISTRICT Other Contracted Services Transportation Fund 251881 39,171 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 251838 38,814 MN DNR ECOLOGICAL AND WATER RESOURCES Licenses&Taxes Water Treatment 251967 35,000 CORNERSTONE ADVOCACY SERVICE Other Contracted Services Police 251909 31,919 RJ MARCO CONSTRUCTION INC Building Capital Impr/Maint Fixed 1016400 30,359 SRF CONSULTING GROUP INC Design&Engineering Improvement Projects 2006 1016275 29,422 MTI DISTRIBUTING INC Machinery&Equipment Park and Recreation 1016264 25,945 DIVERSE BUILDING MAINTENANCE Janitor Service Prairie Village Liquor Store 1016343 25,417 PRAIRIE ELECTRIC COMPANY Contract Svcs-HVAC City Hall-CAM 252085 25,130 WEITZMAN STUDIOS INC Design&Engineering General LRT 1016379 24,612 DIVERSE BUILDING MAINTENANCE Janitor Service Prairie Village Liquor Store 252064 24,463 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 6027 22,923 EMPOWER Deferred Compensation Health and Benefits 6046 22,903 EMPOWER Deferred Compensation Health and Benefits 251784 22,280 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 251939 21,794 ABM ONSITE SERVICES-MIDWEST Tenant 1-Cleaning Suppli Utility Operations-General 251779 21,484 I-494 CORRIDOR COMMISSION TREASURER Dues&Subscriptions City Council 1016334 20,325 JOHN DEERE GOVERNMENT&NATIONAL SALES Machinery&Equipment Park and Recreation 251915 20,255 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 252055 18,432 REHBEIN'S AGRICULTURAL SERVICES Lime Residual Removal Water Treatment 251904 18,223 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 251830 17,850 VIDEOTRONIX INC Contract Svcs-Security Aquatics Admin. 6026 17,053 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 6045 16,862 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 251790 16,241 MATTS AUTO SERVICE INC Miscellaneous Fleet Operating 251824 15,770 TECH SALES CO Process Control Equipment Water Treatment 251817 15,694 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 1016338 15,277 MINNESOTA ROADWAYS CO Conference/Training Capital Maint.&Reinvestment 251850 15,266 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie Village Liquor Store 252010 15,219 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Comments 251788 15,081 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 252026 14,875 METRO TRANSIT Design&Engineering General LRT 6021 14,674 LIFE INSURANCE COMPANY OF NORTH AMERICA Life Insurance EE/ER Health and Benefits 251982 14,074 GENERAL OFFICE PRODUCTS COMPANY Contract Svcs-General Bldg Fitness/Conference-Cmty Ctr 6047 13,910 I-494 CORRIDOR COMMISSION Deposits 494 Corridor Commission 1016316 12,562 A-SCAPE INC Contract Svcs-Snow Removal Den Bldg.-CAM 251849 12,343 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie Village Liquor Store 1016346 12,244 THORPE DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 251898 12,000 NATIONAL RESEARCH CENTER INC Other Contracted Services City Council 251752 11,858 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Den Road Liquor Store 1016333 11,700 J&D WINDOW CLEANING Window Washing Prairie Village Liquor Store 251887 11,101 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 6032 10,676 RADIANT SYSTEMS Bank and Service Charges Prairie View Liquor Store 251953 10,573 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Den Road Liquor Store 1016269 10,344 HANSEN THORP PELLINEN OLSON Other Contracted Services Park Acquisition&Dev Fixed A 251783 10,232 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 252082 10,146 VALLEY RICH CO INC Equipment Repair&Maint Water Distribution 6035 9,486 SELECT ACCOUNT HSA-Employer Health and Benefits 6037 9,374 I-494 CORRIDOR COMMISSION Deposits 494 Corridor Commission 251816 9,240 SEECLICKFIX INC Software Maintenance IT Operating 1016308 9,100 SITEIMPROVE,INC Other Contracted Services Communications 1016321 8,902 CENTERPOINT ENERGY Gas Cummins Grill 251773 8,800 GRAYMONT Treatment Chemicals Water Treatment 251879 8,782 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 6031 8,561 US BANK-CREDIT CARD MERCHANT ONLY Bank and Service Charges Finance 251985 8,506 GRAYMONT Treatment Chemicals Water Treatment 1016332 8,502 INTERSTATE POWER SYSTEMS INC Equipment Repair&Maint Water Supply(Wells) 251769 8,043 GARDNER BUILDERS Contract Svcs-General Bldg Property Insurance 251818 7,992 SOUTHWEST SUBURBAN CABLE COMMISSION Dues&Subscriptions City Council 251970 7,900 CUSTOM MANUFACTURING INC Capital Under$25,000 Capital Outlay Parks 1016301 7,421 GREENSIDE INC Contract Svcs-Snow Removal Fire Station#1 252044 6,734 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 251952 6,711 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie Village Liquor Store 252056 6,500 RIGHTLINE DESIGN LLC Other Contracted Services Communications 1016402 6,483 THORPE DISTRIBUTING Liquor Product Received Prairie View Liquor Store 251808 6,180 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 251924 6,088 VIDEOTRONIX INC Building Aquatics&Fitness Expansion 6022 5,905 SELECT ACCOUNT HRA Health and Benefits 251884 5,856 LIFELINE INC Capital Under$25,000 Police 1016247 5,849 GREENSIDE INC Contract Svcs-Snow Removal Fire Station#1 251751 5,808 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie Village Liquor Store 251851 5,350 CENTURY COLLEGE Operating Supplies Fire 1016283 5,211 THORPE DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 251930 5,151 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 252087 5,135 WELSH COMPANIES Other Contracted Services Fitness/Conference-Cmty Ctr 251770 5,089 GENERAL OFFICE PRODUCTS COMPANY Supplies-General Building City Center Operations 1016285 5,027 W W GOETSCH ASSOCIATES INC Equipment Parts Water Treatment 251914 4,944 SOCCER SHOTS Instructor Service Preschool Events 251890 4,920 METROPOLITAN COUNCIL Other Revenue SAC Agency Fund Check# Amount Supplier/Explanation Account Description Business Unit Comments 252003 4,824 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 1016373 4,783 A-SCAPE INC Contract Svcs-Snow Removal Den Bldg.