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HomeMy WebLinkAboutCity Council - 04/18/2017 AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,APRIL 18, 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 Rene McWaters Workshop- Heritage Room H(5:00) I. COUNCIL GOALS Open Podium - Council Chamber(6:35) II. OPEN PODIUM III. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,APRIL 18, 2017 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Kathy Nelson, and Ron Case CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Ric Rosow and Council Recorder Jan Curielli I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. HENNEPIN COUNTY ATTORNEY MIKE FREEMAN B. PRESENTATION OF SUN CURRENT READERS' CHOICE "BEST REC CENTER" AWARD FOR THE EDEN PRAIRIE COMMUNITY CENTER C. ACCEPT DONATION TOWARD ARTS IN THE PARK FROM ANDERSEN WINDOWS (Resolution) D. ACCEPT DONATION TOWARD ARTS IN THE PARK FROM SKIN ENVY(Resolution) V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, APRIL 4, 2017 B. CITY COUNCIL MEETING HELD TUESDAY, APRIL 4, 2017 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST CITY COUNCIL AGENDA April 18, 2017 Page 2 B. ROCKWILL ADDITION by B Cubed, LLC. Approve Development Agreement C. CEDARCREST STABLES by Pemtom Land Company. Second Reading Of The Ordinance for Planned Unit Development District Review with Waivers on 10.65 Acres and Zoning District Change From Rural to R1-13.5 On 10.65 Acres; Resolution for Preliminary Plat of One Lot into Seventeen Lots on 10.65 Acres (Ordinance for PUD District Review with waivers and Zoning District Change and Resolution for Preliminary Plat) D. REJECT BIDS FOR ENTRY MONUMENT SIGN PROJECT AT THE INTERSECTION OF ANDERSON LAKES PARKWAY AND TH 169 E. APPROVE STANDARD AGREEMENT FOR PROFESSIONAL SERVICES WITH FOTH FOR DEVELOPMENT OF A SOLID WASTE MANAGEMENT PLAN F. APPROVE CONTRACT WITH PLAYPOWER LT FOR RICE MARSH LAKE PLAY STRUCTURE G. APPROVE CONTRACT WITH BLACKSTONE CONSTRUCTION FOR EDENBROOK BOARDWALK PROJECT H. AWARD CONTRACT WITH INSITUFORM TECHNOLOGIES USA, LLC FOR ANTLERS RIDGE STORM SEWER REPAIR PROJECT IX. PUBLIC HEARINGS/MEETINGS A. KOPESKY 2ND ADDITION by HTPO.First Reading of the Ordinance for Zoning District Change from Rural To R1-13.5 on 4.14 Acres; Resolution for Prelinminary Plat of One Lot into Eight Lots on 4.14 Acres (Ordinance; Resolution for Preliminary Plat and Resolution for PUD Concept Review) X. PAYMENT OF CLAIMS M. ORDINANCES AND RESOLUTIONS A. APPROVE FIRST READING OF ORDINANCE AMENDING CITY CODE SECTION 9.05, RELATING TO THE UNIFORM FIRE CODE AND OTHER FIRE REGULATIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS CITY COUNCIL AGENDA April 18, 2017 Page 3 B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Riley Lake Park Improvement Project Update E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVII. ADJOURNMENT ANNOTATED AGENDA DATE: April 18, 2017 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, April 18, 2017 TUESDAY,APRIL 18, 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 A. HENNEPIN COUNTY ATTORNEY MIKE FREEMAN B. PRESENTATION OF SUN CURRENT READERS' CHOICE "BEST REC CENTER" AWARD FOR THE EDEN PRAIRIE COMMUNITY CENTER C. ACCEPT DONATION TOWARD ARTS IN THE PARK FROM ANDERSEN WINDOWS (Resolution) Synopsis: Arts in the Park is a day-long annual juried art fair at Purgatory Creek Park, featuring artwork for sale by local and regional artists. The event includes live music, entertainment, activities for kids, face painting, food vendors, and beer tasting through Eden Prairie Liquor. Each year, over 1,000 people enjoy the event. This year's event takes place on May 20 at Purgatory Creek Park from 9 a.m. to 4 p.m. MOTION: Move to adopt the Resolution accepting the donation of $500 from Andersen Windows to go towards the Arts in the Park event. ANNOTATED AGENDA April 18,2017 Page 2 D. ACCEPT DONATION TOWARD ARTS IN THE PARK FROM SKIN ENVY (Resolution) MOTION: Move to adopt the Resolution accepting the donation of $500 from Envy Skin Clinic to go towards the Arts in the Park event. 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,APRIL 4, 2017 B. CITY COUNCIL MEETING HELD TUESDAY,APRIL 4, 2017 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-H on the Consent Calendar. A. CLERK'S LICENSE LIST B. ROCKWILL ADDITION by B Cubed, LLC. Approve Development Agreement C. CEDARCREST STABLES by Pemtom Land Company. Second Reading Of The Ordinance for Planned Unit Development District Review with Waivers on 10.65 Acres and Zoning District Change From Rural to R1-13.5 On 10.65 Acres; Resolution for Preliminary Plat of One Lot into Seventeen Lots on 10.65 Acres (Ordinance for PUD District Review with waivers and Zoning District Change and Resolution for Preliminary Plat) D. REJECT BIDS FOR ENTRY MONUMENT SIGN PROJECT AT THE INTERSECTION OF ANDERSON LAKES PARKWAY AND TH 169 E. APPROVE STANDARD AGREEMENT FOR PROFESSIONAL SERVICES WITH FOTH FOR DEVELOPMENT OF A SOLID WASTE MANAGEMENT PLAN F. APPROVE CONTRACT WITH PLAYPOWER LT FOR RICE MARSH LAKE PLAY STRUCTURE G. APPROVE CONTRACT WITH BLACKSTONE CONSTRUCTION FOR EDENVALE BOARDWALK PROJECT ANNOTATED AGENDA April 18,2017 Page 3 H. AWARD CONTRACT WITH INSITUFORM TECHNOLOGIES USA, LLC FOR ANTLERS RIDGE STORM SEWER REPAIR PROJECT IX. PUBLIC HEARINGS/MEETINGS A. KOPESKY 2ND ADDITION by HTPO.First Reading of the Ordinance for Zoning District Change from Rural To R1-13.5 on 4.14 Acres; Resolution for Prelinminary Plat of One Lot into Eight Lots on 4.14 Acres (Ordinance; Resolution for Preliminary Plat and Resolution for PUD Concept Review) Official notice of this public hearing was published in the April 6, 2017,Eden Prairie News and sent to 81 property owners. Synopsis: The property is located on the northeast corner of 82nd Street West and Dell Road and is 4.14 acres in size. The site previously included one single-family house and a garage. Both structures were demolished in the fall of 2016 when the well and septic systems were also removed and abandoned. The subject property is currently zoned Rural and is guided for Low Density Residential development in the City's Comprehensive Plan. Low Density Residential allows for a density range between 0-2.5 units per acre. The proposed density for this project is 1.93 units per acre. The request is to rezone the subject property from Rural to R1-13.5. The proposed zoning is consistent with the Comprehensive Plan. The Preliminary Plat proposes a development plan that includes eight single-family residential lots, one outlot, and right-of-way. The proposed outlot will include an existing wetland and buffer area that will be deeded to the City for wetland preservation purposes as recommended by City staff. The plans have been revised to include the correct tree replacement information as required by City Code. The applicant is also requesting approval of a Planned Unit District Review with waivers. The request waivers include the following: 1. Front yard structure setback reduction from 30 feet to 20 feet for Lots 1, 2, and 3. 2. A maximum total cul-de-sac length of 500 feet to 715 feet for the total proposed length of Dove Court. 3. Rear yard structure setback reduction from 20 feet to 15 feet for Lots 1 and 2. 4. Wetland buffer width reduction from 20 feet to 5 feet between Lot 1 and the wetland and along the northern property boundary. The waiver requests are reasonable due to the fact that three of the waivers are necessary as a result of the proposed outlot on the north side of the site and the other two waivers are a result of the over length cul-de-sac which is an existing condition. The outlot is being created for the purpose of protecting the wetland which will be deeded to the city. The 120-Day Review Period Expires on June 17, 2017. Primary concerns raised during public testimony included proposed covenant restrictions and property values in comparison with the existing covenant ANNOTATED AGENDA April 18,2017 Page 4 restrictions and values of homes in the neighborhood. Other requests for consideration included lowering the proposed density by one less lot and increasing the required front yard setbacks for the lots along W. 82nd Street to a minimum of 35 ft. versus 30 ft. Multiple comments expressed that the plat should be a continuation of the existing neighborhood to the east. The Planning Commission voted 4-1 to recommend approval of the project at the March 27, 2017, meeting. MOTION: Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 4.14 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Change from Rural to R1-13.5 on 4.14 acres; and • Adopt the Resolution for Preliminary Plat on 4.14 acres into eight lots and one outlot; and • Direct Staff to prepare a Development Agreement incorporating i_Staff and Commission recommendations and Council conditions. X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS A. APPROVE FIRST READING OF ORDINANCE AMENDING CITY CODE SECTION 9.05, RELATING TO THE UNIFORM FIRE CODE AND OTHER FIRE REGULATIONS Synopsis: City Code Section 9.05 is being amended to update references to the Minnesota State Fire Code and the International Fire Code. Section 9.05 incorporates the Minnesota State Fire Code and certain provisions of the International Fire Code. Relevant provisions in Section 9.05 were last amended in 2003. The Minnesota State Fire Code was recently amended, and the proposed revisions update Section 9.05 to incorporate these amendments. MOTION: Move to approve First Reading of Ordinance Amending City Code Section 9.05 Relating to the Uniform Fire Code and Other Fire Regulations. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS ANNOTATED AGENDA April 18,2017 Page 5 B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Riley Lake Park Improvement Project Update E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. CITY COUNCIL AGENDA DATE: SECTION: Proclamations and Presentation April 18, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.B. Valerie Verley, Community Presentation of Sun Current Reader's Choice Center Manager, "Best Rec Center"Award for the Eden Parks and Recreation Prairie Community Center Requested Action Receive Sun Current Reader's Choice "Best Rec Center"Award for the Eden Prairie Community Center. Synopsis The Sun Current 2017 Reader's Choice Award for"Best Rec Center"has been awarded to the Eden Prairie Community Center. This is the third year in a row that the Community Center has received this recognition. The Reader's Choice award winners are selected during a six-week voting period by print and online readers through a Reader's Choice Survey. Organizations located within Victoria, Spring Park, Plymouth, Eden Prairie, Bloomington, Edina and Richfield are among this year's 2017 award winners in various categories. We are honored to again have the Eden Prairie Community Center recognized by our residents as a high quality community asset. CITY COUNCIL AGENDA DATE: SECTION: Proclamations and Presentation April 18, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.C. Jay Lotthammer, Director, Accept Donation towards Arts in the Park Parks and Recreation from Andersen Windows Requested Action Move to: Adopt the Resolution accepting the donation of$500 from Andersen Windows to go towards the Arts in the Park event. Synopsis Arts in the Park is a day-long annual juried art fair at Purgatory Creek Park, featuring artwork for sale by local and regional artists. The event includes live music, entertainment, activities for kids, face painting, food vendors, and beer tasting through Eden Prairie Liquor. Each year, over 1,000 people enjoy the event. This year's event takes place on May 20 at Purgatory Creek Park from 9 a.m. to 4 p.m. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2017- RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City of$500.00 from Andersen Windows to go towards the Arts in the Park event is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 18th day of April, 2017. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Proclamations and Presentation April 18, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.D. Jay Lotthammer, Director, Accept Donation towards Arts in the Park Parks and Recreation from Envy Skin Clinic Requested Action Move to: Adopt the Resolution accepting the donation of$500 from Envy Skin Clinic to go towards the Arts in the Park event. Synopsis Arts in the Park is a day-long annual juried art fair at Purgatory Creek Park, featuring artwork for sale by local and regional artists. The event includes live music, entertainment, activities for kids, face painting, food vendors, and beer tasting through Eden Prairie Liquor. Each year, over 1,000 people enjoy the event. This year's event takes place on May 20 at Purgatory Creek Park from 9 a.m. to 4 p.m. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2017- RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City of$500.00 from Envy Skin Clinic to go towards the Arts in the Park event is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 18th day of April, 2017. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk ITEM NO.: VI.A. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,APRIL 4, 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, Ron Case and Kathy Nelson 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, Administration Intern Aurora Yager, Senior Planner Beth Novak-Krebs, Water Treatment Plant Supervisor Joe Dusek, Environmental Coordinator Leslie Stovring, Community Development Coordinator Marisa Bayer, Parks and Natural Resources Manager Matthew Bourne, Utility Operations Manager Rick Wahlen, City Attorney Ric Rosow, and Recorder Jan Curielli Workshop-Heritage Room II I. SUSTAINABLE EDEN PRAIRIE Getschow said in 2015 and 2016 the Council and staff talked about what was next after the 20- 40-15 initiative. Those discussions led to a workshop last fall to talk about all the work we are doing. There were many things going on; however, most of the work could be placed under four main umbrellas: energy, landscape, waste and water. Marisa Bayer, Community Development Coordinator, gave a PowerPoint presentation about Sustainable Eden Prairie. She said a work group has been meeting regularly over the past few months to develop the new initiative. The work group includes key staff members from different divisions who have worked to input current and future projects into the project management tool. She reviewed the mission statement for Sustainable Eden Prairie that was developed by the work group. Bayer said there is no definite end date for the new program such as there was for 20-40-15. There is a Sustainable Eden Prairie button on the main page of the City website, and material is organized under the four focus areas. A Sustainable Eden Prairie Award to recognize property improvements and enhancements and behavior changes that impact sustainability will be given in place of the previous Spirit of Eden Prairie award. The Conservation Commission had input into the new program and will help with the selection of award recipients. Nelson suggested putting the names of the focus areas under the four symbols on the website page to make it easier for those who aren't into technology. Aurora Yager, Administration Intern, reviewed features available in the Clear Point project management software chosen by the work group to organize and track the progress of City Council Workshop Minutes April 4, 2017 Page 2 Sustainable Eden Prairie. She reviewed projects and tasks included in the Energy focus area that will improve energy efficiency and promote development of clean energy usage. Nelson asked if Council Members will be getting regular reports on the program. Getschow said a list of projects will be made public, and staff will report to both the City Council and the public on those initiatives. Yager said the Partners in Energy program provides an opportunity for City staff, Commission Members, businesses, CenterPoint Energy, and Xcel Energy representatives to partner as an Energy Action Team. The Partners in Energy will be a two-year partnership with a six-month planning phase and 18 months for implementation. The partnership includes members of the community and staff who volunteer their time to attend five workshops sponsored by Xcel to determine our goals for the next few years. The partnership will identify what strategies and goals we want to put in place, determine what measures we want to establish, and determine where we want to put staff effort. Members of the Energy Action Team include residents, City commission members, local businesses, CenterPoint Energy representatives, Xcel Energy representatives and staff members. Aho asked if we will publicize the results of the program to the public at large so they can take advantage of what we learned because he thought it would be beneficial to pass on the knowledge to businesses and residents. Yager responded there will be a long engagement process as part of the Partners in Energy initiative, and that can be put on the website. The website will provide an opportunity to document what we are doing and what we have learned with a section for residents to access information. Getschow noted we will have to spend some time deciding how we will disseminate the information and share the best practices. Matt Bourne, Parks and Natural Resources Manager, reviewed projects and tasks designed to promote the use of native landscapes. He noted when this area was first discussed the name of the focus area was pollinators, but that was changed to landscape to include a broader range of topics. He gave examples of work to be done in the area of landscape such as converting mowed turf areas on City property to native habitat with pollinator-friendly plants. The various departments and facilities grouped together what they were doing and identified the areas that could be converted to native plantings so a single RFP could be put together to get a better price for the conversion process. In addition, they plan to make a conscious effort to keep areas of large park projects as native plantings rather than converting the areas back to turf. He noted seven acres will be converted this year in addition to many areas that are included in this year's large park projects. Tyra-Lukens asked what happens to the area if it is left to go to native plantings. Bourne replied that would not mean there would be no maintenance,just that it would not be as intense. Staff would continue to spot spray for some types of weeds and would mow some areas once or twice a year. Tyra-Lukens asked how such areas would be maintained next to private properties. Bourne said they would keep a five to ten-foot buffer along such property lines. Nelson asked about plans for the prairie areas outside of fire stations or other City buildings. Bourne said there will be some rain gardens constructed similar to those at the Smith-Douglas- More House. City Council Workshop Minutes April 4, 2017 Page 3 Getschow noted the list of landscape projects includes buckthorn management. Bourne said that will be done on City property, but also will occur through groups that have volunteered to remove buckthorn in several locations in the City. The City provides tools or chemicals for the groups to use and will pick up the materials removed. He noted controlling invasive species allows native species to be re-established. Butcher Wickstrom asked if the areas for buckthorn removal are distributed around the community. Bourne replied there are areas in Edenvale, Smetana and other locations. Bourne said they plan to highlight the Fire Station 2 project, where there will be opportunities for education and outreach and which will include different areas done in slightly different ways. They want to showcase what can be done with a home landscape and will have signage designating the plant materials used. Leslie Stovring, Environmental Coordinator, said there will be three different areas at Fire Station 2: an area of traditional turf in the front by the flag; an area of no-mow fescue and an area of native plantings. There will also be rain barrel cisterns to capture and reuse rainwater runoff. Stovring reviewed the projects and tasks identified to promote increased recycling and reuse of materials from the waste stream. She noted we have been seeing a slow decline in the amount of recycling in the City, and they plan to hire someone to help develop a plan to encourage recycling. There are new recycling requirements from the County and the PCA. The group is looking at a number of ways to try to increase our percentages in solid waste management. They are looking at whether to provide yard waste pickup or to provide a site to drop off yard waste. They are also looking at whether to continue the City Drop Off Day or have a pick-up day like Bloomington does. Getschow noted there seem to be more people coming to the Drop Off Day every year. Nelson commented the wait time for the drop-off is too long, and she thought it would be great to do have a Drop Off Day both spring and fall. Stovring noted it is not cheap to do the Drop Off Day. Stovring said the work group is discussing a code change regarding organics collection. The MPCA wants cities to start organized organics collection by 2020, so the group is discussing how to do organics collection as well as how to organize recycling. Tyra-Lukens noted some haulers have stopped doing organics. Stovring said one small hauler did organics collection, but they have stopped doing that. Aho asked what happens to the organic waste from the City facilities. Stovring replied it is collected and taken to an organics site. Hennepin County is encouraging efforts to get organics collections started. Getschow noted the subject of organics was a topic on City Connect that included information about an ordinance that would be required in order to have organics collection. Stovring said there will be meetings with the City Council, the haulers and the public about organics collection. Case asked if there is any city that is doing organics collection. Stovring replied some cities are starting to collect organics as it becomes more popular. Nelson asked if there will be organized recycling of yard waste, trash, recycling and organics. Stovring said the group will look at the different programs. If we decide to do organized recycling, we will have to work with the haulers and will have to divide up areas of the City City Council Workshop Minutes April 4, 2017 Page 4 among the haulers. Getschow noted one of the first tasks after the plan is approved will be to meet with the haulers. Rick Wahlen, Utility Operations Manager, reviewed the projects and tasks planned for protection and management of our groundwater and water resources. They have identified several projects, many of which mirror what we have been doing for a long time. He said the annual water loss is going down as residents use more efficient appliances and take other water-saving measures. The revised water rate structure helps with water conservation, as evidenced by the reduced amount of water used during the winter. The water conservation rebate program has been very successful. He said the Met Council asked us to partner with them on a water conservation program that was modeled on our program. A program is now available to communities throughout the metropolitan area for grants to be used to offset the cost of water saving efforts. Staff has submitted an application for a$75,000 grant from that program. Fire Station 2 seemed to be a good place to use the Met Council grant to develop a rainwater savings program. Runoff from the roof could be used for such tasks as washing fire trucks. He noted we need to do more work to get the word out about the water irrigation rebate program because there have not been many people who have taken advantage of that rebate. Getschow commented the landscape focus area was one that we probably would not have been talking about five years ago. We will be working on the four focus areas, so there will be something for everyone in the initiative. We will use the newsletter and website to put out news about the programs. Butcher Wickstrom asked about recycling architecture materials. Bourne said that area is included as part of the Sustainable Eden Prairie Award. Nelson commented we need to encourage people to do projects such as redoing their decks with recycled materials. We should provide education on the benefits of recycled materials. Tyra-Lukens asked about the Wellhead Protection Program map. Wahlen said the red areas on the map are areas of high risk for ground water contamination, and the brown areas are areas of moderate risk. Nelson noted something like this was done 20 years ago for the Planning Commission, and she believed this is something that should be considered by the Planning Department and the Planning Commission when projects are reviewed. Wahlen said they have looked at areas where private wells are located and plan to continue to educate people about the need to cap the wells. Case said he would like to see the City get involved in partnering on solar gardens because there is a lot going on in that area. Getschow said we probably do not need to wait for 18 months to do that because solar is a big topic now. Case noted it sounds like the industry may be on the verge of solving the battery problems, and some cities are going off the grid. He would like us to look at what other cities are doing and to find sites in the City for wind and solar power. Getschow noted the group also talked about geothermal at their last meeting. Tyra-Lukens hoped we will be constantly thinking about what can be translated into something homeowners can do as we publicize the initiative. Open Podium - Council Chamber City Council Workshop Minutes April 4, 2017 Page 5 III. OPEN PODIUM Jim Bracke, Director of the Friends of Red Rock Lake,presented a letter of appreciation to the City for efforts made towards their mutual goal of protecting and restoring Red Rock Lake. The letter listed the following efforts: the sponsorship of plant management study; commitment to mechanically remove excess aquatic vegetation; operation of an inspection and public awareness program to combat aquatic invasive species; measurement and monitoring of specific conditions of the lake and its waste; and coordination with activities of the Riley Purgatory Bluff Creek Watershed District and other agencies. IV. ADJOURNMENT ITEM NO.: VI.B. APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, APRIL 4, 2017 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Ron Case, and Kathy Nelson CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Ric Rosow, and Council Recorder Jan Curielli I. CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:00 PM. All Council Members were present. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. DONATION FROM FLYING CLOUD ANIMAL HOSPITAL FOR ANIMAL OPEN HOUSE (Resolution 2017-39) Lotthammer said the City received a donation of$200 from the Flying Cloud Animal Hospital towards the Animal Open House held at the Staring Lake Outdoor Center. MOTION: Case moved, seconded by Nelson, to adopt Resolution 2017-39 accepting the donation of$200 from the Flying Cloud Animal Hospital towards the Animal Open House. Motion carried 5-0. B. DONATION FROM FRIENDS OF EDEN PRAIRIE LIBRARY FOR SPECIAL EVENTS (Resolution 2017-40) Lotthammer said the Friends of the Eden Prairie Library have donated$200 to be used for the Arts in the Park, Animal Open House and Fall Harvest events. MOTION: Nelson moved, seconded by Aho, to adopt Resolution 2017-40 CITY COUNCIL MINUTES April 4, 2017 Page 2 accepting the donation of$200 from the Friends of the Eden Prairie Library towards three special events. Motion carried 5-0. C. ARBOR DAY PROCLAMATION Mayor Tyra-Lukens read a proclamation proclaiming May 6, 2017, as Arbor Day in the City of Eden Prairie. D. EP GIVES WEEK PROCLAMATION Mayor Tyra-Lukens read a proclamation proclaiming April 23-29, 2017, as "EP Gives Week." Mark Weber, representing the Eden Prairie Foundation, accepted the proclamation and said"EP Gives Week" is meant to inspire volunteerism in the community. The proclamation recognizes the work of nonprofits, service clubs, community-minded organizations and individuals whose spirit of philanthropy, charitable giving and volunteerism make Eden Prairie a great place to live, work and play. A Volunteer Fair will be held on Thursday, April 27, in the Education Center at Eden Prairie City Hall. The fair will provide opportunities to the public to learn more about volunteer opportunities in Eden Prairie. The annual Eden Prairie Foundation fundraiser will be held on April 29, 2017, from 6:00 to 11:30 p.m. at the Oak Ridge Conference Center. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Getschow added Item VIII.J. to the Consent Calendar. MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MARCH 21, 2017 MOTION: Aho moved, seconded by Nelson, to approve the minutes of the City Council workshop held Tuesday, March 21, 2017. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 21, 2017 MOTION: Case moved, seconded by Butcher Wickstrom, to approve the minutes of the City Council meeting held Tuesday, March 21, 2017. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR CITY COUNCIL MINUTES April 4, 2017 Page 3 A. CLERK'S LICENSE LIST B. APPROVE PURCHASE OF MOBILE LICENSE PLATE READERS C. APPROVE PURCHASE AND IMPLEMENTATION OF DISK TO DISK BACKUP FROM WORKS COMPUTING D. APPROVE 2016 UNBUDGETED FUND TRANSFERS E. AWARD CONTRACT FOR CRACK SEALING PROJECT TO AMERICAN PAVEMENT SOLUTIONS F. AWARD CONTRACT FOR STRIPING TO WARNING LITES OF MINNESOTA, INC G. APPROVE PURCHASE OF TRIMBLE GIS LOCATING EQUIPMENT H. DECLARE SURPLUS PROPERTY I. ADOPT RESOLUTION NO. 2017-41 APPROVING PARTNERSHIP AGREEMENT WITH MNDOT FOR COST PARTICIPATION OF TRAFFIC SIGNAL RECONSTRUCTION J. APPROVE SETTLEMENT AND RELEASE AGREEMENT BETWEEN RJM CONSTRUCTION AND THE CITY OF EDEN PRAIRIE MOTION: Butcher Wickstrom moved, seconded by Case, to approve Items A-J on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS A. ORDER IMPROVEMENTS AND PREPARATION OF PLANS AND SPECIFICATIONS FOR EDEN PRAIRIE ROAD EXTENSION TO FLYING CLOUD DRIVE STREET AND UTILITY IMPROVEMENTS (Resolution No. 2017-42) Getschow said this is a project that has been discussed the last several years. The City Council authorized a feasibility study for street and utility improvements to the southerly section of Eden Prairie Road on June 18, 2013. Subsequently, the City Council authorized a feasibility study on June 16, 2015 to review options to serve the Lion's Tap and adjacent property with city sanitary sewer and water service, based on a petition. The Lion's Tap Utility Options feasibility report was received by the City Council on February 14, 2017. At that meeting, the City Council directed staff to incorporate the recommended utility improvements into the Eden Prairie Road Extension to Flying Cloud Drive feasibility report. Because 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 CITY COUNCIL MINUTES April 4, 2017 Page 4 vote. He noted many neighborhood meetings have been held to discuss the project. Rod Rue, City Engineer, reviewed the scope and details of the project. He said this area of Eden Prairie has been under study for improvements since 2001. The northerly portion of the Eden Prairie Road project(south of Riley Creek)was completed in 2015, and the project costs were levied to the benefitting properties in October 2015. He said the Council discussed the Lions Tap site at the meeting two weeks ago, and tonight is the portion of the feasibility study for Eden Prairie Road improvements. He presented a map of the proposed improvement and assessment area that showed the proposed realignment of Eden Prairie Road and the MUSA line. He noted Lions Tap is outside the MUSA line but was approved in 2014 to receive City sewer and water services. He reviewed the proposed realignment of the road and noted there will be a trail on the east side of Eden Prairie Road. As part of the project, the City purchased Outlot B which could become some type of amenity. He reviewed the proposed assessment area for the street and storm drainage improvements. He said the sewer and water improvements will be made along the existing roadway down to the Lions Tap property. A lift station will be located near Lions Tap. Rue said the City's portion of the sewer and water improvements will be financed primarily by means of City bonds, with the exception of the Lions Tap property which will be assessed for the sewer line extending easterly from the lift station and for half the cost of the lift station. There is some development potential for the sites, and there will be a City connection fee at the time any of the sites are developed and connect to sewer and water. Rue said the total cost of the project is $4,485,300, 22% of which would be covered by assessments and connection fees. He reviewed the schedule for the project, noting the project should be substantially completed by November, 2018, with final completion by July, 2019, if Hennepin County's Flying Cloud Drive project remains on schedule. The final assessment hearing would be held in October, 2019. Nelson asked if people who live along the road would be able to connect to the sewer line. Rue said properties that are within the MUSA line can easily connect,but properties outside the MUSA line would have to go through a process to get approval from the Met Council and the City Council. Nelson then asked if people will not be assessed until they connect or sell the property. Rue replied all the properties would be assessed for sewer and water as they connect, but the street and storm drainage improvements would be assessed at the hearings to be held in 2018. Nelson asked if that means no one would be hit by the total assessment at once. Rue said that was correct. He reviewed a spreadsheet of the preliminary assessment rolls for the project. Case asked about the number of potential units for Parcels 40 and 41. Rue said, with the exception of the easterly piece, those properties are outside the MUSA line, so most of the units would have to be approved for sewer and water by the Met Council. Case asked if the situation would be that the sewer and water assessment would occur as the property develops if the MUSA line were to be changed, but the CITY COUNCIL MINUTES April 4, 2017 Page 5 street and drainage assessment would have already been included. Rue responded a sewer and water stub was placed off Flying Cloud Drive so access is available; however, there were no street or drainage assessments for Parcels 40 and 41 because they don't have access to Eden Prairie Road. Case asked about the two buildable units on Parcel 35. Rue replied that number is based on potential of two buildable units on the flat area near the top of the property. Case asked why we are assessing $16,640 for Parcel 36. Ellis replied this lot has historically been challenged because no sewer and water was available and the 14% grade on the existing road meant this would be an unsafe lot for a house. The property now has the potential for development because the realigned and improved road decreases the curve and the grade. The Met Council and the City Council would have to approve that property for sewer and water before it could be developed. Staff wanted to leave it on the rolls and see what happens in the next two years. Case asked if they could build one house there. Ellis responded the Met Council would have to grant approval. Case said it feels uncomfortable to do assessing for an unbuildable lot with the current configuration of the MUSA line. Ellis noted we are not doing the assessing tonight. Case asked why we are putting a plan in place to assess an unbuildable lot rather than assessing it when it becomes buildable. Rosow said if the property were not included in this stage, it could not be added in the future. This is the preliminary stage, and these are proposed assessments. The parcel could be excluded at a later date but could not be added in. The property could be assessed if the circumstances change so it can be developed, or the property could be pulled from the rolls two years from now when the assessment occurs if changes have not been made. Rue noted the street and storm drainage assessment could be deferred with interest since this is a vacant parcel. Dean Edstrom, 10133 Eden Prairie Road, said he has lived on his property for many years and wants the road to stay where it is. He was perfectly happy with the road as it is because the condition and alignment of the roadway keeps the traffic down. He was concerned about overall development on the bluffs. The development of homes north on Eden Prairie Road is causing increased traffic on the road as more people use the road who don't reside in the immediate neighborhood. Extending Eden Prairie Road to the west makes it an enticing shortcut and would create a great deal more traffic. Adam Buenz, 10100 Eden Prairie Road, said Eden Prairie should assume some of the cost of the assessment for his property. His is the primary parcel where the land acquisition will come from, and the road will be aligned close to his home. Tyra- Lukens asked if the assessment was 25% of the cost of the property. Mr. Buenz replied it was about 1/5 of the cost. Tyra-Lukens asked staff to address Mr. Buenz' point about the new road moving closer to the house. Rue said there is a very sharp curve and steep grade in that area of the road. The realignment flattens the grade to 10% and makes the curve a 30 MPH road in order to build the road to CSAH CITY COUNCIL MINUTES April 4, 2017 Page 6 standards. He said it may be possible to sharpen the curve somewhat, and there will be some right-of-way purchasing to make the realignment happen. Tyra-Lukens asked if there could be retaining walls built so the road didn't have be graded into the property. Aho said Mr. Edstrom brought up a good point regarding assessments, in that the residents are not asking for the improvements and the improvements are a result of development that has taken place in the area. He asked if there is any standard that allows us to assess a greater area than just the adjacent properties. Ellis replied we are applying much the same methodology as was used in Phase 1 of the Eden Prairie Road improvements. It is a philosophy that has been used as the City has grown. The first 600 feet of improvements to Eden Prairie Road will be assessed to the properties, and the City will cover the rest. That would be very consistent with Phase 1 of the Eden Prairie Road improvements and other roadways in the City. Aho asked if a property owner who has a house on one lot and owns two undeveloped lots would not see the assessments until they were developed. Ellis said the homesteaded parcel would be assessed for one street and storm drainage assessment, but the assessment on the other two lots would be deferred until they were developed. Case was concerned that changing in mid-course would be unfair for everyone involved in past assessments and would set a different precedent. Michelle Wolter said she owns Parcel 27. She did not think it was fair that she paid for Phase 1 of the road construction and now she is being assessed again. Tyra- Lukens asked why one unit is being assessed for improvements that were already assessed as part of the first phase. Rue said this parcel was discussed at the Phase 1 hearing, and about 2/3 of the property frontage was included in Phase 1 of the improvements. At that time, it was one parcel, and they were assessed for one unit and deferred for one. Since that time the lot has been split, and the top part of the lot became a buildable lot. Since the parcel has been assessed for Phase 1 improvements, the assessment for the street and drainage improvements is deferred until the other lot is developed. Perry Ryan, 10197 Eden Prairie Road, said he sympathized with some of the comments made by the other property owners; however, he was generally in favor of the project and thought City staff did a good job. MOTION: Case moved, seconded by Butcher Wickstrom, to close the public hearing and to adopt Resolution No. 2017-42 ordering improvements and preparation of plans and specifications for Eden Prairie Road Extension to Flying Cloud Drive Street and Utility Improvements. Motion carried 5-0. X. PAYMENT OF CLAIMS CITY COUNCIL MINUTES April 4, 2017 Page 7 MOTION: Butcher Wickstrom moved, seconded by Nelson, to approve the payment of claims as submitted. Motion was approved on a roll call vote,with Aho,Butcher Wickstrom, Case,Nelson and Tyra-Lukens voting "aye." XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Mayor's Water Challenge (Resolution No. 2017-43) Tyra-Lukens said Eden Prairie has participated in the Mayor's Water Challenge for the past six years. The purpose of the challenge is to increase residents' awareness of conserving water and energy and to have a more sustainable community. We have won an award for our participation every year, and we hope to do so again. The challenge continues throughout the month of April, and residents can learn more on the City website. Getschow said there is a button on the website that links to mywaterpledge.com. MOTION: Nelson moved, seconded by Butcher Wickstrom, to adopt Resolution No. 2017-43 supporting the Mayor's Challenge for Water Conservation. Motion carried 5-0. B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS Nelson said she would like to determine what we must do to petition for the extension of the MUSA line because she would like to begin the first steps of that process. Case said he would be very cautious of moving the line in the area along the bluffs; however, there may be other CITY COUNCIL MINUTES April 4, 2017 Page 8 areas we can carve out.Nelson said we may need to have a conservation area for the bluffs,but she would like a report on the whole topic, including the options available to us. Getschow said staff could do that. He noted the MUSA line is a line drawn for sewer and water that is independent of concerns about the bluffs or other issues; however,we have many mechanisms in place that can be used to protect bluffs and slopes. XVI. ADJOURNMENT MOTION: Butcher Wickstrom moved, seconded by Case,to adjourn the meeting. Motion carried 5-0.Mayor Tyra-Lukens adjourned the meeting at 8:10 p.m. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 18, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.A. Christy Weigel, Clerk's License Application List Police/ Support Unit These licenses have been approved by the department heads responsible for the licensed activity. Requested Action Motion: Approve the licenses listed below 2017 Renewal Licenses Private Kennel Kathy Meyer - 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda April 18, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VI.B. Community Development/Planning Rockwill Addition Janet Jeremiah/Beth Novak-Krebs Requested Action Move to: • Approve the Development Agreement for Rockwill Addition. Synopsis This is final approval of the Development Agreement for the subdivision of a 1.06 acre property into two lots. One lot is being created for a new single family home and the other for the existing single family home. Background The 120-Day Review Period expires on May 29, 2017. Attachments • Development Agreement DEVELOPMENT AGREEMENT Rockwill Addition THIS DEVELOPMENT AGREEMENT("Agreement")is entered into as of , 2017, by B Cubed, LLC, a Minnesota Limited Liability Company, hereinafter referred to as "Developer," its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City": WITNESSETH: WHEREAS,Developer has applied to the City for a Preliminary Plat of 1.06 acres into two lots, legally described on Exhibit A(the "Property"); NOW,THEREFORE,in consideration of the City adopting Resolution No. for Preliminary Plat, Developer agrees to construct, develop and maintain the Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials revised and stamp dated February 6,2017,reviewed and approved by the City Council on_April 18, 2017_, (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 1 Development Agreement—Rockwill Addition 4-11-17 3. PLANS FOR INDIVIDUAL HOME CONSTRUCTION: Prior to building permit issuance for each residential structure on each parcel of the Property,a Certificate of Survey for such parcel shall be submitted for review and written approval by the Building Department. The Certificate of Survey shall include a certification by the builder that construction of the residence is consistent with this Agreement and all exhibits attached hereto, and shall further contain the following information: A. Topography with 2 foot contour intervals for existing and proposed grades. B. Location of structures with finished floor elevations. C. Retaining walls, type, height, and type of details. D. Location of sewer, water, gas and electric lines. E. Method of erosion control. F. Detailed grading plans. G. No construction or grading within any conservancy easement area. I. Engineered design for footing, foundation, and retaining walls. 4. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement,City shall give 24 hour notice of such violation in order to allow a cure of such violation, provided however, City need not issue a building or occupancy permit for construction or occupancy on the Land while such a violation is continuing,unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 5. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release,defend and indemnify City,its elected and appointed officials,employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants,contractors,subcontractors,suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection, review or approval by City. 6. FINAL PLAT: The final plat of the Property shall be recorded with the Hennepin County Recorder or Registrar of Titles,as applicable within 90 days of approval by the City Council or within 2 years of approval of the Preliminary Plat,whichever occurs first. If the final plat is not filed within the specified time,the City Council may,upon ten days written notice,to the Developer, consider a resolution revoking the approval. 2 Development Agreement—Rockwill Addition 4-11-17 7. GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in the Plans is conceptual. Prior to the release of a land alteration permit for the Property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all wetland information, including wetland boundaries,wetland buffer strips and wetland buffer monument locations;all Stormwater Facilities, such as water quality ponding areas, stormwater detention areas, and stormwater infiltration systems; and any other items required by the application for and release of a land alteration permit. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. 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 3 Development Agreement—Rockwill Addition 4-11-17 sediment are not occurring,and thereafter by the Owner of the Property.Planting and Maintenance Plans for the Stormwater Facilities (where appropriate)to ensure that the Stormwater Facilities continue to function as designed in perpetuity must be submitted prior to release of the first building permit for the Development Developer shall employ the design professional who prepared the final grading plan to monitor construction of the Stormwater Facilities for conformance to the Minnesota Pollution Control Agency publication entitled"State of Minnesota Storm Water Manual" dated November 2005, the approved final grading plan and the requirements listed herein. All inspections of underground systems shall be performed by personnel that have approved OSHA confined space training. Maintenance techniques must be used during construction to protect the infiltration capacity of all Stormwater Infiltration Systems by limiting soil compaction to the greatest extent possible. This must include delineation of the proposed infiltration system with erosion control fencing prior to construction; installation of the infiltration system using low-impact earth moving equipment; and not allowing equipment,vehicles, supplies or other materials to be stored or allowed in the areas designated for stormwater infiltration during construction. In areas of structural infiltration Developer shall prior to construction of the infiltration system provide a plan that addresses: (i) construction management practices to assure the infiltration system will be functional; (ii), erosion control measures; (iii) infiltration capacity; (iv) performance specifications that the completed infiltration system must meet to be considered functional by City and(v) corrective actions that will be taken if the infiltration system does not meet the performance specification. All Stormwater Infiltration Systems must be inspected prior to final grading to ensure that the area is infiltrating as proposed and to determine if corrective measures are required to allow infiltration as proposed. Field verification of post-construction infiltration rates must be provided to the City within 30 days after the first rainfall event of inch or greater after the Stormwater Infiltration Systems become operational. If infiltration rates are reduced a plan to restore adequate infiltration must be provided within 90-days of the field verification test. The work required to bring the Stormwater Infiltration System back into compliance be implemented within 60 days of City approval of the plan. Pervious surfaces shall be stabilized with seed and mulch or sod and all impervious surfaces must be completed prior to final grading and planting of the Stormwater Infiltration Systems. 4 Development Agreement—Rockwill Addition 4-11-17 Stormwater Infiltration Systems that are constructed under a building shall be designed for maintenance access and installed in conformance with the standards outlined in The Minnesota Stormwater Manual (November 2005) and/or the Plans. The System shall be kept off-line until construction is complete. Field verification of post-construction infiltration rates must be provided to the City within 30 days after the first rainfall event of one-half inch or greater following the Storm Water Infiltration Systems becoming operational. If the infiltration rates are reduced by construction,a plan to restore adequate infiltration must be provided within 90-days of the field test C. STORMWATER FACILITY INSPECTION AND MAINTENANCE: A Stormwater Maintenance Plan must be provided for operation and maintenance of all Stormwater Facilities to ensure they continue to function as designed in perpetuity prior to issuance of the Land Alteration Permit. The Stormwater Maintenance Plan must identify and protect the design, capacity and functionality of all Stormwater Facilities. The Maintenance Plan must contain at a minimum: the party(s) responsible for maintenance; access plans; inspection frequency; methods used for field verification of infiltration for Stormwater Infiltration Systems;routine and non- routine inspection procedures; sweeping frequency for all parking and road surfaces; plans for restoration of reduced infiltration for Stormwater Infiltration Systems;and plans for replacement of failed systems,all pursuant to and in accordance with Eden Prairie City Code Section 11.55, Subd. 8. During construction and for two years following completion of construction, all Stormwater Facilities shall be inspected at a minimum of once annually to determine if the Stormwater Facility(s) is treating stormwater as designed and should occur within 72-hours after a rainfall event of one-inch or greater to verify infiltration. All Stormwater Facilities shall be kept free of debris,litter,invasive plants and sediment. Erosion impairing the function or integrity of the Stormwater Facilities,if any,must be corrected and any structural damage impairing or threatening to impair the function of the Stormwater Facilities must be repaired. The following criteria must be included in the inspection: • A storage treatment basin(including retention and detention basins)shall be considered inadequate if sediment has decreased the wet storage volume by 50 percent or dry storage volume by 25 percent of its original design volume. • A Stormwater Infiltration System shall be considered inadequate if sediment has accumulated that impairs or has the potential to impair infiltration of stormwater. • An underground storage chamber shall be considered inadequate if sediment has decreased the storage volume by 50 percent of its original design volume. 5 Development Agreement—Rockwill Addition 4-11-17 Based on this inspection,if a Stormwater Facility requires cleanout,the Stormwater Facility shall be restored to its original design and/or the infiltration capacity of the underlying soils must be restored and any surface disturbance must be stabilized within one year of the inspection date. Sediment, debris, litter or vegetation removal in Stormwater Infiltration Systems shall be by hand or with a flat-bottomed shovel or rake during dry periods. Only enough sediment shall be removed as needed to restore hydraulic capacity,leaving as much of the vegetation in place as possible. Any damaged turf or vegetation shall be reseeded or replaced. After the two year period of maintenance,the Owner of the Property shall continue to be responsible for maintenance of the Stormwater Facilities. This shall include inspections at a minimum of once per every five years. Regular maintenance shall be conducted and must include regular sweeping of private streets,parking lots or drive aisles at a minimum of once per year; debris and litter removal;removal of noxious and invasive plants;removal of dead and diseased plants; maintenance of approved vegetation; re-mulching of void areas; replanting or reseeding areas where dead or diseased plants were removed;and removal of sediment build-up. Sediment build-up in above-ground Stormwater Infiltration or Filtration Systems shall to the extent practical be removed by hand. For any situations in which hand removal is not practical, Developer shall identify in the Stormwater Maintenance Plan procedures that will be implemented to protect functionality of the Stormwater Infiltration Systems. 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. 8. INTERIOR NOISE MITIGATION PLAN: Prior to issuance of each residential building permit for the Property,Developer shall submit to the City Building Official,and obtain the City Building Official's written approval of plans that establish that each residence is designed to meet the structural performance standards for residential interior sound levels, depicted in the Metropolitan Council's Transportation Policy Plan,Appendix M: Land Use Compatibility Guidelines for Aircraft Noise,November 2010. 6 Development Agreement—Rockwill Addition 4-11-17 9. OTHER AGENCY APPROVALS: The Developer shall be responsible for submitting to the City Planner,copies of all necessary approvals issued by other agencies for the project.Timing of These submittals are stipulated required prior to issuance by the City by the City of the corresponding City permit(s) . The agencies issuing such approvals include,but are not necessarily limited to,the following: the Minnesota Pollution Control Agency, Metro Waste Control Commission, Riley Purgatory Bluff Creek Watershed District. The City Planner may determine that conditions of approval required by the Riley Purgatory Bluff Creek Watershed District require changes to the City approvals which may entail additional City review, including public hearing(s) for recommendation by the Planning Commission and approval the City Council Developer consents to such additional review as determined by the City Planner. 10. 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. 11. 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. 12. SPECIAL ASSESSMENT AGREEMENT AND CONNECTION FEES: Prior to the release of the final plat for the Property,an assessment agreement,in the form and substance as attached in Exhibit D, shall be signed by the owner(s) of the Property with the City for trunk sewer and water assessments on an assessable area of 0.51 acres in the amount of $4,157.63. Prior to release of a final plat for any portion of the Property,Developer shall pay connection fees for sanitary sewer and water mains in the total amount of$7,400. Prior to the release of the final plat for the Property,the deferred assessments, filed with the Office of the Hennepin County Recorder on January 30, 1992 as Document Number 5871460, in the amount of$13,846.99 on the Property shall be paid in full. 7 Development Agreement—Rockwill Addition 4-11-17 13. TREE LOSS - TREE REPLACEMENT: There are 989 diameter inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 40 diameter inches. The removal of significant trees is less than 10%; therefore, Tree Replacement is not required. If grading on the site results in loss of greater than 10%of the significant trees, the Developer shall provide tree replacement on a caliper inch by caliper inch basis for such excess loss. The replacement trees if required shall include replacement trees of a 2.5-inch diameter minimum size for a shade tree and a 6-foot minimum height for conifer trees. If replacement trees are necessary as set forth above Developer shall furnish to the City Planner and receive the City Planner's approval of a tree replacement bond equal to 150%of the cost of said improvements as required by City Code and shall complete implementation of the tree replacement prior to occupancy permit issuance. 14. UTILITY EASEMENTS: Prior to the release of the final plat for the Property,Developer shall convey drainage and utility easements to the City in the locations depicted on the Plans. 8 Development Agreement—Rockwill Addition 4-11-17 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 9 Development Agreement—Rockwill Addition 4-11-17 B Cubed, LLC By Its STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2017,by , the , of , a , on behalf of the company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 10 Development Agreement—Rockwill Addition 4-11-17 EXHIBIT A DEVELOPMENT AGREEMENT - ROCKWILL ADDITION Legal Description Before Final Plat A tract of land in the Northeast'/4 of the Southwest'/a,Section 21,Township 116,North,Range 22 West of the 5th Principal Meridian,Hennepin County,Minnesota,described as follows: Commencing at a point 1013.76 feet West of the Northeast corner of the Southwest'/4;and thence South 00 degrees 10 minutes East a distance of 723.0 feet; thence North 88 degrees 00 minutes East a distance of 30.0 feet to the actual point of beginning;thence South 0 degrees 10 minutes East along the center line of road,a distance of 302.95 feet;thence South 89 degrees 35 minutes East along the center of a road,a distance of 195.0 feet;thence North 00 degrees 10 minutes West a distance of 310.3 feet;thence South 88 degrees 00 minutes West a distance of 195.0 feet to the actual point of beginning. Excepting therefrom the West 30 feet and the South 30 feet for public road use. Legal Description After Final Plat Lots 1 and 2, Block 1, Rockwill Addition 11 Development Agreement—Rockwill Addition 4-11-17 EXHIBIT B DEVELOPMENT AGREEMENT — ROCKWILL ADDITION Exhibit B Plans Preliminary Plat dated 1-26-17 and date stamped 2-6-17 by Carlson&Carlson, Inc. 12 Development Agreement—Rockwill Addition 4-11-17 EXHIBIT C DEVELOPMENT AGREEMENT - ROCKWILL ADDITION I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan(1"=100'scale) showing existing and proposed contours,proposed streets,and lot arrangements and size,minimum floor elevations on each lot,preliminary alignment and grades for sanitary sewer,water main,and storm sewer, 100- year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots,location of walks,trails,and any property deeded to the City. II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. III. Developer shall pay cash park fees as to all of the Property required by City Code in effect as of the date of the issuance of each building permit for construction on the Property. IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof,Developer,for itself,its successors,and assigns,shall not oppose the City's reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. V. Provisions of this Agreement shall be binding upon and enforceable against the Property and the Owners, their successors and assigns of the Property. VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VII. Developer represents that it has marketable fee title to the Property, except: INSERT ANY NAME/COMPANY LISTED IN ANY OWNER'S SUPPLEMENT TO THE DEVELOPER'S AGREEMENT) With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: 13 Development Agreement—Rockwill Addition 4-11-17 A. That Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances. Prior to final plat approval,Developer shall provide to the City a current title insurance policy insuring such a condition of title. B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property,any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601,et. seq.,or Minn. Stat., Sec. 115B.01,et. seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of,place or otherwise have,in or on the Property,any Hazardous Substances. D. That no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss,costs,damage and expense,including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been,used, employed, deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning,and Chapter 12, Subdivision Regulations,of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. IX. Prior to release of the final plat,Developer shall pay to City fees for the first three(3)years' street lighting on the public streets adjacent to the Property(including installation costs, if any, as determined by electrical power provider), engineering review, and street signs. X. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. XI. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, 14 Development Agreement—Rockwill Addition 4-11-17 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. 