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HomeMy WebLinkAboutCity Council - 09/18/2018 AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, SEPTEMBER 4, 2018 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, 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 Katie O'Connor Workshop-Heritage Rooms I and H(5:30) I. HOUSING REVIEW AND POLICY Open Podium - Council Chamber (6:30) II. OPEN PODIUM A. TOM JENNINGS— 10125 BUCKINGHAM DRIVE—PRAIRE EAST PARK CONCERNS III. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, SEPTEMBER 18, 2018 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. GREEN STEP CITIES AWARDS by Diana McKeown of Great Plains Institute V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, SEPTEMBER 4, 2018 B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 4, 2018 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. CODE AMENDMENT—CHAPTER 11 TRANSIT ORIENTED DEVELOPMENT (TOD)/TOWN CENTER(TC)by City of Eden Prairie. Second Reading of an Ordinance to amend City Code Chapter 11 for consistency between TOD and TC Zoning Districts; Resolution approving Summary Ordinance (Ordinance to Amend City Code Chapter 11, Resolution) C. ADOPT RESOLUTION ACCEPTING ADVERTISING ITEMS AND AUTHORIZING DISPOSAL AS PROMOTIONAL ITEMS D. DECLARE OBSOLETE COMPUTER EQUIPMENT AS SURPLUS CITY COUNCIL AGENDA September 18, 2018 Page 2 E. ADOPT RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF SPECIAL ASSESSMENT ROLL AND SETTING HEARING DATE F. ADOPT RESOLUTION APPROVING PUBLIC WORKS JOINT POWERS MUTUAL AID AGREEMENT G. APPROVE MASTER AGREEMENT FOR CONTRACT SERVICES WITH PARROTT CONTRACTING, INC. FOR WATER AND SEWER UTILITY LEAK REPAIRS H. APPROVE MASTER AGREEMENT FOR CONTRACT SERVICES WITH VALLEY RICH COMPANY, INC. FOR WATER AND SEWER UTILITY LEAK REPAIRS I. APPROVE AMENDMENTS TO EDEN PRAIRIE FIRE RELIEF ASSOCIATION BYLAWS IX. PUBLIC HEARINGS/MEETINGS X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS,AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Staring Lake Park Building Concept Plan and Agreement with DSO Architecture for Building Construction Plans and Specifications E. REPORT OF PUBLIC WORKS DIRECTOR 1. Approval of Layout,Appraisal Values and Easement Acquisition for Duck Lake Road Improvements (Resolution) F. REPORT OF POLICE CHIEF CITY COUNCIL AGENDA September 18, 2018 Page 3 G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ANNOTATED AGENDA DATE: August 31, 2018 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, September 4, 2018 TUESDAY, SEPTEMBER 4, 2018 7:00 PM, COUNCIL CHAMBER I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION Open Podium is an opportunity for Eden Prairie residents to address the City Council on issues related to Eden Prairie city government before each Council meeting, typically the first and third Tuesday of each month, from 6:30 to 6:55 p.m. in the Council Chamber. If you wish to speak at Open Podium, please contact the City Manager's Office at 952.949.8412 by noon of the meeting date with your name, phone number, and subject matter. If time permits after scheduled speakers are finished, the Mayor will open the floor to unscheduled speakers. Open Podium is not recorded or televised. If you have questions about Open Podium,please contact the City Manager's Office. HRA MEETING HRA I. ROLL CALL/CALL THE HRA MEETING TO ORDER HRA II. APPROVE MINUTES OF HRA MEETING HELD ON JANUARY 16, 2018 MOTION: Move to approve the HRA minutes from January 16, 2018. HRA III. ADOPT RESOLUTION TO APPROVE PROPOSED 2019 PROPERTY TAX LEVY TO BE $200,000 AND ACCEPT PROPOSED 2019 BUDGET OF $200,000 MOTION: Move to adopt the resolution to approve the proposed 2019 property tax levy to be $200,00o and accept the proposed 2019 budget of$200,000. HRA IV. ADJOURNMENT MOTION: Move to adjourn the HRA meeting. ANNOTATED AGENDA September 4, 2018 Page 2 COUNCIL MEETING IV. PROCLAMATIONS / PRESENTATIONS A. DIRECT SUPPORT PROFESSIONALS RECOGNITION WEEK PROCLAMATION Synopsis: Eden Prairie is home to a number of residences and businesses that employ direct support professionals (DSPs). The DSP workforce is well over 3.6 million workers in the United States. DSPs provide a broad range of individualized, essential support all while building close, respectful, and trusted relationships with individuals with disabilities. • The Mayor will read the proclamation; and • Terriann Thommes, Hammer Residences Director of Advocacy, will be on-hand to receive the proclamation. 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, AUGUST 21, 2018 B. CITY COUNCIL MEETING HELD TUESDAY, AUGUST 21, 2018 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-E on the Consent Calendar. A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION APPROVING FINAL PLAT OF CEDARCREST STABLES C. AUTHORIZE PURCHASE OF 2019 FORD UTILITY INTERCEPTOR SQUAD CAR D. ADOPT RESOLUTION ORDERING REMOVAL OF HAZARDOUS ANNOTATED AGENDA September 4, 2018 Page 3 CONDITIONS LOCATED AT 9723 DORSET LANE E. DECLARE OFFICE FURNITURE OBSOLETE IX. PUBLIC HEARINGS/MEETINGS A. LIONS TAP SITE IMPROVEMENTS by Stantec Consulting Services, Inc. Resolution for Guide Plan Amendment guiding to Rural and Neighborhood Commercial; First Reading of an Ordinance for Planned Unit Development District Review with waivers and Zoning District Change to Rural and Highway Commercial on 2.2 acres; Resolution for Preliminary Plat from two lots to one lot and one outlot on 11.69 acres (Resolution for Guide Plan Amendment; Ordinance for PUD District Review with waivers and Zoning District Change; Ordinance for Zoning District Change; Resolution for Preliminary Plat) Synopsis: The proposed project includes a number of site improvements on the Lion's Tap property. The property is located at the intersection of Flying Cloud Drive and Spring Road. The restaurant is located on the proposed Lot 1, which is 2.2 acres. The applicant is proposing to plat the undeveloped land north of the restaurant as an outlot. Due to the reconstruction of Flying Cloud Drive and Spring Road, including the realignment of Spring Road to the east, Lion's Tap is proposing to expand and improve their parking lot and add two small vestibules to the building. Access to the site is from Spring Road. MOTION: Move to: • Close the Public Hearing; and • Adopt a Resolution amending the Guide Plan from Neighborhood Commercial to Rural on .22 acres, and to Neighborhood Commercial on .18 acres; and • Approve the Pt Reading of the Ordinance for Planned Unit Development District Review with waivers on 2.2 acres and a Zoning District Change from Rural to Highway Commercial on .25 acres, from right-of-way to Highway Commercial on .51 acres, and • Approve the 1st Reading of a Zoning District Change from Highway Commercial to Rural on .18 acres, from right-of-way to Rural on .03 acres; and • Preliminary Plat from two lots into one lot and one outlot on 11.69 acres; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. B. CODE AMENDMENT—CHAPTER 11 TRANSIT ORIENTED DEVELOPMENT (TOD)/TOWN CENTER(TC)by City of Eden Prairie. First ANNOTATED AGENDA September 4, 2018 Page 4 Reading of an Ordinance to amend City Code Chapter 11 for consistency between the TOD and TC Zoning Districts (Ordinance to amend City Code Chapter 11) Synopsis: The proposed amendments provide consistency between the districts where appropriate. The proposed amendments in the TOD zoning district are primarily housekeeping items, providing more clarity with the current regulations and include minor modifications to definitions within the code. In the TC zoning district, more substantive amendments are being proposed including the addition of regulations for supplemental analysis or studies that may be required to address traffic impacts, traffic demand management, and parking as deemed necessary. Other proposed amendments to the TC zoning district include the addition of regulations for pedestrian and off-street bicycle facilities standards, and revisions to the landscaping regulations to provide clarity and consistency with the TOD district where appropriate. MOTION: Move to: T • Close the Public Hearing; and • Approve 1st Reading of the Ordinance to Amend City Code Section 11.26 and 11.27 to address the TOD and TC zoning district. X. PAYMENT OF CLAIMS MOTION: Move approval of Payment of Claims as submitted (Roll Call Vote). XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUERSTS,AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER 1. Resolution Certifying Proposed 2019 Property Tax Levy,Accepting Proposed 2019 budget, Setting Date for Public Hearing, and Consenting and Approving HRA Tax Levy Synopsis: Minnesota Law and administration rules prescribe a detailed process for public notification and participation in setting taxes and budgets of local governments. Cities must adopt a proposed property tax ANNOTATED AGENDA September 4, 2018 Page 5 levy and certify that amount to the county auditor on or before October 1, 2018. In addition, the City Council must accept a proposed budget for the coming year. The City must announce at this Council meeting the future time and date of the regularly scheduled meetings at which the budget and tax levy will be discussed and public testimony taken. The Council must adopt a final tax levy and budget by December 28. Minnesota Law authorizes the HRA to levy a tax with the consent of the City Council. This resolution gives the consent needed for the HRA. MOTION: Move to adopt the resolution that: • Certifies the proposed 2019 property tax levy to be $38,278,724; and • Sets December 4, 2018, as the meeting which will include discussion of the budget and provide for public comment; and • Accepts the proposed 2019 budget of$50,054,720; and • Consents and approves the HRA tax levy of$200,000. C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. CITY COUNCIL AGENDA DATE: SECTION: Proclamations/Presentations September 18, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/Planning Presentation of the Green Step Cities Step 5 IV.A. Janet Jeremiah/Beth Novak-Krebs Award for 2017 and 2018 Synopsis In 2017 and 2018, the City achieved Step 5 level for the Green Step Cities program. The Steps are awarded based on the sustainability best practices completed by the City each year. Awards for reaching the highest step in 2017 and 2018 are being presented to the City in recognition of all of the City's work in the area of sustainability. Background Minnesota Green Step Cities is a voluntary challenge, assistance, and recognition program to help cities achieve sustainability and quality of life goals. The City has participated in the program since 2011.This free program connects cities to resources and technical assistance to complete up to 29 best practices in the areas of buildings and lighting, transportation, land use, environmental management, and community and economic development. By continuing to implement these best practices, the City is moving towards meeting its sustainability goals. ITEM NO. VI. A. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, SEPTEMBER 4, 2018 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, 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 Katie O'Connor Workshop-Heritage Rooms I and II(5:30) I. HOUSING REVIEW AND POLICY Community Development Director Jeremiah asked for Council feedback for the Aspire 2040 Housing Chapter. Housing and Community Services Manager Stanley provided an overview of current housing and policy and defined affordable housing. Housing is considered affordable if a household spends less than 30 percent of income on housing. In Eden Prairie 17 percent of owner-occupant households and 39 percent of renter households are considered cost-burdened. Most programs employ one or more Area Median Income (AMI) levels between 30 and 115 percent. Income limits are based on household size but the rent limits are based on bedroom size. These are federally determined on an annual basis. Tyra-Lukens inquired if AMI uses pretaxable gross income. Stanley replied yes. Case inquired if AMI fluctuates based on a one or two parent household. Stanley reponded AMI is based on the total number of people in the family. Stanley stated the 2018 AMI for the Twin Cities is $94,300. At 30 percent AMI a four-person household is $28,290. At 115 percent AMI a four-person household is $108,445. The City uses tools such as Community Development Block Grant(CDBG) funds for residents earning no more than 80 percent AMI, Pooled Tax Increment Financing (TIF) to provide first-time homebuyer assistance for households no more than 115 percent AMI, and supports developments using Low Income Housing Tax Credit(LIHTC). According to the Metropolitan Council, about 37.7 percent of units are determined to be affordable in Eden Prairie, a total of 9,614 units. Aho inquired what the breakdown of the 37.7 percent of units are for homes and rentals. Jeremiah replied there are about 900 for-sale affordable units that are 50 percent AMI. Zero City Council Workshop Minutes September 4, 2018 Page 2 units are single-family, one is duplex, and others are condos and townhomes. In this housing market, many of the single-family homes are no longer considered affordable. Stanley stated Metropolitan Council determined a need for 1,408 affordable units between 2021 and 2030. From the 2017 Eden Prairie Housing study, there is a current need for over 1,100 affordable units. Tyra-Lukens inquired how many units the City predicts to develop by 2030. Klima replied the 2040 predicted numbers for household growth added are about 2,500. Stanley noted the Metropolitan Council acknowledges this goal is a stretch. Aho inquired how the Metropolitan Council determines how many affodable units are needed. Stanley replied avereage area income,projected household growth, and types of employment in the area are taken into consideration. Jeremiah noted the Metropolitan Council has indicated the amount of service jobs in the area is a large factor, and people who want those jobs are having difficulty accessing them. Stanley stated there is a need for 80 percent or greater AMI units. Stanley reviewed tools the City utilizes to assist in preserving affordable housing: LIHTC, TIF and pooled TIF, Housing Revenue Bonds, fee reduction and waivers, CDBG funds, and inclusionary housing. Stanley discussed the parameters of inclusionary housing and how the policy can be defined. The Planning Commission recommended the inclusionary housing policy be flexible to allow options, be limited to projects of a minimum size, treat rental and for-sale developments differently, and be revisited frequently. Getschow added many of these TIF units are expiring, which is one of the primary concerns for maintaining affordable units. As a new method, Elevate TIF perpetuity was negotiated. Tyra-Lukens stated a flexibile policy may cause inconsistency. There is potential for the policy to be voluntary, but if there was a request for increase in density or waivers it would trigger a housing requirement. Stanley replied there are communities that operate in that way. Case inquired if there are programs that provide families with money rather than having funds tied to units. Stanley replied the closest example would be the Housing Choice Voucher Program, formerly known as Section 8. There are currently 280 households using vouchers in Eden Prairie. The maximum voucher often leaves the tenant with additional cost to cover the entire rent. There have been discussions of statewide rental assistance programs. Nelson stated there is limited land available for development as we move forward. Some areas may need to be reconsidered for multi-family housing. There is a need for diverse types of housing rather than continuing to build more of what the city already has. Aho added as the amount of available land decreases, the cost of the land itself increases which makes it difficult to maintain affordability. Nelson replied housing needs are not necessarily being met for people to remain in the City. Aho added it is more costly per square foot to build a single story home. Jeremiah stated the City provides plans for standard house remodels. City Council Workshop Minutes September 4, 2018 Page 3 Stanley stated more than 30 percent of a select group of inclusionary rental housing programs maintain affordability for 99 years or perpetuity. There are a lot of communities maintaining long-term affordability between 15 and 99 years. Case inquired if there is data that long-term affordable units negatively affect investors and the ability to remodel and maintain units. There are examples of developments not being built, and affordable units could be a liability for resale. Stanley replied some studies have indicated that may be an overstated worry. Stanley indicated some cities provide incentives such as density bonus, design flexibility, fast track processing, fee reduction, fee waiver, and subsidies. Less common incentives are fee deferral, growth control exemption, and tax abatement. The maximum time frame is 30 years for TIF. Stanley reviewed comparable metropolitan cities inclusionary housing policy terms. Tyra-Lukens inquired how Edina invests the payment in lieu funds. Getschow responded their issue is not investment of funds but rather the amount of developers who choose to do payment. They recently increased the buyout rate, and one project they invested in with those funds was 66 West Apartments. Case inquired about using payment in lieu funds to maintain affordable units when redevelopment occurs. Jeremiah stated pooled TIF has been used in those cases. There is concern with the administrative burden of a pooled fund. Nelson inquired about the terminology of affordability and the stigma associated. Stanley mentioned workforce housing has been another term used. Aho inquired about the period of affordability on for-sale housing. Stanley replied some communities track this. Jeremiah added she does not necessarily recommend this model. Co- ops are able to keep housing costs low since the equity cannot grow too quickly. Stanley stated a formal policy makes for sound policy. Deal-by-deal approaches may invite legal challenges. A formal policy allows developers to know what to expect. Aho stated he prefers to provide developers with a range of options for AMI percentages, and it is most appropriate for new development. Aho stated he is most open to a policy for rental affordability than for-sale. Off-site construction does not apply to the city, and payment in lieu would not be an ideal option. Tyra-Lukens and Nelson agreed with these opinions. Nelson noted the City managed moderately priced housing in the Green Housing development. Tyra-Lukens noted she does not want to give up on incorporating for-sale units. Case agrees this would be ideal for condos and stated we should consider incentivizing. Aho stated the homeowner's association (HOA)becomes a legal burden. Jeremiah stated concern with development rehab and drastic rent increases with the loss of some affordability. A threshold should be considered and vouchers should still be accepted. Open Podium - Council Chamber (6:30) City Council Workshop Minutes September 4, 2018 Page 4 II. OPEN PODIUM A. TOM JENNINGS— 10125 BUCKINGHAM DRIVE—PRAIRE EAST PARK CONCERNS Tom Jennings, 10125 Buckingham Drive, stated without notice to residents the grass was killed and prairie grass was planted at Prairie East Park. He stated this will decrease his property value. Lotthammer stated the prairie plantings include a wide variety of grasses and forbs. The contractor does spray everything first. There has been a standard mix of seeds used throughout the community. It can take a couple of years for some of the plants to grow and establish. Case inquired if mailings are sent to notify residents and to consider providing pictures of what plantings are anticipated to look like. Lotthammer stated in some cases residents are notified about plantings, especially when a burn takes place. Aho added it would be beneficial to utilize signage to explain the transition to native plantings. III. ADJOURNMENT ITEM NO. VI. B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, SEPTEMBER 4, 2018 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, Finance Director Sue Kotchevar, Parks and Recreation Director Jay Lotthammer, City Attorney Ric Rosow, and Council Recorder Jan Curielli I. CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:00 p.m. Council Member Butcher Wickstrom was absent. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. DIRECT SUPPORT PROFESSIONALS RECOGNITION WEEK PROCLAMATION Tyra-Lukens read a proclamation proclaiming the week of September 9-15, 2018, to be Direct Support Professional (DSP) Recognition Week in the City of Eden Prairie. She said Eden Prairie is home to a number of residences and businesses that employ direct support professionals (DSPs). The DSP workforce is well over 3.6 million workers in the United States. DSPs provide a broad range of individualized, essential support all while building close, respectful, and trusted relationships with individuals with disabilities. Terriann Thommas, Hammer Residences Director of Advocacy, reviewed the role of the DSP workforce and thanked the City Council for honoring these professionals and recognizing their work. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS CITY COUNCIL MINUTES September 4, 2018 Page 2 Case added Items XIV.A.1. MOTION: Nelson moved, seconded by Case, to approve the agenda as amended. Motion carried 4-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,AUGUST 21, 2018 MOTION: Aho moved, seconded by Nelson, to approve the minutes of the City Council workshop held Tuesday, August 21, 2018, as published. Motion carried 4-0. B. CITY COUNCIL MEETING HELD TUESDAY,AUGUST 21, 2018 MOTION: Case moved, seconded by Nelson, to approve the minutes of the City Council meeting held Tuesday, August 21, 2018, as published. Motion carried 4-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION NO. 2018-99 APPROVING FINAL PLAT OF CEDARCREST STABLES C. AUTHORIZE PURCHASE OF 2019 FORD UTILITY INTERCEPTOR SQUAD CAR D. ADOPT RESOLUTION NO. 2018-100 ORDERING REMOVAL OF HAZARDOUS CONDITIONS LOCATED AT 9723 DORSET LANE E. DECLARE OFFICE FURNITURE OBSOLETE MOTION: Case moved, seconded by Nelson, to approve Items A-E on the Consent Calendar. Motion carried 4-0. IX. PUBLIC HEARINGS /MEETINGS A. LIONS TAP SITE IMPROVEMENTS by Stantec Consulting Services, Inc. Resolution 2018-101 for Guide Plan amendment guiding to Rural and Neighborhood Commercial; first reading of an ordinance for Planned Unit Development district review with waivers and Zoning district change to Rural and Highway Commercial on 2.2 acres; Resolution 2018-102 for Preliminary Plat from two lots to one lot and one outlot on 11.69 acres (Resolution No. 2018-101 for Guide Plan Amendment; Ordinance for PUD District Review with waivers and Zoning District Change; CITY COUNCIL MINUTES September 4, 2018 Page 3 Ordinance for Zoning District Change; Resolution No.2018-102 for Preliminary Plat) Getschow said in 2014 the Council approved improvements to the Lion's Tap site. Much of what is proposed tonight is similar to that proposal. The property is located at the intersection of Flying Cloud Drive and Spring Road. The restaurant is located on the proposed Lot 1, which is 2.2 acres. The applicant is proposing to plat the undeveloped land north of the restaurant as an outlot. Due to the reconstruction of Flying Cloud Drive and Spring Road, including the realignment of Spring Road to the east, Lion's Tap is proposing to expand and improve their parking lot and to add two small vestibules to the building. Some waivers are requested for the project. He reported the Planning Commission had comments about the screening at the August meeting but did recommend approval of the project on a unanimous vote. Their comments about screening have been included in the plans. John Shardlow, Stantec Consulting, gave a PowerPoint presentation about the project. He noted they were unable to do final approval in 2014 when the project was first given preliminary approval because the design of Spring Road was still in flux and the site is constrained. He reviewed the plans for drainage and infiltration, landscaping, and the parking lot screening. He noted the parking lot screening has been a challenge, but Hennepin County allowed them to plant along the road right-of-way in order to screen the west parking lot. He said staff raised an issue about the gas pump that existed there during the early years of operation; however, the Notermanns received word today the PCA does not feel any further mitigation of the gas pump is necessary. Case asked why the enhanced landscaping was required since there seems to be no potential for residential buildings on the west, south or east of the property. Jeremiah replied the City generally tries to screen headlights from reflecting off a site. Joel Wiegert, 10131 Eden Prairie Road, said he had no issues with the proposed parking lot,but questioned the resolution for preliminary plat as there was no information available on that. He also asked why rezoning was necessary. Jeremiah replied much of the reason for rezoning was because the realignment of the road ended up being a little different than expected. There was a minor adjustment to what is zoned commercial and rural, with quite a bit going into rural zoning and not as much changing from rural to commercial. The resolution for preliminary plat is made to address some of the remnant parcels and to designate an outlot to the north that cannot be developed. Tyra-Lukens asked if the proposal would give more protection to the neighbors. Jeremiah responded that is the intent because the outlot and the rural zoning protects it from development. Mr. Weigert asked if the outlot includes everything that surrounds the building. Jeremiah replied that was correct. MOTION: Case moved, seconded by Aho, to close the public hearing; to adopt CITY COUNCIL MINUTES September 4, 2018 Page 4 Resolution No. 2018-101 amending the Guide Plan from Neighborhood Commercial to Rural on .22 acres, and to Neighborhood Commercial on .18 acres; to approve the first reading of the ordinance for Planned Unit Development District review with waivers on 2.2 acres and a Zoning District change from Rural to Highway Commercial on .25 acres, from right-of-way to Highway Commercial on .51 acres; to approve the first reading of a Zoning District change from Highway Commercial to Rural on .18 acres, from right-of-way to Rural on .03 acres; and to adopt Resolution No. 2018-102for preliminary plat from two lots into one lot and one outlot on 11.69 acres; and to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions. Motion carried 4-0. Tyra-Lukens thanked the proponent for reinvesting in Eden Prairie. B. CODE AMENDMENT—CHAPTER 11 TRANSIT ORIENTED DEVELOPMENT (TOD)/TOWN CENTER(TC)by City of Eden Prairie. First Reading of an Ordinance to amend City Code Chapter 11 for consistency between the TOD and TC Zoning Districts (Ordinance to amend City Code Chapter 11) Getschow said the TC zoning district was developed nine years before the TOD zoning district. The proposed amendments provide consistency between the TOD district and the TC districts where appropriate. The proposed amendments in the TOD zoning district are primarily housekeeping items, providing more clarity with the current regulations and include minor modifications to definitions within the code. In the TC zoning district, more substantive amendments are being proposed including the addition of regulations for supplemental analysis or studies that may be required to address traffic impacts, traffic demand management, and parking as deemed necessary. Other proposed amendments to the TC zoning district include the addition of regulations for pedestrian and off-street bicycle facilities standards, and revisions to the landscaping regulations to provide clarity and consistency with the TOD district where appropriate. There were no comments from the audience. MOTION: Aho moved, seconded by Nelson, to close the public hearing, and to approve first reading of the ordinance to amend City Code Section 11.26 and 11.27 to address the TOD and TC zoning districts. Motion carried 4-0. X. PAYMENT OF CLAIMS MOTION: Nelson moved, seconded by Case, to approve the payment of claims as submitted. Motion was approved on a roll call vote,with Aho, Case, Nelson, and Tyra-Lukens voting "aye." XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS, AND COMMUNICATIONS CITY COUNCIL MINUTES September 4, 2018 Page 5 XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Speeding on Waterford Road—Council Member Case Case said he has been visiting neighborhoods around the City, and the neighbors near Waterford Road complained about speeding from east to west on Waterford. He thought this would be a good example to bring back to staff to discuss alternatives to deal with a speeding issue. Ellis said we regularly receive requests to take action against speeding in neighborhoods. Staff will usually ask for more information to determine patterns. The City can have directed enforcement by the Police Department if there are certain times when the speeding is worse. There are mobile and permanent speed signs available to place in neighborhoods; however, many times it is the people who live in the neighborhood who are speeding. Staff can also check into more permanent solutions, such as traffic circles, that can be used if those would be warranted. Case asked how many digital reading units we have and if they are effective. Ellis said the City has three or four permanently placed units and one mobile unit. He did not know if a permanent speed display would be warranted on Waterford as it is primarily a neighborhood street. Case noted Waterford has a potential to be a cut through from the Preserve; therefore, it might be a candidate for a speed display. B. REPORT OF CITY MANAGER 1. Resolution No. 2018-103 Certifying Proposed 2019 Property Tax Levy, Accepting Proposed 2019 budget, Setting Date for Public Hearing, and Consenting and Approving HRA Tax Levy Getschow said the proposed resolution will set a ceiling and a date in December for the final 2019 tax levy and budget. He explained Eden Prairie prepares a two-year budget; however, we need to certify our budget and levy annually. In 2017 we began preparing the 2018 and 2019 budgets, so this will be the second year of the budget. He noted wages and benefits are pretty close to what was proposed. There is a 2.9% increase in budget and a 2.7%tax levy increase. Budget notices will go out to each taxpayer after the action tonight to let them know the preliminary levy figures. He reported the median value home is worth $386,000 this year, which is an increase from $369,000 over last year, or just under a 4% increase. There is an increase in taxes of less than 2% for the CITY COUNCIL MINUTES September 4, 2018 Page 6 median value home. He noted the budget follows City Council direction to provide a high level of City services at a low price. Case commented the current Council Members have been on the Council for the last ten years, and the levy has gone up only 1.8% over those years. During that time, our City has won many national awards. We continue to have very high approval ratings from our residents in the City survey. He believed this to be the legacy of the current Mayor and Council Members. MOTION: Nelson moved, seconded by Case, to adopt Resolution No. 2018- 103 that: certifies the proposed 2019 property tax levy to be $38,278,724; sets December 4, 2018, as the meeting which will include discussion of the budget and provide for public comment; accepts the proposed 2019 budget of $50,054,720; and consents and approves the HRA tax levy of$200,000. Motion carried 4-0. C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Case moved, seconded by Aho,to adjourn the meeting. Motion carried 4-0. Mayor Tyra-Lukens adjourned the meeting at 7:46 p.m. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 18, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Christy Weigel, Clerk's License Application List VIII.A. Police/ Support Unit These licenses have been approved by the department heads responsible for the licensed activity. Requested Action Motion: Approve the licenses listed below Temporary Liquor Organization: City of Eden Prairie Event: Wine/Beer Tasting Date: Thursday November 1, 2018 Place: Garden Room 8080 Mitchell Road Temporary Liquor Organization: City of Eden Prairie Event: Wine/Beer Tasting Date: Thursday December 6, 2018 Place: Garden Room 8080 Mitchell Road - 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 18, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/Planning Code Amendment—Transit Oriented VIII.B. Janet Jeremiah/Angie Perera Development (TOD)/Town Center(TC) Requested Action Move to: • Approve the 2nd Reading of the Ordinance to Amend City Code Section 11.26 and 11.27 to address the TOD and TC zoning districts ; and • Adopt Resolution Approving the Summary Ordinance and Ordering the publication of said summary. Synopsis This is the final approval of an ordinance relating to regulations for the Transit Oriented Development(TOD) and the Town Center(TC) zoning districts. Attachments Ordinance Exhibit A—Redlined Changes to Section 11.26 & 11.27 Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2018 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CITY CODE CHAPTER 11 BY AMENDING SECTION 11.26 RELATING TO TRANSIT ORIENTED DEVELOPMENT (TOD) AND 11.27 RELATING TO TC TOWN CENTER DISTRICT; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Chapter 11, Sections 11.26 and 11.27 are hereby amended in their entirety as follows: SECTION 11.26. TRANSIT ORIENTED DEVELOPMENT (TOD) Subd. 1. Purposes. The intent of the Transit Oriented Development (TOD) zoning ordinance is to provide for development of attractive, compact, pedestrian-friendly, high density, environmentally and economically sustainable, transit-oriented areas which allow a complementary mix of land uses. A TOD land use pattern supports transit system investments,optimizes development opportunities, and helps achieve many goals and policies outlined in the Eden Prairie Comprehensive Plan. To support the intent of Transit Oriented Development (TOD), the specific purposes of the TOD zoning districts are to: A. Promote high density development within convenient walking and biking distance of a transit station, including increased residential densities, employee densities, and non- residential floor area ratios (FARs); B. Accommodate a complementary mix of market-supportive land uses including residential, office, public (buildings, plazas, open spaces), light industrial, and where appropriate, select commercial uses; C. Ensure building and site design is oriented to public spaces — streets, sidewalks, plazas, open spaces, and the transit station—and emphasizes a pedestrian-friendly environment; D. Support an urban design pattern that encourages active living—the integration of physical activity into daily routines and healthy mobility choices, including walking, biking, riding scooters, and rollerblading, and other forms of pedestrian travel and includes accommodations for persons with disabilities to connect to transit; E. Promote strategies and designs that decrease the need for parking, including compact/mixed-use development patterns, on-street parking,joint use parking, structured parking, access to transit and shuttle services,bike sharing, and car sharing; F. Incorporate public amenities such as parks and plazas, civic spaces, public art, landscaped streetscapes, benches, and sidewalks/trails that provide connections between development sites, transit, and the City's overall sidewalk/trail network; G. Incorporate urban design principles that promote the safety and comfort of residents, employees, visitors, and transit riders; H. Promote high quality and aesthetically attractive building forms that contribute to a positive City image, help to identify the unique characteristics of the location, and enhance the streetscape environment for pedestrians,bicyclists,transit riders,and vehicular drivers;and T. Incorporate sustainability practices relating to building lifespan such as reuse and recycling of materials, energy and water efficiency, storm water management, and economic resilience through lower operating costs. There are three (3) Transit Oriented Development(TOD) zoning districts: A. The TOD-Mixed Use (TOD-MU) district encourages high-density, mixed-use, and pedestrian-oriented development that supports transit usage. B. The TOD-Residential (TOD-R) district allows for moderate- to high-density residential development with some allowance for limited commercial uses. C. The TOD-Employment(TOD-E) district allows for moderate-to high-density office, light industrial and institutional development with some allowance for limited commercial uses. The individual TOD district standards are described in Subdivision 4. Subd. 2.Definitions. A. Transit Oriented Development (TOD) is commonly described as a community or development that mixes residential, office, commercial and open space, and allows for convenient or direct access to public transportation. The design of TOD is specifically influenced by transit and focuses on walkability and connections to other sites as well as transit. B. 10-Minute Walkshed is the area surrounding each of an existing or planned commuter bus or light rail transit station that is accessible by walking within a 10-minute timeframe. C. Commercial Ready — a space constructed to meet a minimum ground floor height that accommodates retail/commercial use as established by City Code Chapter 11. The intent of Commercial Ready standard is to provide the flexibility to occupy ground floor space in accordance with market demand while allowing a future transition to retail/commercial uses as the market dictates. D. Pilaster is a shallow rectangular column placed on a building facade, typically as a decorative architectural element to provide articulation of the building façade. E. Ornamental grillwork is a decorative metal grate placed on a building façade to provide screening and architectural interest along a street front facade. F. Stacked Building is a multi-level structure comprised of single-floor or multi-floor units that are stacked vertically and connected with one or more shared entries. This building type is typically designed for residential, hospitality, or office uses. G. Attached Building is an individual structure on a parcel consisting of multiple similar units arranged side by side where each unit shares a common wall with the adjacent unit. All building entries are located at the ground level facing the primary street or facing a courtyard that is open to the street. H. Flex Building is a building designed to be versatile and may be used in combination with office, research and development, sales/showroom, industrial processing, distribution/warehousing, or high tech. I. Liner Building is a building designed to line the outside of a parking structure along a public street frontage with an active ground floor use. A liner building may also include active upper floors. J. Building Break—A recess in the building façade that provides facade articulation, creates the impression that one building is two or more buildings, incorporates a unique building element, and improves the building's overall composition and aesthetic. Minimum requirements for a building break are a depth of two (2) feet and a width of four(4) feet. K. Building Stepback — A setback of a building's upper floor(s) in order to reduce the building's bulk, articulate the base of the building, ensure a more comfortable street environment, and provide light and air at street level. L. Building Street Frontage — The proportion of a lot's frontage on a public street that is occupied by a building as measured at the required maximum front yard setback. Corner lots must meet maximum front yard setback requirements for both public street frontages. M. Building Transparency — Openings in the street-facing façade of a building which are transparent, including windows and doors that enable increased physical and/or visual interaction between street/sidewalk/plaza activities and a building's interior uses and activities. N. Drive-Thru Facilities — Facilities that accommodate automobiles and from which the occupants of the automobiles may make purchases or transact business, including the stacking spaces needed for waiting vehicles. Examples of drive-thru facilities include, but are not limited to, drive-up windows, menu boards, order boards or boxes, drive-in restaurants and drive-up banks. O. Ground Floor Height—measurement taken from floor to floor P. Joint Use Parking -A parking facility shared by two or more uses, tenants, or properties. Q. Mixed-Use Building—A multi-story building that contains allowed retail and services on the ground floor and allowed residential and/or office uses on the upper floors. R. Neighborhood Commercial — Small-scale retail stores and personal services primarily serving nearby residential areas and nearby businesses and their employees and small-scale specialty shops and services. No individual tenant space shall exceed 10,000 sq. ft. in area with the exception of grocery stores, which shall not exceed 25,000 sq. ft. in area. Drive- thru facilities are prohibited as a neighborhood commercial use. S. Flex Space: A use providing its occupants the flexibility of utilizing the space. Usually provides a configuration allowing a flexible amount of office or showroom space in combination with manufacturing, laboratory, warehouse distribution, etc. T. Visitor Parking: An off street, surface parking areas for motor vehicles that will be parked for short periods of time, and visiting within the Transit Oriented Development district. Visitor parking does not include long term or all day employee parking or parking of delivery vehicles engaged in loading or unloading goods. U. Public Open Space: A publicly or privately owned area designated for use by the public such as a park, trail, sidewalk or plaza that is accessible to the public. Subd. 3.Applicability. A Transit-Oriented Development (TOD) district shall apply to property zoned under this Section. Any provisions contained in this Section 11.26,which are inconsistent with or are in conflict with any other provision of the City Code shall supersede such other provisions. Such properties will generally be within a 10-minute walkshed (the area within a 10-minute walking distance, or roughly a half-mile) of an existing or planned commuter bus or light rail transit station consistent with the Comprehensive Guide Plan. Nonconformities are governed under Minnesota Statutes 462.357, Subdivision 1.e. Development proposals will be reviewed as part of the Site Plan and Architectural Design Review and Planned Unit Development process set out in City Code Chapter 11. Subd. 4. District Development Standards. The following tables and diagrams include development standards for each of the three TOD zoning districts and are intended to illustrate the desired character, form, and scale of development within each district. Additional standards and required conditions that apply across all of the TOD zoning districts are addressed in Subdivisions 5 through 9 of this section. A. Development Standards: Transit Oriented Development-Mixed Use (TOD-MU). STATEMENT OF POLICY: The TOD-Mixed Use (TOD-MU) district encourages high- density, mixed-use, and pedestrian-oriented development that supports transit usage. The TOD-MU district is intended to generally be applied closest to the transit station.Buildings are mid- to high-rise structures with active ground floor uses. A mix of office, residential, hotel, and institutional uses, along with ground floor shops, services, and restaurants encourage activity throughout the day, and provide residents, visitors, transit riders, and employees with amenities and services that support their day-to-day needs within convenient walking distance. The specific permitted uses are set forth below in the chart titled Permitted Uses-TOD-MU District. The diagrams set out below are intended to illustrate the application of the above statement of policy. District Diagram - TOD MU District qqp', ii�, ��t��p��j r^jm�7�WW -' 1i/ m�m4mi. ' Transit s ', ',0 � .' � .�}, ��®,ems �� meq, ,� Station -gym ao��—4,,I. ,i friA mm im i m 9mlc'r: % m ®e 4 - � m mm m , tm$ 50 , ' i man m \ i i � �`\ m�o .�� f , / " •Z 4i;- ` • i/ ^ lj1°1 fp � o •isi, m fo,o /� / �i,�� Ems -4 o h i4Q7T �\ 1Ili d m. ,t t Land Use Character and Built Form - TOD MU District k0 4p tiV Ir a �Q i r prn�ii li ;y .. al AR1(1N Street Wall O.Y-I LII] oru. ammo um , . ' AGM Grou , �4fj �lOud!�` 4 ■ ■' 'j lIl Floor Uses � ��[�, I' ■ i =. - III Awnings ' `C "' 1:-! lL ,f11 Clear Windows Shall.. / Liner Building with Setbacks Active Ground Floor - District Diagram, Land Use Character and Built Form Description: The TOD MU district features a high-density development pattern with stacked mixed-use buildings. Requirements for street-fronted architecture, minimal setbacks, and active ground floor uses contribute to a more safe and walkable street environment. To that end,parking is predominantly provided in structured or underground parking and is located away from primary transit streets. Permitted Uses—TOD-MU District Performance Standards Commercial 1. The ground floor in all buildings in the mixed - Neighborhood commercial use district shall be commercial along the primary - Restaurants and food service transit street and commercial ready along the - Hotels/Hospitality/Lodging secondary transit street. - Day care facility 2. Drive-thrus are only allowed when the drive- Office thru lanes are internally located within the parking - Business and professional offices and structure. clinics - Day care facility 3. Neighborhood Commercial individual tenant Residential space shall not exceed 10,000 sq. ft. in area with - Multiple-Family Dwellings the exception of grocery stores, which shall not exceed 25,000 sq. ft. in area. Public - Public facilities and services - Libraries - Parks - Transit facilities - Transit parking - Parking ramps Public Infrastructure Antennas and Towers,in those locations and subject to the limitations contained in City Code Section 11.06 Off-Street Vehicular Parking Standards—TOD-MU District Use # of spaces (min) # of spaces (max) Multiple-Family Residential 1/dwelling unit (d.u.) 1/bedroom Visitor(Residential) None 1/5 dwellings Retail Stores & Services 3/1,000 sq. ft. Gross Floor 5/1,000 sq. ft. (G.F.A.) Area (G.F.A.) Restaurant 1/3 seats 1/2.5 seats Office 3/1,000 sq. ft. (G.F.A.) 5/1000 sq. ft. (G.F.A.) Hotel 1/guest room+ 1/employee None Others As determined by site plan review. A parking demand study may be required. Proof of parking may be required by the City Engineer to be included as part of a parking demand study. erformance Standard 1. All off-street parking in the TOD-MU District shall be provided in an enclosed building or structure except as follows: residential visitor parking may be provided as surface parking behind buildings or on secondary transit streets as designated in the Comprehensive Guide Plan. Residential developments may provide for visitor parking through on-street and/or district/joint use parking when reviewed and approved through a Planned Unit Development. 2. The location and quantity of off-street parking will be reviewed on a case-by-case basis as part of the development review process. Off-street parking requirements may be reduced if the applicant can demonstrate meeting the requirement through joint use, district, off-site, or on-street See Subdivision 6 for more on off-street parking standards. 3.Parking ramps facing a public street must be lined on the street-facing side with an active ground floor use or commercial ready space. If no upper floor uses are present the ramp must be appropriately screened as required in Subdivision 6. 4. For new development occurring within the TOD Districts, on-street parking along the use's lot frontage may count towards the parking requirements when reviewed and approved through a Planned Unit Development. This count shall be rounded to the nearest whole number. Diagram of Lot and Building Standards- TOD MU District 0 11 1111 �I1� � IIii li Ilk q it 01 „kl ri 111111 Density Standards - TOD MU District Performance Standards. Floor Area Ratio (FAR) 1 1.5 min 1.Parking structures shall not be included in calculation of number of floors and FAR. Residential Density 40 dwelling units/acre min 2. The above diagram is intended to show Lot Standards - TOD MU District the proportion of usable open space Lot Size None required, but not the exact location or distribution. See Subdivision 8 for more (a) Lot Width 50 ft. min requirements on usable open space. (b) Lot Depth 100 ft. min (c) Front Yard Setback(ft.)6 0 min; 10 max 3. Buildings exceeding 40 feet in width (d) Side Yard Setback(ft.) 0 min along a street are required to incorporate articulation in street-facing façades. (e) Rear Yard Setback(ft.) 0 min Articulation includes recesses in the building façade, material changes, or other (g)Usable Outdoor Open 7% min methods of building articulation that break Space 2 down the scale of large buildings and create Impervious Surface 90%max visual interest. Coverage 4. Commercial Use ground floor windows Building Standards - TOD MU District facing a (h) Street Frontage 75% min primary transit street shall not preclude visibility. (f) Total Height (# of floors) 1 4 min, max limited by 5. Within the Commercial Use all buildings language in the shall have a primary entrance facing a Comprehensive public sidewalk or public open space. Plan Building entrances must be provided at least every sixty (60) feet along the primary (i) Ground Floor Height 12 ft. min transit street-facing facade of the building. (j)Upper Floors Stepback 8 ft. min (street facades only) (above 4 floors) 6. Front Yard Setbacks may be increased if outdoor dining or usable open space is (k) Façade Articulation every 40 ft. max proposed as part of a Planned Unit (street facades only)3 Development.Notwithstanding the diagram awnings, decks, overhangs, stairs, steps, (1) Ground Floor 60%min retaining walls and structures, signs or Transparency(street facades bicycle parking, etc. shall not project into only)4 Y p g� p .1 the public right of way. Entry Spacing 6 60 ft. (applicable to Commercial Uses only B. Development Standards: Transit Oriented Development-Residential (TOD-R). STATEMENT OF POLICY: The Transit Oriented Development — Residential (TOD-R) district allows for a mix moderate to high-density housing, including stacked and attached residential building types, as well as limited mixed-use development. Land uses in the TOD- R district shall be residential with a small amount commercial uses (ground floor retail, services, and restaurants) that support the day-to-day needs of residents. The TOD-R district shall generally be applied farther out from the transit station and provides more latitude in density and street frontage requirements while still promoting transit-supportive densities and pedestrian-oriented urban design. The specific permitted uses are set forth below in the chart titled Permitted Uses-TOD-R District. The diagrams set out below are intended to illustrate the application of the above statement of policy. These higher density housing types, both rental and ownership, shall be designed to optimize the district's walkable access to retail, services, restaurants, parks and trails, transit and community facilities. Buildings shall be located and designed to take advantage of views of nearby natural amenities and where significant shading of lower buildings will not occur. District Diagram - TOD R District , \` % e ®BSA A€� aA®A --1- :____, ,i \,`.... 