-CAM 251866 4,365 GRAYMONT Treatment Chemicals Water Treatment 1016263 4,248 CENTERPOINT ENERGY Gas Prairie View Liquor Store 251876 4,248 INTEGRITY REMODELING&DESIGN GROUP LLC Contract Svcs-Electrical Cummins Grill House 251814 4,183 RETROFIT COMPANIES,INC,THE Contract Svcs-Electrical Fitness/Conference-Cmty Ctr 251925 4,143 VISUAL COMMUNICATIONS Other Contracted Services Economic Development Fund 251859 3,911 DPC INDUSTRIES INC Treatment Chemicals Water Treatment 1016320 3,782 BOYER TRUCKS Equipment Repair&Maint Fleet Operating 251774 3,706 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Concessions 1016311 3,678 VAN PAPER COMPANY Cleaning Supplies Park Shelters 1016384 3,596 GRAINGER Supplies-HVAC Fitness/Conference-Cmty Ctr 251945 3,588 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 1016407 3,525 WINE COMPANY,THE Liquor Product Received Den Road Liquor Store 6034 3,457 SAGE PAYMENT SOLUTIONS Bank and Service Charges Wastewater Accounting 252076 3,280 ULTIMATE SOFTWARE GROUP,THE Ultimate(prey.Ceridian) IT Operating 251901 3,158 PAUSTIS&SONS COMPANY Liquor Product Received Prairie Village Liquor Store 251964 3,148 COMMERCIAL ASPHALT CO Patching Asphalt Street Maintenance 252006 3,109 IMPACT PROVEN SOLUTIONS Other Contracted Services Water Accounting 251755 3,090 CENTURYLINK Telephone Cummins Grill 1016374 3,084 ASPEN WASTE SYSTEMS INC. Waste Disposal Utility Operations-General 1016270 3,084 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance 251893 3,014 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Lake 251810 3,000 POSTAGE BY PHONE RESERVE ACCOUNT Postage Customer Service 1016368 2,946 VINOCOPIA Liquor Product Received Den Road Liquor Store 252088 2,934 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 251834 2,821 WATSON FURNITURE GROUP Equipment Repair&Maint E-911 Program 1016356 2,806 GREENSIDE INC Contract Svcs-Snow Removal City Hall-CAM 252083 2,786 VIDEOTRONIX INC Video&Photo Supplies Arts Center 251791 2,750 MAYFIELD MARK Other Contracted Services Senior Center Programs 251950 2,734 BERNICK'S WINE Liquor Product Received Den Road Liquor Store 251906 2,714 RAINBOW INC Improvement Contracts Improvement Projects 2006 6033 2,666 AMERICAN EXPRESS Bank and Service Charges Finance 1016403 2,664 TOWMASTER INC Equipment Parts Fleet Operating 252019 2,657 LUBE-TECH ESI Equipment Testing/Cert. Fleet Operating 251842 2,636 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 251777 2,597 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 1016314 2,474 YOUNGSTEDTS COLLISION CENTER Equipment Repair&Maint Fleet Operating 251973 2,440 EARL F ANDERSEN INC Signs Traffic Signs 251802 2,429 NAC Contract Svcs-HVAC City Hall-CAM 6040 2,416 SELECT ACCOUNT Other Contracted Services Health and Benefits 1016267 2,414 GARTNER REFRIGERATION&MFG INC Contract Svcs-Ice Rink Ice Arena Maintenance 252048 2,400 POWER SYSTEMS SERVICES INC Contract Svcs-Fire/Life/Safe Fire Station#2 1016370 2,323 ADVANCED ENGINEERING&ENVIRONMENTAL SE Equipment Repair&Maint Stormwater Non-Capital 252014 2,305 LANO EQUIPMENT INC Equipment Parts Stormwater Non-Capital 252001 2,251 HENNEPIN COUNTY TREASURER Other Contracted Services TIF-HO PROPERTIES 251746 2,213 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 251874 2,171 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 252091 2,150 2ND WIND EXERCISE Training Supplies Police Check# Amount Supplier/Explanation Account Description Business Unit Comments 1016324 2,120 DAKOTA SUPPLY GROUP INC Repair&Maint.Supplies Water Metering 251747 2,082 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 1016365 2,030 STONEBROOKE Autos Police 251929 2,000 WELLS FARGO BANK MINNESOTA NA Paying Agent 2016A GO BONDS-WEST 70TH ST. 1016367 1,992 VAN PAPER COMPANY Cleaning Supplies Fire Station#1 251795 1,975 MINNESOTA DEPARTMENT OF EMPLOYMENT Interest Economic Development Fund 251946 1,965 ARVIG Fiber Lease Payments IT Operating 251991 1,953 HEALTHPARTNERS Health&Fitness Fire 251869 1,929 HD SUPPLY WATERWORKS LTD Equipment Parts Utility Operations-General 252043 1,928 PAUSTIS&SONS COMPANY Liquor Product Received Den Road Liquor Store 1016380 1,922 DLT SOLUTIONS INC. Software IT Operating 252023 1,912 MEDICINE LAKE TOURS Special Event Fees Trips 252008 1,904 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits 251757 1,896 CINTAS CORPORATION Safety Supplies Community Center Admin 1016349 1,837 WINE COMPANY,THE Liquor Product Received Prairie Village Liquor Store 1016401 1,829 STREICHERS Training Supplies Police 251864 1,811 GENERAL OFFICE PRODUCTS COMPANY Supplies-General Building City Center Operations 252025 1,800 MESSERIL&KRAMER Deposits 494 Corridor Commission 251956 1,775 BWS HEATING&AIR CONDITIONING Building Repair&Maint. Water Supply(Wells) 251764 1,763 EARL F ANDERSEN INC Repair&Maint.Supplies Utility Operations-General 251877 1,749 IZONE Signs Capital Outlay Parks 251801 1,700 MOBILE RADIO ENGINEERING INC Equipment Repair&Maint Public Safety Communications 1016369 1,693 WENCK ASSOCIATES INC Design&Engineering Stormwater Non-Capital 6038 1,657 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 251978 1,600 ERGOMETRICS Other Contracted Services Organizational Services 251807 1,591 PAUSTIS&SONS COMPANY Liquor Product Received Den Road Liquor Store 252089 1,543 YORKTOWN OFFICES Deposits 494 Corridor Commission 252035 1,540 NAC Contract Svcs-Plumbing Dunn Brothers 251768 1,503 FIRE SAFETY USA INC Equipment Repair&Maint Fire 251988 1,500 HAMLINE UNIVERSITY Dues&Subscriptions Stormwater Non-Capital 252060 1,500 SIGNCRAFTERS Equipment Repair&Maint Water Storage 1016259 1,484 VINOCOPIA Liquor Product Received Den Road Liquor Store 251927 1,445 WATER CONSERVATION SERVICES INC OCS-Utility Locates Water Distribution 251775 1,404 GYM WORKS Equipment Repair&Maint Fitness Classes 251999 1,364 HENNEPIN COUNTY TREASURER Other Contracted Services TIF-EDEN SHORES Senior Housing 251882 1,360 KEEPRS INC. Clothing&Uniforms Fire 1016260 1,355 WERNER ELECTRIC SUPPLY CO. Supplies-Pool Pool Maintenance 252079 1,350 US BANK Interest Investment Fund 1016323 1,350 DAIKIN APPLIED Contract Svcs-HVAC City Hall-CAM 251871 1,349 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police 251941 1,337 ACCOUNTEMPS Deposits 494 Corridor Commission 1016359 1,334 LYNDALE PLANT SERVICES Contract Svcs-hit.Landscape City Hall-CAM 252013 1,300 KAISER,DAVID S Contract Svcs-General Bldg Fitness/Conference-Cmty Ctr 1016312 1,272 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 251975 1,260 EHLERS&ASSOCIATES INC Deposits Escrow 251846 1,218 BERNICK'S WINE Liquor Product Received Prairie Village Liquor Store 251756 1,201 CENTURYLINK Telephone IT Telephone 1016258 1,198 VAN PAPER COMPANY Cleaning Supplies Fitness/Conference-Cmty Ctr 251844 1,180 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating Check# Amount Supplier/Explanation Account Description Business Unit Comments 251835 1,169 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 1016383 1,136 FACTORY MOTOR PARTS COMPANY Lubricants&Additives Fleet Operating 251753 1,115 BROCK WHITE COMPANY LLC Landscape