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City Council - 04/02/2019
AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,APRIL 2, 2019 CITY CENTER 5:00—6:25 PM, HERITAGE ROOMS 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Ron Case, Council Members Brad Aho, Kathy Nelson, Mark Freiberg, and PG Narayanan CITY STAFF: City Manager Rick Getschow, Police Chief Greg Weber, Fire Chief Scott Gerber, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Administrative Services/HR Director Alecia Rose, Communications Manager Joyce Lorenz, City Attorney Ric Rosow, and Recorder Katie O'Connor Workshop-Heritage Rooms I and II(5:30) I. SUSTAINABLE EDEN PRAIRIE Open Podium - Council Chamber (6:30) II. OPEN PODIUM A. BARBARA BUCKNER& OLINDA FLORO—CONCERNS WITH PRIVATE 5G WIRELESS NETWORK DEPLOYMENT III. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,APRIL 2, 2019 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Ron Case, Council Members Brad Aho, Kathy Nelson, Mark Freiberg, and PG Narayanan 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. EDEN PRAIRIE COMMUNITY CENTER AWARDS PRESENTATION V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MARCH 19, 2019 B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 19, 2019 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. STABLE PATH by Wooddale Builders. Second Reading of an Ordinance for PUD District Review with Waivers and Zoning District Change from Rural to R1- 9.5 on 5.9 acres (Ordinance for PUD District/Zoning Change) C. EXTENSION OF ABRA AUTO BODY APPROVALS by City of Eden Prairie. First and Second Reading of an Ordinance extending prior approvals for Abra Auto Body(Ordinance) D. ADOPT RESOLUTION APPROVING STABLE PATH FINAL PLAT CITY COUNCIL AGENDA April 2, 2019 Page 2 E. ADOPT RESOLUTION APPROVING APPRAISAL VALUES AND AUTHORIZING PROPERTY ACQUISITION RELATED TO TOWN CENTER STATION PROJECT F. AWARD CONTRACT TO CASTRO CLEANING LLC. FOR ANNUAL CLEANING SERVICES AT WATER TREATMENT PLANT G. APPROVE WORK ORDER WO1 UNDER MASTER PARTNERSHIP CONTRACT WITH MNDOT H. AWARD CONTRACT TO AVR INC. FOR 2019 CONCRETE SUPPLY I. AWARD CONTRACT TO ALLIED BLACKTOP COMPANY FOR INSTALLATION OF CRACKSEALANT J. AWARD CONTRACT TO CREATE CONSTRUCTION, LLC FOR 2019 SIDEWALK IMPROVEMENTS K. AWARD CONTRACT TO MINNESOTA ROADWAYS COMPANY FOR DELL ROAD TRAIL REHAB PROJECT L. APPROVE SERVICE AGREEMENT WITH WATERGUARDS FOR CONDUCTING WATERCRAFT INSPECTIONS M. APPROVE COOPERATIVE AGREEMENT WITH RPBCWD FOR LOWER RILEY CREEK RESTORATION PROJECT N. DECLARE EQUIPMENT AS SURPLUS O. AWARD CONTRACT FOR THE GARDEN ROOM FOOD SERVICES TO SMOKIN HOTTDISH,LLC. P. APPROVE ENTERPRISE AGREEMENT TO RENEW MICROSOFT LICENSES PURCHASE THROUGH SHI Q. APPROVE GEO DECK SETTLEMENT FOR STARING LAKE PARK AMPHITHEATER R. APPROVE EDEN PRAIRIE COMMUNITY CENTER PAVER PURCHASE S. APPROVE NATIVE CONVERSION SITE MAINTENANCE AGREEMENT IX. PUBLIC HEARINGS/MEETINGS CITY COUNCIL AGENDA April 2, 2019 Page 3 A. BEVERLY HILL by Great Oaks 2nd, LLC. First Reading of an Ordinance for Zoning District Change from Rural to R1-9.5 on 6.86 acres; Resolution for Preliminary Plat on 6.86 acres (Ordinance Zoning Change; Resolution Preliminary Plat) B. MODIFY THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT AREA NO. 5,ESTABLISH TAX INCREMENT FINANCING DISTRICT 23,AND ADOPT A TAX INCREMENT PLAN (Resolution) 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 E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ANNOTATED AGENDA DATE: March 29, 2019 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday,April 2, 2019 TUESDAY,APRIL 2, 2019 7:00 PM, COUNCIL CHAMBER I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION Open Podium is an opportunity for Eden Prairie residents to address the City Council on issues related to Eden Prairie city government before each Council meeting, typically the first and third Tuesday of each month, from 6:30 to 6:55 p.m. in the Council Chamber. If you wish to speak at Open Podium, please contact the City Manager's Office at 952.949.8412 by noon of the meeting date with your name, phone number, and subject matter. If time permits after scheduled speakers are finished, the Mayor will open the floor to unscheduled speakers. Open Podium is not recorded or televised. If you have questions about Open Podium,please contact the City Manager's Office. IV. PROCLAMATIONS/PRESENTATIONS A. EDEN PRAIRIE COMMUNITY CENTER AWARDS PRESENTATION Synopsis: The Sun Current 2018 Reader's Choice Award for"Best Recreational Center," "Best Fitness Center" and"Best Indoor Waterpark"have been awarded to the Eden Prairie Community Center. This is the fifth year in a row that the Community Center has received the recognition for"Best Recreational Center." This is the second year for the Community Center in receiving "Best Fitness Center" and"Best Indoor Waterpark." The Reader's Choice award winners are selected during a six-week voting period by print and online readers through a Reader's Choice Survey. Organizations located within Victoria, Spring Park, Plymouth, Eden Prairie, Bloomington, Edina and Richfield are among this year's 2018 award winners in various categories. We are honored to again have the Eden Prairie Community Center recognized by our residents as a high quality community asset, as well as for its fitness and aquatics program offerings. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS ANNOTATED AGENDA April 2, 2019 Page 2 MOTION: Move to approve the agenda. VI. MINUTES MOTION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY, MARCH 19, 2019 B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 19, 2019 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-S on the Consent Calendar. A. CLERK'S LICENSE LIST B. STABLE PATH by Wooddale Builders. Second Reading of an Ordinance for PUD District Review with Waivers and Zoning District Change from Rural to RI- 9.5 on 5.9 acres (Ordinance for PUD District/Zoning Change) C. EXTENSION OF ABRA AUTO BODY APPROVALS by City of Eden Prairie. First and Second Reading of an Ordinance extending prior approvals for Abra Auto Body(Ordinance) D. ADOPT RESOLUTION APPROVING STABLE PATH FINAL PLAT E. ADOPT RESOLUTION APPROVING APPRAISAL VALUES AND AUTHORIZING PROPERTY ACQUISITION RELATED TO TOWN CENTER STATION PROJECT F. AWARD CONTRACT TO CASTRO CLEANING LLC. FOR ANNUAL CLEANING SERVICES AT WATER TREATMENT PLANT G. APPROVE WORK ORDER WO1 UNDER MASTER PARTNERSHIP CONTRACT WITH MNDOT H. AWARD CONTRACT TO AVR INC. FOR 2019 CONCRETE SUPPLY I. AWARD CONTRACT TO ALLIED BLACKTOP COMPANY FOR INSTALLATION OF CRACKSEALANT J. AWARD CONTRACT TO CREATE CONSTRUCTION, LLC FOR 2019 SIDEWALK IMPROVEMENTS ANNOTATED AGENDA April 2, 2019 Page 3 K. AWARD CONTRACT TO MINNESOTA ROADWAYS COMPANY FOR DELL ROAD TRAIL REHAB PROJECT L. APPROVE SERVICE AGREEMENT WITH WATERGUARDS FOR CONDUCTING WATERCRAFT INSPECTIONS M. APPROVE COOPERATIVE AGREEMENT WITH RPBCWD FOR LOWER RILEY CREEK RESTORATION PROJECT N. DECLARE EQUIPMENT AS SURPLUS O. AWARD CONTRACT FOR THE GARDEN ROOM FOOD SERVICES TO SMOKIN HOTTDISH,LLC. P. APPROVE ENTERPRISE AGREEMENT TO RENEW MICROSOFT LICENSES PURCHASE THROUGH SHI Q. APPROVE GEO DECK SETTLEMENT FOR STARING LAKE PARK AMPHITHEATER R. APPROVE EDEN PRAIRIE COMMUNITY CENTER PAVER PURCHASE S. APPROVE NATIVE CONVERSION SITE MAINTENANCE AGREEMENT IX. PUBLIC HEARINGS/MEETINGS A. BEVERLY HILL by Great Oaks 2nd, LLC. First Reading of an Ordinance for Zoning District Change from Rural to R1-9.5 on 6.86 acres; Resolution for Preliminary Plat on 6.86 acres (Ordinance Zoning Change; Resolution Preliminary Plat) Synopsis: The applicant is requesting a Rezoning and Preliminary Plat for 17 detached, single-family residential lots to be known as Beverly Hill. The site is approximately 6.8 acres and consists of two existing single-family residences and accessory buildings. The current addresses of the two existing homes are 16540 Beverly Drive and 9800 Eden Prairie Road. The site is located directly north of the Reeder Ridge development and west of The Meadows at Riley Creek and has frontage on both Beverly Drive and Eden Prairie Road. The site is surrounded by other existing single-family residential uses. Eden Prairie Road abuts the east side of the property and Beverly Drive abuts the south side of the property. The proposed plat complies with all zoning, setback, and lot size requirements of the City Code and is consistent with the Comprehensive Plan. No Planned Unit Development approval or waivers from City Code requirements are being requested with this application. A neighboring property owner has submitted a comment letter dated 03/26/19 which is attached with this report. ANNOTATED AGENDA April 2, 2019 Page 4 MOTION: Move to: • Close the Public Hearing; and • Approve the Pt reading of the Ordinance for Zoning District Change from Rural to R1-9.5 on 6.86 acres • Adopt a Resolution for a Preliminary Plat of two lots into seventeen lots and two outlots on 6.86 acres • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions B. MODIFY THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT AREA NO. 5,ESTABLISH TAX INCREMENT FINANCING DISTRICT 23,AND ADOPT A TAX INCREMENT PLAN (Resolution) Synopsis: TIF District 23: Trail Pointe Ridge is being created to support the Trail Pointe Ridge development, a 58-unit mixed-income apartment complex to be built, owned, and operated by non-profit CommonBond Communities as part of the larger Smith Village project. In adopting the resolution, Council will warrant that the HRA and City have performed all actions required by law to be performed prior to the establishment of the district, including public hearing requirements and required notification to the County and School District. MOTION: Move to adopt the resolution requesting a modification to the Redevelopment Plan for Redevelopment Project Area No. 5, establishing Tax Increment Financing District No. 23: Trail Pointe Ridge therein, and adopting a Tax Increment Financing Plan therefor. HRA MEETING HRA I. ROLL CALL /CALL THE HRA MEETING TO ORDER HRA II. APPROVE MINUTES OF HRA MEETING HELD ON DECEMBER 4,2018 MOTION: Move to approve the HRA minutes from December 4, 2018. HRA III. APPROVE MINUTES OF HRA MEETING HELD ON JANUARY 8, 2019 MOTION: Move to approve the HRA minutes from January 8, 2019. HRA IV. ADOPT RESOLUTION MODIFYING THE REDEVELOPMENT PLAN FOR PROJECT AREA NO. 5,ESTABLISHING TAX INCREMENT FINANCING DISTRICT NO. 23, AND ADOPTING A TAX INCREMENT PLAN ANNOTATED AGENDA April 2, 2019 Page 5 MOTION: Move to: Adopt the Resolution requesting a modification to the Redevelopment Plan for Redevelopment Project Area No. 5, establishing Tax Increment Financing District No. 23: Trail Pointe Ridge therein, and adopting a Tax Increment Financing Plan therefor. HRA V. ADOPT RESOLUTION AUTHORIZING AN INTERFUND LOAN FOR ADVANCE OF CERTAIN COSTS IN CONNECTION WITH TAX INCREMENT FINANCING DISTRICT NO. 23 MOTION: Move to: Adopt the Resolution authorizing an Interfund Loan for advance of certain costs in connection with Tax Increment Financing District no. 23: Trail Pointe Ridge HRA VI. ADJOURNMENT MOTION: Move to adjourn the HRA meeting. COUNCIL MEETING X. PAYMENT OF CLAIMS MOTION: Move approval of Payment of Claims as submitted (Roll Call Vote). 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 E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF ANNOTATED AGENDA April 2, 2019 Page 6 H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. CITY COUNCIL AGENDA DATE: SECTION: Proclamations and Presentation April 2, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Valerie Verley, Parks and Presentation of three Sun Current Reader's IV.A. Recreation/Community Choice Awards for the Eden Prairie Center Community Center Requested Action Receive Sun Current Reader's Choice Awards for"Best Recreational Center," "Best Fitness Center" and"Best Indoor Waterpark" for the Eden Prairie Community Center. Synopsis The Sun Current 2018 Reader's Choice Award for"Best Recreational Center," "Best Fitness Center" and"Best Indoor Waterpark"have been awarded to the Eden Prairie Community Center. This is the fifth year in a row that the Community Center has received the recognition for"Best Recreational Center." This is the second year for the Community Center in receiving"Best Fitness Center" and"Best Indoor Waterpark." The Reader's Choice award winners are selected during a six-week voting period by print and online readers through a Reader's Choice Survey. Organizations located within Victoria, Spring Park, Plymouth, Eden Prairie, Bloomington, Edina and Richfield are among this year's 2018 award winners in various categories. We are honored to again have the Eden Prairie Community Center recognized by our residents as a high quality community asset, as well as for its fitness and aquatics program offerings. ITEM NO.VI.A. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,MARCH 19, 2019 CITY CENTER 5:00—6:25 PM,HERITAGE ROOMS 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Ron Case, Council Members Brad Aho, Kathy Nelson, Mark Freiberg, and PG Narayanan CITY STAFF: City Manager Rick Getschow, Police Chief Greg Weber, Interim Fire Chief Kevin Schmieg, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Administrative Services/HR Director Alecia Rose, Communications Manager Joyce Lorenz, City Attorney Ric Rosow, and Recorder Katie O'Connor GUESTS: Riley Purgatory Bluff Creek Watershed District Administrator Clair Bleser, Project and Permit Manager Terry Jeffery; Board Manager Dick Ward, Jill Crafton, Larry Koch, and David Ziegler Workshop-Heritage Rooms I and II(5:30) I. JOINT MEETING WITH RILEY PURGATORY BLUFF CREEK WATERSHED DISTRICT Getschow introduced the annual joint meeting with the Riley Purgatory Bluff Creek Watershed District (RPBCWD). Claire Bleser, District Administrator, presented an overview of RPBCWD. Bleser stated in 2018 there were 15 active projects, 40 monitoring sites, eight cost share grants awarded, 36 partner organizations, 76 permits issued, and $410,000 in grants received. The ten year management plan was approved by the Board of Water and Soil Resources. The 76 permits issued prevented sediment pollution, reduced food for algae, and helped slow down and soak in water it falls. Bleser provided a breakdown of the aquatic invasive species (AIS) in the RPBCWD: common carp, goldfish, Eurasian watermilfoil, brittle naiad, curly-leaf pondweed, Chinese mystery snail, and zebra mussel. RPBCWD has many partners that help with the work of AIS monitoring and treatments, including the City. Bleser stated herbicide treatments for invasive aquatic plants have been done at Red Rock, Staring, Riley, and Mitchell. Many volunteers place monitoring plates on their lake, specifically for zebra mussels. They are working with the Lake Riley Improvement Association to recruit more volunteers to help determine how fast zebra mussels are populating in the lake. Council Member Aho inquired how many lakes in the district have zebra mussels. Bleser stated outside of RPBCWD they can be found in Bryant, Christmas, and Minnetonka. City Council Workshop Minutes March 19,2019 Page 2 Council Member Narayanan inquired how easy it is to remove. Bleser stated pesticide treatments can be done at Christmas Lake,but it did not remove them. Their primary focus is to prevent it, but if there is an infestation it can be monitored to see what treatments may work. Aho stated the one positive effect is zebra mussels make the lake clearer by filtering the water. Bleser noted the filtering changes the dynamics of the lake and could impact fisheries. Board Manager Crafton added it strips the food for fish. Council Member Freiberg inquired what the biggest problem is with zebra mussels. Bleser stated the entire fish species food chain gets affected since food is being taken away. Beaches and shorelines will also be impacted with sharp mussels. Bleser stated carp management continues to be done with nets and electric wands. In Lake Riley they use an aeration unit to keep the water warm for the mature bluegill fish population to eat the carp eggs. In Staring Lake a net has been used to control the carp movement up the creek. Narayanan inquired how carp spread to other lakes. Bleser stated carp travel via the creek and move up stream as the water warms. Board Manager Ziegler stated carp go up stream so their eggs have a better chance of surviving. Aho stated, in the past, residents would hunt carp on Bryant Lake. Weber stated this is not a permittable area to discharge a weapon. Permits are available to discharge a weapon, but it must be south of Pioneer Trail. Bleser added the DNR also requires permits. Bleser stated in 2018 fish stocking of bluegill and winterkills were done on Duck Lake and Rice Marsh Lake. Aho inquired why there wouldn't be an aeration unit on all lakes. Bleser stated it depends on the need. It's expensive to install, requires the use of electricity, and doesn't necessarily aerate the entire lake. Narayanan inquired how Eden Prairie compares to other cities. Bleser stated overall RPBCWD is ahead of other watershed districts in carp management. At the American Fisheries Society meeting this last year representatives from other countries were reviewing the RPBCWD carp management program for implementation in their city. The netting method is not as effective when used multiple years in a row since carp tend to remember the net location. Bleser stated RPBCWD has worked with the City for many years on an AIS inspection program. There have been discussions to increase the hours for the program as a shared responsibility. To assist the program, the City received a grant for a CD3 unit at Lake Riley, and there will be restriping around the unit to make it more visible at the boat launch. Notifications were sent out to lakeshore owners about aquatic invasive species. They are recruiting adopt-a-dock volunteers to monitor the spread of AIS. A training will be conducted on AIS identification. Bleser outlined the water quality of the lakes. Riley, Round, and Duck Lake met all Minnesota Pollution Control Agency(MPCA) standards. Council Member Nelson inquired how excess algae can be cleaned. Bleser stated algae is not to be eliminated. In City Council Workshop Minutes March 19,2019 Page 3 order to meet all standards, a balance is required of algae and phosphorus. Aho stated, in the past, the water at Round Lake was treated to make it swimmable. Bleser added the latest treatment was the alum application on Round Lake. Nelson noted the increase in algae in Red Rock Lake and inquired what would cause the increase. Bleser replied many factors impact an increase such as the weather and drainage from shorelines. Nelson inquired if mailers are sent out annually to lakeshore homeowners including information about grass fertilizers and herbicides. Bleser stated a mailer is done, but this could be considered as an addition. Bleser stated creek health determines if there are zero or more impairments. RPBCWD has specific water monitoring sites along the creeks. RPBCWD has a cost share program that funded nine community projects to protect and improve water resources in 2018. Programming had 85 volunteers with 660 hours volunteered, eight programs and events, 120 tour attendees, and seven activities. The watershed district's youth outreach program does a lot of work with the Staring Outdoor Center. The watershed district also provided continuing education to 270 participants in 2018. Bleser stated wetland management program included wetland inventories in 2018. Storm water pond research was conducted in partnership with cities. Some of the projects conducted include Fire Station 2, Duck Lake subwatershed, Rice Marsh Lake alum, and Lower Riley Creek. Work has been done on Rice Marsh Lake to apply alum to prevent additional phosphorus to be released from the base of the lake. Aho inquired how alum impacts the carp management. Bleser stated there are still carp, but this does treatment does not increase carp. Aho inquired how long the treatment lasts. Bleser stated about 20 to 30 years on average. It depends on how much phosphorus is on the lake bottom. Bleser stated Lower Riley Creek Restoration, in partnership with Lower Minnesota River Watershed District, will be underway in the near future. The Fire Station 2 project was completed in 2018 for the reuse of water for both cleaning trucks and irrigation of native landscaping. The Duck Lake partnership project engaged residents to help eliminate water pollutants and ultimately protect and restore Duck Lake. Narayanan inquired what the RPBCWD partnership is with the DNR. Bleser stated RPBCWD receives their funds through tax levies. They have a permitted partnership with the DNR. Narayanan inquired what residents can do to help. Bleser stated some examples such as directing downspouts onto grass instead of driveways, adding plants with longer roots, reuse of water, supporting pollinator initiatives, creating a buffer to wetlands, and restoring shorelines. Narayanan inquired how residents are being educated. Bleser stated they partner with the City on events such as Arbor Day and the Expo. They work with lake and neighborhood associations and they distribute educational materials to youth. There are six staff members, and the community outreach coordinator is working on the Duck Lake Community Partnership Project as a trial to see how to engage residents. Volunteers and master water stewards also assist with education outreach to residents. Mayor Case inquired how the watershed district handles concerns from developers about requirements for projects. Bleser stated a few years ago Project and Permit Manager Jeffery was hired to help mitigate these issues. Jeffery stated every spring a developer workshop is held. They encourage developers to meet with their staff and City staff City Council Workshop Minutes March 19,2019 Page 4 concurrently. They have the same timelines for processing permits. Aho inquired about the relationship between the City and RPBCWD. Public Works Director Ellis stated at times there is some disagreement in regards to projects with the Watershed District Engineer. Overall the relationship is positive and has improved in recent years. Crafton inquired what the City's action plans are for Minnesota GreenStep Cities. Case replied the Conservation Commission has been tasked with looking at long term goals. Nelson added all the electricity the City purchases will be solar by the end of the year. Ellis added the City is buying a Ford F-250 hybrid plug-in. Open Podium - Council Chamber (6:30) II. OPEN PODIUM A. BILL SATTERNESS—AQUATIC INVASIVE SPECIES Bill Satterness, 8597 Red Oak Drive, is a founding member of Friends of Red Rock Lake. Their mission is to raise awareness and take actions to improve the health and vitality of Red Rock Lake. It is good the City and Watershed District are talking about increasing the amount of money spent on lake inspections. With an uptick in boats using Red Rock Lake, additional inspections will be beneficial. Preventing the spread of zebra mussels to other lakes is important. III. ADJOURNMENT ITEM NO. VI.B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,MARCH 19, 2019 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Ron Case, Council Members Brad Aho, Mark Freiberg, P G Narayanan, and Kathy Nelson CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Ric Rosow, and Council Recorder Jan Curielli I. CALL THE MEETING TO ORDER Mayor Case called the meeting to order at 7:00 p.m. All Council Members were present. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. ACCEPT DONATION OF $200 FROM BROOKDALE SENIOR LIVING FOR THE SENIOR CENTER VETERANS BREAKFAST (Resolution No. 2019-41) Lotthammer said this is a donation of$200 from Brookdale Senior Living towards the cost of the Senior Center Veterans Breakfast. Case noted we appreciate all groups that have made similar donations to the Senior Center activities. MOTION: Aho moved, seconded by Freiberg, to adopt Resolution No. 2019-41 accepting the donation of$200 from Brookdale Senior Living towards the Veterans Breakfast at the Senior Center. Motion carried 5-0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Narayanan moved, seconded by Aho, to approve the agenda as published. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MARCH 5, 2019 CITY COUNCIL MINUTES March 19, 2019 Page 2 B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 5, 2019 MOTION: Aho moved, seconded by Narayanan, to approve the minutes of the City Council workshop held Tuesday, March 5, 2019, and the minutes of the City Council meetings held Tuesday, March 5, 2019, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION NO. 2019-42 AFFIRMING EDEN PRAIRIE'S COMMITMENT TO PROMOTE AWARENESS OF THE 2020 CENSUS C. ADOPT RESOLUTION NO. 2019-43 PRELIMINARILY AUTHORIZING ISSUANCE OF REVENUE BONDS FOR THE EDENDALE MULTIFAMILY HOUSING DEVELOPMENT D. ADOPT RESOLUTION NO. 2019-44 APPROVING GO BOND AGREEMENT WITH THE STATE OF MINNESOTA FOR THE QUIET ZONE PROJECT E. AWARD CONTRACT TO PLEHAL BLACKTOPPING LLC FOR STERLING FIELD PARK HARD COURT RECONSTRUCTION PROJECT F. AWARD CONTRACT TO DIVERSIFIED CONSTRUCTION FOR POLICE DEPARTMENT OFFICE AREA REMODEL G. AWARD CONTRACT TO VALLEY PAVING, INC. FOR HENNEPIN TOWN ROAD TURN LANE IMPROVEMENTS PROJECT H. APPROVE AGREEMENT WITH REPUBLIC SERVICES FOR ASSISTING WITH ANNUAL COMMUNITY CLEAN UP DAY I. AWARD CONTRACT TO NORTHSTAR MUDJACKING FOR 2019 MUDJACKING OF CONCRETE CURB AND SIDEWALK PANELS TO J. APPROVE DELEGATION AGREEMENT WITH MN DEPARTMENT OF NATURAL RESOURCES FOR AQUATIC INVASIVE SPECIES PREVENTION K. APPROVE AGREEMENT WITH BRYCER,LLC FOR THE COMPLIANCE ENGINE CITY COUNCIL MINUTES March 19, 2019 Page 3 MOTION: Nelson moved, seconded by Freiberg, to approve Items A-K on the Consent Calendar. Narayanan asked for clarification of Item C. Rosow said this item is a preliminary step to setting a public hearing for the issuance of revenue bonds for the Edendale multifamily housing development. This action is needed to apply to various state agencies for bonding authority and is not a final approval. Narayanan asked if this will come back to the Council. Rosow replied it will. Getschow noted this is conduit financing. He said the City is not liable for the bonds, and the project will use the City's positive credit rating in order to develop multifamily housing. Edendale would come back to the Council with their project plans to improve the property. Case noted there really isn't a down side to this, and there potentially are a lot of upsides. VOTE ON THE MOTION: Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS X. PAYMENT OF CLAIMS MOTION: Narayanan moved, seconded by Nelson, to approve the payment of claims as submitted. Motion was approved on a roll call vote,with Aho, Freiberg,Narayanan, Nelson, and Case voting "aye." 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. Award Base Bid and Alternates 1 & 2 and Authorize Contract with Ebert Construction for Staring Lake Building Reconstruction Project Lotthammer explained this item approves the City awarding a bit and entering into a contract with Ebert Construction for the reconstruction of the Staring Lake building. He gave a PowerPoint presentation about the project and noted part of the project is a reconfiguration and redo of the parking lot after the CITY COUNCIL MINUTES March 19, 2019 Page 4 building is completed. There are two alternates included in the bid: enhanced stormwater treatment, and the pavilion on the side of the building. He reviewed the design process and noted the architect, Dan O'Brien, has designed several other buildings in the City. The Staring Lake facility is used by a lot of people because of the play structures, the pickleball courts, and the winter sledding and skating facilities. We need a structure that will support the level of activity and use at the park. Lotthammer said the Planning Commission reviewed the project, and the project was brought to the Parks Commission many times for their ideas and review. Staff also received expert input for the design details regarding energy efficiency. The project will update the current septic system to City sewer and water. There is high demand from residents and community groups for rental of the facility, and it provides support for pickleball players and general park visitors. He reviewed the floor plan of the building and the pavilion. He noted staff is working with the Watershed District, and they may provide some funding for the enhanced stormwater treatment. Lotthammer reviewed the bids received for the project and noted he believed these are reasonable bids for the project. He said funding will come from the Park Improvement Fund, the Capital Reinvestment Fund, a Hennepin County grant, and the Watershed District. Freiberg asked why there was such a discrepancy for the stormwater treatment alternate included in the second bid. Lotthammer replied we don't know for sure, but we take the bid as it is submitted when the bids are opened. Aho noted in the past on other projects we have looked for private partners to partner with the City, as was the case for the Cambria Room at the Community Center. He asked if staff has looked at anything like that for the project. Lotthammer replied they haven't at this point. He thought the larger room in the facility will be popular enough so there would be opportunities for naming rights there. Aho then asked if staff will investigate those opportunities. Lotthammer replied they will. Aho commented we could make it a potentially nicer facility if we get someone to partner with us. Narayanan asked if we have partnered with businesses in the past for naming rights. Lotthammer replied we have a long history of that. We cooperated with the Hockey Association for the third sheet of ice, and other entities have put their names on certain other City facilities. We also offered pickleball court users the opportunity to put their names on the pavers there. Narayanan inquired about the sustainable features in the project. Lotthammer replied there is a highly efficient heating and air conditioning system, a very sophisticated monitoring system for the building, and the enhanced stormwater treatment alternate. CITY COUNCIL MINUTES March 19, 2019 Page 5 Narayanan asked how many people the room will hold. Lotthammer said the capacity with the round tables set up for a banquet would be about 80 people. It will be a good facility for small receptions or family gatherings and fits nicely into our system as another rental facility alongside the Senior Center and the Community Center. Narayanan asked if there is an audio-visual system in the building. Lotthammer said there will be projector capability in the large room. Nelson noted she liked the look of the project, especially the fact the lake will be visible from the large room. She asked if we considered putting solar panels on top of the building. Lotthammer replied staff talked about that; however, the roof did not seem to be the best place for the panels. There is an area off to the side of the building that might be used for the solar panels. Nelson said she would love if we could find some way to do that, either as part of the project or added on later. Case commented at some point, as we experience climate change, all buildings will need to be self-sustaining. He liked the way this project is being done and would like to retrofit this and other City buildings with solar off to the side. He noted$1,500,000 is a lot of money; however, this isn't an afterthought. Buildings like this have been programmed for a decade or more. Our CIP plan includes the replacement of our buildings. These expenditures continue to ensure we maintain our high quality of life. That will make people want to move here and will allow property values to remain high. It is part of the mix of maintaining a quality city. Freiberg noted the building is expected to last about 40 years, which means we will be getting $35,000 a year in use from it. MOTION: Aho moved, seconded by Nelson, to accept the base bid and Alternates 1 &2 and to authorize entering into a contract with Ebert Construction for the construction of Staring Lake Pavilion Project. Motion carried 5-0. Aho asked when construction will start. Lotthammer replied we have to go through the permitting process, and there are road restrictions affecting the demolition process. We could start as early as the end of April with the scheduled completion towards early fall. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY CITY COUNCIL MINUTES March 19, 2019 Page 6 XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Nelson moved, seconded by Narayanan, to adjourn the meeting. Motion carried 5- 0. Mayor Case adjourned the meeting at 7:36 p.m. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 2, 2019 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 Massage Therapist Daphane Chauntel Bratton Massage Envy 11995 Singletree Lane#100 - 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 2, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/Planning Stable Path VIII.B. Janet Jeremiah/Beth Novak-Krebs Requested Action • Approve the 2'Reading of the Ordinance for Planned Unit Development District Review with waivers on 5.9 acres and a Zoning District Change from Rural to R1-9.5 on 5.9 acres • Approve the Development Agreement for Stable Path with changes approved by the City Attorney Synopsis This is the final approval of Stable Path. The property is located at 9650 Stable Path, which is just west of Stable Path and just north of Crestwood Park. The property is guided Low Density Residential and the applicant is requesting a rezoning from Rural to R1-9.5. The applicant is proposing to divide the 5.9 acre property into 17 single family lots and 7 outlots. Background At the Council 1st reading, the following issues were raised and the developer and staff have provided follow-up information. • Markers along the gas pipleline. Language has been included in the Development Agreement requiring the developer to work with Magellan Midstream Partners L.P to install more markers along the gas line easement across the northern part of the property. Prior to the issuance of a Land Alteration Permit, the Developer is required to notify the City Planner of the number and location of additional markers. The additional markers are required to be installed prior to the issuance of a Certificate of Occupancy for the first home. • Sustainable Features. The applicant has provided a list of sustainable features within the project: The developer will be providing Energy Star kitchen appliances, high efficiency heating, cooling and air exchange systems, low flush toilets, LED lighting, stormwater management, and some native trees. The applicant has submitted a request to vacate the Thomforde Trail right-of-way and a request for approval of the Final Plat. The applications for the administrative lot combinations to combine outlots B-G with the Cole Court properties to the north have been submitted and are under review. At the time of preparation of the council packet the City Attorney and attorney for the applicant were still working out language relating to the lot combinations. Approval of the Development Agreement includes changes approved by the City Attorney. The 120-day review period expires on April 5, 2019. Attachments Ordinance for PUD and Zoning Summary Ordinance Development Agreement STABLE PATH CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO.8-2019-PUD-5-2019 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural Zoning District and be placed in the R1-9.5 Zoning District as noted in Exhibit A 8-2019- PUD-5-2019 (hereinafter "PUD-5-2019-R1-9.5 "). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of April 2, 2019 entered into between Wooddale Builders, Inc. and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-5-2019- R1-9.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-5-2019-R1-9.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-5-2019-R1-9.5 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-5-2019-R1-9.5_are justified by the design of the development described therein. D. PUD-5-2019-R1-9.5 is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural and placed in the R1-9.5 Zoning District as noted in Exhibit A and shall be included hereafter in the Planned Unit Development PUD-5-2019-R1-9.5 and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 19th day of February, 2019, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 2nd day of April, 2019. ATTEST: Kathleen Porta, City Clerk Ronald A. Case, Mayor PUBLISHED in the Eden Prairie News on , 2019. EXHIBIT A Rural Zoning District to R1-9.5 Zoning District Legal Description Prior to Final Plat: That part of Outlot B, Crestwood 73, according to the recorded plat thereof on file in the office of the Register of Deeds in and for Hennepin County, Minnesota, lying North of a line 403.00 feet South of, measured at a right angle to and parallel with the most Northerly line of said Outlot B; EXCEPT All that part of the northerly 403.00 feet of Outlot B, Crestwood 73, County of Hennepin, State of Minnesota, described as follows: Commencing at the southwest corner of the said northerly 403.00 feet of Outlot B; thence North 00 degrees 15 minutes 01 seconds East, assumed bearing, along the westerly line of the said northerly 403.00 feet of Outlot B, a distance of 66.21 feet; thence North 78 degrees 15 minutes 01 seconds East a distance of 14.40 feet; thence North 00 degrees 02 minutes 23 seconds East a distance of 51.08 feet; thence North 78 degrees 15 minutes 01 seconds East a distance of 26.69 feet; thence South 00 degrees 15 minutes 01 seconds West a distance of 126.81 feet to a point on the southerly line of the said northerly 403.00 feet of Outlot B; thence North 88 degrees 20 minutes 57 seconds West, along said southerly line, a distance of 40.01 feet to the point of beginning. Abstract Property. Legal Description After the Final Plat: Lots 1- 9, Block 1, Lots 1-8, Block 2, and Outlots A-G, Stable Path, Hennepin County, Minnesota STABLE PATH CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 8-2019-PUD-5-2019 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99,WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows amendment of the zoning of land located at 9650 Stable Path within the R1-9.5_Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Ronald A. Case, Mayor PUBLISHED in the Eden Prairie News on , 2019. (A full copy of the text of this Ordinance is available from City Clerk.) EXHIBIT A Rural Zoning District to R1-9.5 Zoning District Legal Description Prior to Final Plat: That part of Outlot B, Crestwood 73, according to the recorded plat thereof on file in the office of the Register of Deeds in and for Hennepin County, Minnesota, lying North of a line 403.00 feet South of, measured at a right angle to and parallel with the most Northerly line of said Outlot B; EXCEPT All that part of the northerly 403.00 feet of Outlot B, Crestwood 73, County of Hennepin, State of Minnesota, described as follows: Commencing at the southwest corner of the said northerly 403.00 feet of Outlot B; thence North 00 degrees 15 minutes 01 seconds East, assumed bearing, along the westerly line of the said northerly 403.00 feet of Outlot B, a distance of 66.21 feet; thence North 78 degrees 15 minutes 01 seconds East a distance of 14.40 feet; thence North 00 degrees 02 minutes 23 seconds East a distance of 51.08 feet; thence North 78 degrees 15 minutes 01 seconds East a distance of 26.69 feet; thence South 00 degrees 15 minutes 01 seconds West a distance of 126.81 feet to a point on the southerly line of the said northerly 403.00 feet of Outlot B; thence North 88 degrees 20 minutes 57 seconds West, along said southerly line, a distance of 40.01 feet to the point of beginning. Abstract Property. Legal Description After the Final Plat: Lots 1- 9, Block 1, Lots 1-8, Block 2, and Outlots A-G, Stable Path, Hennepin County, Minnesota �l „‘8 DEVELOPMENT AGREEMENT Stable Path THIS DEVELOPMENT AGREEMENT("Agreement")is entered into as of April ,2019,by Wooddale Builders,Inc. a Minnesota corporation,hereinafter referred to as "Developer," its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation,hereinafter referred to as"City": WITNESSETH: WHEREAS,Developer has applied to the City for a Planned Unit Development Concept Review on 5.9 acres, Planned Unit Development District Review with waivers on 5.9 acres, Zoning District Change from Rural to R1-9.5 Zoning District on 5.9 acres,and Preliminary Plat of 5.9 acres into 17 lots and 7 outlots (the "Applications"), legally described on Exhibit A (the "Property"); NOW,THEREFORE,in consideration of the City adopting Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from Rural to R1-9.5 on 5.9 acres,and Resolution No. for Preliminary Plat, Developer agrees to construct, develop and maintain the Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials revised and stamp dated , reviewed and approved by the City Council on Development Agreement—Stable Path 1 561562v2 LMW WD125-26 , (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms, covenants,agreements,and conditions set forth in Exhibit C. 3. ADMINISTRATIVE LOT COMBINATIONS: Property owners of the Stonegate Lots (as defined below)have made applications to the City for Administrative Lot Combinations applieations for the following combinations: a. Outlot B,Stable Path with Lot 23,Block 1,Stonegate of Eden Prairie; b. Outlot C,Stable Path with Lot 22,Block 1,Stonegate of Eden Prairie; c. Outlot D,Stable Path with Lot 1,Block 4,Stonegate of Eden Prairie; d. Outlot E,Stable Path with Lot 2,Block 4,Stonegate of Eden Prairie; c. Outlot F,Stable Path with Lot 3,Block 4,Stonegate of Eden Prairie;and f. Outlot G,Stable Path with Lot 4,Block 4,Stonegate of Eden Prairie. (The lots identified above in a-f in Stonegate of Eden Prairie shall hereinafter be referred to individually and collectively as the"Stonegate Lot(s)". Outlots B,C,D,E,F and G, Stable Paths shall hereinafter be referred to individually or collectively as the"Stable Path Outlot(s)"and reference below to a Stable Path Outlot and a Stonegate Lot shall refer to the Stable Path Outlot paired above with such Stonegate Lot. "Stable Path Lot(s)" shall refer to the lots identified on Exhibit A attached hereto.) In the event that any of the property owners of the Stonegate Lot(s)rescind their application for Administrative Lot Combination prior to the filing the Final Plat,the Final Plat shall be revised to incorporate into the adjacent Stable Path Lot any Stable Path Outlot not combined as set forth above. The City will consider approval of the Administrative Lot Combinations on a lot by lot basis when it receives a consent of the applicable mortgagee, if any. contemporaneous with consideration of approval of the Final Plat for the Property.. The City's approval of each Administrative Lot Combination is contigent upon the receipt by the City of the mortgagee consent.If a consent is not received in the time allowed under law to approve or deny the application,the City shall consider and deny the application.Each Stonegate Property Owner may submit a letter requesting a thirteen(13)month extension of the time for the City to act on the application after the City approval of the final plat. The City's approval of each of the lot combinationAdministrative Lot Combination is also hereby contingent upon the owner of each of the relevant Stonegate Lots, accompanied by a written consent of the holder of a first mortgage on such Stonegate Lot (the "Lender Consent"),executing a Declaration of Covenant,Condition,and Restriction against such Stonegate Lot that that the parcel resulting from the combination of such Stonegate Lot and such Stable Path Outlot shall be conveyed only as a single parcel and shall not in the future be subdivided from each other,all in such form as has been previously approved by Development Agreement—Stable Path 2 561562v2 LMW WD125-26 the City(hereinafter,a"Declaration"). Upon full execution of a Declaration(including the Lender's Consent) for a Stonegate Lot and Stable Path Outlot no later than the date (hereinafter the"Combination Deadline")that is the first anniversary of the City's approval of the Final Plat(or such later date as the City Council may,in its sole discretion,consent to),the Developer shall record the Administrative Lot Combination and-a Declaration with the Hennepin County Recorder and thereafter Developer shall deed the Stable Path Outlot to the property owner of the corresponding Stonegate Lot (a Stable Path Outlot and Stonegate Lot with respect to which the Developer has caused the recording of the Administrative Lot Combination,a Declaration,and a deed is hereinafter referred to as a "Finalized Combined Lot");provided,however,that aA Stable Path Outlot which does not constituteis not part of a Finalized Combined Lot by the Combination Deadline shall no longer be eligible for combination with the corresponding Stonegate Lot(and such Stable Path Outlot shall be deemed an"Orphaned OutlotLot"). Upon filing of the Finalized Combined Lot with respect to a Stable Path Outlot, thate Stonegate LotStable Path Outlot shall be released from the terms of this Agreement,except for paragraph 12 hereof for the period of time required under City Code Section 11.55, Subd 5, and except that the terms and conditions of the Declaration shall remain in full force and effect and,upon request of an owner of such Stonegate Lot,the City shall,without the necessity of further City Council approval, prepare and provide to the owner of the Stonegate Lot for recording a document releasing the Stable Path Outlot from this Agreement subject to the requirements of paragraph 12 as stated above. Notwithstanding the fact that there is no Finalized Combined Lot with respect to the any Stable Path Outlot located to the north of a Stable Path Lot,building permits may be issued by the City for the a-Stable Path Lot into which the Stable Path Outlot would be incorporated as set forth above and sucha Stable Path Lot may be sold by the Developer, provided, however, that, (1) if, at the time of the such sale, such Stable Path Outlot has become an Orphaned bOutlot,Developer shall only sell the Stable Path Lot together with the Orphaned Outlot,all subject to a Declaration and(2)if,prior to the Combination Deadline,there is no Finalized Lot Combination for such Stable Path Outlot,Developer's purchase agreement for the sale of such corresponding Stable Path Lot shall require that,if such Stable Path Outlot becomes an Orphaned Outlot,the purchaser(and its mortgagee)to take title to both the Stable Path Lot and such Stable Path Outlot(along with a Declaration(Declaration Regarding Outlot and Lot)and at the closing of such sale of such Stable Path Lot(unless(1)above is applicable or there is a Finalized Lot Combination with respect to such Stable Path Outlot) such requirement shall be memorialized in an instrument recorded at the conveyance of such Stable Path Lot,such instrument to be enforceable by the City and in form and content acceptable to the City. The"Declaration Regarding Outlot and Lot"shall bind the Orphaned Outlot and Stable Path Lot in the same manner required by the Declaration pertaining to the Finalized Combined Lots and shall be prior to any mortgage. Development Agreement—Stable Path 3 561562v2 LMW WD125-26 An Outlot that becomes an Orphaned Outlot shall be conveyed to the Stable Path Lot as follows: a. Outlot B,Stable Path into Lot 9,Stable Path; • -Formatted:Tab stops: -1",Left b. Outlot C,Stable Path into Lot 7,Stable Path; c. Outlot D,Stable Path into Lot 5,Stable Path; d. Outlot E,Stable Path into Lot 3,Stable Path; e. Outlot F,Stable Path into Lot 2,Stable Path;and f. Outlot G,Stable Path into Lot 1,Stable Path. 4. BUILDING LAYOUT AND BUILDING MATERIALS: A minimum of six homes shall be constructed with side loaded garages. Developer shall offer to prospective purchasers a variety of architectural styles, building materials and colors to provide variation throughout the neighborhood.Homes located next to each other may not have: the same architectural style. Prior to the issuance of a Land Alteration Permit,Developer shall provide the City Planner with the palette of choices for the home models,building materials and colors.Developer shall notify potential buyers of the house architectural style and building material colors selected for adjacent lots already under contract for sale. Developer shall encourage purchasers to select materials and colors that provide variation from selections made for homes on adjoining lots,provided however material and color selection is left to the discretion of the Developer and purchaser. 5. CASH PARK FEES: Developer shall pay cash park fees for 17 lots as required by City Code in effect as of the date of the issuance of the building permits for construction on the Property. 6. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement,City shall give 24 hour notice of such violation in order to allow a cure of such violation,provided however, City need not issue a building or occupancy permit for construction or occupancy on the Land while such a violation is continuing,unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 7. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release, defend and indemnify City, its elected and appointed officials, employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents. Developer shall not be released from its responsibilities to release, Development Agreement—Stable Path 4 561562v2 LMW WD125-26 defend and indemnify because of any inspection,review or approval by City. 8. FINAL PLAT: The final plat of the Property shall be recorded with the Hennepin County Registrar of Titles'Office,as applicable within 90 days of approval by the City Council or within 2 years of approval of the Preliminary Plat,whichever occurs first. If the final plat is not filed within the specified time,the City Council may,upon ten days written notice, to the Developer,consider a resolution revoking the approval. 9. GAS LINE EASEMENT MARKERS: Developer shall secure from Magellan Midstream Partners L.P.additional markers along the gas line easement across the northern part of the Property.Prior to the issuance of a land Alteration Permit,the Developer shall notify the City Planner of the number and location of additional markers. The additional markers shall be installed prior to the issuance of a Certificate of Occupancy for the first home. 10. GRADING,DRAINAGE,AND STORMWATER POLLUTION PREVENTION PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in the Plans is conceptual. Prior to the release of a land alteration permit for the Property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all wetland information,including wetland boundaries,wetland buffer strips and wetland buffer monument locations; all Stormwater Facilities,such as water quality ponding areas,stormwater detention areas, and stormwater infiltration systems; and any other items required by the application for and release of a land alteration permit.All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Developer shall furnish to the City Engineer and receive the City Engineers'written approval of a security in the form of a bond,cash escrow,or letter of credit,equal to 125%of the cost of said improvements as required by City Code. Prior to release of the grading security, Developer shall certify to the City that the Stormwater Facilities conform to the final grading plan and that the Stormwater Facilities are functioning in accordance with the approved plans. Developer shall employ the design professional who prepared the final grading plan. The design professional shall monitor critical phases of construction for conformance to the approved final grading plan and Stormwater Pollution Prevention Plan(SWPPP). The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved final grading plan and SWPPP. In addition, the design professional retained by the Developer to perform the monitoring of the Project shall be responsible for all monitoring,data entry and reporting to the PermiTrack ESC web-based erosion and Development Agreement—Stable Path 5 561562v2 LMW WD125-26 sediment permit tracking program utilized by the City. B. STORMWATER FACILITY CONSTRUCTION: Stormwater Facilities, including detention basins,retention basins,"Stormwater Infiltration"or"Filtration Systems" (such as rainwater gardens, vegetated swales, infiltration basins, vegetated filters,filter strips,curbless parking lot islands,parking lot islands with curb-cuts, traffic islands, tree box filters, bioretention systems or infiltration trenches) or "Underground Systems" (such as media filters, underground sand filters, underground vaults, sedimentation chambers, underground infiltration systems,pre-manufactured pipes,modular structures or hydrodynamic separators) shall be maintained by the Developer during construction and for a minimum of two(2)full growing seasons after completion of the development to ensure that soil compaction, erosion, clogging, vegetation loss, channelization of flow or accumulation of sediment are not occurring, and thereafter by the Owner of the Property. Planting and Maintenance Plans for the Stormwater Facilities (where appropriate) to ensure that the Stormwater Facilities continue to function as designed in perpetuity must be submitted prior to release of the first building permit for the Development. Developer shall employ the design professional who prepared the final grading plan to monitor construction of the Stormwater Facilities for conformance to the Minnesota Pollution Control Agency publication entitled "State of Minnesota Storm Water Manual" current edition the approved final grading plan and the requirements listed herein. All inspections of underground systems shall be performed by personnel that have approved OSHA confined space training. Maintenance techniques must be used during construction to protect the infiltration capacity of all Stormwater Infiltration Systems by limiting soil compaction to the greatest extent possible. This must include delineation of the proposed infiltration system with erosion control fencing prior to construction; installation of the infiltration system using low-impact earth moving equipment; and not allowing equipment,vehicles,supplies or other materials to be stored or allowed in the areas designated for stormwater infiltration during construction. In areas of structural infiltration Developer shall prior to construction of the infiltration system provide a plan that addresses: (i) construction management practices to assure the infiltration system will be functional; (ii), erosion control measures; (iii) infiltration capacity; (iv) performance specifications that the completed infiltration system must meet to be considered functional by City and (v)corrective actions that will be taken if the infiltration system does not meet the performance specification. Development Agreement—Stable Path 6 561562v2 LMW WD125-26 All Stormwater Infiltration Systems must be inspected prior to final grading to ensure that the area is infiltrating as proposed and to determine if corrective measures are required to allow infiltration as proposed. Field verification of post-construction infiltration rates must be provided to the City within 30 days after the first rainfall event of'h inch or greater after the Stormwater Infiltration Systems become operational. If infiltration rates are reduced a plan to restore adequate infiltration must be provided within 90-days of the field verification test. The work required to bring the Stormwater Infiltration System back into compliance be implemented within 60 days of City approval of the plan. Pervious surfaces shall be stabilized with seed and mulch or sod and all impervious surfaces must be completed prior to final grading and planting of the Stormwater Infiltration Systems. C. STORMWATER FACILITY INSPECTION AND MAINTENANCE: A Stormwater Maintenance Plan must be provided for operation and maintenance of all Stormwater Facilities to ensure they continue to function as designed in perpetuity prior to issuance of the Land Alteration Permit. The Stormwater Maintenance Plan must identify and protect the design,capacity and functionality of all Stormwater Facilities. The Maintenance Plan must contain at a minimum: the party(s) responsible for maintenance; access plans; inspection frequency; methods used for field verification of infiltration for Stormwater Infiltration Systems; routine and non-routine inspection procedures; sweeping frequency for all parking and road surfaces; plans for restoration of reduced infiltration for Stormwater Infiltration Systems; and plans for replacement of failed systems, all pursuant to and in accordance with Eden Prairie City Code Section 11.55,Subd.8. During construction and for two years following completion of construction, all Stormwater Facilities shall be inspected at a minimum of once annually to determine if the Stormwater Facility(s) is treating stormwater as designed and should occur within 72-hours after a rainfall event of one-inch or greater to verify infiltration. All Stormwater Facilities shall be kept free of debris, litter, invasive plants and sediment. Erosion impairing the function or integrity of the Stormwater Facilities, if any, must be corrected and any structural damage impairing or threatening to impair the function of the Stormwater Facilities must be repaired. The following criteria must be included in the inspection: • A storage treatment basin(including retention and detention basins) shall be considered inadequate if sediment has decreased the wet storage volume by 50 percent or dry storage volume by 25 percent of its original design volume. Development Agreement—Stable Path 7 561562v2 LMW WD125-26 • A Stormwater Infiltration System shall be considered inadequate if sediment has accumulated that impairs or has the potential to impair infiltration of stormwater. • An underground storage chamber shall be considered inadequate if sediment has decreased the storage volume by 50 percent of its original design volume. Based on this inspection,if a Stormwater Facility requires cleanout,the Stormwater Facility shall be restored to its original design and/or the infiltration capacity of the underlying soils must be restored and any surface disturbance must be stabilized within one year of the inspection date. After the two year period of maintenance,the Owner of the Property shall continue to be responsible for maintenance of the Stormwater Facilities. This shall include inspections at a minimum of once per every five years. Regular maintenance shall be conducted and must include regular sweeping of private streets,parking lots or drive aisles at a minimum of once per year; debris and litter removal;removal of noxious and invasive plants;removal of dead and diseased plants;maintenance of approved vegetation; re-mulching of void areas; replanting or reseeding areas where dead or diseased plants were removed; and removal of sediment build-up. Sediment build-up in above-ground Stormwater Infiltration or Filtration Systems shall to the extent practical be removed by hand.For any situations in which hand removal is not practical,Developer shall identify in the Stormwater Maintenance Plan procedures that will be implemented to protect functionality of the Stormwater Infiltration Systems. Areas above Underground Systems shall be kept free of structures that would limit access to the System for inspections, maintenance or replacement. D. STORMWATER POLLUTION PREVENTION PLAN (SWPPP): Prior to issuance of a land alteration permit,Developer shall submit to the City Engineer and obtain City Engineer's written approval of Stormwater Pollution Prevention Plan(SWPPP) for the Property. The SWPPP shall include all boundary erosion control features, temporary stockpile locations, turf restoration procedures, concrete truck washout areas and any other best management practices to be utilized within the Project. Prior to release of the grading bond,Developer shall complete implementation of the approved SWPPP. 11. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for irrigation of the landscaped areas on the Property. The irrigation plan shall be designed so that water is not directed on or over public trails and sidewalks. Developer shall complete implementation of the approved irrigation plan in accordance Development Agreement—Stable Path 8 561562v2 LMW WD125-26 with the terms and conditions of Exhibit C prior to issuance of any occupancy permit for the Property. 12. TREE REPLACEMENT PLAN: Prior to the issuance of a Land Alteration Permit for the Property,the Developer shall submit to the City Planner and receive the City Planner's written approval of an executed landscape agreement and a final Tree Replacement Plan for the Property including all proposed trees as depicted on the Exhibit B Plans. Prior to the issuance of a Land Alteration Permit for the Property, Developer shall also submit to the City Planner and receive the City Planner's written approval of a security in the form of a cash escrow, or letter of credit, equal to 150% of the cost of said improvements including all proposed trees, as depicted on the landscape and tree replacement plan on the Exhibit B Plans. The approved Tree Replacement Plan shall be consistent with the quantity,type,and size of all plant materials shown on the Tree Replacement Plan on the Exhibit B Plans. The approved Tree Replacement Plan shall include replacement trees of a 2.5-inch diameter minimum size for a shade tree and a 6-foot minimum height for conifer trees. The approved Tree Replacement Plan shall also provide that, should actual tree loss exceed that calculated herein,Developer shall provide tree replacement on a caliper inch per caliper inch basis for such excess loss. The installation shall conform to the approved Tree Replacement Plan including but not limited to the size,species and location as depicted on the Exhibit B Plans.Any changes, including but not limited to removal and relocation, to the Tree Replacement Plan or landscaping installed on the Property shall be reviewed and approved by the City prior to implementing said changes. Developer shall complete implementation of the approved Tree Replacement Plan as depicted on the Exhibit B Plans and in accordance with the terms and conditions of Exhibit C of this Development Agreement. 13. OTHER AGENCY APPROVALS: The Developer shall be responsible for submitting to the City Engineer, copies of all necessary approvals issued by other agencies for the project. These submittals are required prior to issuance by the City of the corresponding City permit(s).The agencies issuing such approvals include,but are not necessarily limited to, the following: the Minnesota Pollution Control Agency, Metropolitan Commission Environmental Services, and Riley Purgatory Bluff Creek Watershed District and Magellan Midstream Partners L.P. The City Planner may determine that conditions of approval required by the Riley Purgatory Bluff Creek Watershed District require changes to the City approvals which may entail additional City review, including public hearing(s) for recommendation by the Planning Commission and approval by the City Council. Developer consents to such additional review as determined by the City Planner and agrees to an extension pursuant to Minn. Stat.Section 15.99 of an additional 60 days for the addition review. Development Agreement—Stable Path 9 561562v2 LMW WD125-26 14. OUTLOT A: The Developer shall convey fee simple marketable title to Outlot A by Warranty Deed,free and clear of all encumbrances.Prior to recording the Developer shall submit the Warranty Deed to the City Engineer for review and written approval. After approval by the City Planner,Developer shall file the Warranty Deed with the Hennepin County Recorder immediately after the recording of the final plat and prior to recording of any document affecting the property including but not limited to any mortgage granted by the Developer or owners,their successors and/or assigns. Prior to the issuance of the first building permit for the Property,Developer shall submit to the City Engineer proof that the Warranty Deed has been recorded in the Hennepin County Recorder's Office. Outlot A shall not be subject to the terms and conditions of this Agreement. 15. OWNER'S SUPPLEMENT TO DEVELOPMENT AGREEMENT: The Owner's Supplements to this Agreement executed by and between the City of Eden Prairie and the following are attached hereto and made a part hereof. A. Randall J.Weber B. Kathryn R.Weber 16. PERFORMANCE STANDARDS: Developer agrees that the Property will be operated in a manner meeting all applicable noise,vibration, dust and dirt, smoke,odor and glare laws and regulations. Developer further agrees that the facility upon the Property shall be operated so noise, vibration, dust and dirt, smoke, odor and glare do not go beyond the Property boundary lines. 17. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the R1.9.5 District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD(list PUD number): 1. Minimum Lot Size.City Code requires a minimum lot size of 9,500 square feet in the R1-9.5 Zoning District. The Waiver allows a minimum lot size of 8,000 square feet for Lots 1-6 Block 2. 2. Minimum Lot Width.City Code requires a minimum lot width of 70 feet in the R1-9.5 Zoning District.The Waiver allows a minimum lot width of 60 feet for all of the lots except Lot 8,Block 2. 3. Minimum Lot Width on a Corner Lot.City Code requires a minimum lot width of 85 feet for corner lots in the R1-9.5 Zoning District.The Waiver allows a minimum lot width of 73.27 feet for Lot 8,Block 2. Development Agreement—Stable Path 10 561562v2 LMW WD125-26 4. Front Yard Setback along Dell Drive.City Code requires a minimum 30 foot front yard setback in the R1-9.5 Zoning District.The Waiver allows a 25'foot front yard setback for all of the lots 5. Front Yard Setback along Stable Path for Lot 8,Block 2.City Code requires a minimum 30 foot front yard setback in the R1-9.5 Zoning District.The Waiver allows a minimum 10'foot front yard setback along Stable Path for Lot 8,Block 2. 6. Side Yard Setback.The R1-9.5 Zoning District requires a minimum 5 foot side yard setback with a total of 15 feet with both sides. The Waiver allows a minimum 7.5 foot side yard setback on each side for a total of 15 feet with both sides for all of the lots. 18. REMOVAL/SEALING OF EXISTING WELL AND SEPTIC SYSTEMS: Prior to issuance by City of any permit for grading or building on the Property, Developer shall submit to the Chief Building Official and to obtain the Chief Building Official's written approval of plans for demolition and removal of existing septic systems and wells on the Property,and restoration of the Property. Prior to issuance by City of any permit for grading or building on the Property,Developer shall complete the demolition and removal of existing septic systems and wells on the Property and restore the Property. Prior to such demolition or removal,Developer shall provide to the City a deposit in the amount of$1,000 to guarantee that Developer completes implementation of the approved plan. The city shall return to Developer the $1,000 deposit at such time as the Chief Building Official has verified in writing that the Developer has completed implementation of the approved plan. 19. RETAINING WALLS: Prior to issuance by the City of any permit for grading or construction on the Property,Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's written approval of detailed plans for any retaining walls greater than four feet in height. These plans shall include details with respect to the height,type of materials,and method of construction to be used for the retaining walls Developer shall complete implementation of the approved retaining wall plan in accordance with the terms and conditions of Exhibit C,attached hereto,prior to issuance of any occupancy permit for the Property. All maintenance and repair of all retaining walls on the Property shall be the responsibility of the Developer,its successors and assigns. Development Agreement—Stable Path 11 561562v2 LMW WD125-26 20. SIDEWALK AND SIDEWALK CONSTRUCTION: A five (5) foot wide concrete public sidewalk(the"Sidewalk")shall be constructed as shown in the Plan within the right- of-way of Dell Drive on the south side of Dell Drive as depicted in the Plans. Developer shall complete implementation of the Sidewalk in accordance with the Plans prior to issuance of any occupancy permit for the Property. Bonding shall be provided in accordance with City Code for sidewalk construction. 21. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City Code, Section 11.70, Developer shall file with the City Planner and receive the City Planner's written approval of an application for a sign permit. The application shall include a complete description of the sign and a sketch showing the size,location,the manner of construction,and other such information as necessary to inform the City of the kind,size, material construction,and location of any such sign,consistent with the sign plan shown on the Plans and in accordance with the requirements of City Code, Section 11.70, Subdivision 5a. 22. SPECIAL ASSESSMENT AGREEMENT: Prior to the release of the final plat for the Property, an assessment agreement, in the form and substance as attached in Exhibit D, shall be signed by the owner(s)of the Property with the City for trunk sewer and water assessments on an assessable area of 5.908 acres in the amount of$51,346.43. 23. STREET AND UTILITY PLANS: Prior to issuance by the City of any permit for the construction of streets and utilities for the Property, Developer shall submit to the City Engineer, and obtain the City Engineer's written approval of plans for public streets, sanitary sewer,water and storm sewer. Plans for public infrastructures shall be of a plan view and profile on 24 x 36 plan sheets consistent with City standards. Prior to release of the final plat for the Property,Developer shall furnish to the City Engineer and receive the City Engineer's written approval of a surety equal to 125% of the cost of said improvements. A permit fee of five percent of construction value shall be paid to City by Developer. The design engineer shall provide daily inspection, certify completion in conformance to approved plans and specifications and provide record drawings. 24. THOMFORDE TRAIL: Developer shall file an application for vacation of Thomforde Trail right-of-way. The application shall be filed far enough in in advance of consideration of approval of the Final Plat so that the City Council may hold a public hearing to consider vacation of Thomforde Trail right-of-way. If the vacation is approved Developer shall remove the water main,hydrant and pavement,relocate the street light and storm sewer, abandon the sanitary sewer,install new curb and gutter along Cole Court,and replace the driveway at 18109 Cole Court in accordance with the Exhibit B Plans.The vacation shall be conditioned upon the property owners for Lot 1,Block 4,Stonegate of Eden Prairie and Lot 22, Block 1, Stonegate of Eden Prairie granting to the City drainage and utility easement(hereinafter the"Easements")on,over,under and across the vacated right-of way as follows: Development Agreement—Stable Path 12 561562v2 LMW WD125-26 (a) A drainage and utility easement on,over,under and across the most northerly 10 feet of the westerly one-half of the vacated right-of-way(Lot 22,Block 1,Stonegate of Eden Prairie); (b) A drainage and utility easement on, over,under and across the most northerly 10 feet of the easterly one-half of the vacated right-of-way(Lot 1,Block 4,Stonegate of Eden Prairie); (c) A drainage and utility easement on,over,under and across the most easterly 5 feet of the vacated right-of-way(only Lot 1,Block 4,Stonegate of Eden Prairie); (d) A drainage and utility easement on,over,under and across the most westerly 5 feet of the vacated right-of-way(only Lot 4,Block 1,Stonegate of Eden Prairie). The City has previously approved the form of the proposed Easements from the property owners of Lot 1,Block 4 and Lot 22,Block 1. Developer shall record the Easements with the Hennepin County Recorder within thirty(30)days after the recording of the vacation of Thomforde Trail. Prior to the issuance of the first building permit for the Property,Developer shall submit to the City Engineer proof that the Easements have been recorded in the Hennepin County Recorder's Office. Development Agreement—Stable Path 13 561562v2 LMW WD125-26 IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. CITY OF EDEN PRAIRIE By Ronald A.Case Its Mayor By Rick Getschow Its City Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of April 2019,by Ronald A. Case and Rick Getschow,respectively the Mayor and the City Manager of the City of Eden Prairie,a Minnesota municipal corporation,on behalf of said corporation. Notary Public Development Agreement—Stable Path 14 561562v2 LMW WD125-26 Wooddale Builders,Inc. By Its STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of April,2019,by Steven Schwieters,the President of Wooddale Builders,Inc.,a Minnesota corporation,on behalf of the corporation. . Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Development Agreement—Stable Path 15 561562v2 LMW WD125-26 EXHIBIT A DEVELOPMENT AGREEMENT-STABLE PATH Legal Description Before Final Plat That part of Outlot B,Crestwood 73,according to the recorded plat thereof on file in the office of the Register of Deeds in and for Hennepin County,Minnesota,lying North of a line 403.00 feet South of,measured at a right angle to and parallel with the most Northerly line of said Outlot B; EXCEPT All that part of the northerly 403.00 feet of Outlot B,Crestwood 73,County of Hennepin,State of Minnesota,described as follows: Commencing at the southwest corner of the said northerly 403.00 feet of Outlot B;thence North 00 degrees 15 minutes 01 seconds East, assumed bearing, along the westerly line of the said northerly 403.00 feet of Outlot B,a distance of 66.21 feet;thence North 78 degrees 15 minutes 01 seconds East a distance of 14.40 feet; thence North 00 degrees 02 minutes 23 seconds East a distance of 51.08 feet;thence North 78 degrees 15 minutes 01 seconds East a distance of 26.69 feet;thence South 00 degrees 15 minutes 01 seconds West a distance of 126.81 feet to a point on the southerly line of the said northerly 403.00 feet of Outlot B;thence North 88 degrees 20 minutes 57 seconds West,along said southerly line,a distance of 40.01 feet to the point of beginning. Abstract Property. Legal Description After Final Plat Lots 1-9,Block 1; Lots 1-8,Block 2,Stable Path,and Outlots A,B,C,D E,F,and G Hennepin County,Minnesota(the"Stable Path Lot(s)") Development Agreement—Stable Path 16 561562v2 LMW WD125-26 EXHIBIT B DEVELOPMENT AGREEMENT-STABLE PATH Exhibit B Alta/NSPS Land Title Survey dated 10/10/2018 by Sathre-Bergquist,Inc. Preliminary Plat dated 02/07/2019 by Sathre-Bergquist,Inc. Title Sheet dated 02/04/2019 by Sathre-Bergquist,Inc. Final Street Plan dated 02/04/2019 by Sathre-Bergquist,Inc. Final Sewer and Watermain Plan dated 02/04/2019 by Sathre-Bergquist,Inc. Final Storm Sewer Plan dated 02/04/2019 by Sathre-Bergquist,Inc. Final Grading Plan dated 02/04/2019 by Sathre-Bergquist,Inc. Final Grading Plan dated 02/04/2019 by Sathre-Bergquist,Inc. Final Erosion Control Plan dated 02/04/2019 by Sathre-Bergquist,Inc. Thomforde Trail Removal Plan dated 02/04/2019 by Sathre-Bergquist,Inc. City Details dated 01/21/2019 by Sathre-Bergquist,Inc. City Details dated 01/21/2019 by Sathre-Bergquist,Inc. Tree Survey dated 01/21/2019 by Sathre-Bergquist,Inc. Tree Replacement Plan dated 01/21/2019 by Minnesota Green,Inc. Development Agreement—Stable Path 17 561562v2 LMW WD125-26 EXHIBIT C DEVELOPMENT AGREEMENT-STABLE PATH I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan(1"=100'scale)showing existing and proposed contours, proposed streets, and lot arrangements and size, minimum floor elevations on each lot,preliminary alignment and grades for sanitary sewer,water main,and storm sewer, 100-year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots,location of walks,trails,and any property deeded to the City. II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. III. Developer shall pay cash park fees as to all of the Property required by City Code in effect as of the date of the issuance of each building permit for construction on the Property. IV. If Developer fails to proceed in accordance with this Agreement within twenty-four(24) months of the date hereof,Developer,for itself,its successors,and assigns,shall not oppose the City's reconsideration and rescission of any Rezoning,Site Plan review and/or Guide Plan review approved in connection with this Agreement,thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. V. Provisions of this Agreement shall be binding upon and enforceable against the Property and the Owners,their successors and assigns of the Property. VI. The Developer hereby irrevocably nominates,constitutes,and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VII. Developer represents that it has marketable fee title to the Property,except: INSERT ANY NAME/COMPANY LISTED IN ANY OWNER'S SUPPLEMENT TO THE DEVELOPER'S AGREEMENT) Randall J.Weber and Kathryn R.Weber With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement,to dedicate or convey to the City(the"Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: Development Agreement—Stable Path 18 561562v2 LMW WD125-26 A. That Developer has marketable fee title free and clear of all mortgages,liens,and other encumbrances. Prior to final plat approval,Developer shall provide to the City a current title insurance policy insuring such a condition of title. B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property,any hazardous substance, hazardous waste,pollutant, or contaminant, including,but not limited to,those defined in or pursuant to 42 U.S.C. § 9601, et. seq.,or Minn. Stat., Sec. 115B.01,et. seq.(such substances,wastes,pollutants,and contaminants hereafter referred to as"Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the Property, any Hazardous Substances. D. That no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify,defend and hold harmless City,its successors and assigns, against any and all loss,costs,damage and expense,including reasonable attorney's fees and costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were,or are claimed or alleged to have been,used,employed,deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer,its employees,agents,contractors or representatives. VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning,and Chapter 12, Subdivision Regulations,of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. IX. Prior to release of the final plat,Developer shall pay to City fees for the first three(3)years' street lighting on the public streets adjacent to the Property(including installation costs,if any,as determined by electrical power provider),engineering review,and street signs. X. Developer shall submit detailed water main,fire protection,and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. XI. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special,unique,and of an extraordinary character,and that, in the event that Developer violates, or fails, or refuses to perform any covenant, Development Agreement—Stable Path 19 561562v2 LMW WD125-26 condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees, therefore, that in the event Developer violates, fails, or refuses to perform any covenant,condition,or provision made herein,City may,at its option,institute and prosecute an action to specifically enforce such covenant,withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. XII. Developer shall,prior to the commencement of any improvements,provide written notice to Comcast of the development contemplated by this Development Agreement. Notice shall be sent to Comcast Cable, 14404 Excelsior Blvd.,Minnetonka,Minnesota 55305 or CenturyLink, 14200 Wayzata Blvd.Ste F.,Minnetonka,MN 55305. XIII. Prior to building permit issuance,all fees associated with the building permit shall be paid to the Inspections Department, including; Building permit fee, plan check fee, State surcharge, metro system access charge (SAC), City SAC and City water access charge (WAC), and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units. XIV. Prior to building permit issuance, except as otherwise authorized in the approved Plans, existing structures,wells and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. XV. Prior to building permit issuance,provide two copies of an approved survey or site plan (1" = 200 scale) showing proposed building location and all proposed streets, with approved street names,lot arrangements and property lines. XVI. The City shall not issue any building permit for the construction of any building,structure, or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. XVII. No failure of the City to comply with any term,condition,covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges.No execution on any claim,demand,cause of action or judgment shall be levied upon or collected from the general credit,general fund or taxing powers of the City. XVIII.Prior to issuance of the first building permit for the Property,Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2'A by 6 inch sign or decal reading "Scenic/Conservation Easement Boundary,City of Eden Prairie",will be affixed to the top of the post. Development Agreement—Stable Path 20 561562v2 LMW WD125-26 XIX. Within 10 days of the approval of the Development Agreement,the Developer shall record the Development Agreement at the County Recorder and/or Registrar of Titles.The final plat shall not be released until proof of filing of the Development Agreement is submitted to the City. XX. The City is hereby granted the option, but not the obligation, to complete or cause completion in whole or part of all of the Developer's obligations under this Agreement for which a bond,letter of credit,cash deposit or other security(hereinafter referred to as the "Security")is required if the Developer defaults with respect to any term or condition in this Agreement for which Security is required and fails to cure such default(s)within ten (10)days after receipt of written notice thereof from the City;provided however if the nature of the cure is such that it is not possible to complete the cure within ten(10)days,it shall be sufficient if the Developer has initiated and is diligently pursuing such cure.The Developer acknowledges that the City does not assume any obligations or duties of the Developer with respect to any such contract agreements unless the City shall agree in writing to do so. The City may draw down on or make a claim against the Security, as appropriate,upon five (5) business days notice to the Developer, for any violation of the terms of this Agreement or if the Security is allowed to lapse prior to the end of the required term. If the obligations for which Security is required are not completed at least thirty(30) days prior to the expiration of the Security and if the Security has not then been renewed, replaced or otherwise extended beyond the expiration date,the City may also draw down or make a claim against the Security as appropriate. If the Security is drawn down on or a claim is made against the Security,the proceeds shall be used to cure the default(s)and to reimburse the City for all costs and expenses,including attorneys'fee,incurred by the City in enforcing this Agreement. XXI. The Developer hereby grants the City, it's agents, employees, officers and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with this Agreement. XXII. This Agreement is a contract agreement between the City and the Developer. No provision of this Agreement inures to the benefit of any third person,including the public at large,so as to constitute any such person as a third-party beneficiary of the Agreement or of any one or more of the terms hereof,or otherwise give rise to any cause of action for any person not a party hereto. XXIII.Except as specifically authorized by the Director of Public Works,no permit shall be issued for the Property until the Developer has recorded the final plat with Hennepin County Recorder's Office/Registrar of Titles'Office. Development Agreement—Stable Path 21 561562v2 LMW WD125-26 XVII. Developer shall pay upon demand to the City all costs incurred by the City in conjunction with the Applications. These costs include internal City administrative, planning and, engineering costs and consulting costs, including but not limited to legal, engineering, planning and financial, in review, investigation, administering and processing the Applications and implementation of the approvals granted by the City. Development Agreement—Stable Path 22 561562v2 LMW WD125-26 EXHIBIT D DEVELOPMENT AGREEMENT- STABLE PATH AGREEMENT REGARDING SPECIAL ASSESSMENTS THIS IS AN AGREEMENT MADE THIS day of ,2019,between the City of Eden Prairie, a municipal corporation, (the "City") and Wooddale Builders, Inc. (the "Owner"). A. The Owner holds legal and equitable title to property described as ,Hennepin County,Minnesota,which property is the subject of this Agreement and is hereinafter referred to as the"Property". B. The Owner desires to develop the property in such a manner that relies upon the City's trunk utility system, including trunk sanitary sewers, trunk watermains, wells, elevated storage facilities and a water treatment plant(all of which is hereafter referred to as the"Improvement"). C. The parties hereto desire to enter into an Agreement concerning the financing of the construction of the Improvements all of which will inure to the benefit of the Property. AGREEMENTS IT IS HEREBY AGREED as follows: 1. The Owner consents to the levying of assessments against the Property in the amount of$51,346.43 for the Improvements. 2. The City's assessment records for the Property will show the assessments as a "pending assessment"until levied. 3. The Owner waives notice of any assessment hearing to be held at which hearing or hearings the assessment is to be considered by the City Council and thereafter approved and levied. 4. The Owner concurs that the benefit to the Property by virtue of the Improvements to be constructed exceeds the amount of the assessment to be levied against the Property. The Owners waive all rights it has by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of the assessments,or the procedures used by the City in apportioning the assessments and hereby releases the City, its officers,agents and employees from any and all liability related to or arising out of the imposition or levying of the assessments. Development Agreement—Stable Path 23 561562v2 LMW WD125-26 5. This Agreement shall be effective immediately. 6. This Agreement may not be terminated or amended except in writing executed by both parties hereto,provided however upon the levying of the special assessments contemplated by Paragraph 1 hereof the City may upon request of the owners of the property affected,without the necessity of further City Council approval,unilaterally prepare and provide to the owner for recording a document releasing any property so levied from this Agreement. 7. This Agreement constitutes a lien on the Property in the amount of$51,346.43 until such time as the assessments referred to above are levied. OWNER CITY OF EDEN PRAIRIE Wooddale Builders,Inc. A Minnesota corporation A Minnesota Municipal Corporation By: NOT TO BE SIGNED By: NOT TO BE SIGNED Ronald A.Case Its Mayor By: NOT TO BE SIGNED Rick Getschow, Its City Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2019,by Ronald A. Case,the Mayor, and Rick Getschow,the City Manager, of the City of Eden Prairie,a Minnesota municipal corporation,on behalf of the corporation. Notary Public Development Agreement—Stable Path 24 561562v2 LMW WD125-26 STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2019, by Steven Schwieters, the President of Wooddale Builders, Inc., a Minnesota corporation, Owner,by and on behalf of said corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Development Agreement—Stable Path 25 561562v2 LMW WD125-26 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 2, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/Planning Abra Auto Body Ordinance VIII.C. Janet Jeremiah/Julie Klima Requested Action Move to: Approve 1st and 2nd Reading of an Ordinance Amending Ordinance No. 2019-3, Resolution Nos. 2019-16 and 2019-17, and Development Agreement between KTJ 315 LLC and the City of Eden Prairie. Synopsis On January 22, 2019, the City granted final approvals to the Abra Auto Body project proposed to be constructed at 13045, 13075 and 13105 Pioneer Trail. The project includes the construction of an approximate 18,000 square foot Abra Auto Body building. A condition of approval included in the Ordinance and Resolutions approving the project included that the City be provided by March 25, 2019 with an updated title reflecting ownership to Oppidan Holdings LLC. Background Abra Auto Body is in the process of a merger with Caliber Collision. The merger has impacted the timing of submittal of the required title work. The attached Ordinance would amend the original approvals to retroactively extend the timeline to submit the necessary title information to May 31, 2019. As a result of the merger, the building will be rebranded to reflect the Caliber Collision logo and building colors. The building materials and architecture will remain as presented in the approved plans. Attachment Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2019 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING ORDINANCE NO. 2019-3, RESOLUTION NOS. 2019-16 AND 2019-17 AND DEVELOPMENT AGREEMENT DATED JANUARY 22, 2019 BETWEEN KTJ 315 LLC AND THE CITY OF EDEN PRAIRIE WHEREAS, The City Council approved Ordinance No. 2019-3 and Resolution Nos. 2019- 16 and 2019-17 and Development Agreement between KTJ 315 LLC and City of Eden Prairie on January 22, 2019, approving the plans for the construction of an Abra Auto Body; and WHEREAS, The Ordinance, Resolutions, and Development Agreement were approved contingent upon receipt by the City of an amendment to Title Insurance Commitment No. NCS- 896608-MPLS for the Property showing that title to the Property is vested solely in Oppidan Holdings, LLC, a Minnesota limited liability company; and removing reference to Kal Stay, LLC, a Minnesota limited liability company, no later than March 25, 2019; and WHEREAS,Abra Auto Body and Caliber are in the process of a corporate merger which has impacted the timeline to provide an amendment to Title Insurance Commitment No. NCS- 896608-MPLS by March 25, 2019; and WHEREAS, Oppidan Holdings, LLC advised the City of the matter on March 26, 2019. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS as follows: Section 1. This ordinance amends Ordinance No. 2019-3, Resolution Nos. 2019-16 and 2019-17 and Development Agreement between KTJ 315 LLC and the City of Eden Prairie dated January 22, 2019 to retroactively extend the date by which an amendment to Title Insurance Commitment No. NCS-896608-MPLS for the Property showing that title to the Property is vested solely in Oppidan Holdings, LLC, a Minnesota limited liability company; and removing reference to Kal Stay, LLC, a Minnesota limited liability company, shall be provided to the City by May 31, 2019, and shall become effective from and after its passage and publication. Section 2. This Ordinance shall be effective immediately upon its passage and publication FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 2nd day of April, 2019, and finally read and adopted and ordered published at a regular meeting of the City Council on the 2nd day of April, 2019. Kathleen Porta, City Clerk Ronald A. Case, Mayor Published in the Eden Prairie News on the day of , 2019. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 2, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Randy L. Slick Final Plat of Stable Path VIII.D. Public Works/Engineering Requested Action Move to: Adopt the resolution approving the final plat of Stable Path. This proposal is for the plat located at 9650 Stable Path. This plat consists of 5.9 acres to be platted into 17 single family lots, 7 outlots and right of way dedication for street purposes. This proposal is a replat that part of Outlot B, Crestwood 73. Background Information The preliminary plat was approved by the City Council on February 19, 2019. Second reading of the Rezoning Ordinance and final approval of the Developer's Agreement will be approved by the City Council on April 2, 2019. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$1,360.00. • Receipt of street lighting fee in the amount of$2,095.63 • Receipt of street sign fee in the amount of$763.00 • Prior to release of the final pat, Developer shall execute a Special Assessment Agreement for trunk sewer and water in the amount of$51,346.43. • The requirements as set forth in the Developer's Agreement. • Prior to release of final plat, Developer shall submit a 1"=200' scale reduction of final plat. • Prior to release of final plat, Developer shall submit a disk in AutoCAD format in Hennepin County coordinates containing parcel and easement data. • Satisfaction of bonding requirements for the installation of public improvements. • Developer shall submit a permit fee of five percent of the construction value of the public improvements prior to the release of the final plat. Attachments Resolution Drawing of final plat CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2019- A RESOLUTION APPROVING FINAL PLAT OF STABLE PATH WHEREAS, the plat of Stable Path has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder; and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: A. Plat approval request for Stable Path is approved upon compliance with the recommendation of the Final Plat Report on this plat dated April 2,2019. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners of the subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on April 2, 2019. Ronald A. Case,Mayor ATTEST: SEAL Kathleen Porta, City Clerk STABLE PATH C.R.DOC.NO. 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EDEN PRAIRIE MINNESOTA I 1• C.o.a.inch open pipe fount t!"`1 I,pintofSTABLE PATr..n.aPPto.dand=cmrd by l6eelry[=thwart of Me Clry ofEdon P.Wm Mlnmwmwvmgulurmming n.W lhie y I * Dooe.a foundttMt and madad=M. Sn 5 n 5 Se. Intl _ol9.mJ wlJ plot in ln<ompimnm Wmlhe v.AIAon.OrMinmwm SOOOt Sedan SOS.OI.suld.2 (4000723.E) DenAOded and CRESTWOOD rl Met hmting Cory Council,City of Edon rmitc,Minnoom SCALE IN FEET DRAINAGE AND UOLI,EASEMENTS ARE MAT!THU. I I BY Xlmor By City ClothCURVE AND UNE TABLE The book for.Mooing,mmmi.the non/Mine,' TAG/ LENGIN DELTA RADIUS BEARING CHORD BEARING CHORD DISTANCE oudoR 9*come00CRESTIVOO lino lM condal0 . SJ Nand g9*come Ov.lour®16 wvoaa Wn. RESIDENT AND REAL ESTATE SERVICES -- Cl 20.03 4739'09' 150.00 N73Z004'E 2102 I I Bcmmin Cuunry,minim. I I -- - ,lux*cnlfym.mxw Archie In mad prim,.have km pale for land de.alhd ao mM pm4 dn.Oda day.. 2010. I I-S I Mork V,Chopim County Audio* -- 1 __IL- 1 -- mury , NOT TO SCALE. t COUNTY RECORDER WRYLY MSIOn • Hoamly Count.Mlnumm la"daiw mold 10 rueIn Walnonnldudl,Ulp rightoorny 11524 H m County.Mlnnoo.= oln.other,*lndicmda.Nmm on MOM I booby wary Jul...in plot or STABLE PATIrwne recorded in Oda offcemie_day of .01, -o'clect_M Par..to MinnmmSomeaSurbn 08311565(NM Jde plat hou boon approve)dale ,door.- 1019, Maven Mee9m1¢1t,con.Recorder aria F.w.INe n1Y:ne.e,a. By: <9N2 0 ?�'i11 SATHRE-BERGQUIST.INC. BC : ' � CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 2, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: #16-5944 Adopt ITEM NO.: Resolution Approving Appraisal Values and Carter Schulze VIII.E. Authorizing Property Acquisition Related to the Public Works /Engineering Town Center Station Project Requested Action Move to: Adopt a resolution approving the appraisal values for the property acquisitions for the Town Center Station Project, City Project Number I.C. 16-5944 (the"Project") and authorizing the City Attorney and City Engineer to acquire the properties for the Project by direct negotiation or condemnation. Synopsis The City of Eden Prairie received a Congestion Management and Air Quality(CMAQ) grant from the Federal Transit Administration for the construction of the Town Center Station and Eden Road Extension. The City Council previously approved the grant agreement. This action adopts a resolution approving the appraisal values for the properties to be acquired and authorizes the City Attorney and City Engineer to acquire the areas of the adjacent properties needed for the Project. Background Information 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 City Council previously authorized the City Engineer to proceed with the Project. The Project includes the acquisition of land in fee, temporary easements, and other rights and interest by the City from various property owners. The City obtained market value appraisals for three parcels as detailed on Exhibit A, which is provided to the City Council only as confidential non-public data. Subject to City Council approval, the City Attorney and City Engineer will present the market value appraisals to the property owners for the purposes of acquisition of land in fee, temporary easements, and other rights and interest by the City by either direct negotiation or condemnation. Attachments Resolution Parcel Map and Sketches CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2019- RESOLUTION APPROVING THE APPRAISAL VALUES AND ACQUISITION OF PROPERTY RELATED TO THE TOWN CENTER STATION PROJECT,CITY PROJECT NO.: I.C. 16-5944. 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 known as the Town Center Station Project, City Project No.: I.C. 16-5944(the"Project"); and WHEREAS, the construction of the Project will require the acquisition of land in fee, permanent, and temporary construction easements, and other rights and interest by the City; and WHEREAS, the City retained an independent appraiser who provided appraisals stating the fair market value of the properties proposed to be acquired; and WHEREAS,the City Attorney and City Engineer will use the appraisals to make offers to purchase the needed property rights from the impacted property owners either by direct negotiation or condemnation for the values stated in the non-public exhibit provided to the City Council; and WHEREAS,the Project construction schedule contemplates that work will begin in Fall 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 in the amounts set forth in the non-public exhibit previously provided to the City Council. 3. The City Attorney and City Engineer are authorized and directed to take all steps necessary to acquire the property for the Project described in the non-public exhibit 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 , 2019. Ronald A. Case,Mayor ATTEST: SEAL Kathleen Porta, City Clerk I I I I 7/\ I --------41 } L__ i •_.. , , _ ______-_-L I r I --.... .. •- - •._ _ . _. _ _ __ ( , _ k, 4 `. — 1 .k I4-ttE -24 4 I I II / r ' 40P ' \ I Iqc' itiST D'AE R i r _wcro�,y�Y I *pTE. 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'�„11,..b•.. ,..�7 _ CER lRRCA TE OF SURVEY sHEEf = am.Mm.+IMIm FIB I IPraposed Fee Title Taking) ; �m �� f ii eo SOUTHWEST L RT�den Prairie MiannufOJ Yl. ]G u• LY ' - Town Cerner Staten 1F ��Lr �■LK.rr yR ■r— 2 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 2, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Joe Dusek Award Contract for Annual Cleaning Services at the VIILF. Public Works/Utilities Water Treatment Plant Requested Action Move to: Award contract for Annual Cleaning Services at the Water Treatment Plant to Castro Cleaning LLC in the amount of$44,400. Synopsis The City of Eden Prairie Utilities Division obtained quotes from two cleaning contractors for annual cleaning services for the Water Treatment Plant. The two quotes are as follows: Castro Cleaning LLC. $44,400 Vanguard Cleaning Systems $47,400 Background Information Cleaning services at the Water Treatment Plant are currently being provided by ABM at an annual cost of over $50,000. City staff solicited quotes from other cleaning service providers. Castro Cleaning LLC provided the lowest quote. The current contract with ABM will be terminated on April 30, 2019, and Castro Cleaning LLC will begin on May 1, 2019. Attachment Contract 2017 06 01 Agreement for Contract Services This Agreement ("Agreement") is made on the 2nd day of April 2019, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Castro Cleaning LLC, a Minnesota cleaning (hereinafter "Contractor") whose business address is 450 Victoria St. N., St. Paul, MN 55104. 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 cleaning at the water treatment plant hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. 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. Effective Date and Term of Agreement. This Agreement shall become effective as of May 1, 2019. The Agreement shall continue for one (1) year thereafter, and automatically renew from year to year after expiration of said one year period except that this Agreement may be terminated at the end of any one (1)year period with sixty (60) days prior written notice from either party. 3. Obligations of Contractor. Contractor shall conform to the following obligations: a. Contractor shall provide the materials and services as set forth in Exhibit A. b. Contractor and its employees will park in service areas or lots and use entries and exits as designated by City. Contractor's personnel will contact the appropriate person (i.e. receptionist, maintenance personnel, security, etc,) immediately upon entering the building, and will sign in and out if required by City. c. Care, coordination and communication by Contractor is imperative so that guests and employees in the buildings are not disturbed or inconvenienced during the performance of the contracted services. d. Contractor's personnel must be neat appearing, wear a uniform and badge that clearly identifies them as a service contractor, and abide by City's no smoking policies. e. Contractor must honor the City's request to reassign an employee for cause. Cause may include performance below acceptable standards or failure to present the necessary image or attitude, in the judgment of the owner, to present a first class operation. f. When necessary, Contractor's personnel will be provided with keys or access cards in order to perform their work. Any lost keys or cards that result in rekeying a space or other cost to the City will be billed back to the Contractor. 4. City's Obligations. City will do or provide to Contractor the following: a. Provide access to City properties as appropriate. b. Provide restroom facilities as appropriate. 5. Compensation for Services. City agrees to pay the Contractor a monthly sum of$3700.00, with total payments made in each one year period not to exceed $44,400.00 as full and complete payment for the labor, materials and services rendered pursuant to this Agreement and as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 6. Method of Payment. a. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City. b. 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." c. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid. 7. Project Manager. The Contractor shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the Standard Agreement for Contract Services 2017 06 01.01 Page 2 of 10 completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the Project 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 Agreement. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 9. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits 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.) Umbrella or Excess Liability $1,000,000 Standard Agreement for Contract Services 2017 06 01,01 Page 3 of 10 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. 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 polices shall contain a waiver of subrogation in favor of the City. h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Agreement. j. Contractor agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City's written acceptance of the Work. k. It shall be Contractor's responsibility to pay any retention or deductible for the coverages required herein. 1. 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. Standard Agreement for Contract Services 2017 06 01.01 Page 4 of 10 n. A copy of the Contractor's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor's Work. Upon request a copy of the Contractor's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City's right to enforce the terms of Contractor's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor's Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. 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, Standard Agreement for Contract Services 2017 06 01.01 Page 5 of 10 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. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Agreement and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Agreement, from the date of City's written acceptance of the Work. The City's rights under the Contractor's warranty are not the City's exclusive remedy. The City shall have all other remedies available under this Agreement, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY'S REMEDY OR THE CONTRACTOR'S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. The Contractor shall post bonds to secure the warranties. 12. 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 Standard Agreement for Contract Services 2017 06 01.01 Page 6 of 10 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, teiinination 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. 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. 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. 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. Standard Agreement for Contract Services 2017 06 01.01 Page 7 of 10 16. 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. 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 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. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Contractor 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 Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision Standard Agreement for Contract Services 2017 06 01.01 Page 8of10 of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. 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 Contractor 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 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. b. Data Practices. Any reports, information, or data in any form 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. 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 Standard Agreement for Contract Services 2017 06 01.01 Page 9 of 10 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. 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 CONTRACTOR By: Its: Standard Agreement for Contract Services 2017 06 01.01 Page 10 of 10 Exhibit A Perform the attached cleaning service schedule at the Eden Prairie Water Treatment Plant. All work will be performed daily, Monday through Friday, during the hours of 8:00 A.M. to 3:30 P.M. Central Standard Time. No work will be performed on City observed Holidays. SERVICEi Daily Weekly Monthly MAIN ENTRANCE/LOBBY/RECEPTION AREAS Spot clean all interior area and lobby front doors and entrance glass x Vacuum and rollup walk off mats to mop underneath x Sweep or dust mop and damp mop floor surfaces x Dust and remove debris from metal entrance thresholds x Empty trash containers and remove garbage and recycling to the designated area x Damp wipe reception counters,spot clean exterior face of reception area x Inspect and pick up,as needed,building entrance area x Damp wipe and sanitize phones at reception desk(handsets and bases) x Dust window sills,furniture,flat surfaces,and picture frames;wipe/vacuum reception seating x Squeegee all interior entrance and vestibule glass x Dust high reach areas including vents,and grills x Remove cobwebs from upper and lower corners x Clean baseboards,edges and corners x HALLWAYS AND COMMON AREAS Dust and damp mop resilient floor areas and spot clean to remove spills and stains x Vacuum and roll walk off mats x Vacuum carpeted walkway areas x Empty trash containers and remove garbage and recycling to the designated area x Spot clean any internal window glass(this does not include the inside of exteriorfocing gloss) x Clean and disinfect water fountains if present x Dust furniture,credenzas,tables,and cabinets,and picture frames x Dust window ledges,and low reaching areas including baseboards and moldings x Remove cobwebs from upper and lower corners x Vacuum carpeted areas edge to edge x Clean baseboards,carpet edges and corners x RESTROOMS and LOCKERROOMS Restock toilet paper,paper towels,hand soap,and other supplies x Empty trash containers and remove garbage to the designated area.Wipe recepticals x Empty sanitary napkin receptacle and spray and clean with a disinfectant x Disinfect door handles,partition handles,dispensers and light switches x High dust tops of doors,partitions,mirrors and air vents x Dust sweep and damp mop ceramic and resilient floor surfaces with disinfectant x Clean and sanitize restroom fixtures including toilet bowls,toilet seats,urinals,and sinks x Clean and polish mirrors,glass and chrome x Clean and santize showers x Pour hot water down floor drains to prevent dried traps and sewer gas back ups x PLANTSERVICE SCHEDULE EDEN PRAIRIE WATER TREATMENT Per Visit Weekly Monthly OFFICE /CUBICLES/ADMINISTRATIVE WORK AREAS/CONFERENCE ROOMS Empty trash containers and remove garbage and recycling to the designated area x - Vacuum carpeted walkway areas(Return chairs,furniture,and waste containers to proper positions) x Spot clean side light glass and internal window glass(this does not include inside of exterior facing glass) x Clean and wipe down conference table(s)and arrange chairs around conference table(s) _- x Dust furniture,desks,chairs,credenzas,tables,and cabinets. Papers/folders not moved x Dust computer screens and other office equipment per client instructions _- x Dust window ledges and low reaching areas including baseboards and moldings x Empty shredder bags if applicable _- x Dust window blinds and high reach areas,including:shelves,ledges,vents,and grills _- x Remove cobwebs from upper and lower corners -- x Completely clean all interior glass(this does not include the inside of exterior facing glass) x Vacuum carpeted areas edge to edge -- x Clean baseboards,carpet edges and corners x I<ITCIiEN/BREAKROOM 3 ' Empty trash containers and remove garbage and recycling to the designated area x Damp wipe exterior and interior of microwave ovens x Clean front,tops,and sides of trash receptacles with a disinfectant as needed x Sweep and damp mop tile floor or vacuum carpeted floor if applicable x Clean and polish drinking fountain(s)and or water cooler(s)if present x Wipe exterior of refrigerator and other appliances(Interior fridge service available for a charge) -- Damp wipe table tops,counters,and exteriors of cabinets Clean and sanitize sinks(client responsible for dishes) --- Remove cobwebs from upper and lower corners x Clean fridges in breakroom(per customer's posted schedule) WATER TREATMENT AREAS/LAB AREAS I - Empty trash containers and remove garbage and recycling to the designated area x Sweep and damp mop or auto scrub hard floor surfaces Carpet Cleaning/Extraction(High Traffic Areas) 3X/Year Carpet Cleaning/Extraction(All Carpeted Areas in front offies) 1X/Year Burnish/buff tiled floor surfaces Quarterly(4X/Year) Strip/Wax of all VCTflooring 1X/Year CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 2, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: 18821 ITEM NO.: Carter Schulze Approve Work Order WO1 Under Master Partnership VIII.G. Public Works/Engineering Contract with MnDOT Requested Action Move to: Approve Work Order WO1 Under Master Partnership Contract No. 1028133 with MnDOT. Background This Work Order of$44,444.00, which is the City of Eden Prairie's contribution,provides for survey and design engineering services for the Advanced Traffic Management System and Signal Optimization project located in the City of Eden Prairie and Hennepin County. Anticipated design completion and bid letting is spring of 2020. This project will be funded using state aid funds. Synopsis The Master Partnership Contract provides for an expedited process when either MnDOT or the City of Eden Prairie request services to be provided by the other agency. The services provided without a"work order" include routine technical services such as general training, material testing and inspection, traffic signs, concrete and bituminous plant inspections, traffic signal and lighting maintenance,bridge ratings and inspections, traffic counting, guardrail repair and maintenance, and bridge inspection and maintenance. More complex services will require a negotiated"work order"to provide a detailed scope of work and the associated costs. Any services requested or provided during the five (5) year term of this contract will be by mutual agreement by both parties. Attachment Work Order Under Master Partnership Contract `tea DEPARTMENT OF 111 TRANSPORTATION MnDOT Contract#: 1028133W01 STATE OF MINNESOTA WORK ORDER UNDER MASTER PARTNERSHIP CONTRACT Trunk Highway(TH) Number: 494, 212, CSAH 61 (Flying Cloud Drive), CSAH 39 (Valley View Road), Eden Road, Technology Drive,Anderson Lakes Parkway, and Prairie Center Drive Project Description: Survey and Design Engineering for Advanced Traffic Management System and signal optimization project. This Work Order Contract is issued under the authority of State of Minnesota, Department of Transportation (MnDOT) Master Partnership Contract No. 1028133 between the state of Minnesota acting through its Commissioner of Transportation ("State") and the City of Eden Prairie, a political subdivision of the State of Minnesota ("Local Government") and is subject to all applicable provisions and covenants of that Contract which are incorporated herein by reference. Work Order Contract 1. Term of Work Order Contract; Incorporation of Exhibits: 1.1. Effective date:This Work Order Contract will be effective on the date that all required signatures are obtained by State, pursuant to Minnesota Statutes Section 16C.05, subdivision 2.The Local Government must not begin work under this Contract until ALL required signatures have been obtained and the Local Government has been notified in writing to begin such work by the State's Authorized Representative. 1.2. Expiration date:This Work Order Contract will expire on June 30, 2020, or when all obligations have been satisfactorily fulfilled, whichever occurs first. 1.3. Exhibits: Exhibit A and B is attached and incorporated into this Work Order Contract. 2. Nature of Work: 2.1. X the blanks below to indicate the nature of the work to be performed. See Article 3. Services Requiring a Work Order Contract, of the Master Partnership Contract for applicable definitions. Contract Administration Emergency Services X Professional/Technical Services Roadway Maintenance 3. Scope of Work: 3.1. The State will perform services under this Work Order summarized generally as follows: State will provide survey and design engineering services for the Advanced Traffic Management System project located in the City of Eden Prairie and Hennepin County. This includes completing the mapping, utility, right of way, drainage and other needed survey data along with the final design and plan preparation for the project. This will include utility coordination, cost estimates, special provision preparation, permit writing and any other documentation needed to put the project out to bid. 4. Items provided or completed by the Local Government. 4.1. The following will be provided or completed by the Local Government: Payment of Local Government share of State cost for survey and design engineering services. Receivable Work Order—Actual Cost 1 Updated 06/28/2018 MnDOT Contract#: 1028133W01 5. Consideration of Payment: 5.1. The Local Government will pay for all services performed by the State on an actual cost basis as follows: 5.1.1. The following items will be reimbursable at their actual cost to the State: i. Materials and supplies reasonably needed to perform the work; the current materials handling overhead rate will be added to materials and supplies issued out of inventory; and ii. Equipment needed to perform the work, at its rental rate as established by the State; and iii. Actual and reasonable costs of consultants and contractors engaged to perform the work; and iv. Actual salary costs incurred by the State, at the normal rate of pay plus reasonable and customary labor additives. 5.1.2. The State must, upon request of the Local Government, provide documentation showing a breakdown of costs claimed. 5.2. The Local Government's obligation for all compensation and reimbursements to the State is$44,444.00. 6. Terms of Payment: 6.1. The Local Government will be invoiced and make an upfront payment for the estimated cost of the services to be provided upon execution of this work order contract. 6.2. Upon request of the Local Government,the State must provide documentation showing the actual costs incurred. 6.3. When the services have been completed if there are any funds that have not been used for the services, a refund will be made to the Local Government. 6.4. If the actual cost of the services exceeds the estimate an amendment to the work order contract will be executed. 6.5. Per Section 7.4 of the Master Partnership Contract; 6.5.1. The Local Government will pay the State as specified in this work order, and will make prompt payment in accordance with Minnesota law. 6.5.2. Payment by the Local Government. i. The Local Government will make payment to the order of the Commissioner of Transportation. ii. IMPORTANT NOTE: Payment must reference the MnDOT Contract and Work Order Number shown on the face page of this contract and the MnDOT Invoice Number shown on the invoice. iii. Remit payment to the address below: MnDOT Attn: Cash Accounting RE: MnDOT Contract Number 1028133W01 and Invoice Number TBD. Mail Stop 215 395 John Ireland Blvd St. Paul, MN 55155 7. Local Government's Project Manager: 7.1. The Local Government's Project Manager for this Work Order is: Name: Carter Schulze, or his successor. Title: Assistant City Engineer City of Eden Prairie1028133 Billing Address: 8080 Mitchell Road 2 MnDOT Contract#: 1028133W01 City State Zip: Eden Prairie, MN 55344 Street Address: 8080 Mitchell Road City State Zip: Eden Prairie, MN 55344 Telephone: 952-949-8339 Email: cschulze@edenprairie.org The Local Government's Project Manager for this Work Order is responsible for overseeing the Local Government's fulfillment of its obligations under this Work Order, reviewing and approving invoices, resolving disputes related to this Work Order, and for giving or receiving any notices required or permitted by this Work Order. 8. State's Project Manager: 8.1. The State's Project Manager,for this Work Order is: Name: Rachel Broughton, or her successor. Title: MnDOT Project Manager MnDOT- Metro District Street Address: 1500 County Road B2 City State Zip: Roseville, MN 55113 Telephone: 651-234-7667 Email: Rachel.broughton@state.mn.us 8.2. The State's Project Manager is responsible for overseeing the State's fulfillment of its obligations under this Work Order, reviewing, providing and approving invoices, resolving disputes related to this Work Order, and for giving or receiving any notices required or permitted by this Work Order. 9. Termination. 9.1. Termination by the State or Local Government.The Local Government,the State or the Commissioner of Administration may cancel this Work Order at any time, with or without cause, upon 30 days' written notice to the other Party. Upon termination, the State will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 9.2. Termination for Insufficient Funding. If the State is the Local Government,The State may immediately terminate this Work Order if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here.Termination must be by written or fax notice to the Local Government.The State is not obligated to pay for any services that are provided after notice and effective date of termination. However,the Local Government will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available.The State will not be assessed any penalty if the Work Order is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds.The State must provide the Local Government notice of the lack of funding within a reasonable time of the State's receiving that notice. 10. Additional Provisions 10.1. NONE [THE BALANCE OF THIS PAGE HAS INTENTIONALLY BEEN LEFT BLANK] 3 MnDOT Contract#: 1028133W01 OTHER AGENCY COMMISSIONER OF TRANSPORTATION The Other Agency certifies that the appropriate person(s) have executed the contract on behalf of the Other Agency as required by applicable articles, bylaws, By: resolutions or ordinances. Title:Assistant Commissioner or Assistant Division Dir. By: Date: Title: Date: COMMISSIONER OF ADMINISTRATION By: Title: By: Date: Date: 4 MnDOT Contract#: 1028133W01 EXHIBIT A—STANDARD TERMS STANDARD TERMS FOR PROFESSIONAL AND TECHNICAL SERVICES 1. The Local Government will prepare all documents in accordance with Minnesota law, applicable Federal laws and regulations, and geometric design standards for trunk highway plans as described in the current versions of MnDOT Manuals, available through the MnDOT State Aid Division or on the MnDOT website, www.dot.state.mn.us 2. The Local Government will, as applicable in developing plans, include the standard specifications from the latest edition of MnDOT Standard Specifications for Construction, and all amendments thereto. 3. The Local Government will furnish the personnel, services, supplies, and equipment necessary to properly perform, supervise, and document the work for the project(s).The services of the Local Government to be performed hereunder may not be assigned, sublet, or transferred unless approved in writing by MnDOT.This written consent will in no way relieve the Local Government from its primary responsibility for performance of the work. [THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK.] 1 2/1/2019 Exhibit B MnDOT Contract#:1028133W01 Eden Prairie Estimated Cost of Contract Partnership Proposal Reference Costs of Consultants Amount Consultant Total MnDOT Contract 1033274 $ 22,222.00 $ 22,222.00 MnDOT Contract 1033275 $ 22,222.00 $ 22,222.00 Total Consultants(Salaries) $ 44,444.00 $ 44,444.00 Total Contract $ 44,444.00 CM Revised 12/06-2018 Page 1 of 1 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 2, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: LC. 19806 ITEM NO.: Mary Krause Award Contract for 2019 Concrete Supply to AVR VIII.H. Public Works/Engineering Inc. Requested Action Move to: Award the Contract for the 2019 supply of concrete to AVR Inc. at the unit prices as indicated in the quote summary. Synopsis Quotes were received on March 22, 2019 for the 2019 supply of concrete required to perform annual street maintenance projects including curb repair and replacement. Three quotes were received. The quote summary is: AVR, Inc. $65,775.00 Cemstone Products Company $67,850.00 Rivers Edge Concrete $67,687.50 Background Information The low quote for the different concrete mixes is from AVR Inc. The concrete is purchased on a per cubic yard basis based on the quantity required to perform maintenance needs. Attachment Contract 2017 06 10 Contract for Goods and Services This Contract ("Contract") is made on the day of , 20 , between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and AVR, Inc., a Minnesota Corporation (hereinafter "Vendor") whose business address is 14698 Galaxie Avenue S., Apple Valley, MN 55124. Preliminary Statement The City has adopted a policy regarding the selection and hiring of vendors to provide a variety of goods and/or services for the City. That policy requires that persons, firms or corporations providing such goods and/or services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of goods and/or services by Vendor for 2018 Supply of Concrete hereinafter referred to as the "Work". The City and Vendor agree as follows: 1. Scope of Work The Vendor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. 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 of Contract. All Work under this Contract shall be provided, performed and/or completed by November 15, 2019. 3. Compensation for Services. City agrees to pay the Vendor $125/C.Y. of 3F52 Mix, $123/C.Y. of 3F52F Mix and $135/C.Y. of 3HE52 Grade F Mix, with total payments not to exceed $65,775.00 as full and complete payment for the goods, labor, materials and/or services rendered pursuant to this Contract and as described in Exhibit A. 4. Method of Payment. Vendor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. 5. Standard of Care. Vendor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. 6. Insurance. a. General Liability. Vendor shall maintain a general liability insurance policy with limits of at least $1,000,000.00 for each person, and each occurrence, for both personal injury and property damage. Vendor shall provide City with a Certificate of Insurance verifying insurance coverage before providing service to the City. b. Worker's Compensation. Vendor shall secure and maintain such insurance as will protect Vendor from claims under the Worker's Compensation Acts and from claims for bodily injury, death, or property damage which may arise from the performance of Vendor's services under this Contract. c. Comprehensive Automobile Liability. Vendor shall maintain comprehensive automobile liability insurance with a $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) 7. Indemnification. Vendor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Vendor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Vendor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Vendor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 8. Warranty. The Vendor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City's written acceptance of the Work. The City's rights under the Contractor's warranty are not the City's exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity. 9. Termination. This Contract may be terminated by either party by seven (7) days' written notice delivered to the other party at the addresses written above. Upon termination under this provision if there is no fault of the Vendor, the Vendor shall be paid for services rendered until the effective date of termination. 10. Independent Contractor. At all times and for all purposes herein, the Vendor is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Vendor an employee of the City. 11. Subcontract or Assignment. Vendor shall not subcontract any part of the services to be provided under this Contract; nor may Vendor assign this Contract, or any interest arising herein, without the prior written consent of the City. 12. Services Not Provided For. No claim for services furnished by Vendor not specifically provided for in Exhibit A shall be honored by the City. Standard Purchasing Contract 2017 06 01 Page 2 of 5 GENERAL TERMS AND CONDITIONS 13. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. 14. Compliance with Laws and Regulations. In providing services hereunder, the Vendor 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 Contract and entitle the City to immediately terminate this Contract. 15. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 16. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 17. Damages. In the event of a breach of this Contract by the City, Vendor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 18. Employees. Vendor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Vendor prior to termination of this Contract and for one (1) year thereafter, without prior written consent of the former employer in each case. 19. Enforcement. The Vendor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. 20. Entire Contract, Construction, Application and Interpretation. This Contract 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. 21. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. Standard Purchasing Contract 2017 06 01 Page 3 of 5 22. Non-Discrimination. During the performance of this Contract, the Vendor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Vendor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Vendor 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 Vendor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 23. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract 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. 24. Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 25. Services Not Provided For. No claim for services furnished by the Vendor not specifically provided for herein shall be honored by the City. 26. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 27. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Vendor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Vendor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as Standard Purchasing Contract 2017 06 01 Page 4 of 5 defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Vendor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Vendor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Vendor in relation to this Contract shall contain similar Data Practices Act compliance language. 28. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not affect, in any respect, the validity of this Contract. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager VENDOR By: Its: Standard Purchasing Contract 2017 06 01 Page 5 of 5 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 2, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 19805 ITEM NO.: Mary Krause Award Contract for 2019 Crackseal Project to Allied VIILI. Public Works/Engineering Blacktop Company. Requested Action Move to: Award contract for 2019 Cracksealing Project to Allied Blacktop Company in the amount of$76,650.00. Synopsis Quotes were received Friday, March 22, 2019 for the 2019 Crack Sealing project. Four quotes were received. The low quote in the amount of$76,650.00 was submitted by Allied Blacktop Company. Staff has reviewed the bids and recommends awarding the contract to Allied Blacktop Company in the amount of$76,650.00. Background Information Street bituminous cracksealing is an annual street maintenance project in preparation for the 2019 sealcoat project. Cracksealing for bituminous trails has also been included in the project. The street quantities include some of the recent overlay areas. The 2019 operating and maintenance budget for street cracksealing is $130,000 under budget item 1707-6339. The trail and parking lots cracksealing portion of the project is funded through the Parks Division under maintenance. The crack sealant material has been purchased by the Streets Maintenance Division separately; this contract award is for the placement of the sealant material. Attachment Contract FORM OF CONTRACT THIS AGREEMENT, made and executed this day of , 2019, by and between City of Eden Prairie, hereinafter referred to as the "CITY", and Allied Blacktop Company,hereinafter referred to as the "CONTRACTOR", WITNESSETH: CITY and CONTRACTOR, for the consideration hereinafter stated, agree as follows: I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of Plans and Specifications prepared by the City of Eden Prairie referred to in Paragraph IV, and as provided by the CITY for: Improvement Contract 19805: Installation of Hot-Poured Bituminous Crack Sealant CONTRACTOR further agrees to do everything required by this Agreement and the Contract Documents. II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in the office of the Director of Public Works. The aggregate sum of such prices, based on estimated required quantities is $76,650.00 shall be paid to the CONTRACTOR. III. Payments to CONTRACTOR by CITY shall be made within 30 days after approval of invoice. IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents a. Accepted Proposal b. Contract Agreement (2) Detail Specifications (3) Addenda and Supplemental Agreements The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the project specifications VI. This Agreement shall be executed in two (2) copies. IN WITNESS WHEREOF,the parties to this Agreement have hereunto set their hands and seals as of the date first above written. In Presence Of: CITY OF EDEN PRAIRIE, MINNESOTA Its City Mayor And Its City Manager In Presence of: CONTRACTOR Firm By: Title And CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 2, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IC 18828 ITEM NO.: Carter Schulze Award Contract to Create Construction LLC for VIILJ. Public Works/Engineering the Eden Prairie 2019 Sidewalk Improvements Requested Action Move to: Award contract for the Eden Prairie 2019 Sidewalk Improvements to Create Construction, LLC in the amount of$190,510.00. Synopsis Bids were received Thursday, March 21, 2019 for this project. Ten bids were received with the lowest bid in the amount of$190,510.00 from Create Construction, LLC. Background Information The scope of the project includes construction of concrete sidewalks and ADA compliant pedestrian ramps. Concrete sidewalk is proposed along the north side of Juniper Lane between Franlo Road and Dunberry Circle closing a gap in the sidewalk network. An existing asphalt path on Morraine Way between Village Woods Drive and Red Rock Road will be removed and replaced with concrete sidewalk. Also, reconstructed pedestrian ramps are proposed along Valley View Road between Irvine Circle and Pavelka Drive. Final completion is anticipated to be August 30th, 2019. The funding for this trail project will primarily come from the Capital Maintenance and Reinvestment Fund. Bid Summary and Recommendation The summary of the bids submitted is as follows: Create Construction, LLC $190,510.00 New Look Contracting, Inc. $196,963.50 Ti-Zack Concrete, Inc. $204,634.40 Pember Companies, Inc. $216,587.85 Concrete Idea, Inc. $226,849.50 Standard Sidewalk, Inc. $230,981.25 JL Theis, Inc. $234,695.90 Odesa II $240,587.00 GL Contracting, Inc. $255,862.60 Starkrete, LLC $334,515.51 Staff's estimate for this construction project was $304,151.00. Each of the bidders met the guidelines as detailed in the bid specifications document. Staff recommends the contract be awarded to Create Construction, LLC. Attachment Form of Contract SHORT FORM CONSTRUCTION CONTRACT THIS AGREEMENT, made and executed this day of 20_, by and between City of Eden Prairie hereinafter referred to as the "CITY", and Create Construction, LLC, hereinafter referred to as the "CONTRACTOR", WITNESSETH: CITY AND CONTRACTOR, for the consideration hereinafter stated, agrees as follows: CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of the Plans and Specifications prepared by the Public Works Department referred to in Paragraph IV, as provided by the CITY for: 18828 Eden Prairie 2019 Sidewalk Improvements CONTRACTOR further agrees to do everything required by this Agreement and the Contract Document. II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in the office of the City Engineer. The aggregate sum of such prices,based on estimated required quantities is estimated to be $190,510.00. III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents. IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents a. Advertisement for Bids b. Instruction to Bidders b. Proposal Form c. Construction Short Form Agreement d. Contractor's Performance Bond e. Contractor's Payment Bond (2) Special Conditions (3) Detail Specifications (4) General Conditions (5) Plans (6) Addenda and Supplemental Agreements The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the following schedule: Or in accordance with the Contract Documents. VI. This Agreement shall be executed in two (2) copies. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the date first above written. In Presence Of: CITY OF EDEN PRAIRIE By Its City Mayor By Its City Manager CONTRACTOR In Presence Of: By Its Its CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 2, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IC 18842 ITEM NO.: Carter Schulze Award Contract to Minnesota Roadways Company VIII.K. Public Works/Engineering for the Dell Road Trail Rehabilitation Requested Action Move to: Award contract for the Dell Road Trail Rehabilitation to Minnesota Roadways Company in the amount of$128,787.00. Synopsis Bids were received Thursday, March 21, 2019 for this project. Seven bids were received with the lowest bid in the amount of$128,787.00 from Minnesota Roadways Company. Background Information The scope of the project is to reconstruct an 8'-10' wide bituminous trail on the east side of Dell Road from Linwood Court to TH 5, including the reconstruction of a number of ADA compliant pedestrian ramps. Final completion is anticipated to be August 30th, 2019. The funding for this trail project will primarily come from the Capital Maintenance and Reinvestment Fund. Bid Summary and Recommendation The summary of the bids submitted is as follows: Minnesota Roadways Company $128,787.00 Northwest $132,918.19 Odessa II $134,080.00 Midwest Asphalt Services $150,488.80 Bituminous Roadways, Inc. $153,379.90 Barber Construction, Inc. $194,795.00 Minger Construction Co. Inc. $204,983.00 Staff's estimate for this construction project was $132,463.20. Each of the bidders met the guidelines as detailed in the bid specifications document. Staff recommends the contract be awarded to Minnesota Roadways Company. Attachment Form of Contract SHORT FORM CONSTRUCTION CONTRACT THIS AGREEMENT, made and executed this day of 20_, by and between City of Eden Prairie hereinafter referred to as the "CITY", and Minnesota Roadways Company, hereinafter referred to as the "CONTRACTOR", WITNESSETH: CITY AND CONTRACTOR, for the consideration hereinafter stated, agrees as follows: CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of the Plans and Specifications prepared by the Public Works Department referred to in Paragraph IV, as provided by the CITY for: 18842 Dell Road Trail Rehabilitation CONTRACTOR further agrees to do everything required by this Agreement and the Contract Document. II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in the office of the City Engineer. The aggregate sum of such prices,based on estimated required quantities is estimated to be $128,787.00. III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents. IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents a. Advertisement for Bids b. Instruction to Bidders b. Proposal Form c. Construction Short Form Agreement d. Contractor's Performance Bond e. Contractor's Payment Bond (2) Special Conditions (3) Detail Specifications (4) General Conditions (5) Plans (6) Addenda and Supplemental Agreements The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the following schedule: Or in accordance with the Contract Documents. VI. This Agreement shall be executed in two (2) copies. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the date first above written. In Presence Of: CITY OF EDEN PRAIRIE By Its City Mayor By Its City Manager CONTRACTOR In Presence Of: By Its Its CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 2, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. #12-5815 ITEM NO.: Leslie Stovring Approve Service Agreement with WaterGuards for VIII.L. Water Resources/Engineering Conducting Watercraft Inspections Division Requested Action Move to: Approve the Service Agreement with WaterGuards for watercraft inspections at three lakes within the City at a cost of$46,687.50. Synopsis Riley-Purgatory-Bluff Creek Watershed District (RPBCWD) has requested that the City of Eden Prairie continue managing the aquatic invasive species inspection program for local watercraft accesses. To aid in this effort, the District has allocated $25,000 to Eden Prairie to supplement funds already set aside by the city for this program. Two companies were contacted to provide estimates to conduct inspections at lakes within the District. The costs above the grant will be paid from the Stormwater Utility. Background Information On March 14,2012 RPBCWD sent a letter acknowledging the City's efforts in establishing an aquatic invasive species (AIS)program. The Board of Managers stated that they felt that the best approach at this time would be to assist the cities in providing an inspection program for public boat accesses. It was assumed that inspections would be targeted at lakes recognized as having regional significance, such as Riley Lake. However, the grant was not intended to limit inspections to these lakes but could be allocated to other lakes with public access. As such,Mitchell and Red Rock Lakes will be included in the program. It is their hope that implementation of the inspection program will help educate the public about invasive species while slowing or preventing the spread of invasive species. Funds allocated by RPBCWD at that time were a maximum of$25,000. However, due to the rising cost of the program,the RPBCWD has stated they will consider providing additional funds; however, the Board has not approved this. Two quotes were received for AIS Inspection Services between May 9th and October 20th: 1. WaterGuards - $46,687.50 for 2,490 hours of staff time (hourly rate of$18.75 per hour) 2. Waterfront Restoration- $57,749 for 2,444 hours of staff time (hourly rate of$23.63) The City will also hire a water resources intern to help manage the inspection program and provide coverage as needed. Expenses above the grant would be paid out of the stormwater utility. Attachment Professional Services Agreement 2017 06 01 Agreement for Professional Services This Agreement ("Agreement") is made on the day of MarCtl , 20/ , between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and a ..a,vdds LUG ("Consultant"), a Minnesota corporation (hereinafter "Consultan ') whose business address is Po 4 e 01 St Jt9SIA HA) *371f . Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for t J 4l 4 l- 1 i Qr1 stye cE4 hereinafter referred to as the "Work". The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to 0. provid�ertthe professional services shown in Exhibit A ( PK oS al c �-e.t1 %( rtk t$ 2O(1 ) 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 0411 1 2-01 through 1*V• 1 2-0 t" 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 $ y(a,(o%},So 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 0 l Scanned by CamScanner 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) Page 2 of 10 2017 06 01 amount of the contract, current billing, past payments and unexpended balance of the contract. b. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on Exhibit A performed prior to receipt of written notice from the City of such suspension. c. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. 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 shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. 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 Page 3 of 10 2017 06 01 consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 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 Page 4 of 10 2017 06 01 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. 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 Page 5 of 10 2017 06 01 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. 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 Page 6 of 10 2017 06 01 this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen(15) days of receiving notice from the City. 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 Page 7of10 2017 06 01 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 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. Page 8 of 10 2017 06 01 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 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. Page 9 of 10 2017 06 01 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 ale.V a_a-vOIS aC ,,y1144/4_ By: SklahaNtk) \/0141/445)1 Its: Ares 1 cLLL Page l0 of l0 2017 06 01 Scanned by CamScanner W a t e rG u a rd s, LLC March 18, 2019 EXHIBIT A Proposal o r City of Eden Prairie Aquatic Invasive qpeciesPrevention Program A /SInspection Services STEPHAN IE JO HNSO N, PRESIDENT PO Box 277, St. Joseph MN 56374 320.249.7550 lohnson@waterguards.net 7d/(414/71) WaterGuards I. Executive aimmary WaterGuardsispleased to submit thisproposal to the City of Eden Prairie forwatercraft inspection and boater education servicesin the City of Eden Prairie for the summer of 2019. WaterGuardsisan experienced provider and will fulfill the requirementsoutlined in the request for proposal at an hourly rate of$18.75/hourfor Level I inspections. Please see detail below. II. Introduction WaterGuardsprovideslake accesswatercraft inspection and boater education services in orderto prevent, limit or slow the introduction, establishment and spread of aquatic invasive species into our lakes and otherwaters. Our mission isto help counties, government unitsand lake improvement districtsfight against invasive species. WaterGuardswasfounded in 2011 by Stephanie Johnson. Asa long-time lake resident, she saw the need to help lakeshore ownersprotect theirwaters. After helping her own lake association implement a watercraft inspection and boater education program, she decided to help other lake associationsand Minnesota countiesdo the same. Stephanie worksregularly asan inspector and educator at area lakes to stay up-to-date and have first-hand knowledge of issuesboatersand inspectorsface. III. Our Package/ Scope of Work Ourstandard watercraft inspection and education package includes: • Watercraft Inspectors. o DNRtrained Level I and/or II Inspectorsto monitoryour lake landingsfor invasive species. o Inspectorseducate boaterson the lawsand best practicesto avoid spreading invasive species, improving our long-term oddsof limiting the spread of invasive species. o Inspectorsare dedicated to protecting Minnesota watersfrom invasive species. o Inspectorsare uniformed with an official vest and lanyard designating statusasan inspectorto provide quick recognition by boatersand offera visual sign of authority. o Each inspectorhasa City-owned or Company-owned electronic device forthe DNR survey. o WaterGuardsLevel 1 inspectorsare at least 17 yearsof age. • Professional Management. o WaterGuardshiresthe watercraft Inspectors lhisincludesadvertising for employees, interviewing, and finding the right people to protect yourwaters. o We hire the most reliable and professional inspectors. We do not discriminate and are proud to hire military veterans, seniorsand college studentsalike. o We work to ensure our inspectorsget the best training and support to do the best work. o We schedule the inspectorsso your access pointsare covered when you want them covered. We use an online scheduling app/system to maximize employee utilization and minimize any absencesfrom your lake accesces. o We use an electronic attendance app with built-in GPS. Employees"clock in and out" via personal cell phone. Employeesmay not clock in orout if they are not at theirdesignated site. www.WaterGuards.net PO Box 277 a. Joseph, MN 56374 320.249.7550 sjohnson@WaterGuards.net 2 o We regularly spot check watercraft Inspectorsforquality assurance and immediately address staffing issues if they arise. o We assign a roving crew managerto coach inspectors. o We assist our inspectorswhen they must report findingsorsubmit samplesof invasive speciesto the DNRor make reportsto law enforcement. o We keep inspectorsup-to-date on recent invasive speciesinfestationsand also provide ongoing reminders of best practicesall summer long. o WaterGuardsmaintainsa good working relationship with the Minnesota DNR o We have experience managing Level 2 inspectorswith a decontamination unit. • Payroll Management. o WaterGuardsisan independent contractor. WaterGuardshiresthe employees, generates the W-2s, checksthe I-9sand gathersthe W-4s. the inspectorsare WaterGuards, LLC employees. o WaterGuardsincludespayroll taxes(RCA, FUTA, worker'scompensation and state and federal unemployment) in its hourly rate. o WaterGua rdsmainta ins its own workerscompensation and liability insurance. o We pay ouremployeeshig her hourly wagesto attract and retain the best available talent. IV. Inspection Schedule/ Lakes WaterGuardswill provide inspection serviceson the following lakes: Level I Inspections Mitchell Lake (May 9 to Labor Day) Red Rock Lake (May 9 to Labor Day) Riley Lake (May 9 to October20) V. Hourly Rate Hourly Rate for Inspections • $18.75/hourfor Level lInspectors. • these rates include employee's hourly pay, all payroll taxes, liability insurance, workers compensation insurance, on-going educational updates, and more. • Other than limited DNRtraining and a City of Eden Prairie orientation meeting, WaterGuardsonly chargesforhoursinspectorsactually spend at the accessunlessagreed to by the City of Eden Prairie. • All management oversight and othernon-accessemployee hoursare not charged to the City of Eden Prairie, but absorbed by WaterGuards. www.WaterGuards.net PO Box 277 a. Joseph, MN 56374 320.249.7550 sjohnson@WaterGuards.net 3 Inspection Hourly Rate Totalfor3 City of Eden Prairie access points: approximately 2,426 hours at$18.75/hour- $45,487.50 Reduced Hourly Rate for DNRTraining $15/hourfor DNRTraining, not expected to exceed 8 hours per inspector. $15/hourfor City of Eden Prairie Orientation, not expected to exceed 2 hoursper inspector. Total for training and orientation: anticipated cost not to exceed $1,200 Bid Total 2,426 (anticipated) inspection hours at $18.75/hour($45,487.50) + DNRTraining ($1,200) = $46,687.50 VI. OurValue and Experience Experience 100% Committed to Watercraft Inspection Services. We are 100%committed to lake access watercraft inspection and boater education services. Ibis isallwe do. We do not provide employees/inspectorsfor any otheroccupation or industry. lhisfocusallowsusto offerthe best watercraft inspection services available. Our staff worksclosely with the Minnesota DNRand other countiesand lake improvement districts in Minnesota and remainscurrent on aquatic invasive speciesissuesand best practicesfor watercraft inspection. All our management and staff are DNRtrained and certified. One Year of Previous Experience in Eden Prairie. WaterGuardsknowsand understandsthe watersand lake users in the City of Eden Prairie. We served the City of Eden Prairie in 2018. Ourprogram improves each yearwith knowledge from the previousseason. Inspecting Watercraft Since 2011. From itsstart in 2011, WaterGuardshasfocused on protecting Minnesota lakes. We now have 8 seasonsof experience. We learn more and do better every year. Significant Experience in Other Counties. The following are otherexamplesof past and/or present customers: Isanti County and Isanti County LIDs(2015, 2016, 2017, 2018), StearnsCounty and Stearns County LIDs(2012, 2013, 2014, 2015), Sherburne County (2016, 2017, 2018), Dakota County (2018), Ramsey County (2017, 2018), Goodhue County (2018), and Todd County (2015, 2016, 2017). Good Reviews. We consistently receive great reviewsfrom our customers, the DNR, and our employees. On-Going Learning. Our President attends in-season and out-of-season DNRmeetingsand trainingsto continuously improve knowledge of programsand findingsthroughout the state. Professional Management. WaterGuardsisled by a seasoned professional with a Master's in Business Administration, a talent fortechnology, and a dedicated commitment to aquatic invasive species prevention. Our President and our coordinatorsare alwayson call throughout the season. Variety of Experience. We have extensive experience (8+ years) with DNR Level I, Level II and the Ambassador program. We have worked with counties, lake associations, lake improvement districtsand on inspection and education programsfrom 109 hoursperseason to over6000 hoursperseason. www.WaterGuards.net PO Box 277 St. Joseph, MN 56374 320.249.7550 sjohnson aLWaterGuards.net 4 Training, Instruction and Work Standards High Standards for Recruiting. WaterGuardsusesa proprietary set of interview questionsdesigned over many yearsto recruit and select the best inspectorspossible. We also implement recruiting effortsthrough online employment websites, social media, collegesand universities, and word of mouth. We hire inspectorswith good people skillsthat engage well with the public. We do not over recruit and over promise. We hire the right number of people and work with them to provide their optimum number of work hours per week. We do not discriminate and are proud to hire military veterans, seniorsand college studentsalike. We will hire local people and will re-hire only the best of our previousCity of Eden Prairie inspectors. DNRTraining. We work with our inspectorsand the DNRto coordinate Level 1 training opportunities. Employee Resources. We maintain an Employee Resources page on ourwebsite that provides employment policies, DNRresources, and survey instructionsto ensure understanding and compliance of ourworkstandards/expectationsforour employees. We welcome and encourage feedback from our inspectorson boater responses, activity, scheduling, landing problems, etc. On-Going Communications We implement continuousemail and in-person communicationswith inspectorsto provide remindersof best practicesand updatesto DNRmaterials, resources, and findings. Good Professional Relationships WaterGuardsmaintainsgood relationshipswith DNRmanagement and staff. Active Management:We require an area manager/coach. The manager maintains regular communicationswith inspectors, with the City of Eden Prairie, and with lake associations. The manager worksasan inspector and also servesasa coach to ensure inspectorsare up-to-date on most recent AIS related activities, to provide continual training on thorough inspectionsand engagement with boaters, and to communicate area happenings(i.e. fishing tournaments, special events, etc.). New thisyear: the managerwill spend extra time with new inspectorsat the beginning of the season. Regular Spot Checks WaterGuards management regularly and randomly spot-checksourinspectorsto monitor compliance with DNRinspection procesccsand procedures. WaterGuards' President will also visit inspectorsrandomly throughout the season. Best Value and Unique Services Robust Scheduling Software. We employ technology to maximize employee utilization and minimize any absencesfrom your lake accesses. Best Employee Wages. We pay ouremployeeswell! Our experience isthe following: a. High wagesmake it easierto attract and retain the best people forthe job. b. High wagesemphasize the importance of the job and of doing it well. c. High wagesincentivize higher output-employeeswork harderto demonstrate that they deserve the job. d. Happy well-paid employeesshow their happiness in good customer service. GPSAttendance. We utilize GPSforshift "clock in and out" for the best employee accountability. Excellent Retention. We enjoy consistently high employee retention rates. Many of ouremployeeswork forusyearafteryear. Long-term staff provide a knowledgeable workforce. The City of Eden Prairie will www.WaterGuards.net PO Box 277 a. Joseph, MN 56374 320.249.7550 sjohnson@WaterGuards.net 5 benefit from the return of our best employeesthat know the lakes, the frequent users, and the public officials On-Going Communication. Continuouscommunicationswith inspectorsprovide remindersof best practicesand updatesto DNRmaterials, resources, and findings. Regular communication with City of Eden Prairie staff enablesusto adapt to changesin schedules, DNRinspections, in landing closures, tournaments, AlSfindingsetc. Quality Education. We believe the best defense against AlSiseducation! We make sure our inspectors are thoroughly educated on AISso they may educate and effectively inform citizensand City of Eden Prairie lake users. Flexibility. We have the flexibility to shuffle inspectorsaround to different landingswith little notice to adapt to weather changes, boater activity, landing problemsor closures, fishing tournaments, DNR projects, etc. Our scheduling software makes it easy to account forthese changes. Clear Focus. We've been involved in this business, and only this business, since 2011. VII. Insurance Please see the following page for certificate of liability insurance. 7hisproposal will remain valid until April 1, 2019. www.WaterGuards.net PO Box 277 a. Joseph, MN 56374 320.249.7550 sjohnson@WaterGuards.net 6 �—.40 WATELLC-01 JO AC"ORIf, CERTIFICATE OF LIABILITY INSURANCE DATE /DD/YYYY) �� 01/18/2019 /18/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Mahowald Insurance Agency,LLC PHONE 320 251-3751 Fax 320 251-2373 916 W Saint Germain St (NC,No,Eat):( ) (NC,No):( ) Suite 100 E-MAILDESS: Saint Cloud,MN 56301-4096 INSURER(S)AFFORDING COVERAGE NAIC# INsuRERA:Western National Mutual Ins Co 15377 INSURED INSURER B:SFM 11347 WaterGuards,LLC INSURER C:Chubb Group of Insurance Companies 29311 Kingsdale Circle INSURERD: Cold Spring,MN 56320 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR W POLICY NUMBER IYPOLICY EFF POLICY EXP LIMITS LTR INSD VD (MM/DDYYY)JMM DD/YYYY) A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR CPP 1181002 05/08/2018 05/08/2019 DAMAGE TO RENTED 100,000 PREMISES(Ea occurrence) $ MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY PRO- JECT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) $ ANY AUTO CPP 1185635 05/08/2018 05/08/2019 BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ X AUTOS ONLY X NON-OWNED ONLYY PROPERTY acEcident DAMAGE $ $ A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 EXCESS LIAB CLAIMS-MADE UMB 1031176 05/08/2018 05/08/2019 AGGREGATE $ 1,000,000 DED X RETENTION$ 10,000 Disease/emp $ 1,000,000 B WORKERS COMPENSATION X STATUTE OTH- ER AND EMPLOYERS'LIABILITY Y/N 74938.202 07/06/2017 07/06/2018 100,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) I E.L.DISEASE-EA EMPLOYEE $ 100,000 If yes,describe under 500,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ C Prof Liability EONMNF144314452 05/08/2018 05/08/2019 Each Claim 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Water guards,LLC THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN g ACCORDANCE WITH THE POLICY PROVISIONS. 29311 Kingsdael Circle Cold Spring,MN 56320 — AUTHORIZED REPRESENTATIVE`nr ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD www.WaterGuards.net PO Box 277 St. Joseph, MN 56374 320.249.7550 sjohnson aL7WaterGuards.net 7 Request for Quotes Memorandum To: Interested Bidders From: Leslie A. Stovring,Water Resources Coordinator E D E N Date: March 4,2019 PRAIRIE Re: Watercraft Inspector Program—Request for Quotes (RFQ) tiVE•WORX•ORf AM The City of Eden Prairie(City)is requesting a quote for providing watercraft inspection services to inspect incoming and outgoing watercraft,trailers and other water-oriented equipment at selected public accesses for aquatic invasive species (AIS). The quote must be itemized and include a"not to exceed" amount for completing the work items.No additional work beyond the scope outlined in this RFQ will be reimbursed without prior written authorization by the City. Your quote must be submitted by March 19, 2019. 1.0 SCOPE OF WORK Inspection staff will be required for boat landings at Mitchell, Red Rock and Riley Lakes. Inspections should start May 9,2018 and continue through October 20,2019. The following can be used to determine hours required for the proposal: • Riley Lake o Friday, Saturday and Sunday from 6 am to 8pm(2 staff people required between 10 am and 6 pm) o Monday through Thursday, one staff person from 6 am to 7 pm(can overlap mid-day if needed) o After Labor Day, one staff person on Saturday and Sunday from 6 am to 7 pm. • Red Rock and Mitchell Lakes o Two 4-hour shifts per week at each lake. o Two lakes can be combined on one day to provide one 8-hour shift. o The days spent at each lake should vary from week to week to prevent establishing a pattern. 2.0 SCOPE OF WORK The following are required for this project. • Hire, schedule and manage employees sufficient to fulfill the hours required. • Document completion of all required training and provide to the City for DNR authorization. • Coordinate watercraft inspections with City and the Riley Purgatory Bluff Creek Watershed District. • Communicate with the City regarding potential infestations and developments in the field. • Ensure that all inspection data has been uploaded daily to the DNR database by the end of each week. • Provide and maintain all equipment required for collecting and uploading data to the DNR database (such as iPads). • Submit information regarding the results of the inspections to the City at a minimum of weekly. • Submit monthly written summaries(or memorandums)with each invoice to identify staff days&number of hours spent on inspections as well as a summary of observations recorded.Each summary must include a statement that it has been verified that the data was uploaded to the DNR from the equipment provided for inspections. 2.0 MINIMUM REQUIREMENTS FOR STAFF The following tasks must be completed by all staff who conduct watercraft inspections in Eden Prairie. • Attend Level 1 watercraft inspection training provided by the MN Dept. of Natural Resources (DNR) prior to conducting inspections. • Attend orientation meeting with the City of Eden Prairie prior to conducting inspections. Request for Quote-AIS Inspections March 4, 2019 • Inspect incoming and outgoing inspections for ecologically harmful AIS and aquatic vegetation. • Enter inspection data into the on-line forms developed by the DNR for each inspection event. • Upload inspection data daily to the DNR database on a digital device owned and maintained by the Vendor or a City-owned tablet. The use of personal devices to upload the data shall not be permitted. • Communicate the issues of AIS with recreational lake users and the public at large during the inspections. • Distribute AIS educational materials as needed. The City will provide copies of educational materials as they become available. • Follow DNR watercraft inspection policies, responsibilities and procedures. • At Riley Lake, provide assistance in routing traffic and managing parking for incoming boaters. A key for the staff booth with instructions will be provided. • Arrange to meet with City staff at a minimum of once monthly. The minimum requirements for staff include the following: • Possess a high school degree or GED. • Able to work a flexible working schedule,including early mornings,late evenings,and weekends. • Capable of bending for vehicle and equipment inspections • Capable of lifting moderate weight of up to 20 lbs. • Able to work with and communicate verbally with the general public. • Able to work independently on assigned tasks,yet work as a team. 3.0 EQUIPMENT REQUIREMENTS Each contracted employee must have a cellular phone for emergencies or to contact law enforcement if required. In addition, each inspector must be provided with a uniform that has the City or Consultant logo that clearly identifies the employee as a Watercraft Inspector. This can include a safety vest and/or shirt. The Contractor must provide all equipment required to complete the watercraft inspections, including tablets capable of running and uploading the DNR software. The City can provide four (4) iPads for recording inspections.These iPads must be assigned to an individual and returned at the end of the season. Additional equipment needs must be relayed to the City as needed for consideration. 4.0 HOURS/SCHEDULING Once the contract is signed, City staff will work with the Contractor to develop a schedule to meet the budget requirements and staff availability. Please submit a proposed schedule by April 30, 2019 to allow time to set up a final summer schedule. 5.0 ACCEPTANCE OF PROPOSAL CONTENTS The contents of this RFP and any attached proposal will become contractual obligations, if a contract ensues. Failure of the Contractor to meet these obligations may result in cancellation of the award. All information in the quote is subject to disclosure under the provisions of Minnesota Statutes Chapter 13 — Minnesota Government Data Practices Act. 6.0 TERMS AND CONDITIONS The attached Eden Prairie Standard Agreement for Professional Services must be used for this project. Please contact me at 952-949-8327 or lstovring@edenprairie.org if you have any questions regarding this request. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 2, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. #17-5984 ITEM NO.: Patrick Sejkora Approve Cooperative Agreement Among City of Eden VIII.M. Public Works/Engineering Prairie, Lower Minnesota River Watershed District, and Riley-Purgatory-Bluff Creek Watershed District for Lower Riley Creek Corridor Enhancement Plan Requested Action Move to: Approve the Cooperative Agreement Among the City of Eden Prairie, Lower Minnesota River Watershed District, and Riley-Purgatory-Bluff Creek Watershed District for Lower Riley Creek Corridor Enhancement Plan Synopsis Riley-Purgatory-Bluff Creek Watershed District (RPBCWD) has developed plans and technical specifications for restoring approximately 4,600 linear feet of Riley Creek as it flows to the Minnesota River. The goal of the restorations is to provide ecological enhancement and stabilize the creek that have been subject to erosion. The area of the proposed restoration is within the Riley Creek Conservation Area,which is owned by the City of Eden Prairie. Thus,the RPBCWD and City of Eden Prairie have coordinated on an Agreement to grant RPBCWD, its engineer and its contractor access and use of the land owned by the City of Eden Prairie for construction of the project through a three year warranty period. An Enhancement Plan was also developed by RPBCWD with input from the City to outline the restoration practices employed in the project and ongoing maintenance activities conducted by both the City and RPBCWD after the three year warranty period. The City will reimburse the RPBCWD $150,000 of the project costs as well as 50-percent of the documented costs of storm sewer outfalls installed as part of the project (not to exceed $50,000). The Lower Minnesota River Watershed District will also contribute $150,000 towards the project costs. Additionally, the plans for the Riley Creek enhancement project include a bid alternate for the construction of a pedestrian bridge within the Riley Creek Conservation area. The design, plans, and specifications for the bridge are provided by the City and incorporated within the RPBCWD's bidding documents. Should the City select the bridge,the cost of the bridge will be reimbursed to RPBCWD. Background Information The partnership between RPBCWD and the City to enhance the lower Riley Creek Corridor was first discussed in July 2017. The partners are working together to achieve goals to improve the corridor. The reach of Riley Creek within the project limits is presently an impaired water that has experienced an incised channel and erosion. The project aims to improve water quality, reduce erosion, enhance wildlife habitat,mitigate flooding,support water recreation activities,and generate public involvement in water resources. Given Riley Creek flows into the Lower Minnesota River, the project also will improve the water quality of downstream water resources. Attachments Cooperative Agreement Lower Riley Creek Corridor(Reach E and D3) Enhancement Plan COOPERATIVE AGREEMENT AMONG CITY OF EDEN PRAIRIE, LOWER MINNESOTA RIVER WATERSHED DISTRICT AND RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT LOWER RILEY CREEK CORRIDOR ENHANCEMENT PROJECT This cooperative agreement is made by and among the City of Eden Prairie, a Minnesota municipal corporation (Eden Prairie); the Lower Minnesota River Watershed District, a watershed district created pursuant to Minnesota Statutes chapters 103B and 103D (LMRWD); and the Riley-Purgatory-Bluff Creek Watershed District, a watershed district created pursuant to Minnesota Statutes chapters 103B and 103D (RPBCWD), to implement the Lower Riley Creek Corridor Enhancement Plan in Eden Prairie,Hennepin County, Minnesota, to stabilize reach E and reach D3 of lower Riley Creek to provide an ecologically diverse stream with significantly reduced streambank erosion, diverse habitat layers and enhanced public access and understanding of why stable stream systems are important. (Eden Prairie, LMRWD and RPBCWD are referred to collectively herein as the Partners.) Recitals WHEREAS RPBCWD has an approved water resources management plan pursuant to Minnesota Statutes section 103B.231 (the Plan) that has as a primary goal addressing all impairments in water resources in RPBCWD's jurisdiction and removing all RPBCWD waterbodies from the State of Minnesota impaired waters list; WHEREAS RPBCWD completed the Lake Riley Outlet Improvements and Riley Creek Lower Valley Stabilization Feasibility Study in 2007, which determined that the lower valley of Riley Creek requires stabilization to limit erosion of the stream channel and steep valley bluffs; WHEREAS Riley Creek is listed on the Minnesota Pollution Control Agency's 303(d) list of impaired waters for excessive turbidity, aquatic macroinvertebrate bioassessments, fishes bioassessments and E. coli, and the Minnesota River, into which Riley Creek flows, is impaired for nutrients/eutrophication and turbidity; WHEREAS a 2015 Creek Restoration Assessment Strategy report produced by RPBCWD evaluated segments of all creeks in the Riley, Purgatory and Bluff Creek watersheds and prioritized reach E in the lower valley of Riley Creek for restoration; WHEREAS the RPBCWD Board of Managers has determined that reaches E and D3 are the highest-priority locations for stabilization in the lower valley of Riley Creek and that restoration should begin at those sites; WHEREAS the capital improvements program in the Plan includes the lower Riley Creek Restoration and Stabilization (Reach D3 and E)project(the Project), which was the subject of the duly noticed public hearing on December 7, 2016, after which the RPBCWD Board of Managers ordered the Project (which at the time was referred to as the Riley Creek Water Quality Improvement Project); WHEREAS in June 2018 the RPBCWD engineer produced the Lower Riley Creek Corridor Enhancement Plan(the Enhancement Plan),attached to and incorporated herein as Exhibit A, which articulates background on and a plan for implementation of the Project that was collaboratively developed by the Partners and will provide greater stream depth variability, more channel bed substructure types and varied channel velocities in lower Riley Creek to reduce erosion and improve water quality while also improving natural stream habitat for aquatic organisms; WHEREAS the Enhancement Plan states a key expected outcome of the Project as reduction from Riley Creek and, consequently, the Minnesota River, of 2,173,930 pounds of total suspended solids and 1,250 pounds of total phosphorus; WHEREAS the Partners find that implementing the Enhancement Plan will provide better floodplain connectivity for lower Riley Creek, which will enhance surrounding riparian habitat and, by establishing a stable creek corridor, will also address the identified turbidity impairment within reach E and reach D3 of Riley Creek; WHEREAS the Project will be constructed entirely on property owned by Eden Prairie in the Riley Creek Conservation Area as depicted in Enhancement Plan (the RCCA), and at Eden Prairie's request in conjunction with and as part of construction of the Project, a new pedestrian bridge will be constructed in the RCCA; WHEREAS Eden Prairie operates its stormwater-management system under the state Municipal Separate Storm Sewer System general permit, and construction and maintenance of the Project is intended to accrue to the benefit of Eden Prairie's fulfillment of its obligations under the permit; and WHEREAS Eden Prairie, LMRWD and RPBCWD are authorized by Minnesota Statutes section 471.59 to enter into this cooperative agreement for the Project. Agreement NOW, THEREFORE, THE PARTNERS enter into this agreement to document their understanding as to the scope of the Project, reaffirm their commitments as to the general responsibilities for and tasks to be undertaken by the Partners, dedicate the February 28,2019 Cooperative Agreement 2 LMRWD-Eden Prairie-RPBCWD: Lower Riley Creek Corridor Enhancement Project necessary rights to the use of the RCCA, and facilitate communication and cooperation to successfully complete the Project. 1 Project. The Project elements are described in detail in and supported by the Enhancement Plan,which serves as the basis for and provides technical data and analysis supporting the Partners' agreement. 1.1 DESIGN. Design and preparation of all necessary construction documents (plan sheets, drawings, technical specifications) for the Project. The design of the Project will incorporate elements described in section 7.1 of the Enhancement Plan, and will be accompanied by plan sheets, drawings and technical specifications for a new pedestrian bridge in the RCCA (the Bridge), which will be included in the bidding documents for the Project as a bid alternate. 1.2 CONSTRUCTION. The Project and, if selected, the Bridge will be constructed by a contractor under contract to RPBCWD and with construction oversight and management by the RPBCWD engineer. Construction will include advance determination and procurement of permits and other regulatory approvals necessary for the Project. Construction documents will provide for a three-year warranty on vegetation. Construction also will include completion of as-built surveys of outfalls and, if selected by Eden Prairie pursuant to paragraph 4.3 below, the Bridge. Construction will include restoration of portions of the RCCA utilized for the Project, including trails used for access and staging of construction, to a condition materially suitable for the usual public uses thereof, except to the extent the RCCA is improved through construction of the Project and, if selected, the Bridge. 1.3 MAINTENANCE.RPBCWD and Eden Prairie will implement inspection,monitoring and maintenance of the Project as described in section 7.2 of the Enhancement Plan. 2 Costs 2.1 RPBCWD will be responsible for: a. The costs of design, construction and implementation, as well as construction oversight and management, of the Project, except as will be reimbursed by Eden Prairie and LMRWD in accordance with the agreement; b. The costs and fees associated with complying with regulatory requirements applicable to the Project, except that Eden Prairie will assess no fee to RPBCWD for city permits required for the Project, if any; b. The in-kind costs of its participation in post-construction monitoring and inspection of the Project as described in the Enhancement Plan. February 28,2019 Cooperative Agreement 3 LMRWD-Eden Prairie-RPBCWD: Lower Riley Creek Corridor Enhancement Project 2.2 Eden Prairie will: a. Contribute the land-use rights necessary for implementation of the Project and construction of the Bridge in the RCCA at no out-of-pocket cost to any party; b. Contribute designs, plans and specifications for the Bridge for integration into the bidding and, if selected, construction documents for the Project; c. Reimburse RPBCWD $150,000 of documented Project costs; d. Reimburse RPBCWD 50 percent of documented costs of storm sewer outfalls installed as part of the Project, not to exceed a contribution of$50,000; e. Reimburse RPBCWD the entirety of the documented construction cost of the Bridge, if selected; f. Conduct, after the three-year warranty period provided in accordance with subsection 1.2, at its sole discretion and expense, routine post-construction inspection and Routine Maintenance of the Project as defined in section 7.2.2 of the Enhancement Plan. 2.3 LMRWD will: a. Reimburse RPBCWD $150,000 of documented Project costs. 2.4 Each of the Partners will bear the internal, administrative and incidental costs of fulfilling its responsibilities and obligations under this agreement, as well as the costs incurred in providing and conducting public education, outreach and meetings for the Project. In the event of cancellation in accordance with subsection 3.5 herein, each party will bear its costs incurred prior to RPBCWD's issuance of notice of cancellation. 3 RPBCWD's Specific Rights and Duties 3.1 RPBCWD has contracted with the RPBCWD engineer for the development of the design and plans for the Project, along with the specifications and all other necessary bidding and construction documentation. Notwithstanding the foregoing, RPBCWD makes no warranty to Eden Prairie or LMRWD regarding the RPBCWD engineer's or another third party's performance in design, construction or construction management for the Project or the Bridge, if selected. RPBCWD has submitted to Eden Prairie and LMRWD the 90 percent complete design and plans for the Project (attached hereto and incorporated herein as Exhibit B). Under contract with RPBCWD, the RPBCWD engineer will prepare contract documents for the Project, accompanied by plans, designs and technical specifications for the Bridge provided by Eden Prairie in accordance with paragraph 4.2 below,for solicitation of a contractor in accordance with state procurement February 28,2019 Cooperative Agreement 4 LMRWD-Eden Prairie-RPBCWD: Lower Riley Creek Corridor Enhancement Project law. The RPBCWD engineer will integrate the plans, designs and technical specifications for the Bridge into the bidding documents for the Project as a bid alternate. 3.2 In its sole discretion and based on bids for construction of the Project without regard to bid price of the Bridge, RPBCWD will select a contractor and contract for the construction of the Project and, if selected, the Bridge in accordance with applicable public-procurement law,as analyzed by RPBCWD,and will ensure that the Project,when constructed, is consistent with the RCCA and this agreement. RPBCWD will award and enter a contract for the construction of the Project that will: a. Require the contractor to indemnify, defend and hold harmless Eden Prairie and LMRWD, their officers, governing-board members, employees and agents from any and all actions, costs, damages and liabilities of any nature, including reasonable attorney's fees, arising from the contractor's negligent or otherwise wrongful act or omission, or breach of a specific contractual duty, or a subcontractor's negligent or otherwise wrongful act or omission, or breach of a specific contractual duty owed by the contractor to RPBCWD. The contract will require that for any claim subject to indemnification by an employee of selected contractor or a subcontractor, the indemnification obligation is not limited by a limitation on the amount or type of damages, compensation or benefits payable by or for the contractor or a subcontractor under workers' compensation acts, disability acts or other employee benefit acts. b. Require that the contractor procure general liability insurance and name Eden Prairie and LMRWD as additional insureds with primary coverage for general liability on a noncontributory basis for both ongoing work and completed operations to the extent of RPBCWD's statutory liability limit. c. Extend all product warranties and workmanship guaranties to Eden Prairie. 3.3 As between the Partners and with the assistance and cooperation of Eden Prairie, RPBCWD will obtain all permits, licenses and other necessary approvals for itself and Eden Prairie from entities with regulatory authority. 3.4 RPBCWD will contract for construction of and will ensure that the Project and, if selected, the Bridge are completed in accordance with applicable law and regulatory standards and criteria. 3.5 RPBCWD or the RPBCWD engineer on RPBCWD's behalf will oversee the construction of the Project, and if selected, the Bridge. RPBCWD may adjust the plans, design and specifications for the Project during construction in consultation with Eden Prairie, as long as the revised plans do not require RPBCWD to exceed the scope of the rights granted under this agreement or create maintenance obligations not anticipated February 28,2019 Cooperative Agreement 5 LMRWD-Eden Prairie-RPBCWD: Lower Riley Creek Corridor Enhancement Project hereunder. Until completion of construction, if RPBCWD, in its judgment, should decide that the Project is infeasible, RPBCWD, at its option, may declare this agreement rescinded and annulled.If RPBCWD so declares, all obligations herein,performed or not, will be voided; RPBCWD will return the RCCA as nearly as reasonably feasible to its preexisting condition or to a condition agreed on by Eden Prairie and RPBCWD to the extent the RCCA has been physically disturbed by RPBCWD, its contractor, agents or assigns. On completion of construction of the Project, the RPBCWD engineer will certify construction of the Project as substantially complete for the purposes intended. 3.6 RPBCWD will notify Eden Prairie on completion of construction, and thereafter RPBCWD will participate in monitoring the effectiveness of and inspecting the Project and will, in collaboration with Eden Prairie,produce an annual report on the status of the Project, consistent with the Enhancement Plan. At the request of Eden Prairie, RPBCWD will duly consider levying and dedicating funds for maintenance and/or repair of the Project. 4 Eden Prairie's Specific Rights and Duties, and Grant of Access, Construction and Maintenance Rights 4.1 Eden Prairie has reviewed and approves, by its signature hereunder, the 90 percent complete design and plans for the Project provided in Exhibit B. 4.2 Eden Prairie, for itself or by a contractor on its behalf, will submit a design, plans and bidding specifications for the Bridge in a form and format specified by the RPBCWD engineer for inclusion in the solicitation of a contractor for the Project as a bid alternate. In the event Eden Prairie does not submit a design, plans and bidding specifications for the Bridge to the RPBCWD engineer, the Bridge will not be included in the solicitation and RPBCWD will solicit contractors for construction of the Project only. Under any circumstances, solicitation of and selection of a contractor for construction of the Project will be made on the basis of cost of the construction of the Project alone (i.e.,the base bid). 4.3 After receipt of responses to the solicitation of contractors for construction, Eden Prairie in its sole discretion will determine whether to direct RPBCWD to include construction of the Bridge in the contract between RPBCWD and the selected contractor for construction of the Project. In the event Eden Prairie elects not to direct RPBCWD to include construction of the Bridge in the contract for construction of the Project, Eden Prairie may separately contract for construction of the Bridge and will be solely responsible for coordination of construction of the Bridge with construction of the Project. 4.4 Eden Prairie will cooperate with RPBCWD's efforts to obtain permits and approvals needed for the Project and act to facilitate proper and efficient processing of applications for city approvals. February 28,2019 Cooperative Agreement 6 LMRWD-Eden Prairie-RPBCWD: Lower Riley Creek Corridor Enhancement Project 4.5 LAND-USE RIGHTS. a. Eden Prairie hereby grants to RPBCWD, its contractors, agents and assigns a temporary and nonexclusive license through the three-year warranty period provided in accordance with subsection 1.2 herein to access and use the portions of the RCCA shown in the Enhancement Plan and occupying parcels designated in the Hennepin County property records by property identification numbers 29-116-22-32-0004 29-116-22-31-0009 29-116-22-31-0018 29-116-22-24-0015 29-116-22-24-0048 29-116-22-24-0019 29-116-22-21-0030 29-116-22-21-0051 for purposes of construction of the Project and, if selected, the Bridge. RPBCWD, on reasonable notice to Eden Prairie, may temporarily restrict or preclude public access to a portion or portions of the RCCA to ensure safety while construction activities are under way. b. Eden Prairie will forbear from any activity that unreasonably interferes with the RPBCWD's ability to exercise its rights or meet its obligations under this agreement. Subject to its interest in preserving public safety, Eden Prairie will cooperate with RPBCWD's reasonable exercise of its rights under this agreement with regard to access to and use of the RCCA. Eden Prairie will not take any action within or adjacent to the RCCA that could reasonably be expected to diminish the effectiveness or function of the Project for the purposes intended, and after notice of completion of construction of the Project from RPBCWD, Eden Prairie will continue to maintain the RCCA in a manner that avoids inhibiting the effectiveness of the Project. If Eden Prairie transfers ownership of a fee interest in the RCCA or any portion of the RCCA improved by the Project during the term of this agreement, it will require as a condition of sale and enforce a requirement that the transferee assume in writing Eden Prairie's responsibilities and obligations under this agreement. c. On completion of construction of the Project, Eden Prairie will retain ownership of the RCCA,and,if selected for construction,the Bridge,provided that if Eden Prairie transfers ownership of a fee interest in the RCCA oor any portion of the RCCA improved by the Project or the Bridge during the term of this agreement, it will require as a condition of sale and enforce a requirement that the transferee assume in writing Eden Prairie's responsibilities and obligations under this agreement. February 28,2019 Cooperative Agreement 7 LMRWD-Eden Prairie-RPBCWD: Lower Riley Creek Corridor Enhancement Project 4.6 Eden Prairie may, at its sole discretion and expense, adjust the plans, design and specifications for the Bridge during construction, as long as the revised plans do not require Eden Prairie to exceed the scope of the rights granted under this agreement and, to the degree the changes affect design or construction of the Project, with concurrence of the RPBCWD engineer. 4.7 On notification from RPBCWD of completion of construction in accordance with paragraph 3.6, Eden Prairie will on its own, or by contract with an engineer licensed in the State of Minnesota, certify construction of the Bridge as substantially complete for the intended purposes, if selected by Eden Prairie for construction in conjunction with the Project in accordance with paragraph 4.3. 4.8 After certification of construction of the Project as substantially complete for the intended purposes, Eden Prairie will participate for the duration of this agreement in inspecting the Project and will,in collaboration with RPBCWD, produce an annual report on the status of the Project, consistent with the Enhancement Plan. Eden Prairie will complete or contract for the completion of, in its sole discretion and at its sole expense, Routine Maintenance as defined in the Enhancement Plan of the Project for 20 years from the date the Project is substantially complete for the intended purposes. 4.9 On receipt of documentation of costs incurred and paid, Eden Prairie will reimburse RPBCWD as described in section 2 of this agreement. 4.10 After completion of construction of the Project, Eden Prairie may solicit contributions from RPBCWD and/or LMRWD for non-routine maintenance and/or repairs of the Project. 4.11 Eden Prairie may conduct data-collection and analysis on the performance of the Project in reducing loading of sediment and other pollutants to Riley Creek, or request and utilize RPBCWD data and analysis for the purpose, and may utilize all credit generated by the Project toward compliance with goals and requirements imposed by state and federal regulatory programs, such as the National Pollutant Discharge Elimination System as applicable to Eden Prairie. 5 LMRWD's Specific Rights and Duties 5.1 LMRWD has reviewed and approves, by its signature hereunder, the 90 percent complete design and plans for the Project provided in Exhibit B. 5.2 On receipt of documentation of costs incurred and paid, LMRWD will reimburse RPBCWD as described in section 2 of this agreement. February 28,2019 Cooperative Agreement 8 LMRWD-Eden Prairie-RPBCWD: Lower Riley Creek Corridor Enhancement Project 6 General Terms 6.1 INDEPENDENT RELATIONSHIP; LIABILITY. This agreement does not create a joint powers board or organization within the meaning of Minnesota Statutes section 471.59, and no party agrees to be responsible for the acts or omissions of another pursuant to subdivision 1(a) of the statute. Only contractual remedies are available for the failure of a party to fulfill the terms of this agreement. Eden Prairie, LMRWD and RPBCWD enter this agreement solely for the purposes of improving the ecological health and condition of lower Riley Creek in Eden Prairie and downstream receiving waters. Accordingly, with respect to any and all activity undertaken pursuant to this agreement, Eden Prairie, LMRWD and RPBCWD (each party as an Indemnitor Party) agree to hold each other harmless, and defend and indemnify the other parties , their officers, employees and agents (individually, an Indemnified Party) from and against any and all liability, loss, claim, damage or expense (including reasonable attorney fees, costs and disbursements) that an Indemnified Party may incur as a result of the Project due to any negligent or willful act or omission by the Indemnitor Party or the Indemnitor Party's breach of any specific contractual duty. Notwithstanding the foregoing or any other provision of this agreement, Eden Prairie's, LMRWD's and RPBCWD's obligations under this paragraph will survive the termination of the agreement. This agreement creates no right in and waives no immunity, defense or liability limitation with respect to any third party. As between the parties, only contract remedies are available for a breach of this agreement. Notwithstanding the foregoing, RPBCWD will not be deemed to have acquired by entry into or performance under this agreement, any form of interest or ownership in or to any portion of the land that is the site of the construction of the Project or adjacent property. RPBCWD will not by entry into or performance under this agreement be deemed to have exercised any form of control over the use, operation or management of any portion of the property that is the site of the Project or adjacent property so as to render RPBCWD a potentially responsible party for any contamination under state and/or federal law, however this will not relieve the RPBCWD from liability as a potentially responsible party on the basis of categories other than ownership and operation as provided for under state and federal law. 6.2 PUBLICITY AND ENDORSEMENT. Any publicity regarding the Project must identify Eden Prairie, LMRWD and RPBCWD as the sponsoring entities. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for Eden Prairie, LMRWD or RPBCWD individually or jointly with others, or any subcontractors, with respect to the Project. RPBCWD, LMRWD and Eden Prairie will collaborate on the development of educational and informational signage and materials pertinent to the Project, and each February 28,2019 Cooperative Agreement 9 LMRWD-Eden Prairie-RPBCWD: Lower Riley Creek Corridor Enhancement Project party, at its cost,may develop,produce and, after approval of the other parties, distribute educational, outreach and publicity materials related to the Project. 6.3 DATA MANAGEMENT. All designs, written materials, technical data, research or any other work-in-progress will be shared between the parties to this agreement on request, except as prohibited by law. As soon as is practicable, the party preparing plans, specifications, contractual documents, materials for public communication or education will provide them to the other party for recordkeeping and other necessary purposes. 6.4 DATA PRACTICES. All data created, collected,received, maintained or disseminated for any purpose in the course of this agreement is governed by the Data Practices Act, Minnesota Statutes chapter 13, any other applicable state statute, or any state rules adopted to implement the act, as well as federal regulations on data privacy 6.5 ENTIRE AGREEMENT. This agreement contains the complete and entire agreement among the parties relating to the subject matter hereof, and supersedes all prior negotiations, agreements, representations and understandings, if any, between the parties respecting such matters. The recitals stated at the outset are incorporated into and a part of the agreement. 6.6 COMPLETE AGREEMENT. This agreement, as it may be amended in writing, constitutes the entire agreement between the Partners.Any amendment to this agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original agreement or their successors in office. 6.7 WAIVERS. The waiver by Eden Prairie, LMRWD or RPBCWD of any breach or failure to comply with any provision of this agreement by the other party will not be construed as nor will it constitute a continuing waiver of such provision or a waiver of any other breach of or failure to comply with any other provision of this agreement. 6.8 NOTICES, COORDINATION. The Partners designate the following authorized representatives, each to serve as the liaison to the other parties for purposes of coordinating inspection, construction oversight and maintenance of the Project as provided in this agreement. Any written communication required under this agreement will be addressed to the other parties as follows, except that any party may change its address for notice by so notifying the other parties in writing: February 28,2019 Cooperative Agreement 10 LMRWD-Eden Prairie-RPBCWD: Lower Riley Creek Corridor Enhancement Project Eden Prairie RPBCWD LMRWD Patrick Sejkora Claire Bleser Linda Loomis, Water Resources Engineer Administrator Administrator 8080 Mitchell Road 18681 Lake Drive East 112 Fifth St. E. Eden Prairie MN 55344 Chanhassen MN 55317 Chaska MN 55318 952-949-8360 952-607-6512 763-545-4659 psejkora@edenprairie.org cbleser@rpbcwd.org naiadconsulting@gmail.com 6.9 TERM; TERMINATION. This agreement is effective on execution by all three parties and will terminate 20 years from the date of execution or on the written agreement of the Partners. Any responsibility or obligation that has come into being before expiration, specifically including obligations under section 2 and paragraphs 5.2, 6.1 and 6.2 herein, will survive expiration. Further, if Eden Prairie transfers ownership of a fee interest in the RCCA or in any portion of the RCCA improved by the Project subsequent to the term of this agreement, Eden Prairie will require as a condition of sale and enforce that the purchaser agree in writing to refrain from taking any action that could reasonably be expected to diminish the effectiveness or function of the Project for the purposes intended. IN WITNESS WHEREOF, the parties have caused the agreement to be duly executed intending to be bounded thereby. (Signature page follows.) February 28,2019 Cooperative Agreement 11 LMRWD-Eden Prairie-RPBCWD: Lower Riley Creek Corridor Enhancement Project CITY OF EDEN PRAIRIE LOWER MINNESOTA RIVER WATERSHED DISTRICT By: , Mayor By: , President Date: Date: By: , City Manager Approved as to form &execution: Date: District counsel Approved as to form &execution: RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT City attorney By: By: , President Date: Approved as to form &execution: District counsel February 28,2019 Cooperative Agreement 12 LMRWD-Eden Prairie-RPBCWD: Lower Riley Creek Corridor Enhancement Project EXHIBIT A Lower Riley Creek Corridor (Reach E and D3) Enhancement Plan February 28,2019 Cooperative Agreement 13 LMRWD-Eden Prairic-RPBCWD: Lower Riley Creek Corridor Enhancement Project EXHIBIT B 90 percent Complete Design and Plans for the Project February 28,2019 Cooperative Agreement 14 LMRWD-Eden Prairie-RPBCWD: Lower Riley Creek Corridor Enhancement Project Lower Riley Creek Corridor (Reach Eand D3) Enhancement Plan C REF },ni- sd f ri ,-'• t--- '( i' '' .-,. .,i-',V.`: r '- '..* 1-1:4i t•••:ti . -1( ''.4r- :ri— it''. ` Arm-1 -e • •. 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K x f c .. r - •'r r z I CLNSTHMT1ON LIMITS 6! .fi o March, 2019 Prepared for Riley Purgatory Bluff Creek Watershed District and the City of Eden Prairie EDEN RILEY~.J1 iii PURGATORY ,^ PRAIRIE BLUFF CREEK ► LOWER MINNESOTA RIVER WAI R54-10)0I17RICT WATERSHED DISTRICT LIVE.WORK.DREAM Ecological Enhancement Plan Lower Riley Creek Stabilization Project March 2019 Contents 1.0 Context and Goals for this Ecological Enhancement Plan 1 2.0 Vision, Goals, and Project Approach 2 3.0 Location 5 4.0 Land Use History 5 5.0 Existing Conditions 6 5.1 Vegetation 6 5.2 Soils and Hydrology 8 5.3 Water Quality Impairments 9 5.4 Wetlands 10 5.5 Stream Geomorphic Assessment 10 5.6 Streambank Erosion 11 5.7 Wildlife 13 6.0 Desired Future Outcomes 14 7.0 Strategies for Ecological Enhancement and Management 16 7.1 Restoration Activities 16 7.2 Management Activities 21 7.2.1 Inspections 21 7.2.2 Maintenance 22 7.2.3 Annual report 23 8.0 Agreements 23 9.0 Financing, Work Plan and Responsibilities 24 C:\Users\sas\Dropbox(Barr)\RPBCWD-Lower Rley Enhancement Plan\Lower Riley Management Plan_3-22-19.docx List of Tables Table 2-1 Summary of Partner Goals and Project 3 Table 5-1 Summary of Soils Conditions within the Project Area 8 Table 5-2 Summary of Design Flows within the Project Area 8 Table 5-3 MPCA Water Quality Standards 9 Table 5-4 Riley Creek and Minnesota River Impairments 10 Table 6-1 Project Benefit Summary 15 Table 7-1 Project Design Elements 19 Table 8-1 Summary of Anticipated Agreements 23 Table 9-1 Financing, Work Plan Summary 24 List of Figures Figure 1-1 Location of Lower Riley Creek Stabilization Project 1 Figure 3-1 Location of Lower Riley Creek Stabilization Project 5 Figure 5-1 Native Hardwood Forest Community, upstream portion of Project 7 Figure 5-2 Buckthorn Dominated Forest, downstream portion of Project 7 Figure 5-3 Reach E Cross Section Comparison Example 11 Figure 5-4 Aerial images of Site D3 from 1987 and 2015 13 Figure 7-la Northern Portion of Reach E Restoration Methods 17 Figure 7-2b Northern Portion of Reach E Restoration Methods 17 Figure 7-3 Reach D3 Restoration Methods 18 List of Appendices Appendix A Inspection Form: Lower Riley Creek Corridor Enhancement Plan 1 .0 Context and Goals for this Ecological Enhancement Plan This document was written to guide enhancement and stewardship efforts of ecological resources within Reach E and Site D3 of Lower Riley Creek (i.e. the Lower Riley Creek Stabilization Project, or Project) as shown in Figure 1-1. The project partners include the Riley Purgatory Bluff Creek Watershed District (RPBCWD), Lower Minnesota River Watershed District (LMRWD), and City of Eden Prairie (City). This partnership was created when the City granted RPBCWD rights to the property for stream restoration and resulting ecological enhancement. LMRWD and the City are funding partners for the Project. This Ecological Enhancement Plan documents the goals of the partnership for the Lower Riley Creek Stabilization Project and establishes roles and responsibilities of Project partners for the 20 year life of the agreement. ^aM�Riley Creek aJ — - - -- —-. in TAreaemporary Construction `� 1 _ e - in I . y Primary Access Route ■ 1 c..F` v Y Semrxlary Access Route IS�� ' � Pu61'c Land Survey f —Sect ons 1 7 � "ll e P R - e J t,ler aro,rre4 �, s,.\ Y aiJ P.ccc»P.o Jte-No[a dlgM veNde " - '1 t ff my wpm no grounaasturoence .3 1Y j�-_ Nano aimruas sa.an _ I -' s. • - -• - - . _. PROJECT LOCATION F t! RI LEY s..�' Lavrer R'Iey Creek PURGATORY PdefP5 CMInflesora,` '.J BLUFF CREEK ._ WATERSHED DISTRICT FIGUREI1 Figure 1-1 Location of Lower Riley Creek Stabilization Project The partners will work collaboratively to review this ecological enhancement plan and financial prospectus that collectively establish leadership by each organization in site 1 management tasks. The financing plan in Section 9.0 includes information on which tasks are lead by which partner and how they are paid for. 2.0 Vision, Goals, and Project Approach The vision for this Project is to provide an ecologically diverse stream reach that significantly reduces streambank erosion, provides diverse habitat layers, and enhances the public's access and their understanding of why stable stream systems are important. Presently, Reach E has a primarily sandy channel bed with limited riffle/pool variability. The Project will provide greater stream depth variability, more channel bed substructure types, and varied channel velocities. The proposed Project will reduce erosion and improve water quality while also improving natural stream habitat for aquatic organisms. Providing better floodplain connectivity for Lower Riley Creek also enhances surrounding riparian habitat. By establishing a stable stream corridor, the Project will also address the Minnesota Pollution Control Agency's (MPCA's) identified turbidity impairment within this reach of Riley Creek. The Project's location in the Riley Creek Conservation Area provides opportunities for interpretive signage and future programming to educate the public on the importance of diverse stream corridors. As part of the Project partners planning processes, each have established goals intended to protect, restore, and enhance water resources. Table 2-1provides a summary of how the Project aligns with these goals. 2 Table 2-1 Summary of Partner Goals and Project Partner Goals How Project Aligns with Goal Design, maintain, and implement Education The project will educate the community that and Outreach programs to educate the is near and recreational users on the community and engage them in the work of project itself but also stewardship ideas that protecting, managing, and restoring water they can implement. resources. (EO 1) Include sustainability and the impacts of The District is going to utilize sustainable climate change in District projects, materials as part of the project. programs, and planning. Protect, manage, and restore water quality The project is restoring the reach E and D3 of District lakes and creeks to maintain of Riley Creek. designated uses. (WQual 1) Preserve and enhance habitat important to The project will enhance the creek corridor fish, waterfowl, and other wildlife.(WQual 3) which includes both terrestrial and aquatic habitats. m a The project will enhance the aquatic habitats by stabilizing eroding streambanks. Furthermore, the project will reduce habitat fragmentation by reconnecting the creek with the terrestrial uplands. Protect and enhance the ecological function The project will reconnect the creek to the of District floodplains to minimize adverse floodplain which will also help increase of impacts. (WQuan 1) pollutant removal, promote infiltration and enhancing the ecological habitat. Limit the impact of stormwater runoff on The project will dissipate the energy of receiving waterbodies. (WQuan 2) stormwater runoff entering the creek at stormwater sewer discharge at location. Erosion and Sediment Control—To manage The project will stabilize the streambanks erosion and control sediment discharge and reconnect the stream to the floodplain which will dissipate the energy of the runoff, re enhance pollutant removal, minimize 2 streambank erosion, and reduce sediment discharge downstream. 