1% :4041f �P "'-, !�' 1011;�� �._PCB,oa. a � !®�w.. > § AAA �� olo� tll``� -��• �ts -- ai as pnr . 1\ Q• BBBe®e�A / 1 %�jqf� ��':� .- ""'. ¥ 000. 1. ire_ --. _ --,, ,, lir_ „ ,..k., I% ' "VI:A' -'-', Sif IA'' --- ilhokt! a� 4. % AAA _'tea, \\':" / Land Use Character and Built Form - TOD R District -q 11EIfl! Ej[� 4011P-40,- ati III fg II 17 p 40.pr 41\ !nil as"IQ 0 0 ; _ do 1 Aller " � ply a a D � IICI 1 Qd D - CC C pl lD IR"��1�' District Diagram, Land Use Character and Built Form Description: The TOD-R district features stacked and attached residential building types, as well as mixed-use building with active ground- floor uses.Requirements for street-fronted architecture and structured parking contribute to a more safe and walkable street environment. Slightly deeper setbacks allow for additional landscaping, gardens, and small front or side yards. Street-facing architectural details such as porches, stoops, and balconies encourage social interaction and contribute to the safety and comfort of the public realm. Permitted Uses—TOD-R District Permitted Uses Performance Standards Commercial 1. All commercial uses shall be limited to the - Neighborhood commercial street level floor of a building along primary - Restaurants and food service transit streets. - Day care facility Office 2. Neighborhood Commercial individual tenant - Business and professional offices and space shall not exceed 10,000 sq. ft. in area with clinics the exception of grocery stores, which shall not - Day care facility exceed 25,000 sq. ft. in area. Residential - Multiple-Family Dwellings 3. Drive-thrus are only allowed when the drive- Public thru lanes are internally located within the parking - Libraries structure. - Parks - Transit facilities - Transit parking - Parking ramps Public Infrastructure Antennas and Towers,in those locations and subject to the limitations contained in City Code Section 11.06 Off-Street Vehicular Parking Standards—TOD-R District m IIIIIIMP Multiple-Family Residential 1 per dwelling unit 1/bedroom Visitor(Residential) None 1/5 dwellings Retail Stores & Services 3/1,000 sq. ft. (G.F.A.) 5/1,000 sq. ft. (G.F. A.) Restaurant 1/3 seats '/2.5 seats Office 3/1,000 sq. ft. (G.F.A.) 5/1000 sq. ft. Others As determined by site plan review. A parking demand study may be required. Proof of parking may be required by the City Engineer to be included as part of a parking demand study. Performance Standards 1. All off-street parking in the TOD-R sub-district shall be provided in an enclosed building or structure except as follows: Residential visitor parking may be provided as surface parking behind buildings or on secondary transit streets as designated in the Comprehensive Guide Plan. Residential developments may provide for visitor parking through on-street and/or district/joint use parking when reviewed and approved through a Planned Unit Development. 2. The location and quantity of off-street parking will be reviewed on a case-by-case basis as part of the development review process. Off-street parking requirements can be reduced if the applicant can demonstrate meeting the requirement through joint use,district,off-site, or on-street parking. See Subdivision 6 for more on off-street parking standards. 3. Parking ramps facing a public street must be must be appropriately screened— as required in Subdivision 6. 4. For new development occurring within the TOD Districts, on-street parking along the use's lot frontage may count towards the parking requirements if reviewed and approved through a Planned Unit Development. This count shall be rounded to the nearest whole number. Diagram of Lot and Building Standards- TOD R District 1 i a 71 i� \ II II I I II MI 9 d II IIII f k apd g - • r"; O 1 . . _—! k II IL + I ° p III ::i Qrp 1 Q u LT Dl III :- ' ' ,i �_o „1coiIEIIl a 0 Density Standards - TOD R District Performance Standards Residential Density 25 dwelling 1. Parking structures shall not be included in units/acre min calculation of number of floors and FAR. Lot Standards - TOD R District 2. The above diagram is intended to show the Lot Size None proportion of usable open space required,but not the exact location or distribution. See (a) Lot Width 50 ft min Subdivision 8 for more requirements on (b) Lot Depth 100 ft min usable open space. (c) Front Yard Setback(ft)6 0 min; 20 max 3. Buildings exceeding 30 feet in width along a street are required to incorporate (d) Side Yard Setback(ft) 10 min articulation in street-facing façades. (e) Rear Yard Setback(ft) 20 min Articulation includes recesses in the building façade,material changes, or other methods of (g)Usable Outdoor Open 10%min building articulation that break down the Space 2 scale of large buildings and create visual Impervious Surface 75%max interest. Coverage 4. Commercial Use ground floor windows Building Standards - TOD R District facing a primary transit street shall not preclude visibility. (h) Street Frontage 60% min (f) Total Height(#of floors)1 2 min, max is limited by 5. Within the Commercial Use all buildings language in the shall have a primary entrance facing a public Comprehensive sidewalk or public open space. Building Plan entrances must be provided at least every sixty(60)feet along the primary transit street- (i) Ground Floor Height 10 ft min facing facade of the building. (j)Upper Floors Stepback 8 ft min (street facades only) (a building step 6. Front Yard Setbacks may be increased if back is required outdoor dining or usable open space is above 4 floors and proposed as part of a Planned Unit encouraged below Development. Notwithstanding the diagram 4 floors) awnings, decks, overhangs, stairs, steps, retaining walls and structures, signs or (k) Facade Articulation Every 30 feet bicycle parking, etc. shall not project into the (street facades only) 3 public right of way. (1) Ground Floor 40%min Transparency(street facades only)4 Entry Spacing 5 60 ft(applicable to Commercial Uses only) C. Development Standards: Transit Oriented Development-Employment (TOD-E). STATEMENT OF POLICY: The Transit Oriented Development—Employment(TOD-E) district allows for a mix of moderate- to high-density office, light industrial and institutional development with some allowance for limited commercial uses. The TOD-E district allows stacked office and mixed use buildings as well as multi-story flex buildings that can accommodate a range of living wage employment opportunities at higher densities. Retail, services, and showrooms are allowed in the district but limited to smaller scale businesses that support the needs of district employees or complement existing light industrial or office uses. The TOD-E district would generally be applied farther out from the transit station and provide more latitude in density and street frontage requirements while still promoting transit-supportive densities and pedestrian-oriented urban design.The diagrams set out below are intended to illustrate the application of the above statement of policy. District Diagram- TOD E District S 491A. _, --'1,,,--.:,, / / \ \* e Land Use Character and Built Form - TOD E District a Via' fl$II x"Q:lbw-- bl-- --� flIIm� „�� l p NN ' 1111111 ��-`f-. - - .��i rArigr 02 Q tii,LI 4 QE Q �, olli i'j'ji ,r tohrprNf� ,i t411%0� ���jr i0 0-0'''00' !,`4`y`; r aQ q q 0 K'j p-oi�„�r 0 0/ s�+� QQ tNill iiUrm� , ',t1 a�/ .. i .L.0 IV, District Diagram, Land Use Character and Built Form Description: The TOD-E district features stacked office and mixed use buildings, as well as multistory flex buildings. Requirements for street-fronted architecture contribute to a more safe and walkable street environment. Slightly deeper setbacks allow for additional landscaping, plazas, and other types of open space. Street adjacent features such as a canopy, awnings, plazas, and courtyards create a safe and welcoming environment. Permitted Uses—TOD-E District Permitted Uses Performance Standards Commercial 1. The ground floor in all buildings in the TOD-E - Neighborhood commercial district shall be commercial ready along the - Restaurants and food service primary transit street. - Day care facility 2. Neighborhood Commercial individual tenant Office space shall not exceed 10,000 sq. ft. in area with - Business and professional offices and the exception of grocery stores, which shall not clinics exceed 25,000 sq. ft. in area. - Day care facility 3. Drive-thrus are only allowed when the drive- Light Industrial thru lanes are internally located within the parking - Manufacturing structure. - Research and design - Wholesale 4. Warehouse and Distribution shall be permitted - Processing in the Light Industrial district as an accessory use. - Packaging Warehouse and Distribution shall not exceed 15% - Showroom of the Gross Floor Area of a structure. - Assembling - Compounding - Flex space - Live/work space such as artist lofts Public - Public facilities and services - Libraries - Parks - Transit facilities - Transit parking - Parking ramps Public Infrastructure Antennas and Towers,in those locations and subject to the limitations contained in City Code Section 11.06 Off-Street Vehicular Parking Standards—TOD-E District Use # of spaces (min) MEI spaces (max) Retail Stores & Services 3/1,000 sq. ft(G.F. A.) 5/1,000 sq. ft(G.F. A.) Restaurant 1/3 seats '/2.5 seats Office 3/1,000 sq. ft(G.F. A.) 5/1000 sq. ft(G.F. A.) Others As determined by site plan review. A parking demand study may be required. Proof of parking may be required by the City Engineer to be included as part of a parking demand study. Performance Standards 1.All off-street parking in the TOD-E District shall be provided in an enclosed building or structure except as follows: visitor parking may be provided as surface parking behind buildings or on secondary transit streets as designated in the Comprehensive Guide Plan. Developments may provide for visitor parking through on-street and/or district/joint use parking when reviewed and approved through a Planned Unit Development. 2. The location and quantity of off-street parking will be reviewed on a case-by-case basis as part of the development review process. Off-street parking requirements can be reduced if the applicant can demonstrate meeting the requirement through joint use, district, off-site, or on-street parking. See Subdivision 6 for more on off-street parking standards. 3. Parking ramps facing a public street must be must be appropriately screened as required in Subdivision 6. 4. For new development occurring within the TOD Districts, on-street parking along the use's lot frontage may count towards the parking requirements when reviewed and approved through a Planned Unit Development. This count shall be rounded to the nearest whole number. Diagram of Lot and Building Standards- TOD E District IMININIIIIMININONINII iiimi.....—, .„...... 1,1. 00 ,,,„,,, ......„, d lliimm /..0 �" Gin jilts .+ sir, .0. � dii iiu ii.. �i ii f J� ■rrf��■' "iii iiii ii�i O 1 ® _ 1■'_, i rr ��, ______ r�r kii SKI illp, ° h I 0 a� Density Standards- TOD E District Performance Standards Floor Area Ratio (FAR) 1 .5 min 1. Parking structures shall not be included in calculation of number of floors and FAR. Lot Standards - TOD E District 2. The above diagram is intended to show the Lot Size None proportion of usable open space required, but (a) Lot Width 100 ft min not the exact location or distribution. See Subdivision 8 for more requirements on (b) Lot Depth 100 ft min usable open space. (c) Front Yard Setback(ft)6 0 min; 20 max 3. Buildings exceeding 50 feet in width along (d) Side Yard Setback(ft) 20 min a street are required to incorporate articulation in street-facing facades. Articulation includes (e) Rear Yard Setback(ft) 20 min recesses in the building façade, material (g)Usable Outdoor Open 5% min changes, or other methods of building Space 2 articulation that break down the scale of large buildings and create visual interest. Impervious Surface Coverage 75%max 4. Commercial Use ground floor windows Building Standards - TOD E District facing a primary transit street shall not preclude visibility. (h) Street Frontage 60%min (f) Total Height (# of floors)1 2 min , max is 5. Within the Commercial Use all buildings limited by shall have a primary entrance facing a public language in the sidewalk or public open space. Building Comprehensive entrances must be provided at least every sixty Plan (60) feet along the primary transit street- facing facade of the building. (i) Ground Floor Height 1-0 12 ft min (j)Upper Floors Stepback 8 ft min 6. Front Yard Setbacks may be increased if (street facades only) (a building step outdoor dining or usable open space is back is required proposed as part of a Planned Unit above 4 floors and Development. Notwithstanding the diagram encouraged below awnings, decks, overhangs, stairs, steps, 4 floors) retaining walls and structures, signs or bicycle parking, etc. shall not project into the public (k) Facade Articulation Every 50 feet right of (street facades only)3 g way. (1) Ground Floor 60% min Transparency(street facades only)4 Entry Spacing 5 60 ft (applicable to Commercial Uses only) Subd. 5. Building Standards. All buildings shall provide pedestrian-oriented design features along streets, sidewalks,pedestrian ways,and pedestrian areas.Buildings and developments shall comply with the following standards for building design and pedestrian orientation: A. Buildings shall have a primary entrance facing a public sidewalk or public open space. B. Primary building entrances shall be architecturally emphasized and highly visible from the street, sidewalk, or pedestrian way,utilizing design features such as protruding or recessed entryways, awnings, canopies, pillars, unique building materials and/or architectural details. Residential buildings shall incorporate elements such as porches, stoops, and balconies that enhance the safety and comfort of the public realm. C. Buildings are required to incorporate articulation in street-facing facades that improves the building's overall composition and aesthetic, and contributes to a more aesthetically and visually interesting and walkable street environment. Articulation includes recesses in the building facade, material changes, or other methods of building articulation that break down the perceived scale of the building or create visual interest. Subd. 6. Off-Street Vehicle Parking Standards. A. Parking structures shall be located behind buildings or located along secondary streets. B. Parking structure facades visible from public streets and public open space shall architecturally complement the building or buildings the parking structure serves through the use of exterior materials, architectural elements, and color. Parking structures shall include architectural elements that enhance the structure, break up its mass, and complement the building or buildings the parking structure serves. Examples of specific architectural elements that assist in meeting this requirement include decorative piers and pilasters, banding, reveals, architectural accents, wall plane articulation, decorative artwork, ornamental grillwork, recessed window openings, façade treatment variations, and locating tenant signs on the side of parking ramps. C. Parking structures may also incorporate liner buildings that screen the parking structure with active street-level uses. Liner building may include upper floor uses, or may utilize appropriate architectural elements as described above. Subd. 7. Pedestrian and Off-Street Bicycle Facility Standards. A. Public sidewalks and/or trails may be required to be constructed by the applicant in conformance with the Comprehensive Guide Plan and/or the City Pedestrian and Bicycle Plan. Design shall conform to the requirements of the City Engineer,Parks and Recreation Director or designee. B. An off-street sidewalk or multi-use trail shall be provided by the applicant that connects the front door of the building to adjacent public sidewalks or trails that are either existing or part contemplated in an approved city trail plan or Capital Improvement Plan. C. Off-Street Bicycle parking shall be provided at the following ratios at the time of initial certificate of occupancy and at the time of enlargement of a structure: 1. Office - minimum of 10 spaces, plus 1 space per 7,500 square feet of gross floor area. 2. Commercial —minimum of 10 spaces, plus 1 space per 3,500 square feet of gross floor area. 3. Public—minimum of 10 spaces, plus 1 space per 3,500 square feet of gross floor area. 4. Light Industrial — minimum of 10 spaces, plus 1 space per 10,000 square feet of gross floor area. 5. Residential - 1 space per 2 dwelling units. D. Location. Bicycle parking shall be located within 50 feet of the primary building entrance(s) and shall not obstruct sidewalks except as approved through a shared bicycle plan as referenced in Sub. 7. G. E. Bicycle racks shall be securely anchored to the ground and on a hard surface. Up to 25 percent of bicycle parking may be temporary or seasonal, but all temporary or seasonal bicycle parking shall be included within the Proof of Bicycle Parking Plan. F. Covered spaces. If twenty(20) or more bicycle spaces are required, then at least fifty(50) percent of the required bicycle spaces shall be covered. Coverage may be provided under roof overhangs or awnings, in bicycle lockers, indoor room, fenced in corral, within adjacent parking structures, or within underground parking structures. G. Shared Bicycle Parking. Shared off-street bicycle parking facilities are allowed to collectively provide bicycle parking in any district for more than one structure or use. The applicant shall demonstrate meeting the requirement through a joint use, district or shared parking agreement. H. Proof of Bicycle Parking. If the applicant demonstrates that the required bicycle parking is in excess of the actual demand, all of the required bicycle parking need not be constructed prior to the issuance of the initial certificate of occupancy for the building being served. Any spaces not constructed, as shown on the site plan, shall be constructed when determined necessary by the City Planner. The area of future parking shall be landscaped, which,landscaping shall not be used to satisfy landscaping requirements. The City Planner shall notify the property owner in writing of the need to construct additional proof of bicycle parking spaces. No more than 50 percent of bicycle parking stalls shall be placed in proof of bicycle parking. Subd. 8. Landscaping and Open Space Standards. A. All sites and buildings within the TOD district shall comply with Screening and Landscaping standards established in Section 11.03 Subd 3(G) of Chapter 11 of the City Code, except for Items 4. (a). Minimum Size Requirements for Plantings and 4. (b) Total Caliper Inches Required. The following standards apply within the TOD district in lieu of said Items 4.(a) and 4.(b): 1. Minimum Size Requirements for Plantings: Deciduous overstory plantings shall be a minimum of three (3) caliper inches; deciduous understory trees shall be a minimum of two (2) caliper inches; and coniferous trees shall be a minimum of eight(8) feet in height. 2. Total Caliper Inches Required: Sites with up to 5 acres of on-site pervious area require a minimum of three (3) caliper inches of trees for every 500 square feet of the on-site pervious surface area. Sites with 5 acres or greater of on-site pervious area require a minimum of three(3) caliper inches of trees for every 750 square feet of the on-site pervious area. Pervious pavement areas, green roofs, and undevelopable areas including but not limited to: wetlands, floodways, archeological resource areas, and water bodies are excluded from the on-site pervious surface area calculation. 3. Planting beds and/or decorative planting containers may replace up to 50% of the required caliper inches for trees at a rate of three (3) caliper inches of trees per 500 square feet of cumulative planting beds and/or decorative planting containers. 4. Planting Beds and/or Decorative Planting Containers: Each planting bed or container shall include a variety of plants which may include shrubs, ornamental grasses,ground cover,vines, annuals, or perennials to provide year round color and interest. Native plant species to the local hardiness zone and those which provide interest and/or color in the winter are encouraged. 5. Existing trees on the developable portions of the site that will remain after construction and/or existing trees on the overall site that provide benefits such as screening may be considered as counting toward a portion of the caliper inches required by this section as determined through the PUD process. Any existing trees proposing to remain shall be determined to be healthy and of the appropriate species as determined by the City. 6. Eco-grass, green roofs,rooftop gardens,limiting irrigation through xeriscaping and rainwater collection and reuse,public art, and other sustainable practices related to landscaping may be considered as counting toward a portion of the caliper inches required by this section as determined through the PUD process. B. Due to the urban character of the TOD District, less landscaping space will be available typically than in other zoning districts.Therefore a higher level of landscaping design detail is required for the concentrated open space, pervious surface areas, plazas, planters, screening areas and streetscape areas. Examples of a higher level of landscaping design include rooftop gardens and green roofs, both of which are encouraged. A detailed landscape plan prepared by a landscape architect shall be submitted with the development application. Other privately owned amenities are encouraged, such as plazas, courtyards, fountains, outdoor art, roof top gardens and green roofs, and other decorative elements. C. The following privately owned and maintained Usable Open Space forms are permitted to meet the requirements for usable outdoor open space: 1. Pocket Park: A Pocket Park is an open space of no less than .05 acres in size that is available for recreation. A Pocket Park may be spatially defined by landscaping rather than building frontages and may be linear in form or shape. A pocket park may consist of a landscaped and maintained lawn, trees, and seating areas that are naturalistically disposed. 2. Square: An open space available for passive recreation and civic purposes. A Square Usable open Space is spatially defined by building frontages. Its landscape shall consist of paths, lawns, trees, hardscape, and public art formally disposed. Square Usable Open Spaces shall be located at the intersection of important main streets. There shall be no minimum size for a square. 3. Plaza: An open space available for public use, community events, and/or commercial activities. A Plaza Usable Open Space shall be spatially defined by building frontages. Its landscape shall consist primarily of hardscape, plantings, public art, and trees. There shall be no minimum size for a Plaza. 4. Play Area: An open space designed and equipped for the recreation of children. A Play Area shall be fenced and may include an open shelter. Play areas shall be interspersed within residential or mixed-use areas and may be placed within a block. Play areas may be included within parks and greens. There shall be no minimum or maximum size. 5. Pedestrian way: Natural or landscaped walking paths and running trails. D. The following shall not constitute Useable Open Space: landscape strips or enlargements/enhancements of landscaping areas adjacent to the sidewalk; shrubs, flowers and other low profile landscaping around buildings, sidewalks and parking areas; required minimum building setback areas; yards associated with private dwellings; or outdoor areas that prohibit public or tenant access during normal business hours. Alternative useable open space areas may be considered as counting toward a portion of the useable open space requirement of this section as determined through the PUD process. Subd. 9. Supplemental Analysis or Study. A. Traffic. All development and zoning projects in the TOD District require documentation of the expected traffic impacts of the development. The scope of the traffic analysis is dependent on several factors including the size, type, and location of the development. The City Engineer should be contacted early in the project to determine the appropriate scope of traffic analysis and to determine if a formal Traffic Impact Study is required. All development applications, regardless of size, shall document the size and type of the proposed development and provide Daily, AM Peak, and PM Peak traffic generation estimates for the development. B. Travel Demand Management(TDM). All development applications for office and light industrial uses shall include a Travel Demand Management (TDM) plan. The plan shall document TDM measures to be implemented, a two year budget, and an evaluation plan. TDM strategies that shall be considered in the TDM plan include, but are not limited to, financial incentives for carpoolers, vanpoolers and bicyclists, subsidized transit passes, preferential location of carpool/vanpool parking, bicycle racks and storage, access to shower and lockers, and promotion of commuter programs. As a condition of approval a TDM cash escrow, letter of credit with a corporation approved by the City Manager or other guarantee acceptable to the City Manager equal to 100% of the cost of implementing the first two years of the TDM Plan will be required. All new residential development applications should consider TDM strategies such as bikeshare and carshare memberships,subsidized transit passes,and an information kiosk onsite. C. Parking. All zoning and development projects in the TOD District require documentation of the parking plan for the project site including the number of required parking spaces, the number of provided parking spaces and any proposed use of proof of parking. The location and quantity of parking will be reviewed on a case-by—case basis as part of the development review process. Based on the specifics of the parking plan for the project site a formal Parking Study may be required. The City Planner should be contacted prior to application and early in the project to review the parking plan for the project and to determine if a formal Parking Study is required. Subd. 10. Architectural Standards. All buildings shall comply with Architectural Standards established in Section 11.03 Subd 3(K) of Chapter 11 of the City Code. Subd. 11. Signage. All sites and buildings shall comply with Sign Permits standards established in Section 11.70. Subd. 12. Lighting. All sites and buildings shall comply with Glare standards established in Section 11.03. Subd. 13. Mechanical Equipment, Trash, Loading Facilities. All sites and buildings shall comply with the Screening standards in Section 11.03 Subd 3(G), Off-Street Loading Facilities standards in Section 11.03 Subd 3(I),Trash and Recycling standards in Section 11.03, Subd. 3(M), and Wastes standards in Section 11.03 Subd 4(F) of Chapter 11 of the City Code. Subd. 14. Tree Replacement. Property within the TOD zoning districts shall be exempt from the Tree Replacement Plan Requirements provided in Section 11.55, Subd.4. SECTION 11.27. TC TOWN CENTER DISTRICT. Subd. 1. Purposes. The intent of the Town Center(TC) zoning district is to provide an area for development of an attractive, compact, walkable, mixed-use town center that creates a live/work/play environment for the community. To support the intent of the Town Center, the purposes of the TC zoning district are to: A. Provide a mix of higher density regional uses, vertical mixed uses, more housing within walking distance of services, and a more efficient, compact and connected development pattern; B. Incorporate connections between the various land uses; including pedestrian, street and visual; C. Incorporate civic amenities such as urban parks and plazas, civic and cultural spaces, sidewalks and trails, and landscaped streetscapes; D. Promote strategies and designs that decrease the need for parking, including compact/mixed—use development patterns, on-street parking,joint use parking, structured parking, access to transit and shuttle services,bike sharing, and car sharing; E. Locate and design buildings that are oriented to public spaces, including streets, sidewalks, plazas and open spaces, to create the feel and function of a traditional town center and to emphasize a pedestrian oriented environment; and F. Encourage non-automobile access and circulation, including transit, walking and biking. G. Support an urban design pattern that encourages active living—the integration of physical activity into daily routines and healthy mobility choices, including walking, biking, riding scooters, and rollerblading, and other forms of pedestrian travel and includes accommodations for persons with disabilities to connect to transit. The standards applicable to the TC zoning district are intended to implement the vision, goals and principles established in the Eden Prairie Major Center Area Framework Plan and Major Center Area Planning Principles and the Town Center Design Guidelines, which will be carried out through specific standards related to land use mix, site planning, building bulk & dimensions, architecture, building materials, transportation access,parking, landscaping, signage and lighting. Subd. 2. Definitions. The following terms, as used in this Section, shall have the following meanings: A. "Building Break"—A recess in the building facade that provides facade articulation,creates the impression that one building is two or more buildings, incorporates a unique building element, and improves the building's overall composition and aesthetic. Minimum requirements for a building break are a depth of two (2) feet and a width of four(4) feet. B. "Building Stepback" — A setback of a building's upper floor(s) in order to reduce the building's bulk, articulate the base of the building, ensure a more comfortable street environment, and provide light and air at street level. C. "Building Street Frontage" — The proportion of a lot's frontage on a public street that is occupied by a building as measured at the required maximum front yard setback. Corner lots must meet maximum front yard setback requirements for both public street frontages. D. "Building Transparency" — Openings in the street-facing façade of a building which are transparent, including windows and doors, that enable increased physical and/or visual interaction between street/sidewalk/plaza activities and a building's interior uses and activities. E. "Community Commercial" — Medium-scale retail stores and personal services primarily serving the residents and employees of the community. No individual building or tenant space shall exceed 60,000 sq. ft. in area. F. "Drive-thru Facilities" — Facilities that accommodate automobiles and from which the occupants of the automobiles may make purchases or transact business, including the stacking spaces needed for waiting vehicles. Examples of drive-thru facilities include, but are not limited to, drive-up windows, menu boards, order boards or boxes, drive-in restaurants and drive-up banks. G. "Ground Floor Height"—measurement taken from floor to floor H. "Joint Use Parking" -A parking facility shared by two or more uses, tenants or properties. I. "Mixed-Use Building" — A multi-story building that contains allowed retail and services on the ground floor and allowed residential and/or office uses on the upper floors. J. "Neighborhood Commercial" — Small-scale retail stores and personal services primarily serving nearby residential areas and nearby businesses and their employees and small-scale specialty shops and services that contribute to the uniqueness and vibrancy of Town Center and may attract a larger trade area. No individual tenant space shall exceed 10,000 sq. ft. in area with the exception of grocery stores, which shall not exceed 25,000 sq. ft. in area. Drive-thru facilities are prohibited as a neighborhood commercial use. K. "Public Open Space"—a publicly or privately owned area such as a park,trail, sidewalk or plaza that is accessible to the public. L. "Usable Outdoor Open Space"—Planned and improved outdoor facilities and open spaces that provide active or passive recreational,relaxation or gathering opportunities, including, but not limited to, any one or more of the following: parks; plazas; play areas; maintained and landscaped lawn with trees and seating areas; natural or landscaped walking paths and running trails; pedestrian spaces; publicly accessible natural or wildlife viewing areas; gardens; ponds and water features; and other similar environments. Usable outdoor open space shall not include: landscape strips or enlargements/enhancements of landscaping areas adjacent to the sidewalk; shrubs, flowers and other low profile landscaping around buildings, sidewalks and parking areas; required minimum building setback areas; yards associated with private dwellings; or outdoor areas that prohibit public or resident access during normal business hours for the area. No areas of usable open space shall contain less than 2,000 contiguous square feet. Usable open space in Mixed Use and Commercial sub- districts should be located near primary building entrances and be accessible by the public from a public sidewalk or streetscape area at least during normal business hours of the surrounding area. M. "Visitor Parking" - An off street, surface parking area for motor vehicles that will be parked for short periods of time, and visiting within the Town Center district. Visitor parking does not include long term or all day employee parking or parking of delivery vehicles engaged in loading or unloading goods. Subd. 3. Sub-Districts. The TC zoning district is divided into three (3) sub-districts: A. Town Center Mixed Use (TC-MU): Town Center Mixed-use requires higher intensity vertical mixed-use buildings with ground floor retail shops, services and restaurants that front onto Town Center's "Main Streets" and are pedestrian-oriented. In order to support a live/work/play environment,the upper floors shall be primarily residential uses,both rental and ownership housing, with a minimal amount of office uses allowed. B. Town Center Residential(TC-R): Town Center Residential allows a mix of stacked housing types including high density high-rise residential and high density mid-rise residential. These higher density housing types, both rental and ownership, shall be designed to optimize the district's walkable access to retail,services,restaurants,parks and trails,transit and community facilities. High rise buildings shall be located and designed to take advantage of views of nearby natural amenities and where significant shading of lower buildings will not occur. C. Town Center Commercial (TC-C): Town Center Commercial allows a mix of lower intensity commercial uses including community retail, services,restaurants, entertainment, office, and hospitality/lodging. Site layout, building design and parking strategies shall support the compact and pedestrian-oriented character of the district. Subd. 4. Design Guidelines. All new development, redevelopment and subdivisions within the Town Center district shall be in substantial conformance with the Town Center Design Guidelines. Development proposals will be reviewed as part of the Site Plan and Architectural Design Review process for conformance with the City Codes and the Design Guidelines. Subd. 5. Permitted Uses. Table 1 establishes the permitted and accessory uses in the TC zoning district. Table 1: Permitted Uses in Town Center District (Permitted=P, Accessory=A) Use TC-MU TC-R TC-C Commercial Neighborhood commercial P Community commercial P Restaurants and food service w/o drive-thru P P facilities Business and professional offices and clinics Al P Hotels P Day care facility P P Antennas and Towers, in those locations and P subject to the limitations contained in City Code Section 11.06. Residential High-rise multiple-family attached dwelling P units with minimum gross density of 60 units per acre Mid-rise multiple-family attached dwelling P units with minimum gross density of 40 units per acre Antennas and Towers, in those locations and P subject to the limitations contained in City Code Section 11.06. Mixed-Use Mid-rise multiple-family attached dwelling P units w/ground floor retail/restaurant/services2 Multi-story office w/ground floor P retail/restaurant/services2 Day care facility P P Antennas and Towers, in those locations and P subject to the limitations contained in City Code Section 11.06. Public Public Infrastructure P P P Libraries P P Parks P P P Transit facilities P P 1 Business and professional offices and clinics shall be located in mixed-use building, shall not be located on the ground floor and shall not occupy more than 25% of upper floors' gross square footage. 2 Ground floor uses with street frontage shall be 100%retail, restaurant and/or services. Source: Ordinance No. 2-2017 Effective Date: 3-16-2017 Subd. 6. Permitted Building Types. The following building types are established as the only types of new buildings allowed within the TC district. A. Building Type A, Vertical Mixed-Use Residential/Commercial. Type A buildings shall have retail, restaurant and/or service uses on the ground floor with residential on the upper floors. Parking may be included below or above the ground floor. B. Building Type B, Vertical Mixed-Use Office/Commercial. C. Building Type C, High-Rise Residential. D. Building Type D, Mid-Rise Residential. E. Building Type E, Entertainment/Restaurant/Services. Type E buildings may include entertainment, restaurant and/or services uses F. Building Type F, Hospitality/Lodging. G. Building Type G, Community Retail. H. Building Type H, Parking Structure. Table 2 establishes where the permitted building types can be located within the Town Center district. Table 2: Permitted Building Types in Town Center District Building Type TC-MU TC-R TC-C Type A P Type B P Type C P Type D P TypeE P Type F P Type G P _ Type H P P P Subd. 7. Required Conditions. A. Zoning applications will be considered only on the basis of the Comprehensive Guide Plan for the entire area to be zoned and specific plans for initial structures and site development. B. Nonconformities are governed under Minnesota Statutes 462.357, Subdivision i.e. C. Development proposals will be reviewed as part of the Site Plan and Architectural Design Review and Planned Unit Development process as set out in City Code Chapter 11. D. Any provisions contained in Section 11.27, which are inconsistent with or are in conflict with any other provision of the City Code shall supersede such other provisions. E. All zoning and development applications must include a trip generation analysis that indicates the traffic impacts on the overall Major Center Area (MCA) and demonstrates that the proposed development is not in conflict with the MCA traffic model. F. Acceptable, approved sanitary sewer and water services must be provided to all occupied structures. Subd. 8. Building Bulk&Dimension Standards. Table 3 establishes specific bulk and dimension standards for new buildings in the Town Center District. Table 3: Building Bulk& Dimension Standards for Town Center District Standard TC-MU TC-R TC-C Lot Size None None None Lot Width 50 ft. min 50 ft. min 50 ft. min Lot Depth 100 ft. min 100 ft. min 100 ft min Front Yard Setback 0 min 10 max 10 min 20 max 0 min 15 max (ft)4 Side Yard Setback 0 min 10 min 5 min (ft.) Rear Yard Setback 0 min 20 min 10 min (ft.) Building Height' 4 min 6 max 4 min 10 max 1 min 3 max2 (#of floors) Building Footprint 50% min 75% 40% min 60% 30%min 50% Coverage max _ max max Floor Area Ratio 2.25 max 2.25 max 0.5 max2 (FAR)1 Building Street 75% min 60%min 50% min Frontage Impervious Surface 90%max 75% max 75% max Coverage Ground Floor Height 12 ft. min None 12 ft. min Street Façade 8 ft. min 8 ft. min N/A Building Stepback (above 4 floors) (above 6 floors) Street Façade 20% min 15% min 15% min Building Breaks3 Street Level 60%min 20% min 40% min Frontage Transparency Usable Outdoor 5%min 10%min N/A Open Space 1 Parking structures shall not be included in calculation of#of Floors, FAR and Building Footprint Coverage. 2 Maximum building height and maximum FAR may be exceeded for permitted hotel, lodging and entertainment uses, when the peak period trips generated is in compliance with the MCA traffic model. 3 Buildings exceeding 40 feet in width along a street are required to incorporate building breaks in the street façade that break the building into smaller facades, which may be a maximum of 40 feet in width. 4 Front Yard Setbacks may be increased if outdoor dining or usable open space is proposed as part of a Planned Unit Development. Awnings, decks, overhangs, stairs, steps, retaining walls and structures, signs or bicycle parking, etc. shall not project into the public right of way. Subd. 9. Non-Residential Building Orientation to Street and Pedestrian Areas. All new mixed-use and commercial buildings shall provide a variety of active uses and pedestrian-oriented design features along streets and pedestrian areas. These design features include,but are not limited to, the use of multiple storefronts or businesses, multiple entrances into large single-tenant buildings, and design treatments of facades, entrances, windows, and other similar features. Buildings and developments shall comply with the following standards for building orientation: A. All new buildings shall have primary entrance doors facing a public sidewalk or public open space and spaced no more than sixty(60) feet apart. A primary entrance is defined as a principal entrance through which people enter the building. A building or individual business may have more than one primary entrance. Building entrances may include doors to individual businesses, lobby entrances, entrances to pedestrian-oriented plazas, or courtyard entrances to a cluster of stores. Primary entrances shall be open to the public during all business hours. B. Primary building entrances shall be architecturally emphasized and visible from the street. Primary building entrances shall be clearly defined and highly visible utilizing design features such as awnings, canopies, pillars, unique building materials and/or architectural details. C. A minimum percentage of a mixed-use and commercial building's street-facing ground level façade between two (2) feet and eight (8) feet in height shall be comprised of clear windows,as specified in the Street Level Frontage Transparency standard in Table 3 above, in order to allow views of indoor non-residential space or product display areas. Required windows shall have a sill no higher than four(4) feet above the adjacent sidewalk. Subd. 10. Off-Street Vehicle Parking Standards. A. Due to the more urban pedestrian oriented character of the Town Center area, the location and quantity of off-street parking spaces will be reviewed on a case-by-case basis as part of the development review process. In general, the intent is for developments to provide a reduced number of off-street parking spaces to account for availability of joint and shared- use parking,parking efficiencies resulting from a compact mixed-use development pattern, on-street parking, transit, walking and bicycling. Off-street parking facilities shall be provided as established in Table 4 or as determined through the development review process, recognizing the potential for district, shared and public parking. Table 4 establishes minimum and maximum off-street parking standards for uses within the Town Center district. Table 4: Off-Street Parking Space Standards for Town Center District _ Use TC-MU TC-R TC-C (# of spaces) (# of spaces) (# of spaces) Minimu Maximum Minimu Maximum Minimum Maximu m m m Multiple- 1/ 1/bedroom 1/, 1/ N/A N/A Family dwelling dwelling bedroom Residential unit unit Retail 3/1,000 5/1,000 N/A N/A 3/1,000 5/1,000 Stores & sq. ft. sq. ft sq. ft. sq. ft. Services (G.F.A.) (G.F.A.) (G.F.A.) (G.F.A.) Restaurant 1/3 seats 1/2.5 seats N/A N/A 1/3 seats 1 / 2.5seats Office 3/1,000 4/1,000 N/A N/A 3/1,000 sq. 5/1,000 sq. ft. sq. ft. ft. (G.F.A.) sq. ft. (G.F.A.) (G.F.A.) (G.F.A.) Hotel N/A N/A N/A N/A 1/guest room N/A +1/employee Visitor N/A 1/5 dwelling N/A 1/5 N/A N/A units dwelling units Others As determined by site plan review. A parking demand study may be required. Proof of parking may be required by the City Engineer to be included as part of a parking demand study. B. On-site parking is prohibited in the front yard directly in front of a building, except for frontage along Highway 212. Parking shall be provided to the rear or side of buildings. C. All parking in the TC-MU sub-district shall be in a parking structure or on the street. D. All off-street parking for residents in the TC-R sub-district shall be provided in an enclosed building or structure. E. Parking structure facades visible from public streets and public open spaces shall architecturally complement the building or buildings the parking structure serves through the use of exterior materials, architectural elements, and color. Parking structures shall include architectural elements that enhance the structure, break up its mass, and complement the building or buildings the parking structure serves. Examples of specific architectural elements that assist in meeting this requirement include decorative piers and pilasters, banding, reveals, architectural accents, wall plane articulation, decorative artwork, ornamental grillwork, recessed window openings, façade treatment variations, and locating tenant signs on the side of parking ramps. F. Parking structures may also incorporate liner buildings that screen the parking structure with active street-level uses. Liner building may include upper floor uses or may utilize appropriate architectural elements as described above. G. The location and design of off-street parking will be reviewed on a case-by—case basis as part of the development review process. Off-street parking requirements may be reduced if the applicant demonstrates meeting the requirement through join use, district, off-site, or on-street parking. H. Parking ramps facing a public street must be lined on the street-facing side with an active ground floor use or commercial ready space. If no upper floor uses are present the ramp must be appropriately screened as required. I. For new development occurring within the TC Districts, on-street parking along the uses's lot frontage may count towards the parking requirements when reviewed and approved through a Planned Unit Development. This count shall be rounded to the nearest whole number. J. Parking structures shall not be included in calculation of number of floors and FAR. Subd. 11. Supplemental Analysis or Study. A. Traffic. All development and zoning projects in the TC District require documentation of the expected traffic impacts of the development. The scope of the traffic analysis is dependent on several factors including the size,type, and location of the development. The City Engineer should be contacted early in the project to determine the appropriate scope of the traffic analysis and to determine if a formal Traffic Impact Study is required. All development applications, regardless of size, shall document the size and type of the proposed development and provide Daily, AM Peak, and PM Peak traffic generation estimates for the development. B. Traffic Demand Management(TDM).All development applications for office uses shall include a Travel Demand Management (TDM) plan. The plan shall document TDM measures to be implemented, a two year budget, and an evaluation plan. TDM strategies that should be considered in the TDM plan include, but are not limited to, financial incentives for car poolers,van poolers and bicyclists, subsidized transit passes,preferential location of carpool/vanpool parking, bicycle racks and storage, access to shower and lockers, and promotion of commuter programs. As a condition of approval a TDM cash escrow,letter of credit with a corporation approved by the City Manager or other guarantee acceptable to the City Manager equal to 100% of the cost of implementing the first two years of the TDM Plan will be required. All new residential development applications should consider TDM strategies such as bikeshare and carshare memberships, subsidized transit passes, and an information kiosk onsite. C. Parking.All zoning and development projects in the TC District require documentation of the parking plan for the project site including the number of required parking spaces, the number of provided parking spaces and any proposed use of proof of parking. The location and quantity of parking will be reviewed on a case-by-case basis as part of the development review process. Based on the specifics of the parking plan for the project site a formal Parking Study may be required. The City Planner should be contacted prior to application and early in the project to review the parking plan for the project and to determine if a formal Parking Study is required. Subd. 12. Pedestrian and Off-Street Bicycle Facility Standards. A. Public sidewalks and/or trails may be required to be constructed by the applicant in conformance with the Comprehensive Guide Plan and/or the City Pedestrian and Bicycle Plan. Design shall conform to the requirements of the City Engineer,Parks and Recreation Director or designee. B. An off-street sidewalk or multi-use trail shall be provided by the applicant that connects the front door of the building to adjacent public sidewalks or trails that are either existing or contemplated in an approved city trail plan or Capital Improvement Plan. C. Off-Street Bicycle parking shall be provided at the following ratios at the time of initial certificate of occupancy and at the time of an enlargement of a structure: 1. Office - minimum of 10 spaces, plus 1 space per 7,500 square feet of gross floor area. 2. Commercial —minimum of 10 spaces, plus 1 space per 3,500 square feet of gross floor area. 3. Public- minimum of 10 spaces, plus 1 space per 3,500 square feet of gross floor area. 4. Light Industrial — minimum of 10 spaces, plus 1 space per 10,000 square feet of gross floor area. 5. Residential - 1 space per 2 dwelling units. D. Location. Bicycle parking shall be located within 50 feet of the primary building entrance(s) and shall not obstruct sidewalks except as approved through a shared bicycle plan as referenced in Sub. 12. G. E. Bicycle racks shall be securely anchored to the ground and on a hard surface. Up to 25 percent of bicycle parking may be temporary or seasonal, but all temporary or seasonal bicycle parking shall be included within the Proof of Bicycle Parking plan. F. Covered spaces. If twenty(20) or more bicycle spaces are required, then at least fifty(50) percent of the required bicycle spaces shall be covered. Coverage may be provided under roof overhangs or awnings, in bicycle lockers, indoor room, fenced in corral, within adjacent parking structures, or within underground parking structures. G. Shared Bicycle Parking. Shared off-street bicycle parking facilities are allowed to collectively provide bicycle parking in any district for more than one structure or use. The applicant shall demonstrate meeting the requirement through a joint use, district or shared parking agreement. H. Proof of Bicycle Parking. Any bicycle parking not constructed, as shown on the site plan, shall be constructed when determined necessary by the City Planner. If the applicant demonstrates to the satisfaction of the City Planner that the required bicycle parking is in excess of the actual demand, all of the required bicycle parking need not be constructed prior to the issuance of the initial certificate of occupancy for the building being served. The area of future parking shall be landscaped, which landscaping shall not be used to satisfy landscaping requirements. The City Planner shall notify the property owner in writing of the need to construct additional proof of bicycle parking spaces. No more than 50 percent of bicycle parking stalls may be placed in proof of bicycle parking. Subd. 13. Architectural Standards. All buildings shall comply with Architectural Standards established in Section 11.03 Subd 3(K) of Chapter 11 of the City Code and shall be in substantial conformance with the Town Center Design Guidelines. Subd. 14. Landscaping. A. All sites and buildings within the TC district shall comply with Screening and Landscaping standards established in Section 11.03 Subd 3(G) of Chapter 11 of the City Code, except for Items 4. (a). Minimum Size Requirements for Plantings and 4. (b) Total Caliper Inches Required. The following standards apply within the TC district in lieu of said Item 4.