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HomeMy WebLinkAboutCity Council - 10/02/2001AGENDA EDEN PRAIRTE CITY COUNCIL TUESDAY, OCTOBER 2,2001 ‘7:OO PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher, Ron Case, Jan Mosman, and Nancy Tyra-Lukens CITY STAFF: City Manager Carl Jullie, Parks & Recreation Services Director Bob Lambert, Public Works Services Director Eugene Dietz, Community Development and Financial Services Director Don Uram, Management Services Director Natalie Swagged, City Attorney Ric Rosow and Council Recorder Peggy Rasmussen I. ROLL CALL / CALL THE MEETING TO ORDER 11. PLEDGE OF ALLEGIANCE 111. COUNCIL FORUM INVITATION IV. PROCLAMATION OF OCTOBER AS DOMESTIC VIOLENCE AWARENESS MONTH V. PRESENTATION OF EDEN PRAIRIE MURALS VI. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VII. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, SEPTEMBER 18,2001 B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 18,2001 VIII. CONSENT CALENDAR A. CLERK’S LICENSE LIST B. ADOPT RESOLUTION APPROVING FINAL PLAT OF BLUFF COUNTRY TOWNHOMES 5TH ADDITION C. ADOPT RESOLUTION APPROVING FINAL PLAT OF BLUFF COUNTRY TOWNHOMES STH ADDITION D. ADOPT RESOLUTION APPROVING FINAL PLAT OF ALM EDEN HEIGHTS ADDITION E. AUTHORIZE PROFESSIONAL SERVICES AGREEMENT WITH TKDA FOR ADJUSTABLE SPEED DRIVES FOR WELLS NO. 3 THROUGH 6 ClTrYCOUNclLAGENDA October 2,2001 Page 2 F. AWARD CONTRACT FOR RIVERVIEW ROAD STORM SEWER IMPROVEMENTS TO KOBER EXCAVATING, I.C. 52-157 G. AUTHORIZE MAYOR AND CITY MANAGER TO SIGN A MUNICIPAL WASTE ABATEMENT INCENTIVE FUND GRANT APPLICATION TO PRODUCE AN EDUCATIONAL CD-ROM ON RECYCLING H. APPROVE IMPLEMENTATION OF INTERIM IMPROVEMENTS TO THE PRAIRI[E CENTER DRIVE/WEST 7STH STREET TWFIC SIGNAL AND ASSOCIATED PAVEMENT MARKING MODIFICATIONS I. . ADOPT RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF SPECIAL ASSESSMENT ROLLS AND SETTING HEARING DATE J. ADOPT RESOLUTION AWARDING CONTRACT FOR FLAGSHIP CORPORATE CENTER TEMPORARY ACCESS TO TECHNOLOGY DRIVE IMPROVEMENTS, I.C. 00-5517 IX. PUBLIC HEARINGS / MEETINGS X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIV. APPOINTMENTS XV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR 1. Cedar Forest Park Acquisition 2. Recommended Plan for Maintenance of Market Center Area Landscaping D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR E. REPORT OF PUBLIC WORKS SERVICES DIRECTOR CI'NCOUNCILAGENDA October 2,2001 Page 3 F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR G. REPORT OF MANAGEMENT SERVICES DIRECTOR H. REPORT OF CITY ATTORNEY XVI. OTHER BUSINESS XVII. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL WORKSHOPB’ORUM TUESDAY, OCTOBER 2,2001 5:OO - 6:55 PM, CITY CENTER HERITAGE ROOM 11 CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher, Ron Case, Jan Mosman, and Nancy Tyra- Lukens CITY STAFF: City Manager Carl Jullie, Public Safety Director Jim Clark, Public Works Services Director Eugene Dietz, Director of Parks and Recreation Services Bob Lambert, Community Development and Financial Services Director Don Uram, Manager Housing and Redevelopment Authority David Lindahl, Environmental Coordinator Leslie Stowing, Management Services Director Natalie Swaggert, City Attorney Ric Rosow, and Recorder Lorene McWaters I. 11. 111. IV. V. VI. VII. VIII. CALL MEETING TO ORDER - MAYOR JEAN HARRIS APPROVAL OF AGENDA TALL GRASSES REACTION TO MAJOR EVENTS CITY-COUNTY HOUSING PARTNERSHIP OTHER TOPICS COUNCIL FORUM A. ZERO EXPANSION ADJOURNMENT Memorandum To: Mayor and City Council From: Through: Carl Jullie, City Manager Date: September 27,2001 Re: Native Plant Ordinance Leslie A. Stowing, Environmental Coordinator Eugene Dietz, Director of Public Works Services Synopsis The amendment of the City Code relating to maintenance of vegetation is to allow the use of native plantings to encourage water conservation and habitat enhancement. Native plants also require less intensive maintenance, resulting in less usage of fertilizers and pesticides. This change would give individual residents more choices for conserving water and thus meeting the intent of the Water Surcharge that was enacted in 1997 to encourage water conservation. Background The City began advocating xeriscaping, or water-smart gardening, as a way of moving away fkom growing plants fkom radically different climates, such as traditional bluegrass turf, to ones that thrive in our specific region. There are a number of perennials, annuals, shrubs, trees and vines that perform well yet require minimal supplemental irrigation and resist disease and pests with minimal chemical usage. This can be done without sacrificing the aesthetic quality of the City’s yards and instead focusing on the character and beauty that natural landscapes can provide. After established, a properly maintained native garden should appear full and healthy. Potential Questions on Native Landscaping There are a number of potential questions associated with native plant gardens, including vermin population growth, mosquito growth, allergies and the need for annual burns. Research into these issues was completed and the results indicated that: 0 Natural vegetation does not typically provide the quantities of food required for sustaining large vermin populations. 0 Native landscapes tend to absorb water quickly and are less likely than a watered, sod- covered lawn to provide for mosquito breeding. 0 There are few native plants which give off allergen-type pollens as most native plants are insect pollinated, not air pollinated. It is the air-pollinated species, such as Kentucky bluegrass, which are commonly allergens. Hennepin County has also stated that common allergens are so wide spread that the growth of a small number of air-pollinated species within a residential yard is inconsequential. Controlled burns are not required to maintain native landscapes within a yard. Mowing each spring and removal of debris will expose the soil for wanning by the sun, mimicking the action of fire. Native Plant Ordinance Memorandum September 26,2001 Page 2 Kev Provisions of the Ordinance There are a number of issues addressed within the ordinance that may arise as a result of the new native planting guidelines. They include: It is unlawful for an owner or occupant to allow ‘‘noxious weeds” as defined by Minnesota Statutes or volunteer plants which are not customarily or intentionally planted to grow on their lot. Setbacks are required. They are 10 feet from the side and rear lot lines and 20 feet from the front yard lot line. The side and rear setbacks can be waived if there is a completely opaque fence with a minimum height of 5 feet. Prior vegetation, such as turfgrass, must be eliminated and the native grasses, sedges and forbs planted through transplanting or seed. This is to prevent ‘‘just letting the grass grow”. In addition, all natural areas must be marked with a sign advising that a meadow or prairie is being established in areas likely to be seen by the public. Plantings prohibited within the zoning district in which the planting is proposed, such as those provisions outlined in Section 11.50 the Shoreland Management Ordinance or Section 11.03 regarding sight line setbacks from intersections, would also be prohibited in this ordinance. All native-planting areas must be mowed a minimum of once annually between April 15 and June 1 to a height no greater than 8 inches. The City would not be responsible for damage to landscaped areas resulting from public works improvements or snow removal activities. The City may also require removal of native plantings from within right-of-way areas at no expense to the City. Work within conservation easement areas, including not mowing and cutting, requires written authorization from the City. Failure to comply with this ordinance, including setback, weed and annual cutting requirements, shall result in cutting of the vegetation and/or treatment of the weeds and the expenses thus incurred shall be a lien upon the lot or parcel for the amount of the cost incurred by the City. Neighborhood Values A concern has been discussed at staff level regarding the issue of the proximity of native grasses to lots occupied by someone with different values. The provisions for of setbacks or fences address this issue. However, there is the possibility that native vegetation could be installed next door to someone that values a manicured lawn. Attachments Proposed Ordinance Survey of Local Ordinances Native Plant Ordinance Memorandum September 26,2001 Page 2 City of Minnetonka Dean Elsted Planning Dept. Section 845.030 - Special Provisions: Lawn Maint enmce 952-939-8217 DSTJLTS The City adopted an ordinance that allows citizens to install native plant landscaping that is “properly managed and maintained” approximately 10 years ago. The ordinance was instituted as the result of a lawsuit in which a resident contended that the City’s prior ordinance was too vague and that it infkinged on their right to grow a native landscape in lieu of sod. Their previous ordinance was a basic ordinance stating that all vegetation over a certain height had to be mowed, similar to Eden Prairie’s. The City attorney agreed that the resident would likely win the lawsuit and the City drafted an ordinance that would allow native landscaping while regulating it. There have been few issues resulting from the ordinance and most residents have been very cooperative in allowing native plantings. They do have a few residents that have native landscape areas in place. Most native planting areas are within new construction where non-turf areas are part of the development plan. The majority of the complaints, of which there are few, are in the fall when the plants start looking a little overgrown as they only need to mow once during the year. Ordinance provisions include: Establishment of meadows and prairies is allowed, but not lawns or weeds left to “go natural”. Prior vegetation must be eliminated and the native vegetation planted through transplanting or seed by human or mechanical means. A definition for “weeds” includes noxious weeds such as cocklebur, crabgrass, dandelions, quackgrass and ragweed. Weeds would also include anything that is horticulturally out of place, such as a tree seedling in a vegetable garden. Weeds are not to exceed a height of 10 inches, except in certain areas such as wetlands, ponds or other non-occupied areas that have never been graded, landscaped or mowed (City parks, etc.). The area must be cut at least once per year to a height no more than 10 inches if the area contains more than 25% weeds. Once there are weeds of less than 25% of the area, no mowing is required. There are no setback requirements. A landscaping plan is only required if there is a question over whether a planting is “intentional” or not. Large planted areas must have signage indicating that a restoration is in process. The sign must be a minimum of 10 inches by 10 inches and less than one foot by one foot. The sign must be located in an area which residents are likely to see it. Native Plant & Weed Control Ordinance Survey September 26,2001 Page I City of Crystal Kelly Yeager Assistant City Forester Section 6.40 - Vegetation %3-531-1000 City of Eagan Pam Dudziak City Planner / Weed Inspector Section 7.08 - Regulation of grass, weeds, trees, and landscaping 65 1-68 1-4691 Their ordinance promotes and encourages private residential applications of native plant landscaping. The ordinance was passed with little controversy and there have been no complaints since passage. There are a few residents taking advantage of the ordinance, three that she hows of. She did handle one complaint this year, but the resident’s yard did meet the native plant requirements . Ordinance provisions include: The City retains the right to cut any grass or weeds that represent a nuisance or hazard. There is a 15 foot setback fkom the front street or side street (fkom the edge of pavement), and six feet fiom the rear or side yard (as measured fkom property line). The setback is waived if there is a fully opaque fence at least five feet in height installed on the lot line. The setback is defined as requiring regularly mowed turf grasses, which is defined as included blue grass, fescue or rye gass blends or other similar grasses. Planned landscape areas must be cut at least once annually between April 1 and November 1 to a height no greater than 10 inches. The landscaping plans must be submitted to the City Forester for review and approval. The ordinance also specifically exempts parks and natural areas owned by the City and rights-of-way owned by the count and state. The City of Eagan implemented a revised “weed ordinance” in 1990. The City has experienced few complaints with the native plantings in residential area. Only a few residents have installed native garden areas. One site they have been working with is Delta Dental, a company that converted large portions of their yard area to native landscaping. Complaints have centered on residents who are not aware that this is a native plant restoration area due to the lack of signage at the company. However, this area was done professionally and does look as intended. Delta has also reported a significant decrease in maintenance costs, including watering. Eagan’s code allows for establishment of woodland or meadow conditions for no more than 50% of all maintained areas requiring turfgrass. This includes the following provisions: The vegetation presently existing in the proposed restoration area shall be entirely eliminated and re-vegetated. No noxious weeds or prohibited tree species are allowed. Prohibited trees are defined as female &EO. box elder. non- Native Plant & Weed Control Ordinance Suwey September 26,2001 Page 2 City of Edina Vince Cockriel Park Superintendent and Lowell McCarty Retired weed inspector 952-927-886 1 952-922-5 193 ~ Section 1050 -Maintenance of Vegetation disease resistant elm, and non-hybrid cottonwood. A setback of 3 feet of turfgass is required along the property edge where the restoration area abuts turfgrass areas on adjoining properties. Soil erosion shall be controlled during the transition period of the restoration. Turfgrass and other areas not covered by this ordinance are to be maintained at a height of 6 inches or less. Areas exempt fiom the 6-inch mowing requirements include wetlands, floodplains, drainage ponds or ditches, pasture land, steeply sloped areas and restoration areas. The City of Edina has had a native landscaping plan that states that the area has to be a planned landscape or restoration area. The City has not had any problems with determining which are planned or not planned and ordering cutting for “unkempt” or “weedy” lawns, Overall, they are very satisfied with the ordinance. There has not been much controversy and are few complaints, especially after the residents learn what their neighbor is doing and why. They did have one complaint where the plantings were going beyond the setback area, but that was within the boundaries of the ordinance and was fixed. The majority of the native areas are on hillsides and were done with professional contractors. There are about 10 residents who have “whole yard” natural areas. Most are for smaller areas within the overall yard. Ordinance provisions include: 0 0 Setbacks of 20 feet for street or side street sides and 5 feet for side or rear yards Setback can be reduced to 0 if there is: 0 0 0 0 0 0 Setback must contain pavement, rock, gravel, wood chips, regularly