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HomeMy WebLinkAboutCity Council - 03/21/2017 AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, MARCH 21, 2017 CITY CENTER 5:00—6:25 PM,HERITAGE ROOMS 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Kathy Nelson, and Ron Case CITY STAFF: City Manager Rick Getschow, Police Chief James DeMann, Fire Chief George Esbensen, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, City Attorney Ric Rosow, and Recorder Lorene McWaters Workshop-Heritage Room H(5:30) I. QUALITY OF LIFE SURVEY(NRC) Open Podium - Council Chamber(6:35) II. OPEN PODIUM III. ADJOURNMENT ANNOTATED AGENDA DATE: March 21, 2017 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, March 21, 2017 TUESDAY,MARCH 21, 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. QUALITY OF LIFE SURVEY PRESENTATION (NRC) 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, MARCH 7, 2017 B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 7, 2017 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-N on the Consent Calendar. A. CLERK'S LICENSE LIST B. APPROVE SECOND READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 11, RELATING TO BUILDING HEIGHT DEFINITION ANNOTATED AGENDA March 21,2017 Page 2 C. APPROVE SECOND READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 11, RELATING TO TREE REPLACEMENT D. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BRAUN INTERTEC CORPORATION FOR GEOTECHNICAL EVALUATION SERVICES FOR THE EDEN PRAIRIE ROAD EXTENSION TO FLYING CLOUD DRIVE STREET AND UTILITY IMPROVEMENTS E. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF CONSULTING GROUP,INC. FOR 2040 TRANSPORTATION PLAN F. APPROVE GRANT AWARD FROM HENNEPIN COUNTY TO ADD AN AIS CLEANING STATION AT LAKE RILEY BOAT LANDING G. ADOPT RESOLUTION AMENDING RESOLUTION NO. 2017-28 (BANEBERRY HOLLOW REASSESSMENT) H. AMEND CONSERVATION EASEMENT OVER LOT 2, BLOCK 1 OF THE BLUFFS AT PURGATORY CREEK I. APPROVE CONTRACT WITH ESS BROTHERS,INC. FOR PURCHASE OF REPAIR RINGS FOR INFLOW AND INFILTRATION REPAIRS OF SEWER MANHOLES AND STORMWATER CATCH BASINS J. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH ADVANCED ENGINEERING AND ENVIRONMENTAL SERVICES (AES) TO UPDATE THE WATER SYSTEM MASTER PLAN FOR COMPREHENSIVE PLAN UPDATE K. APPROVE CONTRACT WITH GREEN ACRES FOR HIDDEN PONDS IRRIGATION INSTALLATION L. APPROVE PURCHASE AGREEMENT WITH VIKING ELECTRIC SUPPLY FOR RILEY BARN PARKING LOT LIGHTS M. APPROVE USE OF CDBG FUNDS FOR SENIOR EMERGENCY REPAIR PROGRAM N. APPROVE MODIFICATION OF HOUSING REHAB LOAN REPAYMENT AGREEMENT TO INCORPORATE A PHASED REPAYMENT PLAN IX. PUBLIC HEARINGS/MEETINGS A. ROCKWILL ADDITION (Resolution for Preliminary Plat) Official notice of this public hearing was published in the March 9, 2017,Eden Prairie News and sent to 65 property owners. ANNOTATED AGENDA March 21,2017 Page 3 Synopsis: The project involves subdividing an existing 1.06-acre lot into two lots. The property is located at the corner of W. Sunrise Circle and E. Sunrise Circle and includes a single family home on the southern part of the lot. The property is guided Low Density Residential and is zoned R1-22. Proposed lot 1 is being created for a new single family home and lot 2 will contain the existing home. The lots and the homes comply with the zoning and subdivision standards; therefore, the applicant is not requesting waivers. The new home is currently served by public sanitary sewer and water and the new home will also be connected to public utilities. The 120-Day Review Period Expires on May 29, 2017. The Planning Commission voted 7-0 to recommend approval of the project at the February 27, 2017 meeting. MOTION: Move to: • Close the Public Hearing; and • Adopt the Resolution for Preliminary Plat on 1.06 acres into two lots and; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. X. PAYMENT OF CLAIMS MOTION: Move approval of Payment of Claims as submitted (Roll Call Vote). XI. ORDINANCES AND RESOLUTIONS A. PRAIRIE BLUFFS SENIOR LIVING by Albert Miller. Second Reading of Ordinance for Planned Unit Development District Review with Waivers and Zoning District Change from Rural and Office to Rm-2.5 on 4.74 Acres; Resolution for Site Plan Review On 4.74 Acres. Location: 10217, 10220, 10240, 10280 Hennepin Town Rd and PID's 36-116-22-11-0026 & 36-116-22-11-0003) (Ordinance for PUD District Review with waivers and Zoning District Change; Resolution for Site Plan Review) Synopsis: On October 4, 2016, the City Council approved the 1st reading of the Ordinance for the PUD and Zoning change for Prairie Bluffs Senior Living and directed staff to prepare a Development Agreement. In addition, a resolution for the preliminary plat was approved and the Comprehensive Plan Amendment was approved subject to approval by the Metropolitan Council. At that meeting, a number of issues were discussed in detail and required plan changes and follow-up discussion. The applicant has worked with staff to address the following issues and comments: • Inclusion of affordable units • Removal of fourth story units on the west side of the building • Construction of the turn lane on Hennepin Town Road • Landscaping, grading and sidewalk connections ANNOTATED AGENDA March 21,2017 Page 4 • Parking The applicant has agreed to provide fourteen affordable units. Rents for seven of the units will be at 80% of Hennepin County AMI or less and seven units at 50% of Hennepin County AMI as adjusted annually. This provides 10.14% of the total units as affordable. The Development Agreement includes language addressing the affordable units and associated requirements. The applicant has removed the fourth floor on the west side of the north building. The revised plan includes 6 fourth story units on the north building facing Highway 169 and this is not visible from Hennepin Town Road. The applicant modified the layout and number of units in the south building to account for the relocation of the fourth story units from the Hennepin Town Road side of the building. As a result of this Council direction, the south building is longer and extends further south. The closest point of the south building to Hennepin Town Road decreased from 27 feet to 21.5 feet, but the setback on the backside increased from 11.1 feet to 15.5 feet. The waivers have been revised consistent with this change. At the first reading, direction was given that the turn lane on Hennepin Town Road should be operational when the senior living facility opens. The applicant has agreed to rough grade the turn lane and the City will construct the turn lane and make modification to the traffic signals at Pioneer Trail and Hennepin Town Road. In addition, the applicant has agreed to a lump sum payment in the amount of $100,000 to the City for the cost to construct the turn lane. The Development Agreement reflects the construction and financial contribution for the turn lane. The applicant has modified the landscaping plan as discussed at the lst reading. The plan now includes planting beds on the south side of the entrance into the site to complement the plantings on the north side of the entrance. The landscaping on the front of the building is well placed on the grade that has been created in front of the building. The grade on the west side of the north building rises approximately 9 feet from the sidewalk to the building and the grade in front of the south building rises approximately 6 feet from the property line to the building with some steeper areas. In addition, the applicant has increased the size of the trees at the time of installation to provide a more immediate impact. The code requires a minimum size of 2.5 inch caliper for overstory trees, 1.5 inch caliper for understory trees, and 6 foot high coniferous trees. The applicant is proposing all overstory trees at 5 inch caliper, all understory trees at 2 inch caliper and all evergreens at 10 feet high, which exceeds the requirements. The City will hold the landscaping escrow for the required amount of time to ensure the survivability of the plantings. The Development Agreement requires City approval of any changes to the landscaping plan or the landscaping installed on the site for the life of the project. This includes but is not limited to removal, replacement, and/or relocation of plantings. The revised plans also include a sidewalk around the entire building. This sidewalk system is connected to the public sidewalk along Hennepin Town Road. At the first reading, a concern was raised about whether there would be adequate parking if the building is repurposed. The plan includes 121 parking stalls and 7 ANNOTATED AGENDA March 21,2017 Page 5 proof of parking surface stalls, which is .92 parking stalls per unit. The applicant provided data on parking for similar projects ranging from .5 stalls per unit to 1.3 stalls per unit. This project falls within that range. However, if the building is repurposed, the Development Agreement language requires that any change of use must be reviewed and approved by the City. This provides the City the opportunity to review project specifics including parking prior to the approval of any change in use. In addition, the applicant has agreed to secure additional parking off-site to address peak parking times and there is language in the Development Agreement to address this. The Metropolitan Council approved the Comprehensive Plan amendment for this project at their December 15, 2016 meeting. The amendment re-guides the property to High Density Residential. The list of waivers in the Development Agreement reflects the changes that have been made to the plans as directed by Council at the 1st reading. This is the final approval of the development agreement and plans for a 138-unit senior living building with independent, memory care and assisted living units. Pursuant to a request by the applicant, the review period ends on April 15, 2017. MOTION: Move to: • Adopt a Resolution for a Site Plan for Prairie Bluffs Senior Living • Approve the 2nd reading of the Ordinance for Planned Unit Development District Review with waivers and a Zoning District Change from Rural and Office to RM-2.5. • Approve the Development Agreement for Prairie Bluffs Senior Living XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. CONSERVATION COMMISSION Synopsis: The City Council hosted Commission interviews on Tuesday, February 28, 2017. All terms will begin on April 1. MOTION: Move to: Appoint Anna Anderson to the Conservation Commission with a term ending March 31, 2020. XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER ANNOTATED AGENDA March 21,2017 Page 6 C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. Strategic Plan for Housing & Economic Development Synopsis: The City of Eden Prairie 2017-2020 Strategic Plan for Housing and Economic Development recognizes the Community Development Department's mission,prioritizes the Housing and Economic Development Divisions' projects, and identifies implementation strategies and funding sources for the next four years. It is a comprehensive update of the 2012- 2018 Strategic Plan for Housing and Economic Development and includes status updates for projects from the 2005 and 2012 Strategic Plans. Intended to be a"living document,"the 2017-2020 Strategic Plan will be a reference resource for the department, and amended and updated as future conditions change. Background The 2005 Strategic Plan for Housing and Economic Development was a collaborative interdepartmental effort that included City Council input. The plan was revisited in 2008 and 2010. In March,April and May of 2012, a series of three City Council workshops were held in relation to a more comprehensive update of the Strategic Plan. The purpose of these workshops was to update the City Council about the status of the 2005 initiatives and obtain input and direction from the Council for the new strategic plan. In 2016, additional revisions and updates were made to position the strategic planning project goals and process through 2020. The 2017-2020 Strategic Plan for Housing and Economic Development used the 2012-2018 Strategic Plan as a framework for updating the plan for 2017-2020. Divisions within the Community Development Department worked together to provide a draft of project priorities at the October 4 and November 15, 2016 City Council workshops. Based on Council feedback, Community Development staff prepared a final draft of the 2017-2020 plan for approval. MOTION: Move to: Approve the 2017-2020 Strategic Plan for Housing and Economic Development including any amendments per City Council direction. 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 ANNOTATED AGENDA March 21,2017 Page 7 XVI. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,MARCH 21, 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. QUALITY OF LIFE SURVEY PRESENTATION (NRC) V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MARCH 7, 2017 B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 7, 2017 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVE SECOND READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 11, RELATING TO BUILDING HEIGHT DEFINITION C. APPROVE SECOND READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 11, RELATING TO TREE REPLACEMENT D. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BRAUN INTERTEC CORPORATION FOR GEOTECHNICAL EVALUATION SERVICES FOR THE EDEN PRAIRIE ROAD EXTENSION TO FLYING CLOUD DRIVE STREET AND UTILITY IMPROVEMENTS CITY COUNCIL AGENDA March 21, 2017 Page 2 E. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF CONSULTING GROUP, INC. FOR 2040 TRANSPORTATION PLAN F. APPROVE GRANT AWARD FROM HENNEPIN COUNTY TO ADD AN AIS CLEANING STATION AT LAKE RILEY BOAT LANDING G. ADOPT RESOLUTION AMENDING RESOLUTION NO. 2017-28 (BANEBERRY HOLLOW REASSESSMENT) H. AMEND CONSERVATION EASEMENT OVER LOT 2,BLOCK 1 OF THE BLUFFS AT PURGATORY CREEK I. APPROVE CONTRACT WITH ESS BROTHERS, INC. FOR PURCHASE OF REPAIR RINGS FOR INFLOW AND INFILTRATION REPAIRS OF SEWER MANHOLES AND STORMWATER CATCH BASINS J. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH ADVANCED ENGINEERING AND ENVIRONMENTAL SERVICES (AEES) TO UPDATE THE WATER SYSTEM MASTER PLAN FOR COMPREHENSIVE PLAN UPDATE K. APPROVE CONTRACT WITH GREEN ACRES FOR HIDDEN PONDS IRRIGATION INSTALLATION L. APPROVE PURCHASE AGREEMENT WITH VIKING ELECTRIC SUPPLY FOR RILEY BARN PARKING LOT LIGHTS M. APPROVE USE OF CDBG FUNDS FOR SENIOR EMERGENCY REPAIR PROGRAM N. APPROVE MODIFICATION OF HOUSING REHAB LOAN REPAYMENT AGREEMENT TO INCORPORATE A PHASED REPAYMENT PLAN IX. PUBLIC HEARINGS/MEETINGS A. ROCKWILL ADDITION (Resolution for Preliminary Plat) X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS A. PRAIRIE BLUFFS SENIOR LIVING by Albert Miller. Second Reading of Ordinance for Planned Unit Development District Review with Waivers and Zoning District Change from Rural and Office to Rm-2.5 on 4.74 Acres; Resolution for Site Plan Review on 4.74 Acres. Location: 10217, 10220, 10240, 10280 Hennepin Town Rd and PID's 36-116-22-11-0026 & 36-116-22-11-0003) (Second Reading of an Ordinance for PUD District Review with waivers and Zoning District Change; Resolution for Site Plan Review) CITY COUNCIL AGENDA March 21, 2017 Page 3 XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. CONSERVATION COMMISSION XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. Strategic Plan for Housing & Economic Development D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ITEM NO.: VI.A. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,MARCH 7, 2017 CITY CENTER 5:00—6:25 PM, HERITAGE ROOMS 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Acting Mayor Ron Case, Council Members Brad Aho, Sherry Butcher Wickstrom, and Kathy Nelson PLANNING COMMISSION: Jon Stoltz, John Kirk, Ed Farr, and Mark Freiberg CITY STAFF: City Manager Rick Getschow, Police Chief Rob Reynolds, Fire Chief George Esbensen, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Planner Julie Klima, City Attorney Ric Rosow, and Recorder Jan Curielli GUESTS: John Houseal and Jaemi Jackson, Houseal Lavigne Associates Workshop-Heritage Room II I. ASPIRE EDEN PRAIRIE 2040 Acting Mayor Case called the meeting to order in Mayor Tyra-Lukens' absence. City Planner Klima said the purpose of this joint meeting with the Planning Commission is to review the update to the Comprehensive Guide Plan to be named Aspire Eden Prairie 2040. John Houseal, of Houseal Lavigne Associates, gave a PowerPoint overview of the process, the existing conditions analysis, the issues, opportunities and observations, and the community engagement plan. He explained the comprehensive plan will provide guidance and recommendations for Eden Prairie officials and staff over the next ten years and will provide a method to measure proposals that are brought to the City. The comprehensive plan also helps to guide capital improvements and investment in Eden Prairie. The planning process for Aspire Eden Prairie will occur throughout 2017 and into early 2018. The process will determine where Eden Prairie is right now, where the City wants to go, and how to get there. Jaemi Jackson, Houseal Lavigne Associates, said the process was kicked off in January when an internal working group of staff members was formed to help guide the process. The existing City Commissions will be used as sounding boards during the process. Several community-wide topics will be looked at closely, such as land use and development, housing and residential areas, transportation and mobility, parks, trails, open space and environmental features, and social equity. Jeremiah noted that resiliency and sustainability will be integrated throughout the plan. Mr. Houseal commented they have found it is more effective to include a resiliency component within the various chapters of the plan rather than having it as a separate topic. City Council Workshop Minutes March 7, 2017 Page 2 Nelson commented we have had the comprehensive plan around for quite a while, and it has kept the City going forward with what we wanted. She hoped the whole plan was not to be redesigned. Mr. Houseal replied they have reviewed all the existing plans that have guided the City and will not discard anything that merits being brought forward. He noted they did look in detail at the existing comprehensive plan. Ms Jackson said as part of their analysis of existing conditions they reviewed the past community surveys and performed a reconnaissance of the entire City to verify existing land use. At the staff kick-off meeting several important topics were identified including the changing demographics of the city, issues of development such as the LRT, affordable housing, and economic and work force development. Actions suggested to address those issues included increased storm water management, transportation and trail management,use of public art to enhance the City's image, and getting residents engaged in the community. Butcher Wickstrom asked how our commitment to preservation would be included. Mr. Houseal said, while that will be included in the discussions and planning process, things are changing around the community. For instance, there is not as much emphasis on sustainability as there was in 2009. The population is not the same, and there are new development challenges such as where to place multi-family housing. He noted it is important to actively work on the comprehensive plans every ten years or so. Butcher Wickstrom reiterated that preservation is very important to us. Ms Jackson said their retail gap analysis showed that many households with median incomes leave Eden Prairie to spend money elsewhere, which highlights the need for more restaurants and bars in the City, more motor vehicle and parts dealers, and additional furniture and home furnishing stores and other retail and service businesses. She said more people are coming into the City than are leaving it every day. Mr. Houseal said they estimate employees working in Eden Prairie spend an average of$128 per week, and that figure could represent a potential focus for the comprehensive plan. Stoltz asked how these analyses compare to surrounding cities. Mr. Houseal said Eden Prairie has a good base and good development potential, so the City could get stronger. Nelson said she has seen information at the State level that lists Eden Prairie as having one of the top business bases with some room for more; however,problems with parking and traffic were identified. Mr. Houseal said they will be working with a transportation consultant. Nelson commented it is essential to look at the Golden Triangle area because that is like an island with limited transportation potential. Ms Jackson said Eden Prairie is located in the Southwest Submarket of the Minneapolis/St. Paul region. That submarket includes more Class A office space than any other submarket, except for downtown Minneapolis and St. Paul, so there is some oversupply of office space here. There is also a trend for businesses to move their headquarters to downtown districts. Mr. Houseal said it will be important to focus on making the community a better and more attractive place in which people can work and live. The goal would be to position Eden Prairie as the top place in the Southwest Submarket. He noted millennials and empty nesters want many of the same things, and we need to provide for their needs within the community. City Council Workshop Minutes March 7, 2017 Page 3 Ms Jackson reviewed some of the concerns and opportunities to be considered in developing the plan: land use and development; connectivity and transportation; the changing face of industrial; demographic shifts; housing; environmental protection and resiliency; and a sense of community. Nelson noted she did not see energy included as a part of resiliency. We are proud that Eden Prairie had the first green neighborhood in the state. She would like to include the issue of getting more individual home owners and commercial businesses interested in energy conservation. Mr. Houseal reviewed the community outreach plan timeline. He said they plan to get community engagement on the front end of the process and expect to target stakeholders on topical issues and specific areas within the community. From March to August they will work with City staff to make sure staff have the tools they need to engage groups during that time. Stoltz asked if they will be using best practices. Mr. Houseal said in the beginning they plan to work with existing groups and have focused discussions with experts for City-wide topical areas. They plan to work with the groups in April and May and again in July and August. They will create the plan and then go out to the general public. Aho asked who will identify the subject matter experts in the various areas. Mr. Houseal said they will work with staff to identify the right people to include in the focus groups. Nelson said Eden Prairie has a long history of telling developers what we want, and she hoped this plan is not development driven. Mr. Houseal replied developers will not be driving the plan, although they expect to cooperate with developers and investors regarding certain types of housing and other development in the City. The developers will be able to help demonstrate market viability and have input on what will work in certain areas,but developers should not be driving the market. Butcher Wickstrom noted we have developers who have been here for decades. Mr. Houseal said they want the right people with competing voices in the focus groups, and they will need to have the development voice in the room. Case noted we have had great relationships with some of our developers so they will definitely need to be in the room. Aho commented developers would be better in touch with the market. Nelson commented developers look at what they can sell now; however, we have limited land and changing demographics will cause changes in housing needs. Mr. Houseal said it will be important to articulate the vision we want for certain areas of the community. Mr. Houseal reviewed the outreach tools they plan to use, including surveys, community workshops, focus groups and a project website. He said they will be working with staff over the next week to decide what tools they want to use to develop a detailed outreach plan. In closing, Mr. Houseal asked the Council Members and Planning Commission members to write down the five biggest issues facing Eden Prairie now. The responses included such issues as life cycle housing, maintaining and enhancing the Eden Prairie brand, transportation, City Council Workshop Minutes March 7, 2017 Page 4 connectivity with residents, dealing with an aging population, affordable housing, the impacts of the LRT and TOD, and our aging commercial and industrial base. After reviewing the results of the first exercise, Mr. Houseal asked the group to list the three most important issues in order of importance. He followed that exercise by asking them to list three specific things they would like to see work started on tomorrow, and what they would consider the assets of Eden Prairie. Open Podium - Council Chamber III. OPEN PODIUM IV. ADJOURNMENT LITEM NO.: VI.B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,MARCH 7, 2017 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, 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 Acting Mayor Case called the meeting to order at 7:00 PM. Mayor Tyra-Lukens was absent. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Aho moved, seconded by Butcher Wickstrom, to approve the agenda as published. Motion carried 4-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,JANUARY 17, 2017 B. COUNCIL WORKSHOP HELD TUESDAY, FEBRUARY 14, 2017 C. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 14, 2017 MOTION: Butcher Wickstrom moved, seconded by Nelson, to approve the minutes of the City Council workshops held Tuesday, January 17, and Tuesday, February 14, 2017, and the City Council meeting held Tuesday, February 14, 2017. Motion carried 4-0. CITY COUNCIL MINUTES March 7, 2017 Page 2 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. PRESTIGE DAYCARE by Shingobee. Request For Site Plan Review on 3 Acres of Un-Platted Land within 35-acre Parcel of Metropolitan Airports Commission (Mac) Owned Property(Resolution No. 2017-30) B. WOODLAND 3RD ADDITION DEVELOPMENT AGREEMENT AMENDMENT by Andrei Osinksy. Amend Development Agreement to Reflect Tree Replacement Requirements. (First Amendment-Woodland 2nd Addition; Second Amendment—Woodland 3rd Addition) C. APPROVE SECOND READING OF ORDINANCE NO. 2-2017 AMENDING CITY CODE CHAPTER 11, RELATING TO CELL TOWERS AND ANTENNAS AND ADOPT RESOLUTION NO. 2017-31 APPROVING SUMMARY ORDINANCE D. APPROVE PURCHASE OF FREEMOTION FITNESS EQUIPMENT FOR COMMUNITY CENTER E. AWARD CONTRACT FOR HOLASEK HILLS TENNIS COURT REHABILITATION TO NORTHWEST ASPHALT,INC. F. AWARD CONTRACT FOR OUTDOOR CENTER PLAY EQUIPMENT TO WEBBER RECREATIONAL DESIGN G. AWARD CONTRACT FOR HIDDEN PONDS OUTFIELD FENCING REPLACEMENT H. AWARD CONTRACT FOR RILEY LAKE PARK FENCING OUTFIELD FENCING REPLACEMENT I. AWARD CONTRACT FOR SUPPLY OF BITUMINOUS CRACK SEALANT MATERIAL TO MIDSTATES EQUIPMENT AND SUPPLY J. AWARD CONTRACT FOR STREET SWEEPING TO PEARSON BROS. K. ADOPT RESOLUTION NO. 2017-32 TO RECEIVE FEASIBILITY REPORT AND SET PUBLIC HEARING DATE FOR EDEN PRAIRIE ROAD EXTENSION L. AMEND CONSERVATION EASEMENT OVER LOTS 1 AND 2, BLOCK 1 OF SETTLERS WEST CITY COUNCIL MINUTES March 7, 2017 Page 3 M. APPROVE CONTRACT WITH ADVANCED ENGINEERING AND ENVIRONMENTAL SERVICES, INC. FOR UTILITY RATE ANALYSIS FOR WATER, SANITARY SEWER, AND STORM DRAINAGE N. APPROVE AMENDMENT TO EDEN PRAIRIE FIREFIGHTER RELIEF ASSOCIATION BYLAWS MOTION: Nelson moved, seconded by Aho, to approve Items A-N on the Consent Calendar. Motion carried 4-0. IX. PUBLIC HEARINGS/MEETINGS A. 2017 CDBG FUNDS (Resolution No. 2017-33) Getschow said this is a public hearing to consider the allocation of Community Development Block Grant (CDBG) funds the City receives from the Federal government on an annual basis. We are planning to receive $200,000, but the actual amount the City will receive is not available at this time. The funds are used for programs that benefit those of low and moderate income. Funding recommendations were made by the Eden Prairie Human Services Review Committee after reviewing the 2017 funding applications and the distribution percentage of funds in 2016. He reviewed the amounts recommended for the eight programs that will receive funding. Case asked if it was common practice in the past for us to allocate the funds prior to receiving the exact amount of Federal funding. He also asked if this amount is contingent on approval by this year's Congress. Jeremiah said the Federal government's year starts in July, so she did not believe they have been approved yet. The recommendations are based on expectations and recommendations from staff. It is typical that we don't know the amount at this time; however, we must have a public hearing on the action plan. The amounts would be adjusted if necessary; however, the total amount of$200,000 for the funding recommendations is a fairly conservative number. Case said he is hearing talk at the Federal government level about funding for additional spending in the military budget that would be pulled from this type of discretionary funding. He asked if we would cut the allocation amounts by a similar percentage if there were cuts made to this funding. Jeremiah replied cuts would be made first to the housing rehab program. She noted the programs are not getting the amounts they requested, and, if adjustments are necessary, staff tries to equalize those. She said staff could come back to the City Council if we have to do deep cuts. Jon Burkhow, Director of Household& Outdoor Maintenance for Elderly (HOME), said their program helped 29 seniors in Eden Prairie in 2016. He thanked the Council for the funding and support. He also thanked the volunteers from Eden Prairie organizations who helped this year. CITY COUNCIL MINUTES March 7, 2017 Page 4 Janet Palmer, Executive Director of PROP Food Shelf, said the support provided from these funds helped 17 families with rent in 2016. Others were helped through the emergency vehicle repair funding. She noted they have lost some funding sources, and the supply of affordable housing keeps diminishing. She wanted to make the Council aware of how important the funds are. MOTION: Butcher Wickstrom moved, seconded by Aho, to close the public hearing and to adopt Resolution No. 2017-33 approving the use of 2017 CDBG funds as recommended by the Eden Prairie Human Services Review Committee. Motion carried 4-0. Case noted these requests are vetted very closely, and this program is a Federal government pass through. B. CEDARCREST STABLES by Pemtom Land Company. First Reading of Ordinance for Zoning District Change from Rural to R1-13.5 and R1-9.5 on 10.65 acres; Resolution 2017-34 for PUD Concept Review; Resolution 2017-35 for Preliminary Plat of one lot into 17 lots on 10.65 acres. (Ordinance for Zoning District Change; Resolution No. 2017-34 for PUD Concept Review; Resolution No. 2017-35 for Preliminary Plat) Getschow said the project involves the subdivision of a 10.65-acre property into 17 single family lots. The property is guided Low-Density Residential and is currently zoned Rural. The application also includes a request to rezone the property from Rural to R1-9.5 and R1-13.5. The lots along Stirrup Lane, which are proposed to be zoned R1-9.5, range in size from 10,178 square feet to 23,669 square feet. The lots proposed to be zoned to R1-13.5 range in size from 26,181 square feet to 36,968 square feet. The applicant is also requesting approval of a Planned Unit District review with waivers. The requested waivers include the following: the Valley Road cul-de-sac length changed from 500 feet to 570 feet; and the driveway setback for shared driveways on Lots 11-13 may be closer than 3 feet from the property line. The Planning Commission voted 5-0 to recommend approval of the project at the February 13, 2017, meeting. Dan Blake, representing Pemtom Land Company, addressed the proposal. The project is located just west of Eden Prairie Road and is surrounded by property that was developed in the late 1990's. The property owners operated an equine facility there for about 20 years. The lower one-third of the property is fairly wooded, and the rest is pasture land. Stirrup Lane and Cedarcrest Drive will be extended to connect as part of the project, and Valley Road will be extended as a cul-de-sac in the project. The 17 lots will be bigger than some developments in the zoning districts. They expect the houses to sell in the $650-800,000 range. If the project is approved, they would plan to start construction with good weather this spring. Home building would start later this year. There were no comments from the audience. CITY COUNCIL MINUTES March 7, 2017 Page 5 MOTION: Aho moved, seconded by Nelson, to close the public hearing. Motion carried 4-0. Case said he walked the property today and wanted to verify the unimproved road leading into the existing home would be improved. In addition, he noticed that Stirrup Road is quite elevated on the north side, and the four acres included in Block 1, Lots 1-4 will be located in a bowl. Mr. Blake said that was true to some extent, and the lots on the south side will have some fill. Lots 1-4 will be cut into the hill, and there will be a catch basin in the back of Lot 1 for drainage. Case asked about the catch basin in the neighboring lot to the west. Mr. Blake replied they have worked with that neighbor and will reroute the pipe into the pond they will create for the project. Case said the Council has discussed the concept of heritage trees, and a large oak tree that might be considered to be a heritage tree has sustained tremendous damage. While we continue to be very sensitive of our heritage trees, he was not sure that particular one should be saved because of the damage it has sustained, so that tree may not be deserving of credit in the tree replacement plan. He noted he was pleased with this project--a skinny one that fits in nicely with the surrounding properties. Nelson asked if this area will have sidewalks. Mr. Blake said there will be a bike path on the south side. Nelson asked if they will keep as many trees around the edges as possible. Mr. Blake said they plan to take some trees out of the south 1/3 of the property if necessary for the road building. They have based their tree replacement policy on their best estimate of the house pad locations on the lots. MOTION: Aho moved, seconded by Butcher Wickstrom, to adopt Resolution No. 2017-34 for a Planned Unit Development concept review on 10.65 acres; to approve 1st reading of the ordinance for Planned Unit Development district review with waivers and a Zoning District change from Rural Zoning district to R1-13.5 on 7.19 acres and from Rural to R1-9.5 on 3.46 acres; to adopt Resolution No. 2017-35 for preliminary plat of one lot into 17 lots; and to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions. Motion carried 4-0. C. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 11, RELATING TO BUILDING HEIGHT DEFINITION Getschow said this ordinance does not need second reading tonight. While working with development teams and individual residents, inconsistencies between the building code and zoning code definition of building height have come to staff's attention. In order to reduce the inconsistencies and provide for a building height definition that is more user friendly, staff is proposing the definition of building height be revised in the zoning ordinance. At its January 23, 2017 meeting, the Planning Commission voted 8-0 to recommend approval of the text amendment to Section 11.02 subject to the information in the staff report dated January 19, 2017. CITY COUNCIL MINUTES March 7, 2017 Page 6 There were no comments from the audience. MOTION: Nelson moved, seconded by Butcher Wickstrom, to close the public hearing and to approve first reading of the ordinance to amend City Code Section 11.02 to revise the definition of building height and add the definition of grade plane. Motion carried 4-0. D. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 11, RELATING TO TREE REPLACEMENT Getschow said some current development proposals would be affected by changes to the tree replacement ordinance, therefore staff is requesting both first and second reading of the ordinance tonight. Approving both first and second reading would require unanimous approval by the Council. He noted the Council spent much time in 2016 discussing an update to our tree replacement ordinance. An amendment to the ordinance was approved by the Council in 2016, but did not include one item that was discussed during the year. Tonight's amendment addresses that discussion and would give a credit of up to 50% for saving heritage trees. At its February 27, 2017 meeting, the Planning Commission voted 7-0 to recommend approval of the text amendment to Section 11.55. He noted the City Forester would work with the developer to identify trees that were damaged or otherwise should not be counted towards the heritage tree credit. Dan Blake, representing Pemtom Land Company, said the amendment would have a negative impact on an application they have submitted, and the owner of that property has asked to be exempt from this amendment. Case said he saw this as a positive change and asked how this could be perceived as negative. Mr. Blake responded that the wording,prior to this amendment, stated a credit is given for saving a heritage tree; however, this amendment now states the credit would be limited to 50%. Case asked if there is any precedence regarding any proposals that are in the pipeline. Getschow said the Council has the ability to make an exemption for a particular project. Since the project application has been submitted, this amendment might not apply. Aho asked what the impact would be on the project. Mr. Blake said that site is very wooded and has many heritage trees. Getschow suggested the Council go forward only with first reading to have time to determine the issue with this application before second reading. Butcher Wickstrom said she would prefer to do only the first reading tonight because the project appears to be caught in the crossfire. Case said we have been very successful at preserving trees, which was the Council's intent when the original tree preservation ordinance was revised. He saw this as a small tweak, and it doesn't sound like it would be a problem to give a waiver down the way, if necessary. CITY COUNCIL MINUTES March 7, 2017 Page 7 Nelson asked why we are looking at limiting the credit to 50% instead of the way it is currently written. Jeremiah replied staff's understanding from discussions with the Planning Commission and the City Council regarding heritage tree preservation was that some limits were desired. She noted the exact amount of credit is open to discussion. Nelson said it would seem we would want to save what we can of the heritage trees. MOTION: Butcher Wickstrom moved, seconded by Nelson, to close the public hearing and to approve first reading of the ordinance to amend City Code Section 11.55 to revise the credit for heritage trees in tree replacement requirements. Motion carried 4-0. X. PAYMENT OF CLAIMS MOTION: Aho moved, seconded by Butcher Wickstrom, to approve the payment of claims as submitted. Motion was approved on a roll call vote,with Aho, Butcher Wickstrom, Case, and Nelson voting "aye." XI. ORDINANCES AND RESOLUTIONS A. FIRST AND SECOND READING OF ORDINANCE NO. 3-2017 AMENDING CITY CODE SECTION 2.23, SUBD. 3,RELATING TO MEMBERSHIP RANGE FOR CONSERVATION COMMISSION AND HUMAN RIGHTS & DIVERSITY COMMISSION Getschow said two weeks ago the City Council interviewed close to 40 people for openings on the City boards and commissions. That is a record number of people interested in serving on our boards and commissions. There are two commissions, the Conservation and Human Rights and Diversity Commissions, that are in the five to seven-member range. The Human Rights &Diversity Commission had close to 20 applicants for just one position. The thought is to increase the size of the two commissions to be 5-9 positions, which would provide some flexibility and would match the size of the other commissions. MOTION: Nelson moved, seconded by Aho, to approve first and second readings of Ordinance No. 3-2017 amending City Code Section 2.23, Subd. 3, relating to the membership range for the Human Rights and Diversity Commission and the Conservation Commission. Motion carried 4-0. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. 2017 COMMISSIONS MOTION: Aho moved to appoint to the Conservation Commission Daniel Katzenberger, Kate Lohnes,Nate Pischke, and Lori Tritz with terms ending March CITY COUNCIL MINUTES March 7, 2017 Page 8 31, 2020; Butcher Wickstrom moved to appoint to the Flying Cloud Airport Advisory Commission Daniel Dorsen, Braj Agrawal, and Keith Tschohl with terms ending March 31, 2020; Case moved to appoint to the Heritage Preservation Commission Shanti Shah and Meredith Anderson with terms ending March 31, 2020;Nelson moved to appoint to the Human Rights and Diversity Commission Harvey Humes, Katherine Lucht, and Rehmatbai Sumra with terms ending March 31, 2020; Aho moved to appoint to the Parks, Recreation &Natural Resources Commission Cecilia Cervantes, Patrice Erickson, Leonard Pescheck, and John Rahman with terms ending March 31, 2020; and Butcher Wickstrom moved to appoint to the Planning Commission John Kirk, Andrew Pieper, Chuck Webber, Christopher Villareal, and Michael DeSanctis with terms ending March 31, 2020. Nelson seconded the motions. Motion carried 4-0. Nelson noted we plan to ask some applicants who were not appointed to serve on boards and commissions to serve on task forces. Getschow said that was correct. We want to use all the talent we have in the City; therefore, we plan to ask the 13 people who did not get placed on the Human Rights and Diversity Commission this year to serve on task forces that will be formed. B. 2017 COMMISSION CHAIRS & VICE CHAIRS MOTION: Aho moved to appoint Lori Tritz - Chair and Ashley Young - Vice Chair of the Conservation Commission; Butcher Wickstrom moved to appoint Keith Tschohl - Chair and Bob Barker-Vice Chair of the Flying Cloud Airport Advisory Commission; Case moved to appoint Steve Olson- Chair and Tara Kalar -Vice Chair of the Heritage Preservation Commission; Nelson moved to appoint Sana Elassar- Chair and Gregory Leeper-Vice Chair of the Human Rights and Diversity Commission; Aho moved to appoint Larry Link- Chair and Debra McBride -Vice Chair of the Parks, Recreation and Natural Resources Commission; and Butcher Wickstrom moved to appoint Andrew Pieper- Chair and Ed Farr-Vice Chair of the Planning Commission. Nelson seconded the motions. Motion carried 4-0. XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Approve RJM Change Order No. 1 For Aquatics Expansion Project Lotthammer said construction of the aquatics and fitness expansion of the Community Center has been completed. This request is to act on Change CITY COUNCIL MINUTES March 7, 2017 Page 9 Order No. 1 with RJM Construction, who acted as our construction manager over the two years of construction of the expansion. Changes were required for unexpected circumstances, items that were not included on the original plans, and some items that brought about project savings. The total contract amount increases from $19,100,649 to $19,875,096, or a net amount of $774,447 for the additions and savings. Aho commented he calculated the percentage change for this to be about 4% of the original contract. He noted it is typical to have a contingency of 5-7% for a large project such as this, so he believed a 4% increase in the total scope of the project is not unwarranted. Lotthammer said there was a contingency of$600,000 built into the original project budget. In addition, there are funds available from bond premium proceeds and from a CIP project that has been determined not to be feasible, so this change will not increase taxes nor will it bring a need to bond any further. Case said he felt the change falls within the normal contingency provision, and many of the items added value to the project. MOTION: Aho moved, seconded by Butcher Wickstrom, to approve RJM Change Order No. 1 for the Aquatics Expansion Project in the amount of $774,447. Motion carried 4-0. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Butcher Wickstrom moved, seconded by Nelson, to adjourn the meeting. Motion carried 4-0. Acting Mayor Case adjourned the meeting at 8:05 PM. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 21, 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 Temporary Liquor Organization: City of Eden Prairie Event: Arts in the Park Date: Saturday, May 20, 2017 Place: Purgatory Creek Park 13001 Technology Drive Temporary Liquor Organization: Eden Prairie Lions Club Event: Wings of the North SW Chamber of Commerce Event Date: Thursday, April 27, 2017 Place: Wings of the North 10100 Flying Cloud Drive - 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 21, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.B. Community Development/Planning Janet Jeremiah/Julie Klima Code Amendment—Building Height Requested Action Move to: • Approve 2nd Reading of the Ordinance to Amend City Code Section 11.02 to revise the definition of building height and add the definition of grade plane. Synopsis This is the final approval of an ordinance relating to revising the definition of building height and adding a definition of grade plane. Attachment Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2017 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11, SECTIONS 11.02 RELATING TO BUILDING HEIGHT; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code Chapter 11, Section 11.02 is hereby amended by deleting the definition of building height and inserting a new definition for building height as follows: "Building height- the vertical distance from the grade plane to the highest point of the coping of the highest flat roof or to the deck line of the highest mansard roof or to the average height of the highest gable of a pitched or hipped roof." Section 2. City Code Chapter 11, Section 11.02, is hereby amended by a new definition as follows: (items to be renumbered) "Grade Plane: A reference plane representing the average finished ground level adjoining the building at the exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the closest adjacent lot line or, where the closest adjacent lot line is more than 6 feet from the building, between the building and a point 6 feet from the building." Section 3. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 7TH day of March, 2017, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 21st day of March, 2017. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor Published in the Eden Prairie News on the day of , 2017. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 21, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.C. Community Development/Planning Janet Jeremiah/Julie Klima/Parks & Code Amendment—Tree Recreation/Jay Lotthammer/Matt Replacement Requirements Bourne Requested Action Move to: • Approve 2nd Reading of the Ordinance to Amend City Code Section 11.55 to revise the credit for Heritage Trees in Tree Replacement Requirements. Synopsis This is the final approval of an ordinance relating to revising the City Code to allow for a limit to the amount of credit to tree replacement requirements based on the amount of Heritage Trees preserved. This ordinance includes language clarifying that this amendment is applicable to applications deemed to be complete March 7, 2017 or later. Attachment Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2017 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11, SECTION 11.55 RELATING TO TREE REPLACEMENT; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND 11.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code Chapter 11, Section 11.55, Subd. 4.C.1 is hereby amended by deleting the last sentence in its entirety and replacing it with the following: "In the case one or more Heritage trees are saved, the amount of Diameter-inches of said saved Heritage tree(s) may be subtracted from the replacement required by Subd. C. 1 of this Subdivision, provided however in no event shall the amount subtracted exceed 50% of the Replacement Trees (Number of Caliper Inches) as determined by the formula in Subd. C. 1. The not to exceed 50% limitation shall apply to applications deemed to be complete on or after March 7, 2017." Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 5.99 and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 7th day of March, 2017 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 21st day of March, 2017. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor Published in the Eden Prairie News on the day of , 2017. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 21, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: Approve ITEM NO.: VIII.D. Rod Rue Professional Services Agreement with Braun Public Works/Engineering Intertec for Geotechnical Evaluation Services for the Eden Prairie Road Extension to Flying Cloud Drive Improvements, #13-5844 Requested Action Move to: Approve Professional Services Agreement with Braun Intertec Corporation for Geotechnical Evaluation Services for the Eden Prairie Road Extension to Flying Cloud Drive Street and Utility Improvements Synopsis This Professional Services Agreement will provide Geotechnical Evaluation Services (soil borings and design recommendations) for the final design of the Eden Prairie Road Street and Utility Improvements. Background Information The extension of Eden Prairie Road to Flying Cloud Drive project includes the re-alignment of the road to provide a safer vehicular and pedestrian connection to Flying Cloud Drive. The existing road has sharp curves, steep grades and poor sight lines, which will be improved with the re-alignment project. The re-alignment of the roadway will require grading and a retaining wall(s) along the adjacent slope of Flying Cloud Drive. In addition, the Eden Prairie Road improvements will include proposed city utility improvements along the existing Eden Prairie Road corridor and extending easterly along Flying Cloud Drive to the Lion's Tap site. The geotechnical evaluation outlined in this agreement will provide design and construction recommendations for grading/retaining wall options, roadway,utilities, lift station, and stormwater improvements. The geotechnical evaluation service work will support the design work that is being completed for the Eden Prairie Road Improvements under a separate contract with SRF Consulting Group. Financial Implications The Professional Services Agreement with Braun Intertec Corporation has an estimated cost of $76,295. The project costs will be funded by Municipal State Aid, however it is anticipated that the project will also be funded by special assessments, connection fees, and city utility funds. Attachment Professional Services Agreement Standard Agreement for Professional Services This Agreement ("Agreement") is made on the 21st day of March , 2017, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Corp*r.i:on Mitchell Road, Eden Prairie, MN 55344, and Braun Intertec;-3e., a Minnesota Corporation (hereinafter"Consultant") whose business address is 11001 Hampshire Avenue S, Minneapolis, MN 55438 . 