(a): 1. Minimum Size Requirements for Plantings: Deciduous overstory plantings shall be a minimum of three (3) caliper inches; deciduous understory trees shall be a minimum of two (2) caliper inches; and coniferous trees shall be a minimum of eight (8) feet in height. 2. Total Caliper Inches Required: Sites up to up to 5 acres of on-site pervious area require a minimum of three (3) caliper inches of trees for every 500 square feet of the on-site pervious surface area. Sites with 5 acres or greater of on-site pervious area require a minimum of three (3) caliper inches of trees for every 750 square feet of the on-site pervious area. Pervious pavement areas, green roofs, and undevelopable areas including but not limited to: wetlands, floodways, archeological resource areas, and water bodies are excluded from the on-site pervious surface area calculation. 3. Planting beds and/or decorative planting containers may replace up to 50% of the required caliper inches for trees at a rate of three (3) caliper inches of trees per 500 square feet of cumulative planting beds and/or decorative planting containers. 4. Planting Beds and/or Decorative Planting Containers: Each planting bed or container shall include a variety of plants which may include shrubs, ornamental grasses, ground cover, vines, annuals, or perennials to provide year round color and interest. Native plant species to the local hardiness zone and those which provide interest and/or color in the winter are encouraged. 5. Existing trees on the developable portions of the site that will remain after construction and/or existing trees on the overall site that provide benefits such as screening may be considered as counting toward a portion of the caliper inches required by this section as determined through the PUD process. Any existing trees proposing to remain shall be determined to be healthy and of the appropriate species as determined by the City. 6. Eco-grass, green roofs, rooftop gardens, limiting irrigation through xeriscaping and rainwater collection and reuse, public art, and other sustainable practices related to landscaping may be considered as counting toward a portion of the caliper inches required by this section as determined through the PUD process. B. Landscaping shall be in substantial conformance with the Town Center Design Guidelines. Due to the urban character of the Town Center District, less landscape space will be available than in other zoning districts. Therefore a higher level of design detail and level of landscaping is required for the concentrated open space, pervious surface areas, plazas, planters, screening areas and streetscape areas. Rooftop gardens and green roofs are encouraged. A detailed landscape plan prepared by a landscape architect shall be submitted with the development application. Subd. 15. Signage. All sites and buildings shall comply with Sign Permits standards established in Section 11.70 and shall be in substantial conformance with the Town Center Design Guidelines. Subd. 16. Lighting. All sites and buildings shall comply with Glare standards established in Section 11.03 Subd 4(E) and shall be in substantial conformance with the Town Center Design Guidelines. Subd. 17. Mechanical Equipment, Trash, Loading Facilities. All sites and buildings shall comply with the Screening standards in Section 11.03 Subd 3(G), Off-Street Loading Facilities standards in Section 11.03 Subd 3(I) and Wastes standards in Section 11.03 Subd 4(F) of Chapter 11 of the City Code and shall be in substantial conformance with the Town Center Design Guidelines. Section 2. 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 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 4th day of September, 2018 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 18th day of September, 2018. Kathleen Porta, City Clerk Ron Case, Acting Mayor PUBLISHED in the Eden Prairie News on EXHIBIT A SECTION 11.26.TRANSIT ORIENTED DEVELOPMENT(TOD) Subd. 1.Purposes. The intent of the Transit Oriented Development(TOD)zoning ordinance is to provide for development of attractive, compact, pedestrian-friendly, high density, environmentally and economically sustainable, transit-oriented areas which allow a complementary mix of land uses.A TOD land use pattern supports transit system investments,optimizes development opportunities, and helps achieve many goals and policies outlined in the Eden Prairie Comprehensive Plan.To support the intent of Transit Oriented Development(TOD),the specific purposes of the TOD zoning districts are to: A. Promote high density development within convenient walking and biking distance of a transit station, including increased residential densities,employee densities,and non-residential floor area ratios(FARs); B. Accommodate a complementary mix of market-supportive land uses including residential, office, public (buildings,plazas,open spaces),light industrial,and where appropriate,select commercial uses; C. Ensure building and site design is oriented to public spaces—streets,sidewalks,plazas,open spaces,and the transit station—and emphasizes a pedestrian-friendly environment; D. Support an urban design pattern that encourages active living—the integration of physical activity into daily routines and healthy mobility choices,including walking,biking,riding scooters,and rollerblading,and other forms of pedestrian travel and includes accommodations for persons with disabilities to connect to transit; E. Promote strategies and designs that decrease the need for parking needs and requirement, including compact/mixed-use development patterns,on-street parking,joint use parking, structured parking, access to transit and shuttle services,bike sharing,and car sharing; F. Incorporate public amenities such as parks and plazas, civic spaces, public art, landscaped streetscapes, benches, and sidewalks/trails that provide connections between development sites, transit, and the City's overall sidewalk/trail network; G. Incorporate urban design principles that promote the safety and comfort of residents,employees,visitors,and transit riders; H. Promote high quality and aesthetically attractive building forms that contribute to a positive City image,help to identify the unique characteristics of the location,and enhance the streetscape environment for pedestrians, bicyclists,transit riders,and vehicular drivers;and I. Incorporate sustainability practices relating to building lifespan such as reuse and recycling of materials, energy and water efficiency, storm water management, and economic resilience through lower operating costs. There are three(3)Transit Oriented Development(TOD)zoning districts: A. The TOD-Mixed Use (TOD-MU) district encourages high-density, mixed-use, and pedestrian-oriented development that supports transit usage. B. The TOD-Residential (TOD-R) district allows for moderate- to high-density residential development with some allowance for limited commercial uses. C. The TOD-Employment (TOD-E) district allows for moderate- to high-density office, light industrial and institutional development with some allowance for limited commercial uses. The individual TOD district standards are described in Subdivision 4. Subd.2.Definitions. A. Transit Oriented Development(TOD)is commonly described as a community or development that mixes residential,office,commercial and open space,and allows for convenient or direct access to public transportation. The design of TOD is specifically influenced by transit and focuses on walkability and—connections to other sites as well as transit. B. 10-Minute Walkshed is the area surrounding each of an existing or planned commuter bus or light rail transit station that is accessible by walking within a 10-minute timeframe. C. Commercial Ready — a space constructed to meet a minimum ground floor height that accommodates retail/commercial use as established by City Code Chapter 11. The intent of Commercial Ready standard is to provide the flexibility to occupy ground floor space in accordance with market demand while allowing a future transition to retail/commercial uses as the market dictates. D. Pilaster is a shallow rectangular column placed on a building façade,typically as a decorative architectural element to provide articulation of the building façade. E. Ornamental grillwork is a decorative metal grate placed on a building façade to provide screening and architectural interest along a street front facade. F. Stacked Building is a multi-level structure comprised of single-floor or multi-floor units that are stacked vertically and connected with one or more shared entries. This building type is typically designed for residential,hospitality,or office uses. G. Attached Building is an individual structure on a parcel consisting of multiple similar units arranged side by side where each unit shares a common wall with the adjacent unit. All building entries are located at the ground level facing the primary street or facing a courtyard that is open to the street. H. Flex Building is a building designed to be versatile and may be used in combination with office, research and development,sales/showroom,industrial processing,distribution/warehousing,or high tech. I. Liner Building is a building designed to line the outside of a parking structure along a public street frontage with an active ground floor use.A liner building may also include active upper floors. J. Building Break—Include rcccsscs,A recess in the building façade, material changes, or other methods of building that provides facade articulation that br ak down the perceived scale of the building or cr ate visual interest. Building br aks create, creates the impression that one building is two or more buildings,. incorporates a unique building element, and improveimproves the building's overall composition and aesthetic.Minimum requirements for a building break are a depth of two(2)feet and a width of four(4)feet. K. Building Stepback—A setback of a building's upper floor(s)in order to reduce the building's bulk,articulate the base of the building, ensure a more comfortable street environment, and provide light and air at street level. L. Building Street Frontage—The proportion of a lot's frontage on a public street that is occupied by a building as measured at the required maximum front yard setback.Corner lots must meet maximum front yard setback requirements for both public street frontages. M. Building Transparency—Openings in the street-facing façade of a building which are transparent,including windows and doors that enable increased physical and/or visual interaction between street/sidewalk/plaza activities and a building's interior uses and activities. N. Drive-Thru Facilities — Facilities that accommodate automobiles and from which the occupants of the automobiles may make purchases or transact business, including the stacking spaces needed for waiting vehicles. Examples of drive-thru facilities include,but are not limited to, drive-up windows, menu boards, order boards or boxes,drive-in restaurants and drive-up banks. O. Ground Floor Height—measurement taken from floor to floor QP. Joint Use Parking-A parking facility shared by two or more uses,tenants,or properties. P.Q. Mixed-Use Building—A multi-story building that contains allowed retail and services on the ground floor and allowed residential and/or office uses on the upper floors. Q.R. Neighborhood Commercial — _Small-=scale retail stores and personal services primarily serving nearby residential areas and nearby businesses and their employees and small-=scale specialty shops and services-as further dcfincd. No individual tenant space shall exceed 10,000 sq. ft. in area with the Comprchcnsivo Planexception of grocery stores, which shall not exceed 25,000 sq. ft. in area. Drive-thru facilities are prohibited as a neighborhood commercial use. RS. Flex Space: A use providing its occupants the flexibility of utilizing the space. Usually provides a configuration allowing a flexible amount of office or showroom space in combination with manufacturing, laboratory,warehouse distribution,etc. Sr.T. Visitor Parking:An off street,surface parking areas for motor vehicles that will be parked for short periods of time,,and visiting within the Transit Oriented Development district.Visitor parking does not include long term or all day employee parking or parking of delivery vehicles engaged in loading or unloading goods. Public Open Space: AnA publicly or privately owned area designated for use by the public such as a park, trail,sidewalk or plaza.-that is accessible to the public. Subd.3.Applicability. A Transit-Oriented Development (TOD) district shall apply to property zoned under this Section. Any provisions contained in this Section 11.26, which are inconsistent with or are in conflict with any other provision of the City Code shall supersede such other provisions. Such properties will generally be within a 10-minute walkshed(the area within a 10-minute walking distance, or roughly a half-mile) of an existing or planned commuter bus or light rail transit station consistent with the Comprehensive Guide Plan. Nonconformities are governed under Minnesota Statutes 462.357,Subdivision 1.e as the same may be amended., Development proposals will be reviewed as part of the Site Plan and Architectural Design Review and Planned Unit Development process set out in City Code Chapter 11. Subd.4.District Development Standards. The following tables and diagrams include development standards for each of the three TOD zoning districts and are intended to illustrate the desired character,form,and scale of development within each district.Additional standards and required conditions that apply across all of the TOD zoning districts are addressed in Subdivisions 5 through 9 of this section. A. Development Standards: Transit Oriented Development-Mixed Use(TOD-MU). STATEMENT OF POLICY: The TOD-Mixed Use(TOD-MU)district encourages high-density,mixed-use, and pedestrian-oriented development that supports transit usage. The TOD-MU district is intended to generally be applied closest to the transit station.Buildings are mid-to high-rise structures with active ground floor uses.A mix of office,residential,hotel,and institutional uses,along with ground floor shops, services, and restaurants encourage activity throughout the day, and provide residents, visitors, transit riders, and employees with amenities and services that support their day-to-day needs within convenient walking distance.The specific permitted uses are set forth below in the chart titled Permitted Uses-TOD-MU District. The diagrams set out below are intended to illustrate the application of the above statement of policy. �� Wit` \ .IL r Pam\ y y \`4 `- f i�'� � � li �'- A.00 Oil � ��., �,'�,mli 4 ml nqi , . � _\ .-t' 001,6 mmmm ,i Transit 1� r \ , 7®" - mm�wmm, Station as m� 4��'� m ayw as,,,` . i mom tt ?mm 1mn Ili .ii 0 wfIG 014 m s ,'a_. a mi - ,� 141 irnl %!./ �.+gi m mm / I� ,r mm a�� .yip .;. / mm Ln: mero _ 1a�i l` ��. �r SKI �m0 mLT, ,,..r0 oye.,- i I,matlt r i °m s� mamm ��m . \ \ os!a sa e„t ��II I \ / `�I \ r,c 96,' m, mo o, 0i1s i� r ra i r _ Illa �' �In.rm�'qti9 qqi n�ar.���+���N1DA %Illibboopswjtip 14 ao Z !!n�b4 4� T 01010,1�®e 0, 1 i I i 94,-- '+..7 Continuous p.g1�i, Ililil,itid �rEJ �l ■ It • ! i Street Wall oQo� d� V ip otio i,- ■ • • • I r III t. r1il� �1f11tin- .' I I i II I m I It .Y Active 3roun. � V 114E:i 1::] �iil�'nn -. v MII I r II U 4 : �� ii �.-_ Floor Uses 1 o I I Awnings& - J Clear Windows / -: a]1, Shall. // Liner Building with �'__ � ,®� __ Setbacks Active Ground Floor -- __ - ._ 4.: ��\ � p 4 - � `g0 �4% ki , � �1�� , . i -a �,® iiim n \A '.s. dt— ' ,...o0/ei * IT., mil hi % ,iimt1 a `` `�f , -,y fir _ � - _ .- .a.S. _s _ - _ Continuous .1 ., ti�1. [Ali i,� q--] r 1 RTy1i ���ri" . a ■ : ■ Street wall ` � - 1 .❑ Jti.„:,, . . i i M i' ....., ...... - _J Alive Gro r , , • ., „._ D ,'. r ■r @r - - a Floor Uses • � III - _ , Awnings , Clear Windows Shall.• Liner Building with ' " 44 v Setbacks Active Ground Floor �I-- District Diagram, Land Use Character and Built Form Description: The TOD MU district f ntures a high density development pattern with stacked mixed use buildings.Requirements for street fronted architecture,minimal setbacks,and Built Form Description: The TOD MU district features a high-density development pattern with stacked mixed-use buildings.Requirements for street-fronted architecture,minimal setbacks,and active ground floor uses contribute to a more safe and walkable street environment.To that end,parking is predominantly provided in structured or underground parking and is located away from primary transit streets. Permitted Uses—TOD-MU District 'ermitted Uses Performance Standards —.1M Commercial 1. The ground floor in all buildings in the mixed use district - Neighborhood commercial shall be commercial along the primary transit street and - Restaurants and food service commercial ready along the secondary transit street. - Hotels/Hospitality/Lodging 2.Drive-thrus are only allowed when the drive-thru lanes are - Day care facility internally located within the parking structure. Office - Business and professional offices and clinics 3. Neighborhood Commercial individual tenant space shall Day care facility not exceed 10,000 sq.ft.in area with the exception of grocery Residential stores,which shall not exceed 25,000 sq. ft. in area. - Multiple-Family Dwellings Public - Public facilities and services - Libraries - Parks - Transit facilities - Transit parking - Parking ramps Public Infrastructure Antennas and Towers,in those locations and subject to the limitations contained in City Code Section 11.06 Off-Street Vehicular Parking Standards—TOD-MU District 111=1111-- Use #of spaces(min) #of spaces(max) Multiple-Family Residential 1/dwelling unit(d.u.) 1/bedroom Visitor(Residential) None 1/5 dwellings Retail Stores&Services 3/1,000 sq_ft. Gross Floor Area 5/1,000 sq,ft(G.F.A.) (G.F.A.) Restaurant 1/3 seats 1/2.5 seats Office 3/1,000 sq,ft. (G.F.A.) 5/1000 sq_ft(G.F.A.) Hotel 1/guest room+ 1/employee None Others As determined by site plan review. A parking demand study may be required. Proof of parking may be required by the City Engineer to be included as part of a parking demand study_ Performance Standards 1. All off-street parking in the TOD-MU District shall be provided in an enclosed building or structure except as follows:residential visitor parking may be provided as surface parking behind buildings or on secondary transit streets as designated in the Comprehensive Guide Plan. Residential developments may provide for visitor parking through on-street and/or district/joint use parking when reviewed and approved through a Planned Unit Development. 2. The location and quantity of off-street parking will be reviewed on a case-by-case basis as part of the development review process. Off-street parking requirements may be reduced if the applicant can demonstrate meeting the requirement through joint use,district,off-site,or on-street See Subdivision 6 for more on off-street parking standards. 3. Parking ramps facing a public street must be lined on the street-facing side with an active ground floor use or commercial ready space. If no upper floor uses are present the ramp must be appropriately screened as required in Subdivision 6. 4. For new development occurring within the TOD Districts,on-street parking along the use's lot frontage may count towards the parking requirements when reviewed and approved through a Planned Unit Development.This count shall be rounded to the nearest whole number. II II II II hI = 3 II :: :: IlkIIIIl �II rrtt a II. ... -I LII i;.l IIr III , Ill in . 0 Density Standards-TOD MU District Performance Standards. Floor Area Ratio(FAR) 1.5 min 1. Parking structures shall not be included in calculation of number of floors and FAR. Residential Density 40 dwelling units/acre min 2. The above diagram is intended to show the proportion of usable open space required,but not the Lot Standards-TOD MU District exact location or distribution. See Subdivision 8 for Lot Size None more requirements on usable open space. (a)Lot Width 50 ft min (b)Lot Depth 100 ft.min 3.Buildings exceeding 40 feet in width along a street are required to incorporate articulation in street- (c)Front Yard Setback(ft.)6 0 min; 10 max facing façades. Articulation includes recesses in the building facade,material changes, or other methods (d)Side Yard Setback(ft.) 0 min of building articulation that break down the scale of (e)Rear Yard Setback(ft.) 0 min large buildings and create visual interest. (g)Usable Outdoor Open Space 2 7%min 4. Commercial Use ground floor windows facing a primary transit street shall not preclude visibility. Impervious Surface Coverage 90%max 5. Within the Commercial Use all buildings shall Building Standards-TOD MU District have a primary entrance facing a public sidewalk or public open space. Building entrances must be (h) Street Frontage 75%min provided at least every sixty (60) feet along the 1 primary transit street-facing facade of the building. (f)Total Height(#of floors) 4 min,max limited by language in the 6. Front Yard Setbacks may be increased if outdoor Comprehensive Plan dining or usable open space is proposed as part of a Planned Unit Development. Notwithstanding the (i)Ground Floor Height 12 ft.min diagram awnings, decks, overhangs, stairs, steps, retaining walls and structures, signs; or bicycle (j)Upper Floors Stepback(street 8 ft. min parking,etc. shall not project into the public right of facades only) (above 4 floors) way. (k)Façade Articulation(street every 40 ft.max facades only)3 (1)Ground Floor Transparency 60%min (street facades only)4 Entry Spacing 6 60 ft. (applicable to Commercial Uses only B. Development Standards: Transit Oriented Development-Residential(TOD-R). STATEMENT OF POLICY: The Transit Oriented Development—Residential(TOD-R)district allows for a mix moderate to high-density housing, including stacked and attached residential building types, as well as limited mixed-use development. Land uses in the TOD-R district shall be residential with a small amount commercial uses(ground floor retail, services, and restaurants) that support the day-to-day needs of residents. The TOD-R district shall generally be applied farther out from the transit station and provides more latitude in density and street frontage requirements while still promoting transit-supportive densities and pedestrian-oriented urban design. The specific permitted uses are set forth below in the chart titled Permitted Uses-TOD-R District. The diagrams set out below are intended to illustrate the application of the above statement of policy. These higher density housing types,both rental and ownership,shall be designed to optimize the district's walkable access to retail, services, restaurants, parks and trails, transit and community facilities. Buildings shall be located and designed to take advantage of views of nearby natural amenities and where significant shading of lower buildings will not occur. District-Dia _ TOD G District ` Red® \ ` `Ps irj �ee ' b c„a N ,i a \ J�f i i, \ o f a�. e r x tl , � I®- r y 7 / `���"' .' eS!�ro So•ao „ 08 Bk blg el'cam/ I. I CI r �� \ �i � } :�\ \- gray et \ ,� L 1 ,at' �---. - '• tl 9�g�b�y 1 5 0,0 F ff �` h6 6 % \ y.., e athiligrif40001 �nrpII dblQr�QQ E �� vm50 r- p Dp ]b NI 11 � q 5q q0 11 00Q D[ Ng D= tip D ;$0-Holt : --- 1<--iiii:0're, 11:0: ,.. „,„,....;,:--- ---,„... ' ".-"re )41.10' ', -.-- ,k44 NiA, ,' ''-'19'::44- -'-'- -.--- $ 01, 8o E _ ilk\.dd F i ` 1®9� , r 7i I!F 'Il `` II1 ` ��II��'QQQjjj��R� � „Ai 1 and Use Character and Built Form- TOD R District o CI a _ aE °ad 00 all -- EL 0 Q�° _rj iQ ill ¢:�I o; p c _. I:Zi il A .."litilli "Op 0:11 PI 0 -- .._-- OA r District Diagram,Land Use Character and Built Form Description: The TOD-R district features stacked and attached residential building types,as well as mixed-use building with active ground-floor uses.Requirements for street-fronted architecture and structured parking contribute to a more safe and walkable street environment.Slightly deeper setbacks allow for additional landscaping, gardens, and small front or side yards. Street-facing architectural details such as porches, stoops, and balconies encourage social interaction and contribute to the safety and comfort of the public realm. Permitted Uses—TOD-R District Permitted Uses Performance Standards Commercial 1. All commercial uses shall be limited to the street level - Neighborhood commercial floor of a building along primary transit streets. - Restaurants and food service - Day care facility 2.Neighborhood Commercial individual tenant space shall Office not exceed 10,000 sq. ft. in area with the exception of - Business and professional offices and clinics grocery stores,which shall not exceed 25,000 sq.ft.in area. - Day care facility Residential 3. Drive-thrus are only allowed when the drive-thru lanes Multiple-Family Dwellings are internally located within the parking structure. Public - Libraries - Parks - Transit facilities - Transit parking - Parking ramps Public Infrastructure Antennas and Towers,in those locations and subject to the limitations contained in City Code Section 11.06 Off-Street Vehicular Parking Standards—TOD-R District Use #of spaces(min) #of spaces(max) Multiple-Family Residential 1 per dwelling unit 1/bedroom Visitor(Residential) None 1/5 dwellings Retail Stores&Services 3/1,000 sq_ft. (G.F.A.) 5/1,000 sq,ft. (G.F.A.) Restaurant 1/3 seats 'h.5 seats Office 3/1,000 sq,ft. (G.F.A.) 5/1000 sq_ft. OtherOthers As determined by site plan review. —A parking demand study may be required. Proof of parking may be required by the City Engineer to be included as part of a parking demand study. Performance Standards 1. All off-street parking in the TOD-R sub-district shall be provided in an enclosed building or structure except as follows: Residential visitor parking may be provided as surface parking behind buildings or on secondary transit streets as designated in the Comprehensive Guide Plan. Residential developments may provide for visitor parking through on-street and/or district/joint use parking when reviewed and approved through a Planned Unit Development. 2.The location and quantity of off-street parking will be reviewed on a case-by-case basis as part of the development review process. Off-street parking requirements can be reduced if the applicant can demonstrate meeting the requirement through joint use,district,off-site,or on-street parking. See Subdivision 6 for more on off-street parking standards. 3.Parking ramps facing a public street must be must be appropriately screened—as required in Subdivision 6. 4.For new development occurring within the TOD Districts,on-street parking along the use's lot frontage may count towards the parking requirements if reviewed and approved through a Planned Unit Development. This count shall be rounded to the nearest whole number. 7, - dr 0 , ''1 Il 1 11 II 11 11 0 p ■ 111111 k I i 1 II II I#k N_ 1 1 0�r� g . 0 1 —ftillIllMtJ 0 �111 � IIII �J ■• INI1 - f 11111 ffi----! ' iumws---.0011111111me I III III iEal U1 alai 1I7� �1III lullED — : +il — • J 0 • r e _ II II1IIII IIII k 0 ,p '111111111111111111111 h 111 �� ,. , D ill II II 11 III Q — — 1 ! 'j1 III' 1, ■� a 111 r Ii III I1 40 �� NI L11 m_n' sill: t • 111 0 , , aar r 6 ►-J Density Standards-TOD R District Performance Standards ". Residential Density 25 dwelling units/acre 1. Parking structures shall not be included in min calculation of number of floors and FAR. Lot Standards-TOD R District Lot Size None 2. The above diagram is intended to show the proportion of usable open space required, but not the (a)Lot Width 50 ft. min exact location or distribution. See Subdivision 8 for more requirements on usable open space. (b)Lot Depth 100 ft.min (c)Front Yard Setback(ft.)6 0+ 0 min;20 max 3. Buildings exceeding 30 feet in width along a street are required to incorporate articulation in street-facing (d)Side Yard Setback(ft.) 10 min façades. Articulation includes recesses in the building façade,material changes,or other methods of building (e)Rear Yard Setback(ft.) 20 min articulation that break down the scale of large buildings and create visual interest. (g)Usable Outdoor Open Space 2 10%min 4. Commercial Use ground floor windows facing a Impervious Surface Coverage 75%max primary transit street shall not preclude visibility. Building Standards-TOD R District 5.Within the Commercial Use all buildings shall have (h) Street Frontage 60%min a primary entrance facing a public sidewalk or public open space. Building entrances must be provided at (f)Total Height(#of floors) 2 min,max is limited least every sixty (60) feet along the primary transit by language in the street-facing facade of the building. Comprehensive Plan 6. Front Yard Setbacks may be increased if outdoor dining or usable open space is proposed as part of a Planned Unit Development. Notwithstanding the diagram awnings, decks, overhangs, stairs, steps, (i)Ground Floor Height 10 ft. min retaining walls and structures, signs; or bicycle (j)Upper Floors Stepback(street 8 ft.min parking, etc. shall not project into the public right of facades only) (a building step back way. is required above 4 floors and encouraged below 4 floors) (k)Façade Articulation(street Every 30 feet facades only)3 (1)Ground Floor Transparency 40%min (street facades only)4 Entry Spacing 5 60 ft. (applicable to Commercial Uses only) C. Development Standards: Transit Oriented Development-Employment(TOD-E). STATEMENT OF POLICY: The Transit Oriented Development—Employment(TOD-E)district allows for a mix of moderate-to high-density office,light industrial and institutional development with some allowance for limited commercial uses. The TOD-E district allows stacked office and mixed use buildings as well as multi-story flex buildings that can accommodate a range of living wage employment opportunities at higher densities.Retail, services, and showrooms are allowed in the district but limited to smaller scale businesses that support the needs of district employees or complement existing light industrial or office uses.The TOD- E district would generally be applied farther out from the transit station and provide more latitude in density and street frontage requirements while still promoting transit-supportive densities and pedestrian-oriented urban design. The diagrams set out below are intended to illustrate the application of the above statement of policy. _...- _,-- ,,,-"' ,--- -_,--- , - _ „,-- --- ,.- -----:-' -- ---- `-----' . \- 'rz,t.1 i . `= ' . `-6 -141116. ..;•:,' '-`- '---- 'iii II i , •---:,,'..--„, - 1111 ----- '--, .,. ...... a'. -, ..'0:1„,,,,,,,,,,,,,,i- ---, •... . _ AIL}, '-'' -... . -..----. ---- _,--.•.z.,,••.., , '-';:.: .„ ,•••,. • _• :J.:,,,,, 411, ..r,_,,t1-0 -', ----" - \---.4..., t ,e:::ro' __.,.„2•1,-, --- -,...-- -'.''' :......4. ;"'''.1....-•,''''' _ - . 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' ..._--- , ,,,---- „.. ____ , ,_- , , :-..... --.... -...,.... ..,--'' '••-- (--------- _,.. ' ----!.',k;'•114.6 - .--:-:•:-....:--.1- - --...„.. •-,2‘..iii.„ ,•- '...------- -----;--.. 4-411.01"1.,,,--:fr•.:2-- , ...,-,. t,i',4 ,, '• .._ _, - . . •- ,I., ,*-4. ---II;"<1 -',1',i•kiltp,••. : -..'"H'i ''':-- Al ,.,Ofau - -- ,,,, .---.,- ----- -------„c-'',I.','..,4AL .dit:s,-•,-----• • .--.... -, -- ,i..i.k _',---- i ---- - .<" -.0 -,..„„_ . /' eri'-''-='' .. -.---- -'3---'"7-----,'',..:"-.,....-,, ,,, i.f- - /- ,-- -,...... . r.P ,--- ,/ ----,',._'''---.::. ..---- ,---" --: „ . , - ,•-- , .„..- -•- -!:>-• , . ,,/1,2i--";' -' ' ..>„----" „..,-- .., ''-- , ---->"" -.,,, ----- -. -' , ---.":".---------. , ,.. -- ...-- .. . ' -. , ..•,. - - ,..-- . . _ . t`� -- _ j, M tom— 0,. r II tilt II 1 "''e 4�tzt: 4� Q 41 q �f a !� �k piN / j q Si:II District Diagram, Land Use Character and Built Form Description: The TOD-E district features stacked office and mixed use buildings,as well as multistory flex buildings.Requirements for street-fronted architecture contribute to a more safe and walkable street environment. Slightly deeper setbacks allow for additional landscaping, plazas, and other types of open space. Street adjacent features such as a canopy,awnings,plazas,and courtyards create a safe and welcoming environment. Permitted Uses—TOD-E District Permitted Uses Performance Standards Commercial 1. The ground floor in all buildings in the TOD-E district - Neighborhood commercial shall be commercial ready along the primary transit street. - Restaurants and food service - Day care facility 2.Neighborhood Commercial individual tenant space shall not exceed 10,000 sq. ft. in area with the exception of Office grocery stores,which shall not exceed 25,000 sq.ft.in area. - Business and professional offices and clinics - Day care facility 3. Drive-thrus are only allowed when the drive-thru lanes are internally located within the parking structure. Light Industrial 4. Warehouse and Distribution shall be permitted in the - Manufacturing Light Industrial district as an accessory use. Warehouse and - Research and design Distribution shall not exceed 15%of the Gross Floor Area - Wholesale of a structure. - Processing - Packaging - Showroom - Assembling - Compounding - Flex space - Live/work space such as artist lofts Public - Public facilities and services - Libraries - Parks - Transit facilities - Transit parking - Parking ramps Public Infrastructure Antennas and Towers,in those locations and subject to the limitations contained in City Code Section 11.06 Off-Street Vehicular Parking Standards—TOD-E District • s I I aces(max) Retail Stores&Services 3/1,000 sq_ft. (G.F.A.) 5/1,000 sq_£t(G.F.A.) Restaurant 1/3 seats '/2.5 seats Office 3/1,000 sq_ft. (G.F.A.) 5/1000 sq_ft. (G.F.A.) Others As determined by site plan review.A parking demand study may be required. Proof of parking may be required by the City Engineer to be included as part of a parking demand study. Performance Standards 1.All off-street parking in the TOD-E District shall be provided in an enclosed building or structure except as follows: visitor parking may be provided as surface parking behind buildings or on secondary transit streets as designated in the Comprehensive Guide Plan. Developments may provide for visitor parking through on-street and/or district/joint use parking when reviewed and approved through a Planned Unit Development. 2.The location and quantity of off-street parking will be reviewed on a case-by-case basis as part of the development review process. Off-street parking requirements can be reduced if the applicant can demonstrate meeting the requirement through joint use,district,off-site,or on-street parking. See Subdivision 6 for more on off-street parking standards. 3.Parking ramps facing a public street must be must be appropriately screened as required in Subdivision 6. 4.For new development occurring within the TOD Districts,on-street parking along the use's lot frontage may count towards the parking requirements when reviewed and approved through a Planned Unit Development.This count shall be rounded to the nearest whole number. e ; { _ O'11 ���� M 0 b jMlf oil �� a - Eft] WI Ira I 1 �ii Gail ® Mrli 1 �: -- 0 I _ .011111.."-Ht-- WI 0 4 v..r .; �1n rrrr ., rirr r r rii iiu ii � �iii I . Oil iiii ill. 0 ® 1 it rrrr err HI VJ -_ _------ --=----- v 0 I 0-- :J Density Standards-TOD E District Performance Standards Floor Area Ratio(FAR)1 .5 min 1. Parking structures shall not be included in calculation of number of floors and FAR. Lot Standards-TOD E District 2. The above diagram is intended to show the Lot Size None proportion of usable open space required, but not the exact location or distribution. See Subdivision 8 for (a)Lot Width 100 ft.min more requirements on usable open space. (b)Lot Depth 100 ft.min 3. Buildings exceeding 50 feet in width along a street are required to incorporate articulation in street-facing (c)Front Yard Setback(f.t)6 0 min;20 max façades. Articulation includes recesses in the building façade,material changes, or other methods of building (d)Side Yard Setback(ft.) 20 min articulation that break down the scale of large buildings and create visual interest. (e)Rear Yard Setback(ft.) 20 min (g)Usable Outdoor Open Space 2 5%min 4. Commercial Use ground floor windows facing a primary transit street shall not preclude visibility. Impervious Surface Coverage 75%max 5. Within the Commercial Use all buildings shall have a primary entrance facing a public sidewalk or public Building Standards-TOD E District open space. Building entrances must be provided at least every sixty (60) feet along the primary transit (h) Street Frontage 60%min street-facing facade of the building. (f)Total Height(#of floors)1 2 min,max is limited 6. Front Yard Setbacks may be increased if outdoor by language in the dining or usable open space is proposed as part of a Comprehensive Plan Planned Unit Development. Notwithstanding the diagram awnings, decks, overhangs, stairs, steps, (i)Ground Floor Height 4-9 12 ft.min retaining walls and structures,signs;or bicycle parking, (j)Upper Floors Stepback(street 8 ft.min etc. shall not project into the public right of way. facades only) (a building step back is required above 4 floors and encouraged below 4 floors) (k)Façade Articulation(street Every 50 feet facades only)3 (1)Ground Floor Transparency 60%min (street facades only)4 Entry Spacing 5 60 ft. (applicable to Commercial Uses only) Subd.5.Building Standards. All buildings shall provide pedestrian-oriented design features along streets, sidewalks, pedestrian ways, and pedestrian areas. Buildings and developments shall comply with the following standards for building design and pedestrian orientation: A. Buildings shall have a primary entrance facing a public sidewalk or public open space. B. Primary building entrances shall be architecturally emphasized and highly visible from the street, sidewalk, or pedestrian way, utilizing design features such as protruding or recessed entryways, awnings, canopies, pillars,unique building materials and/or architectural details.Residential buildings shall incorporate elements such as porches, stoops,and balconies that enhance the safety and comfort of the public realm. C. Buildings are required to incorporate articulation in street-facing façades that improves the building's overall composition and aesthetic,and contributes to a more aesthetically and visually interesting and walkable street environment. Articulation includes recesses in the building facade, material changes, or other methods of building articulation that break down the perceived scale of the building or create visual interest. Subd.6.Off-Street Vehicle Parking Standards. A. Parking structures shall be located behind buildings or located along secondary streets. B. Parking structure facades visible from public streets and public open space shall architecturally complement the building or buildings the parking structure serves through the use of exterior materials, architectural elements,and color.Parking structures shall include architectural elements that enhance the structure,break up its mass, and complement the building or buildings the parking structure serves. Examples of specific architectural elements that assist in meeting this requirement include decorative piers and pilasters,banding, reveals, architectural accents, wall plane articulation, decorative artwork, ornamental grillwork, recessed window openings,façade treatment variations,and locating tenant signs on the side of parking ramps. C. Parking structures may also incorporate liner buildings that screen the parking structure with active street- level uses. Liner building may include upper floor uses,or may utilize appropriate architectural elements as described above. Subd.7.Pedestrian and Off-Street Bicycle Facility Standards. A. Public sidewalks and/or trails may be required to be constructed by the applicant in conformance with the Comprehensive Guide Plan and/or approvcdthe City Pedestrian and Bicycle Plan. Design shall conform to the requirements of the City Engineer,Parks and Recreation Director or designee. B. An off-street sidewalk or multi-use trail shall be provided by the applicant that connects the front door of the building to adjacent public sidewalks or trails that are either existing or part-e#contemplated in an approved city trail plan or N-RCapital Improvement Plan. C. Off-Street Bicycle parking shall be provided at the following ratios at the time of initial certificate of occupancy Brand at the time of enlargement of a structure: 1. Office-minimum of 10 spaces,plus 1 space per 7,500 square feet of gross floor area. 2. Commercial—minimum of 10 spaces,plus 1 space per 3,500 square feet of gross floor area. 3. Public—minimum of 10 spaces,plus 1 space per 3,500 square feet of gross floor area. 4. Light Industrial—minimum of 10 spaces,plus 1 space per 10,000 square feet of gross floor area. 5. Residential- 1 space per 2 dwelling units. D. Location. Bicycle parking shall be located within 50 feet of the primary building entrance(s) and shall not obstruct sidewalks except as approved through a shared bicycle plan as referenced in Sub.67. G. E. Bicycle racks shall be securely anchored to the ground and on a hard surface. Up to 25 percent of bicycle parking may be temporary or seasonal,but all temporary or seasonal bicycle parking shall be included within the pree#Proof of bicycle parking piariBicycle Parking Plan. F. Covered spaces. If twenty (20) or more bicycle spaces are required, then at least fifty(50) percent of the required bicycle spaces shall be covered. Coverage may be provided under roof overhangs or awnings, in bicycle lockers, indoor room, fenced in corral, within adjacent parking structures, or within underground parking structures. G. Shared Bicycle Parking. Shared off-street bicycle parking facilities are allowed to collectively provide bicycle parking in any district for more than one structure or use. The property owner or applicant shall demonstrate meeting the requirement through a joint use,district or shared parking agreement. H. Proof of Bicycle Parking. If the applicant demonstrates that the required bicycle parking is in excess of the actual demand,all of the required bicycle parking need not be constructed initially. The area of future parking shall be landscaped,but that landscaping shall not be used to satisfy landscaping requirement^prior to the issuance of the initial certificate of occupancy for the building being served.Any spaces not constructed,as shown on the site plan,shall be constructed when determined necessary by the City Planner(^ T.The area of future parking shall be landscaped,which, landscaping shall not be used to satisfy landscaping requirements. The City Planner(or designee)shall notify the property owner in writing of the need to construct additional proof of bicycle parking spaces. No more than 50 percent of bicycle parking stalls shall be placed in proof of bicycle parking. Subd.8.Landscaping and Open Space Standards. A. All sites and buildings within the TOD district shall comply with Screening and Landscaping standards established in Section 11.03 Subd 3(G) of Chapter 11 of the City Code, except for Items 4. (a). Minimum Size Requirements for Plantings and 4. (b) Total Caliper Inches Required. The following standards apply within the TOD district in lieu of said Items 4.(a)and 4.(b): 1. Minimum Size Requirements for Plantings:Deciduous overstory plantings shall be a minimum of three (3) caliper inches; deciduous understory trees shall be a minimum of two (2) caliper inches; and coniferous trees shall be a minimum of eight(8)feet in height. 2. Total Caliper Inches Required: Sites with up to 5 acres of on-site pervious area require a minimum of three (3) caliper inches of trees for every 500 square feet of the on-site pervious surface area. Sites with 5 acres or greater of on-site pervious area require a minimum of three(3)caliper inches of trees for every 750 square feet of the on-site pervious area.Pervious pavement areas,green roofs, and undevelopable areas including but not limited to: wetlands,floodways,archeological resource areas,and water bodies are excluded from the on-site pervious surface area calculation. 3. Planting beds and/or decorative planting containers may replace up to 50%of the required caliper inches for trees at a rate of three(3)caliper inches of trees per 500 square feet of cumulative planting beds and/or decorative planting containers. 4. Planting Beds and/or Decorative Planting Containers: Each planting bed or container shall include a variety of plants which may include shrubs,ornamental grasses,ground cover,vines,annuals,or perennials to provide year round color and interest. Native plant species to the local hardiness zone and those which provide interest and/or color in the winter are encouraged. 