mowed turf grass, trees and/or shrubs. The weed definition includes primary and secondary noxious weeds as well as “any volunteer plant, except trees and other woody vegetation, which is not customarily or intentionally planted”. Residents are allowed to request that portions of their property be designated a “Natural Preserve”. This formal application process includes a petition that must be signed by all adjacent landowners and approved by the City Council. However, they discourage most residents fiom going through the formal process as the a fully opaque fence of at least 5 feet in height, a restoration area in adjoining lot, a public park, open space or vacant lot next to it, a wetland, pond, lake or stream, or the slopes are greater than 3: 1. City of Plymouth Lara Newberger Forestry Technician & Weed Inspector 763 -5 09-5946 September 26,2001 Page 3 City of White Bear Lake Jim Robinson City Planner 65 1-429-8561 City of Minneapolis Chuck Ballantine Planning Director Section 530.150 - General Landscaping and Screening City of Woodbury Steve Kernik Environmental Coordinator Section 15-7 - Lawn Maintenance 6 12-673-2616 65 1-714-3536 Preserve area designation is intended for large restoration projects and would not include smaller landscape areas. They do work with homeowners to establish native-planting areas in back yards or adjacent to wetlands or other natural areas, similar to what Eden Prairie currently does. They also encourage signage of native plant restoration areas as they find it cuts down on neighbor complaints. They have also found that maintaining a buffer between yard areas helps stop encroachment of native plants into adjacent yards. The Natural Preserve / native plant areas must be kept fi-ee of Minnesota designated noxious weeds and must have a buffer of mowed vegetation adjacent to roads or paths. The City has over 20 Natural Preserve areas. They have had a native plant ordinance for over 3 years now. The City has only had one complaint in this time. The complaint was settled relatively amicably and the native garden remained in place. Their ordinance was done very simply and includes a single provision. Their ordinance allows native grasses to exceed the City’s 12-inch height restriction as long as the vegetation is set back a minimum of 20 feet fi-om the property line and is part of a garden or landscape treatment. They allow use of native grasses within the landscaping and screening areas of developments. Use is encouraged to provide for interception and filtration of stormwater, to limit required maintenance, preserve or restore natural amenities and to conserve energy through shading and windbreaks. Their “weed ordinance” was recently amended in February 1997 to allow native landscaping. This was done to allow a variety of landscapes within appropriate locations within the City and also to address vacant lot issues. Approximately 50% of the calls they got were due to vacant lots, the remaining were due to either residents who already were doing native landscaping or those who were not mowing their lawns. Since passage of their ordinance, the number of complaints has dropped significantly, especially as residents became aware that vacant lots were exempt fi-om the mowing requirements unless they had a significant amount of noxious weeds. This year he has only received two complaints about neighbors and both were in compliance with the ordinance. They had their 2nd annual landscaping tour and over 100 people attended the event. Natural areas are allowed on residential and non-residential areas, up to 35% of the rear lot in most cases. In general, vegetation Native Plant & Weed Control Ordinance Survey September 26,2001 Page 4 City of St. Paul Ed Olsen Public Works Dept. 65 1-488-7291 City of Bloomington Glen Shirley Parks Maintenance Supervisor 952-948-8700 must be 8 inches or less within 20 feet of buildings and within 20 feet of the curb or shoulder of roadways. There are a number of areas that are exempt fi-om the 8 inch or less requirement. This would include maintained “gardens”, wetlands, wetland buffers, drainage ditches, steep slopes, vacant lots and berms greater than 4 feet high among others. The City of St. Paul does not have a native planting ordinance, but does have a provision for boulevard plantings to “improve the aesthetic appearance of city street, avenues and alleys”. The ordinance allows garden areas with plantings not-to-exceed 24 inches in height with no overhang, encroachment onto sidewalks, curb or street areas. There have been no complaints and very few si&t line obstruction Droblems. They do allow private homeowners to convert yard areas to “alternative landscaping”, including native prairie, when there are no conflicts with neighbors. No formal ordinance covers these situations. They have a basic “weed ordinance” that does not allow anything over 12 inches in height. The City is considering adopting a native landscaping ordinance in the fbture, as interest in this type of landscaping is rising. Native Plant & Weed Control Ordinance Sui-vty September 26,2001 Page 5 DRAFT CITY OF EDEN PRAZRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -01 AN ORDINANCE AMENDING SECTION 9.71 OF THE CITY CODE RELATING TO THE MAINTENANCE OF VEGETATION AND PROVIDING FOR PENALTIES FOR VIOLATION THEREOF. WHEREAS the City has determined that native grasses and other vegetation that are considered indigenous or naturalized to Minnesota help to maintain the natural and floral diversity of the City and provide food, shelter, and special habitat for wildlife. The City also finds that it is in the public interest to allow citizens to choose the type of landscaping on their properties and to make changes in that vegetation. As a protection for the larger community, however, this change in vegetation must be properly managed and maintained and the length of transition period must be minimized. The City Council enacts this ordinance to balance the public interest with the public need to ensure proper maintenance of that vegetation. Native plants also require less intensive management than hybrid landscape vegetation and lesser applications of fertilizer and pesticides and reduced watering or irrigation requirements. These qualities can lead to conservation of local groundwater resources, less reliance on chemical landscape additives, and lowered concentrations of sediment, chemicals, nutrients, and other non-point source pollutants that run off into local surface water resources resulting in improved lake and stream water quality. Native plant landscapes may also function as a buffer between highly sensitive natural landscapes such as wetlands, creeks, and lakes and other types of high impacted landscapes such as paved surfaces or intensively managed lawns and gardens. When properly designed and maintained these areas of natural vegetation act as a filter and trap the movement of urban stormwater pollutants, minimizing the impacts fkom surrounding land uses to our water resources. NOW THEREFORE THE CITY COUNCIL OF THE CITY EDEN PRAIR1[E, H.ENNEPIN COUNTY, MIM\TESOTA, ORDAINS: Section 1. City Code Section 9.71 is amended in its entirety to read as follows: “SECTION 9.71. MAINTENANCE OF VEGETATION.” Subd. 1. For the purposes of this section, the following terms shall have the following meanings: (a) ‘‘Native” grasses, sedges and forbs: Native grasses, sedges and forbs are those grasses (including prairie grasses), solid, triangular-stemmed plants resembling grasses (sedges) and flowering broadleaf plants (forbs), which were indigenous or naturalized to the state of Mhnesota. Native Plant Ordinance Page 1 DRAFT Weeds. Weeds are (i) noxious weeds are defined and designated pursuant to the ''Minnesota noxious weed law", Minnesota Statutes, Sections 18.76-18.88, as amended fi-om time to time. Noxious weeds are those weeds which are prohibited fi-om being present as they are highly destructive and difficult to control by good cultural practices or by the use of herbicides, or (ii) any common weeds or volunteer plants which are not ,customarily or intentionally planted. Weeds do not include trees, bushes, flowers, ornamental plants, dandelions or common garden crops such as vegetables not on the noxious weed list. Turfgrass. Turfgrass means commercially available cultured turfgrass varieties, including bluegrass, fescue and ryegrass blends, commonly used in regularly cut lawn areas. A turfgrass area is an area of land that is occupied by a minimum of 90 percent turfgrass. Natural Area. A natural area is an area that is not mowed that contains trees, shrubs, grasses and flowering broadleaf plants, excluding noxious weeds and turfgrass. This includes, but is not limited to, wetland, meadow, woodland or prairie consisting of vegetation native or adaptive to the state. 2. It is unlawhl for any owner or occupant of any lot or parcel of land in the City, other than land in the rural district, or agent of any such owner or occupant, to allow any herbaceous vegetation growing upon such lot or parcel of land or growing upon City right-of-way which abuts the lot or parcel of land, including the area between any sidewalk or trail and the curb of the street to grow to a height greater than ten (10) inches or to allow such vegetation to go to seed. It is unlawful for any such owner or occupant to allow noxious weeds or plants to grow on any such lot or parcel of land so as to endanger the health, safety and welfare of the City. Subdivision 2(a) above shall not be construed to allow anything otherwise prohibited in the zoning district in which the native planting is proposed, including those provisions outlined in Section 11.03, Establishment of District, Special Requirements and Performance Standards, and Section 11 SO, Shoreland Management. Subd. 3. The provisions of Subd. 2 shall not apply: (a) To vegetation that is located (i) (ii) (iii) (iv) (v) on slopes equal to or steeper than three feet horizontal to one foot vertical (3: 1); within fifty feet of a wetland, lake, pond, or stream; within twenty feet of a natural area; in designated City park lands; in a floodplain area designated on the official zoning map; or Native Plant Ordinance Page 2 DRAFT (vi) To native grasses, sedges and forbs provided that: within a drainage pond or ditch which stores or conveys stormwater. (b) there is a setback of not less than ten feet fiom the side and rear lot lines, The setback shall be waived on the side and rear lot lines if there is a fully opaque fence at least five feet in height installed. there is a setback of not less than twenty feet from the fiont lot line, the vegetation is cut at least once annually between April 15 and June 1 to a height no greater than eight inches and the native grasses, sedges and forbs are planted and managed in a planned landscape area or restoration area, the prior vegetation was eliminated and the native grasses, sedges and forbs were planted through transplanting or seed by human or mechanical means, a sign has been posted on the property in a location likely to be seen by the public advising that a meadow or prairie is being established. This sign is required only if the native grasses, sedges and forbs are in an area likely to be seen by the public. This sign shall be no smaller than four inches square, no larger than one square foot and no higher than four feet tall. (c) Turfgrass areas shall be established and maintained within setback areas along the edge of a property where a meadow or woodland restoration area abuts a turfgrass area on an adjoining property in order to provide a transition zone between the two types of plant communities. Work within conservation, scenic, or drainage & utility easement areas, including mowing and cutting or not mowing or cutting, requires written authorization from the City , Subd. 4. The annual cutting requirement in Subd. 3 clause b(iv) shall not apply to native on slopes equal to or steeper than three feet horizontal to one foot vertical within fifty feet of a wetland, lake, pond or stream; or in an area abutting a natural area. (d) grasses, sedges and forbs that are located: (i) (ii) (iii) (33, Subd. 5. The setback area required by Subd. 3 of this Section shall be composed of Subd. 6. The City may require: regularly mowed turfgrass, trees, shbs, wood chips, rock and/or gravel. (a) a person who has planted native grasses, sedges and forbs or other vegetation within a right-of-way of a City street or Native Plant Ordinance Page 3 DWT (b) the owner or occupant of a lot or parcel abutting a right-of-way of a City street and/or an adjoining property, fi-om which native grasses, sedges or forbs or other vegetation have spread to the right-of-way or adjoining property, to remove the native grasses, sedges or forbs fi-om the right-of-way or adjoining property at no expense to the City and/or adjoinizlg landowner. The City will not be responsible for damage to landscaped areas resulting fi-om public works improvements or snow removal activities. Subd. 7. If any such owner, occupant or agent in a lot or parcel of land in the City fails to comply with the height, setback, weed, and annual cutting requirements as required by this Section, after notice of such failure has been given by the City Clerk, and has not within seven (7) days of such notice complied, the City shall cause such vegetation to be cut and/or treated for weeds and the expenses thus incurred shall be a lien upon the lot or parcel. The City Clerk shall certify to the County Auditor of Hennepin County a statement of the amount of the cost incurred by the City. Such amount together with interest shall be entered as a special assessment against such lot or parcel of land and be collected in the same manner as real estate taxes. Section 2. City Code Chapter 1, entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 9.99, entitled “Violation a Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This Ordinance shall become effective fi-om and after is passage and publication. FIRST READ at a meeting of the City Council of the City of Eden Prairie on the day of , 2001, and finally read and adopted and ordered published at a meeting of the City Council of said City on the day of , 2001. ATTEST: City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of ,2001. Native Plant Ordinance Page 4 DkWT WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, the month of October is declared National Domestic Violence Awareness Month; and nearly one in three adult women experience at least one physical assault by a partner during adulthood; and young women, between the ages of 16-24 in dating relationships experience the highest rate of domestic violence and sexual assault; and each year an estimated 3.3 million children witness their mothers or female caretakers being abused; and research suggests that early childhood victimization, either through direct abuse, neglect, or witnessing parental domestic violence, has demonstrable long-term consequences for youth violence, adult violent behaviors, and other forms of criminality; and increased awareness and education about domestic violence and the resources available to victims is a step toward the solution. NOW, THEREFORE, I, Dr. Jean Harris, Mayor of the City of Eden Prairie, do hereby proclaim October 2001, as Domestic Violence Awareness Month in the City of Eden Prairie And urge all individuals in Eden Prairie to become aware of the dynamics of domestic violence, the effects on families and our community, and when appropriate, seek help from Cornerstone, the local agency that serves victims of domestic violence. I further encourage residents to support Cornerstone's programming, and to become involved in the effort to end domestic violence. Dated this 2nd day of October, 2001. Dr. Jean L. Harris, Mayor City of Eden Prairie UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY, SEPTEMBER 18,2001 5:OO - 6:55 PM, CITY CENTER HERITAGE ROOM 11 CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher, Ron Case, Jan Mosman CITY STAFF: City Manager Carl Jullie, Gary Therkelson, Public Works Services Director Eugene Dietz, Director of Parks and Recreation Services Bob Lambert, Community Development and Financial Services Director Don Uram, Finance Operations Manager Sue Kotchevar, City Attorney Ric Rosow, and Recorder Lorene McWaters I. CALL MEETING TO ORDER - MAYOR JEAN HARRIS Mayor Harris called the meeting to order at 5:30 p.m. 11. APPROVAL OF AGENDA 111. 