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 15 Development Agreement—Rockwill Addition 4-11-17 the Development Agreement at the County Recorder and/or Registrar of Titles. The final plat shall not be released until proof of filing of the Development Agreement is submitted to the City. XX. The City is hereby granted the option, but not the obligation, to complete or cause completion in whole or part of all of the Developer's obligations under this Agreement for which a bond, letter of credit, cash deposit or other security(hereinafter referred to as the "Security")is required if the Developer defaults with respect to any term or condition in this Agreement for which Security is required and fails to cure such default(s) within ten(10) days after receipt of written notice thereof from the City;provided however if the nature of the cure is such that it is not possible to complete the cure within ten(10) days, it shall be sufficient if the Developer has initiated and is diligently pursuing such cure.The Developer acknowledges that the City does not assume any obligations or duties of the Developer with respect to any such contract agreements unless the City shall agree in writing to do so. The City may draw down on or make a claim against the Security,as appropriate,upon five (5)business days notice to the Developer,for any violation of the terms of this Agreement or if the Security is allowed to lapse prior to the end of the required term. If the obligations for which Security is required are not completed at least thirty(30)days prior to the expiration of the Security and if the Security has not then been renewed,replaced or otherwise extended beyond the expiration date, the City may also draw down or make a claim against the Security as appropriate. If the Security is drawn down on or a claim is made against the Security, the proceeds shall be used to cure the default(s) and to reimburse the City for all costs and expenses, including attorneys' fee, incurred by the City in enforcing this Agreement. XXI. The Developer hereby grants the City, it's agents, employees, officers and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with this Agreement. XXII. This Agreement is a contract agreement between the City and the Developer. No provision of this Agreement inures to the benefit of any third person,including the public at large,so as to constitute any such person as a third-party beneficiary of the Agreement or of any one or more of the terms hereof,or otherwise give rise to any cause of action for any person not a party hereto. XXIII. Except as specifically authorized by the Director of Public Works,no permit shall be issued for the Property until the Developer has recorded the final plat with Hennepin County Recorder's Office/Registrar of Titles' Office. 16 Development Agreement—Rockwill Addition 4-11-17 EXHIBIT D DEVELOPMENT AGREEMENT - ROCKWILL ADDITION AGREEMENT REGARDING SPECIAL ASSESSMENTS THIS IS AN AGREEMENT MADE THIS day of ,2017,between the City of Eden Prairie, a municipal corporation, (the "City") and a Minnesota (the "Owner"). A. The Owner holds legal and equitable title to property described as , Hennepin County, Minnesota, which property is the subject of this Agreement and is hereinafter referred to as the "Property". B. The Owner desires to develop the property in such a manner that relies upon the City's trunk utility system, including trunk sanitary sewers, trunk watermains, wells, elevated storage facilities and a water treatment plant(all of which is hereafter referred to as the "Improvement"). C. The parties hereto desire to enter into an Agreement concerning the financing of the construction of the Improvements all of which will inure to the benefit of the Property. AGREEMENTS IT IS HEREBY AGREED as follows: 1. The Owner consents to the levying of assessments against the Property in the amount of $4,157.63 for the Improvements. 2. The City's assessment records for the Property will show the assessments as a"pending assessment"until levied. 3. The Owner waives notice of any assessment hearing to be held at which hearing or hearings the assessment is to be considered by the City Council and thereafter approved and levied. 4. The Owner concurs that the benefit to the Property by virtue of the Improvements to be constructed exceeds the amount of the assessment to be levied against the Property. The Owner waives all rights it has by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of the assessments, or the procedures used by the City in apportioning the assessments and hereby releases the City,its officers,agents and employees from any and all liability related to or arising out of 17 Development Agreement—Rockwill Addition 4-11-17 the imposition or levying of the assessments. 5. This Agreement shall be effective immediately. 6. This Agreement may not be terminated or amended except in writing executed by both parties hereto,provided however upon the levying of the special assessments contemplated by Paragraph 1 hereof the City may upon request of the owner of the property affected,without the necessity of further City Council approval,unilaterally prepare and provide to the owner for recording a document releasing any property so levied from this Agreement. 7. This Agreement constitutes a lien on the Property in the amount of$4,157.63 until such time as the assessments referred to above are levied. OWNER CITY OF EDEN PRAIRIE 18 Development Agreement—Rockwill Addition 4-11-17 A Minnesota A Minnesota Municipal Corporation By: NOT TO BE SIGNED By: NOT TO BE SIGNED Nancy Tyra-Lukens Its Mayor By: NOT TO BE SIGNED Rick Getschow, Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2017, by Nancy Tyra-Lukens,the Mayor,and Rick Getschow,the City Manager,of the City of Eden Prairie,a Minnesota municipal corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2017,by the , a Minnesota , on behalf of the . Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 19 Development Agreement—Rockwill Addition 4-11-17 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda April 18, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.C. Community Development/Planning Cedarcrest Stables Janet Jeremiah/Beth Novak-Krebs Requested Action Move to: • Approve 2nd 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; • Adopt a revised resolution for a Preliminary Plat for one lot into 17 lots and one outlot • Approve the Development Agreement for Cedarcrest Stables. Synopsis This is the final approval of the Development Agreement for the subdivision of 10.65 acres into 17 single family lots. Background The applicant has made a slight revision to the preliminary plat since the 1st reading. The encroachment involves the owner of an adjacent lot(Lot 5, Block 1, Enclave 2nd Addition)using a concrete pad in the northeast corner of the subject property as a fire pit. The developer has been working with the adjacent owner to determine a course of action to resolve the issue in a way that allows the adjacent owner to continue to use the fire pit. The developer's proposal includes creating and selling a small outlot containing the concrete pad to the owner of the adjacent lot and combining the Lot 5, Block 1 Enclave 2nd Addition and the outlot to create one lot. Although this results in a modification to the plat that was approved at 1st reading, it is a prudent solution. Proposed Lot 4, Block 1 still meets the minimum lot standards, while allowing continued use of the fire pit area. To ensure that Lot 5, Block 1, Enclave 2nd Addition and Outlot A are combined, the Development Agreement requires a Minor Subdivision application to be submitted simultaneously with the final plat for Cedarcrest Stables. A revised resolution approving the preliminary plat with the Outlot is attached for your consideration. — Proposed Outlot - • - ,' U_ +1-2,200 sf �'. I Encroachment L L �r � I! r 1 _ �y / ,I!'� �' ./ I 6 rrh:.• �� ,t 1 iP) '.1 1. aim;-4 ',� 1j ,� J'3�f+ i AV-:: i- aw.ae•a,o. a1VTW'�961.a + ll . • f+ / :N=A75.o .. _ — — ——-- — - •.ram—wa IF• I of J —cr�karr a -s - f . cr �- . 1 g_ Lots � � ^ 0 � �'• Enclave 2""Add. : f ; / /�'% //� Lot 5 1 yr 1 w r !f Enclave 2'd Add 1 ��\ r44 ‘� �iev'�� ./ ' Fit r��; � J ;} y ,�• / -` ----—'A 7-74Zire Q / ) ,i . at .i. CIir, If ! pie i.,' ��,,�11 05. L':: " ' \ fill :3 k,111.`"2 • - , �a t r ,a r :. k tna ` ,.. iI, it m Mm 1 ";� • @,., -.7M- \n 1 I fr+I S ��� 4 r 1 on ,, i, i. 4 ,...T.f)12 1 . y'`~rr caNTROL c El___/-am ' 0. ...... \ `\ 1 1—-- _ tt` ti-, . ti - All. 1's — NROTEGtiSN (TY.) - - _ t ------ The 120-Day Review Period expires on April 19, 2017. Attachments 1. Revised Preliminary Plat drawing 2. Ordinance for PUD District Review &Zoning Change 3. Revised Resolution for Preliminary Plat 4. Development Agreement o 2016 Westwood Professional Services, Inc. Call 48 Hours before di m 99 9= 811 or cd1811.com Common Ground Alliance — T \ / \ \ / / \ / ( -r1-f- —L ---_ _ 1 / / \ I \\ \\ // \\ \/ / \ \ \ / Ill lir — I I zz / �� \ I \ \ '� \ /\ / — — \ Iil II III ill I Ii ' �— �* _`�� \ I \ / \ \\ // // I I III I I I / z \;�EXG.8'BIT.TRAIL\ i • II \ I \ \� \ // /4- \ // �/ III I I I I I /// \ >`\ i / �,( �� \/y// � � �� _.-- II III /�� \ ;�\ / / i I \ / /i // / / \ I'II I I III / \ \ �� // \ , / Ii'! 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Fay a • I I �7' \ 3 a I r I / l 1 `1 f I \ \ ,.e%.� 1 o?<R.1 _ 1 'sµU I C� r 4A 1 zJ9.r I L- 6 ` I g n.>n./ I h I \ \'_ \\ rf-J L_ `1 6'a / I �f I 61 ,r,i ae Q I---I i \ h I / a I \\ \\ — . — .i J. s -J J ti i =r c) I I c 13 / \ \ — — c— T—rr —) Z I I \�\\ I`i / 2 s i R w j az6cs„ — �G - — - — - — ;-1 -"r-11-�. -I- - — - �\�\ \ \ -— -— '�•L-1- I ,s, I / I L C, I I J 2 • . ', is \ d �_I r� 11.3 1 I 10 Ir I \ \ , n ---- / 4.1• l \\ 3 \ J Ji5 I J4.r92s/ I \. \ 26,181 sf g I• Z • pc I C` I I \� - „ 1 e B —i DWSMA L lAI 5� I 5 o za I--_ a 1 \ \ \\ l I I I \ ) \ S 1 r I I.I 44.%z s/ v B-B I I $ i 1 \ \\ � .� \ 1 t \ I- - yI . ` I \\ \\ \�\h \ — —' — —.� —\ 1\ \ axasr:r / — I I i- - _� -— - — . I /j / -e'BIT.TRAIL C \ \ \ \ L 1 , — j �_ �, -->i��Oj 59`4#'E-t488.237 h I , 1 (��) / ', I <; / \ \ 1 6 / -I \L •r I / y / TT l r I I - I C� I %� I 0 • \ / I�I \ \ \I I '' // I / l c' r I / / I �� I j I I Exc.a'BIT.TRAIL ( \ J \ 4 II L / I l w I I I I/ ::: I >I • IlIL _ H — I (i ( n A l Id/ n n /r _. I / 3 \ \ \ i /� V \-i L. 1\� n / 11 v 1v 1 ^ �\ v vI L./ h \\ I / IIe_ I\ \\\ �\ I11 III I// I / I F_ II \ \ i \ ,,,k \ II ill \ I/ / J� ,I I T��l�l I Typ. Lot Detail Development Data _ RI-13.5 Lot Standards: Lots 5-13 B2 (Ho scow EXISTING ZONING: Rural MINIMUM LOT AREA 13,500 sf; 26,181 sf as proposed STREET/DRIVE PROPOSED ZONING: R1-9.5(Lots 1-4, Block 1 &Lots 1-4, Block 2) MAXIMUM LOT AREA 36,968 sf proposed g0 RI-13.5(Lots 5-13, Block 2) AVERAGE LOT AREA 31,353 sf proposed 5 0 SITE AREA t10.65 Ac. j MINIMUM LOT W1DTH 85'; 95'as proposed(0 front setback) — \\k MINIMUM LOT FRONTAGE 85'; 55'0 culdesac bulb �`\ \-Drainage& PROPOSED HOMES 17 SETBACKS lg 15• Utility Easement GROSS DENSITY ± 1.6 DUAAc. I I r Setback Line FRONT 30'House to Public ROW SIDE 10'min/25' TOTAL Mu' ph__ Lot oEouosian REAR 20' r �� NOTE: LOT W1D7H MEASURED AT SETBACK 70I 13,716 S/I 15-` Lot Number 5 - `f-`1y.—Lot Area Received Planning Dept Development Notes RI-9.5 Lot Standards: Lots 1-4 BI & Lots 1-4 B2 IL- . N . —Ill 1. ALL LOT DIMENSIONS ARE ROUNDED TO THE NEAREST FOOT. MINIMUM LOT AREA 9,500 s(,• 10,178 sf as proposed 90 9 2. ALL AREAS ARE ROUNDED TO THE NEAREST SQUARE FOOT. MAXIMUM LOT AREA 23,669 sf proposed APR 0.6 2017AVERAGE LOT AREA 17,900 sf proposed 3. STREET NAMES ARE SUB,.ECT TO APPROVAL BY THE CITY. MINIMUM LOT W1DTH 70' 4. DRAINAGE AND UTILITY EASEMENTS SHALL BE PROVIDED AS REQUIRED: MINIMUM LOT FRONTAGE 7D' •DRAINAGE AND UTILITY EASEMENTS PALL BE PROVIDED OVER ALL PUBLIC UTILITIES, SETBACKS X City of Eden Prairie •D/U EASEMENTS WILL BE PROVIDED UP TO A MIN. OF 1 FOOT ABOVE THE HIGH WATER LEVEL OF ALL PONDS, FRONT 30'House to Public ROW •D/U EASEMENTS WILL BE PLACED OVER INFILTRATION BASIN WAN OUTLOT A AS SHOWN, SIDE 5'min/15' TOTAL (2 car garage) 5. STREET WIDTHS SHOWN ARE FROM BACK OF CURB TO BACK OF CURB.' REAR 20' 111111 — NOTE.• LOT N1DTH MEASURED AT SETBACK 0' so' 120' lea' NOT FOR CONSTRUCTION ODI0705PPPOI.dwg Derr 12/07/16 Sheet 3 OP 8 Cedarcrest Westwood r he+l�/��0 �P,P�1 61_or_de iJ >� '�>� d.9..�..�e.,7-•d�,�57 �5a..>s weer& Stables _dw B.Ise d Me Dare d 9d.r. Oi/17h7 Revd pr IXy Cvm,ntr The Pemtom Land Company oz/aBh7 Re,k•d P.w7 ca..�V ambit / Preliminary Plat Phone (952)9375150 7699Mren,"I155 WA95/A?AM Wtlrl A Fv (B52)BB7.5150 EErnPralrle,MN65149 - 7697 Drive Torpor (B86)937.5150 1Kseraadpuom Cl W.Mane - �®!mewls be/doe xtawordnotrdondsewr><K. 04/06/W �®� 23021 - Eden Prairie,MN 5Sil4 Eden Prairie,Minnesota CEDARCREST STABLES CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 7-2017-PUD-2-2017 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 7-2017-PUD-2- 2017 (hereinafter "PUD-2-2017-R1-13.5 &R1-9.5"). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of April 18, 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-2-2017-R1-13.5 &R1-9.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-2-2017-R1-13.5 & R1-9.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-2-2017-R1-13.5 & R1-9.5 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-2-2017-R1-13.5 & R1-9.5 are justified by the design of the development described therein. D. PUD-2-2017-R1-13.5 & R1-9.5 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-2-2017-R1-13.5 &R1-9.5 and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 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 18th day of April, 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 SUMMARY OF ORDINANCE 7-2017-PUD-2-2017 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: Summary: This ordinance allows rezoning of land located west of Shetland Road and east of Braxton Drive from Rural Zoning District to R1-9.5 and R1-13.5 Zoning Districts. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on April 27, 2017. (A full copy of the text of this Ordinance is available from City Clerk.) 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 April 6, 2017 and consisting of 10.65 acres into 17 lots and 1 outlot, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved subject to approval of the 2nd reading of the Ordinance for Planned Unit Development District Review with waivers and a Zoning District change and approval of the Development Agreement. This resolution supersedes Resolution No. 2017-3 5. ADOPTED by the Eden Prairie City Council on the 18th day of April, 2017. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk DEVELOPMENT AGREEMENT Cedarcrest Stables THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into as of April 18, 2017, by The Pemtom Land Company, a Minnesota corporation, hereinafter referred to as "Developer," its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City": WITNESSETH: WHEREAS, Developer has applied to the City for a 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 Zoning District on 7.19 acres and from Rural to R1-9.5 Zoning District on 3.46 acres, and Preliminary Plat of 10.65 acres into 17 lots and one outlot, legally described on Exhibit A (the "Property"); NOW, THEREFORE, in consideration of the City adopting Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from Rural to R1-13.5 Zoning District on 7.19 acres (proposed Lots 5-13, Block 2, Cedarcrest Stables) and from Rural to R1-9.5 Zoning District on 3.46 acres (proposed Lots 1-4, Block 1 and Lots 1-4, Block 2, Cedarcrest Stables), and Resolution No. for Preliminary Plat, Developer agrees to construct, develop and maintain the Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials revised and stamp dated , reviewed and approved by the City Council Development Agreement Cedarcrest Stables 04-13-17 1 on , (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3. PLANS FOR INDIVIDUAL HOME CONSTRUCTION: Prior to building permit issuance for each residential structure on each parcel of the Property, a Certificate of Survey for such parcel shall be submitted for review and written approval by the Building Department. Prior to building permit issuance for Lot 4, Block 1, a grading permit for said lot shall be applied for and approved. The Certificate of Survey shall include a certification by the builder that construction of the residence is consistent with this Agreement and all exhibits attached hereto, and shall further contain the following information: A. Topography with 2 foot contour intervals for existing and proposed grades. B. Location of structures with finished floor elevations. C. Retaining walls, type, height, and type of details. D. Location of sewer, water, gas and electric lines. E. Method of erosion control. F. Detailed grading plans. G. No construction or grading within any conservancy easement area. H. No steepening of the natural slopes and walk out levels that meet natural grade. No more than a 20 foot wide construction area on the lower ground elevation. I. Engineered design for footing, foundation, and retaining walls. 4. CONNECTION FEES: The Developer is responsible for the construction of the full width of Cedarcrest Drive as indicated in the Plans in lieu of sewer and water connection fees required by City Code Chapter 12 for Lots 11-13, Block 2. 5. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement, City shall give 24 hour notice of such violation in order to allow a cure of such violation, provided however, City need not issue a building or occupancy permit for construction or occupancy on the Land while such a violation is continuing, unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 6. 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 Development Agreement Cedarcrest Stables 04-13-17 2 (including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection, review or approval by City. 7. FINAL PLAT: The final plat of the Property shall be recorded with the Hennepin County Recorder or Registrar of Titles, as applicable within 90 days of approval by the City Council or within 2 years of approval of the Preliminary Plat, whichever occurs first. If the final plat is not filed within the specified time, the City Council may, upon ten days written notice, to the Developer, consider a resolution revoking the approval. 8. GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in the Plans is conceptual. Prior to the release of a land alteration permit for the Property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The Developer shall also provide written authorization from the affected property owners for the off-site grading as shown in the Plans to the City prior to the issuance of a land alteration permit. 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. Development Agreement Cedarcrest Stables 04-13-17 3 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 "Minnesota Storm Water Manual", 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. Development Agreement Cedarcrest Stables 04-13-17 4 Field verification of post-construction infiltration rates must be provided to the City within 30 days after the first rainfall event of '/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. Stormwater Infiltration Systems that are constructed under a building shall be designed for maintenance access and installed in conformance with the standards outlined in The Minnesota Stormwater Manual and/or the Plans. The System shall be kept off-line until construction is complete. Field verification of post- construction infiltration rates must be provided to the City within 30 days after the first rainfall event of one-half inch or greater following the Storm Water Infiltration Systems becoming operational. If the infiltration rates are reduced by construction, a plan to restore adequate infiltration must be provided within 90- days of the field test C. STORMWATER FACILITY INSPECTION AND MAINTENANCE: A Stormwater Maintenance Plan must be provided for operation and maintenance of all Stormwater Facilities to ensure they continue to function as designed in perpetuity prior to issuance of the Land Alteration Permit. The Stormwater Maintenance Plan must identify and protect the design, capacity and functionality of all Stormwater Facilities. The Maintenance Plan must contain at a minimum: the party(s) responsible for maintenance; access plans; inspection frequency; methods used for field verification of infiltration for Stormwater Infiltration Systems; routine and non-routine inspection procedures; sweeping frequency for all parking and road surfaces; plans for restoration of reduced infiltration for Stormwater Infiltration Systems; and plans for replacement of failed systems, all pursuant to and in accordance with Eden Prairie City Code Section 11.55, Subd. 8. During construction and for two years following completion of construction, all Stormwater Facilities shall be inspected at a minimum of once annually to determine if the Stormwater Facility(s) is treating stormwater as designed and should occur within 72-hours after a rainfall event of one-inch or greater to verify infiltration. All Stormwater Facilities shall be kept free of debris, litter, invasive plants and sediment. Erosion impairing the function or integrity of the Stormwater Facilities, if any, must be corrected and any structural damage impairing or threatening to impair the function of the Stormwater Facilities must be repaired. The following criteria must be included in the inspection: Development Agreement Cedarcrest Stables 04-13-17 5 • 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 to the extent practical be removed by hand 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. For any situations in which hand removal is not practical, Developer shall identify in the Stormwater Maintenance Plan procedures that will be implemented to protect functionality of the Stormwater Infiltration Systems. After the two year period of maintenance, the Owner of the Property shall continue to be responsible for maintenance of the Stormwater Facilities provided however the City shall be responsible for maintenance of the Stormwater Facilities on Lots 1-7, Block 2. 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 any situations in which hand removal is not practical, Developer shall identify in the Stormwater Maintenance Plan procedures that will be implemented to protect functionality of the Stormwater Infiltration Systems. Areas above Underground Systems shall be kept free of Development Agreement Cedarcrest Stables 04-13-17 6 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. 9. GRADING IN THE WOODED AREAS ON SITE: Prior to grading within any of the wooded areas on the Property, as depicted on the plans. Developer shall submit to the City Forester and receive the City Forester's written approval of a plan depicting construction grading limits on the Property. Prior to the issuance of any land alteration permit, Developer shall place a construction fence on the approved construction grading limits. Developer shall notify the City and watershed district 48 hours in advance of grading so that the construction limit fence may be field inspected and approved by the City Engineer and City Forester. Developer shall maintain the construction limit fence until written approval is granted by the City to remove the fence. 10. OTHER AGENCY APPROVALS: The Developer shall be responsible for submitting to the City Planner, copies of all necessary approvals issued by other agencies for the project. These submittals are required prior to issuance by the City of the corresponding City permit(s). The agencies issuing such approvals include, but are not necessarily limited to, the following: the Minnesota Pollution Control Agency, Metro Waste Control Commission, Riley Purgatory Bluff Creek Watershed District. The City Planner may determine that conditions of approval required by the Riley Purgatory Bluff Creek Watershed District require changes to the City approvals which may entail additional City review, including public hearing(s) for recommendation by the Planning Commission and approval by the City Council Developer consents to such additional review as determined by the City Planner and agrees to an extension pursuant to Minn. Stat. Section 15.99 of an additional 60 days for the addition review. 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 as Exhibit D. A. Robin Ruben 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 Development Agreement Cedarcrest Stables 04-13-17 7 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. PRIVATE DRIVEWAYS: Prior to the issuance of Building Permit for Lots 11 — 13, Developer shall submit proof to the City Planner that a reciprocal, joint access and maintenance agreement for the shared driveway has been filed against the properties impacted by the proposed shared driveways with the Hennepin County Recorder's/Registrar of Titles' Office in a form approved in writing by the City Planner. The use of shared driveways on Lots 11 -13 will be allowed if the Developer demonstrates to the satisfaction of the City Engineer and Park and Natural Resources Manager that a shared driveway creates less tree loss and less grading impact than the use of individual driveways. The Developer shall submit an analysis and plan for the shared driveways that to the City Engineer and the Parks and Natural Resources Manager for their review and consideration for approval which approval may be withheld in their reasonable discretion. 14. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the R1-13.5 Zoning District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD (list PUD number): • A waiver from the maximum cul-de-sac length from 500 feet to 570 feet. • A waiver from the 3 foot driveway setback for lots 11-13 to allow shared driveways to be closer than 3 feet to the property line. 15. REMOVAL/SEALING OF EXISTING WELL AND SEPTIC SYSTEMS: Prior to issuance by City of any permit for grading or building on the Property, Developer shall submit to the Chief Building Official and to obtain the Chief Building Official's written approval of plans for demolition and removal of existing septic systems and wells on the Property, and restoration of the Property. Prior to issuance by City of any permit for grading or building on the Property, Developer shall complete the demolition and removal of existing septic systems and wells on the Property and restore the Property. Prior to such demolition or removal, Developer shall provide to the City a deposit in the amount of$1,000 to guarantee that Developer completes implementation of the approved plan. The city shall return to Developer the $1,000 deposit at such time as the Chief Building Official has verified in writing that the Developer has completed implementation of the approved plan. 16. RETAINING WALLS: Prior to issuance by the City of any permit for grading or Development Agreement Cedarcrest Stables 04-13-17 8 construction on the Property, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's written approval of detailed plans for any retaining walls identified on the grading plan in the Plans that are greater than four (4) feet in height. If as a result of grading of the Property or any portion thereof, a retaining wall not previously approved as described in the sentence above will be greater than four (4) feet in height, Developer shall comply with all applicable provisions of City Code, including but not limited to the Building Code, and obtain the required permits prior to further development activity on any Lot or Outlot affected by such retaining wall(s). These plans shall include details with respect to the height, type of materials, and method of construction to be used for the retaining walls. Developer shall complete implementation of the approved retaining wall plan in accordance with the terms and conditions of Exhibit C, attached hereto, prior to issuance of any occupancy permit for Lot 4, Block 1. Construction, maintenance and repair of all retaining walls on Lot 4, Block 1 shall be the responsibility of the Developer and the subsequent owners of Lot 4, Block 1. Developer shall prepare and obtain a executed written acknowledgement of the responsibility for the retaining wall as set forth in this paragraph from the first residential owner to whom Lot 4, Block 1 is sold. Within 10 days of closing on the sale of said lot to the first residential owner Developer shall provide a duplicate original to the City Planner. No certificate of occupancy shall be issued for Lot 4, Block 1, until the written acknowledgement is filed with the City 17. TRAIL AND TRAIL CONSTRUCTION: An eight (8) foot wide bituminous public trail (the "Trail") is located as shown in the Plan within the right-of-way of Cedarcrest Drive. The Trail shall be constructed by the Developer on the north side of Cedarcrest Drive as depicted in the Plans. Developer shall complete implementation of the Trail in accordance with the approved plans in accordance with the terms of Exhibit C prior to issuance of any occupancy permit for the Property. Bonding in accordance with City Code shall be required for sidewalk construction. 18. 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. 19. SPECIAL ASSESSMENTS Prior to the release of the final plat for the Property, an assessment agreement, in the form and substance as attached in Exhibit E, shall be signed Development Agreement Cedarcrest Stables 04-13-17 9 by the owner(s) of the Property with the City for trunk sewer and water assessments on an assessable area of 10.65 acres in the amount of$85,926.05. 20. STREET AND UTILITY PLANS: Prior to issuance by the City of any permit for the construction of streets and utilities for the Property, Developer shall submit to the City Engineer, and obtain the City Engineer's written approval of plans for public streets, sanitary sewer, water and storm sewer. Plans for public infrastructures shall be of a plan view and profile on 24 x 36 plan sheets consistent with City standards. Prior to release of the final plat for the Property, Developer shall furnish to the City Engineer and receive the City Engineer's written approval of a surety equal to 125% of the cost of said improvements. A permit fee of five percent of construction value shall be paid to City by Developer. The design engineer shall provide daily inspection, certify completion in conformance to approved plans and specifications and provide record drawings. 21. TREE LOSS - TREE REPLACEMENT: There are 3,718 diameter inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 1,227 diameter inches. Tree replacement required is 202.5 caliper inches less the heritage trees being saved at 109 caliper inches, which equals 93.5 caliper inches required tree replacement. Prior to the issuance of any grading permit for the Property, Developer shall submit to the City Forester and receive the City Forester's written approval of a tree replacement plan for 93.5 caliper inches. This approved plan shall include replacement trees of a 2.5-inch diameter minimum size for a shade tree and a 6-foot minimum height for conifer trees. The approved plan shall also provide that, should actual tree loss exceed that calculated herein, Developer shall provide tree replacement on a caliper inch per caliper inch basis for such excess loss. Prior to issuance of any grading permit for the Property, Developer shall furnish to the City Planner and receive the City Planner's approval of a tree replacement bond equal to 150% of the cost of said improvements as required by City Code. Developer shall complete implementation of the approved tree replacement plan on an individual lot prior to occupancy permit issuance for that lot. The Developer shall file Declarations of Easements, Covenants and Restrictions (Declarations) against the Property that at a minimum includes a provision stating that the Metropolitan Airports Commission recommends that any trees planted on the Property be non-fruit bearing trees to minimize wildlife attractiveness and potential impacts to aircraft from Flying Cloud Airport. Prior to filing the Declarations, Developer shall submit a draft to the City Planner for the Planner's review and consideration of approval as to compliance with this Agreement. After approval by the City Planner, Developer shall file the Declarations with the Hennepin County Recorder/Registrar of Title as appropriate. Prior to the issuance of the Development Agreement Cedarcrest Stables 04-13-17 10 first building permit for the Property, Developer shall submit to the City Planner proof that the Declarations has been recorded in the Hennepin County Recorder's Office/Registrar of Titles' Office in accordance with the requirements of this paragraph. 