3 Partner Goals How Project Aligns with Goal Work to achieve water quality standards in The City will work in partnership with the Lakes, Streams and Wetlands consistent Watershed District, DNR, adjacent property with intended use and classification and owners and other interested parties to State of Minnesota water quality standards. restore creeks, creek banks, and gullies for health, safety and ecological integrity, using bioengineering for stabilization projects where feasible. We will also be setting an example for citizens and property owners by managing City-owned property. w Protect downstream water resources, The project will provide education reduce the potential for flooding and information and opportunities for residents minimize related public capital and to restore similar projects to restore maintenance expenditure necessary to shorelines. w control excessive volume and rates of runoff w o and to mitigate erosion. v Increase public involvement in knowledge in The project will facilitate a better management and protection of water understanding of water resource issues in resources the creek corridor while involving the public in the process. Support water recreation activities and fish The project will enhance recreational and wildlife habitat by implementation of opportunities and access to the creek programs to maintain or improve water corridor while maintaining the accessibility quality. and habitat in the creek corridor. This plan intends to adopt an adaptive management approach to restoring Riley Creek at Reach E and D3. An adaptive management approach evaluates the project performance following implementation and then determine if further actions are necessary to maintain the restoration. This project looks to mitigate and prevent additional erosion of streambanks and foster the use of natural materials and bioengineering principals for the restoration and maintenance of stream reaches whenever feasible. Technical stakeholders, including the USACE and MNDNR, have expressed a preference for bioengineering over hard armoring for stream stabilization where possible. Bioengineering techniques maintain more of a stream's natural function and provide better habitat and a more natural appearance than hard armoring. 4 3.0 Location Reach E (Figure 3-1) is approximately 4,600 feet long and located in the lower portion of Riley Creek as it flows to the Minnesota River. Site D3 is a 375-foot long ravine that conveys urban runoff to Reach E. Both Reach E and Site D3 are located within the boundaries of the Riley Creek Conservation Area, owned by the City of Eden Prairie, and have a watershed area of approximately 9.2 acres. ,:,,,. r,,I J f i ^€e 0AF 3',� ,',. it ti. tf4 : ..` -7 s. 3 ,y - Site Ei3 t+ # �6, •.•' ., . .k V T Primary Access Route t *I 4-k I- A 41 'ri-„ Secondary Access Route ��b. 11 Z � # '' ��� Pu„H Land survey A.� + d J.� {_L! q�q,� � A � e re- - _ Sections ,.„ ,. .aF t ba - .- , -) ,,,,FR. .).-,,,,, ,gt. - f J.., :Nov. . A i _ +„,.. ,1 _, i, - -• 7 . - ,, 0 _- .. ` l - mil' ~ nms-u:MI6 Color 7c�Ntwo[ems • J I'_ _ , - f " - nerve no Gea wv55ensse Smontlary Access Route-b°t and ligh[seNtle �''_ \ mt1conly lthwground_istuNance ' fi R. --` _ � PROJECT 6VERUlEW RILEY�- Lower Rley Creek - y f-I.-- -� ' PURGATORY Eden Pra e.Mnnonota k 'Y°r� BLUFF CREEK BARR i G. � _ wenocxrn ntsrovr 1 Figure 3-1 Location of Lower Riley Creek Stabilization Project 4.0 Land Use History Prior to European settlement, the entire Riley Creek watershed was located in an ecoregion known as the Big Woods, where oak woodland and maple-basswood forests were the dominant vegetation types. As settlement occurred, much of the landscape was initially converted to farmland. As urban development spread outwards from the Minneapolis core, areas of farmland then became converted to urban and suburban landscapes. This conversion is ongoing in some of the undeveloped areas of Riley Creek watershed. 5 As development occurred, the City of Eden Prairie recognized the importance of protecting remnants of the Big Woods landscape and creek corridors some of which are found within the boundaries of the Riley Creek Conservation Area. The Project is located in the Riley Creek Conservation Area, which is owned by the City of Eden Prairie. Three different zoning classifications are found in the vicinity, including public, residential, and rural. Adjacent land use is primarily residential. 5.0 Existing Conditions 5.1 Vegetation A vegetation assessment was completed in July 2016 to determine vegetation composition of the riparian portions of the Project area. The plant community surrounding Riley Creek in Reach E and Site D3 is dense hardwood forest with a nearly continuous canopy cover (90-100%). The riparian area is dominated by sugar maple, northern red oak, and basswood tree species. Other canopy and sub-canopy species commonly found throughout the Project area, though more prevalent in upstream portions, include ironwood, black cherry, bitternut hickory, and hackberry. The understory is comprised of marginal coverage to total coverage (30-100% cover) with large bare patches on heavily eroded slopes found closer to Riley Creek's banks. Wood nettle is the dominant understory species, covering 80-100% of the ground layer along large stretches of the Project area. Other native plant species found frequently through the Project area include wild ginger, Pennsylvania sedge, bloodroot, riverbank rye, and golden glow. Forest in the upstream portions of the Project exhibits characteristics of a native hardwood forest community, with a nearly closed canopy and open understory (Figure 5-1). However, glossy buckthorn is prevalent in the downstream portion of the Project area, with trees ranging from approximately three to eight feet in height, and saplings comprising a significant portion of the understory (Figure 5-2). Canada thistle is also found in the Project area, primarily in locations where small openings in the forest canopy allow for more sunlight in the understory layer. 6 '! E �3 "A f'14 iy G I+rr ,. 4 " TAB' kpam . sEi �� `1� ;I. SIR F?- ' .r ., ii IL:'', s� 5 xr. ; at , � rt tf . -4\---4r47:-.ft. WS L'-::, 71-:'---:- -Th,"-" ,,.:410 ., rt,„ fo- , - •• ... ;._,,, ,:CY'.4.__ _'.- � _ � ff . _- ,� { ¢,• 4'�°- ham` K - - t a a h £ 3 � ; ^'� `{°.' ,mo t Figure 5-1 Native Hardwood Forest Community, upstream portion of Project . .... ,,f, 4.kP )01,,,,, ,:,1 ' "tt/w��� o h` 1� GI �1! W'J �5 a 'gr 4 fi E y, J r r•Er� r r !_ k • r�y+. aii 1. __� 1 �� f �,r t '+ a� ' �; _ �� 1 1. r Ali --lx, � ,40. I ` i- ,:c_.-, ::::-; I., ,4,--,,...,t 4, 5,4,4;p! yi..,1,4„,,,,t,.,„„ -_,,roef.i.A1,r:fr.t4.:.-..„0.--,:ail,14..„_;.,•••'-%4 014 Li- ' I I, '' • 1' ' - ..- ::: .,-,m t:;--,---- A;)„7, „,,,',?-5 1.17,?-.4.,,,-.... :?-r:-‘, ..r.4.1.4.-4.4 fillake'*!? !I ' --- ' ' .-- '.. - 1 ,1 --''`,,\-'- .! 1.1;•,-.\,t 41`i' .' ..,;:'` l 4;st:'.rk..4,anlv.:' .1,,,,,, 11..;...,-,II1 i&km,1 . . . • .. • . ii,,,,,‘, 1. 1 Tx� 1 , , i 1 i, v 1 r t i; W,- t,.k Mrci11. ,tsr\T„', ''-.-'',Yr'--.: --A,,, '--'1' .'-.,-iiti 4'' r ' 1 ' ' max 41 y f 8,r z r L Figure 5-2 Buckthorn Dominated Forest, downstream portion of Project 7 5.2 Soilsand Hydrology Five different soil types are found in the Project area, as described in Table 5-1. Although soils in the Project area generally have low to moderate susceptibility to erosion, most of these soils are generally found on steep slopes. Ta ble 5-1 Summary of Soils Conditions within the Project Area Soil Type Typical Soil Slopes Erosion Susceptibility Hydric Status Hawick loamy sand 20-40 percent slopes Low to Moderate Not hydric Hawick gravelly sandy loam 12-20 percent slopes Low to Moderate Not hydric Lister-Ridgeton complex 25-45 percent slopes Moderate Predominantly non-hydric Suckercreek fine sandy loam 0-2 percent slopes Moderate Predominantly hydric Metea loamy fine sand 6-12 percent slopes Low to Moderate Not hydric Lester-Metea complex 18-25 percent slopes Low to Moderate Predominantly non-hydric Riley Creek is the primary hydrologic resource in the Project area. It travels through a steep valley, known as the Riley Creek Lower Valley, before flowing to the Minnesota River. This reach of Riley Creek has a deeply incised channel with a very limited floodplain. The narrow Riley Creek Lower Valley limits the ability of high flows to spread into a floodplain, thereby keeping high flows concentrated in and near the main channel, exacerbating existing bank erosion. Table 5-2 summarizes the flow rates in Reach E for design storm event of various sizes and the observed flows at Flying Cloud Drive. Table 5-2 Summary of Design Flows within the Project Area Design Event Hydrologic Model, Met. Council Gage, Station 140+00 Flying Cloud Drive (cfs) (cfs) 1 year 86 23 2 year 134 96 10 year 323 297 100 year 804 -- Maximum observed -- 472 8 5.3 Water Quality Impairments The MPCA maintains a list of impaired waters for the state of Minnesota. A body of water is considered impaired if it fails to meet one or more of the state's water quality standards presented in Table 5-3. Waters that are not able to meet their designated uses due to exceeding water quality standards are considered impaired. Lower Riley Creek, from Lake Riley to Grass Lake is included on the MPCA's 2018 Inventory of Impaired Waters (MPCA, 2016) for several impairments as summarized Table 5-4. States must develop a list of impaired waters that require total maximum daily load (TMDL) studies and routinely coordinate with the U.S. Environmental Protection Agency (EPA) for study approval. A TMDL study identifies the maximum amount of a certain pollutant that a body of water can receive without violating water quality standards and allocates that amount to the pollutant's sources. The MPCA began a TMDL study for this impaired reach of Riley Creek in 2014 and is targeted to complete the study in 2019. Table 5-3 MPCA Water Quality Standards Water Quality Parameter MPCA Water Quality Standard Total Phosphorus(summer average, pg/L) 100 Chlorophyll a(summer average, pg/L) 18 Secchi Disc Transparency(summer average, NA m) Total Suspended Solids(mg/L) 30 Daily Dissolved Oxygen Flux(mg/L) 3.5 Biological Oxygen Demand (5 day)(mg/L) 2 Escherichia coli (#per 100 mL) 126 3 Chloride (mg/L) 230 9 Table 5-4 Riley Creek and Minnesota River Impairments Waterbody Impaired Pollutant or Year TMDL TMDL TMDL Use Stressor Listed Study Study Study Target Target Approved Start Completion Riley Creek Aquatic Life Turbidit 2002 2014 2019 -- Aquatic Life' Aquatic 2018 2019 Macroinvertebrate Bioassessments Aquatic Life' Fishes 2018 _ 2019 Bioassessments Aquatic Escherichia coli 2018 _ 2019 Recreation' Aquatic Mercury in Fish 1998 1998 2025 -- Consum.tion Tissue3 Minnesota Aquatic Life Nutrients/Eutrophi 2016 2014 2019 -- River cation Asuatic Life Turbidit 1996 2014 2019 -- Aquatic PCB in Fish 1998 1998 2025 -- Consum.tion Tissue Aquatic Mercury in Water 1998 -- -- 20082 Consum.tion Column Aquatic Mercury in Fish 1998 -- -- 20082 Consum.tion Tissue 1 Included on the MPCA's Draft 2018 impaired waters list. 2 Covered under the statewide mercury TMDL,approved in 2007. 'Mercury impairments for Lake Riley and Staring Lake are not covered by the statewide mercury TMDL due to mercury in fish tissue exceeding a threshold value of 0.57 mg/kg. 5.4 Wetlands One wetland has been delineated within the Project area, located in the downstream end of Reach E. This wetland is an excavated stormwater pond approximately 0.38 acres in size and classified as a shallow open water basin. 5.5 Stream Geomorphic Assessment The Riley Creek channel through this reach is deeply incised and entrenched with large, steep, eroding valley walls. One erosion location measured approximately 50 feet wide and 40 feet tall. RPBCWD staff also noted that the headcuts documented in RPBCWD's2007 Lake Riley Outlet Improvements and Riley Creek Lower Valley Stabilization Feasibility Study. have migrated upstream such that the upstream reach is also now incised and entrenched. Stream survey data was collected in 2016 and compared to similar data collected in 2007 to verify the stream geomorphic changes during this time period. The 2007 survey 10 was conducted during the winter months and included limited data in the upstream portions of the reach below the ice. However, the points available below the ice clearly show that the channel bed has lowered in the upper portions of the reach (approximately 2,500 feet of the reach) while remaining fairly unchanged in the lower section. This survey data correlates with field observations of active erosion and head cutting in the upper section of the study reach. A comparison of cross sections (Figure 5-3) also shows that the channel has lowered since the 2007 survey as it is currently both deeper and wider. Project Station 11+270 2016 Salve`' 825 - -- _ - Summary Bankfull Area= — 24.1 SF 820 - • Bard&11 Depth =257 ft a1s Bank(u31 width =9.16 f1 •810 ` .. . 805 - �2ms survey -2007 Survey 800 _ 795 • 790 785 0 20 40 60 80 100 120 140 160 Distance,ft Figure 5-3 Reach E Cross Section Comparison Example Channel dimensions and ratios were not summarized for Site D3 because flow in this ravine is very sporadic. The cause of erosion at Site D3 is flashy stormwater runoff from adjacent residential and park property to a ravine. 5.6 Streambank Erosion The initial instability within Reach E was likely caused by the gradual increase in runoff volume and increased peak runoff rates generated by a developing watershed. The bank soils within the Lower Valley are clayey and cohesive, making them somewhat naturally resistant to erosion, particularly if sufficient vegetation is present to provide reinforcement with root masses. Streambanks within this reach are 6 to 10 feet tall, with vertical side slopes that are largely bare of vegetation. A narrow valley concentrates 11 flood flows closer to the channel than in a wide floodplain, thereby generating more erosive pressure on the stream bed and banks, especially during larger storm flows. Due to the channel depth, the creek has limited access to a floodplain. Based on MDNR regional curves and USGS regression equations. Riley Creek should have a mean bankfull depth of 1.5 to 2.5 feet instead of the current 6 to 10 feet. Based on Barr's 2015 PCSWMM model, design flood events up to the 100-yr design storm are largely conveyed within the channel. At Site D3, the original cause of erosion appears to be concentrated runoff into the ravine from agricultural fields, as shown in Figure 5-4. It appears that the top of the ravine was partially filled and some erosion protection was installed when the current development was built. The adjacent parkland and the back half of seven residential lots along Laforet Drive and Acorn Ridge drain toward the ravine, and the runoff is captured by two berms located near the top of the ravine. A small storm sewer system captures stormwater collected behind the berms and discharges the runoff into the ravine. It is assumed that the current development reduced the drainage area to the ravine and the runoff rates and volume to the ravine have likely been further reduced by the berms installed to intercept runoff at the top of the ravine. However, erosion has continued, as evidenced by undermining of the riprap installed at the storm sewer outlet. The storm sewer outlet is still located high enough within the ravine that the discharge causes erosion of the ravine bed. High velocities from the culvert (12 to 13 feet per second) combined with the steep channel slope of the ravine (11 percent slope) to cause continual erosion downstream of the culvert outfall. The invert of the ravine is actively eroding, creating scarps and adding sediment load to Riley Creek. 12 ,F, , ..,",.._.,,_______.„ 4 .-.-r--.1M i ' : C ..' . N w„-------._„__ ___----- ---- - ' - -1 __A'' .'. 7 r � b � Site D3 \V . _. w . #4 i ? Riley Creek y ^� ,; � - 0 1987 20154,4- 4.:.1„ ,,,,,,,et- 1:-A.,--,-, 1.1 Figure 5-4 Aerial images of Ste D3 from 1987 and 2015 5.7 Wild life Riley Creek Corridor which includes an upland deciduous forest provide potential habitat for a diversity of organisms, such as fish, including green sunfish, fathead minnow, and bluntnose minnow; amphibians, such as frogs, toads, and salamanders; birds such as bald eagles, hawks, heron, wood ducks, and perching birds; and mammals, such as fox, deer, squirrels, beaver, and muskrats. Wildlife found in the Project area are primarily expected to be habitat generalists due to the present lack of high-quality habitat through a majority of this Riley Creek reach. The proposed Project area is located within the Minnesota Biological Survey (MBS) Riley Creek Site of Biodiversity Significance, which is ranked high with regard to biodiversity significance (SBS; MNDNR 2017). The proposed Project area is also located within a Central Region Regionally Ecological Significant Area (RESA; MNDNR 2003). In general, RSEAs include places where intact native plant communities and/or native animal habitat are still found in the region and continue to provide important ecological functions. The Project's location within these designated areas enhances the importance of improving local habitat quality and diversity. 13 6.0 Desired Future Outcomes The proposed stabilization measures will result in reduced stream bank erosion and, therefore, reduced sediment and phosphorus loading to Riley Creek and all downstream water bodies, including Grass Lake, the Minnesota River, the Mississippi River, and Lake Pepin. The existing stream bank erosion rate (in units of feet per year) for each stabilization site was estimated based on a field assessment method known as the Bank Assessment for Non-Point Source Consequences of Sediment (BANCS) model.The BANCS model uses two erosion-estimation tools to develop risk ratings for the Bank Erosion Hazard Index (BEHI) and the Near-Bank Stress (NBS). The portions of Reach E and Site D3 analyzed are generally rated "moderate" or "high" for BEHI due to the high, steep eroding banks. For NBS, the sub-reaches are designated "low" or "high". The total reduction in pollutant loading as a result of stabilizing the Reach E and Site D3 project reaches is estimated as 2,173,930 pounds per year TSS and 1,250 pounds per year TP. These values are representative of an erosion rate of approximately 0.1 to 0.2 feet per year for the stream banks. The proposed Project has been designed to provide streambank stability while improving degraded habitat conditions of Reach E and Site D3. Presently, Reach E has a primarily sandy channel bed with limited riffle/pool variability. The proposed Project would provide greater stream depth variability, more channel bed substructure types, and varied channel velocities. Each of these variabilities enhances in-stream habitat features, potentially allowing more opportunities for macroinvertebrates and fish to use this reach of Lower Riley Creek. Providing better floodplain connectivity for Lower Riley Creek also enhances surrounding riparian habitat. In addition to the expected water quality improvement expect from restoring the stream, the Project will provide other benefits as summarized in Table 6-1. 14 Table 6-1 Project Benefit Summary Benefits Qualitative Discussion Metric Habitat Create in-channel habitat for fish and 2.9 acres of in-channel habitat (acres) macroinvertebrates providing pools, improvements; riffle and refuge area for aquatic life. 2.4 acres of riparian habitat Improve riparian habitat conditions improvements through invasive species removal and better connection of riparian corridor to stream channel. Pollutants Restore stable streambanks and Reduce TSS by 2,173,930 Ibs/yr; (e.g.,TP,TSS, etc; Ibs) improve riparian buffer to reduce Reduce TP by 1,250 lbs/yr movement of eroded soil and nutrients to Riley Creek Abstraction Re-connecting Riley Creek channel to Metric cannot be measured in (cubic ft) floodplain allows for greater the context of this Project. infiltration due to sandy soils found in the floodplain.Vegetation found within the floodplain also improves infiltration. Streambank Restored Restore stable streambanks and 4,600 feet of Reach E; (feet) improve riparian buffer is significant 375 feet of Site D3 driver of the other benefits presented in this table. Groundwater Conserved Benefit is not applicable. (gal) Community Reach Location in a recreation area allows for public accessibility; public hearing held prior to RPBCWD Board ordering project; will hold neighborhood meetings prior to construction; informational pamphlets explaining project will be placed at recreation trailhead during construction; plans for future interpretive signage Flow Reduction Re-connect Riley Creek channel to (fps, cfs, psf, etc.) floodplain, allowing high flows to extend into floodplain, reducing velocity of flows through the area. Flood Storage Improve connectivity of creek to (acft) floodplain, providing for project resiliency and reducing flow velocities Wetland Management Benefit is not applicable. Class 1 These values are representative of an erosion rate of approximately 0.1 to 0.2 feet per year for the stream banks. 15 7.0 Strategies for Ecological Enhancement and Management The RPBCWD is proposing to enhance 4,600 feet of Lower Riley Creek (Reach E), as well as approximately 375 feet of a ravine tributary to the creek (Site D3) as summarized on Figure 2. All restoration projects require ongoing management to ensure their long- term success. This section describes the initial restoration techniques and outlines a management program. 7.1 Restoration Activities Improvements to Reach E will be provided through several methods (Figure 7-la & b). The elevation of the Riley Creek channel in Reach E will be raised through constructing a series of approximately 30 rock riffles. The constructed riffles will raise the elevation of the channel by providing areas of grade control, allowing higher flows to better widen outside of the creek channel. The newly connected floodplain would be sized proportional to its setting in a narrow valley and would be approximately 30 to 60 feet wide. Allowing higher flower to more easily move outside the creek channel reduces the potential of further downcutting and associated erosion. As such, raising the channel elevation will increase the stability of Reach E. A series of approximately 8 log/rock step pools will be constructed to provide variable flow conditions. These step pools are planned to be constructed using trees salvaged on-site. In addition, a variety of bioengineering methods, including rock cross vanes, rock vanes, log vanes, root wads, and toe wood bank stabilization, will be incorporated across the proposed Project reach as needed to dissipate stream flows. Overbank areas would be graded to a stable, 2:1 or flatter slope. The proposed Project is planned to be cut/fill neutral, meaning there will be no net gain or loss of soil materials from the Project site. 16 I • F' — Reach E pd'a c+E•i- } < Y 0 Ar Teeamporary Construction '''� M1 I Primary Access Route -, �..*. }I-a_ L" . F + Bioengineering Features -Rack Rifles I r - O Root Wads f t ',/+.f 51= Cross Vane 'M'.. E l L i.. .. s Toe Wood t Bank �J 1 �Stati lz to S( J rIli , 111 y ) y. '''' i - ----'1,=.;,- " :4 e ` .� i eat z# c. ' - .- _ l$a 3c1a m,egerysemrrMI6 Caw,-CM/nwn clan g..� r T.. ¢d'1 "l/.•. _ Neho NO Mn Lin WWtLma - `{+ 7 'y -�-- REACH EOVERVIEW F c • c2 L�Y` — Lower Ri ley Creek _ _ 'PURGATORY Eden Prany Minnesota y:. -ik, ,,,, r. BLUFF CREEK WATERSHED DISTRICT -FIGURE]la Figure 7-la Northern Portion of Reach ERestoration Methods - . Reach �•�r + T Temporary Construction Il tin � - •�_ jr.,-- � Aiea mary ' 1}r — Second Access Routs ) Secondary Access Route ` Bioengineering Features - - -Rock Riffles - - • O Root Wads Cross Vane Toe Wood Bank } - �Stabilaat on • I, 11+r .,J e REMBEESir f Feet r ,t .eri�a:mn ''.1 rrugerytarrr�zoxe cnfir xrounry nwn c ,.. _ REACH EOVERVIEW \ ' i R- -- R PU RGAT Lower R'ley Ceek Eden Prance,Minnesota {BLUFF CREEK I.....-1 _ - WATERSUER DISTRICT FIGURE]-lb Figure 7-2b Northern Portion of Reach E Restoration Methods 17 Site D3 would be stabilized through the use of riprap, cross checks, scarp toe stabilization, and scarp stabilization (Figure 7-3). The existing riprap outfall in Site D3 would be reconstructed using new, appropriately-sized riprap. Eight boulder cross vanes would be installed in the lower two-thirds of Site D3 to provide ravine bottom stability and manage flow velocities through the ravine. There are several scarps adjacent to Site D3; these scarps and associated scarp toes would also be stabilized. r1 -;,-, wi,e•-: , :;:, ..7. -V,V4.- ( ig 7`1! . �� t � �e` � _.,T �.,�' ��,a 4,- T � r lki•� � I.y i I ]secnMaryAttessRoute 1 .: S7..,: .,•S.: B'oe�g�neenng Reawms Reach E 1�6V N� � ty C, -Root R ad s `YY � �!_P 'tr a Root Wads �' 4 Cross Vane Te, yyy7yyys�i Toe Woad Bank 5 F y 4. 'a' * t Stabil zation 0 120 I .. _. �/✓ > rse„uzus N¢ro M.WGrnhTfSternre 1� STIE 03 OVERVIEW RILEY Lower Riley creek PURGATORY Edge Rralrie Iinnesota � BLUFF CREEK E3ARR WATERSHED DISTRICT FIGURE 5 Figure 7-3 Reach D3 Restoration Methods The proposed Project will require modification or replacement of five storm sewer outfalls within the extents of Reach E. Existing pedestrian bridges are anticipated to remain in place; however, one new pedestrian bridge would be constructed to connect with an existing, paved access trail to the nature trails within the Riley Creek Conservation Area. 18 Table 7-1 Project Design Dements Design Element Purpose Ecological Benefit Rock Riffles Gravel or cobble-sized material The variety in flow and channel installed in the stream bed to substrate size provides habitat :°'``` ;wv " ' create natural flow patterns and diversity for aquatic species. to control stream bed elevations. 1104.. 1* r-i..., - Cross Vanes Boulders buried in the stream bed Scour pools develop over time . :., and extending partially("vanes")or near the vane, which provide f ' f entirely across the stream ("cross habitat diversity for species that 4; 5- ".$ 47 vanes")to achieve one or more of prefer pools to faster flowing in- T , � -.,i ;c?... the following goals: re direct flows channel habitat. ,tea - �, 1 ' away from banks, encourage _ �° x sediment deposition in selected �t , areas, and control stream bed P�.�54{ f '.; elevations. - Y Scarp and Scarp Toe Stabilization Vertical cedar pilings placed one foot on center along the toe of the actively eroding scarp and extending approximately 2 feet above the channel bed. Salvaged trees are installed longitudinally on the landward side of the cedar pilings. The combined structure reduces further erosion of the scarp toe and provide a bench for scarp material to deposit, eventually reducing the slope of the scarp and allowing for the scarp revegetation. 19 Design Element Purpose Ecological Benefit Root Wads Tree trunks with the root ball Creates undercut/overhanging attached, installed either singly bank habitat features. (root wads) or in conjunction • with additional large woody '- �r '. debris and toe wood to Increase yg. f. bank roughness and resistance r to erosion, re-direct flows away • -; a.`. • from banks, and provide a bench for establishment of riparian vegetation VRSS/Toe Wood Bank Stabilization Soil lifts created with a Creates undercut/overhanging • combination of root wads and bank habitat features. long-lasting, biodegradable fabric and vegetated to stabilize steep slopes and encourage establishment of root systems for further stabilization. Floodplain Connectivity Active floodplain/vegetated bench— Provides a smooth transition modifications made to the stream between in-channel, riparian, r cross section to increase floodplain and upland habitat. h connectivity and decrease erosive stress during flood flows;for this project, constructed by raising the LF channel bed. Vegetation/Buffer Established along a stream Using trees, shrubs, and a seed mix bank or overbank area to of grass and forbs provides a stabilize bare soils and increase diverse array of vegetation strata resistance to fluvial erosion. and habitat types.Allows for more naturalized aesthetics,with �� ss emphasis on native species. 41.7 20 7.2 Management Activities 7.2.1 Inspections The RPBCWD and/or city of Eden Prairie will conduct an inspection of the Project during the growing season each year. All inspections will include the tasks listed below, along with any other visual observation necessary. In addition, stream bank erosion issues often develop following high flow events; therefore the inspection tasks listed below should also be performed following storm events exceeding a 10-year return period for storm events with durations of 12 hours or greater, as defined by Atlas 14 and as recorded at the National Weather Service station in Chanhassen. • Inspect the condition of each of the stream bank protection locations throughout the Project Area. Criteria to note include but are not limited to the following: o For areas with riprap protection, should note: ■ The general condition of the riprap. ■ Observed displacement of riprap material. o For areas with rock vanes and cross vanes for bank protection, should note: ■ Displacement of boulders used to construct the vanes. ■ Potential undermining of the vanes due to scour immediately downstream of the vanes. ■ Flow patterns that appear to be eroding around the vane. ■ Any bank erosion within approximately 10 feet of the vane. o For areas with root wads for bank protection, should note: ■ The general condition of the root wads (moved, rotted, etc.). ■ Any bank erosion within approximately 10 feet of the root wad. o For areas with re-established vegetation, should note: ■ The general condition of seeded areas and vegetative plantings. ■ The survival rates of vegetative plantings. ■ The percent cover by grasses and forbs in seeded areas. • Document significant bank erosion locations, as defined as areas with raw, unvegetated banks greater than approximately two feet tall and with bank angles steeper than approximately 45 degrees. • Note any observed changes in the stream flow pattern or direction throughout the Project, and note other locations where bank protection may be required; • Examine storm sewer outlets for undermining, blockage and scour at the outlet and erosion; • Record location of accumulated debris, downed trees and branches that may adversely redirect the stream flow into the stream banks; 21 • Take photographs to document the inspection findings in the preceding inspection tasks. The inspection results will be summarized in a brief inspection report as described in the ANNUAL REPORT section. Appendix A contains the inspection form to be used during field inspections. Over the life of the project, the inspection form may be periodically revised to improve inspection effectiveness, including but not limited to the implementation of a mobile data collection app. The assessment will be amended to this report (the Lower Riley Creek Corridor Enhancement Plan) and can be used to inform potential actions. 7.2.2 Maintenance Routine maintenance activities may include removal of fallen trees that may impede the flow of water, revegetating exposed soils, replacement of boulders for cross vanes, repair of displaced riprap and maintenance of buffer areas as identified through the inspection report. Maintenance will consist of activities to ensure that the flow of water is not impeded. All maintenance activities will comply with RPBCWD's standard buffer maintenance requirements as summarized below: • Buffer vegetation must not be cultivated, cropped, pastured, mowed, fertilized, subject to the placement of mulch or yard waste, or otherwise disturbed, except for periodic cutting or burning that promotes the health of the buffer, actions to address disease or invasive species, mowing for purposes of public safety, temporary disturbance for placement or repair of buried utilities, or other actions to maintain or improve buffer quality and performance, each as approved by RPBCWD in advance in writing or when implemented pursuant to a written maintenance plan approved by RPBCWD. • Diseased, noxious, invasive or otherwise hazardous trees or vegetation may be selectively removed from buffer areas and trees may be selectively pruned to maintain health. • Pesticides and herbicides may be used in accordance with Minnesota Department of Agriculture rules and guidelines. • No fill, debris or other material will be placed within a buffer. • No structure or impervious cover (hard surface) may be created within a buffer area. 22 Routine Maintenance of the Project is defined as activities that will not require equipment that would adversely impact the Project area, as follows: • Removing fallen trees that are causing bank erosion; • Vegetation maintenance, such as vegetation replacement that does not require the use of heavy equipment within the Project area; • Replacement of cross vane boulders and repair of displaced riprap. Routine Maintenance does not include reconstruction of failed toe and bank stabilization design elements requiring heavy equipment. The City may solicit the RPBCWD for funding to address these non-Routine Maintenance repairs collaboratively. 7.2.3 Annual report A brief Project inspection and maintenance report will be developed on or before January 31 of each year. The report will contain the following information: • A summary of the inspection, including the presence or absence of any and all items specifically mentioned in the Inspections section above. • Describe any maintenance activities completed for the previous 12-month period ending December 31, including dates and actions. • A record of the location and quantity of any debris or fallen trees removed from Riley Creek. • List the type and quantities of materials used to repair bank protection at any repair locations stabilized. • A tabulation of costs for all labor, materials, and equipment involved in any maintenance activities for the previous 12-month period ending December 31. 8.0 Agreements Table 8-1 summarizes anticipated agreements required prior to construction of the Lower Riley Creek Restoration Project. Table 8-1 Summary of Anticipated Agreements Description Notes Period Lead Organization Cooperative Cooperative agreement between RPBCWD, 2018 RPBCWD, agreement LMRWD and city of Eden Prairie for activities LMRWD, and city between related to construction and maintenance of the of Eden Prairie RPBCWD, restoration project. The agreement would LMRWD and city establish procedures for performing specific of Eden Prairie tasks, and define responsibilities of each organization. 23 9.0 Financing, Work Plan and Responsibilities Table 9-1 identifies work plan, finances and responsibilities for the project. There are four main parts to the project: design, implementation, post-construction monitoring and long-term monitoring. Table 9-1 Financing, Work Plan Summary Activity Estimated Year Organization Dollars Lead Design Riley Creek $147,900 2017-2019 RPBCWD Stabilization Bridge TBD 2017-2019 City of Eden Prairie Bidding and Riley Creek $4,600 2019 RPBCWD* Award Stabilization with Bridge as option Implementation Bridge TBD 2019-2020 City of Eden Prairie* Creek, ravine, trail $1,500,000 2019-2020 RPBCWD restorations (includes $150,000 from each City of Eden Prairie and Lower Minnesota River Watershed District) Storm sewers RPBCWD and 2019-2020 RPBCWD outfalls City to Split cost 50/50 Post- 3-year Warranty Staff will monitor 2020-2023 RPBCWD and Construction City of Eden monitoring and Prairie inspections Long-term Inspections In-Kind 2023-2040 RPBCWD (most years) and City of Eden Prairie (every 5th year)( Routine TBD 2023-2040 City of Eden maintenance ' Prairie Non-Routine Determined as 2023-2040 City of Eden maintenance needed based on Prairie and inspections RPBCWD *The project bidding and award will be through RPBCWD. Supervision of implementation of the bridge will fall to the City. 24 The primary points of contact are presented in the table below. Organization Name Phone RPBCWD Claire Bleser 952-687-1348 Eden Prairie Patrick Sejkora 952-949-8360 Engineering Eden Prairie Matt Bourne 952-949-8535 Park LMRWD Linda Loomis 763-545-4659 Financial Participation Summary Organization Amount RPBCWD $1,265,000 Eden Prairie 150,000+Bridge+ outfalls+ routine maintenance LMRWD $150,000 25 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 2, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Aditi Salunke, IT Manager/ Declare equipment as surplus. VIII.N. Paul Schlueter, Fleet Services Requested Action Move to: Declare obsolete equipment as surplus and authorize the City Manager to dispose of property through authorized methods 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. The City of Eden Prairie utilizes several options to auction surplus property on the open market. The equipment on the attached Surplus Property List will be sold at public auction. The majority of the equipment will be auctioned using the Fahey Sales Ag and Construction Equipment, Fleet & Government Services Consignment Auction on Saturday April 13th or the April Tools & Business Equipment Auction on April 17th both in Glencoe MN. The City has used Fahey Sales auctions in the past and has been very satisfied with the sale proceeds received. Occasionally depending on the vehicle or equipment, other avenues such as trade-ins for new equipment are used to maximize surplus property returns. These surplus property disposal methods are in compliance with the City's Purchasing Policy and City code. All equipment will be disposed of as authorized by City Code Section 2.86, Subd. 3. Attachments List of Surplus IT Equipment 2019 Surplus Property List Asset Type Manufacturer Model Serial Number PC HP HP EliteDesk 800 G1 SFF 2UA412209G PC HP HP EliteDesk 800 G1 SFF 2UA4170807 PC HP HP EliteDesk 800 G1 SFF 2UA417080S PC HP HP EliteDesk 800 G1 SFF 2UA417080Q PC HP HP EliteDesk 800 G1 SFF 2UA412209M PC HP HP EliteDesk 800 G1 SFF 2UA412209R PC HP HP EliteDesk 800 G1 SFF 2UA412209D PC HP HP EliteDesk 800 G1 SFF 2UA4130NVT PC HP HP EliteDesk 800 G1 SFF 2UA4130NVS PC HP HP EliteDesk 800 G1 SFF 2UA412209H PC HP HP EliteDesk 800 G1 SFF 2UA412209L PC HP HP EliteDesk 800 G1 SFF 2UA412209N PC HP HP EliteDesk 800 G1 SFF 2UA412209P PC HP HP Compaq Elite 8300 SFF MXL3330N2G PC HP HP Compaq 8200 Elite SFF MXL2161GCW PC HP HP Compaq Elite 8300 SFF MXL3330N2P PC HP HP EliteDesk 800 G1 SFF 2UA4101H79 PC HP HP Compaq Elite 8300 SFF MXL30420KG PC HP HP EliteDesk 800 G1 SFF 2UA4101H77 PC HP HP EliteDesk 800 G2 SFF 2UA6141TX2 PC HP HP EliteDesk 800 G1 SFF 2UA417080M PC HP HP EliteDesk 800 G1 SFF 2UA417080V PC HP HP EliteDesk 800 G1 SFF 2UA417080T PC HP HP EliteDesk 800 G1 SFF 2UA417080D PC HP HP EliteDesk 800 G1 SFF 2UA417080C PC HP HP EliteDesk 800 G1 SFF 2UA4191Q5V Projector Screen Old Heritage room screen Projector Screen Old Heritage room screen UPS Liebert GXT 08261R1080AF011 Printer HP HP Officejet 6100 CN29P3RG58 Monitor Samsung 943BT MY19H9NSB09861Y Monitor Samsung 943BT MY19H9NSB09673N Monitor Samsung 943BT-2 Z2QKHCJCB00105V Monitor Samsung 943BT MY19H9NS803968W Wireless Mouse Logitech M325 1704LZX8WQB8 Laptop Toshiba Satellite M115 Z6090108Q Wireless Keyboard Logitech K520 DF43416UL Wireless Keyboard Logitech K520 DF43416V2 Desk Phone Mitel 5330 IP Phone FSABM7802 Desk Phone Mitel 5330 IP Phone 1T2FS120524H Desk Phone Mitel 5330 IP Phone AVAHJ8680 Desk Phone Mitel 5330 IP Phone AVAHJ7929 Desk Phone Mitel 5212 IP Phone AVADA6464 Desk Phone Mitel 5212 IP Phone AVADZ6951 Desk Phone Mitel 5215 Phone AVADS7710 Desk Phone Mitel Superset 420 AFACG8084 Desk Phone Mitel Superset 440 AFACK8024 Projector Lamp Sony LMP-C200 B14L3100930 Projector Lamp Epson ELPLPP75 QS7F00045241 Mac Mini Apple A1347 C07DV3RXDD6H Amplifier TOA BG-130 01F73A KVM Switch Belkin OmniView Pro2 16 Port 3051252156 Computer HP EliteDesk 800 G2 SFF 2UA7082H45 Computer HP EliteDesk 800 G1 SFF 2UA4191Q68 Computer HP EliteDesk 800 G1 SFF 2UA4191Q62 Monitor Dell E157FPB MX-0YH223-74262-841-3E9U Monitor Dell 1905FP CN-0T6116-71618-4BB-AD2P Computer HP Elite Desk 800 G1 SFF 2UA4170809 Computer HP EliteDesk 800 G1 SFF 2UA4117080J Computer HP EliteDesk 800 G1 SFF 2UA4191Q5J Computer HP Elite Desk 800 G1 SFF 2UA4191Q64 Computer HP Elite Desk 800 G1 SFF 2UA491Q69 Computer HP Elite Desk 800 G1 SFF 2UA4191Q5R Computer HP Elite Desk 800 G1 SFF 2UA4191Q5Y Scanner Fujitsu FI-5120C 172907 Pager USA Mobility 56ABZ649H 2111690 Docking Station Gamber Johnson 7160-0461-02-P F10414AAL016 Printer HP LaserJet 4050 USBD044355 Monitor Dell P190St CN-ORNMH6-74445-05S-CLSS Monitor Dell 1908FPc CN-0UW042-64180-76M-2ARA Monitor Samsung B1740R V891H9NZ902830B Printer Ricoh SP C252SF X114P300529 PC HP Elite Desk 800 G1 SFF 2UA4191Q5L PC HP Elite Desk 800 G1 SFF 2UA417080K PC HP Elite Desk 800 G1 SFF 2UA423210Q PC HP Elite Desk 800 G1 SFF 2UA417080B PC HP Elite Desk 800 G1 SFF 2UA4170808 PC HP Elite Desk 800 G1 SFF 2UA4130NVR PC HP Elite Desk 800 G1 SFF 2UA4130NVY PC HP Elite Desk 800 G1 SFF 2UA4101H73 PC HP EliteDesk 800 G2 SFF 2UA63028CM PC HP Elite Desk 800 G1 SFF 2UA4191Q60 PC HP Elite Desk 800 G1 SFF 2UA4122095 PC HP Elite Desk 800 G1 SFF 2UA4191Q5X PC HP HP Compaq 8000 Elite SFF MXL0371L6C PC HP Elite Desk 800 G1 SFF 2UA43609QB PC HP Elite Desk 800 G1 SFF 2UA4130NW0 PC HP Elite Desk 800 G1 SFF 2UA4130NVW PC HP Elite Desk 800 G1 SFF 2UA4130NVX PC HP HP Compaq Elite 8300 SFF MXL3330N2N PC HP Elite Desk 800 G1 SFF 2UA417080L PC HP Elite Desk 800 G1 SFF 2UA423211B PC HP HP Compaq Elite 8300 SFF MXL3411BNJ PC Dell Optiplex gx620 6YR5DB1 Monitor Dell P190Sb MX004NY50-74262-OAL-2WMLX Tripod Bogen 3126 Tripod Bogen 3126 Tripod RCA T910449 Camcorder Hitachi VM-E230A 70201906 Tripod Sunpak 1818XL Tripod Sunpak 1818XL Telephone Premier 0R0X39EQ1607 Telephone Cortelco Microphone Blue Snowball Telephone Mitel Superset2 SA930502689 Video Server StarDot Express 8 0030F4D700FE Video Server BrightSign HD223 33D6AC001426 Barcode Scanner Metrologic MS7120 5707011346 Telephone Mitel 5330e 1WDFW143419E Telephone Polycom Sounstation Premier 32047627 Telephone Mitel Superset4015 AFAEJ9603 Laptop Compaq CM2000 1V96CLRD82DM Telephone Mitel Superset420 AAADX6387 Telephone Polycom Soundstation2 H806410212DE Backup Drive Dell Powervault TL4000 A1077R0 Firewall Cisco ASA5505 JMX1747ZOCB Laptop HP Pavillion dv5000 CND55015VH DVR Seon Explorer CE602277 Camcorder Panasonic OmniMovieHQ G1WA10037 Camcorder Hitachi VM-S8200A 30107405 Telephone Northwestern Bell Dimension Telephone Northwestern Bell Dimension Telephone Northwestern Bell Dimension Telephone Northwestern Bell Dimension Telephone Northwestern Bell Dimension Telephone Northwestern Bell Dimension Telephone Northwestern Bell Dimension Telephone Northwestern Bell Dimension Telephone Northwestern Bell Dimension Telephone Northwestern Bell Dimension Telephone Northwestern Bell Dimension Telephone Northwestern Bell Dimension Telephone Northwestern Bell Dimension Telephone Northwestern Bell Dimension Printer Brother PocketJet 6 Plus U62865-D1G260260 Telephone Mitel Superset 4025 AFACU5621 Microphone EF Johnson XTBM694EFJ Microphone EF Johnson XTBM694EFJ Microphone EF Johnson XTBM694EFJ Radio EF Johnson SL-15R-EFJ 202030021 Radio EF Johnson SL-15R-EFJ 204070011 Radio EF Johnson SL-15R-EFJ 204060031 2019 Surplus Property List April 2, 2019 (Page-1) Equipment & Miscellaneous Property: Item # Quantity Description 1 1 Harbor Freight Model Drill Press (No Drill Chuck) 2 1 Tough Guy Brand Aluminum Truck Tool Box 3 5 Office Chairs on Wheels 4 1 2-Drawer File Cabinet 5 1 3-Drawer File Cabinet 6 2 Upholstered Side Chairs 7 1 Drop-Leaf Office Table on Wheels 8 2 Essick Air Products Electric Humidifiers 9 4 Stackable Chairs 10 1 Round Office Table 11 1 4-Drawer File Cabinet 12 1 5-Drawer File Cabinet 13 1 Pallet of Miscellaneous Woodshop Tools and Hardware 14 2 Abatement Technologies HEPA Air Purifiers 15 1 LP Fired Portable Water Heater 16 2 Steel Hardware Storage Bins 17 1 Bendito Model 1840 Hand Sheet Metal Brake 18 2 Reinforced Plastic Tarps 19 3 Echo Gas String Trimmers & Spare Parts 20 1 Empty Weatherhead Steel Storage Bin 21 1 Stihl Backpack Blower 22 1 Stihl Handheld Blower 23 1 Milwaukee Chop Saw 24 1 Pair of Ladder Jacks 25 1 Ajax Rescue Tool Kit 2019 Surplus Property List April 2, 2019 (Page-2) Equipment & Miscellaneous Property: Item # Quantity Description 26 1 Box of Old Maglite Flashlights 27 1 Evercraft Mechanics Stool 28 1 Dayton Metal Band Saw 29 1 Foley Planner/Molder 30 2 Electric Scroll Saws 31 1 DVD Player 32 1 Overhead Transparency Projector 33 1 Winco Model MLS4-L Generator—Light Plant SE# 78563-Y95 #753 34 1 Box of Old Computer Truck Mounts 35 1 Misc. Pallets of Used Decking from Staring Lake Amphitheater 36 1 Billy Goat Model HTR1602V Leaf Blower, SE# 102102229 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 2, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Janet Jeremiah, David Lindahl Cafeteria Services Agreement for City Center VIILO. Community Development Garden Room Requested Action Move to: Award the contract for Food Services in The Garden Room to Smokin Hottdish, LLC. Background Information Since purchasing the City Center building in 1993, the City has contracted with various food vendors to provide breakfast and lunch service to our employees and building tenants. Smokin Hottdish is a catering service owned and operated by Christene and Wardell Davis who have been catering for over 20 years. They characterize their food as "delicious comfort food made from scratch and uses healthy ingredients." They will serve breakfast and lunches in the Garden Room Monday thru Friday and will also use the kitchen to support their catering business. Minntahoe Catering and Events company will continue to provide catering services in the Garden Room for evening and weekend events. Attachment Cafeteria Service Agreement CAFETERIA SERVICE AGREEMENT GARDEN ROOM EDEN PRAIRIE CITY CENTER THIS AGREEMENT is made as of this 2ndh day of April, 2019, by and between Smokin Hottdish LLC, a Minnesota limited liability company ("Contractor"), and City of Eden Prairie, a Minnesota municipal corporation ("City"). RECITALS: A. City is the owner of a building known as the City Center ("Building") and land located at 8080 Mitchell Road, Eden Prairie, Minnesota. The Building contains a cafeteria identified on Exhibit 1 attached hereto, consisting of kitchen area, food service area, garden conference room, garden room, storage area, hallways and restrooms (collectively the "Garden Room"). B. The City owns all of the furniture, fixtures, equipment, cookware and tableware in the Garden Room ("City food service equipment"). Contractor is permitted to bring personal furniture, equipment and/or cookware into the Garden Room, but must provide the City with a list of personal items owned by the Contractor. Any furniture, equipment and/or cookware provided by the Contractor shall remain the sole property of the Contractor C. City desires to engage Contractor to operate the Garden Room in order to provide cafeteria services for breakfast and lunch on weekdays ("Cafeteria Services"). D. Contractor desires to operate the Garden Room in order to provide the Cafeteria Services in exchange for use of the kitchen area identified on Exhibit 1 to prepare food for Contractor's off-site catering E. The City contracts with a third party ("Catering Provider") to provide catering services for special events held in the Garden Room on evenings and weekends. The Catering Provider as of the date of this Agreement is Minntahoe Catering and Events Services. WITNESSETH: In consideration of the mutual promises of each to the other, City hereby authorizes Contractor, and Contractor hereby agrees to provide Cafeteria Services in the Garden Room upon the following terms and conditions: 1. Effective Date and Term of Agreement. 1 of 13 This Agreement shall become effective as of April 2nd, 2019 ("Effective Date"), and shall continue through December 31, 2019, except that this Agreement may be terminated as provided herein. The Agreement then automatically renews for continuous one year terms, with no action from either party required. 2. Services to be Provided by and Obligations of Contractor Contractor shall provide the following services and perform, and conform to, the following obligations: a. Operate the Garden Room to provide Cafeteria Services for breakfast and lunch as set forth in Contractor's proposal attached as Exhibit 2, with food service for breakfast provided from 7:00am — 9:00am and lunch provided from 11:00am to 1:30pm on weekdays excluding holidays. Contractor shall cease all service and clean and vacate the Garden Room by 3:00 p.m. each weekday. b. Contractor may use the Garden Room kitchen on weekends for preparing food for outside catering - only when not being used by the Garden Room Catering Provider or the City of Eden Prairie. Contractor is responsible obtaining Catering Provider's weekend schedule and coordinating the Garden Room kitchen use on weekends with Catering Provider. Contractor, may also access the dry storage, refrigerator and dishwashing area identified in Exhibit 1, after 3:00 p.m. and on weekends in order to access supplies and equipment for Contractor's catering business, but all such use shall be subject to Catering Provider's priority use. c. Contractor's daily cleaning shall include but not be limited to putting away all food and beverage products, cleaning and putting away all dishes, cookware and kitchen equipment, wiping down the kitchen area, food service area, and dish room (if used), sweeping and moping the kitchen area, food service area, and dish room (if used) and taking out the trash. d. Operate, keep and maintain the Garden Room, together with all equipment, furniture and fixtures therein in a first class, clean and sanitary manner, and in compliance with all Federal, State and City laws, rules and regulations relating to sanitation, health, preparation and serving of food and food products, and its employees including, but not limited to, the Occupational Safety and Health Act of 1970, as amended, wages, hours of employment and withholding of taxes. e. Abide by all rules and regulations fixed and set by City relating to the receipt and delivery of goods, supplies and catered foods and beverages 2 of 13 and the use of the Garden Room, the Building and surrounding land on which the Building is situated. f. At its sole cost and expense obtain all government licenses and permits required for the operations and services set forth herein. g. Repair or replace in a condition comparable to that existing as of the Effective Date of this Agreement, the Garden Room and the City food service equipment in the event of damage or destruction thereof caused by the willful act or negligence of Contractor, its employees, agents, customers or invitees within a reasonable time after such damage or destruction and in any case not more than 30 days after such occurrence. h. Refrain from leaving garbage or other material on the loading docks and in the compacting system and arrange for proper grease disposal. i. Obtain and pay for all food, beverages, candies, and consumable supplies and material of every kind and employ all labor and management personnel necessary for the Cafeteria Services. j. Obtain and pay for all operating supplies and linens, laundry and uniforms, and miscellaneous costs required in the Cafeteria Services. k. Contractor and its employees will park in service areas or lots and use entries and exits as designated by City. Contractor's personnel will contact the appropriate person (i.e. receptionist, maintenance personnel, security, etc,) immediately upon entering the Building, and will sign in and out if required by City. I. Care, coordination and communication by Contractor is imperative so that guests and employees in the Building are not disturbed or inconvenienced during the performance of the contracted services. m. Contractor's personnel must be neat appearing and wear a uniform and badge that clearly identifies them as a service contractor and abide by the City's no smoking policies. n. 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. o. When necessary, Contractor's personnel will be provided with keys or access cards in order to perform their work. Any lost keys or cards or other situation that result in rekeying a space or other cost to the City will 3 of 13 be billed back to the Contractor. Upon termination of this Agreement, Contractor shall return all keys and access cards to the City. 3. City's Obligations. City will do or provide to Contractor the following: a. Provide the City food service equipment existing in the Garden Room as of the Effective Date. Except as to damage or destruction caused by the willful act or negligence of Contractor, its employees, agents, customers or invitees, repair or replace the City food service equipment, in a condition comparable to that existing on the Effective Date of this Agreement, but only if Contractor shall have first given notice to City of the need to repair or replace. In no event is Contractor authorized to make or cause any repair or replacement without the written consent of City. If Contractor does so without such written consent, City shall not be obligated to reimburse Contractor for the cost thereof. Contractor has inspected the Garden Room and is familiar with the condition of the City food service equipment. b. Provide utilities including heating, cooling, lighting, electricity, and gas energy, hot and cold water and pest extermination reasonably necessary for Cafeteria Services. The obligation to provide heating and cooling shall be limited to that necessary to support normal daily operations. Additional heating, cooling, lighting, etc. for events may be charged back to the Contractor. c. Provide general cleaning services in the Garden Room and adjacent common areas, Monday through Friday. Maintain and clean walls, ceilings, windows, lights, exhaust fans and floors, except maintaining and cleaning to be performed by Contractor pursuant to Section 2 c and d above. d. Providing parking for Contractor's staff vehicles in the "City Employee Parking Lot". 4. Exclusive Rights for Cafeteria Services. a. Contractor shall, during the term of this Agreement, have the exclusive right to provide Cafeteria Services within the Garden Room during the hours specified in this Agreement; provided however, the City reserves the right to locate and operate vending machines and contract with a food delivery service. within the Garden Room and throughout the Building. Access to loading dock will be provided as needed. b. City contracts the Catering Provider to provide catering services for events in the Garden Room. Contractor shall not provide any catering services for events in the Garden Room. However, upon a request by the 4 of 13 City Contractor may provide food services in the Garden Room for City sponsored events. Contractor shall coordinate all use of the Garden Room and City food service equipment Catering Provider and the City. The Contractor shall have priority to use of the Garden Room and its kitchen related equipment weekdays from 6:00 a.m. to 3:00 p.m. Catering Provider shall have priority to use the Garden Room and City food service equipment at all other times. c. Contractor shall not use, operate, relocate or otherwise interfere with equipment of Catering Provider without permission from Catering Provider. 5. Monthly Accounting and Payment. a. No commission or fee will be paid by Contractor to the City for the use of the Garden Room Kitchen. In consideration for allowing Contractor to utilize the Garden Room Kitchen for the outside catering services, and for the City covering kitchen utility, maintenance, and repair costs outlined in Paragraph 5 of this Agreement, Contractor shall operate the Cafeteria Services for breakfast and lunch pursuant to the terms of this Agreement and at reasonable prices. A list of meal prices charged by the Contractor for breakfast and lunch items provided at the Garden Room are attached as Exhibit 2. If the Contractor raises prices, Contractor will provide advance notice to the City. b. Contractor shall not receive any subsidy or payment from the City for provision of the Cafeteria Services. 6. Liquor Contractor shall not be permitted to provide or serve alcoholic beverages. 7. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits 5 of 13 Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General Liability $1,500,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products — Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) All Risk "All Risk" or "Special Cause of Loss" property insurance for fire, casualty, theft, vandalism, malicious mischief, sprinkler damage, etc. insuring all contents of the Garden Rooms for not less than full replacement value. 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. 6 of 13 e. All policies, except the Worker's Compensation Policy, shall name the "City of Eden Prairie" as an additional insured on ISO forms CG 20 10 07 04 or CG 20 10 04 13; and CG 20 37 07 04 or CG 20 37 04 13, or their equivalent. f. All policies shall apply on a "per project" basis. g. All polices shall contain a waiver of subrogation in favor of the City. h. All policies shall be primary and non-contributory. i. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Agreement. j. Contractor agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City's written acceptance of the Work. 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 7 of 13 Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City's right to enforce the terms of Contractor's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor's Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 8. Indemnification. Contractor will indemnify City and hold it 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 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 agents or employees. 8 of 13 9. Termination. a. Either party may terminate this Agreement without cause at any time by giving notice of its intention to do so, to the other, as provided herein, at least sixty (60) days prior to the intended date of termination. b. Alternatively, 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. Immediately prior to termination of this Agreement, Contractor shall have restored, cleaned and maintained the Garden Room and the City food service equipment in a manner and condition in which it existed on the date hereof, reasonable wear and tear excepted. 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 Building 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, including, but not limited to, those described in Section 7 of this Agreement (prior liability), 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. 10.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: Christene Novelle Davis and Wardell Davis Smokin Hottdish, LLC 1711 West 143rd Street Burnsville, MN 55306 #228 Notices to the City shall be in writing and shall be either hand-delivered or 9 of 13 mailed to the City by certified mail at the following address: Facilities Manager 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. 11.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. 12.Assignment Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 13.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 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 10 of 13 Agreement shall contain similar Data Practices Act compliance language. 14.Non-Discrimination During the performance of this Agreement, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 15.Conflicts. No salaried officer or employee of the City and no member of the Council, or Commission, or Board of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the agreement void. 16.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. 17.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. 18.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. 19.Enforcement. 11 of 13 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. 20.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. 21.Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 22.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. 23.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. 24.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 12 of 13 such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 25.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. 