2002l2007 CIP Community Development and Financial Services Director Uram said there are $23,903,895 in Capital Improvement projects budgeted for 2002-2007 and $4,145,000 beyond 2007. Of the $23,093,895 -- $20,709,649 are “A” projects, $2,687,450 are “B” projects, and $506,796 are “C” projects. Uram said staff anticipates funding the 2002-2007 projects with through the following sources: CIP Fund $13,878,895 Debt 3,010,000 Park Improvement Funds 5,155,000 Other 860,000 MCA Construction Fund $1,000,000 The breakdown by type of project is as follows: Information Technology $1,241,000 Historical Properties 1,561,895 Facilities 2,535,000 Park & Recreation 7,625,000 Public Safety 3,996,000 Public Works 6,945,000 COUNCIL WORKSHOP MINUTES September 4,2001 Page 2 Uram noted that the historical properties budget currently includes a $500,000 lump sum for renovation of the More House. A more detailed figure will be available after the architect for Dunn Brothers submits a list of required work. Director of Public Works Dietz said that of $6-12 million in projected transportation projects in the Golden Triangle, $2.5 million can be funded in the 2002-2007 CIP. Dietz noted that although there are $10 million in unfunded transportation projects listed, at least half of these projects require involvement of other agencies that may or may not be fimding them. Because of that, Dietz said transportation funding looks reasonable at this point. Director of Parks and Recreation Services Lambert said that he believes all of the projects currently referenced in the 2002-2007 CIP can be funded with Park Dedication Funds. Lambert specifically addressed the following long-term needs: 0 The CIP includes acquisition of land for the last major neighborhood park, Cedar Forest. Development of this park would fulfill the City’s long term plan to locate a neighborhood park within a half-mile of each residence. He said he would be requesting the Council’s authorization to negotiate for this property shortly. 0 County staff has indicated it will not support the City’s proposal of a 2-year option to buy their portion of the Birch Island Woods. In response, the City has proposed to pay $600,000 over five years with no interest. The County responded they believe interest should be paid, but they are willing to lock into the current prime rate. Lambert said this totals about $134,000 per year over five years. The Picha property will have to be dealt with separately; but Lambert noted that even if the City cannot acquire the Picha property, a usable trail system can be constructed. 0 Lambert briefly discussed some of unfunded Parks and Recreation projects listed as “wants or needs” over the past year. He noted that a water park was listed as a top “want” by Eden Prairie survey respondents in 2000 and early 2001. He recommends hiring a consultant to conduct a feasibility study with input fiom residents. 0 Lambert said Parks staff has been working on updating the Open Space Plan for the past three years. Much of the plan is completed, but projection of needs for future athletic fields will probably require analysis by an independent consultant. Case noted that back in January he had advocated forming an association of athletic field users to help predict future use. 0 Lambert recommended a phased development plan for construction of the.Purgatory Creek Recreation Area. He said construction of a building should be delayed until a clear need is identified. For now, the City can choose to go with a simple gazebo and paved area, and can pursue funding for fountains or sculptures through foundation grants. More details on phasing and costs will be available in the near future. COUNCIL WORI(SH0P MINUTES September 4,2001 Page 3 The only undeveloped parcel of land large enough for an 18-hole golf course is at Flying Cloud Airport. Lambert said MAC has previously indicated that if a golf course were to be built at the airport, MAC would construct and operate it. Also, depending on changes in configuration of the athletic fields, there may not be enough room for an 18-hole course. In summary: 0 Staff expects to be able to fund all CIP projects through 2007 as well as funding “A” transportation projects 0 New debt will have to be issued to pay for Eden Prairie’s portion of the Joint Public Safety Training Facility and replacement of vehicles Butcher, Mosman and Harris praised the plan and said they were pleased staff had been able to fund so many of the projects listed. Uram said staff will put the CIP in the same format as the 2002 budget for approval at a December Council Meeting. IV. OTHER TOPICS V. COUNCIL FORUM A. EDEN PRAIRIE HOCKEY ASSOCIATION John Schmelzle provided an update for the Council on activities since the Third Rink Taskforce last met about a year ago. Schmelzle said he was representing the Eden Prairie Hockey Association and the Figure Skating Club, which have hired a fimdraising consultant to determine whether or not enough private support exists to build a third rink. The consultant believes, with 96% assurance, that $1.2 million can be raised through small corporate and individual contributions. The Hockey Association has also committed to contributing $250,000 toward a rink. Schmelzle said the Hockey Association is ready to start collecting money, and that the School District has expressed interest but has not yet made a commitment. Schmelzle said the association is planning to retain the same fundraising company to manage collected funds. The Hockey Association’s architect estimates a new rink will cost fiom $2.5 to $5 million, depending on the design. Lambert said there are several configurations being considered at the Community Center site. Councilmember Case asked if there had been any consideration given to loosening requirements for matching the existing brick exterior. Lambert said the Association has inquired about that, but he had told them he did not believe the Council would allow that. Case said he doesn’t know if the City should be building a large, permanent structure that may only be used for 10 or 15 years. Councilmember Butcher said departing fiom existing requirements would be a real philosophical shift and would require careful consideration and discussion. Mayor Harris agreed. 3 COUNCIL WORKSHOP lMIMJTES September 4,2001 Page 4 B. ZERO EXPANSION Mark Michelson said he and Kim Vohs had met with MAC recently and had concluded that if the City intends to sue MAC, now is the time to do it. Mayor Harris thanked Mr. Michelson and Mr. Vohs for their input. C. RRIENDS OF BIRCH ISLAND WOODS Jeff Strate said he submitted a complaint to the DNR about belated notification of denial of grants for purchase of the Birch Island Woods fkom Hennepin County. Strate said the DNR apologized for any confusion there may have been and said that they would be adopting a formal policy to deny grants for purchase of land fi-om one government entity by another. Strate said he has spoken with Representative Workman, who has said he is willing to help obtain funding for purchase of the Woods. VI. ADJOURNMENT Mayor Harris adjourned the meeting at 6:55 p.m. 4 UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, SEPTEMBER 18,2001 7:OO PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Hank, Councilmembers Sherry Butcher, Ron Case, Jan Mosman, and Nancy Tyra-Lukens CITY STAFF: City Manager Carl Jullie, Parks & Recreation Services Director Bob Lambert, Public Works Services Director Eugene Dietz, Community Development and Financial Services Director Don Uram, Management Services Director Natalie Swaggert, City Planner Michael Franzen, City Attorney Ric Rosow and Council Recorder Peggy Rasmussen I. ROLL CALL / CALL THE MEETING TO ORDER Mayor Harris called the meeting to order at 7:03 p.m. Councilmember Nancy Tyra- Lukens was absent. 11. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION Mayor Harris said Council Forum is held the first and third Tuesdays of the month from 6:30 - 6:55 p.m. in Heritage Room II. This will be scheduled time following City Council Workshops and immediately preceding regular City Council Meetings. It is important if you wish to visit with the City Council and Service Area Directors at this time that you notify the City Manager’s office by noon of the meeting date with your request. IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Jullie added Item V1.D. Approve First Amendment To Purchase Agreement With Woodlake Sanitarv Service, Inc. Mosman added Items XIII.A.l. Star Monitor Program, XIII.A.2. Eradicating Weeds & Long Grass, and XIII.A.3. Overlook/Lookout Park Wayside. Butcher added Item XIII.A.4. Reaction by the Council to Tragic Events. Rosow removed the closed session under XIV.A. MOTION: Butcher moved, seconded by Case, to approve the agenda as published and amended. Motion carried 4-0. V. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, SEPTEMBER 4,2001 MOTION: Mosman moved, seconded by Case, to approve the minutes of the Council Workshop held Tuesday, September 4, 2001, as published. Motion carried 3-0-1, with Butcher abstaining due to her absence. cITYCOUNcIL4~S September 18,2001 Page 2 B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 4,2001 MOTION: Case moved, seconded by Mosman, to approve the minutes of the City Council Meeting held Tuesday, September 4, 2001, as published. Motion carried 3-0-1, with Butcher abstaining due to her absence. VI. CONSENT CALENDAR A. ADOPT RESOLUTION NO. 2001-141 APPROVING F'INAL PLAT OF HARTFORD COMMONS B. APPROVE EASEMENT AGREEMENT FOR 18011 PIONEER TRAIL C. ADOPT RESOLUTION NO. 2001-142 TO CONTINUE PARTICIPATION IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM THROUGH THE LIVABLE COMMUNITIES ACT D. APPROVE FIRST AMENDMENT TO PURCHASE AGREEMENT WITH WOODLAKE SANITARY SERVICE, INC. FOR ACQUISITION OF APPROXIMATELY 17 ACRES. MOTION: Butcher moved, seconded by Mosman, to approve Items A-D on the Consent Calendar. Motion carried 4-0. VII. PUBLIC HEARINGS / MEETINGS A. THE PINES I by The Pines I, LLC. Request for Planned Unit Development Concept Amendment on 5.17 acres, Planned Unit Development District Review with waivers on 5.17 acres, Zoning District Amendment within the RM-6.5 Zoning District on 5.17 acres, Site Plan Review on 5.17 acres, and Preliminary Plat of 5.17 acres into 28 lots. Location: Southwest corner of Pioneer Trail and Settlement Drive. (Resolution No. 2001-143 for PUD Concept Amendment, Ordinance for PUD District Review and Zoning Amendment, and Resolution No. 2001-144 for Preliminary Plat) Jullie said official notice of this public hearing was published in the September 6, 2001 Eden Prairie News and was sent to 41 property owners. Steve Kroiss, developer of The Pines I, said this project is for 28 two- and three- unit townhomes, located at the southwest corner of Pioneer Trail and Settlement Drive. He said they have met with the association for the existing Pines and are working on a number of issues, which they expect will be completed soon. They have answered all the concerns of the neighbors, one of which was to widen out the existing radiuses to accommodate all the trucks. The Pines I will have a similar architecture to the existing Pines and a similar-style of landscaping. The price of each unit will be fiom $250,000 to $390,000. a CITYCOUNCILMIMTTES September 18,2001 Page 3 Franzen said the Community Planning Board voted 8-1 to recommend approval of the project to the City Council at its August 27, 2001 meeting. One waiver has been requested for lot depth from 100 feet to 76 feet for lots 1-19. This is similar to the townhouse development to the east. The other is for wetland structure setback from 15 feet to 5 feet. This is consistent with the approved plan, which was approved before the wetland ordinance was in place. All but two of the units comply with wetland and setback requirements. Mayor Harris asked if anyone wished to address the Council. No one did. MOTION: Mosman moved, seconded by Case, to close the public hearing; and adopt Resolution No. 2001-143 for Planned Unit Development Concept Amendment on 5.17 acres; and adopt Resolntion No. 2001-144 for Preliminary Plat on 5.1 acres into 28 lots; and approve lSt Reading of the Ordinance for PUD District Review with waivers on 5.17 acres and Zoning District Amendment within the RM-6.5 Zoning District on 5.17 acres; and direct Staff to prepare a Developer’s Agreement incorporating Staff and Board recommendations and Council conditions. Discussion followed. Case said currently there is a historic log house sitting on the property that adjoins Pioneer Trail. He said he would appreciate allowing John Gertz, the City’s Historic Preservation Specialist, to have access to the property and the inside of the house in order to document it. There are only three log homes left in the City, and this one is a rare example of 1860 construction. Kroiss said he and John Gertz were in the log house earlier that day, and he will be allowed to document it. The house is of historic value, and within the next month the logs will be examined to see if the house would be worth restoring. Case said sometimes artifacts are removed fi-om historic buildings and put in the Historical Society’s museum. He made it a Council condition, to be added to the motion, that the developer would allow documentation and removal of artifacts from the log house on the property. Motion carried 4-0. B. GRAY FOX BLUFF by Kathryn Slavens. Request for Preliminary Plat of 47.03 acres into 3 lots. (Resolution No. 2001-145 for Preliminary Plat) Jullie said official notice of this public hearing was published in the September 6, 2001 Eden Prairie News and was sent to 130 property owners. Kathryn Slavens said she is the daughter of John Anderson, the property owner, and was making the request in order to allow him to continue to live in the house. He wishes to subdivide one parcel into three Rural lots, located at 15598 Michele Lane. The creek and wetlands naturally subdivide this land. Each lot has at least 10 acres, with a buildable area, at the end of an existing street. She reached agreement with the Planning Board and City staff on every issue. 