22. UTILITY EASEMENTS: Prior to the release of the final plat for the Property, Developer shall convey drainage and utility easements to the City in the locations depicted on the Plat. 23. DEFERRED ASSESSMENT: The Property is encumbered by certain deferred assessments evidenced by Certificate to Defer Special Assessments dated March 16, 2004, filed April 1, 2004 as Document No. 8323269sha11 be paid in full. Prior to the release of the final plat, the deferred assessments shall be paid in full. The adjusted amount for a payoff of the deferred assessment is $52,107.46. 24. MINOR SUBDIVISION: The property identified as Lot 5, Block, Enclave 2nd Addition, maintains a fire pit on the Property in the location of the proposed Outlot A. Contemporaneous with the filing of an application for final plat approval for the Property Developer shall submit an application for Minor Subdivision under City Code section 12. 02, Subd. 2 requesting that the proposed Outlot A and Lot 5, Block 1, Enclave, 2nd Addition be platted as a single lot. If the Minor Subdivision application is not approved by the City Council, the Developer shall revise the final plat of the Property to remove Outlot A and final plat the area of the Outlot as part of Lot 4, Block 1. Development Agreement Cedarcrest Stables 04-13-17 11 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 Development Agreement Cedarcrest Stables 04-13-17 12 The Pemtom Land Company By Its STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2017, by , the , of The Pemtom Land Company, a Minnesota corporation, on behalf of the company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Development Agreement Cedarcrest Stables 04-13-17 13 EXHIBIT A DEVELOPMENT AGREEMENT — CEDARCREST STABLES Legal Description Before Final Plat 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. Legal Description After Final Plat Lots 1-4, Block 1; Lots 1-13, Block 2; Cedarcrest Stables Note: Lots 1-4, Block 1, and Lots 1-4, Block 2 are proposed R1-9.5 Zoning District and Lots 5-13, Block 2, are proposed R1-13.5 Zoning District. Development Agreement Cedarcrest Stables 04-13-17 14 EXHIBIT B DEVELOPMENT AGREEMENT — CEDARCREST STABLES Exhibit B Plans Title Sheet dated 2/6/17 by Westwood Existing Conditions dated 2/6/17 by Westwood Preliminary Plat dated 2/6/17 by Westwood Preliminary Grading, Drainage and Erosion Control Plan dated 2/6/17 by Westwood Preliminary Utility Plan dated 2/6/17 by Westwood Street Profiles dated 2/6/17 by Westwood Tree Inventory Plan dated 2/6/17 by Westwood Tree Replacement Plan dated 2/6/17 by Westwood Development Agreement Cedarcrest Stables 04-13-17 15 EXHIBIT C DEVELOPMENT AGREEMENT - CEDARCREST STABLES 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 thirty-six (36) months of the date hereof, Developer, for itself, its successors, and assigns, shall not oppose the City's reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. V. Provisions of this Agreement shall be binding upon and enforceable against the Property and the Owners, their successors and assigns of the Property. VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VII. Developer represents that it has marketable fee title to the Property, except: Robin Ruben 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: Development Agreement Cedarcrest Stables 04-13-17 16 A. That Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances. Prior to final plat approval, Developer shall provide to the City a current title insurance policy insuring such a condition of title. B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property, any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat., Sec. 115B.01, et. seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the Property, any Hazardous Substances. D. That no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss, costs, damage and expense, including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been, used, employed, deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning, and Chapter 12, Subdivision Regulations, of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. IX. Prior to release of the final plat, Developer shall pay to City fees for the first three (3) years' street lighting on the public streets adjacent to the Property (including installation costs, if any, as determined by electrical power provider), engineering review, and street signs. X. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. Development Agreement Cedarcrest Stables 04-13-17 17 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. 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 Development Agreement Cedarcrest Stables 04-13-17 18 or decal reading "Scenic/Conservation Easement Boundary, City of Eden Prairie", will be affixed to the top of the post. XIX. Within 10 days of the approval of the Development Agreement, the Developer shall record the Development Agreement at the County Recorder and / or Registrar of Titles. The final plat shall not be released until proof of filing of the Development Agreement is submitted to the City. XX. The City is hereby granted the option, but not the obligation, to complete or cause completion in whole or part of all of the Developer's obligations under this Agreement for which a bond, letter of credit, cash deposit or other security(hereinafter referred to as the "Security") is required if the Developer defaults with respect to any term or condition in this Agreement for which Security is required and fails to cure such default(s) within ten (10) days after receipt of written notice thereof from the City; provided however if the nature of the cure is such that it is not possible to complete the cure within ten (10) days, it shall be sufficient if the Developer has initiated and is diligently pursuing such cure. The Developer acknowledges that the City does not assume any obligations or duties of the Developer with respect to any such contract agreements unless the City shall agree in writing to do so. The City may draw down on or make a claim against the Security, as appropriate, upon five (5) business days' notice to the Developer, for any violation of the terms of this Agreement or if the Security is allowed to lapse prior to the end of the required term. If the obligations for which Security is required are not completed at least thirty (30) days prior to the expiration of the Security and if the Security has not then been renewed, replaced or otherwise extended beyond the expiration date, the City may also draw down or make a claim against the Security as appropriate. If the Security is drawn down on or a claim is made against the Security, the proceeds shall be used to cure the default(s) and to reimburse the City for all costs and expenses, including attorneys' fee, incurred by the City in enforcing this Agreement. XXI. The Developer hereby grants the City, it's agents, employees, officers and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with this Agreement. XXII. This Agreement is a contract agreement between the City and the Developer. No provision of this Agreement inures to the benefit of any third person, including the public at large, so as to constitute any such person as a third-party beneficiary of the Agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action for any person not a party hereto. XXIII. Except as specifically authorized by the Director of Public Works, no permit shall be issued for the Property until the Developer has recorded the final plat with Hennepin County Recorder's Office/Registrar of Titles' Office. Development Agreement Cedarcrest Stables 04-13-17 19 EXHIBIT D DEVELOPMENT AGREEMENT - CEDARCREST STABLES OWNERS' SUPPLEMENT TO DEVELOPMENT AGREEMENT BETWEEN THE PEMTOM LAND COMPANY AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of , 2017, by and between Robin Ruben("Owner"), and the CITY OF EDEN PRAIRIE ("City"): For, and in consideration of, and to induce City to adopt Resolution No. 2017-00 for Planned Unit Development Concept Review, Ordinance No. 2017-00 for Planned Unit Development District Review and Zoning District Change, and Resolution No. 2017-00 for Preliminary Plats more fully described in that certain Development Agreement entered into as of , 2017, by and between The Pemtom Land Company, a Minnesota corporation , and City ("Development Agreement") pertaining to that certain Property described on Exhibit A hereto, Owner agrees with City as follows: 1. If The Pemtom Land Company, fails to commence development in accordance with the Development Agreement and fails to complete construction of the public infrastructure referred to in the Development Agreement within 36 months of the date of this Owners' Supplement, Owner shall not oppose the City's reconsideration and rescission of Resolution No. 2015-00 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 be binding upon and enforceable against the Property and the Owner, their successors and assigns of the Property. 3. If Owner transfers this Property, Owner shall obtain an agreement from the transferee requiring that such transferee agree to all of the terms, conditions and obligations of"Developer" in the Development Agreement. Neither the Owner or transferee are required to develop the property in accordance with this Agreement, so long as Owner or transferee obtain such approvals as are required by City Code to develop the Property in a manner other than as set forth in this Agreement. Development Agreement Cedarcrest Stables 04-13-17 20 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 Development Agreement Cedarcrest Stables 04-13-17 21 IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. OWNER By Robin Ruben STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2017, by Robin Ruben. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Development Agreement Cedarcrest Stables 04-13-17 22 Exhibit A Development Agreement — Cedarcrest Stables Legal Description Before Final Plat 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. Legal Description After Final Plat Lots 1-4, Block 1; Lots 1-13, Block 2; Cedarcrest Stables Note: Lots 1-4, Block 1, and Lots 1-4, Block 2 are proposed R1-9.5 Zoning District and Lots 5-13, Block 2, are proposed R1-13.5 Zoning District. Development Agreement Cedarcrest Stables 04-13-17 23 EXHIBIT E DEVELOPMENT AGREEMENT - CEDARCREST STABLES AGREEMENT REGARDING SPECIAL ASSESSMENTS THIS IS AN AGREEMENT MADE THIS day of , 2017, between the City of Eden Prairie, a municipal corporation, (the "City") and a Minnesota (the "Owner"). A. The Owner holds legal and equitable title to property described as , Hennepin County, Minnesota, which property is the subject of this Agreement and is hereinafter referred to as the "Property". B. The Owner desires to develop the property in such a manner that relies upon the City's trunk utility system, including trunk sanitary sewers, trunk watermains, wells, elevated storage facilities and a water treatment plant (all of which is hereafter referred to as the "Improvement"). C. The parties hereto desire to enter into an Agreement concerning the financing of the construction of the Improvements all of which will inure to the benefit of the Property. AGREEMENTS IT IS HEREBY AGREED as follows: 1. The Owner consents to the levying of assessments against the Property in the amount of$85,926.05 for the Improvements. 2. The City's assessment records for the Property will show the assessments as a "pending assessment"until levied. 3. The Owner waives notice of any assessment hearing to be held at which hearing or hearings the assessment is to be considered by the City Council and thereafter approved and levied. 4. The Owner concurs that the benefit to the Property by virtue of the Improvements to Development Agreement Cedarcrest Stables 04-13-17 24 be constructed exceeds the amount of the assessment to be levied against the Property. The Owner waives all rights it has by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of the assessments, or the procedures used by the City in apportioning the assessments and hereby releases the City, its officers, agents and employees from any and all liability related to or arising out of the imposition or levying of the assessments. 5. This Agreement shall be effective immediately. 6. This Agreement may not be terminated or amended except in writing executed by both parties hereto,provided however upon the levying of the special assessments contemplated by Paragraph 1 hereof the City may upon request of the owner of the property affected,without the necessity of further City Council approval,unilaterally prepare and provide to the owner for recording a document releasing any property so levied from this Agreement. 7. This Agreement constitutes a lien on the Property in the amount of $85,926.05 until such time as the assessments referred to above are levied. Development Agreement Cedarcrest Stables 04-13-17 25 OWNER CITY OF EDEN PRAIRIE A Minnesota A Minnesota Municipal Corporation By: NOT TO BE SIGNED By: NOT TO BE SIGNED Nancy Tyra-Lukens Its Mayor By: NOT TO BE SIGNED Rick Getschow, Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2017, by Nancy Tyra-Lukens, the Mayor, and Rick Getschow, the City Manager, of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2017,by the , a Minnesota , on behalf of the Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Development Agreement Cedarcrest Stables 04-13-17 26 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 18, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IC 16-5964 ITEM NO.: VIII.D. Public Works/Engineering Reject Bids for the Entry Monument Rod Rue Sign at Anderson Lakes Parkway and TH 169 Requested Action Move to: Reject bids for the entry monument sign project at the intersection of Anderson Lakes Parkway and TH 169 Synopsis Sealed bids were received Thursday March 23, 2017 for this project. Three bids were received with the lowest bid in the amount of$227,232.50 from Pember Companies, Inc., which is significantly over the sign consultant's estimate. The other bids were from Meisinger Construction Company at $255,000.00 and from Derau Construction at $267,600.00. The estimated monument sign cost established by Visual Communications (sign consultant) was $120,000, which did not include electrical service to the site, grading work, site restoration, and landscaping. The grading work and site restoration costs were included in the contractor's bid prices. However, the electrical service to the site and landscaping are additional items that the city would be covering separately. Based on the fact that the bid results were relatively similar and significantly higher than the estimate, staff recommends rejecting the bids and reconsidering the design elements for the signs or bidding the components separately. Background Information Staff has been working with various sign consultants to establish design features and components for the various entry monument sign locations within the city, as well as this particular location. The entry monument signs include a structural wall with a stone face and internally illuminated letters, soaring bird silhouettes, wave panels, and accent lighting for all of the design features. The largest cost items included in the sign bids were for the various lighting components. Attachment Bid Tabulation 2017 Entry Monument Sign-Anderson Lakes Parkway and TH 169 City of Eden Prairie Project-I.0#16-5964 Pember Companies,Inc. Meisinger Construction Company Derau Construciton Average NO DESCRIPTION EST.QTY. UNIT UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL 1 Mobilization 1 Lump Sum 20,300.00 $20,300.00 17,605.00 $17,605.00 20,000.00 $20,000.00 19,301.67 $19,301.67 2 Clear and Grub 0.1 Acre 18,800.00 $1,880.00 5,500.00 $550.00 5,000.00 $500.00 9,766.67 $976.67 3 Silt Fence 120 Lin.Ft. 3.00 $360.00 5.50 $660.00 5.00 $600.00 4.50 $540.00 4 Inlet Protection 2 Each 100.00 $200.00 110.00 $220.00 450.00 $900.00 220.00 $440.00 5 Monument Sign Concrete,Footing,&Masonry 1 Lump Sum 46,000.00 $46,000.00 90,000.00 $90,000.00 45,000.00 $45,000.00 60,333.33 $60,333.33 6 Stone Monument Ground Lighting&Controller 1 Lump Sum 69,000.00 $69,000.00 80,000.00 $80,000.00 45,000.00 $45,000.00 64,666.67 $64,666.67 7 Individual Internally Illuminated letters 1 Lump Sum 13,800.00 $13,800.00 10,500.00 $10,500.00 7,500.00 $7,500.00 10,600.00 $10,600.00 8 Birds,Poles,&Footings 1 Lump Sum 33,560.00 $33,560.00 17,000.00 $17,000.00 15,000.00 $15,000.00 21,853.33 $21,853.33 9 Bird Spot Lighting&Controller 1 Lump Sum 6,300.00 $6,300.00 7,000.00 $7,000.00 40,000.00 $40,000.00 17,766.67 $17,766.67 10 .250 Wave Panels with LED Rope Lighting&Controller 1 Lump Sum 15,800.00 $15,800.00 5,000.00 $5,000.00 40,000.00 $40,000.00 20,266.67 $20,266.67 11 Wave Panel Indirect Lighting 1 Lump Sum 10,500.00 $10,500.00 20,000.00 $20,000.00 48,000.00 $48,000.00 26,166.67 $26,166.67 12 Common Excavation(P) 70 Cu.Yd. 57.00 $3,990.00 22.00 $1,540.00 45.00 $3,150.00 41.33 $2,893.33 13 Topsoil Borrow(LV) 30 Cu.Yd. 72.00 $2,160.00 28.00 $840.00 25.00 $750.00 41.67 $1,250.00 14 Erosion Control Blanket 450 Sq.Yd. 4.25 $1,912.50 3.30 $1,485.00 2.00 $900.00 3.18 $1,432.50 I5 Seeding 0.1 Acre 14,700.00 $1,470.00 26,000.00 $2,600.00 3,000.00 $300.00 14,566.67 $1,456.67 TOTAL BASE BID $227,232.50 $255,000.00 $267,600.00 $249,944.17 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda April 18, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. #17-5968 ITEM NO.: VIII.E. Leslie Stovring Approve the Standard Agreement for Professional Engineering Services with Foth for development of a Solid Waste Management Plan Requested Action Move to: Approve the Standard Agreement for Professional Services with Foth Infrastructure & Environment, LLC for development of a Solid Waste Management Plan at a cost not to exceed $50,000. Synopsis The City is proposing to develop a Solid Waste Management Plan for management of solid waste, recycling, organics collection and yard waste management for residential, institutional, and commercial customers as well as for city operations and events. Funds will come from the stormwater utility and operation and maintenance funds. Background Information A Solid Waste Management Plan (Plan) is proposed to provide for long-range planning for management of solid waste, recycling, organic recycling and yard waste for single-family residents, multiple-family residents, institutions, commercial or industrial customers, as well as city operations and city events. The Plan will include consideration of: • Existing operations and event management; • Options to incorporate organic recycling into existing collection operations; • Potential operational or collection modifications; • Addition of local processing facilities for organics or yard waste; • Management of unique waste streams such as fluorescent bulbs, electronics, appliances, batteries, tires,used oil,pharmaceuticals, and construction waste; • Food waste reduction; and • Analysis of potential costs, funding options, impacts and/or benefits of solid waste management options, including value of services, economic development, roadway deterioration, truck noise, greenhouse gas emissions, carbon footprint, toxicity reduction, safety, regrettable substitutions, compost usage,reuse potential,recycling and waste reduction. The final product will include cost and funding scenarios; environmental impacts; education planning for the public and policy makers; incentive programs; means to increase efficient use of vehicles; and general recommendations for implementation of the Plan. Development of the Master Plan would start this spring and is anticipated to be completed by June 30, 2018. Funds would come from the stormwater utility and operation and maintenance funds. Attachment Foth Standard Agreement for Consultant Services Standard Agreement for Professional Services This Agreement ("Agreement") is made on the day of , 20 between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Foth Infrastructure& Environment, LLC a Wisconsin corporation (hereinafter "Consultant") whose business address is 2121 Innovation Court, Suite 300, De Pere, WI 54115 (local address; 8550 Hudson Blvd. N , #105, Lake Elmo, MN 55042). 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 Assistanne with Devc.Inpment of a 10-Yr Snlid Waste.ManarjPment Plan hereinafter referred to as the "Work". The City and Consultant agree as follows: 1. Scope of Work The Consultant agrees to provide the professional services shown in Exhibit A ( ) in connection with the Work. The terms of this Agreement shall take precedence over any provisions of the Consultants proposal and/or general conditions. If the Consultants proposal is attached as the Exhibit A Scope of Work, City reserves the right to reject any general conditions in such proposal. 2 Term. The term of this Agreement shall be from April 19, 2017 through June 30 2018 the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $ 50,000 00 for the services as described in Exhibit A. A. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B, Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C, If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for tarry of Eden Prairie Standard 4greernene for Professional Services 2014,04 Page 1 of 8 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. City of Eden Prairie Standard Agreement for Professional Seroces 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 Jennefer Klennert 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 City of Eden Prairie 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 City of Eden Prairie 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 coverages required herein. m All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days' prior notice to the City, except that if the cancellation or non- renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten (10) days' prior notice to the City. City of Eden Frame Stoddard Agreement for Professional Services 2014.04 Page 5 of 8 n. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. o. A copy of the Consultant's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant's Work. Upon request a copy of the Consultant's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided, Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements, Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to enforce the terms of Consultant's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. p. Effect of Consultant's Failure to Provide Insurance, If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 13. Indemnification, Consultant will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Consultant, its agents, contractors and employees, or any negligent or intentional act or City of Eden Prairie 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 wilt 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 CID,of Eden Prairie Standard Agreement for Professiana!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 FIRM NA,ME: Foth Infrastructure-&Envro- rent, LLC ; By. ' .� ' U (tir/ Its: L --� LJ( l7 Ci a Eden Prairie 5,c • C L % �� T wr "P'Llti h f Standard Algreement for Professional Services 2014.04 Page 8 of 8 Exhibit A 1) Scope of Services to be provided to the City by Foth on a time and materials basis for an estimated cost of$50,000: • Task 1 —Background Information. Foth will perform the research and analysis needed to develop the Plan. • Task 2—Project Management. o Organize and lead staff meetings with key personnel from each department who would be responsible for solid waste and recycling management activities. o Provide monthly progress reports to City staff. o Prepare cost implications of various collection options suggested and reviewed by Foth and City staff o Prepare an outline of recommended actions to be used as a guide for discussions in preparation of the Plan. • Task 3—Public Participation/Communications. o Provide one(I)presentation at a City Council workshop or meeting to present initial analysis and gather input from the Council on PIan options and recommendations. o Schedule and facilitate one(1)public open house and informational meeting. This will include preparation of all relevant agenda,minutes and meeting materials. o Provide one(1)workshop with local solid waste licensees to gather input. • Task 4—Plan Requirements o Prepare a final report which summarizes the results and provides a tool kit for staff to follow. Foth will submit a draft report in Microsoft Word for review and approval prior to finalization of the report. The City will provide one set of consolidated redlines to Foth. Upon receipt of City comments, Foth will prepare a final Plan for review, acceptance and approval by the City Council. 2)Foth's Standard Labor Rates are provided as Exhibit B to this agreement. 3) Changes to the City of Eden Prairie,MN Standard Agreement for Professional Services: S.Audit Disclosure and Data Practices. The following is added at the end of this section: In the event the Consultant receives a request to release data, it shall notify City as soon as practical to receive written instructions concerning the release of data to requesting party. No work shall commence until written authorization from the City is received. The Consultant will be reimbursed as Additional Services by City for its reasonable expenses in complying with the request in accordance with the attached Fee Schedule (Exhibit B). 12. Insurance. Item g. Foth's insurance policies are not applied on a"per project"basis. K:iContracls•C1iem IDNEdeu Prairie MN City of Eden Prairie MN,Facknbit A,3-28-17,dr cx GFoth EXHIBIT B Foth Environment Division 2017 Labor Rate Schedule. Classification Hourly Rate(USD) Program Director 220 Client Director/Principal 175 Project Manager III 165 Project Manager II 145 Project Manager I 137 Consultant III 165 Consultant II 135 Consultant I 127 Engineer/Scientist IV 165 Engineer/Scientist III 142 Engineer/Scientist II 125 Engineer/Scientist I 97 Technician IV 130 Technician III 110 Technician II 95 Technician I 85 Assistant Technician 65 Lead Administrative Assistant/Project Administrative Specialist 75 Administrative Assistant 65 INVOICING PROCEDURES ♦ All personnel are billed portal-to-portal for required travel. • AlI testimony or direct mediation work, including depositions; trial testimony;mediation meetings or presentations;public meetings;public hearings; standby time, deposition,pre-trial preparation; and other litigation/mediation services will be billed with a separate Litigation/Mediation Rate Schedule. • Expedited deliverables requested by the client that require overtime work will be billed at one and one-half times the hourly billing rate for the overtime hours worked. Prior notice of this surcharge will be given. • Foth Infrastructure &Environment, LLC reserves the right to periodically modify this schedule, as appropriate. 'Do not provide this rate schedule or copies of this rate schedule to other parties without prior approval of Foth Infrastructure&Environment,LLC. 2017 Public Labor Rates and Resource Charges.docx Rev_1/1/17 # Foth Foth Environment Division 2017 Resource Charges* Item Cost basis Std charge(USD) Computer Usage(') AutoCAD/Intergraph Cost/Usage $15.00/hr High End Software Cost/Usage $15.00- $30.00/hr Standard Office/Communication Expenses(�) Photocopies,Fax,Phone, Scans, Postage, Equipment/Material 1-2%of labor Black&White Plots, Color Plots,Etc. Travel Automobile Travel Mileage $0.65/mi(3) Public Transportation Cost+ 10% Subsistence and Lodging Cost+ 10% Survey Vehicles Mileage $0.97/mit4? Equipment Special equipment rates quoted on an individual basis, if requested. Subconsultants (drilling, laboratory, etc.) Cost+ 10%(5) Outside Printing Costs Cost+ 10% Specialty Mailing Services Cost+ 10% Miscellaneous Cost+ 10% Notes: The cost of specific technical equipment and employee travel expenses needed on projects is in addition to the above hourly rates. This list is not all inclusive but represents the most common resource charges applied to Foth projects. 0 ) Computer Usage fee is designed to cover the following: 1)maintaining computer systems and software and other technology. (2) Communication fee is designed to cover Foth's costs for the following: 1)all telephone and long distance charges,except for extended long distance calls or conference calls;2)all charges associated with facsimile sending and receiving;3)all standard postal and shipping charges,except express mail;and 4)all normal copying and other reproduction costs, except for major or outside reproduction costs. (3) Mileage rates are subject to change based on Federal Government Standards. (4) Mileage rates are subject to change based on economic conditions. (5) If requested,Foth shall procure and coordinate the services of independent laboratories,subconsultants,drilling contractor,etc. The cost of the independent services shall be passed on directly to the owner with a surcharge of 10 percent to cover the processing of expenses. 'Do not provide this rate schedule or copies of this rate schedule to other parties without prior approval of Foth Infrastructure&Environment,LLC. 2017 Public Labor Rates and Resource Charges.docx Rev. 1/1/17 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 18, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.F. Bill Olmschenk, Parks Construction Supervisor Approve Contract for Rice Marsh Play Parks and Recreation Equipment Requested Action Move to: Approve the contract for play equipment at Rice Marsh Lake Park to PlayPower LT Farmington in the amount of$70,000. Synopsis This year the Rice Marsh Lake Park's 19-year-old play equipment is scheduled for replacement. City staff utilized a Request for Proposal (RFP)process to select the replacement play equipment. The RFP establishes a maximum dollar amount for the project purchase/installation. All vendors 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 seven vendors for the new play equipment at Rice Marsh Park. The seven 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 Northland Recreation(PlayPower LT Farmington)was chosen as staff's top choice and was presented to the Parks, Recreation and Natural Resources commission for their review. The Commission liked the variety of play features and the color. Funding for the play equipment replacement work will come from the Capital Improvement Program. The total project budget is $80,000. The equipment replacement is $70,000 with the additional $10,000 being used for drain tile, concrete work and restoration of the shade structure within the play area. Background Play equipment is on a replacement schedule based on our annual safety audits. Equipment is identified as needing replacement based on its age and safety audit point priority ranking. Play equipment has a normal life expectancy of 15 years and the existing equipment at Rice Marsh Park was installed in 1998, meaning it has out-lived its normal expectancy. Attachments Contract Northland Recreation PlayPower LT Farmington-Play area design FORM OF CONTRACT THIS AGREEMENT, made and executed this 18th day of April, 2017, by and between City of Eden Prairie hereinafter referred to as the "CITY", and PlayPower LT Farmington, 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 Parks and Recreation Department referred to in Paragraph IV, as provided by the CITY for: Rice Marsh Park Play Equipment Replacement 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 $70,000.00. 