5. Existing trees on the developable portions of the site that will remain after construction and/or existing trees on the overall site that provide benefits such as screening may be considered as counting toward a portion of the caliper inches required by this section as determined through the PUD process. Any existing trees proposing to remain shall be determined to be healthy and of the appropriate species as determined by the City. 6. Eco-grass, green roofs, rooftop gardens, limiting irrigation through excriscapingxeriscaping and rainwater collection and reuse,public art,and other sustainable practices related to landscaping may be considered as counting toward a portion of the caliper inches required by this section as determined through the PUD process. B. Due to the urban character of the TOD District, less landscaping space will be available typically than in other zoning districts. Therefore a higher level of landscaping design detail is required for the concentrated open space, pervious surface areas, plazas, planters, screening areas and streetscape areas. Examples of a higher level of landscaping design include rooftop gardens and green roofs,both of which are encouraged. A detailed landscape plan prepared by a landscape architect shall be submitted with the development application. Other privately owned amenities are encouraged,such as plazas,courtyards,fountains,outdoor art,roof top gardens and green roofs,and other decorative elements. C. The following privately owned and maintained Usable Open Space forms are permitted to meet the requirements for usable outdoor open space: 1. Pocket Park:A Pocket Park is an open space of no less than .05 acres in size that is available for recreation. A Pocket Park may be spatially defined by landscaping rather than building frontages and may be linear in form or shape.A pocket park may consist of a landscaped and maintained lawn, trees,and seating areas that are naturalistically disposed. 2. Square:An open space available for passive recreation and civic purposes. A Square Usable open Space is spatially defined by building frontages. Its landscape shall consist of paths, lawns, trees, hardscape, and public art formally disposed. Square Usable Open Spaces shall be located at the intersection of important main streets.There shall be no minimum size for a square. 3. Plaza:An open space available for public use, community events, and/or commercial activities. A Plaza Usable Open Space shall be spatially defined by building frontages.Its landscape shall consist primarily of hardscape,plantings,public art,and trees.There shall be no minimum size for a Plaza. 4. Play Area: An open space designed and equipped for the recreation of children. A Play Area shall be fenced and may include an open shelter. Play areas shall be interspersed within residential or mixed use areas and may be placed within a block. Play areas may be included within parks and greens.There shall be no minimum or maximum size. 5. Pedestrian way:Natural or landscaped walking paths and running trails. D. The following shall not constitute Useable Open Space: landscape strips or enlargements/enhancements of landscaping areas adjacent to the sidewalk; shrubs, flowers and other low profile landscaping around buildings, sidewalks and parking areas; required minimum building setback areas; yards associated with private dwellings; or outdoor areas that prohibit public or tenant access during normal business hours. Alternative useable open space areas may be considered as counting toward a portion of the useable open space requirement of this section as determined through the PUD process. Subd.9. Supplemental Analysis or Study. A. Traffic. All development and zoning projects in the TOD District require documentation of the expected traffic impacts of the development.The scope extent of the traffic analysis is dependent on several factors including the size,type,and location of the development. The City Engineer should be contacted early in the project to determine the appropriate scope of traffic analysis and to determine if a formal Traffic Impact Study is required. All development applications,regardless of size,shall document the size and type of the proposed development and provide Daily,AM Peak,and PM Peak traffic generation estimates for the development. B. TDM. B. Travel Demand Management(TDM). Ally development applications for office and light industrial uses shall include a Travel Demand Management(TDM)plan. The plan shall document TDM measures to be implemented,a two year budget, and an evaluation plan. TDM strategies that shall be considered in the TDM plan include,but are not limited to, financial incentives for carpoolers, vanpoolers and bicyclists, subsidized transit passes, preferential location of carpool/vanpool parking,bicycle racks and storage,access to shower and lockers,and promotion of commuter programs. As a condition of approval a TDM performance bond,cash escrow,letter of credit with a corporation approved by the City Manager or other guarantee acceptable to the City Manager equal to 100%of the cost of implementing the first two years of the TDM Plan will be required.All new residential development applications should consider TDM strategies such as bikeshare and carshare memberships, subsidized transit passes,and an information kiosk onsite. C. Parking. All zoning and development and zoning projects in the TOD District require documentation of the parking plan for the project site including the number of required parking spaces, the number of provided parking spaces and any proposed use of proof of parking. The location and quantity of parking will be reviewed on a case-by—case basis as part of the development review process. DependentBased on the specifics of the parking plan for the project site a formal Parking Study may be required. The City Planner should be contacted prior to application and early in the project to review the parking plan for the project and to determine if a formal Parking Study is required. Subd. 10.Architectural Standards. All buildings shall comply with Architectural Standards established in Section 11.03 Subd 3(K)of Chapter 11 of the City Code. Subd. 11.Signage. All sites and buildings shall comply with Sign Permits standards established in Section 11.70. Subd. 12.Lighting. All sites and buildings shall comply with Glare standards established in Section 11.03. Subd. 13. Mechanical Equipment, Trash, Loading Facilities. All sites and buildings shall comply with the Screening standards in Section 11.03 Subd 3(G), Off-Street Loading Facilities standards in Section 11.03 Subd 3(I), Trash and Recycling standards in Section 11.03, Subd. 3(M), and Wastes standards in Section 11.03 Subd 4(F) of Chapter 11 of the City Code. Subd.14. Tree Replacement. Property within the TOD zoning districts shall be exempt from the Tree Replacement Plan Requirements provided in Section 11.55, Subd.4. SECTION 11.27.TC TOWN CENTER DISTRICT. Subd. 1.Purposes. The intent of the Town Center(TC)zoning district is to provide an area for development of an attractive,compact,walkable,mixed-use town center that creates a live/work/play environment for the community. To support the intent of the Town Center,the purposes of the TC zoning district are to: A. Provide a mix of higher density regional uses,vertical mixed uses,more housing within walking distance of services,and a more efficient,compact and connected development pattern; B. Incorporate connections between the various land uses;including pedestrian, street and visual; C. Incorporate civic amenities such as urban parks and plazas, civic and cultural spaces, sidewalks and trails, and landscaped streetscapes; D. Promote land efficientstrategies and designs that decrease the need for parking design, including compact/mixed—use development patterns,on-street parking,joint use parking,structured parking,on street parking and shared parkin^access to transit and shuttle services,bike sharing,and car sharing; E. Locate and design buildings that are oriented to public spaces,including streets,sidewalks,plazas and open spaces, to create the feel and function of a traditional town center and to emphasize a pedestrian oriented environment;and F. Encourage non-automobile access and circulation,including transit,walking and biking. G. Support an urban design pattern that encourages active living—the integration of physical activity into daily routines and healthy mobility choices,including walking,biking,riding scooters,and rollerblading,and other forms of pedestrian travel and includes accommodations for persons with disabilities to connect to transit. The standards applicable to the TC zoning district are intended to implement the vision, goals and principles established in the Eden Prairie Major Center Area Framework Plan and Major Center Area Planning Principles and the Town Center Design Guidelines,which will be carried out through specific standards related to land use mix,site planning,building bulk& dimensions, architecture,building materials, transportation access,parking, landscaping, signage and lighting. Subd.2.Definitions. The following terms,as used in this Section,shall have the following meanings: A. "Building Break"—A recess in the building façade that provides façade articulation, creates the impression that one building is two or more buildings, incorporates a unique building element, and improves the building's overall composition and aesthetic.Minimum requirements for a building break are a depth of two (2)feet and a width of four(4)feet. B. "Building Stepback" — A setback of a building's upper floor(s) in order to reduce the building's bulk, articulate the base of the building, ensure a more comfortable street environment, and provide light and air at street level. C. "Building Street Frontage"—The proportion of a lot's frontage on a public street that is occupied by a building as measured at the required maximum front yard setback.Corner lots must meet maximum front yard setback requirements for both public street frontages. D. "Building Transparency"—Openings in the street-facing façade of a building which are transparent,including windows and doors, that enable increased physical and/or visual interaction between street/sidewalk/plaza activities and a building's interior uses and activities. E. "Community Commercial"—Medium-scale retail stores and personal services primarily serving the residents and employees of the community.No individual building or tenant space shall exceed 60,000 sq. ft. in area. F. "Drive-thru Facilities" — Facilities that accommodate automobiles and from which the occupants of the automobiles may make purchases or transact business, including the stacking spaces needed for waiting vehicles. Examples of drive-thru facilities include,but are not limited to, drive-up windows, menu boards, order boards or boxes,drive-in restaurants and drive-up banks. G. "Ground Floor Height"—measurement taken from floor to floor G.H. "Joint Use Parking" -A parking facility shared by two or more uses,or a parking facility that is shared by one or more uses and a unit of general purpose government or a public agency.tenants or properties. 144. "Mixed-Use Building"—A multi-story building that contains allowed retail and services on the ground floor and allowed residential and/or office uses on the upper floors. LJ. "Neighborhood Commercial" — Small-scale retail stores and personal services primarily serving nearby residential areas and nearby businesses and their employees and small-scale specialty shops and services that contribute to the uniqueness and vibrancy of Town Center and may attract a larger trade area.No individual tenant space shall exceed 10,000 sq. ft. in area with the exception of grocery stores,which shall not exceed 25,000 sq.ft.in area.Drive-thru facilities are prohibited as a neighborhood commercial use. K. "Public Open Space" — a publicly or privately owned area such as a park, trail, sidewalk or plaza that is accessible to the public. L. "Usable Outdoor Open Space"—Planned and improved outdoor facilities and open spaces that provide active or passive recreational,relaxation or gathering opportunities, including,but not limited to, any one or more of the following: parks; plazas; play areas; maintained and landscaped lawn with trees and seating areas; natural or landscaped walking paths and running trails; pedestrian spaces; publicly accessible natural or wildlife viewing areas; gardens; ponds and water features; and other similar environments. Usable outdoor open space shall not include: landscape strips or enlargements/enhancements of landscaping areas adjacent to the sidewalk; shrubs, flowers and other low profile landscaping around buildings, sidewalks and parking areas; required minimum building setback areas; yards associated with private dwellings; or outdoor areas that prohibit public or resident access during normal business hours for the area. No areas of usable open space shall contain less than 2,000 contiguous square feet. Usable open space in Mixed Use and Commercial sub-districts should be located near primary building entrances and be accessible by the public from a public sidewalk or streetscape area at least during normal business hours of the surrounding area. M. "Visitor Parking"- An off street,surface parking area for motor vehicles that will be parked for short periods of time, and visiting within the Town Center district. Visitor parking does not include long term or all day employee parking or parking of delivery vehicles engaged in loading or unloading goods. Subd.3.Sub-Districts. The TC zoning district is divided into three(3)sub-districts: A. Town Center Mixed Use (TC-MU): Town Center Mixed-use requires higher intensity vertical mixed-use buildings with ground floor retail shops,services and restaurants that front onto Town Center's"Main Streets" and are pedestrian-oriented. In order to support a live/work/play environment, the upper floors shall be primarily residential uses,both rental and ownership housing,with a minimal amount of office uses allowed. B. Town Center Residential(TC-R): Town Center Residential allows a mix of stacked housing types including high density high-rise residential and high density mid-rise residential. These higher density housing types, both rental and ownership, shall be designed to optimize the district's walkable access to retail, services, restaurants,parks and trails,transit and community facilities.High rise buildings shall be located and designed to take advantage of views of nearby natural amenities and where significant shading of lower buildings will not occur. C. Town Center Commercial (TC-C): Town Center Commercial allows a mix of lower intensity commercial uses including community retail, services, restaurants, entertainment, office, and hospitality/lodging. Site layout,building design and parking strategies shall support the compact and pedestrian-oriented character of the district. Subd.4.Design Guidelines. All new development,redevelopment and subdivisions within the Town Center district shall be in substantial conformance with the Town Center Design Guidelines.Development proposals will be reviewed as part of the Site Plan and Architectural Design Review process for conformance with the City Codes and the Design Guidelines. Subd.5.Permitted Uses. Table 1 establishes the permitted and accessory uses in the TC zoning district. Table 1: Permitted Uses in Town Center District(Permitted=P,Accessory=A) Use TC-MU TC-R TC-C Commercial Neighborhood commercial P Community commercial P Restaurants and food service w/o drive-thru facilities P P Business and professional offices and clinics Al P Hotels P Day care facility P P Antennas and Towers,in those locations and subject to P the limitations contained in City Code Section 11.06. Residential High-rise multiple-family attached dwelling units with P minimum gross density of 60 units per acre Mid-rise multiple-family attached dwelling units with P minimum gross density of 40 units per acre Antennas and Towers,in those locations and subject to P the limitations contained in City Code Section 11.06. Mixed-Use Mid-rise multiple-family attached dwelling units w/ P ground floor retail/restaurant/services' Multi-story office w/ground floor P retail/restaurant/services' Day care facility P P Antennas and Towers,in those locations and subject to P the limitations contained in City Code Section 11.06. Public Public Infrastructure P P P Libraries P P Parks P P P Transit facilities P P 1 Business and professional offices and clinics shall be located in mixed-use building,shall not be located on the ground floor and shall not occupy more than 25%of upper floors' gross square footage. 2 Ground floor uses with street frontage shall be 100%retail,restaurant and/or services. Source: Ordinance No.2-2017 Effective Date: 3-16-2017 Subd.6.Permitted Building Types. The following building types are established as the only types of new buildings allowed within the TC district. A. Building Type A,Vertical Mixed-Use Residential/Commercial.Type A buildings shall have retail,restaurant and/or service uses on the ground floor with residential on the upper floors.Parking may be included below or above the ground floor. B. Building Type B,Vertical Mixed-Use Office/Commercial. C. Building Type C,High-Rise Residential. D. Building Type D,Mid-Rise Residential. E. Building Type E,Entertainment/Restaurant/Services.Type E buildings may include entertainment, restaurant and/or services uses F. Building Type F,Hospitality/Lodging. G. Building Type G,Community Retail. H. Building Type H,Parking Structure. Table 2 establishes where the permitted building types can be located within the Town Center district. Table 2: Permitted Building Types in Town Center District Building Type TC-MU TC-R TC-C Type A P Type B P TypeC P TypeD P Type E P Type F P TypeG P TypeH P P P Subd.7.Required Conditions. A. Zoning requestsapplications will be considered only on the basis of athe Comprehensive Guide Plan for the entire area to be zoned and specific plans for initial structures and site development. B. Nonconformities are governed under Minnesota Statutes 462.357,Subdivision 1.e. C. Development proposals will be reviewed as part of the Site Plan and Architectural Design Review and Planned Unit Development process as set out in City Code Chapter 11. D. Any provisions contained in Section 11.27, which are inconsistent with or are in conflict with any other provision of the City Code shall supersede such other provisions. B-E. All zoning requestsand development applications must include a trip generation analysis that indicates the traffic impacts on the overall Major Center Area(MCA)and demonstrates that the proposed development is not in conflict with the MCA traffic model. &F. Acceptable,approved sanitary sewer and water services must be provided to all occupied structures. Subd.8.Building Bulk&Dimension Standards. Table 3 establishes specific bulk and dimension standards for new buildings in the Town Center District. Table 3: Building Bulk&Dimension Standards for Town Center District Standard TC-MU TC-R TC-C Lot Size None None None _ Lot Width 50 ft. min 50 ft. min 50 ft. min Lot Depth 100 f.t min 100 ft.min 100 ft.min Front Yard Setback(ft.)4 0 min 10 max 10 min 20 max 0 min 15 max Side Yard Setback(ft.) 0 min 10 min 5 min Rear Yard Setback(ft.) 0 min 20 min 10 min Building Height' 4 min 6 max 4 min 10 max 1 min 3 max2 (#of floors) _ Building Footprint 50%min 75%max 40%min 60%max 30%min 50%max Coverage Floor Area Ratio(FAR)1 2.25 max 2.25 max 0.5 max2 Building Street Frontage 75%min 60%min 50%min Impervious Surface 90%max 75%max 75%max Coverage Ground Floor Height 12 ft. min None 12 ft. min Street Façade Building 8 ft. min 8 ft.min N/A Stepback (above 4 floors) (above 6 floors) Street Façade Building 20%min 15%min 15%min Breaks' Street Level Frontage 60%min 20%min 40%min Transparency Usable Outdoor Open 5%min 10%min N/A Space 1 Parking structures shall not be included in calculation of#of Floors,FAR and Building Footprint Coverage. 2 Maximum building height and maximum FAR may be exceeded for permitted hotel,lodging and entertainment uses,when the peak period trips generated is in compliance with the MCA traffic model. 3 Buildings exceeding 40 feet in width along a street are required to incorporate building breaks in the street façade that break the building into smaller facades,which may be a maximum of 40 feet in width. 4-Front Yard Setbacks may be increased if outdoor dining or usable open space is proposed as part of a Planned Unit Development.Awnings,decks,overhangs,stairs,steps,retaining walls and structures,signs or bicycle parking,etc. shall not project into the public right of way. Subd. 9. Non-Residential Building Orientation to Street and Pedestrian Areas. All new mixed-use and commercial buildings shall provide a variety of active uses and pedestrian-oriented design features along streets and pedestrian areas. These design features include,but are not limited to,the use of multiple storefronts or businesses, multiple entrances into large single-tenant buildings,and design treatments of facades,entrances,windows,and other similar features.Buildings and developments shall comply with the following standards for building orientation: A. All new buildings shall have primary entrance doors facing a public sidewalk or public open space and spaced no more than sixty(60)feet apart.A primary entrance is defined as a principal entrance through which people enter the building. A building or individual business may have more than one primary entrance. Building entrances may include doors to individual businesses, lobby entrances, entrances to pedestrian-oriented plazas, or courtyard entrances to a cluster of stores. Primary entrances shall be open to the public during all business hours. B. Primary building entrances shall be architecturally emphasized and visible from the street.Primary building entrances shall be clearly defined and highly visible utilizing design features such as awnings, canopies, pillars,unique building materials and/or architectural details. C. A minimum percentage of a mixed-use and commercial building's street-facing ground level façade between two(2)feet and eight(8)feet in height shall be comprised of clear windows,as specified in the Street Level Frontage Transparency standard in Table 3 above,in order to allow views of indoor non-residential space or product display areas. Required windows shall have a sill no higher than four (4) feet above the adjacent sidewalk. Subd. 10.Provision-of-Off-Street Off-Street Vehicle Parking RacilitiesStandards. A. Due to the more urban pedestrian oriented character of the Town Center area, the location and quantity of off-street parking spaces will be reviewed on a case-by-case basis as part of the development review process. In general,the intent is for developments to provide a reduced number of off-street parking spaces to account for availability of joint and shared-use parking, parking efficiencies resulting from a compact mixed-use development pattern, on-street parking,transit, walking and bicycling. Off-street parking facilities shall be provided as established in Table 4 or as determined through the development review process,recognizing the potential for district, shared and public parking. Table 4 establishes minimum and maximum off-street parking standards for uses within the Town Center district. Table 4: Off-Street Parking Space Standards for Town Center District Use TC-MU TC-R TC-C (#of spaces) (#of spaces) (#of spaces) Minimum Maximum Minimum Maximum Minimum Maximum Multiple- 1/dr. 1/bedroom 1/d.u. 1/- 1.25/ N/A N/A Family dwelling dwelling bedroom Residential unit unit Retail Stores 3/1,000 sq_ 5/1,000 N/A N/A 43/1,000 65/1,000 &Services ft-, sq,ft. (G.F.A.) sq_ft-. (G.F.A.) sq,ft, (G.F.A.) (G.F.A.) Restaurant 1/3 seats 1/2.5 seats N/A N/A 1/3 seats 1//2 seats.5seats Office 3/1,000 sq. 4/1,000 N/A N/A 43/1,000 sfsq. 5/1,000 ft-, sq_ft. (G.F.A.) ft. (G.F.A.) sq_ft_ (G.F.A.) (G.F.A.) Hotel N/A N/A N/A N/A 1/guest room N/A +1/employee Visitor N/A 1/5 dwelling N/A 1/5 dwelling N/A N/A units units Others As determined by site plan review.A parking demand study may be required.Proof of parking may be required by the City Engineer to be included as part of a parking demand study. B. On-site parking is prohibited in the front yard directly in front of a building, except for frontage along Highway 212. Parking shall be provided to the rear or side of buildings. C. All parking in the TC-MU sub-district shall be in a parking structure or on the street. D. All off-street parking for residents in the TC-R sub-district shall be provided in an enclosed building or structure. E. Off street surface parking for visitors in the TC R sub district may be provided up to a maximum of one space per five dwellings. Subd. 11. E. Parking structure facades visible from public streets and public open spaces shall architecturally complement the building or buildings the parking structure serves through the use of exterior materials, architectural elements,and color.Parking structures shall include architectural elements that enhance the structure,break up its mass, and complement the building or buildings the parking structure serves. Examples of specific architectural elements that assist in meeting this requirement include decorative piers and pilasters,banding, reveals, architectural accents, wall plane articulation, decorative artwork, ornamental grillwork, recessed window openings,façade treatment variations,and locating tenant signs on the side of parking ramps. F. Parking structures may also incorporate liner buildings that screen the parking structure with active street- level uses. Liner building may include upper floor uses or may utilize appropriate architectural elements as described above. G. The location and design of off-street parking will be reviewed on a case-by—case basis as part of the development review process. Off-street parking requirements may be reduced if the applicant demonstrates meeting the requirement through join use,district,off-site,or on-street parking. H. Parking ramps facing a public street must be lined on the street-facing side with an active ground floor use or commercial ready space. If no upper floor uses are present the ramp must be appropriately screened as required. I. For new development occurring within the TC Districts,on-street parking along the uses's lot frontage may count towards the parking requirements when reviewed and approved through a Planned Unit Development. This count shall be rounded to the nearest whole number. J. Parking structures shall not be included in calculation of number of floors and FAR. Subd. 11.Supplemental Analysis or Study. A. Traffic.All development and zoning projects in the TC District require documentation of the expected traffic impacts of the development. The scope of the traffic analysis is dependent on several factors including the size, type, and location of the development. The City Engineer should be contacted early in the project to determine the appropriate scope of the traffic analysis and to determine if a formal Traffic Impact Study is required.All development applications,regardless of size,shall document the size and type of the proposed development and provide Daily,AM Peak,and PM Peak traffic generation estimates for the development. B. Traffic Demand Management(TDM).All development applications for office uses shall include a Travel Demand Management(TDM)plan.The plan shall document TDM measures to be implemented,a two year budget, and an evaluation plan. TDM strategies that should be considered in the TDM plan include,but are not limited to, financial incentives for car poolers, van poolers and bicyclists, subsidized transit passes, preferential location of carpool/vanpool parking,bicycle racks and storage,access to shower and lockers,and promotion of commuter programs. As a condition of approval a TDM cash escrow, letter of credit with a corporation approved by the City Manager or other guarantee acceptable to the City Manager equal to 100% of the cost of implementing the first two years of the TDM Plan will be required. All new residential development applications should consider TDM strategies such as bikeshare and carshare memberships, subsidized transit passes,and an information kiosk onsite. C. Parking.All zoning and development projects in the TC District require documentation of the parking plan for the project site including the number of required parking spaces,the number of provided parking spaces and any proposed use of proof of parking. The location and quantity of parking will be reviewed on a case- by-case basis as part of the development review process. Based on the specifics of the parking plan for the project site a formal Parking Study may be required.The City Planner should be contacted prior to application and early in the project to review the parking plan for the project and to determine if a formal Parking Study is required. Subd. 12.Pedestrian and Off-Street Bicycle Facility Standards. A. Public sidewalks and/or trails may be required to be constructed by the applicant in conformance with the Comprehensive Guide Plan and/or the City Pedestrian and Bicycle Plan. Design shall conform to the requirements of the City Engineer,Parks and Recreation Director or designee. B. An off-street sidewalk or multi-use trail shall be provided by the applicant that connects the front door of the building to adjacent public sidewalks or trails that are either existing or contemplated in an approved city trail plan or Capital Improvement Plan. C. Off-Street Bicycle parking shall be provided at the following ratios at the time of initial certificate of occupancy and at the time of an enlargement of a structure: 1. Office-minimum of 10 spaces,plus 1 space per 7,500 square feet of gross floor area. 2. Commercial—minimum of 10 spaces,plus 1 space per 3,500 square feet of gross floor area. 3. Public—minimum of 10 spaces,plus 1 space per 3,500 square feet of gross floor area. 4. Light Industrial—minimum of 10 spaces,plus 1 space per 10,000 square feet of gross floor area. 5. Residential- 1 space per 2 dwelling units. D. Location. Bicycle parking shall be located within 50 feet of the primary building entrance(s) and shall not obstruct sidewalks except as approved through a shared bicycle plan as referenced in Sub. 12. G. E. Bicycle racks shall be securely anchored to the ground and on a hard surface. Up to 25 percent of bicycle parking may be temporary or seasonal,but all temporary or seasonal bicycle parking shall be included within the Proof of Bicycle Parking plan. F. Covered spaces. If twenty (20) or more bicycle spaces are required, then at least fifty(50) percent of the required bicycle spaces shall be covered. Coverage may be provided under roof overhangs or awnings, in bicycle lockers, indoor room, fenced in corral, within adjacent parking structures, or within underground parking structures. G. Shared Bicycle Parking. Shared off-street bicycle parking facilities are allowed to collectively provide bicycle parking in any district for more than one structure or use. The applicant shall demonstrate meeting the requirement through a joint use,district or shared parking agreement. H. Proof of Bicycle Parking.Any bicycle parking not constructed,as shown on the site plan, shall be constructed when determined necessary by the City Planner.If the applicant demonstrates to the satisfaction of the City Planner that the required bicycle parking is in excess of the actual demand,all of the required bicycle parking need not be constructed prior to the issuance of the initial certificate of occupancy for the building being served.The area of future parking shall be landscaped,which landscaping shall not be used to satisfy landscaping requirements. The City Planner shall notify the property owner in writing of the need to construct additional proof of bicycle parking spaces.No more than 50 percent of bicycle parking stalls may be placed in proof of bicycle parking. Subd. 13.Architectural Standards. All buildings shall comply with Architectural Standards established in Section 11.03 Subd 3(K)of Chapter 11 of the City Code and shall be in substantial conformance with the Town Center Design Guidelines. Subd.4214.Landscaping. A. All sites and buildings within the TC district shall comply with Screening and Landscaping standards established in Section 11.03 Subd 3(G) of Chapter 11 of the City Code, except for Items 4. (a). Minimum Size Requirements for Plantings and 4. (b) Total Caliper Inches Required. The following standards apply within the TC district in lieu of said Item 4.(a): 1. Minimum Size Requirements for Plantings: Deciduous overstory plantings shall be a minimum of three (3) caliper inches; deciduous understory trees shall be a minimum of two (2) caliper inches; and coniferous trees shall be a minimum of eight(8)feet in height. 2. Total Caliper Inches Required:,4Sites up to up to 5 acres of on-site pervious area require a minimum of eRethree (3) caliper inches of trees shall provided for every 500 square feet of the on-site pervious surface area. Sites with 5 acres or greater of on-site pervious area require a minimum of three(3)caliper inches of trees for every 750 square feet of the on-site pervious area. Pervious pavement areas, green roofs,and undevelopable areas including but not limited to:wetlands,floodways,archeological resource areas,and water bodies are excluded from the on-site pervious surface area calculation. 3. Planting beds and/or decorative planting containers may replace up to 50%of the required caliper inches for trees at a rate of three (3) caliper inches of trees per 500 square feet of cumulative planting beds and/or decorative planting containers. 4. Planting Beds and/or Decorative Planting Containers: Each planting bed or container shall include a variety of plants which may include shrubs, ornamental grasses, ground cover, vines, annuals, or perennials to provide year round color and interest. Native plant species to the local hardiness zone and those which provide interest and/or color in the winter are encouraged. 5. Existing trees on the developable portions of the site that will remain after construction and/or existing trees on the overall site that provide benefits such as screening may be considered as counting toward a portion thcrcof.of the caliper inches required by this section as determined through the PUD process. Any existing trees proposing to remain shall be determined to be healthy and of the appropriate species as determined by the City. 6. Eco-grass,green roofs,rooftop gardens,limiting irrigation through xeriscaping and rainwater collection and reuse, public art, and other sustainable practices related to landscaping may be considered as counting toward a portion of the caliper inches required by this section as determined through the PUD process. B. Landscaping shall be in substantial conformance with the Town Center Design Guidelines. Due to the urban character of the Town Center District, less landscape space will be available than in other zoning districts. Therefore a higher level of design detail and level of landscaping is required for the concentrated open space, pervious surface areas, plazas, planters, screening areas and streetscape areas. Rooftop gardens and green roofs are encouraged. A detailed landscape plan prepared by a landscape architect shall be submitted with the development application. Subd.4315.Signage. All sites and buildings shall comply with Sign Permits standards established in Section 11.70 and shall be in substantial conformance with the Town Center Design Guidelines. Subd.4416.Lighting. All sites and buildings shall comply with Glare standards established in Section 11.03 Subd 4(E)and shall be in substantial conformance with the Town Center Design Guidelines. Subd. 4517. Mechanical Equipment, Trash, Loading Facilities. All sites and buildings shall comply with the Screening standards in Section 11.03 Subd 3(G), Off-Street Loading Facilities standards in Section 11.03 Subd 3(I) and Wastes standards in Section 11.03 Subd 4(F) of Chapter 11 of the City Code and shall be in substantial conformance with the Town Center Design Guidelines. Source: Ordinance No.28-2007 Effective Date: 12-27-2007 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2018- A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. 2018 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. _-2018 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 18th day of September, 2018. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: A. Ordinance No. _-2018 is lengthy. B. The text of summary of Ordinance No. _-2018, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. C. The title and summary shall be published once in the Eden Prairie News in a body type no smaller than brevier or eight-point type. D. A printed copy of the Ordinance shall be made available for inspection by any person, during regular office hours, at the office of the City Clerk, and a copy of the entire text of the Ordinance shall be posted in the City offices. E. Ordinance _-2018 shall be recorded in the Ordinance Book, along with proof of publication, within twenty(20) days after said publication. ADOPTED by the City Council on September 18, 2018. Ron Case, Acting Mayor (Seal) ATTEST: Kathleen Porta, City Clerk EXHIBIT A CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE -2018 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11, SECTIONS 11.26, TRANSIT ORIENTED DEVELOPMENT AND SECTION 11.27, TOWN CENTER; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Summary: This ordinance amends Chapter 11 relating to regulations for the Transit Oriented Development (TOD) and the Town Center(TC) zoning districts. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Ron Case, Acting Mayor PUBLISHED in the Eden Prairie News on , 2018. (A full copy of the text of this Ordinance is available from City Clerk.) CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 18, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Office of the City Manager/ Resolution accepting advertising items and authorizing VIII.C. Finance, Sue Kotchevar disposal as promotional items given to customers Requested Action Move to adopt the resolution accepting advertising items and authorizing disposal as promotional items given to customers Synopsis The Eden Prairie Liquor operations periodically receives advertising items from vendors to use in the display of product. Items can include coolers, glasses, golf bags, neon signs, etc. Once the items are no longer needed for a display, we have the authority to use the items as promotional giveaways to our customers. This resolution gives the operations the authority to accept these items and use the items as promotional opportunities. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2018- RESOLUTION ACCEPTING ADVERTSING ITEMS AND AUTHORIZING DISPOSAL AS PROMOTIONAL GIVEN TO CUSTOMERS WHEREAS, The City of Eden Prairie is generally authorized to accept donations of personal property pursuant to Minnesota Statutes Section 465.03 for the benefit of its citizens; and WHEREAS, the Eden Prairie Liquor operations periodically receive advertising items from vendors to use in the display of product. Items can include coolers, glasses, golf bags, neon signs, and other items advertising items; and WHEREAS, when the items donated by vendors are no longer needed for a display, the City has the authority to dispose of the items as promotional items as giveaways to customers of the City's liquor stores. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that: 1. The City Council approves acceptance of donations from vendors of the City liquor stores of advertising items to be used in the City's liquor store operations. 2. At such time as the donations from vendors are no longer needed for display in the City's liquor operations, the City Manager is authorized to dispose of such items as promotional giveaways to customers as part of the marketing program of the City's liquor store. No employee or public official of the City may receive such promotional items. ADOPTED by the Eden Prairie City Council on this 18th day of September, 2018. Ron Case, Acting Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 18, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Office of City Manager, Declare obsolete computer equipment as VIII.D. Information Technology/ surplus. Aditi Salunke Requested Action Move to: Declare obsolete equipment as surplus and authorize the City Manager to dispose of property to manage end of life computers, monitors and electronics using Minnesota Computer's services and the State of Minnesota as authorized under City Code Section 2.86, Subd. 3. Synopsis The City has a surplus of obsolete computer equipment. The equipment in the attached list is of no use and will be recycled. PC's for People, based in St. Paul MN, will pick up computer equipment for recycling and disposal. Based on items in this list, we do not anticipate any charges for removal. For disposal of certain types of equipment, the city may be charged a nominal fee. All equipment will be disposed of as authorized by City Code Section 2.86, Subd. 3. Attachment List of surplus equipment Asset Type Manufacturer Model Serial Number Laptop HP Elitebook 8560P 5CB2055GJ5 Weather Station Davis VantagePRO2 A00412A008 Hotspot Novatel Wireless MiFi620L 649496019587 PC HP 8000 Elite SFF MXL0440F7G Video Card ASUS GeForce 210 ECC0YZ299147 Headset Plantronics CS70N BD135322 HDMI Splitter Monoprice MHSP0104E HDMI Extender L8614236308 HDMI Extender Monoprice Switch Li n ksys EG008W RDV20G400814 Switch Lin ksys EG008W R DV30J404755 Camera System Integral 3326A13 IT698476 Audio Telex HB-3 Plus Audio Telex NEO-10 Audio Telex HB-3 Plus Audio Telex HB-3 Plus Audio Telex NEO-10 KVM Belkin F1DJ104P-B 839000288 Camera System Integral 3362A13 IT698456 Camera System Integral 3362A13 IT698730 Camera System Integral 3326-20001 IT709810 Paging Motorola L3468A 322CJA0001 Camera System Axis 0288-001-02 ACCC8E2CEC15 Camera System Kalatel KTD-341 Air Card Novatel Wireless PC770 9112537187 Hotspot Novatel Wireless MIF15510L 649496018542 HDMI Extender Monoprice MHSP0104E HDMI Receiver Monoprice HDMI Receiver Monoprice HDMI Receiver Monoprice Laminator Fellowes Venus 125 CRC52159 Cable Box DirecTV D12-100 A10MDOFP390143 Cable Box DirecTV D12-100 A10LDOCX120025 Hotspot Novatel Wireless MIF14620LE 649496018696 PC HP HP Compaq 8300 SFF MXL3330N2K PC HP HP Compaq 8300 SFF MXL3451VOL PC HP HP EliteDesk 800 G1 SFF MXL4010D14 PC HP HP EliteDesk 800 G1 SFF 2UA44226ZD PC HP HP Compaq 8300 SFF MXL30420KF PC HP HP Compaq 8300 SFF MXL3411BNQ PC HP HP Compaq 8300 SFF MXL3411BNP PC HP HP Compaq 8300 SFF MXL3411BNS PC HP HP Compaq 8300 SFF MXL3411BNG PC HP HP Compaq 8200 SFF MXL152013S PC HP HP EliteDesk 800 G1 SFF 2UA44226Z4 PC HP HP Compaq 8300 SFF MXL3330N2B PC HP HP EliteDesk 800 G1 SFF MXL4010D18 PC HP HP Compaq 8300 SFF MXL3330N2R PC HP HP Compaq 8300 SFF MXL3330N2J PC HP HP Compaq 8200 SFF MXL2161GCV PC HP HP Compaq dc7900 SFF 2UA9190B41 PC HP HP EliteDesk 800 G1 SFF MXL4010D16 PC HP HP compaq 8000 Elite SFF 2UA01614MD PC HP HP Compaq 8300 SFF MXL3411BNM PC HP HP Compaq 8300 SFF MXL3411BNK PC HP HP EliteDesk 800 G1 SFF 2UA4170806 PC HP HP EliteDesk 800 G1 SFF 2UA412209T PC HP HP Compaq 8300 SFF MXL3330N2C PC HP HP EliteDesk 800 G1 SFF 2UA4101H6V PC HP HP Compaq 8300 SFF MXL3061YC5 PC HP HP Compaq 8200 SFF MXL1251P55 PC HP HP compaq 8000 Elite SFF MXL1080SDS PC HP HP EliteDesk 800 G1 SFF 2UA4101H6Y PC HP HP EliteDesk 800 G1 SFF 2UA4101H71 PC HP HP EliteDesk 800 G1 SFF MXL4010D13 PC HP HP EliteDesk 800 G1 SFF 2UA44226Z9 PC HP HP Compaq 8300 SFF MXL3411BNV PC HP HP Compaq 8300 SFF MXL23313ZZ PC HP HP Compaq 8300 SFF MXL34020K3 PC HP HP Compaq 8300 SFF MXL3330N2Q PC HP HP EliteDesk 800 G1 SFF 2UA4101H72 PC HP HP Compaq 8200 SFF MXL152013Y PC HP HP Compaq 8300 SFF MXL3330N2D PC HP HP Compaq 8200 SFF MXL2161GD7 PC HP HP Compaq 8300 SFF MXL3330N2L PC HP HP Compaq 8300 SFF MXL3411BNN PC HP HP Compaq 8300 SFF MXL30420KD PC HP HP compaq 8000 Elite SFF MXL046NX8 PC HP HP compaq 8000 Elite SFF MXL0480JG8 PC HP HP Compaq 8300 SFF 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214-947-840 Desk Phone Mitel 5212 IP Phone AVADS9105 Desk Phone Mitel 5312 IP Phone FSAIB8826 Desk Phone Mitel 5215 IP Phone AVAA8096 Desk Phone Mitel 5330 IP Phone AVAHK0039 Desk Phone Mitel 5212 IP Phone AVADT9283 Desk Phone Mitel 5224 IP Phone AVAAV1000 Desk Phone Mitel 5224 IP Phone AVAAY4720 Desk Phone Mitel 5312 IP Phone FSAJV9960 Desk Phone Mitel 5224 IP Phone AVAAY3923 Car Dock Gambler-Johnson 7160-0461-02-P F10414AAL008 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 18, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Adopt Resolution Declaring Costs to be Assessed Denise Christensen VIII.E. and Ordering Preparation of 2018 Special Public Works/Engineering Assessment Roll and Setting Hearing Date Requested Action Move to: Adopt resolution declaring costs to be assessed and ordering preparation of 2018 Special Assessment Hearing rolls and setting Hearing date. Synopsis A Special Assessment Hearing is conducted annually in late October or early November. The assessments levied are for projects which have reached the point of substantial completion since the previous hearing and supplemental assessments for such things as trunk utility assessments and contracted removal assessments. This process is conducted in accordance with State Statutes and procedure developed with the assistance of the City Attorney. Attachments Resolution Exhibit A - 2018 Special Assessments CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2018- RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF 2018 SPECIAL ASSESSMENT ROLLS AND SETTING HEARING DATE WHEREAS, contracts have been let for the following listed improvements and the total project costs, including expenses incurred, or to be incurred and the City's share, exclusive of that assignable to City Property, are established as shown on the attached Exhibit A. NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council: 1. The costs of such improvements to be specially assessed are hereby declared to be those as set forth in Exhibit A. 2. The City Clerk with the assistance of the City Engineer shall forthwith calculate the proper amount to be assessed for each improvement against every assessable lot, piece or parcel of land within the district affected without regard to cash valuation, as provided by law, and shall file a copy of such proposed assessment in the office of the City Engineer for public inspection. 3. A hearing shall be held on the 16th day of October, 2018, at the Eden Prairie City Center, 8080 Mitchell Road, at 7:00 p.m., to pass upon such proposed assessments and at such time and place all persons owning property affected by such improvements will be given an opportunity to be heard with reference to such assessments. 4. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessments to be published once in the official newspaper at least two weeks prior to the hearing. The Clerk shall also cause mailed notice to be given to the owner of the record of each parcel described in the assessment roll not less than two weeks prior to the hearing. ADOPTED by the Eden Prairie City Council on September 18,2018. Ron Case, Acting Mayor ATTEST: SEAL Kathleen Porta, City Clerk EXHIBIT A 2018 SPECIAL ASSESSMENTS September 18,2018 Supplementals Total Cost City Funds Amount to be Assessed Trunk Sewer&Water $8,563.00 $0.00 8,563.00 Tall Grass &Weed Contracted Removal $1,800.00 $0.00 $1,800.00 Tree Contracted Removal $8,315.00 $0.00 $8,315.00 $18,678.00 $0.00 $18,678.00 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 18, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Approve Public Works Joint Powers Robert Ellis Mutual Aid Agreement VIII.F. Public Work Requested Action Move to: Adopt Resolution approving Public Works Joint Powers Mutual Aid Agreement. Synopsis This joint powers mutual aid agreement will allow the City of Eden Prairie to request aid from other cities in the event the city does not have the necessary resources to respond to an event or situation. There is no membership or other fixed cost to participate in this agreement. The joint powers agreement specifically allows a requesting party to select the resources that best meets the needs of a given situation. The decision as to when to invoke mutual aid and whether to respond is left to the discretion of the requesting or sending party. For liability reasons, management of a mutual aid situation is under the control of the requesting party. The sending party has discretion whether to provide personnel or equipment and can recall such assistance at any time. Hennepin County Emergency Management("HCEM")has volunteered to serve as the administrative coordinator of the pact. They have the largest EM staff of any County EM Department in the State. Each Party is responsible for its own personnel and equipment and for injuries or death to any such personnel or damage to any such equipment. Responding personnel shall be deemed to be performing their regular duties for each respective Sending Party for purposes of workers' compensation. Background Information The Utilities Division within the Public Works Department has a mutual aid agreement through the statewide MNWARN organization for aid in responding to utilities related events. This agreement will be similar in nature, but will also cover requests for aid with respect to Streets, Engineering, and Fleet operations. Several metro area cities have, or are in the process of, adopting this joint powers mutual aid agreement. Financial Implications All Eden Prairie costs (equipment, material, labor, etc.) are recoverable through the agency requesting aid. Similarly, if Eden Prairie requests aid then we are responsible for reimbursing the responding agency for their costs. Attachments Public Works Joint Powers Mutual Aid Agreement Resolution STATE OF MINNESOTA PUBLIC WORKS MUTUAL AID PACT TABLE OF CONTENTS FOREWORD 2 PUBLIC WORKS JOINT POWERS MUTUAL AID AGREEMENT 4 I. GENERAL PURPOSE 4 II. DEFINITION OF TERMS 4 III. PARTIES 5 IV. PROCEDURE 5 V. RESPONSIBILITY AND LIABILITY 6 VI. EFFECTIVE DATE AND MODIFICATIONS 7 VII. WITHDRAWAL AND TERMINATION 7 1 PUBLIC WORKS JOINT POWERS MUTUAL AID AGREEMENT FOREWORD The general purpose of this Public Works Joint Powers Mutual Aid Agreement ("Agreement") is to provide a process for units of government to share public works personnel and equipment with other agencies within the State of Minnesota. This Agreement specifically allows a requesting party to select the resources that best meets the needs of a given situation. A requesting party may call upon any other participating party for mutual aid. There is no requirement to make requests through a particular party. In addition, this Agreement should not be interpreted as being limited to providing resources to deal with only major catastrophic situations. Participating parties can utilize the resources for many reasons including routine circumstances such as training efforts, maintenance operations, joint-projects, and back-up support service. This Agreement provides the flexibility for all units of government to use the resources located among all participating parties in the State of Minnesota. The decision as to when to invoke mutual aid and whether to respond is left to the discretion of the requesting or sending party. Each unit of government should acquaint supervisory personnel with any internal procedures used for mutual aid. While the Joint Powers Agreement does not require particular words or actions to initiate mutual aid, agencies should be clear about whether mutual aid is being requested and what type of assistance is requested. The responding agency should also be clear about what, if any, assistance they will provide in response to the request. Parties should not self-deploy. Furthermore, each staff member within a department should have a basic familiarity with mutual aid, the responsibilities when reporting to another unit of government and the protections afforded under the unit of government's workers' compensation. For liability reasons, management of a mutual aid situation is under the control of the requesting party. However, the sending party has discretion whether to provide personnel or equipment and can recall such assistance at any time. While there is no hard and fast time limit related to requests for mutual aid, the commitment of resources can be taxing on agencies. In addition, in some situations an advantage can be gained by ending a mutual aid request and entering into a different form of contractual assistance. In order to keep this mutual aid agreement closer to local level of government, Hennepin County Emergency Management ("HCEM") has volunteered to serve as the administrative coordinator for the units of government entering into this Agreement. When a community adopts this Agreement a fully executed copy of the Agreement needs to be forwarded to HCEM. Each unit of government is responsible for entering and updating available unit of government resources. Resources will now be listed online in a mutually agreed upon resource management database. The parties to this Agreement are solely responsible for updating their available resources in the agreed upon database. 