3 clcTyc0"cILNmvITTEs September 18,2001 Page 4 Franzen said the Community Planning Board voted 9-0 at the August 27, 2001 meeting to recommend approval of the project to the City Council. Two minor changes to the plans were completed. One was modification to the consewation easement, extending it to cover the public open space and wetland buffer, and the other was permanent roadway easements. These easements would not affect setbacks to the existing house that is on one of the parcels. Mayor Harris asked if anyone present wished to address the Council. No one did. MOTION: Case moved, seconded by Butcher, to close the public hearing; and adopt Resolution No. 2001-145 for Preliminary Plat on 47.03 acres into 3 lots; and direct Staff to prepare a Developer's Agreement incorporating Staff and Board recommendations and Council conditions. Motion carried 4-0. C. VACATION OF PART OF DRAINAGE AND UTILITY EASEMENT IN WOODLAND PONDS OF EDEN PRAIRIE (10008 SHADOW POND DRIVE), VACATION 01-06 (Resolution No. 2001-146) Jullie said official notice of this public hearing was published in the August 23, 2001 Eden Prairie News and was sent to three property owners. Jullie explained that the owner of the property located at 10008 Shadow Pond Drive has requested this vacation of part of the drainage and utility easement to allow construction of a deck. Mayor Harris asked if anyone wished to address the Council. No one did. MOTION: Butcher moved, seconded by Mosman, to close the public hearing; and adopt Resolution No. 2001-146 vacating part of the Drainage and Utility Easement in Woodland Ponds of Eden Prairie. Motion carried 4-0. D. VACATION OF PART OF A DRAINAGE AND UTILITY EASEMENT OVER LOT 8, BLOCK 1, SETTLERS RIDGE 5TH ADDITION (19091 VOGEL FARM TRAIL), VACATION 01-07 (Resolution No. 2001-147) Jullie said official notice of this public hearing was published in the August 23, 2001 Eden Prairie News and was sent to the adjoining property owners. Jullie explained that the owner of the property located at 19091 Vogel Farm Trail has requested this vacation to facilitate expansion of the deck area of the home proposed on this lot. Mayor Harris asked if anyone wished to address the Council. No one did. MOTION: Mosman moved, seconded by Butcher, to close the public hearing; and adopt Resolution No. 2001-147 vacating part of the Drainage and Utility Easement over Lot 8, Block 1, Settlers Ridge 5* Addition. Motion carried 4-0. 4 ~COUNclLMINlJTES September 18,2001 Page 5 E. VACATION OF PART OF A DRAINAGE AND UTILITY EASEMENT OVER LOT 9, BLOCK 1, SETTLERS RIDGE 5TH ADDITION (19067 VOGEL FARM TRAIL), VACATION 01-08 (Resolution No. 2001-148) Jullie said official notice of this public hearing was published in the August 23, 2001 Eden Prairie News and was sent to three property owners. Jullie said the owner of the property located at 19067 Vogel Farm Trail has requested this vacation to facilitate expansion of the deck area of the home proposed on this lot. Mayor Harris asked if anyone wished to address the Council on this vacation. No one did. MOTION: Case moved, seconded by Butcher, to close the public hearing; and adopt Resolution No. 2001-148 vacating part of the Drainage and Utility Easement over Lot 10, Block 1, Settlers Ridge 5th Addition. Motion carried 4-0. F. VACATION OF PART OF A DR4INAGE AND UTILITY EASEMENT OVER LOT 10, BLOCK 1, SETTLERS RIDGE 5TH ADDITION (19043 VOGEL FARM TRAIL), VACATION 01-09 (Resolution No. 2001-149) Jullie said official notice of this public hearing was published in the August 23, 2001 Eden Prairie News and was sent to three property owners. Jullie explained the owner of the property located at 19043 Vogel Farm Trail has requested this vacation to facilitate expansion of the deck area of the home proposed on this lot. Mayor Harris asked if anyone wished to address the Council. No one did. MOTION: Butcher moved, seconded by Case, to close the public hearing; and adopt Resolution No. 2001-149 vacating part of the Drainage and Utility Easement over Lot 10, Block 1, Settlers Ridge 5th Addition. Motion carried 4-0. VIII. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Butcher, to approve Payment of Claims. The motion was approved on a roll call vote, with Butcher, Case, Mosman and Harris voting M. ORDINANCES AND RESOLUTIONS X. PETITIONS, REQUESTS AND COMMUNICATIONS XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS cITYcomcLLMINuTEs September 18,2001 Page 6 XII. APPOINTMENTS Xm. REPORTS OF OF’F’ICERS A. REPORTS OF COUNCILMEMBERS 1. Star Mentor Program- Councilmember Mosman Mosman referenced a letter fiom LeaAnn Thielman, coordinator for the Star Mentor Program at Central Middle School. This is a voluntary program, which Thielman has tried to get started in the City Center in the past, but has not received much response. She asked the City Manager to determine how to coordinate that program and give employees the option ofjomg it. Mr. Jullie said he would do that. 2. Eradicating Weeds and Long Grass - Councilmember Mosman Mosman said letters and editorials have appeared in the local newspapers regarding the unsightliness of long grass and weeds, especially around the City’s main center area. She has been told the City has been looking into it and addressing it. She asked Gene Dietz for an update. Dietz. said he has received e-mails, and read letters and editorials dealing with the issues of weeds and maintenance of landscaping. Those concerns were the catalyst that implemented the request for the City to employ an additional staff person and equipment to deal with landscaping issues in the main center area of the City, and weed growth issues in the rest of the community. Dry conditions contributed to the weeds this year. He was not aware of any research to verify a relationship between weed growth and duration of pavement life, as suggested in some letters. City crews can put down herbicides, but that causes concerns for some residents. Dietz said he would find out what other communities are doing and have a plan ready to implement next spring. 3. OverlooMLookout Park Wayside- Councilmember Mosman Mosman said the Preservation Alliance of Minnesota earlier this year placed Lookout Park Wayside on its list of ten most endangered sites. The City recently submitted an application to the Minnesota Historical Society’s State Historic Preservation Office (SHPO) for National Register status for this site. Unfortunately, it was turned down, in large part because of the physical condition of the park. The trash, the vandalism, and the overgrown vegetation led the reviewer to write to the City, “. . . considering the wayside’s present state of integrity, the office cannot support its nomination.” However, she went on to say “Ifwork is done on the wayside that would reveal it to retain more historic physical integrity than it appears to have today, the documentation could be revised and updated with some modest effort.” 6 CITYcoUNm~s September 18,2001 Page 7 Mosman asked the Council to consider directing a clean-up effort. John Gertz, had attempted to organize this several times in the past and was turned down. Carl Jullie has said he would support a clean-up effort if the Council asks for it. The owner of the property, the Metropolitan Airports Commission (MAC), had given consent when Mi-. Gertz approached them last year. Butcher said she has been involved with this site for a number of years. A systematic clean-up has been tried before, but there needs to be regular patrolling of the site by police in order to keep vandals out. If a lot of the vegetation is removed, the police can do some surveillance fiom the road. There is historical value to some of the bushes that were planted when this site was constructed, so the removal of vegetation would have to be supervised by Mr. Gertz. Not long ago the site was believed to be eligible for National Register status, but now it is just on the edge of being eligible. It has been on the local register for some time and is very important to this whole region. Butcher said another problem is that people can access the site fi-om below. Lambert said there is a gun club below the site, and a renter living in the house at the end of Riverview Road. Butcher said the City should block off the entrance to that access, because people are driving up to the site and dumping off junk, and some are taking away limestone fiom the wall or defacing it. Blocking off the access is also a safety measure. Butcher believed a multi-pronged effort would be needed. There had to be a plan for how to go about securing the site and watching it, with MAC’S cooperation. Mosman said MAC had been cooperative in the past. The site has never been completely cleaned up and the undergrowth taken out. The Heritage Preservation Commission believe doing that would definitely help. After that is done, there needs to be a strategy for safety and security. Butcher said she believed there are other groups who may be partners in coordinating the restoration effort. Lambert verified that City staff is in the process of working with some other governmental agencies and groups that have an interest in preservation of the river valley and the sites there, as well as Lookout Park. Staff is in contact with them on a regular basis and is trylng to get one group to take a leadership role. Everybody recognizes they need to have a coordinated plan for cleaning up, securing and monitoring the site. City staff hopes to present a plan for restoration to the Council in the near future. However, if that drags on too long, the City could at least clean up the site so it would be easy to monitor, and the clean-up should be supervised by John Gertz. MAC’S permission would be needed. In the past MAC has said they want someone to take responsibility for monitoring the site, as they don’t want their property to become a party place again as it was in the past. 7 (sITycouNclLMINuTEs September 18,2001 Page 8 Butcher said she talked to Jim Clark about monitoring Lookout Park. He said they would step up efforts to include it on their route. He also talked about the Crime Fund. There are awards for notifying the police when there is a crime taking place, which may motivate people to report activity at the site. Butcher said there is a lot of loose limestone that has been knocked off the wall and is lying around the site, which the City has talked about putting in a secure location. She asked Lambert if that is still a possibility. Lambert said they can find a secure place to put it, but a significant part of the wall has been lost in the past few years. MOTION: Mosman moved, seconded by Butcher, to direct staff to organize a clean-up effort and a monitoring and safety plan at Lookout Park, contingent on the cooperation of the MAC, in an attempt to regain the integrity of the site for purposes of safety, preservation and stabilization, and possible resubmission for National Registry nomination. Discussion followed. Butcher suggested sending a letter to the Minnesota Historical Society fiom the City, outlining how much it means to the City to put Lookout Park on the National Register. The letter should also point out the site is not under our ownership, and let them know the City is making every effort possible at this time to secure that site, so they might review it again for National Register eligibility. Mosman said John Gertz would probably be willing to write that letter. Motion carried 4-0. MOTION: Butcher moved, seconded by Case, to have City staff write a letter to the Minnesota Historical Society, stating the City’s intentions and commitment for preservation of Lookout Park, and what the City has done in the past. Motion carried 4-0. . 4. Reaction bv the Council to Tragic Events - Councilmember Butcher Butcher said the horrific events of last week caused her to think about how the Council, as elected officials, should react to the public when something like this happens. She talked to other cities’ officials and councilmembers about this and they were thinking about the same thing. She wondered if the City should take out time on cable television for a memorial service. There is an administrative plan in place if there is an emergency, so she was talking about what the Council should be doing to be supportive of people’s emotional needs. Butcher said she talked to Jim Miller of the League of Minnesota Cities about this. He said the League has a publication that deals with this subject, which he will send her. 8 (sITycouNcrLMI[NoTEs September 18,2001 Page 9 Mayor Harris suggested including this publication in the Council’s packet. She said this is something that has never happened before, and people do seek reassurance and a way to express their own sorrow, rage, and other emotions. The Council should think about how the City might respond in the future. She asked Jullie to include it on the agenda for discussion at a Council Workshop. B. REPORT OF CITY MANAGER C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR E. REPORT OF PUBLIC WORKS SERVICES DIRECTOR F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR G. REPORT OF MANAGEMENT SERVICES DIRECTOR H. REPORT OF CITY ATTORNEY XIV. OTHER BUSINESS XV. ADJOURNMENT MOTION: Butcher moved, seconded by Case, to adjourn the meeting. Mayor Harris adjourned the meeting at 7:50 p.m. CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: October 2,2001 ITEM DESCRIPTION: SERVICE AREA/DMS1oN: 1 Clerk's License Application List Police / C.O.P. Unit ITEM NO.: mt Gretchen Laven These licenses have been approved by the department heads responsible for the licensed activity. Raffle Organization: St Francis Health Care Foundation of Shakopee, an Association Foundation of the Benedictine Foundation, Inc. a not-for-profit, 501(c) 3 tax-exempt organization Place: Bearpath Golf & Country Club Date: November 17,2001 -1- CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: October 2,2001 SERVICE AREA/DMSION: ITEM DESCRIPTION: ITEM NO.: Public Works Randy Slick/ Eugene A. Dietz Final Plat Approval of Bluff Country Townhomes Engineering Services 5' Addition Jz!lL*E. Requested Action Move to: Adopt the resolution approving the final plat of Bluff Country Townhomes 5th Addition Synopsis This proposal is a replat of Outlot H of Bluff Country Village. The plat consists of .23 acres to be divided into four townhome lots. Background Information The preliminary plat was approved by the City Council August 17,1999. Second Reading of the Rezoning Ordinance and final approval of the Developer's Agreement was completed on December 7, 1999. The resolution includes a variance to City Code 12.20 Subd.2.A waiving the requirement for final plat approval within six months of preliminary plat approval. Approval of the final plat is subject to the following conditions: Receipt of engineering fee in the amount of $288.00 The requirements as set forth in the Developer's Agreement Provide a list of areas (to the nearest square foot) of all lots, outlots and road right-of- ways certified by surveyor 0 0 0 Attachments Drawing of final plat RS:ssa CITY OF EDEN PRAIRIE HE"EPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING F"AL PLAT OF BLUFF COUNTRY TOWNHOMES 5TH ADDITION WHEREAS, the plat of Bluff Countxy Townhomes 5* Addition 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 Bluff Country Townhomes 5th Addition is approved upon compliance with the recoinmendation of the City Engineer's report on this plat dated October 2,2001. B. Variance is herein granted fkom City Code 12.20 Subd. 2.A. waiving the six-month maximum time lapse between the approval date of the preliminary plat and filing of the final plat as described in said engineer's report. C. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdivision of the above named plat. D. 