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 Geotechnical Evaluation for Eden Prairie Road near Elvinq Cloud Drive hereinafter referred to as the"Work". The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to prCovidI ee the professional services shown in p�,Y.1 on Exhibit A (Letter Proposal from Braun Intertec; ?aated March 7, 2017) in connection with the Work. The terms of this Agreement shall take precedence over any provisions of the Consultants proposal and/or general conditions. If the Consultants proposal is attached as the Exhibit A Scope of Work, City reserves the right to reject any general conditions in such proposal. 2 Term. The term of this Agreement shall be from March 21, 2017 through December 31, 2017 the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3 Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $ 76,295 for the services as described in Exhibit A. A. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. D. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. B. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on Exhibit A performed prior to receipt of written notice from the City of such suspension. C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. Standard Agreement for Professional Services 2014.04 Page 2 of 8 D. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 6. Project Manager and Staffing. The Consultant has designated Jeffrey Casmer and Bryan Field to serve on the Project. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the designated staff from the Project without the approval of the City. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act compliance language. 9. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein. 10. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the Standard Agreement for Professional Services 2014.04 Page 3 of 8 performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 11. Independent Consultant. Consultant is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Consultant an employee of the City. 12. Insurance. a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General Liability $1,500,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products — Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 Standard Agreement for Professional Services 2014.04 Page 4 of 8 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. It shall be Consultant's responsibility to pay any retention or deductible for the professional liability insurance. Consultant agrees to maintain the professional liability insurance for a minimum of two (2) years following termination of this Agreement. e. Consultant shall maintain "stop gap" coverage if Consultant obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. f. All policies, except the Worker's Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the "City of Eden Prairie" as an additional insured on ISO forms CG 20 10 07 04 or CG 20 10 04 13; and CG 20 37 07 04 or CG 20 37 04 13, or their equivalent. g. All policies, except the Professional Liability Policy, shall apply on a "per project" basis. h. All polices shall contain a waiver of subrogation in favor of the City. i. All policies, except for the Worker's Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. j. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. k. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City's written acceptance of the Work. I. It shall be Consultant's responsibility to pay any retention or deductible for the coveraeges required herein. m. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days' prior notice to the City, except that if the cancellation or non- renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten (10) days' prior notice to the City. n. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant's sole expense and with insurance companies licensed to Standard Agreement for Professional Services 2014.04 Page 5 of 8 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 omission performed, taken or not performed or taken by Consultant, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Standard Agreement for Professional Services 2014.04 Page 6 of 8 Consultant harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 14. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 15. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 16. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 18. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 19. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. Standard Agreement for Professional Services 2014.04 Page 7 of 8 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 ► rwwn S".dre-kec C.-p.r4A:on By: grit," c. r e 1� Its: Pr;nc04 3In.tec— Standard Agreement for Professional Services 2014.04 Page 8 of 8 B R A UJ N Braun Intertec Corporation Phone:952.995.2000 11001 Hampshire Avenue S Fax: 952.995.2020 iNTE RTEC Minneapolis,MN 55438 Web: braunintertec.com The Science You Build On. March 7, 2017 Proposal QTB049896 Rodney Rue, PE City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Proposal for a Geotechnical Evaluation Eden Prairie Road Realignment Eden Prairie Road near Flying Cloud Drive Eden Prairie, Minnesota Dear Mr. Rue: Braun Intertec Corporation respectfully submits this proposal to complete a geotechnical evaluation for the proposed Eden Prairie Road Realignment near the intersection of Flying Cloud Drive in Eden Prairie, Minnesota. Our Understanding of Project We understand the City of Eden Prairie (City) is planning to realign Eden Prairie Road where it connects with Flying Cloud Drive. Currently,the alignment has steep grades and sharp turns as the road drops in elevation by approximately 100 feet from the river bluff to the valley below.As part of the realignment, we understand the City and their design consultant, SRF Consulting Group, Inc. (SRF), are considering options for supporting the anticipated 60-foot cut to realign the roadway. The options being considered include several different retaining wall alternatives, as well as grading of the slope. As part of the project design,the City and SRF have requested a two-phase approach for soil borings and a geotechnical evaluation to evaluate design options and provide recommendations for supporting the cut. Purpose The purpose of our geotechnical evaluation will be to characterize subsurface geologic conditions at selected exploration locations, evaluate their impact, and provide recommendations for the design and construction of the proposed earth retention system, roadway, utilities, pump station, and stormwater improvements. Scope of Services The following tasks are proposed to help achieve the stated purpose. If unfavorable or unforeseen conditions are encountered at any point during the completion of the tasks that lead us to recommend an expanded scope of services,we will contact you to discuss the conditions before resuming work. City of Eden Prairie Proposal QTB049896 March 7, 2017 Page 2 As discussed with the City and SRF,we propose to complete our services in two phases. The first phase will collect preliminary information to determine the soil conditions and assist with determining the preferred retaining wall type, ponding and lift station design options. Once an option has been selected, we will complete additional explorations and evaluations to provide our final recommendations. Site Reconnaissance Prior to completing the soil borings,we propose to have a geotechnical engineer and a drilling representative visit the site to determine potential access routes to the proposed boring locations. Additionally, we will observe the existing conditions and note items of geotechnical significance such as rock outcrops, slope failures or distress, and groundwater seeps. Site Access, Staking, and Utility Clearance Based on provided project information and a site meeting with the design team, we anticipate the site and boring locations will require a track-mounted drill rig to access the boring locations.The borings will be located on the side of the heavily wooded slope above Flying Cloud Drive. We understand the City will assist with access by providing tree clearing, minor grading, and snow removal services as necessary. We will stake prospective subsurface exploration locations and obtain surface elevations at those locations using GPS (Global Positioning System)technology. Depending on access requirements,ground conditions, or potential utility conflicts, our field crew may alter the exploration locations from those proposed to facilitate accessibility. Prior to drilling or excavating, we will contact Gopher State One Call and arrange for notification to the appropriate utility vendors to mark and clear the exploration locations of public underground utilities. You, or your authorized representative, are responsible to notify us before we begin our work of the presence and location of any underground objects or private utilities that are not the responsibility of public agencies. Standard Penetration Test Borings As coordinated with the design team, we propose to complete the soil borings in two phases for this project.The approximate boring locations, as identified on the attached preliminary exhibit for information purposes only, provide a general understanding of the boring locations to be drilled.We also included the approximate locations of the soil borings previously completed for both the City of Eden Prairie and Hennepin County.The locations of the proposed borings will supplement, where appropriate, the existing soil data available to us. The actual soil boring locations will be determined based on project alignment design files at locations accessible to our drill equipment. Retaining Wall For the retaining wall,we anticipate completing two (2) standard penetration test (SPT) borings during the first phase and an additional three (3) borings during the second phase.Table 1 that follows summarizes the proposed soil boring quantity and depths. B RAU N INTERTEC City of Eden Prairie Proposal QTB049896 March 7, 2017 Page 3 Table 1. Summary of Proposed Retaining Wall Structure Borings Depth Phase Type Quantity (ft) Phase 1 SPT 1 60 SPT 1 100 SPT 1 60 Phase 2 SPT 1 80 SPT 1 100 For the Phase 1 borings, penetration tests will be performed at 5-foot vertical intervals to a depth of 100 feet, and at 10-foot intervals at greater depths, if necessary (in general accordance with ASTM Method D1586). If bedrock is encountered prior to our planned termination depths within the Phase 1 borings,we will drill as deep as auger or rotary drilling methods will allow; however, we have not budgeted for rock coring. If necessary,we can make adjustments to the sampling intervals for the Phase 2 borings based on the encountered soil and rock conditions to obtain the appropriate subsurface information for final design. If groundwater is encountered in the boreholes,the depth where it is observed will be recorded on the boring logs. Ponds, Pump Station, and Utilities As discussed with SRF, we also propose to complete soil borings for potential ponding locations in a two phase approach, as well as borings for a potential pump station and utility upgrades. We anticipate completing three (3) SPT borings during the Phase 1 program (one for the County Pond Location,the second for the potential pond location uphill, and the third for the pump station) and depending on the actual ponding location, up to two (2) SPT borings during the Phase 2 program.Table 2 below summarizes the proposed pond, pump station and utility soil borings. Table 2. Summary of Proposed Pond, Pump Station,and Utility Borings Depth Phase Type Quantity (ft) Phase 1 SPT(Pond&Pump Station) 2 40 SPT(Pond) 1 60 Phase 2 SPT(Pond) 2 60 SPT(Utility-EP Road) 1 15 For the Phase 1 pond borings, penetration tests will be performed at 5-foot vertical intervals to the proposed pond bottoms and then at 2 1/2-foot vertical intervals to the termination depths, in general accordance with ASTM Method D1586. Penetration tests for the proposed utility boring will be performed at 2 1/2-foot vertical intervals to termination depth, while penetration tests for the proposed pump station will be performed at 5-foot vertical intervals to termination depth. If bedrock is encountered prior to our planned termination depths within the Phase 1 borings,we will drill as deep as auger or rotary drilling methods will allow; however,we have not budgeted for rock coring. If necessary, we can make adjustments to the sampling intervals for the Phase 2 borings based on the encountered soil and rock conditions to obtain the appropriate subsurface information for final design. B RAU N INTERTEC City of Eden Prairie Proposal QTB049896 March 7, 2017 Page 4 If groundwater is encountered in the boreholes during the drilling investigation, the depth where it is observed will be recorded on the boring logs. Vibrating wire piezometers are proposed to be installed in each of the Phase 1 soil borings to measure groundwater elevations over time at the two potential ponding locations and pump station. We have budgeted engineering effort to install, program, and download data from data loggers as well as decommissioning prior to project completion. Borehole Abandonment Boreholes will be immediately backfilled upon completion. Minnesota Well Code requires sealing of any boring or core that encounters groundwater and is either greater than 25 feet deep or penetrates a confining layer. Based on the intended exploration depths, we anticipate sealing up to 660 feet of borehole for the project. Sample Review and Laboratory Testing Soil samples will be returned to our laboratory,where they will be visually classified and logged by a geotechnical engineer in general accordance with ASTM D2487.To help classify the materials encountered and estimate their engineering and infiltration properties, we have budgeted to perform the laboratory testing listed below.Actual laboratory testing performed will be dependent on the soils encountered and will be at the discretion of the geotechnical engineer. Phase 1 Borings: ■ 24 Moisture content tests (ASTM D2216) ■ 8 Sieve analyses through#200 sieve only(ASTM D1140) ■ 4 Sieve analyses,full sieve set (ASTM C 136 and C117) ■ 4 Sieve-Hydrometers (ASTM D 422) Phase 2 Borings: ■ 42 Moisture content tests (ASTM D2216) ■ 8 Sieve analyses through#200 sieve only(ASTM D1140) ■ 8 Sieve analyses,full sieve set (ASTM C 136 and C117) ■ 2 Sieve-Hydrometers (ASTM D 422) ■ 2 Constant head permeability tests (ASTM D2434) ■ 2 Falling head permeability tests (ASM D 5084) Preliminary Engineering Analysis and Reporting Data obtained from the Phase 1 borings and laboratory tests will be used to evaluate the subsurface profile and groundwater conditions, and perform preliminary engineering analysis for the pump station and retaining wall, including a preliminary global stability analysis, to assist the design team in selecting the preferred wall alternative. B RAU N INTERTEC City of Eden Prairie Proposal QTB049896 March 7, 2017 Page 5 Engineering Analysis and Reporting After completing the Phase 2 borings, data obtained from all the borings and laboratory tests will be used to evaluate the subsurface profile and groundwater conditions, perform additional engineering analyses, including a final global stability analysis, related to the preferred retaining wall alternative design and construction, and prepare a report, including: • A CAD-generated sketch showing exploration locations. • Logs of the borings describing the materials encountered and presenting the results of our groundwater measurements and laboratory tests. • A summary of the subsurface profile and groundwater conditions. • Discussion regarding the reuse of on-site materials during construction and the impact of groundwater on construction. • Results of stability analyses. • Recommendations for preparing structure, utility, and pavement subgrades, including soil correction depths or deep foundation elements, if applicable, and the selection, placement, and compaction of excavation backfill and other structural fill. • Recommendations for foundation support, retaining wall design, pavements, and stormwater infiltration. One hard copy of the report will be provided for the City of Eden Prairie, as well as an electronic copy.At your request, additional copies can be submitted to you and other project team members. Cost We will furnish the services described in this proposal on a time and materials basis for an estimated fee of$76,295.The table below provides a breakdown of the proposed costs for the project. Table 3. Proposed Fee Summary Phase Quantity Cost Site Layout—Staking, Utility Clearance $685 Field Exploration—Initial Soil Borings 20,420 Geotechnical Soil Tests 1,940 Phase 1 Site Recon 850 Drilling Coordination and Sample Review 1,900 Preliminary Design Options Analysis 3,560 Project Design Meetings and Coordination 2,680 Preliminary Stability Analysis 1,460 Phase 1 Total $33,495 B RAU N INTERTEC City of Eden Prairie Proposal QTB049896 March 7, 2017 Page 6 Phase Quantity Cost Site Layout—Staking, Utility Clearance $880 Field Exploration—Final Soil Borings 25,340 Geotechnical Soil Tests 4,100 Phase 2 Drilling Coordination and Sample Review 1,900 Stability Analysis 5,560 Project Design Meetings and Coordination 2,480 Final Report 2,540 Phase 2 Total $42,800 Project Total $76,295 Our work may extend over several invoicing periods. As such, for work that is performed during the course of each invoicing period, we will submit partial progress invoices. Schedule We anticipate our work can be performed according to the following schedule: ■ Initial drill rig mobilization—within about 4 weeks following receipt of authorization. ■ Field exploration—4 days on-site to complete the initial soil borings and an additional 8 days to complete the full final soil boring program. ■ Classification and laboratory testing—within about 1 to 2 weeks following completion of the field exploration. ■ Preliminary results and recommendations—within about 2 weeks following each phase of the field exploration. ■ Report submittal—within about 4 weeks after completion of the final field exploration. If our proposed scope of services cannot be completed according to this schedule due to circumstances beyond our control,we may need to revise this proposal prior to completing the remaining tasks. General Remarks We appreciate the opportunity to present this proposal to you. We will be happy to meet with you to discuss our proposed scope of services further and clarify the various scope components. B RAU N INTERTEC City of Eden Prairie Proposal QTB049896 March 7, 2017 Page 7 If the proposed scope of work is acceptable,we anticipate the City will issue a Professional Services Agreement with this proposal as an attachment.The proposed fee is based on the scope of services described and the assumptions that our services will be authorized within 30 days and that others will not delay us beyond our proposed schedule. To have questions answered or schedule a time to meet and discuss our approach to this project further, please contact Jeff Casmer at 952.995.2314 (jcasmer@braunintertec.com), Bryan Field at 952.995.2254 (bfield@braunintertec.com) or Josh Van Abel at 952.995.2310(jvanabel@braunintertec.com). Sincerely, BRAUN INTERTEC CORPORATION Jeffrey D. Casmer, PE Project Engineer Bryan C. Field. PE Principal—Senior Engineer Attachment: Preliminary Exhibit- Proposed Soil Boring Location Sketch c: Mr. Matt Hansen; SRF Consulting Group, Inc. BRAUN INTERTEC ' r 3 E.1-ill-1' ��PID: A_D"11652.204450013 41 t k,ram+ 1 -----\ r ® N aoo - / OWNER:EDSTROM ` z FEASIBIUTY ID:34 o S . ��-i a o m 0 4 ADDRES5:10101 '� KEYED NOTES: Lrc o Gi -�� - a.. ER:CARLSON a'o,l w ce ��.. _ PID:29-116-22-44-0016 • IBI T�Y ID:30 zo o a o ` ,'I • P 'A11D6�zz0o12 A AQ EXISTING PROPERTY LINE J 40 a ��� o f __ 3 t7 �� © PROPOSED SCHEMATIC RETAINING WALL Jo J' \. a�W o s Q �; I wNER, T13�M� 41 � 7 � J ® a ��� �Iii L� DBESS:1 ILITY 0133 -\i ---- - - - - ER:CARL 'l. ©EXISTING 66' ROW �+ i (� 2N .��t► �Oenc ^; )-22 -oo,. "� ORES : 01• 1 1 PROPOSED ROW \ I" � �••�V�-� ' o o r�-� :PI - 2-44-coos `t _ 'A ) �.y �� „ram s � o ©PROPOSED CONSTRUCTION LIMITS - �����Y r .d, ,,,•'��.,,.:i I c I Q C 1. \ cc �� ��` ,_ 4 T ©POSSIBLE PEDESTRIAN REST AREA 1 t �' y :.. .. .. ��:: _.. 6 A .. ! � ,- Dr \ I g .. II r 810' BITUMINOUS TRAIL . © `Is- - —F I-T-I �sc-- WNER:EDS - 0. lb • .. a- — r _ ,�� :�w• j ;ADSDRi es'2z-44-oo1a. `N d y © 30 MPH DESIGN SPEED CURVE o • ,.�—.it I. O Ca -•r' 4� �» a. S "� / ��,,,.�`!,,'►`' O " �fl a J� (©PROPOSED DRIVEWAY APPROX. 70' ( -7 LONG. EXISTING DRIVEWAY APPROX. 85' lS / 11 �� m n o e� n N { 0 / / O \\ Cis.r-9 i 0 5 2 M_ o �, LONG • 11 O b / f�S/ -- '� y NlI g�° a Z g -51 / /' W W N w _N N Q 1 `✓ ® w L m E 1 W e wN .ro ^. 4 N /» 0 O LLQ c z ,Q 'I O W N J •, O�1 U ` J al N o u. N 0CC i o o in \ 1 % L-,J-,'J a a 'lz5 m d a zo1 f • FLYING CLOUD �' `� a `7' / CH �. 1 _ O LEGEN D ��: _ 6 N 140+00 (' 141+00 -, T .,43+00 144+00 145+00 - 00 1 8+00 149+00 1 . 1+00 152+.. 3z<N Q I y = +o I I- I I - I 1 -I •+•• I I- - — -II• + -6+— - -- • •. .. ,- PROPOSED ROW © --- —i�1 ��+- - " tss+on 1 ' ACQUISITION AREA N PRELIMINARY PROPOSED TEMPORARY 100 0 100 200 .t•t•Y_ / GRADING EASEMENT A sale 5 t NOT FOR CONSTRUCTION I EDEN PRAIRIE ROAD CONNECTION TO FLYING CLOUD DRIVE 900 1 1 900 _-'-- —; EDEN PRAIRIE ROA I 890 880 -- - --- D STA 266ELEV 864.26 = I 880 890 I CONNECTION STA 816+06.67 c ° +50 ELEV 864:26 • 860 PROPOSED FLYING CLOUD DRIVE 1 — - 87O _ - - 870 LPLPTEL 8748.15 21 gg860 1.409 o -_ - STA. 141+85-- - - =803+01.21 _.. --- -- 0.48% = I 850 i.T. 850o [STING GROUND I o _- ELEV. 746.89 50' PVI 840 - PROPOSEDSTAE 800+OOE ROAD rL P�M L3.-55 45 E PROPOSED CENTERLINE __I -%_ - - - I -- - --840 W 830 L 3 AT { HP S ==815+ CTIN ROAD STA 67 EL25 ELEV. � - -_ 830 I 1 - - I ELEM. 746.89 cv'r CV HP STA-815+78.12 CONNECTION _= J -__- PM ELA861 6503.12 86414 1 Ic 810 820 if▪ 810 -1 h — --- - •6 +co w - +.. % - 1—11 L-350' EDEN PRAIRIE . 820 �n +3CI 4 + A0. 0 800 — of It - I co W' == — - M-3.76 — /I �\ _ ��_ o_, ¢ a ' PROPOSED CENTERLINE ` - _ 800 m 780' a ~ FILE ELC844.15 812+28.12 r 1 �. - b�'� £lf�/'�__ [ (I_• 790 770 1- - U PRO -- - _ -- 780 J 1] -6-1,-) Po ' V gi_,Ixtf.v=§5 3_te)st.&I/ 75-g_,_ I 5 a �.�—- R =i.. E 64 09 15+78.12 770__ to > > 760 750 _ 3 750 740 ���740 • 730 -2.00% 1.89% I 1 1 — � I i 730_ ci in NI ro _ 7 720 -� _ N-_ ( 4 n a.. 00 • 10-_0,N] m 00 r m M M 0) n N M 0 � N M N NT __ NT _ '2 N!' m n N) 0 N• O N m,,� O M.N co. µ�,1 - - -- - - - __. __. __ -- - - - - - - -- _ co _ I� cr, c0 CO N CI) M M M] M N I. In 71 O - , N 710 N m (O O V7 07 Y"1 co 4 0 • r• N O 4 ti) N N a7 0 M) Oi 1� cV N N co Oy- 17 W - _. -- _ _ - 'I-—._ — 1 _ .n N N N N N co N N N to N N N N N LO N m N 0) CO co CO m i n co N m CO m 1 m N N N co co n coo co co co co co CN0 co coo co aao m CO m o3 m cco m co m co� co,coo m CO oa CO m CO m CO m N a 797+00 798+00 799+00 800+00 801+00 802+00 803+00 804+00 805+00 806+00 807+00 808+00 809+00 810+00 811+00 812+00 813+00 814+00 815+00 816+00 817+00 818+00 819+00 820+00 821+00 822+00 823+00 824+00 825+00 826+00 827+00 HEREBY CERTIFY THAT THIS PLAN WAS PREPARED Y E OR UNDER MY i "a- _ EDEN PRAIRIE RD AND FILE NO. J w DRAWN BY: CDM DIRECT SUPERVISION AND THAT I AM A DULY ROFESSIONAL 1 ENGINEER UNDER THE LAWS OF TH T A. PHONE: 952.912.2600 EDENP125200 w DESIGNER: CDM 10901 RED CIRCLE DRIVE ate: SUITE 300 EDEN FLYING CLOUD DR PLAN AND PROFILE 1 j CHECKED BY: PTE Lic. No. SEH Mwwo.se�nc.c°mN 55343-9302 PRAIRIE CONNECTION FEASIBILITY DATE: a DESIGN TEAM NO. BY DATE REVISIONS �rtINTE� N ME CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 21, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: #17-5978 ITEM NO.: VIII.E. Randy Newton Approve Professional Services Agreement Public Works/Engineering with SRF Consulting Group for the 2040 Transportation Plan Requested Action Move to: Approve Professional Services Agreement with SRF Consulting Group, Inc. for the 2040 Transportation Plan. Synopsis This Professional Services Agreement will provide public outreach, multi-modal transportation system evaluation, plan development and document preparation for the 2040 Transportation Plan. In addition the work will include a more intensive transportation review of the Golden Triangle Area. Background Information In coordination with the Aspire Eden Prairie 2040 Comprehensive Plan Update the development of a 2040 Transportation Plan is proposed. The 2040 Transportation Plan will fulfill the transportation requirements outlined by Metropolitan Council as part of the Comprehensive Plan update process and will provide the content for the transportation chapter of Aspire Eden Prairie 2040. The last Eden Prairie Transportation Plan was developed in 1997 for the 2015 horizon year. Since that time many of the improvements identified in the plan have been completed and the multi-modal transportation needs and expectations of the community have evolved. The 2040 Transportation Plan will provide an updated multi-modal transportation vision for the community that incorporates sustainability, resiliency, and healthy living. This work will also include the first phase of a Golden Triangle Transportation Study which will evaluate the current and future transportation needs in the Golden Triangle Area and develop a guide for future multi-modal transportation improvements. A subsequent phase of this study, which is not included in the contract, is to develop a funding plan for the identified Golden Triangle Area transportation improvements. Financial Implications The Professional Services Agreement with SRF has a not to exceed cost of$125,000. This work is included in the 2017 budget. Attachment Professional Services Agreement Standard Agreement for Professional Services This Agreement ("Agreement") is made on the 21 day of March , 20 17 , between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and SRF Consulting Group, Inc. a Minnesota Corporation (hereinafter "Consultant") whose business address is One Carlson Parkway North, Suite 150, Minneapolis, MN 55447 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 the 2040 Transportation 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 ( SRF letter dated March 13, 2017 ) in connection with the Work. The terms of this Agreement shall take precedence over any provisions of the Consultants proposal and/or general conditions. If the Consultants proposal is attached as the Exhibit A Scope of Work, City reserves the right to reject any general conditions in such proposal. 2. Term. The term of this Agreement shall be from March 21, 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 $ 125,000 for the services as described in Exhibit A. A. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. D. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. B. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on Exhibit A performed prior to receipt of written notice from the City of such suspension. C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. Standard Agreement for Professional Services 2014.04 Page 2 of 8 D. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 6. Project Manager and Staffing. The Consultant has designated Craig Vaughn to serve on the Project. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the designated staff from the Project without the approval of the City. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act compliance language. 9. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein. 10. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the Standard Agreement for Professional Services 2014.04 Page 3 of 8 performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 11. Independent Consultant. Consultant is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Consultant an employee of the City. 12. Insurance. a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General Liability $1,500,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products — Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 Standard Agreement for Professional Services 2014.04 Page 4 of 8 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. It shall be Consultant's responsibility to pay any retention or deductible for the professional liability insurance. Consultant agrees to maintain the professional liability insurance for a minimum of two (2) years following termination of this Agreement. e. Consultant shall maintain "stop gap" coverage if Consultant obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. f. All policies, except the Worker's Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the "City of Eden Prairie" as an additional insured on ISO forms CG 20 10 07 04 or CG 20 10 04 13; and CG 20 37 07 04 or CG 20 37 04 13, or their equivalent. g. All policies, except the Professional Liability Policy, shall apply on a "per project" basis. h. All polices shall contain a waiver of subrogation in favor of the City. i. All policies, except for the Worker's Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. j. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. k. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City's written acceptance of the Work. I. It shall be Consultant's responsibility to pay any retention or deductible for the coveraeges required herein. m. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days' prior notice to the City, except that if the cancellation or non- renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten (10) days' prior notice to the City. Standard Agreement for Professional Services 2014.04 Page 5 of 8 n. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. o. A copy of the Consultant's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant's Work. Upon request a copy of the Consultant's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to enforce the terms of Consultant's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. p. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 13. Indemnification. Consultant will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Consultant, its agents, contractors and employees, or any negligent or intentional act or Standard Agreement for Professional Services 2014.04 Page 6 of 8 omission performed, taken or not performed or taken by Consultant, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Consultant harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 14. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 15. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 16. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 18. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. Standard Agreement for Professional Services 2014.04 Page 7 of 8 19. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 20. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 21. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 22. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager FIRM NAME By: Its: Standard Agreement for Professional Services 2014.04 Page 8 of 8 ENGINEERS • E S I• NERS I G N E R S Consulting Group,Inc. SRF P10368.PP March 13, 2017 Mr. Randy Newton, PE,PTOE Assistant City Engineer/Traffic Engineer City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Subject: Proposal for Professional Services for Long Range Transportation Plan Eden Prairie,MN Dear Mr. Newton: Based on your request, SRF Consulting Group,Inc. (SRF) is pleased to submit this proposal to provide professional services to prepare the Eden Prairie Long Range Transportation Plan. Our preparation of the Long Range Transportation Plan will provide the City with a plan that is sustainable, resilient, and responsive to the healthy living lifestyles of your residents. The plan will outline strategies and an approach that is built on multimodal accommodations for all modes of transportation including vehicles,pedestrians, bicyclists, and transit. The plan will meet the minimum requirements outlined by the Metropolitan Council as part of the Comprehensive Plan update cycle. Even more, the plan will address additional aspects of transportation planning such as pavement preservation planning and subarea analyses to ensure the City's assets are well maintained and targeted development areas are adequately accommodated. As part of the Transportation Plan we will prepare a Golden Triangle Transportation Study specifically focused on evaluating the current and future transportation needs of this subarea. This evaluation will provide the City with a roadmap for future improvement needs relative to cars, pedestrians, bicyclists and transit riders. Scope of Services We propose to carry out our work based on the following categories: • Project Management • Public and Agency Involvement • Goals and Policies • Subarea Transportation Reviews • Golden Triangle Transportation Study • Transportation Forecasting • Roadway Plan • Multimodal Connectivity www.s rfco nsu i ti ng.com One Carlson Parkway North,5ulte ISO I MYnneapolis,MN 55447-4443 1763.475.0010 Fax:7E13.475.2429 An Equal Oppnrtunily Employer • Transit System • Aviation System • Freight System • Staging and Implementation Plan • Draft/Final Documentation Based on our understanding of the project and our scope of service outline, the cost of our services will not exceed $125,000,which includes both time and expenses. We sincerely appreciate your consideration of this proposal and look forward to working with you on this project. Please feel free to contact us if you have any questions or need additional information. Sincerely, SRF CONSULTING GROUP,INC. Craig Vaughn,PE (MN),PTOE Principal CV/cw AMarketing\Proposals\2017 Letter Proposals\10368.PP_Eden Prairie LRTPdocx.docx CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda March 21, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. # 17-5982 ITEM NO.: VIII.F. Leslie Stovring Approve a Grant Award from Hennepin County for Engineering/Environmental an AIS Cleaning Station at the Lake Riley Boat Landing Requested Action Move to: Approve a Grant Award from Hennepin County to add an MS Cleaning Station at the Lake Riley Boat Landing. Synopsis To aid in the City's effort to prevent the spread of aquatic invasive species to Lake Riley, the City has received a grant from Hennepin County in the amount of$28,000 to be used towards the cost of adding a cleaning station to the boat landing improvement project. Background Information The redesign of the boat landing includes a de-weeding pull off area to help minimize the spread of AIS due to traffic entering and leaving the lake. This would provide our boat inspectors a dedicated area to direct traffic to if vegetation or other items of concern are noted on the boat that can be addressed with a cleaning that otherwise may result in them being turned away. The cleaning station (CD3 Station)was recommended by Hennepin County. The CD3 Station is a user-operated station that is designed to be small, compact and affordable for boat landings. This is a cleaning station, not a decontamination unit, as there is no high-temperature water. The CD3 Station would provide a simple and safe way for individuals to clean and dry their boat while minimizing risk of injury. The unit also comes with an option to provide electronic messages on the unit which can be used as part of the design. Their website is www.cd3station.com. The station could also potentially be a location for referral from other lakes in the region, although this was not part of the grant proposal. To accommodate the CD3 Station, the Riley Lake Park Improvement plans are being modified to include items such as security lighting, electrical service, curb work and the pull off area. The estimated cost of the improvements was $50,350. The City has received a grant from Hennepin County for $28,000. Remaining costs will be paid out of the park capital improvement and stormwater utility funds. The grant will cover the following expenses: • Research,development and installation of educational signage. • Development of electronic messages for the CD3 Station. • Purchase of the CD3 Station. • Incorporation of the CD3 Station into the plans for the boat landing. • Staff time associated with review of plans and development of the educational messages. Attachment Grant Agreement Contract No: A176960 GRANT AGREEMENT This Agreement is between the COUNTY OF HENNEPIN, STATE OF MINNESOTA, A-2300 Government Center, Minneapolis, Minnesota 55487 ("COUNTY"), on behalf of the Hennepin County Environment and Energy Department, 1600 Prairie Dr. Medina, Minnesota, 55340 ("DEPARTMENT"), and City of Eden Prairie (GRANTEE). Attn. Leslie Stovring, 8080 Mitchell Rd, Eden Prairie, MN 55344. The parties agree as follows: 1. TERM AND COST OF THE AGREEMENT GRANTEE shall furnish services to COUNTY commencing between April 1, 2017 and expiring December 31, 2018 unless cancelled or terminated earlier in accordance with the Default and Cancellation/Termination provisions of this Agreement. Items of cost for which reimbursement is claimed on the Voucher are to be supported by invoices/receipts for payments and will be verified by the DEPARTMENT as practical and reasonable. The DEPARTMENT has the authority to make adjustments to the costs submitted for reimbursement. All necessary supporting documentation can only be submitted to the DEPARTMENT on a monthly basis for reimbursement. The total cost of this Agreement, including all reimbursable expenses, shall not exceed Twenty Five Thousand Dollars ($28,000). Reimbursable expenses are limited to those listed in Attachment A. 2. SERVICES TO BE PROVIDED a) The GRANTEE will communicate plan for comments and recommendations to county staff during the various design stages. b) The GRANTEE will submit documentation of expenditures with the final project report due December 31, 2018. Documentation of expenditures must be prepared to describe the purchase and installation of the equipment. c) The GRANTEE will complete all project activities by December 31, 2018. d) The GRANTEE shall not retain any monies received in excess of actual project expenses and shall return excess monies to the COUNTY upon termination or cancellation of the Agreement. All funding must be used solely for AIS prevention activities. The project is more fully described in Attachment A, attached and incorporated by this reference. 3. PAYMENT FOR SERVICES Payment for services shall be made directly to GRANTEE after completion of the service, purchase and/or project and upon the presentation of a claim as provided by law governing COUNTY's payment of claims and/or invoices. The GRANTEE shall submit invoices for the specific service, purchase, and/or project related to the implementation of practices. Payment shall be made within forty five (45) days from receipt and approval of the required invoice. 4. INDEPENDENT GRANTEE The GRANTEE shall not be considered to be either a temporary or permanent employee of the COUNTY. The GRANTEE acts as an independent contractor and the GRANTEE'S contractor act hereunder as independent contractors and acquires no tenure rights or any rights or benefits of Workers' Compensation, Re-employment Compensation, medical and hospital care, sick and vacation leave, severance pay, retirement benefits, or any other right or benefit offered to COUNTY employees. GRANTEE shall select the means, method, and manner of performing the services. Nothing is intended or should be construed as creating or establishing the relationship of a partnership or a joint venture between the parties or as constituting GRANTEE as the agent, representative, or employee of the COUNTY for any purpose. GRANTEE is and shall remain an independent GRANTEE for all services performed under this Agreement. GRANTEE shall secure at its own expense all personnel required in performing services under this Agreement. Any personnel of GRANTEE or other persons while engaged in the performance of any work or services required by GRANTEE will have no contractual relationship with the COUNTY and will not be considered employees of the COUNTY. The COUNTY shall not be responsible for any claims that arise out of employment or alleged employment under the Minnesota Unemployment Insurance Law or the Workers' Compensation Act of the State of Minnesota on behalf of any personnel, including, without limitation, claims of discrimination against GRANTEE, its officers, agents, GRANTEEs, or employees. Such personnel or other persons shall neither require nor be entitled to any compensation, rights, or benefits of any kind from the COUNTY, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Re- employment Compensation, disability, severance pay, and retirement benefits.. 5. NON-DISCRIMINATION AND AFFIRMATIVE ACTION In accordance with the COUNTY's policies against discrimination, GRANTEE agrees that it shall not exclude any person from full employment rights nor prohibit participation in or the benefits of, any program, service or activity on the grounds of race, color, creed, religion, age, sex, disability, marital status, sexual orientation, public assistance status, or national origin. No person who is protected by applicable Federal or State laws against discrimination shall be subjected to discrimination. 6. INDEMNIFICATION GRANTEE shall defend, indemnify, and hold harmless the COUNTY, its present and former officials, officers, agents, volunteers and employees from any liability, claims, Form 101(Revised 9/2014) 2 causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorney's fees, resulting directly or indirectly from any act or omission of GRANTEE, a subcontractor, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable in the performance of the services required by this Agreement, and against all loss by reason of the failure of GRANTEE to perform any obligation under this Agreement. For clarification and not limitation, this obligation to defend, indemnify and hold harmless includes but is not limited to any liability, claims or actions resulting directly or indirectly from alleged infringement of any copyright or any property right of another, the employment or alleged employment of GRANTEE personnel, the unlawful disclosure and/or use of protected data, or other noncompliance with the requirements of the Data provisions set forth in the Section below. 7. ACCESS FOR INSPECTIONS The GRANTEE agrees to acquire written consent from all GRANTEE recipients that the COUNTY, and any duly authorized representatives of the COUNTY, at a time that is mutually agreed upon by the GRANTEE and the COUNTY, and as often as the COUNTY may reasonably deem necessary, shall have access to and the right to enter the GRANTEE's property, for purposes of inspection of the identified project. 8. INSURANCE A. With respect to the services provided pursuant to this Agreement, GRANTEE shall at all times during the term of this Agreement and beyond such term when so required have and keep in force the following insurance coverages: Limits 1. Commercial General Liability on an occurrence basis with contractual liability coverage: General: $1.5 million each occurrence and aggregate, covering completed operations and contractual liability on an occurrence basis. Professional liability: $1.5 million each claim and aggregate; coverage may be on a claims-made basis, in which case GRANTEE must maintain the policy for, or obtain extended reporting period coverage extending, at least three (3) years from completion of the Services. 2. Workers' Compensation and Employer's Liability: Workers' Compensation Statutory If GRANTEE is based outside the state of Minnesota, coverage must comply with Minnesota law. In accordance with Minnesota law, if GRANTEE is a sole proprietor, it is exempted from the above Workers' Compensation requirements. In the event that GRANTEE should hire employees or subcontract Form 101(Revised 9/2014) 3 this work, GRANTEE shall obtain the required insurance. Employer's Liability. Bodily injury by: Accident—Each Accident 500,000 Disease—Policy Limit 500,000 Disease—Each Employee 500,000 3. Automobile Liability— Combined single limit each occurrence coverage or the equivalent covering owned, non-owned, and hired automobiles. $1,000,000 B. An umbrella or excess policy over primary liability insurance coverages is an acceptable method to provide the required insurance limits. The above establishes minimum insurance requirements. It is the sole responsibility of GRANTEE to determine the need for and to procure additional insurance which may be needed in connection with this Agreement. Upon written request, GRANTEE shall promptly submit copies of insurance policies to COUNTY. GRANTEE shall not commence work until it has obtained required insurance and filed with COUNTY a properly executed Certificate of Insurance establishing compliance. The certificate(s) must name Hennepin County as the certificate holder and as an additional insured for the liability coverage(s)for all operations covered under the Agreement. If GRANTEE receives notice of cancellation/termination from an insurer, GRANTEE shall fax or email a copy of the notice to COUNTY within two business days. GRANTEE shall furnish to COUNTY updated certificates during the term of this Agreement as insurance policies expire. If GRANTEE fails to furnish proof of insurance coverages, COUNTY may withhold payments and/or pursue any other right or remedy allowed under contract, law, equity, and/or statute. GRANTEE waives all rights against COUNTY, its officials, officers, agents, volunteers, and employees for recovery of damages to the extent that damages are covered by insurance of GRANTEE. 9. DUTY TO NOTIFY GRANTEE shall promptly notify COUNTY of any claim, action, cause of action or litigation brought against GRANTEE, its employees, officers, agents or subcontractors, which arises out of the services contained in this Agreement. GRANTEE shall also notify COUNTY whenever GRANTEE has a reasonable basis for believing that GRANTEE and/or its employees, officers, agents or subcontractors, and/or COUNTY, might become the subject of a claim, action, cause of action, criminal arrest, criminal charge or litigation arising out of and/or related to the services contained in this Agreement. Form 101(Revised 9/2014) 4 10. DATA GRANTEE, its officers, agents, owners, partners, employees, volunteers and subcontractors shall abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, chapter 13 (MGDPA) and all other applicable state and federal laws, rules, regulations and orders relating to data privacy or confidentiality, which may include the Health Insurance Portability and Accountability Act of 1996 (HIPAA). For clarification and not limitation, COUNTY hereby notifies GRANTEE that the requirements of Minnesota Statutes section 13.05, subd. 11, apply to this Agreement. GRANTEE shall promptly notify COUNTY if GRANTEE becomes aware of any potential claims, or facts giving rise to such claims, under the MGDPA. Classification of data as trade secret data will be determined pursuant to applicable law and, accordingly, merely labeling data as "trade secret" does not necessarily make it protected as such under any applicable law. 11. RECORDS —AVAILABILITY/ACCESS Subject to the requirements of Minnesota Statutes section 16C.05, subd. 5, COUNTY, the State Auditor, or any of their authorized representatives, at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of GRANTEE and involve transactions relating to this Agreement. GRANTEE shall maintain these materials and allow access during the period of this Agreement and for six (6) years after its expiration, cancellation or termination. 12. SUCCESSORS, SUBCONTRACTING AND ASSIGNMENTS A. GRANTEE binds itself, its partners, successors, assigns and legal representatives to COUNTY for all covenants, agreements and obligations contained in the contract documents. B. GRANTEE shall not assign, transfer or pledge this Agreement and/or the services to be performed, whether in whole or in part, nor assign any monies due or to become due to it without the prior written consent of COUNTY. A consent to assign shall be subject to such conditions and provisions as COUNTY may deem necessary, accomplished by execution of a form prepared by COUNTY and signed by GRANTEE, the assignee and the COUNTY. Permission to assign, however, shall under no circumstances relieve GRANTEE of its liabilities and obligations under the Agreement. 13. MERGER AND MODIFICATION A. The entire Agreement between the parties is contained herein and supersedes all oral agreements and negotiations between the parties relating to the subject matter. All items that are referenced or that are attached are incorporated and made a part of this Agreement. If there is any conflict between the terms of this Agreement and referenced or attached items, the terms of this Agreement shall prevail. Form 101 (Revised 9/2014) 5 B. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties. Except as expressly provided, the substantive legal terms contained in this Agreement including but not limited to Indemnification, Insurance, Merger and Modification, Default and Cancellation/Termination or Minnesota Law Governs may not be altered, varied, modified or waived by any change order, implementation plan, scope of work, development specification or other development process or document. 