Materials/Supp Wasterwater Collection 251797 1,102 MINNESOTA SAFETY SERVICES LLC Instructor Service Pool Lessons 251782 1,080 INTERTECH INC Other Contracted Services IT Operating 1016385 1,079 GRANICUS INC Equipment Repair&Maint Cable PEG 251996 1,074 HENNEPIN COUNTY TREASURER Other Contracted Services TIF-HEIGHTS AT VALLEY VIEW 1016355 1,072 FASTENAL COMPANY Operating Supplies Fleet Operating 1016345 1,070 STREICHERS Protective Clothing Police 1016326 1,063 FASTSIGNS Operating Supplies Skating Rinks/Warming Houses 251888 1,054 MEDICINE LAKE TOURS Special Event Fees Trips 251998 1,053 HENNEPIN COUNTY TREASURER Other Contracted Services TIF-LINCOLN PARC APTS 251840 1,047 ALEX AIR APPARATUS INC Equipment Testing/Cert. Emergency Preparedness 251796 1,046 MINNESOTA PIPE AND EQUIPMENT* Equipment Parts Water Distribution 251812 1,017 RANDY'S ENVIRONMENTAL SERVICES Waste Disposal City Hall-CAM 1016354 1,007 BUSINESS ESSENTIALS Office Supplies Utility Operations-General 251972 982 E A SWEEN COMPANY Merchandise for Resale Concessions 251994 982 HENNEPIN COUNTY TREASURER Other Contracted Services TIF-TOWN CENTER 1016261 967 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 1016290 957 ZIEGLER INC Equipment Parts Fleet Operating 1016282 950 STREICHERS Clothing&Uniforms Police 251916 934 SPOK,INC. Pager&Cell Phone IT Operating 251976 929 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Autos Police 251920 908 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 252015 904 LEAGUE MN CITIES INS TRUST Deposits 494 Corridor Commission 1016347 898 VISTAR CORPORATION Merchandise for Resale Concessions 251863 897 FIRE SAFETY USA INC Equipment Parts Fire 1016361 889 PARK SUPPLY OF AMERICA INC Supplies-Plumbing Senior Center 252070 884 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 251997 872 HENNEPIN COUNTY TREASURER Other Contracted Services TIF-ROLLING HILLS SR HSG 1016265 860 DREW'S CONCESSIONS LLC Merchandise for Resale Concessions 251990 857 HEALTHPARTNERS Deposits 494 Corridor Commission 251943 820 ADVANTAGE PROPERTY MAINTENANCE INC Other Contracted Services Park Maintenance 251957 819 CAMPBELL KNUTSON,P.A. Legal WAFTA 251960 814 CINTAS CORPORATION #470 Safety Supplies Community Center Admin 1016342 803 PETERSON BROS ROOFING AND CONSTRUCTION I Contract Svcs-Roof Public Works/Parks 252031 782 MINNESOTA STATE FIRE CHIEFS ASSN Dues&Subscriptions Fire 1016396 766 PRAIRIE ELECTRIC COMPANY Supplies-HVAC Police City Center 251979 758 FIRST MINNETONKA CITY BANK Deposits 494 Corridor Commission 251880 757 JOHN HENRY FOSTER MINNESOTA INC Maintenance Contracts Water Treatment 1016329 757 GRAINGER Operating Supplies Fitness/Conference-Cmty Ctr 1016327 756 FERRELLGAS Gas Outdoor Center 252086 750 WELLS FARGO BANK MINNESOTA NA Paying Agent 2012C GO Perm Impr Ref Bonds 251813 740 REALM PROMOTIONS Operating Supplies Fitness Classes 251889 736 METROPOLITAN COMPOUNDS INC Supplies-General Bldg Water Treatment 251955 734 BRYAN ROCK PRODUCTS INC Gravel Water Distribution 252074 732 TRUE FABRICATIONS Liquor Product Received Den Road Liquor Store 1016392 718 METRO SALES INCORPORATED* Deposits 494 Corridor Commission 251995 702 HENNEPIN COUNTY TREASURER Other Contracted Services TIF-SUPERIOR OFFICE CTR Check# Amount Supplier/Explanation Account Description Business Unit Comments 252018 700 LEIGH SARAH Other Contracted Services Winter Theatre 1016341 696 PARLEY LAKE WINERY Liquor Product Received Prairie Village Liquor Store 1016289 686 XCEL ENERGY Electric Forest Hills Park 251803 680 NAHRO Dues&Subscriptions Community Development Admin. 251748 677 BERNICK'S WINE Liquor Product Received Den Road Liquor Store 1016340 668 NUCO2 INC Supplies-Pool Pool Maintenance 251778 665 HOTSY MINNESOTA Contract Svcs-Plumbing Public Works/Parks 251745 660 ALPINE DIVERSIFIED SERVICES INC Contract Svcs-Garden Romm Garden Room Repairs 1016317 654 ASPEN EQUIPMENT CO. Equipment Parts Fleet Operating 251854 650 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 251944 648 AMERICAN PLANNING ASSN Dues&Subscriptions Community Development Admin. 251917 647 STAPLES ADVANTAGE Office Supplies Customer Service 251910 645 SHRED RIGHT Waste Disposal City Center Operations 1016318 641 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 252012 638 JOHNSON CONTROLS Contract Svcs-HVAC Water Treatment 1016271 636 IDEXX DISTRIBUTION CORP Laboratory Chemicals Water Treatment 252036 633 NELSON BROOKE Other Contracted Services Winter Theatre 1016286 630 WATSON CO INC,THE Merchandise for Resale Concessions 1016294 614 BOUNDLESS NETWORK Operating Supplies Gymnasium(CC) 1016375 611 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 252050 600 PROBALL ANDREW Other Contracted Services Winter Theatre 251822 592 SUNBURST CHEMICALS INC Supplies-Garden Room Garden Room Repairs 1016299 590 FLEETPRIDE INC Equipment Parts Fleet Operating 1016303 588 PARK SUPPLY OF AMERICA INC Supplies-Plumbing Fitness/Conference-Cmty Ctr 251984 582 GRAPE BEGINNINGS Liquor Product Received Den Road Liquor Store 251895 580 MN STATE FIRE MARSHALL DIVISION Conference/Training Police 251767 574 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Autos Capital Maint.&Reinvestment 1016287 573 WINE COMPANY,THE Liquor Product Received Den Road Liquor Store 251942 567 ADESA MPLS Miscellaneous DWI Forfeiture 251776 564 HENNEPIN COUNTY I/T DEPT Software Maintenance IT Operating 251992 564 HENNEPIN COUNTY lIT DEPT Software Maintenance IT Operating 251780 561 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 251852 559 CENTURYLINK Other Broadband Internet IT Operating 251913 557 SMALL LOT MN Liquor Product Received Den Road Liquor Store 252002 552 HENNEPIN COUNTY TREASURER Other Contracted Services TIF-COLUMBINE ROAD HOUSING 1016268 551 GRAINGER Supplies-General Bldg Water Treatment 1016406 549 WATSON CO INC,THE Merchandise for Resale Concessions 1016302 545 MINNESOTA CLAY CO.USA Operating Supplies Arts Center 252000 543 HENNEPIN COUNTY TREASURER Other Contracted Services TIF-EDENVALE TOWNHOMES 1016310 543 THE OASIS GROUP Employee Assistance Organizational Services 251968 542 CORPORATE TECHNOLOGIES Deposits 494 Corridor Commission 251785 540 KEEPRS INC. Clothing&Uniforms Fire 251823 533 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 1016256 530 STONEBROOKE Autos Police 252041 530 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire 252071 527 TKO WINES,INC Liquor Product Received Prairie View Liquor Store 1016389 527 LEROY JOB TRUCKING INC Other Contracted Services Animal Control 1016244 525 BUSINESS ESSENTIALS Office Supplies Utility