2 The effective date for this Agreement is October 1, 2018. This date was established to allow enough time for agencies to receive the appropriate authority. Participation can be started upon execution of the Agreement and is effective for a unit of government upon its submission of the signed Agreement to HCEM. Agencies that elect not to participate in the Agreement may be bound by other existing mutual aid agreement or state statutes. 3 PUBLIC WORKS JOINT POWERS MUTUAL AID AGREEMENT This Public Works Joint Powers Mutual Aid Agreement ("Agreement") is formed and entered into effective as of the 1st day of October, 2018 by and among the governmental units that have executed this document as evidenced by the signature pages attached hereto (individually, a "Party" and collectively, the "Parties"). GENERAL PURPOSE The general purpose of this Agreement is to provide a means by which a Party may request and obtain public works assistance from one or more other Parties when the Party determines such public works assistance is necessary. This Agreement is made pursuant to Minnesota Statutes, section 471.59, which authorizes the joint or cooperative exercise of powers common to the Parties. II. DEFINITION OF TERMS For the purposes of this Agreement, the terms defined in this section shall have the following meanings: Subd. 1. Eligible Party. "Eligible Party" means a "governmental unit" as defined by Minnesota Statues, section 471.59, subdivision 1. Subd. 2. Public Works Assistance. "Public Works Assistance" means equipment and personnel including, but not limited to, licensed staff, professional engineers, and non-licensed personnel that are used for activities related to streets, water, stormwater, wastewater, sewers, parks, transit, buildings/facilities, airports, and all other public works programs. Subd. 3. Party and Parties. "Party" means an Eligible Party that elects to participate in this Agreement by the authorization of its governing body. "Parties" means more than one Party to this Agreement. Subd. 4. Requesting Official. "Requesting Official" means a person who is designated by the Requesting Party to request Public Works Assistance from another Party. Subd. 5. Requesting Party. "Requesting Party" means a Party that requests Public Works Assistance from another Party. Subd. 6. Sending Official. "Sending Official" means a person who is designated by a Party to determine whether and to what extent that Party should provide Public Works Assistance to a Requesting Party. Subd. 7. Sending Party. "Sending Party" means a Party that provides Public Works Assistance to a Requesting Party. Subd. 8. HCEM. "HCEM" means the Hennepin County Emergency Management or designee. 4 III. PARTIES The Parties to this Agreement shall consist of as many Eligible Parties that have approved this Agreement by October 1, 2018. Additional Eligible Parties shall become a Party on the date this Agreement is approved and executed by the Party's governing body. Upon approval by a Party, the executed signature page of this Agreement shall be sent to the HCEM along with a resolution approving this Agreement. IV. PROCEDURE Subd. 1. Designate Officials. Each Party shall designate, and keep on file with the HCEM, the name of the person(s) of that Party who shall be its Requesting Official and Sending Official. A Party may designate the same person as both the Requesting Official and the Sending Official. Also, a Party may designate one or more persons to serve as an alternate in the absence of a designated official. Subd. 2. Request for Assistance. Whenever, in the opinion of a Requesting Official of a Party, there is a need for Public Works Assistance from another Party, such Requesting Official may, at his or her discretion, call upon the Sending Official of any other Party to furnish Public Works Assistance. Subd. 3. Response. Upon the receipt of a request for Public Works Assistance from a Party, the Sending Official may authorize and direct personnel and equipment of the Sending Party be sent to the Requesting Party. Whether the Sending Party provides such Public Works Assistance to the Requesting Party and, if so, to what extent such Public Works Assistance is provided shall be determined solely by the Sending Official (subject to such supervision and direction as may be applicable within the governmental structure of the Party by which they are employed). Failure to provide Public Works Assistance will not result in liability to a Party and each Party hereby waives all claims against another Party for failure to provide Public Works Assistance. Subd. 4. Back-Up Assistance. When a Sending Party provides Public Works Assistance under the terms of this Agreement, it may in turn request Public Works Assistance from other Parties as "back-up" during the period it is it outside of its jurisdiction providing Public Works Assistance to the original Requesting Party. Subd. 5. Recalling Assistance. Whenever a Sending Party has provided Public Works Assistance to a Requesting Party, the Sending Official may at any time recall its personnel and equipment, or any part thereof, if the Sending Official in his or her best judgment deems such recall is necessary to provide for the best interests of the Sending Party's community. Such action will not result in liability to any Party and each Party hereby waives all claims against another Party for recalling Public Works Assistance. 5 Subd. 6. Command of Scene. The Requesting Party shall be in command of all situations where Public Works Assistance is provided. The personnel and equipment of the Sending Party shall be under the direction and control of the Requesting Party until the Sending Party withdraws Public Works Assistance or the Public Works Assistance is no longer needed. Subd. 7. Charges. Charges may be levied by a Sending Party for Public Works Assistance rendered to a Requesting Party under the terms of this Agreement. The Sending Party may submit to the Requesting Party an itemized bill for the actual cost of any Public Works Assistance provided, including salaries, overtime, materials, and supplies, equipment operation, and other necessary expenses. The Requesting Party will reimburse the Sending Party providing the Public Works Assistance for that amount or other such amount as mutually negotiated. Such charges are not contingent upon the availability of federal or state government funds. A Party may request a list of rates from another Party prior to requesting assistance. No charges shall apply to joint training events unless the Parties participating in the particular event agree to a charge in writing prior to the event. V. RESPONSIBILITY AND LIABILITY Subd. 1. Personnel. Each Party shall be responsible for its own personnel and equipment, and for injuries or death to any such personnel or damage to any such equipment. Responding personnel shall be deemed to be performing their regular duties for each respective Sending Party for purposes of workers' compensation. Subd. 2. Worker's Compensation. Each Party will maintain workers' compensation insurance or self-insurance coverage, covering its own personnel while they are providing Public Works Assistance pursuant to this Agreement. Each Party, and where applicable its insurer or coverage provider, waives the right to sue any other Party for any worker's compensation benefits paid to its own employee or volunteer or their dependents, even if the injuries or death were caused wholly or partially by the negligence of any other Party or its officers, employees, or volunteers. Subd. 3. Damage to Equipment. Each Party shall be responsible for damages to or loss of its own equipment. Each Party, and where applicable its insurer or coverage provider, waives the right to sue any other Party for any damages to or loss of its equipment, even if the damages or losses were caused wholly or partially by the negligence of any other Party or its officers, employees or volunteers. Subd. 4. Liability. For the purposes of the Minnesota Municipal Tort Liability Act (Minnesota Statutes, Chapter 466), the employees and officers of the Sending Party are deemed to be employees (as defined in Minnesota Statutes, section 466.01, subdivision 6) of the Requesting Party. The Requesting Party agrees to defend and indemnify the Sending Party against any claims brought or actions filed against a Sending Party or any officers, employees, or volunteers of a Sending Party for injury or death to any third person or persons or damage to the property of third persons arising out of the performance and provision of Public Works Assistance pursuant to the Agreement. Under no 6 circumstances, however, shall a Party be required to pay, on behalf of itself and other Parties, any amount in excess of the limits of liability established in Minnesota Statutes, chapter 466, applicable to any one Party. The limits of liability for some or all of the Parties may not, as provided in Minnesota Statutes, section 471.59, subdivision 1a, be added together to determine the maximum amount of liability for any Party. The intent of this subdivision is to impose on each Requesting Party a limited duty to defend and indemnify a Sending Party for claims arising within the Requesting Party's jurisdiction subject to the limits of liability under Minnesota Statutes, chapter 466. The purpose of creating this duty to defend and indemnify is to simplify the defense of claims by eliminating conflicts among the Parties and to permit liability claims against the Parties from a single occurrence to be defended by a single attorney. However, the Sending Party, at is option and its own expense, shall have the right to select its own attorney or approve a joint attorney as appropriate, considering potential conflicts of interest. Nothing in this Agreement is intended to constitute a waiver of any immunities and privileges from liability available under federal law or the laws of Minnesota. If a court determines that the liability of a Party or Parties is not subject to the tort caps and liability exceeds the tort cap maximum, a Party shall be subject to liability only for the acts of its officers, employees and volunteers. No Party to this Agreement nor any official, employee or volunteer of any Party shall be liable to any other Party or to any other person for failure of any Party to furnish Public Works Assistance or for recalling Public Works Assistance. VI. EFFECTIVE DATE AND MODIFICATIONS This Agreement shall become effective and operative beginning at 12:01 A.M., local time on October 1, 2018. The HCEM shall maintain a current list of the Parties to this Agreement and, whenever there is a change, shall notify the designated Sending Officials. Notice may be sent to the Sending Officials via email or through the United States Postal Service. No modification of this Agreement shall be effective unless it is reduced to writing and is approved by action of the governing body of each of the then current Parties. VII. WITHDRAWAL AND TERMINATION A Party may withdraw from this Agreement by its governing body adopting a resolution to withdraw. Withdrawal is effective after 30 days' written notice is provided to the HCEM. HCEM shall thereupon give notice of such withdrawal, and the effective date thereof, to all other Parties. Parties that have withdrawn may rejoin by following the procedure set forth in this Agreement. This Agreement will terminate with respect to all Parties if the total number of Parties to the Agreement falls below 11. HCEM shall notify the remaining Parties that the Agreement has terminated. 7 IN WITNESS WHEREOF, the Parties, by action of their respective governing bodies, caused this Agreement to be approved on the dates below. (Each Party must attach a dated and signed signature page consistent with that Party's method of executing contracts.) 8 Entity: Mailing Address: Adopted on the day of , 2018. By: Its: By: Its: Attest: By: Its: 9 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2018- A RESOLUTION APPROVING THE PUBLIC WORK JOINT POWERS MUTUAL AID AGREEMENT WHEREAS,the Public Works Joint Powers Mutual Aid Agreement will allow the City of Eden Prairie to request aid from other cities in the event the City does not have the necessary resources to respond to an event or situation; and WHEREAS,there is no membership or other fixed cost to participate in this agreement and the decision to invoke mutual aid or respond to another city's request for mutual aid is left to the discretion of the requesting or sending party; and WHEREAS, Hennepin County Emergency Management has volunteered to serve as the administrative coordinator of the mutual aid pact between cities; and WHEREAS, each party is responsible for its own personnel and equipment and for injuries or death to any such personnel or damage to any such equipment; and WHEREAS, the mutual aid requesting party is obligated to reimburse the responding party for all actual equipment use,material, labor, and operational costs accrued as a result of a response. NOW, THEREFORE, BE IT RESOLVED the Eden Prairie City Council approves entering into the Public Works Joint Powers Mutual Aid Agreement. ADOPTED by the Eden Prairie City Council on September 18, 2018. Ron Case, Acting Mayor ATTEST: SEAL Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 18, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Rick Wahlen Approve Master Agreement for Contract VIII.G. Public Works/UtilitiesServices with Parrott Contracting, Inc. for Water and Sewer Utility Leak Repairs Requested Action Move to: Approve the Master Agreement for contract Services with Parrott Contracting, Inc. for Water and Sewer Utility Leak Repairs in the amount of$120,000. Synopsis This contract provides for the emergency repair of public water and sewer underground utilities. The annual contract is an estimated maximum amount, and actual costs will be billed on a time- and-material basis. Background Information Eden Prairie's water system has annually experienced a very small number of leaks due to its relatively young age. In most years, fewer than half-a-dozen repairs are necessary to repair underground water leaks. The past 5 years have shown an increase in the frequency of water main leaks, and it is important that we have a contract for these growing number of repairs. Parrott Contracting has been our least-cost contractor of choice over many years, is extremely responsive and flexible for emergency call-ups, and they have a strong knowledge of our system, procedures, and personnel. Parrott will be notified to perform work on an as-needed basis using Exhibit A to the agreement. All costs accumulated within this agreement will be paid from the water utility enterprise operations and maintenance fund. Attachments Attach— 1 Agreement Attach—2 Exhibit A, Work Order Attach—3 Exhibit B, Rate Schedule Master Agreement for Contract Services This Agreement ("Agreement") is made on the 18th day of September, 2018, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Parrott Contracting, Inc. , a Minnesota corporation (hereinafter "Contractor") whose business address is 30090 State Highway 93, Henderson, MN 56044 . 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 Water and Sewer Utility Leak Repairs 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 water and sewer utility leak repairs as requested by the City. The services are described in the City's "Standard Detail Specifications for Sanitary and Storm Sewer and Watermain Systems; Excavation, Installation, and Non-Payment Restoration Procedures" Revised 2014 and the City's "Standard Detail Specifications for Water Main Systems" Revised 2014 (collectively the "Specifications") which are available upon request from the Manager of Utility Operations. All Work shall be performed by Contractor pursuant to a work order ("Work Order") issued by the City. Each Work Order shall be in the form attached hereto as Exhibit A and shall specify the Work to be completed and date by which it must be completed. All Work shall be performed pursuant to the applicable Work Order and Specifications and shall be subject to the terms and conditions of this Agreement. No Work shall be performed by the Contactor until it has received a Work Order from the City. Any Contractor's proposal and/or general conditions are not a part of this Agreement. 2. Effective Date and Term of Agreement. This Agreement shall become effective as of September 18, 2018. The Agreement shall continue for two (2) years thereafter unless terminated earlier as provided herein. 3. Obligations of Contractor. Contractor shall conform to the following obligations: a. Contractor shall provide the materials and services required to perform the Work. b. Contractor's personnel must be neat appearing, and abide by City's no smoking policies. c. 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 City, to present a first class operation. d. Contractor shall ensure all repair methods follow AWWA standards of water main health safeguards, including ANSI/AWWA Standard 600-606, AWWA Standard C651-14, and the most recent version of the Ten States Standards for Water Works. 4. City's Obligations. City will do or provide to Contractor the following: a. Provide access to City properties as appropriate. 5. Compensation for Services. City agrees to pay the Contractor hourly at the rates set forth in the rate schedule attached as Exhibit B with total payments made in each one year period not to exceed $120,000 as full and complete payment for the labor, materials and services rendered pursuant to this Agreement. 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 Agreement. A separate invoice shall be submitted for each Work Order after the Work requested by the Work Order is accepted in writing by the City. 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 Dave Parrot to Manage the Work. He 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. Page 2 of 8 b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work under each Work Order: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General Liability $1,000,000 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. Page 3 of 8 j. Contractor agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City's written acceptance of the Work. k. It shall be Contractor's responsibility to pay any retention or deductible for the coverages required herein. I. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days' prior notice to the City, except that if the cancellation or non- renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten (10) days' prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor's Work. Upon request a copy of the Contractor's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City's right to enforce the terms of Contractor's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor's Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: Page 4 of 8 i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 10. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 11. Termination. a. This Agreement may be terminated at any time by either party for breach or non- performance of any provision of this Agreement in accordance with the following. The party ("notifying party") who desires to terminate this Agreement for breach or non-performance of the other party ("notified party") shall give the notified party notice in writing of the notifying party's desire to terminate this Agreement describing the breach or non-performance of this Agreement entitling it to do so. The notified party shall have five (5) days from the date of such notice to cure the breach or non- performance. Upon failure of the notified party to do so, this Agreement shall automatically terminate. b. Upon the termination of this Agreement, whether by expiration of the original or any extended term or terms hereof, or for any other reason, Contractor shall have the right, within a reasonable time after such termination to remove from City's premises any and all of Contractor's equipment and other property. Except for liability resulting from acts or omissions of a party, arising, taken or omitted prior to such termination, the rights and obligations of each party resulting from this Agreement shall cease upon such termination. Any prior liability of a party shall survive termination of this Agreement. c. In the event of dissolution, termination of existence, insolvency, appointment of a receiver, assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency law, or the service of any warrant, attachment, levy or similar process involving Contractor, City may, at its option in addition to any other remedy to which City may be entitled, immediately terminate this Agreement by notice to Contractor, in which event, this Agreement shall terminate on the notice becoming effective. 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: Page 5 of 8 David Parrott 30090 State Highway 93 Henderson, Minnesota 56044 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: Manager of Utility Operations City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Notices shall be deemed effective on the date of receipt. Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 13. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 14. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 15. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by the Contractor under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Agreement shall contain similar Data Practices Act compliance language. 16. Non-Discrimination. During the performance of this Agreement, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph Page 6 of 8 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. 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 Page 7 of 8 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 the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 27. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager CONTRACTOR By: Its: Page 8 of 8 Exhibit A Utility Repair Contractor Work Order For Master Agreement for Contract Services between Parrott Contracting, Inc. and the City of Eden Prairie dated 18 September, 2018 Address/ Location of Repair Date Issued Time Issued Complete by date/time Water Storm Sewer Description of Repair Contractor Contact Contractor Contact Phone City Contact City Contact Phone City Obligations Contractor Responsibilities I I Traffic control ❑ Excavator Pavement and curb saw cuts Trench Box Dump with operator Compactor I I Water isolation and turn-on ❑ Skid-Steer Repair parts Traffic Control Fill material per city spec Repair parts per city spec Street surface restoration Asphalt replacement Curb restoration Concrete replacement Turf restoration Turf restoration Permits by City Contractor Locates by City Contractor Easement access ❑ City Contractor Notes EXHIBIT B 2018-2020 EQUIPMENT AND LABOR RATE SHEET PARROTT CONTRACTING, INC. Rates with Operator Unit Price Unit 200 Excavator $ 208 HR 130 Excavator $ 173 HR Hydraulic Compactor $ 334 DA Trench Box $ 227 DA Mobilization $ 161 Move Skid Loader $ 117 HR Service Truck with Tools $ 207 DA Tri-Axle $ 106 HR Dozer 700 John Deere $ 163 HR Dozer 850 Case $ 153 HR Laborer $ 95 HR Overtime $ 29 HR/PERSON Double Time (Sundays & Holidays) $ 58 HR/PERSON CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 18, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Rick Wahlen Approve Master Agreement for Contract VIII.H. Public Works/UtilitiesServices with Valley Rich Company, Inc. for Water and Sewer Utility Leak Repairs Requested Action Move to: Approve the Master Agreement for contract Services with Parrott Contracting, Inc. for Water and Sewer Utility Leak Repairs in the amount of$100,000. Synopsis This contract provides for the emergency repair of public water and sewer underground utilities. The annual contract is an estimated maximum amount, and actual costs will be billed on a time- and-material basis. Background Information Eden Prairie's water system has annually experienced a very small number of leaks due to its relatively young age. In most years, fewer than half-a-dozen repairs are necessary to repair underground water leaks. The past couple of years have shown an increase in the frequency of water main leaks, and it is important that we have a contract for these growing number of repairs. Valley Rich is our contractor who performs our larger, more complicated repair projects, and does repairs in major traffic locations requiring more resources and coordination. Valley Rich will be notified to perform work on an as-needed basis using Exhibit A to the agreement. All costs accumulated within this agreement will be paid from the water utility enterprise operations and maintenance fund. Attachments Attach— 1 Agreement Attach—2 Exhibit A, Work Order Attach—3 Exhibit B, Rate Schedule Master Agreement for Contract Services This Agreement ("Agreement") is made on the 20th day of September, 2016, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Valley Rich Contracting, Inc , a Minnesota corporation (hereinafter "Contractor") whose business address is 147 N Jonathan Blvd # 4, Chaska, MN 55318_. 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 Water and Sewer Utility Leak Repairs 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 water and sewer utility leak repairs as requested by the City. The services are described in the City's "Standard Detail Specifications for Sanitary and Storm Sewer and Watermain Systems; Excavation, Installation, and Non-Payment Restoration Procedures" Revised 2014 and the City's "Standard Detail Specifications for Water Main Systems" Revised 2014 (collectively the "Specifications") which are available upon request from the Manager of Utility Operations. All Work shall be performed by Contractor pursuant to a work order ("Work Order") issued by the City. Each Work Order shall be in the form attached hereto as Exhibit A and shall specify the Work to be completed and date by which it must be completed. All Work shall be performed pursuant to the applicable Work Order and Specifications and shall be subject to the terms and conditions of this Agreement. No Work shall be performed by the Contactor until it has received a Work Order from the City. Any Contractor's proposal and/or general conditions are not a part of this Agreement. 2. Effective Date and Term of Agreement. This Agreement shall become effective as of September 18, 2016. The Agreement shall continue for two (2) years thereafter unless terminated earlier as provided herein. 3. Obligations of Contractor. Contractor shall conform to the following obligations: a. Contractor shall provide the materials and services required to perform the Work. b. Contractor's personnel must be neat appearing, and abide by City's no smoking policies. c. 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 City, to present a first class operation. d. Contractor shall ensure all repair methods follow AWWA standards of water main health safeguards, including ANSI/AWWA Standard 600-606, AWWA Standard C651-14, and the most recent version of the Ten States Standards for Water Works. 4. City's Obligations. City will do or provide to Contractor the following: a. Provide access to City properties as appropriate. 5. Compensation for Services. City agrees to pay the Contractor hourly at the rates set forth in the rate schedule attached as Exhibit B with total payments made in each one year period not to exceed $100,000 as full and complete payment for the labor, materials and services rendered pursuant to this Agreement. 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 Agreement. A separate invoice shall be submitted for each Work Order after the Work requested by the Work Order is accepted in writing by the City. 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 John Miklya to Manage the Work. He 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. Page 2 of 8 b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work under each Work Order: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General Liability $1,000,000 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. Page 3 of 8 j. Contractor agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City's written acceptance of the Work. k. It shall be Contractor's responsibility to pay any retention or deductible for the coverages required herein. I. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days' prior notice to the City, except that if the cancellation or non- renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten (10) days' prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor's Work. Upon request a copy of the Contractor's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City's right to enforce the terms of Contractor's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor's Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: Page 4 of 8 i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 10. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 11. Termination. a. This Agreement may be terminated at any time by either party for breach or non- performance of any provision of this Agreement in accordance with the following. The party ("notifying party") who desires to terminate this Agreement for breach or non-performance of the other party ("notified party") shall give the notified party notice in writing of the notifying party's desire to terminate this Agreement describing the breach or non-performance of this Agreement entitling it to do so. The notified party shall have five (5) days from the date of such notice to cure the breach or non- performance. Upon failure of the notified party to do so, this Agreement shall automatically terminate. b. Upon the termination of this Agreement, whether by expiration of the original or any extended term or terms hereof, or for any other reason, Contractor shall have the right, within a reasonable time after such termination to remove from City's premises any and all of Contractor's equipment and other property. Except for liability resulting from acts or omissions of a party, arising, taken or omitted prior to such termination, the rights and obligations of each party resulting from this Agreement shall cease upon such termination. Any prior liability of a party shall survive termination of this Agreement. c. In the event of dissolution, termination of existence, insolvency, appointment of a receiver, assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency law, or the service of any warrant, attachment, levy or similar process involving Contractor, City may, at its option in addition to any other remedy to which City may be entitled, immediately terminate this Agreement by notice to Contractor, in which event, this Agreement shall terminate on the notice becoming effective. 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: Page 5 of 8 John Miklya 147 N Jordan Blvd #4 Chaska, Minnesota 55318 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: Manager of Utility Operations City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Notices shall be deemed effective on the date of receipt. Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 13. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 14. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 15. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by the Contractor under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Agreement shall contain similar Data Practices Act compliance language. 16. Non-Discrimination. During the performance of this Agreement, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph Page 6 of 8 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. 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 Page 7 of 8 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 the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 27. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager CONTRACTOR By: Its: Page 8 of 8 Exhibit A Utility Repair Contractor Work Order For Master Agreement for Contract Services between Valley Rich Contracting, Inc. and the City of Eden Prairie dated 18 September 2018 Address/Location of Repair Date Issued Time Issued Complete by date/time Water Storm Sewer Description of Repair Contractor Contact Contractor Contact Phone City Contact City Contact Phone City Obligations Contractor Responsibilities Traffic control Excavator Pavement and curb saw cuts ❑ Trench Box Dump with operator Compactor Water isolation and turn-on n Skid-Steer Repair parts ❑ Traffic Control Fill material per city spec Repair parts per city spec Street surface restoration Asphalt replacement Curb restoration Concrete replacement Turf restoration Turf restoration Permits by City Contractor Locates by City Contractor Easement access City Contractor Notes EXHIBIT B 2018-2020 EQUIPMENT AND LABOR RATE SHEET VALLEY-RICH CO., INC. Rates with Operator Unit Price Unit Unit Price Unit Excavators: Earth Movers: Mini Excavator $ 148 HR Track Skid Steer 148 HR 1/4 Yard Excavator $ 164 HR Front End Loader 161 HR 7/8 Yard Excavator $ 179 HR Dozer 159 HR 7/8 Yard Excavator w/Attachments $ 202 DA Plus Breaker Attachment(Flat Fee) $ 403 DA Compaction: Plus Tamper Attachment(Flat Fee) $ 288 DA Small Hand Tamper 79 DA Plus Auger Attachment(Flat Fee) $ 403 DA Large Plate Tamper 105 DA 1-1/8 Yard Excavator $ 207 HR Walk Behind Drum Tamper 210 DA 1-1/2 Yard Excavator $ 230 HR Small Riding Compactor 139 HR 1-3/4 Yard Excavator $ 265 HR Large Riding Compactor 149 HR Tractors: Other Services: Tractor Backhoe $ 150 HR Labor 113 HR Tractor Backhoe w/Attachments $ 167 HR Overtime 57 HR/PERSON Plus Breaker(Flat Fee) $ 288 DA Double Time 113 HR/PERSON Plus Tamper(Flat Fee) $ 230 DA Sewer Televising 170 HR Pneumatic Gopher,4"-24"Pipe Bor Call Mobilization-Lowboy Rate 162 HR Mobilization-Flat Rate 323 Move Trench Box(Flat Fee) 263 DA CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 18, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Fire—George Esbensen Fire Eden Prairie Firefighter Relief VIII.I. Department Association Bylaws Amendments Requested Action Move to: Approve the two EPFFRA Bylaw changes as unanimously recommended by the EPFFRA Board of Trustees and approved by the general membership of the EPFRA. Background The first proposed Bylaw change is designed to positively impact the EPFFRA plan's long-term liability. The board of trustees' goal is to incent eligible members to consider the one-time lump sum payment option vs. the monthly defined benefit. Historically, members have not elected the lump sum option. Under recently amended Minnesota state statute, the EPFFRA can pay up to the maximum allowable amount of$15,000 per year of service. The board of trustees believes by moving to $12,400 per year of service amount, approximately 40% of future eligible members will elect the lump sum. By doing so, this would potentially limit the overall plan's future liability by removing the automatic increase provision for those members with 15 years of service, as well as the 2/3rds spousal benefit. The reason the Relief Association is recommending $12,400 per year of services is because this approximates the value of the monthly benefit currently defined as $56/month per year of service. We believe that very few members are taking the $10,000 lump sum(current benefit amount)because the value of that amount is less than the monthly benefit over the long term. We feel that by raising the current lump sum benefit from $10,000 to $12,400, more members will elect the lump sum, thereby strengthening the pension in the long term. The Bylaw wording change is illustrated in Article IX section 3 paragraph 2, an increase in the lump sum Lump Sum Service Pension: As adopted, the language of Art. IX.3(2) reads: (2) Lump Sum Service Pension:A lump sum service pension shall be calculated as follows: (i) For the period prior to 2011: 100 x Years of Service x Monthly Rate at time of retirement. (ii) For the period from 2011 through May 31, 2013: 150 x Years of Service x Monthly Rate of time of retirement. (iii) For retirements during the period from June 1, 2013 through , 2018 (date to be determined by City Council) $10,000 per year of service. (iv) For retirements during the period beginning , 2018 (date to be determined by City Council) and thereafter$12,400 per year of service. 2. The second proposed Bylaw change allows for a Return to Service by our most experienced fire fighters. The benefit of allowing this is that the Fire Department hopes to retain its most experienced members to provide continued services to our community. The mechanics of this change allows a fire fighter who has served for 10 years or more, and reaches age 50, to take a 60 day break in service and take the lump sum they are entitled to. After the break in service, they can come back to the department and if they complete 3 more years they can be eligible for an additional lump sum benefit equal to the lump sum amount then payable under the Bylaws. Adopting this Amendment will further incent taking the lump sum because a firefighter can only be eligible for a Return to Service if they originally take the lump sum. This further strengthens the Pension Fund in the long term by limiting its exposure. Article III.6 would be changed as follows: (b)Return to Service. If a member has a break in service of 60 days or more and receives a lump sum payment, and not a monthly service pension, and then resumes active membership in the Fire Department and membership in the Association, he will be entitled to receive a lump sum payment for his subsequent period of service,provided he completes a minimum of three years of subsequent service. The lump sum for the subsequent period of service will be based on the lump sum amount then payable under the Bylaws. Such payment shall have no effect on the member's previous service pension. In no event will the Association pay duplicate benefits for the same period of service. If a deferred member resumes active membership in the Fire Department and completes at least three years of resumption service, he will qualify for any pension increases that occur during the period of resumption service. Except as provided in this paragraph (b), a member who has a break of service of more than 60 days and returns to active service will not receive any credit or earn an additional benefit for a subsequent period of service. The above rules for payment of an additional benefit for a subsequent period of service do not apply to leaves of absence for which a firefighter continues to receive service credit during the leave under these Bylaws. (c)Effective Date. The changes in this Article II1.6. shall apply beginning , 2018, to members who retire on or after such date. Attachments Eden Prairie Firefighter Relief Association Bylaws Actuarial report(July 2018) Actuarial Forecast(June 2018) Value of Monthly Benefit(May 2017) Notice of Special Meeting for the EPFRA(9-6-18) Eden Prairie Firefighter Relief Association FIRE n,m HONox couw,�i Rst.!9b] EDEN PRAIRIE MI NNE50TA Bylaws TABLE OF CONTENTS PAGE ARTICLE I - NAME 1 ARTICLE II - PURPOSE 1 ARTICLE III -GENERAL DEFINITIONS 2 SURVIVING SPOUSE 2 FIDUCIARY RESPONSIBILITY 2 BENEFICIARY 2 BOARD OF TRUSTEES 2 CALCULATION OF QUALIFYING YEARS 2 BREAK IN SERVICE 3 YEARS OF ACTIVE SERVICE 3 ACTIVE SERVICE 3 TRUSTEES 3 DOMESTIC RELATIONS ORDER 3 PERSONAL LEAVE 3 MILITARY LEAVE 3 MEDICAL LEAVE 3 ARTICLE IV- MEMBERSHIP 4 QUALIFICATION FOR MEMBERSHIP 4 APPLICATION FOR MEMBERSHIP 4 TERMINATION OF MEMBERSHIP 4 CATEGORIES OF MEMBERSHIP 4 VOTING PRIVILEGES 5 ARTICLE V- BOARD OF TRUSTEES 6 COMPOSITION OF BOARD 6 TERMS OF TRUSTEES 6 OFFICERS OF BOARD 6 REMOVAL OF TRUSTEE OR OFFICER 7 ARTICLE VI - DUTIES OF OFFICERS 8 PRESIDENT 8 VICE-PRESIDENT 8 SECRETARY 8 TREASURER 9 TABLE OF CONTENTS PAGE ARTICLE VII - MEETINGS 10 ANNUAL MEETING 10 REGULAR MEETINGS OF THE BOARD OF TRUSTEES 10 SPECIAL MEETINGS OF THE ASSOCIATION OR BOARD 10 QUORUM 10 REPORTS AND RESOLUTIONS 10 ADOPTION OF ROBERT'S RULES 10 ORDER OF BUSINESS 11 LOCATION 11 ARTICLE VIII - INVESTMENTS 12 TRUSTEES' DUTIES 12 RESPONSIBILITIES OF TRUSTEES 12 INVESTMENT COMMITTEE 12 RESTRICTIONS TO BROKERS 12 EDUCATION PLAN 12 ARTICLE IX- PENSION BENEFITS 13 ACTIVE DUTY AND AGE REQUIREMENTS 13 DEFERRED MEMBER 13 PENSION BENEFIT 13 DEFINITION OF ACTIVE FIREFIGHTER 14 VOLUNTEER SEPARATION WHILE FULL-TIME FIRE DEPARTMENT EMPLOYEE 14 FUTURE INCREASES IN BENEFITS 15 APPLICATION FOR MONTHLY OR LUMP SUM BENEFIT 15 APPROVAL 15 NOTICE OF INTENT TO RETIRE 15 ARTICLE X-ANCILLARY BENEFITS 16 ELIGIBILITY 16 DISABILITY DEFINED 16 REPORTS REQUIRED 16 DISABILITY OR PENSION BENEFITS 16 PROOF OF DISABILITY 16 GRIEVANCE PROCEDURE 16 CALCULATION OF BENEFIT 17 ENTITLEMENT TO FUTURE INCREASES 17 ARTICLE XI - DEATH BENEFIT 18 ENTITLEMENT TO BENEFIT 18 TERMINATION OF CHILDREN'S BENEFIT 18 ENTITLEMENT TO FUTURE INCREASES 18 TABLE OF CONTENTS PAGE ARTICLE XII -APPLICATION FOR DISABILITY AND DEATH BENEFITS 19 DISABILITY BENEFIT APPLICATION 19 DEATH BENEFIT APPLICATION 19 ACTION ON APPLICATIONS 19 ARTICLE XIII -SUPPLEMENTAL BENEFIT 20 PAYMENT OF SUPPLEMENTAL BENEFIT 20 ARTICLE XIV- FUNDS 21 ALLOCATION 21 GENERAL FUND 21 SPECIAL FUND 21 METHOD OF DISBURSEMENT 21 DEPOSIT OF FUNDS 22 ARTICLE XV-TIMING AND MODES OF DISTRIBUTION 23 DISTRIBUTION CHOICES 23 IRA ROLLOVER 23 ARTICLE XVI - PROCEDURE FOR REVIEW 24 ENTITLEMENT TO APPEAL 24 UN-APPROVED APPLICATION 24 SPECIAL MEETING FOR APPEAL 24 ARTICLE XVII - LIMITS ON BENEFITS 25 DOMESTIC RELATIONS ORDER 25 GARNISHMENT,JUDGMENT OR LEGAL PROCESS 25 ASSIGNMENT OF BENEFITS 25 LIMITATIONS ON ANCILLARY BENEFITS 25 BENEFIT LIMITATIONS 25 ARTICLE XVIII -AMENDMENTS 26 AMENDING THE BYLAWS 26 ARTICLE XIX- NOTICE 26 AMENDMENT NOTICES 26 ARTICLE XX- EFFECTIVE DATE 27 ARTICLE XXI - EXHIBIT A 27 Article I - Name The name of the relief association shall be the Eden Prairie Firefighter Relief Association. Article II - Purpose This instrument constitutes the bylaws of the Eden Prairie Firefighter Relief Association, hereinafter referred to as "Association," adopted for the purpose of regulating and managing the internal affairs of the corporation and shall serve as the written pension plan for the Association. The Association is a governmental entity that receives and manages public money to provide retirement benefits for individuals providing the governmental services of fire fighting. The Association is a defined benefit relief association subject to Minnesota statutes 69.771 to 69.774, 424A.015 and 424A.02. The objectives of the plan shall be to provide service pensions and ancillary benefits to members and dependents of the Eden Prairie Fire Department, hereinafter "Fire Department". These bylaws and federal and state laws shall govern all benefits issued by this Association. Eden Prairie Firefighter Relief Association Page 11 Article Ill - General Definitions 1. Surviving Spouse The term "surviving spouse" means any person who was the dependent spouse of a deceased active member, deferred member, or retired former member living with the member at the time of the death of the active member, deferred member, or retired former member for at least one year prior to the date on which the member terminated active service and membership. 2. Fiduciary responsibility In the discharge of their respective duties, the officers and trustees shall be held to the standard of care enumerated in Minn. Stat. 11A.09. In addition, the trustees must act in accordance with Minn. Stat. 356A. No trustee of the Association shall cause the Association to engage in a transaction, if the trustee knows or should know that a transaction constitutes one of the following direct or indirect transactions: a) sale or exchange or leasing of any real property between the Association and a board member b) lending of money or other extension of credit between the Association and a board member or member of the Association c) furnishing of goods, services, or facilities between the Association and a board member d) transfer to a board member, or use by or for the benefit of a board member, of any assets of the Association. Transfer of assets does not mean the payment of Association benefits or administrative expenses permitted by law 3. Beneficiary Any person or estate entitled under this plan to receive a benefit upon the death of a participant. 4. Board of Trustees The Board of Trustees of the Association as specified under Minn. Stat. 424A.04. There shall be six member elected trustees and three municipal trustees. 5. Calculation of Qualifying Years A year of service as an active firefighter for purposes of calculating the service pension shall mean 12 complete months. If a members' period of service as an active firefighter has not been continuous, parts of years may be added together to calculate full years. In addition, parts of months may be added together to calculate full months, provided, however, that in such a calculation it shall be assumed that 30 days equals a full month. Eden Prairie Firefighter Relief Association Page 12 6. Break in Service Any member returning from a break in service must remain in active service for at least five years in order to qualify for any pension increases having occurred during the time of the break in service. If this requirement is not met prior to the individual's resignation, the retirement benefits will revert to those in effect at such time the break in service began. A break in service does not include an approved leave of absence, pursuant to these bylaws or state law. 7. Years of Active Service For purposes of computing benefits or service pensions payable, a year of service shall be defined as a period of 12 full months of active service in the Fire Department. 8. Active Service Active Service is defined as the active performance of fire suppression or prevention duties or the supervision of fire suppression or prevention duties. Performance of such suppression, prevention or supervision shall not qualify as "active service" unless the firefighter meets all the rules and regulations of the Fire Department during such service. 9. Trustees The individuals designated as such by Minn. Stat. 424A.04. 10. Domestic Relations Order A domestic relations order is any judgment, decree or order (including approval of a property settlement agreement) that complies with the provisions of Minn. Stat. 518.58, 518.581 or 518A.53. 11. Personal Leave An Active Member may be granted a personal leave of absence in accordance with the rules and regulations of the Fire Department. No credit shall be given for the period of the leave of absence. 12. Military Leave An Active Member who takes a leave to serve in the military shall receive credit from the Relief Association for his military service consistent with federal law. To be eligible for credit from the Relief Association for his military service,the Member must return to active service with the Fire Department and must not receive a dishonorable or bad conduct discharge from military service. 13. Medical Leave An Active Member who takes a leave for a serious medical condition shall receive credit for up to 12 weeks of the leave consistent with the Family and Medical Leave Act or other applicable federal or state law. Eden Prairie Firefighter Relief Association Page 13 Article IV - Membership 1. Qualification for Membership Any Active Member in good standing in the Fire Department shall be eligible to apply for membership in the Association. 