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 October 2,2001. ATTEST: Jean L. Harris, Mayor SEAL Kathleen A. Porta, City Clerk a d 3 3 c CITY COUNCIL AGENDA SECTION: Consent Calendar SERVICE AREA/DMSION: Public Works Engineering Services Randy Slick/ Eugene A. Dietz DATE: October 2,2001 ITEM DESCRIPTION: ITEM NO.: Final Plat Approval of Bluff Country Townhomes 6fh Addition OlTT ,e, Requested Action Move to: Adopt the resolution qpprovhg the fhal plat of Bluff Country Townhomes 6th Addition Synopsis This proposal is a replat of Outlot I of Bluff Country Village. The plat consists of .23 acres to be divided into four townhome lots. Background Information The preliminary plat was approved by the City Council August 17, 1999. Second Reading of the Rezoning Ordinance and final approval of the Developer’s Agreement was completed on December 7, 1999. The resolution includes a variance to City Code 12.20 Subd.2.A waiving the requirement for final plat approval within six months of preliminary plat approval. Approval of the final plat is subject to the following conditions: , 0 Receipt of engineering fee in the amount of $288.00 0 The requirements as set forth in the Developer’s Agreement 0 Provide a list of areas (to the nearest square foot) of all lots, outlots and road right-of- ways certified by surveyor Attachments Drawing of final plat RS:ssa CITY OF EDEN PRAIRIE HENNJZPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF BLmF COUNTRY TOWNHOMES 6= ADDITION WHEREAS, the plat of Bluff Country Townhomes 6th Addition 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 Bluff Country Townhomes 6th Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated October 2,2001. B. Variance is herein granted fiom City Code 12.20 Subd. 2.A. waiving the six-month maximum time lapse between the approval date of the preliminary plat and filing of the final plat as described in said engineer's report. C. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdivision of the above named plat. D. 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 October 2,2001. ATTEST: Jean L. Harris, Mayor SEAL Kathleen A. Porta, City Clerk a E I 5 B i S z CITY COUNCIL AGENDA SECTION: Consent Calendar SERVICE AREA/DMSION: Public Works Engineering Sewices Randy Slick/ Eugene A. Dietz ITEM DESCRIPTION: Final Plat Approval of Alm Eden Heights Addition DATE: October 2,2001 ITEM NO.: m -D, Requested Action Move to: Adopt the resolution approving the final plat of Alm Eden Heights Addition. Synopsis This proposal is located at 16480 Hilltop Road. The plat consists of 2.06 acres to be divided into two single family lots. An existing two-story home on Lot 1 and Lot 2 is currently vacant. This is a replat of Lot 11, Block 1, Eden Heights. Background Information The preliminary plat was approved by the City Council August 7,2001. Second Reading of the Rezoning Ordinance and final approval of the Developer’s Agreement was completed on September 4,2001. Approval of the final plat is subject to the following conditions: 0 0 0 Receipt of engineering fee in the amount of $288.00 Receipt of street lighting fee in the amount of $265.00 The requirements as set forth in the Developer’s Agreement Attachments Drawing of final plat RS:ssa I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING F"AL PLAT OF ALM EDEN HEIGHTS ADDITION WHEREAS, the plat of Alm Eden Heights Addition 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 Ah Eden Heights Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated October 2,2001. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdividers 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 October 2,2001. ATTEST: Jean L. Harris, Mayor SEAL Kathleen A. Porta, City Clerk a -. 3 .: Y a c - h El z 3 CITY COUNCIL AGENDA Public Works Services Authorize Professional Services Agreement Requested Action Moveto: Approve Professional Services Agreement with TKDA for design and construction administration to add adjustable speed drives to existing well motors at Well Nos. 3,4,5 and 6 in an amount not to exceed $29,000.00 Synopsis Over the past four years, we have added adjustable speed drives to each of the wells in our system and this represents the final four to be completed. Adjustable speed drives or variable speed drives allow the well motors to start with a lower power demand and provides a higher flexibility and operational control of the system. Background Information Adjustable speed drives are included in all of our new well designs and over the past four years we have been retrofitting existing wells for the following benefits: 0 0 0 Excel Energy offers a rebate program due to energy conservation available for lowering the power demand to start the well motors. Due to the lower power demand, it keeps the electrical rates at the lowest possible cost. Adjustable speed drives allow the flexibility to optimize the capacity of our well field. These final four installations are included in the approved Capital Improvements Budget for the Utility Enterprise System. Staff recommends authorization of the design services fiom TKDA. Attachments Agreement TKDA TOLTZ, KING, DUVALL. ANDERSON AND ASSOCIATES, INCORPORATED ENGINEERS ARCHITECTS PLANNERS 1500 PIPER JAFFRAY PLAZA 444 CEDAR STREET SAINT PAUL, MlNNESOTA55101-2140 . PHONE 651/292-4400 FAX: 651/292-0063 September 21,2001 Mr. Ed Sorensen Utilities Superintendent City of Eden Prairie - Utilities Division 14100 Technology Drive Eden Prairie, Minnesota 55344-2260 Re: - Revised Proposal for Engineering Services .. Design of Adjustable Speed Drives for Wells No. 3 through 6 City of Eden Prairie, Minnesota Dear Mr. Sorensen: . Pursuant to communications with Mr. Verne Jacobsen, we propose to provide Engineering Services to the City of Eden Prairie in connection with the Design of Adjustable Speed Drives for existing Well Motors for Well Nos. 3,4,5, and 6; and for providing Construction Administration Services, hereinafter called the Project. Our services will be provided in the manner described in this Proposal subject to the terms and conditions set forth in the attached Tity of Eden Prairie General Conditions of Consultant Agreement” dated February 2001. ~ Hereinafter, the City of Eden Prairie is referred to as the OWNER. I. PROJECT DESCRIPTION The Project shall consist of working with the OWNER to: A. Select equipment. B. Develop Project construction schedule. C. Secure funding approval for adjustable speed drives and/or motors from Xcel Energy, if applicable. An Equal Opportunity Employer 2 * MI. Ed Sorensen City of Eden Prairie Revised Proposal - Design of Adjustable Speed Drives for Wells No. 3 through 6 September 21,2001 Page 2 D. Prepare Contract Documents (plans and specifications) which will be used to secure competitive bids. E. Provide Construction Administration Services as required to complete the Project in a timely manner. II. SERVICES TO BE PROVIDED BY TKDA Based on TKDA’S understanding of the Project, we propose to provide the following services: A. DESIGN 1. Determine the application of Xcel Energy rebate programs to assist with funding of improvements. Prepare application forms as required. 2. ,*. 3. 4. 5. 6. 7. 8. 9. Review existing operational data, electrical costs, and electrical rates available for use. Provide OWNER with recommendation regarding electrical use and costs. In conjunction with the OWNER’S staff’ discuss preferences for equipment, controls, specific design requirement, efficiencies, and selection. In conjunction with the OWNER’S staff, prepare a construction schedule and incorporate schedule into the Project specifications. Prepare Contract Documents (plans and specifications) for purchase and installation of adjustable speed drives and motors (if applicable) in Well Pumphouses No. 3,4,5, and 6. Prepare Opinions of Probable Cost for construction. Provide additidnal Project design services as required. Includes submittal of Contract Documents for State of Minnesota approval, attendance at meetings with the OWNER’S Staff and City Council, and providing general Project support. Prepare 20 sets of Contract Documents for the OWNER’S use in obtaining competitive bids for the Project. Provide information regarding the Project to prospective bidders and conduct a pre-bid meeting at the Project site for prospective bidders. 3 Mi. Ed Sorensen City of Eden Prairie Revised Proposal - Design of Adjustable Speed Drives for Wells No. 3 through 6 September 21,2001 Page 3 B. CONSTRUCTION ADMINISTRATION 1. Bidding Phase During the Bidding Phase, TKDA will: a. Prepare required addenda. b. Prepare bid tabulation to assist OWNER in evaluating bids and in assembling and awarding contracts. 2. Construction Phase - General Services . During the Construction Phase, TKDA shall provide the following general services: .. . . a. b. C. d. e. Consult with and advise OWNER and act as OWNER'S representative as provided in the Contract Documents. Attend and assist OWNER with pre-construction conference to be attended by the Contractor, OWNER and others as may be requested by the OWNER. Make visits to the site to observe the progress and quality of the executed work of the Contractor and to determine, in general, if such work is proceeding in accordance with the Contract Documents. Review and approve (or take other appropriate action with respect to) Shop Drawings (as that term is defined in the Contract Documents), samples, and other data which Contractor is required to submit, but only for conformance with the design concept of the Project and compliance with the information given in the Contract Documents. Such reviews and approvals or other action shall not extend to means, methods, techniques, sequences or procedures of construction or to safety precautions and programs incident thereto. Based on TKDA'S on-site observations, determine payments to Contractor in such amounts as is appropriate; such recommendations of payment will constitute a representation to the OWNER, based on such observations and review, that the work has progressed to the point 4 Mr. Ed Sorensen City of Eden Prairie Revised Proposal - Design of Adjustable Speed Drives for Wells No. 3 through 6 September 21,2001 Page 4 indicated, and that, to the best of TKDA'S knowledge, information and belief, the quality of such work is in accordance with the Contract Documents. f. Conduct a final inspection of the work to determine if the Project appears to have been completed in accordance with the Contract Documents and if the Contractor has fulfilled all of his obligations thereunder, so that TKDA may recommend, in writing, final payment to Contractor and may give written notice to OWNER and the Contractor that the work is acceptable (subject to any conditions therein expressed). Provide Project coordination, attend and observe initial start-up of all major equipment, coordinate operator training, document construction changes, and provide OWNER with five copies of the final record drawings. g. .. . h. TKDA shall not have control or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with'the Work, for acts or omissions of the Contractor, Subcontractors or any other persons performing any of the Work, or for the failure of any of them to carry out the Work in accordance with the Contract Documents. III. ADDITIONAL SERVICES If authorized by you, we will furnish or obtain from others Additional Services which are not considered as basic services under this Proposal. Additional Services shall be billable on an Hourly Rate basis as defined in SECTION 13 ofthe attached General Provisions, and such billings shall be over and above any maximum amounts set forth in this Proposal. IV. OWNER'S RESPONSIBILRIES The OWNER'S responsibilities shall be as set forth in SECTION 2 ofthe attached General Provisions and as further described or clarified hereinbelow: A. Provide access to the OWNERS files, records, and data pertaining to the Project. 5 Mr. Ed Sorensen City of Eden Prairie Revised Proposal - Design of Adjustable Speed Drives for Wells No. 3 through 6 September 21,2001 Page 5 B. C. D. E. F. G. Provide reasonable access to the OWNERS facilities included in the Project. Provide input, review of submitted plans and specifications, and assistance in scheduling to accommodate construction of the Project. Provide plans on existing Well Pumphouses and equipment. Permit application fees. Publication costs associated with advertising for construction bids. Provide any additional services made necessary due to working day suspension or extension of number of working days beyond those specified in the Contract Documents. V. PERIOD OF SERVICE .*. We would expect to start our services promptly upon receipt of your acceptance of this Proposal and to complete SECTION 11 services with substantial completion and start-up on or before November 15,2002, and Project completion on or before December 6,2002. VI. COMPENSATION Compensation to TKDA for services provided as described in SECTION II of this Proposal shall be on an Hourly Rate basis as described in SECTZON 4 ofthe attached General Provisions for an estimated amount of $29,000. The level of effort required to accomplish SECTION 11 services can be affected by factors which are beyond our control. Therefore, if it appears at any time that charges for services rendered under SECTION II will exceed $29,000, we agree that we will not perform services or incur costs which will result in billings in excess of such amount until we have been advised by you that additional funds are available and our work can proceed. 6 Mr. Ed Sorensen City of Eden Prairie Revised Proposal - Design of Adjustable Speed Drives for Wells No. 3 through 6 September 21,2001 Page 6 VII. CONTRACTUAL INTENT We thank you for the opportunity to submit this Proposal and are willing that this letter and attachments constitute a contract between us upon its signature by an authorized official of the City of Eden Prairie and the return of a signed copy to us. We look forward to serving the City of Eden Prairie on this Project. If there are any questions regarding this Proposal, please do not hesitate to contact us. Richard N. Sobiech, P.E. IC. PresidenVCEO n Verne E.bacobsen, P.E. Project Manager ACCEPTED FOR THE CITY OF EDEN PRAIRIE, MINNESOTA Title Mayor BY. City Manager Date Date RNS:VEJadh ATTACHMENT: “City of Eden Prairie General Conditions of Consultant Agreement” dated February 2001 CJTY OF EDEN PRAIRIE GENERAL CONDITIONS Consultant Agreement SECTION 1: PROSECT INFORMATION 1.1 City will provide to Consultant aLl hown information regarding existing and proposed conditions of the site or which affects the woxk to be performed by Consulbat. Such information shall include, but not be limited to site plans, surveys, kno~m hazardous waste or conditions, previous laboratory analysis results, written reports, soil bohg kg3 and applicable regulatoIy site response (Project Information). 1.2 City will transmit to Consultant any additions, updates, or revisions to the Project Information as it becomes available to City, its subcontractors or consultants. 1.3 City will provide an on-site representative to Consultant within 24 hours upon request, to .aid, define, Supervise, or coordinate woxk or Project Information a9 requested by Consultant. t .4 Consultant will not be liable for any decision, conclusion, recommendations, judgement or advice based on any jnaccwate information furnished by City, or other subcontractors or consultants engaged by City. SECTfON 2: SlTE LOCATION, ACCESS, PERMITS, ARRIROVAILS AMD u’ITw[1cLEs 2.1 City will indicate to Consultant the property ljnes of the site and assume responsibility fox accuracy of markers. 