26. Operating Changes. Changes to the operating procedures of Contractor, including but not limited to hours of service, types of services, and retail food prices, may be permitted without City Council approval if in writing and signed by Contractor and the City Manager. CITY OF EDEN PRAIRIE Ronald A. Case, Its Mayor Rick Getschow, Its City Manager SMOKIN HOTTDISH, LLC Christene Novelle Davis, Its Manager Wardell Davis, Its Manager 13 of 13 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 2 2019 ITEM DESCRIPTION: ITEM NO.: DEPARTMENT: Enterprise agreement and renewal of Microsoft VIII.P. Aditi Salunke, IT Manager licenses (Office 365, SQL Server, Windows Data Center, Windows 10 Enterprise) through State contract Requested Action Move to: Approve Enterprise Agreement and Authorize renewal of Microsoft Licenses purchase through SHI. Synopsis This is a renewal for a 3-year contract, originally entered in 2004 and last renewed in April of 2016. The contract includes annual payments, price protection for the duration of the 3-year term, and Software Assurance. The original contract was entered in 2004 for a six year term; it has been renewed in 2010, 2013 and 2016 for a 3-year term. The current agreement expires April 20, 2019. Pricing received from SHI is through the SHI Minnesota State Contract 48196. The City is enrolled as an affiliate of the State of Minnesota under master agreement number 01E61724 and thus receives the deepest discount on this agreement. Annual investment will be $139,600. This enterprise agreement is inclusive of the following: • Office 365, Skype, OneDrive for Business, Exchange 365 licenses for 540 users • Windows 10 Enterprise license for 540 workstations • Enterprise Mobility& Security(includes Azure AD Premium, InTune) • 13 SQL user CALs • 18 SQL server(2 core) licenses • 4 SQL server standard licenses • 4 Windows server Data Center licenses • 2 Windows server standard licenses The payments will be split over the next three years as follows. Year 1: $139,540 Year 2: $139,540 Year 3: $139,540 By leveraging this State contract, we also gain the following benefits: • Reduced administrative overhead • Prevention of periodic price changes • Planning services • Increased training options • Upgrades as needed • Training vouchers • MS Office Employee purchase program • Office Home Use Rights • TechNet Support Attachments • Enterprise Enrollment(Indirect) • Amendment M97 • Product Selection Form • Previous Enrollment Agreement • Discount Transparency Disclosure Form • Signature Form • SHI Quote Yrl • SHI Quote Yr2 • SHI Quote Yr3 Microsoft Volume Licensing Enterprise Enrollment State and Local Enterprise Enrollment number Framework ID (Microsoft to complete) 84172855 (if applicable) Previous Enrollment number 7334747 (Reseller to complete) This Enrollment must be attached to a signature form to be valid. This Microsoft Enterprise Enrollment is entered into between the entities as identified in the signature form as of the effective date. Enrolled Affiliate represents and warrants it is the same Customer, or an Affiliate of the Customer, that entered into the Enterprise Agreement identified on the program signature form. This Enrollment consists of: (1) these terms and conditions, (2) the terms of the Enterprise Agreement identified on the signature form, (3) the Product Selection Form, (4) the Product Terms, (5) the Online Services Terms, (6) any Supplemental Contact Information Form, Previous Agreement/Enrollment form, and other forms that may be required, and (7) any order submitted under this Enrollment. This Enrollment may only be entered into under a 2011 or later Enterprise Agreement. By entering into this Enrollment, Enrolled Affiliate agrees to be bound by the terms and conditions of the Enterprise Agreement. All terms used but not defined are located at http://www.microsoft.com/licensing/contracts. In the event of any conflict the terms of this Agreement control. Effective date. If Enrolled Affiliate is renewing Software Assurance or Subscription Licenses from one or more previous Enrollments or agreements, then the effective date will be the day after the first prior Enrollment or agreement expires or terminates. If this Enrollment is renewed, the effective date of the renewal term will be the day after the Expiration Date of the initial term. Otherwise, the effective date will be the date this Enrollment is accepted by Microsoft. Any reference to "anniversary date" refers to the anniversary of the effective date of the applicable initial or renewal term for each year this Enrollment is in effect. Term. The initial term of this Enrollment will expire on the last day of the month, 36 full calendar months from the effective date of the initial term. The renewal term will expire 36 full calendar months after the effective date of the renewal term. Terms and Conditions 1. Definitions. Terms used but not defined in this Enrollment will have the definition in the Enterprise Agreement. The following definitions are used in this Enrollment: "Additional Product" means any Product identified as such in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. "Community" means the community consisting of one or more of the following: (1) a Government, (2) an Enrolled Affiliate using eligible Government Community Cloud Services to provide solutions to a Government or a qualified member of the Community, or(3)a Customer with Customer Data that is subject to Government regulations for which Customer determines and Microsoft agrees that the use of Government Community Cloud Services is appropriate to meet Customer's regulatory requirements. EA2016EnrGov(US)SLG(ENG)(Nov2016) Page 1 of 10 Document X20-10634 Membership in the Community is ultimately at Microsoft's discretion, which may vary by Government Community Cloud Service. "Enterprise Online Service" means any Online Service designated as an Enterprise Online Service in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. Enterprise Online Services are treated as Online Services, except as noted. "Enterprise Product" means any Desktop Platform Product that Microsoft designates as an Enterprise Product in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. Enterprise Products must be licensed for all Qualified Devices and Qualified Users on an Enterprise-wide basis under this program. "Expiration Date" means the date upon which the Enrollment expires. "Federal Agency" means a bureau, office, agency, department or other entity of the United States Government. "Government" means a Federal Agency, State/Local Entity, or Tribal Entity acting in its governmental capacity. "Government Community Cloud Services" means Microsoft Online Services that are provisioned in Microsoft's multi-tenant data centers for exclusive use by or for the Community and offered in accordance with the National Institute of Standards and Technology (NIST) Special Publication 800-145. Microsoft Online Services that are Government Community Cloud Services are designated as such in the Use Rights and Product Terms. "Industry Device" (also known as line of business device) means any device that: (1) is not useable in its deployed configuration as a general purpose personal computing device (such as a personal computer), a multi-function server, or a commercially viable substitute for one of these systems; and (2)only employs an industry or task-specific software program (e.g. a computer-aided design program used by an architect or a point of sale program)("Industry Program"). The device may include features and functions derived from Microsoft software or third-party software. If the device performs desktop functions (such as email, word processing, spreadsheets, database, network or Internet browsing, or scheduling, or personal finance), then the desktop functions: (1) may only be used for the purpose of supporting the Industry Program functionality; and (2) must be technically integrated with the Industry Program or employ technically enforced policies or architecture to operate only when used with the Industry Program functionality. "Managed Device" means any device on which any Affiliate in the Enterprise directly or indirectly controls one or more operating system environments. Examples of Managed Devices can be found in the Product Terms. "Qualified Device" means any device that is used by or for the benefit of Enrolled Affiliate's Enterprise and is: (1) a personal desktop computer, portable computer, workstation, or similar device capable of running Windows Pro locally(in a physical or virtual operating system environment), or(2) a device used to access a virtual desktop infrastructure ("VDI"). Qualified Devices do not include any device that is: (1) designated as a server and not used as a personal computer, (2)an Industry Device, or(3) not a Managed Device. At its option, the Enrolled Affiliate may designate any device excluded above (e.g., Industry Device) that is used by or for the benefit of the Enrolled Affiliate's Enterprise as a Qualified Device for all or a subset of Enterprise Products or Online Services the Enrolled Affiliate has selected. "Qualified User" means a person (e.g., employee, consultant, contingent staff) who: (1) is a user of a Qualified Device, or (2) accesses any server software requiring an Enterprise Product Client Access License or any Enterprise Online Service. It does not include a person who accesses server software or an Online Service solely under a License identified in the Qualified User exemptions in the Product Terms. "Reseller" means an entity authorized by Microsoft to resell Licenses under this program and engaged by an Enrolled Affiliate to provide pre- and post-transaction assistance related to this agreement; "Reserved License" means for an Online Service identified as eligible for true-ups in the Product Terms, the License reserved by Enrolled Affiliate prior to use and for which Microsoft will make the Online Service available for activation. EA2016EnrGov(US)SLG(ENG)(Nov2016) Page 2 of 10 Document X20-10634 "State/Local Entity" means (1) any agency of a state or local government in the United States, or (2) any United States county, borough, commonwealth, city, municipality, town, township, special purpose district, or other similar type of governmental instrumentality established by the laws of Customer's state and located within Customer's state's jurisdiction and geographic boundaries. "Tribal Entity" means a federally-recognized tribal entity performing tribal governmental functions and eligible for funding and services from the U.S. Department of Interior by virtue of its status as an Indian tribe. "Use Rights" means, with respect to any licensing program, the use rights or terms of service for each Product and version published for that licensing program at the Volume Licensing Site. The Use Rights supersede the terms of any end user license agreement (on-screen or otherwise) that accompanies a Product. The Use Rights for Software are published by Microsoft in the Product Terms. The Use Rights for Online Services are published in the Online Services Terms. "Volume Licensing Site" means http://www.microsoft.com/licensing/contracts or a successor site. 2. Order requirements. �\ a. Minimum order requirements. Enrolled Affiliate's Enterprise must have a minimum of 250 Qualified Users or Qualified Devices. The initial order must include at least 250 Licenses for Enterprise Products or Enterprise Online Services. (i) Enterprise commitment. Enrolled Affiliate must order enough Licenses to cover all Qualified Users or Qualified Devices, depending on the License Type, with one or more Enterprise Products or a mix of Enterprise Products and the corresponding Enterprise Online Services (as long as all Qualified Devices not covered by a License are only used by users covered with a user License). (ii) Enterprise Online Services only. If no Enterprise Product is ordered, then Enrolled Affiliate need only maintain at least 250 Subscription Licenses for Enterprise Online Services. b. Additional Products. Upon satisfying the minimum order requirements above, Enrolled Affiliate may order Additional Products. c. Use Rights for Enterprise Products. For Enterprise Products, if a new Product version has more restrictive use rights than the version that is current at the start of the applicable initial or renewal term of the Enrollment, those more restrictive use rights will not apply to Enrolled Affiliate's use of that Product during that term. d. Country of usage. Enrolled Affiliate must specify the countries where Licenses will be used on its initial order and on any additional orders. e. Resellers. Enrolled Affiliate must choose and maintain a Reseller authorized in the United States. Enrolled Affiliate will acquire its Licenses through its chosen Reseller. Orders must be submitted to the Reseller who will transmit the order to Microsoft. The Reseller and Enrolled Affiliate determine pricing and payment terms as between them, and Microsoft will invoice the Reseller based on those terms. Throughout this Agreement the term "price" refers to reference price. Resellers and other third parties do not have authority to bind or impose any obligation or liability on Microsoft. f. Adding Products. (i) Adding new Products not previously ordered. New Enterprise Products or Enterprise Online Services may be added at any time by contacting a Microsoft Account Manager or Reseller. New Additional Products, other than Online Services, may be used if an order is placed in the month the Product is first used. For Additional Products that are Online Services, an initial order for the Online Service is required prior to use. EA2016EnrGov(US)SLG(ENG)(Nov2016) Page 3 of 10 Document X20-10634 (ii) Adding Licenses for previously ordered Products. Additional Licenses for previously ordered Products other than Online Services may be added at any time but must be included in the next true-up order. Additional Licenses for Online Services must be ordered prior to use, unless the Online Services are (1) identified as eligible for true-up in the Product Terms or(2) included as part of other Licenses. g. True-up requirements. Enrolled Affiliate must submit an annual true-up order that accounts for any changes since the initial order or last order. If there are no changes, then an update statement must be submitted instead of a true-up order. (i) Enterprise Products. For Enterprise Products, Enrolled Affiliate must determine the number of Qualified Devices and Qualified Users (if ordering user-based Licenses) at the time the true-up order is placed and must order additional Licenses for all Qualified Devices and Qualified Users that are not already covered by existing Licenses, including any Enterprise Online Services. (ii) Additional Products. For Additional Products that have been previously ordered under this Enrollment, Enrolled Affiliate must determine the maximum number of Additional Products used since the latter of the initial order, the last true-up order, or the prior anniversary date and submit a true-up order that accounts for any increase. (iii) Online Services. For Online Services identified as eligible for true-up in the Product Terms, Enrolled Affiliate may place a reservation order for the additional Licenses prior to use and payment may be deferred until the next true-up order. Microsoft will provide a report of Reserved Licenses ordered but not yet invoiced to Enrolled Affiliate and its Reseller. Reserved Licenses will be invoiced retroactively to the month in which they were ordered. (iv) Subscription License reductions. Enrolled Affiliate may reduce the quantity of Subscription Licenses at the Enrollment anniversary date on a prospective basis if permitted in the Product Terms, as follows: 1) For Subscription Licenses that are part of an Enterprise-wide purchase, Licenses may be reduced if the total quantity of Licenses and Software Assurance for an applicable group meets or exceeds the quantity of Qualified Devices and Qualified Users (if ordering user-based Licenses) identified on the Product Selection Form, and includes any additional Qualified Devices and Qualified Users added in any prior true-up orders. Step-up Licenses do not count towards this total count. 11 2) For Enterprise Online Services that are not a part of an Enterprise-wide purchase, Licenses can be reduced as long as the initial order minimum requirements are maintained. 3) For Additional Products available as Subscription Licenses, Enrolled Affiliate may reduce the Licenses. If the License count is reduced to zero, then Enrolled Affiliate's use of the applicable Subscription License will be cancelled. Invoices will be adjusted to reflect any reductions in Subscription Licenses at the true-up order Enrollment anniversary date and effective as of such date. (v) Update statement. An update statement must be submitted instead of a true-up order if, since the initial order or last true-up order, Enrolled Affiliate's Enterprise: (1) has not changed the number of Qualified Devices and Qualified Users licensed with Enterprise Products or Enterprise Online Services; and (2) has not increased its usage of Additional Products. This update statement must be signed by Enrolled Affiliate's authorized representative. (vi) True-up order period. The true-up order or update statement must be received by Microsoft between 60 and 30 days prior to each Enrollment anniversary date. The third- year true-up order or update statement is due within 30 days prior to the Expiration Date, and any license reservations within this 30 day period will not be accepted. Enrolled Affiliate EA2016EnrGov(US)SLG(ENG)(Nov2016) Page 4 of 10 Document X20-10634 may submit true-up orders more often to account for increases in Product usage, but an annual true-up order or update statement must still be submitted during the annual order period. (vii)Late true-up order. If the true-up order or update statement is not received when due, Microsoft will invoice Reseller for all Reserved Licenses not previously invoiced and Subscription License reductions cannot be reported until the following Enrollment anniversary date (or at Enrollment renewal, as applicable). h. Step-up Licenses. For Licenses eligible for a step-up under this Enrollment, Enrolled Affiliate may step-up to a higher edition or suite as follows: (i) For step-up Licenses included on an initial order, Enrolled Affiliate may order according to the true-up process. (ii) If step-up Licenses are not included on an initial order, Enrolled Affiliate may step-up initially by following the process described in the Section titled "Adding new Products not previously ordered," then for additional step-up Licenses, by following the true-up order process. i. Clerical errors. Microsoft may correct clerical errors in this Enrollment, and any documents submitted with or under this Enrollment, by providing notice by email and a reasonable opportunity for Enrolled Affiliate to object to the correction. Clerical errors include minor mistakes, unintentional additions and omissions. This provision does not apply to material terms, such as the identity, quantity or price of a Product ordered. j. Verifying compliance. Microsoft may, in its discretion and at its expense, verify compliance with this Enrollment as set forth in the Enterprise Agreement. 3. Pricing. XXXXX\ a. Price Levels. For both the initial and any renewal term Enrolled Affiliate's Price Level for all Products ordered under this Enrollment will be Level "D"throughout the term of the Enrollment. b. Setting Prices. Enrolled Affiliate's prices for each Product or Service will be established by its Reseller. Except for Online Services designated in the Product Terms as being exempt from fixed pricing, As long as Enrolled Affiliate continues to qualify for the same price level, Microsoft's prices for Resellers for each Product or Service ordered will be fixed throughout the applicable initial or renewal Enrollment term. Microsoft's prices to Resellers are reestablished at the beginning of the renewal term. 4. Payment terms. ‘N! For the initial or renewal order, Enrolled Affiliate may pay upfront or elect to spread its payments over the applicable Enrollment term. If an upfront payment is elected, Microsoft will invoice Enrolled Affiliate's Reseller in full upon acceptance of this Enrollment. If spread payments are elected, unless indicated otherwise, Microsoft will invoice Enrolled Affiliate's Reseller in three equal annual installments. The first installment will be invoiced upon Microsoft's acceptance of this Enrollment and remaining installments will be invoiced on each subsequent Enrollment anniversary date. Subsequent orders are invoiced upon acceptance of the order and Enrolled Affiliate may elect to pay annually or upfront for Online Services and upfront for all other Licenses. 5. End of Enrollment term and termination. a. General. At the Expiration Date, Enrolled Affiliate must immediately order and pay for Licenses for Products it has used but has not previously submitted an order, except as otherwise provided in this Enrollment. EA2016EnrGov(US)SLG(ENG)(Nov2016) Page 5 of 10 Document X20-10634 b. Renewal option. At the Expiration Date of the initial term, Enrolled Affiliate can renew Products by renewing this Enrollment for one additional 36-month term or by signing a new Enrollment. Microsoft must receive a Renewal Form, Product Selection Form, and renewal order prior to or at the Expiration Date. Microsoft will not unreasonably reject any renewal. Microsoft may make changes to this program that will make it necessary for Customer and its Enrolled Affiliates to enter into new agreements and Enrollments at renewal. c. If Enrolled Affiliate elects not to renew. (i) Software Assurance. If Enrolled Affiliate elects not to renew Software Assurance for any Product under its Enrollment, then Enrolled Affiliate will not be permitted to order Software Assurance later without first acquiring a new License with Software Assurance. (ii) Online Services eligible for an Extended Term. For Online Services identified as eligible for an Extended Term in the Product Terms, the following options are available at the end of the Enrollment initial or renewal term. 1) Extended Term. Licenses for Online Services will automatically expire in accordance with the terms of the Enrollment. An extended term feature that allows Online Services to continue month-to-month ("Extended Term")for up to one year, unless designated in the Product Terms to continue until cancelled, is available. During the Extended Term, Online Services will be invoiced monthly at the then-current published price as of the Expiration Date plus a 3% administrative fee. If Enrolled Affiliate wants an Extended Term, Enrolled Affiliate must submit a request to Microsoft at least 30 days prior to the Expiration Date. 2) Cancellation during Extended Term. At any time during the first year of the Extended Term, Enrolled Affiliate may terminate the Extended Term by submitting a notice of cancellation to Microsoft for each Online Service. Thereafter, either party may terminate the Extended Term by providing the other with a notice of cancellation for each Online Service. Cancellation will be effective at the end of the month following 30 days after Microsoft has received or issued the notice. (iii) Subscription Licenses and Online Services not eligible for an Extended Term. If Enrolled Affiliate elects not to renew, the Licenses will be cancelled and will terminate as of the Expiration Date. Any associated media must be uninstalled and destroyed and Enrolled Affiliate's Enterprise must discontinue use. Microsoft may request written certification to verify compliance. d. Termination for cause. Any termination for cause of this Enrollment will be subject to the "Termination for cause" section of the Agreement. In addition, it shall be a breach of this Enrollment if Enrolled Affiliate or any Affiliate in the Enterprise that uses Government Community Cloud Services fails to meet and maintain the conditions of membership in the definition of Community. e. Early termination. Any early termination of this Enrollment will be subject to the "Early Termination" Section of the Enterprise Agreement. For Subscription Licenses, in the event of a breach by Microsoft, or if Microsoft terminates an Online Service for regulatory reasons, Microsoft will issue Reseller a credit for any amount paid in advance for the period after termination. 6. Government Community Cloud. a. Community requirements. If Enrolled Affiliate purchases Government Community Cloud Services, Enrolled Affiliate certifies that it is a member of the Community and agrees to use Government Community Cloud Services solely in its capacity as a member of the Community and, for eligible Government Community Cloud Services, for the benefit of end users that are members of the Community. Use of Government Community Cloud Services by an entity that is not a member of the Community or to provide services to non-Community members is strictly EA2016EnrGov(US)SLG(ENG)(Nov2016) Page 6 of 10 Document X20-10634 prohibited and could result in termination of Enrolled Affiliate's license(s) for Government Community Cloud Services without notice. Enrolled Affiliate acknowledges that only Community members may use Government Community Cloud Services. b. All terms and conditions applicable to non-Government Community Cloud Services also apply to their corresponding Government Community Cloud Services, except as otherwise noted in the Use Rights, Product Terms, and this Enrollment. c. Enrolled Affiliate may not deploy or use Government Community Cloud Services and corresponding non-Government Community Cloud Services in the same domain. d. Use Rights for Government Community Cloud Services. For Government Community Cloud Services, notwithstanding anything to the contrary in the Use Rights: (i) Government Community Cloud Services will be offered only within the United States. (ii) Additional European Terms, as set forth in the Use Rights, will not apply. (iii) References to geographic areas in the Use Rights with respect to the location of Customer Data at rest, as set forth in the Use Rights, refer only to the United States. EA2016EnrGov(US)SLG(ENG)(Nov2016) Page 7 of 10 Document X20-10634 Enrollment Details 1. Enrolled Affiliate's Enterprise. a. Identify which Agency Affiliates are included in the Enterprise. (Required) Enrolled Affiliate's Enterprise must consist of entire offices, bureaus, agencies, departments or other entities of Enrolled Affiliate, not partial offices, bureaus, agencies,or departments,or other partial entities. Check only one box in this section. If no boxes are checked, Microsoft will deem the Enterprise to include the Enrolled Affiliate only. If more than one box is checked, Microsoft will deem the Enterprise to include the largest number of Affiliates: ❑x Enrolled Affiliate only ❑ Enrolled Affiliate and all Affiliates ❑ Enrolled Affiliate and the following Affiliate(s) (Only identify specific affiliates to be included if fewer than all Affiliates are to be included in the Enterprise): ❑ Enrolled Affiliate and all Affiliates, with following Affiliate(s) excluded: b. Please indicate whether the Enrolled Affiliate's Enterprise will include all new Affiliates acquired after the start of this Enrollment: Exclude future Affiliates \`� \ 2. Contact information. Each party will notify the other in writing if any of the information in the following contact information page(s) changes. The asterisks (*) indicate required fields. By providing contact information, Enrolled Affiliate consents to its use for purposes of administering this Enrollment by Microsoft, its Affiliates, and other parties that help administer this Enrollment. The personal information provided in connection with this Enrollment will be used and protected in accordance with the privacy statement available at https://www.microsoft.com/licensing/servicecenter. a. Primary contact. This contact is the primary contact for the Enrollment from within Enrolled Affiliate's Enterprise. This contact is also an Online Administrator for the Volume Licensing Service Center and may grant online access to others. The primary contact will be the default contact for all purposes unless separate contacts are identified for specific purposes Name of entity(must be legal entity name)* City of Eden Prairie Contact name* First ADITI Last SALUNKE* Contact email address*asalunke@edenprairie.org Street address*8080 Mitchell Rd. City* Eden Prairie State/Province* MN Postal code* 55344-2203- (For U.S. addresses, please provide the zip +4, e.g. xxxxx-xxxx) Country* United States Phone* 952-949-8520 Tax ID *indicates required fields b. Notices contact and Online Administrator. This contact(1)receives the contractual notices, (2) is the Online Administrator for the Volume Licensing Service Center and may grant online access to others, and (3) is authorized to order Reserved Licenses for eligible Online Servies, including adding or reassigning Licenses and stepping-up prior to a true-up order. EA2016EnrGov(US)SLG(ENG)(Nov2016) Page 8 of 10 Document X20-10634 ❑x Same as primary contact (default if no information is provided below, even if the box is not checked). Contact name* First ADITI Last SALUNKE* Contact email address*asalunke@edenprairie.org Street address*8080 Mitchell Rd. City* Eden Prairie State/Province* MN Postal code* 55344-2203- (For U.S. addresses, please provide the zip +4, e.g. xxxxx-xxxx) Country* United States Phone* 952-949-8520 Language preference. Choose the language for notices. English ❑ This contact is a third party (not the Enrolled Affiliate). Warning: This contact receives personally identifiable information of the Customer and its Affiliates. *indicates required fields c. Online Services Manager. This contact is authorized to manage the Online Services ordered under the Enrollment and (for applicable Online Services) to add or reassign Licenses and step-up prior to a true-up order. ❑ Same as notices contact and Online Administrator (default if no information is provided below, even if box is not checked) Contact name*: First ADITI Last SALUNKE* N71111 Contact email address*asalunke@edenprairie.org Phone*952-949-8520 ❑This contact is from a third party organization (not the entity). Warning: This contact receives personally identifiable information of the entity. *indicates required fields + �‘ d. Reseller information. Reseller contact for this Enrollment is: Reseller company name* SHI International Corp. Street address (PO boxes will not be accepted)*290 Davidson Ave City* Somerset State/Province* NJ Postal code* 08873-4145 Country* United States Contact name*Timothy Oh Phone*888-764-8888 Contact email address* msteam@shi.com *indicates required fields By signing below, the Reseller identified above confirms that all information provided in this Enrollment is correct. Signature* Printed name* Printed title* Date* *indicates required fields Changing a Reseller. If Microsoft or the Reseller chooses to discontinue doing business with each other, Enrolled Affiliate must choose a replacement Reseller. If Enrolled Affiliate or the Reseller intends to terminate their relationship, the initiating party must notify Microsoft and the EA2016EnrGov(US)SLG(ENG)(Nov2016) Page 9 of 10 Document X20-10634 other party using a form provided by Microsoft at least 90 days prior to the date on which the change is to take effect. e. If Enrolled Affiliate requires a separate contact for any of the following,attach the Supplemental Contact Information form. Otherwise, the notices contact and Online Administrator remains the default. (i) Additional notices contact (ii) Software Assurance manager (iii) Subscriptions manager (iv) Customer Support Manager(CSM) contact 3. Financing elections. Is a purchase under this Enrollment being financed through MS Financing? ❑ Yes, 0 No. If a purchase under this Enrollment is financed through MS Financing, and Enrolled Affiliate chooses not to finance any associated taxes, it must pay these taxes directly to Microsoft. EA2016EnrGov(US)SLG(ENG)(Nov2016) Page 10 of 10 Document X20-10634 1111! Microsoft Volume Licensing Amendment to Contract Documents Enrollment Number 294202 This amendment("Amendment") is entered into between the parties identified on the attached program signature form. It amends the Enrollment or Agreement identified above. All terms used but not defined in this Amendment will have the same meanings provided in that Enrollment or Agreement. Enterprise Enrollment (Indirect) Invoice for Quoted Price Amendment ID M97 Notwithstanding anything to the contrary or in addition to any terms in the Enrollment, the Enrollment is hereby amended to add the following paragraph: The price quoted to Enrolled Affiliate's Reseller is a fixed price based on an estimated order submission date. Microsoft will invoice Enrolled Affiliate's Reseller based on this fixed price quote. If this order is submitted later than the estimated order submission date, Enrolled Affiliate's Reseller will be charged for net new Monthly Subscriptions(including Online Services)for the period during which these services were not provided. Pricing to Enrolled Affiliate is agreed between Enrolled Affiliate and Enrolled Affiliate's Reseller. Except for changes made by this Amendment, the Enrollment or Agreement identified above remains unchanged and in full force and effect. If there is any conflict between any provision in this Amendment and any provision in the Enrollment or Agreement identified above, this Amendment shall control. This Amendment must be attached to a signature form to be valid. Microsoft Internal Use Only: (M97)EnrAmend(Ind)(InvoiceforQuotedPrice)( M97 PLSS WW)(ENG)(May2018)(IU).docx AmendmentApp v4.0 M97 PLSS Page 1 of 1 Enterprise Enrollment Product Selection Form Microsoft I Volume Licensing Proposal ID Enrollment Number 0816781.003 Language: English (United States) Enrolled Affiliate's Enterprise Products and Enterprise Online Services summary for the initial order: Profile Qualified Qualified Users Device/User Enterprise Product Platform CAL Licensing Model Devices Ratio Enterprise 275 275 1.0 Yes User Licenses Products Enterprise Quantity Microsoft 365 Enterprise Microsoft 365 E3 USL 275 Enrolled Affiliate's Product Quantities: Price Group 1 2 3 4 Enterprise Products Office Professional Plus+Office Client Access License+ Client Access License Win E3+Win E5+ 365 ProPlus+Office 365(Plans Office 365(Plans El, E3 +Windows Intune+ Win VDA+Microsoft E3 and E5)+Microsoft 365 and E5)+Microsoft 365 EMS USL+Microsoft 365 Enterprise Enterprise Enterprise 365 Enterprise Quantity 275 275 275 275 Enrolled Affiliate's Price Level: Product Offering/Pool Price Level Enterprise Products and Enterprise Online Services USLs: Unless otherwise indicated in associated contract documents, Price level set using the highest quantity from Groups 1 through 4. D Additional Product Application Pool: Unless otherwise indicated in associated contract documents, Price level set using quantity from Group 1. D Additional Product Server Pool: Unless otherwise indicated in associated contract documents, Price level set using the highest quantity from Group 2 or 3. D Additional Product Systems Pool: Unless otherwise indicated in associated contract documents,Price level set using quantity from Group 4. D NOTES Unless otherwise indicated in the associated contract documents,the price level for each Product offering/pool is set as described above, based upon the quantity to price level mapping below: CTM EA-EASProdSelForm(WW)(ENG) Page 1 of 2 Enterprise Enrollment Product Selection Form Microsoft I Volume Licensing Quantity of Licenses and Software Assurance Price Level 2,399 and below A 2,400 to 5,999 B 6,000 to 14,999 C 15,000 and above D Note 1: Enterprise Online Services may not be available in all locations. Please see the Product List for a list of locations where these may be purchased. Note 2: If Enrolled Affiliate does not order an Enterprise Product or Enterprise Online Service associated with an applicable Product pool,the price level for Additional Products in the same pool will be price level"A"throughout the term of the Enrollment. Refer to the Qualifying Government Entity Addendum pricing provision for more details on price leveling. CTM EA-EASProdSelForm(WW)(ENG) Page 2 of 2 � MiEL:, crosoft Volume Licensing Previous Enrollment(s)/Agreement(s) Form Entity Name: City of Eden Prairie Contract that this form is attached to: State Local Government For the purposes of this form, "entity" can mean the signing entity, Customer, Enrolled Affiliate, Government Partner, Institution,or other party entering into a volume licensing program agreement. Please provide a description of the previous Enrollment(s), Agreement(s), Purchasing Account(s), and/or Affiliate Registration(s) being renewed or consolidated into the new contract identified above. a. Entity may select below any previous contract(s)from which to transfer MSDN subscribers to this new contract. Entity shall ensure that each MSDN subscriber transferred is either properly licensed under the new contract or is removed. b. Entity may select below only one previous contract from which to transfer the Software Assurance (SA) Benefit contact details, i.e., benefits contact(not the SA manager)and the program codes, to this new contract. c. An Open License cannot be used to transfer either the SA Benefit details or MSDN subscribers. d. The date of the earliest expiring Enrollment/Agreement that contains SA or Online Services will be the effective date of the new contract (or SA coverage period for Select Plus). e. Please insert the number of the earliest expiring Enrollment/Agreement with SA or Online Services in the appropriate fields of the new contract. Enrollment/Agreement/ Enrollment/Agreement/ Transfer Transfer Purchasing Account/Affiliate Purchasing Account/Affiliate SA Benefit MSDN Registration Description Registration Public Customer Contact Subscribers Number Standard Enrollment 7334747 X X PrevEnrAgrForm(WW)(ENG)(Apr2016) Page 1 of 1 Microsoft I Volume Licensing _ Discount Transparency Disclosure Form Dale: 211 812 0 1 9 Program: Enterprise 6 Enrollment Number: Renewal Quote Number: 0816781.003 Partner Name: SHI International Corp. Reseller Address: 290 Davidson Ave Somerset,NJ,United Slates,08873.4145 Discount Details For this enrollment,Microsoft provided the Customer's Partner an additional discount off of the Partner's Net Price.The Partner is required,by Microsoft,to pass on the additional discount to the Customer by reducing the Microsoft Product resale price by an amount equal to or greater then the discount. Listed In the table below is the maximum price the partner may charge for the Microsoft Products to be ordered under this enrollment_The Maximum Resale Price(MRP)Is calculated by subtracting the additional discount provided to the Partner,from the total estimated resale price for the Microsoft Products. The requirement to pass through the additional discount,does not mean that Microsoft is setting the Customer's actual price.Partners remain free to set the price charged for Microsoft Products at any point equal to or below MRP.The Customer's actual price will be established by a separate agreement between Customer and Its Partner. Ordered Products Currency Maximum Resale Price US Dollar 514,107 Nate The Maximum Resale Price listed fn the table above only pertains to the Microsoft Products to be ordered under this Enrollment.The content of this form has no Impact an the Customer's price for Non-Micrasott products and services. In this form,the following definitions apply: "Customer*means the entity that may enter or has entered into a Contract With the Partner_ "Contract'means a binding agreement between the Penner and Affiliate,under which Customer orders Products from Partner. "Microsoft"means(1)the entity that has entered Into an agreement with Partner under which Partner may place orders for Microsoft Products for use by the Customer and(2)the affiliates of such entity,as appropriate_ "Maximum Resale Price"means the sum of the Estimated Retail Price for all Microsoft Products ordered under the Customer Contract minus the aggregated discount off of the Pertner's Net Price provided by Microsoft listed In the currency In which the Partner or Partner's reseller transacts with Microsoft'Product"means all Microsoft Products identified In the Product Terms,such as all Software,Online Services,and other web- based services,including pre-release or beta version,Microsoft product availability may vary by region. Partner: — Customer: _ Signature of Customer's authorized representative; — Printed name: Printed title: Date: 1r1 6111! Microsoft Volume Licensing Program Signature Form MBA/MBSA number 294202 Agreement number 01E73816 Note: Enter the applicable active numbers associated with the documents below. Microsoft requires the associated active number be indicated here, or listed below as new. For the purposes of this form, "Customer" can mean the signing entity, Enrolled Affiliate, Government Partner, Institution, or other party entering into a volume licensing program agreement. This signature form and all contract documents identified in the table below are entered into between the Customer and the Microsoft Affiliate signing, as of the effective date identified below. Contract Document Number or Code Enterprise Enrollment (Indirect) X20-10634 Product Selection Form 0816781.003_PSF Discount Transparency Disclosure Form 0816781.003_DTDF Enterprise Amendment M97 (NEW) By signing below, Customer and the Microsoft Affiliate agree that both parties (1) have received, read and understand the above contract documents, including any websites or documents incorporated by reference and any amendments and (2) agree to be bound by the terms of all such documents. Customer Name of Entity(must be legal entity name)* City of Eden Prairie Signature* Printed First and Last Name* Printed Title Signature Date* Tax ID *indicates required field Microsoft Affiliate Microsoft Corporation Signature Printed First and Last Name Printed Title Signature Date (date Microsoft Affiliate countersigns) Agreement Effective Date (may be different than Microsoft's signature date) ProgramSignForm(MSSign)(NA,LatAm)ExBRA,MLI(ENG)(Aug2014) Page 1 of 2 Optional 2nd Customer signature or Outsourcer signature (if applicable) Customer Name of Entity(must be legal entity name)* Signature* Printed First and Last Name* Printed Title Signature Date* *indicates required field Outsourcer Name of Entity(must be legal entity name)* Signature* Printed First and Last Name* Printed Title Signature Date* *indicates required field If Customer requires physical media, additional contacts, or is reporting multiple previous Enrollments, include the appropriate form(s)with this signature form. After this signature form is signed by the Customer, send it and the Contract Documents to Customer's channel partner or Microsoft account manager, who must submit them to the following address. When the signature form is fully executed by Microsoft, Customer will receive a confirmation copy. Microsoft Corporation Dept. 551, Volume Licensing 6100 Neil Road, Suite 210 Reno, Nevada 89511-1137 USA ProgramSignForm(MSSign)(NA,LatAm)ExBRA,MLI(ENG)(Aug2014) Page 2 of 2 Pricing Proposal Quotation#: 16539375 Reference#: EA 7334747 Created On: 1/17/2019 Valid Until: 1/31/2019 MN CITY OF EDEN PRAIRIE Inside Account Manager Aditi Salunke Clyde Amegashitsi 8080 MITCHELL ROAD 290 Davidson Avenue, Somerset, NJ ATTN:ACCOUNTS PAYABLE 08873 EDEN PRAIRIE,MN 55344 Phone: 732-537-7236 United States Fax: Phone: 952-949-8520 Email: clyde_amegashitsi@shi.com Fax: Email: All Prices are in US Dollar(USD) Product Qty Your Price Total 1 M365 E3 GCC ShrdSvr ALNG SubsVL MVL PerUsr 275 $349.20 $96,030.00 Microsoft-Part#:AAD-34704 Contract Name: Enterprise Hardware, Software and Services Contract#:48196 Coverage Term: 5/1/2019—4/30/2020 Note:Annual Payment Estimate-Year 1 of 3 2 M365F1 Full USL GCC ShrdSvr ALNG SubsVL MVL PerUsr 265 $103.20 $27,348.00 Microsoft- Part#:AAA-97791 Contract Name: Enterprise Hardware, Software and Services Contract#:48196 Coverage Term:5/1/2019—4/30/2020 Note:Annual Payment Estimate-Year 1 of 3 3 SQLCAL ALNG SA MVL DvcCAL 4 $35.00 $140.00 Microsoft-Part#: 359-00792 Contract Name: Enterprise Hardware, Software and Services Contract#:48196 Coverage Term: 5/1/2019—4/30/2020 Note:Annual Payment Estimate-Year 1 of 3 4 SQLCAL ALNG SA MVL UsrCAL 13 $35.00 $455.00 Microsoft-Part#: 359-00961 Contract Name: Enterprise Hardware, Software and Services Contract#:48196 Coverage Term:5/1/2019—4/30/2020 Note:Annual Payment Estimate-Year 1 of 3 5 SQLSvrStd ALNG SA MVL 5 $147.00 $735.00 Microsoft-Part#:228-04433 Contract Name: Enterprise Hardware, Software and Services Contract#:48196 Coverage Term: 5/1/2019—4/30/2020 Note:Annual Payment Estimate-Year 1 of 3 6 SQLSvrStdCore ALNG SA MVL 2Lic CoreLic 18 $585.00 $10,530.00 Microsoft-Part#: 7NQ-00292 Contract Name: Enterprise Hardware, Software and Services Contract#:48196 Coverage Term:5/1/2019—4/30/2020 Note:Annual Payment Estimate-Year 1 of 3 7 WinSvrDCCore ALNG SA MVL 2Lic CoreLic 32 $125.58 $4,018.56 Microsoft-Part#: 9EA-00278 Contract Name: Enterprise Hardware, Software and Services Contract#:48196 Coverage Term: 5/1/2019—4/30/2020 Note:Annual Payment Estimate-Year 1 of 3 8 WinSvrSTDCore ALNG SA MVL 2Lic CoreLic 16 $17.70 $283.20 Microsoft-Part#:9EM-00270 Contract Name: Enterprise Hardware, Software and Services Contract#:48196 Coverage Term:5/1/2019—4/30/2020 Note:Annual Payment Estimate-Year 1 of 3 Total $139,539.76 Additional Comments If you are using SHI's contract##48196 release C1046(5), please include this contract number on your PO *Please email all quote requests to QuotesMN@SHI.com* *Please email all order requests to OrdersMN@SHl.com OR fax 732-564-8280* The Products offered under this proposal are resold in accordance with the SHI Online Customer Resale Terms and Conditions, unless a separate resale agreement exists between SHI and the Customer. Pricing Proposal Quotation#: 16648687 Created On: 2/8/2019 Valid Until: 2/28/2019 MN CITY OF EDEN PRAIRIE Inside Account Manager Aditi Salunke Clyde Amegashitsi 8080 MITCHELL ROAD 290 Davidson Avenue, Somerset, NJ ATTN:ACCOUNTS PAYABLE 08873 EDEN PRAIRIE,MN 55344 Phone: 732-537-7236 United States Fax: Phone: 952-949-8520 Email: clyde_amegashitsi@shi.com Fax: Email: All Prices are in US Dollar(USD) Product Qty Your Price Total 1 M365 E3 GCC ShrdSvr ALNG SubsVL MVL PerUsr 275 $349.20 $96,030.00 Microsoft-Part#:AAD-34704 Contract Name: Enterprise Hardware, Software and Services Contract#:48196 Coverage Term: 5/1/2019—4/30/2020 Note:Annual Payment Estimate-Year 2 of 3 2 M365F1 Full USL GCC ShrdSvr ALNG SubsVL MVL PerUsr 265 $103.20 $27,348.00 Microsoft- Part#:AAA-97791 Contract Name: Enterprise Hardware, Software and Services Contract#:48196 Coverage Term:5/1/2020—4/30/2021 Note:Annual Payment Estimate-Year 2 of 3 3 SQLCAL ALNG SA MVL DvcCAL 4 $35.00 $140.00 Microsoft-Part#: 359-00792 Contract Name: Enterprise Hardware, Software and Services Contract#:48196 Coverage Term: 5/1/2020—4/30/2021 Note:Annual Payment Estimate-Year 2 of 3 4 SQLCAL ALNG SA MVL UsrCAL 13 $35.00 $455.00 Microsoft-Part#: 359-00961 Contract Name: Enterprise Hardware, Software and Services Contract#:48196 Coverage Term:5/1/2020—4/30/2021 Note:Annual Payment Estimate-Year 2 of 3 5 SQLSvrStd ALNG SA MVL 5 $147.00 $735.00 Microsoft-Part#:228-04433 Contract Name: Enterprise Hardware, Software and Services Contract#:48196 Coverage Term: 5/1/2020—4/30/2021 Note:Annual Payment Estimate-Year 2 of 3 6 SQLSvrStdCore ALNG SA MVL 2Lic CoreLic 18 $585.00 $10,530.00 Microsoft-Part#: 7NQ-00292 Contract Name: Enterprise Hardware, Software and Services Contract#:48196 Coverage Term:5/1/2020—4/30/2021 Note:Annual Payment Estimate-Year 2 of 3 7 WinSvrDCCore ALNG SA MVL 2Lic CoreLic 32 $125.58 $4,018.56 Microsoft-Part#: 9EA-00278 Contract Name: Enterprise Hardware, Software and Services Contract#:48196 Coverage Term: 5/1/2020—4/30/2021 Note:Annual Payment Estimate-Year 2 of 3 8 WinSvrSTDCore ALNG SA MVL 2Lic CoreLic 16 $17.70 $283.20 Microsoft-Part#:9EM-00270 Contract Name: Enterprise Hardware, Software and Services Contract#:48196 Coverage Term:5/1/2020—4/30/2021 Note:Annual Payment Estimate-Year 2 of 3 Total $139,539.76 Additional Comments If you are using SHI's contract##48196 release C1046(5), please include this contract number on your PO *Please email all quote requests to QuotesMN@SHI.com* *Please email all order requests to OrdersMN@SHl.com OR fax 732-564-8280* The Products offered under this proposal are resold in accordance with the SHI Online Customer Resale Terms and Conditions, unless a separate resale agreement exists between SHI and the Customer. Pricing Proposal Quotation#: 16648730 Created On: 2/8/2019 Valid Until: 2/28/2019 MN CITY OF EDEN PRAIRIE Inside Account Manager Aditi Salunke Clyde Amegashitsi 8080 MITCHELL ROAD 290 Davidson Avenue, Somerset, NJ ATTN:ACCOUNTS PAYABLE 08873 EDEN PRAIRIE,MN 55344 Phone: 732-537-7236 United States Fax: Phone: 952-949-8520 Email: clyde_amegashitsi@shi.com Fax: Email: All Prices are in US Dollar(USD) Product Qty Your Price Total 1 M365 E3 GCC ShrdSvr ALNG SubsVL MVL PerUsr 275 $349.20 $96,030.00 Microsoft-Part#:AAD-34704 Contract Name: Enterprise Hardware, Software and Services Contract#:48196 Coverage Term: 5/1/2021 —4/30/2022 Note:Annual Payment Estimate-Year 3 of 3 2 M365F1 Full USL GCC ShrdSvr ALNG SubsVL MVL PerUsr 265 $103.20 $27,348.00 Microsoft- Part#:AAA-97791 Contract Name: Enterprise Hardware, Software and Services Contract#:48196 Coverage Term:5/1/2021 —4/30/2022 Note:Annual Payment Estimate-Year 3 of 3 3 SQLCAL ALNG SA MVL DvcCAL 4 $35.00 $140.00 Microsoft-Part#: 359-00792 Contract Name: Enterprise Hardware, Software and Services Contract#:48196 Coverage Term: 5/1/2021 —4/30/2022 Note:Annual Payment Estimate-Year 3 of 3 4 SQLCAL ALNG SA MVL UsrCAL 13 $35.00 $455.00 Microsoft-Part#: 359-00961 Contract Name: Enterprise Hardware, Software and Services Contract#:48196 Coverage Term:5/1/2021 —4/30/2022 Note:Annual Payment Estimate-Year 3 of 3 5 SQLSvrStd ALNG SA MVL 5 $147.00 $735.00 Microsoft-Part#:228-04433 Contract Name: Enterprise Hardware, Software and Services Contract#:48196 Coverage Term: 5/1/2021 —4/30/2022 Note:Annual Payment Estimate-Year 3 of 3 6 SQLSvrStdCore ALNG SA MVL 2Lic CoreLic 18 $585.00 $10,530.00 Microsoft-Part#: 7NQ-00292 Contract Name: Enterprise Hardware, Software and Services Contract#:48196 Coverage Term:5/1/2021 —4/30/2022 Note:Annual Payment Estimate-Year 3 of 3 7 WinSvrDCCore ALNG SA MVL 2Lic CoreLic 32 $125.58 $4,018.56 Microsoft-Part#: 9EA-00278 Contract Name: Enterprise Hardware, Software and Services Contract#:48196 Coverage Term: 5/1/2021 —4/30/2022 Note:Annual Payment Estimate-Year 3 of 3 8 WinSvrSTDCore ALNG SA MVL 2Lic CoreLic 16 $17.70 $283.20 Microsoft-Part#:9EM-00270 Contract Name: Enterprise Hardware, Software and Services Contract#:48196 Coverage Term:5/1/2021 —4/30/2022 Note:Annual Payment Estimate-Year 3 of 3 Total $139,539.76 Additional Comments If you are using SHI's contract##48196 release C1046(5), please include this contract number on your PO *Please email all quote requests to QuotesMN@SHI.com* *Please email all order requests to OrdersMN@SHl.com OR fax 732-564-8280* The Products offered under this proposal are resold in accordance with the SHI Online Customer Resale Terms and Conditions, unless a separate resale agreement exists between SHI and the Customer. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 2, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Matt Bourne, Parks and Approve the Settlement Agreement and VIII.Q. Natural Resources Manager, General Release with Liberty Diversified Parks and Recreation International, Inc. Motion Move to: Approve the Settlement Agreement and General Release with Liberty Diversified International, Inc. for the replacement of decking at the Staring Lake Park Amphitheater. Synopsis The City installed GeoDeck composite decking on the stage of the Staring Lake Amphitheater in 2009. Since then, the material used has not performed to the level that was expected and staff has made numerous repairs and replacements. With the many advancements in composite decking, a total replacement of the material is the most effective solution. Liberty Diversified International, Inc. has agreed that as part of the warranty for the original decking, they will reimburse the City the purchase value of GeoDeck replacement material in the amount of$16,469.25. Attachment Settlement Agreement and General Release Settlement Agreement and General Release Parties THIS SETTLEMENT AGREEMENT AND GENERAL RELEASE ("Agreement") is entered into effective March 20, 2019 (the "Effective Date") among The City of Eden Prairie ("Purchaser"), and Liberty Diversified International, Inc., including but not limited to, all of its subsidiaries and affiliates ("LDI") (collectively, the "Parties"). Recitals WHEREAS, on or about February 12, 2009 Purchaser obtained and installed, GeoDeck decking materials ("Decking")manufactured and sold by LDI at a Park Property located at Staring Lake Park 14800 Pioneer Trail, Eden Prairie,MN 55344 ; and WHEREAS, the Decking allegedly failed to perform properly, and; WHEREAS, in the spirit of goodwill and without LDI admitting liability,the Parties mutually desire to enter into this Agreement in order to reach a settlement of the claim. NOW, THEREFORE, and in consideration of the execution and delivery of this Agreement, the recitals and mutual promises contained herein, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Parties agree as follows: Agreement 1. LDI will provide reimbursement in the amount of Sixteen Thousand Four Hundred Sixty-Nine and 25/100 Dollars ($16,469.25) for the purchase value of the allegedly defective Product consisting of: - 170—2"x 8"x 20' (commercial) decking boards - 24—fascia boards (12') - Approximately 5,900 trim head screws 2. LDI and Purchaser RELEASE AND FOREVER DISCHARGE each other, of and from any and all claims, demands, controversies, actions, or causes of action which arose out of or were in any way connected with the Decking. 3. It is expressly understood and agreed that the Parties to this Agreement have paid or will pay at their own respective expense, all costs and/or expenses they each have incurred arising out of the dispute described herein above. 4. The Parties understand and agree that this settlement is a compromise of disputed claims and that this Agreement is not to be construed or used as an admission of liability on the part of the persons, firms, organization, or corporations hereby released, by each of whom liability is expressly denied. 5. This Agreement may be executed in any number of counterparts, each of which is an original for all purposes, but all of which together constitute one agreement. Copies or faxes of signatures shall be considered original signatures for the purposes of counterparts. 6. By signing below and delivering this Agreement, each Party acknowledges that it has read, understands, and intends to bind itself to this Agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year set forth below, effective as of the Effective Date set forth in the beginning of this Agreement. LIBERTY DIVERSIFIED INTERNATIONAL, INC. By: Title: Date: CITY OF EDEN PRAIRIE By: Title: Mayor Date: By: Title: City Manager Date: CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 2, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Matt Bourne, Parks and Award Purchasing Contract to Timberwall VIII.R. Natural Resources Manager, Landscape &Masonry Products, Inc. for the Parks and Recreation Purchase of Landscape Pavers Motion Move to: Award contract to Timberwall Landscape &Masonry Supply Co., Inc. for the purchase and delivery of new landscape pavers at a total cost of$29,280.00. Synopsis The landscape pavers at the main entrance plaza to the Eden Prairie Community Center were installed as part of the 2008 expansion and have degraded to the point where many of them are failing and causing trip hazards. Staff researched the many products available to replace the plaza and found that the Techo-Bloc paver is constructed to a more stringent specification than most other pavers in the U.S., giving it a superior resistance to salt damage. After the pavers have been purchase, staff will work with a contractor for the installation. Funds for this purchase are included in the Capital Improvement Plan (Capital Maintenance and Reinvestment Fund). Attachment Standard Contract for Goods and Services - Timberwall 2017 06 10 Contract for Goods and Services This Contract ("Contract") is made on the 2nd day of April, 2019, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Timberwall Landscape & Masonry Products, Inc., a Minnesota Corporation (hereinafter "Vendor") whose business address is 1915 Arboretum Blvd, Victoria, MN 55386. Preliminary Statement The City has adopted a policy regarding the selection and hiring of vendors to provide a variety of goods and/or services for the City. That policy requires that persons, firms or corporations providing such goods and/or services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of goods and/or services by Vendor for suppling and delivering landscape pavers hereinafter referred to as the "Work". The City and Vendor agree as follows: 1. Scope of Work The Vendor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. 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 of Contract. All Work under this Contract shall be provided, performed and/or completed by May 1, 2019. 3. Compensation for Services. City agrees to pay the Vendor a fixed sum of$ 29,280.00 as full and complete payment for the goods, labor, materials and/or services rendered pursuant to this Contract and as described in Exhibit A. 4. Method of Payment. Vendor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. 5. Standard of Care. Vendor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. 6. Insurance. a. General Liability. Vendor shall maintain a general liability insurance policy with limits of at least $1,000,000.00 for each person, and each occurrence, for both personal injury and property damage. Vendor shall provide City with a Certificate of Insurance verifying insurance coverage before providing service to the City. b. Worker's Compensation. Vendor shall secure and maintain such insurance as will protect Vendor from claims under the Worker's Compensation Acts and from claims for bodily injury, death, or property damage which may arise from the performance of Vendor's services under this Contract. c. Comprehensive Automobile Liability. Vendor shall maintain comprehensive automobile liability insurance with a $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) 7. Indemnification. Vendor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Vendor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Vendor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Vendor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 8. Warranty. The Vendor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City's written acceptance of the Work. The City's rights under the Contractor's warranty are not the City's exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity. 9. Termination. This Contract may be terminated by either party by seven (7) days' written notice delivered to the other party at the addresses written above. Upon termination under this provision if there is no fault of the Vendor, the Vendor shall be paid for services rendered until the effective date of termination. 10. Independent Contractor. At all times and for all purposes herein, the Vendor is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Vendor an employee of the City. 11. Subcontract or Assignment. Vendor shall not subcontract any part of the services to be provided under this Contract; nor may Vendor assign this Contract, or any interest arising herein, without the prior written consent of the City. 12. Services Not Provided For. No claim for services furnished by Vendor not specifically provided for in Exhibit A shall be honored by the City. GENERAL TERMS AND CONDITIONS 14. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. Standard Purchasing Contract 2017 06 01 Page 2 of 5 15. Compliance with Laws and Regulations. In providing services hereunder, the Vendor 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 Contract and entitle the City to immediately terminate this Contract. 16. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 17. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 18. Damages. In the event of a breach of this Contract by the City, Vendor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 19. Employees. Vendor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Vendor prior to termination of this Contract and for one (1) year thereafter, without prior written consent of the former employer in each case. 20. Enforcement. The Vendor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. 21. Entire Contract, Construction, Application and Interpretation. This Contract 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. 22. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 23. Non-Discrimination. During the performance of this Contract, the Vendor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Vendor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Vendor shall incorporate the foregoing requirements of this paragraph in Standard Purchasing Contract 2017 06 01 Page 3 of 5 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 Vendor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 24. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract 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. 25. Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 26. Services Not Provided For. No claim for services furnished by the Vendor not specifically provided for herein shall be honored by the City. 27. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 28. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Vendor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Vendor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Vendor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Vendor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Vendor in relation to this Contract shall contain similar Data Practices Act compliance language. Standard Purchasing Contract 2017 06 01 Page 4 of 5 29. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not affect, in any respect, the validity of this Contract. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager VENDOR By: Its: Standard Purchasing Contract 2017 06 01 Page 5 of 5 TIMBERWALL LANDSCAPE & MASONRY 1915 ARBORETUM BLVD,PO Box 98 VICTORIA, MN 55386 QUOTE {952} 443-2808 FAX {952} 443-2017 Page: 1 Quote: 00008787 Special : Time: 15:28:20 Instructions : Ship Date: 03/26/19 Invoice Date: 03/26/19 Sale rep#: 0007 Joel Jones Acct rep code: 0001 Due Date: 05/1 0/19 Sold To: City of Eden Prairie Ship To: Community Center Attention Accounts Payable (952)949-8386 8080 Michell Road Eden Prairie, MN 55344 (952)949-8386 Customer#: 1416 Customer Po: Order By:Matt 10TH popsig01 T 139 ORDER SHIP L U/M ' ITEM# DESCRIPTION Alt Price/Uom PRICE EXTENSION 8000.00 8000.00 L' SF TB6OSM3CG I Blu 60mm Smooth 3pc Champlain Grey 4.3400 sr 4.3400 34720.00 8000.00 8000.00 L' SF TECG j Eva 3 pc Champlain Grey 3.6600 sF 3.6600 29280.00 Delivered Prices • • • • • • • I i - 1 Quote Expires 12/01/19 Sales total $64000.00 QUOTE Taxable 0.00 ONLY Non-taxable 64000.00 Tax 8021767 0.00 Tax# r Weight: 433086 lbs. I TOTAL $64000.00 '� - Quote CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 2, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Matt Bourne, Parks and Approve Standard Agreement for Contracted VIII.S. Natural Resources Manager Services with Prairie Restorations, Inc. For the Maintenance of Native Planting Areas Requested Action Move to: Approve Standard Agreement for Contracted Services with Prairie Restorations, Inc. in the amount not to exceed$33,875.00 for the maintenance of the native conversion planting areas. Synopsis The City sent out Request for Quotes to four contractors and received quotes from two for two years of maintenance of 21 native planting sites throughout the city. Of the two quotes received, Prairie Restorations, Inc. was the lowest. City staff has worked with PRI on the conversion of many of these sites and has a good working relationship with their staff. Background As part of the Sustainable Eden Prairie initiative, City staff has continued to identify areas of City property that are being maintained as mowed turf that could be converted to native prairie planting areas. These areas primarily serve little purpose as mowed turf or are in locations that can easily be used as educations plots for native plantings. Most of the sites included in this contract are either; areas that were converted a few years ago as a standalone project and are now entering into a less intensive maintenance period, or were planted as part of a larger park redesign project and did not have an initial maintenance contract. Attachment Standard Agreement for Contracted Services with Prairie Restorations, Inc. 2017 06 01 Agreement for Contract Services This Agreement ("Agreement") is made on the 2nd day of April, 2019, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Prairie Restorations, Inc., a Minnesota Corporation (hereinafter "Contractor")whose business address is PO Box 1127, Watertown, MN 55388. Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of services by Contractor for the turf-to-native habitat restoration work hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. 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. Effective Date and Term of Agreement. This Agreement shall become effective as of April 2, 2019. The Work shall be completed by November 1, 2020. 3. Obligations of Contractor. Contractor shall conform to the following obligations: a. Contractor shall provide the materials and services as set forth in Exhibit A. b. Contractor and its employees will park in service areas or lots and use entries and exits as designated by City. Contractor's personnel will contact the appropriate person (i.e. receptionist, maintenance personnel, security, etc,) immediately upon entering the building, and will sign in and out if required by City. c. Care, coordination and communication by Contractor is imperative so that guests and employees in the buildings are not disturbed or inconvenienced during the performance of the contracted services. d. Contractor's personnel must be neat appearing, wear a uniform and badge that clearly identifies them as a service contractor, and abide by City's no smoking policies. e. Contractor must honor the City's request to reassign an employee for cause. Cause may include performance below acceptable standards or failure to present the necessary image or attitude, in the judgment of the owner, to present a first class operation. f. When necessary, Contractor's personnel will be provided with keys or access cards in order to perform their work. Any lost keys or cards that result in rekeying a space or other cost to the City will be billed back to the Contractor. 4. City's Obligations. City will do or provide to Contractor the following: a. Provide access to City properties as appropriate. b. Provide restroom facilities as appropriate. 5. Compensation for Services. City agrees to pay the Contractor a total amount not to exceed $33,875.00 as full and complete payment for the labor, materials and services rendered pursuant to this Agreement and as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 6. Method of Payment. a. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City. b. 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." c. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid. 7. Project Manager. The Contractor shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. 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. Contractor may not remove or replace the Project 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 Standard Agreement for Contract Services 2017 06 01.01 Page 2 of 12 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 Agreement. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 9. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits 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.) 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 Standard Agreement for Contract Services 2017 06 01.01 Page 3 of 12 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. 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 polices shall contain a waiver of subrogation in favor of the City. h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Agreement. j. Contractor agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City's written acceptance of the Work. k. It shall be Contractor's responsibility to pay any retention or deductible for the coverages required herein. 1. 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. Standard Agreement for Contract Services 2017 06 01.01 Page 4 of 12 Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City's right to enforce the terms of Contractor's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor's Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City(including sole negligence) and regardless of the extent to which the underlying occurrence (i.e.,the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. 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. Standard Agreement for Contract Services 2017 06 01.01 Page 5 of 12 11. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Agreement and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Agreement, from the date of City's written acceptance of the Work. The City's rights under the Contractor's warranty are not the City's exclusive remedy. The City shall have all other remedies available under this Agreement, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY'S REMEDY OR THE CONTRACTOR'S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. The Contractor shall post bonds to secure the warranties. 12. 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 Standard Agreement for Contract Services 2017 06 01.01 Page 6 of 12 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. 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. 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. 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 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 Standard Agreement for Contract Services 2017 06 01.01 Page 7 of 12 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 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. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Contractor 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 Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all Standard Agreement for Contract Services 2017 06 01.01 Page 8 of 12 subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. 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 Contractor 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 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. b. Data Practices. Any reports, information, or data in any form 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. 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. Standard Agreement for Contract Services 2017 06 01.01 Page 9 of 12 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 CONTRACTOR By: Its: Standard Agreement for Contract Services 2017 06 01.01 Page 10 of 12 Exhibit A Maintenance Overview All sites will have a minimum of one spot spray in the early spring, it is anticipated most sites will have additional spot spraying throughout the summer/fall. Based on site conditions and contractor recommendations, a second and third spot spray may be required on sites. Spot mowing is planned on sites noted on the spreadsheet. Additional spot mowing will be based on site conditions and contractor recommendations. A quote is requested for burning spring of 2019 or spring of 2020 to add scheduling flexibility for contractor. Sites which are highest priority to burn spring of 2019 are listed on spreadsheet. Maintenance Specifications/Objectives 1. All costs for fuel,parts, equipment, and labor are the contractor's responsibility. 2. The objective for all sites is to reduce/control invasive herbaceous and woody plants in order to encourage plant diversity onsite for pollinator/wildlife habitat. 3. Maintenance objective is to control the following target species: All species listed on MN Noxious Weeds List(Eradicate, Control, Restricted, and Specially Regulated), invasive clovers, birdsfoot trefoil, crown vetch, reed canary grass, smooth brome, quack grass, Kentucky bluegrass, and species listed on the MNDNR Invasive Terrestrial Plants list. Invasive woody plants such as Siberian elm, red cedar, ash, buckthorn, honeysuckle, locust, willow, cottonwood, sumac, etc. 4. Care should be taken to minimize negative impacts to existing desirable plants using selective herbicides and seasonal timing for spraying/mowing. 5. After the first maintenance completed by the contractor, the contractor is required to report back(within two weeks of the site visit) to City staff with recommended management for each site during the remainder of the contract. This report is also required after the last site visit of the year to provide brief recommendations of management for the upcoming year. Herbicide Application 6. All targeted species shall be treated with spot spray herbicide. 90% of all target vegetation on site must been treated(should strive to treat 100%). Within two weeks after each spot spray 90% of treated plants must be dead/dying. 7. One herbicide treatment before Canada thistle and other target species produce viable seeds must be completed(approximately May/June) on all sites. Depending on the site, one to two other herbicide treatments may be required. 8. Cut and treat or basal bark spray target tree species under 4", girdle and leave stand trees 4"-6". Any trees over 6" should just be noted in Reporting Sheet noting management recommendations. Tree debris is not required to be removed from site. Mowing 9. On sites which are planted within the last 2-3 years, mowing the entire site may be required. On remaining sites spot mowing of cool season grasses and weeds may be required. Standard Agreement for Contract Services 2017 06 01.01 Page 11 of 12 10. In general mowing should be used in areas which have undesirable species mixed in with desirable species, or where it is determined to be the best management strategy for other reasons. Prescribed Burning 11. Burn must be timed/performed to ensure hottest fire to kill/injure existing woody plants and burn other existing plant material off. 12. Contractor must obtain permits from Eden Prairie Fire Department and MN DNR for all burns. 