14. DEFAULT AND CANCELLATION/TERMINATION If GRANTEE fails to perform any of the provisions of this Agreement or so fails to administer the work as to endanger the performance of the Agreement, it shall be in default. Unless GRANTEE's default is excused in writing by COUNTY, COUNTY may upon written notice immediately cancel or terminate this Agreement in its entirety. Additionally, failure to comply with the terms of this Agreement shall be just cause for COUNTY to delay payment until GRANTEE's compliance. In the event of a decision to withhold payment, COUNTY shall furnish prior written notice to GRANTEE. This Agreement may be canceled with or without cause by either party upon thirty (30) day written notice. If this Agreement expires or is cancelled or terminated, with or without cause, by either party, at any time, GRANTEE shall not be entitled to any payment, fees or other monies except for payments duly invoiced for then delivered. In the event GRANTEE has performed work toward a Deliverable that COUNTY has not Accepted at the time of cancellation or termination, GRANTEE hereby expressly acknowledges and agrees that GRANTEE shall not be entitled to any payment for said work including but not limited to incurred costs of performance, termination expenses, profit on the work performed, other costs founded on termination for convenience theories or any other payments, fees, costs or expenses not expressly set forth herein. Upon written notice, COUNTY may immediately suspend or cancel/terminate this Agreement in the event any of the following occur: (i) COUNTY does not obtain anticipated funding from an outside source for this project; (ii) funding for this project from an outside source is withdrawn, frozen, shut-down, is otherwise made unavailable or COUNTY loses the outside funding for any other reason; or (iii) COUNTY determines, in its sole discretion, that funding is, or has become, insufficient. COUNTY is not obligated to pay for any services that are provided after the notice and effective date of the suspension or cancellation/termination. In the event COUNTY suspends, cancels or terminates this Agreement pursuant to this paragraph, COUNTY shall pay any amount due and payable prior to the notice of suspension or cancellation/termination except that COUNTY shall not be obligated to pay any amount as or for penalties, early termination fees, charges, time and materials for services not then performed, costs, expenses or profits on work done. 15. SURVIVAL OF PROVISIONS Provisions that by their nature are intended to survive the term, cancellation or termination of this Agreement do survive such term, cancellation or termination. Such provisions include but are not limited to: SERVICES TO BE PROVIDED (as to Form 101(Revised 9/2014) 6 ownership of property); INDEPENDENT CONTRACTOR; INDEMNIFICATION; INSURANCE; DUTY TO NOTIFY; DATA; RECORDS-AVAILABILITY/ACCESS; DEFAULT AND CANCELLATION/TERMINATION; PROMOTIONAL LITERATURE; and MINNESOTA LAW GOVERNS. 16. CONTRACT ADMINISTRATION In order to coordinate the services of GRANTEE with the activities of the Environment and Energy Department so as to accomplish the purposes of this Agreement, Tony Brough, Hennepin County Senior Environmentalist, or successor ("Contract Administrator"), shall manage this Agreement on behalf of COUNTY and serve as liaison between COUNTY and GRANTEE. Leslie Stovring, Environmental Coordinator, Citvpf Eden Prairie. (Istovring@edenprairie.org) shall manage the agreement on behalf of GRANTEE. GRANTEE may replace such person but shall immediately give written notice to COUNTY of the name, phone number and email/fax number (if available) of such substitute person and of any other subsequent substitute person. 17. COMPLIANCE AND NON-DEBARMENT CERTIFICATION A. GRANTEE shall comply with all applicable federal, state and local statutes, regulations, rules and ordinances currently in force or later enacted. B. GRANTEE shall use these funds only to help prevent the spread of aquatic invasive species. C. GRANTEE certifies that it is not prohibited from doing business with either the federal government or the state of Minnesota as a result of debarment or suspension proceedings. 18. PAPER RECYCLING COUNTY encourages GRANTEE to develop and implement an office paper and newsprint recycling program. 19. NOTICES Unless the parties otherwise agree in writing, any notice or demand which must be given or made by a party under this Agreement or any statute or ordinance shall be in writing, and shall be sent registered or certified mail. Notices to COUNTY shall be sent to the County Administrator with a copy to the originating COUNTY department at the address given in the opening paragraph of this Agreement. Notice to GRANTEE shall be sent to the address stated in the opening paragraph of this Agreement or to the address stated in GRANTEE's Form W-9 provided to COUNTY. 20. CONFLICT OF INTEREST GRANTEE affirms that to the best of GRANTEE's knowledge, GRANTEE's involvement in this Agreement does not result in a conflict of interest with any party or entity which may be affected by the terms of this Agreement. Should any conflict or potential conflict of interest become known to GRANTEE, GRANTEE shall immediately notify COUNTY of Form 101(Revised 9/2014) 7 the conflict or potential conflict, specifying the part of this Agreement giving rise to the conflict or potential conflict, and advise COUNTY whether GRANTEE will or will not resign from the other engagement or representation. 21. MEDIA OUTREACH GRANTEE shall not use the term "Hennepin County", or any derivative thereof in GRANTEE's advertising, external facing communication and/or marketing, including but not limited to advertisements of any type or form, promotional ads/literature, client lists and/or any other form of outreach, without the written approval of the Hennepin County Public Affairs/Communications Department, or their designees. 22. MINNESOTA LAWS GOVERN The laws of the state of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the parties and their performance. The appropriate venue and jurisdiction for any litigation will be those courts located within the County of Hennepin, state of Minnesota. Litigation, however, in the federal courts involving the parties will be in the appropriate federal court within the state of Minnesota. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be affected. 23. COOPERATIVE PURCHASING At the time of this Agreement: 1) Hennepin County is a signature party to the Joint Powers Purchasing Agreement (Agreement No. A131396) (the "JPA"); 2) the Minnesota Counties of Anoka, Carver, Dakota, Olmsted, Ramsey, Scott and Washington are signatories to the JPA ("Cooperative Members"); 3) if agreed upon pursuant to a separate agreement between GRANTEE and any Cooperative Member, the JPA allows a Cooperative Member, subject to the terms of the JPA, to purchase the same or substantially similar services based upon terms that are the same or substantially similar to those set forth in this Agreement including but not limited to price/cost; and 4) COUNTY shall have no obligation, liability or responsibility for any order or purchase made under the contract between a Cooperative Member and GRANTEE. THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK Form 101(Revised 9/2014) 8 COUNTY ADMINISTRATOR AUTHORIZATION Reviewed by the County Attorney's COUNTY OF HENNEPIN Office STATE OF MINNESOTA By: Assistant County Attorney County Administrator By: Assistant County Administrator - Public Works Date: Recommended for Approval By: Director, Environment and Energy Department Date: Form 101(Revised 9/2014) 9 City of Eden Prairie The City of Eden Prairie certifies that the Person who executed this Agreement is authorized to do so on behalf of the GRANTEE as required by applicable articles, bylaws, resolutions or ordinances.* Printed Name: Signed: Title: Date: Printed Name: Signed: Title: Date: * City of Eden Prairie shall submit applicable documentation (articles, bylaws, resolutions or ordinances) that confirms the signatory's delegation of authority. This documentation shall be submitted at the time GRANTEE returns the Agreement to the County. Documentation is not required for a sole proprietorship. Form 101(Revised 9/2014) 10 Attachment A Project Description: The proposed project shall not exceed $28,000; The funding will be utilized solely AIS prevention activates. The City will incorporate a pull-off area specifically for cleaning watercraft prior to entering and after leaving the lake to help prevent the spread of AIS. A CD3 boat cleaning station or comparable station will be installed at the Lake Riley Boat Landing/public access during the boat landing re-design. The components of the station for AIS prevention will include Cleaning, Draining, and Disposal also including educational signage. Additional specifics of the plan and funding are detailed in the grant application to Hennepin County dated 1/20/2017. Timeline. Baseline project design will be completed in April 2017. Construction will be from May to November 2017. Form 101(Revised 9/2014) 1 1 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 21, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.G. Denise Christensen Amendment of Resolution No. 2017-28 Public Works/Engineering Adopting the Baneberry Hollow Reassessments Requested Action Move to: Adopt resolution amending Resolution 2017-28 (Baneberry Hollow Reassessment). Synopsis This amendment provides a corrected Exhibit A that establishes the final amount to be reassessed for Baneberry Hollow. It corrects an error regarding Lot 12, Block 1, Baneberry Hollow, which is included as part of the plat but not a part of the homeowners association, in the reassessment. The final reassessment amount will be reduced by$26.11, to a total of$260.90. Attachments • Resolution • Exhibit A CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2017- AMENDMENT TO RESOLUTION 2017-28 ADOPTING BANEBERRY HOLLOW REASSESSMENTS WHEREAS, on February 14, 2017, the City Council adopted Resolution No. 2017-28, including Exhibit A, that established the amount to be reassessed and set a public hearing date of February 14, 2017 to review and adopt final amounts to be reassessed to each property; WHEREAS, Lot 12, Block 1, Baneberry Hollow is not part of the original Baneberry Hollow Homeowners Association and therefore should not be a part of the reassessment; WHEREAS, a correction should be made to the final amounts to be assessed. (See Exhibit A attached) NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of Eden Prairie: 1. The Baneberry Hollow reassessment cost is hereby amended to be those as set forth in Exhibit A, Amendment of Baneberry Hollow Reassessment. ADOPTED by the Eden Prairie City Council on the 21st day of March, 2017. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk EXHIBIT A PARCEL AMOUNTS AMENDMENT OF BANEBERRY HOLLOW REASSESSMENT Description Parcel PID# Amount Levy#17762 25-116-22-43-0250 $26.09 Levy#17762 25-116-22-43-0251 $26.09 Levy#17762 25-116-22-43-0252 $26.09 Levy#17762 25-116-22-43-0253 $26.09 Levy#17762 25-116-22-43-0254 $26.09 Levy#17762 25-116-22-43-0255 $26.09 Levy#17762 25-116-22-43-0256 $26.09 Levy#17762 25-116-22-43-0257 $26.09 Levy#17762 25-116-22-43-0258 $26.09 Levy#17762 25-116-22-43-0259 $26.09 Levy#17762 25-116-22-43-0260 $0.00 Levy#17762 25-116-22-43-0261 $0.00 TOTAL REASSESSMENT AMOUNT $260.90 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda March 21, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.H. Leslie Stovring Amendment of Conservation Engineering/Environmental Services Easement Over Lot 2 Block 1 of The Bluffs at Purgatory Creek Requested Action Move to: Amend the Conservation Easement over Lot 2, Block 1 of The Bluffs at Purgatory Creek Synopsis A conservation easement was required for the Gray Fox Bluff development for protection of the wetland and wetland buffers. However, it has been discovered that after the lot was replatted for The Bluffs at Purgatory Creek, the conservation easement extended beyond the required wetland buffer area. This amendment would give the resident space between the conservation easement line and the area that could be maintained lawn. Staff recommends approval of the amendment. Background Information The property owner is requesting to amend the recorded conservation easement. Following are the primary reasons for the amendment. 1. The Conservation Easement extended over the structure setback area as well as the wetland and wetland buffer. No Conservation Easement is required over structure setback areas; this is to protect the buffer from encroachment by structures such as sheds or patios. 2. City Code requires a 20 foot minimum for wetland buffers adjacent to wetlands of moderate quality. The development provided more than 40 feet of wetland buffer for the lot which restricted use of the home site for landscaping and use of the yard. 3. The amendment would provide buffers ranging from 20 to 35 feet, meeting the minimum wetland buffer width of 20 feet while providing a portion of the required buffer average. The wetland and the majority of the buffer will now be located within an outlot that was dedicated to the City as part of the original development and will be easier to protect. Staff recommends that the amendment of a portion conservation easement be approved as proposed. The proposed change to the conservation easement does meet the minimum buffer width requirement of the City's wetland protection ordinance. The drainage and utility easement which was placed over the original conservation easement will remain. The property owner has agreed to remove the fire pit from the conservation easement area. Attachment Conservation Easement Amendment AMENDMENT TO CONSERVATION/SCENIC EASEMENT THIS AMENDMENT is made this 21st day of March, 2017, by and between Mark Herreid and Denell Herreid("Grantor"),and the City of Eden Prairie, a Minnesota municipal corporation("Grantee"). RECITALS: A. Grantor owns the following described real property: Lot 2, Block 1, THE BLUFFS AT PURGATORY CREEK, Hennepin County, Minnesota hereinafter referred to as the"Subject Property". B. The Subject Property was previously part of Lot 3, Block 1, GRAY FOX BLUFF, Hennepin County,Minnesota. C. In 2003, Lot 3, Block 1, GRAY FOX BLUFF, was replatted into Lots 1, 2, and 3, Block 1, THE BLUFFS AT PURGATORY CREEK,Hennepin County,Minnesota. D. The Subject Property is subject to that certain Conservation/Scenic Easement originally covering the Subject Property and other property dated January 4, 2002, filed of record with the Hennepin County Registrar of Titles on March 18,2003,as Document No. 3707120(the"Easement Area"). E. Grantor and Grantee desire to reduce the Easement Area of the Conservation/Scenic Easement as set forth herein by removing a portion of the Subject Property from the Easement Area. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,the parties agree as follows: 1. The legal description of the Easement Area contained within the Subject Property is hereby deleted in its entirety and replaced with the following: That part of Lot 2, Block 1, THE BLUFFS AT PURGATORY CREEK according to the recorded plat thereof, Hennepin County, Minnesota lying westerly and southwesterly of the following described line; Commencing at the most northerly corner of said Lot 2; thence South 59 degrees 19 minutes 38 seconds East, assumed bearing along the northerly line of said Lot 2, a distance of 5.45 feet; thence South 07 degrees 06 minutes 04 seconds West a distance of 69.10 feet; thence South 23 degrees 26 minutes 43 seconds East a distance of 29.08 feet; thence South 59 degrees 11 minutes 00 seconds East a distance of 110.41 feet more or less to the southeasterly line of said Lot 2 and said line there terminating. The revised Easement Area is depicted and referred to as the "Amended Conservation Easement" on the attached Exhibit A. 2. Nothing contained herein modifies,alters,or amends the Easement Area as it relates to Lots 1 and 2, GRAY FOX BLUFF or Lots 1 and 3, THE BLUFFS AT PURGATORY CREEK. 3. Nothing contained herein modifies, alters or amends the Drainage and Utility Easement dedicated in the plat of GRAY FOX BLUFF and identified on Exhibit A. 4. As amended herein,the parties reaffirm the terms of the Easement Agreement. [Signature Pages and Acknowledgements Follow] IN WITNESS WHEREOF,the parties execute and deliver this Amendment as of the date stated above. GRANTOR: Mark Herreid Denell Herreid STATE OF MINNESOTA ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2017, by Mark G. Herreid and Denell M. Herreid,husband and wife. Notary Public GRANTEE: CITY OF EDEN PRAIRIE, a Minnesota municipal corporation By: Name:Nancy Tyra-Lukens Its: Mayor By: Name: Rick Getschow Its: City Manager STATE OF MINNESOTA ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2017, by Nancy Tyra-Lukens and Rick Getschow,respectively the Mayor and City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of the corporation. Notary Public Exhibit A EXHIBIT A LEGAL DESCRIPTION; •� Lot 2, B+ack 1, 711E BLUFFS AT PURGATORY CREEK l according to tfre recorded plat thereof, Hennepin f ,��__Iasi nevr+iac•COWER tar r,xear r _ Cnun[y� ,wlnrresata r A...1 13�r or acaw++c _ CONSERVATION EASEMENT DESCRIPTION: 1''� + Li. _ \\ An easement far conservation purposes over, under and across the following described property. - `�"�."I.r_ Sr '-- ._ use a all a.g , That part of Lot 2, Block 7, THE BLUFFS AT PURGATORY '~ -, r r CREEK according to the recorded plot thereof, Henrrepin { • l sf1r -- fri_ ` County, Minnesota lyh,g westerly and southwesterly of the wsawnvew 7An xNr -` Lr. �y� l fr owkrg described Hole; IDl suv.cr — Commencing at the most northerly corner of sold Lot 2; el e5/IREo e. aura`e+.sJ = thence South 58 degrees 19 minutes,58 seconds Erie, gI f tr v,r scx„•r- .- y assumed bearing along the northerly line of sold Lot 2 — a distance of 5.45 feet; thence South 07 degrees 06 - minutes 04 seconds West a distance of 69.70 feet; • "-mat.,_ ,�t� thence South 23 degrees 25 minutes 43 seconds Cost a }{ n _ •_ r/l•1�i distance of 29.08 feet; thence South 59 degrees 11 err-(01 1 -r A-F w4 L'„, -," _ LL u'' r na own , >f' I'7 minutes 00 seconds East a distance of I70.41 feet more �111111 a ek saw J O `7 or less to the southeasterly The or sold Lot 2 and said 4 �.51/4 ..mown 4�e. � Ike there terminating: '4. d ,re N ONE or TWA,'UNE wrweor le J... _ F4YYFMr rue pwl .. .�.1.,. • BLo �d7 ■ Denotes�,n �amane found y -f r ► r:F `. Denotes Iron eononrlol*hip sleet Sense post 1 ----•-arc•rY.E.antra et conservation Easement sign eat d''... APISrE r reM Ft• 0 Denotes Iron monument set r' yss[w Fs,�Frerpr R. I-' Beortega booed on assumed datum. t r r0 .1 My3o2 - t hereby certify that this s y ens prepared 6y me or under my direct supervision one Met X K t ara a story l_teen0e4 land Surre)Vr snow tee `-sap rpc srrrx r Of 4<car y am r ! r bees of the State of WInnesaro. SISBOA ifa-„ ie-4 3/10/2017 ill r rf Rub L Noule.RLS Date 1 1 license Na 4J992 n• so so aetr 3107/17 s I De 1 Amended ded , 00„505rr0i 1M0 Westwood "°� Conservation LotSketch l er51% 1 A..rr n<on,. o.a,a MilMark Herreid .r u-ra.e�e ilipkrcw r_____Mnru, IiIIIMC ME Easemant swims nuu.wnf>Myea OILlimed L bs/d Eden Pinkie,MN 5.59ee SimP0a100e,M3areyOFa CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda March 21, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.I. Rick Wahlen Approve Purchase of Materials for Inflow& Infiltration Repairs to Wastewater Manholes and Public Works/Utilities Stormwater Catch Basins from Ess Brothers,Inc. Requested Action Move to: Approve Standard Contract for Goods and Services with Ess Brothers, Inc. in the amount of $37,661.50 for the city's annual supply of repair rings to be used for Inflow and Infiltration repairs of sewer manholes and stormwater catch basins. Synopsis City staff negotiated a single, annual purchase of manhole and catch basin repair components with Ess Brothers, Inc. at a savings of over $3,600 from their standard price. The price guaranteed was what Ess Brothers charged the City of Eden Prairie for last-year's materials. This contract is for the single delivery of the parts estimated for the entire 2017 repair season. Background Information Eden Prairie utilities routinely performs each year the necessary catch basin and manhole repairs ahead of the public works seal-coat and overlay street improvement projects. In the past, repair parts needed for these projects were delivered throughout the season as they were consumed due to lack of storage for larger deliveries. Now that Public works has the MOSS unheated storage building, utilities division has room to stock a whole semi-truck load of these parts at a considerable cost savings. Quotes were obtained from three suppliers. Ess Brothers provided the least-cost quote as shown in the below tabulation. QUOTE NUMBER CONTRACTOR PRICE 1 Ess Brothers $37,661.50 2 Minnesota Pipe &Equipment $41,185.13 3 Ferguson Waterworks $48,757.71 Standard Cost Ess Brothers $41,297.00 Funding for the materials will be provided by the city's stormwater and wastewater enterprise funds. Attachments Contract Quote(Ess Bros) Standard Purchasing Contract This Contract ("Contract") is made on the 21st day of March , 20 17 , between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Ess Brothers & Sons, Inc. , a Minnesota Corporation (hereinafter "Vendor") whose business address is 9350 County Road 19, Loretto, Minnesota, 55357 . Preliminary Statement The City has adopted a policy regarding the selection and hiring of vendors to provide a variety of goods and/or services for the City. That policy requires that persons, firms or corporations providing such goods and/or services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of goods and/or services by Vendor for Supplying Manhole and Catch-basin Repair Components hereinafter referred to as the "Work". The City and Vendor agree as follows: 1. Scope of Work. The Vendor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. The terms of this Contract shall take precedence over any provisions of the Vendor's proposal and/or general conditions. 2. Term of Contract. All Goods under this Contract shall be delivered by May 1, 2017 . 3. Compensation for Services. City agrees to pay the Vendor [a fixed sum of $ 37,661.50 1 OR [an hourly sum of $ , with total payments not to exceed 1 as full and complete payment for the goods, labor, materials and/or services rendered pursuant to this Contract and as described in Exhibit A. 4. Method of Payment. Vendor shall prepare and submit to City, a single, itemized invoice setting forth work performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. 5. Staffing. The Vendor has designated to perform 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. Vendor may not remove or replace the designated staff without the approval of the City. [STAFFING PROVISION REQUIRED ONLY FOR SERVICES] 6. Standard of Care. Vendor 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. 7. Insurance. a. General Liability. Vendor shall maintain a general liability insurance policy with limits of at least $1,500,000.00 for each person, and each occurrence, for both personal injury and property damage. Vendor shall provide City with a Certificate of Insurance verifying insurance coverage before providing service to the City. b. Worker's Compensation. Vendor shall secure and maintain such insurance as will protect Vendor from claims under the Worker's Compensation Acts and from claims for bodily injury, death, or property damage which may arise from the performance of Vendor's services under this Contract. 8. Indemnification. Vendor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Vendor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Vendor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Vendor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 9. Termination. This Contract may be terminated by either party by seven (7) days' written notice delivered to the other party at the addresses written above. Upon termination under this provision if there is no fault of the Vendor, the Vendor shall be paid for services rendered until the effective date of termination. 10. Independent Contractor. At all times and for all purposes herein, the Vendor is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Vendor an employee of the City. 11. Non-Discrimination. During the performance of this Contract, the Vendor 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, or age. The Vendor 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 Vendor 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. 12. Subcontract or Assignment. Vendor shall not subcontract any part of the services to be provided under this Contract; nor may Vendor assign this Contract, or any interest arising herein, without the prior written consent of the City. 13. Services Not Provided For. No claim for services furnished by Vendor not specifically provided for in Exhibit A shall be honored by the City. 14. Compliance with Laws and Regulations. Vendor is responsible for knowing of and abiding by all statutes, ordinances, rules and regulations pertaining to the type of services provided pursuant to this Contract. 15. Audits and Data Practices. The books, records, documents, and accounting procedures and practices of the Vendor or other parties relevant to this agreement are subject to examination by the City and either Legislative Auditor or the State Auditor for a period of six years after the effective date of this contract. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Vendor in Standard Purchasing Contract 2014.01 Page 2 of 3 performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Vendor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Vendor in relation to this Contract shall contain similar Data Practices Act compliance language. 16. 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 contract. The violation of this provision renders the contract void. Any federal regulations and applicable state statutes shall not be violated. 17. Damages. In the event of a breach of this Contract by the City, Vendor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 18. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 19. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 20. Entire Agreement. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager VENDOR By: Its: Standard Purchasing Contract 2014.01 Page 3 of 3 Quotation ALL BIDDERS ESS SINCE Ess Brothers and Sons, Inc. 1867 9350 County Road 19 BROTHERS&SONS,INC Loretto, MN 55357 763-478-2027 or Outstate 800-478-2027 Fax 763-478-8868 CITY: City Of Eden Prairie MN PROJECT NAME/NUMBER: DATE OF BID OPENING: ENGINEER/PHONE#: UNIT UNIT UNIT PRICE+ QUANTITY DESCRIPTION WEIGHT SURCHARGE PRICE SURCHARGE TOTAL 210 27"x 4"H.D.P.E. Rings $24.00 $5,040.00 ( 10)Pallets 790 27"x Slope H.D.P.E. Rings $14.50 $11,455.00 ( 10) Pallets 464 27"x 1 1/2"H.D.P.E. Rings $14.50 $6,728.00 (8)Pallets 483 27"x 1 1/4"H.D.P.E. Rings $14.50 $7,003.50 (7) Pallets 430 27"x 2" H.D.P.E. Rings $14.50 $6,235.00 ( 10) Pallets 100 27"x 1/4"H.D.P.E. Shims $12.00 $1,200.00 ( 1 ) Pallet FREIGHT $0.00 TOTAL WEIGHT OF SHIPMENT 0 PREPARED BY: Allan Vlasak Surcharge rate per Lbs: $0.000 Subtotal $37,661.50 Tax rate: % Tax $0.00 Quantities are approximate, changes could alter price. Total $37,661.50 Freight is estimated on one single shipment. Quotes Valid for 60 days ***SPECIAL ORDER ITEMS ARE NON-RETURNABLE Accepted By: Ess Brothers and Sons, Inc. Contractor is responsible for correct sales tax Job Number: Date: CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 21, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.J. Rick Wahlen Approve Professional Services Agreement Public Works/Utilities with AE2S for Preparation of Utility Master Water Plan Requested Action Move to: Approve a Professional Services Agreement with Advanced Engineering and Environmental Services (AE2S) at a cost not to exceed $75,000 for the engineering services needed to update the utility's water system master plan for the city's comprehensive plan update. Synopsis This Professional Services Agreement authorizes AE2S to review all water system improvements executed since the last comprehensive master planning effort was done in 1986 and to work in concert with city staff in a long-range planning effort to evaluate future growth and water demand. This effort will ultimately produce a water system guidance document as outlined in Exhibit A — Proposal for Professional Engineering Services and Scope of Work for Water System Master Plan Update. Background Information Eden Prairie Utilities has been preparing for future growth by planning for and making many substantial system improvements to sustain the public water supply for years to come. It is time to capture these efforts and ensure we unify the utility's capital planning methodologies with the city's overall comprehensive guide plan update. Funding for this project was approved in the city's 2017-2018 water and wastewater capital improvement plan. Attachments Professional Services Agreement Exhibit A—Proposal and Scope of Work Standard Agreement for Professional Services This Agreement ("Agreement") is made on the 21st day of March , 20 17 , between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Advanced Engineering & Environmental Services, Inc. , a Minnesota Corporation (hereinafter "Consultant") whose business address is _6901 East Bush Lake Road, Suite 184, Maple Grove, MN 55369-5457_. 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 Preparation of the Water System Master Plan Update 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 ( Proposal for Professional Engineering Services & Scope of Work for Water System Master Plan Update ) 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 Consultant's proposal is attached as the Exhibit A Scope of Work, City reserves the right to reject any general conditions in such proposal. 2. Term. The term of this Agreement shall be from March 21, 2017 through September 1, 2017 the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $ 75,000 for the services as described in Exhibit A. A. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. D. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. B. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on Exhibit A performed prior to receipt of written notice from the City of such suspension. Standard Agreement for Professional Services 2014.04 Page 2 of 8 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. D. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 6. Project Manager and Staffing. The Consultant has designated _Jason Benson to serve on the Project. He shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the designated staff from the Project without the approval of the City. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act compliance language. 9. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein. Standard Agreement for Professional Services 2014.04 Page 3 of 8 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 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 Standard Agreement for Professional Services 2014.04 Page 4 of 8 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. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. It shall be Consultant's responsibility to pay any retention or deductible for the professional liability insurance. Consultant agrees to maintain the professional liability insurance for a minimum of two (2) years following termination of this Agreement. e. Consultant shall maintain "stop gap" coverage if Consultant obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. f. All policies, except the Worker's Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the "City of Eden Prairie" as an additional insured on ISO forms CG 20 10 07 04 or CG 20 10 04 13; and CG 20 37 07 04 or CG 20 37 04 13, or their equivalent. g. All policies, except the Professional Liability Policy, shall apply on a "per project" basis. h. All polices shall contain a waiver of subrogation in favor of the City. i. All policies, except for the Worker's Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. j. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. k. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City's written acceptance of the Work. I. It shall be Consultant's responsibility to pay any retention or deductible for the coveraeges required herein. m. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, Standard Agreement for Professional Services 2014.04 Page 5 of 8 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. 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. Standard Agreement for Professional Services 2014.04 Page 6 of 8 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 omission performed, taken or not performed or taken by Consultant, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Consultant harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 14. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 15. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 16. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated Standard Agreement for Professional Services 2014.04 Page 7 of 8 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. 19. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 20. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 21. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 22. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager ADVANCED ENGINEERING & ENVIRONMENTAL SERVICES By: Its: Standard Agreement for Professional Services 2014.04 Page 8 of 8 r E2S www.ae2s . com March 7, 2017 Mr. Rick Wahlen Manager of Utility Operations City of Eden Prairie 14100 Technology Drive Eden Prairie, MN 55344-2230 RE: Exhibit A- Proposal for Professional Engineering Services & Scope of Work for Water System Master Plan Update Dear Mr. Wahlen: Advanced Engineering and Environmental Services, Inc. (AE2S) is pleased to submit this letter proposal to the City of Eden Prairie for professional engineering services related to the Water System Master Plan Update. Our understanding of the project and our proposed scope of services and associated fee are presented below. PROJECT PURPOSE The purpose of this project is to complete a master plan update of the water system including; supply, treatment, storage and distribution. The last comprehensive master planning effort was completed in 1986 and the since that time there have been updates to the water supply portion per state statute requirements, however, we are now beyond the original master plan planning horizon. It is time to complete an update of the planning horizon looking out long term to meet the future needs of the City. The basis of planning for this study will correspond with the comprehensive planning efforts the City is undertaking. The future growth and water demand projections will be used to evaluate system needs along with an assessment of existing system performance and capacities. From the future demand requirements and existing system analysis recommended improvements will be made for supply, treatment, storage, and distribution. A long term capital improvements program will be developed so that cost allocation and rate impacts can be updated in the rate study. The overall goal is to provide a sound basis for implementing future water system needs so that the City can continue providing high quality water to customers. PROPOSED WORK PLAN/APPROACH The general outline for the master plan can be broken up into the following major chapters: 1.0 Basis of Planning 2.0 Water Requirements 3.0 Regulatory and Supply Treatment Requirements 4.0 Water Supply Evaluation 5.0 Water Treatment Facility 6.0 Water Storage Requirements 7.0 Capital Programs Advanced Engineering and Environmental Services, Inc. 6901 East Fish Lake Road,Suite 164 • Water Tower Business Center • Maple Grove, MN 55369-5457 • It) 763-463-5036 • (f] 763-463-5037 r . RE25 www.ae2s . com 8.0 Cost Allocation and Rate Impacts 9.0 Distribution System Analysis An executive summary will be prepared summarizing the overall master plan efforts and a draft report will be finalized following review by City staff. Throughout the process we expect to work closely with City staff to develop the pertinent aspects of each major chapter of the report. The chapters will include trigger points or planning indicators to serve as a guide for future system needs whether those needs are driven by growth or future regulatory requirements. The following is a brief summary of each major chapter: 1.0 Basis of Planning Development of a water system master plan starts with defining the study area for which service will be provided in the future. Once defined an evaluation of historical demographics, which includes defining past population and employment that is correlated with land use and demographic distribution will be completed. These historical relationships will be applied to forecasts of population, employment, and other development units to provide the basis for projecting the magnitude and spatial allocation of future water demand. This chapter will provide the basis for projecting water use and future capacity requirements. 2.0 Water Requirements An important aspect of developing an improvement program for water system needs is the analysis of past water use and the projection of water use trends in the future including anticipated demand reductions related to conservation efforts. Water use factors of concern include; average annual demand, average during each month, maximum daily use, and hourly fluctuations including the maximum hourly water use. This chapter will address existing and future water use for the City utilizing the growth projections established in the Chapter 1 — Basis of Planning. 3.0 Regulatory and Supply Treatment Requirements This chapter will present an assessment of the City's position with respect to compliance with current, pending, and potential future water quality and treatment regulations. A detailed discussion of current and impending regulations under the 1986 and 1996 Amendments to the Safe Drinking Water Act (SDWA) that apply to systems utilizing groundwater supplies will be presented. Aspects of these regulations that may affect the City's current system operation and/or monitoring practices will be discussed. 4.0 Water Supply Evaluation Water supplies must be adequate to meet the long term and peak day demands of the City. The total water supply capacity requirements will be summarized and an assessment of the existing water supply will be completed. Future or additional water supply alternatives will be presented. Capital maintenance and replacement of the supply system will be reviewed and operational considerations for the water supply system will be provided. 5.0 Water Treatment Facility The existing lime softening groundwater treatment facility was constructed in four (4) major phases with the last phase occurring in 1997. The treatment facility major process components will be summarized and a condition and capacity assessment will be completed for the unit Advanced Engineering and Environmental Services. Inc. 6901 East Fish Lake Road,Suite 164 • Water Tower Business Center • Maple Grove, MN 55369-5457 • It) 763-463-5036 • (f] 763-463-5037 r RE025 www.ae2s . corn processes. As part of the overall facility assessment, results from the WTP Optimization Study currently under way will be summarized in this chapter. In addition to the assessment, potential energy management alternatives will be discussed. 6.0 Water Storage Requirements Water storage must be adequate to meet the long term demands of the City. Water distribution storage is provided to ensure reliability of supply, maintain pressure, equalize pumping and treatment rates, reduce the size of transmission mains, and improve operational flexibility and efficiency. Water storage must be adequate to meet the long term demands of the City providing enough storage for equalization, fire protection, and emergencies. The recommended philosophy for providing storage for each of these criteria will be developed and utilized to analyze the existing and future storage requirements. The previous Ground Storage Reservoir (GSR) planning efforts will be incorporated into this Section. Future or additional water storage alternatives will be presented. Capital maintenance and replacement of the storage system will be reviewed. 7.0 Distribution System Analysis The existing distribution system, performance criteria, and previous modeling efforts will be summarized including the model calibration efforts. The hydraulic model will be updated with any new pipes or improvements completed since the last model update. The updated hydraulic model will be utilized to examine the projected future distribution system based upon the future growth projections and any potential deficiencies will be identified. A summary of required improvements will be provided. 8.0 Capital Programs This chapter will summarize the recommended improvements developed in the previous chapters for supply, treatment, storage, and distribution and establish capital costs for those improvements as part of the long term capital improvements program (CIP). In addition, existing capital maintenance and replacement program (CMP) will be reviewed and recommendations will be made to maintain long term sustainability of the water utility. Recommendations for categorizing the need and prioritizing the improvements will be made and an implementation plan will be provided. Improvements related to growth and/or future regulatory requirements will be implemented based upon the established planning indicator drivers. 9.0 Cost Allocation and Rate Impacts The costs identified in long term planning often have an impact on future revenue adequacy, cost of service, and rates. The improvements identified as part of the capital programs will be utilized in a parallel rate study update. The efforts and results of the rate study update will be summarized here. CITY OF EDEN PRAIRIE RESPONSIBILITIES In order to complete our tasks, we will need the City to provide the following: • Provide designated project contact person. Advanced Engineering and Environmental Services, Inc. 6901 East Fish Lake Road,Suite 164 • Water Tower Business Center • Maple Grove, MN 55369-5457 • It) 763-463-5036 • (f] 763-463-5037 A www.ae2s . com • Provide answers to specific project questions, provide requested information and make decisions regarding project direction during course of the project in a timely manner. SCHEDULE The following is a projected project schedule based upon project approval in March 2017. Deliverable Date Draft Capital Program July 1, 2017 Draft Master Plan Report August 1, 2017 Final Capital Program September 15, 2017 Final Master Plan Report October 1, 2017 ENGINEERING FEES We propose to perform the defined tasks for an estimated hourly fee not to exceed of$75,000. We will bill at our customary hourly rates. AGREEMENT We propose to provide the above professional engineering services in accordance with the Standard Agreement for Professional Services between AE2S and the City of Eden Prairie. If this proposal is acceptable to you please let us know and we will provide an Agreement for signature. We thank you for continuing to select AE2S to work with the City of Eden Prairie. If you have any questions or comments please feel free to call us at (763) 463-5036. Sincerely, AE2S Jason Benson, P.E. Project Manager Advanced Engineering and Environmental Services, Inc. 6901 East Fish Lake Road,Suite 184 • Water Tower Business Center • Mapie Grove, MN 55369-5457 • It) 763-463-5036 • (f] 763-463-5037 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 21, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.K. Matt Bourne, Parks and Natural Resources Manager Approve Standard Agreement for Hidden Ponds Irrigation Installation to Green Acres Sprinkler Co. Requested Action Move to: Accept Quotes and Approve Standard Agreement for Hidden Ponds Irrigation Installation to Green Acres Sprinkler Company in the amount of$24,520.00. Synopsis Hidden Ponds Park has a full-size baseball field that is heavily used by the Eden Prairie Baseball Association and City Adult Athletics programs. An irrigation system will be installed on the ballfield to improve the playing conditions and allow for addition game usage. Background The ballfield at Hidden Ponds Park was installed over 25 years ago and has had very few improvements made to it to improve the conditions of the field. This spring, the backstop fencing will be upgraded and an irrigation system will be installed to bring this field up to the standards of other fields of this size in the city. This will allow for safer and better playing conditions for all users of this field. Quote Summary The summary of the quotes submitted is as follows: Green Acres Sprinkler Co. $24,520.00 Aqua Engineering, Inc. $25,100.00 Attachments Standard Agreement for Contracted Services Standard Agreement for Contract Services This Agreement ("Agreement") is made on the 21st day of March, 2017, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Green Acres Sprinkler Co., a Minnesota business corporation (hereinafter "Contractor") whose business address is 6518 Cambridge St, St. Louis Park, MN 55426. 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 the Installation of Irrigation System at Hidden Ponds Park hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. The terms of this Agreement shall take precedence over any provisions of the Contractor's proposal and/or general conditions. 2. Effective Date and Term of Agreement. This Agreement shall become effective as of March 21, 2017 and terminate after the one year warranty period upon completion of the "work". 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. c. Care, coordination and communication by Contractor is imperative so that guests and employees in the park are not disturbed or inconvenienced during the performance of the contracted services. d. Contractor's personnel must be neat appearing, wear a uniform and badge that clearly identifies them as a service contractor, and abide by City's no smoking policies. e. Contractor must honor the City's request to reassign an employee for cause. Cause may include performance below acceptable standards or failure to present the necessary image or attitude, in the judgment of the owner, to present a first class operation. f. Contractor should coordinate schedule of work and completion dates with the City. 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 $24,520.00 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 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 Rob Cooper to Manage the Work. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the designated manager without the approval of the City. 8. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Contract. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 9. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Standard Agreement for Contract Services 2014.01 Page 2 of 8 Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General Liability $1,500,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products —Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain "stop gap" coverage if Contractor obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. e. All policies, except the Worker's Compensation Policy, shall name the "City of Eden Prairie" as an additional insured on ISO forms CG 20 10 07 04 or CG 20 10 04 13; and CG 20 37 07 04 or CG 20 37 04 13, or their equivalent. f. All policies shall apply on a "per project" basis. g. All polices shall contain a waiver of subrogation in favor of the City. h. All policies shall be primary and non-contributory. i. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Agreement. j. Contractor agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City's written acceptance of the Work. Standard Agreement for Contract Services 2014.01 Page 3 of 8 k. It shall be Contractor's responsibility to pay any retention or deductible for the coveraeges required herein. I. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days' prior notice to the City, except that if the cancellation or non- renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten (10) days' prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor's Work. Upon request a copy of the Contractor's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City's right to enforce the terms of Contractor's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor's Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Standard Agreement for Contract Services 2014.01 Page 4 of 8 7I 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: Rob Cooper Green Acres Sprinkler Co. 6518 Cambridge Street St Louis Park, MN 55426 Standard Agreement for Contract Services 2014.01 Page 5 of 8 Notices to the City shall be in writing and shall be either hand-delivered or mailed to the City by certified mail at the following address: Matt Bourne City of Eden Prairie 15150 Technology Dr Eden Prairie, MN 55344 Notices shall be deemed effective on the date of receipt. Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 13. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 14. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 15. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by the Contractor under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Agreement shall contain similar Data Practices Act compliance language. 16. Non-Discrimination. During the performance of this Agreement, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. Standard Agreement for Contract Services 2014.01 Page 6 of 8 17. Conflicts. No salaried officer or employee of the City and no member of the Council, or Commission, or Board of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the agreement void. 18. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 19. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 20. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 25. Waiver. No action nor failure to act by the City or the Contractor shall constitute a waiver of any right or duty afforded any of them under the Agreement, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 26. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between Standard Agreement for Contract Services 2014.01 Page 7 of 8 the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 27. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Parks and Recreation Director CONTRACTOR By: Its: Standard Agreement for Contract Services 2014.01 Page 8 of 8 ,';j'�� �;'►';!i��,�'!l�! ; Lawn Irrigation Proposal 170019 Hunter /Base Line /Rain Bird - Product 'I !'