2.2 City will provide for right-of-way for Consultant personnel and equipment necessazy to perform the work 2.3 City will be solely responsible for applying for and obtaining permits and approvals necessazy for Consultant to perform the work. Consultant will assist City in applying for and obtaining such permits and approvals as needed. It is understood that City aurhorizes Consultant to act as agcnt for City for City’s responsibilities under this section including Signing certajn forms on City’s behalf such as Right-of-way forms. 2.4 While Consultant will take reasonable preaautions to mbimize any damage to properly, it is undeatood by Cily tbar in the nod course of the work some damage may occur. The correction of any damage is the responsibility of C!i!y or, at City‘s direction, the damage may be corrected by Consultant and billed to City at cost plus 15%. Nohvithstanding the above, Consultant agms IO be responsible for daniage caused by Consultant‘s negligence. 2.5 City agrees to reader reasonable assistance requested by Consultant to enable performance of work without delay or mtderence, and upon request of Consultant, to provide a suitable workplace. 2.6 City will be responsible for locating and identifying all subterranean structures and utilities. Consultant will take reasonable precautions to avoid damage or injury to subterranean mctures and utilities identified and located by City andor representatives of Utility Compa.uk. SECTION 3: SAMPLES Not ApplicabIe SECTION 4: 1FIE)E PAYMENT / CLAXMS 4.1 Consultant will submit invoices to City monthly, and a final invoice upon completion of work. Invoices will show charges based on &e currcnt Consultant Fee Schedule or other documents as attached. 4.2 To receive any payment on this Contract, the invoice or bill must include the following signed and dated statement: “I declare undorpenalty ofperjury that this account, claim, or demand is just and oonect and that no part of it has been paid.” * 4.3 The balance stared on the invoicc shall be deemed correct unless City noses Consultar, in writing, of the particulax item that is alleged to be inconect within ten (IO) days from the invoice date. Consultant wjll review the alleged incorrect item within ten (10) days and either submits a corrected invoice or a statement indicating the origjnal amount is correct. 4.4 Payment is due upon receipt of invoice (or oorrected hvoicc) and is past due sixty (60) days from invoice date, On past due accounts, City will pay a finance charge of 1.5% per momh on the unpaid balance, or the mximwon. allowcd by law, whichever is less, until invaice is fully paid. 4.5 If €I& ro pay Consultant within skfy (60) days following invoice date, Consultant may deem the default a breach of its agrement, terminate the agrement, and be relieved of any and all duties under fhe agreement. City however, will not be relieved of Fee Payment responsibilities by the default or termination of the agreement. Gry of Eden Prairie Gen~rd Condlfionr Consultnnf Agreement Febnaaty 2001 Pqc I of4 8 . 4.6 Ciry will be solely responsible for applying for and obtaining any applicable compensation fuod reimbursements from various state and federal programs. Consultant may assist City in applying for OI meeting notification requirements, however. Consultant makes no representstions or guarantees as to what fhd reimbursement City may reoeive. Comdtsmt shd not be liable for any reductions from reimbursement programs made for any reason by sme or federal agencies, except as may be caused by Consultads negligence. 4.7 City may withhold from ay final payment duc the Consulrant such amounts as are incurred or expended by the City on account of &e tennination of the Contract. SECTION 5: OWNERSHIP OF DOCUPUX3ENTS 5.1 Consultant will deliver to City cain reports as instruments of thc professional work or services performed pursuant to this Agreement. All reports are intended solely for City, and Consultant will not be liable for any intapretations made by others. 5.2 City agrees that all reports aud other work hished to City, or City's agents orxepresentatives, which are not paid for, will be returned to Consultant upon demand and will not be used by City for any purpose. 5.3 Unless othcrwise agreed, Consultant will retain all pertiynt records ar reports concerning work and services performed for a period of at least two (2) years afta report is submitred. During that time the records wiU be made available to City during Consultant's normal business hours. City may obtain reproducible copies of all software, mmuals, maps, drawings, logs and reports at cost, plus 15%, for data and materials not bebg provided as part ofthe scope of work for the project. 5.4 City may use the Consultant report in its en&ety and may m&e copies of the entire report available to others, However, City shall not makc disclosure to others of any portions or excerpts of a report constituting less thap the entire report, or to mislead others by omitting certain aspects containtd in the report. 5.5 Consultant will consider Project Information as confidential and will not disclose to third parties information that it acquires, uncovers, or generates in the COWSF of ptrfoming the work, except as and 10 the extent Consultant may, in its sole discretion, deem itself required by law to disclose. 6.1 In the event of a breach of Contract by City, the Consultant shallaot be mtitled to recover punitive, special or consequential damages or damages for loss of business. 6.2 City will pay nll reasonable litigation or collection expcnses including attorney fee9 that Consultant incurs in collecting any delinquent amount City owes under this agreement 6.3 If City instimas a suit against Consultant, which is dismissed, dropped, or for which judgement is mdcred for Consultant, City will pay Consultant for all costs of defeme, including attorney fees, expcrt wimess fees and court costs. 6.4 If Consultant institutes a ~t against City, which is dismissed, dropped, or for which judgement is,rendered for City, Consulmt will pay City for all costs of deftme, including attorney fees, e,xpert witness fees and court costs. 6.5 Dispute Resolution Mediation All claims, disputes and other matters in question (hereinafter "claim") betwccn the parties to this Agreement, ding out of or relathg to tbis Agreement or the breach thereof, shall be subject to mcdiation If the parties have not resolved the dispute wirhin thirty (30) days of receipt of a written complains, each party may require the dispute be submitted for mcdiation. If the parties are unable to agree on a mediator within ten (10) days following a request for mediation, either party my request thar a mediator be appoinwd by the Fourth Judicial Dis~ct Court. The parties ape to he equally all fees incurred in the mediation. The parties shall submit 10 mediation for a minimum of cight (8) hours. The parties agree that the mediation proceedings are private and confidential. If, at the end of eight hours of mediation, the parties have not resolved the disputc, the parties may agree to extad hours of mediation. $5.2 Arb- At the option of the party asserting the same, a claim between rhe parties to this Agreement, arising out of or xelating to this Agreement or the breach thereof, whereby the party or parties asserting the same claims entitlemexn to damagcs or payment of less than $25,000.00 in aggregate may be decided by arbitration in accordance with the Co~~Dstnrccion 1ndusb-y Arbitration Rulcs of the Amedcan Arbitration Association then existing unless the parties mutually agree otherwise. In the event any person shall commence an actioa in any oourt for any claim arising OUI of or relating to this Agreement or the breach thereof or the Project or construction thereof or any contract for such construction, the party making a claim in arbinstion may dismiss such proceedings Ciy ojEden Prairie General Condfflons Consultant Rgreemenr February ZOO1 Page 2 Of 4 (unless the hearing on the claim has commenced) and elect to asscrt its claim in such action if such party could have done so but for the provisions of this Paragraph. ’xbe parties agree to bear equal responsibility for the fees of AAA, including the arbitrator(s). Judgement upon the award rcndered by the arbikaror(s) may be entered in any court having jurisdiction thexeof. In the event that arbitration services are nor available fiom AAA, either party may request thar an arbitrator bc appointed by the Fourth Judicial District Cod. 6.5.3 r-anct The parties deem the dispute resolution procedure as set forth hatin to be an integral and essential part of this Agreement. A party’s failure to comply in all respects with this procedure shall be a substantial breach of this Agreement. The arbitrator(s) shall bc authorized to asess costs and attorney’s fees againsr a party that has failed to comply with the procedure in all respects, and, may as a condition prcccdent to arbitration, require the parties to mediate in accordame with Section 6.5.1 hereof. indcmne and hold Consultant hamless fiom and against demands? damages, and expenses caused by Cityts negligent acts and omissions, and breach of confract and those acts, omissions, md breaches of persons far whom City is legally responsible. SECTION 9: INSURGNCE /WORKER’S COMPENSATION 9.1 Consultant repxesents and warrants that it has and will maintain during the performance of this agreement Worker’s Compensation Insurance coverage required pursuant to Minn Stat. 176.18 1, subd. 2 and that the Cemficate of Insumce or the written order of the Commbsioncr of Commerce permitting self insurance of Worker’s Compensation Iasuraace coverage provided to the Ciy prior to execution of this agreement is ament and in force and effect. 9.2 Consultant shall procure and maintain professional liability iuswancc for protection from claims arising out of professional services caused by any negligent act, error or omission for which Consultant is legally liable. 9.3 Certificate of insurance will be provided to City upon request SECTION 10: T’ERMIIVATION SECTION 7: STANDARD OF CARE 7.1 Consultant’s opinions, conchuions, recommendations, and rcport, if my, will be prcparcd in accoxdancc with the City’s Request for Proposal and Consulrant’s proposal and no warranties, repxscntations, guarantcos, or c&cations will be made. Except that Consultant warrants that hardware and software will perform as repxesented in their proposal and othex parts of this agreement. 7.2 Although data obtained from discrete sample locations will be used to infer conditions betwem sample locations no guaraniee may be givcn that the inferred oonditions exist because soil, surface and groundwater quality conditions between saniplc locations may vary significantly, and because anditions at the time of sample collection may also yay significantly with respect to soil, surface water and groundwater quality at any other given time and for other reasons beyond Consultant‘s control. 7.3 Consultant will not bc responsible or liable for the interpretation of its dam or xeport by others. SECTION 8: GENERAL INDEbINIFICATION 8.1 Consultant will indemnify and hold City harmless from and againsf demands, damages, and expenses caused by Consultant‘s negligent acts and omissions, and breach of contract and those negligent acts, omissions, and breaches of persons for whom Consultant is legally qonsible. City will 10.1 The agreement bctween Consultant and City may be termhated by either paxty upon thirty- (30) days mitten notice. . 10.2 If the agreement is terminated prior to completion of the project, Consultant will receive an equitable adjustmat of compensation. SECTION 11: ASSXGNMXNT 11.1 Ntither party may assign duties, rights or interests in the performance of the work without obtaining the prior w-ritren oonsent of the other party, which consent will not be unreasonably withhcld. SECTION 12: DELAYS 12.1 If Consultant is delayed in performance due to any caws8 beyond its reasonable control, including but not limited to s&es, riots, frres, acts of God, govemcnral actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a pexiod of time lost by reason of the delay. Comultant will be entitled to payment for its reasonable additional chsrges, if any, due tu the delay. SECTION 13: EXTRA WORK 13.1 Extta work, additional Compensation for same, and extension of time for completion shall be covered by writtcd mendmeat ’O this agreement prior to proceeding with any extra work or related Cfty ojEderc Prairic General Cotidifions Consulrant Agreement Fcbruav 200I Page 3 of 4 lo expenditures. SECXIOPI 19: CONEWCTS SECTION 14: WI'X'HHOLSING TAXES 14.1 No final payment shall be made to the Consultant until rhe Consultant has provided satisfactory evidence to the City that the Consultant and each of its subcontracts has complied with the provisions of Minn. Stat. 290.92 relating to witlholding of income taxes upon wages. A certificate by the Commissioner of Revenue shall satisfy this requircmcnr. SECTION 15: AUDITS 15.1 The books, records, documents and aacounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to exambation by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effeciive date of this Contract. SECTION 16: PAYMENT TO SUBCONTRACTORS 16.1 Thc Cansultant shall pay to any Subcontractor within ten (10) days of the Consultant's receipt of payment from the Qty for undisputed services provided by the Subcontractor. The Consultant shall pay interest of one and a half percent (1-112%) per month or any part of a month to a Subcontractor on any undisputed amount not paid on time to the Subcontractor. The minimum monthly hterest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Consultant shall pay the actual amount due to the Subcontractor. SECTION 17: DATAPXWCTICES ACT COMPLIANCE 17.1 Thc Consulrant shall at all times abide by Miaa. Stat. 13.01 et seq., the Minnesota Government Data Practices Act, to the extent the Act is applicable to data and documents in the possession of the Consultant. ' SECILION 18: PXSCRIMINATION Ln performance of this contract, the Consultant shall not disc-ate on the grounds of or because of race, color, aced, religion, national on& sex, marital status, sratus withregards to public assistance, disability, sexual orientation, or age against any employee of the Consultant, any subcontractor of the Consultant, or any applicant for employment. The Cansultsnt shall include a similar provision in all contracts with subcontraorors to this Contracr. The Consultant further agrees to comply will a31 aspects of the Mianesota Human Rights Act, Minn. Star. 363.01, et seq., Title W of thc Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. No salaried officer or anployee of the City and no member of the Board of the City shall have a financial interest, dire01 or indirect, in this contract. The violatioa of this provision renden the Contract void. Any federal regulations and applicable state statutes shall not bc violated. SECTION 20: EN- AGWEMJZNT 18.1 This Agreement contain3 rhe entire undexstanding between the City and Consultant and supmcdes any prior mitten or oral agreements between them respecting the wxitten subject matter. There are no representations, agreanmts, anangements or understandings, oral or wxitten between City and Consultant relating to the subject matter of this Agreement which am not hlly expressed herein. 18.2 Thc agrement between Consultant and City may bc modifxed only by a writren amendment executed by both City and Consulmt. 