Operations-General 1016381 525 ECM PUBLISHERS INC Other Contracted Services Community Center Admin Check# Amount Supplier/Explanation Account Description Business Unit Comments 251931 519 WORKS COMPUTING INC Other Contracted Services IT Operating 1016322 517 CONCRETE CUTTING&CORING INC Equipment Parts Wasterwater Collection 251865 515 GRAPE BEGINNINGS Liquor Product Received Prairie View Liquor Store 1016371 512 AMERICAN TIME&SIGNAL CO Supplies-General Building City Center Operations 251926 506 WALLACE CARLSON PRINTING Operating Supplies Assessing 1016397 503 PREMIUM WATERS INC Operating Supplies-Station sup Fire 252054 500 RED'S SAVOY PIZZA Awards Athletic Programs Admin 251986 494 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store 1016243 491 BERRY COFFEE COMPANY Merchandise for Resale Concessions 252009 487 JACOBSON ERIC AR Utility Water Enterprise Fund 1016241 486 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Fire 1016377 485 CONCRETE CUTTING&CORING INC Equipment Parts Park Maintenance 251750 479 BOUND TREE MEDICAL LLC EMS Supplies-EMS Supplies Fire 251940 478 ABRA AUTO BODY&GLASS Equipment Repair&Maint Fleet Operating 251892 475 MINNESOTA DEPT OF PUBLIC SAFETY Miscellaneous Organizational Services 1016390 474 LITTLE FALLS MACHINE INC Equipment Parts Fleet Operating 1016313 472 WICKSTROM,SHERRY BUTCHER Travel Expense City Council 6043 470 ULTIMATE SOFTWARE GROUP,THE Garnishment Withheld Health and Benefits 1016350 460 WM MUELLER AND SONS INC Gravel Water Distribution 1016337 460 METRO SALES INCORPORATED* Equipment Rentals IT Operating 251836 459 WORKS COMPUTING INC Hardware-Rpr&Mtc IT Operating 252061 458 SMALL LOT MN Liquor Product Received Den Road Liquor Store 1016372 455 AMERITRAK Other Contracted Services Snow&Ice Control 252042 440 PAPCO INC Janitor Service Pool Maintenance 251760 438 DB SHOGER&ASSOCIATES LLC Small Tools Fleet Operating 1016348 437 WATSON CO INC,THE Merchandise for Resale Concessions 251954 435 BRIN NORTHWESTERN GLASS COMPANY Contract Svcs-General Bldg Park Shelters 251947 434 ASPEN MILLS Clothing&Uniforms Fire 252067 425 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 6024 425 ULTIMATE SOFTWARE GROUP,THE Garnishment Withheld Health and Benefits 252065 414 SOUTHWEST NEWS MEDIA Printing City Clerk 1016394 410 NORTH CENTRAL LABORATORIES Laboratory Chemicals Water Treatment 251806 408 OLSEN'S EMBROIDERY/COMPANY Clothing&Uniforms Park Maintenance 251907 406 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store 252072 400 TOTAL ENTERTAINMENT Other Contracted Services Special Initiatives 252078 390 UNIVERSITY OF MINNESOTA,VMC Canine Supplies Police 1016335 383 MENARDS Supplies-General Bldg Pool Maintenance 1016398 379 REINDERS INC Chemicals Park Maintenance 251867 378 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Prairie View Liquor Store 252007 377 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 251856 377 COSTCO Merchandise for Resale Organizational Services 251763 373 E A SWEEN COMPANY Merchandise for Resale Concessions 1016284 367 TOWMASTER INC Equipment Parts Fleet Operating 1016328 365 GRAFIX SHOPPE Autos Capital Maint.&Reinvestment 251918 365 SUBURBAN CHEVROLET Equipment Repair&Maint Fleet Operating 1016387 362 HORIZON COMMERCIAL POOL SUPPLY Cleaning Supplies Pool Maintenance 1016366 356 TOLL GAS AND WELDING SUPPLY Repair&Maint.Supplies Water Distribution 251819 354 SPEEDPRO IMAGING INC Operating Supplies Ice Operations 1016291 350 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie View Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Comments 252068 346 SUMMIT COMPANIES Operating Supplies-Station sup Fire 1016300 345 GREATAMERICA FINANCIAL SVCS Postage Customer Service 251932 344 Z WINES USA LLC Liquor Product Received Prairie Village Liquor Store 1016304 341 PROSOURCE SUPPLY Supplies-Plumbing Fitness/Conference-Cmty Ctr 1016292 340 BERRY COFFEE COMPANY Merchandise for Resale Concessions 252046 339 PLASTIC BAG MART Liquor Product Received Den Road Liquor Store 251983 334 GOPHER STATE ONE-CALL OCS-Leak Detection Utility Operations-General 251862 332 ENKI BREWING COMPANY INC Liquor Product Received Prairie Village Liquor Store 251977 332 ENKI BREWING COMPANY INC Liquor Product Received Prairie View Liquor Store 1016319 330 BOYER TRUCKS Equipment Parts Fleet Operating 251798 318 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Traffic Signals 251743 315 ABM ONSITE SERVICES-MIDWEST Janitor Service City Center Operations 1016257 313 SWANK MOTION PICTURES INC Operating Supplies Pool Special Events 1016382 306 EDEN PRAIRIE FIREFIGHTERS RELIEF ASSOC Union Dues Withheld Health and Benefits 252030 300 MINNESOTA DEPT OF LABOR AND INDUSTRY Licenses&Taxes Senior Center 251772 295 GRAPE BEGINNINGS Liquor Product Received Den Road Liquor Store 252051 294 PRO-LOK PRODUCTS Operating Supplies Police 1016352 285 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Fire 1016273 283 LITTLE FALLS MACHINE INC Equipment Parts Fleet Operating 1016395 282 PARLEY LAKE WINERY Liquor Product Received Den Road Liquor Store 251860 278 E A SWEEN COMPANY Merchandise for Resale Concessions 251820 277 STAPLES ADVANTAGE Office Supplies Customer Service 251800 275 MNIAI Dues&Subscriptions Police 1016246 274 FASTENAL COMPANY Equipment Parts Fleet Operating 251965 270 COMMUNITY HEALTH CHARITIES OF MINNESOTA United Way Withheld Health and Benefits 1016360 260 MINNESOTA NATIVE LANDSCAPES Operating Supplies Stormwater Non-Capital 251713 259 EPPERSON GRAHAM AR Utility Water Enterprise Fund 1016362 259 QUALITY PROPANE Motor Fuels Fleet Operating 1016296 256 CARLSTON,BRANDON Clothing&Uniforms Police 1016278 255 PITNEY BOWES Postage Customer Service 252052 254 PROP-DO NOT USE United Way Withheld Health and Benefits 1016325 252 ESS BROTHERS&SONS INC Repair&Maint.Supplies Stormwater Non-Capital 251707 250 CHEAM KILIN AR Utility Water Enterprise Fund 251771 250 GLOCK PROFESSIONAL INC Tuition Reimbursement/School Police 251989 250 HAYEN,LINDA Other Contracted Services Winter Theatre 252069 250 SUPERGLASS Equipment Repair&Maint Fleet Operating 1016388 250 KIDCREATE STUDIO Other Contracted Services Special Events&Trips 251911 240 SIGNSOURCE Supplies-General Building City Center Operations 251742 240 3RD LAIR Instructor Service Special Events&Trips 251875 239 HOME DEPOT CREDIT SERVICES Supplies-Security Fire Station#3 251837 233 VERIZON WIRELESS Telephone Park Maintenance 1016251 230 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 251885 229 LYNCH,MICHAEL Deposits Escrow 1016305 228 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 