+ *i ' ! ! Prepared on 2/14/2017 for: GREEN City of Eden Prairie Hidden Ponds Park ACRES Soft Ball Field wilmaimakais Eden Prairie MN SPRINKLER C O. I have prepared this proposal utilizing the most efficient technology available today. Green Acres Sprinkler Company strives to be innovative in all aspects of business. Our equipment for installing your automatic lawn sprinkler system is the best available. After 40 years in the business, we feel our installation techniques and quality of workmanship cannot be surpassed by anyone in the industry. Included with this installation are these exceptional services and features: •EFFICIENT and QUICK-- Usually a FIVE DAY installation for systems like yours ! • COLOR CODED "As Built" professional drawing of the system, done to scale, will show where all heads,valves,pipes, and wires have been installed and how the system is zoned. • UTILITY LOCATES will be arranged by Green Acres. The property owner must inform Green Acres of any private utilities (ie. gas grills, lighting, invisible fences, drain tile, etc.). • VALVE BOXES will house all automatic control valves for protection and service access. • WIRE will be single strand 14 gauge copper irrigation wire with weatherproof connections. • CLEANUP will be thorough and timely so your yard can look its best. • WARRANTY for ONE year on ALL materials and workmanship. • CONTROLLER, RPZ, METER, VFD, TAP, PUMP,PLUMBING BY CITY. • CEMENT PAD BY CITY. •PRICE INCLUDES 2017 WINTERIZATION. • Green Acres' Plumber will install 4 inch DIP down piece to sprinkler system. • Green Acres will install enclosure. • THIS INCLUDES PRESERVATION OF EXISTING GRASS. The sprinkler system installed at the above address will include the following components: 5 Baseline BL5201 Decoder 1 Baseline Soil Moister Sensor 1 Irritrol Wireless Rain Sensor 5 Rainbird 2"PGA Series Valve 7 Hunter I-25 Stainless Steel HS 29 Hunter I-25 Stainless Steel 100 Drip Pipe 12" 100 1"Main Supply Line 320 2 1/2" PVC Pipe Schedule 160 1000 Wire 14 ga. UF/UL 320 Hunter 2x14 wire 2 1" Quick Coupler/Swivel/Swing Joint Your complete cost: $24,520.00. I thank you for the opportunity of presenting this proposal and look forward to hearing from you soon. If you have any questions,please contact me, Rob Cooper, at 952-929-1232. Irrigation specialists for over forty years: 6404 Cambridge Street (952) 929-1232 Fax(952) 583-9390 St. Louis Park, MN 55426 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 21, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.L. Matt Bourne, Parks and Natural Resources Manager Approve Purchasing Contract with Viking Electric for Riley Barn Parking Lot Lights Requested Action Move to: Approve Purchasing Contract with Viking Electric Supply in the amount of $38,390.00 for 18 new parking lot lights to be installed at Riley-Jacques Barn. Synopsis The parking lot lighting at Riley-Jacques Barn is scheduled to be updated with new LED light fixtures. Four new lights will also be added and three existing light poles will be relocated to improve coverage of the parking lot and reduce the risk of poles being hit by vehicles. Background The parking lot lights at Riley-Jacques Barn have become outdated and burn through bulbs and ballasts on a frequent basis. The existing light poles are also made from a low quality material and are easily blow over by wind or knocked over by cars. The proposed new lights have a very similar design and historic look as the existing lights, but will contain an LED fixture and the shaft is made from a stronger aluminum material. Funding for the replacement work will come from the Capital Improvement Program (Capital Maintenance and Reinvestment Fund). The project is anticipated to be completed by the end of June. Attachments Standard Purchasing Agreement with Viking Electric Standard Purchasing Contract This Contract ("Contract") is made on the 21st day of March, 2017, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Viking Electric Supply, a Minnesota company(hereinafter "Vendor") whose business address is 451 Industrial Blvd NE, Minneapolis, MN 55413. • Preliminary Statement The City has adopted a policy regarding the selection and hiring of vendors to provide a variety of goods and/or services for the City. That policy requires that persons, firms or corporations providing such goods and/or services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of goods and/or services by Vendor for Purchase of Parking Lot Lights for Riley-Jacques Barn hereinafter referred to as the "Work". The City and Vendor agree as follows: 1. Scope of Work. The Vendor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. The terms of this Contract shall take precedence over any provisions of the Vendor's proposal and/or general conditions. 2. Term of Contract. All Work under this Contract shall be provided, performed and/or completed by June 1, 2017. 3. Compensation for Services. City agrees to pay the Vendor a fixed sum of $38,390.00 as full and complete payment for the goods, labor, materials and/or services rendered pursuant to this Contract and as described in Exhibit A. 4. Method of Payment. Vendor 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. 5. Standard of Care. Vendor 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. 6. Insurance. a. General Liability. Vendor shall maintain a general liability insurance policy with limits of at least $1,500,000.00 for each person, and each occurrence, for both personal injury and property damage. Vendor shall provide City with a Certificate of Insurance verifying insurance coverage before providing service to the City. b. Worker's Compensation. Vendor shall secure and maintain such insurance as will protect Vendor from claims under the Worker's Compensation Acts and from claims for bodily injury, death, or property damage which may arise from the performance of Vendor's services under this Contract. 7. Indemnification. Vendor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Vendor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Vendor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Vendor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 8. Termination. This Contract may be terminated by either party by seven (7) days' written notice delivered to the other party at the addresses written above. Upon termination under this provision if there is no fault of the Vendor, the Vendor shall be paid for services rendered until the effective date of termination. 9. Independent Contractor. At all times and for all purposes herein, the Vendor is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Vendor an employee of the City. 10. Non-Discrimination. During the performance of this Contract, the Vendor 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, or age. The Vendor 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 Vendor 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. 11. Subcontract or Assignment. Vendor shall not subcontract any part of the services to be provided under this Contract; nor may Vendor assign this Contract, or any interest arising herein, without the prior written consent of the City. 12. Services Not Provided For. No claim for services furnished by Vendor not specifically provided for in Exhibit A shall be honored by the City. 13. Compliance with Laws and Regulations. Vendor is responsible for knowing of and abiding by all statutes, ordinances, rules and regulations pertaining to the type of services provided pursuant to this Contract. 14. Audits and Data Practices. The books, records, documents, and accounting procedures and practices of the Vendor or other parties relevant to this agreement are subject to examination by the City and either Legislative Auditor or the State Auditor for a period of six years after the effective date of this contract. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Vendor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Vendor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Vendor in relation to this Contract shall contain similar Data Practices Act compliance language. 15. Conflicts. No salaried officer or employee of the City and no member of the Council, or Commission, or Board of the City shall have a financial interest, direct or indirect, in this Standard Purchasing Contract 2014.01 Page 2 of 3 contract. The violation of this provision renders the contract void. Any federal regulations and applicable state statutes shall not be violated. 16. Damages. In the event of a breach of this Contract by the City, Vendor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 17. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 18. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 19. Entire Agreement. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager VENDOR By: Its: Standard Purchasing Contract 2014.01 Page 3 of 3 Exhibit A Date: Mar 8, 2017 Quote: DC117-33519-3 Quote Page 1/2 Aphr Viking Electric Supply 451 Industrial Blvd. NE Minneapolis MN 55413 Phone: (612) 627-1300 Fax: (612) 676-7007 j From: Jeff Kampf Project City of Eden Prairie Parks - Riley- Quoter Ph: 612-676.7049 Jacques Farmstead/ Lake Riley-Park email:jeff.kampf@vikingelectric.com Location Eden Prairie MN Quote DC117-33519-3 To: Scott Cole For CITY OF EDEN PRAIRIE Bid Date Mar 3, 2017 8080 MITCHELL RD Expires Apr 2, 2017 EDEN PRAIRIE MN 55344 Phone: (952) 949-8300 EMail: scole@edenprairie,org QTY Type MFG Part Price UQ ExtPrice 7 C4-E USAL 400M(MOD ANCHOR RING-3@120/BIN B/C)-1030T- $2,125,00 $14,875,00 14-PT27-DSAP1-VLED-IV-48LED-NW-350MA-MT-XPJ- 1-STD FINISH-LESS NB DWG CS-7270 1 C4-N USAL 400M(MOD ANCHOR RING-3@120/81N B/C)-1030T- $2,125,00 $2,125.00 14-PT27-DSAP 1-VLE D-IV-48LED-N W-350MA-MT-XPJ- 1-STD FINISH-LESS NB DWG CS-7270 1 C4-N USAL ANCHOR BOLT SET(PER POLE) MOD=3 @ 120 $20.00 $20,00 DEG-8"OC(ON CENTER) 1 C5-E USAL 400M(MOD ANCHOR RING-3@120/BIN B/C)-1030T- $2,125,00 $2,125,00 14-PT27-DSAP I-VLE D-V-SQ-48LED-N W-350MA-MT- XPJ-1-STD FINISH-LESS NB DWG CS-7271 6 C5-N USAL 400M(MOD ANCHOR RING-3@120/81N B/C)-1030T- $2,125,00 $12,750,00 14-PT27-DSAP 1-VLE D-V-SQ-48LED-N W-350 MA-MT- XPJ-I-STD FINISH-LESS A/B DWG CS-7271 6 C5-N USAL ANCHOR BOLT SET(PER POLE) MOD=3 @ 120 $20.00 $120,00 DEG-8"OC(ON CENTER) 3 c5-EM USAL 400M(MOD ANCHOR RING-3@120/81N B/C)-1030T- $2,125.00 $6,375.00 14-PT27-DSAP 1-VLE D-V-SQ-48LED-N W-350MA-MT- XPJ-1-STD FINISH-LESS A/B DWG CS-7271 Total: $38,390.00 Notes: SPARES, IF NEEDED, ARE NOT INCLUDED WITHIN THIS QUOTE. CONTROLS, IF NEEDED, ARE NOT INCLUDED WITHINT THIS QUOTE. FREIGHT ALLOWED, PRE-SHIPPED ANCHOR BOLTS ARE PLUS FREIGHT. Terms and conditions of sale: *No Miscellaneous hanging hardware or accessories Included unless noted. *Pricing Is for quantites noted, adjustments subject to change, *These prices are subject to applicable taxes. Jeff Kampf Page 1/2 { 3 SUN VALLEY LIGHTING` cn NCUSTOMER APPROVAL: ' 22-`1 X DATE: 0 A signed approval will be required with the released order PROPRIETARY SUBMITTAL, DO NOT MODIFY. 34" SPECIFICATIONS: LUMINAIRE: HOUSING - CAST ALUMINUM CONSTRUCTION. [;3 REFLECTOR - HEAVY WALL ALUMINUM CONSTRUCTION. VLED OPTICAL SEALED LED OPTICAL MODULE. LOW COPPER A356 ALLOY MODULE: (<.2% COPPER) CAST ALUMINUM HOUSING, INTEGRATED =_ CLEAR TEMPERED 3/16" GLASS LENS SEALED WITH A CONTINUOUS SILICONE GASKET PROTECTS EMITTERS (LED'S) AND EMITTER REFLECTOR-PRISM OPTICS, AND SEALS THE MODULE FROM WATER INTRUSION AND ENVIRONMENTAL CONTAMINANTS. ENTIRE MODULE MEETS IP67 RATING VLED EMITTERS 48 LUXEON T EMITTERS (LED'S) DRIVEN AT 350mA FOR 53 AND OPTICS: TOTAL INPUT WATTS. HIGH OUTPUT, NEUTRAL WHITE 14'-O" NOMINAL 4000K CCT FOR THE ENTIRE MODULE. EACH EMITTER IS OPTICALLY CONTROLLED BY A REFLECTOR-PRISM ' INJECTION MOLDED FROM H12 ACRYLIC (3 TYPES PER F MODULE; ONE FROM 0°-50°; ONE FROM 50°-65°; ONE FROM I 65°-70°).THE REFLECTOR-PRISMS ARE ARRAYED TO PRODUCE IES TYPE IV LIGHT DISTRIBUTION. THE ENTIRE OPTICAL !,1 MODULE IS FIELD ROTATABLE IN THE LUMINAIRE IN 90° e INCREMENTS. VLED DRIVER: CONSTANT CURRENT LED DRIVER OPERATES ON INPUT 14 VOLTAGES FROM 120 - 277 V., 50/60Hz. FACTORY WIRED DRIVER IS INDEPENDENTLY SEALED AND UL LISTED FOR WET LOCATION. 20KA SURGE PROTECTOR WITH "ON" LED OPERATIONAL INDICATOR AND END OF LIFE OPEN CIRCUIT PROTECTION FOR LUMINAIRE. E`= SHAFT: SPUN TAPERED FROM SEAMLESS 6063 ALLOY ALUMINUM. SHAFT HAS 4" BUTT TAPERING TO 3" TOP. SHAFT IS CIRCUMFERENTIALLY WELDED TO BASE. 33" NOM. BASE: ONE PIECE CORROSION RESISTANT, DURABLE CAST ALUMINUM CONSTRUCTION. MINIMUM .220 WALL THICKNESS. BASE CONSISTS OF A SMOOTH, STEPPED BOTTOM SECTION WITH FLUSH HAND HOLE AND A DECORATIVE TAPERED FLUTED SECTION CONSISTING OF EVENLY SPACED, HIGHLY I.-12'.J t DETAILED RAISED VERTICAL FLUTES. HAND HOLE COVER NOM. RNGHOR SUPPLIED WITH TAMPER RESISTANT HARDWARE. ABOVE GROUNDING LUG PROVIDED INSIDE BASE OPPOSITE HAND GRADE HOLE. HAND ANCHORAGE: BY OTHERS. 1) HOLE FINISH: POLYESTER POWDER COAT. (SPECIFY COLOR). 9" DIA. BOLT CIRCLE SCALE: 1/2" =1'-0" MAO__ _.EIN THE 1 ■Va��-A* 660 W. AVENUE 0, PALMDALE, CA.93551 (661) 233.2000 FAX NO. (661) 233-2001 www.sunvallaylighting.com SUN VALLEY n LIGHTING CUSTOMER APPROVAL: ' 22" X DATE: — A signed approval will be required with the released order PROPRIETARY SUBMITTAL, DO NOT MODIFY. 34" I. 20" SPECIFICATIONS: LUMINAIRE: HOUSING - CAST ALUMINUM CONSTRUCTION, REFLECTOR- HEAVY WALL ALUMINUM CONSTRUCTION. t VLED OPTICAL SEALED LED OPTICAL MODULE, LOW COPPER A356 ALLOY MODULE: (<.2% COPPER) CAST ALUMINUM HOUSING. INTEGRATED CLEAR TEMPERED 3/16" GLASS LENS SEALED WITH A CONTINUOUS SILICONE GASKET PROTECTS EMITTERS (LED'S)AND EMITTER REFLECTOR-PRISM OPTICS, AND SEALS =' THE MODULE FROM WATER INTRUSION AND ENVIRONMENTAL = CONTAMINANTS. ENTIRE MODULE MEETS IP67 RATING VLED EMITTERS 48 LUXEON T EMITTERS (LED'S) DRIVEN AT 350mA FOR 53 AND OPTICS: TOTAL INPUT WATTS. HIGH OUTPUT, NEUTRAL WHITE 14'-0" NOMINAL 4000K CCT FOR THE ENTIRE MODULE. EACH EMITTER IS OPTICALLY CONTROLLED BY A REFLECTOR-PRISM INJECTION MOLDED FROM H12 ACRYLIC (3 TYPES PER MODULE;ONE FROM 0°-50°;ONE FROM 50°-65°; ONE FROM 65°-70°).THE REFLECTOR-PRISMS ARE ARRAYED TO PRODUCE IES TYPE V-SQ LIGHT DISTRIBUTION. THE ENTIRE OPTICAL MODULE IS FIELD ROTATABLE IN THE LUMINAIRE IN 90° INCREMENTS, VLED DRIVER: CONSTANT CURRENT LED DRIVER OPERATES ON INPUT VOLTAGES FROM 120 - 277 V., 50/60Hz. FACTORY WIRED DRIVER IS INDEPENDENTLY SEALED AND UL LISTED FOR WET LOCATION. 20KA SURGE PROTECTOR WITH "ON" LED OPERATIONAL INDICATOR AND END OF LIFE OPEN CIRCUIT PROTECTION FOR LUMINAIRE. SHAFT: SPUN TAPERED FROM SEAMLESS 6063 ALLOY ALUMINUM. SHAFT HAS 4" BUTT TAPERING TO 3" TOP. SHAFT IS CIRCUMFERENTIALLY WELDED TO BASE. 33" NOM. BASE: ONE PIECE CORROSION RESISTANT, DURABLE CAST ALUMINUM CONSTRUCTION. MINIMUM .220 WALL THICKNESS, BASE CONSISTS OF A SMOOTH, STEPPED BOTTOM SECTION WITH FLUSH HAND HOLE AND A DECORATIVE TAPERED FLUTED SECTION CONSISTING OF --12'1,1 t EVENLY SPACED, HIGHLY DETAILED RAISED VERTICAL NOM. RIANCHNG 1R FLUTES. HAND HOLE COVER SUPPLIED WITH TAMPER ABOVE RESISTANT HARDWARE. GROUNDING LUG PROVIDED INSIDE GRADE BASE OPPOSITE HAND HOLE. HOLE ANCHORAGE: BY OTHERS.. HAND FINISH: POLYESTER POWDER COAT, (SPECIFY COLOR). 9"DIA. BOLT CIRCLE SCALE: 1/2" =1'-0" MA_ _EI ng 660 W. AVENUE 0, PALMDALE, CA. 93551 (661) 233-2000 FAX NO. (661)233-2001 w w w.s u n v a l l e y l i g h t i n g.c o m CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 21, 2017 DEPARTMENT/DIVISION: Janet Jeremiah, Community ITEM NO.: VIII.M. Development Director ITEM DESCRIPTION: Jeanne Karschnia, Community Approve the Senior Emergency Repair Program Services Coordinator Requested Action Move to: Approve the use of CDBG funds for a Senior Emergency Repair Program. Background The Senior Emergency Repair Program is available to income eligible Eden Prairie seniors (60 or older). An emergency repair program allows income qualifying seniors a maximum of$5,000.00 in CDBG funds to be used for emergency repairs. Emergency repairs include heating, air conditioning, water heater replacement as well as accessibility upgrades that may become necessary due to a medical condition. The purpose of an Emergency Repair Program is to allow the homeowners to use an accelerated process to get the emergency repairs done. These loans are forgiven after three years. If the property is sold within three years, the loan must be repaid in full. The program will use $40,000 of CDBG program income to fund the program. Attachments Emergency Repair Program Guideline Document Emergency Repair Program Agreement City of Eden Prairie Emergency Repair Program E DE N PRAIRIE I IL':•INOROFIRFAM � tit �I�II 1 "••" f 11■■ll aka Home improvement grants are now available! Are you a senior (60 or older) who owns a home in Eden Prairie that needs emergency repairs? The City of Eden Prairie offers an emergency repair forgivable loan for seniors. If you are a senior (60 or older) and you own a home in Eden Prairie that needs emergency repairs, you may be eligible for a loan of up to $5,000 that is forgiven after three years. Emergency Repairs Include . Water Heaters . Furnaces • Air Conditioners • Accessibility Upgrades - Grab Bars & Handrails In order to qualify, you must be a senior, own and live in your home, and your total household income must be below the following limits. one person household = under $46,000 two person household = under $52,600 For further details, questions, or an application, contact Jeanne Karschnia at (952) 949-8486 or jkarschnia@edenprairie.org. A oVmonru'NrT Eden Prairie Emergency Repair Grant Eligibility Eden Prairie Homeowner Home is principal residence of applicant Senior Citizen; 60 or older Eligible Repairs Furnace Water Heater Air Conditioner Handicap accessibility improvements Process 1. Complete Application 2. Office of Housing and Community Services will process application 3. City inspection upon application approval 4. Homeowner must obtain two bids for each project 5. Homeowner will sign an agreement with the city* 6. Homeowner and contractor will sign a work contract before the work begins 7. Upon completion of work,the city inspector will inspect the work 8. Completion Certificate signed by contractor, homeowner, inspector and city representative 9. Payment will be made directly to the contractor *The loan is forgiven after three years. If the home is no longer the principal residence before three years,the principal amount is due to the city. CITY OF EDEN PRAIRIE EMERGENCY REHABILITATION PROGRAM AGREEMENT (This instrument is exempt from registration tax under Section MS. 287.04(F) of Minnesota Statutes) THIS AGREEMENT, made and entered into this day of , 20_, by and between and residing at , Eden Prairie, Minnesota 55 (hereinafter referred to as "Owner"), and the City of Eden Prairie, a body corporate and politic of the State of Minnesota, having its principal office at 8080 Mitchell Road, Eden Prairie, Minnesota 55344, (hereinafter referred to as the "City"). WHEREAS, Owner is the fee owner of the real property legally described on Exhibit attached hereto and hereinafter referred to as the"Real Property" and; WHEREAS, the Real Property is Owner's homestead and primary residence; and WHEREAS, Owner has made application under the City's Emergency Rehabilitation Program for funds (the "Funds") to be used for eligible emergency repairs on the Real Property as identified on Exhibit B hereto (the"Emergency Repairs"). WHERAS City agrees to provide to Owner the Funds in an amount not to exceed Thousand and no/100 dollars ($ ) on the condition that the Owner executes this Agreement and that the Funds will be used only for the Emergency Repairs in accordance with the terms and conditions of the Application and this Agreement; and WHEREAS, Owner and the City desire to set forth the terms under which the Funds shall be provided by City to Owner. NOW, THEREFORE, in consideration of said the receipt of said Funds, the receipt and sufficiency of which is hereby acknowledged by Owner, and in accordance with Minnesota Statutes, the parties hereto do hereby agree as follows: 1. Use of Funds. The Funds shall be used solely to perform the emergency repairs as identified on Exhibit B, attached hereto and incorporated herein, (the "Emergency Repairs") on the Real Property. 2. Payment of Funds. Owner shall notify the City when the Emergency Repairs have been completed. City may inspect the Real Property to determine that the Emergency Repairs have been completed. Following completion of the Emergency Repairs Owner shall submit to City applications for payment and such other documentation deemed satisfactory to City in its sole discretion evidencing completion of the Emergency Repairs. Upon City determination that the Emergency Repairs for which the application has been submitted are complete, City shall disperse to the contractor(s) who completed the Emergency Repairs in an amount to pay for the Emergency Repairs, but in no event shall the total amount paid under this Agreement exceed the amount of the Funds. No payment shall be made for Emergency Repairs completed after . 3. Repayment of Funds. Owner agrees to the following repayment obligations: 3.1 If the Real Property, as identified on Exhibit A, is sold, transferred, or otherwise conveyed(whether by deed, contract for deed, or otherwise), and whether voluntary or involuntary, within three (3) years from the date of this Agreement, Owner shall repay the principal sum of the Funds. 3.2 If the Real Property, as identified on Exhibit A, ceases for any reason to be used by Owner as Owner's homestead and primary residence within three (3)years from the date of this Agreement, Owner shall repay the principal sum of the Funds. 3.3 Owner shall give written notice to the City thirty (30) days prior to the occurrence of any of the events listed in Paragraphs 3.1 and 3.2, and repayment shall be made by Owner immediately upon the occurrence of any of said events. 3.4 Payments shall be delivered to the office of the City, or at such other place as the City may designate. 4. Owner's Representations, Warranties and Covenants. Owner represents, warrants and covenants with the City that: 4.1 Owner covenants that Owner is lawfully seized of the Property and has the right to grant and convey the same; that the Property is free from all encumbrances, except for a first mortgage in favor of , its successors and assigns; and that the Owner will warrant and defend generally the title to the Property against all claims and demands, subject to declarations, easements or restrictions of record, if any. 4.2 Owner represents that all statements made in any certificate or other statement given by Owner to obtain the Funds secured by this Agreement are true and correct. 4.3 Owner represents that the Real Property is the legal homestead and the primary residence of Owner; and that Owner has no present intention to rent, sell, assign, or transfer the Real Property to another person or entity; and 2 4.4 The Funds will be used only for the Emergency Repairs described in Paragraph 1. 5. Grant of Lien. Owner does hereby grant and convey to City, forever, with power of sale, a lien in the amount of$ on the Real Property (the "Lien"), together with all hereditament and appurtenances thereto, to satisfy Owner's repayment obligation and the cost, including reasonable attorney fees of collecting the same. 6. Events of Default. Any one of the following shall constitute an event of default: 6.1 Owner's failure to cure a breach of any covenant, term or condition contained in this Agreement for a period of thirty (30) days after written notice, specifying the breach and requesting that it be cured, given to Owner by the City, unless the City shall agree in writing to an extension of such time prior to its expiration. 6.2 If any representation, warranty or covenant made by Owner herein shall prove at any time to be, in any material respect, incorrect or misleading as of the date made. 6.3 Failure to obtain or maintain the insurance coverages customary and proper for the Real Property. 6.4 Failure to pay or provide proof of payment of any tax, assessment,rent, insurance premium, escrow or escrow deficiency on or before its due date; or 6.5 Foreclosure of a lien, mortgage, or any other encumbrance against the Real Property. 6.6 The filing by Owner of a petition in voluntary bankruptcy or the making by it of a general assignment for the benefit of creditors or the consenting by it to the appointment of a receiver or receivers of all or any substantial part of the property of Owner; or the filing by Owner of a petition to take advantage of any debtor's act. 6.7 The adjudication of Owner as bankrupt by a court of competent jurisdiction, or the entry by such a court of an order approving a petition seeking reorganization of Owner under the federal bankruptcy laws or any other applicable law or statute of the United States of America or any State thereof; or the appointment by such a court of a trustee or receiver or receivers of Owner or of all or any substantial part of its property upon the application of any creditor in any insolvency or bankruptcy proceeding or other creditor's suit. 7. City's Remedies. Whenever Owner is in default under this Agreement, the City may exercise any one or more of the remedies below. 7.1 The City may declare the principal sum of the Funds, plus all other amounts that may be owed by Owner to the City pursuant to this Agreement, to be immediately due and payable. 7.2 The City may, in its sole discretion, commence foreclosure proceedings on the Real 3 Property on the Real Property in accordance with Minnesota statutes. 7.3 The City may take whatever action at law or in equity may appear necessary or appropriate to collect the principal sum of the Funds, plus all other amounts that may be owed by Owner to the City pursuant to this Agreement, or to enforce performance and observance of any obligation, agreement or covenant of Owner under this Agreement. 7.4 No remedy herein conferred is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the City to exercise any remedy set forth in this Agreement, it shall not be necessary to give any notice, other than such notice as may be herein expressly required or required by applicable law. 8. Notice of Default. City agrees that, if it intends to foreclose, City will give Owner written notice of any default under the terms and conditions of this Agreement, by sending the notice to Owner at the property address. The notice of default shall contain the following provisions: (i) the nature of the default by Owner; (ii) the action required to cure the default; (iii) a date, not less than 30 days from the date the notice is mailed to Owner, by which such default must be cured; (iv) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Agreement and sale of the Property; (v) that Owner has the right to reinstate this Agreement after acceleration; and (vi) that Owner has the right to bring a court action to assert the nonexistence of a default or any other defense of Owner to acceleration and sale. 9. Power of Sale. If an Event of Default occurs, including a default in the required repayments or any part thereof, or of taxes, assessments, insurance premiums, other mortgage payments, or any other sum, when the same becomes due as herein provided, Owner hereby authorizes and empowers City to foreclose this lien by judicial proceedings or to sell the Real Property at public auction according to the statute in such case provided, and to apply the proceeds of the sale to pay all amounts then due on this lien, including principal, interest, and the amount of any taxes, assessment and insurance premiums, other mortgage payments, and any other sum which may then be due to City, and also to pay all costs and expense of such foreclosure sale, including maximum statutory attorney's fees, which costs, expenses and fees Owner agrees to pay. 10. Attorney's Fees. In the event Owner should default under any of the provisions of this Agreement and the City should employ attorneys or incur other expenses for the collection of the amounts due hereunder or the enforcement of performance of any obligation or agreement on the part of Owner, Owner will on demand pay to the City the reasonable fee of such attorneys and such other expenses so incurred. 4 11. Agreement to Run with the Land. This Agreement shall run with the aforementioned Real Property and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, representatives, successors and assigns. Wherever used, the singular shall include the plural, and the plural shall include the singular. All covenants and agreements of Owner shall be joint and several. 12. Severability. In the event any provision or clause of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 13. Waiver. In the event any covenant, term or condition contained in this Agreement should be breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other breach hereunder. 14. Parties' Successors. This Agreement is binding upon the parties hereto and their respective heirs, executors, representatives, successors and assigns. 15. Restriction on Assignment. Owner shall not assign, transfer, or delegate any of Owner's rights or obligations under this Agreement. 16. Amendment. The provisions contained in this Agreement may not be amended, except through a written agreement that is signed by the Owner and the City. 17. Automatic Termination. If, after three (3) years from the date of this Agreement, Owner is not in default under any terms of this Agreement, Owner's repayment obligations set forth herein shall terminate. 18. Notice. In addition to any notice required under applicable law to be given in another manner, any notice provided for in this Agreement shall be effective when mailed by certified mail, return receipt requested, to the address below or such other address the receiving party may designate in writing. To: City of Eden Prairie ATTN: Manager, Housing & Community Services 8080 Mitchell Road Eden Prairie, Minnesota 55344 5 To: (Owner) (Address) Eden Prairie, MN 19. Data Practices Act. The Owner shall at all times abide by the Minnesota Government Data Practices Act, Minn. Stat. Section 13.01, et seq., to the extent that the Act is applicable to data and documents in the hands of the Owner. 20. Audits. The books, records, documents, and accounting procedures and practices of the Owner or other parties relevant to this agreement are subject to examination by the City and either Legislative Auditor or the State Auditor for a period of six years after the effective date of this Agreement. 21. Governing Law. This Agreement is deemed made within the State of Minnesota and shall be governed by and interpreted in accordance with Minnesota law. All disputes arising out of this Agreement shall be subject to the exclusive jurisdiction of the Minnesota State Courts, and exclusive venue for any such action shall be in Hennepin County, Minnesota. 22. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and merges all prior discussions between them with respect to the subject matter hereof. This Agreement may not be modified except by a written agreement dated subsequent to the date of this Agreement and signed by both parties. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) 6 CITY OF EDEN PRAIRIE By: Nancy Tyra-Lukens, Mayor By: Rick Getschow, City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 20_, 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 7 OWNER STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 20 , by and . Notary Public This instrument was drafted by: Gregerson,Rosow,Johnson&Nilan, Ltd. 100 Washington Avenue South, Suite 1550 Minneapolis,MN 55401 (612) 338-0755 8 Exhibit A Description of the Real Property 9 Exhibit B List of Emergency Repairs 10 CITY COUNCIL AGENDA DATE: March 21, 2017 SECTION: Consent DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.N. Janet Jeremiah, Community Approve the Modification of the Housing Rehab Development Director Loan Repayment Agreement Jeanne Karschnia Community Services Coordinator I Requested Action Move to: Approve the modification of the Housing Rehab Loan Repayment Agreement to incorporate a phased repayment plan, with the loan forgiven after 20 years. Background For the past six years the City's Housing Rehab Loan program included a no interest loan that was payable when the homeowner sold the property or after 30 years. After doing extensive research on other rehab programs in Hennepin County, staff recommends instituting a phased repayment plan. The value of the repairs and improvements (e.g., new roof shingles) tend to depreciate over time, which is why staff recommends the repayment also depreciate over time. The Rehab Loan Program utilizes federal CDBG funds and repayments from previous loans. There are currently 110 rehab loans open. Of those, four loans would be forgiven as of the date of Council action. Rehab loan holders would be notified of the change in the terms. The Repayment Agreement would be modified to incorporate this phased repayment. If the home is sold within 11 years of the loan date, 100% of the principal amount is due. On the 11th anniversary of the loan origination date, 90% of the loan principal is due and declines 10% a year until it is forgiven after 20 years. 10 Years = 100% of principal is due 11 Years =90% of principal is due 12 Years = 80% of principal is due 13 Years =70% of principal is due 14 Years =60% of principal is due 15 Years = 50% of principal is due 16 Years =40% of principal is due 17 Years =30% of principal is due 18 Years =20% of principal is due 19 Years = 10% of principal is due 20 Years - 0% Loan is forgiven Attachments: Modified Agreement A Comparison of Hennepin County Rehab Programs CITY OF EDEN PRAIRIE HOUSING REHABILITATION DEFERRED LOAN PROGRAM REPAYMENT AGREEMENT (This instrument is exempt from registration tax under Section M.S. 287.04(F) of Minnesota Statutes) THIS AGREEMENT, made and entered into this day of 20 , by and between (hereinafter referred to as "Owner"), and the City of Eden Prairie, a body corporate and politic of the State of Minnesota, having its principal office at 8080 Mitchell Road, Eden Prairie, Minnesota 55344, (hereinafter referred to as "City"). WHEREAS, Owner is the fee owner of the real property legally described on Exhibit A attached hereto and hereinafter referred to as the"Real Property" and; WHEREAS, the Real Property is Owner's homestead and primary residence; and WHEREAS, Owner has applied to the City for a Housing Rehabilitation Deferred Loan (the "Loan") to provide funds for work on the Real Property as identified on Exhibit B hereto (the "Work"). WHERAS, City agrees to provide to Owner the Loan in an amount not to exceed Thousand and no/100 dollars ($ ) only for rehabilitation work on the existing residential housing owned and occupied by Owner, the receipt and sufficiency of which is hereby acknowledged by Owner, on the condition that the Owner executes this Agreement and that the funds will be used in accordance with the terms and conditions of the Loan Application and this Agreement; and WHEREAS, Owner and the City desire to set forth the terms under which the Loan shall be provided by City to Owner. WHEREAS, in accordance with the provisions of said Minnesota Statutes, Owner and City desire to set forth herein the provisions for Owner's repayment of the Loan, and to provide for securing said repayment with a mortgage on the property described below (hereinafter referred to as "the Lien"). 1 NOW, THEREFORE, in consideration of said Loan and in accordance with Minnesota Statutes, the parties hereto do hereby agree as follows: 1. Use of Loan Proceeds. The Loan proceeds shall be used solely to perform alterations, repairs, or Work on or in connection with the Real Property as identified on Exhibit B, attached hereto and incorporated herein, (the "Work"). Said Work shall be to improve the conditions relating to health, safety, and energy efficiency of the Real Property, or provide essential accessibility Work to the Real Property. All Work shall be subject to the City's approval. Request for amendment(s) to Exhibit B must be submitted to the City in writing. Only Work identified on Exhibit B, as the same may be amended, shall be eligible for payment from Loan Proceeds. 2. Payment of Loan Proceeds. Owner shall notify the City when the Work has been completed. City may inspect the Real Property to determine that the Work has been completed. Following completion of the Work Owner shall submit to City applications for payment and such other documentation deemed satisfactory to City in its sole discretion evidencing completion of the Work. Upon City determination that the Work for which the application has been submitted are complete, City shall disperse to the contractor(s) who completed the Work the Loan proceeds in an amount to pay for the Work, but in no event shall the total amount paid under this Agreement exceed the amount of the Grant. 3. Repayment of Loan Proceeds. 3.1 Owner shall repay the entire principal sum of the Loan if Owner: (i) is in default under any of the terms and conditions of this agreement, (ii) breaches any representations or covenants in this agreement, or (iii) any representation or covenant made Owner in connection herewith shall prove at any time to be, in any material respect, incorrect or misleading as of the date made. 3.2 Owner shall repay the principal sum of the Loan in accordance with the schedule in 3.3: (a) is sold, transferred, or otherwise conveyed (whether by deed, contract for deed, or otherwise) whether voluntary or involuntary, either while the Owner is living or by reason of the death of the Owner (excluding the transfer of said property by operation of law or devised to a surviving Owner joint tenant or former tenant in common, for so long as said surviving Owner joint tenant, devisee or owner occupies said property as his or her principal place of residence); or (b) ceases for any reason to be used by Owner as Owner's homestead and primary residence. 3.3 In the event of repayment required by the terms of 3.2 (a) or(b) Owner's repayment of principal shall be in accordance with the following schedule: Years 1-10= 100%of the original principal is due, 2 Year 11 =90% of original principal is due, Year 12 = 80% of original principal is due, Year 13 =70% of original principal is due, Year 14=60% of original principal is due, Year 15 =50% of original principal is due, Year 16 =40% of original principal is due, Year 17 =30% of original principal is due, Year 18 =20% of original principal is due, Year 19 = 10% of original principal is due, Year 20 —the Loan is forgiven. 3.4 Owner shall give written notice to the City thirty (30) days prior to the occurrence of any of the events listed in Paragraphs 3.1 through 3.2, and repayment shall be made by Owner immediately upon the occurrence of any of said events. 3.5 Payments shall be delivered to the office of the City, or at such other place as the City may designate. 4. Owner's Representations, Warranties and Covenants. Owner represents, warrants and covenants with the City that: 4.1 Owner is lawfully seized of the Property and has the right to Loan and convey the same; that the Property is free from all encumbrances, except for a first mortgage in favor of , its successors and assigns; and that the Owner will warrant and defend generally the title to the Property against all claims and demands, subject to declarations, easements or restrictions of record, if any. 4.2 All statements made in any certificate or other statement given by Owner to obtain the Loan secured by this Agreement are true and correct. 4.3 The Real Property is the legal homestead and the primary residence of Owner; and that Owner has no present intention to rent, sell, assign, or transfer the Real Property to another person or entity; 4.4 The proceeds of the Loan will be used only for the Work described in Paragraph 1; 4.5 The representations and covenants set forth in or made pursuant to this Agreement will remain operative and in full force and effect, and shall survive delivery of and payment of the Loan, and shall be binding upon and inure to the benefit of the Owner and City and theirs successors and assigns. 5. Grant of Lien. Owner does hereby grant and convey to City, forever, with power of sale, a lien in the amount of$ on the Real Property (the "Lien"), together with all hereditament and appurtenances thereto, to satisfy Owner's repayment obligation and the cost, including reasonable attorney fees of collecting the same. 6. Events of Default. Any one of the following shall constitute an event of default: 3 6.1 Owner's failure to cure a breach of any covenant, term or condition contained in this Agreement for a period of thirty (30) days after written notice, specifying the breach and requesting that it be cured, given to Owner by the City, unless the City shall agree in writing to an extension of such time prior to its expiration. 6.2 If any representation, warranty or covenant made by Owner herein shall prove at any time to be, in any material respect, incorrect or misleading as of the date made. 6.3 Failure to obtain or maintain the insurance coverages customary and proper for the Real Property. 6.4 Failure to pay or provide proof of payment of any tax, assessment, rent, insurance premium, escrow or escrow deficiency on or before its due date. 6.5 Foreclosure of a lien, mortgage, or any other encumbrance against the Real Property. 6.6 The filing by Owner of a petition in voluntary bankruptcy or the making by it of a general assignment for the benefit of creditors or the consenting by it to the appointment of a receiver or receivers of all or any substantial part of the property of Owner; or the filing by Owner of a petition to take advantage of any debtor's act. 6.7 The adjudication of Owner as bankrupt by a court of competent jurisdiction, or the entry by such a court of an order approving a petition seeking reorganization of Owner under the federal bankruptcy laws or any other applicable law or statute of the United States of America or any State thereof; or the appointment by such a court of a trustee or receiver or receivers of Owner or of all or any substantial part of its property upon the application of any creditor in any insolvency or bankruptcy proceeding or other creditor's suit. 7. City's Remedies. Whenever Owner is in default under this Agreement, the City may exercise any one or more of the remedies below. 7.1 The City may declare the principal sum of the Loan, plus all other amounts that may be owed by Owner to the City pursuant to this Agreement, to be immediately due and payable. 7.2 The City may, in its sole discretion, commence foreclosure proceedings on the Real Property on the Real Property in accordance with Minnesota statutes. 7.3 The City may take whatever action at law or in equity may appear necessary or appropriate to collect the principal sum of the Loan,plus all other amounts that may be owed by Owner to the City pursuant to this Agreement, or to enforce performance and observance of any obligation, agreement or covenant of Owner under this Agreement. 7.4 No remedy herein conferred is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall 4 be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the City to exercise any remedy set forth in this Agreement, it shall not be necessary to give any notice, other than such notice as may be herein expressly required or required by applicable law. 8. Notice of Default. City agrees that, if it intends to foreclose, City will give Owner written notice of any default under the terms and conditions of this Agreement, by sending the notice to Owner at the property address. The notice of default shall contain the following provisions: (i) the nature of the default by Owner; (ii) the action required to cure the default; (iii) a date, not less than 30 days from the date the notice is mailed to Owner, by which such default must be cured; (iv) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Agreement and sale of the Property; (v) that Owner has the right to reinstate this Agreement after acceleration; and (vi) that Owner has the right to bring a court action to assert the nonexistence of a default or any other defense of Owner to acceleration and sale. 9. Power of Sale. If an Event of Default occurs, including a default in the required repayments or any part thereof, or of taxes, assessments, insurance premiums, other mortgage payments, or any other sum, when the same becomes due as herein provided, Owner hereby authorizes and empowers City to foreclose this lien by judicial proceedings or to sell the Real Property at public auction according to the statute in such case provided, and to apply the proceeds of the sale to pay all amounts then due on this lien, including principal, and the amount of any taxes, assessment and insurance premiums, other mortgage payments and any other sum which may then be due to City, and also to pay all costs and expense of such foreclosure sale, including maximum statutory attorney's fees, which costs, expenses and fees Owner agrees to pay. 10. Attorney's Fees. In the event Owner should default under any of the provisions of this Agreement and the City should employ attorneys or incur other expenses for the collection of the amounts due hereunder or the enforcement of performance of any obligation or agreement on the part of Owner, Owner will on demand pay to the City the reasonable fee of such attorneys and such other expenses so incurred. 11. Agreement to Run with the Land. This Agreement shall run with the aforementioned Real Property and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, representatives, successors and assigns. Wherever used, the singular shall include the plural, and the plural shall include the singular. All covenants and agreements of Owner shall be joint and several. 12. Severability. In the event any provision or clause of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 13. Waiver. In the event any covenant, term or condition contained in this Agreement should 5 be breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other breach hereunder. 14. Parties' Successors. This Agreement is binding upon the parties hereto and their respective heirs, executors, representatives, successors and assigns. 15. Restriction on Assignment. Owner shall not assign, transfer, or delegate any of Owner's rights or obligations under this Agreement. 16. Amendment. The provisions contained in this Agreement may not be amended, except through a written agreement that is signed by Owner and City. 17. Automatic Termination. If, after twenty (20) years from the date of this Agreement, Owner is not in default under any terms of this Agreement, Owner's repayment obligations set forth herein shall terminate. 18. Notice. In addition to any notice required under applicable law to be given in another manner, any notice provided for in this Agreement shall be effective when mailed by certified mail, return receipt requested, to the address below or such other address the receiving party may designate in writing. To: City of Eden Prairie ATTN: Manager, Housing & Community Services 8080 Mitchell Road Eden Prairie, Minnesota 55344 To: (Owner) (Address) Eden Prairie, MN 19. Data Practices Act. The Owner shall at all times abide by the Minnesota Government Data Practices Act, Minn. Stat. Section 13.01, et seq., to the extent that the Act is applicable to data and documents in the hands of the Owner. 20. Audits. The books, records, documents, and accounting procedures and practices of the Owner or other parties relevant to this agreement are subject to examination by the City and either Legislative Auditor or the State Auditor for a period of six years after the effective date of this Agreement. 21. Governing Law. This Agreement is deemed made within the State of Minnesota and shall be governed by and interpreted in accordance with Minnesota law. All disputes arising out of this Agreement shall be subject to the exclusive jurisdiction of the Minnesota State Courts, and exclusive venue for any such action shall be in Hennepin County, Minnesota. 22. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and merges all prior discussions between them 6 with respect to the subject matter hereof This Agreement may not be modified except by a written agreement dated subsequent to the date of this Agreement and signed by both parties. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) 7 CITY OF EDEN PRAIRIE By: Nancy Tyra-Lukens, Mayor By: Rick Getschow, City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 20_, 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 8 OWNERS STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 20_, by and . Notary Public This instrument was drafted by: Gregerson,Rosow,Johnson&Nilan, Ltd. 100 Washington Ave. South, Suite 1550 Minneapolis,MN 55401 (612) 338-0755 9 Exhibit A Description of the Real Property 10 Exhibit B List of the Work 11 Hennepin County Rehabilitation Loan Programs CITY Maximum Loan Combined Loan-to-Value to Loan Terms Amount Not Exceed • 30 year deferred loan Eden Prairie $30,000 100% • No interest • No Monthly Payment • 30 year deferred loan Bloomington $35,000 100% • 2%simple interest (first 10 years) • No monthly payment • 10 year deferred loan (forgiven) Minnetonka $5,000 100% • No interest • No monthly payment • 20 year deferred loan (forgiven) Plymouth $30,000 100% • No interest • No monthly payment • 15 year deferred loan (forgiven) Edina $30,000 95% • No interest • No monthly payment • 15 year deferred loan (forgiven) Hopkins $25,000 100% • No interest • No monthly payment • 10 year deferred loan (forgiven) Brooklyn Park $30,000 NONE • No interest • No monthly payment Brooklyn Center 95% Consolidated Pool Cities* 95% • 15 even year deferred loan for Crystal 100% $30,000 • No interest (forgiven) ) Maple Grove 95% • No monthly payment New Hope 95% St. Louis Park 95% • 30 year deferred loan (forgiven) Richfield $30,000 95% • No interest • No monthly payment CITY COUNCIL AGENDA DATE: SECTION: Public Hearings March 21, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.A. Community Rockwill Addition Development/Planning Janet Jeremiah/Beth Novak-Krebs Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Preliminary Plat on 1.06 acres into two lots and; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Synopsis The project involves subdividing an existing 1.06-acre lot into two lots. The property is located at the corner of W. Sunrise Circle and E. Sunrise Circle and includes a single family home on the southern part of the lot. The property is guided Low Density Residential and is zoned R1-22. Proposed lot 1 is being created for a new single family home and lot 2 will contain the existing home. The lots and the homes comply with the zoning and subdivision standards; therefore, the applicant is not requesting waivers. The new home is currently served by public sanitary sewer and water and the new home will also be connected to public utilities. Background The 120-Day Review Period Expires on May 29, 2017. Planning Commission Recommendation The Planning Commission voted 7-0 to recommend approval of the project at the February 27, 2017 meeting. Attachments 1. Resolution for Preliminary Plat 2. Staff Report 3. Guide Plan Map 4. Zoning Map 5. Aerial photo 6. Planning Commission Minutes CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2017- RESOLUTION APPROVING THE PRELIMINARY PLAT OF ROCKWILL ADDITION FOR BCUBE,LLC BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Rockwill Addition for BCube, LLC stamp dated February 6, 2017, and consisting of 1.06 acres into 2 lots, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved subject to approval of the Development Agreement. ADOPTED by the Eden Prairie City Council on the 21st day of March, 2017. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk STAFF REPORT TO: Planning Commission FROM: Beth Novak-Krebs, Senior Planner DATE: February 22, 2017 APPLICANT/ OWNER: Jeremy Rock BCube, LLC 5925 Marsh Lake Road Chaska, MN 55378 SUBJECT: Rockwill Addition LOCATION: 15480 Sunrise Circle East 120 DAY REVIEW: May 29, 2017 REQUEST: Preliminary Plat of 1.06 acres into two lots BACKGROUND The applicant is proposing to divide an existing lot into two lots. The property is 1.06 acres and it is '`"'`"" CIF? located at the corner of W. Sunrise Circle and E. ..- - Sunrise Circle. A single family home sits on the southern part of the lot. ' y q -+ • • COMPREHENSIVE PLAN AND ZONING The Comprehensive Guide Plan shows the •t A proposed site guided Low Density Residential `` allowinga densityof upto 2.5 unitsper acre. The x ` MS' property is zoned R1-22. The plat is consistent with the Comprehensive Plan. 14, t. The properties to the north, east, and south are guided for Low Density Residential and the !. property to the west is guided for Medium Density p- r' A 41111i .• Residential development. The properties to the ,` rno . ; i north, east and south are zoned R1-22 and the , ,� Iv property to the west is zoned RM-6.5. _ . EFL �..::. J.4 Staff Report—Rockwill Addition February 22, 2017 PRELIMINARY PLAT This project proposes the creation of 2 lots with a gross density of 1.88 dwelling units per acre. Proposed Lot 2 will include the existing home and proposed Lot 1 is being created for a new single family home. The lot sizes are 22,312 square feet and 23,780 square feet, exceeding the lot size requirement of the R1-22 zoning district. The lots and the homes comply with the zoning and subdivision standards; therefore, the applicant is not requesting any waivers. TREE LOSS AND REPLACEMENT The Tree Inventory indicates that the applicant will be removing 4 significant coniferous trees to accommodate the new driveway on Lot 1. Based on the grading plan,several additional significant trees may need to be removed. In total,the removal of significant trees is less than 10%,therefore, tree replacement is not required. SPECIAL ASSESSMENTS This property is subject to trunk sewer and watermain assessments.A special assessment agreement will be required covering the total amount of trunk assessments. Connection fees for the sanitary sewer and water services for Lot 1 will also be applicable. The deferred street and storm sewer assessment for previous improvements to Sunrise Circle West is also applicable. The deferred assessment and connection fees must be paid prior to release of the final plat. UTILITIES The existing home on Lot 2 is served by sanitary sewer and water laterals from the main lines along E. Sunrise Circle. The proposed new home on Lot 1 will be served by existing sanitary sewer and water laterals along W. Sunrise Circle that are stubbed to the property line will be extended to serve the new house. WATER QUALITY When an application for a Land Alteration Permit is submitted for Lot 1, detailed stormwater and erosion control plans will be required at that time. City staff has evaluated the site for the presence of wetlands. AIRPORT The property is located within one mile off the end of the primary runway for the Flying Cloud Airport. The property is not located within safety zones A or B,but it is located within the Airspace Zoning Limits in which there are airspace height limitations. The property is also located within an airport noise buffer zone established by the City,which requires noise mitigation for the new home. The City sent plans to MAC for review and comments were provided on January 17,2017.The letter from MAC has been provided to the applicant. The comments from MAC will be addressed by the applicant and/or in the Development Agreement. 2 Staff Report—Rockwill Addition February 22, 2017 NEIGHBORHOOD MEETING The applicant held a neighborhood meeting on February 13, 2017. According to the applicant, 81 households were invited and 3 people attended and the feedback was positive. STAFF RECOMMENDATION Recommend approval of the following request: • Preliminary Plat of 1.06 acres into 2 lots. This is based on plans stamp dated February 6, 2017, the Staff Report dated February 22, 2017. and the following conditions: 1. Prior to release of the final plat, the proponent shall: A. Sign special assessment agreement for City trunk sewer and water assessment fees. B. Pay deferred assessments and connection fees. 2. Prior to land alteration permit issuance,the proponent shall: A. Submit detailed storm water runoff, utility, and erosion control plans for review and approval by the City Engineer. B. Obtain and provide documentation of Watershed District approval. C. Notify the City and Watershed District 48 hours in advance of grading. D. Install erosion control at the grading limits of the property for review and approval by the City. E. Utilize and implement Best Management Practices in conjunction with construction of the home. Management of the stormwater generated from the driveway and home will need to be managed so that erosion of the slopes does not occur. F. The applicant must file an aeronautical study with the FAA for the proposed development including all construction equipment. 3. Prior to building permit issuance for the property,the proponent shall: A. Pay the appropriate cash park fees. B. Provide recorded copies of any Home Owner Association documents or private covenants and agreements to the City following recording of the final plat. C. Complete the Metropolitan Council Aircraft Noise Compatability Guidelines form for review and approval by Building Inspections. 3 Guide Plan Map: Rockwill Addition Address: 15480 Sunrise Circle East Eden Prairie, MN 55347 111111 IT 111. lli II ------ SUNRISE cCLE O Q I = ami, ..... a 1 __ 2 111 BANYAN \..i M. ---- CR CUS I - SUN ISEeIRe__kEE C N 444 C Y • Ede Ie7 se_ 000- 4 Rural Residential 0.10 Units/Acre Neighborhood Commercial N Low Density Residential 0-2.5 Units/Acre nip Community Commercial Streams 17.7 Low Density/Public/Open Space - Regional Commercial Principal Arterial -A Minor Arterial - Medium Density residential 2.5-10 Units/Acre ®Town Center '•i . $ +;. ,i -B Minor Arterial DATE Approved 03-19-03 DATE Revised 12-06-06 nMedium Density Residential/Office - Park/Open Space —Major Collector DATE Revised 01-07-05 DATE Revised 03-01-07 DATE Revised 11-07-05 DATE Revised 06-01-07 EDEN I High Density Residential 10-40 Units/Acre Public/Quasi-Public DATE Revised 02-23-06 DATE Revised 10-01-07 Minor Collector DATE Revised 03-23-06 DATE Revised 03-01-08 nAirport Golf Course DATE Revised 06-23-06 DATE Revised 03-01-09 Office - Church/Cemetary PRAIRIE Y// Office/Industrial Open WaterFII 'Tea LNE.•WORK•DHEAM 2 Office/Public/Open Space Right-Of-Way _ ,.... .o..m_..„®.o..o.a, . ' 260 130 0 260 Feet - Industrial CICityLimits Zoning Map - Rockwill Addition 15480 Sunrise Circle East Ft_ ...,,i Eden Prairie, MN 55347 i__ _- _It MI Sunrise-circle W jilligglill‘111411111 dill .•:- ■ ■ SITE11111111/ iii i , 1141 .._.iIi4 . I !I \- • will „ilifiripr _„..„.„,,,, .a, S LI111111 111 m "11111111*.i1 v ' ,__ City of Eden Prairie Zoning Map =Rural -Regional Commercial Shoreland Management Classifications N R1-44 One Family-44,000 sf.min. -TC-C I NE I Natural Environment Waters R1-22 One Family-22,000 sf min. -TC-R I RD I Recreational Development Waters R1-13.5 One Family-13,500 sf min. -TC-MU I GD I General Development Waters(Creeks Only) . 1 1 ,f. t R1-9.5 One Family-9,500 sf min. -Industrial Park-2Acre Min, ® 100- Year Floodplain RM-6.5 Multi-Family-6.7 U.P.A.max. ^Industrial Park-5Acre Min. -RM-2.5 Multi-Family-17.4 U.P.A.max.-General Industrial-5 Acre Min. Up dated through approved Ordinances#26-2008 EDEN Office Public Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE Neighborhood Commercial 1-1 GolfCourse Date:March 1,2009 Community Commercial l I Water In case of discrepancy related to a toning classitmaaon on this zoning map,the Ordinance tIVE•WORR•ORERM and attached legal description on file at Eden Paine Ciry Center will prevail. -Highway Commercial l I Right of Way -Regional Service Commercial QCityLimits 0 0.05 0.1 Miles .wa._o...m..=..._..®..g..o.a., ..o...,sa..m ,..,,mo, Aerial Map: Rockwill Addition Preliminary Plat Address: 15480 Sunrise Circle East Eden Prairie, Minnesota 55347 —44 0 t t, it, . ,. ..., _. . . , , . , • , I ... ,,„._ .... ,4,, II _40 .•,.. — .111, lib •,..i. _.. , . r „„.. ... ; ot- pk..1) .. 4v ,.. i ... i t , 4 ram:. .44# 4* .--4 .s, . SUNRISE CIRCLE / a:'2_ , V/a , r E . w `. Y ALMOND i � * .. 4 :� __ , fpt.‘ i A 'ii) , ,' • 40 A - ir-lr", 440., ,, .., ,, -4E? - 4 /7 I. 'BANYAN �' I a ,• _ . , 4, ilk. tip '4,A 1 ' .. ,, , tp, r, : 1-- :,.. ., . . , %. 411p it 1 . ,....., V SUNRISE CIRCLE E •' OCUS F NAM "+� if iViagi ry .11 -- ;I.; . 4t r vrn�•, r. s N P/0A, r..,--- 1 . - ... L. , PIOA/ Nto :N Y .11 POI . '- //PI 0 70 140 280 Feet 1 1 1 I 1 1 1 APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, FEBRUARY 27, 2017 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: Jon Stoltz, John Kirk, Travis Wuttke, Ann Higgins, Charles Weber, Andrew Pieper, Ed Farr, Mark Freiberg, Tom Poul CITY STAFF: Julie Klima, City Planner Rod Rue, City Engineer Matt Bourne, Manager of Parks and Natural Resources Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE — ROLL CALL Chair Stoltz called the meeting to order at 7:00 p.m. Kirk and Wuttke were absent. II. APPROVAL OF AGENDA MOTION: Higgins moved, seconded by Farr, to approve the agenda. Motion carried 7- 0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON FEBRUARY 13, 2017 MOTION: Weber moved, seconded by Pieper, to approve the Planning Commission Minutes. Motion carried 7-0. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS A. ROCKWILL ADDITION Location: 15480 Sunrise Circle East Request for: • Preliminary Plat of one lot into two lots on 1.05 acres PLANNING COMMISSION MINUTES February 27, 2017 Page 2 Jeremy Rock, of 15480 Sunrise Circle East,presented the proposal. He stated they would like to split the property of 1.06 acres into two lots. There is already a home on the southern part of the lot and they would like to build a new home on the other portion of the property. Mr. Rock showed where the new home would be located and stated they would have to remove 4 trees for the driveway. He also stated they have complied with what the City has asked for and are not requesting any waivers. Chair Stoltz asked Klima to review the staff report. Klima said this is a subdivision of property and no waivers are included in this plan. Staff recommendation is for approval. Freiberg asked if there were concerns from the neighbors. Klima said staff has not received any concerns and followed up by stating Mr. Rock did have a neighborhood meeting. Chair Stoltz opened the meeting up for public input. There was no input. MOTION: Weber moved, seconded by Farr, to close the public hearing. Motion carried 7-0. MOTION: Weber moved, seconded by Freiberg, to recommend approval for Preliminary Plat of one lot into two lots on 1.05 acres based on plans stamp dated February 6, 2017 and the information included in the staff report dated February 22, 2017. Motion carried 7-0. VII. PLANNERS' REPORT A. MARCH 7 COUNCIL WORKSHOP Klima said the Commissioners are invited to attend the City Council work session on March 7 in the Heritage Rooms. The topic of discussion will be the Aspire Eden Prairie 2040 Comprehensive Plan update. Dinner will be at 5:00 pm with the work session starting at 5:30. Please RSVP to Lori Creamer by February 28 if you plan on attending. VIII. MEMBERS' REPORT IX. CONTINUING BUSINESS X. NEW BUSINESS XI. ADJOURNMENT MOTION: Weber moved, seconded by Higgins, to adjourn the Planning Commission meeting. Motion carried 7-0. PLANNING COMMISSION MINUTES February 27, 2017 Page 3 Chair Stoltz adjourned the meeting at 7:12 p.m. CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims March 21, 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 252092 - 252348 Wire Transfers 1016409 - 1016548 Wire Transfers 6048 - 6062 Purchasing Card 6048 City of Eden Prairie Council Check Summary 3/21/2017 Division Amount Division Amount 23,590 304 Senior Board 59 100 City Manager 2,219 308 E-911 429 101 Legislative 17,156 309 DWI Forfeiture 11,572 102 Legal Counsel 17,320 315 Economic Development 57,446 110 City Clerk 375 445 Cable PEG 9,331 111 Customer Service 6,228 502 Park Development 97,689 112 Human Resources 45 509 CIP Fund 28,109 113 Communications 10,213 513 CIP Pavement Management 1,250 114 Benefits&Training 647 529 Shady Oak Rd-CR 61 South 334,974 130 Assessing 400 532 EP Road Connect Flying Cloud 8,286 131 Finance 614 802 494 Commuter Services 12,357 132 Housing and Community Services 130 804 100 Year History 353 133 Planning 37,207 Total Capital Projects Fund 561,853 136 Public Safety Communications 2,198 137 Economic Development 35 601 Prairie Village Liquor 97,475 138 Community Development Admin. 1,000 602 Den Road Liquor 181,859 151 Park Maintenance 14,544 603 Prairie View Liquor 123,313 153 Organized Athletics 1,445 605 Den Road Building 1,206 154 Community Center 38,488 701 Water Enterprise Fund 193,491 156 Youth Programs 4,010 702 Wastewater Enterprise Fund 16,076 157 Special Events 275 703 Stormwater Enterprise Fund 10,443 158 Senior Center 3,438 Total Enterprise Fund 623,862 159 Recreation Administration 5,846 160 Therapeutic Recreation 71 803 Escrow Fund 8,967 162 Arts 3,114 806 SAC Agency Fund 9,940 163 Outdoor Center 406 807 Benefits Fund 746,912 168 Arts Center 984 811 Property Insurance 4,975 180 Police 33,110 812 Fleet Internal Service 48,888 184 Fire 28,148 813 IT Internal Service 68,673 186 Inspections 4,376 815 Facilites Operating ISF 36,251 200 Engineering 2,527 816 Facilites City Center ISF 38,242 201 Street Maintenance 6,069 817 Facilites Comm.Center ISF 91,062 202 Street Lighting 16 Total Internal Svc/Agency Fund 1,053,911 Total General Fund 266,244 Report Total 2,566,794 301 CDBG 57,230 312 Recycle Rebate 594 Total Special Revenue Fund 57,824 433 2007A Facility Lease-3rd Rink 3,100 Total Debt Service Fund 3,100 City of Eden Prairie Council Check Register by GL 3/21/2017 Check# Amount Supplier/Explanation Account Description Business Unit Comments 252157 274,301 HEALTHPARTNERS Accounts Receivable Health and Benefits March 2017 Premiums 6057 252,359 ULTIMATE SOFTWARE GROUP,THE Federal Taxes Withheld Health and Benefits Payroll Taxes 252109 219,974 C S MCCROSSAN CONSTRUCTION INC Improvement Contracts Shady Oak Rd-CR 61 South Shady Oak Rd-CR 61 South 6055 162,891 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA 252301 115,000 LSREF4 BISON LLC Right of Way&Easement Shady Oak Rd-CR 61 South Final acquisition pymt for Shady Oak parcel 30 6060 93,213 MINNESOTA DEPT OF REVENUE Sales Tax Payable Historical Culture 252308 93,186 MINGER CONSTRUCTION INC Improvements to Land Park Acquisition&Development 252116 75,748 CLASSIC PROTECTIVE COATINGS,INC Improvement Contracts Water Capital 6048 60,756 US BANK Conference/Training Wasterwater Collection 1016466 57,729 LOGIS LOGIS IT Operating 252346 55,000 WEST HENNEPIN AFFORDABLE HOUSING LAND TR Refunds CDBG-Public Service 1016446 53,962 CENTERPOINT ENERGY SERVICES INC Gas Water Treatment 252177 51,355 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 252145 50,000 FLYING DUTCHMAN SPIRITS LLC Other Contracted Services Economic Development Fund 252297 40,791 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 252193 29,256 MINNESOTA DEPT OF HEALTH Licenses&Taxes Water Treatment 1016449 25,770 DIVERSE BUILDING MAINTENANCE Janitor Service Prairie Village Liquor Store 6059 23,921 EMPOWER Deferred Compensation Health and Benefits 252172 21,518 HOUSEAL LAVIGNE ASSOCIATES Other Contracted Services Planning 252231 20,988 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 1016530 20,622 GREGERSON ROSOW JOHNSON&NILAN LTD Legal Legal Criminal Prosecution 1016528 19,821 DIVERSE BUILDING MAINTENANCE Janitor Service Public Works/Parks 252328 19,241 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 252218 18,710 PRAIRIE PARTNERS SIX LLP Waste Disposal Prairie Village Liquor Store 1016487 18,352 THORPE DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 6058 17,699 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 252305 17,643 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 252142 16,074 FIRE SAFETY USA INC Operating Supplies Fire 252219 15,991 PRAIRIEVIEW RETAIL LLC Other Contracted Services Prairie View Liquor Store 252164 15,222 HENNEPIN COUNTY TREASURER Licenses,Permits,Taxes Capital Impr./Maint.Fund 252293 14,968 HOUSEAL LAVIGNE ASSOCIATES Other Contracted Services Planning 252106 14,788 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie View Liquor Store 252176 13,741 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 252191 13,630 METRO CITIES Dues&Subscriptions City Council 252151 12,736 GRAYMONT Treatment Chemicals Water Treatment 6062 12,357 I-494 CORRIDOR COMMISSION Deposits 494 Corridor Commission 1016537 11,868 MOTOROLA Other Assets Capital Maint.&Reinvestment 252262 11,710 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie View Liquor Store 252267 11,184 CHASE AUTO FINANCE Miscellaneous DWI Forfeiture 252296 10,985 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 252107 10,979 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie Village Liquor Store 6050 10,611 RADIANT SYSTEMS Bank and Service Charges Prairie View Liquor Store 252307 9,841 METROPOLITAN COUNCIL Other Revenue SAC Agency Fund 6049 9,486 SELECT ACCOUNT HSA-Employer Health and Benefits 1016458 8,985 HANSEN THORP PELLINEN OLSON Design&Engineering Park Acquisition&Development 6053 8,720 US BANK-CREDIT CARD MERCHANT ONLY Bank and Service Charges Finance 1016478 8,337 PARROTT CONTRACTING INC Equipment Repair&Maint Water Distribution 1016484 8,286 SRF CONSULTING GROUP INC Design&Engineering EP Rd Connect to Flying Cloud 1016455 8,252 GOVDELIVERY Equipment Repair&Maint Cable PEG Check# Amount Supplier/Explanation Account Description Business Unit Comments 252318 7,954 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 252261 7,595 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie View Liquor Store 1016471 6,654 METRO SALES INCORPORATED* Equipment Rentals IT Operating 1016437 6,381 WENCK ASSOCIATES INC Other Contracted Services Stormwater Non-Capital 252210 6,338 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 1016497 6,262 XCEL ENERGY Electric Prairie Village Liquor Store 1016546 6,046 THORPE DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 1016545 6,009 STREICHERS Clothing&Uniforms Police 6054 5,905 SELECT ACCOUNT HRA Health and Benefits 252239 5,846 UNITED STATES POSTAL SERVICE Postage Community Brochure 1016435 5,838 VAN PAPER COMPANY Repair&Maint.Supplies City Hall-Direct Costs 252098 5,692 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 1016439 5,483 ADVANCED ENGINEERING&ENVIRONMENTAL SE Process Control Services Wastewater Capital 252322 5,458 RETROFIT COMPANIES,INC,THE Supplies-Electrical City Hall-CAM 252344 4,786 VERIZON WIRELESS Other Broadband Internet Park Maintenance 252152 4,766 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Concessions 1016523 4,362 ADVANCED ENGINEERING&ENVIRONMENTAL SE Process Control Services Water Treatment 252174 4,320 INTERTECH INC Contract Development IT Operating 1016459 4,262 HAWIUNS INC Treatment Chemicals Water Treatment 252321 4,231 POSTMASTER Postage Communications 252286 4,222 GRAYMONT Treatment Chemicals Water Treatment 252335 4,148 TASER INTERNATIONAL Training Supplies Police 252185 4,079 LEARN TO SKATE Licenses,Permits,Taxes,Fees Ice Lessons 252130 3,983 DEPT OF EMPLOYMENT/ECONOMIC DEVELOPMENT Interest Economic Development Fund 1016463 3,944 INTERSTATE POWER SYSTEMS INC Equipment Parts Water Supply(Wells) 1016461 3,933 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance 252290 3,880 HD SUPPLY WATERWORKS LTD Equipment Parts Stormwater Non-Capital 1016519 3,786 VAN PAPER COMPANY Cleaning Supplies Fitness/Conference-Cmty Ctr 252229 3,740 SMALL LOT MN Liquor Product Received Prairie Village Liquor Store 252323 3,725 SARAH PIERCE PHOTOGRAPHY Other Contracted Services Communications 252147 3,684 GARELICK STEEL CO INC Equipment Parts Fleet Operating 252299 3,589 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 1016464 3,572 ITRON INC. Maintenance Contracts Water Metering 252167 3,342 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 252160 3,287 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police 1016479 3,228 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical City Hall-CAM 1016524 3,159 ASPEN WASTE SYSTEMS INC. Waste Disposal Fire Station#3 252236 3,123 SUBURBAN CHEVROLET Equipment Repair&Maint Fleet Operating 6052 3,106 SAGE PAYMENT SOLUTIONS Bank and Service Charges Wastewater Accounting 252330 3,100 SPRINGSTED INCORPORATED Other Contracted Services 2007A Facility Lease-3rd Rink 1016508 3,078 LYNDALE PLANT SERVICES Contract Svcs-Int.Landscape City Hall-CAM 252294 3,075 HY-VEE INC Developer Fees Escrow 1016454 3,033 GENUINE PARTS COMPANY Repair&Maint.Supplies Fleet Operating 252320 3,000 POSTAGE BY PHONE RESERVE ACCOUNT Postage Customer Service 1016485 3,000 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Supply(Wells) 252237 2,821 SUBURBAN RATE AUTHORITY Dues&Subscriptions City Council 1016445 2,725 CENTERPOINT ENERGY Gas Wastewater Lift Station 252154 2,688 H&L MESABI Equipment Parts Fleet Operating 252141 2,666 EXPLORER POST 925 Miscellaneous Reserves 252238 2,623 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 252275 2,622 DPC INDUSTRIES INC Treatment Chemicals Water Treatment 252171 2,608 HOTSY MINNESOTA Contract Svcs-Plumbing Public Works/Parks 252345 2,584 VIDEOTRONIX INC Contract Svcs-Security City Center Operations Check# Amount Supplier/Explanation Account Description Business Unit Comments 252289 2,560 H&L MESABI Equipment Parts Fleet Operating 252292 2,528 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 252194 2,415 MINNESOTA POLLUTION CONTROL AGENCY Licenses&Taxes Wasterwater Collection 1016426 2,319 MPX GROUP,THE Printing Police 252198 2,283 MINTAHOE INC Special Event Fees Special Events&Trips 252095 2,253 ALLIED GENERATORS Contract Svcs-Fire/Life/Safe Police City Center 1016423 2,212 INTEREUM INC Supplies-General Bldg Fitness/Conference-Cmty Ctr 6051 2,206 AMERICAN EXPRESS Bank and Service Charges Finance 1016451 2,204 FILTRATION SYSTEMS Supplies-HVAC City Hall-CAM 1016436 2,189 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 252159 2,100 HENNEPIN COUNTY Refunds CDBG-Public Service 252105 2,099 BOUND TREE MEDICAL LLC EMS Supplies-EMS Supplies Fire 252248 2,073 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 252314 2,064 NOKOMIS SHOE SHOP Clothing&Uniforms Facilities Staff 1016521 2,061 WENCK ASSOCIATES INC OCS-Studies Stormwater Non-Capital 252163 2,025 HENNEPIN COUNTY TREASURER Licenses&Taxes Riley House 252268 2,000 CITY OF EDEN PRAIRIE Dues&Subscriptions Fire 252325 1,950 SCOTT COUNTY TREASURER Other Rentals Police 1016507 1,948 GREENSIDE INC Contract Svcs-Snow Removal Fire Station#1 1016494 1,921 WATSON CO INC,THE Merchandise for Resale Concessions 1016492 1,917 VISTAR CORPORATION Merchandise for Resale Concessions 252302 1,908 LUBE-TECH ESI Equipment Repair&Maint Fleet Operating 252144 1,826 FLEET MAINTENANCE INC Equipment Repair&Maint Fleet Operating 252311 1,816 MINTAHOE INC Other Contracted Services Wine Club/Events 252115 1,800 CIRCLE PINES SAUSAGE HAUS INC Other Contracted Services Deer Consultant 252254 1,787 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 1016411 1,780 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie Village Liquor Store 1016440 1,767 A-SCAPE INC Contract Svcs-Snow Removal Den Bldg.-CAM 1016493 1,750 WALL TRENDS INC Contract Svcs-General Bldg Fire Station#2 252272 1,695 CONCEPTS SEATING DIVISION Repair&Maint.Supplies Police City Center 252263 1,610 BROTHERS FIRE PROTECTION Contract Svcs-Fire/Life/Sfty City Hall-CAM 1016531 1,598 HAWKINS INC Treatment Chemicals Water Treatment 252199 1,593 NAC Contract Svcs-Plumbing Fire Station#2 1016496 1,565 WM MUELLER AND SONS INC Gravel Water Distribution 252102 1,562 BERNICK'S WINE Liquor Product Received Prairie Village Liquor Store 252134 1,524 EARL F ANDERSEN INC Signs Traffic Signs 252223 1,509 RETROFIT COMPANIES,INC,THE Supplies-Electrical Garden Room Repairs 252168 1,485 HOIGAARD'S CUSTOM CANVAS Equipment Parts Water Treatment 252207 1,462 PAPCO INC Janitor Service Fitness/Conference-Cmty Ctr 252348 1,451 WORKS COMPUTING INC Other Contracted Services IT Operating 252140 1,430 ENVIRONMENTAL EQUIPMENT&SERVICES Equipment Parts Fleet Operating 252253 1,414 ANDERSON-URLACHER PA Other Contracted Services FF&E-Furn,Fixtures&Equip. 252209 1,410 PAUSTIS&SONS COMPANY Liquor Product Received Prairie Village Liquor Store 252240 1,375 UNIVERSAL ATHLETIC SERVICES INC Awards Softball 1016539 1,300 PRAIRIE ELECTRIC COMPANY Building Repair&Maint. Aquatics Admin. 252101 1,272 BEACON ATHLETICS Operating Supplies Park Maintenance 252149 1,250 GOODPOINTE TECHNOLOGY (C/O ZOOM) Design&Engineering CIP Pavement Management 1016438 1,250 WERNER ELECTRIC SUPPLY CO. Contract Svcs-Pool Pool Maintenance 1016422 1,230 GREENSIDE INC Contract Svcs-Snow Removal Fire Station#1 252166 1,222 HIGHWAY 5 BP Operating Supplies Police 1016413 1,217 BERRY COFFEE COMPANY Merchandise for Resale Concessions 252256 1,200 BAKER Contract Svcs-General Bldg Fire Station#1 252276 1,156 EARL F ANDERSEN INC Signs Traffic Signs Check# Amount Supplier/Explanation Account Description Business Unit Comments 1016456 1,136 GRAINGER Repair&Maint.Supplies City Hall-CAM 1016548 1,129 WINE COMPANY,THE Liquor Product Received Prairie View Liquor Store 1016452 1,087 GARTNER REFRIGERATION&MFG INC Contract Svcs-Ice Rink Ice Arena Maintenance 1016457 1,079 GRANICUS INC Equipment Repair&Maint Cable PEG 1016442 1,053 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 1016469 1,051 MCNEILUS STEEL INC Repair&Maint.Supplies Water Distribution 252264 1,046 BRYAN ROCK PRODUCTS INC Gravel Street Maintenance 252108 1,040 BROTHERS FIRE PROTECTION Contract Svcs-Fire/Life/Safe Public Works/Parks 252312 1,033 NAC Contract Svcs-HVAC City Hall-CAM 1016430 1,030 R&R SPECIALTIES OF WISCONSIN INC Contract Svcs-Ice Rink Ice Arena Maintenance 1016525 1,028 BARR ENGINEERING COMPANY OCS-Monitoring Stormwater Non-Capital 1016520 1,010 VINOCOPIA Liquor Product Received Prairie View Liquor Store 1016510 994 MPX GROUP,THE Printing Communications 252138 988 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Autos Fleet Operating 252182 981 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 252347 977 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 1016529 938 GRAINGER Contract Svcs-HVAC City Hall-CAM 1016427 935 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Operating 252336 930 TGA PREMIER GOLF AND TENNIS Instructor Service Tennis 252232 911 SPIRIT APPAREL AND STUFF Clothing&Uniforms Community Center Admin 252103 905 BLOOMINGTON,CITY OF Kennel Services Animal Control 1016421 863 FASTENAL COMPANY Operating Supplies Fleet Operating 1016476 849 NUCO2 INC Contract Svcs-Pool Pool Maintenance 252291 842 HENNEPIN TECHNICAL COLLEGE Tuition Reimb-College Tuition Fire 252329 833 SPIRIT APPAREL AND STUFF Operating Supplies Fitness Classes 1016415 825 BRAUN INTERTEC CORPORATION Equipment Repair&Maint Stormwater Non-Capital 1016500 823 ASSOCIATED BAG COMPANY Operating Supplies Inspections-Administration 252196 820 MINNESOTA SAFETY SERVICES LLC Instructor Service Pool Lessons 1016481 814 SHI CORP Software IT Operating 252258 800 BERNICK'S WINE Liquor Product Received Prairie View Liquor Store 252117 776 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 252133 766 E A SWEEN COMPANY Merchandise for Resale Concessions 1016538 761 OENO'S DISTRIBUTION Liquor Product Received Prairie Village Liquor Store 1016470 759 MENARDS Operating Supplies Water Treatment 252266 741 CENTURYLINK Telephone Water Treatment 252213 737 PLASTIC BAG MART Liquor Product Received Den Road Liquor Store 252284 727 GLEWWE DOORS INC Ed Center-Supplies City Hall-Direct Costs 252333 727 SUMMIT COMMERCIAL FACILITIES GROUP Contract Svcs-General Bldg Public Works/Parks 252173 726 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 252205 721 ORGANIX SOLUTIONS Waste Disposal City Hall-Direct Costs 1016533 702 LEROY JOB TRUCKING INC Other Contracted Services Animal Control 252327 695 SNAP-ON TOOLS Small Tools Fleet Operating 252249 680 PETTY CASH Mileage&Parking IT Operating 1016432 647 STRONER,ELIZABETH Tuition Reimbursement/School Organizational Services 252242 644 UNIVERSITY OF MINNESOTA Tuition Reimbursement/School Park Maintenance 1016443 627 BIFFS INC Waste Disposal Park Maintenance 1016527 627 BIFFS INC Waste Disposal Park Maintenance 1016428 617 PARK SUPPLY OF AMERICA INC Supplies-Plumbing Senior Center 1016522 603 YOUNGSTEDTS COLLISION CENTER Equipment Repair&Maint Fleet Operating 252326 600 SMALL LOT MN Liquor Product Received Prairie View Liquor Store 252233 591 STAPLES ADVANTAGE Office Supplies Customer Service 252162 582 HENNEPIN COUNTY I/T DEPT Equipment Repair&Maint Public Safety Communications 1016465 579 LOCATORS&SUPPLIES INC Asphalt Overlay Street Maintenance Check# Amount Supplier/Explanation Account Description Business Unit Comments 1016498 571 ZIEGLER INC Equipment Parts Fleet Operating 252278 562 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Autos Fleet Operating 252113 555 CINTAS CORPORATION Safety Supplies Community Center Admin 252170 554 HOPKINS SCHOOL DISTRICT ISD270 Fiber Lease Payments IT Operating 6061 550 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 252188 537 MASTER CRAFT LABELS INC Signs Prairie Village Liquor Store 252148 529 GENERAL OFFICE PRODUCTS COMPANY Supplies-General Bldg Police City Center 252257 517 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 1016516 508 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie View Liquor Store 1016429 492 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 1016486 486 STAR TRIBUNE MEDIA COMPANY LLC Dues&Subscriptions Communications 252211 481 PITNEY BOWES Postage Customer Service 252110 480 CALIFORNIA CONTRACTORS SUPPLIES INC Operating Supplies Water Distribution 252339 478 TNC INDUSTRIES INC Supplies-General Bldg Fire Station#1 252300 463 LINDSTROM RESTORATION Other Contracted Services Police 1016425 462 METROPOLITAN FORD Equipment Parts Fleet Operating 1016495 460 WINE COMPANY,THE Liquor Product Received Prairie Village Liquor Store 252295 458 JAMAR TECHNOLOGIES INC Equipment Parts Fleet Operating 1016448 438 DAIK N APPLIED Contract Svcs-HVAC City Hall-CAM 252114 409 CINTAS CORPORATION #470 Cleaning Supplies Utility Operations-General 1016447 406 CONCRETE CUTTING&CORING INC Landscape Materials/Supp Street Maintenance 252183 405 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 1016535 397 MENARDS Equipment Parts Police City Center 1016514 393 QUALITY PROPANE Motor Fuels Fleet Operating 252111 389 CAPREF EDEN PRAIRIE LLC Building Rental Housing and Community Service 252112 382 CENTURYLINK Telephone IT Telephone 252250 367 ADESA MPLS Miscellaneous DWI Forfeiture 252303 366 MACQUEEN EQUIPMENT INC Equipment Repair&Maint Wasterwater Collection 1016433 363 SWANK MOTION PICTURES INC Special Event Fees Pool Operations 1016534 361 MCNEILUS STEEL INC Repair&Maint.Supplies Water Distribution 252137 360 EDINA,CITY OF Other Contracted Services Communications 252287 358 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store 1016416 356 BUSINESS ESSENTIALS Office Supplies Utility Operations-General 252215 352 POLLARD WATER Small Tools Water Distribution 1016417 351 CHEMSEARCH Contract Svcs-Ice Rink Ice Arena Maintenance 6056 350 ULTIMATE SOFTWARE GROUP,THE Garnishment Withheld Health and Benefits 252096 350 AMK RESEARCH SERVICES,LLC Other Contracted Services Senior Center Programs 252269 339 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 1016541 339 SHERWIN WILLIAMS Repair&Maint.Supplies Park Maintenance 1016475 327 NORTH CENTRAL LABORATORIES Laboratory Chemicals Water Treatment 252340 320 TOMASSEN DUNCAN Reimbursement-legal notices Escrow 1016505 316 FASTENAL COMPANY Operating Supplies Fleet Operating 252251 314 AERO DRAPERY AND BLIND Contract Svcs-Gener Fire Station#4 252104 313 BLUE TARP FINANCIAL INC Operating Supplies Outdoor Center 252197 310 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Traffic Signals 1016441 307 BANK BEER CO Liquor Product Received Prairie View Liquor Store 1016502 304 BERRY COFFEE COMPANY Merchandise for Resale Concessions 252100 302 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 252246 297 WATER CONSERVATION SERVICES INC Other Contracted Services Water Distribution 252228 293 SIGNSOURCE Printing Pool Lessons 252153 289 GYM WORKS Equipment Repair&Maint Fitness Center 252265 288 CANNON RIVER WINERY Liquor Product Received Prairie View Liquor Store 252180 285 LAFFOND,SHANNON Refunds Water Conservation Check# Amount Supplier/Explanation Account Description Business Unit Comments 252282 284 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance 252243 276 UNIVERSITY OF MINNESOTA Conference/Training Street Maintenance 252283 275 FUNTIME FUNKTIONS LLC Other Contracted Services Special Initiatives 1016460 274 HD SUPPLY FACILITIES MAINTENANCE Repair&Maint.Supplies Facilities Staff 252252 270 ANDERSON KELLY Other Contracted Services Fire 252317 268 PAUSTIS&SONS COMPANY Liquor Product Received Den Road Liquor Store 1016418 259 CLAREY'S SAFETY EQUIPMENT Safety Supplies Prairie Village Liquor Store 252338 259 TIMBERWALL LANDSCAPE&MASONRY PRODUCTS Repair&Maint.Supplies Community Center 1016501 254 BATTERIES PLUS Supplies-Electrical Outdoor Center Facilities 252324 253 SCHERER BROTHERS LUMBER CO Equipment Repair&Maint Park Maintenance 1016513 252 PROSOURCE SUPPLY Supplies-Plumbing Fitness/Conference-Cmty Ctr 252226 250 SENSIBLE LAND USE COALITION Dues&Subscriptions City Council 252136 249 EDEN PRAIRIE ROTARY CLUB Miscellaneous Administration 252161 243 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Waste Disposal Fleet Operating 1016490 240 ULINE Office Supplies Police 1016468 223 MATHESON TRI-GAS INC Operating Supplies Fleet Operating 252244 220 URBAN LAND INSTITUTE Dues&Subscriptions City Council 252334 218 SUNBURST CHEMICALS INC Supplies-Garden Room Garden Room Repairs 1016526 214 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 252222 212 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie Village Liquor Store 252260 211 BOURGET IMPORTS Liquor Product Received Prairie View Liquor Store 1016480 211 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating 252094 210 ACCELERATED TECHNOLOGIES LLC Equipment Repair&Maint Fitness Center 252122 203 COMCAST Cable TV Fire 252331 203 STAPLES ADVANTAGE Office Supplies Customer Service 1016542 202 SHERWIN WILLIAMS CO Repair&Maint.Supplies Park Maintenance 252135 200 EDEN PRAIRIE CHAMBER OF COMMERCE Miscellaneous Administration 252146 199 G&K SERVICES-MPLS INDUSTRIAL Operating Supplies Park Maintenance 252255 198 ASPEN MILLS Clothing&Uniforms Reserves 1016474 189 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store 252165 189 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning 1016462 179 IDENTISYS Equipment Repair&Maint Public Safety Communications 1016504 175 BUSINESS ESSENTIALS Office Supplies Utility Operations-General 252186 173 LEIGH SARAH Operating Supplies Winter Theatre 252279 166 ENKI BREWING COMPANY INC Liquor Product Received Den Road Liquor Store 1016499 165 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie View Liquor Store 252245 160 WACONIA BREWING COMPANY Liquor Product Received Prairie View Liquor Store 1016419 152 CUSTOM HOSE TECH Equipment Parts Fleet Operating 252187 152 MAPLEGLEN RENOVATION INC Operating Supplies Concessions 252132 150 DISTRICT 112 Employment Advertising Community Center Admin 252200 150 NATIONAL TACTICAL OFFICERS ASSOCIATION Dues&Subscriptions Police 1016532 148 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance 252341 146 TRANSUNION RISK&ALTERNATIVE DATA Other Contracted Services Police 252124 146 COMCAST Equipment Repair&Maint E-911 Program 1016477 145 OSI BATTERIES INC Office Supplies Customer Service 252214 140 PLEAA Training Supplies Police 1016509 137 METROPOLITAN FORD Equipment Parts Fleet Operating 1016491 128 VIKING ELECTRIC SUPPLY Supplies-Electrical City Center Operations 252227 125 SHRED RIGHT Waste Disposal City Center Operations 252288 124 GUNDERSON JESSICA Deposits-P&R Refunds Community Center Admin 1016506 121 FLEETPRIDE INC Equipment Parts Fleet Operating 252143 121 FLAGSHIP RECREATION Equipment Repair&Maint Park Maintenance 252118 120 COLORADO TIME SYSTEMS Operating Supplies Pool Operations Check# Amount Supplier/Explanation Account Description Business Unit Comments 252285 114 GRAPE BEGINNINGS Liquor Product Received Den Road Liquor Store 252150 110 GRAPE BEGINNINGS Liquor Product Received Den Road Liquor Store 252195 110 MINNESOTA POLLUTION CONTROL AGENCY Licenses&Taxes Wasterwater Collection 252201 110 NOKOMIS SHOE SHOP Clothing&Uniforms Inspections-Administration 252120 110 COMCAST Cable TV Fire 1016547 106 TOWMASTER INC Equipment Parts Fleet Operating 252274 105 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 252097 100 ANISH MANI ALIAS Refunds Water Conservation 252155 100 HAMILTON SHELLEY Refunds Water Conservation 252156 100 HASSELBLAD BEN Refunds Water Conservation 252158 100 HELLER,THOMAS Refunds Water Conservation 252178 100 JOHNSON SUZANNE Refunds Water Conservation 252221 100 RAUSCH JACKIE Refunds Water Conservation 252225 100 SCW WIM INC Licenses,Permits,Taxes,Fees Fitness Classes 252273 100 DARAVINGAS,VASILIOS Refunds Water Conservation 1016453 92 GEMPLER'S Safety Supplies Water Treatment 252125 92 COMCAST Cable TV Fire 252306 90 MATTSON GARY AR Utility Water Enterprise Fund 252309 90 MINNESOTA POST BOARD Licenses&Taxes Police 1016511 90 PARK SUPPLY OF AMERICA INC Supplies-Plumbing Senior Center 252315 85 OLSEN'S EMBROIDERY/COMPANY Safety Supplies Park Maintenance 252241 85 UNIVERSITY OF MINNESOTA Conference/Training Engineering 252316 84 PAPCO INC Janitor Service Fitness/Conference-Cmty Ctr 252204 82 OMEGA INDUSTRIES Operating Supplies Park Maintenance 1016489 81 TWIN CITY FILTER SERVICE INC Building Repair&Maint. Utility Operations-General 1016434 81 TOLL GAS AND WELDING SUPPLY Equipment Parts Fleet Operating 1016450 79 ECM PUBLISHERS INC Advertising Community Center Admin 252206 75 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire 252281 74 FIRST STATE TIRE RECYCLING Waste Disposal Fleet Operating 1016544 73 STERICYCLE INC Other Contracted Services Police 1016420 73 DAILEY DATA&ASSOCIATES Other Hardware Prairie Village Liquor Store 252212 72 PK BLOODY MARY CORP Liquor Product Received Den Road Liquor Store 252127 72 COMCAST Cable TV Fire 1016543 72 STAR TRIBUNE MEDIA COMPANY LLC Dues&Subscriptions Utility Operations-General 252337 71 THREE RIVERS PARK DISTRICT Other Contracted Services New Adaptive 252230 70 SNAP-ON TOOLS Small Tools Fleet Operating 252343 68 UNIFORMS UNLIMITED Clothing&Uniforms Police 252208 66 PARK SUNG Deposits-P&R Refunds Community Center Admin 1016467 66 LYNN PEAVEY COMPANY Office Supplies Police 1016472 62 MOOD MEDIA Other Contracted Services Prairie Village Liquor Store 1016536 62 MOOD MEDIA Other Contracted Services Prairie Village Liquor Store 252310 62 MINNESOTA WANNER COMPANY Equipment Parts Snow&Ice Control 252220 62 PROP Deposits-P&R Refunds Community Center Admin 1016512 60 PORTA,KITTY Mileage&Parking City Clerk 252092 60 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 1016540 59 PRIORITY COURIER EXPERTS Equipment Parts Fleet Operating 252131 58 DIRECTV Other Contracted Services Police 252203 55 OLSEN CHAIN&CABLE Equipment Repair&Maint Park Maintenance 1016517 54 SITEONE LANDSCAPE SUPPLY,LLC Equipment Repair&Maint Park Maintenance 252126 53 COMCAST Other Broadband Internet IT Operating 1016424 51 KRUEGER,MARK Operating Supplies Reserves 1016515 51 SAMIDE,RAY Mileage&Parking Skating Rinks/Warming Houses 252169 50 HOLLY JOY Refunds Water Conservation Check# Amount Supplier/Explanation Account Description Business Unit Comments 252189 50 MAUSER DAVID Refunds Water Conservation 252190 50 MCFOA Miscellaneous City Clerk 252280 50 FBI-LEEDA Dues&Subscriptions Police 252179 50 KEEPRS INC. Clothing&Uniforms Reserves 1016410 45 AMERICAN SOLUTIONS FOR BUSINESS Operating Supplies Senior Board 1016431 44 STAAF,CARTER Clothing&Uniforms Police 252298 40 KEEPRS INC. Clothing&Uniforms Police 1016518 40 TOLL GAS AND WELDING SUPPLY Equipment Parts Fleet Operating 1016503 37 BOHNSACK,SUE Mileage&Parking Senior Center Admin 1016414 36 BOHNSACK,SUE Mileage&Parking Senior Center Admin 252139 35 ENGINEERING MINNESOTA MAGAZINE Dues&Subscriptions Engineering 252277 35 EDEN PRAIRIE CHAMBER OF COMMERCE Conference/Training Economic Development 252304 30 MAGC Tuition Reimbursement/School Police 252202 29 OFFICE OF MN IT SERVICES Other Contracted Services Police 1016482 28 SPRINT Pager&Cell Phone IT Operating 1016483 28 SPRINT Pager&Cell Phone IT Operating 252270 27 COMCAST Other Contracted Services Police 252319 27 PIRTEK PLYMOUTH Repair&Maint.Supplies Wasterwater Collection 1016488 27 TOWMASTER INC Equipment Parts Fleet Operating 1016444 27 BOYER TRUCKS Equipment Parts Fleet Operating 1016473 27 MOTOROLA Equipment Repair&Maint Public Safety Communications 252175 25 IPMA-HR MN Dues&Subscriptions Human Resources 252235 25 STATE OF MINNESOTA DEPT OF PUBLIC SAFETY Licenses&Taxes Fleet Operating 252181 24 LANO EQUIPMENT INC Equipment Parts Fleet Operating 252099 22 AT&T MOBILITY Pager&Cell Phone Park Maintenance 252234 21 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 252184 20 LEAGUE OF MINNESOTA CITIES Conference/Training Human Resources 252128 20 CUB FOODS EDEN PRAIRIE Operating Supplies Reserves 252119 18 COMCAST Cable TV Fire 252121 16 COMCAST Cable TV Fire 252123 16 COMCAST Cable TV Fire 252093 15 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 252192 13 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance IT Operating 252247 11 WAYTEK INC Equipment Parts Fleet Operating 252216 11 POWER UP PRODUCTS LLC Merchandise for Resale Concessions 252342 10 TRUEMPI,SHIRLEY Deposits-P&R Refunds Community Center Admin 252217 9 PRAIRIE LAWN AND GARDEN Equipment Repair&Maint Park Maintenance 1016412 9 BATTERIES PLUS Operating Supplies Prairie Village Liquor Store 252271 5 COMCAST Cable TV Fire 252129 3 DB SHOGER&ASSOCIATES LLC Small Tools Fleet Operating 2,566,794 Grand Total City of Eden Prairie Purchasing Card Payment Report 3/21/2017 Amount Explanation Vendor Account Description Business Unit 3,335 US-LS wine club 4IMPRINT Operating Supplies Wine Club/Events 2,364 US-Dec 2016 Bldg Surchgs DEPT OF LABOR&INDUSTRY Building Surcharge General Fund 2,300 US-R Gulden-Bobbitt trng JOHN E REID&ASSOCIATES Tuition Reimbursement/School Police 1,796 US-tvs for pd AMAZON.COM Repair&Maint.Supplies Police City Center 1,643 US-MN State arts board TRIARCO Operating Supplies Arts 1,485 US-yearly web fee BASELINE INC Other Contracted Services Park Maintenance 1,477 US-concessions license HENNEPIN COUNTY TREASURER Licenses,Permits,Taxes,Fees Pool Operations 1,180 US-training NATIONAL LEAGUE OF CITIES Conference/Training Administration 1,180 US-lift station ups BEST BUY Equipment Parts Wastewater Lift Station 1,069 US-accounts for fire dept ACTIVE 911 INC Other Contracted Services Fire 1,019 US-parts/equip MAGPUL INDUSTRIES Operating Supplies Police 866 US-new engine for mower SMALL ENGINE WAREHOUSE Equipment Parts Fleet Operating 850 US-new world conf CONNECT Conference/Training IT Operating 823 US-concessions license HENNEPIN COUNTY TREASURER Licenses,Permits,Taxes,Fees Concessions 805 US-training APA MINNESOTA Conference/Training Community Development Admin. 723 US-draft inducer assembly MMS Repair&Maint.Supplies Fitness/Conference-Cmty Ctr 715 US-training for operators MN AWWA Tuition Reimbursement/School Water Treatment 700 US-software maint. MAGNET FORENSICS Equipment Repair&Maint IT Operating 700 US-nat'l fire instructors conf FDIC Conference/Training Fire 627 US-T Groves Trng LIFELINE TRAINING LTD Tuition Reimbursement/School Police 594 US-IC#15-5915 LOQI LLC Operating Supplies Recycle Rebate 590 US-training NATIONAL LEAGUE OF CITIES Conference/Training Administration 584 US-new world conf DELTA AIR Conference/Training IT Operating 497 US-Feb license SCW WIM INC Licenses,Permits,Taxes,Fees Fitness Classes 491 US-IWCE SUN COUNTRY Conference/Training Public Safety Communications 484 US-Sackett New World conf DELTA AIR Conference/Training Police 484 US-Wyffels New world conf DELTA AIR Conference/Training Police 484 US-Vik new world conf DELTA AIR Conference/Training Police 470 US-h20 fit belts and gloves SWIMOUTLET.COM Capital Under$25,000 Fitness Classes 445 US-Dec 2016 Bldg Surchgs DEPT OF LABOR&INDUSTRY Mechanical Surcharge General Fund 438 US-#420 shop supplies MENARDS Small Tools Park Maintenance 425 US-aicp exam registration nova APA MINNESOTA Dues&Subscriptions Planning 421 US-concessions license HENNEPIN COUNTY TREASURER Licenses,Permits,Taxes,Fees Round Lake 410 US-ICC membership DJCS INTERNATIONAL CODE COUNCIL Dues&Subscriptions Inspections-Administration 407 US-socks for 30 day SOCK GUY Operating Supplies Fitness Classes 405 US-IWCE VEGAS.COM Conference/Training Public Safety Communications 393 US-MN State arts board TRIARCO Operating Supplies Arts 386 US-ice cleats for staff AMAZON.COM Safety Supplies Park Maintenance 380 US-annual conf-S Kotchevar GOVERNMENT FINANCE OFFICERS AS Dues&Subscriptions Finance 365 US-training MCFOA Conference/Training City Clerk 360 US-parts/equip MAGPUL INDUSTRIES Operating Supplies Police 334 US-IABC membership N Wagner IABC Dues&Subscriptions Communications 329 US-H Schenck trng LIFELINE TRAINING LTD Tuition Reimbursement/School Police 320 US-ceam conf UNIVERSITY OF MINNESOTA Conference/Training Engineering 305 US-D Modrow caem UNIVERSITY OF MINNESOTA Conference/Training Engineering 305 US-R Newton ceam UNIVERSITY OF MINNESOTA Conference/Training Engineering Amount Explanation Vendor Account Description Business Unit 305 US-M Krause ceam UNIVERSITY OF MINNESOTA Conference/Training Engineering 300 US-3 elevator permits DEPT OF LABOR&INDUSTRY Building Repair&Maint. Utility Operations-General 299 US-training SKILLPATH SEMINARS Conference/Training Fleet Operating 297 US-foam rollers OPTP Capital Under$25,000 Fitness Center 294 US-gateway fees NCR SPECIALTY Bank and Service Charges Prairie Village Liquor Store 294 US-quartermaster PRO-LOK PRODUCTS Operating Supplies Police 290 US-Carrane ICC conf INTERNATIONAL CODE COUNCIL Conference/Training Fire 290 US-buchanan icc conf INTERNATIONAL CODE COUNCIL Conference/Training Fire 276 US-seminar-ottne INTERNATIONAL CODE COUNCIL Conference/Training Inspections-Administration 276 US-seminar-Kragness INTERNATIONAL CODE COUNCIL Conference/Training Inspections-Administration 276 US-seminar-Fadden INTERNATIONAL CODE COUNCIL Conference/Training Inspections-Administration 276 US-Seminar-Stockwell INTERNATIONAL CODE COUNCIL Conference/Training Inspections-Administration 276 US-seminar-Schmieg INTERNATIONAL CODE COUNCIL Conference/Training Inspections-Administration 276 US-seminar-ottne INTERNATIONAL CODE COUNCIL Conference/Training Inspections-Administration 269 US-30 day fitness stickers 4IMPRINT Operating Supplies Fitness Classes 269 US-quartermaster AMAZON.COM Operating Supplies Police 268 US-IAAI conf PAYPAL INC Conference/Training Fire 268 US-IAAI conf PAYPAL INC Conference/Training Fire 268 US-Trng PAYPAL INC Tuition Reimbursement/School Police 257 US-remote controls POOL SUPPLY Repair&Maint.Supplies Pool Maintenance 250 US-annual subscription SURVEYMONKEY.COM Dues&Subscriptions Fire 245 US-mic clips for station AMAZON.COM Equipment Repair&Maint Public Safety Communications 243 US-gym equip AMAZON.COM Equipment Repair&Maint Police 240 US-parts/equip MAGPUL INDUSTRIES Operating Supplies Police 236 US-quartermaster AMAZON.COM Operating Supplies Police 235 US-code books for fire INTERNATIONAL CODE COUNCIL Dues&Subscriptions Fire Inspections Admin 231 US-watercolor supplies BLICK ART MATERIALS Operating Supplies Arts Center 230 US-new printer front desk AMAZON.COM Process Control Equipment IT Operating 229 US-monthly billing NIMBLE SCHEDULE Other Contracted Services Community Center Admin 228 US-supplies MENARDS Repair&Maint.Supplies Park Maintenance 225 US-Council food DAVANNI'S PIZZA Miscellaneous City Council 222 US-bank service charge PLUG N PAY Bank and Service Charges Community Center Admin 215 US-bookshelves IKEA Operating Supplies Arts Center 212 US-ballistic helmets BOTACH TACTICAL Operating Supplies Police 210 US-J Pike continuing ed MAAO Conference/Training Assessing 210 US-gateway fees NCR SPECIALTY Bank and Service Charges Den Road Liquor Store 206 US-shop supplies HOME DEPOT CREDIT SERVICES Small Tools Utility Operations-General 204 US-monitor Jeff C CDW GOVERNMENT INC. Office Supplies Park Maintenance 202 US-Dec 2016 Bldg Surchgs DEPT OF LABOR&INDUSTRY Plumbing Surcharge General Fund 200 US-honor guard activities MILWAUKEE HONOR GUARD Conference/Training Fire 200 US-training UNIVERSITY OF MINNESOTA Conference/Training Street Maintenance 200 US-pd dance ORIENTAL TRADING Operating Supplies Special Events&Trips 199 US-P Schlueter trng PAYPAL INC Conference/Training Fleet Operating 195 US-motion detector outdoor ctr CLOSED CIRCUIT SPECIALISTS INC Equipment Repair&Maint Public Safety Communications 191 US-food for cpr class CRUMB GOURMET DELI Training Supplies Utility Operations-General 190 US-quartermaster AMAZON.COM Operating Supplies Police 185 US-J Pike continuing ed MAAO Conference/Training Assessing 181 US-trip HISTORY THEATRE Special Event Fees Trips 176 US-science museum tickets SCIENCE MUSEUM OF MINNESOTA Special Event Fees Trips 170 US-itinerant license HENNEPIN COUNTY TREASURER Licenses,Permits,Taxes,Fees Senior Center Programs Amount Explanation Vendor Account Description Business Unit 168 US-tools MENARDS Small Tools Water Distribution 164 US-front desk reference calend AMAZON.COM Operating Supplies Community Center Admin 161 US-apple tv station 4 BEST BUY Operating Supplies Fire 161 US-ipad app for fire ITUNES STORE Equipment Repair&Maint Fire 158 US-gateway fees NCR SPECIALTY Bank and Service Charges Prairie View Liquor Store 158 US-bank service charge PLUG N PAY Bank and Service Charges Community Center Admin 154 US-quartermaster AMAZON.COM Operating Supplies Police 151 US-office supplies OFFICEMAX CREDIT PLAN Operating Supplies Community Center Admin 150 US-registration-3 IFMA Conference/Training Facilities Staff 150 US-garden conf ARBORETUM Conference/Training Youth Programs Admin 150 US-fire school manuals MN STATE COLLEGES&UNIVERSITI Conference/Training Fire 150 US-quartermaster LASER LABS INC Operating Supplies Police 148 US-watercolor supplies BLICK ART MATERIALS Operating Supplies Arts Center 145 US-ICC conf albers INTERNATIONAL CODE COUNCIL Conference/Training Fire 145 US-svoboda icc conf INTERNATIONAL CODE COUNCIL Conference/Training Fire 139 US-dump truck side board MENARDS Repair&Maint.Supplies Water Distribution 133 US-pesticide books UNIVERSITY OF MINNESOTA Operating Supplies Park Maintenance 133 US-repair STORMS WELDING&MFG INC. Repair&Maint.Supplies Water Distribution 129 US-sign holders-2 GEORGE PATTON ASSOC Capital Under$25,000 Fitness Center 129 US-shop tools PAYPAL INC Small Tools Water Distribution 125 US-CUE's-tech license PLT SERVICES Tuition Reimbursement/School Park Maintenance 125 US-costumes PAYPAL INC Clothing&Uniforms Winter Theatre 125 US-costumes PAYPAL INC Clothing&Uniforms Winter Theatre 125 US-DOT inspection stickers MINNESOTA STATE PATROL Equipment Testing/Cert. Fleet Operating 121 US-tail lamp assembly ROCK AUTO Equipment Parts Fleet Operating 121 US-shop supplies MENARDS Repair&Maint.Supplies Wasterwater Collection 117 US-uniforms SWIMOUTLET.COM Clothing&Uniforms Pool Lessons 114 US-MN State arts board TRIARCO Operating Supplies Arts 113 US-green expo lunch COWBOY JACKS Operating Supplies Park Maintenance 112 US-C Staff lodging SLEEP INN&SUITES Tuition Reimbursement/School Police 110 US-APA conf APA MINNESOTA Conference/Training Planning 107 US-LTS name tags OFFICE DEPOT CREDIT PLAN Operating Supplies Ice Lessons 100 US-public service seminar-2 HAMLINE UNIV PROF DEVELOPMENT Tuition Reimbursement/School Water Treatment 100 US-fire library ON A MISSION LLC Training Supplies Fire 100 US-IAAI dues Albers IAAI Dues&Subscriptions Fire 100 US-Buchanan IAAI dues IAAI Dues&Subscriptions Fire 100 US-IAAI IAAI Dues&Subscriptions Fire 99 US-leadership class HENNEPIN TECHNICAL COLLEGE Conference/Training Community Development Admin. 