2. Application for Membership All Active Members of the Fire Department are eligible for membership in the Association. Application for membership shall be made in writing on a form supplied by the Secretary of the Association and reviewed by the Board of Trustees for compliance with federal/state statutory and plan requirements within three (3) months of becoming an active member of the fire department. No applicant may be excluded except if the member is under 18 years of age or has a medically determinable physical or mental impairment or condition that would constitute a predictable and unwarranted risk of imposing liability or an ancillary benefit at any age earlier than the minimum age specified for receipt of a service pension. 3. Termination of Membership A member may be expelled from the Association for cause upon a two-thirds vote of all members present at a regular or special meeting of the general membership, upon the occurrence of any of the following events: a) termination or resignation from membership in the Fire Department prior to completion of the number of years as an active firefighter required for a service pension under these bylaws b) failure to comply with any provisions of these bylaws or any duly adopted rules and regulations of the Association c) any other good cause for termination of membership as determined by the Board of Trustees 4. Categories of Membership Members of this Association shall be classified in one of four categories: regular, deferred, retired or disabled. These categories are defined as follows: a) Active Member: A member of the Association who is also an active firefighter of the Fire Department b) Deferred Member:A member of the Association who has: (i) completed the number of years as an active firefighter required for a service pension as provided in these bylaws (ii) completed a minimum of ten years as a member in good standing in the Association (iii) has separated from service as an active firefighter before attaining the earliest age for receipt of a service pension as provided in these bylaws Eden Prairie Firefighter Relief Association Page 14 c) Retired Member: A member of the Association who is drawing a monthly service pension under applicable statutes and the bylaws of this Association. d) Disabled Member: A member of this Association who is receiving a disability benefit under applicable statutes and the bylaws of this Association. 5. Voting privileges Each member shall be entitled to one vote on any matter voted upon by the membership. Voting by proxy is not permitted. All votes, unless specified prior to the vote, shall be conducted by a voice vote. If a majority cannot be determined by voice vote, the Officer in Charge of the vote shall ask for a show of hands. Eden Prairie Firefighter Relief Association Page 15 Article V - Board of Trustees 1. Composition of Board The Board of Trustees shall consist of nine trustees. a) Member Elected Trustees: Six of the trustees shall be elected at the annual meeting of the Association from the Association's active members and shall serve for terms as specified in this Article, or until their respective successors have been elected. One of the six elected members of the Board of Trustees may be a retired member, receiving a monthly service pension, who is elected by the membership of the Association. If there is not a retired member to fill the position of trustee, then that position may be filled by an active member. b) Municipal Trustees: The three municipal trustees shall be one elected municipal official and one elected or appointed municipal official who are designated as municipal representatives by the City of Eden Prairie annually and the chief of the Fire Department. Municipal trustees shall have all rights, duties and responsibilities of regular trustees, including voting rights. 2. Terms of Trustees Two member elected trustees shall be elected for three-year terms at each annual meeting of the Association. If a vacancy of a trustee position occurs, that position shall be filled by election at a special meeting of the Association within thirty-one days of becoming vacant. Any member elected trustee elected to fill an un-expired term shall serve the length of that un-expired term. Any member elected trustee, upon retirement from the Fire Department, must relinquish the trustee's office until an election is held to determine who shall hold that office. The elected or appointed municipal trustees shall be designated annually by the City, except for the chief of the Fire Department, who is appointed by statute. 3. Officers of Board At the first meeting of the Board of Trustees held after the annual meeting of the members of the Association, the Board shall elect from the six member elected trustees a President, Vice- President, Secretary and Treasurer. Each of the officers shall serve for a term of one year or until the officer's successor has been elected. Eden Prairie Firefighter Relief Association Page 16 4. Removal of Trustee or Officer A trustee (other than a municipal trustee) may be removed from the office of trustee for the following reasons: a) breach of the duties of a trustee as specified in these bylaws b) failure to maintain membership in good standing in the Association or the Fire Department, including a suspension from the Association or Fire Department c) other good cause Removal of a trustee may occur by a vote of two-thirds of those present at a meeting of the membership. Notice of the meeting at which removal is to be considered, shall be given to each member and shall include the purpose of considering removal. The Trustee shall be given an opportunity to be heard as to each charge. If the Trustee is removed, a replacement shall be elected and shall serve for the un-expired portion of the term of the removed Trustee. Eden Prairie Firefighter Relief Association Page 17 Article VI - Duties of Officers 1. President The duties of the Association President are as follows: a) Attend and preside at all meetings of the Association and of the Board of Trustees. b) Supervise the affairs of the Association. c) Take all appropriate steps to enforce the due observance of the state and federal laws that apply to the Association, the Articles of Incorporation and the bylaws. d) Sign all checks issued by the Treasurer and all other papers, which require the President's signature. The President may receive a salary as fixed from time to time by the Board of Trustees, subject to approval of the Association, and payable from the Special Fund of the Association. 2. Vice-President The duties of the Association Vice-President are as follows: a) Perform the duties of the President in the President's absence. b) All other duties assigned to the Vice-President by the President. 3. Secretary The duties of the Association Secretary are as follows: a) Keep a true and accurate record of the proceedings of all meetings of the Association and of the Board of Trustees. b) Keep a correct record of all amendments to the Articles of Incorporation and the bylaws. c) Provide all due notice of special meetings of the Association and the Board of Trustees. d) Keep a roll of membership, including all information necessary to determine the pension and benefit status of each member of the Association. e) Sign all orders for payment issued to the Treasurer, and jointly with the Treasurer, prepare and file all reports and statements required by law. The Secretary may receive a salary as fixed from time to time by the Board of Trustees, subject to approval of the Association, and payable from the Special Fund of the Association. Eden Prairie Firefighter Relief Association Page 18 4. Treasurer The duties of the Association Treasurer as follows: a) Keep separate, distinct and complete accounts of the Special and General Funds, including a detailed statement of the assets and liabilities of each fund. Such accounts and statements shall be presented at each meeting of the Board of Trustees, and shall be made available to members prior to the annual meeting of the Association. b) Jointly with the Secretary, the Treasurer shall prepare and file all reports and statements required by law. c) At the expiration of the Treasurer's term of office or the Treasurer's termination from the position of Treasurer in accordance with these bylaws, whichever occurs first, the Treasurer shall immediately deliver to the Board of Trustees or the Treasurer's successor in office, all monies, books, papers, and other items pertaining to the Treasurer's office. d) Prior to entering upon the duties of office, the Treasurer shall give a bond in such amount and with such sureties as are required by law and approved by the Board of Trustees, conditioned upon the faithful discharge of the Treasurer's trust and the faithful performance of the duties of the Treasurer's office. The premium for this bond shall be paid from the Special Fund of the Association. The amount of the bond will be equal to at least 10% of the assets of the Association; however, the amount of the bond need not exceed $500,000.00. The Treasurer may receive a salary as fixed from time to time by the Board of Trustees, subject to approval of the Association, and payable from the Special Fund of the Association. Eden Prairie Firefighter Relief Association Page 19 Article VII - Meetings 1. Annual Meeting The annual meeting of the Association, for the election of Trustees and other business, shall be held in June, immediately prior to the Fire Department's business meeting. Subject to waiver, a notice of every annual meeting or special meeting shall be sent by the Secretary via U.S. mail, e-mail, personal delivery or by any other delivery that conforms to law to each member at least ten (10), but not more than thirty (30) days, before the meeting, excluding the date of the meeting. Notice by U.S. mail shall be deemed given when deposited in the U.S. mail with sufficient postage affixed. Such notice shall set forth the date, time, place and in case of a special meeting, the purpose. 2. Regular Meetings of the Board of Trustees The Board of Trustees shall meet at least six times during each year. Subject to waiver, a notice of every Board of Trustees' meeting shall be sent by the Secretary via U.S. mail, email, personal delivery or by any other delivery that conforms to law to each Trustee at least five (5) , but not more than thirty (30) days, before the meeting, excluding the date of the meeting. Notice by U.S. mail shall be deemed given when deposited in the U.S. mail with sufficient postage affixed. Such notice shall set forth the date, time, place and in case of a special meeting, the purpose. 3. Special Meetings of the Association or Board Special meetings of the Association or of the Board of Trustees may be called by the President or two members of the Board of Trustees and shall also be called upon written request of six (6) or more members of the Association. The Secretary shall notify members and trustees of such special meetings, and the purpose of the meeting shall be contained in such notice. 4. Quorum A majority of the Board of Trustees then in office and thirty percent (30%) of all members of the Association shall constitute a quorum for the transaction of business at their respective meetings. Less than a quorum may adjourn a meeting to a future time, which the Secretary shall make known to the affected members. 5. Reports and Resolutions All reports and resolutions shall be submitted in writing and no report shall be accepted unless it is the report of a majority of a committee, provided, however, that a minority shall be permitted to present its views in writing. 6. Adoption of Robert's Rules All meetings of the Association and Board of Trustees shall be conducted according to Robert's Rules of Order, as revised. Eden Prairie Firefighter Relief Association Page 110 7. Order of Business The order of business at meetings of the general membership shall be: a) Call to order b) Roll call c) Reading of minutes of previous meetings d) Reading of reports and minutes of Board of Trustees' meetings e) Reports of Officers f) Membership applications g) Reports of special committees h) Unfinished business i) Election of Officers or Trustees (annual meeting) j) New business k) Adjournment 8. Location A meeting of the Board of Trustees shall be held at the registered office of the Association, unless notice is made public for another place within the state as designated by the board. Eden Prairie Firefighter Relief Association Page 111 Article VIII - Investments 1. Trustees'Duties Trustees shall discharge their duties in good faith and with that diligence and care which an ordinarily prudent person would exercise under similar circumstances. Each trustee shall become familiar with the standards of care and the standards of a fiduciary as specified by law. 2. Responsibilities of Trustees It shall be the duty of the Board of Trustees to prepare modes and plans for the sale and profitable investment of the un-appropriated funds of the Association, and whenever investments are made, to investigate and pass upon the securities offered, and to attend to the drawing and execution of the necessary papers. The Board shall order an audit of the books and accounts of the Secretary and Treasurer annually, according to law, and shall submit a written report of the condition of the Association to the members at the annual meeting. The investment of the funds of the Association shall be in the exclusive control of the Board of Trustees, in conformance with state statutes, the bylaws and the investment policy attached hereto. The Board of Trustees shall meet with the Investment Committee. The members of the Board shall act as trustees with a fiduciary obligation to the State of Minnesota, to the City of Eden Prairie and the members of the Association. 3. Investment Committee The investment committee shall consist of the Treasurer, the President and an Ex-officio member, as well as two or more Association members as designated by the trustees. The investment committee shall investigate and make recommendations to the Board of suitable investments for Association funds among those permitted by State of Minnesota statutes, the bylaws and the investment policy attached hereto. 4. Restrictions to Brokers The Board of Trustees shall comply with Minnesota Statutes 356A.06, Subd. 8b that requires the Relief Association to provide annually to any brokers, a written statement of investment restrictions pursuant to State Statute or the Investment Policy that apply to the special fund. Upon receipt of the written statement of investment restrictions, each broker handling investments of the Association shall acknowledge, in writing annually, the receipt of the investment restrictions. The acknowledgment shall contain a statement of the brokers' agreement to handle the Association's investments pursuant to the written restrictions. 5. Education Plan The Board of Trustees shall develop and periodically revise a plan for continuing education for all members and officers of the Board of Trustees in order to ensure that trustees keep abreast of their fiduciary responsibilities. Eden Prairie Firefighter Relief Association Page 112 Article IX - Pension Benefits 1. Active Duty and Age Requirements To be eligible to receive a service pension, a member must meet all of the following requirements: a) Be at least fifty (50) years of age b) Has separated from active service with the Fire Department c) Has completed at least ten (10) years of active service with such Fire Department before retirement d) Has been a member of the Association in good standing at least ten (10) years prior to such retirement 2. Deferred Member A member of the Association, who has performed active service of ten (10) years or more, but has not reached the age of fifty (50) years, shall be placed on the deferred pension roll of the Association. After they have reached the age of fifty (50) years, the Association shall, upon their application therefore, pay their pension from the date the application is approved by the Association. The member shall be paid the service pension in accordance with Article IX, Section 3. 3. Pension Benefit Each member is entitled to either a monthly service pension benefit or a lump sum service pension benefit calculated as follows: Monthly Service Pension Effective 01/01/2005: A monthly service pension shall be calculated by multiplying$48.00 times each year that the member has been an active firefighter in the Fire Department and member in good standing of the Relief Association, up to a maximum pension of$1536.00. Effective 01/01/2006:A monthly service pension shall be calculated by multiplying$50.00 times each year that the member has been an active firefighter in the Fire Department and member in good standing of the Relief Association, up to a maximum pension of$1600.00. Effective 01/01/2007: A monthly service pension shall be calculated by multiplying$52.00 times each year that the member has been an active firefighter in the Fire Department and member in good standing of the Relief Association, up to a maximum pension of$1664.00. Eden Prairie Firefighter Relief Association Page 113 Effective 01/01/2008:A monthly service pension shall be calculated by multiplying$54.00 times each year that the member has been an active firefighter in the Fire Department and member in good standing of the Relief Association, up to a maximum pension of$1728.00. Effective 01/01/2009:A monthly service pension shall be calculated by multiplying$56.00 times each year that the member has been an active firefighter in the Fire Department and member in good standing of the Relief Association, up to a maximum pension of$1792.00. Lump Sum Service Pension A lump sum service pension shall be calculated by multiplying ten thousand (10,000) times each year that the member has been an active firefighter in the Fire Department and a member in good standing of the Relief Association. 4. Definition of Active Firefighter A period of time cannot be used to calculate a monthly or lump sum service pension unless during the entire period of time the member satisfies the qualification of "active service", as found in Article Ill, paragraph 8 of these bylaws. 5. Volunteer Separation while Full-Time Fire Department Employee Notwithstanding any by-law to the contrary, the Association may pay or continue paying a service pension or disability benefit to a member who has not separated from "active service" as defined herein with the Fire Department if: a) The Member is employed by the City of Eden Prairie to perform duties within the Fire Department on a full-time basis subsequent to retirement as a volunteer firefighter, and b) The City Manager or the Fire Chief has filed a determination with the Association's Board of Trustees that the Member's experience with and service to the Fire Department in that Member's full-time capacity would be difficult to replace, and c) The Member otherwise meets the requirements of Minnesota Statutes, Chapter 424A, including Minnesota Statute 424A.02, subd.1, and is authorized to receive a service pension or disability benefit. Eden Prairie Firefighter Relief Association Page 114 6. Future Increases in Benefits Retired and Deferred members who have credit for at least fifteen (15) years of service as an active firefighter with the Fire Department, shall receive all approved increases in the monthly service pension applicable to that member's number of years of active firefighting service. Retired members who have elected to receive a lump sum pension payment shall not be eligible for any such increases. 7. Application for Monthly or Lump Sum Benefit After retirement as an active firefighter with the Fire Department, a member shall make application for a service pension to the Board of Trustees. The application shall also include an irrevocable election by the member of either a monthly service pension or lump sum service pension, but not both. All applications for pensions shall be submitted to the Board of Trustees at a regular or special meeting of the Board, and shall contain the following information: a) the age of the applicant b) the period of time the member performed duties as an active firefighter for the Fire Department c) the member's number of years of membership in good standing of the Association d) the date the member retired as an active firefighter from the Fire Department e) such other and further information as the Board of Trustees may require 8. Approval It shall be the duty of the Board of Trustees to approve applications for service pensions if the applicant meets all of the eligibility requirements set forth in these bylaws. It shall also be the duty of the Board not to approve the application if any of the eligibility requirements are not met. If an application is not approved, the Board shall return the application to the applicant within thirty (30) days, noting thereon, with particularity, which requirements the applicant does not meet. Thereafter, the applicant shall be furnished with the opportunity to be heard by the full Board in accordance with the review procedure contained in these bylaws, within the next thirty (30) days, on the question of whether the applicant meets all the requirements. If the application is approved, the service pension shall be paid in the manner requested by the applicant pursuant to Article XIV, Timing and Modes of Distribution. 9. Notice of Intent to Retire It shall be the duty of each member who intends to retire and request a service pension from the Association, to file a notice of intent to retire. Such notice shall be in writing and shall be filed with the Secretary not less than three (3) months prior to the date of retirement and submission of application for service pension. Upon receipt of such notice of the intent to retire, the Secretary shall provide any notices to the applicant as required by state or federal law with respect to pension or benefit payments. Eden Prairie Firefighter Relief Association Page 115 Article X - Ancillary Benefits 1. Eligibility A member, who is disabled with a fire service related disability, shall be eligible to collect a disability benefit. The member shall be eligible to receive the disability benefit immediately upon approval of the Board of Trustees. 2. Disability Defined Disability is defined as the inability to engage in performance of all essential duties as a firefighter by reason of a medically determinable physical or psychological impairment that arose out of and is caused by an injury or sickness incurred in the line of duty and is certified by a physician, surgeon or chiropractor acceptable to the Board of Trustees, which can be expected to last for a continuous period of not less than twelve (12) months or can be expected to result in death. 3. Reports Required No member shall be paid disability benefits except upon the written report of a physician, surgeon or chiropractor. This report shall set forth the diagnosis and prognosis of the disability, disease or injury of the member. Each such report shall be filed with the Association. 4. Disability or Pension Benefits Any such disability benefit paid in accordance with this section shall be in lieu of all rights to further service pension and survivor's benefits during the period that it is being paid. A disability benefit shall be considered a normal service pension after age fifty (50) for any member with at least ten (10) years of active service. 5. Proof of Disability An applicant shall not be considered under a disability unless the member furnishes adequate proof of the existence thereof. An applicants' statement as to pain or other symptoms will not alone be conclusive evidence of disability as defined in this article. 6. Grievance Procedure If the applicant for disability benefits feels that he/she has been aggrieved by any action of the Board, the member shall, within sixty (60) days from notice of such action of the Board, file written objections and the reasons thereof with the Board and shall be allowed to appeal the determination pursuant to the review procedure in these bylaws. Eden Prairie Firefighter Relief Association Page 116 7. Calculation of Benefit In the event a member incurs a disability as defined in this article, the Association shall pay to such member a monthly disability payment, for the time of such disability. The monthly disability benefit shall be equal to the monthly service pension to which the member would have been entitled at age fifty (50) without regard to whether the member has attained the minimum number of years of active firefighting service and Association membership specified by these bylaws. 8. Entitlement to Future Increases A member currently receiving a disability benefit shall receive all approved increases in the monthly service pension applicable to that member's number of years of active firefighting service. Eden Prairie Firefighter Relief Association Page 117 Article XI - Death Benefit 1. Entitlement to Benefit In the event of the death of an Active or Deferred member of the Association, the surviving spouse, if any, shall be paid one hundred (100%) percent of the lump sum benefit for each year of service. If such member who has no surviving spouse leaves a surviving child or children, such child or children as a group shall be paid one hundred (100%) percent of the lump sum benefit for each year of active service. If such member has no spouse and no surviving children but has a designated beneficiary on file, such beneficiary shall be paid one hundred (100%) percent of the lump sum benefit for each year of active service. If such member has no spouse, no surviving children, and no designated beneficiary, the member's estate shall be paid one hundred (100%) percent of the lump sum benefit for each year of active service. Such death benefits are payable without regard to minimum or partial vesting requirements. If an Active member dies before completing one year of active service, the Association shall pay a death benefit of ten thousand ($10,000) dollars to his/her surviving spouse, surviving children or designated beneficiary on file; in the same order and procedure as described above. In the event of the death of a Retired association member, receiving a monthly pension benefit, the surviving spouse, if any, shall be paid monthly, until their remarriage or death, two-thirds (2/3) of the Retired members monthly service pension for each year of active service. If such member leaves a surviving child or children, in addition to a spouse, such child or children, in the aggregate, shall be paid, monthly, the sum of one-third (1/3) of the monthly service pension for each year of active service. If such member is survived only by a child or children, such child or children, in the aggregate, shall be paid, monthly, the sum of one hundred (100%) percent of the monthly service pension for each year of active service. 2. Termination of Children's Benefit Benefit payments to or on behalf of a surviving child shall cease when the child reaches the age of eighteen (18) or, in the case of any child who furthers his or her education, by attending college or technical school, when that child graduates with his/her undergraduate degree or technical degree, quits school, reaches the age of twenty-two (22), or fails to provide proof of current educational enrollment, whichever occurs first. Any child furthering his or her education and wishing to qualify for benefits must produce annually, in a form satisfactory to the Board of Trustees, proof that the child is a full-time student in a college or trade school. 3. Entitlement to Future Increases Death benefits payable to a surviving spouse or children shall be increased to the extent that the monthly service pension is increased for current members who have the same number of active years of service as the deceased member. Eden Prairie Firefighter Relief Association Page 118 Article XII - Application for Disability and Death Benefits 1. Disability Benefit Application All applications for disability benefits shall be submitted to the Board of Trustees in writing, on forms furnished by the Secretary, at a regular or special meeting of the Board. The application shall be accompanied by a certificate from a physician, surgeon or chiropractor setting forth the findings regarding whether the member has a qualifying disability. The physician, surgeon or chiropractor's opinion shall also include findings regarding the nature and probable duration of the illness or injury, the cause thereof, the length of time the applicant has been and will be unable to perform any of the essential duties as an active firefighter, and an estimate of the time at which the applicant will be able to return to the duties as an active firefighter. The Board of Trustees, in its discretion, may require an independent medical examination, at the Association's expense, to review the qualifications of the member for a disability benefit. 2. Death Benefit Application Applications for benefits by surviving spouses and children shall be submitted to the Board of Trustees in writing, on forms furnished by the Secretary, at a regular or special meeting of the Board. The application shall include the date and cause of death, a certified marriage certificate for a surviving spouse and certified birth certificate for a surviving child, plus such other and further information as the Board of Trustees deems appropriate. 3. Action on Applications No disability or death benefits shall be paid until the application therefore has been approved by a majority vote of the Board of Trustees. Decisions of the Board shall be final as to the payment of such benefits and shall be based upon the criteria established in these bylaws and applicable law. Eden Prairie Firefighter Relief Association Page 119 ARTICLE XIII — SUPPLEMENTAL BENEFIT 1. Payment of Supplemental Benefit Upon the payment by the Association of a lump-sum distribution to a qualified recipient, the Association must pay a supplemental benefit to the qualified recipient. A qualified recipient is an individual who receives a lump sum distribution of pension benefits from the Association for service as a volunteer firefighter. Notwithstanding any law to the contrary, the Association may pay the supplemental benefit out of its Special Fund. The amount of this benefit equals ten (10%) percent of the regular lump-sum distribution that is paid on the basis of service as a volunteer firefighter. In no case may the amount of the supplemental benefit exceed one- thousand ($1,000) dollars. Eden Prairie Firefighter Relief Association Page 120 Article XIV - Funds 1. Allocation All money received from the Association shall be kept in two separate funds. Disbursements from the funds shall be in accordance with Minnesota Statutes and rules and bylaws of the Association. 2. General Fund The funds received by the Association from dues, fines, application fees, entertainment, and other miscellaneous sources shall be kept in the General Fund of the Association, on the books of the Secretary and the Treasurer, and may be disbursed to conduct the routine business of the Association or for any purpose related to the welfare of the Association or its members as approved by the Board or the general membership. Expenditures greater than $500.00 require approval by the majority of members present and voting at any annual or special meeting of the members. 3. Special Fund All funds received by the Association qualifying as state aid received pursuant to law, all taxes levied by or other revenues received from the city present to law providing for municipal support for the Association, any moneys or property donated, given, granted or devised, excluding fund-raiser proceeds, by any person which is specified for the use for the support of the Special Fund, and any interest earned on the assets of the Special Fund. Any tax sources and other money which may be directly donated or transferred to said fund, shall be kept in a separate account on the books of the Treasurer known as the Special Fund and shall be dispersed only for the following purposes: a) payment of members' service pension benefits in accordance with state law and with these bylaws b) payment of ancillary benefits in accordance with state laws and these bylaws c) payment of supplemental benefits in accordance with state law and these bylaws d) administrative expenses as limited by Minn. Stat. 69.80 All other expenses of the Association shall be paid out of the General Fund. 4. Method of Disbursement No disbursement of funds of this Association shall be made except by checks drawn by the Treasurer and countersigned by the President except when issued for salaries, pensions and other fixed charges, the exact amount of which has previously been determined and authorized by the Board of Trustees (or members, in case of disbursement from the General Fund). In no event shall a disbursement be issued until the claim to which it relates has been approved by the Board of Trustees. Disbursement also may be made by electronic fund transfers so long as the Treasurer and President have previously authorized such transfers. Eden Prairie Firefighter Relief Association Page 121 5. Deposit of Funds All money belonging to the Association shall be deposited to the credit of the Association in such banks, trust companies, saving and loan associations or other depositories as the Board of Trustees may designate. The Board of Trustees shall make deposits in conformance with state statutes, the bylaws and the investment policy. Eden Prairie Firefighter Relief Association Page 122 Article XV - Timing and Modes of Distribution 1. Distribution Choices Members who choose a monthly service pension shall be governed by Article IX, Section 3(a). A member who chooses a lump sum pension option shall be offered the following benefit payment methods: a) a single lump sum payment payable to the eligible retiree b) rollover to an IRA account pursuant to Article XV, Section 2 2. IRA Rollover Upon written request from the retiring member who has given proper notice of retirement, the Secretary or Treasurer shall directly transfer the service pension amount into an Individual Retirement Account under Section 408(a) of the Internal Revenue Code, as amended. Eden Prairie Firefighter Relief Association Page 123 Article XVI - Procedure for Review 1. Entitlement to Appeal In the event that the Board of Trustees denies an application for a service or ancillary pension benefit, the member shall be entitled to the right to appeal the determination. 2. Un-approved Application If an application is not approved, the Board shall return the application to the applicant within thirty (30) days, noting thereon, with particularity, which requirements the applicant does not meet. Thereafter, the applicant shall be furnished with the opportunity to be heard by the full Board, on the question of whether the applicant meets all of the eligibility requirements. The member shall appeal by furnishing the Board with a written intent to appeal that is filed with the Secretary of the Association within thirty (30) days of receiving an adverse determination. The intent to appeal shall be certified by the member. 3. Special Meeting for Appeal The Board of Trustees shall hold a special meeting within sixty (60) days of receipt of the written intent to appeal. Timely notice of the meeting shall be given to the member at least fifteen (15) days prior to the special meeting. The member shall have the reasonable opportunity to be heard by the Board of Trustees at the special meeting with regard to the negative determination. The Board reserves the right to engage the services of a mediator, acceptable to both parties, at any time during the appeal. The mediator shall be selected from the Rule 114 Supreme Court Roster. The cost of the mediator shall be split in half between both parties. Eden Prairie Firefighter Relief Association Page 124 Article XVII - Limits on Benefits 1. Domestic Relations Order A qualified domestic relations or domestic relations order shall be accepted by the Association if in compliance with state and federal law. A distribution made pursuant to a domestic relations order shall be treated as made pursuant to qualified domestic relations order as specified by I.R.C. 414 (p) (11), as amended. No benefits shall be paid under a domestic relations order which requires the plan to provide any type or form of benefit, or any option, not otherwise provided under the Plan or under state law. Exhibit A of these Bylaws are guidelines for terms which must be included in any domestic relations order to be considered consistent with these Bylaws and eligible for approval by the Board. 2. Garnishment,judgment or legal process No service pension or ancillary benefits paid or payable from the Special fund of the Association to any person receiving or entitled to receive a service pension or ancillary benefits shall be subject to garnishment, judgment, execution or other legal process, except as provided in Minnesota Statutes, Sections 518.58, 518.581, or 518A.53. 3. Assignment of Benefits No person entitled to a service pension or ancillary benefits from the Special fund of the Association may assign any service pension or ancillary benefit payments, nor shall the Association have the authority to recognize any assignment or pay over any sum, which has been assigned. 4. Limitations on Ancillary Benefits Following the receipt of a lump sum death benefit, neither a member's surviving spouse or estate is entitled to any other or further financial relief or benefits from the Association except those described in Article XIII- Supplemental Benefits. 5. Benefit Limitations No provision, which places limits on benefits as contained within Section 415 of the Internal Revenue Code, shall be exceeded. Plan participants cannot receive an annual benefit greater than the amount specified in Section 415 of the code as may subsequently be amended. Eden Prairie Firefighter Relief Association Page 125 Article XVIII - Amendments 1. Amending the Bylaws The bylaws of the Association may be amended by completing the following procedure: a) Notice of the proposed amendment is given to each member not less than ten (10) days prior to the regular or special Association meeting at which the amendment will be considered b) at an Association meeting, the amendment is adopted by a favorable vote of two-thirds (2/3) of the membership present and voting, provided that a quorum is present c) the amendment is approved by the City of Eden Prairie City Council Article XIX - Notice 1. Amendment Notices Notices to the membership of a change to these bylaws shall be delivered in the following manner: a) shall be posted at each fire station b) shall be sent by U.S. Mail or email to each deferred member of the Association c) shall be sent by U.S. Mail or email to each retired member of the Association Eden Prairie Firefighter Relief Association Page 126 Article XX - Effective Date These bylaws were adopted by the Membership on the 8th day of December 2016 and supersede all prior bylaws of this Association. Association President Association Secretary These bylaws were approved by the City of Eden Prairie City Council on the day of , 2017 . Kathleen Porta City Clerk City of Eden Prairie, MN Eden Prairie Firefighter Relief Association Page 127 EXHIBIT A Guidelines for Qualified Domestic Relations Order Terms Triggering Event Payment to Alternate Payee 1 Retirement of participant. Court—assigned fraction in the same form as elected by participant. 2 Death of participant before benefits Lump sum payment of court-assigned fraction. commence. 3 Death of participant after monthly Payments stop. benefits commence. Death of alternate payee before benefits 4 No payment to alternate payee or his/her estate. commence. 5 Death of alternate payee after benefits Payments stop. commence. Eden Prairie Firefighter Relief Association Page 128 Eden Prairie Firefighter Relief Association Pension Plan Actuarial Funding Valuation Report as of December 31, 2017 1k1i Iri Table of Contents Table of Contents 2 Actuarial Certification 3 Management Summary 4 Contributions 4 Events& Decisions 4 Changes in Unfunded Actuarial Accrued Liability 4 Summary of Results 5 Valuation Results Details 6 Liability Details 6 Development of City Contribution 6 Average Available Financing 7 Summary of Assets 8 Other Information 9 Plan Participants 9 Active Participants Age/Service Grid 9 Participant Data Reconciliation 10 Methods and Assumptions 11 Summary of Plan Provisions 13 Eden Prairie Firefighter Relief Association Pension Plan Page 2 Actuarial Certification We have prepared an actuarial valuation of the Eden Prairie Firefighter Relief Association Pension Plan as of December 31, 2017. The primary purpose of this valuation is to determine 2019 contribution requirements for the plan. The results of this valuation reflect the provisions of the plan as proposed to be amended and effective January 1, 2018.This report should not be used for other purposes or relied upon by any other person without prior written consent from Hildi Incorporated. In preparing this valuation, we have relied upon information and data provided to us by the Eden Prairie Firefighter Relief Association and other persons or organizations designated by the Eden Prairie Firefighter Relief Association. An audit of the financial and participant data provided was not performed, but we have checked the data for reasonableness as appropriate based on the purpose of the valuation.We have relied on all the information provided, including plan provisions and asset information, as complete and accurate. A range of results, different from those presented in this report, could be considered reasonable. The numbers are not rounded, but this is for convenience and should not imply precision. Future actuarial measurements may differ significantly from the current measurements presented in this report due to such factors as the following: plan experience differing from that anticipated by the economic or demographic assumptions; changes in economic or demographic assumptions; increases or decreases expected as part of the natural operation of the methodology used for these measurements; and changes in plan provisions or applicable law. Due to the limited scope of this assignment, we did not perform an analysis of the potential range of such future measurements. All costs, liabilities and other factors under the plan were determined in accordance with generally accepted actuarial principles and procedures. In our opinion, the actuarial assumptions, for funding purposes, are reasonable and represent our best estimate of the anticipated experience under the plan.This report fully and fairly discloses the actuarial position of the plan on an ongoing basis. We certify that this actuarial valuation has been prepared in accordance with Minnesota Statutes 356.20- .23,424A.093 and the most recent standards adopted by the Legislative Commission on Pensions and Retirement. We are available to answer any questions on the material contained in the report, or to provide explanations or further details as may be appropriate.The undersigned credentialed actuaries meet the Qualification Standards of the American Academy of Actuaries to render the actuarial opinion contained in this report. WS 10.4441._ Michael J. Born, FSA Hildi Incorporated 11800 Singletree Lane, Suite 305 Minneapolis, MN 55344 P 952.934.5554 July 2018 Eden Prairie Firefighter Relief Association Pension Plan Page 3 Management Summary This report has been prepared for the Eden Prairie Firefighter Relief Association to present the valuation results as of December 31, 2017 and provide the plan sponsor with the acceptable range of contributions for 2019. Contributions Important contribution amounts for this year and last year are shown below: 2019 2018 Required Contribution (city and state) $ 677,535 $ 981,026 Estimated Minimum City Contribution $ 212,979 $ 516,468 Events &Decisions Plan Changes: • Lump Sum Benefits were increased to be $12,400 per year of service, increased from $10,000 per year of service. Note:The lump sum benefit level is based on a forthcoming amendment to the plan. If an amendment to increase the lump sum benefit level to $12,400 is not adopted,the results of this valuation will change. Assumption Changes: • The mortality projection scale was updated from MP-2016 to MP-2017. • The pre-retirement termination assumption was updated following an experience study. • Form of payment election assumptions were changed from 80% annuity and 20% lump Sum,to 50%annuity and 50% lump sum. Method Changes: No changes. This report assumes that the full funding date specified in MN Statutes 424A.093 allows for plans to amortize unfunded liability over a period not shorter than the period remaining to the previous full funding date. Since the previous valuation had an amortization period of 7 years,this valuation (one year later) uses an amortization period of 6 years. Had this provision not been in place, the amortization period would have been 3 years, resulting in a larger annual amortization charge. Changes in Unfunded Actuarial Accrued Liability Unfunded Actuarial Accrued Liability 1. Unfunded actuarial accrued liability as of December 31, 2016 $ 2,002,691 2. Expected unfunded actuarial accrued liability as of December 31,2017 1,851,610 3. Changes a. Due to changes in assumptions&methods 27,006 b. Due to changes in plan provisions 323,048 c. Due to investment(gains)/losses (1,776,257) d. Due to liability(gains)/losses 7,209 4. Actual unfunded actuarial accrued liability as of December 31,2017 $ 432,616 Eden Prairie Firefighter Relief Association Pension Plan Page 4 Summary of Results Plan Participant Data December 31,2017 December 31,2016 1. Number of Participants a. Active participants 100 101 b. Terminated vested participants 20 15 c. Retirees and beneficiaries 97 95 d. Disabled retirees 3 3 e. Total 220 214 Cash Contributions For 2019 For 2018 2. Required contribution(city and state) $677,535 $981,026 3. Estimated minimum city contribution $212,979 $516,468 Value of Plan Assets December 31,2017 December 31,2016 4. Market Value $22,581,934 $20,088,435 5. Actuarial value(for calculating contributions) $22,581,934 $20,088,435 Benefit Liabilities 6. Present value of projected benefits(5.00%interest) $26,718,635 $25,893,544 7. Actuarial accrued liability(5.00%interest for calculating contributions) $23,014,550 $22,091,126 Funded status—Market value of assets as a%of liabilities 8. Present value of projected benefits(5.00%interest) 84.5% 77.6% 9. Actuarial accrued liability(5.00%interest for calculating 98.1% 90.9% contributions) Eden Prairie Firefighter Relief Association Pension Plan Page 5 Valuation Results Details Liability Details Plan liabilities and normal cost shown below are based on the plan's funding method. December 31,2017 December 31,2016 1. Funding Interest Rate 5.00% 5.00% Present Value of Benefits 2. Total $26,718,635 $ 25,893,544 Actuarial Accrued Liability and Normal Cost 3. Active members $ 5,675,686 $ 5,564,898 4. Vested terminated members 2,398,276 1,535,962 5. Retired members 14,081,040 14,102,865 6. Disabled members 288,680 293,802 7. Spouses receiving benefits 570,868 593,599 8. Total actuarial accrued liability(3+4+5+6+7) 23,014,550 22,091,126 9. Normal Cost 528,182 545,227 Development of City Contribution Actuarially Determined Contribution For 2019 For 2018 10. Actuarial accrued liability $ 23,014,550 $ 22,091,126 11. Market value of assets 22,581,934 20,088,435 12. Unfunded actuarial accrued liability(10.—11.) 432,616 2,002,691 13. Credit for surplus(10%of 12.) Not applicable Not applicable 14. Normal cost 528,182 545,227 15. Administrative expenses(prior yearx 1.035) 35,915 59,459 16. Amortization of UAAL 81,174 329,624 17. Interest at 5%to year end 32,264 46,716 18. Required contribution (13+14+15+16+17) 677,535 981,026 19. Estimated State aid 464,556 464,558 Estimated City Contribution $212,979 $516,468 (18.-19.,not less than 0) Eden Prairie Firefighter Relief Association Page 6 Average Available Financing City Credit for Active Average Year State Aid Contribution Surplus Total Members* Financing 2015 398,395 438,327 0 836,722 98 8,538 2016 448,848 393,090 0 841,938 101 8,336 2017 448,846 388,336 0 837,182 100 8,372 Average available financing for 2018 8,415 Minimum required for$56.00 monthly benefit rate per Minnesota statute 424A.02 Subd.3 $4,536 *Estimated for non-valuation years Eden Prairie Firefighter Relief Association Page 7 Summary of Assets Asset Reconciliation December 31,2017 December 31,2016 1. Market Value on prior December 31 $ 20,088,435 $ 19,547,119 2.Contributions for the prior plan year a.State contributions 448,846 448,848 b. Municipal contributions 387,665 388,664 c. Fire Dept/Volunteer contributions 671 4,426 d.Total contributions 837,182 841,938 3. Benefits paid during the prior plan year (1,084,111) (1,135,264) 4. Expenses(non-investment) paid from plan assets (34,700) (57,448) 5. Return on Plan assets for prior plan year 2,775,128 892,090 6. Market Value on current December 31 (1.+2.d.+3.+4.