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 • .. 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Rirl s Rrrirrhasr Lnnf''+ Spin 7 . : _ 9 r ik s •f ar i.t, ilf r . 4 _ 1). _. - CM COMMERCIAL RICE MARSH LAKE PARK PLAYGROUND IQ NORTHLAND CITY OF EDEN PRAIRIE,MINNESOTA RECREATmN Playgrounds Fun&FBI' 1 LOY ERG HUB WI HOOPLA � �^ r '2..>..� �� ...�� �- • AND WING NETS �-- Y `:xnmr AGESS•12 J "I 7 , fi IF 1 11 Y !/ y /// "1r1 4� 1�.--__ •l Ill 1 �9 1111$1111Mir .,' a7/1 l , m • Illy: . , it " - ,,j5 \ rIl6 n 1111% 1 b..�. \ n ,Imo: K..,IMG Six v.,, • �:•- MR a \� MOW. _ � Aj mac. -- a SHELTER E -tN F y, .. �`_N, ren _ CONCRETE Fes,, smo - _'-_- 1 - . . 7 _ CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 18, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.G. Matt Bourne, Parks and Accept Quotes and Approve Agreement with Natural Resources Manager Blackstone Contractors, Inc. for the Edenbrook Boardwalk Project Requested Action Move to: Accept quotes and approve Standard Agreement for Contracted Services with Blackstone Contractors, Inc. in the amount of$26,460.00 for the installation of boardwalk at Edenbrook Conservation Area. Synopsis In 2005, the City of Eden Prairie retained Brauer and Associates, LTD to develop master plans for the Edenbrook, Riley and Lower Purgatory Creek Conservation Areas. The plans were adopted by the City Council in December of 2005. As a part of the master plan for Edenbrook Conservation area, a trail access was identified in the southern portion to be constructed as part of future development. With the development of the Grand Haven at Marsh Cove neighborhood, this section of trail can now be constructed and will include sections of boardwalks over low, wet areas. The City received quotes from two contractors, with the lower quote being provided by Blackstone Contractors, Inc. Background After the Grand Haven at Marsh Cove development had been approved and homes were under construction, the City began to plan for construction of this access trail. The boardwalk that will be constructed will be the same design as those that were installed throughout the conservation area. The boardwalk sits on a metal pan at-grade and is assembled in place without the need for heavy equipment and has little disturbance to the area. The construction costs had not been budgeted and so last fall, the Grand Haven at Marsh Cove Homeowners Association contributed a check for $8,500.00 to help cover the costs of the installation of the access trail and move up the construction timeline. The remaining costs will be paid for from the Park Maintenance Capital Outlay budget. Attachment Standard Agreement for Contracted Services with Blackstone Contractors, Inc. Quote and Diagrams Standard Agreement for Contract Services This Agreement ("Agreement") is made on the 18th day of April, 2017, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Blackstone Contractors, Inc., a Minnesota company (hereinafter "Contractor") whose business address is 7775 Corcoran Trail East, Corcoran, MN 55340. 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 270 lineal feet of boardwalk at Edenbrook Conservation Area 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 April 18, 2017. The Work shall be completed by August 1, 2017. 3. Obligations of Contractor. Contractor shall conform to the following obligations: a. Contractor shall provide the materials and services as set forth in Exhibit A. b. Contractor and its employees will park in service areas or lots and use entries and exits as designated by City. Contractor's personnel will contact the appropriate person (i.e. receptionist, maintenance personnel, security, etc,) immediately upon entering the building, and will sign in and out if required by City. c. Care, coordination and communication by Contractor is imperative so that guests and employees in the buildings are not disturbed or inconvenienced during the performance of the contracted services. d. Contractor's personnel must be neat appearing, wear a uniform and 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 $26,460.00 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 Bruce Karvonen to Manage the Work. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the designated manager without the approval of the City. 8. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Contract. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 9. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Standard Agreement for Contract Services 2014.01 Page 2 of 9 Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General Liability $1,500,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products — Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain "stop gap" coverage if Contractor obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. e. All policies, except the Worker's Compensation Policy, shall name the "City of Eden Prairie" as an additional insured on ISO forms CG 20 10 07 04 or CG 20 10 04 13; and CG 20 37 07 04 or CG 20 37 04 13, or their equivalent. f. All policies shall apply on a "per project" basis. g. All polices shall contain a waiver of subrogation in favor of the City. h. All policies shall be primary and non-contributory. i. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Agreement. j. Contractor agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City's written acceptance of the Work. Standard Agreement for Contract Services 2014.01 Page 3 of 9 k. It shall be Contractor's responsibility to pay any retention or deductible for the coveraeges required herein. I. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days' prior notice to the City, except that if the cancellation or non- renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten (10) days' prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor's Work. Upon request a copy of the Contractor's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City's right to enforce the terms of Contractor's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor's Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Standard Agreement for Contract Services 2014.01 Page 4 of 9 Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 10. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 11. Termination. a. This Agreement may be terminated at any time by either party for breach or non- performance of any provision of this Agreement in accordance with the following. The party ("notifying party") who desires to terminate this Agreement for breach or non-performance of the other party ("notified party") shall give the notified party notice in writing of the notifying party's desire to terminate this Agreement describing the breach or non-performance of this Agreement entitling it to do so. The notified party shall have five (5) days from the date of such notice to cure the breach or non- performance. Upon failure of the notified party to do so, this Agreement shall automatically terminate. b. Upon the termination of this Agreement, whether by expiration of the original or any extended term or terms hereof, or for any other reason, Contractor shall have the right, within a reasonable time after such termination to remove from City's premises any and all of Contractor's equipment and other property. Except for liability resulting from acts or omissions of a party, arising, taken or omitted prior to such termination, the rights and obligations of each party resulting from this Agreement shall cease upon such termination. Any prior liability of a party shall survive termination of this Agreement. c. In the event of dissolution, termination of existence, insolvency, appointment of a receiver, assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency law, or the service of any warrant, attachment, levy or similar process involving Contractor, City may, at its option in addition to any other remedy to which City may be entitled, immediately terminate this Agreement by notice to Contractor, in which event, this Agreement shall terminate on the notice becoming effective. 12. Notice. Required notices to the Contractor shall be in writing, and shall be either hand- delivered to the Contractor, its employees or agents, or mailed to the Contractor by certified mail at the following address: Blackstone Contractors, Inc. 7775 Corcoran Trail East Corcoran, MN 55340 Standard Agreement for Contract Services 2014.01 Page 5 of 9 Notices to the City shall be in writing and shall be either hand-delivered or mailed to the City by certified mail at the following address: Bill Olmschenk City of Eden Prairie 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 9 17. Conflicts. No salaried officer or employee of the City and no member of the Council, or Commission, or Board of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the agreement void. 18. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 19. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 20. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 25. Waiver. No action nor failure to act by the City or the Contractor shall constitute a waiver of any right or duty afforded any of them under the Agreement, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 26. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between Standard Agreement for Contract Services 2014.01 Page 7 of 9 the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 27. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager CONTRACTOR By: Its: Standard Agreement for Contract Services 2014.01 Page 8 of 9 Exhibit A 1. Quote from Blackstone Contractors, Inc. 2. Map of new access trial and boardwalk locations 3. Boardwalk Details Standard Agreement for Contract Services 2014.01 Page 9 of 9 B L A C I{ STONE SPECIALTY CONTRACTING co N T R A C .0 0 R 5 , L I. [: 7775Cnrcoran Trail East Phone:763,201.7728 Corm aa,MN 55344 Fax:763.445.2l07 Date: March 31, 2017 To: Bill Clmschenk, Parks Construction Supervisor Re: Edenbrook Conservation Area Boardwalk Quote Blackstone Contractors is pleased to provide the following quote for construction services: • To furnish and supply labor and materials for the 3' wide boardwalk • All labor and materials for boardwalk construction shown on plan detail sheet L2, Boardwalk details, Phase 2, Edenbrook Conservation Area 270 In ft @ 98.00= 26,460.00 • Owner to provide surveying • Excludes Excavation,Surveying,Soil Correction work,Testing, Fencing,Landscaping Price Excludes: Permits, Bonds, Demolition, 5awcutting, and any work not related to the above items. Any alteration or deviation from the above specifications Involving extra cost will be executed only upon written orders and will become an extra charge. All agreements contingent upon strikes,accidents or delays beyond our control. Owner to carry fire,tornado and other necessary insurance upon above work. Note this proposal may be withdrawn by us If not accepted within 10 days, Acceptance of Proposal The above prices,specifications and conditions are satisfactory and hereby accepted. You are authorized to do work as specified. Payment will be outlined in subcontractor agreement. No work will be performed Without a subcontractor agreement. Date: Signature: Respectfully Submitted: Blackstone Contractors LLC Contact: Bruce Karvonen, Estimator/Project Manager, Phone 763.291,7728 City of Eden Prairie may+, f 5 • ''•4 'r •, / .•, 4 .All. o '+R ' r. 1. rt. h rr 1 y(f • ' • .t I,�•� Y. .• '1r' tf' i '4. • • �S''. • 41N +� '` \, .•r cam.._ i-!:ZI. • .-'la'. I # .. .+,` Y •u • " T. ` i' 1 �.�'. - {y�I r f.T 'gin i�4, .. • .. . . I., , ,...,. . ir, , .. 4,;,.! • . 0 ... ,.. It,:_. . • , , ...r.. . ...• ,,k • .4.• . . • 101.11.,7 . . a.1' •.i' Ithie • , 0 ' '' II- - i ' 7 .. .4',! ' .- . Ilk{M �.1 r1 .. 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Vi f...�M u � v , � t l V . ! I a•-- _ti m-`� '� . � � - - =ueb.g.ER.9 .+en Ccerntt.m0: } : c--.- - -_� • , nAtllMSutnare / T. --.....-_ _ `_ ----�. .��=s`� a s.�_ -mot- .=t,' vt wore ratattnc9r �. `".. =r =:?,.-':..yky. - ` -. _ �riJV��rK^ —�� .--..�--=a-_--� �_��, 1�.-``r � :n � .., FURS fiF L LL1l�6!>r �.'i .I [CLLx• : - IITa.R]enema.v T ffa. • a'.�s ..v.r¢a r.WV 1R - _ 'a�miu Aft y.wra Wi5'%Gtmii YfTO.�'L.•�f(•Kaa J .maa vv. I . _ 4. TRCMTWro4rm•. rrea..o._.+.�P..r torn mV.�Yl� �. ...m.0. asv.h.. I I TYPICAL BOARDWALK 1 • 0 AR yi 4I P J�r� _ _ — .�_ L _.._ . Rom.. .:.;TO �»Nocelanalp"�. ,. � n .••_.A :...;-- m m a c.y•Als1-716 mosortlinSrsim j � yy�� e 0 TYPICAL BOARDWALK CROSS SECTION TYP[CsLIOARDWALKELE.VATION ,�. ..- . •ezy I 0 m 0 e R itflfo.1°.mn YEERTrai n.eisreorm E v� ®. - - "iL , i i lJ •� :ter .�a rn,•617MIIN RI. T,�F,,.. ` CI ii Vim. _ ; -�� �...� �a d..mew,m� I r+cra..mm __ .-�=_y= .-- • r L a/ Ree...•Yr4-M. - - F f .1EmWv/I W\.IR.W.}s ai FAIMEN : I h 1 . u ..m.... 4 . .PR *w�'� . .m�.o,rn,oaau. ,..A.,., sMTxa� aI te.ai..am =ti... i+ a� >,.r.rra 7j 0 STEEL FOOTER DETAIL{CROSS SECP[ON) 0 STEEL FOOTER MAIL(PLAN) l=J BOARDWALK RAMP DETAIL CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda April 18, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. #17-5970 ITEM NO.: VIII.H. Dave Modrow Award Contract with Insituform Technologies USA, LLC for the Antler's Ridge Storm Sewer Repair Public Works/Engineering Project Requested Action Move to: Award Contract with Insituform Technologies USA, LLC for the Antler's Ridge Storm Sewer Repair project in the amount of$243,330.00. Synopsis Sealed bids were opened Thursday April 13, 2017 for the Antler's Ridge Storm Sewer Repair project. 2 bids were received and are tabulated along with the Engineer's Estimate as follows: # BIDDER BASE BID BID ALT. 1 ENGINEER'S ESTIMATE $284,675.00 $25,000 1 INSITUFORM TECHNOLOGIES USA, LLC $243,330.00 $35,000 2 LAMETTI AND SONS, INC. $317,685.00 $4,000 Background Information In an ongoing effort to inspect the integrity of the City's critical storm water infrastructure, the storm sewer conveying surface water runoff in the Antler's Ridge neighborhood was discovered to have multiple failures in the PVC pipe wall and corresponding pipe joints. The area adjacent to the storm sewer is off-road, heavily wooded, crosses multiple backyards and traverses a steeply sloped ravine. For these reasons, a low impact trenchless repair solution called Cured In Place Pipe (CIPP) was selected for this repair application. CIPP utilizes the existing storm sewer as a conduit to install a structurally independent and continuous liner. This process eliminates the need for heavy equipment and excavation in these critical areas. Staging for the project will be within the City right of way and existing utility easements with limited off road access and corresponding site restoration needed along the repair corridor. A bid alternate was introduced to receive pricing on an accelerated timeline for completion of a shorter, more critical run. Staff and its consulting engineer recommend awarding the base contract to Insituform Technologies USA. We also recommend rejecting Bid Alternate 1. Funding will be provided via the city's stormwater enterprise fund. Attachments • Attachment 1 —Bid Tabulation • Attachment 2—Engineer's Letter of Recommendation • Attachment 3—Form of Contract Bid Tabulation 04/13/2017 Antler's Ridge Storm Sewer Repair Engineer's Estimate _4_ Insituform Tech USA,LLC Lametti and Sons,Inc. ITEM UNIT TOTAL UNIT TOTAL UNIT TOTAL No. ITEM QTY UNIT PRICE PRICE PRICE _ 1 Mobilization 1 Lump Sum $15,000.00 $15,000.00_ $11,800.00 $11,800.00 $12,000.00 $12,000.00 2 Traffic Control 1 Lump Sum $3,000.00 $3,000.00 $500.00 $500.00 $500.00 $500.00 3 Tree Protection Fence 250 L.F. $5.00 $1,250.00 $4.00 $1,000.00 $5.00 $1,250.00 4 Storm Drain Inlet Protection 3 Each $250.00 $750.00 $180.00 $540.00 $200.00 $600.00 5 Sediment Control Log 450 L.F. $6.00 $2,700.00_ $4.00 $1,800.00 $5.00 $2,250.00 6 Storm Sewer Repair with CIPP Lining- Segment 1 330 L.F. $185.00 $61,050.00_ $133.00 $43,890.00 $195.00 $64,350.00 7 Storm Sewer Repair with CIPP Lining- Segment 2 945 L.F. $185.00 $174,825.00_ $160.00 $151,200.00 $233.00 $220,185.00 8 Temporary Ground Protection Mats 470 S.Y. $15.00 $7,050.00 $40.00 $18,800.00 $5.00 $2,350.00 9 Topsoil Borrow(LV) 150 C.Y. $35.00 $5,250.00 $27.00 $4,050.00 $15.00 $2,250.00 10 Sod 150 S.Y. $8.00 $1,200.00 $9.00 $1,350.00 $5.00 $750.00 11 Turf Reinforcement Mat 1400 S.Y. $9.00 $12,600.00 $6.00 $8,400.00 $8.00 $11,200.00 Base Bid Total $284,675.00 $243,330.00 $317,685.00 Bid Alternate#1 1 Alternate Completion Date for Segment 1 1 Lump Sum $25,000.00 $25,000.00 $35,000.00 $35,000.00 $4,000.00 $4,000.00 Bid Alternate#1 Total $25,000.00 $35,000.00 $4,000.00 HTPO 17-009 Z -I IEngineering Surveying ) 1 Landscape Architecture April 13, 2017 Mr. Dave Modrow, P.E. City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Construction Bids for Antler's Ridge Storm Sewer Repair, I.C. #17-5970 Dear Mr. Modrow: Bids were received and opened at 10:00 a.m. on Thursday, April 13, 2017, for the above referenced project. The bids are shown on the attached Summary of Bids. The Engineer's Estimate for this project was as follows:$284,675.00 for the Base Bid and $25,000.00 for the Bid Alternate #1. The low bidder, Insituform Tech USA, LLC came in 15% below the Engineer's Estimate for the Base Bid with a bid of$243,330.00 and 40%above the Engineer's Estimate for Bid Alternate#1 with a bid of$35,000. Recommendation is made that the City Council awards this project to Insituform Tech USA, LLC in the amount of$243,330.00 for the Base Bid. Bid Alternate#1 is not proposed to be included with this project per direction from the City. This recommendation considers that the City Council reserves the right to waive minor irregularities and further reserves the right to award the contract in the best interests of the City. Sincerely, HANSEN THORP PELLINEN OLSON, INC. et, 7510 Market Place Drive Adam Pawelk, P.E. Eden Prairie, MN 55344 952-829-0700 952-829-7806 fax Enclosures: www.htpo.com Summary of Bids Bid Tabulation HANSEN THORP PELLINEN OLSON, INC. 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 Insituform Technologies USA, LLC 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 Depar liiient referred to in Paragraph IV, as provided by the CITY for: I.C. #17-5970 -Antler's Ridge Storm Sewer Repair CONTRACTOR further agrees to do everything required by this Agreement and the Contract Document. II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in the office of the City Engineer. The aggregate sum of such prices, based on estimated required quantities is estimated to be $ 243,330.00 . III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents. IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents a. Advertisement for Bids b. Instruction to Bidders c. Accepted Proposal d. Contract Agreement e. Contractor's Performance Bond f. Contractor's Payment Bond (2) Special Conditions (3) Detail Specifications (4) General Conditions 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 CITY COUNCIL AGENDA DATE: SECTION: Public Hearings April 18, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.A. Community Kopesky 2nd Addition Development/Planning Janet Jeremiah/Angie Perera Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 4.14 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Change from Rural to R1-13.5 on 4.14 acres; and • Adopt the Resolution for Preliminary Plat on 4.14 acres into eight lots and one outlot; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Synopsis The property is located on the northeast corner of 82nd Street West and Dell Road and is 4.14 acres in size. The site previously included one single-family house and a garage. Both structures were demolished in the fall of 2016 when the well and septic systems were also removed and abandoned. The subject property is currently zoned Rural and is guided for Low Density Residential development in the City's Comprehensive Plan. Low Density Residential allows for a density range between 0-2.5 units per acre. The proposed density for this project is 1.93 units per acre. The request is to rezone the subject property from Rural to R1-13.5. The proposed zoning is consistent with the Comprehensive Plan. The Preliminary Plat proposes a development plan that includes eight single-family residential lots, one outlot, and right-of-way. The proposed outlot will include an existing wetland and buffer area that will be deeded to the City for wetland preservation purposes as recommended by City staff. The plans have been revised to include the correct tree replacement information as required by City Code. The applicant is also requesting approval of a Planned Unit District Review with waivers. The request waivers include the following: 1. Front yard structure setback reduction from 30 feet to 20 feet for Lots 1, 2, and 3. 2. A maximum total cul-de-sac length of 500 feet to 715 feet for the total proposed length of Dove Court. 3. Rear yard structure setback reduction from 20 feet to 15 feet for Lots 1 and 2. 4. Wetland buffer width reduction from 20 feet to 5 feet between Lot 1 and the wetland and along the northern property boundary. The waiver requests are reasonable due to the fact that three of the waivers are necessary as a result of the proposed outlot on the north side of the site and the other two waivers are a result of the over length cul-de-sac which is an existing condition. The outlot is being created for the purpose of protecting the wetland which will be deeded to the city. Background The 120-Day Review Period Expires on June 17, 2017. Planning Commission Recommendation Primary concerns raised during public testimony included proposed covenant restrictions and property values in comparison with the existing covenant restrictions and values of homes in the neighborhood. Other requests for consideration included lowering the proposed density by one less lot and increasing the required front yard setbacks for the lots along W. 82nd Street to a minimum of 35 ft. versus 30 ft. Multiple comments expressed that the plat should be a continuation of the existing neighborhood to the east. The Planning Commission voted 4-1 to recommend approval of the project at the March 27, 2017, meeting. Attachments 1. Ordinance for PUD District Review 2. Resolution for PUD Concept Review 3. Resolution for Preliminary Plat 4. Staff Report dated 03/08/17 5. Staff Report dated 03/24/17 6. Land Use Map 7. Zoning Map 8. Aerial Map 9. Approved Planning Commission Minutes dated 03/13/17 10. Approved Planning Commission Minutes dated 03/27/17 KOPESKY 2ND ADDITION 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 Zoning District _-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 HTPO, 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 Zoning District 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 18th day of April, 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 Legal Description: The West 330 feet of the South Half of the Southwest Quarter of the Northeast Quarter of the Northwest Quarter of Section 18, Township 116, Range 22, Except the South 1 Rod Thereof, Hennepin County, Minnesota. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2017- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF KOPESKY 2ND ADDITION FOR HTPO 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 March 13, 2017, and continued on March 27,2017 on Kopesky 2nd Addition by HTPO 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 April 18, 2017. NOW,THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie,Minnesota, as follows: 1. Kopesky 2nd Addition, 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 March 31, 2017. 3. That the PUD Concept meets the recommendations of the Planning Commission dated March 27, 2017. ADOPTED by the City Council of the City of Eden Prairie this 18th day of April, 2017. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A PUD Concept- KOPESKY 2ND ADDITION Legal Description: The West 330 feet of the South Half of the Southwest Quarter of the Northeast Quarter of the Northwest Quarter of Section 18, Township 116, Range 22, Except the South 1 Rod Thereof, Hennepin County, Minnesota. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2017- RESOLUTION APPROVING THE PRELIMINARY PLAT OF KOPESKY 2ND ADDITION FOR HTPO BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Kopesky 2nd Addition for HTPO stamp dated March 31, 2017, and consisting of 4.14 acres into eight single-family residential lots,one outlot,and right-of-way,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 subject to approval of the 2nd reading of the Ordinance for the Planned Development District Review with waivers and a Zoning District change and approval of the Development Agreement. ADOPTED by the Eden Prairie City Council on the 18th day of April, 2017. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk STAFF REPORT TO: Planning Commission FROM: Angie Perera, Planner I DATE: March 8, 2017 SUBJECT: Kopesky 2nd Addition LOCATION: 18340 82nd St. W. APPLICANT: HTPO OWNER: Les Kopesky 120 DAY REVIEW: Expires June 17, 2017 REQUEST: 1. Planned Unit Development Concept Review with waivers on 4.14 acres 2. Planned Unit Development District Review with waivers on 4.14 acres 3. Zoning District Change from Rural to R1-13.5 on 4.14 acres 4. Preliminary Plat of one lot into eight lots on 4.14 acres BACKGROUND The property is located on the northeast corner of 82nd Street West and Dell Road and is 4.14 acres in size. The site previously included one single-family house and a garage.Both structures were demolished in the fall of 2016 when the well and septic systems were also removed and abandoned. COMPREHENSIVE PLAN & ZONING The subject property is currently zoned Rural and is guided for Low Density Residential development in the City's Comprehensive Plan. Low Density Residential allows for a density range between 0-2.5 units per acre. The proposed density for this project is 1.93 units per acre. The properties located northwest and south of the subject property are zoned R 1-9.5.The properties located west and east of the subject property are zoned R1-13.5, and the area immediately north of the subject property is zoned R1-22. The request is to rezone the subject property from Rural to R1- 13.5. The proposed zoning is consistent with the Comprehensive Plan. SITE PLAN/PRELIMINARY PLAT The Preliminary Plat proposes a development plan that includes eight single-family residential lots, one outlot and right-of-way. Five of the lots will be accessed from Dove Court and three lots will be Staff Report—Kopesky 2"d Addition March 8, 2017 Page 2 accessed from 82nd Street West.The outlot will include an existing wetland and buffer area that will be deeded to the City for wetland preservation purposes as recommended by City staff GRADING, DRAINAGE & UTILITIES The proposed site will be graded to accommodate new residential houses with walkout and lookout lots. A new storm sewer system and two Best Management Practices (BMP's) will be used to provide stormwater management.Permitting will be required from the Riley Purgatory Bluff Creek Watershed District and Minnesota Pollution Control Agency (MPCA) to address stormwater management and erosion/sediment control for the development. The applicant is currently in the permit review process with the Riley Purgatory Bluff Creek Watershed District(RPBCWD). There will be some minor modifications to the grading and utility plan, but no additional tree loss or significant revisions to the plat are expected. There is an existing utility easement across the middle section of the property. This easement contains sanitary sewer and watermain utilities that were established with the residential development to the east of the site. There is an existing wetland on the north side of the property. The wetland and proposed wetland buffer are contained within the proposed Outlot A that will be deeded to the City. A bio-filtration basin is proposed to be located within the buffer; however, it is outside of the minimum 20-foot width. A buffer evaluation report has been submitted. TREE LOSS AND LANDSCAPING PLAN The landscaping and tree replacement plans that have been submitted with this application meet City Code requirements in terms of proposed size, species, and quantities. NEIGHBORHOOD MEETING The applicant held a neighborhood meeting on October 12, 2016. The project proponent indicated that resident comments focused on questions about wetland protection and flooding impacts, construction traffic, development standards for the future houses, and price point/property values. The proponent also noted that residents attending the meeting supported the extension of Dove Court as a cul-de-sac rather than providing a connection to Dell Road. The applicant has further indicated that based on the feedback received from the residents, the Owner has agreed to develop a CCR(Covenant Conditions and Restrictions)document that will be recorded with the lots to aid in neighborhood continuity,size,and material standards.The applicant has also indicated that these standards will be presented to both the City and adjacent property owners for review. Staff Report—Kopesky 2"Addition March 8, 2017 Page 3 PLANNED UNIT DEVELOPMENT WAIVERS The following waivers are requested: 1. Front yard structure setback reduction from 30 feet to 20 feet for Lots 1, 2, and 3. The front yard setbacks for Lots 1-3 are being requested to be reduced to 20 feet from the 30 foot required setback in the R1-13.5 zoning district.This is being requested to avoid wetland impacts and providing the buffer while still allowing a reasonable buildable area for each lot. 2. A maximum total cul-de-sac length of 500 feet to 715 feet for the total proposed length of Dove Court. The total proposed cul-de-sac length of Dove Court is 715 feet. City Code provides for a maximum cul-de-sac length of 500 feet. Extending the cul-de-sac length allows for a continuation of the existing development pattern. 3. Rear yard structure setback reduction from 20 feet to 15 feet for Lots 1 and 2. The rear yard building setbacks for Lots 1 and 2 are proposed to be 15 feet rather than the 20 feet required in the R1-13.5 zoning district. The reduced rear yard setbacks are consistent with the 15 foot structure setback from the proposed wetland buffer. This waiver request is responsive to the existing natural environment and proposed wetland buffer standards. 