99 US-air purifier/batteries AMAZON.COM Operating Supplies Fitness Classes 96 US-battery tender AMAZON.COM Equipment Parts Fleet Operating 93 US-office supplies AMAZON.COM Operating Supplies Outdoor Center 91 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 90 US-MN State arts board TRIARCO Operating Supplies Arts 90 US-toner cartridges AMAZON.COM Process Control Equipment IT Operating 89 US-toner cartridges AMAZON.COM Process Control Equipment IT Operating 85 US-supplies MENARDS Cleaning Supplies Utility Operations-General 85 US-FBINAA Morrow FBINAA Dues&Subscriptions Police 85 US-FBINAA DeMann FBINAA Dues&Subscriptions Police 85 US-FBINAA Weber FBINAA Dues&Subscriptions Police 83 US-first aid supplies NORTHERN SAFETY AND INDUSTRIAL Office Supplies Customer Service Amount Explanation Vendor Account Description Business Unit 81 US-food for officers-human tra GINA MARIAS INC Operating Supplies Police 80 US-emt Zaffi NATIONAL REGISTRY OF EMTS Dues&Subscriptions Fire 80 US-emt J Schneider NATIONAL REGISTRY OF EMTS Dues&Subscriptions Fire 80 US-fitness EPCC YLIGHTING Repair&Maint.Supplies Fitness/Conference-Cmty Ctr 80 US-NR EMT test NATIONAL REGISTRY OF EMTS Dues&Subscriptions Fire 79 US-parts/equip CHART INDUSTRIES Repair&Maint.Supplies Ice Arena Maintenance 78 US-food BYERLYS Tuition Reimbursement/School Police 76 US-LS POS display ECARD SYSTEMS Operating Supplies Wine Club/Events 75 US-jira software ATLASSIAN Equipment Repair&Maint Fire 75 US-blades ROCKLER WOODWORKING&HARDWARE Equipment Repair&Maint Senior Center Programs 73 US-B Carlston sling LA POLICE GEAR Operating Supplies Police 71 US-sunshine fund TLF ELAINES FLOWERS AND GIFTS Deposits Escrow 71 US-printer drum LS1 AMAZON.COM Process Control Equipment IT Operating 70 US-30 day prizes WALMART COMMUNITY Operating Supplies Fitness Classes 70 US-heat lamp WEBSTAURANT STORE Repair&Maint. Supplies Garden Room Repairs 68 US-bags for clay studio ULINE Operating Supplies Arts Center 68 US-staff trng DAVANNI'S PIZZA Operating Supplies Community Center Admin 64 US-frame MICHAELS-THE ARTS&CRAFTS S Operating Supplies Fire 63 US-9v batteries AMAZON.COM Operating Supplies Fitness Classes 62 US-supplies MENARDS Equipment Repair&Maint Round Lake 60 US-workshop WOMEN IN LEISURE SERVICES Conference/Training Arts Center 60 US-development workshop WOMEN IN THE FIRE SERVICE INC Conference/Training Aquatics Admin. 60 US-membership renewal-Wilson GOVERNMENT FINANCE OFFICERS AS Dues&Subscriptions Finance 60 US-dues UNIVERSITY OF MINNESOTA Dues&Subscriptions Engineering 60 US-dues UNIVERSITY OF MINNESOTA Dues&Subscriptions Engineering 60 US-dues UNIVERSITY OF MINNESOTA Dues&Subscriptions Engineering 60 US-dues UNIVERSITY OF MINNESOTA Dues&Subscriptions Engineering 60 US-development workshop WOMEN IN THE FIRE SERVICE INC Conference/Training Youth Programs Admin 60 US-workshop WOMEN IN LEISURE SERVICES Conference/Training Community Center Admin 60 US-boards for clay studio AMAZON.COM Operating Supplies Arts Center 59 US-rock on ice supplies WALMART COMMUNITY Operating Supplies Skating Rinks/Warming Houses 59 US-prezi subscription PREZI INC Dues&Subscriptions Police 59 US-café food LIL ORBITS Merchandise for Resale Concessions 58 US-rock on ice supplies AMAZON.COM Operating Supplies Skating Rinks/Warming Houses 57 US-pool thermometer AMAZON.COM Operating Supplies Pool Operations 56 US-suckers for swimming lesson AMAZON.COM Operating Supplies Pool Lessons 55 US-quartermaster AMAZON.COM Operating Supplies Police 55 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 54 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 54 US-costume PAYPAL INC Clothing&Uniforms Winter Theatre 53 US-toner front desk AMAZON.COM Process Control Equipment IT Operating 53 US-leadership summit EVENTBRITE Conference/Training Communications 53 US-stationl data room AMAZON.COM Equipment Repair&Maint Public Safety Communications 51 US-leadership resources AMAZON.COM Operating Supplies Youth Programs Admin 51 US-MN State arts board TRIARCO Operating Supplies Arts 50 US-sunshine fund BACHMANS CREDIT DEPT Deposits Escrow 50 US-conservation commission SAVOY PIZZA Miscellaneous Planning 50 US-critter food PETCO Operating Supplies Outdoor Center 50 US-ads for arts in the park MIDWEST ART FAIRS Advertising Theatre Initiative 50 US-license fee DEPT OF LABOR&INDUSTRY Licenses,Permits,Taxes,Fees Facilities Staff Amount Explanation Vendor Account Description Business Unit 50 US-dues FBI-LEEDA Dues&Subscriptions Police 50 US-wall mounts for tv's AMAZON.COM Repair&Maint.Supplies Police City Center 48 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 47 US-storage for art ctr TARGET Operating Supplies Arts Center 47 US-critter food PETCO Operating Supplies Outdoor Center 46 US-toner cartridges AMAZON.COM Process Control Equipment IT Operating 46 US-sunshine fund BACHMANS CREDIT DEPT Deposits Escrow 45 US-stop watch/ball pump AMAZON.COM Operating Supplies Broomball 45 US-food PANERA BREAD Tuition Reimbursement/School Police 45 US-food PANERA BREAD Tuition Reimbursement/School Police 45 US-food PANERA BREAD Tuition Reimbursement/School Police 45 US-costume PAYPAL INC Clothing&Uniforms Winter Theatre 45 US-expo NORTHERN GREEN EXPO Conference/Training Fleet Operating 45 US-ipad accessory AMAZON.COM Computers IT Operating 43 US-fuel filter AMAZON.COM Equipment Parts Fleet Operating 42 US-supplies-café VALLEY POPCORN Operating Supplies Concessions 42 US-shipping FEDEX Equipment Repair&Maint Police 41 US-costumes PROP SHOP/EDEN PRAIRIE&TITLE Operating Supplies Winter Theatre 40 US-pa system B&H PHOTO Repair&Maint. Supplies City Center Operations 40 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 39 US-folders for art classes OFFICE DEPOT CREDIT PLAN Operating Supplies Arts Center 38 US-costume PAYPAL INC Clothing&Uniforms Winter Theatre 37 US-food on dig DOMINO'S PIZZA Repair&Maint. Supplies Water Distribution 37 US-utility cart IKEA Operating Supplies Arts Center 36 US-batteries WALGREEN'S#5080 Operating Supplies Fitness Classes 36 US-quartermaster AMAZON.COM Operating Supplies Police 35 US-job posting CRAIGSLIST Advertising Community Center Admin 35 US-ACA webinar AMERICAN CAMPING ASSOCIATION Conference/Training Youth Programs Admin 35 US-C Lundgren trng UNIVERSITY OF MINNESOTA Conference/Training Engineering 35 US-costume PAYPAL INC Clothing&Uniforms Winter Theatre 34 US-rock on ice supplies WALMART COMMUNITY Operating Supplies Skating Rinks/Warming Houses 33 US-sling LA POLICE GEAR Operating Supplies Police 32 US-costumes PAYPAL INC Clothing&Uniforms Winter Theatre 31 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 31 US-rock on ice supplies WALGREEN'S#5080 Operating Supplies Skating Rinks/Warming Houses 30 US-batteries and pail MENARDS Equipment Repair&Maint Water Treatment 30 US-ULI SW LRT success stories URBAN LAND INSTITUTE Conference/Training Community Development Admin. 30 US-Jan meeting-T Wilson GOVERNMENT FINANCE OFFICERS AS Dues&Subscriptions Finance 30 US-writing workshop-3 MAGC Conference/Training Communications 30 US-training FRASER Conference/Training Youth Programs Admin 30 US-food BYERLYS Tuition Reimbursement/School Police 30 US-socket set HOME DEPOT CREDIT SERVICES Small Tools Wasterwater Collection 30 US-parts/equip MAGPUL INDUSTRIES Operating Supplies Police 29 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 28 US-critter food PETCO Operating Supplies Outdoor Center 28 US-book making BLICK ART MATERIALS Operating Supplies Arts Center 28 US-woodshop biscuits PAYPAL INC Equipment Repair&Maint Senior Center Programs 28 US-phone recorder for pd AMAZON.COM Computers IT Operating 27 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 27 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions Amount Explanation Vendor Account Description Business Unit 27 US-rubber mallet for book maki HOME DEPOT CREDIT SERVICES Operating Supplies Arts Center 26 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 26 US-IAAI dues PAYPAL INC Dues&Subscriptions Fire 26 US-IAAI dues PAYPAL INC Dues&Subscriptions Fire 26 US-IAAI dues PAYPAL INC Dues&Subscriptions Fire 25 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 25 US-conf/trng WOMEN IN THE FIRE SERVICE INC Conference/Training Aquatics Admin. 25 US-straps AMAZON.COM Operating Supplies Fire 25 US-prize gift card CVS PHARMACY Awards Athletic Programs Admin 25 US-rock on ice HENNEPIN COUNTY TREASURER Operating Supplies Skating Rinks/Warming Houses 25 US-playcare markers AMAZON.COM Operating Supplies Day Care 25 US-costumes PAYPAL INC Clothing&Uniforms Winter Theatre 24 US-book making HOME DEPOT CREDIT SERVICES Operating Supplies Arts Center 24 US-wireless mouse AMAZON.COM Computers IT Operating 23 US-supplies BROWNELLS INC. Operating Supplies Police 23 US-food BYERLYS Tuition Reimbursement/School Police 23 US-food BYERLYS Tuition Reimbursement/School Police 23 US-laptop battery dispatch AMAZON.COM Computers IT Operating 22 US-rubber bands and tape AMAZON.COM Operating Supplies Community Center Admin 22 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 21 US-LTS name tags OFFICE DEPOT CREDIT PLAN Operating Supplies Ice Lessons 21 US-headphones AMAZON.COM Computers IT Operating 20 US-epermit web security PAYPAL INC Equipment Repair&Maint IT Operating 20 US-costumes PAYPAL INC Clothing&Uniforms Winter Theatre 20 US-supplies-café MENARDS Operating Supplies Concessions 19 US-costumes ARC'S VALUE VILLAGE Clothing&Uniforms Winter Theatre 19 US-costumes GOODWILL MINNETONKA Clothing&Uniforms Winter Theatre 19 US-3M hooks AMAZON.COM Operating Supplies Pool Operations 19 US-additional accounts ACTIVE 911 INC Other Contracted Services Fire 19 US-quartermaster AMAZON.COM Operating Supplies Police 18 US-tools MENARDS Small Tools Wasterwater Collection 17 US-audio cables AMAZON.COM Operating Supplies Pool Operations 17 US-costume GOODWILL CHANHASSEN Clothing&Uniforms Winter Theatre 16 US-plastic forks WALMART COMMUNITY Training Supplies Utility Operations-General 16 US-music for classes SPOTIFY Operating Supplies Pool Lessons 16 US-gym equip AMAZON.COM Equipment Repair&Maint Police 16 US-tablet charger MY CABLE MART Repair&Maint. Supplies Utility Operations-General 16 US-power adaptor AMAZON.COM Computers IT Operating 15 US-costume PAYPAL INC Clothing&Uniforms Winter Theatre 15 US-fuel HOLIDAY STATION STORES INC Motor Fuels Fleet Operating 15 US-costumes PAYPAL INC Clothing&Uniforms Winter Theatre 14 US-personal scripts DRAMATISTS PLAY SERVICE INC Operating Supplies Winter Theatre 14 US-label tape OFFICE DEPOT CREDIT PLAN Operating Supplies Prairie Village Liquor Store 14 US-label tape OFFICE DEPOT CREDIT PLAN Operating Supplies Den Road Liquor Store 14 US-label tape OFFICE DEPOT CREDIT PLAN Operating Supplies Prairie View Liquor Store 14 US-decorations-valentines DOLLAR TREE STORES,INC. Operating Supplies Senior Board 14 US-parking MPLSPARKING.COM Mileage&Parking Park Maintenance 14 US-parking MPLSPARKING.COM Mileage&Parking Park Maintenance 14 US-reserve calendar CALENDAR WIZ Operating Supplies Reserves 14 US-raptor supplies TARGET Operating Supplies Outdoor Center Amount Explanation Vendor Account Description Business Unit 13 US-fuel HOLIDAY STATION STORES INC Operating Supplies Fire 12 US-straps AMAZON.COM Operating Supplies Fire 12 US-leadership resources AMAZON.COM Operating Supplies Youth Programs Admin 12 US-coffee supplies WALMART COMMUNITY Operating Supplies Senior Center Programs 11 US-zumba boxes PUBLIC STORAGE Operating Supplies Fitness Classes 11 US-meeting STARBUCKS Equipment Repair&Maint Public Safety Communications 11 US-baster for water test WALMART COMMUNITY Repair&Maint. Supplies Water Distribution 11 US-square test CITY OF EDEN PRAIRIE Operating Supplies Community Center Admin 10 US-K9 supplies AMAZON.COM Canine Supplies Police 10 US-Council food BAJA SOL Miscellaneous City Council 10 US-lessons AMAZON.COM Operating Supplies Pool Lessons 10 US-parking-green expo MPLSPARKING.COM Mileage&Parking Park Maintenance 10 US-expo parking MPLSPARKING.COM Mileage&Parking Fleet Operating 10 US-keys EASYKEYS.COM Repair&Maint. Supplies City Center Operations 10 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 10 US-supplies-café HOME DEPOT CREDIT SERVICES Operating Supplies Concessions 10 US-playcare books LAKESIDE COLLECTION Operating Supplies Day Care 9 US-café food HOLIDAY STATION STORES INC Merchandise for Resale Concessions 9 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 9 US-shipping FEDEX Equipment Repair&Maint Police 8 US-costumes GOODWILL CHANHASSEN Clothing&Uniforms Winter Theatre 8 US-box's for lift MENARDS Repair&Maint. Supplies Wastewater Lift Station 8 US-erasers for white board AMAZON.COM Operating Supplies Pool Operations 8 US-cooler repairs AMAZON.COM Equipment Repair&Maint Police 7 US-turf training KELBER CATERING Conference/Training Park Maintenance 7 US-DBE workshop parking STANDARD PARKING Mileage&Parking Community Development Admin. 6 US-supplies for speaker HENNEPIN TECHNICAL COLLEGE Operating Supplies Fire 6 US-station 4 officer room MY CABLE MART Equipment Repair&Maint Public Safety Communications 6 US-box cutters MENARDS Operating Supplies Den Road Liquor Store 6 US-costumes PAYPAL INC Clothing&Uniforms Winter Theatre 6 US-3M hooks AMAZON.COM Operating Supplies Pool Operations 5 US-air hose connection A TO Z RENTAL CENTER Repair&Maint.Supplies Water Distribution 5 US-pul coupling MENARDS Equipment Parts Water Treatment 5 US-gas SUPERAMERICA Equipment Repair&Maint Public Safety Communications 4 US-PS#3 BETHESDA THRIFT SHOP Clothing&Uniforms Winter Theatre 3 US-LS facebook ad FACEBOOK Advertising Den Road Liquor Store 3 US-LS facebook ad FACEBOOK Advertising Prairie View Liquor Store 3 US-LS facebook ad FACEBOOK Advertising Prairie Village Liquor Store 3 US-wing nut MENARDS Repair&Maint. Supplies Water Distribution 2 US-rubber bands and tape AMAZON.COM Operating Supplies Community Center Admin 1 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 1 US-overage charge NIMBLE SCHEDULE Other Contracted Services Community Center Admin 1 US-overage charge NIMBLE SCHEDULE Other Contracted Services Community Center Admin 1 US-overage charge NIMBLE SCHEDULE Other Contracted Services Community Center Admin 0 US-overage charge NIMBLE SCHEDULE Other Contracted Services Community Center Admin 0 US-overage charge NIMBLE SCHEDULE Other Contracted Services Community Center Admin 0 US-overage charge NIMBLE SCHEDULE Other Contracted Services Community Center Admin -2 US-refund TULL BEARINGS Equipment Parts Fleet Operating -15 US-return MENARDS Repair&Maint. Supplies Park Maintenance -20 US-costume refund PAYPAL INC Operating Supplies Winter Theatre Amount Explanation Vendor Account Description Business Unit -38 US-costume refund PAYPAL INC Clothing&Uniforms Winter Theatre -60 US-Dec 2016 Bldg Surchgs DEPT OF LABOR&INDUSTRY Other Revenue General Fund -226 US-refund HOME DEPOT CREDIT SERVICES Repair&Maint. Supplies Utility Operations-General 60,756 Report Total CITY COUNCIL AGENDA DATE: SECTION: Ordinances and Resolutions March 21, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XI.A. Community Development/Planning Prairie Bluffs Senior Living Janet Jeremiah/Beth Novak-Krebs Requested Action Move to: • Adopt a Resolution for a Site Plan for Prairie Bluffs Senior Living • Approve the 2nd reading of the Ordinance for Planned Unit Development District Review with waivers and a Zoning District Change from Rural and Office to RM-2.5. • Approve the Development Agreement for Prairie Bluffs Senior Living Synopsis On October 4, 2016, the City Council approved the lst reading of the Ordinance for the PUD and Zoning change for Prairie Bluffs Senior Living and directed staff to prepare a Development Agreement. In addition, a resolution for the preliminary plat was approved and the Comprehensive Plan Amendment was approved subject to approval by the Metropolitan Council. At that meeting, a number of issues were discussed in detail and required plan changes and follow-up discussion. The applicant has worked with staff to address the following issues and comments: • Inclusion of affordable units • Removal of fourth story units on the west side of the building • Construction of the turn lane on Hennepin Town Road • Landscaping, grading and sidewalk connections • Parking The applicant has agreed to provide fourteen affordable units. Rents for seven of the units will be at 80% of Hennepin County AMI or less and seven units at 50% of Hennepin County AMI as adjusted annually. This provides 10.14% of the total units as affordable. The Development Agreement includes language addressing the affordable units and associated requirements. The applicant has removed the fourth floor on the west side of the north building. The revised plan includes 6 fourth story units on the north building facing Highway 169 and this is not visible from Hennepin Town Road. The applicant modified the layout and number of units in the south building to account for the relocation of the fourth story units from the Hennepin Town Road side of the building. As a result of this Council direction, the south building is longer and extends further south. The closest point of the south building to Hennepin Town Road decreased from 27 feet to 21.5 feet, but the setback on the backside increased from 11.1 feet to 15.5 feet. The waivers have been revised consistent with this change. At the first reading, direction was given that the turn lane on Hennepin Town Road should be operational when the senior living facility opens. The applicant has agreed to rough grade the turn lane and the City will construct the turn lane and make modification to the traffic signals at Pioneer Trail and Hennepin Town Road. In addition, the applicant has agreed to a lump sum payment in the amount of$100,000 to the City for the cost to construct the turn lane. The Development Agreement reflects the construction and financial contribution for the turn lane. The applicant has modified the landscaping plan as discussed at the 1st reading. The plan now includes planting beds on the south side of the entrance into the site to complement the plantings on the north side of the entrance. The landscaping on the front of the building is well placed on the grade that has been created in front of the building. The grade on the west side of the north building rises approximately 9 feet from the sidewalk to the building and the grade in front of the south building rises approximately 6 feet from the property line to the building with some steeper areas. In addition, the applicant has increased the size of the trees at the time of installation to provide a more immediate impact. The code requires a minimum size of 2.5 inch caliper for overstory trees, 1.5 inch caliper for understory trees, and 6 foot high coniferous trees. The applicant is proposing all overstory trees at 5 inch caliper, all understory trees at 2 inch caliper and all evergreens at 10 feet high, which exceeds the requirements. The City will hold the landscaping escrow for the required amount of time to ensure the survivability of the plantings. The Development Agreement requires City approval of any changes to the landscaping plan or the landscaping installed on the site for the life of the project. This includes but is not limited to removal, replacement, and/or relocation of plantings. The revised plans also include a sidewalk around the entire building. This sidewalk system is connected to the public sidewalk along Hennepin Town Road. At the first reading, a concern was raised about whether there would be adequate parking if the building is repurposed. The plan includes 121 parking stalls and 7 proof of parking surface stalls, which is .92 parking stalls per unit. The applicant provided data on parking for similar projects ranging from .5 stalls per unit to 1.3 stalls per unit. This project falls within that range. However, if the building is repurposed, the Development Agreement language requires that any change of use must be reviewed and approved by the City. This provides the City the opportunity to review project specifics including parking prior to the approval of any change in use. In addition, the applicant has agreed to secure additional parking off-site to address peak parking times and there is language in the Development Agreement to address this. The Metropolitan Council approved the Comprehensive Plan amendment for this project at their December 15, 2016 meeting. The amendment re-guides the property to High Density Residential. The list of waivers in the Development Agreement reflects the changes that have been made to the plans as directed by Council at the 1st reading. This is the final approval of the development agreement and plans for a 138-unit senior living building with independent, memory care and assisted living units. Pursuant to a request by the applicant, the review period ends on April 15, 2017. Attachments 1. Ordinance—PUD District Review and Rezoning 2. Resolution—Site Plan 3. Development Agreement 4. Summary Ordinance PRAIRIE BLUFFS SENIOR LIVING CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 6-2017-PUD-1-2017 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 and Office Zoning Districts and be placed in the Multi-Family Residential RM-2.5 Zoning District 6-2017-PUD-1-2017 (hereinafter "PUD-1-2017-RM-2.5"). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of March 21, 2017 entered into between Prairie Bluffs Senior Living LLC, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-1-2017-RM-2.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-1-2017-RM-2.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-1-2017-RM-2.5 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-1-2017-RM-2.5 are justified by the design of the development described therein. D. PUD-1-2017-RM-2.5 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 and Office Zoning Districts, and placed in the Multi-Family Residential RM-2.5 Zoning District and shall be included hereafter in the Planned Unit Development PUD- 1-2017-RM-2.5 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 4th day of October, 2016, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 21st day of March, 2017. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2017. EXHIBIT A Rural and Office Zoning District to RM2.5 Legal Description Prior to Final Plat Parcel 1 That part of the Southeast Quarter of the Southeast Quarter(SE1/4 of SE1/4)of Section 25,Township 116,Range 22,Hennepin County,Minnesota,lying South and West of County Road No. 1, and East of Hennepin Town Road,as presently located and established. (Abstract Property) Parcel 2: Outlot A,Normandy Crest,Hennepin County,Minnesota. (Abstract Property) Parcel 3: Outlot B, Prairie Bluff,Hennepin County, Minnesota. (Abstract Property) Parcel 4: The North 235.00 feet of the East 450.00 feet of the Northeast Quarter of the Northeast Quarter of Section 36,Township 116,Range 22, except that part thereof which lies easterly of a line drawn parallel with and distant 40 feet westerly of the following described line: Beginning at a point on the northerly line of the Northeast Quarter of said Section 36 distant 259.39 feet westerly of the northeast corner thereof, said northerly line has an assumed bearing of South 89 degrees 50 minutes 44 seconds West;thence South 4 degrees 43 minutes 40 seconds East for 102.51 feet;thence deflect left along a tangential curve having a radius of 954.93 feet for 200.00 feet and said line there terminating. Except that portion of the above described land embraced within Parcel 2 in MN Department of Transportation Right of Way Plat No. 27-135. (Torrens Property, Certificate of Title No. 1394046) Parcel 5: The South 225 feet of the North 460 feet of the East 480 feet of the Northeast Quarter of Section 36, Township 116,Range 22,Hennepin County,Minnesota except those parts described as follows: All that part which lies Easterly of a line drawn parallel with and distant 40 feet Westerly of the following described line: Beginning at a point on the Northerly line of the Northeast Quarter of Section 36,Township 116, Range 22 distant 259.39 feet Westerly of the Northeast corner thereof, said Northerly line has an assumed bearing of South 89 degrees 50 minutes 44 seconds West;thence South 4 degrees 43 minutes 40 seconds East for 102.51 feet;thence deflect left along a tangential curve having a radius of 954.93 feet,delta angle of 20 degrees 32 minutes 52 seconds, for 342.46 feet;thence South 25 degrees 16 minutes 32 seconds East for 100.00 feet and said line there terminating. And Except Beginning at the Southwest corner of the North 460.00 feet of the East 480.00 feet of said Northeast Quarter,thence Easterly along the South line of said North 460.00 feet 12.12 feet; thence Northwesterly to a point on the West line of said East 480.00 feet distant 15.96 feet Northerly from said Southwest corner,thence Southerly along said West line to the point of beginning. And also except that part described as Parcel 2 on Minnesota Department of Transportation Right of Way Plat No. 27-135, filed July 21, 2003, as Document No. 8108442. (Abstract Property) Parcel 6 That part of the Northeast Quarter of the Northeast Quarter of Section 36, Township 116, Range 22, described as follows: Beginning at a point distant 460 feet South of the Northeast corner of said Section 36;thence West 660 feet;thence South 330 feet;thence East 660 feet;thence North 330 feet to the point of beginning, except that part lying Southwesterly of a line 80 feet Northeasterly from and adjacent to the following described line and its extensions: Commencing at the Southeast corner of said described property;thence North 89 degrees 43 minutes 22 seconds West, assumed bearing, along the South line of said described property 317.67 feet to the point of beginning of the line to be described;thence North 36 degrees 57 minutes 25 seconds West to the North line of said described property and there terminating, according to the United States Government Survey thereof and situate in Hennepin County, Minnesota. And also except that part described as Parcel 1 on Minnesota Department of Transportation Right of Way Plat No. 27-135, filed July 21,2003,as Document No. 8108442. (Abstract Property) Legal Description Prior to Final Plat Lot 1, Block 1 and Outlot A,Prairie Bluffs CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2017- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR PRAIRIE BLUFFS SENIOR LIVING BY PRAIRIE BLUFFS SENIOR LIVING, LLC (ALBERT MILLER) WHEREAS, Prairie Bluffs Senior Living, LLC (Albert Miller), have applied for Site Plan approval of Prairie Bluffs Senior Living to construct a 138-units senior living project, by an Ordinance approved by the City Council on March 21, 2017; and WHEREAS, the Planning Commission reviewed said application at a public hearing at its August 22, 2016 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its October 4, 2016 meeting. NOW, THEREFORE,BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,that site plan approval is granted to Prairie Bluffs Senior Living LLC (Albert Miller)based on the Development Agreement between Prairie Bluffs Senior Living LLC and the City of Eden Prairie, reviewed and approved by the City Council on March 21, 2017. ADOPTED by the City Council of the City of Eden Prairie this 21st day of March, 2017. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk DEVEL OPM ENT AGREEM ENT Prairie Bluffs Senior Living THIS DEVELOPMENT AGREEM ENT ("Agreement") is entered into as of March 21, 2017,by Prairie Bluffs Senior Living LLC,a Minnesota limited liability company,hereinafter referred to as "Developer," its successors and assigns, and the CITY OF EDEN PRAI RI E, a municipal corporation, hereinafter referred to as "City": WITNESSETH: WHEREAS, Developer has applied to City for Guide Plan Change from Low Density Residential and Office to High Density Residential on 4.58 acres,Planned Unit Development Concept Review on 4.74 acres,Planned Unit Development District Review with waivers on 4.74 acres,Zoning District Change from Rural and Office to Multi-Family RM 2.5 Zoning District on 4.58 acres, Site Plan Review on 4.74 acres,and Preliminary Plat of 4.58 acres combining several lots into 1 lot legally described on Exhibit A(the "Property"); NOW,THEREFORE, in consideration of the City adopting Resolution No. for Guide Plan Change, Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from Rural and Office to High Density Residential RM 2.5 on 4.58 acres, Resolution No. for Site Plan Review, 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 on , (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and modifications as provided herein. 2. EXH I BIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3. AFFORDABLE UNITS: The Developer shall at all times provide 14 affordable units within the project. Seven of the units shall be occupied by residents whose annual income is at 80% or less of Hennepin County AMI,and seven units shall be occupied by residents whose annual income is at 50% or less of Hennepin County AMI as adjusted annually. Developer shall be responsible for submitting rent roll information and occupancy information to the City annually by Dec. 31 confirming compliance with this requirement. Rent for the affordable units will not exceed the maximum rates which are set annually by the Minnesota Housing Finance Agency. 4. AGREEM ENT TO SECURE OVERFLOW PARKING OFF-SITE For so long as the Property is used as a senior living facility,Developer shall provide valet parking service on a nearby commercial property when onsite parking is insufficient to accommodate all parking needs. By December 31'of each year Developer shall provide the City with an annual report detailing the measures Developer has taken during that year to secure overflow property and the Developers plan for the following year. The report shall include the location(s)on which Developer has secured overflow parking rights and the extent to which overflow parking was required in the prior year. Failure to secure overflow parking or failure to provide the required annual report constitutes a violation of this Agreement. 5. CHANGE OF USE: Ordinance No. for Planned Unit Development District Review and Zoning District Change and the Plans provide that the Property will be used as a senior living facility. A change in use at any time requires an amendment of Ordinance No. For Planned Unit Development District Review and Zoning District Change in accordance with City Code requirements. 6. CROSS ACCESS AND M AI NTENANCE AGREEM ENT: Prior to release of the final plat for the Property, Developer shall provide a Cross Access Easement and Maintenance Agreement to the City over the private driveway located between the two buildings and along the west side of Outlot A of the Property that provides cross access to the City to Outlot A and the facilities within the outlot and the adjacent right-of-way. The form of the Agreement must be approved in writing by the City Engineer. This Agreement shall address joint vehicle access and maintenance over the private drive. All of these facilities shall be privately owned and maintained by the Developer or Owner. After approval by the City,Developer shall file the Cross Access Easement, and Maintenance Agreement with the Hennepin County Recorder/Registrar of Title as appropriate immediately after the recording of the final plat and prior to recording of any document affecting the property including but not limited to any mortgage granted by the Developer or owners, their successors and/or assigns. Prior to the issuance of the first building permit for the Property, Developer shall submit to the City Engineer proof that the Cross Access Easement, and Maintenance Agreement have been recorded in the Hennepin County Recorder's Office/Registrar of Titles' Office. 7. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of 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. 8. 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. 9. ENCROACH M ENT AGREEM ENT: Portions of the private entry drive, sidewalk, patio, sign, and landscaping is located within the triangular piece of property south of the driveway and west of the building have been conveyed to the City of Eden Prairie by MnDOT. Prior to release of the fmal plat the Developer shall execute an"Encroachment Agreement" in the form attached hereto as Exhibit D and shall file the Encroachment Agreement with the Hennepin County Recorder/Registrar of Title as appropriate immediately after the recording of the fmal plat and prior to recording of any document affecting the property including but not limited to any mortgage granted by the Developer or owners, their successors and/or assigns. 10. EXTERI OR MATERIALS: Prior to building permit issuance, Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan depicting exterior materials and colors to be used on the buildings on the Property. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C, attached hereto. 11. Fl NAL 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. 12. GRADING, DRAINAGE, AND STORM WATER POLLUTION PREVENTION PLANS: A. Fl NAL GRADI NG AND DRAI NAGE 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 fmal grading and drainage plan for the Property. The fmal 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 fmal grading plan. The design professional shall monitor construction for conformance to the approved fmal grading plan and Stormwater Pollution Prevention Plan(SWPPP). The design professional shall provide a fmal report to the City certifying completion of the grading in conformance the approved fmal 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. STORM WATER 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 fmal 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 fmal 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. Developer shall use its best efforts to minimize construction truck traffic in infiltration areas. If it is not possible to avoid truck traffic over the infiltration areas during construction, then the following measures shall be implemented prior to truck traffic crossing any infiltration area: (1) the grades in the infiltration area shall be left as high as possible until construction of the infiltration facility, (2) at the time of construction of infiltration facility the area shall be excavated to design subgrade and the soil shall be ripped to a depth of 18 inches to de-compact the soils,(3)the subgrade shall be tested for infiltration to confirm design infiltration rates are present prior to placement of the underground chambers or other infiltration system. 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 fmal 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 fmal 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(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. STORM WATER 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. 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. 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. STORM WATER 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. 13. THREE GUEST SUITES: The Facility may have up to 138 residential units and may have up to three guest suites. The guest suites shall be used only by guests or relatives of a resident of the development for short term stays of no longer than fourteen (14) days, unless circumstances require a longer stay which in no event shall extend beyond thirty(30)days for any quest during a one year period of time. The guest suites shall not be made available to the general public. Developer shall have the discretion from time to time to re-designate the location of the guest suites 14. I RRI GATI ON PLAN: Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for irrigation of the landscaped areas on the Property.The irrigation plan shall be designed so that water is not directed on or over public trails and sidewalks. Developer shall complete implementation of the approved irrigation plan in accordance with the terms and conditions of Exhibit C prior to issuance of any occupancy permit for the Property. 15. LANDSCAPE PLAN: Prior to building permit issuance,the Developer shall submit to the City Planner and receive the City Planner's written approval of a fmal landscape plan for the Property depicting a total of 589 caliper inches. The approved landscape plan shall be consistent with the quantity, type, and size of plant materials shown on the landscape plan. Developer shall furnish to the City Planner and receive the City Planner's written approval of a security in the form of a bond, cash escrow, or letter of credit, equal to 150% of the cost of said improvements as required by City Code. The installation of the landscaping shall conform to the approved landscape plan including but not limited to the size, species and location.Any changes,including but not limited to removal and relocation, to the landscaping plan or landscaping installed on the Property shall be reviewed and approved by the City prior to implementing said changes. Prior to issuance of the fmal occupancy permit for the Property, Developer shall complete implementation of the approved landscape plan in accordance with the terms and conditions of Exhibit C. 16. M ECHANI CAL EQUI PM ENT SCREEN!NG: Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan for screening of mechanical equipment on the Property. For purposes of this paragraph, "mechanical equipment"includes gas meters, electrical conduit, water meters, and standard heating, ventilating, and air- conditioning units. Security to guarantee construction of said screening shall be included with that provided for landscaping on the Property, in accordance with City Code requirements. Developer shall complete implementation of the approved plan prior to issuance of any occupancy permit for the Property. If,after completion of construction of the mechanical equipment screening,it is determined by the City Planner,in his or her sole discretion,that the constructed screening does not meet the Code requirements to screen mechanical equipment from public streets and differing,adjacent land uses, then the City Planner shall notify Developer and Developer shall take corrective action to reconstruct the mechanical equipment screening in order to cure the deficiencies identified by the City Planner. Developer agrees that the City will not release the security provided until Developer completes all such corrective measures. 17. OTHER AGENCY APPROVALS: Prior to the issuance of a Land Alteration Permit for the Property,the Developer shall submit to the City, copies of all necessary approvals issued by other agencies for the project. The agencies issuing such approvals include, but are not necessarily limited to,the following: the Minnesota Pollution Control Agency,Metro Waste Control Commission,Hennepin County,Minnesota Department of Transportation,and Riley Purgatory Bluff Creek Watershed District. 18. OUTL OT A: The Developer shall deed Outlot A to the City. This transfer of property shall take place prior to the release of the final plat for the property. 19. OWNER'S SUPPLEMENT TO DEVELOPM ENT AGREEM ENT: The Owner's Supplement to this Agreement executed by and between the City of Eden Prairie and the following are attached hereto as Exhibit E made a part hereof A. John K.Lassen,an undivided one-half interest in Outlot A,Normandy Crest,Thomas Robertson and Lucy C. Roberston, an undivided one-half interest in Outlot A, Normandy Crest and as tenants in common to all of the remainder of the Property described on Exhibit A as Parcel lOwner B. Earl Street Partners, LLC, Owner 20. 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. 21. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the RM-2.5 District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD (list PUD number): • Building height from 45 feet to 54 feet for the 4-story portion of the north building. • Front yard structure setback from 35 feet to 15.5 feet for the south building along Highway 169. • Front yard structure setback from 35 feet to 21.1 feet for the north building along Hennepin Town Road and 21.5' for the south building along Hennepin Town Road. • Front yard structure setback from 35 feet to 3 feet for the northwest corner of the south building along Hennepin Town Road. • Parking from 276 to 128 spaces of which 62 spaces are enclosed. • Front yard parking setback from 35 feet to 4.4 feet for the north parking lot along Pioneer Trail. • Front yard parking setback from 35 feet to 10.7 feet for the south parking lot along Highway 169. • Density from 17.4 units per acre to 29.1 units per acre. The density is based on a total of 138 senior housing units. Site area per dwelling unit from 2,500 square feet to 1,494 square feet. Group Usable Open Space Per Dwelling Unit from 600 square feet per unit to 248.5 per unit. • Tree replacement from 1,672 caliper inches to 92 caliper inches. 22. RETA I NI NG WALLS: Prior to issuance by the City of any permit for grading or 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 the retaining walls identified on the grading plan in the Plans. 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 the Property. All maintenance and repair of all retaining walls on the Property shall be the responsibility of the Developer, its successors and assigns. 23. SI DEWAL K CONSTRUCTION: Prior to issuance by City of any building permit on the Property,Developer shall submit to the Director of Parks and Recreation Services and obtain the Director's written approval of detailed plans for sidewalk to be constructed on the Property. Prior to release of any portion of the final plat,Developer shall convey to the city easements for such sidewalks in such locations as determined by the Director of Parks and Recreation Services. Sidewalks shall be constructed in the following locations: A. A five-foot wide concrete sidewalk to be located adjacent to Hennepin Town Road as depicted in the Plans. After approval by the City, Developer shall file the access easements with the Hennepin County Recorder/Registrar of Title as appropriate immediately after the recording ofthe final plat and prior to recording of any document affecting the property including but not limited to any mortgage granted by the Developer or owners, their successors and/or assigns. Prior to the issuance of the first building permit for the Property, Developer shall submit to the City Engineer proof that the access easements have been recorded in the Hennepin County Recorder's Office/Registrar of Titles' Office in accordance with the requirements of this paragraph. Developer shall complete implementation of 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. 24. SI GNS: 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. 25. SITE L I GHTI NG: Prior to building permit issuance, Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for site lighting on the Property. All lighting shall conform to the lighting standards in Section 11.03 Subd.4 F. Developer shall complete implementation of the approved lighting plan prior to issuance of any occupancy permit for the Property. 26. 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 F, shall be signed by the owner(s) of the Property with the City for storm sewer and lateral assessments in the amount of $1,550.07 and for connection fees in the amount of$32,386.36 for a total assessment of$33,386.43 27. STREET AND UTILITY PLANS: Prior to issuance by the City of any permit for the construction or reconstruction of public utilities for the Property, Developer shall submit to the City Engineer,and obtain the City Engineer's written approval of plans for public,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. 28. TRASH: Developer agrees that all trash, trash receptacles and recycling bins shall at all times be located inside of the building. 29. HENNEPIN TOWN ROAD TURN LANE CONSTRUCTION AND FINANCIAL CONT RI BUT I ON Prior to issuance of a Land Alteration Permit the Developer shall provide a lump sum payment of $100,000 towards the cost of the turn lane to the Engineering Division. The Developer shall be responsible for rough grading of the turn lane to a tolerance of 0.5 feet from the sub-grade elevation and turn lane/sidewalk alignment. The rough grading must provide positive drainage,traffic control and erosion control at all times until the city's turn lane project begins. The rough grading may need to be accomplished in two phases(one during grading of the site and another within 30 days after the city's award of the turn lane project). The rough grading must be completed in contemporaneous with the rough grading of the Property for the improvements identified in the Plans. In the event that the actual costs for the turn lane construction is less than the contribution amount, the excess funds will be returned to the Developer. The turn land should be completed before the later of(i)July 31, 2018 or(ii) twelve (12) months after the release of the Land Alteration Permit. 30. UTILITY EASEM ENTS: Prior to the release of the final plat for the Property,Developer shall convey drainage and utility easements to the City as indicated on the Plans. 