+S.J 22,581,934 20,088,435$ 7. Estimated return during prior year 13.9% 4.6% Eden Prairie Firefighter Relief Association Page 8 Other Information Plan Participants Plan Participants December 31,2017 December 31,2016 1. Number of participants in valuation a. Active participants i. Vested (or partially vested) 28 22 ii. Non-vested 72 79 iii. Total active participants 100 101 b. Terminated with vested benefit 20 15 c. Disabled—receiving benefit 3 3 d. In pay status—receiving benefit 97 95 e. Total 220 214 2. Active participant statistics a. Average age 36.4 36.2 b. Average hire service 6.4 6.4 3. Average age for inactive participants a. Terminated with vested benefit 45.7 44.1 b. In pay status—receiving benefit 64.0 63.3 4. Benefit total for inactive participants a. Terminated with vested benefit $ 161,280 $ 130,368 b. In pay status—receiving benefit $ 1,093,072 $ 1,076,944 Active Participants Age/Service Grid Years of credited service: Underl 1to4 5to9 10to14 15to19 20to24 25to29 30to34 35to39 40&up Total Age No. No. No. No. No. No. No. No. No. No. No. Under 25 3 8 1 0 0 0 0 0 0 0 12 25 to 29 0 12 3 0 0 0 0 0 0 0 15 30 to 34 2 8 5 3 0 0 0 0 0 0 18 35 to 39 4 6 6 4 0 0 0 0 0 0 20 40to44 0 5 2 6 2 0 0 0 0 0 15 45 to 49 2 1 1 3 3 1 0 0 0 0 11 50 to 54 1 1 0 2 1 0 1 0 0 0 6 55 to 59 0 1 0 2 0 0 0 0 0 0 3 60 to 64 0 0 0 0 0 0 0 0 0 0 0 65 to 69 0 0 0 0 0 0 0 0 0 0 0 70&up 0 0 0 0 0 0 0 0 0 0 0 Total 12 42 18 20 6 1 1 0 0 0 100 Eden Prairie Firefighter Relief Association Page 9 Participant Data Reconciliation Term In Pay Disabled Actives Vested Status Retirees Total 1. Participants December 31,2016 101 15 95 3 214 a. New participants 12 12 b. Expected new participants c. Rehires I I d. Cash outs e. Vested deferred terms (6) 6 f. Non-vested terminations (6) (6) g. Retirements (1) (1) 2 h. Deaths i. Transfer in _ j. Transfer out k. Begin beneficiary payment I. Other m. Data corrections _ 2. Participants December 31,2017 100 20 97 3 220 Eden Prairie Firefighter Relief Association Page 10 Methods and Assumptions Methods Valuation Date December 31, 2017 Funding Method Entry Age Normal Market Assets Trustee value plus any receivable income and less any payables Actuarial Assets The actuarial asset value is determined as the market value of assets not including accrued contributions. Economic Assumptions �I Investment Return 5.00% Salary Increases N/A Other Assumption 1 Mortality (pre-retirement) RP-2014 Generational projected with Improvement Scale MP- 2017 Mortality (post-retirement) RP-2014 Generational projected with Improvement Scale MP- 2017 Disability Sample rates below: Age Rate as% 20 0.08% 30 0.08% 40 0.20% 50 0.49% 55 0.89% 25%of active disabilities are assumed to be in the line of duty or fire-service related. _ Withdrawal Service 0-4 Years: 7% Service 5-9 Years: 2% Service 10+Years: 8% Expenses Paid from Trust Trust paid expenses in the prior year Retirement Age Later of Age 50 or 10 years of service Form of Payment 50%Annuity(J&S if married), 50% Lump Sum Percent Married 85% Age Difference 3 Years Eden Prairie Firefighter Relief Association Page 11 Analysis of Prescribed Assumptions Prescribed Assumptions Assumption Does Actuary Deem Source the Assumption Reasonable? 1. Economic assumptions a. Investment Return/ Discount Rate 5.00% Yes 2. Demographic assumptions a. None prescribed NA NA 3. Other assumptions a. None prescribed NA NA Analysis of Non-prescribed Assumptions Unless otherwise specified below, all non-prescribed assumptions have been determined with input from the actuary, even though the plan sponsor may be ultimately responsible for selecting the assumption. Economic Assumption Rationale All Economic Investment return/discount rate is the only economic assumption and Assumptions is prescribed by Minnesota Statutes 424A. Non-Economic Rationale Assumption Mortality The latest available mortality table was used. Retirement We have assumed a single retirement age appropriate to the plan's demographic profile. This assumption is evaluated periodically for reasonableness. Withdrawal An experience study examining member behavior over a 10-year period was used to set the schedule. Disability Due to small sample size and the minimal liability attributable to disability,the historical disability table has been retained and evaluated periodically for reasonableness. Form of Payment The lump sum election percentage was set based on results from a member survey regarding form of payment preferences. Changes since prior valuation • The mortality projection scale was updated from MP-2016 to MP-2017. • The pre-retirement termination assumption was updated following an experience study. • Form of payment election assumptions were changed from 80% annuity and 20% lump Sum,to 50%annuity and 50% lump sum. Eden Prairie Firefighter Relief Association Page 12 Summary of Plan Provisions Following is a summary of the major plan provisions used to determine the plan's financial position. It should not be used in determining plan benefits. Key Plan Provisions Plan Name Eden Prairie Firefighter Relief Association Plan Year Calendar year Eligible Employees All volunteer firefighters upon activation in the Eden Prairie Fire Department and approved by the Board of Trustees. Members must be at least 18 years of age. Participation Immediate entry in the plan if an Eligible Employee Service Active performance or supervision of fire suppression or prevention duties by meeting all of the rules and regulations of the fire department during such service. Vesting Schedule Employees who have completed 10 years of service are 100%vested in their benefit. Normal Form of Payment Single life annuity for single participants and 66 2/3%joint and survivor annuity for married participants Optional Form of Payment Lump Sum Benefit Monthly Accrued Benefit $56 x years of Service (up to a maximum of 32 years) Lump Sum Benefit $12,400 x years of Service (up to a maximum of 32 years) Entitlement to future benefit Retired and deferred vested members who have at least 15 years of increases Service receive approved increases in the Monthly Accrued Benefit as they become effective. Retired members who elected to receive a lump sum payment will not receive any increases. Normal Retirement Benefit Eligibility: Age 50 with 10 years of Service Benefit: Monthly Accrued Benefit Early Retirement None Deferred Vested Termination Eligibility: 10 years of Vesting Service Benefit: Normal Retirement Benefit payable upon attainment of age 50 Disability Benefit Eligibility: Injury or sickness incurred in the line of duty Benefit: Monthly Accrued Benefit payable during disability Pre-retirement Death Benefit— Upon death of active or deferred participant: Lump Sum Benefit for Annuity each year of active service payable immediately to surviving spouse, children or estate, regardless of vesting requirements. Post-retirement Death Benefit Eligibility: Any current retiree or disabled retiree pension participant who has commenced a monthly retirement benefit and then died. Benefit: 66 2/3% of member's benefit payable until the earlier of death or remarriage of the surviving spouse. 33 1/3%of member's benefit is payable to any surviving children, in aggregate, or 100% if there are children, but not spouse.The children's benefit is payable until age 18 or 22 if in school. Forms of Retirement Benefits Life only, 66 2/3%Joint&Survivor or Lump Sum. Changes since prior valuation • Lump sum benefits were increased from $10,000 to $12,400 per year of service. Eden Prairie Firefighter Relief Association Page 13 Eden Prairie Firefighter Relief Association 2018 Lump Sum Benefit Level Study Provisions and Assumptions Baseline Scenario AO Scenario A10 Scenario A20 Scenario A30 Scenario MO Scenario A50 Monthly Benefit Level 56.00 56.00 56.00 56.00 56.00 56.00 56.00 Lump Sum Benefit Level 10,000 12,400 12,400 12,400 12,400 12,400 12,400 Lump Sum Election Rate 20% 0% 10% 20% 30% 40% 50% Valuation Interest Rate 5.00% 5.00% 5.00% 5.00% 5.00% 5.00% 5.00% Valuation Year 2017 2017 2017 2017 2017 2017 2017 Market Value of Assets at Valuation Date 20,088,000 20,088,000 20,088,000 20,088,000 20,088,000 20,088,000 20,088,000 Actuarial Accrued Liability 22,091,000 22,278,000 22,337,000 22,396,000 22,455,000 22,514,000 22,573,000 Unfunded Actuarial Liability/(Surplus) 2,003,000 2,189,000 2,249,000 2,308,000 2,367,000 2,426,000 2,485,000 Funded Status 90.9% 90.2% 89.9% 89.7% 89.5% 89.2% 89.0% Required Contribution for 2018 2018 2018 2018 2018 2018 2018 Credit for surplus(10%of UAL) - - - - - - - Normal cost 545,000 563,000 568,000 572,000 576,000 580,000 585,000 Administrative expenses(prior year x 1.035) 59,000 59,000 59,000 59,000 59,000 59,000 59,000 Amortization of UAL 330,000 360,000 370,000 380,000 390,000 357,000 366,000 Interest to year end 47,000 49,000 50,000 51,000 51,000 50,000 51,000 Required contribution 981,000 1,032,000 1,047,000 1,062,000 1,076,000 1,047,000 1,061,000 Estimated State Aid 465,000 465,000 465,000 465,000 465,000 465,000 465,000 Estimated City Contribution 516,000 568,000 583,000 597,000 612,000 583,000 596,000 Projected Year-End Results 2018 2018 2018 2018 2018 2018 2018 Market Value of Assets at Valuation Date 22,582,000 22,582,000 22,582,000 22,582,000 22,582,000 22,582,000 22,582,000 Actuarial Accrued Liability 22,605,000 22,820,000 22,886,000 22,953,000 23,019,000 23,086,000 23,152,000 Unfunded Actuarial Liability/(Surplus) 23,000 238,000 304,000 371,000 437,000 504,000 570,000 Funded Status 99.9% 99.0% 98.7% 98.4% 98.1% 97.8% 97.5% Estimated Required Contribution for 2019 2019 2019 2019 2019 2019 2019 Credit for surplus(10%of UAL) - - - - - - - Normal cost 545,000 563,000 568,000 572,000 576,000 580,000 585,000 Administrative expenses(prior year x 1.035) 36,000 36,000 36,000 36,000 36,000 36,000 36,000 Amortization of UAL 4,000 45,000 57,000 70,000 82,000 83,000 94,000 Interest to year end 29,000 32,000 33,000 34,000 35,000 35,000 36,000 Required contribution 615,000 676,000 694,000 711,000 729,000 734,000 750,000 Estimated State Aid 465,000 465,000 465,000 465,000 465,000 465,000 465,000 Estimated City Contribution 150,000 212,000 229,000 247,000 264,000 270,000 286,000 Additional Annual Contribution for$100 Increase - 1,900 3,900 5,800 7,000 8,800 Hildi Incorporated 1 of 3 6/19/2018 Eden Prairie Firefighter Relief Association 2018 Lump Sum Benefit Level Study Provisions and Assumptions Baseline Scenario A60 Scenario A70 Scenario A80 Scenario A90 Scenario A100 Monthly Benefit Level 56.00 56.00 56.00 56.00 56.00 56.00 Lump Sum Benefit Level 10,000 12,400 12,400 12,400 12,400 12,400 Lump Sum Election Rate 20% 60% 70% 80% 90% 100% Valuation Interest Rate 5.00% 5.00% 5.00% 5.00% 5.00% 5.00% Valuation Year 2017 2017 2017 2017 2017 2017 Market Value of Assets at Valuation Date 20,088,000 20,088,000 20,088,000 20,088,000 20,088,000 20,088,000 Actuarial Accrued Liability 22,091,000 22,632,000 22,691,000 22,750,000 22,809,000 22,868,000 Unfunded Actuarial Liability/(Surplus) 2,003,000 2,544,000 2,603,000 2,662,000 2,721,000 2,780,000 Funded Status 90.9% 88.8% 88.5% 88.3% 88.1% 87.8% Required Contribution for 2018 2018 2018 2018 2018 2018 Credit for surplus(10%of UAL) - - - - - - Normal cost 545,000 589,000 593,000 597,000 602,000 606,000 Administrative expenses(prior year x 1.035) 59,000 59,000 59,000 59,000 59,000 59,000 Amortization of UAL 330,000 375,000 384,000 392,000 401,000 410,000 Interest to year end 47,000 51,000 52,000 52,000 53,000 54,000 Required contribution 981,000 1,074,000 1,088,000 1,101,000 1,115,000 1,129,000 Estimated State Aid 465,000 465,000 465,000 465,000 465,000 465,000 Estimated City Contribution 516,000 610,000 623,000 637,000 650,000 664,000 Projected Year-End Results 2018 2018 2018 2018 2018 2018 Market Value of Assets at Valuation Date 22,582,000 22,582,000 22,582,000 22,582,000 22,582,000 22,582,000 Actuarial Accrued Liability 22,605,000 23,218,000 23,285,000 23,351,000 23,418,000 23,484,000 Unfunded Actuarial Liability/(Surplus) 23,000 637,000 703,000 769,000 836,000 902,000 Funded Status 99.9% 97.3% 97.0% 96.7% 96.4% 96.2% Estimated Required Contribution for 2019 2019 2019 2019 2019 2019 Credit for surplus(10%of UAL) - - - - - - Normal cost 545,000 589,000 593,000 597,000 602,000 606,000 Administrative expenses(prior year x 1.035) 36,000 36,000 36,000 36,000 36,000 36,000 Amortization of UAL 4,000 105,000 116,000 127,000 138,000 149,000 Interest to year end 29,000 36,000 37,000 38,000 39,000 40,000 Required contribution 615,000 766,000 782,000 798,000 814,000 830,000 Estimated State Aid 465,000 465,000 465,000 465,000 465,000 465,000 Estimated City Contribution 150,000 301,000 317,000 333,000 349,000 365,000 Additional Annual Contribution for$100 Increase 10,500 12,300 14,000 15,800 17,500 Hildi Incorporated 2 of 3 6/19/2018 Eden Prairie Firefighter Relief Association 2018 Lump Sum Benefit Level Study Notes - Baseline liabilties have been calculated based on the census data, assumptions, and methods used for the actuarial funding report as of December 31, 2016. - Future increases to the monthly benefit level are not reflected in this study. - Changes to plan provisions and actuarial assumptions for the alternative scenarios are measured as if effective on January 1, 2017. - Amortization periods are rounded to the nearest whole year, as required by Minnesota Statutes 424A.093. This can cause a sharp decrease in the required contribution when the amortization period is extended by an additional year. - Projected contributions for 2019 estimate the impact of a new actuarial valuation as of January 1, 2018. It is assumed that plan liabilities will experience no actuarial gains or losses during 2017. The reduced 2019 contribution amount comes from reflecting strong investment returns through December 31, 2017. - Minnesota Statutes 424A.093 is interpreted such that the full funding period may be lengthened, but may not be earlier than the full funding date determined by the previous valuation. The projected contributions for 2019 will be larger if the amortization period is allowed to shorten. Hildi Incorporated 3 of 3 6/19/2018 Eden Prairie Firefighters Relief Association Estimated Value of Monthly Retirement Benefit Estimated Value of Monthly Benefit At Age 50 Single Life Single Life 66 2/3%Joint and 66 2/3%Joint and Monthly Annuity Annuity Survivor Annuity Survivor Annuity Benefit Level No COLA 1%COLA No COLA 1%COLA $ 50.00 $ 10,600 $ 12,100 $ 11,400 $ 13,200 52.00 11,000 12,600 11,900 13,700 54.00 11,400 13,000 12,400 14,200 56.00 11,900 13,500 12,800 14,800 58.00 12,300 14,000 13,300 15,300 60.00 12,700 14,500 13,700 15,800 62.00 13,100 15,000 14,200 16,400 64.00 13,600 15,500 14,600 16,900 66.00 14,000 15,900 15,100 17,400 68.00 14,400 16,400 15,600 17,900 70.00 14,800 16,900 16,000 18,500 80.00 16,900 19,300 18,300 21,100 90.00 19,100 21,700 20,600 23,700 100.00 21,200 24,100 22,900 26,400 Lump Sum values are estimated based on the following assumptions: Interest Rates: 1.96%(short)/3.78%(medium)/4.96%(long) Mortality Table: RP-2014 for annuitants with the MP-2016 projection scale reflecting future lifespan improvement Retirement: Male participant retiring at age 50 in 2017(same age spouse for survivor annuity) • The selected interest rates were published by the IRS for April 2017 for purposes of calculating the lump sum value of pension benefits. The three interest rates are based on current corporate bond yields. The short-term rate applies to payments expected to be made in the next 5 years,the medium-term rate is for years 5-19, and the long-term rate is for durations beyond 20 years. • The mortality table and projection scale are the most current issued by the Society of Actuaries for private pension plan participants. • The Cost of Living Allowance (COLA) rate is the assumed annual increase in the pension amount following retirement. 5/15/2017 Hildi Inc. Eden Prairie Firefighter Relief Association Notice of Special Meeting TO Members of the Eden Prairie Firefighter Relief Association(EPFRA) RE Special Meeting of the membership WHEN September 6,2018 TIME 6:30 PM(Dinner at 6:00 PM0 WHERE EPFD Station One Notice is hereby given pursuant to Article VII of the EPFRA bylaws to all members of said Association that a special meeting of the membership will be held on September 6, 2018 at 6:30 PM at EPFD Station One for the purpose of amending the bylaws of the EPFRA. There will be food served prior to the meeting beginning at 6:00 PM. The agenda for the meeting will be as follows: 6:00 PM Food Service 6:30 PM Roll Call/Call to Order 6:45 PM Vote on Bylaw changes 6:55 PM(time approximate) Adjournment The proposed bylaw changes increases the lump sum payment to $12,400 per year of service and amends the definition of a break in service and will be worded as follows: Article IX.3(2) is changed to state as follows: (2) Lump Sum Service Pension: A lump sum service pension shall be calculated as follows: (i) For the period prior to 2011: 100 x Years of Service x Monthly Rate at time of retirement. (ii) For the period from 2011 through May 31,2013: 150 x Years of Service x Monthly Rate at time of retirement. (iii) For the period from June 1,2013 through ,2018 (date to be determined by City Council) $10,000 per Year of Service. (iv) For the period beginning ,2018 (date to be determined by City Council) and thereafter $12,400 per year of service. Article III.6 is changed to state as follows: 6. Break in Service (a)Break in Service.A break in service is the period of time in which a member does not comply with the active service requirements of the Fire Department. A member will not receive service credit with the Association for the period of a break in service. If a member's break in service is less than 60 days, active membership in the Association will resume when the member returns to active service with the Fire Department. A break in service does not include an approved leave of absence pursuant to these bylaws or state law. A member will not receive service credit for a leave of absence, except for Military Leave or Medical Leave defined in Article III. (b)Return to Service. If a member has a break in service of 60 days or more and receives a lump sum payment, and not a monthly service pension, and then resumes active membership in the Fire Department and membership in the Association,the member will be entitled to receive a lump sum payment for his subsequent period of service,provided the member completes a minimum of three years of subsequent service. The lump sum for the subsequent period of service will be based on the lump sum amount then payable under the Bylaws. Such payment shall have no effect on the member's previous service pension. In no event will the Association pay duplicate benefits for the same period of service. Except as provided in this paragraph(b), a member who has a break in service of more than 60 days and returns to active service and returns to active service will not receive any credit or earn an additional benefit for a subsequent period of service. The above rules for payment of an additional benefit for a subsequent period of service do not apply to leaves of absence for which a firefighter continues to receive service credit during the leave under these Bylaws. (c)Effective Date. The changes in this Article 111.6 shall apply beginning ,2018 (date to be determined by City Council)to members who retire on or after such date. Respectfully Submitted, Tom Wilson, Secretary EPFRA Board of Trustees CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims September 18, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Sue Kotchevar, Office of the Payment of Claims X. City Manager/Finance Requested Action Move to: Approve the Payment of Claims as submitted(roll call vote) Synopsis Checks 262726 - 262988 Wire Transfers 1020671 - 1020786 Wire Transfers 6741 - 6760 City of Eden Prairie Council Check Summary 9/18/2018 Division Amount Division Amount 18,501 308 E-911 477 100 City Manager 7 309 DWI Forfeiture 113 101 Legislative 37,190 315 Economic Development 6,246 102 Legal Counsel -43 445 Cable PEG 3,399 110 City Clerk 571 502 Park Development 4,357 111 Customer Service 10,481 509 CIP Fund 46,852 113 Communications 4,217 512 CIP Trails 2,182 114 Benefits&Training 794 522 Improvement Projects 2006 5,054 131 Finance 450 526 Transportation Fund 25,152 132 Housing and Community Services 130 804 100 Year History 233 133 Planning 2,811 Total Capital Projects Fund 94,066 136 Public Safety Communications 10,841 137 Economic Development -908 601 Prairie Village Liquor 87,213 150 Park Administration 490 602 Den Road Liquor 166,224 151 Park Maintenance 27,542 603 Prairie View Liquor 112,592 154 Community Center 45,295 605 Den Road Building 605 156 Youth Programs 27,294 701 Water Enterprise Fund 369,502 158 Senior Center 2,753 702 Wastewater Enterprise Fund 13,502 159 Recreation Administration 12,365 703 Stormwater Enterprise Fund 40,604 160 Therapeutic Recreation 4,600 Total Enterprise Fund 790,243 161 Oak Point Pool 3,755 162 Arts 1,143 802 494 Commuter Services 11,491 163 Outdoor Center 415 803 Escrow Fund 34,461 164 Park Rental Facilities 679 807 Benefits Fund 487,000 168 Arts Center 4,463 810 Workers Comp Insurance 92 180 Police 7,047 811 Property Insurance 6,740 184 Fire 25,376 812 Fleet Internal Service 82,874 186 Inspections 3,628 813 IT Internal Service 46,825 200 Engineering 570 815 Facilites Operating ISF 56,130 201 Street Maintenance 521,049 816 Facilites City Center ISF 5,513 202 Street Lighting 1,052 817 Facilites Comm.Center ISF 94,004 Total General Fund 774,557 Total Internal Svc/Agency Funds 825,130 301 CDBG 130 Report Total 2,515,200 303 Cemetary Operation 36 312 Recycle Rebate 31,039 Total Special Revenue Fund 31,204 City of Eden Prairie Council Check Register by GL 9/18/2018 Check# Amount Supplier/Explanation Account Description Business Unit Comments 1020719 493,486 PEARSON BROTHERS INC Seal Coating Street Maintenance 2018 Sealcoat Project 6752 248,579 ULTIMATE SOFTWARE GROUP,THE Federal Taxes Withheld Health and Benefits Payroll taxes PR ending 08.31.18 262841 189,185 THE OSSEO CONSTRUCTION CO.LLC Improvement Contracts Water Capital Elevated Water Tower Rehab 6754 167,036 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR ending 08.17.18 1020736 161,404 XCEL ENERGY Electric Street Lighting Multi location electric 262900 41,127 DMJ ASPHALT INC Other Contracted Services Capital Maint.&Reinvestment 262927 39,735 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 1020714 33,103 LOGIS LOGIS IT Operating 262939 32,717 MIKE MOTORS OF MINNESOTA INC. Autos Fleet-Fire 1020768 32,464 DIVERSE BUILDING MAINTENANCE Janitor Service Prairie Village Liquor Store 262933 31,921 LEAGUE OF MINNESOTA CITIES Dues&Subscriptions City Council 1020724 31,039 REPUBLIC SERVICES#894 Other Contracted Services Recycle Rebate 262794 30,939 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 262975 28,598 TRUE FRIENDS Deposits Escrow 1020708 27,898 HANSEN THORP PELLINEN OLSON Design&Engineering Transportation Fund 6755 26,529 EMPOWER Deferred Compensation Health and Benefits 262967 22,413 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 262832 21,800 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 262747 20,280 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie View Liquor Store 262925 20,221 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 262976 19,999 TWIN CITIES&WESTERN RAILROAD COMPANY Improvement Contracts Transportation Fund 262805 18,607 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 6753 18,593 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 262871 18,008 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie Village Liquor Store 262913 17,820 GRAYMONT Treatment Chemicals Water Treatment 262849 17,731 VIDEOTRONIX INC Other Assets General Fund 262838 16,900 SWEDEBRO Contract Svcs-General Bldg Maintenance Facility 1020693 16,200 WENCK ASSOCIATES INC OCS-Monitoring Stormwater Non-Capital 262870 14,881 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie Village Liquor Store 262955 14,794 PUSH PEDAL PULL Capital Under$25,000 Fitness Center 6757 14,615 RADIANT SYSTEMS Bank and Service Charges Prairie View Liquor Store 6744 14,547 LIFE INSURANCE COMPANY OF NORTH AMERICA Life Insurance EE/ER Health and Benefits 262824 14,336 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 262966 14,157 SOCCER SHOTS Instructor Service Preschool Events 262823 13,656 PRAIRIE PARTNERS SIX LLP Waste Disposal Prairie Village Liquor Store 262781 13,350 GRAYMONT Treatment Chemicals Water Treatment 262875 12,767 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 262792 12,673 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store 262919 12,365 HOUSE OF PRINT Printing Community Brochure 1020701 12,286 CENTERPOINT ENERGY Gas Maintenance Facility 262748 12,111 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie View Liquor Store 6742 11,491 I-494 CORRIDOR COMMISSION Deposits 494 Corridor Commission 1020695 11,428 2ND WIND EXERCISE Capital Under$25,000 Fitness Center 1020726 10,886 SKYHAWKS Instructor Service Camps 262952 10,772 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Comments 1020703 10,198 ESS BROTHERS&SONS INC Equipment Parts Stormwater Collection 262751 10,019 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 1020772 9,124 JEFFERSON FIRE&SAFETY INC Equipment Repair&Maint Fire 262921 9,056 HP INC Computers IT Operating 6758 8,832 US BANK-CREDIT CARD MERCHANT ONLY Bank and Service Charges Finance 262891 8,710 COMMERCIAL ASPHALT CO Patching Asphalt Street Maintenance 262812 8,516 MOBOTREX INC Equipment Repair&Maint Traffic Signals 262820 8,347 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 1020707 7,616 GRANICUS INC Other Contracted Services Cable PEG 1020774 7,155 METRO SALES INCORPORATED* Other Rentals IT Operating 1020762 6,755 ADVANCED ENGINEERING&ENVIRONMENTAL SE OCS-Monitoring Water Capital 262932 6,740 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 262909 6,300 FACILITIES MANAGEMENT EXPRESS LLC Other Contracted Services Facilities Staff 6760 6,273 CARD CONNECT Bank and Service Charges Community Center Admin 262980 5,896 UNITED TRUCK BODY CO.INC Autos Fleet Capital 262786 5,719 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 262979 5,269 UNITED STATES CONFERENCE OF MAYORS,THE Dues&Subscriptions City Council 262908 5,146 F IRE Training Supply-Recruit Fire 262768 5,061 DPC INDUSTRIES INC Treatment Chemicals Water Treatment 262956 5,039 RED WING BUSINESS ADVANTAGE ACCOUNT Clothing&Uniforms Park Maintenance 6743 5,035 FURTHER-AKA SELECT HRA Health and Benefits 262988 5,031 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 262981 4,600 UPSTREAM ARTS INC Other Contracted Services New Adaptive 262958 4,558 RICHARDS WILLIAM&KRISTINA Deposits Legal Council 262853 4,547 MHG Operating Supplies Fire 1020760 4,404 WSB&ASSOCIATES INC Design&Engineering Improvement Projects 2006 6748 4,153 SAGE PAYMENT SOLUTIONS Bank and Service Charges Wastewater Accounting 262951 4,068 PAUSTIS&SONS COMPANY Liquor Product Received Prairie Village Liquor Store 262898 3,983 DEPT OF EMPLOYMENT/ECONOMIC DEVELOPMENT Interest Economic Development Fund 1020712 3,917 KIDCREATE STUDIO Instructor Service Arts Center 1020763 3,903 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 262739 3,888 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 262862 3,862 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 1020767 3,798 DAKOTA SUPPLY GROUP INC Repair&Maint.Supplies Water Metering 262774 3,797 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Autos Fleet Capital 1020766 3,794 CENTERPOINT ENERGY Gas Wastewater Lift Station 262895 3,786 CORE&MAIN Equipment Parts Water Distribution 1020720 3,768 PIONEER MANUFACTURING COMPANY Operating Supplies Park Maintenance 262905 3,755 EDEN PRAIRIE COMMUNITY EDUCATION Other Contracted Services Oak Point Lessons 1020771 3,715 ITRON INC. Maintenance Contracts Water Metering 262943 3,604 MOBILE RADIO ENGINEERING INC Equipment Repair&Maint Public Safety Communications 1020778 3,562 PRAIRIE ELECTRIC COMPANY Contract Svcs-HVAC Street Lighting 262960 3,330 SAFETY SIGNS Equipment Repair&Maint Stormwater Collection 1020735 3,255 WINE COMPANY,THE Liquor Product Received Prairie View Liquor Store 262819 3,162 PAUSTIS&SONS COMPANY Liquor Product Received Prairie View Liquor Store 262873 3,146 BRYAN ROCK PRODUCTS INC Landscape Materials/Supp Water Distribution 262902 3,080 DPC INDUSTRIES INC Treatment Chemicals Water Treatment 262822 3,000 POSTAGE BY PHONE RESERVE ACCOUNT Postage Customer Service 262946 3,000 MUELLER CO Repair&Maint.Supplies Water Metering 1020728 3,000 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Supply(Wells) Check# Amount Supplier/Explanation Account Description Business Unit Comments 1020761 2,876 YOUNGSTEDTS COLLISION CENTER Equipment Repair&Maint Fleet Operating 262743 2,867 BERNICK'S WINE Liquor Product Received Prairie View Liquor Store 1020709 2,831 HAWKINS INC Treatment Chemicals Water Treatment 1020722 2,764 POMP'S TIRE SERVICE INC Tires Fleet Operating 262920 2,740 HOUSEAL LAVIGNE ASSOCIATES Other Contracted Services Planning 1020782 2,716 ST CROIX RECREATION FUN PLAYGRAOUNDS INC Building Materials Park Maintenance 262910 2,667 FIRST ARRIVING,LLC Other Assets Public Safety Communications 262935 2,618 LUBE-TECH&PARTNERS LLC Repair&Maint.Supplies Utility Operations-General 1020777 2,563 POMP'S TIRE SERVICE INC Tires Fleet Operating 262947 2,558 NAC Contract Svcs-Plumbing City Center-CAM 1020700 2,497 CDW GOVERNMENT INC. Computers IT Operating 6759 2,399 AMERICAN EXPRESS Bank and Service Charges Community Center Admin 262764 2,204 DAHLGREEN GOLF CLUB Special Event Fees Senior Center Programs 262761 2,199 CORE&MAIN Repair&Maint.Supplies Stormwater Collection 262916 2,184 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police 262801 2,174 LUBE-TECH&PARTNERS LLC Lubricants&Additives Fleet Operating 1020691 2,166 VAN PAPER COMPANY Cleaning Supplies City Center-Tenant Cost 262809 2,125 MHSRC/RANGE Tuition Reimbursement/School Police 262972 2,100 STRATEGIC INSIGHTS INC Software Maintenance IT Operating 262726 2,098 M-R SIGN CO INC Signs Elections 1020692 2,075 VINOCOPIA Liquor Product Received Prairie View Liquor Store 262798 2,038 KRIS ENGINEERING INC Equipment Parts Fleet Operating 1020696 2,031 ANCHOR PAPER COMPANY Office Supplies Customer Service 1020718 2,024 ODESA II LLC Other Contracted Services Capital Maint.&Reinvestment 262918 2,008 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 1020757 1,983 VAN PAPER COMPANY Cleaning Supplies Fitness/Conference-Cmty Ctr 262861 1,929 ARTEKA OUTDOOR SERVICES Other Contracted Services Street Maintenance 262790 1,925 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits 1020748 1,807 PARK SUPPLY OF AMERICA INC Supplies-Plumbing Pool Maintenance 1020704 1,788 ETHANOL PRODUCTS LLC Treatment Chemicals Water Treatment 262930 1,764 LAW ENFORCEMENT LABOR SERVICES INC. Union Dues Withheld Health and Benefits 1020717 1,751 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 262782 1,731 GREAT LAKES COCA-COLA DISTRIBUTION Merchandise for Resale Concessions 262843 1,690 TWIN CITIES&WESTERN RAILROAD COMPANY Licenses,Taxes,Fees Transportation Fund 1020715 1,672 MENARDS Supplies-HVAC Fitness/Conference-Cmty Ctr 1020765 1,620 CDW GOVERNMENT INC. Operating Supplies IT Operating 262852 1,500 ZETAH,JEANNE Rebates Water Conservation 1020727 1,461 SPS COMPANIES Supplies-Plumbing City Center-CAM 262776 1,450 ESCH CONSTRUCTION SUPPLY INC Asphalt Overlay Street Maintenance 262904 1,444 EARL F ANDERSEN INC Signs Traffic Signs 262961 1,435 SALAMANDER TECHNOLOGIES INC Equipment Repair&Maint Public Safety Communications 262779 1,420 GIRARD'S BUSINESS SOLUTIONS INC Equipment Repair&Maint Customer Service 262914 1,409 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store 262864 1,375 BARTON SAND&GRAVEL CO Waste Blacktop/Concrete Street Maintenance 1020784 1,366 WINE COMPANY,THE Liquor Product Received Prairie Village Liquor Store 262906 1,320 EHLERS&ASSOCIATES INC Other Contracted Services TIF-Columbine Road Housing 1020745 1,314 HIRSHFIELD'S Repair&Maint.Supplies Water Distribution 262754 1,312 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Stormwater Collection 1020689 1,296 SITEONE LANDSCAPE SUPPLY,LLC Landscape Materials/Supp Street Maintenance 262851 1,275 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Comments 262787 1,250 HP INC Computers-Monitors IT Operating 262799 1,250 LEGEAR ENGINEERING FD CONSULTING Conference/Training Fire 1020773 1,223 MENARDS Landscape Materials/Supp Fire 262795 1,214 JOHNSON CONTROLS Contract Svcs-HVAC Ice Arena Maintenance 1020697 1,203 A-SCAPE INC Contract Svcs-Lawn Maint Den Bldg.-CAM 262866 1,158 BERNICK'S WINE Liquor Product Received Prairie Village Liquor Store 1020758 1,158 VINOCOPIA Liquor Product Received Den Road Liquor Store 262749 1,140 BRICKS 4 KIDZ Instructor Service Camps 262834 1,085 STAPLES ADVANTAGE Office Supplies Fitness/Conference-Cmty Ctr 262876 1,053 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Street Maintenance 262971 1,050 STRAND MANUFACTURING CO INC Equipment Repair&Maint Wastewater Lift Station 262731 1,030 AARON CARLSON CORPORATION Contract Svcs-General Bldg Fitness/Conference-Cmty Ctr 6741 1,019 FURTHER-AKA SELECT FSA-Dependent Care Health and Benefits 262857 1,013 AGGREGATE INDUSTRIES Asphalt Overlay Stormwater Collection 1020677 1,010 CHEMSEARCH Supplies-HVAC City Center-CAM 262949 1,000 OLSEN'S EMBROIDERY/COMPANY Safety Supplies Fleet Operating 262740 992 ASPEN MILLS Clothing&Uniforms Fire 262963 941 SIGNSOURCE Signs Capital Outlay Parks 262780 940 GLASS&MIRROR OUTLET INC Contract Svcs-General Bldg Fitness/Conference-Cmty Ctr 1020685 940 MINNESOTA NATIVE LANDSCAPES Maintenance Contracts Stormwater Non-Capital 1020730 925 TWIN CITY SEED CO Landscape Materials/Supp Park Maintenance 262736 914 AIRGAS USA LLC Supplies-Pool Pool Maintenance 262758 898 COMMERCIAL TRUCK COLLISSION INC Equipment Repair&Maint Fleet Operating 1020706 878 GRAINGER Equipment Parts Park Maintenance 262840 871 TEAM LABORATORY CHEMICAL CORPORATION Repair&Maint.Supplies Wastewater Lift Station 262800 850 LIONS SHARE MANAGEMENT Outside Water Sales Escrow 1020694 825 YOUNGSTEDTS COLLISION CENTER Equipment Repair&Maint Fleet Operating 262839 823 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 1020776 816 PARLEY LAKE WINERY Liquor Product Received Prairie Village Liquor Store 262767 780 DOMACE VINO Liquor Product Received Den Road Liquor Store 262788 772 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store 262750 763 BWS HEATING&AIR CONDITIONING Contract Svcs-HVAC Dunn Brothers 1020786 761 ZIEGLER INC Equipment Repair&Maint Fleet Operating 262808 738 METROPOLITAN COMPOUNDS INC Operating Supplies Utility Operations-General 262968 724 SPEEDPRO IMAGING INC Operating Supplies Ice Operations 262950 720 PARK NICOLLET CLINIC Health&Fitness Fire 262745 718 BOURGET IMPORTS Liquor Product Received Prairie View Liquor Store 262917 717 HENNEPIN COUNTY I/T DEPT Equipment Repair&Maint Public Safety Communications 262977 716 TWIN CITIES DOTS AND POP LLC Merchandise for Resale Concessions 262863 716 ASPEN MILLS Clothing&Uniforms Fire 1020690 693 SWANK MOTION PICTURES INC Office Supplies Staring Lake Concert 262970 688 STEVE LUCAS PHOTOGRAPHY Video&Photo Supplies Fire 262847 688 VACKER INC Signs Capital Outlay Parks 262813 680 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store 1020783 666 STREICHERS Clothing&Uniforms Police 262974 661 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 262931 655 LAWN RANGER,INC,THE Other Contracted Services Park Maintenance 262987 650 WIELAND YULIA Right of Way&Easement Improvement Projects 2006 1020732 634 VISTAR CORPORATION Merchandise for Resale Concessions 1020754 632 SITEONE LANDSCAPE SUPPLY,LLC Repair&Maint.Supplies Park Maintenance Check# Amount Supplier/Explanation Account Description Business Unit Comments 1020698 620 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 262877 608 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store 262944 603 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 262922 603 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 1020739 603 BERRY COFFEE COMPANY Merchandise for Resale Concessions 1020729 602 STREICHERS Clothing&Uniforms Police 262756 574 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 1020705 563 FILTRATION SYSTEMS Supplies-HVAC Fitness/Conference-Cmty Ctr 262741 549 BECKER ARENA PRODUCTS INC Repair&Maint-Ice Rink Ice Arena Maintenance 1020753 547 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie Village Liquor Store 1020747 546 MINNESOTA CLAY CO.USA Operating Supplies Arts Center 1020756 543 THE OASIS GROUP Employee Assistance Organizational Services 262878 540 COLD STONE CREAMERY Operating Supplies-Food Fire 262829 529 SEWER SERVICES,INC Contract Svcs-Plumbing Maintenance Facility 262770 528 EAU CLAIRE BREWING PROJECT THE LLC Liquor Product Received Prairie View Liquor Store 6745 515 PMA FINANCIAL NETWORK INC Bank and Service Charges Wastewater Accounting 262973 504 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 262926 500 JK BUILD BY DESIGN CONSTRUCTION COMPANY Other Contracted Services Capital Maint.&Reinvestment 262826 497 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie Village Liquor Store 262777 493 FIRE SAFETY USA INC Equipment Repair&Maint Fleet Operating 262894 492 CONSTRUCTION MATERIALS INC Asphalt Overlay Street Maintenance 262814 490 MRPA Conference/Training Parks Administration 1020734 487 WATSON CO INC,THE Merchandise for Resale Concessions 1020688 484 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie View Liquor Store 262969 481 STAPLES ADVANTAGE Supplies-General Bldg Fitness/Conference-Cmty Ctr 262892 463 COMMERCIAL REFRIGERATION SYSTEMS INC Supplies-HVAC Ice Arena Maintenance 6751 462 ULTIMATE SOFTWARE GROUP,THE Garnishment Withheld Health and Benefits 262797 450 KIDPOWER WITH RACHAEL Other Contracted Services Staring Lake Concert 1020742 444 CARLSTON,BRANDON Clothing&Uniforms Police 6756 442 FURTHER-AKA SELECT FSA-Medical Health and Benefits 262867 432 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store 262983 428 VIDEOTRONIX INC Equipment Repair&Maint Public Safety Communications 262818 425 PAPER ROLL PRODUCTS Printers-Accessories IT Operating 262959 423 RIVERS EDGE CONCRETE Asphalt Overlay Street Maintenance 262806 413 MARCO INC Operating Supplies IT Operating 262755 411 CENTURYLINK Telephone IT Operating 1020785 407 XCEL ENERGY Electric Forest Hills Park 262793 402 JOHN HENRY FOSTER MINNESOTA INC Equipment Repair&Maint Water Treatment 262744 400 BLOOMINGTON SECURITY SOLUTIONS Other Contracted Services Miller Park 1020779 400 REINDERS INC Landscape Materials/Supp Pheasant Woods Park(Mitchell) 262872 398 BROTHERS FIRE PROTECTION Building Repair&Maint. Utility Operations-General 1020751 397 R&R SPECIALTIES OF WISCONSIN INC Contract Svcs-Ice Rink Ice Arena Maintenance 1020675 393 BRAUN INTERTEC CORPORATION Testing Transportation Fund 262752 389 CAPREF EDEN PRAIRIE LLC Building Rental Housing and Community Service 262833 385 STANTEC PLANNING/LANDSCAPE ARCHITECTURE Other Contracted Services Park Maintenance 262828 384 ROOTSTOCK WINE COMPANY Liquor Product Received Den Road Liquor Store 262842 380 TKO WINES,INC Liquor Product Received Den Road Liquor Store 262737 375 ALLIED GENERATORS Contract Svcs-Fire/Life/Safe Fire Station#2 262837 374 SUNBURST CHEMICALS INC Supplies-Garden Room Garden Room Repairs 1020716 373 METRO SALES INCORPORATED* Equipment Rentals IT Operating Check# Amount Supplier/Explanation Account Description Business Unit Comments 1020731 356 USA SECURITY Maintenance Contracts Water Treatment 1020723 354 REINDERS INC Landscape Materials/Supp Park Maintenance 262760 352 CONCRETE CUTTING AND CORING Equipment Parts Wasterwater Collection 262937 351 MARCO INC Operating Supplies IT Operating 262903 349 E A SWEEN COMPANY Merchandise for Resale Concessions 1020738 343 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Den Road Liquor Store 262929 340 LANO EQUIPMENT INC Equipment Parts Fleet Operating 262848 335 VESSCO INC Equipment Parts Water Treatment 1020743 332 ERICKSON QUENTIN Mileage&Parking Park Facilities 262907 330 ERICKSON ENGINEERING COMPANY LLC Design&Engineering Engineering 262897 329 DAVANNI'S PIZZA Operating Supplies Safety Camp 262859 324 AMAZING ATHLETES OF CENTRAL MN Instructor Service Preschool Events 262802 315 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store 262915 310 HEALTHPARTNERS Health&Fitness Fire 1020702 309 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits 262934 300 LOAD'EM UP TRAILERS RENTAL AND SALES Other Rentals Elections 262765 300 DEALER AUTOMOTIVE SERVICES INC Autos Fleet-Police 262778 297 GENERAL OFFICE PRODUCTS COMPANY Supplies-General Building City Hall(City Cost) 262803 296 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Operating 1020721 295 PITNEY BOWES Postage Customer Service 1020744 294 FASTENAL COMPANY Operating Supplies Fleet Operating 262815 293 NEUHARTH COMPANIES Other Contracted Services Capital Maint.&Reinvestment 262835 291 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store 262896 288 CRYSTEEL TRUCK EQUIPMENT Equipment Parts Fleet Operating 262762 275 CRIDER ANNETTE P&R Refunds Community Center Admin 1020671 274 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Outdoor Center Facilities 262936 267 M R SIGN Other Revenue Traffic Signs 262753 264 CARLOS CREEK WINERY Liquor Product Received Den Road Liquor Store 1020672 263 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie Village Liquor Store 1020713 252 LOFFLER COMPANIES INC Hardware-R&M IT Operating 262759 252 COMMUNITY HEALTH CHARITIES OF MINNESOTA Charitable Contributions Health and Benefits 1020750 251 QUALITY PROPANE Motor Fuels Fleet Operating 262735 250 ADVANTAGE PROPERTY MAINTENANCE INC Other Contracted Services Street Maintenance 1020733 250 WALL TRENDS INC Contract Svcs-General Bldg Fitness/Conference-Cmty Ctr 262825 248 PROP-DO NOT USE Charitable Contributions Health and Benefits 6746 247 US BANK-PAYMODE Bank and Service Charges Finance 1020749 245 PROSOURCE SUPPLY Supplies-General Bldg Pool Maintenance 262953 241 PLASTIC BAG MART Liquor Product Received Den Road Liquor Store 262965 238 SNAP-ON TOOLS Small Tools Fleet Operating 262883 235 COMCAST Cable TV Fire 262734 233 ABLE SEEDHOUSE AND BREWERY Liquor Product Received Den Road Liquor Store 1020769 231 ECM PUBLISHERS INC Employment Advertising Organizational Services 262784 226 HAGERT CASEY Mileage&Parking Youth Programs Admin 262978 225 TYLER TECHNOLOGIES INC Software IT Capital 1020686 222 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 262868 219 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store 1020759 210 WORKIN KATHRYN Mileage&Parking Park Facilities 262830 209 SIGNSOURCE Landscape Materials/Supp Capital Maint.&Reinvestment 262816 205 OLSEN CHAIN&CABLE Equipment Repair&Maint Fleet Operating 262855 200 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs Check# Amount Supplier/Explanation Account Description Business Unit Comments 1020687 200 R&R SPECIALTIES OF WISCONSIN INC Repair&Maint-Ice Rink Ice Arena Maintenance 6749 198 SAGE PAYMENT SOLUTIONS Bank and Service Charges Wastewater Accounting 1020699 193 BOYER TRUCKS Equipment Parts Fleet Operating 262923 190 INDOFF INCORPORATED Office Supplies Customer Service 262730 189 AAA LAMBERTS LANDSCAPE PRODUCTS INC Landscape Materials/Supp Flying Cloud Fields 262746 185 BRASS FOUNDERY Liquor Product Received Prairie View Liquor Store 1020684 181 HESSEL,ZACK Clothing&Uniforms Police 1020746 177 KAPAUN,RYAN Travel Expense Police 262948 175 OFFICE OF MN IT SERVICES Other Contracted Services Police 262858 174 ALEX AIR APPARATUS INC Equipment Repair&Maint Emergency Preparedness 262807 172 MASTER CRAFT LABELS INC Operating Supplies Safety Camp 262964 167 SMA EXTERIORS&RESTORATAIONS INC Building Surcharge General Fund 262831 165 SMITH COFFEE&CAFE Refunds Stormwater Non-Capital 262738 164 ALTEC INDUSTRIES INC Operating Supplies Tree Disease 1020676 158 CARLON,JOHN Mileage&Parking Utility Operations-General 262901 158 DOMACE VINO Liquor Product Received Den Road Liquor Store 1020681 154 FASTENAL COMPANY Safety Supplies Park Maintenance 262769 150 E A SWEEN COMPANY Merchandise for Resale Concessions 262924 149 J H LARSON COMPANY Operating Supplies Park Maintenance 262889 139 COMCAST Internet IT Operating 1020755 137 STEWART SHAY Mileage&Parking Park Facilities 262733 135 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 262821 135 POLLARD WATER Small Tools Water Metering 262811 135 MINVALCO INC Supplies-HVAC City Center-CAM 262766 134 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 262775 132 ENKI BREWING COMPANY INC Liquor Product Received Den Road Liquor Store 1020680 132 DUNGAN,TRACY Merchandise for Resale Concessions 262845 130 UNIVERSAL ATHLETIC SERVICES INC Operating Supplies Park Maintenance 262789 126 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 262874 125 CAMPION,BARROW&ASSOCIATES Employment Support Test Fire 262727 121 TERRY JUDITH Deposits Escrow 262742 121 BERGLUND STEVEN Deposits Escrow 262850 121 WILSON THOMAS Deposits Escrow 262732 120 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 262982 120 VERIZON WIRELESS Telephone E-911 Program 1020770 118 GRAINGER Repair&Maint.Supplies Park Maintenance 262881 116 COMCAST Cable TV Fire 1020737 114 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Fire Station#2 1020683 113 GROVES,TODD Tuition Reimbursement/School DWI Forfeiture 1020764 113 BOYER TRUCKS Equipment Parts Fleet Operating 262886 112 COMCAST Cable TV Fire 262844 108 UNITED WAY Charitable Contributions Health and Benefits 262783 100 GUSTAVSON ROGER Rebates Water Conservation 262796 99 KANKORD JOHN P&R Refunds Community Center Admin 262854 99 AAA LAMBERTS LANDSCAPE PRODUCTS INC Landscape Materials/Supp Flying Cloud Fields 1020752 92 SCHLOSSER JANELLE Mileage&Parking Workers Comp Insurance 262869 92 BRASS FOUNDERY Liquor Product Received Prairie Village Liquor Store 262846 92 URBAN GROWLER BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 262890 86 COMCAST Internet IT Operating 262729 86 A TO Z RENTAL CENTER Operating Supplies-Station sup Fire Check# Amount Supplier/Explanation Account Description Business Unit Comments 6747 85 SAGE PAYMENT SOLUTIONS Bank and Service Charges Historical Culture 262885 81 COMCAST Equipment Repair&Maint E-911 Program 262836 81 STEVE LUCAS PHOTOGRAPHY Canine Supplies Police 262827 76 ROEHL CHRISTOPHER Mileage&Parking Engineering 262985 76 WAYTEK INC Equipment Parts Fleet Operating 262893 75 CONFLICT RESOLUTION CENTER Other Contracted Services Police 1020711 73 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance 1020679 71 CREAMER,LORI Travel Expense Planning 262773 70 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits 1020674 66 BERRY COFFEE COMPANY Merchandise for Resale Concessions 262941 66 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 262728 64 440400-NCPERS MINNESOTA PERA Health and Benefits 262763 63 CUB FOODS EDEN PRAIRIE Training Supplies Police 1020775 63 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 1020673 60 BALLANTINE,NOELLE Mileage&Parking Youth Programs Admin 262986 58 WELLS FARGO BANK,N A Other Contracted Services Police 1020682 55 GANDRUD,DAVID Operating Supplies-Dept Events Fire 262757 53 COMCAST Internet IT Operating 1020725 52 SHERWIN WILLIAMS CO Operating Supplies Park Maintenance 1020780 52 SHERWIN WILLIAMS CO Operating Supplies Park Maintenance 1020710 46 HD SUPPLY FACILITIES MAINTENANCE Supplies-Plumbing Facilities Staff 262817 46 OPHOVEN SAW SERVICE Equipment Repair&Maint Senior Center Programs 262912 45 GENERAL OFFICE PRODUCTS COMPANY Contract Svcs-General Bldg Fitness/Conference-Cmty Ctr 262887 45 COMCAST Cable TV Fire 262962 43 SAVITT JESSICA AR Utility Water Enterprise Fund 1020678 43 CLAREY'S SAFETY EQUIPMENT Safety Supplies Fleet Operating 6750 42 SQUARE Bank and Service Charges Community Center Admin 262771 35 EDEN PRAIRIE CHAMBER OF COMMERCE Miscellaneous Economic Development 262804 32 MAHER KATHLEEN AR Utility Water Enterprise Fund 262856 30 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 262957 30 REGENTS OF THE UNIVERSITY OF MINNESOTA Other Contracted Services Animal Control 1020781 28 SPRINT Cell/Pager Plans IT Operating 262879 27 COMCAST Other Contracted Services Police 262880 27 COMCAST Cable TV Fire 262938 27 MCINTOSH CARON AR Utility Water Enterprise Fund 1020740 25 BOHNSACK,SUE Mileage&Parking Senior Center Admin 262954 24 PRAIRIE LAWN AND GARDEN Equipment Parts Fleet Operating 262772 21 EDEN PRAIRIE CRIME PREVENTION FUND Charitable Contributions Health and Benefits 262791 20 IPMA-HR MINNESOTA Dues&Subscriptions Organizational Services 262942 19 MINNESOTA TROPHIES&GIFTS Operating Supplies Park Maintenance 262882 16 COMCAST Cable TV Fire 262884 16 COMCAST Cable TV Fire 262899 13 DIRIE JIBRIL P&R Refunds Community Center Admin 1020741 11 BUSINESS ESSENTIALS Office Supplies Utility Operations-General 262940 11 MILLIGAN JEFF AR Utility Water Enterprise Fund 262810 10 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Creek Woods 262860 10 ANDERSON AMBER Mileage&Parking Pool Operations 262785 9 HANSEN JIM AR Utility Water Enterprise Fund 262911 9 GARAD FATHIA P&R Refunds Community Center Admin 262984 9 WANG ETHAN P&R Refunds Community Center Admin Check# Amount Supplier/Explanation Account Description Business Unit Comments 262928 7 KEOGH KATHLEEN Mileage&Parking Pool Operations 262888 7 COMCAST Cable TV Fire 262865 7 BAUER PAUL AR Utility Water Enterprise Fund 262945 4 MOHAMED FARTUN P&R Refunds Community Center Admin 2,515,200 Grand Total CITY COUNCIL AGENDA DATE SECTION: Report of the Parks &Recreation Director September 18, 2018 DEPARTMENT/DIVISION ITEM DESCRIPTION ITEM NO. Jay Lotthammer, Director Staring Lake Park Building Concept Plan/ XIV.D.1. Parks and Recreation Professional Services Agreement Requested Action Move to: Authorize Entering into a Professional Services Agreement with DSO Architecture for Staring Lake Park Building Design Plans and Specifications Synopsis Prior to the consideration of the Professional Services Agreement, a brief presentation of the concept plan for the Staring Lake Park building will be presented. Background The Staring Lake Park building was originally constructed in 1983. The building and overhanging picnic shelter have been used extensively by residents for picnics,parties, meetings and as a warming facility for sledding and skating. The addition of the pickleball courts and popularity of 5k runs will also add to the uses of the building. Over the years, modifications have been made to make the building more accessible; however, full compliance has not been achieved due to interior size constraints. Potential Timeline: Sept. 2018—Presentation to Parks Commission Sept. 2018—Presentation &Architect Contract to City Council Sept. —Dec. 2018 —Finalize Construction Documents Jan. /Feb. 2019—Bid Project April 2019—Begin Construction Nov. 2019—Occupancy Funding for the project has been budgeted in the Capital Improvement Program. Staff will be seeking grant funding from the Hennepin Youth Sports Grant Program to help with costs. Attachment Professional Services Agreement 2017 06 01 Agreement for Professional Services This Agreement("Agreement") is made on the 18th day of September, 2018,between the City of Eden Prairie,Minnesota(hereinafter"City"),whose business address is 8080 Mitchell Road,Eden Prairie, MN 55344, and DSO Architecture ("Consultant"), a Minnesota corporation(hereinafter "Consultant") whose business address is 15703 Boulder Creek Drive, Minnetonka, MN 55345. 