4. Wetland buffer width reduction from 20 feet to 5 feet between Lot 1 and the wetland and along the northern property boundary. The minimum buffer width is proposed to be 5 feet rather than the 20 feet required by City Code. The reduction to 5 feet along Lot 1 is preferred over a previous plan to fill a portion of the wetland to provide the minimum buffer width. The minimum average buffer width of 40 feet is met and the entire wetland and wetland buffer will be placed in an outlot to protect the wetland. STAFF RECOMMENDATION Recommend approval of the following request: 1. Planned Unit Development Concept Review with waivers on 4.14 acres 2. Planned Unit Development District Review with waivers on 4.14 acres 3. Zoning District Change from Rural to R1-13.5 on 4.14 acres 4. Preliminary Plat of one lot into eight lots on 4.14 acres This is based on plans stamp dated March 3, 2017 and the following conditions: 1) Prior to the City Council public hearing, the applicant shall: Staff Report—Kopesky 2°'Addition March 8, 2017 Page 4 a. Work with City staff to reconsider the location of some of the proposed landscape that is currently being proposed within the BMP's and draining and utility areas and to revise the landscaping plans. b. Trees#24,#53,and#96 have been found to be in good health and should be included in the replacement calculation if removed. The tree inventory chart and tree replacement calculations shall be revised accordingly. c. The grading plan should be revised to remove the private retaining wall from the Dell Road Right of Way located near the northwest corner of Lot 6. 2) The applicant shall be required to obtain required permits from the City of Eden Prairie,the Riley Purgatory Bluff Creek Watershed District, and all other appropriate agencies. 3) Prior to release of the Final Plat, the applicant shall: a. Sign special assessment agreement for City trunk assessments and fees. b. 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: 1) Describe the long term private maintenance or replacement agreement for the retaining walls. 2) Insertion of language in the documents that relinquishes the City of Eden Prairie from maintenance or replacement of the private retaining walls. 4) Prior to land alteration permit issuance, the proponent shall: a. Submit detailed storm water runoff, wetland, utility, street and erosion control plans for review and approval by the City Engineer. b. Submit a tree replacement letter of credit or escrow surety equivalent to 150% of the cost of the landscaping. c. Obtain and provide documentation of Watershed District approval. d. Notify the City and Watershed District 48 hours in advance of grading. e. Install erosion control at the grading limits of the property for review and approval by the City. £ Install tree protection fencing at the grading limits of the property for review and approval by the City. 5) Prior to building permit issuance for the property, the applicant shall: a. Pay the park dedication fees. Staff Report—Kopesky 2°'Addition March 8, 2017 Page 5 6) The following waivers have been granted through the PUD District Review for the property: a. Front yard structure setback reduction from 30 feet to 20 feet for Lots 1, 2, and 3. b. A maximum total cul-de-sac length of 500 feet to 715 feet for the total proposed length of Dove Court. c. Rear yard structure setback reduction from 20 feet to 15 feet for Lots 1 and 2. d. Wetland buffer width reduction from 20 feet to 5 feet between Lot 1 and the wetland and along the northern property boundary. STAFF REPORT TO: Planning Commission FROM: Angie Perera, Planner I DATE: March 24, 2017 SUBJECT: Kopesky 2nd Addition LOCATION: 18340 82nd St. W. APPLICANT: HTPO OWNER: Les Kopesky 120 DAY REVIEW: Expires June 17, 2017 REQUEST: 1. Planned Unit Development Concept Review with waivers on 4.14 acres 2. Planned Unit Development District Review with waivers on 4.14 acres 3. Zoning District Change from Rural to R1-13.5 on 4.14 acres 4. Preliminary Plat of one lot into eight lots on 4.14 acres BACKGROUND At the March 13,2017 meeting,the Planning Commission reviewed the application,opened a public hearing, and approved a motion to continue the public hearing for this item to the March 27, 2017 meeting. The purpose of this continuance is to allow the applicant time to provide a copy of the proposed covenant restrictions, and revise the plans to consider further emphasis on tree preservation, grading, lot size and configuration and setbacks. REVISED PLANS & STAFF ANALYSIS The plans have been revised to include updates to the tree replacement plan, revisions to the proposed species, and saving additional trees which also reduced the amount of tree replacement required for this project.After working with staff,five additional trees in good or fair condition are now being saved,one of those being a Heritage Tree. Revisions have also been made to the grading plan to remove a portion of the existing retaining wall within the Dell Road right-of-way adjacent to Lots 3 and 6 as previously recommended by staff.As a result of these changes,alterations have also been made to the proposed water and sewer utilities and bio-filtration basins. The applicant has indicated that the proposed BMP#3 and#4 and associated rock trenches on the east side of the site,have been added to the revised plans as a result of preliminary review comments received by Riley Purgatory Bluff Creek Watershed District. These specific improvements shall be required to be owned and maintained privately and not by the City. Staff Report—Kopesky 2"Addition March 24, 2017 Page 2 Staff has analyzed the setbacks of the existing homes and found that the average setback is 34 feet for the homes located on the north side of W. 82"d Street and an average setback of 30 feet for the homes located on the south side of W. 82"d Street. As for the proposed lot sizes, all of the lots meet or exceed the minimum lot size requirement of 13,500 sq. ft. During the public hearing at the March 13th Planning Commission meeting, there was some discussion regarding the consideration for additional street lighting at the end of the cul-de-sac of Dove Court. A street light should be added in the cul-de-sac of Dove Court,this street light will be the responsibility of the Developer. City staff will reach out to existing residents that live near the current end of Dove Court regarding the potential addition of another street light at that location. If a street light is desirable at this location, installation of both lights should occur at the same time. PLANNED UNIT DEVELOPMENT WAIVERS The following waivers are requested: 1. Front yard structure setback reduction from 30 feet to 20 feet for Lots 1, 2, and 3. The front yard setbacks for Lots 1-3 are being requested to be reduced to 20 feet from the 30 foot required setback in the R1-13.5 zoning district.This is being requested to avoid wetland impacts and providing the buffer while still allowing a reasonable buildable area for each lot. 2. A maximum total cul-de-sac length of 500 feet to 715 feet for the total proposed length of Dove Court. The total proposed cul-de-sac length of Dove Court is 715 feet. City Code provides for a maximum cul-de-sac length of 500 feet. Extending the cul-de-sac length allows for a continuation of the existing development pattern. 3. Rear yard structure setback reduction from 20 feet to 15 feet for Lots 1 and 2. The rear yard building setbacks for Lots 1 and 2 are proposed to be 15 feet rather than the 20 feet required in the R1-13.5 zoning district. The reduced rear yard setbacks are consistent with the 15 foot structure setback from the proposed wetland buffer. This waiver request is responsive to the existing natural environment and proposed wetland buffer standards. 4. Wetland buffer width reduction from 20 feet to 5 feet between Lot 1 and the wetland and along the northern property boundary. The minimum buffer width is proposed to be 5 feet rather than the 20 feet required by City Code. The reduction to 5 feet along Lot 1 is preferred over a previous plan to fill a portion of the wetland to provide the minimum buffer width. The minimum average buffer width of 40 feet is met and the entire wetland and wetland buffer will be placed in an outlot to protect the wetland. Staff Report—Kopesky 2°'Addition March 24, 2017 Page 3 STAFF RECOMMENDATION Recommend approval of the following request: 1. Planned Unit Development Concept Review with waivers on 4.14 acres 2. Planned Unit Development District Review with waivers on 4.14 acres 3. Zoning District Change from Rural to R1-13.5 on 4.14 acres 4. Preliminary Plat of one lot into eight lots on 4.14 acres This is based on plans stamp dated March 23, 2017 and the following conditions: 1) Prior to the City Council public hearing, the applicant shall revise the plans to reflect the correct tree replacement calculations. The tree replacement calculations included in the revised plans are incorrect and will need to be updated to reflect the correct totals and the correct tree replacement of 91 caliper inches. 2) The applicant shall be required to continue working with city staff regarding further consideration of additional street lighting on Dove Court. 3) The applicant shall be required to obtain required permits from the City of Eden Prairie,the Riley Purgatory Bluff Creek Watershed District, and all other appropriate agencies. 4) Prior to release of the Final Plat, the applicant shall: a. Sign special assessment agreement for City trunk assessments and fees. b. 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: 1) Describe the long term private maintenance or replacement agreement for the retaining walls. 2) Insertion of language in the documents that relinquishes the City of Eden Prairie from maintenance or replacement of the private retaining walls. 5) Prior to land alteration permit issuance, the proponent shall: a. Submit detailed storm water runoff, wetland, utility, street and erosion control plans for review and approval by the City Engineer. b. Submit a tree replacement letter of credit or escrow surety equivalent to 150% of the cost of the landscaping. c. Obtain and provide documentation of Watershed District approval. d. Notify the City and Watershed District 48 hours in advance of grading. e. Install erosion control at the grading limits of the property for review and approval by the City. f. Install tree protection fencing at the grading limits of the property for review and approval by the City. Staff Report—Kopesky 2°'Addition March 24, 2017 Page 4 5) Prior to building permit issuance for the property, the applicant shall: a. Pay the park dedication fees. 6) The following waivers have been granted through the PUD District Review for the property: a. Front yard structure setback reduction from 30 feet to 20 feet for Lots 1, 2, and 3. b. A maximum total cul-de-sac length of 500 feet to 715 feet for the total proposed length of Dove Court. c. Rear yard structure setback reduction from 20 feet to 15 feet for Lots 1 and 2. d. Wetland buffer width reduction from 20 feet to 5 feet between Lot 1 and the wetland and along the northern property boundary. Guide Plan Map: Kopesky 2nd Addition Address: 18340 82nd St. W. Eden Prairie, MN 55347 - � - r „, )) , IIP 1______ _ \ 140111 Dell Road I Z \ 4 Schroers Farm Road Dove Court SITE —Mt , j I . Drexel Court Magenta Bay 1 ' ' IF-7\\\\ , 82nd St. W. * # W4aldorf Court *6 4 +41: ille ' Ali' 6, N /11... 44.400, * i_Si- P40 ►• . : n Prairie! Land t ' • il ." -,- Plan 4 . • 2 = -2 30— :_ i!-.1111111 . , Rural Residential 0.10 Units/Acre Neighborhood Commercial N Low Density Residential 0-2.5 Units/Acre 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 -03-06 DATE Revised 0-01-07 E D E N I High Density Residential 10-40 Units/Acre Public/Quasi-Public DATE Revised 02-23-06 DATE Revised 10-01-07 Minor Collect 02 or 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•DHEAM M 2 Office/Public/Open Space Right—Of—Way 440 220 O ogamm�Me mo1 .„®o�o..o.a, o ..0..440 Feet - Industrial CICityLimits Zoning Map: Kopesky 2nd Addition Address: 18340 82nd St. W. Eden Prairie, MN 55347 .00,..ii,11. , ---- , Ilk \iik At410 Dell Road e i * 4W 'III VA II'Schroers Farm RoadIII I 4Dove Court * 1.,- W SITE9 , IIII Drexel Court i , Magenta Bay 416milm , _,`_ 'pi 82ndSt. W. 1114 ____ ___ j$IdOCOUrt..-1.*-- * ' . • "'AFAR - ,..,, .... ,, A** *..I , , i& , -- ----,_----_-_. •si4p 1 _., Cit f I n Prairie ion ng mama* Shoreland Management Classifications N O Rural =C-Reg-Ser Regional Service Commercial =R1-44 One Family-44,000 sf.min. =C-Reg Regional Commercial NE Natural Environment Waters -R1-22 One Family-22,000 sf min. -TC-C Town Center Commercial I RD I Recreational Development Waters 0 R1-13.5 One Family-13,500 sf min. =TC-R Town Center Residential I GD I General Development Waters(Creeks Only) l i -R1-9.5 One Family-9,500 sf min. -TC-MU Town Center Mixed Use ® 100- Year Floodplain =RM-6.5 Multi-Family-6.7 U.P.A.max. 01-2 Industrial Park-2 Acre Min, EDEN =RM-2.5 Multi-Family-17.4 U.P.A.max.O 1-5 Industrial Park- 5 Acre Min. O A-OFC Airport Office =1-Gen General Industrial-5 Acre Min. Up dated through approved Ordinances#26-2008 0 OFC Office I=PUB Public Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE =N-Corn Neighborhood Commercial O GC Golf Course Date:March 1,2009 =C-Corn Community Commercial I=Water In case of discrepency related to a zoning classiffcadon on this zoning map,the ordinance t I V E•w OK K•pe E A M and attached legal description on file at Eden Paine Ciry Center will prevail. =C-Hwy Highway Commercial 0 Right of Way ti A-C Airport Commercial 0 0.075 0.15 Miles m° ��mo..m_.. au_...m.. . ®..g..o.a., ..o... .�,s ..m ,..,,mo, Aerial Map: Kopesky 2nd Addition Address: 18340 82nd St. W. Eden Prairie, Minnesota 55347 ,..7 - -_- - i 1 .- imilp 1 iv ' ill pi, . 49 ,� —4:_e_ ,. _ • 4tr ________— .�Y : •;� ,i. •...,.. 1 „4 P A, '-' - lik } f. Dell Road `'ti illi < .1111 Rift 1. Schroers Farm Road 111 Dove Court *Oil 4',, SITE - t& . 4 . r....1 , litirS ii Drexel Court A V ii'Well Magenta Bay - r---12/IIIIII -1 _ 7:• ram- -�1 82nd St. W. Ir.4* Alki‘‘‘. . : tioti , .. 0-1,. 1. 4,: - -, Waldorf Court --. Av . _iirt,,,, r _ ,_ % .,_ 0 „ .. . ,,, yam- _�' - �,� it°744 1,1 1 0 1 14 Pi t.44".47.4v v.,.\ .(.. '' '-' ati if , - 4141Ir ` 4//f, `y. t ` 'o + " iii)r- -si , f 0 230 460 9.I eel '' APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,MARCH 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 Randy Newton, Assistant 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. Weber was absent and Pieper arrived at the start of the Public Hearing. II. APPROVAL OF AGENDA MOTION: Wuttke moved, seconded by Higgins, to approve the agenda. Motion carried 7-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON FEBRUARY 27, 2017 MOTION: Higgins moved, seconded by Kirk, to approve the Planning Commission Minutes. Motion carried 7-0. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS A. KOPESKY 2 ADDITION Location: 18340 82" St W Request for: • Planned Unit Development Concept Review with waivers on 4.14 acres • Planned Unit Development District Review with waivers on 4.14 acres PLANNING COMMISSION MINUTES March 13, 2017 Page 2 • Zoning District Change from Rural to R1-13.5 on 4.14 acres • Preliminary Plat of one lot into eight lots on 4.14 acres Charlie Howley, Civil Engineer for HTPO and representing the owners, presented the proposal. He gave a brief overview of the project and stated the land is approximately 4 acres. He pointed out this was the last parcel of land to be developed in the area. One of the waivers requested is for the length of the cul-de- sac. Mr. Howley also stated there will be a front yard setback waiver to reduce the 30 feet requirement to 20 feet on several of the lots. They are requesting this waiver to keep the house towards the street to protect the wetlands. The rear setback waivers are just to align the building setbacks. There is also a request to reduce the wetland buffer from 20 feet to 5 feet between Lot 1 and the wetland. Mr. Howley stated they worked hard on saving as many trees as possible, specifically the heritage trees. They did hold a neighborhood meeting on October 12th. Most of what was discussed was the tree impact and the value of the homes, to make sure they were compatible with the neighborhood. Mr. Howley concurred that would happen. He stated the owners have been working with a handful of custom builders. The goal is to have them hit the price point with what is around the neighborhood. Also, the rate of development will occur based on the market. The owners want this to be a good piece of property and are working hard on that, they will not rush the project just to get it done. The owners will have only one custom builder for the 8 lots. Chair Stoltz asked Klima to review the staff report. Klima stated staff recommendation for this project is for approval based on the conditions listed in the staff report. There are three conditions to be addressed before this goes before City Council. Revise the tree replacement plan, work with staff on the landscape species, and revise the grading plan to remove the retaining wall on lot 6. Freiberg asked Mr. Howley how the footprint will fit inside the lot. He stated it appears for lots 1, 2, and 3 the box is too close to the road. Mr. Howley said they look at homes in the area and go by the price point. He said, not being a builder, he did not want to start site planning the lot. There can be some flexibility in where the home can be placed. They would like the future owner and builder to work together on this. Chair Stoltz opened the meeting up for public input. Chris Grote, of 18298 W. 82nd Street and neighbor to the east of this development, stated he wanted to thank the Kopesky's for being great neighbors and he is in favor of the project. He stated there are a few items he wanted to address. He stated one of his concerns is when he moved in around 2000 there were a lot of mature trees in the area. Also, the homes built in 2000 were set back on purpose to protect the large trees in the front yards. In viewing this current proposal, Mr. Grote would like the houses to be in line with the existing ones on 82nd Street. He felt a 50 foot PLANNING COMMISSION MINUTES March 13, 2017 Page 3 setback would be good and would preserve the character of the neighborhood and the trees in the front yards. Mr. Grote said he was pleased to hear about the price point being a concern. He pointed out when he moved in he paid$80,000 for his lot. It appears the proposed lots would be selling for approximately$250,000 and he feels it would be hard to hit this. Mr. Grote wants a successful neighborhood and would ask the developer to be thoughtful with this. He would also like to hear about some of the covenants and restrictions before it goes to City Council. Mr. Grote said, in conclusion, he would like the setback to be pushed back further. Chair Stoltz asked the project proponent to address the setback. Mr. Howley said the setback of 30 feet is from the property line and not the curb line. He pointed out again they want the builder and future homeowner to work together on this. The reasons for some of the setbacks are because the grade in the back yard is high on lot 6, and on lot 8 they are trying to preserve trees in the back yard. In regards to the setbacks on 82nd Street, they are trying to line up with the existing homes. Chris Grote said he would like the homes pushed back 40 feet from the lot line and not the 30 feet which is proposed. He stated he is also aware of the trees on lot 8 and feels the trees in the backyard could still stay if the home was pushed back. He would like to see this handled now versus later. He would like a condition put into place that the house has to be 40-45 feet off the setback line. Kirk asked Klima if there was somewhere in the ordinance where there is an average setback when building new lots. Klima said 40% of a block within a subdivision is developed, the required setback is to be equal or greater than the average of the principal structures on either side. Mark Golenzer, who resides on 18218 Dove Court, said he has a couple of comments in regards to this project. He stated the construction traffic on Dove Court will create a lot of wear and tear on the road and he would like to see repaired when the project is complete. In regards to lighting, he said there are currently only two street lights on Dove Court and he would like to see more put up. Laura Wall, of 18266 Dove Court, said they have not received a draft of the CCR document so they do not know what will be put in the covenant and restrictions. She also commented she finds it hard to believe someone will want to pay$200,000 for a lot and stated she wants her property values to stay the same. Farr said he does not mind the density of the project. He stated this site has a lot of natural resources which has potential. There are only 2 of the 6 heritage trees being saved and he would like to see more of those and the significant trees be saved. He felt a better plan could be put into place. Chair Stoltz asked staff to address the preservation of the trees. Bourne said they have been working with grade and tree loss on this project. They need to make sure PLANNING COMMISSION MINUTES March 13, 2017 Page 4 drainage is working with minimal tree loss. He stated they will continue working with the project proponent to minimize tree loss. Kirk stated drainage seems to be an issue with the project. Bourne concurred drainage was an issue. Poul asked the project proponent about lighting and if more could be put up. Mr. Howley said they do not have a problem adding more street lights. Mr. Howley also commented, in regards to the setbacks for lots 6, 7 and 8, which the 35 feet may not be an issue but 40 feet would. They are trying to balance this so the homeowners could have a back yard. Chair Stoltz asked how far the curb line is from the property line. Mr. Howley said it is approximately 10-12 feet. Higgins wanted clarification about the street lights and when that would occur. Newton said it would not be a problem to put up additional street lights and the project proponent can work with City Staff. Wuttke asked if this was the first project since the tree ordinance came into effect. Klima said it was not; there were two other projects prior to this one. Wuttke asked if the others were as complex as this project in regards to topography and drainage. Klima said one of the projects had double the amount of lots and also had site challenges. Chair Stoltz said he does not want to see this project get rushed. He would like the project proponent to get the CCR document to the homeowners in the neighborhood and work on tree replacement with City Staff. Pieper concurred with Chair Stoltz. Klima said the CCR document is not a document the City enforces. The City reviews the documents to ensure they accurately communicate city responsibilities. She stated the City typically receives the documents before the release of the final plat. Chair Stoltz asked the project proponent if there are CCR documents available. Mr. Howley said there are and they will disperse them. Kirk said he sees three issues with this project; the setback on 82nd Street, the CCR documents and tree replacement. He stated he has a concern with the setback and would like the City to go back and look at this with the project proponent. Chair Stoltz commented there does not seem to be opposition in regards to this project but he would like to see some of these issues addressed before this is approved and would like to have the project proponent come back in two weeks with an updated plan. Klima said that should be a feasible turnaround time since there is some work in progress. Mr. Howley stated he is not happy about a continuance as they would like to keep this project moving. Wuttke asked Klima what the setbacks were for the neighborhood to the east. Klima said it is for 30 feet, which is the minimum. PLANNING COMMISSION MINUTES March 13, 2017 Page 5 Pieper commented homeowners with kids want a backyard so be mindful of this when making adjustments. Chair Stoltz concurred with Pieper. MOTION: Farr moved, seconded by Kirk, to recommend a continuance for Planned Unit Development Concept Review with waivers on 4.14 acres; Planned Unit Development District Review with waivers on 4.14 acres; Zoning District Change from Rural to R1-13.5 on 4.14 acres and Preliminary Plat of one lot into eight lots on 4.14 acres based on plans stamp dated March 3, 2017 and the information included in the staff report dated March 8, 2017. The continuance to the March 27, 2017 Planning Commission Meeting will be for the purpose of further emphasis on tree preservation, grading, lot size and configuration and setbacks. Motion carried 7-1,Wuttke opposing. VII. PLANNERS' REPORT A. MARCH 7 COUNCIL WORKSHOP Klima said in regards to the joint session with the City Council regarding the Aspire Eden Prairie 2040 Comprehensive Plan update, she will send out the presentation link. VIII. MEMBERS' REPORT Pieper said the Community Advisory Committee he was on for the LRT has ended. There will be new committees set up for construction. 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 8:07 p.m. APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,MARCH 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. CALL THE MEETING TO ORDER Vice Chair Pieper called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE—ROLL CALL Freiberg, Poul, Stoltz and Wuttke were absent. IIII. APPROVAL OF AGENDA MOTION: Higgins moved, seconded by Weber, to approve the agenda. Motion carried 5-0. IV. MINUTES A. PLANNING COMMISSION MEETING HELD ON MARCH 13, 2017 MOTION: Higgins moved, seconded by Kirk, to approve the Planning Commission minutes dated March 13, 2017. Motion carried 5-0. V. INFORMATIONAL MEETINGS VI. PUBLIC MEETINGS VII. PUBLIC HEARINGS A. KOPESKY 2 ADDITION (CONTINUED ITEM) PLANNING COMMISSION MINUTES March 27, 2017 Page 2 Location: 18340 82ND St W Request for: • Planned Unit Development Concept Review with waivers on 4.14 acres • Planned Unit Development District Review with waivers on 4.14 acres • Zoning District Change from Rural to R1-13.5 on 4.14 acres • Preliminary Plat of one lot into eight lots on 4.14 acres Charlie Howley, Civil Engineer for HTPO and representing the owners, provided a recap of the project. He stated they are proposing an 8 lot single family home project. This proposal was continued from the March 13th meeting to allow time to revise plans for preservation, grading, lot size and configuration and setbacks. Mr. Howley said the proposed BMP #3 and#4 and rock trenches on the east side of the site have been added to the revised plans. He said they have also revised the landscape plan and because of the revision they were able to save a tree on 82nd street. On Lot 7 they were able to save a heritage tree. The slope was taken out and the area was graded down to remove the retaining wall. On Lots 1 and 2 trees were saved by installing a rock retaining wall. There was also an additional tree saved by the wetland area. Farr asked Mr. Howley to show where the earlier trees were removed from. Mr. Howley showed where the trees were removed. Higgins asked about the streetlights as they were discussed at the last meeting. Mr. Howley said one streetlight was to be put in at the end of the cul-de-sac but the City Staff said to hold off on exact placement. Vice Chair Pieper asked Klima to review the staff report. Klima said the project proponent's plans have been revised to include 5 additional trees being saved, the grading plan changed and some BMP's revised. Staff recommendation is for approval based on conditions listed in the staff report. In regards to the streetlights, staff will discuss placement as part of the final plat is done. Vice Chair Pieper opened the meeting up for public input. Chris Grote, of 18298 W. 82nd Street and neighbor to the east of this development, said he was pleased to hear about the additional discussion regarding the trees. He stated he would like to discuss the trees and the setbacks. In the middle of Lot 7, there are some nice trees and he said he was happy the large tree out front is being saved. Mr. Grote said he was also pleased there was an additional tree saved on Lot 8. He asked when a tree analysis is being done, is it done on a drafting table or do they go out on site. In regards to tree 91, Mr. Grote pointed out this tree is dead which is a problem because that is one of the trees being saved. It is a dangerous tree and should be taken down. Kirk said the City should address tree 91. Bourne said when a plan comes in like this, the trees are labeled. If it is in"poor" condition, such as this one, it is taken out of the calculation. Grote thanked him for the explanation. In regards to the homes on 82nd Street, they were pushed back in order to save the trees in the front yard. He said he PLANNING COMMISSION MINUTES March 27, 2017 Page 3 went out there and measured the distance from his house to the street. He also measured the other homes and they were consistent with an average setback being 35 feet. Mr. Grote said the City should make it a requirement in the plan to be consistent. They should require at least a 35 foot setback in the front yard. In regards to the staff report, the homes on the south side have a 30 foot setback but those homes are not in this development and so the setback for this property should be 35 feet. Vice Chair Pieper asked Klima to comment on Mr. Grote's comments. Klima said the staff analysis indicates an average setback for existing homes on the north side of 82nd Street is 34 feet. If there are questions about how the setbacks are calculated she will be happy to answer them. Farr said the block on Mr. Grote's property have more of an opportunity to have the homes setback because they have deeper lots. He stated his observation is this project is coming down to density and he would like to know the owner's thoughts if there were fewer lots to save the trees. Mr. Howley said he is the engineer for the project and not the owner but he did speak with the developers and they said it would not work to have 7 lots versus 8 and maintain the economics of the project. Cheryl White, of 18281 Dove Court, wanted to clarify not all the homes on 82nd Street are double fronted lots. Only 3 of the 5 are double fronted. Rick Wall, of 18266 Dove Court, said he has some alternatives to this project. The first request would be a lower density on Dove Court. He pointed out if Lot 1 was taken out, it would allow for larger lots. He also questioned the shape of the cul-de-sac and said it would have a more normal shape if Lot 1 was removed and pointed out if there are bigger lots and homes they would be comparable to the ones already on Dove Court. Vice Chair Pieper asked Mr. Howley to address price points. Mr. Howley said the builders are targeting an $800,000 average lot and home total. He also pointed out a lot of 1/3 acre versus 1/2 acre is not going to allow for much greater of a home and 8 lots on this parcel would still maintain the character of the neighborhood. Vice Chair Pieper asked staff to address the roundness of the cul-de-sac. Klima said Rue will address the cul-de-sac but she would like to discuss the lots around the