18.3 This agreement is governed by the laws of the State of Minnesota. Cip ofEden Prairie General Coitdirions Consulram dgrtement Feebrrmry 2001 Page 4 of 4 CITY COUNCIL AGENDA SERVICE AREADMSION: Engineering Services Mary Krause Eugene A. Dietz ITEM DESCRIPTION: I.C. 52-157 Award Contract for Riverview Road Storm Sewer Improvements DATE: October 2,2001 ITEM NO.: v7 .F I Requested Action Move to: Award contract for Riverview Road Storm Sewer Improvements to Kober Excavating, Inc. in the amount of $152,973.50. Synopsis Three bids were received as shown on the attached Summary of Bids. This project will construct the storm sewer in Riverview Road and Purdy Road which will relieve erosion problems and provide storm sewer facilities for future Riverview Road Improvements. Background Information The award of this contract will construct storm sewer within Riverview Road between Parker Drive and Purgatory Creek and to add a catch basin in Purdy Road in accordance with a settlement agreement between the City and Joseph and Loretta Swanson. The improvements will be paid for from the storm water utility fund. Attachments Summary of Bids I Suh4MAR.Y OF BIDS City of Eden Prairie I.C. 52-157 DESCRIPTION: Riverview Road and Purdev Road Storm Sewer Improvements BIDS OPENED: September 20,2001 CONSULTING ENGINEER: Hansen Thorn Pellinen Olson Inc. CHECKED BY: Hansen Thorp Pellinen Olson Inc. BIDDER BID SECURITY TOTAL BASE BID TOTAL ALTERNATE BID Kober Excavating, Inc. Yes CDP Sewer & Water, Inc. Yes Design Excavating, Inc. Yes $152,973.50 $177,898.58 $185,3 16.00 $144,753.50 $170,238.58 $174,00 I .OO Engineering Surveying Landscape Architecture 7510 Market Place Drive Eden Prairie, MN 55344 952-829-7806 fax 952-829-0700 September 25,2001 City of Eden Prairie 8080 Mitcheil Road Eden Prairie, MN 55344 Attn: Alan Gray, P.E. Re: Construction Bids for Riverview Road and Purdey Road Storm Sewer Improvements I.C. 52-157 Dear Mr. Gray: Bids were received and opened at 1O:OO a.m. on Thursday September 20,2001, for the above referenced project. The bids are shown on the attached Summary of Bids. The Engineer's Estimate was $140,177.00. The low bidder, Kober Excavating; Inc. came in 9% above the Engineer's Estimate at $152,973.50 for the base bid. An alternate bid of $144,753.50 was provided for use of polyethylene pipe in lieu of concrete pipe. Recommendation is made that the City Council award Improvement Contract 52-1 57 to Kober Excavating, Inc. for the base bid amount of $ 152,973.50. This recommendation considers that the City Council reserves the right to waive minor irregularities and fiuther reserves the right to award the contract in the best interests of the City. Respectfilly, HANSEN THORP PELLINEN OLSON, INC. 7. Laurie A. Johns&, P.E. LAktlb enclosures 3 CITY COUNCIL AGENDA SECTION: Consent Calendar SERVICE AREA/DMs1oN: Public Works Service Area Leslie Stovring Fund Grant Application Through Eugene Dietz ITEM DESCRIPTION: Municipal Waste Abatement Incentive DATE: October 2,2001 ITEM NO.: Requested Action Move to: Synopsis A Municipal Waste Abatement Incentive Fund Grant Application has been prepared for submittal to Hennepin County for production of an educational CD-ROM on recycling. The CD-ROM will be aimed at children in middle to high school for use at the Environmental Learning Center as well as in classroom settings. The total project cost is $69,825 if the grant is approved. The fimding will be as follows: Authorize the Mayor and City Manager to sign a Municipal Waste Abatement Incentive Fund Grant Application with Hennepin County in the amount of $44,875. 0 0 0 0 $44,875 - Hennepin County Grant Application $4,800 - Salary expenses for Environmental Coordinator $2,150 - City matching for production expenses $8,000 - Hamline University matching contribution $10,000 - Metropolitan Council grant to Hamline University Background In 1999 the Hennepin County Board of Commissioners established a Municipal Waste Abatement Incentive Fund in the amount of $100,000. The intent of the fund is to increase residential waste abatement rates. This CD-ROM will be aimed at increasing education and awareness of recycling themes. The CD-ROM will be a collaboration between Hamline University’s Center for Global Environmental Education (CGEE), the Minneapolis College of Art & Design (MCAD) and the City of Eden Prairie. Representatives fiom the Eden Prairie School District will be asked to participate in the planning and design of this CD-ROM also. The proposed “Big Foot” CD-ROM production is a continuation of the educational theme presented in the City’s “Big Foot” video which will be finalized this year. The primary audience for this program is middle to high school students. Details on ways that students and communities can reduce waste, reuse materials, and recycle to reduce the size of our ecological footprint will be included. The CD-ROM will provide a versatile, more in-depth learning tool for students and teachers alike. The CD-ROM will also be distributed with the “traveling recycling education lm&” which is being constructed under a separate grant application through the City of Plymouth in coordination with other west suburban Cities, including Eden Prairie. Attachments 0 Municipal Waste Abatement Incentive Fund Grant Application I Municipal Waste Abatement Incentive Fund Grant Application- 2001-02 Application Due - 5:OO p.m., Wednesday, October 10,2001 Mail Signed Copv to: DanRuiz ‘ Hemepin County Dept. of Environmental Services 417 N. 5* St., Suite 200 Minneapolis, MN 55401-1309 E-mail Copv (if possible) to: dan.ruiz@co.hennepin.mu.us Amlicant Information: Municipality: City of Eden Prairie Contact Person: Leslie A. Stovrina Title: Environmental Coordinator Address: Public Works Department.. 8080 Mitchell Road Phone: 952-949-8327 Fax: 952-949-8390 E-Mail: lstovrin&3ci.eden-prairie.mn.us Grant Request:$44.875 Matching Funds:$14.950 Total Project Cost: $59.825 Authoriziny Sigature: The signature of a person who has the authority to enter into a contract with Hemepin County on behalf of the municipality (Mayor, City Manager / Administrator / Clerk). City, State, Zip: Eden Prairie. MN 55344-4485 Name (Typed or Printed): Signature: Title: City Manager Carl Jullie Project Title: Eden Prairie ‘’Big: Foot” Educational CD-ROM Project Project Description: Please provide a brief, one page or less, project description. The project description should address any project collaborators, the timeline in which the project will be completed, the expected outcome of the project and the key individuals participating in project activities. The proposed “Big Foot” CD-ROM production is a continuation of the educational theme presented in the City’s “Big Foot” video which will be finalized this year. The CD-ROM will provide a versatile, more in-depth learning tool for students and teachers alike. This CD-ROM will not only provide more educational enrichment in the topic of our ecological footprint, but will also provide students opportunities to assess the size on their own individual footprints. The ,activities will encourage thought on the implications of their ecological impact on the planet and the value of reducing, reusing and recycling what they use in their everyday lives. The CD-ROM will be a collaboration between Hamline University’s Center for Global Environmental Education (CGEE), the Minneapolis College of Art & Design (MCAD) and the City of Eden Prairie. Key individuals will include John Shepard, CGEE Assistant Director, Mr. Lester Shen, Director of the MCAD Visualization Program, and Leslie Stovring, Eden Prairie Environmental Coordinator. Students fiom the Eden Prairie School District will be solicited for the production to give it a greater ‘kid appeal.” The CD-ROM will be shot in a location-generic format so that School Districts outside of Eden Prairie would be able to utilize the video in their classrooms. For example, the video could be used by area Recycling Coordinators for guest speaking engagements at schools and could be included in the Recycling Tool Kits currently being developed through another Grant with Hemepin County. The primary audience for this program is middle to high school students in a classroom setting. The Big Foot CD-ROM will provide users with approximately 50 to 60 minutes of engaging interactivity. It will use fun, informative interactions and media elements to engage users with fundamental concepts related to the ecological footprint and how this relates to sound urban land- use planning. Details on ways that students and communities can reduce waste, reuse materials, and recycle to reduce the size of our ecological footprint will be included. The CD will be created as a curriculum resource for teachers that can be used as a presentation tool and as a learning experience for individual users and small groups of students. A Big Foot character (an actor dressed in a suit made up of recyclable garbage) will be created as a focal point for the CD-ROM. The structure of the program will be organized around the themes of the Big Foot video. This video introduces the concept of the ecological footprint and compares average lifestyle impacts in ‘America with those of other countries. Examples of elements proposed for the CD-ROM are: Video segments taken from the Big Foot video. 0 Video segments on efficient land use strategies in urban areas. 0 Strategies to help users consider the implications of their actions by thinking of the information they’ve viewed in new contexts. Interactive worksheet for calculating the size of their family’s ecological footprint and to compare it with national averages and footprints common in other countries. 0 Interactives on strategies for reducing your footprint by reducing, reusing, and recycling. 0 Connections with graduation standards in mathematics, earth science, and social studies. We anticipate that the script writing and review will begin in January 2002 with production of the video and educational sequences to occur during the summer of 2002. Final editing is projected to be completed by November 2002. Additional funding will be required in 2003 to develop additional materials for the CD-ROM. This would include a Teacher’s Guide and scheduling and design of a class for teachers on how to use the CD-ROM to teach students and how to use the materials to meet graduation standards. We would also hold an Open House to present the video and CD-ROM to area educators. It is estimated that this would be approximately $22,000. Proiect BudFet: Provide a detailed budget including expenses for staff, printing, copying, mailing, equipment, materials, etc. If the project cost is over $25,000, you must identify the nature and source of matching funds. The following table outlines the cost estimate for this scope of work. Hamline University’s Center for Global Environmental Education (CGEE) will be a subcontractor for the City of Eden Prairie. The City intends on handling all billings and payments for the video production and course development. A separate check would not need to be submitted to Hamline University for this project. 3 I C I 4 5 CITY COUNCIL AGENDA SERVICE AREALDMSION Engineering Services Randv Newton ITEM DESCRIPTION I.C. 95-5372 Interim Improvements to Prairie Center Drive / West 78' Street Traffic Simal DATE: October 2,2001 ITEM NO.: mJ3-t. Requested Action Move to: Approve implementation of interim improvements to the Prairie Center Drive / West 78' Street Traffic Signal and the associated pavement marking modifications to West 78' Street. Synopsis Citizen complaints and the Golden Triangle Area Traffic Study identified the need for exclusive left turn lanes and left turn signal phasing on the West 78th Street approaches to the Prairie Center Drive / West 78' Street intersection. It is anticipated that interim improvements that provide exclusive left turn lanes and left turn signal phasing on West 78' Street will improve both the safety and capacity of the Prairie Center Drive / West 78' Street intersection. Given approval it is expected the improvements would be completed by the middle of November. Background Information Over the past several years City staff has received multiple complaints regarding the difficulty of making left turns fiom West 78' Street at the Prairie Center Drive / West 7Sfh Street intersection. In addition, the Golden Triangle Area Traffic Study identified several future improvements for the Prairie Center Drive / West 78' Street intersection including the need for exclusive left turn lanes and left turn signal phasing on West 7Sth Street. . Due to the geometry of West 78' Street it was determined that exclusive left turn lanes could be provided at the Prairie Center Drive intersection by converting West 78' Street fi-om a 4-lane section to a 3-lane section. Done in combination with minor signal revisions an interim project could be completed at the intersection at a low cost because no physical roadway improvements are necessary. Although these improvements do not address all of the future problems at the Prairie Center Drive / West 78' Street intersection it is expected that they will improve both the safety and capacity of the intersection as well as extend the time before additional improvements to the intersection are necessary. In anticipation of this work approximately a ?4 mile section of West 7Sth Street was not striped as part of the annual striping program and signal modification plans have been developed. Financial Implications qe interim traffic signal improvement to the Prairie Center Drive / West 78' Street traffic signal is ' estimated to cost $25,033, which would be funded through the Major Center Area construction fund. The striping modifications to West 78' Street are estimated to cost $9,500, which would be funded through the annual maintenance program. I CITY COUNCIL AGENDA SECTION: Consent Calendar SERVICE AIXEALDMSION: ITEM DESCRIPTION: Engineering Services Jim Richardson Eugene A. Dietz Resolution declaring Costs to be Assessed and Requested Action Move to: Adopt Resolution declaring costs to be assessed and ordering preparation of special assessment rolls and setting hearing date. Synopsis This Special Assessment Hearing is conducted annually in October. The assessments levied are for projects which have reached the point of substantial completion since the previous hearing. This process is conducted in accordance with State Statutes and procedure developed with the assistance of the City Attorney. Attachment Resolution Exhibit A t \ CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION DECLARING COSTS TO BE ASSESSED AM) ORDERING PREPARATION OF 2001 SPECIAL ASSESSMENT ROLLS AND SETTING HEARING DATE WFIEREAS, contracts have been let for the following listed improvements and the total project cost, including expenses incurred, or to be incurred and the City’s share, exclusive of that assignable to City Propem, are established as shown on the attached Exhibit A. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie: 1. 2. 3. 