31. WETLAND PLAN: Prior to release of the land alteration permit for any portion of the Property,Developer shall submit to the Environmental Coordinator and receive the Environmental Coordinator's approval of a Wetland Plan. The approved Wetland Plan shall be consistent with the materials and requirements shown on the Plans and as required by City Code. The Plan shall include the following elements. A. Wetland Delineation and Wetland Buffer Strip Evaluation: Developer shall submit to the City a Wetland Buffer Strip Evaluation Report ("Buffer Report") and Wetland Delineation Report in accordance with the Wetland Plan and City Code requirements. If the Delineation or Buffer Reports identify any unacceptable vegetation or other conditions, the wetland and/or wetland buffer strip shall be graded, treated, reseeded and/or replanted (thereon known as "Landscaping", or "Landscaped")by the Developer within 90 days of submission of the Buffer Report or within 90 days after receipt of a wetland permit for wetland alteration. If the Wetland Plan is submitted after September 30th, the Landscaping must be completed by June 30th of the following year. If Landscaping of the wetland and/or wetland buffer strip is required, the Developer shall submit a signed statement by a qualified wetland consultant, as determined by the City Manager, stating that the wetland and/or wetland buffer strip vegetation complies with all City requirements within 30 days of completion of the Landscaping of the wetland and/or wetland buffer strip. B. Annual Wetland and Wetland Buffer Strip Evaluation: Developer shall submit a signed contract with a qualified wetland consultant, as determined by the City Manager and/or designee, for preparation of an Annual Wetland and Wetland Buffer Strip Evaluation Report (Annual Buffer Report) that evaluates the condition of the wetland(s)and wetland buffer strip(s)and to determine if they are in compliance with all City requirements. The Annual Buffer Report shall provide both an action plan and proposed cost for correction of all problems identified within the wetland(s) and/or wetland buffer strip(s). The first Annual Buffer Report shall be submitted no later than November 1 of the calendar year in which construction of the wetland and/or wetland buffer strip is commenced. Thereafter,this report shall be submitted annually until two full growing seasons following completion of the development have passed, at which point a fmal Annual Report shall be submitted. The final Annual Buffer Report shall evaluate the wetland(s) and wetland buffer strip(s) to determine if the wetland(s) and/or wetland buffer strip(s) remain in compliance with all City requirements. If any unacceptable conditions or vegetation are identified within the Annual Buffer Reports or final Annual Buffer Report, the Developer shall correct the area(s) identified within 90 days of submission of the Annual Buffer Report. C. Conservation Easement: Developer shall submit a Conservation Easement attached as Exhibit G, for review and written approval by the Environmental Coordinator,for the area(s) delineated on the Plans. After approval by the City, Developer shall file the Conservation Easement with the Hennepin County Recorder/Registrar of Title as appropriate immediately after the recording of the final plat and prior to recording of any document affecting the property including but not limited to any mortgage granted by the Developer or owners, their successors and/or assigns. Prior to the issuance of the first building permit for the Property, Developer shall submit to the Environmental Coordinator proof that the Conservation Easement has been recorded in the Hennepin County Recorder's Office/Registrar of Titles'Office. D. Wetland Buffer Strip Monuments: The Wetland Plan shall include a plan to install all wetland buffer strip monuments for the property prior to release of the first building permit for any portion of the Property. The Security referred to in paragraph E below shall include the cost for location,including surveying,and installation ofthe monuments. Wetland buffer strip monument locations shall be shown on the fmal grading plan and final plat. The monument shall consist of a post and a wetland buffer strip sign. The post shall be a 1.12 to 2.0 pounds per foot (1.12 pounds per foot is preferred) green steel channel post or other material pre-approved in writing by the City Manager. The post shall be a minimum of 2.25 inches wide and 6 feet 6 inches long(2.25"x 6.5'). The sign shall have a minimum size of 3 inch by 8 inch(3"x 8"). The sign shall be mounted flush with the top of the post and shall include the statement"Conservation Easement:No Mowing Allowed-Wetlands and buffers filter pollutants,reduce flooding and provide habitat."The signs shall also include the City and Watershed District logos and website links. . The post shall be mounted to a height of four feet above grade and set at least 2.5 feet in the ground. Removal of the wetland buffer strip monuments is prohibited. E. Wetland Performance Bond: Developer shall furnish to the Environmental Coordinator and receive the Environmental Coordinator's approval of a Wetland Plan performance bond,cash escrow,or letter of credit with a corporation approved by the City Manager or other guarantee acceptable to the City Manager(hereinafter referred to as the"Security") equal to 150%of the cost, as estimated by the City Manager,of completing said Wetland Plan requirements and/or Landscaping as depicted on the Plans and as required by City Code. Said Security shall cover costs associated with the Wetland Plan during development and for two full growing seasons following completion of the development. If the Developer fails to implement the Wetland Plan in accordance with its terms,the City may draw upon the Security in whole or in part to pay the cost of implementation. 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 PRAI RI E By Nancy Tyra-Lukens Its Mayor By Rick Getschow Its City Manager STATE OF M I NNESOTA ) ) 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 Prairie Bluffs Senior Living, LLC By Its STATE OF M I NNESOTA ) ) ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2017, by Albert Miller, the Chief Manager of Prairie Bluffs Senior Living LLC, a Minnesota limited liability company, on behalf of the company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 EXHIBIT A DEVELOPMENT AGREEM ENT - PRAIRIE BLUFFS SENI OR LIVING Legal Decc;ription Before Final Plat Parcel 1 That part of the Southeast Quarter of the Southeast Quarter(SE1/4 of SE1/4)of Section 25,Township 116, Range 22,Hennepin County,Minnesota,lying South and West of County Road No. 1,and East of Hennepin Town Road,as presently located and established. (Abstract Property) Parcel 2: Outlot A,Normandy Crest,Hennepin County,Minnesota. (Abstract Property) Parcel 3: Outlot B,Prairie Bluff,Hennepin County,Minnesota. (Abstract Property) Parcel 4: The North 235.00 feet of the East 450.00 feet of the Northeast Quarter of the Northeast Quarter of Section 36,Township 116,Range 22,except that part thereof which lies easterly of a line drawn parallel with and distant 40 feet westerly of the following described line: Beginning at a point on the northerly line of the Northeast Quarter of said Section 36 distant 259.39 feet westerly of the northeast corner thereof,said northerly line has an assumed bearing of South 89 degrees 50 minutes 44 seconds West; thence South 4 degrees 43 minutes 40 seconds East for 102.51 feet; thence deflect left along a tangential curve having a radius of 954.93 feet for 200.00 feet and said line there terminating. Except that portion of the above described land embraced within Parcel 2 in MN Department of Transportation Right of Way Plat No.27-135. (Torrens Property,Certificate of Title No. 1394046) Parcel 5: The South 225 feet of the North 460 feet of the East 480 feet of the Northeast Quarter of Section 36,Township 116,Range 22,Hennepin County,Minnesota except those parts described as follows: All that part which lies Easterly of a line drawn parallel with and distant 40 feet Westerly of the following described line: Beginning at a point on the Northerly line of the Northeast Quarter of Section 36,Township 116, Range 22 distant 259.39 feet Westerly of the Northeast corner thereof,said Northerly line has an assumed bearing of South 89 degrees 50 minutes 44 seconds West; thence South 4 degrees 43 minutes 40 seconds East for 102.51 feet; thence deflect left along a tangential curve having a radius of 954.93 feet,delta angle of 20 degrees 32 minutes 52 seconds, for 342.46 feet;thence South 25 degrees 16 minutes 32 seconds East for 100.00 feet and said line there terminating. And Except Beginning at the Southwest corner of the North 460.00 feet of the East 480.00 feet of said Northeast Quarter,thence Easterly along the South line of said North 460.00 feet 12.12 feet; thence Northwesterly to a point on the West line of said East 480.00 feet distant 15.96 feet Northerly from said Southwest corner,thence Southerly along said West line to the point of beginning. And also except that part described as Parcel 2 on Minnesota Department of Transportation Right of Way Plat No.27-135,filed July 21,2003,as Document No. 8108442. (Abstract Property) Parcel 6 That part of the Northeast Quarter of the Northeast Quarter of Section 36, Township 1 16,Range 22,described as follows: Beginning at a point distant 460 feet South of the Northeast corner of said Section 36;thence West 660 feet; thence South 330 feet; thence East 660 feet; thence North 330 feet to the point of beginning,except that part lying Southwesterly of a line 80 feet Northeasterly from and adjacent to the following described line and its extensions: Commencing at the Southeast corner of said described property; thence North 89 degrees 43 minutes 22 seconds West,assumed bearing,along the South line of said described property 317.67 feet to the point of beginning of the line to be described;thence North 36 degrees 57 minutes 25 seconds West to the North line of said described property and there terminating, according to the United States Government Survey thereof and situate in Hennepin County, Minnesota. And also except that part described as Parcel 1 on Minnesota Department of Transportation Right of Way Plat No.27-135,filed July 21,2003,as Document No. 8108442. (Abstract Property) Legal Deccription After Final Plat Lot 1, Block 1 and Outlot A, Prairie Bluffs EXHIBIT B DEVELOPMENT AGREEM ENT — PRAIRIE BLUFFS SENI OR LIVING Plans Architectural Plans Title Page— 1/26/17 by kaas wilson architects Area Map— 1/26/17 by kaas wilson architects Perspectives— 1/26/17 by kaas wilson architects Perspectives— 1/26/17 by kaas wilson architects Perspectives— 1/26/17 by kaas wilson architects Perspectives— 1/26/17 by kaas wilson architects Data/Details— 1/26/17 by kaas wilson architects Architectural Site Plan— 1/26/17 by kaas wilson architects Garage Plan— 1/26/17 by kaas wilson architects 1st Floor Plan— 1/26/17 by kaas wilson architects 2nd Floor Plan— 1/26/17 by kaas wilson architects 3rd Floor Plan— 1/26/17 by kaas wilson architects 4th Floor Plan—91/26/17 by kaas wilson architects Exterior Elevations— 1/26/17 by kaas wilson architects Exterior Elevations— 1/26/17 by kaas wilson architects Exterior Elevations— 1/26/17 by kaas wilson architects Building Sections— 1/26/17 by kaas wilson architects Parking Database— 1/26/17 by kaas wilson architects Lighting Plan— 1/26/17 by kaas wilson architects Civil Plans Title Sheet dated 1/26/17 by Civil Site Group Site Survey dated 1/26/17 by Acre Land Surveying Site Survey dated 1/26/17 by Acre Land Surveying Site Survey dated 1/26/17 by Acre Land Surveying Preliminary Plat 1/26/17 by Civil Site Group Removals Plan North 1/26/17 by Civil Site Group Removals Plan South 1/26/17 by Civil Site Group Site Plan North 1/26/17 by Civil Site Group Site Plan South 1/26/17 by Civil Site Group Grading Plan North 1/26/17 by Civil Site Group Grading Plan South 1/26/17 by Civil Site Group Utility Plan North 1/26/17 by Civil Site Group Utility Plan South 1/26/17 by Civil Site Group Civil Details 1/26/17 by Civil Site Group Civil Details 1/26/17 by Civil Site Group Civil Details 1/26/17 by Civil Site Group Civil Details 1/26/17 by Civil Site Group Civil Details 1/26/17 by Civil Site Group Landscape Plan North 1/26/17 by Civil Site Group Landscape Plan South 1/26/17 by Civil Site Group SWPPP—Existing Conditions North 1/26/17 by Civil Site Group SWPPP—Existing Conditions South 1/26/17 by Civil Site Group SWPPP—Proposed Conditions North 1/26/17 by Civil Site Group SWPPP—Proposed Conditions South 1/26/17 by Civil Site Group SWPPP—Details 1/26/17 by Civil Site Group SWPPP—Narrative 1/26/17 by Civil Site Group SWPPP—Attachments 1/26/17 by Civil Site Group SWPPP—Attachments 1/26/17 by Civil Site Group EXHIBIT C DEVEL OPM ENT AGREEM ENT - PRAIRIE BLUFFS SENI OR LIVING 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 A. That Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances. Prior to fmal 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. To the best of Developer's knowledge no previous owner, operator or possessor of the Property deposited, stored, disposed of,placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss, costs, damage and expense,including reasonable attorney's 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 fmal 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.(Not applicable.) X. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. XI. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees,therefore,that in the event Developer violates,fails,or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant,withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. XII. Developer shall,prior to the commencement of any improvements,provide written notice to Comcast of the development contemplated by this Development Agreement. Notice shall be sent to Comcast Cable, 9705 Data Park, Minnetonka, Minnesota 55343. XIII. Prior to building permit issuance, all fees associated with the building permit shall be paid to the Inspections Department, including;Building permit fee,plan check fee, State surcharge, metro system access charge(SAC),City SAC and City water access charge(WAC),and park dedication. 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 '/2 by 6 inch sign or decal reading "Scenic/Conservation Easement Boundary,City of Eden Prairie",will be affixed to the top of the post. XIX. Within 10 days of the approval of the Development Agreement, the Developer shall record the Development Agreement at the County Recorder and/or Registrar of Titles. 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 day's 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. EXHIBIT D DEVELOPM ENT AGREEM ENT - PRAIRIE BLUFFS SENI OR LIVING ENCROACH M ENT AGREEM ENT FOR PRIVATE USE OF PUBL I C PROPERTY This Encroachment Agreement For Private Use of Public Property (hereinafter "Encroachment Agreement") is made this day of , 2017, between the CITY OF EDEN PRAIRIE,Minnesota, a municipal corporation(the"City"), and Prairie Bluffs Senior Living LLC,a Minnesota limited liability company(the "Owner"). RECITALS: A. The Owner is the fee owner of property located in the City of Eden Prairie, Minnesota(the "Owner's Property"), legally described as follows: See Exhibit A attached hereto and made a part hereof B. The Owner's Property abuts a triangular piece of property conveyed to the City by the Minnesota Department of Transportation that is adjacent to Hennepin Town Road (the Public Property) is depicted on the Plans attached hereto as Exhibit B (hereinafter the "Plans"). C. Owner and City have entered into the certain Development Agreement dated the day of , 2017 (hereinafter "Development Agreement") for the development named Prairie Bluffs Senior Living. D. The Development Agreement requires this Encroachment Agreement. E. The Owner desires to construct an entrance drive, sidewalks, a patio, sign, and landscaping within the Public Property-(the "Improvements") as identified in the Plans and Exhibit A. F. City is willing to permit the Improvements as depicted on the Plans, subject to the terms and conditions of this Agreement. AGREEM ENT In consideration of the foregoing and the mutual covenants herein, the parties agree as follows: 1. The recitals set forth above are incorporated herein. 2. PUBLIC PROPERTY. The Owner acknowledges that the Improvements encroach on the Public Property, which was conveyed to the City by Quit Claim Deed on April 19, 2016 3. IMPROVEMENTS. City grants Owner the right to and Owner hereby assumes the responsibility to maintain,repair,replace and re-construct the Improvements,including but not limited to; the pavement, curb and gutter, striping, signing, snow and ice removal, decorative paving, landscaping and signage, all in accordance with all applicable laws and regulations (collectively referred to as"Maintenance")in the location identified on the Plans in the locations and subject to the terms set forth below in paragraph 4. The City shall retain the right to manage the Public Property as provided in state statutes and city code. The City shall also retain the right to approve the Maintenance and direct the Owner to correct any deficiencies in the Maintenance. 4. MAINTENANCE. Responsibility for Maintenance of the Improvements shall be that of the Owner. The Owner shall perform, as and when necessary, and pay the cost for, such maintenance of the Improvements as may be reasonably necessary to maintain the Improvements in good and aesthetic condition and repair. 5. INDEMNITY. The Owner shall indemnify, defend and hold the City and its employees, contractors, agents, representatives, elected and appointed officials, and attorneys harmless from any and all claims, damages, losses, costs and expenses, including attorneys' fees, arising from, based on, or related to the encroachment of the Improvements on the Road, including, but not limited to, any claim asserted against the City as a result of the installation, placement, building erection,maintenance,occupation or use of the Improvements and/or failure of the Owner to maintain the Improvements in such a condition as to prevent against injury to persons or property. 6. INSURANCE. Owner shall maintain a public liability insurance policy,naming City as an additional insured, which provides coverage for damage to the property of others or injury or death to persons. Such coverage shall be on an occurrence basis and shall include contractual liability coverage with respect to the indemnity obligation in Paragraph 5 above. Said policy shall contain a clause which provides the insurer will not change,non-renew,or materially change the policy without first providing the City thirty(30)days prior written notice. The Owner shall provide the City with a Certificate of Insurance for such coverage that specifically details the conditions in Paragraphs 5 and 7 of this Agreement. 7. WAIVER OF CLAIMS. The Owner acknowledges the City's ownership of the Road and knowingly and voluntarily waives and releases any and all claims against the City arising from, based on, or related to Owner's being permitted to maintain the encroachment of the Improvements on the Road as permitted by this Agreement, including but not limited to claims of abandonment, diminution in value, takings and contractual claims arising out of this Agreement, except any claims which are the result of the sole negligence or willful misconduct of the City or its employees or agents. The Owner acknowledges being represented by legal counsel in connection with this Agreement, and that the Owner has read and understands the terms of this Agreement. 8. CONDITION OF PUBLIC PROPERTY. The Owner acknowledges the City has made no representations or warranties regarding the condition of the Public Property or its suitability for the uses permitted by this Agreement. 9. NO VESTED RIGHTS. This Agreement shall not constitute or be construed as creating or establishing any vested right of the Owner to the area encroached upon. 10. Owner hereby agrees to the following additional conditions: A. The Improvements shall be located as depicted in the Plans. B. The design of the Improvements shall be subject to the terms of the Development Agreement. The location of the Improvements shall be as depicted in the Plans. C. Owner shall secure from City all required municipal permits prior to any construction within the Public Property including a right-of-way permit. D. Drainage from Owner's and all adjacent properties shall at no time be impeded or blocked due to the Improvements. E. The Improvements and all work completed in relation thereto shall be in accordance with the City's current standards and ordinances and other applicable laws and/or regulations. 11. BINDING EFFECT. Except as hereinafter provided, this Agreement shall run with the land and bind and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. 12. ENTIRE AGREEMENT. This Agreement contains all the terms and conditions relating to the Improvements and replaces any oral agreements or other negotiations between the parties. No modifications of this Agreement shall be valid until they have been placed in writing and signed by all parties hereto. 13. RECORDING. The Owner shall cause this Agreement to be filed for record with the Hennepin County Recorder/Registrar of Title (as applicable) within 30 days of its execution by the Owner and the City. Evidence of filing shall be provided to the City within 30 days thereafter. CITY OF EDEN PRAIRIE By: Nancy Tyra-Lukens, Mayor By: Rick Getschow, 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 then Mayor and City Manager of the City of Eden Prairie, Minnesota, a municipal corporation on behalf of the corporation. NOTARY PUBLIC Prairie Bluffs Senior Living, LLC By: Albert Miller ITS CHIEF MANAGER STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2017, by Albert Miller the Chief Manager of Prairie Bluffs Senior Living LLC,a Minnesota limited liability company, on behalf of the company. NOTARY PUBLIC This instrument was drafted by: Richard F. Rosow, Esq. Gregerson, Rosow, Johnson&Nilan, Ltd. 650 Third Avenue South, Suite 1600 Minneapolis, MN 55402-4337 Telephone: (612) 436-7477 EXHIBIT A Legal Decc;ription Before Final Plat Parcel 1 That part of the Southeast Quarter of the Southeast Quarter(SE1/4 of SE1/4)of Section 25,Township 116, Range 22,Hennepin County,Minnesota,lying South and West of County Road No. 1,and East of Hennepin Town Road,as presently located and established. (Abstract Property) Parcel 2: Outlot A,Normandy Crest,Hennepin County, Minnesota. (Abstract Property) Parcel 3: Outlot B,Prairie Bluff,Hennepin County,Minnesota. (Abstract Property) Parcel 4: The North 235.00 feet of the East 450.00 feet of the Northeast Quarter of the Northeast Quarter of Section 36,Township 116,Range 22,except that part thereof which lies easterly of a line drawn parallel with and distant 40 feet westerly of the following described line: Beginning at a point on the northerly line of the Northeast Quarter of said Section 36 distant 259.39 feet westerly of the northeast corner thereof,said northerly line has an assumed bearing of South 89 degrees 50 minutes 44 seconds West; thence South 4 degrees 43 minutes 40 seconds East for 102.51 feet; thence deflect left along a tangential curve having a radius of 954.93 feet for 200.00 feet and said line there terminating. Except that portion of the above described land embraced within Parcel 2 in MN Department of Transportation Right of Way Plat No.27-135. (Torrens Property,Certificate of Title No. 1394046) Parcel 5: The South 225 feet of the North 460 feet of the East 480 feet of the Northeast Quarter of Section 36,Township 116,Range 22,Hennepin County,Minnesota except those parts described as follows: All that part which lies Easterly of a line drawn parallel with and distant 40 feet Westerly of the following described line: Beginning at a point on the Northerly line of the Northeast Quarter of Section 36,Township 116, Range 22 distant 259.39 feet Westerly of the Northeast corner thereof,said Northerly line has an assumed bearing of South 89 degrees 50 minutes 44 seconds West;thence South 4 degrees 43 minutes 40 seconds East for 102.51 feet; thence deflect left along a tangential curve having a radius of 954.93 feet,delta angle of 20 degrees 32 minutes 52 seconds, for 342.46 feet;thence South 25 degrees 16 minutes 32 seconds East for 100.00 feet and said line there terminating. And Except Beginning at the Southwest corner of the North 460.00 feet of the East 480.00 feet of said Northeast Quarter,thence Easterly along the South line of said North 460.00 feet 12.12 feet; thence Northwesterly to a point on the West line of said East 480.00 feet distant 15.96 feet Northerly from said Southwest corner,thence Southerly along said West line to the point of beginning. And also except that part described as Parcel 2 on Minnesota Department of Transportation Right of Way Plat No.27-135,filed July 21,2003,as Document No. 8108442. (Abstract Property) Parcel 6 That part of the Northeast Quarter of the Northeast Quarter of Section 36,Township 116,Range 22,described as follows: Beginning at a point distant 460 feet South of the Northeast corner of said Section 36;thence West 660 feet; thence South 330 feet; thence East 660 feet; thence North 330 feet to the point of beginning,except that part lying Southwesterly of a line 80 feet Northeasterly from and adjacent to the following described line and its extensions: Commencing at the Southeast corner of said described property; thence North 89 degrees 43 minutes 22 seconds West,assumed bearing,along the South line of said described property 317.67 feet to the point of beginning of the line to be described;thence North 36 degrees 57 minutes 25 seconds West to the North line of said described property and there terminating, according to the United States Government Survey thereof and situate in Hennepin County, Minnesota. And also except that part described as Parcel 1 on Minnesota Department of Transportation Right of Way Plat No.27-135,filed July 21,2003,as Document No. 8108442. (Abstract Property) Legal Deccription After Final Plat Lot 1, Block 1 and Outlot A, Prairie Bluffs EXHIBIT B EXHIBIT E DEVELOPMENT AGREEM ENT - PRAIRIE BLUFFS SENI OR LIVING OWNERS' SUPPLEM ENT TO DEVELOPM ENT AGREEM ENT BETWEEN PRAIRIE BLUFFS SENI OR LIVING, LCC (DEVELOPER) AND THE CITY OF EDEN PRAI RI E TH I SAGREEM ENT,made and entered into as of , 2017,by and between Earl Street Partners, LLC, a Minnesota limited liability company, Thomas Robertson, Lucy C. Robertson and John K. Lassen, (collectively the "Owners") and the CITY OF EDEN PRAI RI E ("City"): For, and in consideration of, and to induce City to adopt Resolution No. for Guide Plan Change, Resolution No. 2017-00 for Planned Unit Development Concept Review, Ordinance No. 2017-00 for Planned Unit Development District Review and Zoning District Change,Resolution No.2017-00 for Site Plan Review, and Resolution No. 2017-00 for Preliminary Plats more fully described in that certain Development Agreement entered into as of , 2017, by and between Prairie Bluffs Senior Living, LLC and City("Development Agreement")pertaining to that certain Property described on Exhibit A hereto, Owner agrees with City as follows: 1. If Developer, fails to commence development in accordance with the Development Agreement and fails to obtain an occupancy permit for all of the improvements referred to in the Development Agreement within 24 months of the date of this Owners' Supplement, Owners 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 Owners, their successors and assigns of the Property. 3. If Owners transfer this Property to a third Party other than Developer, Owners 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 Owners or transferee are required to develop the property, however any development shall be in accordance with this Agreement or in accordance with such approvals as are required by City Code to develop the Property in a manner other than as set forth in this Agreement. I N WI TN ESS 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,MAYOR BY: RICK GET SCHOW,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 CITY MANAGER OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMUNICIPAL CORPORATION ON BEHALF OF THE CORPORATION. NOTARY PUBLIC EARL STREET PARTNERS,LLC BY: ifs: STATE OF MINNESOTA ) )SS. COUNTY OF HENNEPIN ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF , 2017, BY THE OF EARL STREET PARTNERS, LLC, A MINNESOTA LIMITED LIABILITY COMPANY, ON BEHALF OF THE COMPANY. NOTARY PUBLIC JoHN K.LASSEN STATE OF MINNESOTA ) )SS. COUNTY OF HENNEPIN ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF ,2017,BY JoHN K.LASSEN. NOTARY PUBLIC THOMAS ROBERTSON STATE OF MINNESOTA ) )SS. COUNTY OF HENNEPIN ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF ,2017,BY THOMAS ROBERTSON. NOTARY PUBLIC LUCY C.ROBERTSON STATE OF MINNESOTA ) )SS. COUNTY OF HENNEPIN ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF ,2017,BY LUCY C. ROBERTSON. THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Exhibit A Owners Supplement — Development Agreement — Prairie Bluffs Senior Living Legal Decc;ription Before Final Plat Parcel 1 That part of the Southeast Quarter of the Southeast Quarter(SE1/4 of SE1/4)of Section 25,Township 116, Range 22,Hennepin County,Minnesota,lying South and West of County Road No. 1, and East of Hennepin Town Road,as presently located and established. (Abstract Property) Parcel 2: Outlot A,Normandy Crest,Hennepin County,Minnesota. (Abstract Property) Parcel 3: Outlot B,Prairie Bluff,Hennepin County,Minnesota. (Abstract Property) Parcel 4: The North 235.00 feet of the East 450.00 feet of the Northeast Quarter of the Northeast Quarter of Section 36,Township 116,Range 22,except that part thereof which lies easterly of a line drawn parallel with and distant 40 feet westerly of the following described line: Beginning at a point on the northerly line of the Northeast Quarter of said Section 36 distant 259.39 feet westerly of the northeast corner thereof,said northerly line has an assumed bearing of South 89 degrees 50 minutes 44 seconds West; thence South 4 degrees 43 minutes 40 seconds East for 102.51 feet; thence deflect left along a tangential curve having a radius of 954.93 feet for 200.00 feet and said line there terminating. Except that portion of the above described land embraced within Parcel 2 in MN Department of Transportation Right of Way Plat No.27-135. (Torrens Property,Certificate of Title No. 1394046) Parcel 5: The South 225 feet of the North 460 feet of the East 480 feet of the Northeast Quarter of Section 36,Township 116,Range 22,Hennepin County,Minnesota except those parts described as follows: All that part which lies Easterly of a line drawn parallel with and distant 40 feet Westerly of the following described line: Beginning at a point on the Northerly line of the Northeast Quarter of Section 36,Township 116, Range 22 distant 259.39 feet Westerly of the Northeast corner thereof,said Northerly line has an assumed bearing of South 89 degrees 50 minutes 44 seconds West; thence South 4 degrees 43 minutes 40 seconds East for 102.51 feet; thence deflect left along a tangential curve having a radius of 954.93 feet,delta angle of 20 degrees 32 minutes 52 seconds, for 342.46 feet;thence South 25 degrees 16 minutes 32 seconds East for 100.00 feet and said line there terminating. And Except Beginning at the Southwest corner of the North 460.00 feet of the East 480.00 feet of said Northeast Quarter,thence Easterly along the South line of said North 460.00 feet 12.12 feet; thence Northwesterly to a point on the West line of said East 480.00 feet distant 15.96 feet Northerly from said Southwest corner,thence Southerly along said West line to the point of beginning. And also except that part described as Parcel 2 on Minnesota Department of Transportation Right of Way Plat No.27-135,filed July 21,2003,as Document No. 8108442. (Abstract Property) Parcel 6 That part of the Northeast Quarter of the Northeast Quarter of Section 36,Township 116,Range 22,described as follows: Beginning at a point distant 460 feet South of the Northeast corner of said Section 36;thence West 660 feet;thence South 330 feet; thence East 660 feet; thence North 330 feet to the point of beginning,except that part lying Southwesterly of a line 80 feet Northeasterly from and adjacent to the following described line and its extensions: Commencing at the Southeast corner of said described property; thence North 89 degrees 43 minutes 22 seconds West,assumed bearing,along the South line of said described property 317.67 feet to the point of beginning of the line to be described;thence North 36 degrees 57 minutes 25 seconds West to the North line of said described property and there terminating, according to the United States Government Survey thereof and situate in Hennepin County, Minnesota. And also except that part described as Parcel 1 on Minnesota Department of Transportation Right of Way Plat No.27-135,filed July 21,2003,as Document No. 8108442. (Abstract Property) Legal Description After Final Plat Lot 1, Block 1 and Outlot A, Prairie Bluffs EXHIBIT F DEVEL OPM ENT AGREEM ENT - PRAIRIE BLUFFS SENI OR LIVING AGREEM ENT REGARDING SPECIAL ASSESSMENTS THIS IS AN AGREEMENT MADE THIS day of ,2017,between the City of Eden Prairie, a municipal corporation, (the "City") and Prairie Bluffs Senior Living,LLC 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, storm sewers, wells, elevated storage facilities and a water treatment plant (all of which is hereafter referred to as the "Trunk Improvements"). C. The Owner desires to develop the Property in such a manner that requires connection to public utilities(all of which is hereafter referred to as the"Connection Fees." D. 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 as follows: a) The Property will be assessed in the amount of $1,550.07 for the Trunk Improvements. b) The Property will be assessed in the amount of$32,386.36 for Connection Fees for a term of 5 years. 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 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$33,936.43 until such time as the assessments referred to above are levied. CITY OF EDEN PRAIRIE BY: NANCY TYRA-LUKENS,MAYOR BY: RICK GETSCHOW, 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 THEN MAYOR AND CITY MANAGER OF THE CITY OF EDEN PRAIRIE, MINNESOTA, A MUNICIPAL CORPORATION ON BEHALF OF THE CORPORATION. NOTARY PUBLIC PRAIRIE BLUFFS SENIOR LIVING,LLC BY: ALBERT MILLER ITS CHIEF MANAGER STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF , 2017, BY ALBERT MILLER, THE CHIEF MANAGER OF PRAIRIE BLUFFS SENIOR LIVING LLC, A MINNESOTA LIMITED LIABILITY COMPANY, ON BEHALF OF THE COMPANY. NOTARY PUBLIC THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 EXHIBIT G DEVELOPM ENT AGREEM ENT - PRAIRIE BLUFFS SENIOR LIVING CONSERVATION EASEM ENT TH I S EASEM ENT AGREEM ENT is made this day of , 20 by and between Prairie Bluffs Senior Living, LLC , a Minnesota limited liability company, hereinafter referred to as "Grantor," and the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation, hereinafter referred to as "City"; WHEREAS,Grantor is the fee owner of land located in Hennepin County,Minnesota,more fully described in Exhibit A,attached hereto and made a part hereof,and said land hereinafter referred to as "the Property"; and, WHEREAS, Grantor has marketable title to the Property, free and clear of all liens, mortgage, and encumbrances, except: WHEREAS,Grantor and City wish to enter into an agreement which will grant to the City a conservancy/scenic easement for conservation and preservation of the terrain and vegetation,and to prohibit certain destructive acts thereon, over that portion of the Property as described in Exhibit B, hereinafter referred to as the "Easement Area", attached hereto; NOW, THEREFORE, in consideration of the premises contained herein,it is agreed by the parties as follows: 1. Grantor hereby conveys to City and its successors and assigns a conservation and scenic easement in,under,on,and over the`Basement Area",and City hereby accepts such conveyance. 2. The following terms and conditions shall apply to the Easement Area: A. The Easement Area shall be preserved predominantly in its natural condition. No trees, shrubs or other vegetation shall be planted or removed from the Easement Area without the prior written consent of the City. The City will consider removal of noxious weeds, as defined by Minnesota Statutes Sections 18.76-18.88, upon submission and approval of a Vegetation Management Plan. No vegetation cutting, fertilizer application or placement of turfgrass, such as Kentucky bluegrass, shall occur within the Easement Area. B. No building,road, sign,billboard,utility,or other structures shall be placed in the Easement Area without the prior written consent of City. C. No trash, waste, or other offensive material, soil, or landfill shall be placed upon or within the Easement Area without the prior written consent of the City. D. No change in the general topography of the Easement Area landscape, including,but not limited,to excavation,dredging,movement,and removal or placement of soil, shall be allowed within the Easement Area without the prior written consent of the City. E. Grantor may, no more than once per calendar year, remove sediment caused by stormwater drainage into a stormwater ponding area. Any removal of sediment must be pre-approved in writing by the City and be in accordance with City and Wetland Conservation Act guidelines. Landscaping must be replaced in accordance with the requirements outlined in this Conservation Easement. 3. With respect to the Easement Area, Grantor represents and warrants as follows: A. That Grantor has marketable title free and clear of all liens, encumbrances and mortgages. B. That Grantor has not used,employed,deposited, stored,disposed of, placed or otherwise allowed to come in or on the Easement Area,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 Grantor has not allowed any other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the Easement Area, any Hazardous Substances; D. That no previous owner, operator or possessor of the easement area, deposited, stored, disposed of,placed, or otherwise allowed in or on the Easement Area any Hazardous Substances; Grantor agrees to indemnify, defend and hold harmless City, against any and all loss, costs, damage and expense, including reasonable attorney's fees and costs that City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the inaccuracy or falsity of any representation or warranty herein. 4. Grantor agrees to permanently demarcate the location of the boundaries of the wetland and wetland buffer strip as shown on Exhibit C. The monuments shall be permanent steel channel posts that are a minimum of 2.25 inches wide and 6 feet 6 inches long(2.25"x 6.5'). The sign shall be a minimum of 4 inches by 8 inches(4"x 8") that shall be mounted flush with the top of the post and shall include the statements "Conservation Easement: No Mowing Allowed" and "Wetlands and buffers filter pollutants, reduce flooding and provide habitat". The post shall be mounted to a height of four feet above grade and at least 2.5 feet in the ground. Removal of the monuments is not allowed. 5. Grantor agrees to maintain the Easement Area subject to the provisions stated herein. 6. The duration of this easement is perpetual and shall bind and inure to the benefit of the parties, their successors, and assigns. 7. Nothing contained herein shall impair any right of City now held or hereafter acquired to construct or maintain public utilities in or on the Easement Area. 8. Provisions of this Easement shall be binding upon and enforceable against the Property and the Grantor, their successors and assigns of the Property. IN WI TNESS W H EREOF, 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, MAYOR BY: RICK GETSCHOW, 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 THEN MAYOR AND CITY MANAGER OF THE CITY OF EDEN PRAIRIE, MINNESOTA, A MUNICIPAL CORPORATION ON BEHALF OF THE CORPORATION. NOTARY PUBLIC PRAIRIE BLUFFS SENIOR LIVING, LLC BY: ALBERT MILLER ITS CHIEF MANAGER STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF ,2017,BY ALBERT MILLER THE CHIEF MANAGER OF PRAIRIE BLUFFS SENIOR LIVING LLC, A MINNESOTA LIMITED LIABILITY COMPANY, ON BEHALF OF THE COMPANY. NOTARY PUBLIC THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 EXHIBIT A " THE PROPERTY" Legal Deqr,ription Before Final Plat Legal D r,ription After Final Plat EXHIBIT B " EASEM ENT AREA" Legal Deqr,ription Before Final Plat Legal D r,ription After Final Plat EXHIBIT C " EASEM ENT AREA" DIAGRAM EXHIBIT A CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE -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 south of Pioneer Trail and east of Hennepin Town Road from Rural and Office Zoning Districts to RM2.5 Zoning District. 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 , 2017. (A full copy of the text of this Ordinance is available from City Clerk.) EXHIBIT A Rural and Office Zoning District to RM2.5 Zoning District Legal Description Prior to Final Plat Parcel 1 That part of the Southeast Quarter of the Southeast Quarter(SE1/4 of SE1/4) of Section 25, Township 116,Range 22,Hennepin County,Minnesota, lying South and West of County Road No. 1, and East of Hennepin Town Road,as presently located and established. (Abstract Property) Parcel 2: Outlot A,Normandy Crest,Hennepin County,Minnesota. (Abstract Property) Parcel 3: Outlot B,Prairie Bluff,Hennepin County,Minnesota. (Abstract Property) Parcel 4: The North 235.00 feet of the East 450.00 feet of the Northeast Quarter of the Northeast Quarter of Section 36, Township 116,Range 22, except that part thereof which lies easterly of a line drawn parallel with and distant 40 feet westerly of the following described line: Beginning at a point on the northerly line of the Northeast Quarter of said Section 36 distant 259.39 feet westerly of the northeast corner thereof, said northerly line has an assumed bearing of South 89 degrees 50 minutes 44 seconds West;thence South 4 degrees 43 minutes 40 seconds East for 102.51 feet; thence deflect left along a tangential curve having a radius of 954.93 feet for 200.00 feet and said line there terminating. Except that portion of the above described land embraced within Parcel 2 in MN Department of Transportation Right of Way Plat No. 27-135. (Torrens Property,Certificate of Title No. 1394046) Parcel 5: The South 225 feet of the North 460 feet of the East 480 feet of the Northeast Quarter of Section 36, Township 116,Range 22,Hennepin County,Minnesota except those parts described as follows: All that part which lies Easterly of a line drawn parallel with and distant 40 feet Westerly of the following described line: Beginning at a point on the Northerly line of the Northeast Quarter of Section 36,Township 116, Range 22 distant 259.39 feet Westerly of the Northeast corner thereof, said Northerly line has an assumed bearing of South 89 degrees 50 minutes 44 seconds West;thence South 4 degrees 43 minutes 40 seconds East for 102.51 feet;thence deflect left along a tangential curve having a radius of 954.93 feet, delta angle of 20 degrees 32 minutes 52 seconds, for 342.46 feet;thence South 25 degrees 16 minutes 32 seconds East for 100.00 feet and said line there terminating. And Except Beginning at the Southwest corner of the North 460.00 feet of the East 480.00 feet of said Northeast Quarter,thence Easterly along the South line of said North 460.00 feet 12.12 feet; thence Northwesterly to a point on the West line of said East 480.00 feet distant 15.96 feet Northerly from said Southwest corner,thence Southerly along said West line to the point of beginning. And also except that part described as Parcel 2 on Minnesota Department of Transportation Right of Way Plat No. 27-135, filed July 21,2003, as Document No. 8108442. (Abstract Property) Parcel 6 That part of the Northeast Quarter of the Northeast Quarter of Section 36, Township 116, Range 22, described as follows: Beginning at a point distant 460 feet South of the Northeast corner of said Section 36;thence West 660 feet; thence South 330 feet;thence East 660 feet; thence North 330 feet to the point of beginning, except that part lying Southwesterly of a line 80 feet Northeasterly from and adjacent to the following described line and its extensions: Commencing at the Southeast corner of said described property; thence North 89 degrees 43 minutes 22 seconds West, assumed bearing,along the South line of said described property 317.67 feet to the point of beginning of the line to be described; thence North 36 degrees 57 minutes 25 seconds West to the North line of said described property and there terminating, according to the United States Government Survey thereof and situate in Hennepin County, Minnesota. And also except that part described as Parcel 1 on Minnesota Depai triient of Transportation Right of Way Plat No. 27-135, filed July 21,2003, as Document No. 8108442. (Abstract Property) Legal Description Prior to Final Plat Lot 1, Block 1 and Outlot A,Prairie Bluffs CITY COUNCIL AGENDA DATE: SECTION: Appointments March 21, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIII.A. City Council 2017 Conservation Commission Appointment Requested Action Move to: Appoint Anna Anderson to the Conservation Commission with a term ending March 31, 2020. Synopsis The City Council hosted Commission interviews on Tuesday, February 28, 2017. All terms will begin on April 1. CITY COUNCIL AGENDA DATE: SECTION: Report of the Community Development Director March 21, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.C.1. Community Development Approve 2017-2020 Strategic Plan for Janet Jeremiah Housing and Economic Development Requested Action Move to: Approve the 2017-2020 Strategic Plan for Housing and Economic Development including any amendments per City Council direction. Synopsis The City of Eden Prairie 2017-2020 Strategic Plan for Housing and Economic Development recognizes the Community Development Department's mission, prioritizes the Housing and Economic Development Divisions' projects, and identifies implementation strategies and funding sources for the next four years. It is a comprehensive update of the 2012-2018 Strategic Plan for Housing and Economic Development and includes status updates for projects from the 2005 and 2012 Strategic Plans. Intended to be a "living document," the 2017-2020 Strategic Plan will be a reference resource for the department, and amended and updated as future conditions change. Background The 2005 Strategic Plan for Housing and Economic Development was a collaborative interdepartmental effort that included City Council input. The plan was revisited in 2008 and 2010. In March, April and May of 2012, a series of three City Council workshops were held in relation to a more comprehensive update of the Strategic Plan. The purpose of these workshops was to update the City Council about the status of the 2005 initiatives and obtain input and direction from the Council for the new strategic plan. In 2016, additional revisions and updates were made to position the strategic planning project goals and process through 2020. The 2017-2020 Strategic Plan for Housing and Economic Development used the 2012-2018 Strategic Plan as a framework for updating the plan for 2017- 2020. Divisions within the Community Development Department worked together to provide a draft of project priorities at the October 4 and November 15, 2016 City Council workshops. Based on Council feedback, Community Development staff prepared a final draft of the 2017- 2020 plan for approval. Attachment Strategic Plan for Housing and Economic Development 2017-2020 2017-2020 Strategic Plan for Housing and Economic Development Final Draft for City Council Consideration March 21, 2017 Community Development Department EDEN PRAIRIE LIVE•WORK•DREAM ` F II J 1--IF-Pi I--- gm. i i_i 1r El- Liji ii _. : ,.__., ...,: / ii .. . 1 ! 4, 11 I. I,_� >> , .. I1 .. ,...23. . . 1 11 , 4in:4 1 - - -w II 1 11 �, 11 , ; In , 1 This page is intentionally left blank 2017-2020 Strategic Plan for Housing and Economic Development Table of Contents Executive Summary 1 Section 1: Department Mission and Strategies 3 Section 2: Economic Development Strategies & Project Priorities 5 Funding Sources 5 Economic Development Project Priorities 7 Section 3: Housing Strategies & Project Priorities 21 Funding Sources 21 2017-2020 Housing Project Priorities 23 Appendix I: Economic Development and Housing Fund Balances and Projections 29 Economic Development Funding Sources (as of March 2017) 29 Housing Funding Sources (as of March 2017) 31 Appendix II: 2005 Project Status Updates 33 2005 High Priority Projects 33 2005 Medium Priority Projects 38 Appendix III: 2012-2018 Project Status Updates 41 Eden Prairie Southwest Light Rail Transit (LRT) 2012—2018 Projects 41 Economic Development 2012—2018 Projects 45 Housing 2012—2018 Projects 48 Appendix IV: Detailed Strategic Planning Process(2005-2017) 51 2005 Strategic Planning Process 51 2012-2018 Strategic Planning Process 52 2017-2020 Strategic Planning Process 53 2017-2020 Strategic Plan for Housing and Economic Development i This page is intentionally left blank 2017-2020 Strategic Plan for Housing and Economic Development Executive Summary The City of Eden Prairie 2017-2020 Strategic Plan for Housing and Economic Development recognizes the Community Development Department's mission, prioritizes the Housing and Economic Development Divisions' projects, and identifies implementation strategies and funding sources for the next four years. It is a comprehensive update of the 2012-2018 Strategic Plan for Housing and Economic Development. Please see Appendix IV for history and process of developing the Strategic Plan. The purpose of the Strategic Plan is to: • Identify and prioritize Housing and Economic Development projects for 2017-2020 • Outline the regulatory and financial implementation strategies • Foster coordination between Community Development Department, other departments, and the City Council • Help keep the public informed of key projects and initiatives • Report on the status of Housing and Economic Development activities since 2005 (Appendix) Sections 2 and 3 of the Strategic Plan summarize 2017-2020 projects: Section 2: Economic Development Project Priorities This section covers Economic Development Division initiatives and projects, including project priorities,timelines and funding sources.These projects are intended to stimulate overall economic growth and vitality of Eden Prairie.They include business retention efforts, new business opportunities,facilitation of development/redevelopment, City enhancements, communication with the business community, and a pro-active effort to work with developers to identify opportunity sites for development/redevelopment. Section 3: Housing Project Priorities This section reviews Housing Division programs and initiatives. It focuses on the key policy priorities the City has established related to housing development: inclusion of affordable housing, homeownership initiatives, maintenance and improvement of existing housing stock, and allocation of federal, state, and local funding for housing programs. Detailed profiles of the housing projects,timelines, implementation strategies, and funding sources are included. 