cul-de-sac. She stated the deeding of Outlot A to preserve the wetland is impacting the setbacks for Lots 1 and 2. Rue said this is an off-set cul-de-sac due to topography of the property. He said typically cul-de-sacs have a teardrop design but with this one they are trying to fit this cul-de-sac on the lot. Weber asked if the shape of the cul-de-sac will cause a problem with snow plowing. Rue said the teardrop design allows for a much smoother flow with plows and trucks. PLANNING COMMISSION MINUTES March 27, 2017 Page 4 Weber said there are 5 driveways in this cul-de-sac which he felt was an issue. Rue said there is approximately 300 feet in the cul-de-sac and would not be a concern. Steve Davies, of 18290 Dove Court, stated he moved here for a better quality of life. He said this project sounds like a math problem and it does not take into account quality of life. He would like to discuss in more detail the density of the project and he would like a chance to understand the review process. Vice Chair Pieper asked Klima to respond to the process question. Klima said a public hearing is held at the Planning Commission and City Council levels. After the Planning Commission makes a recommendation, the neighbors will receive a public hearing notice for the hearing at the City Council. Laura Wall, of 18266 Dove Court, asked how many trees could be saved and she wanted to know if the trees to be saved would live through the construction. She asked what plans the builders have to save the trees. She also pointed out, in regards to the covenants and restrictions, they only received a one page draft and she was disappointed there was not more to it. Mrs. Wall also said they did express to Mr. Kopesky they would like the homes to be made of the same stone, stucco and brick currently on Dove Court. Mr. Howley said the tree protection awareness in construction has elevated in the last 20 years. They will install tree protection around trees that will significantly protect the roots. In regards to the CCR, he stated he gave them an overview because the legal document is not completed yet. Vice Chair Pieper asked Bourne to address the trees during construction. Bourne said the project proponent was correct the awareness has increased over 20 years and they are taking steps to save them. Bourne said if a tree is lost or damaged during construction then the tree will be replaced. Vice Chair Pieper asked Klima to discuss the building materials. Klima said the City does not enforce covenant restrictions, but does review the document to make sure the documents accurately address any city concerns. The City does not have building material requirements for the single family zoning districts. Mr. Howley wanted to point out the cul-de-sac was of City standard. Farr asked Bourne to address the City's tree ordinance as it was 20 years ago and can he put it in perspective if this property would be developed back then and would it have been this restrictive. Bourne said the ordinance back then would not have had such an emphasis on heritage trees but would have had some tree replacement. Farr asked if new homeowners wanted, could they or the builders, add trees. Bourne said it is up to the homeowner discretion. PLANNING COMMISSION MINUTES March 27, 2017 Page 5 Mr. Grote said he would like to look at the conditions and said this is the time for change. He asked how the conditions will be enforced once construction starts. He stated no one will be policing the construction and stated the covenants should remove flexibility. He also feels the lot prices are too high. Weber asked Mr. Grote what he wants from the Commission. Mr. Grote said he wants 35 feet setbacks on 82nd Street and to replace tree 9lwith a real tree. He said there are 2 heritage trees on Lot 7 which he wants to make sure are preserved. Cheryl White said she is concerned with the 5 lots in the cul-de-sac and cramming them into the area because it will affect property values. Farr said this is Kopesky's 2nd Addition and should be a neighborhood on its own and not considered Pines 3. Laura Wall said this is an extension of the Pines and their home values will be based on a few 100 yards from where they live. She stated this development is an extension of the Pines. Kirk said one difficult item from this development and Pines 2 is 17 years. He pointed out we should not try and duplicate this development to look like the Pines and said the Commission can just try and be consistent. It is all about balance; what the City wants, want the developers want, and what the neighbors want. The Commission will hear the homeowners input and try and balance everything out. Higgins asked about the 35 foot setbacks and if the builder comes up with a design to move the home back further would it be possible? Klima said the setback requirements are the minimum allowed. This property is zoned as R1- 13.5, which is 30 feet,but the tree preservation is based on grading which will be taken into consideration. Steve Davies said if the lot prices are not realistic than they will not sell and what will go in there is a cheaper house in the area. Farr asked Mr. Kopesky if he would proceed with the project if there were 7 lots versus 8 lots. Wayne Kopesky said he and his brother are looking at 6 builders right now and will select only one to build this project out. The homeowner will work with the builder to design the home they want. The builders said there should not be a problem selling the land because of the scarcity of land in Eden Prairie. He and his brother are closely monitoring the project and development. Weber said he feels this is more of a 7 lot development. Vice Chair Pieper asked if they could do 8 lots and not deed any land to the City. Klima said 3 of the 4 waivers are related to the wetland preservation and deeding of the outlot. Vice Chair Pieper asked if the wetland could be filled in. Klima PLANNING COMMISSION MINUTES March 27, 2017 Page 6 said it is the City's preference to maintain and preserve wetland acres. Higgins said this is an unusual lot area and she does have confidence in City staff in regards to this project. Higgins also pointed out the City Council is also an opportunity for homeowners to come forward. She stated if we try and tie this up too much, things may just stall. Higgins said she would like this to move forward to the City Council. Kirk said, in general, he is in favor of the development and is in favor of the 8 lots and concurs with Higgins in regards to the City staff and to trust in their knowledge. Kirk said the only issue he has is the covenants are not complete but he does not feel it should hinder the project. Farr said he thought the applicant responded to requests for trees and he does not have an issue with the setbacks. He also wanted to re-iterate this is not an extension of the Pines Development and we have to recognize the owner does have rights and we need to rely on the City's expertise and trust in their judgement. Vice Chair Pieper said he was in favor of the project as well. MOTION: Kirk moved, seconded by Farr, to close the public hearing. Motion carried 5-0. MOTION: Kirk moved, seconded by Farr, to recommend approval with conditions as recommended by staff for Planned Unit Development Concept Review with waivers on 4.14 acres; Planned Unit Development District Review with waivers on 4.14 acres; Zoning District Change from Rural to R1-13.5 on 4.14 acres and Preliminary Plat of one lot into eight lots on 4.14 acres based on plans stamp dated March 23, 2017 and the information included in the staff report dated March 24, 2017. Motion carried 4-1,Weber opposing. VIII. PLANNERS' REPORT A. PARKS INFORMATOIN Klima said as part of the Aspire Eden Prairie 20140 Comprehensive Plan update, staff will bring forward topics for the Commission to discuss. Tonight's topic is Parks. Bourne presented information on the Parks and provided a PowerPoint. He stated in 2003 the City went through a Park and Open Space plan, looking at demographics of the City to see what the future needs would be. They took into account such things as needs, demands,policies and water resources. In 2009, a Comprehensive Plan was developed. In the Aspire Eden Prairie 2040 plan, the intention is to create a stand-alone chapter covering parks, trails, and open spaces PLANNING COMMISSION MINUTES March 27, 2017 Page 7 and take into account how we are using the space; is it used to serve the needs of all the residents. The new land maps will be used to evaluate the need for parks in high density areas and better define areas which need to be protected. The trail and sidewalk needs will also be updated and funding mechanisms for park improvements will be addressed. Higgins said she viewed the Aspire website today and saw a topic people could comment about and also the ability to comment on other feedback and questioned if this did not exist in 2009 and will there be seeing more interactive opportunities. Klima said the City has hired a consulting firm and there are also four areas of the City they will be looking at for feedback. The City wants the community engagement portion of this process to be more dynamic this time around and will also be including focus groups. The intention is to have community engagement and to make this more of an interactive experience. Kirk said the parks in Eden Prairie should have its own chapter. Farr asked what the City's initiative is in engaging the river. Bourne said the City only owns a small part of the river front, most of it is privately owned or owned by the Fish and Wildlife Administration. IX. MEMBERS' REPORT X. CONTINUING BUSINESS XI. NEW BUSINESS XII. ADJOURNMENT MOTION: Weber moved, seconded by Kirk, to adjourn the Planning Commission meeting. Motion carried 5-0. Vice Chair Pieper adjourned the meeting at 9:16 p.m. CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims April 18, 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 252510 - 252761 Wire Transfers 1016635 - 1016738 Wire Transfers 6074 - 6088 Purchasing Card 6075 City of Eden Prairie Council Check Summary 4/18/2017 Division Amount Division Amount -1,736 304 Senior Board 44 100 City Manager 1,377 308 E-911 604 101 Legislative 523 315 Economic Development 33,621 110 City Clerk 1,113 445 Cable PEG 1,079 111 Customer Service 2,787 502 Park Development 6,704 112 Human Resources 488 509 CIP Fund 59,921 113 Communications 346 530 Pool Upgrade/Expansion 438,602 114 Benefits&Training 2,298 536 General LRT 22,344 130 Assessing 8,451 804 100 Year History 211 131 Finance 2,488 Total Capital Projects Fund 563,130 132 Housing and Community Services 8,737 133 Planning 1,026 601 Prairie Village Liquor 76,174 136 Public Safety Communications 3,579 602 Den Road Liquor 125,741 137 Economic Development 42 603 Prairie View Liquor 94,056 138 Community Development Admin. 143 605 Den Road Building 439 151 Park Maintenance 19,275 701 Water Enterprise Fund 72,423 153 Organized Athletics 1,913 702 Wastewater Enterprise Fund 9,333 154 Community Center 28,810 703 Stormwater Enterprise Fund 44,918 156 Youth Programs 670 Total Enterprise Fund 423,084 157 Special Events 105 158 Senior Center 3,983 316 WAFTA 925 159 Recreation Administration 14,185 802 494 Commuter Services 19,324 162 Arts 1,344 803 Escrow Fund 139,552 163 Outdoor Center 634 806 SAC Agency Fund 36,530 168 Arts Center 1,197 807 Benefits Fund 727,967 180 Police 19,332 811 Property Insurance 1,000 184 Fire 30,238 812 Fleet Internal Service 72,994 186 Inspections 1,963 813 IT Internal Service 103,685 200 Engineering 333 815 Facilites Operating ISF 36,861 201 Street Maintenance 14,593 816 Facilites City Center ISF 37,418 202 Street Lighting 1,354 817 Facilites Comm.Center ISF 61,548 Total General Fund 171,590 Tota Internal Svc/Agency Fund 1,237,804 301 CDBG 17,579 Report Total 3,496,635 Total Special Revenue Fund 17,579 433 2007A Facility Lease-3rd Rink 1,077,247 439 G.O.Refunding Bonds 2011C 3,100 440 GO Perm Impr Ref Bonds 2011D 3,100 Total Debt Service Fund 1,083,447 City of Eden Prairie Council Check Register by GL 4/18/2017 Check# Amount Supplier/Explanation Account Description Business Unit Comment 6088 1,077,247 WELLS FARGO CORPORATE TRUST SERVICES Interest 2007A Facility Lease-3rd Rink Wells Fargo Lease Revenue Bonds 252741 438,602 RJM CONSTRUCTION INC Building Aquatics&Fitness Expansion EP Aquatics addition 252696 273,724 HEALTHPARTNERS Medical/Dental Premiums Health and Benefits Premiums April 2017 6081 246,897 ULTIMATE SOFTWARE GROUP,THE Federal Taxes Withheld Health and Benefits Payroll Taxes 6079 163,156 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA 6076 134,000 COMMUNITY HOUSING DEVELOPMENT CORP Deposits Escrow Repay app fee for Prairie Meadows 6075 51,602 US BANK Other Revenue Water Distribution 1016663 41,041 LOGIS LOGIS IT Operating 1016723 40,090 MINNESOTA DIRT WORKS INC Improvements to Land Capital Maint.&Reinvestment 1016726 37,426 MTI DISTRIBUTING INC Machinery&Equipment Park Maintenance 1016656 36,963 CENTERPOINT ENERGY SERVICES INC Gas Water Treatment 252714 36,083 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund 252756 34,474 ULTIMATE SOFTWARE GROUP,THE Ultimate(prey.Ceridian) IT Operating 252704 32,481 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 252515 30,854 BLACKSTONE CONTRACTORS LLC Improvement Contracts Stormwater Non-Capital 1016679 27,445 VIKING ELECTRIC SUPPLY Supplies-Electrical Capital Maint.&Reinvestment 252686 25,000 EXECUTIVE TITLE Other Contracted Services TIF-EDEN SHORES SENIOR HOUSING 6083 23,594 EMPOWER Deferred Compensation Health and Benefits 252713 22,344 METRO TRANSIT Design&Engineering General LRT 1016714 22,304 DIVERSE BUILDING MAINTENANCE Janitor Service Prairie Village Liquor Store 252511 20,917 ABM ONSITE SERVICES-MIDWEST Tenant 1-Cleaning Suppli City Hall-CAM 252569 20,296 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 252732 18,710 PRAIRIE PARTNERS SIX LLP Waste Disposal Prairie Village Liquor Store 252710 18,224 MANSFIELD OIL COMPANY Motor Fuels Water Treatment 252749 17,302 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 6082 17,196 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 1016715 16,600 ESRI Software Maintenance IT Operating 252703 15,882 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 252690 15,525 GENERAL OFFICE PRODUCTS COMPANY Capital Under$25,000 FF&E-Furn,Fixtures&Equip. 1016669 15,073 PRAIRIE ELECTRIC COMPANY Equipment Repair&Maint Public Safety Communications 1016651 15,015 ADVANCED ENGINEERING&ENVIRONMENTAL SE Process Control Services Water Treatment 6074 14,933 I-494 CORRIDOR COMMISSION Deposits 494 Corridor Commission 1016732 14,918 THORPE DISTRIBUTING Liquor Product Received Prairie View Liquor Store 252733 14,683 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 6077 14,480 US BANK-CREDIT CARD MERCHANT ONLY Bank and Service Charges Finance 252669 14,241 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie View Liquor Store 252561 14,185 HOUSE OF PRINT Printing Community Brochure 252568 14,021 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 252519 13,872 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Den Road Liquor Store 1016660 13,523 HANSEN THORP PELLINEN OLSON Other Contracted Services Stormwater Capital 252606 12,919 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 6084 11,830 RADIANT SYSTEMS Bank and Service Charges Prairie View Liquor Store 252677 9,836 DATALINK Hardware-Rpr&Mtc IT Operating 1016648 9,328 WENCK ASSOCIATES INC Design&Engineering Stormwater Non-Capital 252587 9,013 NAC Building Repair&Maint. City Hall-CAM 252553 8,538 GRAYMONT Treatment Chemicals Water Treatment 252670 8,482 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie View Liquor Store 252735 8,375 PROP Other Contracted Services Housing and Community Service Check# Amount Supplier/Explanation Account Description Business Unit Comment 252542 8,138 EARL F ANDERSEN INC Signs Traffic Signs 1016676 7,898 THORPE DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 1016665 7,763 METRO SALES INCORPORATED* Other Rentals IT Operating 252737 6,726 PROP Refunds CDBG-Public Service 252730 6,284 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 252751 6,200 SPRINGSTED INCORPORATED Other Contracted Services GO Perm Impr Ref Bonds 2011D 252748 5,500 SOUTHDALE YMCA Refunds CDBG-Public Service 1016725 5,376 MOTOROLA Other Assets Capital Maint.&Reinvestment 252518 5,350 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Den Road Liquor Store 252736 5,223 PROP Refunds CDBG-Public Service 252724 4,915 NORTHLAND MECHANICAL CONTRACTORS Equipment Repair&Maint Water Treatment 252711 4,875 MBFTE Dues&Sub-Cert&Licensing Fire 252512 4,742 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 1016695 4,741 METROPOLITAN FORD Equipment Repair&Maint Fleet Operating 252549 4,466 GENERAL OFFICE PRODUCTS COMPANY Capital Under$25,000 FF&E-Furn,Fixtures&Equip. 252595 4,411 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 252514 4,403 BIG ATHLETICS Deposits Escrow 252547 4,000 FULLY INVOLVED Conference/Training Fire 252658 3,998 ABM ONSITE SERVICES-MIDWEST Janitor Service Utility Operations-General 252681 3,983 DEPT OF EMPLOYMENT/ECONOMIC DEVELOPMENT Interest Economic Development Fund 6086 3,879 SAGE PAYMENT SOLUTIONS Bank and Service Charges Wastewater Accounting 252662 3,846 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 252698 3,559 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 252551 3,396 GLOBAL KNOWLEDGE TRAINING LLC Conference/Training IT Operating 1016730 3,378 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Supply(Wells) 252688 3,367 FIRE SAFETY USA INC Equipment Repair&Maint Fire 1016709 3,217 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 252700 3,177 IMPACT PROVEN SOLUTIONS Other Contracted Services Water Conservation 252614 2,983 VELOCITY STREETWEAR INC Operating Supplies-Dept Events Fire 252687 2,958 FERGUSON WATERWORKS Small Tools Water Distribution 252722 2,938 NAC Contract Svcs-Plumbing Fire Station#2 1016704 2,937 VINOCOPIA Liquor Product Received Prairie View Liquor Store 1016735 2,855 WALL TRENDS INC Contract Svcs-General Bldg Ice Arena Maintenance 252594 2,761 PAUSTIS&SONS COMPANY Liquor Product Received Den Road Liquor Store 1016683 2,750 XCEL ENERGY Electric Prairie Village Liquor Store 252761 2,643 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 1016646 2,626 VAN PAPER COMPANY Cleaning Supplies City Center Operations 1016717 2,552 FORCE AMERICA Equipment Parts Fleet Operating 252616 2,528 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 6085 2,523 AMERICAN EXPRESS Bank and Service Charges Finance 252598 2,500 PRINT SOURCE MINNESOTA Advertising Prairie Village Liquor Store 252546 2,471 FIRE SAFETY USA INC Equipment Repair&Maint Fire 252559 2,324 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 252666 2,315 BERNICK'S WINE Liquor Product Received Prairie View Liquor Store 1016661 2,295 INTERSTATE POWER SYSTEMS INC Maintenance Contracts Fleet Operating 252584 2,244 MOBILE RADIO ENGINEERING INC Equipment Repair&Maint Public Safety Communications 1016682 2,201 WINE COMPANY,THE Liquor Product Received Den Road Liquor Store 1016703 2,105 VAN PAPER COMPANY Cleaning Supplies Fitness/Conference-Cmty Ctr 1016713 2,050 CONCRETE CUTTING&CORING INC Capital Under$25,000 Street Maintenance 252706 2,029 LAKELAND ENGINEERING EQUIP CO Machinery&Equipment Park Acquisition&Development 1016718 1,920 GENUINE PARTS COMPANY Repair&Maint.Supplies Fleet Operating 252565 1,904 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits Check# Amount Supplier/Explanation Account Description Business Unit Comment 252524 1,880 CENTURY COLLEGE Conference/Training Fire 252738 1,853 RED WING SHOE STORE Clothing&Uniforms Utility Operations-General 252610 1,840 TKO WINES,INC Liquor Product Received Den Road Liquor Store 252562 1,820 IAFC Dues&Subscriptions Fire 252729 1,791 PAUSTIS&SONS COMPANY Liquor Product Received Prairie View Liquor Store 1016647 1,756 VINOCOPIA Liquor Product Received Den Road Liquor Store 252563 1,754 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 252712 1,725 MEDICINE LAKE TOURS Special Event Fees Trips 1016722 1,717 METRO ELEVATOR INC Contract Svcs-Elevator City Hall-CAM 252759 1,635 VESSCO INC Equipment Parts Water Treatment 252744 1,616 ROTO ROOTER SERVICES COMPANY Contract Svcs-Plumbing Fire Station#2 252692 1,562 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Concessions 1016705 1,535 WICKSTROM,SHERRY BUTCHER Travel Expense City Council 1016649 1,531 YOUNGSTEDTS COLLISION CENTER Equipment Repair&Maint Fleet Operating 252517 1,514 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store 252545 1,450 ETHICAL LEADERS IN ACTION LLC Other Contracted Services Fire 252537 1,408 CORPORATE TECHNOLOGIES Deposits 494 Corridor Commission 1016707 1,396 ANCHOR PAPER COMPANY Office Supplies Police 252757 1,394 UNIFORMS UNLIMITED Clothing&Uniforms Police 252746 1,378 SIGNSOURCE Contract Svcs-Gen.Bldg City Center Operations 1016712 1,376 CENTERPOINT ENERGY Gas Wastewater Lift Station 252538 1,350 CRAIG RAPP,LLC Conference/Training Administration 252554 1,327 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Prairie View Liquor Store 1016635 1,321 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Fire 1016657 1,275 DREW'S CONCESSIONS LLC Merchandise for Resale Concessions 1016664 1,236 MENARDS Operating Supplies Police 252513 1,225 BERNICK'S WINE Liquor Product Received Den Road Liquor Store 252566 1,215 INTERTECH INC Contract Development IT Operating 1016710 1,197 BOYER TRUCKS Equipment Parts Fleet Operating 1016736 1,145 WINE COMPANY,THE Liquor Product Received Prairie View Liquor Store 252718 1,140 MINNESOTA SAFETY SERVICES LLC Instructor Service Pool Lessons 1016659 1,132 GRAINGER Repair&Maint.Supplies Fleet Operating 1016639 1,131 GUNNAR ELECTRIC CO INC Other Contracted Services Street Lighting 1016701 1,085 THE OASIS GROUP Employee Assistance Organizational Services 1016720 1,079 GRANICUS INC Equipment Repair&Maint Cable PEG 252579 1,071 METRON-FARNIER LLC Machinery&Equipment Water Metering 1016684 1,068 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie Village Liquor Store 252526 1,058 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 252705 1,046 KEEPRS INC. Clothing&Uniforms Animal Control 252708 1,000 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 252682 994 EARL F ANDERSEN INC Signs Traffic Signs 252755 941 TRUE FABRICATIONS Liquor Product Received Prairie View Liquor Store 252574 925 LEAGUE MN CITIES INS TRUST Insurance WAFTA 252672 868 CENTURYLINK Telephone IT Telephone 252521 815 CALIFORNIA CONTRACTORS SUPPLIES INC Operating Supplies Water Distribution 252520 805 BROTHERS FIRE PROTECTION Contract Svcs-Fire/Life/Safe Den Road Liquor Store 252740 784 RINK SYSTEMS INC Repair&Maint-Ice Rink Ice Arena Maintenance 252617 764 YORKTOWN OFFICES Deposits 494 Corridor Commission 1016645 748 ROTO-ROOTER Contract Svcs-Plumbing City Hall-CAM 1016721 727 MENARDS Small Tools Street Maintenance 252602 720 SHAMROCK TOURS Special Event Fees Trips 1016688 715 BOUNDLESS NETWORK Operating Supplies Community Center Admin Check# Amount Supplier/Explanation Account Description Business Unit Comment 252603 700 SHIRAZI ELHAM Deposits 494 Corridor Commission 252591 693 OLSEN'S EMBROIDERY/COMPANY Safety Supplies Fleet Operating 252560 671 HOPKINS SCHOOL DISTRICT ISD270 Fiber Lease Payments IT Operating 1016653 664 BANK BEER CO Liquor Product Received Den Road Liquor Store 1016691 664 CASE,RON Travel Expense Finance 252548 661 GARELICK STEEL CO INC Equipment Parts Fleet Operating 1016677 646 TOWMASTER INC Equipment Parts Fleet Operating 1016737 612 XCEL ENERGY Electric Forest Hills Park 252753 597 TASER INTERNATIONAL Operating Supplies Police 252592 588 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire 1016667 586 NUCO2 INC Contract Svcs-Pool Pool Maintenance 252558 564 HENNEPIN COUNTY FT DEPT Software Maintenance IT Operating 252609 545 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 1016654 533 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 1016694 531 GREENSIDE INC Contract Svcs-Snow Removal Fire Station#1 252731 527 PLANT&FLANGED EQUIPMENT Machinery&Equipment Park Acquisition&Development 1016734 507 VISTAR CORPORATION Merchandise for Resale Concessions 252693 500 GREYSTONE CONSTRUCTION COMPANY Equipment Repair&Maint Fleet Operating 252726 500 PAINTERTAINMENT Special Event Fees Arts Center 252667 498 BLUE TARP FINANCIAL INC Operating Supplies Street Maintenance 252557 497 HEALTHPARTNERS Health&Fitness Fire 252572 488 LAKE COUNTRY DOOR LLC Contract Svcs-General Bldg Fire Station#3 1016641 477 MINNESOTA CLAY CO.USA Operating Supplies Arts Center 1016670 475 PREMIUM WATERS INC Operating Supplies-Water Fire 252675 455 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store 252754 439 TKO WINES,INC Liquor Product Received Den Road Liquor Store 6080 423 ULTIMATE SOFTWARE GROUP,THE Garnishment Withheld Health and Benefits 252576 419 MADISON,MELISSA Deposits 494 Corridor Commission 1016731 415 STREICHERS Clothing&Uniforms Police 252699 403 HOME DEPOT CREDIT SERVICES Supplies-General Bldg Pool Maintenance 252608 400 STAPLES ADVANTAGE Office Supplies Police 252671 389 CAPREF EDEN PRAIRIE LLC Building Rental Housing and Community Service 252516 389 BOUND TREE MEDICAL LLC EMS Supplies-EMS Supplies Fire 252691 381 GRAPE BEGINNINGS Liquor Product Received Prairie Village Liquor Store 252544 380 EDINA CHAMBER OF COMMERCE Deposits 494 Corridor Commission 252600 373 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie Village Liquor Store 252581 370 MINNESOTA SAFETY SERVICES LLC Instructor Service Pool Lessons 1016658 365 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits 1016680 359 WATSON CO INC,THE Merchandise for Resale Concessions 252541 359 E A SWEEN COMPANY Merchandise for Resale Concessions 1016681 355 WICHTERMAN'S LTD Equipment Repair&Maint Fleet Operating 1016637 351 CHEMSEARCH Supplies-Pool Pool Maintenance 252758 345 VERIZON WIRELESS Telephone Park Maintenance 252663 342 ASPEN MILLS Clothing&Uniforms Fire 1016672 336 SHI CORP Hardware-Rpr&Mtc IT Operating 252605 320 SONETICS CORPORATION Equipment Repair&Maint Public Safety Communications 1016708 313 ASPEN EQUIPMENT CO. Equipment Parts Fleet Operating 252583 313 MINVALCO INC Supplies-HVAC Arts Center 252668 308 BOUND TREE MEDICAL LLC EMS Supplies-EMS Supplies Fire 252739 305 RIGHTWAY GLASS INC Equipment Repair&Maint Fleet Operating 252615 305 WATER CONSERVATION SERVICES INC OCS-Utility Locates Water Distribution 1016697 300 PROSOURCE SUPPLY Cleaning Supplies Fitness/Conference-Cmty Ctr Check# Amount Supplier/Explanation Account Description Business Unit Comment 1016655 289 CDW GOVERNMENT INC. Computers-Monitors IT Operating 252570 279 JOHNSTONE SUPPLY Supplies-HVAC Water Treatment 1016724 278 MOOD MEDIA Other Contracted Services Prairie View Liquor Store 252659 273 ACCELERATED TECHNOLOGIES LLC Equipment Repair&Maint Fitness Classes 252536 270 COMMUNITY HEALTH CHARITIES OF MINNESOTA United Way Withheld Health and Benefits 252657 270 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 252552 263 GRAPE BEGINNINGS Liquor Product Received Den Road Liquor Store 252745 262 SCHERER BROTHERS LUMBER CO Repair&Maint.Supplies Park Maintenance 1016693 260 GOOD,JAMIE Clothing&Uniforms Police 252525 256 CENTURYLINK Telephone E-911 Program 252599 254 PROP United Way Withheld Health and Benefits 252575 250 LUTHY SANDBLASTING&PAINTING INC Equipment Repair&Maint Fleet Operating 1016668 240 PARLEY LAKE WINERY Liquor Product Received Den Road Liquor Store 1016700 237 SITEONE LANDSCAPE SUPPLY,LLC Equipment Repair&Maint Park Maintenance 1016733 235 UPS Postage Planning 252684 232 EDEN PRAIRIE NOON ROTARY CLUB Dues&Subscriptions Housing and Community Service 1016702 229 TOLL GAS AND WELDING SUPPLY Operating Supplies Fleet Operating 252721 225 MUEHLBAUER,THOMAS G Other Contracted Services Community Band 1016686 225 BERRY COFFEE COMPANY Merchandise for Resale Concessions 252750 224 SOUTHWEST NEWS MEDIA Employment Advertising Organizational Services 252596 216 PK BLOODY MARY CORP Liquor Product Received Prairie View Liquor Store 252585 215 MRA-THE MANAGEMENT ASSOCIATION Other Contracted Services Organizational Services 252531 213 COMCAST Cable TV Fire 252715 206 MIDWEST COCA COLA BOTTLING COMPANY Liquor Product Received Prairie Village Liquor Store 1016671 202 SHERWIN WILLIAMS CO Repair&Maint.Supplies Park Maintenance 252734 200 PRATT RILEY Operating Supplies Outdoor Center 1016644 196 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 1016719 194 GINA MARIAS INC Operating Supplies Police 252564 193 INDUSTRIAL AND RESIDENTIAL LIGHTING INC Repair&Maint.Supplies Water Treatment 252571 193 KEEPRS INC. Clothing&Uniforms Fire 252567 192 JERRY'S ENTERPRISES INC Repair&Maint.Supplies Water Distribution 252742 191 ROOTSTOCK WINE COMPANY Liquor Product Received Den Road Liquor Store 1016696 188 MPX GROUP,THE Printing Police 1016729 183 SCHWAB VOLLHABER LUBRATT SERVICE CORO Supplies-HVAC Fitness/Conference-Cmty Ctr 252656 180 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 1016698 167 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 252685 166 ENKI BREWING COMPANY INC Liquor Product Received Prairie Village Liquor Store 252593 164 PAPCO INC Cleaning Supplies Fitness/Conference-Cmty Ctr 252760 160 WACONIA BREWING COMPANY Liquor Product Received Prairie View Liquor Store 252630 159 GEHRTS CHRIS AR Utility Water Enterprise Fund 1016678 157 UPS Postage Human Resources 252533 155 COMCAST Equipment Repair&Maint E-911 Program 252555 155 GRUBER ACCOUNTING Deposits 494 Corridor Commission 252709 155 LIBERTY COMFORT SYSTEMS Mechanical Permits General Fund 252550 155 GLOBAL EQUIPMENT COMPANY Small Tools Arts Center 252611 151 TRUCK UTILITIES MFG CO Equipment Parts Fleet Operating 252638 150 LADDHA VISHAL AR Utility Water Enterprise Fund 1016716 149 FASTSIGNS Operating Supplies Ice Show 1016728 145 OSI BATTERIES INC Operating Supplies Traffic Signs 1016636 145 CARLSTON,BRANDON Tuition Reimbursement/School Organizational Services 252639 143 MATTSON ANDREW AR Utility Water Enterprise Fund 1016690 142 CARLSTON,BRANDON Clothing&Uniforms Police Check# Amount Supplier/Explanation Account Description Business Unit Comment 252618 138 ANDERSON LYNN AR Utility Water Enterprise Fund 252664 137 BAYER MARISA Mileage&Parking Community Development Admin. 