13. Contractor is responsible for burn break installation. 14. Any machinery/equipment must be cleaned thoroughly prior to entering the site, preventing bringing seed, etc. on site. 15. Can burn outside of identified burn area on maps. If it is easier to create breaks in the woods, contractor is encouraged to do so. 16. Minimum of one week notice to City staff is required prior to burns taking place. 17. Notifications to residents will be handled by the City prior to burns. 18. Contact all emergency personnel the morning of the burn. 19. Conduct the controlled burn on a day(s)with appropriate wind speeds/direction, humidity, and temperatures. Appropriate wind shall be that which impacts the least amount of residents. 20. Crews shall not be smaller than two staff and burn bosses shall be on site the entire time of the controlled burn. 21. The contractor shall mop-up all burned material. There shall be no burning/smoking material when contractor leaves site. Location and Pricing High Number Number priority herbicide spot Price per site Total areas to be treatments mowing visit Price per Total Estimated Estimated burned (Estimate (Estimate (Herbicide site visit Price to burn Price to burn Price(Herbicide Price Total for all site Name Address Acres Spring'19 only) only) Treatment) (Mowing) Spring 2019 Spring2O2O Treatment) (Mowing) visits+burn Birch Island P. 6225 EDEN PRAIRIE RD 1.73 1 1$ 550.00 $ 450.00 $ 1,150.00 $ 550.00 $ 450.00 $ 2,150.00 Cedar Hills Park 958O Eden Prairie Road 1.40 3 2$ 450.00 $ 300.00 $ 1,235.00 $ 1,350.00 $ 600.00 $ 3,185.00 Community Center tuatics Center) 16691VALLEY VIEW RD 0.41 x 3 2$ 200.00 $ 120.00 $ 600.00 $ 600.00 $ 240.00 $ 1,44O.00 Community Center(Pa•5of lot)) 16691 VALLEY VIEW RD 0.24 x 3 2$ 190.00 $ 115.00 $ 600.00 $ 570.00 $ 230.00 $ 1,400.00 Community Center(Pond ••f Entrance) 16691VALLEY VIEW RD 0.23 2 1$ 250.00 $ 250.00 $ 750.00 $ 500.00 $ 250.00 $ 1,500.00 Crestwood Park(Pond along D ) 965O DELL RD 0.61 2 1$ 265.00 $ 165.00 $ 650.00 $ 530.00 $ 165.00 $ 1,345.07) Forest Hills(Parking lot pond) 137O8 HOLLY RD 0.50 1 1$ 350.00 $ 350.00 $ 550.00 $ 350.00 $ 350.00 $ 1,250.00 Forest Hills Park(1) 137O8 HOLLY RD 0.57 x 3 2$ 250.00 $ 125.00 $ 450.00 $ 750.00 $ 250.00 $ 1,450.00 Forest Hills Park(2) 137O8 HOLLY RD 4.00 1 1$ 1,000.00 $ 500.00 $ 1,000.00 $ 1,000.00 $ 500.00 $ 2,500.00 Across the street from 14665 Pheasant Woods Park Village Woods Dr 0.68 x 2 1$ 265.00 $ 150.00 $ 600.00 $ 530.00 $ 150.00 $ 1,280.00 Pioneer Park 895O Eden Prairie Rd 0.95 x 3 1$ 275.00 $ 150.00 $ 800.00 $ 825.00 $ 150.00 $ 1,775.00 Riley Lake Park(Berm E of Lot) 9130 Riley Lake Rd 0.36 3 2$ 175.00 $ 125.00 $ 500.00 $ 525.00 $ 250.00 $ 1,275.00 Riley Lake Park(Island in N lot) •:s Riley Lake Rd 0.10 x 2 2$ 125.00 $ 75.00 $ 550.00 $ 250.00 $ 150.00 $ 950.00 Riley Lake Park(pond in$lot) _ 91:r'iley Lake Rd 0.06 3• 2$ 100.00 $ 75.00 $ 300.00 $ 300.00 $ 150.00 $ 750.00 Riley Lake Park(pond S of S parking lot) 918O Ri: Lake Rd 0.12 3 2$ 125.00 $ 75.00 $ 400.00 $ 375.00 $ 150.00 $ 925.00_ Round Lake Park(Parking Lot) 16691VeII- View Rd 0.59 3 2$ 25O.00 $ 125.00 $ 600.00 $ 750.00 $ 250.00 $ 1,600.00 Round Lake Park(Pond in SE Cornea 16691Valley '-w Rd 1.34 x 2 1$ 450.00 $ 300.00 $ 850.00 $ 900.00 $ 303.00 $ 2,050.00 Round Lake Park(Pond NW of Northern Parking Lot) 16691VaI ley Vie••d 0.57 3 2$ 250.00 $ 125.00 $ 400.00 $ 750.00 $ 250.00 $ 1,400.00 Round Lake Park(W of Pond in SE Corner) 16691Valley View R. 1.16 x 3 2$ 350.00 $ 225.00 $ 650.00 $ 1,050.00 $ 450.00 $ 2,150.00 Staring Lake Park Playground 148O0 Pioneer Trail 0.71 x 3 2$ 275.00 $ 175.00 $ 950.00 $ 825.00 $ 350.00 $ 2,125.00 Topview Park 7231GERARD DR 0.34 x 2 1$ 300.00 $ 175.00 $ 600.00 $ 600.00 $ 175.00 $ 1,375.00 16.65 51 33 $ 9,350.00 $ 4,835.00 $ 13,880.00 $ 5,810.00 $ 33,875.00 Standard Agreement for Contract Services 2017 06 01.01 Page 12 of 12 CITY COUNCIL AGENDA DATE: SECTION: Public Hearings April 2, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/Planning Beverly Hill IX.A. Janet Jeremiah/Angie Perera Requested Action • Close the Public Hearing; and • Approve the 1st reading of the Ordinance for Zoning District Change from Rural to R1-9.5 on 6.86 acres • Adopt a Resolution for a Preliminary Plat of two lots into seventeen lots and two outlots on 6.86 acres • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions Synopsis The applicant is requesting a Rezoning and Preliminary Plat for 17 detached, single-family residential lots to be known as Beverly Hill. The site is approximately 6.8 acres and consists of two existing single-family residences and accessory buildings. The current addresses of the two existing homes are 16540 Beverly Drive and 9800 Eden Prairie Road. The site is located directly north of the Reeder Ridge development and west of The Meadows at Riley Creek and has frontage on both Beverly Drive and Eden Prairie Road. The site is surrounded by other existing single-family residential uses. Eden Prairie Road abuts the east side of the property and Beverly Drive abuts the south side of the property. The proposed plat complies with all zoning, setback, and lot size requirements of the City Code and is consistent with the Comprehensive Plan. No Planned Unit Development approval or waivers from City Code requirements are being requested with this application. A neighboring property owner has submitted a comment letter dated 03/26/19 which is attached with this report. Access After evaluating the tree loss impacts and the grading impacts due to the topography, the applicant is proposing a street terminating with a cul-de-sac from the south side of the site off of Beverly Drive. The proposed plan also incorporates the 9800 Eden Prairie Road parcel into the plan and a pedestrian connection to Prospect Road. Eleven lots are proposed to be located on the proposed cul-de-sac including both walkout and lookout lots. Three lots are proposed to have direct driveway access to Beverly Drive and three lots are proposed to have driveway access to Eden Prairie Road, one of which will contain the existing house located at 9800 Eden Prairie Road, which is being saved as part of this development. The house and outbuildings located at 16540 Beverly Drive will be removed during construction. Sidewalk A concrete sidewalk is proposed in the northwest corner of the site between Lots 3 and 4 of Block 1. The proposed sidewalk will provide pedestrian connectivity with the existing Highpoint at Riley Creek neighborhood located north of the site by connecting to the existing sidewalk on the south side of Prospect Road. In order to connect to this existing sidewalk, a sidewalk easement over a portion of Outlot A, Highpoint at Riley Creek will be necessary. The Developer and the City are continuing to work on the acquisition of the necessary sidewalk easement. Outlots A & B Stormwater management is proposed to be provided onsite. Two outlots are proposed for stormwater management. Outlot A, is proposed in the northwest corner of the site and Outlot B is proposed on the east side of the site, between the existing house located at 9800 Eden Prairie Road and the two, new proposed lots fronting on Eden Prairie Road. The applicant is proposing to deed these two outlots to the city for ownership and maintenance purposes. Planning Commission Recommendation The Planning Commission voted 5-1 to recommend approval of the project at the March 11, 2019 meeting. Two conditions were recommended by city staff to be resolved prior to the first reading by the City Council. The applicant was required to revise the tree inventory and replacement requirement to reflect the revisions that have been made to the Grading and Tree Preservation plans. This condition has been resolved. The Developer and the City are continuing to work on the acquisition of the necessary sidewalk easement, and this will be addressed in the Development Agreement. Attachments 1. Ordinance 2. Resolution 3. Staff Report 4. Land Use Map 5. Zoning Map 6. Aerial photo 7. Planning Commission Minutes 8. Resident Letter 03/26/19 BEVERLY HILL CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. - 2019 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 11 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural Zoning District and be placed in the R1-9.5 Zoning District as noted in Exhibit A -2019 (hereinafter" - 2019"). Section 3. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the R1-9.5 District, and the legal descriptions of land in each District referred to in City Code Section 11.03, Subdivisionl, Subparagraph B, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of , 2019, entered into between , and the City of Eden Prairie, and which Agreement are hereby made a part hereof Section 6. 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 2nd of April, 2019, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the day of , 2019. ATTEST: Kathleen Porta, City Clerk Ronald A. Case, Mayor PUBLISHED in the Eden Prairie News on , 2019. EXHIBIT A Rural Zoning District to R1-9.5 Zoning District Legal Description Before Final Plat The South 344.00 feet of the North 360.50 feet of the Northwest Quarter of the Southeast Quarter of Section 29, Township 116 North Range 22 West of the Fifth Principal Meridian, Hennepin County, Minnesota. Together with: Lot 2, Block 3, CEDAR HILLS WEST, according to the recorded plat thereof Hennepin County, Minnesota. Legal Description After Final Plat Lots 1-17,Block 1, and Outlots A and B,Beverly Hill, Hennepin County, Minnesota CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2019- RESOLUTION APPROVING THE PRELIMINARY PLAT OF BEVERLY HILL FOR GREAT OAKS, LLC BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Beverly Hill for Great Oaks, LLC stamp dated March 25, 2019, and consisting of 6.86 acres into seventeen residential lots,and two outlots, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved subject to approval of the 2nd reading of the Ordinance for the Zoning District change and approval of the Development Agreement. ADOPTED by the Eden Prairie City Council on the 2nd day of April, 2019. Ronald A. Case, Mayor ATTEST: Kathleen Porta, City Clerk STAFF REPORT TO: Planning Commission FROM: Angie Perera, Planner I DATE: March 7, 2019 SUBJECT: Beverly Hill LOCATION: 9800 Eden Prairie Road& 16540 Beverly Drive REQUEST: • Zoning District change from Rural to R1-9.5 on 6.86 acres • Preliminary Plat of two lots into seventeen lots and two outlots on 6.86 acres BACKGROUND The applicant is requesting a Rezoning and Preliminary Plat for 17 detached, single-family residential lots to be known as Beverly Hill.The site is approximately 6.8 acres and consists of two existing single-family residences and accessory buildings.The current addresses of the two existing homes are 16540 Beverly Drive and 9800 Eden Prairie Road. The site is located directly north of the Reeder Ridge development and west of The Meadows at Riley Creek and has frontage on both Beverly Drive and Eden Prairie Road. The site is surrounded by other existing single-family residential uses. Eden Prairie Road abuts the east side of the property and Beverly Drive abuts the south side of the property. The site is outlined in the aerial image included below. Fri: ....g. _ , --=, .... vith.,k itit vi, ,itt ., *, . IIV .„r # ., %Ai ".; 11 - _,__ ii_ . sr„.-, ,0_,,,... „1 : ,.... . _ , . _ . „,34t, :. ,,,:,, i • \ , , 1 Ili 11.11:a 7, t,1 i k--. ►ram-7� - ,f, Alik ++ i ar nib. ZONING& LAND USE The property is currently zoned Rural and as part of the request the applicant is proposing to rezone the property to R1-9.5, which allows for a minimum lot size of 9,500 square feet. All of the proposed lots will meet these minimum lot size requirements.The property is currently guided Low Density Residential.The proposed plat complies with all zoning,setback,and lot size requirements of the City Code and is consistent with the Comprehensive Plan. No Planned Unit Development approval or waivers from City Code requirements are being requested with this application. Proposed Plat: Beverly Hill 741 ovnQT 4 4, S 6 e;. 17. DRAINAGE AND V11LttY `•:• ':', �' ' .... EASERE6+75 AiiD SKOPI THUS- r ju ` 1 I 1`• �• Gam. `•b11' 9. �`• • 1 -I xis tJa •-_ _ GLCA16 NAP MEN Of LOTS IN INN ▪NE. amors r.oGnu.ImA - _ dwu Wia�f[mw[s wntnl iuislum mtmtt[F- �Es wMn uA'AN J01 inis/Aprc M▪CKIM.WING •o _plsNF.EReng uewing `-==- . .-..�r� I ...�.`. y I:f y_ r-- 1- ._M -- I GRFSTOANSSN0.IJ.C. I aaxsYrem.., ACCESS As part of the planning of this development,city staff has had several discussions with the applicant regarding the street layout. Discussions have primarily consisted of whether or not the street connection from Beverly Drive should include a through street to the north that will eventually connect to the existing Prospect Road extension or a cul-de-sac as proposed. If the through street option was to be used, it was expected that a stub street to the east would be needed to allow for development of the property at 9800 Eden Prairie Road. A previous developer proposed a layout that included a street connection to the north and a stub street to the east in 2014 (for the 16540 Beverly Drive parcel only) but ultimately withdrew the project. The current proposal has incorporated the 9800 Eden Prairie Road parcel into the plan. The applicant is proposing a street terminating with a cul-de-sac access from the south side of the site off of Beverly Drive after evaluating the grading impacts due to the topography as well as tree loss impacts as an alternative approach and has incorporated a pedestrian connection to Prospect Road. Eleven lots are proposed to be located on the proposed cul-de-sac including both walkout and lookout lots. Three lots are proposed to have direct driveway access to Beverly Drive and three lots are proposed to have driveway access to Eden Prairie Road, one of which will contain the existing house located at 9800 Eden Prairie Road, which is being saved as part of this development. The house and outbuildings located at 16540 Beverly Drive will be removed during construction. SIDEWALKS A concrete sidewalk is proposed in the northwest corner of the site between Lots 3 and 4 of Block 1. The proposed sidewalk will provide pedestrian connectivity with the existing Highpoint at Riley Creek neighborhood located north of the site by connecting to the existing sidewalk on the south side of Prospect Road. In order to connect to this existing sidewalk, a sidewalk easement over a portion of Outlot A,Highpoint at Riley Creek will be necessary. The Developer shall be responsible to acquire the necessary sidewalk easement. TREE REPLACEMENT The tree replacement requirement for the significant trees is 226 caliper inches and 128 for the heritage trees.The proposed trees used to meet this requirement are intended to compensate for the loss of significant and heritage trees due to grading and construction on the site. The Planting Plan meets the requirement and includes 384 caliper inches of trees for tree replacement. All of the 384 caliper inches of proposed trees on the Planting Plan are being counted toward tree replacement. DRAINAGE & OUTLOTS Stormwater management is proposed to be provided onsite. Two outlots are proposed for stormwater management. Outlot A,is proposed in the northwest corner of the site and Outlot B is proposed on the east side of the site, between the existing house located at 9800 Eden Prairie Road and the two,new proposed lots fronting on Eden Prairie Road. The applicant is proposing to deed these two outlots to the city for ownership and maintenance purposes. An application has been submitted to the watershed district for review. Permitting will be required from Riley Purgatory Bluff Creek Watershed District. PROPOSED COVENANTS &ARCHITECTURAL GUIDELINES It is projected that the homes to be constructed on these lots will be priced approximately in the $500,000 to$900,000 price range.All of the homes will be custom homes designed specifically for each lot. A specific builder has not yet been determined. At this time, no association is proposed for the project but covenants and architectural guidelines will be required.It is expected that the lot that contains the existing house located at 9800 Eden Prairie Road will be exempted from the covenant requirements. Architectural guidelines will be incorporated into the covenants and will be recorded against the lots including the following: • BUILDING AREA. The size of any dwelling, exclusive of one-story open porches, decks, basements, garages, fireplaces and three season porches, shall be as follows: Rambler or Single 1,500 sq. ft. minimum finished living area on the main Floor floor Multi-level 1,500 sq. ft. minimum finished living area above grade Two Story 2,200 sq. ft. minimum finished living area above grade Other Style Homes Must receive specific case-by-case written approval by the Developer. • ROOF PITCH. A minimum roof pitch (slope) of six (6) feet on rise in twelve (12) feet of run(6/12 pitch)is required on all dwellings including attached garages,except that Developer may approve a lesser roof pitch if presented as an element of a plan proposing a recognized architectural style(e.g. "Prairie Style"dwellings).Porch areas are excluded from the 6/12 roof pitch requirement. • MINIMUM BRICK OR STONE.The garage piers and columns on any front porch or stoop must have a minimum of forty-two (42) inches of brick or stone. • GARAGE. Minimum three car garage. • FRONT PORCHES.If a porch is utilized,porches on the front of the dwelling must extend a minimum of six (6) feet from the front of the principal dwelling. • GARAGE DOORS.All residential garage doors must have raised panels or similar design features. • TRIM AND WRAPS.The Developer encourages the use of window wraps,window grids, shutters, etc. and all windows, doors and garage doors must have a low or no maintenance trim or wrap on all four sides of the dwelling. • EXTERIOR MATERIALS.All exterior dwelling surfaces shall be of approved materials including, but not limited to brick, stone, stucco, shakes, cedar, vinyl siding, cementious board, or aluminum or steel siding. Siding shall have a reveal of no more than eight (8) inches, and where used shall be the same on all sides of the dwelling. • NEUTRAL COLOR AND ELEVATION CONTROL.No two colors or elevations alike next to each other on the same side of the street.Natural colors utilizing earth tones,greens, grays, or natural wood tones are encouraged. • ZONING/SETBACKS. Builders/Buyers are responsible for all City of Eden Prairie ordinance requirements and all setbacks shall be consistent with the R1-9.5 Single Family Zoning District. INCLUSIONARY HOUSING Eden Prairie has been negotiating inclusionary housing requirements into multifamily developments for some time,and has a draft inclusionary housing policy that proposes application of inclusionary requirements for both multifamily and single family developments. The City Council recently discussed this as its workshop on February 19th,2019, and is continuing to have policy discussions pertaining to inclusionary housing.The City is also working with its financial consultants to explore the financial and project implications of applying the inclusionary policy in a single-family context, with the goal of aiding staff in final decision-making around whether to recommend applying inclusionary requirements. Staff is not asking for a recommendation from the Planning Commission at this time, but the potential may exist to work with the developer on meeting inclusionary goals subject to the Council's discretion. NEIGHBORHOOD MEETING The applicant held a neighborhood meeting on Wednesday, February 27th. The applicant reported that attendees generally supported the project and the proposed product type.The applicant was also able to adequately address questions and concerns.The applicant noted that Chris Bunn,resident and property owner of 9850 Eden Prairie Road,located southeast of the site,expressed concern about the proximity of the houses being proposed in relationship to his property. Mr. Bunn's property is located east of the proposed Lot 14, Block 1. Some concerns included price points of the proposed homes and wanting higher valued homes,and general housekeeping related items as the site develops including construction traffic,debris,and dirt blowing in the air. The owner and applicant informed the attendees that these issues would be handled and also taken care of during the entire development of the site. It was also noted that the builders will be local custom builders and that seemed to be something the neighboring residents liked. STAFF RECOMMENDATION Recommend approval of the following request: • Zoning District Change from Rural to R1-9.5 on 6.86 acres • Preliminary Plat of two lots into 17 lots and 2 outlots on 6.86 acres This is based on plans stamp dated March 1, 2019, staff report dated March 7, 2019 and the following conditions: 1. Prior to the 1st reading before the City Council, the applicant shall: A. Provide a written agreement from the owner of Outlot A, Highpoint at Riley Creek to provide a sidewalk easement for the connection of the proposed sidewalk to Prospect Road. B. Revise the tree inventory and replacement requirement to reflect the revisions that have been made to the Grading and Tree Preservation plans. 2. Prior to Final Plat approval, the applicant shall: A. Revise the street name for Cedar Hills Court. It cannot be utilized as it resembles other public street names too closely for emergency calls. Please submit a new street name for review and approval to Jim Richardson in the Engineering Division. 3. Prior to land alteration permit issuance, the applicant shall: A. Submit detailed storm water runoff, wetland,utility, street and erosion control plans for review and approval by the City Engineer and Watershed District. B. Submit a tree replacement letter of credit, or escrow surety equivalent to 150% of the cost of the landscaping. C. Obtain and provide documentation of Watershed District approval. D. Notify the City and Watershed District 48 hours in advance of grading. E. Install erosion control at the grading limits of the property for review and approval by the City. F. Submit an original, notarized and executed Landscape Agreement and surety forms, a contractor's estimate for the proposed landscape, one (1) 36"x 24" and one (1) 11" x 17"physical copy of the approved Exhibit B landscape plans to the Planning Division. G. Revise the plat to comply with City Code Section 11.55 requirements regarding Land Alteration, Tree Preservation and Stormwater Management Regulations has several requirements that pertain to this project, the following items are required: i. Per the MPCA's NPDES Permit,soil borings and/or infiltration testing must be done within the footprint of any proposed permitted infiltration practice. No borings or infiltration tests data was provided within the footprint of RG4. The applicant shall provide soil boring information for the RG4 infiltration practice that extends to at least five feet below the proposed bottom elevation of the BMP. 4. Prior to building permit issuance for the property, the applicant shall: A. Pay the appropriate cash park fees B. Provide recorded copies of any Home Owner Association documents or private covenants and agreements to the City following recording of the final plat. C. Submit construction plans and specifications for the public infrastructure to the Engineering Division for review and approval. 5. All signage shall require review and approval of a sign permit and shall comply with Section 11.70. Guide Plan Map: Beverly Hills Address: 16540 Beverly Dr & 9800 Eden Prairie Rd Eden Prairie, MN 55347 L___-- dilh 1 CIRRUS ii • M ).________' VP -ERO3PECTf 41410T l Ci-- SITE ' ■MI: IlLU Illire. _ 0 W EVERLY u- iiiUMW Ce , ____ :::: , g /i .474K W CI dr V LU liaLl. ., VW Ballir> 4*6 ' - City of Eden Prairie Land Use Guide Plan Map 2000-2030 Rural Residential 0.10 Units/Acre Neighborhood Commercial N Low Density Residential 0-2.5 Units/Acre — Community Commercial StreamsFIR 17.7 Low Density/Public/Open Space - Regional Commercial Principal Arterial —A Minor Arterial - Medium Density residential 2.5-10 Units/Acre ®Town Center '•i . $ +;. ,i —B Minor Arterial DATE Approved 03-19-03 DATE Revised 12-06-06 nMedium Density Residential/Office - Park/Open Space —Major Collector DATE Revised 01-07-05 DATE Revised 03-01-07 DATE Revised 11-07-05 DATE Revised 06-01-07 E D E N I High Density Residential 10-40 Units/Acre Public/Quasi-Public DATE Revised 02-23-06 DATE Revised 10-01-07 Minor Collector DATE Revised 03-23-06 DATE Revised 03-01-08 nAirport Golf Course DATE Revised 06-23-06 DATE Revised 03-01-09 Office - Church/Cemetary PRAIRIE Y// Office/Industrial Open Water EIVE•WORK•DHEAM M 2 Office/Public/Open Space Right-Of-Way 360 180 O ogamm�Me mo1.m_o.„®o�o..o.a, o ..o..360 Feet - Industrial Q CityLimits Zoning Map: Beverly Hills Address: 16540 Beverly Dr & 9800 Eden Prairie Rd Eden Prairie, MN 55347 / \ , tom___ _0 , 11.4 qi. -` #4.1 41tg- ii,,,, _: iiir tligiikt 4ft* '-' I NE°A III Pir •* 41IV - 6 0 ,, ..." 7-77":4"4Z , 10O I 15. * „ , � 1 nrs"7 / t City of Eden Prairie Zoning Map =Rural -Regional Commercial Shoreland Management Classifications N R1-44 One Family-44,000 sf.min. -TC-C I NE I Natural Environment Waters R1-22 One Family-22,000 sf min. -TC-R I RD I Recreational Development Waters R1-13.5 One Family-13,500 sf min. -TC-MU I GD I General Development Waters(Creeks Only) . 1 1 ,f. t R1-9.5 One Family-9,500 sf min. -Industrial Park-2Acre Min, ® 100- Year Floodplain RM-6.5 Multi-Family-6.7 U.P.A.max. ^Industrial Park-5 Acre Min. EDEN -RM-2.5 Multi-Family-17.4 U.P.A.max. -General Industrial-5 Acre Min. Up dated through approved Ordinances#26-2008 Office Public Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE Neighborhood Commercial 1-1 GolfCourse Date:March 1,2009 Community Commercial l I Water In case of discrepancy related to a toning classitmaaon on this zoning map,the Ordinance tIVE•WOBIC•tlfi EI1M and attached legal description on file at Eden Paine Ciry Center will prevail. -Highway Commercial I I Right of Way -Regional Service Commercial DCityLimits 0 0.1 0.2 Miles .wa._o...m..��mo..m_... ®..g..o.a.,a ..o...ia..m ,..,,mo, Aerial Map: Beverly Hills Address: 16540 Beverly Dr & 9800 Eden Prairie Rd Eden Prairie, MN 55347 . elf . 4.' . .4 ' . 10 , Emerson Ct. : .* ` - J Sohm Ct. / {: AOC /.L- k r ,Ant- 4$' fiv.4,, n?...tit ". • 41/111.'1.-" '- -4yy 4 --*,--,_t_ _ _ n= le -'7 ' i 1 ) 191' 4* I • - ..) , .• SU _ IE A Eden Prairie Rd. . _ ._ ...N.. ,:, . i • Beverly Dr. ilia . 1y +� 1 sM 1mripIr ' 4 ' glir* , 4 i < 1 7v. . .;• 4 Ilb a ~r ,a J.: .4„ Wuttke Crossing • 0 165 :30 *41111-1k APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,MARCH 11, 2018 7:00 PM—CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Charles Weber, Ann Higgins, Andrew Pieper, Ed Farr, Michael DeSanctis, Christopher Villarreal, Carole Mette CITY STAFF: Julie Klima, City Planner; Matthew Bourne, Parks and Natural Resources Manager; Carter Schulze, Assistant City Engineer; Kristin Harley, Recording Secretary A. CALL THE MEETING TO ORDER Vice Chair Farr called the meeting to order at 7:00 p.m. Absent were commission members Pieper and Weber. B. PLEDGE OF ALLEGIANCE—ROLL CALL C. APPROVAL OF AGENDA MOTION: DeSanctis moved, seconded by Kirk to approve the agenda. MOTION CARRIED 6-0. D. MINUTES MOTION: Higgins moved, seconded by DeSanctis to approve the minutes of February 11, 2019. MOTION CARRIED 6-0. E. INFORMATIONAL MEETINGS F. PUBLIC MEETINGS G. PUBLIC HEARINGS A. BEVERLY HILL Location: 9800 Eden Prairie Rd and 16540 Beverly Drive Request for: • Zoning District Change from Rural to R1-9.5 on 6.86 acres • Preliminary Plat of two lots into seventeen lots and two outlots on 6.86 acres PLANNING COMMISSION MINUTES March 11, 2019 Page 2 John Anderson, project manager, displayed a PowerPoint and explained the application. Mark Gergen, also present, was the proposed owner of the property and Great Oakes 2nd, LLC, the developer. The application called for a 17-lot single family detached subdivision north of Beverly Drive and west of Eden Prairie Road. The 15-foot strip of land to the north was owned by D. R. Horton, developer of High Pointe at Riley Creek. The Minnesota Airport Commission (MAC)property also sat to the north. An existing house along Eden Prairie Road would remain,but two other structures, one along Beverly Lane and the other at the center of the parcel where the cul-de-sac would be located would be demolished. Anderson displayed the preliminary plat and explained the street had yet to be named. In addition to the 11 lots on the cul-de-sac, there would be three lots along Beverly Drive and three along Eden Prairie Road(plus the remaining northern lot). A storm water pond/retention and infiltration area would be constructed on a triangular parcel to the northwest, and another infiltration basin would lie along Eden Prairie Road. The site plan showed the placements of the houses and the basins, as well as the existing house that would remain. The grading plan showed most of the houses would be walk-out structures on the cul-de-sac, with flat lots along Eden Prairie Road and Beverly Drive. Constructing a cul-de-sac allowed the developer to retain many of the trees in this wooded area. The landscape plan called for replacement plantings of 150 trees that would be removed, but even more trees would need to be removed were a through street constructed instead of a cul-de- sac. Anderson explained how the development conformed to the City's lot standards and zoning; lot sizes were variable to accommodate the grading and frontages of the site. Covenants and architectural guidelines would apply to home construction and would be submitted with the application. All homes would be constructed by custom builders, be a mix of two-story and rambler styles, and range in price from approximately$500,000.00 to $900,000.00, or even higher on the cul-de-sac. Anderson stated he and the owner took no issue with the conditions in the staff report, and they were working with D.R. Horton on an agreement about the easement to the north to construct a sidewalk from the cul- de-sac to Prospect Road. Mette asked if Anderson's company was the custom builder. Anderson replied Great Oakes 2nd, LLC would hire the contractor and sell lots to a custom builder. He was in communication with local builders with whom he had previously worked. He envisioned one or two builders for the development. Farr asked if lot eight on the preliminary plat had a utility easement which seemed to contradict the site plan. Anderson replied in the original submittal and on the grading plan lots eight, nine, 13, and 14 had a water collection basin utility easement originally planned to have an outlet to the pond, but after the last round of comments, this easement would be eliminated, and the development would be PLANNING COMMISSION MINUTES March 11, 2019 Page 3 able to drain along Beverly Drive instead. Farr noted this would save a heritage 30-inch red cedar(tree 71)previously slated for removal and commended the change. Farr stated tree 75 was another heritage tree slated for removal in lot 14 and asked if this could also be saved. Anderson agreed to look at this possibility; there were tight grades on this location but he could speak to the engineer about shortening the wall. Klima presented the staff report. The applicant requested a rezoning and a preliminary plat for 17 detached, single family residential lots to be known as Beverly Hill. The site was approximately 6.8 acres and consisted of two existing single family homes and accessory structures. The proposal complied with all zoning, setback, and lot size requirements and was consistent with the guiding for low density residential development. The proposed density was 2.47 units per acre. No PUD approval or waivers are requested as a part of the applications. Staff and the developer were working to provide a pedestrian connection between lots three and four to Prospect Road. City staff consistently recommended to potential developer the assembly of properties and looking at economies of scale and roadway connections in developments in this area. Architectural guidelines were included in the staff report, and the applicant was proposing restrictive covenants. Staff had received comments from MAC, due to its proximity; no alarms were raised, and conditions included noise attenuation, (non-fruit bearing)tree planting, et cetera. There could be additional conditions set prior to the City Council meeting, but nothing out of the ordinary. The staff report included language on inclusionary housing, although the Planning Commission was not being asked to make a recommendation on this at this time; this was, rather, an opportunity to initiate this conversation with the developer. Villarreal asked if there was anything to stop this developer from asking for duplexes. Klima replied the site was guided for low density, and attached duplexes not allowed in the R-1 zoning districts. Villarreal suggested there was an opportunity to expand the type of housing constructed on these open spaces to make the best use of acreage. DeSanctis asked what would give access to the new city park to the northeast of the development. Bourne replied there was a trail and a sidewalk along Eden Prairie Road, perhaps a quarter or half of a mile in length. Farr asked if best efforts had been made to assemble multiple properties and Klima reiterated staff's message has been consistent that assembly is preferred and of mutual benefit to the City and developers, and she was confident this had been explored. Chris Bunn, of 9850 Eden Prairie Road, stated he was a resident since 1998 and was not aware of this development until October, 2018 when he reached out to Gergen. He stated the lots proposed were inconsistent with the lots in the area. Whereas the average did not show this, the standard deviation, i.e., having both PLANNING COMMISSION MINUTES March 11, 2019 Page 4 very small and very large lots, was large and would have a disparate impact on the area. The setbacks were also inconsistent with the zoning, and to his mind the developer was making the greatest use of the land at his expense, since no other neighbor was as close as he was to this development. Two additional units were never accounted for in the assessments, and these would be subsidized by current property owners. This development seemed similar to Stable Path, but no builder was identified and he was concerned about what kind of architecture and housing values would go into these lots without more details provided up front. He also did not see how such small lots as called for in this development met the "2.5 units per acre"requirement of the guiding. Dan Blake, of 16831 Cedar Crest Drive and owner of Pemtom Land Company, stated the developer never contacted him about the assembly. He asked if there was a mechanism for a discussion about and enforcement of architectural guidelines and dedicated builders outside of a PUD. He was also concerned about the zoning, this parcel being R1-9.5 whereas surrounding parcels were zoned R1- 13.5. Transitions could be important or not, but they were not discussed. Otherwise, he had no opposition to this development. He agreed with no northerly extension of the street through the site; however, to his mind this reduced options in the future for Prospect Road connections. Farr clarified Blake owned the 1.6 to 1.8 acres north of the development site and east of Eden Prairie Road. Collin Gebhard, of 16723 Beverly Drive, stated he had understood Cirrus Way would never be connected due to the constraints of MAC,but wanted to urge consideration of a connection to Prospect Drive. Meher Medida, of 16627 Beverly Drive, stated he was concerned with traffic. Prospect Road was already busy in winter, and feared the position of the cul-de- sac would increase traffic. He urged this development conform to those City guidelines as well. Farr asked Schulze to detail the grade and slope of Beverly Drive and the cul-de- sac. Schulze replied the intersection of the cul-de-sac with Beverly Drive was within City's standards and could be found elsewhere in the City. There would be a landing constructed allowing motorists to slow and stop on a less grade. Farr asked for and received confirmation there was no unusually high volume of accidents on Beverly Drive, even with the recent harsh winter. Farr asked if the City ever planned to extend Prospect Road and what options were available. Schulze replied the City looked at preliminary designs of a connection at Eden Prairie Road, wrapping the westerly edge of Prospect Road into Cirrus Way, or a connection of Prospect Road to Eden Prairie Road somehow, perhaps with second cul-de-sac, and added a connection with Cirrus Way was not out of the question. He did not have a timetable for any of these options. PLANNING COMMISSION MINUTES March 11, 2019 Page 5 Mette asked if this property was completely assembled and a blank slate, how would one provide a connection. Klima replied the City and developers had done preliminary review and there was no singular option. The concern here was to preserve and reserve opportunities to make a connection in the future via a flexible design that accommodated overall City goals and development proposals. Farr asked for an explanation of the covenants to enforce new construction. Klima replied private covenants recorded against the property and would not be enforced by the City but recorded against the property. The zoning ordinance does not have architectural and building material standards for single family residential developments as it did for commercial construction. Another option was to have specific language regarding architectural and material diversity built into the development agreement, and staff was working on this. Farr asked Klima for more details on special transitions between different zoning classifications. Klima replied the City has a variety of single-family zoning districts, and there were multiple instances of an R1-9.5 abutting an R1-13.5 designation and other R1 districts abutting each other. The City strove to provide transitions where appropriate. In this case a transition zone was being provided, through a variety of lot sizes and many factors went into this. All the lot dimensions conformed to the R-19.5 standards. Villarreal asked the difference between the mean and the average of the lot sizes. Klima replied she did not have specific numbers but could provide broader context as to how density is calculated: Eden Prairie calculated density based on the gross area of a development site, including storm water treatment areas, park land, et cetera. Historically this was how all density calculations were done since the 1980s,perhaps the 1970s, and was done in this case. The number of lots assembled did fall into the 2.5 units per acre density requirement for this zoning classification. Farr noted it was not within the commission's purview to tackle the assessments issue but asked for comments from staff. Schulze stated when Eden Prairie Road was being put it this was likely the best determination at the time based on potential future development. Klima recommended Mr. Bunn contact the City Engineer's Office if there were further questions. Villarreal asked Anderson to what extent did he expect these houses to be developed with or prepared for charging units in the garages for electric vehicles. Anderson replied this was not a standard at this point,but was also not prohibited. Each house would be customized for the individual buyer. He and Gergen would have an ongoing relationship with the development, but the location of the electrical panels would be based on the locations of the boxes, which would be based on the location of the utilities. Villarreal replied since Xcel would have to upgrade the distribution system of neighborhood, and asked who would be responsible for aligning the construction of the houses to the electrical grid. Anderson replied the builder would design the house, and he and Gergen who was also a licensed realtor would work with the builder. The design came from the PLANNING COMMISSION MINUTES March 11, 2019 Page 6 electric company, and he had asked staff for a list of utility contacts. Once the design was received he could look at where the transformers and panels would go, but typically that came with the design. Villarreal urged having an optimal panel placement to accommodate electric charging garages. He also asked where and at what height new trees would go in. Rooftop solar was more beneficial facing south and southwest, and he urged the developer to consider planning for the impact of shading. Anderson replied rooftop solar was not part of the considerations, and there were not many lots that could take advantage of a south/southwest facing. A variety of trees were to be planted, and a developer could not do much with the dense tree cover to the west of the development. Farr asked Anderson to summarize the neighborhood meeting held. Anderson replied 15-20 residents, mostly within the neighborhood, attended. Most questions dealt with house size,price points, and possible debris and dirt from construction. He and Gergen provided business cards and contact information. There had been additional general questions regarding access and traffic on Beverly Drive during construction, traffic shut down on Eden Prairie Road(which he did not foresee happening), et cetera. Farr replied he received mixed results regarding Anderson's best efforts to contact other property owners regarding the assemblage and asked Anderson to describe the larger process and the reaction of the other property owners. Anderson replied the project began late summer, 2018. He met with City staff to discuss a cul-de- sac versus a through road. Anderson did not contact Bunn, since he could split his property nevertheless, nor the property owners to the north, a property that was not adjacent to this one. The 40-50 foot drop in elevation at lots 6 and 7 downhill prevented a through road, requiring removing many trees to reconcile elevations. A cul-de-sac was the better solution. The D. R. Horton site would not benefit the developer so they did not acquire that site and it would not affect Cirrus Way or Prospect Road. He added there came a point where one could spend money on items that looked rational on paper but did not truly benefit the site, especially since a steep hill was a challenge. Farr asked him to clarify what was meant by a "barrier lot" on the D. R. Horton site. Anderson replied he spoke to the owners in 2018 and received some possible prices. There was electric, gas and cable in that lot. He did not know why it was still owned; to his mind it should have been dedicated as an outlot. Farr asked staff for D. R Horton's existing utilities and the ability to grade from this property. Schulze replied he was not fully aware of what was there. However, generally utilities were within four feet of the surface and would present a challenge for connecting a road. Farr questioned forethought on development when the utilities went in. Schulze replied a road connection may have been considered,but the likelihood the utilities were buried deep enough for this was low. Bunn approached again for a further comment. He objected to the blanket approval of lots by the commission and the loose obligations of the builder; the PLANNING COMMISSION MINUTES March 11, 2019 Page 7 City had no specific agreement as to what to enforce regarding the style of houses constructed. The development called for two additional driveways on Eden Prairie Road. He understood there would be no more driveways on this road; another property had constructed a long driveway specifically to avoid opening out on Eden Prairie Road. He was concerned about precedent being set here, and asked if neighboring parcels such as his could enjoy the same zoning and subdivide his lot. Farr replied Bunn's property was not subject to this development, but he encouraged Bunn to contact zoning staff regarding a potential subdivision of his property. Bunn's site had frontage on two roads: Eden Prairie Road and Beverly Lane. The commission was voting on a rezoning and preliminary plat only. The commission was not reviewing a site plan of architectural standards; staff had worked hard with the developer to make this a voluntary agreement. He asked staff to comment on the additional driveways to be constructed on Eden Prairie Road. He understood this to be driven by topographical features. Schulze replied this section of Eden Prairie Road had relatively low traffic volume and their addition did not contribute to traffic or safety issues. DeSanctis stated Flying Cloud Drive was under phased construction and asked for the anticipated traffic volume once the connector was complete. He asked if a traffic study was planned. Schulze replied traffic would grow on Flying Cloud Drive, but traffic had actually decreased in recent years and the addition of 16 units on this cul-de-sac would not make much difference. No traffic study was planned at this time. Farr asked if any speed limit triggered a recommended a driveway T-bone instead of backing out. Schulze replied on this 30-mile-an-hour road this was not needed. Villarreal asked what usually triggered a traffic study. Schulze replied more commercial type development typically triggered one. The lowest tier trigger was around 100 trips; this would not rise to that level. This could change in the future; perhaps an analysis rather than a study would be done. MOTION: Kirk moved, seconded by Villarreal to close the public hearing. MOTION CARRIED 6-0. Villarreal stated on the whole cul-de-sac made sense to him. Bunn was concerned there were too many lots shoehorned into this section and added a traffic study should be considered, being that more houses could be added along Beverly Road in the future. Higgins noted there were lots across Eden Prairie Road that were very large, and this development could trigger subdivisions there in the future. Kirk stated there were always tradeoffs in development, and the commission strove to find the best balance. He hoped the developer would maintain the R1- 13.5 setbacks. Traffic was always stated an issue, but rarely was it a major one in a residential area. DeSanctis stated the concept was reasonable, but he aired his concerns: how this development contributed to affordable housing, and the long term City plan of sustainability and carbon mitigation. He urged the inclusion of language to the development agreement for solar, e-vehicles and smart homes. PLANNING COMMISSION MINUTES March 11, 2019 Page 8 Mette stated this was the best plan for a site which presented unique grade challenges. She had no problem with the zoning; the lots along Eden Prairie Road could not be configured differently due to the nature of the site and drove the lot size disparity. It would generate a tax base while offering a future ability to connect Prospect Road. She did not see a reason to eliminate two homes. Affordable housing was not as yet a requirement and was the most challenging policy to enforce for single family detached units. Higgins noted there had been adequate effort to satisfy City requirements on a site that had been highly sought after by developers, and encouraged Bunn to further communicate with City staff. Farr commended the site plan for preserving trees. He appreciated DeSanctis's and Villarreal's concerns on sustainability, and had confidence in City engineering staff to design roads properly, especially in single-family residential areas. He saw no safety concerns and had no objection to the zoning change. MOTION: Kirk moved, seconded by Mette to recommend approval of the zoning district change from rural to R1-9.5 on 6.86 acres and the preliminary plat of the two lots into 17 lots and two outlots on 6.86 acres based on the staff report dated March 7, 2019 and plans stamp-dated March 1, 2019. MOTION CARRIED 5-1 with one nay vote (Villarreal). H. PLANNERS' REPORT I. MEMBERS' REPORTS J. CONTINUING BUSINESS K. NEW BUSINESS L. ADJOURNMENT MOTION: Villarreal moved, seconded by DeSanctis to adjourn the meeting. MOTION CARRIED 6-0. Chair Farr adjourned the meeting at 8:31 p.m. March 26th, 2019 Christopher Bunn 9850 Eden Prairie Road Eden Prairie MN Dear City Council Members, I am writing this letter to express my concern for the proposed development project "Beverly Hill" located at 16540 Beverly Drive and 9800 Eden Prairie Road. My wife and I live at 9850 Eden Prairie Road, the proposed development wraps around our property to the north and west. The proposed lot sizes and requested R 1-9.5 zoning are inconsistent with the ongoing development. Of the 150 or more lots in the immediate guide plan area the ten smallest lots will exist within this development. The 2030 guide plan identifies a density of 2.5 units per acre, the majority of lots in this development are significantly smaller than this. The most common lot size is between 10000 and 11000 sf. The development will further distinguish itself by using the smaller allowed set back requirements available under the R1-9.5 zoning. The 5 ft side setbacks will create a near continuous wall of housing, inconsistent with the neighboring properties. This will restrict views and exacerbate noise along Eden Prairie Road. The proposed R1-9.5 zoning area is adjacent to Rural and R1-13.5 properties. No buffer area is proposed to lessen the impact of the varying density. When the option to do so existed lot placements where made that minimized the possibility. The lots along Eden Prairie road are placed in such a way that they minimize the separation from my parcel and maximize the lot size of the northmost lot. Does the city have regulations that require a buffer between disjoint zoning areas? This proposed 17-unit development exceeds the number of assessed units for the combined properties. These assessments were assigned to each property in the area based on the location and expected benefit to the property. Exceeding the number of assessed units in this case is effectively asking the current property owners to subsidize these additional units. These assessments are recent and reflected the expected development in the area. Given the nature of the requested zoning change this project is lacking in several key details. At present a builder has not been identified. The disparity in lot sizes and the R1-9.5 lot site could lead to a significant disparity in quality and value. If the R1-9.5 zoning request is truly necessary, I would like to know exactly how it will be used. At present it only used maximize the number of units. If the R1-9.5 zoning is approved what would keep the developer from making a revised submission requesting an increase in the number of units? I first spoke with the developer Mark Gergen in early February after I reached out to him requesting additional information regarding the project. As the developer worked with the city staff I was never contacted or provided any input into the process. The city has long intended to develop this entire corner. I have previously contacted the same city staff advising this developer and expressed interest in the subdivision of my property. I appreciate your consideration and time. Thank you Chris Bunn CITY COUNCIL AGENDA DATE: SECTION: Public Hearings April 2, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/ Adopt resolution modifying the Redevelopment Plan IX.B. Janet Jeremiah/Jonathan for Redevelopment Project Area No. 5, Establishing Stanley Tax Increment Financing District 23, and Adopting a Tax Increment Plan Requested Action Move to: Adopt the resolution requesting a modification to the Redevelopment Plan for Redevelopment Project Area No. 5, establishing Tax Increment Financing District No. 23: Trail Pointe Ridge therein, and adopting a Tax Increment Financing Plan therefor. Synopsis TIF District 23: Trail Pointe Ridge is being created to support the Trail Pointe Ridge development, a 58-unit mixed-income apartment complex to be built, owned, and operated by non-profit CommonBond Communities as part of the larger Smith Village project. In adopting the resolution, Council will warrant that the HRA and City have performed all actions required by law to be performed prior to the establishment of the district, including public hearing requirements and required notification to the County and School District. Background Information Upon a finding by the Eden Prairie HRA that it is in the public interest and will help fulfill a need to develop an area of the State of Minnesota for affordable and high-quality housing, adoption of this resolution will approve the Redevelopment Plan Modification, and specifically find that: (a) the land within the Project Area would not be available for redevelopment without the financial aid to be sought under this Redevelopment Plan; (b) the Redevelopment Plan, as modified, will afford maximum opportunity, consistent with the needs of the City as a whole, for the development of the Project Area by private enterprise; and(c)that the Redevelopment Plan, as modified, conforms to the general plan for the development of the City as a whole. Furthermore, the adoption of the Plans conforms in all respects to the requirements of the Act and will help fulfill a need to develop an area of the city which is already built up to provide housing opportunities, to improve the tax base and to improve the general economy of the State and thereby serves a public purpose. The City believes these benefits directly derive from the tax increment assistance provided under the TIF plan. A private developer will receive only the assistance needed to make this development financially feasible. As such, any private benefits received by a developer are incidental and do not outweigh the primary public benefits. Attachments Resolution TIF Plan CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2019- _ RESOLUTION ADOPTING A MODIFICATION TO THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT AREA NO. 5 AND ESTABLISHING TAX INCREMENT FINANCING DISTRICT NO. 23: TRAIL POINTE RIDGE THEREIN AND ADOPTING A TAX INCREMENT FINANCING PLAN THEREFOR BE IT RESOLVED by the City Council (the "Council") of the City of Eden Prairie, Minnesota(the "City"), as follows: Section 1. Recitals. 1.01. The Board of Commissioners of the Housing and Redevelopment Authority in and for the City of Eden Prairie (the "HRA") has heretofore established Redevelopment Project Area No. 5 and adopted a Redevelopment Plan therefor. It has been proposed by the HRA and the City that the City adopt a Modification to the Redevelopment Plan (the "Redevelopment Plan Modification") for Redevelopment Project Area No. 5 (the "Project Area") and establish Tax Increment Financing District No. 23: Trail Pointe Ridge (the "District") therein and adopt a Tax Increment Financing Plan(the "TIF Plan")therefor(the Redevelopment Plan Modification and the TIF Plan are referred to collectively herein as the "Plans"); all pursuant to and in conformity with applicable law, including Minnesota Statutes, Sections 469.001 to 469.047 and Sections 469.174 to 469.1794, all inclusive, as amended, (the "Act") all as reflected in the Plans, and presented for the Council's consideration. 1.02. The HRA and City have investigated the facts relating to the Plans and have caused the Plans to be prepared. 1.03. The HRA and City have performed all actions required by law to be performed prior to the establishment of the District and the adoption and approval of the proposed Plans, including,but not limited to,notification of Hennepin County and Independent School District No. 272 having taxing jurisdiction over the property to be included in the District,approval of the Plans by the HRA on April 3,2019,and the holding of a public hearing upon published notice as required by law. 1.04. Certain written reports (the "Reports") relating to the Plans and to the activities contemplated therein have heretofore been prepared by staff and consultants and submitted to the Council and/or made a part of the City files and proceedings on the Plans. The Reports include data, information and/or substantiation constituting or relating to the basis for the other findings and determinations made in this resolution. The Council hereby confirms, ratifies and adopts the Reports,which are hereby incorporated into and made as fully a part of this resolution to the same extent as if set forth in full herein. 1.05. The City is modifying the boundaries of Project Area to expand the Project Area to include the area for the TIF District. Section 2. Findings for the Adoption and Approval of the Redevelopment Plan Modification. 2.01. The Council approves the Redevelopment Plan Modification,and specifically finds that: (a) the land within the Project Area would not be available for redevelopment without the financial aid to be sought under this Redevelopment Plan; (b) the Redevelopment Plan, as modified, will afford maximum opportunity, consistent with the needs of the City as a whole, for the development of the Project Area by private enterprise; and(c)that the Redevelopment Plan, as modified, conforms to the general plan for the development of the City as a whole. Section 3. Findings for the Establishment of Tax Increment Financing District No. 23: Trail Pointe Ridge 3.01. The Council hereby finds that Tax Increment Financing District No. 23: Trail Pointe Ridge is in the public interest and is a "housing district" under Minnesota Statutes, Section 469.174, Subd. 11 of the Act. 3.02. The Council further finds that the proposed development would not occur solely through private investment within the reasonably foreseeable future, that the Plans conform to the general plan for the development or redevelopment of the City as a whole; and that the Plans will afford maximum opportunity consistent with the sound needs of the City as a whole, for the development or redevelopment of the District by private enterprise. 3.03. The Council further finds, declares and determines that the City made the above findings stated in this Section and has set forth the reasons and supporting facts for each determination in writing, attached hereto as Exhibit A. Section 4. Public Purpose. 4.01. The adoption of the Plans conforms in all respects to the requirements of the Act and will help fulfill a need to develop an area of the City which is already built up, to provide housing opportunities, to improve the tax base and to improve the general economy of the State and thereby serves a public purpose. For the reasons described in Exhibit A, the City believes these benefits directly derive from the tax increment assistance provided under the TIF Plan. A private developer will receive only the assistance needed to make this development financially feasible. As such, any private benefits received by a developer are incidental and do not outweigh the primary public benefits. Section 5. Approval and Adoption of the Plans. 5.01. The Plans, as presented to the Council on this date, including without limitation the findings and statements of objectives contained therein, are hereby approved,ratified, established, and adopted and shall be placed on file in the office of the Community Development Director. 5.02. The staff of the City, the City's advisors and legal counsel are authorized and directed to proceed with the implementation of the Plans and to negotiate, draft, prepare and present to this Council for its consideration all further plans,resolutions, documents and contracts necessary for this purpose. 5.03 The Auditor of Hennepin County is requested to certify the original net tax capacity of the District, as described in the Plans, and to certify in each year thereafter the amount by which the original net tax capacity has increased or decreased; and the HRA is authorized and directed to forthwith transmit this request to the County Auditor in such form and content as the Auditor may specify, together with a list of all properties within the District, for which building permits have been issued during the 18 months immediately preceding the adoption of this resolution. 5.04. The City Clerk is further authorized and directed to file a copy of the Plans with the Commissioner of the Minnesota Department of Revenue and the Office of the State Auditor pursuant to Minnesota Statutes 469.175, Subd. 4a. Dated: April 2, 2019 ATTEST: Kathleen Porta, City Clerk Ronald A. Case, Mayor (Seal) EXHIBIT A The reasons and facts supporting the findings for the adoption of the Tax Increment Financing Plan for Tax Increment Financing District No.23: Trail Pointe Ridge, as required pursuant to Minnesota Statutes, Section 469.175, Subdivision 3 are as follows: 1. Finding that Tax Increment Financing District No.23: Trail Pointe Ridge is a housing district as defined in M.S., Section 469.174, Subd. 11. TIF District No. 23: Trail Pointe Ridge consists of one parcel. The development will consist of approximately 58 apartment units. A portion of the housing units will receive tax increment assistance and will meet income restrictions described in M.S. 469.1761. At least 40 percent of the units (24 apartments) receiving assistance will have incomes at or below 60 percent of statewide median income. Appendix E of the TIF Plan contains background for the above finding. 2. Finding that the proposed development, in the opinion of the City Council, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future. The proposed development, in the opinion of the City, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future: This finding is supported by the fact that the development proposed in this plan contains affordable, workforce housing units that meet the City's objectives for development. The cost of land acquisition, site and public improvements and construction makes this housing development infeasible without City assistance. The cost of land acquisition and construction are the same for workforce housing units as they are for market rate projects. The decreased rental income from the affordable units, means there is less cash flow available to service the operating and debt expenses for the project. The leaves a gap in funding for the project. The need to offset this reduction in rents for the workforce housing units makes this housing development feasible only through assistance, in part, from tax increment financing. The developer was asked for and provided a letter and a pro forma as justification that the project would not have gone forward without tax increment assistance. The increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the TIF District permitted by the TIF Plan: This finding is justified on the grounds that the costs of acquisition, building demolition, site improvements,utility improvements and construction of affordable housing add to the total development cost. Historically, the costs of site and public improvements, as well as high market rate rents in the City have made development of affordable housing infeasible without tax increment assistance. Although other projects could potentially be proposed, the City reasonably determines that no other redevelopment of similar scope providing the desired affordability can be anticipated on this site without substantially similar assistance being provided to the development. 3. Finding that the TIF Plan for Tax Increment Financing District No. 23: Trail Pointe Ridge conforms to the general plan for the development or redevelopment of the municipality as a whole. The City Council finds that the TIF Plan conforms to the general development plan of the City. The TIF Plan is consistent with amendments approved by the City Council to the Comprehensive Guide Plan and zoning. 4. Finding that the TIF Plan for Tax Increment Financing District No. 23: Trail Pointe Ridge will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development or redevelopment of Redevelopment Project Area No. 5 by private enterprise. The project to be assisted by the District will result in diversified housing opportunities and increased employment and increased tax base in the City and the State of Minnesota, and the addition of a high-quality development to the City. ECONOMIC DEVELOPMENT & REDEVELOPMENT MODIFICATION TO THE REDEVELOPMENT PLAN Redevelopment Project Area No. 5 - AND - TAX INCREMENT FINANCING PLAN Tax Increment Financing District No. 23: Trail Pointe Ridge Housing & Redevelopment Authority in and for the City of Eden Prairie City of Eden Prairie, Hennepin County, Minnesota Public hearing: April 2019 PRAIRIE g2, LIVE•WORK•DREAM Adopted: g§ EHLER BUILDING COMMUNITIES. IT'S WHAT WE DO. S ® info@ehlers-inc.com Q 1 (800)552-1171 "' www.ehlers-inc.com LEADERS IN PUBLIC FINANCE Table of Contents (for reference purposes only) Section 1 - Modification to the Redevelopment Plan for Redevelopment Project Area No. 5 1-3 Foreword 1-3 Section 2 - Tax Increment Financing Plan for Tax Increment Financing District No. 23: Trail Pointe Ridge 2-1 Subsection 2-1. Foreword 2-1 Subsection 2-2. Statutory Authority 2-1 Subsection 2-3. Statement of Objectives 2-1 Subsection 2-4. Redevelopment Plan Overview 2-2 Subsection 2-5. Description of Property in the District and Property To Be Acquired 2-2 Subsection 2-6. Classification of the District 2-3 Subsection 2-7. Duration and First Year of Tax Increment of the District 2-3 Subsection 2-8. Original Tax Capacity, Tax Rate and Estimated Captured Net Tax Capacity Value/Increment and Notification of Prior Planned Improvements 2-4 Subsection 2-9. Sources of Revenue/Bonds to be Issued 2-5 Subsection 2-10. Uses of Funds 2-6 Subsection 2-11. Fiscal Disparities Election 2-6 Subsection 2-12. Business Subsidies 2-7 Subsection 2-13. County Road Costs 2-7 Subsection 2-14. Estimated Impact on Other Taxing Jurisdictions 2-9 Subsection 2-15. Supporting Documentation 2-9 Subsection 2-16. Definition of Tax Increment Revenues 2-10 Subsection 2-17. Modifications to the District 2-10 Subsection 2-18. Administrative Expenses 2-11 Subsection 2-19. Limitation of Increment 2-12 Subsection 2-20. Use of Tax Increment 2-12 Subsection 2-21. Excess Increments 2-13 Subsection 2-22. Requirements for Agreements with the Developer 2-13 Subsection 2-23. Assessment Agreements 2-13 Subsection 2-24. Administration of the District 2-13 Subsection 2-25. Annual Disclosure Requirements 2-14 Subsection 2-26. Reasonable Expectations 2-14 Subsection 2-27. Other Limitations on the Use of Tax Increment 2-14 Subsection 2-28. Summary A-1 Appendix A Project Description B-1 Appendix B Map of Redevelopment Project Area No. 5 and the District C-1 Appendix C Description of Property to be Included in the District D-1 Appendix D Estimated Cash Flow for the District E-1 Appendix E Housing Qualifications for the District F-1 Appendix F Findings for the District F-1 Section 1 - Modification to the Redevelopment Plan for Redevelopment Project Area No. 5 Foreword The following text represents a Modification to the Redevelopment Plan for Redevelopment Project Area No.5. This modification represents a continuation of the goals and objectives set forth in the Redevelopment Plan for Redevelopment Project Area No. 5. Generally, the substantive changes include the expansion of boundaries of Redevelopment Project Area No.5 and the establishment of Tax Increment Financing District No. 23: Trail Pointe Ridge. For further information, a review of the Redevelopment Plan for Redevelopment Project Area No. 5 is recommended. It is available from the Community Development Director at the City of Eden Prairie. Other relevant information is contained in the Tax Increment Financing Plans for the Tax Increment Financing Districts located within Redevelopment Project Area No. 5. Housing and Redevelopment Authority in and for the City of Eden Prairie Modification to the Redevelopment Plan for Redevelopment Project Area No.5 1-3 Section 2- Tax Increment Financing Plan for Tax Increment Financing District No. 23: Trail Pointe Ridge Subsection 2-1. Foreword The Housing and Redevelopment Authority in and for the City of Eden Prairie(the"HRA"),the City of Eden Prairie (the "City"), staff and consultants have prepared the following information to expedite the establishment of Tax Increment Financing District No.23:Trail Pointe Ridge(the"District"),a housing tax increment financing district, located in Redevelopment Project Area No. 5. Subsection 2-2. Statutory Authority Within the City, there exist areas where public involvement is necessary to cause development or redevelopment to occur. To this end,the HRA and City have certain statutory powers pursuant to Minnesota Statutes ("M.S.'), Sections 469.001 to 469.047, inclusive, as amended, and M.S., Sections 469.174 to 469.1794, inclusive, as amended(the "Tax Increment Financing Act" or "TIF Act"),to assist in financing public costs related to this project. This section contains the Tax Increment Financing Plan (the "TIF Plan") for the District. Other relevant information is contained in the Modification to the Redevelopment Plan for Redevelopment Project Area No. 5. Subsection 2-3. Statement of Objectives The District currently consists of one parcel of land and adjacent and internal rights-of-way. The District is being created to facilitate construction of 58 apartment units in the City. Please see Appendix A for further District information. The HRA intends to enter into an agreement with CommonBond Communities as the developer. This TIF Plan is expected to achieve many of the objectives outlined in the Redevelopment Plan for Redevelopment Project Area No. 5. The activities contemplated in the Modification to the Redevelopment Plan and the TIF Plan do not preclude the undertaking of other qualified development or redevelopment activities. These activities are anticipated to occur over the life of Redevelopment Project Area No. 5 and the District. Subsection 2-4. Redevelopment Plan Overview 1. Property to be Acquired-While not currently anticipated, selected property located within the District may be acquired by the HRA or City and is further described in this TIF Plan. 2. Relocation - Relocation services, to the extent required by law, are available pursuant to M.S., Chapter 117 and other relevant state and federal laws. 3. Upon approval of a developer's plan relating to the project and completion of the necessary legal requirements,the HRA or City may sell to a developer selected properties that it may acquire within the District or may lease land or facilities to a developer. 