2017-2020 Strategic Plan for Housing and Economic Development 1 This page is intentionally left blank 2 2017-2020 Strategic Plan for Housing and Economic Development Section 1: Department Mission and Strategies The Community Development Department supports the long-term vitality of the City through city-wide land use planning and development review activities, maintaining a positive environment for business, addressing housing and community service needs, and enhancing revenue generation through responsible property valuations. The department includes 19 full- and part-time employees within the following divisions: Assessing, Economic Development, Housing and Community Services, and Planning. Figure 1.1 -Community Development Department Structure r ti Community Development Department Administration i Economic Housing and Assessing Development Community Planning Services The department creates and administers current and long-range plans for the City; and promotes and facilitates the orderly development, redevelopment, and economic viability of the City. The Community Development Department helps maintain the City's high quality of life by partnering with other departments and organizations in addressing community needs. The 2017-2020 Strategic Plan identifies and prioritizes projects and initiatives for both the Economic Development and Housing Divisions. All projects identified in this document are considered to be high or medium priority for the Department. Section 1: Department Mission and Strategies 3 Economic Development Strategies The Economic Development Division is responsible for services that promote business growth, community development and redevelopment, and that support the overall economic growth and vitality of Eden Prairie. Division services include: (1) Business (job) retention, development, expansion, promotions, and communications; (2) New development and redevelopment planning and site location services; (3) Coordinate public financing for development and redevelopment; (4) Manage real estate sales and acquisition activities; (5) Support programs and initiatives of other City Departments, the Chamber of Commerce, School District, and other organizations as appropriate that improve or maintain a high quality of life in Eden Prairie; (6) Support and advocate for transportation and development infrastructure improvements; and (7) Help developers navigate development review process. Housing Strategies The Housing and Community Services Division has four areas of responsibility — Housing, Community Services, Immigrant Services, and Community Building. The Strategic Plan includes strategies for housing, such as: (1) affordable rental and homeownership initiatives; (2) life-cycle housing goals; and (3) programs for maintenance and improvement of existing housing stock via loans and grants. Housing strategies often involve other Housing & Community Services Division focus areas, and collaboration with other Divisions, Departments, and Community Groups. 4 Section 1: Department Mission and Strategies Section 2: Economic Development Strategies & Project Priorities The Economic Development Division promotes business growth and retention, facilitates development gap financing, assists businesses with site locations, advocates for transportation and technology improvements, and represents the City on the Eden Prairie Chamber of Commerce Government Committee. A key component of economic strength is managing the needs of existing and prospective businesses to ensure a diverse mix that contributes to a stable tax base and enhances Eden Prairie's image and regional profile. Maintaining an adequate supply of land to support desired commercial or industrial/manufacturing activity is also important. Projects include a broad range of activities, including transit and road improvements, infrastructure enhancements, special economic redevelopment, and connecting businesses with financing resources. Funding Sources Economic Development Fund The City's Economic Development Fund was created in the early 1990's to support projects that help create and/or retain jobs, improve the local tax base, support redevelopment efforts, or otherwise enhance the quality of life in the community.The fund was originally capitalized through the sale of various city-owned surplus properties over the last 20 years. Current revenue is limited to proceeds from leasing a City-owned daycare property on Singletree Lane. That property is expected to be sold in the future for assembly and redevelopment. Sale of the Singletree Lane property is the final anticipated source for future revenue for the Fund. See Appendix I for fund balances and projections. Tax Increment Financing (TIF) Redevelopment& Economic Development Districts Future property tax revenue increases from a defined area ("district") are used to fund an economic development project or public improvement project. For redevelopment districts,the district must be "blighted" or meet other designation criteria that would warrant investment. TIF redevelopment district funds must be used to fix the conditions that created the district (i.e. blight). For economic development districts,funds must be used to expand employment or tax base for specific industries as identified by the State of Minnesota. Section 2: Economic Development Strategies & Project Priorities 5 TIF Pooled Redevelopment and Economic Development Funds and Admin Funds A percentage of tax increment financing can be pooled to be used outside of the established district for other projects. In redevelopment districts, 25%of the tax increment may be pooled. In economic development districts, 20%of the tax increment may be pooled. Pooled funds may be used for certain infrastructure improvements that serve the TIF Redevelopment or Economic Development area. A small percentage of the tax increment from projects is also allocated to administrative expenses. Minnesota Department of Employment and Economic Development (DEED) The Economic Development Division uses various DEED grant programs, such as:the Minnesota Investment Fund (MIF),which provides financing to help add new workers and retain high- quality jobs;the Transportation Economic Development (TED) Program,which is available to communities for highway improvement and public infrastructure projects that create jobs and sustain economic development; and the Innovative Business Development Public Infrastructure (BDPI) program, which focuses on job creation and retention through the growth of new innovative businesses and organizations by providing grants for up to 50 percent of the capital cost of the public infrastructure necessary to expand or retain jobs. Miscellaneous Sources Depending on the project,the Economic Development Division receives additional funding resources from private developers, Eden Prairie Chamber of Commerce, CIP, and the South West Light Rail Transit (LRT)funding sources. 6 Section 2: Economic Development Strategies& Project Priorities Economic Development Project Priorities Business Retention & Expansion Status as of March 2017 Project Focus Priority: High • Continue to support business retention and expansion by Timing: Ongoing Funding: reserving Economic Development Funds for emerging • Economic Development needs • Explore additional financing and grant programs for Fund • TIF for eligible expenses existing and future businesses • PACE Financing • Utilize the PACE financing program and identify new grant • Grants (DEED, etc.) programs or opportunities for businesses related to sustainability rnEMPLOYMENT AND ECONOMIC DEVELOPMENT Open To Business Program Status as of March 2017 Priority: High Timing: Ongoing Funding: Project Focus • County • In partnership with Hennepin County and the • MCCD Metropolitan Consortium of Community Developers • Economic Development (MCCD), "Open to Business" provides a business Fund assistance program to business owners • Annual City financial commitment of$5,000 to support an ��l Open to Business representative meeting with business prospects as needed OPEN • Regular monthly hours at Rustica (Smith Douglas More House) TO BUSINESS Section 2: Economic Development Strategies & Project Priorities 7 LRT Business Communication Status as of March 2017 Priority: High Strategy is to keep business and property owners along the Timing: 2017-2020 Southwest Light Rail corridor informed and involved. Funding: Use City Staff Tsmo,tGr;d A Project Focus • Met Council buying right-of-way and construction _ easements ,., • Hundreds of meetings completed w/property owners and businesses over last 4 years during 0461_ design/engineering/environmental phase of the project • New communication strategies to focus on final design of Town Center Station, construction mitigation efforts and construction activities related to road closures,temporary utility shut-off, etc. Realtor's Forum Status as of March 2017 Priority: High Timing: 2018, 2020 Funding: • City staff time • General Fund Supplies Project Focus • MPLS Board of Realtors • Meet with local area realtors to educate them on Eden Prairie projects and important changes that can impact realtors and future homeowners • Collaborate with the School District to provide Eden Prairie schools information • A tour highlights all of the positive aspects of Eden Prairie so the realtors relay that information to prospective residents L 8 Section 2: Economic Development Strategies& Project Priorities City Entry Monument Signage Program Status as of March 2017 Project Focus • City Council approved design concepts for 6 signs at highway entrances to City Priority: High • Sign at Highway 169/Anderson Lakes Parkway approved Timing: 2016-2018+ and being bid for 2017 construction Funding: • Four additional signs near Highway 212/County Road 4, • Economic Development Fund Highway 5/City Road 4, I-494/Prairie Center Drive, and I- 494/Highway 62 anticipated to be completed by 2018 • A sixth sign near Highway 212/Shady Oak Road requires access easements and coordination with the LRT project tI • _.. 010-: ED RIE0. Taprooms & Cocktail Rooms Status as of March 2017 With liquor sales ordinance amendments passed at end of 2015 Priority: High for taproom and cocktail rooms, review potential taproom sites Timing: 2017-2018 and strategies in industrial areas. Funding: • Staff time Project Focus • Grants • Review potential taproom sites and strategies in industrial areas I I( +) t t • Review hours of operation I _ • Collaborate with Chamber of Commerce to promote fiAl' Regulatory • Consider zoning ordinance amendments to allow `r taprooms and cocktail rooms to operate in commercial districts Section 2: Economic Development Strategies & Project Priorities 9 ii Industrial & Commercial Area Studies Status as of March 2017 Project Focus With engagement of property owners and neighbors, conduct alternative land use studies for the following industrial areas: • Venture Lane MnDOT Excess ROW property • Martin Drive Industrial Area • Flying Cloud Land Fill (if warranted after analysis of uses allowable by MPCA) Priority: High • Crosstown Industrial Area Timing: 2016-2018 Funding: • 2017-2018 Comp Plan Conduct a more detailed land use and/or needs analysis for the following: Budget (Studies) • Vacant property south of Rustica (off Glory Lane) • Potential neighborhood service center(s) in Southwest Eden Prairie Regulatory • Comprehensive Plan Updates • Potential Zoning Changes F :______ CSAH 62 I 'I Crosstown Industrial Area i . F _ t. - aY ; J' - . ( 1 6' 141t�` ''1 .. 4^_,* t - r igOlVit:,;d. . • r t AP it 5 Acres A MNDOT ROW Prop Shop 1 otsom ji.....1 ., a • , r- 10 Section 2: Economic Development Strategies& Project Priorities Major Center Area TOD & Mixed Use Redevelopments Status as of March 2017 Transit Oriented Development(TOD) Ordinance was adopted in July 2016. Our goal is to begin guiding redevelopment in the MCA and Southwest Light Rail Station Areas with a focus on mixed use and multi-modal transit. Project Focus • Former Ruby Tuesday and Anchor Bank sites proposed for Priority: High high-density mixed-use with apartments Timing: 2017-2020+ • Former Sears Site at Mall proposed for redevelopment as Funding: Scheels with opportunities for hotel with meeting space • Private and potential future housing and office uses on out lots • TIF • Former IHOP site is opportunity site for hotel or TOD • Grants housing near Town Center Station • Presbyterian Homes expected to redevelop Broadmoor Apartments in 2018/2019 • Brunswick potential redevelopment as mixed use with option for LRT parking • City-owned daycare property on Singletree Lane and adjacent property to the north are anticipated to be assembled for higher density mixed-use redevelopment MS • T S`71-= a4 Z a�, " - 6.4h J,.... .7.::: 'NI TIPI!PP"'. ..,_, -- °' . } 5 � ' -- • 4 SRI Major Center Area Land Use Plan Former Sears location at Eden Prairie Center Section 2: Economic Development Strategies & Project Priorities 11 Special Services District Policies Status as of March 2017 Priority: High Timing: 2017 Funding: Special service districts are special taxing districts for • City staff time commercial areas and are a tool for enhanced public improvements and services. Streetscape Concept B.Cross Section 1 mn„ce,i street nynn, Project Focus • Review and update policies related to Special r I _ lik 2 .- I Services Districts with the City Council • Consider implementing districts in the Major .- �'�� 1 " 1z�,�_ � "" I�' ' . Center Area (MCA), Golden Triangle, and City *1 *, - West New Town Center Entrance Plaza at Eden Road Status as of March 2017 Project Focus • At northwest corner of Flying Cloud Drive and Eden Road, a new Town Center entrance plaza with Town Center Priority: High wayfinding signage, pedestrian amenities, landscaping, and public art Timing: 2017-2020 • Plaza is dependent on working with Southwest Light Rail to Funding: • TBD obtain the remnant property or easements after they purchase and remove EP Convenience Center for construction of LRT • A design phase will need to be completed once rights to the property are secured TOWN CENTER i.rq1.. - fir.— •1 i - - hi —<. iif� - Current Town Center Sign Intersection of Flying Cloud Dr. & Eden Road (Flying Cloud&Singletree Lane) (Potential Entrance Plaza Location) 12 Section 2: Economic Development Strategies& Project Priorities 1 Light Rail Station Area Improvements Status as of March 2017 Project Focus • Designs were completed in 2016 for City funded Priority: High improvements beyond the Southwest LRT project scope Timing: 2017-2020 include public plazas, additional landscaping, wayfinding signage, public art, and bicycle facilities for City West, Funding: Golden Triangle, and Southwest Station Areas • Economic Development • Final design for improvements around Town Center Station Fund will be completed in 2017-2018 • Potential grants for art • The CIP includes funding for most of the improvements with the exception of public art at stations (e.g. artistic bike racks) MAIN 1 ^/r TT1A Ali _ in 1_,....; -_ — �� � � EDEN ROAD- Streetscape Concepts -. - - PPEcEOENn...as N� 1.11 *006 Plan Yiarr 1. 4 _ `I - , _- ..1yd I.�L l-`ulll' L,. ap� ®I .i„1 - CITY WEST STATION PLAZA - Option A IRE Section 2: Economic Development Strategies & Project Priorities 13 Singletree Streetscape Phase II & Water Quality Status as of March 2017 Project Focus • A Livable Communities Grant was received for completion Priority: High of a regional stormwater treatment plan for the Town Center Area Timing: 2017 2018 • Project will provide water quality and streetscape Funding: • Walmart Escrow improvements along Singletree Lane from Prairie Center Drive to Eden Road • Livable Communities • Improvements will be consistent with Town Center Grant streetscape features • City CIP (Engineering) • City obtained $535,000 from Walmart for improvements that must be used by 2018 • Design and coordination with property owners will take place in 2017 with construction in 2018 1 I T7PICALLAIUUT Ti CAL Lf.1 W— I' ONSIDE ICED VSE DISIIICT'I } '— ICJ..F ADE II E'USE O`—';:-1 1 .: ..-/ P,.,c LIMI— - 1-2 1.-_-_—_,_<__ - ,Ni.. . ....,........_ [ i g i II F- f��'SV ,, , lir ; _ ; � _ ia�a ,- � .r pt..ar..r rr 1� 71, _ -..i' ,„. ......... ' , CfIY OF EUE7i,RAIRIE .ram Wenck FED 2 11 Town Center Subarea mry� .—w F]we5 14 Section 2: Economic Development Strategies& Project Priorities Other Street Construction/Realignment and Status as of March 2017 Streetscape Projects Project Focus Priority: Medium Future projects include: Timing: 2017-2020+ • Preserve Blvd—Prairie Center Dr.to Anderson Lakes Pkwy Funding: • W. 78th Street (Prairie Center Dr.—Washington Ave) • Local State Aid (as • Prairie Center Dr./Franlo Road Signal (dependent on available) development) • Grants (Livable • Valley View Road/Topview Road (dependent on Communities LCDA or development) County TOD as available) • Prairie Center Drive Streetscape Phase I • Economic Development • W70th Street (eastern segment) Fund • Eden Road Extension • Special Services District • North-South Roadway("Main Street" in Town Center) • TIF (Districts& Pooled) • Private Redevelopment Regulatory Contributions (e.g. • Comp. Plan Presbyterian Homes) • Planned Unit Developments (PUDs)to require or incent certain improvements with expansions and redevelopment :, .-66<411.0,, Art,rr 'kl r r.a. • ,: i +� S.. di ...i. . r-. .*. .•; '�. ' a� 3i4 A 1 r gun .d• I .R�it II II Section 2: Economic Development Strategies& Project Priorities 15 Prairie Center Drive Bridge Improvements Status as of March 2017 Priority: Medium Timing: 2019 Project Focus Funding: • Upgrade Prairie Center bridge over Highway 212 with new • TIF Pool (if eligible) lighting and new (or repainted) railing with City logo • Economic Development features, similar to Shady Oak bridge design. Fund (if needed) Ilii null II ---________ '010',:\ ' 4A i -....., . ,__ INN Current Prairie Center Drive Bridge New Shady Oak Bridge Railing with City branding Golden Triangle Area Rebranding Status as of March 2017 Priority: Medium Timing: 2019-2020 Funding: Project Focus Contributions from property • Create branding and wayfinding signage for the Golden • Triangle Area owners (e.g. Special Services • Incorporate branding into lighting on W. 70`"St. and District) throughout the Golden Triangle Area • Economic Development Fund (if needed for design) n....0.......--it,,ir. Iii 11 , ,:, %:.--'., li.... 7._ ° ' - 4II. n'.yf W. 70`"Street Enhancements W. 70'h Street 16 Section 2: Economic Development Strategies& Project Priorities TOD Opportunity Sites Status as of March 2017 Project Focus TOD redevelopment in City West and Golden Triangle Station Areas City West Opportunity Sites • Shady Oak Retail Center has potential to redevelop as Priority: Medium Timing: 2019+ high-density mixed-use with housing over retail • Optum's final building site has potential for hotel or Funding: housing if not needed for office growth • Private • TIF Golden Triangle Opportunity Sites • Grants • TAGS Gymnastics site is expected to accommodate LRT parking and could redevelop as high-density mixed-use with housing • Liberty Property Trust is exploring TOD development for their properties i(ii, ■ \ ----;--j IT C. V A _ �., � ,+ mpus '� iu —Study Area _ , tie_ *1111,7 . r it . • F' ' l Mk" Optum Campus Section 2: Economic Development Strategies & Project Priorities 17 Business Facade Program Status as of March 2017 Project Focus • Provide loans or grants to local businesses to rehab and improve storefronts to follow design guidelines in Priority: Medium priority areas Timing: 2017 • Funding would be targeted for neighborhood Funding: • Economic Development commercial areas outside of redevelopment priority areas Fund (Business Retention Fund Reserve) Regulatory • Design Guidelines (adopted) • Architectural Ordinance Amendments (adopted) • Mt y`v t '�L`-1 01 7- IFNUI - Before After(Rendering) 18 Section 2: Economic Development Strategies& Project Priorities Co-working/Collaborative Business Center & Business Status as of March 2017 Incubator Priority: Medium Project Focus Timing: 2017+ • Co-working/Collaborative Business Center would provide Funding: space or facilitate a private company to open co-location • Potential TIF financing for office/business incubator space in Eden Prairie poject • Co-working space would be an alternative for independent • Economic Development workers, small businesses,start-ups, and corporate work Fund (2017 groups planning/marketing if • Potential spaces/places- Office space at the Mall,former needed) Lighthouse Day Care, or Venture Lane development. F g -!I 12 11 P ` W li 1. i. r II . �_ --- _ :� r I : � -r = i of Co-location Space Co-location Space A Vikings Training Facility Status as of March2017 Project Focus Priority: Medium • Vikings moving training facility to Eagan in 2018 Timing: 2018+ • Discussion with Vikings about redevelopment of Winter Funding: • Staff Time Park needed I + alikee� r r►.�I� r / �ji ./' a s_ ; S `y Section 2: Economic Development Strategies & Project Priorities 19 This page is intentionally left blank 20 2017-2020 Strategic Plan for Housing and Economic Development Section 3: Housing Strategies & Project Priorities The Housing and Community Services Division provides assistance, information and referrals to residents of Eden Prairie. All members of the community can utilize the services of this division, including immigrants, seniors and families. Housing and Community Services helps people access programs and find the information they need to lead healthy and full lives in the community. Strategies for achieving the division's mission are: 1. Partner with vendor agencies and community groups to identify service needs and gaps in the community and facilitate the funding process to ensure quality, appropriate services to meet the needs. This is an on-going process, accomplished by participation in monthly meetings, on-site visits, and referrals. 2. Ensure that immigrant populations have the tools and knowledge to share in the high quality of life in Eden Prairie. 3. Identify and coordinate resources to prevent duplication of services and promote efficient use of resources. 4. Encourage developments to include affordable housing and facilitate gap financing. 5. Allocate General Funds, CDBG and Pooled TIF Housing funds to affordable housing initiatives, housing rehab and human services programs. Funding Sources Tax Increment Financing (TIF) Housing Districts Taxes generated from the increased value (assessed value) of an improved property(new housing project) are used to help finance qualified improvements over a specific period. Projects financed with TIF Housing funds must provide rents affordable to persons with incomes below 50% of Area Median Income (AMI) on 20%of the total units or below 60%of AMI on minimum 40% of the total units. TIF Pooled Housing and Admin Funds Existing TIF Housing Districts often include provisions for a percentage of the tax increment funds to be pooled for future affordable housing projects.These funds can be used to help finance new affordable housing development or improvements to existing units as long as income limits are met by the residents.These funds can help support City programs such as the First Time Homebuyer and Housing Rehab Programs for residents with moderate incomes who do not qualify for CDBG (see below). A small percentage of the tax increment from projects is also allocated to administrative expenses.These TIF Admin funds can be used for attorney and consultant costs of preparing documents such as TIF extensions to preserve affordability. Section 3: Housing Strategies & Project Priorities 21 Community Development Block Grant Program (City& Federal) Created by HUD in 1974,this program provides annual entitlements to cities based on a population, age of housing, and poverty level formula. Cities have the flexibility to use these funds in a variety of ways to address issues affecting low-moderate income persons. Eden Prairie dedicates 85%of its funding for housing related activities: First Time Home Buyer Program, Housing Land Trust, and Housing Rehabilitation Loan Program. CDBG financed projects must provide rents that are affordable to persons with income below 80%of AMI. For rental housing,the City of Eden Prairie requires that rents be affordable to persons with incomes below 50%or 60%of AMI. For homeownership and housing rehab which use CDBG funds, the City requires incomes below 80%of AMI. Housing Revenue Bonds Housing Revenue Bonds are an additional funding source that can be used to finance the rehabilitation of owner-occupied or renter-occupied residential units to maintain our existing housing stock.The City administers Housing Revenue Bonds to help Eden Prairie property owners finance improvements to multi-family developments with moderate and low-income families and seniors.The City collects a percentage fee for this service. Other Grants, Loans, and Incentives A number of other grants, loans and incentives are available for housing projects that include affordability components. Hennepin County administers the Affordable Housing Incentive Fund (AHIF) program which provides loans for rehab or construction of affordable housing.The Metropolitan Council administers the Local Housing Incentive Account (LHIA)which provides loans to purchase property for affordable housing.The Metropolitan Council also administers the Livable Communities Demonstration Account(LCDA) and Transit Oriented Development (TOD)grants, which favor projects with affordable housing. In addition, the Minnesota Housing Finance Agency(MHFA) administers the Low Income Housing Tax Credits (LIHTC) program which provides incentives for developers to include affordable housing in their projects. The NOAH Impact Fund, offered through Greater Minnesota Housing Fund, provides equity investments to developers to support the preservation of existing affordable rental housing in the seven-county metro area that is at risk of becoming market rate. 22 Section 3: Housing Strategies & Project Priorities 2017-2020 Housing Project Priorities Preservation of Naturally Occurring Affordable Housi • Status as of March 2017 (NOAH) and Existing Affordable Rental Housing Some existing apartments need physical improvements or have operational challenges.They may be providing affordable rents without subsidies due to the condition of the properties— Naturally Occurring Affordable Housing (NOAH). Priority: High Project Focus Timing: Ongoing • Explore other ways to increase the number of affordable Funding: • CDBG rental units among our existing supply of rental housing • Utilize the Property Manager's Group to educate landlords • Pooled TIF • NOAH Fund regarding Fair Housing requirements, the City Rental Inspections and Maintenance Program, and other initiatives to improve the operations and maintenance of rental housing • Explore ways to assist with operational issues that may affect future preservation of affordable housing WEB Preserving Naturally Occurring Affordable Housing NOAH Impact Fund • r u r - -.l li M him'm- R is ?s is 1 rrI u W IIJ r s.. r 1, - t - ` • "114— Sold Out Ap.nm.,t p't'p.fl9 mks art.+moce.tug m.rwu case,met-op:O.n A New Social Impact Investment Opportunity aeavrn.a�bie. aayovea.e Iu Section 3: Housing Strategies & Project Priorities 23 Create Affordable Housing Opportunities Status as of March 2017 Project Focus Priority: High • Aspire Eden Prairie 2040 Comprehensive Plan Update is Timing: Ongoing expected to have a goal of 16.5%of all new units affordable Funding: with specific goals for different income ranges • CDBG • Encourage and incentivize developers to include affordable • TIF units in their housing developments near transit and/or • Pooled TIF services • WHAHLT • Work with existing property owners to convert some market • Grants rate units to affordable • Tax Credits • Incentivize redevelopment of TOD opportunity sites to • Elderly Waivers include housing affordability: Southwest Station Apartments proposal, Brunswick site, IHOP site, Shady Oak Center,TAGS - , ! �- -(�-�_ ` pl y I rr r t�`;r; _ , Id IA �■ III I ''tt t IA tic__ -, ' :..; i a I r WE I i ' \ „pi ' la u rr, -.� I Increase Homeownership Opportunities Status as of March 2017 Priority: High Timing: Ongoing Funding: • CDBG • Pooled TIF Our First Time Homebuyer Program has helped: • 5 first time homebuyers with pooled TIF - - • 12 first time homebuyers with CDBG • 12 Land Trust Homebuyers funded through CDBG oth 4 Project Focus --,•„wow- F • Continue to leverage CDBG and Pooled TIF to assist first HOME I ll time home buyers Lu-' la*, 24 Section 3: Housing Strategies & Project Priorities On-Track Housing Concept itus as of March 2017 Pilot project to support up to four rental units to house transitional individuals/families who will receive social services from PROP to Priority: High help them move on toward self-sufficiency. Timing: 2017-2020 Funding: Project Focus • PROP • Work with existing property owners to determine interest • Grants and create legally binding agreement • Goal Oriented—On-Track Housing is the first step towards homeownership Y People Reaching PUR TOWNHOMES CREEK O1 u t to People Ho�N hornigromPaneswn se, Quality of Life Investments Status as of March 2017 Priority: High Project Focus Timing: 2017-2020 • Invest in service providers, education opportunities, and Funding: other quality of life factors • CDBG • Focused in multi-family buildings • General Fund • Supporting residents beyond quality housing �. EIli COLONY- at EflEN PRAIRIE 11 r Section 3: Housing Strategies & Project Priorities 25 Housing Rehabilitation Loan & Grant Programs Status as of March 2017 The Housing Rehabilitation Loan Program helps low and Priority: High moderate income homeowners maintain their homes. Eligibility Timing: Ongoing is determined by HUD and pooled Housing TIF income limits Funding: and all loans are available on a first come, first serve basis. • TIF Pool • CDBG Project Focus • Continue to promote program to low and moderate income homeowners . A 5, • Modify existing housing rehab loan program to provide i / for a "phased" repayment of the loan, which reduces the amount of the loan after ten years - 1 • Create new grant program for income eligible senior —..A11111 citizens where up to $5,000 is available for home repairs Housing Improvement Areas (HIA) Status as of March 2017 An HIA promotes neighborhood stabilization and revitalization of townhome properties that do not have adequate resources for necessary repairs/improvements. Priority: High Timing: Ongoing Project Focus Funding: • Fairway Woods Condominium Association completed their • Special assessments HIA in 2014 for 20 units • Application submitted to establish Neill Lake Townhome HIA.This program will finance the foundation repair of two units and the re-siding of all buildings in the Association • . • rig F R l �I, �, 'I�I..IIdr ,q 26 Section 3: Housing Strategies & Project Priorities Eden Gardens Green, Mid-Market Neighborhood Status as of March 2017 Project Focus Priority: High • Project is nearly 75% built or under construction— Timing: 2017 oversee remainder of build out Funding: • Use as model for new developments: green features, community space, mid-market affordability .r ® ; !WI .,1 - ii I.„oiuhis- J Section 3: Housing Strategies& Project Priorities 27 This page is intentionally left blank 28 2017-2020 Strategic Plan for Housing and Economic Development Appendix I: Economic Development and Housing Fund Balances and Projections Economic Development Funding Sources (as of March 2017) Economic Development Fund Balance and Projections Beginning Rental Sale of Project Program Ending Cash Year Cash Balance Income 1 Dell Expenditures 2 Expenditures 3 Balance (Daycare) Property 2012 $3,854,672 $66,492 $450,000 $4,371,164 2013 $4,371,164 $66,492 $4,437,656 2014 $4,437,656 $66,492 $4,504,148 2015 $4,504,148 $66,491 $4,570,639 2016 $4,570,639 $59,303 $4,629,942 2017 $4,629,942 $0 $1,262,500 $5,000 $3,362,442 2018 $3,362,442 $68,506 $1,500,000 $5,000 $1,925,948 2019 $1,925,948 $69,191 $400,000 $5,000 $1,590,139 2020 $1,590,139 $69,792 $500,000 $5,000 $1,154,931 2021 $1,154,931 $70,489 $5,000 $1,220,420 2022 $1,220,420 $71,194 $5,000 $1,286,614 2023 $1,286,614 $0 $5,000 $1,281,614 2024 $1,281,614 $0 $5,000 $1,276,614 2025 $1,276,614 $0 $200,000 $5,000 $1,071,6142 1 Daycare rental income based upon actual revenue through 2016 and projections for 2017-2025. No rental income is projected for 2017 due to a vacancy for at least part of the year and potential need for tenant improvements. Daycare is expected to be sold at some date (projected in 2023)after a new 5-year lease, however the City will likely retain rights to early termination with reasonable notice in case a redevelopment opportunity is more imminent. No revenue is projected for sale of the daycare in case a land write-down is needed for redevelopment. 2 Based on approved 2017-2026 Capital Improvement Plan (with some minor expenditure year updates) 3 Additional program expenditures may occur for Business Retention & Expansion, Business Facade Program, Golden Triangle Area Rebranding,and other similar projects, as needed. 2025 ending cash balance could be used for such expenditures prior to 2026. Appendix I: Economic Development and Housing Fund Balances and Projections 29 Economic Development Fund Proposed Uses(Projects& Programs) Project Description Year Cost Co-working/Collaborative Business Center& Business 2017 $25,000 Incubator Light Rail Project Improvements 2017 $300,000 Singletree Streetscape Phase II &Water Quality 2017-2018 $300,000 City Entry Monument Signs 2017-2018 $387,500 Light Rail Station Area Improvements 2017-2020 $1,850,000 Open to Business Program 2017-2025 $45,000 Prairie Center Drive Streetscape Phase I 2018 $400,000 West 70th Street(eastern segment) 2018 $150,000 Prairie Center Drive Bridge Improvements 2019 $250,000 North-South Roadway("Main Street" in Town Center) 2025 $200,000 Business Retention & Expansion As Needed Golden Triangle Area Rebranding As Needed Pooled Redevelopment TIF Funds—Proposed Uses(to be updated) Project Total Cost TIF 30 Appendix I: Economic Development and Housing Fund Balances and Projections Housing Funding Sources (as of March 2017) Federal CDBG Allocation (to be updated) Program CDBG Program Housing Affordable Public Program Year Allocation Income Rehab Housing Service Admin 2011 $233,334 $103,668 $50,000 $54,000 $25,666 2012 $243,436 $164,659 $0 $52,000 $26,777 2013 $253,017 $106,187 $55,000 $64,000 $27,830 2014 $224,976 $100,000 $147,226 $105,000 $48,000 $24,750 2015 $227,139 $100,000 $140,869 $105,000 $54,000 $27,270 2016 $210,636 $100,000 $128,536 $105,000 $53,000 $24,100 2017 $200,000 1 $100,000 $117,000 $105,000 $53,000 $25,000 2018 TBD 2019 TBD 2020 TBD 'Estimated; Federal HUD Fiscal Year 2017 Budget not approved as of March 2017 CDBG Generated Program Income Development Annual Payment Expires Columbine $10,000 Jul 2024 Lincoln Parc $21,508 Dec 2021 Homeowner Loan Payoffs Amount Varies Pooled Housing TIF Funds-Proposed Uses Project Total Cost Redevelopment to Affordable $25,000/year First Time Home Buyer Loans $25,000/year Housing Rehab Loans $50,000/year TOD Moderate Income Housing Financing $300,000-500,000/per project for 2-3 projects/year Appendix I: Economic Development and Housing Fund Balances and Projections 31 Pooled TIF Funds-Fund Balance & Projections (to be updated) Year Housing Housing Redevelopment Redevelopment (Cumulative) (Cumulative) 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 Total Housing Revenue Bonds(to be updated) Year Issued Issued For Amount Issued 1987 Fountain Place I 1997 Fountain Place II 1998 Castle Ridge 2000 SWB, L.L.C. Project 2001 Eden Glen Apartments Project 2001 Park at City West 2001 Rolling Hills Project 2003 Elim Shores 2010 Prairie Meadows 2014 Castle Ridge - Broadmoar Apts 2016 Eden Glen Apartments Project A 2016 Eden Glen Apartments Project B Total 32 Appendix I: Economic Development and Housing Fund Balances and Projections Appendix II: 2005 Project Status Updates 2005 High Priority Projects Major Center Area (MCA) Wayfinding Signage Status as of March 2017 Priority: High Regulatory Timing: Complete • MNDOT approval for highway signs (also County if 212 Funding: turned back first) • Private/Public Partnership • Financing (80% private, 20% public?) • Special Assessments or Current Status other private sector • MN DOT Turn back and TH61 signage Phase I and Phase II payments completed • Special Service District? • General Growth directional signage back to highways • HRA Levy increase (City- completed wide?) • "Mall" directional signage on ring road completed • Town Center monument sign installed "-EOE4?RA RIE CENTER ? tr CENTER llll Slll� 17, I ` Appendix II: 2005 Project Status Updates 33 Major Center Area (MCA), Park Acquisition Status as of March 2017 (Lake Idlewild portion of Emerson industrial property) Priority: High Regulatory Timing: • Comp. Plan &Zoning Amendments Funding: • If can't require/negotiate Current Status with redevelopment or • Some property will be dedicated to the SW LRT alignment need amenity to catalyze • Emerson Rosemount invested $25 million in major redevelopment, consider renovation of their building (completed in 2013) so grants, park dedication additional redevelopment is unlikely fees, referendum, etc. • Any additional park development will be in conjunction with future redevelopment of the area Fi i. • s Ea ilio a IC lc- ,,,,,...ik , __, , fi,,, ,..„ ,„,/. „ ,.. ,...,„..... , _ _ , i. . i ,. . ,...„..,,,, _ _ • ._, _,._,,.,_, et' c'"' ,4111_ IP% . ok,..-- „ � . ____ ,r,;.--.t ,,,,,...,,,,, . 66i . eo,„ YY � lr4 L ,. . -.:,74,, , LFGEMO , . SrPapmYRean'Yaee bu■Waxai �mmunir • ■Gey lWn' .A 0Yr mV5pue ♦.. . ■.,6a1 AYIm II, ▪..3..orhmannw •Ych+be0-rOYaral 1 ♦ 1, N9h PlirsfjlY f �1S 4 ■Emxvinmun' ■W�e119-0YIXM11� k, . . is NCSYurveWSM•. N9h 27;t ux .ter.'' y' once W./.AwnReua A�F� '^ 1 +/ Q;} '., LIW mamM 1 T 34 Appendix II: 2005 Project Status Updates Singletree Lane Streetscape Status as of March 2017 Priority: High Regulatory Timing: Complete • Comp. Plan Funding: • Potential Zoning Ordinance amendments to require or incent certain • Private improvements with redevelopment • City CIP • TIF Pool Current Status • ED Fund • Town Center Ordinance Adopted • Grants • Singletree Lane Phase I streetscape completed O r I I_ -,. is„ r • ♦ v Golden Triangle Redevelopment of Old Projects Physical Electronics Building Status as of March 2017 (EP Tech Center) As Office and Foss Swim Uses Priority: High Regulatory Timing: Complete • Comp. Plan Amendment and rezoning for office Funding: • PUD Zoning Amendment, Site Plan Review, and plat for • Gap financing—TIF substandard building Foss analysis contract to be Current Status considered by Council; if • Redevelopment completed doesn't qualify, potential tax abatement? mow- 114Le71 roe um, 1 - • 4. unwxc ww+w - • Appendix II: 2005 Project Status Updates 35 Conference Center Projects (With new hotel development potentially on old Best Buy Status as of March 2017 headquarters site or in MCA) Regulatory Priority: High • Refine and adopt Golden Triangle and MCA studies into Timing: 2012-2018 Comp. Plan Funding: • Zoning Amendments as necessary and Site Plan review • Gap financing—TIF if qualifies or tax abatement Current Status for conference center or • Hotel Study conducted in 2016 - Hotel study suggested meeting hall? EP's market best suited for an upscale, select service • Lodging Tax? hotel brand like Aloft, with limited meeting space versus a full service hotel with convention space _ y - - 1 - -_C- - --- ,-- Chestnut Apartment Improvements Projects Status as of March 2017 (Physical and reduce police calls) Current Status • No further action—attempts to engage property owner were not successful Priority: High Timing: . Funding: • Encourage additional private reinvestment • CDBG? • Bond and low interest loan? 36 Appendix II: 2005 Project Status Updates St. John's Woods Housing Improvements Status as of March 2017 Priority: High Timing: Complete Current Status Funding: • Property underwent significant improvements funded by • Insurance Claims insurance claims and HOA funds • HOA Funds Fes` - YN Appendix II: 2005 Project Status Updates 37 2005 Medium Priority Projects Golden Triangle Neighborhood Park Site (10-20 acres to serve up to 3000 new housing units and trail Status as of March 2017 connections) Priority: Medium Timing: 2012-2018 Funding: Regulatory • Park dedication fees? • Refine and adopt GTA Study into Comp. Plan; • Referendum? designate park property • Grants? • Potential rezoning • Potential park dedication amendments (fee increases? Take 10%of acreage plus setback area?) Current Status • No further action—no new housing projects since 2012 Strategic Plan Update Edendale Housing Improvements Status as of March 2017 Regulatory • Multi-family maintenance inspections Current Status • No new requests for assistance with rehabilitation projects been received Priority: Medium Timing: 2012-201841111 Funding: • CDBG? H � Y�' - aide✓ !i q 38 Appendix II: 2005 Project Status Updates Truth-In-Housing (Point of Sale Inspections Status as of March 2017 Priority: Medium Current Status Timing: • No further action—City Council did not express interest in Funding: further consideration Neighborhood Service Areas in SW and NW Areas of City Status as of March 2017 Priority: Medium Current Status Timing: • No further action—City Council did not express interest in Funding: further consideration Appendix II: 2005 Project Status Updates 39 This page is intentionally left blank 40 2017-2020 Strategic Plan for Housing and Economic Development Appendix III: 2012-2018 Project Status Updates Eden Prairie Southwest Light Rail Transit (LRT) 2012 — 2018 Projects Town Center Station & Alignment Status as of March 2017 Priority: High Current Status Timing: Complete • Location C—Regional Center Road Area alignment chosen Funding: Use City Staff • Station deferred until after the line is in service ! i �� 4 r • c- •'.,-':''„,,,'.Ft' lam, ` 4 .,. — ,, ,rr _r r Legend r. Staluon Area w - , t,if :4r'` '?) ' 114,1r2 Nile Radius Rug .. �i?. 9 Aili\ r t.1IFf}U.Y Town Center Station Area C Operation & Maintenance Facilities Site Selection Status as of March 2017 Priority: High Current Status Timing: • No further action—Hopkins chosen as Operation & Funding: Maintenance Facility site Appendix Ill: 2012-2018 Project Status Updates 41 Transitional Station Area Action Plans (TSAAP) Status as of March 2017 Hennepin County,with the collaboration of the Cities of Eden Prairie, Hopkins, Minneapolis, Minnetonka, and St. Louis Park, is hiring a consultant team for the development of Transitional Station Area Action Plans (TSAAP)for the 17 proposed stations Priority: High along the SW LRT line.This work is considered to be part of the Timing: 2012-2013 project development process.The Transitional Station Area Action Funding: Plans are an example of the early integration of LRT engineering and land use/economic development. • Metropolitan Council Grant to County Current Status • City staff time • TSAAP completed for all proposed stations in Eden Prairie, including deferred Town Center Station • Infrastructure improvements have already begun, including W70th Street connection and Shady Oak Road bridge projects `s , , ,_.-*ris k ` kt e1 ,ti�q , - l �.. , I' � , I , . ,_ 4. -1 is 42 Appendix III: 2012-2018 Project Status Updates Town Center Stormwater Analysis Status as of March 2017 Priority: High Current Status Timing: Complete • Eden Prairie Center Mall Stormwater Manager Guide Funding: completed and final copy published September 2014 • Metropolitan Council • Guide assists developer in designing innovative,green, Grant to County Best Management Practices (BMPs)for use on Eden Prairie • City staff time Center and surrounding areas. `'�.'� 7 BSI ��* `� 0 ,: _ .. 0. iitj$ lam MCA Future Land Use Community Engagement Status as of March 2017 Priority: High Timing: Complete Funding: • Metropolitan Council Grant to New American Academy(NAA) • City staff time Current Status • Partnered with Twin Cities LISC on a Corridor Development Initiative (CD!) process,which engaged �r • members of the immigrant community • Collaborated NA h M Corridors of OpportunitywithAin t initiativeseiret to Council help funded • ?''411/4• immigrants learn business/entrepreneurial skills • j). • Appendix III: 2012-2018 Project Status Updates 43 Transit Oriented Development (TOD) Ordinance Status as of March 2017 Regulatory • Comp Plan amendments for TOD Current Status • First reading of the TOD ordinance was approved in Priority: High August 2015 Timing: Complete • Second reading and final adoption of ordinance Funding: approved in Summer 2016 • Metropolitan Council Grant to , ' the City ,i1l.,li , - .. =- • Economic Development Fund '! f @ i rr • rT 1 a ui p.4 F1 1 City staff time t H R , • Comp Plan I,,i �� MiUtl Th L- i q' ,] a Al 4i r • ��~are. - ..r l . 44 Appendix III: 2012-2018 Project Status Updates Economic Development 2012 — 2018 Projects City Center Leases Status as of March 2017 Priority: High • Supervalu signed 5-year lease beginning March 2014, with Timing: Complete Funding: another 14K leased to Supervalu starting early 2016 • City staff time • School District signed a new lease in 2014 Fiscal Impact Modeling (FIM) Status as of March 2017 Priority: Medium Timing: Current Status Funding: • No further action—Department uncertain of the need for • Grants tool and its availability • City Staff Time Web-Based Business Directory Status as of March 2017 Priority: High Current Status Timing: Funding: • Collaborated with City's Communications Division in vetting Shop QA, but decided against moving forward EDEN PRAIRIE MINNESOTA r4 .' .� -- 60 '4 ,Lii :T- . :111 _ I eden prairie Charngpr Of COmrnerCE imse.er..un sv.ru.m onus rua.res .w.Ras w.n.o Appendix III: 2012-2018 Project Status Updates 45 GTA Land Use /Transportation Analysis Status as of March 2017 Priority: Medium Current Status Timing: Complete • Land use analysis completed, including job growth Funding: • ULI forecasting and assumptions • Public Works to completed transportation analysis study as • County Community Works part of 2018 Comp. Plan update • Grants .4114 Veil � Eden Prairie Golden Triangle p' - - ---. - '`. { Rumples NH. t . Convention & Visitors Bureau -Conference Center Status as of March 2017 Hoteliers also expressed need for a large meeting space or Priority: Medium conference center in Eden Prairie. Timing: Funding: Current Status • Private • No further action at this time • TIF • 2016 Hotel study suggested market did not warrant a full • Other service hotel with convention space • Chamber of Commerce not prioritizing project T. f_ al m 7 L. u ♦ 1 . ua.x«..we.K v w.re.•a,.. .,o, 46 Appendix III: 2012-2018 Project Status Updates Shady Oak Bridge Reconstruction Status as of March 2017 Current Status • Reconstruction completed in Summer 2016 Priority: High Timing: Complete .; Funding: ? _ d • Private , • Grants • TIF Pool • City CIP • Grants Singletree Lane/W78th Street Realignment Status as of March 2017 Priority: Low Realignment of Singletree Lane so that Singletree connects with W. Timing: 78th Street was recommended in MCA Study as a near-term Funding: improvement. • State Aid Current Status • City CIP • No further action at this time—Project is identified but is • TIF Poof not included in 10-year Engineering CIP • Southwest LRT Project • Will consider integration with Southwest LRT projects Grants depending on Town Center station area construction Appendix III: 2012-2018 Project Status Updates 47 Housing 2012 — 2018 Projects Homeowner's Association Improvement Grants (HAIG) Status as of March 2017 HAIG facilitates housing improvements for townhome properties with 95% low-moderate income owners. Priority: High Timing: Current Status Funding: • No eligible Homeowner Associations have been identified • Income guidelines cannot be met Corridor Housing Strategy Status as of March 2017 Priority: High Timing: Complete Funding: • Metropolitan Council Grant to ULI Current Status • City staff time • City accepted the Corridor Housing Strategy in June 2016 • City staff is conducting a study of existing housing inventory and future housing/needs trends as part j� =---. - -r of the 2018 Comprehensive Plan Update • i .� 48 Appendix III: 2012-2018 Project Status Updates Extend Affordability of Existing TIF Housing Districts Status as of March 2017 Priority: High Timing: Complete Funding: • TIF State Statute maximizes the term of a TIF Housing • TIF Admin District at 15 years. Following that, the term can be extended for an additional ten year term. Three TIF Districts (The Colony, Summit Place, and _ Lincoln Parc)were extended in 2015, preserving 100 affordable units for an additional 10 years. COLUMBINE , Rehab Grants — Nonprofits Status as of March 2017 Priority: Medium Current Status Timing: Complete . Total grant amounts to non-profit housing rehabilitation Funding: • CDBG projects is$1,072,376 a w „IP sib I ILA xx Appendix III: 2012-2018 Project Status Updates 49 This page is intentionally left blank 50 2017-2020 Strategic Plan for Housing and Economic Development Appendix IV: Detailed Strategic Planning Process (2005-2017) The 2005 Strategic Plan for Housing and Economic Development was a collaborative interdepartmental effort that included City Council input.The plan was revisited in 2008 and 2010. In March,April and May of 2012, a series of three City Council workshops were held in relation to a more comprehensive update of the Strategic Plan.The purpose of these workshops was to update the City Council about the status of the 2005 initiatives and obtain input and direction from the Council for the new strategic plan. In 2016, additional revisions and updates were made to position the strategic planning project goals and process through 2020.The 2017-2020 Strategic Plan for Housing and Economic Development used the 2012-2018 Strategic Plan as a framework for updating the plan for 2017-2020. Divisions within the Community Development Department worked together to provide a draft of project priorities for the October 4 and November 15, 2016 workshops. Future updates to the Strategic Plan will be in 5-year increments to provide a succinct and targeted plan to the Department's housing and economic-related priorities moving forward. 2005 Strategic Planning Process April - 3 Half-day Staff Brainstorming September 2005 Sessions 2005 Strategic Plan September 2005 Strategic Plan City Implementation Council Workshop Strategies Completed Appendix IV: Detail Strategic Planning Process (2005-2017) 51 2012-2018 Strategic Planning Process Economic June 3, 2008 Development City Council Workshop I Special Services January 19, 2010 District City Council Workshop Major Center Area May 4, 2010 City Council Workshop November 2011- Staff Working 2012 Strategic Sessions Implementation May 2012 Strategies Drafted Strategic Overview March 2012 &Status City Council Workshop Strategic Plan April 2012 Affordable Housing City Council Workshop Strategic Plan Priorities& May 2012 Implementation City Council Workshop 2012-2018 Strategic Plan October 2, 2012 Report City Council Workshop and Approval 52 Appendix IV: Detail Strategic Planning Process (2005-2017) 2017-2020 Strategic Planning Process June- 2015-2020 Staff Working Strategic Plan October 2016 Sessions Drafts developed od Economic Development and October 4, 2016 Southwest LRT Projects City Council Workshop Housing Projects November 15, 2016 and Housing Study City Council Workshop December 2016- Finalize drafts March 2017 Council March 21, 2017 Presentation and Approval Appendix IV: Detail Strategic Planning Process (2005-2017) 53