251761 227 DISPLAY SALES Repair&Maint.Supplies Facilities Staff 252057 226 ROBERTS TIM Operating Supplies Winter Theatre 1016399 224 SCHWAB VOLLHABER LUBRATT SERVICE CORO Contract Svcs-HVAC City Hall-CAM 1016309 224 STONEBROOKE Autos Fire 251765 220 EDEN PRAIRIE CHAMBER OF COMMERCE Conference/Training Economic Development Check# Amount Supplier/Explanation Account Description Business Unit Comments 251883 220 KLEMP,JEANNE Employment Advertising Organizational Services 251980 217 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance 251809 216 PK BLOODY MARY CORP Liquor Product Received Den Road Liquor Store 251858 212 DIRECTV Cable TV Community Center Admin 251922 211 UNITED STATES POSTAL SERVICE Postage Senior Center Admin 1016288 209 WM MUELLER AND SONS INC Gravel Water Distribution 1016255 209 SLICK,RANDY L Mileage&Parking Engineering 252066 208 STAPLES ADVANTAGE Office Supplies Customer Service 251821 207 SUMMIT COMPANIES Operating Supplies-Station sup Fire 252022 205 MATTS AUTO SERVICE INC Equipment Repair&Maint Fleet Operating 1016336 204 METRO ELEVATOR INC Contract Svcs-Elevator Fitness/Conference-Cmty Ctr 251921 203 TASER INTERNATIONAL Equipment Repair&Maint Police 1016344 202 SHERWIN WILLIAMS CO Repair&Maint.Supplies Park Maintenance 251870 200 HELPING PAWS Deposits-P&R Refunds Community Center Admin 251899 200 NELSON KARI Deposits-P&R Refunds Community Center Admin 251981 199 G&K SERVICES-MPLS INDUSTRIAL Operating Supplies Park Maintenance 1016391 194 MENARDS Operating Supplies Park Maintenance 251923 192 VERIZON WIRELESS Other Contracted Services Park Maintenance 252038 190 OFFICE TEAM Deposits 494 Corridor Commission 1016364 190 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Den Road Liquor Store 1016248 190 METROPOLITAN FORD Equipment Repair&Maint Fleet Operating 251703 190 PETTY CASH Operating Supplies Senior Center Programs 1016315 189 A TO Z RENTAL CENTER Equipment Parts Police 1016262 188 BOYER TRUCKS Equipment Parts Fleet Operating 1016378 187 DAIKIN APPLIED Contract Svcs-HVAC City Hall-CAM 251715 187 FORDYCE JESS AR Utility Water Enterprise Fund 1016277 185 NUCO2 INC Supplies-Pool Pool Maintenance 251912 184 SIWEK LUMBER&MILLWORK INC Repair&Maint.Supplies Water Distribution 251993 181 HENNEPIN COUNTY RESIDENT&REAL ESTATE Other Contracted Services Engineering 251935 180 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 251937 180 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 251848 179 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store 251900 177 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire 252080 176 US BANK EQUIPMENT FINANCE Deposits 494 Corridor Commission 252081 176 USHER,RANDI Cash CASH COMPANY 251793 175 MIAMA Licenses,Permits,Taxes,Fees Ice Operations 252084 175 VOLAVKA,LYNDA Other Contracted Services Special Initiatives 251706 168 CARTIER THOMAS AR Utility Water Enterprise Fund 251873 166 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning 251958 163 CENTURYLINK Other Broadband Internet IT Operating 1016353 160 BERRY COFFEE COMPANY Merchandise for Resale Concessions 1016331 156 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance 251966 154 CONTINENTAL SAFETY EQUIPMENT Repair&Maint-Ice Rink Ice Arena Maintenance 252053 154 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie View Liquor Store 251799 150 MLK SEMINARS LLC Tuition Reimbursement/School Park Maintenance 1016405 150 USA SECURITY Maintenance Contracts Water Treatment 1016363 150 SAMS,JOHN Mileage&Parking Assessing 6039 148 VANCO SERVICES Bank and Service Charges Wastewater Accounting 251959 148 CHILDS,DOUG Refunds Water Conservation Check# Amount Supplier/Explanation Account Description Business Unit Comments 251951 147 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store 6041 147 OPTUM HEALTH Other Contracted Services Health and Benefits 251831 146 WACONIA BREWING COMPANY Liquor Product Received Den Road Liquor Store 251934 140 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 251872 136 HENNEPIN COUNTY TREASURER Licenses,Permits,Taxes,Fees Concessions 252028 136 MIDWEST COCA COLA BOTTLING COMPANY Liquor Product Received Prairie Village Liquor Store 251792 135 MCPA/MN CRIME WATCH Dues&Subscriptions Police 251712 134 EARLE DOUGLAS AR Utility Water Enterprise Fund 251758 130 CINTAS CORPORATION #470 Cleaning Supplies Utility Operations-General 251853 130 CINTAS CORPORATION #470 Cleaning Supplies Utility Operations-General 251962 128 COMCAST Other Broadband Internet IT Operating 252029 128 MINNESOTA DEPT OF HEALTH Licenses&Taxes Water Distribution 251766 125 EDEN PRAIRIE HIGH SCHOOL Employment Advertising Organizational Services 251894 124 MINNESOTA WANNER COMPANY Equipment Parts Fleet Operating 252033 124 MN DEPT OF TRANSPORTATION Equipment Repair&Maint Traffic Signals 1016276 122 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store 1016339 122 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 251905 120 PRAHA DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 1016279 120 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical City Hall-CAM 251733 117 PATANGAY PRAVEEN AR Utility Water Enterprise Fund 1016298 117 FASTENAL COMPANY Operating Supplies Fleet Operating 251722 116 HOLT JEFF AR Utility Water Enterprise Fund 251749 115 BLOOMINGTON,CITY OF Kennel Services Animal Control 251827 112 UNIFORMS UNLIMITED Clothing&Uniforms Police 251781 111 INDOFF INCORPORATED Office Supplies Customer Service 251736 111 SERGOTT,JASON AR Utility Water Enterprise Fund 252073 111 TRANSUNION RISK&ALTERNATIVE DATA Other Contracted Services Police 1016358 110 LINDAHL,DAVID Mileage&Parking Economic Development 251738 110 THOMPSON MATT AR Utility Water Enterprise Fund 251744 107 ALADTEC INC Operating Supplies Fire 1016393 106 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 251717 105 FRIZTKE LOWELL AR Utility Water Enterprise Fund 251754 100 CAMPBELL DEBORAH Refunds Water Conservation 251841 100 ALLEN RICHARD Refunds Water Conservation 251891 100 MINNESOTA 100 CLUB Dues&Subscriptions Fire 251936 100 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 252058 100 SCW WIM INC Licenses,Permits,Taxes,Fees Fitness Classes 251804 99 NOKOMIS SHOE SHOP Clothing&Uniforms Park Maintenance 251815 96 SCHMIDT,PATRICK L Deposits-P&R Refunds Community Center Admin 251833 93 WARNING LITES Repair&Maint.Supplies Utility Operations-General 252090 91 Z WINES USA LLC Liquor Product Received Prairie Village Liquor Store 1016307 87 RUZEK,CHRISTINE Mileage&Parking Human Resources 252049 86 PRAIRIE LAWN AND GARDEN