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 Design Services for the Staring Lake Park Building 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 (Architectural Design Services) in connection with the Work. Exhibit A is intended to be the scope of service for the work of the Consultant. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Term. The term of this Agreement shall be from September 18, 2018 through December 31, 2019 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$40,800.00 for the services as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. Version 2017 06 01 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. Page 2 of 10 2017 06 01 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. 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 Dan O'Brien as the Project Manager. The Project Manager 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 Project Manager 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. 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. 9. 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 Page 3 of 10 2017 06 01 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. 10. 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. 11. 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 $1,000,000 property damage and bodily Liability 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.) Page 4 of 10 2017 06 01 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 including products and completed operations. g. All policies, except the Professional Liability Policy, shall apply on a "per project" basis. h. All General Liability policies, Automobile Liability policies and Umbrella policies 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. The Professional Liability policy shall insure the defense and indemnity obligations assumed by Consultant under this Agreement except with respect to the liability for loss or damage resulting from the negligence or fault of anyone other than the Consultant or others for whom the Consultant is legally liable. 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. Page 5 of 10 2017 06 01 1. It shall be Consultant's responsibility to pay any retention or deductible for the coverages required herein. m. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty(30) days' prior notice to the City, except that if the cancellation or non- renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten(10) days' prior notice to the City. 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. Page 6 of 10 2017 06 01 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. 12. 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. 13. 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. 14. 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. Page 7of10 2017 06 01 GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 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. 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. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. 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. 20. 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. 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. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City's public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. 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. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. Page 8 of 10 2017 06 01 24. 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. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized,reputable overnight courier,properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit,that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A 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. 26. 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. 27. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 28. 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. 29. Statutory Provisions. a. Audit Disclosure. 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. b. Data Practices. Any reports, information, or data in any form 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. This Agreement is subject to the Minnesota Government Data Page 9 of 10 2017 06 01 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. 30. 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. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager CONSULTANT By: Its: Page 10 of 10 2017 06 01 August 30, 2018 (revised) Mr. Jay Lotthammer City of Eden Prairie • Parks and Recreation Director 8080 Mitchell Road 15703 Boulder Creek Drive Eden Prairie, MN 55344 Minnetonka,MN 55345 (612)242-0593 Dear Jay: ob@cosarch.com I'm pleased to submit this proposal to complete design services for the park building at Staring Lake based on the schematic design developed under a separate contract. Services will include, preparation of construction documents, bidding, negotiations and construction administration. I've included structural engineering services by Duffy Engineering and Associates, Inc. and mechanical and electrical engineering by M&E Engineering, Inc. as well as coordination of work by HTPO. Work performed by i-ITP° will be done under separate contract directly with the City. Services: * Construction Documents o Building code analysis o Floor plan o Roof plan o Exterior elevations o Building sections o Wall sections o Building components (wall types, doors and windows) o Construction details o Interior elevations o Reflected ceiling plan o Alternate picnic shelter o Structural notes and specifications o Foundation plan o Roof framing plan o Structural details o Plumbing plan o HVAC plan o Mechanical details o Fire sprinkler schematic plan (design by sprinkler contractor) o Power plan Page 1 of 3 a Lighting plan o Electrical details o Project manual & specifications o Coordinate work of HTPO • Bidding and negotiations o Prepare advertisement for bid o Prepare invitation to bid o Print and distribute drawings and specifications o Pre-bid meeting o Approval of substitutions o Prepare addenda as needed o Bid opening o Bid tabulation and summary o Review construction contract prepared by others Exclusions: • Surveying& Civil Engineering(by HTPO) • Geotechnical services(soil testing) • Furnishings • Security system • Special inspections • Leed certification • Construction Administration O Pre-construction meeting o Weekly construction meetings o Review shop drawings and submittals o Interior and exterior color selections O Coordinate security system by Owner o Troubleshoot issues o Review and approve pay requests a Punch list o Certificate of substantial completion Note: Construction Administration Services shall be provided under a separate contract when the construction commences. Page 2 of 3 Fees: Construction Documents: Architecture $22,500.00 Structural Engineering $5,000,00 Mechanical &Electrical Engineering $11,800.00 Subtotal: $39,300,00 Bidding and negotiation: $1,500,00 Total Basic Services: $40,800.00 (approximately 4,9% if estimated construction cost) Plus, customary reimbursable expenses(printing and document delivery charges) Terms: Services will be billed monthly on the first of the month for percentage work completed, net 30 days Sincerely, Daniel S. O'Brien President DSO Architecture, Inc, Page 3 of 3 Staring Lake Improvements Cost Estimate Worksheet 8/27/2018 Base Excessive Automatic Fire Estimated Notes: Building OVerhang Protection Cost Source Description Cost per s.f. 3,238 s.f. 1,303 s.f. @ 33% 4,541 s.f. @$4 Base Building Buildinglournal.com Day Care Center(high index) 150.08 485,959 64,533 18,164 568,656 — Buiidingiournaicom Church(high index) 155.81 504,513 66,997 18,164 589,674 BuildingJournaicom Community Center(high index) 159.64 516,914 68,644 18,164 603,722 Conventional Recreational Dwellings, Means Cost Estimating Best Standard 163.95 530,876 70,498 18,164 619,537 'BuildingJournal.co3n Social Club(median index) 201.18 651,421 86,505 18,164 756,090 T Paul Ryan,RJ Marco Cost Per S.F.after plan review 251.13 813,163 incl. incl. B13,163 1 1 PPM Plan Take-off 374.81 1,213,635 incl. incl. 1,213,635 2 Notes: 1 Paul Nolan estimated$275-315 per square foot including site costs.I deducted$210,000 for site cost per HTPO estimate, excluding parking lot resurfacing from the higher estimate 2 Estimate includes a high design contingency(12%,$123,000)and construction cost escalator(5.71%,$65,000) Estimate includes 12%for general conditions.General conditions on the MOSS storage building were 3.3% Shelter Alternate Source Description Cost per s.f. 1418 s.f. Paul Ryan,RI Marco Cost Per S.F. after plan review 150.00 212,700 PPM Plan Take-off 108.12 153,313 CITY COUNCIL AGENDA DATE: SECTION: Report of Public Works Director September 18, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 17-5983 ITEM NO.: Mary Krause Approve Layout and Adopt Resolution XIV.E.1. Public Works/Engineering Approving Appraisal Values and Property Acquisition for the Duck Lake Road Improvements Requested Action Move to: Approve the Layout dated September 11, 2018 and adopt a resolution approving the appraisal values for the property acquisitions for the Duck Lake Road Improvements, City Project Number I.C. 17-5983 (the "Project") and authorizing the City Attorney and City Engineer to acquire the properties for the Project by direct negotiation or condemnation. Synopsis The Duck Lake Road Improvements are included in the City's Capital Improvement Plan and the City Council previously authorized a final design contract for the project. This action approves the design layout for the project and adopts a resolution approving the appraisal values for the properties to be acquired and authorizes the City Attorney and City Engineer to acquire the properties needed for the Project. Background Information A. Public Involvement Two public neighborhood meetings were held for the project. The purpose of the first neighborhood meeting was to obtain feedback from the public regarding the primary concerns with the existing roadway corridor and priorities for the proposed project. A concept layout plan was presented. The following is a summary of the feedback received at the first neighborhood meeting: • Need to improve pedestrian and bicycle facilities along Duck Lake Road. • Need to improve the roadway;the current condition is narrow, sloughing at Duck Lake. • Concern with the safety at Duck Lake(lack of pedestrian facilities,narrowness of road and no shoulders). • Can be challenging at times for turning movements at Prairie View Elementary School. • Concerns regarding Duck Lake water overtopping the road after significant rain events. • Concern with the amount of time it takes the western lobe of Duck Lake to recede after a storm event. 1 At the second neighborhood meeting a revised concept for the roadway and pedestrian facilities was presented similar to the current proposed layout. In general, the feedback received was supportive of the preferred roadway and pedestrian facility design. B. Proposed Layout The proposed layout for Duck Lake Road,which is available on the project webpage, includes the following significant components: • Reconstruction of the collector street from Duck Lake Trail to approximately Mallard Court to include concrete curb and gutter. • The addition of pedestrian facilities. This includes a bituminous trail on the west side of Duck Lake Road including through the lake area as well as a new concrete sidewalk on the east side of Duck Lake Road from the new pedestrian crossing of the railroad corridor to South Shore Lane. • Installing a new box culvert under Duck Lake Road for Duck Lake drainage. • Storm water management improvements. The proposed layout does increase the footprint of Duck Lake Road in the middle section of the roadway adjacent to Duck Lake to accommodate the new trail and to provide safe sideslopes. The addition of the sidewalk on the east side of Duck Lake Road on the southern section requires grading within the right of way to accommodate a boulevard and sidewalk. This increased footprint requires the acquisition of permanent and temporary easements from property owners adjacent to Duck Lake Road. In setting the alignment for Duck Lake Road an effort was made balance transportation and pedestrian safety while minimizing temporary and permanent environmental impacts. The construction of Duck Lake Road in the lake area will be constructed by placing an embankment over the existing organics using a surcharge method. This work is proposed to take place in the summer of 2019. This will entail placing material on either side of the existing road in multiple stages, adding approximately 2 feet of material in each stage. The final stage of surcharging will include the placement of the surcharge over the entire cross-section of the corridor, including the existing road. This surcharge will need to be in place for a minimum of 6 months. A temporary bituminous surface will be constructed to maintain traffic. Short term road closures of Duck Lake Road will be required during the placement of the surcharge material and the roadway will then be reopened. Timing of the placement of the surcharge will be such that disruptions for school buses and traffic will be minimized as much as possible, with the surcharge not being placed until after the school year has concluded. The final stage of surcharge will be in place for the 2019-2020 school year, while the roadway is open to traffic. Construction taking place in 2020 will include the removal of the surcharge, reconstruction of the roadway, installation of the storm water management and flood mitigation facilities as well as the trail and sidewalks. Closure of Duck Lake Road will be required for this work. A signed detour will be provided. Construction is anticipated to be completed such that Duck Lake Road will be open for the beginning of the school year in the fall of 2020. 2 Wetland mitigation will be provided off-site through the use of the Minnesota Local Government Road Wetland Replacement Program (LGRWRP). Wetland impacts in the Duck Lake Road area include 0.41 acres of impact; replacement will be made at 2:1 for a total replacement area of 0.82 acres. The plans will also include drainage improvements in the adjacent side and rear yard areas north of Padons Drive within existing drainage and utility easements of Lots 1-3, Block 1 of Padon Down's and Lots 1-3, Block 1 of Padon Down's Second Addition. The installation of these improvements will help relieve flooding issues after large rain events. These improvements will be constructed concurrently with the Duck Lake Road improvements. C. Project Cost The preliminary construction cost estimate of the Duck Lake Road Improvements is approximately $2 million. Final costs of the project in addition to construction costs will include engineering, geotechnical, acquisition of easements, construction management and interest. Primary funding for the project will be from Municipal State Aid funds. Additional funding will also be provided from the Storm Water Utility fund. D. Right-of-Way The City of Eden Prairie is authorized to acquire real property which is needed for public use or purposes. Minnesota State Statutes Chapter 117 requires an approved appraisal of value to be presented to property owners prior to acquisition of property by a governmental entity. The Project includes the acquisition of permanent easements,temporary easements,and other rights and interest by the City from various property owners. The City Attorney obtained market value appraisals for parcels. The proposed acquisition values are provided to the City Council separately as confidential or protected nonpublic data pursuant to Minn. Stat. § 13.44, subdv. 3(a). Parcel maps showing acquisitions area are available in the Engineering Division's office. Upon approval of the Resolution the City Attorney and City Engineer will present the market value appraisals to the property owners for the purposes of acquisition of permanent easements, temporary easements, and other rights and interest by the City by either direct negotiation or condemnation. E. Schedule Final design of the project is in progress and expected to be complete in early 2019. Construction on the project is anticipated to be initiated in the early summer of 2019 with the majority of the construction activities occurring in 2020. Attachments Resolution Parcel Map Layout Plan 3 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2018- RESOLUTION APPROVING THE APPRAISAL VALUES AND ACQUISITION OF PROPERTY RELATED TO THE DUCK LAKE ROAD IMPROVMENTS CITY PROJECT NO.: I.C. 17-5983 WHEREAS, the City of Eden Prairie (the "City"), is authorized to acquire real property which is needed for public use or purposes; and WHEREAS, the City intends to construct improvements along Duck Lake Road, City Project No.: I.C. 17-5983 (the"Project"); and WHEREAS, the construction of the Project will require the acquisition of land in fee, permanent easements,temporary construction easements, and other rights and interest by the City; and WHEREAS, the City Attorney retained an independent appraiser who provided appraisals stating the fair market value of the properties proposed to be acquired; and WHEREAS, the Project construction schedule contemplates that work will begin in the spring of 2019; and WHEREAS, it is necessary that the City have title and possession to the necessary property for the Project before construction contracts may be let. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: 1. The recitals set forth above are incorporated herein. 2. The City Attorney and City Engineer are authorized to make offers to acquire interests in real property for the Project for the appraised values. 3. The City Attorney and City Engineer are authorized and directed to take all steps necessary to acquire the properties for the Project by direct negotiation or condemnation and the use of the quick take procedure authorized under Minnesota Statutes Section 117.042 ADOPTED by the Eden Prairie City Council on September 18, 2018. Ron Case,Acting Mayor ATTEST: SEAL Kathleen Porta, City Clerk I 11 I __ I I L� �. II - �__y-'� TRAIL `�. _ DUCK LAKE -� I 1 I _ , I I I 1 1 ' 1 ----r 1 -- i I I o I I I 1 ,• I I ,H-4-1---_lo.-" , 1 ; I __� Y% I 1 / Ir 1• 1• IIr `♦ • 1 • 1 •, •I I I 1 0 1 \ I 1 1 1 1 I I I 1 1 _______H L .i.. ..i......... I I 1 , PANS DRIVE----� f`♦ / —_--'-� r- , \I. , I W 1 1 Q ' --� / ` %1 1.---'"" `\ I 1 1 —" 1 05-116-22-33-0035 I I I ` 1 m 1 1 I / I I'I ro1.---.-------.-.'H // : : , I-----------I I III DUCK LAKE ' 1 1I 1 I -- / , I):\ 1 1 I 1 ' �/ 1 05-116-22-33-0034 [......, 1 , 1 - i 1 / /‘. \ PETERBORG ROAD ' ' ' I 1 ; ITrit I ; I I --. 1 ' I I I I , I I I . ,_� I 1 11 1 ' j _'- --- -: ------r- LLJ-0811622220001 I i '� oISou1N S -T 1 1 1 ' .. I PRAIRIE VIEW I - I ' I ' 1 ' I, y- 1 ELEMENTARY SCHOOL 1 I , 1 I 1 - Y' -/ 1 1 0 1 1 I . I ,- Y H I , \ I ).-- --1 -- ---******c: 1 , 1 1 0 1 I / ; - 1 ! HHLlLTTT . I ;i —H ) .- ' ' PAVELKA DRIVE ' ' / ` '' - -"r�T ♦ r__T_ 1 I I � - I 1 ; 08-116-22-2I1-0040 -- L'-------- : . Z.\ \\.. .0.0),i ' .....„••••• 1 I • l'''- 1 1 1 1 I I -- oP) __ 1 1 1 1 ; I izp\V-R /- �G / : -/- - - N __ ! , I 1 I 1 I !' w i I - --J---�'- '' /- i 'IP DUCK LAKE ROAD PARCEL MAP '' DUCK LAKE ROAD RECONSTRUCTION EDEN DATE: 09/18/2018 PRAIRIE City of Eden Prairie Proj. 5983-17 I.IVF•WRRK•I:RFAM _ — — I ,_DRAINAGE EASEMENT SHOWN ON �I''/ PLAT OF PADON DOWN'S SECOND N r�"' I/ ADDITION(DOC.NO.297710) _^ I DRIVE s L=45.20--, PADONS I R=26.91 I \ „..,A NORTHO OT I \, I \ /1 S83°31'S4"W _ �, r _ _..... �86. Y T, N01°19'22.7.0 1. \).— - \ 0 Su 1T \\ \ liI I \ N 68°11'44"W<.1 _ ,'s. 43.86 I -- �II SCALE IN FEET I / / N 52°34'21"W-'---- I II / 26.71 / 3I31 / 33 / I 66U oo N42°10'11"26.56WZ---'1 i I J yN 'p°'� / 1 \ PROPOSED PERMANENT �3 ap I ./ / EASEMENT CONTAINING t,oz Wo N11°28'30"WZ-- I / / 11621 SQ.FT. w p 22.41 68oa< I te. 3 oF= I I / nsa no 1 1 / 0 ` a / aIcd 01 ill °z I mRw / PD NO.OS-11.3300. M w I n s pZ / Y Z U O w 1 kJ I I / 0 0o a l m i i wN � ia / 4 3 I � aI / hb O trl pad / I I Z W M N p Z I pot I / oapa / _,ogo - .44w / —\ 3zm / w0 N JS ¢M)rp ZqW O I 7,1 sorz '41 ���� SURVEYOR'S CERTIFICATION o o e w W I hereby certify that this survey,plan,or report was prepared Z 14 i g I by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. /`/ gg I d6(.. '1 06/15/2018 coin 1 Eric R.Wilfahrt Date •`• N 89°44'54"E__ WO 1 License Number 66 - 18.00`\ j 33I w I �, \\ / I REVISED:EASEMENT PURPOSE(DESCRIPTION) 6/27/2018 \ / T 1 REVISED:EXISTING EASEMENT DOC.NO.297710& 6/30/2018 �SOUTH LINE OF OUTLOT 1 I I APPROX.ORDINARY HIGH WATER LEVEL(GRAPHIC) I I REVISED:PID NO.(GRAPHIC) 7/9/2018 I I I ... I I I PROPOSED PERMANENT EASEMENT DESCRIPTION A perpetual easement for roadway,drainage and utility purposes over,under and across that part of OUTLOT 1,PADON DOWNS SECOND ADDITION,according to the plat thereof,Hennepin County,Minnesota,described as follows: Commencing at the southeast corner of said OUTLOT 1;thence on an assumed bearing of South 89 degrees 44 minutes 54 seconds West along the south line of said OUTLOT 1,a distance of 18.00 feet;thence North 00 degrees 15 minutes 06 seconds West,a distance of 216.20 feet;thence North 18 degrees 35 minutes 55 seconds East,a distance of 24.76 feet; thence North 01 degree 36 minutes 11 seconds West,a distance of 165.88 feet;thence North 11 degrees 28 minutes 30 seconds West,a distance of 22.41 feet;thence North 42 degrees 10 minutes 11 seconds West,a distance of 26.56 feet; thence North 52 degrees 34 minutes 21 seconds West,a distance of 26.71 feet;thence North 68 degrees 11 minutes 44 seconds West,a distance of 43.86 feet;thence North 01 degree 19 minutes 02 seconds West,a distance of 22.10 feet to the North line of said OUTLOT 1;thence North 83 degrees 31 minutes 54 seconds West along said north line,a distance of 186.47 feet;thence southeasterly 45.20 feet along a tangential curve and said north line of OUTLOT 1,concave to the southwest,having a radius of 26.91 feet,and a central angel 96 degrees 13 minutes 00 seconds;thence South 00 degrees 15 minutes 06 seconds East along the east line of said OUTLOT 1,a distance of 482.80 feet to the point of BEARINGS ARE IN TERMS OF HENNEPIN beginning. COUNTY COORDINATE SYSTEM(NAD83, 1986 ADJ.) EASEMENT EXHIBIT PART OFOUTLOT1 17301 PADONS DRIVE,EDEN PRAIRIE,MN PADON DOWNS SECOND ADDITION ® BOLTON HENNEPIN COUNTY,MINNESOTA 12224 NICOLLET AVENUE ©Bolton&Menk,Inc.2018,All Rights Reserved & M E N K BURNSVILLE,(9MINNESOTA 55337 52)890-0509 FOR: CITY OF EDEN PRAIRIE H:\EDPR\T16113925\CAD\C3D\113925_EA1A-R1.dwg 7/9/2018 1:07 PM JOB NUMBER:T16.113925 FIELD BOOK: DRAWN BY:ARK — I I z-DRAINAGE EASEMENT SHOWN ON ,I- ' PLAT OF PADON DOWN'S SECOND \ --- r ADDITION(DOC. NO.297710) I A DRIVE n L=as.zo-- PADONS I R=z6.91 r ,.._ NORTH UNE OF�� OUTLOT 1 583°31'S4'W 156.47—r� `/ N O1'19'02"W- _ 22.10 11 7��\ \ 0 5U , / Ilk 'I —�— N68°11'44"W<) \-,. 43.86 j � _ SCALE IN FEET i i N 52'34'21"W -_ I` 26.71 \\ .. II � zoom/, N42'10'11"W2__-Th $o m m N 'o PROPOSED PERMANENT z a �� -- EASEMENT CONTAINING wozz/ N11°28'30'W�� I - 11621 SQ.FT. Lzc..w q a o ESS22.41 R.sP //r 3 IF M pZ I w i z / rFo' rirO W I mw�mN op/ / , if? zo A, / �owo / I t • md = / ot Z om / Ir[ o~ / , Nw / .. • 1..._'. L a z Lm / I /f 3 w� 5riU _ ' _ n o - zo A' ,yt Fs' o y aILA O Op I SURVEYOR'S CERTIFI� o '01 I hereby certify that this sure or r was prepared z a i z I by me or under my direc� ion and I am a duly z vo Licensed Land Surveyor�de he laws of tate of Minnesota. I zo I o 15/2018 o o l Eric R. t Date N 89°44'S4"E__ �/ Licens r 46166 \ 15.00'"--i- i s, ' I „� / :EASEMENT PURPOSE(DESCRIPT 6/27/2018 ♦_ ISED:EXISTING EASEMENT DOC.NO. 10 8: 6/30/2018 �( APPROX.ORDINARY HIGH WAT VEL(GRAPHIC) - ",1SOUTHLINEOFOUTLOTjj1 I REVISED:PID NO.(GRAPHIC) 7/9/2018 PROPOSED PERMANENT EASEMENT DESCRIPTION A perpetual easement for roadway,drainage and utility purposes over,under and across that part of OUTLOT 1,PADON DOWNS SECOND ADDITION,according to the plat thereof,Hennepin County,Minnesota,described as follows: Commencing at the southeast corner of said OUTLOT 1;thence on an assumed bearing of South 89 degrees 44 minutes 54 seconds West along the south line of said OUTLOT 1,a distance of 18.00 feet;thence North 00 degrees 15 minutes 06 seconds West,a distance of 216.20 feet;thence North 18 degrees 35 minutes 55 seconds East,a distance of 24.76 feet; thence North 01 degree 36 minutes 11 seconds West,a distance of 165.88 feet;thence North 11 degrees 28 minutes 30 seconds West,a distance of 22.41 feet;thence North 42 degrees 10 minutes 11 seconds West,a distance of 26.56 feet; thence North 52 degrees 34 minutes 21 seconds West,a distance of 26.71 feet;thence North 68 degrees 11 minutes 44 seconds West,a distance of 43.86 feet;thence North 01 degree 19 minutes 02 seconds West,a distance of 22.10 feet to the North line of said OUTLOT 1;thence North 83 degrees 31 minutes 54 seconds West along said north line,a distance of 186.47 feet;thence southeasterly 45.20 feet along a tangential curve and said north line of OUTLOT 1,concave to the southwest,having a radius of 26.91 feet,and a central angel 96 degrees 13 minutes 00 seconds;thence South 00 degrees 15 minutes 06 seconds East along the east line of said OUTLOT 1,a distance of 482.80 feet to the point of BEARINGS ARE IN TERMS OF HENNEPIN beginning. COUNTY COORDINATE SYSTEM(NAD83, 1986 ADJ.) EASEMENT EXHIBIT PART OFOUTLOT1 17301 PADONS DRIVE,EDEN PRAIRIE,MN PADON DOWNS SECOND ADDITION ® BOLTON HENNEPIN COUNTY,MINNESOTA 12224 NICOLLET AVENUE ©Bolton&Menk,Inc.2018,All Rights Reserved & M E N K BURNSVI(9 A 55337 52)890-0509 FOR: CITY OF EDEN PRAIRIE H:\EDPR\T16113925\CAD\C3D\113925_EA1A-R1.dwg 7/9/2018 1:05 PM JOB NUMBER:T16.113925 FIELD BOOK: DRAWN BY:ARK 1 I I 1 33 I 40 PROPOSED PERMANENT EASEMENT DESCRIPTION \ I A perpetual easement for roadway,drainage and utility purposes over,under and across that part Lot 10,Block 3,PADON N 89°44'54"E—�\—) k. I 16.00 " \ I o I .I DOWNS SECOND ADDITION,according to the plat thereof,Hennepin County,Minnesota,described as follows: L I Commencing at the southwest corner of said Lot 10;thence on an assumed bearing of South 89 degrees 01 minute 54 t. o I OF m z seconds West along the south line of said Lot 10,a distance of 76.35 feet to the point of beginning;thence North 47 • I z p< degrees 04 minutes 23 seconds East,a distance of 40.46 feet;thence North 10 degrees 41 minutes 25 seconds West,a \ —NORTH LINE OF LOT 10 w m N> distance of 77.79 feet;thence North 00 degrees 15 minutes 06 seconds West,a distance of 56.50 feet to the north line 7 I ce a to z M of said Lot 10;thence North 89 degrees 44 minutes 54 seconds East along said north line of Lot 10,a distance of 18.00 w w=D feet to the east line of said Lot 10;thence South 00 degrees 15 minutes 06 seconds East along said east line of Lot 10,a o z 0< distance of 140.00 feet;thence southwesterly 31.56 feet along a tangential curve and said south line of Lot 10,concave I Zr, ' z-3. to the northwest,having a radius of 20.25 feet,and a central angel 89 degrees 17 minutes 00 seconds;thence South 89 M z In a0 I degrees 01 minutes 54 seconds West along said south line of Lot 10,a distance of 13.65 feet to the point of beginning. o L O y 0 z Q I WN=Z V 1 m Z 0 8. CCI , ... „ I w3,_.mm W roco 1 Ts WN r O 1 4rn o WMao L 0 i /0 7-1 11 •,, V cz ark m 0 w o PID NO.05-116-22-33-0034 3 1 a p p m N1 w �•1 3zw 01 oIIUa I Villif "� z, J O O Y N W§ H 1 LK> U 1 3Z m 0 30 i.o ab/ 9 tz9 U SCALE IN FEET °i/ 7 =Moo I SURVEYOR'S CERTIFICATION o�ti// s. m „) >^E LJ I hereby certify that this survey,plan,or report was prepared —SOUTH LINE OF LOT 10 a°^/ , --J z 0)w N I by me or under my direct supervision and that I am a duly /i= _—— // 5 5 Lu=a Licensed Land Surveyor under the laws of the State of tio• Minnesota. — — S 69°01'S4"W 76.35 -,..56 P� O w m 589°01'54"W" 0 N H H 13.65 z ce W 7 E 06/15/2018 0 o:o: I Eric R.Wilfahrt Date V 0 o o License Number 4 6 PETERBORG ROAD ��00 X U Z REVISED:EASEMENT PURPOSE(DESCRIPTION) 6/27/2018 0 Ce di E REVISED:ADDRESS&APPROX.ORDINARY HIGH WATER LEVEL(GRAPHIC) 6/30/2018 0-I-0 o REVISED:PID NO.(GRAPHIC) 7/9/2018 aaZz a z"m EASEMENT EXHIBIT PART OF LOT IO,BLOCK3 17200 PETERBORG ROAD,EDEN PRAIRIE,MN PADONDOWNSSECONDADDITION HENNEPIN COUNTY,MINNESOTA [Ii BEARINGS ARE IN TERMS OF HENNEPIN BO LTO N BURNSVILLE,12224 MINNESOTA 55337 PROPOSEDCOLLET AVENUE AN PERMANENT & M E N K EASEMENT CONTAINING COUNTY COORDINATE SYSTEM(NAD83, (952)890-0509 FOR: CITY OF EDEN PRAIRIE ©Bolton&Menk,Inc.2018,All Rights Reserved 2277 5Q.FT. 1986 ADJ.) H:\EDPR\T16113925\CAD\C3D\113925_EA1_R1.dwg 7/9/2018 12:59 PM JOB NUMBER:T16.113925 FIELD BOOK:N/A DRAWN BY:ARK I • - I 33 40 PROPOSED PERMANENT EASEMENT DESCRIPTION \ A perpetual easement for roadway,drainage and utility purposes over,under and across that part Lot 10,Block 3,PADON N 89°44'54"E 18.00 r I o �1 DOWNS SECOND ADDITION,according to the plat thereof,Hennepin County,Minnesota,described as follows: — WI Commencing at the southwest corner of said Lot 10;thence on an assumed bearing of South 89 degrees 01 minute 54 \ • 0 1-M z seconds West along the south line of said Lot 10,a distance of 76.35 feet to the point of beginning;thence North 47 •• z o a degrees 04 minutes 23 seconds East,a distance of 40.46 feet;thence North 10 degrees 41 minutes 25 seconds West,a —NORTH LINE OF LOT t o M N j distance of 77.79 feet;thence North 00 degrees 15 minutes 06 seconds West,a distance of 56.50 feet to the north line z a ro, _m of said Lot 10;thence North 89 degrees 44 minutes 54 seconds East along said north line of Lot 10,a distance of 18.00 w =D feet to the east line of said Lot 10;thence South 00 degrees 15 minutes 06 seconds East along said east line of Lot 10,a 3 w o z o distance of 140.00 feet;thence southwesterly 31.56 feet along a tangential curve and said south line of Lot 10,concave z 3 ro to the northwest,having a radius of 20.25 feet,and a central angel 89 degrees 17 minutes 00 seconds;thence South 89 '-- z N ro I degrees 01 minutes 54 seconds West along said south line of Lot 10,a distance of 13.65 feet to the point of beginning. 1 O Y> Q Q N=Z 0 cn,,. .•, m z o 0 w ',"„„, .. .. wmm 1 e LJ_I I o-w N 1 Z E 0 I 1 Iw Q mz Z 1 Z Z 1 J ono Z T1 Y hoop ark �1 U mcewo PID NO.05-116-22-33-0034 3 1 a p p m ^1 w w 1 3z� a yF p H o Q z11 1'` OOY I 1 �gle1 I 1 H . 1 0 U 4 Z 11 3Z>m 0 30 • IL • 0// x 1 N U O LE IN FEET a�/ - =M o I SURVEYOR'S CERTIFIC 0 _ 4,/ q v'i 6 I hereby certify that this surve r report was prepared SOUTH LINE OF LOT 10 �a1// o z rn o N by me or under my direct n and that am a duly '— — — // • tiy�, I o =a Licensed Land Surveyor r e laws of the State of /_ do o' _I Minnesota. r S 89'01'54"W 76.35 <,* t=31.56�� O"a N 5 89'01'54°W' 0 I-I- 13.65 z v W • • p46166 06/1$/2018 IEric R. Date o o License ouz I � PETERBORG ROAD -,� .r X—,Ov z ..EASEMENT PURPOSE(DESCRIPTION) 6/27/2018 t O E,w w t_�•ED:ADDRESS&APPROX.ORDINARY HIGH WATER LEVEL(GRAPHIC) 6/30/2018 y Ld a eK a~o z �c R ISED:PID NO.(GRAPHIC) 7/9/2018 aZ�D I EASEMENT EXHIBIT PART OF LOT 10,BLOCK3 11--1]' . .. 17200 PETERBORG ROAD,EDEN PRAIRIE,MN PADON DOWNS SECOND ADDITION HENNEPIN COUNTY,MINNESOTA L BEARINGS ARE IN TERMS OF HENNEPIN BOLTON BURNSVILLE12224 I MINNES TA 55337 COLLET AVENUE EAOPOENT CERMANENT & MENK EASEMENT CONTAINING COUNTY COORDINATE SYSTEM(NAD83, (952)890-0509FOR: CITY OF EDEN PRAIRIE !lit. olton&Menk,Inc.2018,All Rights Reserved 2277 SQ.FT. 1986 ADJ.) H:\EDPR\T16113925\CAD\C3D\113925_EA1_R1.dwg 7/9/2018 12:59 PM JOB NUMBER:T16.113925 FIELD BOOK:N/A DRAWN BY:ARK PROPOSED EASEMENT DESCRIPTIONS I . A perpetual easement for drainage and utility purposes over,under and across that part of the Northwest NORTHWEST CORNER OF OF THE Quarter of the Northwest Quarter of Section 8,Township 116,Range 22,Hennepin County,Minnesota,described I THE NW 1/4THE NW 1/4 OF as follows: I SEC. 08 TWP. 116, RGE. 22 m Commencing at the northwest corner of said Northwest Quarter of the Northwest Quarter;thence on - -- - assumed bearing of South 89 degrees 00 minutes 36 seconds West along the north line of said Northwest ,.,__-,, °. - , .. ,� , ,•, - , , , _- ,_, NORTH LINE OF -- Ill Quarter of the Northwest Quarter,a distance of 1283.52 feet to the westerly right of way line of Duck Lake ,I' NW 1/4 OF `�• Road;thence South 00 degrees 38 minutes 57 seconds East along said westerly right of way,a distance of QS° THE NW 1/4 '^ 50 OD 109.50 feet to the point of beginning of the easement to be described;thence South 73 degrees 52 minutes PID NO.08-116-22-22-0001 Ste, 2, co O 19 seconds West,a distance of 46.69 feet;thence South 01 degree 15 minutes 33 seconds West,a distance QO S .t, " SOj° 4. o of 20.13 feet;thence South 75 degrees 19 minutes 48 seconds East,a distance of 23.43 feet;thence South .- SOUTH LINE OF NORTH 17.50 AC. �, ,l0,,, Q.. 8��! S 1S, ,2S m70 32 degrees 04 minutes 11 seconds East,a distance of 11.94 feet;thence South 04 degrees 25 minutes 21 7 OF NW 1/4 OF NW 1/4 O ' F '9 �� 'S, .y 2' z /. seconds West,a distance of 39.92 feet;thence South 45 degrees 21 minutes 19 seconds West,a distance of / s�'2, .co \\JI`P�, �1\ "9, 20S'!y m6, ' o U/ degrees 01 minute 04 seconds East,a di18.23 feet;thence South 03 degrees 38 stance of 12 43 feet; hence South 06 degrees 32inutes 08 seconds East,a distance of 11.11 •thence minutes 54 South 34 �/ (POINT OF BEGINNING) `''N 2S9' @\\\�,l i; 1il\`S32o2`?y�F�'T3 \p 66 \ 1 W70 seconds West,a distance of 25.47 feet to a point hereinafter referred to as Point"A";thence South 66 v N00.,---- Cs C, \\ i1 I .' x 1 ^' 0 degrees 23 minutes 15 seconds East,a distance of 32.10 feet to said westerlyright of wayline;thence North �o, g Si ``�" \\\k it\k I 11 ',?j v' o "' D g g kV, \ �` 1 \I \I 1 1'9 F \ to'"' 00 degrees 38 minutes 57 seconds West along said westerly right of way line,a distance of 161.32 feet to �p 20'00 1,'1 it \ 1 \I \ i 9 \ \� ri j I o m the point of beginning. tea, S89°21'p3�•w _ /ti-� II v\ 1 v'I� / I AND 19.26 c' 1 �,-39.92-\ y i A P N 00°38'S7"W 302.16 �� i1 SOT°H.TFTW - i 1 50 Together with a temporary easement for construction purposes over,under and across that part of said 1\ \ Northwest Quarter of the Northwest Quarter,described as follows: \\ �\�\ \�1\\ \\\`il\ll\ __ _ �\ _ - - _ N 00°38'S7"W 161.32 vI>,, i Beginning at the point of beginning of the above described perpetual easement;thence South 73 degrees S 00°38'57"E 308.91 i~� I S66° 5 73°52'19"W�� <� \ 500°38'57"E 52 minutes 19 seconds West,a distance of 15.56 feet to the intersection with a line lying 15.00 feet iIi ' WESTERLY RIGHT OF WAY LINE 32.1 2315•• 15.56 S 00°38'S7"E \\ w 109.50 westerly of and parallel with the westerly right of way line of Duck Lake Road;thence North 00 degrees 38 OF DUCK LAKE ROAD 0 F 9.92 \ minutes 57 Seconds West along said parallel line,a distance of 14.15 feet;thence North 89 degrees 21 / 1 minutes 03 seconds East,a distance of 15.00 feet to the said westerly right of way line;thence South 00 EAST LINE OF -'' POINT OF BEGINNING -J degrees 38 minutes 57 seconds East along said westerly right of way line,a distance of 9.92 feet to the point DUCK LAKE ROAD NW 1/4 OF o of beginning. (1../ THE NW 1/4 AND - - - - - - - - - - - - - - Together with a temporary easement for construction purposes over,under and across that part of said Northwest Quarter of the Northwest Quarter,described as follows: Beginning at the aforementioned Point"A";thence South 66 degrees 23 minutes 15 seconds East,a distance of 32.10 feet to the westerly right of way line of Duck Lake Road;thence South 00 degrees 38 minutes 57 seconds East along said westerly right of way line,a distance of 308.91 feet to the south line of i the North 17.50 acres of said Northwest Quarter of the Northwest Quarter;thence South 89 degrees 00 minutes 36 seconds West along said south line,a distance of 10.00 feet to the intersection with a line lying 10.00 feet westerly of and parallel with said westerly right of way line;thence North 00 degrees 38 minutes 57 seconds West along said parallel line,a distance of 302.16 feet;thence South 89 degrees 21 minutes 03 seconds West,a distance of 19.26 feet;thence North 00 degrees 38 minutes 57 seconds West,a distance of 20.00 feet to the point of beginning. -®- Said temporary easements shall expire on SURVEYOR'S CERTIFICATION IN L � I hereby certify that this survey,plan,or report was prepared 0 60 by me or under my direct supervision and that I am a duly PROPOSED PERMANENT PROPOSED TEMPORARY Licensed Land Surveyor under the laws of the State of EASEMENT CONTAINING EASEMENT CONTAINING Minnesota. 4256 SQ.FT. 3595 SQ.FT. SCALE IN FEET 4, 06/15/2018 Eric R.Wilfahrt Date License Number 4fj 6 EASEMENT EXHIBIT 17255 PETERBORG ROAD,EDEN PRAIRIE,MN PART OF THE NW 1/4 OF THE REVISED:ADDRESS 6/27/2018 NW 1/4 OF SEC.8 TWN.116 RGE.22 REVISED:EASEMENTS 8/30/2018 BO LTO N 12224 NICOLLET AVENUE HENNEPIN COUNTY,MINNESOTA BEARINGS ARE IN TERMS OF HENNEPIN & M E N ICBURNSVILLE,MINNESOTA 55337 COUNTY COORDINATE SYSTEM(NAD83, (952)890-0509 FOR: CITY OF EDEN PRAIRIE 1986 ADJ.) ©Bolton&Menk,Inc.2018,All Rights Reserved H:\EDPR\T16113925\CAD\C3D\113925_EA1_R1_EDIT.dwg 8/30/2018 3:34 PM JOB NUMBER:T16.113925 FIELD BOOK:N/A DRAWN BY:ARK FILE NO.5263 58-T116-R22-22 .• 'rim • PROPOSED EASEMENT DESCRIPTIONS P.-- .1 A perpetual easement for drainage and utility purposes over,under and across that part of the Northwest ■.r- -"� `- -� . NORTHWEST CORNER OF OF THE -- Quarter of the Northwest Quarter of Section 8,Township 116,Range 22,Hennepin County,Minnesota,described p, I THE NW 1/4THE NW 1/4 OF €, I' SEC. 08 TWP. 116, RGE. 22 m as follows: „ k r J- Commencing at the northwest corner of said Northwest Quarter of the Northwest Quarter;thence on - - assumed bearing of South 89 degrees 00 minutes 36 seconds West along the north line of said Northwest - 4 .-• NORTH LINE Q -- ITS Quarter of the Northwest Quarter,a distance of 1283.52 feet to the westerly right of way line of Duck Lake - ^7- - ■ y,}f NW.1/4'@F; 73 Road;thence South 00 degrees 38 minutes 57 seconds East along said westerly right of way,a distance of +tom • f - 6 -_ ■ :•�:y' THFyftIW 1/4 w SO 109.50 feet to the point of beginning of the easement to be described;thence South 73 degrees 52 minutes •I10.08- r r. • _ Tjs, S 15 •?� o• 19 seconds West,a distance of 46.69 feet;thence South 01 degree 15 minutes 33 seconds West,a distance Tr�!� • I • 'So .7 '• O '' "'!! o O of 20.13 feet;thence South 75 degrees 19 minutes 48 seconds East,a distance of 23.43 feet;thence South - SOUTH LINE OF NORTH 17.50 AC. f f 09., 2.>' 8`.>'�! S jJS., �'TS m 32 degrees 04 minutes 11 seconds East,a distance of 11.94 feet;thence South 04 degrees 25 minutes 21 , OF NW 1/4 OF NW 1/4 Od,° ?•Q F BO ::; �S° �',,,,, s5 . seconds West,a distance of 39.92 feet;thence South 45 degrees 21 minutes 19 seconds West,a distance of ' j ram, 92, '� \\'1Z 8F II: '19. 20 2G n'jy 18.23 feet;thence South 03 degrees 38 minutes 08 seconds East,a distance of 11.11 feet;thence South 34 _ POINT `Sp„ �\'17 I�\,y 2�8-, <' -i m z degrees 01 minute 04 seconds East,a distance of 12.43 feet;thence South 06 degrees 32 minutes 54 ! (POINT OF BEGINNIN S II, p� q ii\�`y2° Q,9F,• p\ a3 W seconds West,a distance of 25.47 feet to a point hereinafter referred to as Point"A";thence South 66 r r _ .Rs7 -,-\ �:�\ iI! it �:J O°JJ _�� i I - ' degrees 23 minutes 15 seconds East,a distance of 32.10 feet to said westerly right of way line;thence North uo • - ..d0 W I " II\ II I I !I. '1.T9 cq _ "' N w "' 00 degrees 38 minutes 57 seconds West along said westerly right of way line,a distance of 161.32 feet to p - • .... 00 1\I: I \I I I ff ! NI /] o m m the point of beginning. �� , f,l'� 589, rp3^W 1 �I ����'"�\i ��� \V "'I• i ANDo iz 19.26 �� •4-_39.92�). \ i ii Together with a temporary easement for construction purposes over,under and across that part of said N 00°38'57'W 302.16 / - W `/� / III'---i o i 504° Northwest Quarter of the Northwest Quarter,described as follows: \I o o 1 �I �� N 00°38'S7"W 161.32 v-`'��, i Beginning at thepoint of beginning of the above described perpetual easement;thence South 73 degrees I VI 5 00°38'57"E 308.91 i-' �,� B g g g P P 8 • I S66° 573°52'19"W <, 500°38'57"E ' 52 minutes 19 seconds West,a distance of 15.56 feet to the intersection with a line lying 15.00 feet w ` WESTERLY RIGHT OF WAY LINE 3�.1 Z315'• 15.56 S 00°38'S7"E v� w 109.50 westerly of and parallel with the westerly right of way line of Duck Lake Road;thence North 00 degrees 38 OF DUCK LAKE ROAD F _ _ 9.92 ! minutes 57 Seconds West along said parallel line,a distance of 14.15 feet;thence North 89 degrees 21 / 1 minutes 03 seconds East,a distance of 15.00 feet to the said westerly right of way line;thence South 00 EAST LINE OF - POINT OF BEGINNING - degrees 38 minutes 57 seconds East along said westerly right of way line,a distance of 9.92 feet to the point u, DUCK LAKE ROAD NW 1/4 OF o of beginning. •THE NW 1/4 AND - - ' � - - - - - . • Together with a temporary easement for construction purposes over,under and across that part of said - Northwest Quarter of the Northwest Quarter,described as follows: Beginning at the aforementioned Point"A";thence South 66 degrees 23 minutes 15 seconds East,a • distance of 32.10 feet to the westerly right of way line of Duck Lake Road;thence South 00 degrees 38 minutes 57 seconds East along said westerly right of way line,a distance of 308.91 feet to the south line of I the North 17.50 acres of said Northwest Quarter of the Northwest Quarter;thence South 89 degrees 00 Illi minutes 36 seconds West along said south line,a distance of 10.00 feet to the intersection with a line lying 10.00 feet westerly of and parallel with said westerly right of way line;thence North 00 degrees 38 minutes 57 seconds West along said parallel line,a distance of 302.16 feet;thence South 89 degrees 21 minutes 03 seconds West,a distance of 19.26 feet;thence North 00 degrees 38 minutes 57 s onds West,a distance of 20.00 feet t seeenisthfbeginre o. +� ---- ®� Said temporary easements shall expire on 1 0 1- I I SURVEYOR'S CERTIFI N 1 1 I hereby certify that this sury la r report was prepared L____J 0 60 by me or under my direct on and that I am a duly PROPOSED PERMANENT PROPOSED TEMPORARY Licensed Land Surveyo t e laws of the State of EASEMENT CONTAINING EASEMENT CONTAINING Minnesota. t5(1,16 4256 SQ.FT. 3595 SQ.FT. SCALE IN FEET 06/15/2018 Eric R.Wwwi t Date Licens*,r46166 EASEMENT EXHIBIT 17255 PETERBORG ROAD,EDEN PRAIRIE,MN PART OF THE NW 1/4 OF THE ED: ADDRESS 6/27/2018 NW 1/4 OF SEC.8 TWN.116 RGE.22 �O EASEMENTS 8/30/2018 BO LTO N 12224 NICOLLET AVENUE HENNEPIN COUNTY,MINNESOTA BEARINGS ARE IN TERMS OF HENNEPIN & M E N K BURNSVILLE,MINNESOTA 55337 COUNTY COORDINATE SYSTEM(NAD83, LLE,MINNESOTA FOR: CITY OF EDEN PRAIRIE 1986 ADJ.) ©Bolton&Menk,Inc.2018,All Rights Reserved H:\EDPR\T16113925\CAD\C3D\113925_EA1_R1_EDIT.dwg 8/30/2018 3:34 PM JOB NUMBER:T16.113925 FIELD BOOK:N/A DRAWN BY:ARK FILE NO.5263 58-T116-R22-22 I 20 IS le I \ 66 I S _ I — _ m _ I-.--___, DRAINAGE&UTILITY EASEMENT PER PLAT o z ' -I- i i OF HERZOG ADDITION PgVELKq DRIVE I I \ I ITI 3� ___J5 ' 1____, zx L �\ S84°23'27"W, I t, l _ \ \ 66 I BLOCK 1, ��i �� r I- NORTH LINE OF LOT 10, \\\\\ 22.00 I HERZOG ADDITION \ \\ �4,N 20°50'14"E °t '' 1 24.48 ' \ \ - m o I \\ \\ `l. / o �++I� I N 89°21'03"E - / / i rz N i , '18.00 / / \\\;\\ 0 0 /i ,i\\\ ��� i / o z a b0 1 v� s 00'38'57"E r/ // ��i \\S\ ' ' i / p I/ 31.33 /i ,. -s; :•' Q z o IJ' PID NO.08-116-22-21-0040 ,/,' ',' ice, / Q- 3s I�° XI � i „i ,, '� ' /,)'-'25.84 ��pSP- / .V /\ \,�,589°21'03"W JAS��N i� V �0.30 `NPi GPQOS/--- j V� �� IF---1-\\=�O0N��i�/ 20 I ��// / i I, i / O i ' ' / \V / / ' PROPOSED TEMPORARY EASEMENT DESCRIPTION SURVEYOR'S CERTIFICATION A temporary easement for construction purposes over,under and across that part of Lot 10,Block 1, I hereby certify that this survey,plan,or report was prepared HERZOG ADDITION,according to the recorded plat thereof,Hennepin County,Minnesota,described by me or under my direct supervision and that I am a duly as follows: Licensed Land Surveyor under the laws of the State of Minnesota. Beginning at the northwest corner of said Lot 10;thence on an assumed bearing of South 00 degrees 38 minutes 57 seconds East along the west line of said Lot 10,a distance of 22.00 feet; _ Yl� thence North 20 degrees 50 minutes 14 seconds East,a distance of 24.48 feet to a point on the r' 08/21/2018 north line of said Lot 10,distant 9.00 feet easterly of said northwest corner,as measured along Eric R.Wilfahrt Date said north line;thence South 84 degrees 23 minutes 27 seconds West along said north line,a License Number 4 6 distance of 9.00 feet to the point of beginning. AND Together with a temporary easement for construction purposes over,under and across that part of said Lot 10,described as follows: Commencing at the northwest corner of said Lot 10;thence on an assumed bearing of South 00 degrees 38 minutes 57 seconds East along the west line of said Lot 10,a distance of 50.00 feet; EAIS) thence North 89 degrees 21 minutes 03 seconds East,a distance of 18.00 feet;thence South 00 degrees 38 minutes 57 seconds East,a distance of 31.33 feet;thence South 16 degrees 40 minutes 46 seconds West,a distance of 25.84 feet;thence South 89 degrees 21 minutes 03 N seconds West,a distance of 10.30 feet to said west line;thence North 00 degrees 38 minutes PROPOSED TEMPORARY 0 40 m 57 seconds West,along said west line,a distance of 56.00 feet to the point of beginning. 1ENT TA Said temporary easements shall expire on EASEMENT CONTAINING SCALE IN FEET m 0 0 i BEARINGS ARE IN TERMS OF HENNEPIN 0 a COUNTY COORDINATE SYSTEM u N (NAD83,1986 ADJ.) m EASEMENT EXHIBIT LOT 10,BLOCK 7141 DUCK LAKE ROAD,EDEN PRAIRIE,MN HERZOG ADDITION HENNEPIN COUNTY,MINNESOTA o12224 NICOLLET AVENUE ® BOLTON BURNSVILLE,MINNESOTA 55337 (95©Bolton&Menk,Inc.2018,All Rights Reserved & M E N K FOR: CITY OF EDEN PRAIRIE H:\EDPR\T16113925\CAD\C3D\113925_EA2.dwg 8/21/2018 2:38 PM JOB NUMBER:T16.113925 FIELD BOOK: DRAWN BY:ERW FILE NO.5263 58-T116-R22-21 • I 20 I SI • I I \ 66 1 o I m Imo-__—„DRAINAGE&UTILITY• .4.1 6 Z f---1--- %I• OF HERZOG ADDITION I PAVELKA f\ o 0 I I E 0 0 I 4 I 1 8° 15 J-------\ z= —_—� I — _— �A S84°23'27"W —__---- o- 9.00"' _ -i-------V 0\ r 66BLOCK 1, 4' J, / rN II- NORTH LINE OF LOT 10, \\ \\ / HERZOG ADDITION \ \\ 22.00` I _ - _4,N 20°50'14"E _ a� ri k- 1 24.48 , /\ 5 _ • ). u I I _ �, / \ _ y o , / A \ co o w I N N 89°21'03"E - i // AV��\ 0z / , '18.00 _ - i / _�•\\ • O O '-t__ / p -go.: i I� _ / / '"/A\ \\ IIIMEllit / z a I �,S 00°38'57"E // :/ . \.. ` / �cp 1i 31.33 ii . O -s ' Q G,, o ,I/ PID NO.08-116-22-21-0040 /i ' / 1,,,, L°'., I'sg 11 / _, 0Q —I 4 / `., S 16°40'46"W i , yQ : i /a.L--'25.84 �P t `- A. �)-5 89°21'03"W J(0) ON i ' 1 10.30 GE,4+ pOd - • i • • O-E Ne.:1. P\ i Q 20 I ��> ./ ideig,P 0410 11. i la -all . f i PROPOSED TEMPORARY EASEMENT DESCRIPTION SURVEYOR'S CERTIFICAT c A A temporary easement for construction purposes over,under and across that part of Lot 10,Block 1, I hereby certify that this survey,pl - -.ort was prepared HERZOG ADDITION,according to the recorded plat thereof,Hennepin County,Minnesota,described by me or under my direct supe 'nd that I am a duly as follows: Licensed Land Surveyor under ¶ s of the State of MinnesotaI Beginning at the northwest corner of said Lot 30;thence on an assumed bearing of South 00degrees 38 minutes 57 seconds East along the west line of said Lot 10,a distance of 22.00 feet; thence North 20 degrees 50 minutes 14 seconds East,a distance of 24.48 feet to a point on the08/21/2018 north line of said Lot 10,distant 9.00 feet easterly of said northwest corner,as measured along Eric R.WilDate said north line;thence South 84 degrees 23 minutes 27 seconds West along said north line,a License Nu distance of 9.00 feet to the point of beginning. AND Together with a temporary easement for construction purposes over,under and across that part of G` said Lot 10,described as follows: LSi Commencing at the northwest corner of said Lot 10;thence on an assumed bearing of South 00 O^ degrees 38 minutes 57 seconds East along the west line of said Lot 10,a distance of 50.00 feet; �!`'. thence North 89 degrees 21 minutes 03 seconds East,a distance of 18.00 feet;thence South 00 degrees 38 minutes 57 seconds East,a distance of 31.33 feet;thence South 16 degrees 40 _I minutes 46 seconds West,a distance of 25.84 feet;thence South 89 degrees 21 minutes 03 Q seconds West,a distance of 10.30 feet to said west line;thence North 00 degrees 38 minutes PROPOSED TEMPORARY 0 40 E, 57 seconds West,along said west line,a distance of 56.00 feet to the point of beginning. EASEMENT CONTAINING m 1,012 SQ.FT. Said temporary easements shall expire on SCALE IN FEET m 0 0 BEARINGS ARE IN TERMS OF HENNEPIN 0 a COUNTY COORDINATE SYSTEM u N (NAD83,1986 ADJ.) m EASEMENT EXHIBIT LOT 10,BLOCK 74 7141 DUCK LAKE ROAD,EDEN PRAIRIE,MN HERZOG ADDITION HENNEPIN COUNTY,MINNESOTA o CV BOLTON 12224 NICOLLET AVENUE & M E N K gURNSVILLE,MINNESOTA 55337 ©Bolton&Menk,Inc.2018,All Rights Reserved (952)890-0509 FOR: CITY OF EDEN PRAIRIE H:\EDPR\T16113925\CAD\C3D\113925_EA2.dwg 8/21/2018 2:40 PM 10B NUMBER:T16.113925 FIELD BOOK: DRAWN BY:ERW FILE NO.5263 58-T116-R22-21 ::,,,,,.:„...: . 4.„.447 , ii,„, _____— i__,.......,..,--------_,...._. z. ,„i ______ - ...''''t t IIII _ _.,_ _ O 1 4/ '-Qz '% � W Duck Lake Trail *fr `ajf citgE . _1:, — ,___ ,..i,_,:-,..„; _____--- ., , ,,-,,,..,.,,:,..ii-,... .___,,,—__--11,-_e: __ ,7._ir------ - '-li i.,''''''..:,--**441..- I r—T-41,-- --':::-.--,,. -1 ''— -.-...:4,: - '' _., •, _ 'I ...,-,4 t ..• 1' ^! �e �w I II I u ,I,H, . - , ,,C '...i I Q J--'..'t'..:....-.1,nJ. jI I L''', 1 W Y - '' O ,-' :,, Z,,L' 4 .;i::,-...4,...' ig ) � Q I �. i.�� �.r' -I' [ ,.L .I II 1—L— -— ---=-=--I' J . 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