4. The HRA or City may perform or provide for some or all necessary acquisition,construction, relocation, demolition, and required utilities and public street work within the District. Housing and Redevelopment Authority in and for the City of Eden Prairie Tax Increment Financing Plan for Tax Increment Financing District No.23:Trail Pointe Ridge 2-1 Subsection 2-5. Description of Property in the District and Property To Be Acquired The District encompasses all property and adjacent rights-of-way and abutting roadways identified by the parcels listed in Appendix C of this TIF Plan. Please also see the map in Appendix B for further information on the location of the District. Subsection 2-6. Classification of the District The HRA and City, in determining the need to create a tax increment financing district in accordance with M.S., Sections 469.174 to 469.1799, as amended, inclusive, find that the District, to be established, is a housing district pursuant to M.S., Section 469.174, Subd. 11 and M.S., Section 469.1761 as defined below: M.S., Section 469.174, Subd.11: "Housing district"means a type of tax increment financing district which consists of a project, or a portion of a project, intended for occupancy, in part, by persons or families of low and moderate income, as defined in chapter 462A, Title II of the National Housing Act of 1934, the National Housing Act of 1959, the United States Housing Act of 1937, as amended, Title V of the Housing Act of 1949, as amended, any other similar present or future federal, state, or municipal legislation, or the regulations promulgated under any of those acts, and that satisfies the requirements of M.S., Section 469.1761. Housing project means a project, or portion of a project, that meets all the qualifications of a housing district under this subdivision, whether or not actually established as a housing district. M.S., Section 469.1761: Subd. 1. Requirement imposed. (a) In order for a tax increment financing district to qualify as a housing district: (1) the income limitations provided in this section must be satisfied; and (2) no more than 20 percent of the square footage of buildings that receive assistance from tax increments may consist of commercial, retail, or other nonresidential uses. (b) The requirements imposed by this section apply to property receiving assistance financed with tax increments, including interest reduction, land transfers at less than the authority's cost of acquisition, utility service or connections, roads, parking facilities, or other subsidies. The provisions of this section do not apply to districts located within a targeted area as defined in Section 462C.02 Subd 9, clause (e). (c)For purposes of the requirements of paragraph (a), the authority may elect to treat an addition to an existing structure as a separate building if: (1) construction of the addition begins more than three years after construction of the existing structure was completed; and (2) for an addition that does not meet the requirements of paragraph (a), clause(2),if it is treated as a separate building, the addition was not contemplated by the tax increment financing plan which includes the existing structure. Housing and Redevelopment Authority in and for the City of Eden Prairie Tax Increment Financing Plan for Tax Increment Financing District No.23:Trail Pointe Ridge 2-2 Subd. 2. Owner occupied housing. For owner occupied residential property, 95 percent of the housing units must be initially purchased and occupied by individuals whose family income is less than or equal to the income requirements for qualified mortgage bond projects under section 143(f) of the Internal Revenue Code. Subd. 3. Rental property. For residential rental property, the property must satisfy the income requirements for a qualified residential rental project as defined in section 142(d) of the Internal Revenue Code. The requirements of this subdivision apply for the duration of the tax increment financing district. Subd. 4. Noncompliance; enforcement. Failure to comply with the requirements of this section is subject to M.S., Section 469.1771. In meeting the statutory criteria the HRA and City rely on the following facts and findings: • The District consists of one parcel. • The development will consist of 58-units of multi-family rental housing • 40%of the units will be occupied by person with incomes less than 60%of median income Pursuant to M.S., Section 469.176, Subd. 7,the District does not contain any parcel or part of a parcel that qualified under the provisions of M.S., Sections 273.111, 273.112, or 273.114 or Chapter 473H for taxes payable in any of the five calendar years before the filing of the request for certification of the District. Subsection 2-7. Duration and First Year of Tax Increment of the District Pursuant to M.S., Section 469.175, Subd. 1, and Section 469.176, Subd. 1,the duration and first year of tax increment of the District must be indicated within the TIF Plan. Pursuant to M.S.,Section 469.176,Subd. 1 b., the duration of the District will be 25 years after receipt of the first increment by the HRA or City(a total of 26 years of tax increment). The HRA or City elects to receive the first tax increment in 2021,which is no later than four years following the year of approval of the District. Thus, it is estimated that the District, including any modifications of the TIF Plan for subsequent phases or other changes,would terminate after 2046,or when the TIF Plan is satisfied. The HRA or City reserves the right to decertify the District prior to the legally required date. Subsection 2-8. Original Tax Capacity,Tax Rate and Estimated Captured Net Tax Capacity Value/Increment and Notification of Prior Planned Improvements Pursuant to M.S.,Section 469.174,Subd. 7 and M.S.,Section 469.177,Subd. 1,the Original Net Tax Capacity (ONTC)as certified for the District will be based on the market values placed on the property by the assessor in 2018 for taxes payable 2019. Pursuant to M.S., Section 469.177, Subds. 1 and 2,the County Auditor shall certify in each year(beginning in the payment year 2020)the amount by which the original value has increased or decreased as a result of: 1. Change in tax exempt status of property; 2. Reduction or enlargement of the geographic boundaries of the district; 3. Change due to adjustments,negotiated or court-ordered abatements; 4. Change in the use of the property and classification; Housing and Redevelopment Authority in and for the City of Eden Prairie Tax Increment Financing Plan for Tax Increment Financing District No.23:Trail Pointe Ridge 2-3 5. Change in state law governing class rates; or 6. Change in previously issued building permits. In any year in which the current Net Tax Capacity(NTC)value of the District declines below the ONTC,no value will be captured and no tax increment will be payable to the HRA or City. The original local tax rate for the District will be the local tax rate for taxes payable 2019, assuming the request for certification is made before June 30,2019. The ONTC and the Original Local Tax Rate for the District appear in the table below. Pursuant to M.S., Section 469.174 Subd. 4 and M.S., Section 469.177, Subd. 1, 2, and 4, the estimated Captured Net Tax Capacity (CTC) of the District, within Redevelopment Project Area No. 5, upon completion of the projects within the District,will annually approximate tax increment revenues as shown in the table below. The HRA and City request 100 percent of the available increase in tax capacity for repayment of its obligations and current expenditures,beginning in the tax year payable 2021. The Project Tax Capacity(PTC)listed is an estimate of values when the projects within the District are completed. Project Estimated Tax Capacity upon Completion(PTC) $145,213 Original Estimated Net Tax Capacity(ONTC) $10,230 Estimated Captured Tax Capacity(CTC) $134,983 Original Local Tax Rate 1.05742 Preliminary Pay 2019 Estimated Annual Tax Increment(CTC x Local Tax Rate) $142,734 Percent Retained by the HRA 100% Tax capacity includes a 3.0%inflation factor for the duration of the District. The tax capacity included in this chart is the estimated tax capacity of the District in year 25. The tax capacity of the District in year one is estimated to be$17,859. Pursuant to M.S., Section 469.177, Subd. 4, the HRA shall, after a due and diligent search, accompany its request for certification to the County Auditor or its notice of the District enlargement pursuant to M.S., Section 469.175, Subd. 4,with a listing of all properties within the District or area of enlargement for which building permits have been issued during the eighteen(18)months immediately preceding approval of the TIF Plan by the municipality pursuant to M.S.,Section 469.175, Subd. 3. The County Auditor shall increase the original net tax capacity of the District by the net tax capacity of improvements for which a building permit was issued. The City has reviewed the area to be included in the District and determined no building permits have been issued during the 18 months immediately preceding approval of the TIF Plan by the City. Subsection 2-9. Sources of Revenue/Bonds to be Issued The costs outlined in the Uses of Funds will be financed primarily through the annual collection of tax increments. The HRA or City reserves the right to incur bonds or other indebtedness as a result of the TIF Plan. As presently proposed,the projects within the District will be financed by a pay-as-you-go note and interfund loan. Any refunding amounts will be deemed a budgeted cost without a formal TIF Plan Modification. This provision does not obligate the HRA or City to incur debt. The HRA or City will issue bonds or incur other debt only upon the determination that such action is in the best interest of the City. Housing and Redevelopment Authority in and for the City of Eden Prairie Tax Increment Financing Plan for Tax Increment Financing District No.23:Trail Pointe Ridge 2-4 The total estimated tax increment revenues for the District are shown in the table below: SOURCES OF FUNDS TOTAL Tax Increment $2,482,678 Interest $248,268 TOTAL $2,730,946 The HRA or City may issue bonds(as defined in the TIF Act)secured in whole or in part with tax increments from the District in a maximum principal amount of$1,847,098. Such bonds may be in the form of pay-as- you-go notes, revenue bonds or notes, general obligation bonds, or interfund loans. This estimate of total bonded indebtedness is a cumulative statement of authority under this TIF Plan as of the date of approval. Subsection 2-10. Uses of Funds Currently under consideration for the District is a proposal to facilitate construction of 58 apartment units. The HRA and City have determined that it will be necessary to provide assistance to the project(s)for certain District costs, as described. The HRA has studied the feasibility of the development or redevelopment of property in and around the District. To facilitate the establishment and development or redevelopment of the District, this TIF Plan authorizes the use of tax increment financing to pay for the cost of certain eligible expenses. The estimate of public costs and uses of funds associated with the District is outlined in the following table. USES OF TAX INCREMENT FUNDS TOTAL Land/Building Acquisition $1,000,000 IConstruction of Affordable Housing $300,000 IOther Qualifying Improvements $50,562 IAdministrative Costs (up to 10%) $496,536 IPROJECT COST TOTAL $1,847,098 IInterest $883,848 IPROJECT AND INTEREST COSTS TOTAL $2,730,946 The total project cost, including financing costs(interest)listed in the table above does not exceed the total projected tax increments for the District as shown in Subsection 2-9. Estimated costs associated with the District are subject to change among categories without a modification to this TIF Plan. The cost of all activities to be considered for tax increment financing will not exceed, without formal modification,the budget above pursuant to the applicable statutory requirements. The HRA may expend funds for qualified housing activities outside of the District boundaries. Housing and Redevelopment Authority in and for the City of Eden Prairie Tax Increment Financing Plan for Tax Increment Financing District No.23:Trail Pointe Ridge 2-5 Subsection 2-11. Fiscal Disparities Election Pursuant to M.S., Section 469.177, Subd. 3, the City may elect one of two methods to calculate fiscal disparities. If the calculations pursuant to M.S., Section 469.177,Subd. 3, clause a,(outside the District)are followed,the following method of computation shall apply: (1) The original net tax capacity and the current net tax capacity shall be determined before the application of the fiscal disparity provisions of Chapter 276A or 473F. Where the original net tax capacity is equal to or greater than the current net tax capacity, there is no captured net tax capacity and no tax increment determination. Where the original net tax capacity is less than the current net tax capacity, the difference between the original net tax capacity and the current net tax capacity is the captured net tax capacity. This amount less any portion thereofwhich the authority has designated, in its tax increment financing plan, to share with the local taxing districts is the retained captured net tax capacity of the authority. (2) The county auditor shall exclude the retained captured net tax capacity of the authority from the net tax capacity of the local taxing districts in determining local taxing district tax rates. The local tax rates so determined are to be extended against the retained captured net tax capacity of the authority as well as the net tax capacity of the local taxing districts. The tax generated by the extension of the lesser of(A) the local taxing district tax rates or(B) the original local tax rate to the retained captured net tax capacity of the authority is the tax increment of the authority. The City will choose to calculate fiscal disparities by clause b. It is not anticipated that the District will contain commercial/industrial property. As a result, there should be no impact due to the fiscal disparities provision on the District. According to M.S., Section 469.177, Subd. 3: (c) The method of computation of tax increment applied to a district pursuant to paragraph (a) or (b) shall remain the same for the duration of the district, except that the governing body may elect to change its election from the method of computation in paragraph (a) to the method in paragraph (b). Subsection 2-12. Business Subsidies Pursuant to M.S., Section 1161..993, Subd. 3, the following forms of financial assistance are not considered a business subsidy: (1) A business subsidy of less than$150,000; (2) Assistance that is generally available to all businesses or to a general class of similar businesses, such as a line of business, size, location, or similar general criteria; (3) Public improvements to buildings or lands owned by the state or local government that serve a public purpose and do not principally benefit a single business or defined group of businesses at the time the improvements are made; (4) Redevelopment property polluted by contaminants as defined in M.S., Section 116J.552, Subd. 3; (5) Assistance provided for the sole purpose of renovating old or decaying building stock or bringing it up to code and assistance provided for designated historic preservation districts,provided that the assistance is equal to or less than 50%of the total cost; (6) Assistance to provide job readiness and training services if the sole purpose of the assistance is to Housing and Redevelopment Authority in and for the City of Eden Prairie Tax Increment Financing Plan for Tax Increment Financing District No.23:Trail Pointe Ridge 2-6 provide those services; (7) Assistance for housing; (8) Assistance for pollution control or abatement, including assistance for a tax increment financing hazardous substance subdistrict as defined under M.S., Section 469.174, Subd. 23; (9) Assistance for energy conservation; (10) Tax reductions resulting from conformity with federal tax law; (11) Workers' compensation and unemployment compensation; (12) Benefits derived from regulation; (13) Indirect benefits derived from assistance to educational institutions; (14) Funds from bonds allocated under chapter 474A,bonds issued to refund outstanding bonds, and bonds issued for the benefit of an organization described in section 501 (c) (3) of the Internal Revenue Code of 1986, as amended through December 31, 1999; (15) Assistance for a collaboration between a Minnesota higher education institution and a business; (16) Assistance for a tax increment financing soils condition district as defined under M.S., Section 469.174, Subd. 19; (17) Redevelopment when the recipient's investment in the purchase of the site and in site preparation is 70 percent or more of the assessor's current year's estimated market value; (18) General changes in tax increment financing law and other general tax law changes of a principally technical nature; (19) Federal assistance until the assistance has been repaid to, and reinvested by, the state or local government agency; (20) Funds from dock and wharf bonds issued by a seaway port authority; (21) Business loans and loan guarantees of$150,000 or less; (22) Federal loan funds provided through the United States Department of Commerce,Economic Development Administration; and (23) Property tax abatements granted under M.S., Section 469.1813 to property that is subject to valuation under Minnesota Rules, chapter 8100. The HRA will comply with M.S., Sections 1161993 to 1161995 to the extent the tax increment assistance under this TIF Plan does not fall under any of the above exemptions. Subsection 2-13. County Road Costs Pursuant to M.S., Section 469.175, Subd. la,the county board may require the HRA or City to pay for all or part of the cost of county road improvements if the proposed development to be assisted by tax increment will, in the judgment of the county, substantially increase the use of county roads requiring construction of road improvements or other road costs and if the road improvements are not scheduled within the next five years under a capital improvement plan or within five years under another county plan. If the county elects to use increments to improve county roads,it must notify the HRA or City within forty- five days of receipt of this TIF Plan. In the opinion of the HRA and City and consultants, the proposed development outlined in this TIF Plan will have little or no impact upon county roads,therefore the TIF Plan was not forwarded to the county 45 days prior to the public hearing. The HRA and City are aware that the county could claim that tax increment should be used for county roads, even after the public hearing. Subsection 2-14. Estimated Impact on Other Taxing Jurisdictions The estimated impact on other taxing jurisdictions assumes that the redevelopment contemplated by the TIF Plan would occur without the creation of the District. However,the HRA or City has determined that such development or redevelopment would not occur "but for" tax increment financing and that, therefore, the Housing and Redevelopment Authority in and for the City of Eden Prairie Tax Increment Financing Plan for Tax Increment Financing District No.23:Trail Pointe Ridge 2-7 fiscal impact on other taxing jurisdictions is $0. The estimated fiscal impact of the District would be as follows if the "but for"test was not met: IMPACT ON TAX BASE Preliminary 2018/Pay 2019 Estimated Captured Total Net Tax Capacity(CTC) Percent of CTC Tax Capacity Upon Completion to Entity Total Hennepin County 1,827,697,633 134,983 0.0074% City of Eden Prairie 112,517,691 134,983 0.1200% Eden Prairie ISD No. 272 106,267,469 134,983 0.1270% IMPACT ON TAX RATES Preliminary Pay 2019 Percent Potential Extension Rates of Total CTC Taxes Hennepin County 0.416610 39.40% 134,983 56,235 City of Eden Prairie 0.317010 29.98% 134,983 42,791 Eden Prairie ISD No. 272 0.216710 20.49% 134,983 29,252 Other 0.107090 10.13% 134,983 14,455 Total 1.057420 100.00% 142,734 The estimates listed above display the captured tax capacity when all construction is completed. The tax rate used for calculations is the estimated Pay 2019 rate. The total net capacity for the entities listed above are based on estimated Pay 2019 figures. The District will be certified under the actual Pay 2019 rates,which were unavailable at the time this TIF Plan was prepared. Pursuant to M.S. Section 469.175 Subd. 2(b): (1) Estimate of total tax increment. It is estimated that the total amount of tax increment that will be generated over the life of the District is $2,482,678; (2) Probable impact of the District on city provided services and ability to issue debt. An impact of the District on police protection is expected. With any addition of new residents or businesses,police calls for service will be increased,and based on the City's call per population ratio an increase of 96 calls per year is estimated. New developments add an increase in traffic, and additional overall demands to the call load. The City does not expect that the proposed development, in and of itself, will necessitate new capital outlay. The probable impact of the District on fire protection is not expected to be significant. Typically new buildings generate few calls, if any, and are of superior construction. It is anticipated that the development will create minimal additional calls for fire and will not necessitate new capital investment in vehicles or facilities. Housing and Redevelopment Authority in and for the City of Eden Prairie Tax Increment Financing Plan for Tax Increment Financing District No.23:Trail Pointe Ridge 2-8 The impact of the District on public infrastructure is expected to be minimal. The development is not expected to significantly impact any traffic movements in the area.The current infrastructure for sanitary sewer, storm sewer and water will be able to handle the additional volume generated from the proposed development. Based on the development plans,there are no additional costs associated with street maintenance, sweeping,plowing,lighting and sidewalks. The development in the District is expected to contribute an estimated$41,180 in sanitary sewer(SAC)and$179,800 water(WAC) fees to the City and$144,130 in SAC fees to Met Council for a total of$365,110. The probable impact of any District general obligation tax increment bonds on the ability to issue debt for general fund purposes is expected to be minimal. It is not anticipated that there will be any general obligation debt issued in relation to this project, therefore there will be no impact on the City's ability to issue future debt or on the City's debt limit. (3) Estimated amount of tax increment attributable to school district levies. It is estimated that the amount of tax increments over the life of the District that would be attributable to school district levies, assuming the school district's share of the total local tax rate for all taxing jurisdictions remained the same, is $508,701; (4) Estimated amount of tax increment attributable to county levies. It is estimated that the amount of tax increments over the life of the District that would be attributable to county levies,assuming the county's share of the total local tax rate for all taxing jurisdictions remained the same, is$978,175; (5) Additional information requested by the county or school district. The City is not aware of any standard questions in a county or school district written policy regarding tax increment districts and impact on county or school district services. The county or school district must request additional information pursuant to M.S. Section 469.175 Subd. 2(b) within 15 days after receipt of the tax increment financing plan. No requests for additional information from the county or school district regarding the proposed development for the District have been received. Subsection 2-15. Supporting Documentation Pursuant to M.S. Section 469.175, Subd. 1 (a), clause 7 the TIF Plan must contain identification and description of studies and analyses used to make the determination set forth in M.S. Section 469.175, Subd. 3, clause(b)(2) and the findings are required in the resolution approving the District. Following is a list of reports and studies on file at the City that support the HRA and City's findings: • 2017-2020 Strategic Plan for Housing and Economic Development:City Community Development Department • 2017-2026 City Capital Improvement Plan • City of Eden Prairie Comprehensive Plan, October,2009 Subsection 2-16. Definition of Tax Increment Revenues Pursuant to M.S., Section 469.174, Subd. 25,tax increment revenues derived from a tax increment financing district include all of the following potential revenue sources: 1. Taxes paid by the captured net tax capacity,but excluding any excess taxes,as computed under M.S., Section 469.177; Housing and Redevelopment Authority in and for the City of Eden Prairie Tax Increment Financing Plan for Tax Increment Financing District No.23:Trail Pointe Ridge 2-9 2. The proceeds from the sale or lease of property,tangible or intangible,to the extent the property was purchased by the authority with tax increments; 3. Principal and interest received on loans or other advances made by the authority with tax increments; 4. Interest or other investment earnings on or from tax increments; 5. Repayments or return of tax increments made to the Authority under agreements for districts for which the request for certification was made after August 1, 1993; and 6. The market value homestead credit paid to the Authority under M.S., Section 273.1384. Subsection 2-17. Modifications to the District In accordance with M.S., Section 469.175, Subd. 4, any: 1. Reduction or enlargement of the geographic area of the District, if the reduction does not meet the requirements of M.S., Section 469.175, Subd. 4(e); 2. Increase in amount of bonded indebtedness to be incurred; 3. A determination to capitalize interest on debt if that determination was not a part of the original TIF Plan; 4. Increase in the portion of the captured net tax capacity to be retained by the HRA or City; 5. Increase in the estimate of the cost of the District,including administrative expenses,that will be paid or financed with tax increment from the District; or 6. Designation of additional property to be acquired by the HRA or City, shall be approved upon the notice and after the discussion,public hearing and findings required for approval of the original TIF Plan. Pursuant to M.S.Section 469.175 Subd. 40,the geographic area of the District may be reduced,but shall not be enlarged after five years following the date of certification of the original net tax capacity by the county auditor. If a housing district is enlarged, the reasons and supporting facts for the determination that the addition to the district meets the criteria of M.S., Section 469.174, Subd. 11 must be documented. The requirements of this paragraph do not apply if(1)the only modification is elimination of parcel(s)from the District and(2)(A)the current net tax capacity of the parcel(s)eliminated from the District equals or exceeds the net tax capacity of those parcel(s)in the District's original net tax capacity or(B)the HRA agrees that, notwithstanding M.S.,Section 469.177,Subd. 1,the original net tax capacity will be reduced by no more than the current net tax capacity of the parcel(s)eliminated from the District. The HRA or City must notify the County Auditor of any modification to the District. Modifications to the District in the form of a budget modification or an expansion of the boundaries will be recorded in the TIF Plan. Subsection 2-18.Administrative Expenses In accordance with M.S., Section 469.174, Subd. 14, administrative expenses means all expenditures of the HRA or City, other than: 1. Amounts paid for the purchase of land; 2. Amounts paid to contractors or others providing materials and services,including architectural and engineering services, directly connected with the physical development of the real property in the District; 3. Relocation benefits paid to or services provided for persons residing or businesses located in the District; Housing and Redevelopment Authority in and for the City of Eden Prairie Tax Increment Financing Plan for Tax Increment Financing District No.23:Trail Pointe Ridge 2-10 4. Amounts used to pay principal or interest on, fund a reserve for, or sell at a discount bonds issued pursuant to M.S., Section 469.178; or 5. Amounts used to pay other financial obligations to the extent those obligations were used to finance costs described in clauses(1)to(3). For districts for which certification was requested after July 31,2001,no tax increment may be used to pay any administrative expenses for District costs which exceed ten percent of total estimated tax increment expenditures authorized by the TIF Plan or the total tax increments,as defined in M.S.,Section 469.174,Subd. 25, clause (1), from the District,whichever is less. Pursuant to M.S., Section 469.176, Subd. 4h, tax increments may be used to pay for the County's actual administrative expenses incurred in connection with the District and are not subject to the percentage limits ofM.S.,Section 469.176,Subd. 3. The county may require payment of those expenses by February 15 of the year following the year the expenses were incurred. Pursuant to M.S., Section 469. 177, Subd. 11, the County Treasurer shall deduct an amount(currently .36 percent) of any increment distributed to the HRA or City and the County Treasurer shall pay the amount deducted to the State Commissioner of Management and Budget for deposit in an account in the special revenue fund to be appropriated to the State Auditor for the cost of financial reporting of tax increment financing information and the cost of examining and auditing authorities'use of tax increment financing. This amount maybe adjusted annually by the Commissioner of Revenue. Subsection 2-19. Limitation of Increment The tax increment pledged to the payment of bonds and interest thereon may be discharged and the District may be terminated if sufficient funds have been irrevocably deposited in the debt service fund or other escrow account held in trust for all outstanding bonds to provide for the payment of the bonds at maturity or redemption date. Pursuant to M.S., Section 469.176, Subd. 6: if, after four years from the date of certification of the original net tax capacity of the tax increment financing district pursuant to MS.,Section 469.177,no demolition,rehabilitation or renovation of property or other site preparation, including qualified improvement of a street adjacent to a parcel but not installation of utility service including sewer or water systems, has been commenced on a parcel located within a tax increment financing district by the authority or by the owner of the parcel in accordance with the tax increment financing plan, no additional tax increment may be taken from that parcel, and the original net tax capacity of that parcel shall be excluded from the original net tax capacity of the tax increment financing district. If the authority or the owner of the parcel subsequently commences demolition,rehabilitation or renovation or other site preparation on that parcel including qualified improvement of a street adjacent to that parcel, in accordance with the tax increment financing plan,the authority shall cent to the county auditor that the activity has commenced and the county auditor shall certify the net tax capacity thereof as most recently certified by the commissioner of revenue and add it to the original net tax capacity of the tax increment financing district. The county auditor must enforce the provisions of this subdivision. The authority must submit to the county auditor evidence that the required activity has taken place for each parcel in the district. The evidence for a parcel must be submitted by February 1 of the fifth year following the year in which the parcel was certified as included in the district. For purposes of this subdivision, qualified improvements of a Housing and Redevelopment Authority in and for the City of Eden Prairie Tax Increment Financing Plan for Tax Increment Financing District No.23:Trail Pointe Ridge 2-11 street are limited to (1) construction or opening of a new street, (2) relocation of a street, and(3)substantial reconstruction or rebuilding of an existing street. The HRA or City or a property owner must improve parcels within the District by approximately April 2023 and report such actions to the County Auditor. Subsection 2-20. Use of Tax Increment The HRA or City hereby determines that it will use 100 percent of the captured net tax capacity of taxable property located in the District for the following purposes: 1. To pay the principal of and interest on bonds issued to finance a project; 2. to finance,or otherwise pay public redevelopment costs of the Redevelopment Project Area No. 5 pursuant to M.S., Sections 469.001 to 469.047; 3. To pay for project costs as identified in the budget set forth in the TIF Plan; 4. To finance, or otherwise pay for other purposes as provided in M.S., Section 469.176, Subd. 4; 5. To pay principal and interest on any loans,advances or other payments made to or on behalf of the HRA or City or for the benefit of Redevelopment Project Area No. 5 by a developer; 6. To finance or otherwise pay premiums and other costs for insurance or other security guaranteeing the payment when due of principal of and interest on bonds pursuant to the TIF Plan or pursuant to M.S., Chapter 462C. M.S., Sections 469.152 through 469.165, and/or M.S., Sections 469.178; and 7. To accumulate or maintain a reserve securing the payment when due of the principal and interest on the tax increment bonds or bonds issued pursuant to M.S., Chapter 462C, M.S., Sections 469.152 through 469.165, and/or M.S., Sections 469.178. Revenues derived from tax increment from a housing district must be used solely to finance the cost of housing projects as defined in M.S., Sections 469.174, Subd. 11 and 469.1761. The cost of public improvements directly related to the housing projects and the allocated administrative expenses of the HRA or City may be included in the cost of a housing project. These revenues shall not be used to circumvent any levy limitations applicable to the City nor for other purposes prohibited by M.S., Section 469.176, Subd. 4. Tax increments generated in the District will be paid by Hennepin County to the HRA for the Tax Increment Fund of said District. The HRA or City will pay to the developer(s) annually an amount not to exceed an amount as specified in a developer's agreement to reimburse the costs of land acquisition, public improvements,demolition and relocation,site preparation,and administration. Remaining increment funds will be used for HRA or City administration (up to 10 percent) and for the costs of public improvement activities outside the District. Subsection 2-21. Excess Increments Excess increments,as defined in M.S., Section 469.176, Subd. 2,shall be used only to do one or more of the following: 1. Prepay any outstanding bonds; 2. Discharge the pledge of tax increment for any outstanding bonds; 3. Pay into an escrow account dedicated to the payment of any outstanding bonds; or 4. Return the excess to the County Auditor for redistribution to the respective taxing jurisdictions in proportion to their local tax rates. Housing and Redevelopment Authority in and for the City of Eden Prairie Tax Increment Financing Plan for Tax Increment Financing District No.23:Trail Pointe Ridge 2-12 The HRA or City must spend or return the excess increments under paragraph(c)within nine months after the end of the year. In addition,the HRA or City may, subject to the limitations set forth herein, choose to modify the TIF Plan in order to finance additional public costs in Redevelopment Project Area No. 5 or the District. Subsection 2-22. Requirements for Agreements with the Developer The HRA or City will review any proposal for private development to determine its conformance with the Redevelopment Plan and with applicable municipal ordinances and codes. To facilitate this effort, the following documents may be requested for review and approval: site plan, construction, mechanical, and electrical system drawings,landscaping plan,grading and storm drainage plan,signage system plan,and any other drawings or narrative deemed necessary by the HRA or City to demonstrate the conformance of the development with City plans and ordinances. The HRA or City may also use the Agreements between the HRA or City and the Developer to address other issues related to the development. Pursuant to M.S., Section 469.176, Subd. 5, no more than 10 percent, by acreage, of the property to be acquired in the project area as set forth in the TIF Plan shall at any time be owned by the HRA or City as a result of acquisition with the proceeds of bonds issued pursuant to M.S., Section 469.178 to which tax increments from property acquired is pledged, unless prior to acquisition in excess of 10 percent of the acreage,the HRA or City concluded an agreement for the development of the property acquired and which provides recourse for the HRA or City should the development not be completed. Subsection 2-23. Assessment Agreements Pursuant to M.S., Section 469.177, Subd. 8,the HRA or City may enter into a written assessment agreement in recordable form with the developer of property within the District which establishes a minimum market value of the land and completed improvements for the duration of the District. The assessment agreement shall be presented to the County Assessor who shall review the plans and specifications for the improvements to be constructed,review the market value previously assigned to the land upon which the improvements are to be constructed and,so long as the minimum market value contained in the assessment agreement appears, in the judgment of the assessor, to be a reasonable estimate, the County Assessor shall also certify the minimum market value agreement. Subsection 2-24. Administration of the District Administration of the District will be handled by the Community Development Director. Subsection 2-25.Annual Disclosure Requirements Pursuant to M.S., Section 469.175, Subds. 5, 6, and 6b the HRA or City must undertake financial reporting for all tax increment financing districts to the Office of the State Auditor,County Board and County Auditor on or before August 1 of each year. M.S., Section 469.175, Subd. 5 also provides that an annual statement shall be published in a newspaper of general circulation in the City on or before August 15. If the City fails to make a disclosure or submit a report containing the information required by M.S., Section 469.175 Subd. 5 and Subd. 6, the Office of the State Auditor will direct the County Auditor to withhold the distribution of tax increment from the District. Housing and Redevelopment Authority in and for the City of Eden Prairie Tax Increment Financing Plan for Tax Increment Financing District No.23:Trail Pointe Ridge 2-13 Subsection 2-26. Reasonable Expectations As required by the TIF Act,in establishing the District,the determination has been made that the anticipated development would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and that the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the District permitted by the TIF Plan. In making said determination, reliance has been placed upon written representation made by the developer to such effects and upon HRA and City staff review and study of the feasibility of developing the project site(s)within the District. A comparative analysis of estimated market values both with and without establishment of the District and the use of tax increments has been performed as described above. Such analysis is included with the cashflow in Appendix D, and indicates that the increase in estimated market value of the proposed development (less the indicated subtractions) exceeds the estimated market value of the site absent the establishment of the District and the use of tax increments. Subsection 2-27. Other Limitations on the Use of Tax Increment 1. General Limitations. All revenue derived from tax increment shall be used in accordance with the TIF Plan. The revenues shall be used to finance, or otherwise pay public redevelopment costs of the Redevelopment Project Area No. 5 pursuant to M.S., Sections 469.001 to 469.047. Tax increments may not be used to circumvent existing levy limit law. No tax increment may be used for the acquisition, construction,renovation,operation,or maintenance of a building to be used primarily and regularly for conducting the business of a municipality,county,school district,or any other local unit of government or the state or federal government. This provision does not prohibit the use of revenues derived from tax increments for the construction or renovation of a parking structure. 2. Housing District Exceptions to Restriction on Pooling; Five Year Limit. Pursuant to M.S., Section 469.1763, (1)At least 80% of revenues derived from tax increments paid by properties in the District must be expended on Public Costs incurred within said district,and up to 20%of said tax increments may be spent on public costs incurred outside of the District but within Redevelopment Project Area No. 5; provided that in the case of a housing district, a housing project, as defined in M.S., Section 469.174, Subd. 11, is deemed to be an activity in the District, even if the expenditure occurred after five years. Subsection 2-28. Summary The Housing and Redevelopment Authority in and for the City of Eden Prairie is establishing the District to provide an impetus for residential development and provide safe and decent life cycle housing in the City. Housing and Redevelopment Authority in and for the City of Eden Prairie Tax Increment Financing Plan for Tax Increment Financing District No.23:Trail Pointe Ridge 2-14 Appendix A Project Description Trail Pointe Ridge is a workforce housing community located on approximately 1.95 acres at 16397 Glory Lane in Eden Prairie. The project will consist of 58 units, built 4-stories above precast plank with an underground garage including a mix of 1-bedroom,2-bedroom,and 3-bedroom units ranging from 700 square feet to 1,125 square feet. 90%of these homes will have rents attainable for middle income workers. Amenities of the property include community space with a kitchenette,computer lab,outdoor play area for children and teens, on-site property management, supportive services with dedicated office space,bicycle storage,underground parking, and accessible access to the Minnesota River Bluffs regional trail. At least 40% of the units will be affordable to households at or below 60% of the area median income. It is anticipated that the project will be financed with a pay-as-you-go note and interfund loan. Appendix A-1 Appendix B Map of Redevelopment Project Area No. 5 and the District Appendix B-1 'Im i6r _ o LL— = Minnetonka --I-h 15d--- N _ i IMMi lii "/IIIIIWIII r�,/AI'v _ i _miiiIIIIIMr,j �,`- m - -- s - ....._ _- - .-.. _ //}' 44 ,(7 iil %417,,,)I/ pPIP / Ail : • ..''' '''''..): -C91 *...--`.. / ,;:-.:.1.. ':- 494 ., , :,..._ 4, ,„. ,,,,„„ ar c I i 9614 �/ ir w Edlna 4.. aa�%tuba � i � � a 'g .u.. lb� w 11111 :II arm 41 � r r. .,4 _,...4 ..i. , .. . -;/ A de ellii II ,. IIP ;./j/i A , .0 .-'-rl„,„.-4-a...ii.i-,i=7._.i--.l-==.T-,-,..,.-,,-.=,-.. . _'_--..'... .-.- 4:II=B.- r---M--I- •-17-./"0-_V_____'' .---..,,,..'—'--___ ar.--- ,I t,, _e t ,.,. - )Hk--N4140_1 .--- : 1149 - . i _ ,ILJ 4. 1 1 - -- , IV.- am i ASO• • r /1111 f �► r - ' FT - i ) sp....i.m.114)", I + :'1 •., _. ' , ' 1 . _� _,. ' �, - ' a top It ` . .i J � y '` . - Bloomington ..‘.. re ri, 4 • .... ... . „ .----,..______. Ins ( c_xy _ 1 ___.... ,- : ./11,, i,1 f ;,"1' / r ., ,,,,., --.., ._ „,.., •.).„:_,„....-.:...,,t_i,:._.....:., ,,_. f, ----- - - ir, ,, ,,,..., „ .,ri,.,./ .1:...,iiv . "41111%11111F Staring Lakeak Legend I..* ....... %W._ , tI.li f k 114 11 TIF District#23-Trail Pointe Ridge Expanded Boundary of Tif Redev. Project Area#5 I fla,::-.-. lira .4tv` Y„ 1.4,-:-•:±-... di t • TIF Redevelopment Project Area#5 )a) 1""+mum r-- TIF Housing District - 2019 Appendix C Description of Property to be Included in the District The District encompasses all property and adjacent rights-of-way and abutting roadways identified by the parcel listed below. Parcel Number Address Owner 17-116-22-14-0087 16397 Glory Lane R.L.M. Appendix C-1 Appendix D Estimated Cash Flow for the District Appendix D-1 2/21/2019 Base Value Assumptions - Page 1 it EHLERS LEADERS IN PUBLIC FINANCE Trail Pointe Ridge City of Eden Prairie, MN 58 Mixed-Income Rental Units ASSUMPTIONS AND RATES DistrictType: Housing Tax Rates District Name/Number: County District#: Exempt Class Rate (Exempt) 0.00% First Year Construction or Inflation on Value 2019 Commercial Industrial Preferred Class Rate (C/I Pref.) Existing District - Specify No. Years Remaining First $150,000 1.50% Inflation Rate- Every Year: 3.00% Over $150,000 2.00% Interest Rate: 4.00% Commercial Industrial Class Rate (C/I) 2.00% Present Value Date: 1-Aug-20 Rental Housing Class Rate (Rental) 1.25% First Period Ending 1-Feb-21 Affordable Rental Housing Class Rate (Aff. Rental) Tax Year District was Certified: Pay 2019 First $121,000 0.75% Cashflow Assumes First Tax Increment For Development: 2021 Over $121,000 0.25% Years of Tax Increment 26 Non-Homestead Residential (Non-H Res. 1 Unit) Assumes Last Year of Tax Increment 2046 First $500,000 1.00% Fiscal Disparities Election [Outside (A), Inside (B), or NA] Inside(B) Over $500,000 1.25% Incremental or Total Fiscal Disparities Incremental Homestead Residential Class Rate (Hmstd. Res.) Fiscal Disparities Contribution Ratio 36.6102% Prelim. Pay 2019 First $500,000 1.00% Fiscal Disparities Metro-Wide Tax Rate 143.9920% Prelim. Pay 2019 Over $500,000 1.25% Maximum/Frozen Local Tax Rate: 105.742% Prelim. Pay 2019 Agricultural Non-Homestead 1.00% Current Local Tax Rate: (Use lesser of Current or Max.) 105.742% Prelim. Pay 2019 State-wide Tax Rate (Comm./Ind. only used for total taxes) 41.0000% Prelim. Pay 2019 Market Value Tax Rate (Used for total taxes) 0.22938% Prelim. Pay 2019 S.D. 272; w/s 4 BASE VALUE INFORMATION (Original Tax Capacity) Building Total Percentage Tax Year Property Current Class After Land Market Market Of Value Used Original Original Tax Original After Conversion Area/ Map ID PID Owner Address Market Value Value Value for District Market Value Market Value Class Tax Capacity Conversion Orig. Tax Cap. Phase 17-116-22-14-0087 R.L.M 16397 Glory La 1,144,000 0 1,144,000 100% 1,144,000 Pay2019 Exempt - Aff. Rental 8,580 17-116-22-14-0087 R.L.M 16397 Glory La 132,000 0 132,000 100% 132,000 Pay 2019 Exempt - Rental 1,650 1,276,000 0 10,230 Note: 1. Base values are per discussions with the City assesor and assume 22,000 per unit. Prepared by Ehlers&Associates, Inc.-Estimates Only N:\Minnsota\Eden Prairie\Housing-Economic-Redevelopment\TIF\TIF Districts\TIF 23-Trail Pointe Ridge\TIF Plan Run 2/21/2019 Base Value Assumptions - Page 2 6,.. EHLERS LEADERS IN PUBLIC FINANCE Trail Pointe Ridge City of Eden Prairie, MN 58 Mixed-Income Rental Units PROJECT INFORMATION (Project Tax Capacity) Estimated Taxable Total Taxable Property Percentage Percentage Percentage Percentage First Year Market Value Market Value Total Market Tax Project Project Tax Completed Completed Completed Completed Full Taxes Area/Phase New Use Per Sq. Ft./Unit Per Sq. Ft./Unit Sq. Ft./Units Value Class Tax Capacity Capacity/Unit 2019 2020 2021 2022 Payable Aff. Rental 195,000 195,000 52 10,140,000 Aff. Rental 56,810 1,093 25% 100% 100% 100% 2022 Rental 195,000 195,000 6 1,170,000 Rental 14,625 2,438 25% 100% 100% 100% 2022 TOTAL 11,310,000 71,435 Subtotal Residential 58 11,310,000 71,435 1Subtotal Commercial/Ind. 0 0 0 Note: 1. Market values are based upon estimates from the City Assessor on 6-4-2018 TAX CALCULATIONS Total Fiscal Local Local Fiscal State-wide Market Tax Disparities Tax Property Disparities Property Value Total Taxes Per New Use Capacity Tax Capacity Capacity Taxes Taxes Taxes Taxes Taxes Sq. Ft./Unit Aff. Rental 56,810 0 56,810 60,072 0 0 23,259 83,331 1,602.52 Rental 14,625 0 14,625 15,465 0 0 2,684 18,149 3,024.75 TOTAL 71,435 0 71,435 75,537 0 0 25,943 101,480 Note: 1. Taxes and tax increment will vary significantly from year to year depending upon values, rates, state law, fiscal disparities and other factors which cannot be predicted. WHAT IS EXCLUDED FROM TIF? Total Property Taxes 101,480 less State-wide Taxes 0 less Fiscal Disp. Adj. 0 less Market Value Taxes (25,943) less Base Value Taxes (10,817) Annual Gross TIF 64,719 Prepared by Ehlers&Associates, Inc.-Estimates Only N:\Minnsota\Eden Prairie\Housing-Economic-Redevelopment\TIF\TIF Districts\TIF 23-Trail Pointe Ridge\TIF Plan Run 2/21/2019 Tax Increment Cashflow- Page 3 Ilk git EHLERS LEADERS IN PUBLIC FINANCE Trail Pointe Ridge City of Eden Prairie, MN 58 Mixed-Income Rental Units TAX INCREMENT CASH FLOW Project Original Fiscal Captured Local Annual Semi-Annual State Admin. Semi-Annual Semi-Annual PERIOD % of Tax Tax Disparities Tax Tax Gross Tax Gross Tax Auditor at Net Tax Present ENDING Tax Payment OTC Capacity Capacity Incremental Capacity Rate Increment Increment 0.36% 20% Increment Value Yrs. Year Date - - - - 02/01/21 100% 17,859 (10,230) - 7,629 105.742% 8,067 4,033 (15) (804) 3,215 3,090 0.5 2021 08/01/21 4,033 (15) (804) 3,215 6,120 1 2021 02/01/22 100% 71,435 (10,230) - 61,205 105.742% 64,719 32,360 (116) (6,449) 25,795 29,950 1.5 2022 08/01/22 32,360 (116) (6,449) 25,795 53,313 2 2022 02/01/23 100% 73,578 (10,230) - 63,348 105.742% 66,985 33,493 (121) (6,674) 26,698 77,020 2.5 2023 08/01/23 33,493 (121) (6,674) 26,698 100,262 3 2023 02/01/24 100% 75,785 (10,230) - 65,555 105.742% 69,320 34,660 (125) (6,907) 27,628 123,842 3.5 2024 08/01/24 34,660 (125) (6,907) 27,628 146,960 4 2024 02/01/25 100% 78,059 (10,230) - 67,829 105.742% 71,724 35,862 (129) (7,147) 28,586 170,411 4.5 2025 08/01/25 35,862 (129) (7,147) 28,586 193,401 5 2025 02/01/26 100% 80,401 (10,230) - 70,171 105.742% 74,200 37,100 (134) (7,393) 29,573 216,720 5.5 2026 08/01/26 37,100 (134) (7,393) 29,573 239,581 6 2026 02/01/27 100% 82,813 (10,230) - 72,583 105.742% 76,750 38,375 (138) (7,647) 30,590 262,764 6.5 2027 08/01/27 38,375 (138) (7,647) 30,590 285,492 7 2027 02/01/28 100% 85,297 (10,230) - 75,067 105.742% 79,377 39,689 (143) (7,909) 31,637 308,538 7.5 2028 08/01/28 39,689 (143) (7,909) 31,637 331,132 8 2028 02/01/29 100% 87,856 (10,230) - 77,626 105.742% 82,083 41,042 (148) (8,179) 32,715 354,037 8.5 2029 08/01/29 41,042 (148) (8,179) 32,715 376,494 9 2029 02/01/30 100% 90,492 (10,230) - 80,262 105.742% 84,870 42,435 (153) (8,456) 33,826 399,258 9.5 2030 08/01/30 42,435 (153) (8,456) 33,826 421,576 10 2030 02/01/31 100% 93,206 (10,230) - 82,976 105.742% 87,741 43,870 (158) (8,743) 34,970 444,196 10.5 2031 08/01/31 43,870 (158) (8,743) 34,970 466,372 11 2031 02/01/32 100% 96,003 (10,230) - 85,773 105.742% 90,698 45,349 (163) (9,037) 36,148 488,846 11.5 2032 08/01/32 45,349 (163) (9,037) 36,148 510,880 12 2032 02/01/33 100% 98,883 (10,230) - 88,653 105.742% 93,743 46,872 (169) (9,341) 37,362 533,207 12.5 2033 08/01/33 46,872 (169) (9,341) 37,362 555,096 13 2033 02/01/34 100% 101,849 (10,230) - 91,619 105.742% 96,880 48,440 (174) (9,653) 38,612 577,274 13.5 2034 08/01/34 48,440 (174) (9,653) 38,612 599,017 14 2034 02/01/35 100% 104,905 (10,230) - 94,675 105.742% 100,111 50,055 (180) (9,975) 39,900 621,045 14.5 2035 08/01/35 50,055 (180) (9,975) 39,900 642,641 15 2035 02/01/36 100% 108,052 (10,230) - 97,822 105.742% 103,439 51,719 (186) (10,307) 41,227 664,517 15.5 2036 08/01/36 51,719 (186) (10,307) 41,227 685,964 16 2036 02/01/37 100% 111,293 (10,230) - 101,063 105.742% 106,866 53,433 (192) (10,648) 42,593 707,688 16.5 2037 08/01/37 53,433 (192) (10,648) 42,593 728,985 17 2037 02/01/38 100% 114,632 (10,230) - 104,402 105.742% 110,397 55,198 (199) (11,000) 44,000 750,555 17.5 2038 08/01/38 55,198 (199) (11,000) 44,000 771,702 18 2038 02/01/39 100% 118,071 (10,230) - 107,841 105.742% 114,033 57,017 (205) (11,362) 45,449 793,117 18.5 2039 08/01/39 57,017 (205) (11,362) 45,449 814,112 19 2039 02/01/40 100% 121,613 (10,230) - 111,383 105.742% 117,779 58,889 (212) (11,735) 46,942 835,372 19.5 2040 08/01/40 58,889 (212) (11,735) 46,942 856,214 20 2040 02/01/41 100% 125,262 (10,230) - 115,032 105.742% 121,637 60,818 (219) (12,120) 48,480 877,318 20.5 2041 08/01/41 60,818 (219) (12,120) 48,480 898,007 21 2041 02/01/42 100% 129,020 (10,230) - 118,790 105.742% 125,610 62,805 (226) (12,516) 50,063 918,954 21.5 2042 08/01/42 62,805 (226) (12,516) 50,063 939,489 22 2042 02/01/43 100% 132,890 (10,230) - 122,660 105.742% 129,703 64,852 (233) (12,924) 51,695 960,279 22.5 2043 08/01/43 64,852 (233) (12,924) 51,695 980,660 23 2043 02/01/44 100% 136,877 (10,230) - 126,647 105.742% 133,919 66,959 (241) (13,344) 53,375 1,001,291 23.5 2044 08/01/44 66,959 (241) (13,344) 53,375 1,021,518 24 2044 02/01/45 100% 140,983 (10,230) - 130,753 105.742% 138,261 69,130 (249) (13,776) 55,105 1,041,991 24.5 2045 08/01/45 69,130 (249) (13,776) 55,105 1,062,063 25 2045 02/01/46 100% 145,213 (10,230) - 134,982.6470 105.742% 142,733.35 71,367 (257) (14,222) 56,888 1,082,378 25.5 2046 08/01/46 71,367 (257) (14,222) 56,888 1,102,294 26 2046 02/01/47 Total 2,491,648 (8,970) (496,536) 1,986,142 Present Value From 08/01/2020 Present Value Rate 4.00% 1,382,846 (4,978) (275,574) 1,102,294 Prepared by Ehlers&Associates, Inc.-Estimates Only N:\Minnsota\Eden Prairie\Housing-Economic-Redevelopment\TIF\TIF Districts\TIF 23-Trail Pointe Ridge\TIF Plan Run Appendix E Housing Qualifications for the District Income Restrictions-Adjusted for Family Size (Housing District)-Hennepin County • Hennepin County Median Income: $94,300 No. of Persons 50%of Median Income 60%of Median Income 1-person $33,050, $39,660 2-person $37,750 $45,300 3-person $42,450 $50,940 4-person $47,150 $56,580 Source: Department of Housing and Urban Development and Minnesota Housing Finance Agency The two options for income limits on a standard housing district are 20% of the units at 50% of median income or 40%of the units at 60%of median income. There are no rent restrictions for a housing district. ***PLEASE NOTE: THESE NUMBERS ARE ADJUSTED ANNUALLY. ALL INCOME FIGURES REPORTED ON THIS PAGE ARE FOR 2018. UPDATED NUMBERS FOR THE YEAR 2019 WILL BE AVAILABLE IN MARCH. Appendix E-1 Appendix F Findings for the District The reasons and facts supporting the findings for the adoption of the Tax Increment Financing Plan for Tax Increment Financing District No.23: Trail Pointe Ridge, as required pursuant to Minnesota Statutes, Section 469.175, Subdivision 3 are as follows: 1. Finding that Tax Increment Financing District No.23: Trail Pointe Ridge is a housing district as defined in M.S., Section 469.174, Subd. 11. TIF District No. 23: Trail Pointe Ridge consists of one parcel. The development will consist of approximately 58 apartment units. A portion of the housing units will receive tax increment assistance and will meet income restrictions described in M.S. 469.1761. At least 40 percent of the units (24 apartments) receiving assistance will have incomes at or below 60 percent of statewide median income. Appendix E of the TIF Plan contains background for the above finding. 2. Finding that the proposed development, in the opinion of the City Council, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future. The proposed development, in the opinion of the City, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future: This finding is supported by the fact that the development proposed in this plan contains affordable, workforce housing units that meet the City's objectives for development. The cost of land acquisition, site and public improvements and construction makes this housing development infeasible without City assistance. The cost of land acquisition and construction are the same for workforce housing units as they are for market rate projects. The decreased rental income from the affordable units, means there is less cash flow available to service the operating and debt expenses for the project. The leaves a gap in funding for the project. The need to offset this reduction in rents for the workforce housing units makes this housing development feasible only through assistance, in part, from tax increment financing. The developer was asked for and provided a letter and a pro forma as justification that the project would not have gone forward without tax increment assistance. The increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the TIF District permitted by the TIF Plan: This finding is justified on the grounds that the costs of acquisition, building demolition, site improvements, utility improvements and construction of affordable housing add to the total development cost. Historically, the costs of site and public improvements, as well as high market rate rents in the City have made development of affordable housing infeasible without tax increment assistance. Although other projects could potentially be proposed, the City reasonably determines that no other redevelopment of similar scope providing the desired affordability can be anticipated on this site without substantially similar assistance being provided to the development. Appendix F-1 3. Finding that the TIF Plan for Tax Increment Financing District No. 23: Trail Pointe Ridge conforms to the general plan for the development or redevelopment of the municipality as a whole. The City Council finds that the TIF Plan conforms to the general development plan of the City. The TIF Plan is consistent with amendments approved by the City Council to the Comprehensive Guide Plan and zoning. 4. Finding that the TIF Plan for Tax Increment Financing District No. 23: Trail Pointe Ridge will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development or redevelopment of Redevelopment Project Area No. 5 by private enterprise. The project to be assisted by the District will result in diversified housing opportunities and increased employment and increased tax base in the City and the State of Minnesota, and the addition of a high-quality development to the City. Appendix F-2 AGENDA CITY OF EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY,APRIL 2, 2019 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS: Chair Ron Case, Members Brad Aho, Kathy Nelson, Mark Freiberg, and PG Narayanan CITY STAFF: City Manager Rick Getschow, Community Development Director Janet Jeremiah, City Attorney Ric Rosow, City Planner Julie Klima, Finance Director Sue Kotchevar and Recorder Jan Curielli I. ROLL CALL /CALL THE HRA MEETING TO ORDER II. APPROVE MINUTES OF HRA MEETING HELD ON DECEMBER 4, 2018 III. APPROVE MINUTES OF HRA MEETING HELD ON JANUARY 8, 2019 IV. ADOPT RESOLUTION MODIFYING THE REDEVELOPMENT PLAN FOR PROJECT AREA NO. 5,ESTABLISHING TAX INCREMENT FINANCING DISTRICT NO. 23,AND ADOPTING A TAX INCREMENT PLAN V. ADOPT RESOLUTION AUTHORIZING AN INTERFUND LOAN FOR ADVANCE OF CERTAIN COSTS IN CONNECTION WITH TAX INCREMENT FINANCING DISTRICT NO. 23 VI. ADJOURNMENT UNAPPROVED MINUTES HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY,DECEMBER 4, 2018 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS: Chair Nancy Tyra- Lukens, Council Members Brad Aho, Ron Case, and Kathy Nelson CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Finance Director Sue Kotchevar, Parks and Recreation Director Jay Lotthammer, Community Development Director Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Jan Curielli I. ROLL CALL /CALL THE HRA MEETING TO ORDER Chair Tyra-Lukens called the meeting to order at 7:01 PM. All Council Members were present. II. APPROVE MINUTES OF HRA MEETING HELD ON SEPTEMBER 4, 2018 MOTION: Nelson moved, seconded by Case, to approve the minutes of the HRA meeting held September 4, 2018. Motion carried 4-0. III. ADOPT RESOLUTION NO. HRA 2018-03 CERTIFYING THE 2019 PROPERTY TAX LEVY TO BE $200,000 AND APPROVING THE 2019 HRA BUDGET OF $200,000 AS REVIEWED BY THE COUNCIL Getschow said this is the same amount as the preliminary budget set by the Council in September. The budgeted amount of$200,000 meets the needs and costs of the Housing and Redevelopment. MOTION: Case moved, seconded by Nelson, to adopt Resolution No. HRA 2018-03 certifying the 2019 HRA property tax levy to be $200,000 and approving the 2019 HRA budget of$200,000 as reviewed by the Council. Case recalled last year the Council said we should consider increasing this amount at some point. He knew that we have tremendous needs for affordable housing. There are different ways to go about subsidizing or incentivizing, and this might be a fund that we could consider and study in the coming year. Getschow said we have TIF funds and other accounts available that we can use to leverage for affordable housing. This is one of those sources, and staff will work on reviewing the sources in 2019. VOTE ON THE MOTION: Motion carried 4-0. HRA MINUTES December 4,2018 Page 2 IV. ADOPT RESOLUTION NO. HRA 2018-04 APPROVING THE MODIFIED BUDGET FOR TAX INCREMENT FINANCING DISTRICT NO. 18 Getschow said this is a housekeeping item to modify the budget for TIF District 18 that will also be a public hearing on the Council agenda. There is a need to adjust the budget within this project pursuant to State Auditor requirements. MOTION: Nelson moved, seconded by Aho, to adopt Resolution No. HRA 2018-04 approving the modified budget for Tax Increment Financing District No. 18 (Heights at Valley View Apartment Project). Motion carried 4-0. IV. ADJOURNMENT MOTION: Aho moved, seconded by Case, to adjourn the HRA meeting. Motion carried 4-0. Chair Tyra-Lukens adjourned the HRA meeting at 7:05 PM. UNAPPROVED MINUTES HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY,JANUARY 8, 2019 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS: Chair Ron Case, Council Members Brad Aho, Mark Freiberg, and Kathy Nelson CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Finance Director Sue Kotchevar, Parks and Recreation Director Jay Lotthammer, Community Development Director Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Jan Curielli I. ROLL CALL /CALL THE HRA MEETING TO ORDER Chair Case called the meeting to order at 7:10 PM. All Council Members were present. II. ADOPT RESOLUTION HRA NO. 2019-01 APPROVING THE DECERTIFICATION OF EDEN PRAIRIE TAX INCREMENT FINANCING DISTRICT NO. 18 Getschow said action needs to be taken to decertify Tax Increment Financing (TIF) District No. 18. MOTION: Aho moved, seconded by Nelson, to adopt Resolution HRA No. 2019-01 approving the decertification of Tax Increment Financing District No. 18 of the Housing and Redevelopment Authority. Motion carried 4-0. III. ADJOURNMENT MOTION: Aho moved, seconded by Freiberg, to adjourn the HRA meeting. Motion carried 4-0. Chair Case adjourned the HRA meeting at 7:12 PM. HOUSING AND REDEVELOPMENT DATE: AUTHORITY AGENDA April 2, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/ Adopt resolution modifying the IV. Janet Jeremiah/Jonathan Redevelopment Plan for Redevelopment Stanley Project Area No. 5, Establishing Tax Increment Financing District 23, and Adopting a Tax Increment Plan Requested Action Move to: Adopt the resolution requesting a modification to the Redevelopment Plan for Redevelopment Project Area No. 5, establishing Tax Increment Financing District No. 23: Trail Pointe Ridge therein, and adopting a Tax Increment Financing Plan therefor. Synopsis TIF District 23: Trail Pointe Ridge is being created to support the Trail Pointe Ridge development, a 58-unit mixed-income apartment complex to be built, owned, and operated by non-profit CommonBond Communities as part of the larger Smith Village project. The Tax Increment Financing to be provided through District 23 will allow deep income targeting and will support a substantial number of larger(2 and 3 bedroom) affordable units needed in Eden Prairie. Background Information Upon a finding by the Eden Prairie HRA that it is in the public interest and will help fulfill a need to develop an area of the State of Minnesota for affordable and high-quality housing, adoption of this resolution will also approve the Redevelopment Plan Modification, consistent with the sound needs for the City as a whole. The Plans will afford maximum opportunity for the development or redevelopment of the Project Area by private enterprise in that the intent is to provide only that public assistance necessary to the make the private development financially feasible. Upon approval of the Plans by the City Council, the staff, the HRA's advisors and legal counsel are authorized and directed to proceed with the implementation of the Plans and for this purpose to negotiate, draft, prepare and present to this Board for its consideration all further plans, resolutions, documents and contracts necessary for this purpose. Approval of the Plans does not constitute approval of any project or a Development Agreement with any developer. Attachments Resolution HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, STATE OF MINNESOTA H.R.A. RESOLUTION NO. 2019- _ RESOLUTION ADOPTING A MODIFICATION TO THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT AREA NO. 5, ESTABLISHING TAX INCREMENT FINANCING DISTRICT NO. 23: TRAIL POINTE RIDGE THEREIN, AND ADOPTING A TAX INCREMENT FINANCING PLAN THEREFOR WHEREAS, it has been proposed by the Board of Commissioners (the "Board") of the Housing and Redevelopment Authority in and for the City of Eden Prairie (the "HRA") and the City of Eden Prairie (the "City") that the HRA adopt a Modification to the Redevelopment Plan (the "Redevelopment Plan Modification") for Redevelopment Project Area No. 5 (the "Project Area") and establish Tax Increment Financing District No. 23: Trail Pointe Ridge (the "District") and adopt a Tax Increment Financing Plan (the "TIF Plan") therefor (the Redevelopment Plan Modification and the TIF Plan are referred to collectively herein as the "Plans"), all pursuant to and in conformity with applicable law,including Minnesota Statutes, Sections 469.001 to 469.047, and Sections 469.174 to 469.1794, inclusive, as amended(the "Act"), all as reflected in the Plans and presented for the Board's consideration; and WHEREAS, the HRA has investigated the facts relating to the Plans and has caused the Plans to be prepared; and WHEREAS, the HRA has performed all actions required by law to be performed prior to the adoption of the Plans. The City Council has also held a public hearing on April 2, 2019, on the Plans upon published notice as required by law. NOW, THEREFORE, BE IT RESOLVED by the Board as follows: 1. The HRA hereby finds that the District is in the public interest and is a "housing district" under Minnesota Statutes, Section 469.174, Subd. 11, and finds that the adoption of the proposed Plans conforms in all respects to the requirements of the Act and will help fulfill a need to develop an area of the State of Minnesota for affordable and high-quality housing. 