Repair&Maint.Supplies Park Maintenance 251847 84 BOUND TREE MEDICAL LLC EMS Supplies-EMS Supplies Fire 251949 83 AT&T MOBILITY Pager&Cell Phone Water Distribution 251987 80 GRUBER ACCOUNTING Deposits 494 Corridor Commission 251805 80 OLSEN CHAIN&CABLE Small Tools Stormwater Non-Capital 1016249 78 MINNESOTA CLAY CO.USA Operating Supplies Arts Center 1016242 78 BATTERIES PLUS Small Tools Facilities Staff Check# Amount Supplier/Explanation Account Description Business Unit Comments 1016306 78 ROSE,ALECIA Employee Award Human Resources 251868 77 GROTH MUSIC Operating Supplies Community Band 252077 74 UNITED WAY United Way Withheld Health and Benefits 1016253 72 SAMIDE,RAY Mileage&Parking Skating Rinks/Warming Houses 251735 72 ROSSINI TREVOR AR Utility Water Enterprise Fund 252045 72 PK BLOODY MARY CORP Liquor Product Received Prairie View Liquor Store 252024 72 MEREDITH KATE Deposits 494 Corridor Commission 251828 70 UNIVERSAL ATHLETIC SERVICES INC Awards Touch Football 251714 70 FEESL LINDSEY AR Utility Water Enterprise Fund 252005 69 HUNTER YOLANDA Tuition Reimbursement/School Fitness Classes 251933 64 440400-NCPERS MINNESOTA PERA Health and Benefits 1016297 64 DOHERTY,KRISTEN Mileage&Parking Arts Center 252034 62 MOBILE RADIO ENGINEERING INC Other Contracted Services Prairie Village Liquor Store 251726 61 KRACUM SUSAN AR Utility Water Enterprise Fund 251787 60 MAGC Conference/Training Recreation Admin 251811 60 PRAIRIE KITCHEN Merchandise for Resale Concessions 251762 60 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 251938 60 ABM EQUIPMENT AND SUPPLY COMPANY Equipment Parts Fleet Operating 251705 59 BAESLER JEREMY AR Utility Water Enterprise Fund 1016357 54 HANINK,KELLY Travel Expense Fire 252040 53 OTTO CATHY Deposits-P&R Refunds Community Center Admin 251721 53 HINKS WILLIAM AR Utility Water Enterprise Fund 251832 53 WANG FENG AR Utility Water Enterprise Fund 251878 52 JERRY'S ENTERPRISES INC Repair&Maint.Supplies Fleet Operating 251727 51 LINDBO SANDY AR Utility Water Enterprise Fund 251709 50 COPLAN RYAN AR Utility Water Enterprise Fund 251843 50 BALASUBRAMANIAN MEHESH Refunds Water Conservation 251845 50 BENGTSON KIRSTEN Refunds Water Conservation 251857 50 Devitt Nancy M Deposits-P&R Refunds Community Center Admin 252004 50 HOLLY JOY Refunds Water Conservation 1016245 49 DOHERTY,KRISTEN Operating Supplies Arts Center 251711 48 DAY PAULA AR Utility Water Enterprise Fund 251971 47 DE MIRA MARIQUITA Deposits 494 Corridor Commission 251974 46 EDEN PRAIRIE FOUNDATION United Way Withheld Health and Benefits 1016266 45 FERRELLGAS Repair&Maint.Supplies Water Distribution 6020 45 VANCO SERVICES Miscellaneous Community Center Admin 1016295 44 BUSINESS ESSENTIALS Office Supplies Utility Operations-General 251732 42 OLLHOFF,NATHAN AR Utility Water Enterprise Fund 1016281 42 SPRINT Pager&Cell Phone IT Operating 251903 41 PETSMART Canine Supplies Police 251734 41 PRESTON JOAN AR Utility Water Enterprise Fund 251708 41 CHRIST JENNIFER AR Utility Water Enterprise Fund 251902 40 PEDERSON SUSAN Deposits-P&R Refunds Community Center Admin 251919 40 SUNDELL PAUL D Deposits-P&R Refunds Community Center Admin 251896 40 MOUND FIRE DEPARTMENT Miscellaneous WAFTA 252021 39 MASS/MRPA Conference/Training Senior Center Admin 251897 39 MURO MICHELLE Deposits-P&R Refunds Community Center Admin 1016280 38 QUICKSILVER EXPRESS COURIER Postage Facilities Staff 1016250 37 PROSOURCE SUPPLY Cleaning Supplies Fitness/Conference-Cmty Ctr Check# Amount Supplier/Explanation Account Description Business Unit Comments 251731 37 NOWICKI PAUL AR Utility Water Enterprise Fund 251730 35 MCALLEY JINNY AR Utility Water Enterprise Fund 252047 35 PLEAA Dues&Subscriptions Police 1016254 35 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie View Liquor Store 251741 34 YAGHI YAROB AR Utility Water Enterprise Fund 251948 34 ASSOCATED BANK N.A Other Contracted Services Police 1016272 33 JANEX INC Janitor Service Prairie View Liquor Store 1016293 32 BOHNSACK,SUE Mileage&Parking Senior Center Admin 251719 31 GUSTAFSON ROBERT AR Utility Water Enterprise Fund 252039 30 OLSEN CHAIN&CABLE Small Tools Wasterwater Collection 251861 30 EDEN PRAIRIE CHAMBER OF COMMERCE Operating Supplies-Food Fire 251886 30 MAGC Conference/Training Stormwater Non-Capital 251759 27 COMCAST Other Contracted Services Police 251794 27 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance IT Operating 251725 26 KANG SUNG-HAE AR Utility Water Enterprise Fund 251720 25 HARSH JASON AR Utility Water Enterprise Fund 251789 25 MARSH HEATING&AC Mechanical Permits General Fund 1016376 24 BOYER TRUCKS Equipment Parts Fleet Operating 252063 21 SOMAN FRED Refunds Water Conservation 251961 21 CLEAN N PRESS MTKA Clothing&Uniforms Police 1016330 21 HD SUPPLY FACILITIES MAINTENANCE Supplies-Pool Pool Maintenance 251718 20 GRIFFITHS,MARY AR Utility Water Enterprise Fund 251786 20 KOCOUREK,JOAN Other Contracted Services Police 252062 20 SOLUTION BUILDERS Deposits 494 Corridor Commission 252059 19 SHRED RIGHT Waste Disposal City Center Operations 251737 19 SMITH THOMAS R AR Utility Water Enterprise Fund 251739 18 VEITH SHERYL AR Utility Water Enterprise Fund 252037 16 NELSON,ROBIN Deposits 494 Corridor Commission 251704 16 ALLERS KARIN AR Utility Water Enterprise Fund 251928 15 WAYTEK INC Equipment Parts Fleet Operating 251729 15 MARECK RYAN AR Utility Water Enterprise Fund 251724 11 JORGENSON INGRID AR Utility Water Enterprise Fund 1016252 11 R&R SPECIALTIES OF WISCONSIN INC Repair&Maint-Ice Rink Ice Arena Maintenance 1016404 11 UPS Postage Fire 251716 11 FRIEDE SARAH AR Utility Water Enterprise Fund 251969 10 CUB FOODS EDEN PRAIRIE Operating Supplies Police 1016274 10 MENARDS Supplies-General Bldg Fire Station#1 252032 10 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Creek Woods 251723 8 JOHNSTON WA AR Utility Water Enterprise Fund 251908 7 REGISTRATION FEE TRUST Miscellaneous Organizational Services 251740 7 WILLIAMS TRAVIS AR Utility Water Enterprise Fund 251826 6 TRAVIS LAWRENCE AR Utility Water Enterprise Fund 251728 6 LUNDEEN PAUL AR Utility Water Enterprise Fund 251710 5 CURT SWANSON HOMES,LLC AR Utility Water Enterprise Fund 251963 2 COMCAST Other Contracted Services Police 6019 0 SQUARE Bank and Service Charges Community Center Admin 3,885,887 Grand Total CITY COUNCIL AGENDA DATE: March 7, 2017 SECTION: Ordinances and Resolutions DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: City Manager Ordinance Amending City Code Chapter 2.23, XI.A. Subd. 3, Relating to Membership Range for the Human Rights and Diversity Commission