1016674 137 SPS COMPANIES Supplies-HVAC Fire Station#1 1016738 134 ROSE,ALECIA Employee Award Organizational Services 252752 134 STAPLES ADVANTAGE Office Supplies Customer Service 252661 133 ARCPOINT LABS OF EDEN PRAIRIE Employment Support Test Organizational Services 252535 130 COMCAST Deposits 494 Corridor Commission 252674 130 CINTAS CORPORATION #470 Cleaning Supplies Utility Operations-General 252679 125 DELF KRISTIN Tuition Reimbursement/School Fitness Classes 1016638 125 FASTENAL COMPANY Operating Supplies Park Maintenance 1016675 123 STREICHERS Clothing&Uniforms Police 252680 122 DELUXE Bank and Service Charges Den Road Liquor Store 252590 120 OFFICE TEAM Deposits 494 Corridor Commission 1016642 120 MITTELSTADT,SCOTT Canine Supplies Police 1016727 114 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 252649 111 THOMAS DUNN PROPERTIES AR Utility Water Enterprise Fund 1016689 111 BUSINESS ESSENTIALS Office Supplies Utility Operations-General 252627 107 FEDIE KAREN AR Utility Water Enterprise Fund 1016666 106 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store 252707 105 LANGFIELD SHERI Inspection Fee Housing Inspections 252556 104 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Water Distribution 252727 104 PAPCO INC Janitor Service Fitness/Conference-Cmty Ctr 252725 102 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire 252529 100 COMCAST Cable TV Fire 252577 100 MARTINSON BETH Refunds Water Conservation 252654 100 WRIGHT STEVE AR Utility Water Enterprise Fund 252723 100 NOKOMIS SHOE SHOP Clothing&Uniforms Inspections-Administration 252613 97 US BANK EQUIPMENT FINANCE Deposits 494 Corridor Commission 252635 93 KERLIN CHAD AR Utility Water Enterprise Fund 252678 92 DB SHOGER&ASSOCIATES LLC Small Tools Fleet Operating 252673 90 CINTAS CORPORATION Safety Supplies Community Center Admin 252695 90 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Park Maintenance 252719 87 MINNESOTA WANNER COMPANY Equipment Parts Snow&Ice Control 252720 85 MTUG Dues&Subscriptions Public Safety Communications 252534 85 COMCAST Cable TV Fire 252697 83 HENNEPIN COUNTY MEDICAL CENTER EMS Supplies-EMS Supplies Fire 252580 80 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 252628 79 FITZSIMMONS REBECCA AR Utility Water Enterprise Fund 252522 75 CAMP NATHANIEL Deposits Escrow 252601 75 REPAIR LAIR EMS Supplies-EMS Supplies Fire 252619 75 BECKER GRANT AR Utility Water Enterprise Fund 252728 75 PARON TONY Conference/Training Utility Operations-General 252612 74 UNITED WAY United Way Withheld Health and Benefits 252689 71 FRANTZ,SHIRLEY P&R Refunds Community Center Admin 1016640 69 METROPOLITAN FORD Equipment Repair&Maint Fleet Operating 252523 66 CARVER COUNTY LICENSE CENTER Licenses&Taxes Police 6078 66 DELUXE Operating Supplies City Center Operations 252717 65 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 1016652 64 ASPEN EQUIPMENT CO. Equipment Parts Fleet Operating 252510 64 440400-NCPERS MINNESOTA PERA Health and Benefits 1016662 64 JANEX INC Janitor Service Prairie Village Liquor Store 252652 60 WEBB KRISTI AR Utility Water Enterprise Fund Check# Amount Supplier/Explanation Account Description Business Unit Comment 1016650 59 ZIEBOL,MATTHEW Mileage&Parking Human Resources 1016711 59 CAWLEY COMPANY,THE Clothing&Uniforms Prairie Village Liquor Store 252632 58 HAUGH WILLIAM AR Utility Water Enterprise Fund 1016692 54 FASTENAL COMPANY Operating Supplies Park Maintenance 252694 53 GROTH MUSIC Operating Supplies Community Band 252527 53 COMCAST Other Broadband Internet IT Operating 252578 51 MEREDITH KATE Deposits 494 Corridor Commission 1016687 51 BOHNSACK,SUE Mileage&Parking Senior Center Admin 252642 51 NICKLOW NICOLE AR Utility Water Enterprise Fund 252701 50 INNOVATIVE GRAPHICS Clothing&Uniforms Police 252625 50 DIAMOND WILLIAM AR Utility Water Enterprise Fund 252743 50 ROSEMOUNT SAW&TOOL CO Equipment Repair&Maint Fleet Operating 252633 48 JACOBY KIRSTEN AR Utility Water Enterprise Fund 252543 46 EDEN PRAIRIE FOUNDATION United Way Withheld Health and Benefits 1016643 44 MUNOZ,CESAR Mileage&Parking Police 252629 40 GAJL KAZIMIERA AR Utility Water Enterprise Fund 252604 40 SOLUTION BUILDERS Deposits 494 Corridor Commission 252645 40 REDI FRANK AR Utility Water Enterprise Fund 252597 39 PRINCIPAL FINANCIAL GROUP Deposits 494 Corridor Commission 252623 38 COHEN JASON AR Utility Water Enterprise Fund 252634 35 JAMES TIFFANY AR Utility Water Enterprise Fund 252683 35 EDEN PRAIRIE CHAMBER OF COMMERCE Conference/Training Economic Development 252665 32 BCA Other Contracted Services Police 1016699 30 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Den Road Liquor Store 252648 29 THIELGES MICHAEL AR Utility Water Enterprise Fund 252676 27 COMCAST Other Contracted Services Police 252653 27 WOODRING PEGGY AR Utility Water Enterprise Fund 252588 25 NELSON,ROBIN Deposits 494 Corridor Commission 252651 25 WANVIG THOMAS AR Utility Water Enterprise Fund 252586 25 MUNICIPALS Dues&Subscriptions Human Resources 252607 25 SOUTHWEST TRANSIT Deposits 494 Corridor Commission 252540 24 DE MIRA MARIQUITA Deposits 494 Corridor Commission 252646 22 ROBERTS MEGAN AR Utility Water Enterprise Fund 252620 22 BOLINSKI CHAD AR Utility Water Enterprise Fund 252622 22 CLAWSON TODD AR Utility Water Enterprise Fund 252747 21 SOMAN FRED Refunds Water Conservation 252702 21 ISC COMPANIES INC Equipment Parts Water Treatment 252640 19 MCCOY SUSAN AR Utility Water Enterprise Fund 252573 19 LATTIMORE ANDREW Mileage&Parking Aquatics Admin. 252530 16 COMCAST Cable TV Fire 252532 16 COMCAST Cable TV Fire 252626 16 DUNN BRYAN AR Utility Water Enterprise Fund 252621 15 BRIGGS SHAWN AR Utility Water Enterprise Fund 252647 15 SWEAZY ESTHER AR Utility Water Enterprise Fund 1016673 14 SPRINT Pager&Cell Phone IT Operating 252539 14 CULLIGAN BOTTLED WATER Deposits 494 Corridor Commission 252641 13 NELSON,KATHY AR Utility Water Enterprise Fund 252636 11 KOLLMAN RYAN AR Utility Water Enterprise Fund 252655 11 ZEHRINGER,MONTY AND ELDORA AR Utility Water Enterprise Fund 252582 10 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Creek Woods 1016685 8 BATTERIES PLUS Repair&Maint.Supplies Utility Operations-General 252643 8 PEPIN JOHN AR Utility Water Enterprise Fund Check# Amount Supplier/Explanation Account Description Business Unit Comment 252624 7 CORNELIUS JOHN AR Utility Water Enterprise Fund 252716 7 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance IT Operating 252644 6 PLAMONDON SHELTON AR Utility Water Enterprise Fund 252631 6 GRIFFITHS,MARY AR Utility Water Enterprise Fund 252637 5 KRAUT KAREN AR Utility Water Enterprise Fund 252650 5 TONSFELDT THOMAS AR Utility Water Enterprise Fund 6087 4 SQUARE Bank and Service Charges Community Center Admin 1016706 4 A TO Z RENTAL CENTER Repair&Maint.Supplies Fire 3,496,635 Grand Total City of Eden Prairie Purchasing Card Payment Report 4/18/2017 Amount Explanation Vendor Account Description Business Unit 3,085 US-forensic application CELLEBRITE USA CORP Computers IT Operating 2,642 US-new computer forensic machi MICRO CENTER A/R Computers IT Operating 2,500 US-equip repair/maint COLORADO TIME SYSTEMS Equipment Repair&Maint Pool Operations 2,475 US-trng-19 employees SOTA Tuition Reimbursement/School Police 1,938 US-frames PICTUREFRAMES.COM Video&Photo Supplies Fire 1,491 US-K9 bite suit RAY ALLEN MANUFACTURING CO INC Canine Supplies Police 1,450 US-deposit for EPFD 50th anniv DECO CATERING Operating Supplies Fire 990 US-training MSA Tuition Reimbursement/School Police 981 US-Jan 2017 Bldg Surchgs DEPT OF LABOR&INDUSTRY Building Surcharge General Fund 955 US-sunshine fund-keepsakes BEYOND THIS DAY Deposits Escrow 900 US-metro operator conf MN AWWA Conference/Training Utility Operations-General 850 US-new world conf CONNECT Conference/Training IT Operating 777 US-valentines breakfast DELI DOUBLE Special Event Fees Senior Center Programs 750 US-gift card prizes JAKE'S CITY GRILL Awards Athletic Programs Admin 750 US-gift card prizes PRAIRIE TAP HOUSE Awards Athletic Programs Admin 700 US-biggar trng NTOA Tuition Reimbursement/School Police 700 US-lowery trng NTOA Tuition Reimbursement/School Police 650 US-R Davis trng FBI-LEEDA Tuition Reimbursement/School Police 650 US-T Lowery trng FBI-LEEDA Tuition Reimbursement/School Police 605 US-Dusek trng HAMLINE UNIVERSITY Licenses,Permits,Taxes,Fees Water Treatment 600 US-training equip BEST BUY Capital Under$25,000 Street Maintenance 600 US-conf registration IIMC Conference/Training City Clerk 534 US-Jan 2017 Bldg Surchgs DEPT OF LABOR&INDUSTRY Mechanical Surcharge General Fund 520 US-training APWA Conference/Training Street Maintenance 513 US-iimc international conf DELTA AIR Travel Expense City Clerk 500 US-training,Bauer,Peters UNIVERSITY OF MINNESOTA Conference/Training Utility Operations-General 497 US-supplies BLICK ART MATERIALS Operating Supplies Arts 497 US-feb dues SCW WIM INC Licenses,Permits,Taxes,Fees Fitness Classes 480 US-new hire weapon light AMAZON.COM Clothing&Uniforms Police 460 US-MRWA annual conf MINNESOTA RURAL WATER ASSOCIAT Conference/Training Utility Operations-General 457 US-operating supplies-café WEBSTAURANT STORE Operating Supplies Concessions 419 US-pump wedges-quartermaster PRO LOK Operating Supplies Police 390 US-emt trng NATIONAL REGISTRY OF EMTS Tuition Reimbursement/School Police 385 US-MN chiefs conf MINNESOTA CHIEFS OF POLICE ASS Conference/Training Police 375 US-fire pager repair P&W SERVICE CENTER Equipment Repair&Maint Public Safety Communications 345 US-S Durham APA membership APA NORTHSTAR CHAPTER Dues&Subscriptions Planning 335 US-trng-19 employees SOTA Tuition Reimbursement/School Police 330 US-utility permit HENNEPIN COUNTY PUBLIC WORKS-F Equipment Repair&Maint Water Distribution 326 US-color ribbon for printer ID WHOLESALER Operating Supplies Community Center Admin 318 US jackets LEARN TO SKATE Clothing&Uniforms Ice Operations 312 US-gym space-volleyball league EDEN PRAIRIE SCHOOL Gym Rental Volleyball 300 US jackets LEARN TO SKATE Clothing&Uniforms Ice Lessons 300 US-traing-wood BCA Tuition Reimbursement/School Police 300 US-Mohn trng BCA Tuition Reimbursement/School Police 300 US-training-behl RON SMITH AND ASSOCIATES Tuition Reimbursement/School Police 300 US-summer camp preview 4IMPRINT Operating Supplies Youth Programs Admin Amount Explanation Vendor Account Description Business Unit 295 US-APA membership A Perera APA NORTHSTAR CHAPTER Dues&Subscriptions Planning 290 US-training INTERNATIONAL CODE COUNCIL Conference/Training Inspections-Administration 284 US-rubber duck giveaway OTC BRANDS Operating Supplies Water Conservation 278 US-disney on ice TARGET CENTER Special Event Fees Special Events&Trips 267 US-vtr motor RG DAVIS AND CO Repair&Maint. Supplies Fitness/Conference-Cmty Ctr 258 US-gateway fees NCR SPECIALTY Bank and Service Charges Den Road Liquor Store 258 US-repair BROICH ARTIC MR Repair&Maint. Supplies Concessions 255 US-training for comeans AWWA Licenses,Permits,Taxes,Fees Water Treatment 250 US-annual subscription SURVEYMONKEY.COM Dues&Subscriptions Fire 250 US-traing BCA Tuition Reimbursement/School Police 250 US-Munoz trng BCA Tuition Reimbursement/School Police 250 US-border battle eyeblack PAYPAL INC Printing Communications 247 US-shop supplies NORTHERN TOOL&EQUIPMENT Repair&Maint. Supplies Wasterwater Collection 240 US-tools NORTHERN TOOL&EQUIPMENT Operating Supplies Park Maintenance 229 US-monthly billing NIMBLE SCHEDULE Other Contracted Services Community Center Admin 229 US-summer seasonal ad posting SOTA JOBS Employment Advertising Organizational Services 227 US-maple syrup program PAYPAL INC Operating Supplies Outdoor Center 219 US-water school lunch DAVANNI'S PIZZA Training Supplies Utility Operations-General 217 US-critter and owl food RODENT PRO Operating Supplies Outdoor Center 216 US-subscription PENNWELL Dues&Subscriptions Fire 209 US-pickleball paddles ENGAGE PICKLEBALL Operating Supplies Gymnasium(CC) 200 US-ISA recert UNIVERSITY OF MINNESOTA Conference/Training Tree Disease 200 US-bank service charge PLUG N PAY Bank and Service Charges Community Center Admin 199 US-membership renewal SOCIETY FOR HUMAN RESOURCE MAN Dues&Subscriptions Human Resources 199 US-A Rose membership SOCIETY FOR HUMAN RESOURCE MAN Dues&Subscriptions Human Resources 191 US-supplies GI SPORTZ Clothing&Uniforms Police 190 US-coffee COFFEE WHOLESALE Operating Supplies Senior Center Programs 185 US-gateway fees NCR SPECIALTY Bank and Service Charges Prairie View Liquor Store 185 US-council workshop food DAVANNI'S PIZZA Miscellaneous City Council 173 US-labels AMAZON.COM Operating Supplies Fire 171 US-council workshop food CRUMB GOURMET DELI Miscellaneous City Council 166 US-solder station repair AMERICAN HAKKO PRODUCTS INC Equipment Repair&Maint Public Safety Communications 165 US-ice auger FELDMANN ENGINEERING Equipment Parts Fleet Operating 163 US-bank service charge PLUG N PAY Bank and Service Charges Community Center Admin 159 US-printer AMAZON.COM Operating Supplies Fire 158 US-K9 bite suit RAY ALLEN MANUFACTURING CO INC Canine Supplies Police 155 US-surveillance camera battery NAPA AUTO PARTS Other Contracted Services Police 151 US-repair to straps CTS CLEANERS TAILOR&SHOE REP Operating Supplies Fire 150 US-seminar PAYPAL INC Tuition Reimbursement/School Park Maintenance 149 US-operating supplies-café US FOODS INC Operating Supplies Concessions 147 US-shop supplies/bench MENARDS Operating Supplies Park Maintenance 145 US-flag poles for safety camp VICTORY CORPS Operating Supplies Street Maintenance 143 US-laminator trimmer AMAZON.COM Office Supplies Community Center Admin 140 US-hydrant flushing hose MENARDS Repair&Maint. Supplies Water Distribution 139 US-new forensic machine assemb MICRO CENTER A/R Computers IT Operating 139 US-gateway fees NCR SPECIALTY Bank and Service Charges Prairie Village Liquor Store 138 US-printer AMAZON.COM Operating Supplies Fire 133 US-cleaning supplies MENARDS Equipment Parts Water Treatment 133 US-Jan 2017 Bldg Surchgs DEPT OF LABOR&INDUSTRY Plumbing Surcharge General Fund 130 US-mannuals for trng THE RED CROSS STORE Training Supplies Pool Lessons Amount Explanation Vendor Account Description Business Unit 120 US-microphone COLORADO TIME SYSTEMS Operating Supplies Pool Operations 120 US-microphone COLORADO TIME SYSTEMS Operating Supplies Pool Operations 120 US-K9 cert renewal fee USPCA REGION 18 Canine Supplies Police 120 US-pants STREICHERS Training Supplies Police 120 US-labels AMAZON.COM Operating Supplies Fire 109 US-operating supplies-café HOCKENBERGS Operating Supplies Concessions 109 US-sunshine fund BACHMANS CREDIT DEPT Deposits Escrow 106 US-book/jump drive AMAZON.COM Training Supplies Utility Operations-General 105 US-march registration IFMA Conference/Training Facilities Staff 102 US-storage for evidence MICRO CENTER A/R Computers IT Operating 100 US-epcc bench/supplies MENARDS Operating Supplies Park Maintenance 100 US-Sue trng PAYPAL INC Conference/Training Finance 100 US-Tammy trng PAYPAL INC Conference/Training Finance 99 US-business acct membership AMAZON.COM Office Supplies Police 99 US-AIAFS-trng AIAFS Tuition Reimbursement/School Police 99 US-ink for photo printer AMAZON.COM Video&Photo Supplies Fire 97 US-shelf HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Water Distribution 96 US-costumes JO-ANN FABRICS Clothing&Uniforms Winter Theatre 96 US-FB polls app FACEBOOK Dues&Subscriptions Communications 91 US-blu ray player ryan k pd AMAZON.COM Computers IT Operating 90 US-workshop WOMEN IN LEISURE SERVICES Conference/Training Arts 90 US-station coffee BLACK RIFLE COFFEE Operating Supplies Fire 90 US-station coffee BLACK RIFLE COFFEE Operating Supplies Fire 90 US-café food SERRV Merchandise for Resale Concessions 89 US-landscale supplies ULINE Landscape Materials/Supp Street Maintenance 89 US-chisels HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Wasterwater Collection 89 US-jump ropes GOPHER PERFORMANCE Capital Under$25,000 Fitness Center 88 US-food DAVANNI'S PIZZA Operating Supplies Special Initiatives 82 US-storage carts for glazes/cl IKEA Operating Supplies Arts Center 81 US-cpr training AMERICAN RED CROSS Conference/Training Fitness Admin. 81 US-cpr training AMERICAN RED CROSS Conference/Training Aquatics Admin. 80 US-supplies AEROMIX SYSTEMS Equipment Repair&Maint Purgatory Creek Park 80 US-wristbands REMINDERBAND Operating Supplies Gymnasium(CC) 80 US-open swim toys AMAZON.COM Operating Supplies Pool Operations 79 US-flags AMAZON.COM Training Supplies Police 75 US-HTCIA membership HTCIA Tuition Reimbursement/School Police 75 US-storage ATLASSIAN Other Contracted Services Fire 75 US-training-dean BCA Tuition Reimbursement/School Police 75 US-training behl BCA Tuition Reimbursement/School Police 72 US-signage holders POPCO INC Operating Supplies Community Center Admin 71 US-H20 gloves SWIMOUTLET.COM Capital Under$25,000 Fitness Classes 70 US-hort magazine FINE GARDENING Dues&Subscriptions Park Maintenance 65 US-training AUTISM SOCIETY OF MINESOTA Conference/Training Youth Programs Admin 65 US-school liaison video SHARED HOPE INTERNATIONAL Operating Supplies Police 65 US-employee water/stamps for h COSTCO Operating Supplies Prairie Village Liquor Store 64 US-maple syrup stove MENARDS Operating Supplies Outdoor Center 63 US-blower parts LOFTNESS SPECIALIZED EQUIPMENT Equipment Parts Fleet Operating 63 US-shop supplies WALMART COMMUNITY Operating Supplies Park Maintenance 62 US-wellness sandwich project WALMART COMMUNITY Employee Award Organizational Services 61 US-café food WALMART COMMUNITY Merchandise for Resale Concessions Amount Explanation Vendor Account Description Business Unit 60 US-playcare conf WOMEN IN LEISURE SERVICES Conference/Training Day Care 60 US-membership renewal GOVERNMENT FINANCE OFFICERS AS Dues&Subscriptions Finance 60 US-T Robinson membership GOVERNMENT FINANCE OFFICERS AS Dues&Subscriptions Finance 60 US-beads AMAZON.COM Operating Supplies Arts 59 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 58 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 57 US-show concessions COSTCO Operating Supplies Winter Theatre 57 US-late night valve repair BUCA Repair&Maint.Supplies Water Distribution 57 US-wellness sandwich project WALMART COMMUNITY Employee Award Organizational Services 56 US-flash drive AMAZON.COM Office Supplies Utility Operations-General 56 US-picnic tables HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 55 US-set mat for show MENARDS Operating Supplies Winter Theatre 55 US-stickers for helmets AMAZON.COM Protective Clothing Fire 54 US-cpr training AMERICAN RED CROSS Conference/Training Community Center Admin 52 US-mic pac and clip replacemen AV NOW,INC Equipment Repair&Maint Fitness Classes 52 US-planning mtg breakfast KOWALSKI'S MARKET Miscellaneous Athletic Programs Admin 52 US-epcc bench/supplies MENARDS Equipment Repair&Maint Ice Operations 52 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 50 US-facebook ad,triathlon FACEBOOK Operating Supplies Fitness Classes 50 US-K9 cert renewal fee USPCA REGION 18 Canine Supplies Police 50 US-K9 cert renewal fee USPCA REGION 18 Canine Supplies Police 50 US-Zafft EMT trng NATIONAL EXAMS Conference/Training Fire 49 US-badges LEARN TO SKATE Operating Supplies Ice Lessons 48 US-planning mtg breakfast KOWALSKI'S MARKET Miscellaneous Athletic Programs Admin 48 US-license fee DEPT OF LABOR&INDUSTRY Licenses,Permits,Taxes,Fees Park Maintenance 48 US-license fee DEPT OF LABOR&INDUSTRY Licenses,Permits,Taxes,Fees Park Maintenance 48 US-playcare markers AMAZON.COM Operating Supplies Day Care 48 US-set dressing WALMART COMMUNITY Operating Supplies Winter Theatre 47 US-trailer rebuild sides MENARDS Building Materials Park Maintenance 45 US-program trip KWIK TRIP STORES Program Trips Outdoor Center 45 US-ad for show PAYPAL INC Advertising Summer Theatre 45 US-CC personal use W Parker BLACK RIFLE COFFEE Deposits Escrow 45 US-shade tree course-Carol L UNIVERSITY OF MINNESOTA Conference/Training Engineering 45 US-ipad chargers for trucks AMAZON.COM Operating Supplies Fire 44 US-mechanical room supplies MENARDS Operating Supplies Park Maintenance 44 US-decorations DOLLAR TREE STORES,INC. Operating Supplies Senior Board 44 US-drawing/watercolor supplies TRUE VALUE Operating Supplies Arts Center 43 US-hammers GANDER MOUNTAIN Repair&Maint.Supplies Wasterwater Collection 41 US-arm for computer CDW GOVERNMENT INC. Repair&Maint.Supplies City Center Operations 41 US-breakfast-watchguard demo BRUEGGERS BAGEL Operating Supplies Police 41 US-costumes MICHAELS-THE ARTS&CRAFTS S Clothing&Uniforms Winter Theatre 40 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 39 US-storage-watercolor supplies AMAZON.COM Operating Supplies Arts Center 38 US-supplies TARGET Training Supplies Police 38 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 37 US-maple syrup stove MENARDS Operating Supplies Outdoor Center 36 US-power cords-ipads AMAZON.COM Operating Supplies Fire 34 US-door protection plate W W GRAINGER INC Repair&Maint.Supplies Water Treatment 34 US-operating supplies-cafe CONTAINER STORE Operating Supplies Concessions 34 US-clay studio glaze supplies HOME DEPOT CREDIT SERVICES Operating Supplies Arts Center Amount Explanation Vendor Account Description Business Unit 33 US-shop supplies MENARDS Operating Supplies Park Maintenance 33 US-employee water/stamps for h COSTCO Operating Supplies Den Road Liquor Store 33 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 32 US-fit kids backpack AMAZON.COM Operating Supplies Fit Kids Club 31 US-ink cartridge PD AMAZON.COM Process Control Equipment IT Operating 30 US-costumes THE MENS WEARHOUSE Clothing&Uniforms Winter Theatre 30 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 29 US-critter food PETCO Operating Supplies Outdoor Center 28 US-phone recorder AMAZON.COM Computers IT Operating 28 US-phone recorder PD AMAZON.COM Computers IT Operating 27 US-parking 501 SELF PARK INTERPARK Mileage&Parking Administration 27 US-cpr training AMERICAN RED CROSS Wages No Benefits Youth Programs Admin 27 US-cpr training AMERICAN RED CROSS Wages No Benefits Day Care 27 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 27 US-set dressing PROP SHOP/EDEN PRAIRIE&TITLE Operating Supplies Winter Theatre 27 US-picnic tables HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 26 US-bags indoor tri DOLLAR TREE STORES,INC. Operating Supplies Fitness Classes 26 US-front desk decor TARGET Operating Supplies Community Center Admin 26 US-ice show endorsement LEARN TO SKATE Licenses,Permits,Taxes,Fees Ice Show 26 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 26 US-coyote making supplies MENARDS Operating Supplies Park Maintenance 25 US-costumes GOODWILL MINNETONKA Clothing&Uniforms Winter Theatre 25 US-facebook ad,triathlon FACEBOOK Operating Supplies Fitness Classes 25 US-facebook ad,triathlon FACEBOOK Operating Supplies Fitness Classes 25 US-supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Arts 24 US-storage for pool TARGET Operating Supplies Pool Operations 22 US-coffee BYERLYS Training Supplies Police 21 US-food BYERLYS Training Supplies Den Road Liquor Store 21 US-food BYERLYS Training Supplies Prairie View Liquor Store 21 US-food BYERLYS Training Supplies Prairie Village Liquor Store 21 US-employee water/stamps for h COSTCO Operating Supplies Prairie View Liquor Store 21 US-event supplies WALMART COMMUNITY Operating Supplies Senior Center Programs 20 US-epermit web security PAYPAL INC Equipment Repair&Maint IT Operating 20 US-woodshop belt W W GRAINGER INC Equipment Repair&Maint Senior Center Programs 20 US-birthday party supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Arts Center 19 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 19 US-maple syrup MENARDS Operating Supplies Outdoor Center 19 US-tool box-hose flushing clam MENARDS Repair&Maint.Supplies Water Distribution 19 US-used for search warrant HOME DEPOT CREDIT SERVICES Office Supplies Police 19 US-microphone cable AMAZON.COM Operating Supplies Pool Operations 19 US-repair BROICH ARTIC AIR Repair&Maint.Supplies Concessions 18 US-CC personal use K Carlson BP OIL Deposits Escrow 18 US-vaccuum/washbay HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 18 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 18 US-woodshop belt GRIZZLY INDUSTRIAL INC Equipment Repair&Maint Senior Center Programs 17 US-blankets used in search war A TO Z RENTAL CENTER Office Supplies Police 17 US-city employee league CROWN TROPHY Operating Supplies Gymnasium(CC) 17 US-camp preview TARGET Operating Supplies Special Initiatives 16 US-open swim toys AMAZON.COM Operating Supplies Pool Operations 16 US-music for classes SPOTIFY Operating Supplies Pool Lessons Amount Explanation Vendor Account Description Business Unit 16 US-storage for evidence OFFICE DEPOT CREDIT PLAN Computers IT Operating 16 US-airfreshner AMAZON.COM Operating Supplies Fit Kids Club 16 US-gaterade indoor tri WALMART COMMUNITY Operating Supplies Fitness Classes 15 US-irrigation MENARDS Operating Supplies Park Maintenance 15 US-NREMT dill NATIONAL REGISTRY OF EMTS Dues&Subscriptions Fire 15 US-pieczynski NREMT NATIONAL REGISTRY OF EMTS Dues&Subscriptions Fire 15 US-skoglund NREMT NATIONAL REGISTRY OF EMTS Dues&Subscriptions Fire 15 US-props for show GOODWILL CHANHASSEN Operating Supplies Winter Theatre 15 US-office supplies MENARDS Office Supplies Park Maintenance 15 US-open swim toys AMAZON.COM Operating Supplies Pool Operations 14 US-reserve calendar CALENDAR WIZ Clothing&Uniforms Reserves 14 US-wellness sandwich project DOLLAR TREE STORES,INC. Employee Award Organizational Services 14 US-coffee cups lsu COSTCO Operating Supplies Emergency Preparedness 14 US-hardware MENARDS Repair&Maint.Supplies Wasterwater Collection 14 US-shipping UNITED STATES POSTAL SERVICE Clothing&Uniforms Winter Theatre 13 US-balloons indoor tri DOLLAR TREE STORES,INC. Operating Supplies Fitness Classes 12 US-pop TARGET Operating Supplies Senior Center Admin 12 US-supplies BLICK ART MATERIALS Operating Supplies Arts 12 US-mwics mtg HOLIDAY STATION STORES INC Operating Supplies Fire 11 US-mail samples UPS STORE,THE Postage Water Treatment 11 US-usb hub for squad 222 AMAZON.COM Autos Capital Maint.&Reinvestment 11 US-prime to save on shipping AMAZON.COM Operating Supplies Aquatics Admin. 10 US-signage holders POPCO INC Operating Supplies Community Center Admin 10 US-bushings MENARDS Repair&Maint.Supplies Wasterwater Collection 8 US-Parker CC AX-MAN SURPLUS STORE Deposits Escrow 8 US-parking STANDARD PARKING Mileage&Parking Fire 8 US-calendar for patrol room AMAZON.COM Office Supplies Police 8 US-costumes JO-ANN FABRICS Clothing&Uniforms Winter Theatre 7 US-brushes to clean deckplates AMAZON.COM Operating Supplies Pool Operations 7 US-mtg DOT CAFE Operating Supplies Fire 7 US-parking U OF M PARKING Operating Supplies Community Center Admin 7 US-met council mtg parking STANDARD PARKING Mileage&Parking Economic Development 7 US-annual h20 mailing UNITED STATES POSTAL SERVICE Postage Water Treatment 6 US-5 gallon pail MENARDS Repair&Maint.Supplies Wasterwater Collection 6 US-ULI training parking MPLSPARKING.COM Mileage&Parking Community Development Admin. 6 US-parking U OF M PARKING Mileage&Parking Park Maintenance 5 US-open swim toys AMAZON.COM Operating Supplies Pool Operations 5 US-pencils AMAZON.COM Office Supplies Aquatics Admin. 4 US-overage to monthly billing NIMBLE SCHEDULE Other Contracted Services Community Center Admin 4 US-ship flash drive UNITED STATES POSTAL SERVICE Operating Supplies Park Maintenance 3 US-parking STANDARD PARKING Mileage&Parking Fire 2 US-screws for timing system MENARDS Operating Supplies Pool Operations 2 US-class supplies BYERLYS Operating Supplies Arts Center 1 US-overage to monthly billing NIMBLE SCHEDULE Other Contracted Services Community Center Admin 1 US-overage to monthly billing NIMBLE SCHEDULE Other Contracted Services Community Center Admin 1 US-overage to monthly billing NIMBLE SCHEDULE Other Contracted Services Community Center Admin 0 US-overage to monthly billing NIMBLE SCHEDULE Other Contracted Services Community Center Admire 0 US-overage to monthly billing NIMBLE SCHEDULE Other Contracted Services Community Center Admin -5 US-refund MENARDS Operating Supplies Outdoor Center -8 US-Parker CC AX-MAN SURPLUS STORE Deposits Escrow Amount Explanation Vendor Account Description Business Unit -9 US-return JO-ANN FABRICS Clothing&Uniforms Winter Theatre -13 US-refund MENARDS Operating Supplies Park Maintenance -22 US-flag poles for safety camp VICTORY CORPS Operating Supplies Street Maintenance -33 US-Jan 2017 Bldg Surchgs DEPT OF LABOR&INDUSTRY Other Revenue General Fund -35 US-refund COSTCO Operating Supplies Winter Theatre -35 US-supplies BUCK ART MATERIALS Operating Supplies Arts -53 US-sunshine fund-keepsakes BEYOND THIS DAY Deposits Escrow -3,059 US-purchasing card rebate US BANK Other Revenue General Fund 51,602 Total CITY COUNCIL AGENDA DATE: SECTION: Ordinances &Resolutions April 18, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XI.A. George Esbensen Approve First Reading of Ordinance Fire Department Amending City Code Section 9.05 Relating to the Uniform Fire Code and Other Fire Regulations Requested Action Move to: Approve First Reading of Ordinance Amending City Code Section 9.05 Relating to the Uniform Fire Code and Other Fire Regulations. Synopsis City Code Section 9.05 is being amended to update references to the Minnesota State Fire Code and the International Fire Code. Background Information Section 9.05 incorporates the Minnesota State Fire Code and certain provisions of the International Fire Code.Relevant provisions in Section 9.05 were last amended in 2003.The Minnesota State Fire Code was recently amended, and the proposed revisions update Section 9.05 to incorporate these amendments. Attachment Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 17- AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 9 RELATING TO THE UNIFORM FIRE CODE AND OTHER FIRE REGULATIONS AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 9.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code Chapter 9, Section 9.05, Subdivision 1 is hereby amended by deleting Subdivision 1 in its entirety and replacing it with the following: Subd. 1. Adoption. There is hereby adopted by the City for the purpose of prescribing regulations governing conditions hazardous to life and property from fire and explosion that certain code known as the International Fire Code 2012 as promulgated by the International Code Council, Inc. in the form and content as adopted and amended in parts 7511.0010 to 7511.7900, Minnesota Rules, 2015, and amendments thereto adopted through May 2, 2016, known as the 2015 Minnesota State Fire Code together with appendices A, B, C, D, E, F, G, H, I, J, K, and L of the International Fire Code, hereinafter referred to as "MSFC" and the whole thereof, save and except such portions as are hereinafter deleted, modified or amended by Subd. 6 of this Section of which one (1) copy is on file in the office of the City Clerk; and the same is hereby adopted and incorporated as fully as is set out at length herein, and from the date on which this Section shall take effect, the provisions thereof shall be controlling. Section 2. City Code Chapter 9, Section 9.05, Subdivision 4, Subsection A is hereby amended by deleting "3404.2.9.5.1" in the first line and replacing it with "5704.2.9.6.1" and by deleting "3404.2.9.6" in the final line and replacing it with "5704.2.9.7." Section 3. City Code Chapter 9, Section 9.05, Subdivision 6, Subsection D is hereby amended by deleting "Chapter 24" in the first line and replacing it with "Chapter 31" and by deleting "Section 2416" in Subsection 1 and replacing it with"Section 3104.20." Section 4. City Code Chapter 9, Section 9.05, Subdivision 6, Subsection E is hereby amended by deleting "Appendix H"in the first line and replacing it with"Appendix K." Section 5. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 9.99 entitled "Violation a Misdemeanor or Petty Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 6. This ordinance shall be in effect from and after the date of its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , 2017, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 2017. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor Published in the Eden Prairie News on the day of , 2017.