2. The HRA further finds that the Plans will afford maximum opportunity, consistent with the sound needs for the City as a whole, for the development or redevelopment of the Project Area by private enterprise in that the intent is to provide only that public assistance necessary to make the private developments financially feasible. 3. The boundaries of the Project Area are being expanded to include the area of the District. 4. The reasons and facts supporting the findings in this resolution are described in the Plans and are attached here to as Exhibit A. 5. The HRA elects to calculate fiscal disparities for the District in accordance with Minnesota Statutes, Section 469.177, Subd. 3,clause b,which means the fiscal disparities contribution would be taken from inside the District. 6. Conditioned upon the approval thereof by the City Council following the April 2, 2019, public hearing thereon, the Plans, as presented to the HRA on this date, are hereby approved, established and adopted and shall be placed on file in the office of the Executive Director of the HRA. 7. Upon approval of the Plans by the City Council, the staff, the HRA's advisors and legal counsel are authorized and directed to proceed with the implementation of the Plans and for this purpose to negotiate, draft, prepare and present to this Board for its consideration all further plans,resolutions,documents and contracts necessary for this purpose.Approval of the Plans does not constitute approval of any project or a Development Agreement with any developer. 8. Upon approval of the Plans by the City Council, the Executive Director of the HRA is authorized and directed to forward a copy of the Plans to the Minnesota Department of Revenue and the Office of the State Auditor pursuant to Minnesota Statutes 469.175, Subd. 4a. 9. The Executive Director of the HRA is authorized and directed to forward a copy of the Plans to the Hennepin County Auditor and request that the Auditor certify the original tax capacity of the District as described in the Plans, all in accordance with Minnesota Statutes 469.177. Approved by the Board on April 2, 2019. Ronald A. Case, Mayor ATTEST: Rick Getschow, Executive Director EXHIBIT A The reasons and facts supporting the findings for the adoption of the Tax Increment Financing Plan for Tax Increment Financing District No. 23: Trail Pointe Ridge, as required pursuant to Minnesota Statutes, Section 469.175, Subdivision 3 are as follows: 1. Finding that Tax Increment Financing District No. 23: Trail Pointe Ridge is a housing district as defined in M.S., Section 469.174, Subd. 11. TIF District No. 23: Trail Pointe Ridge consists of one parcel. The development will consist of approximately 58 apartment units. A portion of the housing units will receive tax increment assistance and will meet income restrictions described in M.S. 469.1761. At least 40 percent of the units (24 apartments) receiving assistance will have incomes at or below 60 percent of statewide median income. Appendix E of the TIF Plan contains background for the above finding. 2. Finding that the proposed development, in the opinion of the HRA, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future. The proposed development, in the opinion of the HRA, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future: This finding is supported by the fact that the development proposed in this plan contains affordable, workforce housing units that meet the City's objectives for development. The cost of land acquisition, site and public improvements and construction makes this housing development infeasible without City assistance. The cost of land acquisition and construction are the same for workforce housing units as they are for market rate projects. The decreased rental income from the affordable units, means there is less cash flow available to service the operating and debt expenses for the project. The leaves a gap in funding for the project. The need to offset this reduction in rents for the workforce housing units makes this housing development feasible only through assistance, in part, from tax increment financing. The developer was asked for and provided a letter and a pro forma as justification that the project would not have gone forward without tax increment assistance. The increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the TIF District permitted by the TIF Plan: This finding is justified on the grounds that the costs of acquisition, building demolition, site improvements,utility improvements and construction of affordable housing add to the total development cost. Historically, the costs of site and public improvements, as well as high market rate rents in the City have made development of affordable housing infeasible without tax increment assistance. Although other projects could potentially be proposed, the HRA reasonably determines that no other redevelopment of similar scope providing the desired affordability can be anticipated on this site without substantially similar assistance being provided to the development. 3. Finding that the TIF Plan for Tax Increment Financing District No. 23: Trail Pointe Ridge conforms to the general plan for the development or redevelopment of the municipality as a whole. The HRA finds that the TIF Plan conforms to the general development plan of the City. The TIF Plan is consistent with amendments approved by the City Council to the Comprehensive Guide Plan and zoning. 4. Finding that the TIF Plan for Tax Increment Financing District No. 23: Trail Pointe Ridge will afford maximum opportunity, consistent with the sound needs of the City as a whole,for the development or redevelopment of Redevelopment Project Area No. 5 by private enterprise. The project to be assisted by the District will result in diversified housing opportunities and increased employment and increased tax base in the City and the State of Minnesota, and the addition of a high-quality development to the City. HOUSING AND REDEVELOPMENT DATE: AUTHORITY AGENDA April 2, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/ Authorize Interfund Loan for advance of V. Janet Jeremiah/Jonathan costs in connection with Tax Increment Stanley Finance District 23: Trail Pointe Ridge Requested Action Move to: Adopt the resolution authorizing an Interfund Loan for advance of certain costs in connection with Tax Increment Financing District no. 23: Trail Pointe Ridge Synopsis The HRA has heretofore approved the establishment of Tax Increment Financing District No. 23: Trail Pointe Ridge within Redevelopment Area No. 5 and has adopted a Tax Increment Financing Plan for the purpose of financing certain improvements within the Project. The HRA is authorized to use tax increment to pay for certain costs identified in the TIF plan including interest and administrative costs which may be financed on a temporary basis from HRA funds available for such purposes. The HRA intends to reimburse itself for Qualified Costs from tax increments derived from the TIF District in accordance with the terms of the resolution (which terms are referred collectively as the "Interfund Loan"). Background Information The HRA will hereby authorize the advance of up to $30,000 from the HRA Fund or so much thereof as may be paid as Qualified Costs. The HRA shall reimburse itself for such advances together with interest at the rates stated below. Interest accrues on the principal amount from the date of each advance. The interest rate shall be 5% and will not fluctuate. Principal and interest on the Interfund Loan shall be paid semi-annually on August 1 and February 1, commencing on the first payment date on which the Authority has Available Tax Increment, or on any other dates determined by the Executive Director. Payment on the Interfund Loan is payable solely from Available Tax Increment. Payments may be subordinated to any outstanding or future bonds, notes or contracts secured in whole or in part with Available Tax Increment and are on parity with any other outstanding or future interfund loans secured in whole or in part with Available Tax Increment. The principal sum and all accrued interest payable under the Interfund Loan are repayable in whole or in part at any time and without premium or penalty. The Interfund Loan is evidence of an internal borrowing by HRA in accordance with Minnesota Statutes, Section 469.178, Subd. 7, and is a limited obligation payable solely from Available Tax Increment pledged under the resolution. The Interfund Loan shall not be deemed to constitute a general obligation of the State of Minnesota or any political subdivision, thereof, including, without limitation, HRA or the City of Eden Prairie. The HRA shall have no obligation to pay any principal amount of the Interfund Loan or accrued interest thereon, which may remain unpaid after the final Payment Date. The HRA may amend the terms of the Interfund Loan at any time by resolution of the Board, including a determination to forgive the outstanding principal amount and accrued interest to the extent permissible under law. Attachment Resolution HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, STATE OF MINNESOTA H.R.A. RESOLUTION NO. 2019- _ RESOLUTION AUTHORIZING AN INTERFUND LOAN FOR ADVANCE OF CERTAIN COSTS IN CONNECTION WITH TAX INCREMENT FINANCING DISTRICT NO. 23: TRAIL POINTE RIDGE BE IT RESOLVED by the Board of Commissioners (the "Board") of the Housing and Redevelopment Authority in and for the City of Eden Prairie (the "HRA") as follows: Section 1. Background. 1.01. The HRA has heretofore approved the establishment of Tax Increment Financing District No. 23: Trail Pointe Ridge (the "TIF District") within Redevelopment Project Area No. 5 (the "Project") and has adopted a Tax Increment Financing Plan (the "TIF Plan") for the purpose of financing certain improvements within the Project. 1.02. The HRA is authorized to use tax increment to pay for certain costs identified in the TIF Plan consisting of land/building acquisition, site improvements/preparation/demolition,public utilities, streets and sidewalks, other qualified improvements, interest and administrative costs (collectively,the "Qualified Costs"),which costs may be financed on a temporary basis from HRA funds available for such purposes. 1.03. Under Minnesota Statutes, Section 469.178, Subd. 7, the HRA is authorized to advance or loan money from any fund from which such advances may be legally authorized, in order to finance the Qualified Costs. 1.04. The HRA intends to reimburse itself for the Qualified Costs from tax increments derived from the TIF District in accordance with the terms of this resolution (which terms are referred to collectively as the "Interfund Loan"). Section 2. Terms of Interfund Loan. 2.01. The HRA hereby authorizes the advance of up to $30,000 from the HRA Fund or so much thereof as may be paid as Qualified Costs. The HRA shall reimburse itself for such advances together with interest at the rate stated below. Interest accrues on the principal amount from the date of each advance. The maximum rate of interest permitted to be charged is limited to the greater of the rates specified under Minnesota Statutes, Section 270C.40 or Section 549.09 as of the date the loan or advance is authorized, unless the written agreement states that the maximum interest rate will fluctuate as the interest rates specified under Minnesota Statutes, Section 270C.40 or Section 549.09 are from time to time adjusted. The interest rate shall be 5% and will not fluctuate. 2.02. Principal and interest ("Payments") on the Interfund Loan shall be paid semi- annually on each August 1 and February 1 (each a "Payment Date"), commencing on the first Payment Date on which the Authority has Available Tax Increment (defined below), or on any other dates determined by the Executive Director through the date of last receipt of tax increment from the TIF District. 2.03. Payments on this Interfund Loan are payable solely from"Available Tax Increment," which shall mean,on each Payment Date,tax increment available after other obligations have been paid, or as determined by the Executive Director, generated in the preceding six (6) months with respect to the property within the TIF District and remitted to the HRA by Hennepin County, all in accordance with Minnesota Statutes, Sections 469.174 to 469.1794, all inclusive, as amended. Payments on this Interfund Loan may be subordinated to any outstanding or future bonds, notes or contracts secured in whole or in part with Available Tax Increment and are on parity with any other outstanding or future interfund loans secured in whole or in part with Available Tax Increment. 2.04. The principal sum and all accrued interest payable under this Interfund Loan are pre- payable in whole or in part at any time by HRA without premium or penalty. No partial prepayment shall affect the amount or timing of any other regular payment otherwise required to be made under this Interfund Loan. 2.05. This Interfund Loan is evidence of an internal borrowing by HRA in accordance with Minnesota Statutes, Section 469.178, Subd. 7, and is a limited obligation payable solely from Available Tax Increment pledged to the payment hereof under this resolution. This Interfund Loan and the interest hereon shall not be deemed to constitute a general obligation of the State of Minnesota or any political subdivision thereof, including, without limitation, HRA or the City of Eden Prairie. Neither the State of Minnesota, nor any political subdivision thereof shall be obligated to pay the principal of or interest on this Interfund Loan or other costs incident hereto except out of Available Tax Increment, and neither the full faith and credit nor the taxing power of the State of Minnesota or any political subdivision thereof is pledged to the payment of the principal of or interest on this Interfund Loan or other costs incident hereto. The HRA shall have no obligation to pay any principal amount of the Interfund Loan or accrued interest thereon,which may remain unpaid after the final Payment Date. 2.06. The HRA may amend the terms of this Interfund Loan at any time by resolution of the Board, including a determination to forgive the outstanding principal amount and accrued interest to the extent permissible under law. Section 3. Effective Date. This resolution is effective upon the date of its approval. Dated: April 2, 2019 Ronald A. Case, Mayor ATTEST: Rick Getschow, Executive Director (Seal) CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims April 2, 2019 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 266560 - 266854 Wire Transfers 1022213 - 1022330 Wire Transfers 7018 - 7035 Purchasing Card 7035 City of Eden Prairie Council Check Summary 4/2/2019 Division Amount Division Amount General 23,222 304 Senior Board 235 100 City Manager 145 308 E-911 81 101 Legislative 5,973 502 Park Development 136,310 102 Legal Counsel 50,117 509 CIP Fund 184 110 City Clerk 990 522 Improvement Projects 2006 80,413 111 Customer Service 1,388 532 EP Road Connect Flying Cloud 1,963 112 Human Resources 743 536 General LRT 52,528 113 Communications 5,211 538 SingleTree Lane South 15,957 114 Benefits&Training 2,955 802 494 Commuter Services 28,779 130 Assessing 8,344 804 100 Year History 361 131 Finance 7,008 Total Capital Projects Fund 316,811 132 Housing and Community Services 75 133 Planning 35,821 601 Prairie Village Liquor 127,359 136 Public Safety Communications 18,688 602 Den Road Liquor 261,523 137 Economic Development 455 603 Prairie View Liquor 165,948 151 Park Maintenance 8,690 605 Den Road Building 22,380 153 Organized Athletics 621 701 Water Enterprise Fund 256,292 154 Community Center 18,543 702 Wastewater Enterprise Fund 765,002 156 Youth Programs 4,096 703 Stormwater Enterprise Fund 291 157 Special Events 25 Total Enterprise Fund 1,598,795 158 Senior Center 4,070 159 Recreation Administration 18,129 803 Escrow Fund 9,404 160 Therapeutic Recreation 47 806 SAC Agency Fund 44,730 162 Arts 1,617 807 Benefits Fund 809,908 163 Outdoor Center -3 811 Property Insurance 2,780 168 Arts Center 541 812 Fleet Internal Service 244,597 180 Police Sworn 84,801 813 IT Internal Service 103,840 184 Fire 28,903 814 Facilities Capital ISF 27,870 200 Engineering 600 815 Facilites Operating ISF 68,011 201 Street Maintenance 55,699 816 Facilites City Center ISF 117,983 202 Street Lighting 23,473 817 Facilites Comm.Center ISF 108,280 Total General Fund 410,987 Total Internal Svc/Agency Funds 1,537,404 301 CDBG 3,995 Report Total 3,874,079 303 Cemetary Operation 743 312 Recycle Rebate 5,344 Total Special Revenue Fund 10,082 City of Eden Prairie Council Check Register by GL 4/2/2019 Check# Amount Supplier/Explanation Account Description Business Unit Comments 266792 743,599 METROPOLITAN COUNCIL ENVIRONMENTAL SERVI MCES User Fee Wasterwater Collection Wastewater Fee March/April 2019 266754 275,923 HEALTHPARTNERS Accounts Receivable Health and Benefits Premiums April 2019 7028 257,440 ULTIMATE SOFTWARE GROUP,THE Federal Taxes Withheld Health and Benefits Payroll taxes PR ending 03.16.19 7026 173,408 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR ending 03.01.19 1022330 145,263 ZIEGLER INC Machinery&Equipment Fleet-Park&Rec New loader#414 1022246 115,470 PRAIRIE ELECTRIC COMPANY Contract Svcs-Ice Rink Park Acquisition&Development Aquatic LED lights and misc repair 7023 105,365 MINNESOTA DEPT OF REVENUE Sales Tax Payable Historical Culture Sales Tax Feb 2019 1022286 88,329 ADVANCED ENGINEERING&ENVIRONMENTAL SE Design&Engineering Water Capital 1022329 86,061 XCEL ENERGY Electric General Community Center 266771 85,370 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 1022299 53,588 GREGERSON ROSOW JOHNSON&NILAN LTD Legal Rehab 266773 52,500 JONES LANG LASALLE MULTIFAMILY LLC Right of Way&Easement Improvement Projects 2006 266620 52,404 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 1022305 48,751 LOGIS Network Support IT Operating 7035 45,649 USB-PURCHASING CARD Other Revenue Utility Operations-General 266829 44,697 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 266634 44,283 METROPOLITAN COUNCIL Other Revenue SAC Agency Fund 1022222 38,385 GREENSIDE INC Contract Svcs-Snow Removal Fire Station#1 266791 36,028 METRO TRANSIT Design&Engineering General LRT 266839 35,914 ULTIMATE SOFTWARE GROUP,THE Ultimate(prey.Ceridian) IT Operating 266723 35,000 CORNERSTONE ADVOCACY SERVICE Other Contracted Services Police Sworn 1022284 33,044 WSB&ASSOCIATES INC Design&Engineering IT Operating 266797 31,885 MINNESOTA DEPT OF HEALTH Licenses,Taxes,Fees Utility Operations-General 266694 31,779 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Den Road Liquor Store 266693 30,570 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Den Road Liquor Store 1022240 29,557 DIVERSE BUILDING MAINTENANCE Janitor Service Prairie Village Liquor Store 266614 29,177 HOUSEAL LAVIGNE ASSOCIATES Other Contracted Services Planning 1022239 28,947 CENTERPOINT ENERGY Gas Prairie View Liquor Store 266700 28,813 CARGILL INC Salt Snow&Ice Control 266563 28,183 ABM ONSITE SERVICES-MIDWEST Janitor Service City Center-CAM 1022294 28,166 DIVERSE BUILDING MAINTENANCE Cleaning Supplies Prairie Village Liquor Store 266641 27,593 NAC Other Contracted Services Pool Maintenance 7029 25,496 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 266841 25,301 VALLEY RICH CO INC Equipment Repair&Maint Water Distribution 7030 24,709 EMPOWER Deferred Compensation Health and Benefits 266731 21,802 DSO ARCHITECTURE INC Other Contracted Services Park Acquisition&Development 1022255 20,081 XCEL ENERGY Electric Street Lighting 266575 19,436 BOLTON&MENK INC Design&Engineering Improvement Projects 2006 266770 19,372 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store 266760 17,944 HOUSE OF PRINT Printing Community Brochure 266720 17,798 COMPASS MINERALS AMERICA,INC Salt Snow&Ice Control 266820 17,155 REHBEIN'S AGRICULTURAL SERVICES Lime Residual Removal Water Treatment 266813 17,151 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 266660 16,890 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 266616 16,500 INTEGRA REALTY RESOURCES-MPLS/ST.PAUL Other Contracted Services General LRT Check# Amount Supplier/Explanation Account Description Business Unit Comments 266844 16,323 VIDEOTRONIX INC Equipment Repair&Maint Public Safety Communications 266630 15,781 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 266699 15,748 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 266653 15,138 RECON ROBOTICS Capital Under$25,000 Police Sworn 266784 15,038 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 7034 14,926 LIFE INSURANCE COMPANY OF NORTH AMERICA Life Insurance EE/ER Health and Benefits 1022271 14,358 GREENSIDE INC Contract Svcs-Snow Removal City Center-CAM 266750 14,043 GRAYMONT Treatment Chemicals Water Treatment 1022235 14,006 A-SCAPE INC Contract Svcs-Snow Removal Building 51 266724 13,152 CRYSTEEL TRUCK EQUIPMENT Autos Fleet-Public Works 7032 13,051 FURTHER-AKA SELECT HSA-Employer Health and Benefits 266768 12,750 J.H.CALLAHAN AND ASSOCIATES Other Contracted Services Den Road Building 266582 12,722 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 266578 12,400 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Den Road Liquor Store 266618 12,347 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store 7025 12,074 I-494 CORRIDOR COMMISSION Payroll-ExecutiveDirector 494 Corridor Commission 266577 11,886 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Den Road Liquor Store 7017 11,036 FURTHER-AKA SELECT HSA-Employee Health and Benefits 266599 9,870 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Autos Fleet Operating 266567 9,792 APPLIED CONCEPTS,INC. Capital Under$25,000 Police Sworn 266644 9,637 NORTH STAR PUMP SERVICE Equipment Repair&Maint Wastewater Lift Station 266608 9,281 GRAYMONT Treatment Chemicals Water Treatment 266683 9,135 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 266591 8,276 CORNERHOUSE Other Contracted Services Police Sworn 1022293 7,750 CENTERPOINT ENERGY Gas Den Road Liquor Store 1022288 7,672 A-SCAPE INC Contract Svcs-Snow Removal Building 51 1022290 7,102 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 266651 7,015 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 266705 6,500 CLIFTONLARSONALLEN LLP Audit&Financial Finance 266848 6,411 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 266704 5,982 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store 266604 5,838 FIRST MINNETONKA CITY BANK Retention Program 494 Corridor Commission 1022312 5,818 PRAIRIE ELECTRIC COMPANY Equipment Repair&Maint Maintenance Facility 266761 5,809 HOUSEAL LAVIGNE ASSOCIATES Other Contracted Services Planning 1022267 5,711 CLAREY'S SAFETY EQUIPMENT Equipment Repair&Maint Fleet Operating 7019 5,527 FURTHER-AKA SELECT FSA-Dependent Care Health and Benefits 266812 5,482 PAUSTIS&SONS COMPANY Liquor Product Received Den Road Liquor Store 266745 5,344 FOTH INFRASTRUCTURE&ENVIRONMENT LLC Other Contracted Services Recycle Rebate 266749 5,175 GRAPE BEGINNINGS Liquor Product Received Prairie View Liquor Store 266752 5,124 H&L MESABI Equipment Parts Fleet Operating 1022281 5,081 VAN PAPER COMPANY Cleaning Supplies City Hall(City Cost) 266685 5,055 ASPEN MILLS Clothing&Uniforms Fire 266759 5,042 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 266642 5,000 NATIONAL RESEARCH CENTER INC Other Contracted Services City Council 266842 4,864 VERIZON WIRELESS Cell/Pager Plans IT Operating 1022283 4,807 VINOCOPIA Liquor Product Received Den Road Liquor Store 1022304 4,745 LITTLE FALLS MACHINE INC Equipment Repair&Maint Fleet Operating 266814 4,672 POSTMASTER Postage Communications 266732 4,670 DYNAMIC IMAGING SYSTEMS INC Software Maintenance IT Operating 266766 4,640 INTERTECH INC Software IT Capital Check# Amount Supplier/Explanation Account Description Business Unit Comments 1022256 4,536 ZIEGLER INC Equipment Parts Water Treatment 266633 4,482 METERING&TECHNOLOGY SOLUTIONS Merchandise for Resale Water Metering 1022296 4,350 ELECTRIC PUMP Equipment Repair&Maint Wastewater Lift Station 266689 4,295 BERNICK'S WINE Liquor Product Received Den Road Liquor Store 266671 4,282 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 266646 4,089 OFFICE TEAM Wages No Benefits 494 Corridor Commission 1022232 4,042 VAN PAPER COMPANY Cleaning Supplies City Center-Tenant Cost 1022317 3,920 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Supply(Wells) 266672 3,920 XCEL ENERGY Reimburse-legal notices Escrow 266569 3,783 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 266818 3,710 RAY N WELTER HEATING Other Contracted Services Rehab 1022252 3,701 TWIN CITY HARDWARE Contract Svcs-General Bldg Arts Center 1022236 3,662 ASPEN WASTE SYSTEMS INC. Waste Disposal Fire Station#3 266666 3,649 TRUE BRANDS Liquor Product Received Prairie Village Liquor Store 1022302 3,639 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance 266640 3,600 MUELLER CO Repair&Maint. Supplies Water Metering 1022237 3,575 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 266676 3,540 IMPACT PROVEN SOLUTIONS Other Contracted Services Water Conservation 266632 3,500 MESSERLI&KRAMER Legal 494 Corridor Commission 266613 3,492 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 266560 3,253 3D SPECIALTIES Operating Supplies City Center-CAM 266670 3,233 VERIZON WIRELESS Data Plans-Police IT Operating 1022327 3,135 WINE COMPANY,THE Liquor Product Received Den Road Liquor Store 7024 3,082 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 266637 3,030 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Lake 7033 3,022 FURTHER-AKA SELECT FSA-Medical Health and Benefits 266592 2,454 DALCO Janitor Service City Center-CAM 1022307 2,439 METRO SALES INCORPORATED* Equipment Rentals IT Operating 266610 2,262 GREEN ACRES LLC Operating Supplies-Dept Events Fire 266626 2,244 LAW ENFORCEMENT LABOR SERVICES INC. Union Dues Withheld Health and Benefits 266807 2,222 NEGOCE LLC Liquor Product Received Den Road Liquor Store 266764 2,217 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 1022274 2,168 MPX GROUP,THE Printing Senior Center Admin 266850 2,150 XTREME INTEGRATION Hardware-Cabling IT Operating 266697 2,088 BTR OF MINNESOTA Equipment Parts Fleet Operating 266606 2,076 GADDIS INC Equipment Parts Water Treatment 266744 2,058 FIRE SAFETY USA INC Equipment Repair&Maint Fleet Operating 266751 2,054 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Prairie View Liquor Store 1022301 1,996 HANSEN THORP PELLINEN OLSON Design&Engineering Capital Maint.&Reinvestment 266779 1,991 LUBE-TECH ESI Small Tools Fleet Operating 266684 1,935 ARVIG Fiber Lease Payments IT Operating 266794 1,900 MILL CITY METAL WORKS Equipment Repair&Maint Water Distribution 266612 1,869 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police Sworn 1022285 1,863 YOUNGSTEDTS COLLISION CENTER Equipment Repair&Maint Fleet Operating 1022218 1,859 CUSTOM HOSE TECH Equipment Parts Fleet Operating 1022249 1,856 TAB PRODUCTS CO LLC Supplies-General Bldg City Hall(City Cost) 266755 1,833 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police Sworn 266564 1,809 AIRGAS USA LLC Supplies-Pool Pool Maintenance 266787 1,800 MARTIN-MCALLISTER Training Supplies Organizational Services 266629 1,760 M&A EXECUTIVE SEARCH LLC Conference/Training Fire Check# Amount Supplier/Explanation Account Description Business Unit Comments 266688 1,751 BAUER,PETER Insurance Property Insurance 266609 1,708 GREAT LAKES COCA-COLA DISTRIBUTION Merchandise for Resale Concessions 266650 1,659 PAUSTIS&SONS COMPANY Liquor Product Received Den Road Liquor Store 1022306 1,617 MENARDS Building Materials Water Treatment 266835 1,613 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 266581 1,500 BUENZ ADAM Right of Way&Easement EP Rd Connect to Flying Cloud 266585 1,474 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 1022268 1,455 CUSTOM HOSE TECH Equipment Parts Fleet Operating 1022325 1,442 WALL TRENDS INC Contract Svcs-General Bldg Park Shelters 266774 1,390 KERBER TILE,MARBLE&STONE INC Contract Svcs-Pool Pool Maintenance 1022234 1,390 WSB&ASSOCIATES INC Design&Engineering Improvement Projects 2006 266625 1,352 LANO EQUIPMENT INC Equipment Parts Fleet Operating 1022272 1,334 LYNDALE PLANT SERVICES Contract Svcs-Int.Landscape City Center-CAM 1022308 1,331 MINNESOTA EQUIPMENT Equipment Parts Fleet Operating 1022298 1,321 GRAINGER Equipment Repair&Maint Fitness/Conference-Cmty Ctr 266572 1,319 BARNA,GUZY&STEFFEN,LTD Legal Legal Council 266740 1,310 EMPLOYER SOLUTIONS STAFFING Wages No Benefits 494 Corridor Commission 266746 1,290 GENERAL OFFICE PRODUCTS COMPANY Supplies-General Bldg City Hall(City Cost) 266827 1,253 SMALL LOT MN Liquor Product Received Den Road Liquor Store 266679 1,246 56 BREWING LLC Liquor Product Received Prairie View Liquor Store 266753 1,220 HARRIS COMPANIES Equipment Repair&Maint Utility Operations-General 266622 1,196 KODIAK CUSTOM LETTERING INC Clothing&Uniforms Fitness Center 266571 1,175 AT YOUTH PROGRAMS LLC Instructor Service Tennis 266776 1,171 LANO EQUIPMENT INC Equipment Parts Fleet Operating 266691 1,154 BOUND TREE MEDICAL LLC EMS Supplies-Oxygen Supplies Fire 266696 1,148 BROTHERS FIRE PROTECTION Contract Svcs-Fire/Life/Safe Pool Maintenance 266624 1,147 LAKE COUNTRY DOOR LLC Contract Svcs-General Bldg Maintenance Facility 266663 1,141 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 266690 1,134 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store 7031 1,123 FURTHER-AKA SELECT Other Contracted Services Health and Benefits 266573 1,086 BERNICK'S WINE Liquor Product Received Den Road Liquor Store 266682 1,085 ALTEC INDUSTRIES INC Equipment Parts Fleet Operating 1022251 1,084 TOWMASTER INC Equipment Parts Fleet Operating 266589 1,080 CONQUER EDEN PRAIRIE Instructor Service Lesson Skills Development 266565 1,067 ALLIED GENERATORS Contract Svcs-Fire/Life/Safe General Community Center 266823 1,053 ROTO ROOTER SERVICES COMPANY Contract Svcs-Plumbing Maintenance Facility 1022328 1,048 WM MUELLER AND SONS INC Gravel Water Distribution 1022243 1,047 INTERSTATE POWER SYSTEMS INC Equipment Repair&Maint Water Treatment 1022319 1,040 STREICHERS Clothing&Uniforms Police Sworn 1022275 1,040 NEW PIG CORPORATION Supplies-General Bldg City Center-CAM 266777 1,030 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 1022260 1,010 ALBERT,MICHAEL Travel Expense Water Treatment 1022316 986 SPS COMPANIES Supplies-HVAC Water Treatment 1022270 978 FASTENAL COMPANY Equipment Parts Fleet Operating 266584 975 CINTAS CORPORATION Safety Supplies Den Road Liquor Store 266655 957 SAFETY SIGNS Equipment Repair&Maint Water Distribution 266765 945 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits 266817 927 PRYES BREWING COMPANY Liquor Product Received Prairie View Liquor Store 266617 914 I-STATE TRUCK CENTER Equipment Parts Fleet Operating 266594 888 DOMACE VINO Liquor Product Received Den Road Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Comments 1022315 888 RENDERS INC Operating Supplies Park Maintenance 266603 884 FIRE SAFETY USA INC Equipment Parts Fleet Operating 1022326 873 WATSON CO INC,THE Merchandise for Resale Concessions 266596 864 EAU CLAIRE BREWING PROJECT THE LLC Liquor Product Received Den Road Liquor Store 266757 849 HENNEPIN COUNTY UT DEPT Equipment Repair&Maint Public Safety Communications 266782 847 MAAS,PAM AR Utility Water Enterprise Fund 1022282 846 VANDENBERGHE,MARK Travel Expense Public Safety Communications 1022324 841 VISTAR CORPORATION Merchandise for Resale Concessions 1022233 840 VINOCOPIA Liquor Product Received Den Road Liquor Store 266623 838 KRIS ENGINEERING INC Equipment Parts Fleet Operating 1022227 829 R&R SPECIALTIES OF WISCONSIN INC Contract Svcs-Ice Rink Ice Arena Maintenance 266673 798 XIGENT SOLUTIONS LLC Other Contracted Services IT Capital 1022261 784 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Fire 266706 780 COLLIERS ARCHITECTURE,LLC Other Contracted Services Facilities Capital 266590 759 CORE&MAIN Equipment Parts Water Distribution 266579 734 BRYAN ROCK PRODUCTS INC Gravel Water Distribution 1022219 727 FASTENAL COMPANY Operating Supplies Fleet Operating 266726 725 D H EXCAVATING Other Contracted Services Pleasant Hill Cemetery 266580 718 BTR OF MINNESOTA Equipment Parts Fleet Operating 1022291 707 BIFFS INC Waste Disposal Purgatory Creek Park 266619 703 JOHN HENRY FOSTER MINNESOTA INC Maintenance Contracts Water Treatment 266570 690 ASPEN MILLS Clothing&Uniforms Fire 266600 680 EMPLOYER SOLUTIONS STAFFING Wages No Benefits 494 Corridor Commission 1022254 667 WATSON CO INC,THE Merchandise for Resale Concessions 266781 660 M&A EXECUTIVE SEARCH LLC Conference/Training Fire 266834 647 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 266831 647 STAPLES ADVANTAGE Office Supplies Utility Operations-General 266742 646 FASTSIGNS Small Tools Fire 1022263 632 BERRY COFFEE COMPANY Merchandise for Resale Concessions 266769 625 JERRY'S ENTERPRISES INC Deposits Escrow 266809 624 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire 266729 612 DOMACE VINO Liquor Product Received Prairie Village Liquor Store 266796 600 MINNESOTA DEPARTMENT OF HEALTH Licenses,Taxes,Fees Water Capital 266819 600 REACH Licenses,Taxes,Fees Ice Operations 1022278 567 R&R SPECIALTIES OF WISCONSIN INC Repair&Maint-Ice Rink Ice Arena Maintenance 266602 566 FASTSIGNS Small Tools Fire 266583 563 CENTURYLINK Internet IT Operating 1022297 556 GARTNER REFRIGERATION&MFG INC Contract Svcs-Ice Rink Ice Arena Maintenance 266654 555 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie Village Liquor Store 266597 550 EDEN PRAIRIE CHAMBER OF COMMERCE Miscellaneous Stormwater Non-Capital 266733 547 E A SWEEN COMPANY Merchandise for Resale Concessions 1022230 543 THE OASIS GROUP Employee Assistance Organizational Services 266607 535 GRAPE BEGINNINGS Liquor Product Received Den Road Liquor Store 266799 532 MINNESOTA DEPT OF PUBLIC SAFETY Miscellaneous Organizational Services 266743 531 FIRE ENGINEERING MAGAZINE Dues&Sub-Magazine etc Fire 266778 527 LES MILLS UNITED STATES TRADING INC Licenses,Taxes,Fees Fitness Classes 1022245 526 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 1022226 516 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 1022303 515 IDENTISYS Equipment Repair&Maint Public Safety Communications 266833 510 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Comments 266675 500 EMPLOYER SOLUTIONS STAFFING Wages No Benefits 494 Corridor Commission 266824 495 SHAKOPEE BREWHALL Liquor Product Received Den Road Liquor Store 266775 484 KIESLER POLICE SUPPLY INC. Training Supplies Police Sworn 266678 482 PETTY CASH-POLICE DEPT Operating Supplies Police Sworn 266628 478 LUBE TECH LIQUID RECYCLING Equipment Testing/Cert. Fleet Operating 1022292 477 BOYER TRUCKS Equipment Parts Fleet Operating 266788 475 MATTS AUTO SERVICE INC Equipment Repair&Maint Fleet Operating 266793 475 MIDWEST SAFETY COUNSELORS INC Conference/Training Utility Operations-General 7018 468 PMA FINANCIAL NETWORK INC Bank and Service Charges Wastewater Accounting 266574 448 BLOOMINGTON SECURITY SOLUTIONS Supplies-Security City Hall(City Cost) 1022287 447 AMERITRAK Other Contracted Services Snow&Ice Control 266846 444 VORTEX OPTICS Operating Supplies Police Sworn 1022242 430 GRAINGER Supplies-Fire/Life/Safety General Community Center 266661 430 STAPLES ADVANTAGE Office Supplies Customer Service 266811 425 PAPER ROLL PRODUCTS Printers-Accessories IT Operating 266804 421 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store 1022300 420 H M CRAGG CO Contract Svcs-Fire/Life/Safe General Community Center 1022214 413 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Den Road Liquor Store 266638 407 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store 266627 400 LEDIN NICOLAS Conference/Training Fire 1022313 397 PREMIUM WATERS INC Operating Supplies-Water Fire 1022311 396 PARLEY LAKE WINERY Liquor Product Received Prairie View Liquor Store 266738 395 EDINA CHAMBER OF COMMERCE Dues&Subscriptions 494 Corridor Commission 1022216 388 CHEMSEARCH Contract Svcs-Ice Rink Ice Arena Maintenance 266747 384 GITCH GEAR LLC Liquor Product Received Prairie View Liquor Store 266756 382 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Waste Disposal Fleet Operating 266780 378 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store 266783 378 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Operating 266728 376 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 1022244 373 MENARDS Small Tools Street Maintenance 1022269 365 ESBENSEN,GEORGE Deposits Escrow 266664 361 THREE RIVERS PARK DISTRICT Other Contracted Services Skating Rinks/Warming Houses 1022257 352 BERRY COFFEE COMPANY Merchandise for Resale Concessions 266566 350 ALTEC INDUSTRIES INC Equipment Parts Snow&Ice Control 266727 347 DISCOUNT STEEL INC Equipment Parts Fleet Operating 1022250 347 TOTAL FILTRATION SERVICES INC Supplies-Plumbing City Center-CAM 1022221 345 GREATAMERICA FINANCIAL SVCS Postage Customer Service 1022320 338 TWIN CITY HARDWARE Supplies-General Bldg Fitness/Conference-Cmty Ctr 266763 337 INBOUND BREW CO Liquor Product Received Den Road Liquor Store 266631 336 MATTS AUTO SERVICE INC Equipment Repair&Maint Fleet Operating 266568 325 ARCPOINT LABS OF EDEN PRAIRIE Employment Support Test Organizational Services 266686 307 AUTOWASH SYSTEMS INC Equipment Repair&Maint Fleet Operating 266635 300 MINNESOTA DEPARTMENT OF PUBLIC SAFETY Licenses,Taxes,Fees Water Treatment 266853 300 COMMISSIONER OF TRANSPORTATION Conference/Training Engineering 266854 300 COMMISSIONER OF TRANSPORTATION Conference/Training Engineering 266659 296 SNAP-ON TOOLS Small Tools Fleet Operating 1022295 289 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits 266657 287 SHAKOPEE BREWHALL Liquor Product Received Prairie View Liquor Store 266621 282 JOHNSON CONTROLS Contract Svcs-HVAC Pool Maintenance 1022273 277 METROPOLITAN FORD Equipment Parts Fleet Operating Check# Amount Supplier/Explanation Account Description Business Unit Comments 266658 268 SIR KNIGHT CLEANERS Clothing&Uniforms Fire 266826 255 SIGNSOURCE Advertising Winter Theatre 266662 254 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 266741 252 ENKI BREWING COMPANY INC Liquor Product Received Den Road Liquor Store 266701 250 CENTURYLINK Internet IT Operating 266667 248 UNIVERSAL ATHLETIC SERVICES INC Awards Volleyball 266721 247 CONTINENTAL SAFETY EQUIPMENT Repair&Maint-Ice Rink Ice Arena Maintenance 266576 244 BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store 266687 242 BARTLEY SALES COMPANY INC Supplies-General Bldg Fitness/Conference-Cmty Ctr 266639 242 MOTOROLA SOLUTIONS INC Equipment Repair&Maint Public Safety Communications 266692 236 BOURGET IMPORTS Liquor Product Received Prairie View Liquor Store 266710 235 COMCAST Cable TV Fire 266593 232 DIRECTV Cable TV Community Center Admin 7021 231 VANCO SERVICES Bank and Service Charges Wastewater Accounting 266748 230 GOPHER STATE ONE-CALL OCS-Utility Locates Water Distribution 266611 228 HALDEMANN HOMME INC Software Maintenance IT Operating 1022248 228 STREICHERS Clothing&Uniforms Police Sworn 266735 223 EDEN PRAIRIE COMMUNITY EDUCATION Gym Rental Volleyball 1022321 218 ULINE Office Supplies Police Sworn 1022225 213 PORTA,KITTY Travel Expense City Clerk 266562 210 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 266805 210 MR CUTTING EDGE Repair&Maint-Ice Rink Ice Arena Maintenance 7027 199 ULTIMATE SOFTWARE GROUP,THE Garnishment Withheld Health and Benefits 266695 199 BRO-TEX INC Operating Supplies Fleet Operating 7022 195 OPTUM HEALTH Other Contracted Services Health and Benefits 1022228 192 RANDY'S ENVIRONMENTAL SERVICES Waste Disposal City Center-CAM 266711 190 COMCAST Internet IT Operating 266703 185 CINTAS CORPORATION Safety Supplies Community Center Admin 266825 185 SIGNSOURCE Printing Recreation Admin 1022223 184 GRINOLS MORGAN Mileage&Parking Water Treatment 266681 181 ABRA AUTO BODY&GLASS Equipment Repair&Maint Fleet Operating 266739 181 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Equipment Parts Fleet Operating 1022247 176 SPRINT Postage 494 Corridor Commission 266847 175 WARNING LITES Operating Supplies Traffic Signs 1022258 169 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Maintenance Facility 1022264 165 BORG,STEVE Mileage&Parking Water Treatment 266830 155 SOUTHWEST NEWS MEDIA Legal Notices Publishing City Clerk 1022217 155 CRANNY SARAH Mileage&Parking Customer Service 1022265 155 BUSINESS ESSENTIALS Office Supplies Utility Operations-General 266828 154 SNAP-ON TOOLS Small Tools Fleet Operating 1022318 150 STERICYCLE INC Other Contracted Services Police Sworn 266702 150 CHEF MARSHALL O'BRIEN GROUP Health&Fitness Fire 266772 150 JOHNSON LITHO GRAPHICS OF EAU CLAIRE LTD Printing Winter Theatre 1022323 150 USA SECURITY Maintenance Contracts Water Treatment 1022220 145 GETSCHOW,RICK Mileage&Parking Administration 266800 140 MINNESOTA FIRE SERVICE CERTIFICATION BOA Dues&Sub-Cert&Licensing Fire 266645 139 NUSS TRUCK GROUP INC Equipment Parts Fleet Operating 266719 133 COMMUNITY HEALTH CHARITIES OF MINNESOTA Charitable Contributions Health and Benefits 266810 130 PAPCO INC Janitor Service General Community Center 266785 122 MARS SUPPLY Small Tools Fleet Operating Check# Amount Supplier/Explanation Account Description Business Unit Comments 1022309 120 MN SUPPLY Equipment Repair&Maint Fleet Operating 266798 120 MINNESOTA DEPT OF LABOR AND INDUSTRY Licenses,Taxes,Fees General Community Center 266758 117 HENNEPIN COUNTY TREASURER Software Maintenance IT Operating 266708 116 COMCAST Cable TV Fire 1022276 113 PROSOURCE SUPPLY Cleaning Supplies Fitness/Conference-Cmty Ctr 266713 112 COMCAST Cable TV Fire 266816 112 PROP-DO NOT USE Charitable Contributions Health and Benefits 266836 112 TRANSUNION RISK&ALTERNATIVE DATA Other Contracted Services Police Sworn 266588 108 COMCAST Telephone 494 Corridor Commission 266789 108 MATTSON VICTORIA Tuition Reimbursement/School Fitness Classes 1022238 106 BOYER TRUCKS Equipment Parts Fleet Operating 266595 105 E A SWEEN COMPANY Merchandise for Resale Concessions 266851 104 EDEN PRAIRIE FOUNDATION Miscellaneous City Council 266656 103 SALAGE KYLE Travel Expense City Clerk 266649 100 PAPCO INC Janitor Service Fitness/Conference-Cmty Ctr 266767 99 J H LARSON COMPANY Operating Supplies Park Maintenance 266636 97 MINNESOTA TROPHIES&GIFTS Operating Supplies Volunteers 266601 95 ENKI BREWING COMPANY INC Liquor Product Received Den Road Liquor Store 266605 91 FIRST STATE TIRE RECYCLING Waste Disposal Fleet Operating 266845 88 VOLUNTEER FIREFIGHTERS BENEFIT ASSN OF M Dues&Subscriptions Fire 1022279 88 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie View Liquor Store 1022310 87 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 266680 87 ABLE SEEDHOUSE AND BREWERY Liquor Product Received Den Road Liquor Store 266715 86 COMCAST Internet IT Operating 266669 85 URBAN GROWLER BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 7020 82 MONEY MOVERS INC Other Contracted Services Community Center Admin 266717 81 COMCAST Equipment Repair&Maint E-911 Program 1022322 80 UPS Postage Historical Culture 266668 78 URBAN CHEMIST LLC Liquor Product Received Den Road Liquor Store 1022253 74 UPS Postage Police Sworn 1022259 74 ALBERS,JASON Travel Expense Fire 266808 71 OLSEN CHAIN&CABLE Equipment Parts Fleet Operating 266838 68 TUCKER DOUG Mileage&Parking Athletic Programs Admin 266837 65 TRI STATE BOBCAT INC. Equipment Parts Fleet Operating 1022213 64 AMERICAN SOLUTIONS FOR BUSINESS Operating Supplies Senior Board 266722 63 CORE&MAIN Repair&Maint. Supplies Park Maintenance 266665 60 TRANSLATION SERVICES Advertising 494 Corridor Commission 1022215 59 BARRIE SPENCER Clothing&Uniforms Police Sworn 1022314 59 PRIORITY COURIER EXPERTS Equipment Parts Fleet Operating 266598 53 EDGEWATER TITLE GROUP LLC AR Utility Water Enterprise Fund 266821 53 RIEMER,SARAH Operating Supplies Arts Center 266716 53 COMCAST Internet IT Operating 266615 50 INGBER KATE Rebates Water Conservation 266843 50 VERIZON WIRELESS-VSAT Other Contracted Services Police Sworn 1022289 50 ASPEN WASTE SYSTEMS INC. Waste Disposal Maintenance Facility 1022224 49 METROPOLITAN FORD Equipment Parts Fleet Operating 266801 48 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 266852 47 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits 266674 46 CULLIGAN BOTTLED WATER Miscellaneous 494 Corridor Commission 1022266 45 CARLSTON,BRANDON Office Supplies Police Sworn Check# Amount Supplier/Explanation Account Description Business Unit Comments 266714 45 COMCAST Cable TV Fire 266815 42 PRAIRIE LAWN AND GARDEN Equipment Repair&Maint Street Maintenance 266561 40 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 266806 32 NCPERS GROUP LIFE INSURANCE PERA Health and Benefits 266698 31 BURKE,DAN P&R Refunds Community Center Admin 266725 30 CUB FOODS EDEN PRAIRIE Operating Supplies Volunteers 266822 30 RIZZO CHLOE Operating Supplies Arts Center 1022231 30 TOLL GAS AND WELDING SUPPLY Operating Supplies Fleet Operating 266802 30 MINNESOTA TROPHIES&GIFTS Operating Supplies Police Sworn 1022241 29 FORCE AMERICA Equipment Parts Fleet Operating 266840 29 UNITED WAY Charitable Contributions Health and Benefits 266832 28 STATE OF MINNESOTA Licenses,Taxes,Fees Fleet Operating 266707 27 COMCAST Cable TV Fire 266849 26 WINSTEAD,LEO Operating Supplies Arts Center 1022262 21 BATTERIES PLUS Supplies-General Bldg City Center-CAM 266736 21 EDEN PRAIRIE CRIME PREVENTION FUND Charitable Contributions Health and Benefits 1022280 20 TOLL GAS AND WELDING SUPPLY Repair&Maint. Supplies Water Distribution 266734 20 EDEN PRAIRIE CHAMBER OF COMMERCE Miscellaneous Economic Development 266803 20 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Creek Woods 1022229 19 SPOK,INC. Cell/Pager Plans IT Operating 266587 16 COMCAST Cable TV Fire 266709 16 COMCAST Cable TV Fire 266795 15 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance IT Operating 1022277 12 QUALITY PROPANE Equipment Parts Fleet Operating 266790 11 MENDOZA,HERBERT P&R Refunds Community Center Admin 266648 10 OLSEN'S EMBROIDERY/COMPANY Clothing&Uniforms Street Maintenance 266786 9 MARTIN,JERRY P&R Refunds Community Center Admin 266730 7 DRIVER RECORDS Miscellaneous Organizational Services 266652 7 PILGRIM DRY CLEANERS INC Clothing&Uniforms Police Sworn 266586 7 COMCAST Cable TV Fire 266647 6 OLSEN CHAIN&CABLE Repair&Maint. Supplies Water Distribution 266643 3 NELSON,ROBIN Mileage&Parking 494 Corridor Commission 266712 2 COMCAST Other Contracted Services Police Sworn 3,874,079 Grand Total City of Eden Prairie Purchasing Card Payment Report 4/2/2019 Amount Explanation Account Description Business Unit 2,596 US-Jan 2019 Bldg Surchgs Building Surcharge General Fund 2,144 US-safety harness Safety Supplies Utility Operations-General 2,014 US-license Licenses, Taxes,Fees Pool Operations 1,153 US-tire chains Equipment Parts Fleet Operating 1,020 US-training-4 Conference/Training Utility Operations-General 885 US-training-3 Conference/Training Park Maintenance 873 US-license Licenses, Taxes, Fees Concessions 835 US-National planning conf-Klim Conference/Training Planning 826 US-water plant hvac Repair&Maint. Supplies Water Treatment 783 US-ipad mounts Office Supplies Utility Operations-General 758 US-Valentine Breakfast Operating Supplies Senior Center Programs 721 US-storm FIT Tuition Reimbursement/School Police Sworn 721 US-storm FIT Tuition Reimbursement/School Police Sworn 696 US-parts Repair&Maint. Supplies Water Treatment 610 US-SOTA conf-2 Tuition Reimbursement/School Police Sworn 607 US-FDIC registration Conference/Training Emergency Preparedness 536 US-flight Travel Expense Fire 528 US-monthly billing Other Contracted Services Community Center Admin 502 US-airfare Conference/Training Emergency Preparedness 500 US-set materials Operating Supplies Winter Theatre 498 US-street survival II-2 Tuition Reimbursement/School Police Sworn 495 US-fridge Office Supplies Utility Operations-General 495 US-ETI conf Conference/Training Police Sworn 490 US-salt/electrical supplies Chemicals Park Maintenance 480 US-initial certifications-6 Dues& Subscriptions Fire 476 US-SIM Masks Training Supplies Police Sworn 475 US-winter blast Operating Supplies Skating Rinks/Warming Houses 470 US-IACP conf Conference/Training Police Sworn 452 US-mail box repair Building Materials Street Maintenance 450 US-red hat trip Special Event Fees Red Hat 450 US-supervising investigations Tuition Reimbursement/School Police Sworn 435 US-IEDC membership Dues& Subscriptions Economic Development 430 US-Jan 2019 Bldg Surchgs Mechanical Surcharge General Fund 388 US-critter food Operating Supplies Outdoor Center 385 US-gateway fees Bank and Service Charges Den Road Liquor Store 380 US-replacement barbells Capital Under$25,000 Fitness Center 357 US-disney on ice tickets Special Event Fees Special Events&Trips Amount Explanation Account Description Business Unit 349 US-subscription renewal Dues& Subscriptions Communications 330 US-K Cox/B White Training Conference/Training Fire 320 US-MNIAAI conf Tuition Reimbursement/School Police Sworn 315 US-replacement tarps Repair&Maint. Supplies Fire 312 US-3 tv's and mounts-PD Miscellaneous Police Sworn 309 US-conf-Ruzek Conference/Training Human Resources 305 US-SOTA conf Tuition Reimbursement/School Police Sworn 305 US-SOTA conf Tuition Reimbursement/School Police Sworn 300 US-death invest conf-J Wilson Tuition Reimbursement/School Police Sworn 300 US-set materials Operating Supplies Winter Theatre 296 US-linked in ads Advertising Street Maintenance 290 US-ipad cases Office Supplies Utility Operations-General 290 US-B White Training Conference/Training Fire 290 US-K Cox Training Conference/Training Fire 290 US-B Kohl training Conference/Training Fire 288 US-recruit orientation Operating Supplies Fire 279 US-council food Miscellaneous City Council 275 US-MCFOA conf-Kyle Conference/Training City Clerk 275 US-MCFOA conf-Kitty Conference/Training City Clerk 266 US-desk reference Tuition Reimbursement/School Fire 255 US-school for Butch Tuition Reimbursement/School Utility Operations-General 251 US-adult art supplies Operating Supplies Arts Center 250 US-K Breunig trng Tuition Reimbursement/School Police Sworn 250 US-K Cederstrom trng Tuition Reimbursement/School Police Sworn 250 US-G Weber trng Tuition Reimbursement/School Police Sworn 250 US-M Sackett trng Tuition Reimbursement/School Police Sworn 250 US-J Irmiter trng Tuition Reimbursement/School Police Sworn 250 US-B Wyffels trng Tuition Reimbursement/School Police Sworn 249 US-street survival II Tuition Reimbursement/School Police Sworn 242 US-quartermaster Operating Supplies Police Sworn 235 US-CPO Cert for lead Conference/Training Aquatics Admin. 231 US-floor squegees Operating Supplies Fire 225 US-child safe registration Tuition Reimbursement/School Police Sworn 225 US-virtual conf-Suedbeck Conference/Training Human Resources 224 US-safety equip Safety Supplies Utility Operations-General 223 US-gateway fees Bank and Service Charges Prairie View Liquor Store 223 US-cpr trng Training Supplies Utility Operations-General 220 US-council food Miscellaneous City Council 219 US-training Conference/Training Fire 212 US-truck passports Operating Supplies Fire 209 US-membership Dues& Subscriptions Human Resources Amount Explanation Account Description Business Unit 207 US-Jan 2019 Bldg Surchgs Plumbing Surcharge General Fund 204 US-proshop vending Operating Supplies Ice Operations 200 US-coffee Operating Supplies Senior Center Admin 200 US-elec safety trng-Cole/Hamme Conference/Training Park Maintenance 199 US-pb supplies Operating Supplies Gymnasium(CC) 197 US-floor squegees Operating Supplies Fire 196 US-Fraud-B Luebke CC Deposits Escrow 196 US-upgrades for IT Computers IT Operating 195 US-shorts for guards Clothing&Uniforms Pool Operations 195 US-3 tv's and mounts-PD Miscellaneous Police Sworn 190 US-basketballs and raquets Operating Supplies Community Center Admin 187 US-council food-interviews Miscellaneous City Council 178 US-SWAT disp uniform Clothing&Uniforms Police Sworn 174 US-gateway fees Bank and Service Charges Prairie Village Liquor Store 172 US-office supplies/camp Operating Supplies Youth Programs Admin 162 US-supplies Operating Supplies Wine Club/Events 161 US-hard hats Safety Supplies Utility Operations-General 153 US-accessories for new 40 Training Supplies Police Sworn 150 US-B Chapin Fire School Conference/Training Fire 150 US-inspection stamps Operating Supplies Fire 149 US-suicide alertness Tuition Reimbursement/School Police Sworn 144 US-J Wilson lodging-death inve Tuition Reimbursement/School Police Sworn 137 US-parts Equipment Parts Fleet Operating 137 US-replacement tile-St 1 Repair&Maint. Supplies Fire Station#1 135 US-snow team Operating Supplies Street Maintenance 134 US-TN450 toner&DR420-LS3 Process Control Equipment IT Operating 130 US-SWAT disp uniform Clothing&Uniforms Police Sworn 129 US-auger repair Equipment Repair&Maint Fleet Operating 125 US-Cox membership Dues& Subscriptions Fire 125 US-h20 school Mike A Licenses, Taxes, Fees Utility Operations-General 125 US-B Kohl membership Dues& Subscriptions Fire 123 US-Pb game balls Operating Supplies Gymnasium(CC) 123 US-trailer lock for investigat Operating Supplies Fire 119 US-annual membership dues Dues& Subscriptions Police Sworn 117 US-rubber duckies Capital Under$25,000 Stormwater Non-Capital 116 US-proshop vending Operating Supplies Ice Operations 114 US-café food Merchandise for Resale Concessions 112 US-playing cards Operating Supplies Senior Board 111 US-range glasses Training Supplies Police Sworn 109 US-training Conference/Training Fire 109 US-ipad chargers Office Supplies Utility Operations-General Amount Explanation Account Description Business Unit 108 US-supplies Operating Supplies Community Center Admin 101 US-happy hour art supplies Operating Supplies Arts Center 100 US-hex bar fit floor Capital Under$25,000 Fitness Center 100 US-LTS badges and supplies Operating Supplies Ice Lessons 100 US-valentines breakfast-spring Operating Supplies Senior Center Programs 100 US-training-Sue Conference/Training Finance 100 US-Shannon training Conference/Training Finance 100 US-water in motion license Licenses, Taxes, Fees Fitness Classes 100 US-CFM practice exam Conference/Training Facilities Staff 100 US-nat'l membership fee-Svobod Dues& Subscriptions Fire 98 US-water blast Operating Supplies Skating Rinks/Warming Houses 95 US-daily supplies Operating Supplies Senior Center Admin 95 US-winter blast Operating Supplies Skating Rinks/Warming Houses 91 US-parts Equipment Parts Fleet Operating 90 US-quartermaster Operating Supplies Police Sworn 90 US-building signage Operating Supplies Community Center Admin 89 US-card printer Office Supplies Police Sworn 89 US-cloud data base Other Contracted Services Fire 87 US-supplies Operating Supplies Community Center Admin 85 US-replacement plugs Equipment Repair&Maint Pool Operations 85 US-power supply rm 110-EPCC Software/Hardware Maint. IT Operating 81 US-bank deposit bags Bank and Service Charges Prairie Village Liquor Store 81 US-bank deposit bags Bank and Service Charges Den Road Liquor Store 81 US-bank deposit bags Bank and Service Charges Prairie View Liquor Store 80 US-rags Repair&Maint. Supplies Water Distribution 75 US-refreshments for chain reac Miscellaneous Housing and Community Service 75 US-northern lights award entry Awards Communications 75 US-northern lights award entry Awards Communications 75 US-annual membership dues Dues& Subscriptions Police Sworn 75 US-MACIA symposium Tuition Reimbursement/School Police Sworn 75 US-HTCIA membership renewal Tuition Reimbursement/School Police Sworn 75 US-food for plow crew Operating Supplies Street Maintenance 72 US-lodging-death invest conf-D Tuition Reimbursement/School Police Sworn 72 US-death invest hotel-Wood Tuition Reimbursement/School Police Sworn 72 US-lodging-death investigation Tuition Reimbursement/School Police Sworn 70 US-art supplies Operating Supplies Arts Center 70 US-ice melt Repair&Maint. Supplies Utility Operations-General 69 US-kyle access class Miscellaneous City Clerk 67 US-shipping for equip Postage Water Treatment 65 US-café food Merchandise for Resale Concessions 64 US-ext cord/labels/heat gun Small Tools Emergency Preparedness Amount Explanation Account Description Business Unit 63 US-indoor tri medals Operating Supplies Fitness Center 63 US-external HD for disc images Computers IT Operating 63 US-gaff tape/supplies Operating Supplies Winter Theatre 62 US-costumes Clothing&Uniforms Winter Theatre 61 US-eye wash Safety Supplies Fleet Operating 61 US-critter food Operating Supplies Outdoor Center 61 US-cable Equipment Parts Fleet Operating 60 US-supplies Operating Supplies Fire 60 US-flushing boards Operating Supplies Water Distribution 60 US-CPO Cert for lead Conference/Training Aquatics Admin. 60 US-gift cards for broomball of Operating Supplies Broomball 59 US job boards Operating Supplies Youth Programs Admin 59 US-safety equip Safety Supplies Utility Operations-General 58 US-playcare supplies Operating Supplies Day Care 56 US job fair Operating Supplies Youth Programs Admin 55 US-state fair auditions ad Advertising Summer Theatre 55 US-café food Merchandise for Resale Concessions 55 US-W Lowe training Conference/Training Fire 54 US-boots Clothing&Uniforms Fire 53 US-parts Equipment Parts Fleet Operating 52 US-op supplies-café Operating Supplies Concessions 51 US-winter blast Operating Supplies Skating Rinks/Warming Houses 51 US-winter blast Operating Supplies Skating Rinks/Warming Houses 51 US-costumes Clothing&Uniforms Winter Theatre 50 US-Melville membership Dues& Subscriptions Finance 50 US-Robinson membership Dues& Subscriptions Finance 50 US-Kotchevar membership Dues& Subscriptions Finance 50 US-Wilson membership Dues& Subscriptions Finance 48 US-DP to VGA adaptors for TV's Computers IT Operating 47 US-Rink sound system Operating Supplies Ice Operations 47 US-PD records external HD Computers IT Operating 47 US-café food Merchandise for Resale Concessions 45 US-food/cookies/paper plates Operating Supplies Park Maintenance 45 US-squad supply/uniform Operating Supplies Police Sworn 45 US-medical supplies Operating Supplies Police Sworn 44 US-money bags Operating Supplies Community Center Admin 44 US-clock Operating Supplies Senior Board 43 US-playcare books Operating Supplies Day Care 41 US-net/pb parts Operating Supplies Gymnasium(CC) 41 US-taxi Travel Expense Fleet Operating 40 US-program supplies Operating Supplies Outdoor Center Amount Explanation Account Description Business Unit 40 US-NAFA auto show meeting Conference/Training Fleet Operating 40 US-subscription renewal Dues& Subscriptions Communications 40 US-supplies Operating Supplies Community Center Admin 40 US-café food Merchandise for Resale Concessions 40 US-dog park buckets salt Operating Supplies Park Maintenance 39 US-café food Merchandise for Resale Concessions 39 US-water blast Operating Supplies Skating Rinks/Warming Houses 38 US-new books Operating Supplies Day Care 36 US-quartermaster Operating Supplies Police Sworn 35 US-café food Merchandise for Resale Concessions 34 US-café food Merchandise for Resale Concessions 34 US-critter food Operating Supplies Outdoor Center 34 US-dishwasher tags Operating Supplies Fire 33 US-council food Miscellaneous City Council 32 US-CSO interviews Training Supplies Police Sworn 32 US-Friday night fun Operating Supplies New Adaptive 32 US-snow team Operating Supplies Street Maintenance 31 US-wipers for truck 726 Repair&Maint. Supplies Utility Operations-General 29 US-winter blast Operating Supplies Skating Rinks/Warming Houses 29 US-winter 2019 set dressing Operating Supplies Winter Theatre 29 US-cloud data base Other Contracted Services Fire 29 US-badge shield/pins Operating Supplies Police Sworn 29 US-plywood Repair&Maint. Supplies Wasterwater Collection 28 US-booking room monitor mounts Miscellaneous IT Operating 27 US-camp preview day Operating Supplies Youth Programs Admin 27 US-costumes Clothing&Uniforms Theatre Initiative 27 US-show costumes Clothing&Uniforms Winter Theatre 26 US-costumes Clothing&Uniforms Winter Theatre 26 US-batteries Equipment Repair&Maint Emergency Preparedness 26 US-maiUpostage for evidence Operating Supplies Police Sworn 25 US-winter blast Operating Supplies Skating Rinks/Warming Houses 25 US-prof org WILS Conference/Training Community Center Admin 25 US WILS meeting Special Event Fees Special Events Admin 25 US-professional development wo Conference/Training Community Center Admin 25 US-irrigation kit Landscape Materials/Supp Street Maintenance 25 US-sander Operating Supplies Senior Center Admin 24 US-donuts/rolls Training Supplies Den Road Liquor Store 24 US-donuts/rolls Training Supplies Prairie Village Liquor Store 24 US-donuts/rolls Training Supplies Prairie View Liquor Store 24 US-office supplies Operating Supplies Community Center Admin 24 US-salt/electrical supplies Operating Supplies Park Maintenance Amount Explanation Account Description Business Unit 24 US-propane Repair&Maint. Supplies Water Distribution 24 US-dolly-generator Equipment Parts Water Distribution 24 US-front desk org Operating Supplies Community Center Admin 23 US-café food Merchandise for Resale Concessions 23 US-zip ties Operating Supplies Community Center Admin 23 US-café food Merchandise for Resale Concessions 23 US-café food Merchandise for Resale Concessions 22 US-tv mount-EPCC Operating Supplies Community Center Admin 22 US-coffee and cops Special Event Fees Senior Center Programs 22 US-café food Merchandise for Resale Concessions 21 US-quartermaster Operating Supplies Police Sworn 21 US-bluetooth keyboard PD Computers IT Operating 20 US-recert-Keogan Dues& Subscriptions Fire 20 US-safe response-to be refunde Tuition Reimbursement/School Police Sworn 20 US-Bluetooth keyboard-Matt S-P Computers IT Operating 20 US-camp preview day Operating Supplies Youth Programs Admin 20 US-café food Merchandise for Resale Concessions 20 US-epermit web security Software/Hardware Maint. IT Operating 19 US-seniors cake Operating Supplies Fitness Classes 19 US-Chouinard going away Employee Award Organizational Services 19 US-program supplies Operating Supplies Outdoor Center 18 US-coffee for meeting Miscellaneous Athletic Programs Admin 18 US-AUSM cert book Operating Supplies Youth Programs Admin 17 US-LTS instructor membership Dues& Subscriptions Ice Lessons 17 US-LTS participant fee Licenses, Taxes, Fees Ice Lessons 17 US-café food Merchandise for Resale Concessions 16 US-st patricks decorations Operating Supplies Senior Board 16 US-spotify for pools Operating Supplies Pool Operations 16 US-audio rink parts Operating Supplies Ice Operations 16 US-playcare cups Operating Supplies Day Care 15 US-club 204 Operating Supplies New Adaptive 15 US-S Gerber-degree Other Contracted Services Organizational Services 15 US-S Gerber-degree Other Contracted Services Organizational Services 14 US-reserve calendar Operating Supplies Volunteers 14 US-costumes Clothing&Uniforms Winter Theatre 14 US-winter 2019 costumes Clothing&Uniforms Winter Theatre 14 US-winter 2020 script Operating Supplies Winter Theatre 13 US-supplies for maint Repair&Maint. Supplies Utility Operations-General 13 US job fair Operating Supplies Youth Programs Admin 12 US-café food Merchandise for Resale Concessions 12 US-critter food Operating Supplies Outdoor Center Amount Explanation Account Description Business Unit 12 US-café food Merchandise for Resale Concessions 11 US-signage Operating Supplies Community Center Admin 11 US-winter show costume Clothing&Uniforms Winter Theatre 10 US-window decor Operating Supplies Community Center Admin 10 US-costumes Clothing&Uniforms Winter Theatre 10 US-win tv for dispatch Software/Hardware Maint. IT Operating 10 US-shop supplies Repair&Maint. Supplies Water Distribution 10 US-winter show set dressing Operating Supplies Winter Theatre 9 US-play care supplies Operating Supplies Day Care 9 US-PD license tab renewal Licenses, Taxes,Fees Fleet Operating 9 US-sliding hill Operating Supplies Park Maintenance 8 US-waterblast Operating Supplies Skating Rinks/Warming Houses 8 US-upgrades for IT Computers IT Operating 8 US-staff meeting Operating Supplies Community Center Admin 8 US-winter blast Operating Supplies Skating Rinks/Warming Houses 6 US-adult art supplies Operating Supplies Arts Center 5 US-café food Merchandise for Resale Concessions 5 US-winter blast Operating Supplies Skating Rinks/Warming Houses 5 US-office supplies Operating Supplies Arts Center 4 US-snacks for meeting Miscellaneous Athletic Programs Admin 3 US-quartermaster Operating Supplies Police Sworn 3 US-flyer spring break Operating Supplies Special Events&Trips 3 US-dog license fees Bank and Service Charges Customer Service -21 US-refund-bluetooth keyboard Computers IT Operating -21 US-quartermaster Operating Supplies Police Sworn -29 US-waterblast-refund items Operating Supplies Skating Rinks/Warming Houses -65 US-Jan 2019 Bldg Surchgs Other Revenue General Fund -72 US-lodging refund Tuition Reimbursement/School Police Sworn -100 US-refund Program Fee Youth Programs Admin -165 US-refund-money laundering Tuition Reimbursement/School Police Sworn -544 US-program trips refund Program Trips Outdoor Center -546 US-program trips refund Program Trips Outdoor Center -950 US-refund Tuition Reimbursement/School Police Sworn -3,772 US-US Bank refund Other Revenue General Fund 45,649 Report Total