and the Conservation Commission Requested Action Move to: Approve First and Second Reading of an Ordinance Amending City Code Section 2.23, Subd. 3, relating to the membership range for the Human Rights and Diversity Commission and the Conservation Commission Synopsis Currently, the membership of the Human Rights and Diversity Commission and the Conservation Commission are set at five to seven members. The Parks, Recreation, and Natural Resources Commission membership is set at a range of seven to nine members, as is the membership of the Planning Commission. The Heritage Preservation Commission membership is set at seven members. Adjusting the Human Rights and Diversity Commission and the Conservation Commission membership to a range of five to nine members, instead of five to seven members, will provide the City Council with more flexibility in making appointments to these Commissions each year. Attachment Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2017 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE SECTION 2.23, SUBD. 3, RELATING TO MEMBERSHIP RANGE FOR HUMAN RIGHTS AND DIVERSITY COMMISSION AND CITIZEN ADVISORY CONSERVATION COMMISSION; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Chapter 2, Section 2.23, subdivision 3, is hereby deleted in its entirety and replaced with the following: Subd. 3. Membership. Subject to subdivision 6 of this section and with the following exceptions, the membership of each Commission shall consist of not less than five (5) and not more than seven (7) members (as established by the Council from time to time): A. The Human Rights and Diversity Commission and the Citizen Advisory Conservation Commission shall consist of five (5) to nine (9)members. B. The Parks, Recreation and Natural Resources Commission shall consist of seven (7)to nine (9) members. C. The Heritage Preservation Commission shall consist of seven (7) members appointed by the Council. Members shall have a demonstrated interest and/or expertise in historic preservation; be residents of the city; and, if available, at least two (2) members shall be preservation-related professionals (including the professions of history, architectural history, archeology, planning, real estate, or law) and one (1) member shall be a representative of the county Historical Society. Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 2.99 entitled "Violation a Misdemeanor or Petty Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. 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 7th day of March, 2017, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 7th day of March, 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: Appointments March 7, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIII.A. City Council 2017 City Commission Appointments Requested Action Move to: Appoint to the Conservation Commission with terms ending March 31, 2019 Move to: Appoint to the Flying Cloud Airport Advisory Commission with a term ending March 31, 2019 Move to: Appoint to the Heritage Preservation Commission with terms ending March 31, 2019 Move to: Appoint to the Human Rights and Diversity Commission with terms ending March 31, 2019 Move to: Appoint to the Parks, Recreation&Natural Resources Commission with terms ending March 31, 2019; and with a term ending March 31, 2018 Move to: Appoint to the Planning Commission with terms ending March 31, 2019 Synopsis The City Council hosted Commission interviews on Tuesday, February 28, 2017. All terms will begin on April 1. A required orientation session for new commissioners will be held on Monday, March 20. CITY COUNCIL AGENDA DATE: SECTION: Appointments March 7, 2017 DEPARTMENT/ ITEM DESCRIPTION: ITEM NO.: XIII.B. DIVISION: 2017 Appointments of Chairs and Vice Chairs to City Council City Commissions Requested Action Move to: Appoint - Chair and Vice Chair of the Board of Appeal & Equalization. Move to: Appoint - Chair and -Vice Chair of the Conservation Commission. Move to: Appoint - Chair and -Vice Chair of the Heritage Preservation Commission. Move to: Appoint - Chair and - Vice Chair of the Human Rights and Diversity Commission Move to: Appoint - Chair and -Vice Chair of the Parks, Recreation and Natural Resources Commission. Move to: Appoint - Chair and -Vice Chair of the Planning Commission. Synopsis Chairs and Vice Chairs are appointed annually by the City Council following the appointment of members to City Commissions. The City Council hosted Commission interviews on Tuesday, February 23, and determined Chair and Vice Chair assignments for the period of April 1, 2017, through March 31, 2018. CITY COUNCIL AGENDA DATE: SECTION: Report of Parks and Recreation Director March 7, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.D.1. Jay Lotthammer, Director Parks and Recreation Approve RJM Change Order No. 1 for Aquatics Expansion Project Requested Action Move to: Approve RJM Change Order No. 1 for Aquatics Expansion Project in the amount of $774,447. Synopsis Change order No.1 is the final action to satisfy the contract with RJM Construction. In general, the changes included in this change order stem from unforeseen conditions, work directed by RJM that would have occurred and been directed by city staff, and additional necessary work unidentified in the original bid documents. All items and documents have been reviewed by city staff and the city attorney and payment is recommended. Background On May 6, 2014, a contract was entered into with RJM Construction to provide construction management services and to assign sub-contractor contracts to RJM. The original amount for RJM's services and construction costs was $19,100,649. On December 15, 2015 staff presented a construction update at the City Council meeting. The presentation included a review of unexpected cost items such as: the discovery of a burrow pit, inaccurate plumbing elevations, items not included in the drawings and code required additions. Throughout the project, City and RJM staff looked for cost reductions. These reductions totaled$260,756. Examples of the reductions include: deck drain material change, redesign support of mechanical units, reduced fitness storage area and omitted epoxy coated re-bar. There were also items totaling $272,305 that were implemented through the RJM contract to achieve efficiencies and timing milestones. These expenses would have otherwise been contracted directly through city staff The net result of the additions and savings totals $774,447. Financial Implications With this change order, the total contract amount increases from $19,100,649 to $19,875,096. Additional funding is available from dedicated bond premium proceeds, the elimination of the Purgatory Creek Park Entrance Upgrade and the Park Improvement Fund. Attachment Change Order No. 1 Document G7OITM - 2001 Change Order PROJECT(Name and address): CHANGE ORDER NUMBER:001 OWNER: Eden Prairie Community Center DATE:February 22,2017 ARCHITECT:❑ Aquatics Center 16700 Valley View Road CONTRACTOR:El Eden Prairie,MN 55344 TO CONTRACTOR(Name and address): ARCHITECT'S PROJECT NUMBER:2004-003-00 FIELD:El RJM Construction CONTRACT DATE:May 16,2014 OTHER:❑ 701 Washington Avenue North,600 CONTRACT FOR:General Construction Minneapolis,MN 55401 THE CONTRACT IS CHANGED AS FOLLOWS: (Include, where applicable,any undisputed amount attributable to previously executed Construction Change Directives) The original Contract Sum was $ I9,100,649.00 The net change by previously authorized Change Orders $ 0.00 The Contract Sum prior to this Change Order was $ 19,100,649.00 The Contract Sum will be increased by this Change Order in the amount of $ 774,447.00 The new Contract Sum includingthis Change Order will be B $ 19,875,096.00 NOTE:This Change Order does not include changes in the Contract Sum,Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor,in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE A11RGH}T CT,CONTRACTOR AND OWNER. N/A RIM Construction City of Prairie ARCHITECT(Firm name) CONTRACTOR(Firm tir b). OWNER(Firm name) N/A 701 Washingto v true th,600 8080 Mitchell Road Minnea i 5 Eden Prairie,MN 55344 ADDRESS ADD ADDRESS BY(Signature) fgualure) BY(Signature) N/A Brian Recker (Typed name) (Typed name) (Typed name) N/A 2/22/17 DATE DATE DATE AIA Document G701 TM—2001.Copyright©1979,1987,2000 and 2001 by The American Institute of Architects.All rights reserved.WARNING:This AIA® Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA®Document,or any ,I portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 14:38:46 on 03/01/2017 under Order No.6512247237_1 which expires on 08/10/2017,and is not for resale. User Notes: (1984378199) Change Order Exhibit A February 22,2017 1 CCD1R1 :gas piping and door 126A revised rating $23,563 1.1 CCD 1R1: fiber optic relocation $35,520 12 CCD#6 owner security camera locations $19,910 32 CCD#11 Requested Mosaic Tile Pattern $3,730 40 Added Door Hardware for City Security and Access System $14,720 52 RFI#63-Future time clock rough in $2,820 65 RFI#73-Conduit for A/V Control Station $9,960 75 Cost increase for requested darker mortar color $1,344 83 Low Voltage Pathways $20,050 98 CCD#9.1- Front entrance work Landscaping and Paver $17,544 Work 116 Additional wayfinding signs $254 139 Added Power supplies to doors City Security/Access System $2,040 147 Additional DL8 Fixtures North Side of Rec Pool-Rough In $4,110 Only 148 Door 110B Hardware for City Security/Access System $6,140 154 Gephart Door Hardare Changes for VTI $6,430 155 Over the floor raceway 2nd floor Fitness $6,050 168 Future Landscape Lighting $790 169 Upgraded cost for White Advantage I Floats $1,993 183 Provide Removal Mullion for Door 103A for Ease of City $2,447 Access to area 197 Existing 4" Rain Leader hangers and pipe found rotted out- $8,281 City Request to Replace 199 Paint Ductwork Studio A-Not shown for painting, owner $3,279 205 Add additional outlets in Sutdio A-Owner directed for work $1,340 out fans 210 Extra Electric Work for Timing System per Tina Eide $2,236 216 Electrical Requirements for Door security Hardware $20,375 224 Family Restrooms-Wall Tile, Flooring, Base not originally $5,704 designed and not required 225 CCD#26-Card Readers at Doors 175A and 175B $700 236 Repair of 3 Existing Roof Drain Connections-Area C $1,058 245 Mirror Replacement-Studio C $2,830 249 Upgraded Rec Pool Tile and Chlorinator $4,351 250 RFI#222 Chlorinator on Rec Pool $1,815 265 CCD#27 Pool Mechanical Room Roof Ladder for ease of City $3,610 access 273 Waterslide Pump Switch in area of easier operation $1,940 275 Emergency Notification System $1,910 276 Play Feature Pump Switch in area of easier operation $1,800 25.1 CCD#10.1 (4)dedicated circuits area A pool scoreboard $6,080 25.2 CCD#10.2 Rough-in conduit for(10) interior cameras $22,680 25.4 CCD#10,4 Toilet partition clarifications and material change $2,902 9 CCD#3 Code and egress requirements $29,428 15 CCD#7 Minnesota Department of Health Code Review $20,454 response dated 7-24-14 33 CCD#12.1 Building permit plan review changes(Electrical) $6,550 33.1 CCD#12.2 Building permit plan review changes(Precast)- $4,367 added Fire Rated Sealant throughout Bleacher Assembly 96 RFI#126-sanitary sewer in pool mechanical pit area $4,254 104 RFI#127-Overflow drains at pool mechanical room $4,435 157 RFI#175-Push bar mounting door 170E. Inspection $800 requirement 166 Replace Depth Marker Tile-Inspector Requirment at time $8,426 of Inspection-installed per plan 173 Install cleanouts on deck drain piping-per Code Official $3,654 174 Replace door panels& install new panic hardware at 130A, $9,592 143A per code official. Original design installed. 229 RFI 214 NDHU Condensate Drain-Heat Tape $34,614 279 Drinking Fountain in Pool Area $4,995 286 RFI#224-Spa Emergency Stop Switch $4,460 287 RFI#226- Pool C Railing Bonding $2,710 222 Modification to exterior handrail to meet Code $308 Requirements 231 RFI#219 Plunge Pool Railing Grounding not shown on $2,310 Electrical 2 CCD#2 New 6" sanitary sewer service and manhole $29,051 4 East soil correction-building grid A at grids 3-6 $47,015 10 CCD#4 Sanitary Sewer $27,976 17 CCD#9 HGA issued design changes-Added Hand Dryers and $19,927 Hair Dryers not originally designed -added owner requested card readers 51 CCD#13 : Grid J:6 Coordination for Structrual Design change $102,356 II ' 16.2 CCD#8.2 Added steel at mech unit screen wall area A. HGA $20,617 determined after the bids that original design not sufficient. 16.3 CCD#8.3 Redesigned ductwork for Unit Accepted by Bid $22,915 Alternate. Alternate required ductwork layout not included in original bid alternate design. 16.4 HGA change to originally desinged electrical feeder size to $16,510 new Phase I Roof Top Unit. 16.5 Added roof blocking assemblies at structural columns added $10,532 by HGA to original steel deisgn noted in CE 16.2 112 CCD#19 :Waterslide BLDG Steel Modification $12,050 18 Structural Steel Bid and Erection Costs over Contract $40,473 Allowance 115 Steel Tube Install for Stadia Railing $4,475 134 C channel install at stadia for seating $6,888 'Total of All Added Costs $774,4471