4. The cost of such improvements to be specially assessed are hereby declared to be those as set forth in Exhibit A. The City Clerk with the assistance of the City Engineer shall forthwith calculate the proper amount to be assessed for each improvement against every assessable lot, piece or parcel of land within the district affected without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in the office of the Deputy Clerk for public inspection. A hearing shall be held on the 16th day of Otober, 2001 in the Eden Prairie City Center, 8080 Mitchell Road, at 7:OO p.m., to pass upon such proposed assessments and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessments. The City Clerk is hereby directed to cause.a notice of the hearing on the proposed assessments to be published once in the official newspaper at least two weeks prior to the hearing. He shall also cause mailed notice to be given to the owner of the record of each parcel described in the assessment roll not less than two weeks prior to the hearing. ADOPTED by the Eden Prairie City Council on October 2,2001. ATTEST Jean L. Harris, Mayor SEAL Kathleen A. Porta, City Clerk m k v-l 0 0 cI\ 3 CITY COUNCIL AGENDA SECTION Consent Calendar SERVICE AREA/DMSION: Engineering Services Mary Krause ITEM DESCRIPTION I.C. 00-5517 Award Contract for Flagship Corporate Center Improvements Temporary Access to Technology Drive DATE: October 2,2001 ITEM NO.: ~rnII_ ..5-, Requested Action Move to: Award Contract for I.C. 00-5517 for Flagship Corporate Center Temporary Access to Technology Drive Improvements Synopsis Sealed bids were received on Thursday, September 27, 2001. A summary of bid results is attached. The construction of the access drive fiom the Flagship Corporate Center across City-owned property will provide access to Technology Drive. This access drive will also provide access to the City:owned property for park purposes until such time as a permanent park roadway is constructed. Background Information The plans and specifications for the construction of the temporary access to Technology Drive at the Flagship Corporate Center have been prepared in accordance with the Developer’s Agreement for the Flagship Corporate Center for which the Developer (Opus) entered into an assessment agreement regarding financing of the project. Attachments Summary of bids CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION ACCEPTING BID WHEREAS, pursuant to an advertisement for bids for the following improvement: I.C. 00-5517 - Temporary Access to Technology Drive Improvements Bids were received, opened and tabulated according to law. Those bids received are shown on the attached Summary of Bids; and WHEREAS, the City Engineer recommends award of Contract to Northwest Asphalt, hc. as the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: The Mayor and City Manager are hereby authorized and directed to enter in a Contract with Northwest Asphalt, Inc., in the name of the City of Eden Prairie in the amount of $143,561.50 in accordance with the plans and specifications thereof approved by the Council and on file in the office of the City Engineer. ADOPTED by the Eden Prairie City Council on October 2,2001. /-' 4 Jean L. Harris, Mayor ATTEST: SEAL Kathleen A. Porta, City. Clerk Engineering Surveying Landscape Architecture 7510 Market Place Drive Eden Prairie, MN 55344 952-829-7806 fax 952-829-0700 September 27,2001 City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Attn: Re: Alan Gray, P.E. Construction Bids for Flagship Corporate Center Access Improvements Phase 11 Temporary Access Drive from Technology Drive, I.C. 00-5517 Dear Mr. Gray: Bids were received and opened at 1O:OO a.m. on Thursday September 27,2001, for the above referenced project. The bids are shown on the attached Summary of Bids. The Engineer's Estimate was $140,085.00. The low bidder, Northwest Asphalt, Inc. came in 2% above the, Engineer's Estimate at $143,552.50. Recommendation is made that the City Council award Improvement Contract 00-55 17 to Northwest Asphalt, Inc. for the bid amount of $143,552.50. This recommendation considers that the City Council reserves the right to waive minor irregularities and further reserves the right to award the contract in the best interests of the City. Respectfully, HANSEN THORP PELLINEN OLSON, INC. QALL4.G #. 9L Laurie A. Johnson, P.E. Principal LA J: tlb enclosures 3 SUMMARY OF BIDS City of Eden Prairie I.C. 00-5517 DESCRIPTION: BIDS OPENED: SeDtember 27,200 1 Flagship Corporate Center Access Improvements Phase I1 CONSULTING ENGINEER Hansen Thorp Pellinen Olson Inc. CHECKED BY: Hansen Thorp Pellinen Olson Inc. BIDDER BID SECURITY TOTAL BID ADDENDUM #I Northwest Asphalt Yes $143,552.50 Yes Bituminous Roadways, Inc. Yes $1 89,652.00 Yes Hardrives, Inc. Yes $225,673.50 Yes CITY COUNCIL AGENDA SECTION Payment of Claims SERVICE AREAIDMSION: Community Development and Financial ServicesDon Uram ITEM DESCRIPTION: Payment of Claims Requested Action Move to: Approve the Payment of Claims as submitted (roll call vote) Synopsis Checks 103658-1 03998 Wire Transfers 1 1 16- 1 13 5 Background Information DATE: October 2,2001 ITEM NO.: x Attachments I City of Eden Prairie Council Check Summary 10/02/01 Council 102 110 111 112 113 114 115 116 117 130 131 133 134 135 136 150 151 153 154 156 157 158 159 160 161 162 163 180 184 185 186 200 201 203 308 309 314 402 403 404 408 502 503 506 509 51 1 601 602 603 701 702 703 803 Division General Legal Counsel City Clerk Customer Service Human Resources Communication Services Benefits & Training Risk Management Facilities City Center Assessing Finance Community Development Heritage Preservation Information Technology Wireless Communication Park Administration Park Maintenance Athletic Programs Community Center Youth Programs Special Events Senior Center Recreation Administration Adaptive Recreation Oak Point Pool Arts Park Facilities Police Fire Animal Control Inspections Engineering Street Maintenance Fleet Services DWI Forfeiture Liquor Compliance 2nd Sheet of Ice 1992A City Center Debt Building Refunding 1992A Refunding Bonds 1997A Park Development Utility Improvement lmprovment Bonds 1996 CIP Fund Construction Fund Prairie Village Liquor Den Road Liquor Prairie View Liquor Water Fund Sewer Fund Storm Drainage Fund Escrow Fund E-91 1 Grand Total Amount 742,780 33,976 25 16,474 1,503 24 8,855 3,306 5,780 620 31 29 177 158 3,874 7,846 156 24,626 4,381 5,709 1,215 4,599 7,841 39 83 84 81 1,145 20,758 10,267 497 215 5,749 237,708 20,563 46,006 1,226 913 1,438 2,128 29,705 17,020 3,912 162,309 29,082 10,789 11,644 55,703 112,294 37,203 44,101 1,042 12,208 35,488 1,785,383 City of Eden Prairie Council Check Register 10/2/2001 Check # 1116 1117 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 103658 103659 103660 103661 103662 103663 103664 103665 103666 103667 103668 103669 103670 103671 103672 103673 103674 103675 103676 103677 103678 103679 103680 103681 103682 103683 103684 103685 103686 103687 103688 103689 103690 103691 103692 103693 103695 103696 103697 103698 103699 103700 103701 103702 Amount 29,705 17,020 35,712 13,296 11,484 117,255 79,253 61,422 140,465 24,825 13,146 7,734 61,000 387 69,802 131,217 23,378 13,171 8,357 17 607 175 85 7 227,371 40 2,857 200 183 195 67 750 175 93 17 3,207 130 7 159 200 600 275 24 40 58 1,317 885 149 365 20 230 177 550 100 31 1 6,240 9 9 5 150 25 160 7 Vendor PUBLIC EMPLOYEES RETIREMENT FIRSTAR TRUST COMPANY MINNESOTA DEPT OF REVENUE ORCHARD TRUST CO AS TRUSTEUCU ICMA RETIREMENT TRUST457 WELLS FARGO MINNESOTA N A WELLS FARGO MINNESOTA N A PUBLIC EMPLOYEES RETIREMENT WELLS FARGO MINNESOTA N A MINNESOTA DEPT OF REVENUE ORCHARD TRUST CO AS TRUSTEEEU ICMA RETIREMENT TRUST457 PUBLIC EMPLOYEES RETIREMENT MINNESOTA DEPT OF REVENUE MINNESOTA DEPT OF REVENUE WELLS FARGO MINNESOTA N A MINNESOTA DEPT OF REVENUE ORCHARD TRUST CO AS TRUSTEEKU ICMA RETIREMENT TRUST457 AMERICAN EXPRESS PUBLISHING ASPEN WASTE SYSTEMS INC. AWWA BECKER STEVE BENNElT DONNA BITUMINOUS ROADWAYS INC BOLD PAULINE BROCK WHITE CO COMBINED INSURANCE COOKE CUSTOM SEWING DIETZ EUGENE EXPRESS MESSENGER SYSTEMS INC FAHEY LARRY GASCH ROBERT GERTZ JOHN HALLS CINDY INDEPENDENT SCHOOL DlST NO. 27 KEATING MARY KOCH SUSAN LEEANN CHIN LIFETOUCH STUDIOS LUKE TRACY MAGUIRE CHARLIE MANLOVE JOANNE MCFERRIN TANYA MCGRATH PEGGY MINNEGASCO MINNESOTA STATE FAIR MINNESOTA STATE FIRE CHIEFS AS MN FALL MAINTENANCE EXPO MRPA NFPA PELTIER JAMES PJS SERVICES & PRODUCTS PLYMOUTH PLAYHOUSE PROMOTION GROUP THE QWEST RABER CHARLENE RICHFIELD PLUMBING CO RICKElTS LOIS SIMONET LORETA SOCIAL SECURITY ADMINISTRATION SUBURBAN AIR SOUTHWEST SUBURBAN PUBLISHING- Account Description Interest Interest State Taxes Withheld Deferred Compensation Deferred Compensation Federal Taxes Withheld Employers SS & Medicare Employers PERA Federal Taxes Withheld State Taxes Withheld Deferred Compensation Deferred Compensation Employers PERA Motor Fuels Sales Tax Payable Federal Taxes Withheld State Taxes Withheld Deferred Compensation Deferred Compensation Misc Non-Taxable Waste Disposal Conference Expense Tuition ReimbursemenVSchool Program Fee Gravel Instructor Service Seal Coating Homeward Hills Bldg Operating Supplies Dues & Subscriptions Postage Other Contracted Services Other Contracted Services Operating Supplies Lessons & Classes Conference Expense Mileage & Parking Program Fee Miscellaneous Round Lake Pavilion Tuition ReimbursemenVSchool Other Contracted Services Program Fee Instructor Service Program Fee Gas Deposits Conference Expense Conference Expense Conference Expense Dues & Subscriptions Small Tools Other Contracted Services Special Event Fees Clothing & Uniforms Telephone Program Fee Cash Over/Short Program Fee Other Contracted Services Other Contracted Services Employment Advertising Cash Over/Shorl Business Unit Building Refunding Bonds 1995A Refunding Bonds 1997A General Fund General Fund ' General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund General Fund Fleet Services Den Road Liquor Store General Fund General Fund General Fund General Fund Prairie View Liquor Store Water Treatment Plant In Service Training Fire Outdoor Center Street Maintenance Outdoor Center Street Maintenance Park Facilities Outdoor Center In Service Training General Sunbonnet Days Sunbonnet Days Sunbonnet Days Ice Arena In Service Training Community Development Outdoor Center General Facilities Park Facilities Police Sunbonnet Days Senior Center Program Outdoor Center Adult Program Water Treatment Plant Escrow Fund Fire In Service Training In Service Training Fire Fire Sunbonnet Days Adult Program General Police Senior Center Program General Fund Adult Program Sunbonnet Days Finance Human Resources General Fund 3 City of Eden Prairie Council Check Register 1 01212001 Check # 103703 103704 103705 103706 103707 103708 103709 10371 0 10371 1 103712 103713 10371 4 10371 5 103716 103717 103718 10371 9 103721 103722 103723 103724 103725 103726 103727 103728 103729 103730 103731 103732 103733 103734 103735 103736 103737 103738 103739 103740 103741 103742 103743 103744 103745 103747 103748 103749 103750 103751 103752 103753 103754 103755 103756 103757 103758 103759 103760 103761 103762 103763 103764 103765 103766 103767 Amount 50 300 68 25 80 195 330 3,565 1,160 53 5,219 84 4 4 812 30 585 2,850 176 55 349 56 95 8 370 230 378 172 15 85 304 44 2,494 6,149 3,550 19,971 96 1,062 19,174 1,988 672 909 2,292 7,583 20,946 464 1,448 1,248 50 150 22 1,001 133 169 1,283 42 140 35 100 100 7,843 27,876 8,517 Vendor SUBURBAN UTILITIES SUPERINTEND SUN NEWSPAPERS TARRAS BARBARA THRONE KEVIN TRAPP SUZANNE TWIN CITY AREA LABOR MANAGEMEN UMD US BANK TRUST NATIONAL ASSN WHITE NICOLE YOUNG JOSEPH AT&T AT&T BACHMANS CREDIT DEPT DOMMER JOYCE EDEN PRAIRIE MOM'S CLUB GENUINE PARTS COMPANY GERTZ DIANA ICE SKATING INSTITUTE LEWELLYN TECHNOLOGY INC MINNCOMM PAGING MINNESOTA LANDSCAPE ARBORETUM QUALITY HEATING AND AIR SERVIC QWEST UNIVERSITY OF MINNESOTA VERIZON DIRECTORIES CORP WOLF CAMERA INC WUTTKE TRAVIS ACE ICE COMPANY ALL SAINTS BRANDS DISTRIBUTING AMERIPRIDE LINEN &APPAREL SER BELLBOY CORPORATION DAY DISTRIBUTING EAGLE WINE COMPANY EAST SIDE BEVERAGE COMPANY EXTREME BEVERAGE GRAPE BEGINNINGS GRIGGS COOPER & CO JOHNSON BROTHERS LIQUOR CO LAKE REGION VENDING MARK VI1 NORTH STAR ICE PHILLIPS WINE AND SPIRITS INC PINNACLE DISTRIBUTING PRIOR WINE COMPANY QUALITY WINE & SPIRTS CO THORPE DISTRIBUTING WINE MERCHANTS INC WORLD CLASS WINES INC ARCH PAGING CLARK DENNIS DANIELSON ROBERT C. LITLE NANCY MONTGOMERY THOMAS H. NEXTEL COMMUNICATIONS Qwest COMMUNICATIONS RAINBOW FOODS INC. RICHARDSON JIM SCHOO KAYLA STANSBURY DOUG STEPHENS SYLVIA US POSTMASTER - HOPKINS WORK CONNECTION-BPARK PErrY CASH-POLICE DEPT Account Description Conference Expense Employment Advertising Lessons & Classes Program Fee Instructor Service Conference Expense Conference Expense Paying Agent Postage Mileage & Parking Other Contracted Services Program Fee Telephone Telephone Landscape MaterialslSupp EventslAdmission Fee Deposits Equipment Parts Operating Supplies Dues & Subscriptions Conference Expense Pager & Cell Phone Conference Expense Cash Over/Short Telephone Conference Expense Advertising Video & Photo Supplies Landscape MaterialslSupp Misc Taxable Misc Taxable Repair & Maint. Supplies Liquor Beer Wine Domestic Beer Misc Taxable Wine Domestic Liquor Liquor Tobacco Products Beer Misc Taxable Wine Domestic Misc Non-Taxable Wine Domestic Wine Domestic Beer Wine Domestic Wine Imported Pager & Cell Phone Refunds Other Contracted Services Program Fee Travel Expense Pager & Cell Phone Office Supplies Pager & Cell Phone Operating Supplies Travel Expense Program Fee Refunds Refunds Business Unit In Service Training Human Resources Ice Arena Outdoor Center Outdoor Center In Service Training In Service Training City Center Debt Fund Water Accounting Adaptive Recreation Park Maintenance Outdoor Center General Prairie View Liquor Store Park Maintenance Adaptive Recreation Escrow Fleet Services Sunbonnet Days Ice Arena In Service Training Sewer System Maintenance In Service Training General Fund Prairie Village Liquor Store In Service Training Prairie View Liquor Store Communication Services Park Maintenance Prairie View Liquor Store Prairie Village Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Prairie Village Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Wireless Communication Environmental Education Sunbonnet Days Fall Skill Development Fire Wireless Communication Police Police Outdoor Center In Service Training Fall Skill Development Environmental Education Environmental Education Y City of Eden Prairie Council Check Register I 0/2/2001 Check # 103768 103769 103770 103771 103772 103773 103774 103775 103776 103777 103778 103779 103780 103781 103782 103783 103784 103785 103786 103787 103788 103789 103790 103791 103792 103793 103794 103795 103796 103797 103798 103799 103800 103801 103802 103803 103804 103805 103806 103807 103808 103809 10381 0 10381 1 10381 2 10381 3 103814 10381 5 103816 103817 10381 8 103819 103820 103821 103822 103823 103824 103825 103826 103827 103828 103829 103830 Amount 272 70 47 2 5 36 41 7 149 85 226 147 40 60 471 52 2,204 75 105 58 4 30 901 105 220 3,301 68 125 322 90 41 29 60 365 986 2 18 9 48 30 41 9 7 371 900 36 65 146 1,211 110 156 4,000 320 227 93 4 36 580 18 48 10 688 8 80 30 Vendor SUPERIOR PRODUCTS MFG CO TAUNTON KRISTIN WILDFANG GENEVIEVE WlLKlNSON LEZA WOEFZ JACQUE WOLF CAMERA INC AMERICAN ELITE GYMNASTICS CARLSON JODY CITY BUSINESS CONNEY SAFETY PRODUCTS CUMMINGS KIM GElS ROB HANDEGARD KATIE MICHELLE HENNEPIN COUNTY HENNEPIN COUNTY TREASURER HOLTE JESSICA LUKE TAYLOR D. MINNESOTA COUNTY ATTORNEYS ASS MINNESOTA DEPARTMENT OF PUBLIC MINNESOTA PARK SUPERVISORS ASS MINNESOTA VALLEY ELECTRIC COOP OLSON VIRGIL GORDON PANASONIC FACTORY SERVICE CENT PARK NICOLLET CLINIC PAULSON DENNIS REYNOLDS ROB RICHFIELD CITY OF SENSIBLE LAND USE COALITION STAR TRIBUNE STATE OF MINNESOTA STATE OF MINNESOTA OFFICE OF A TPCB INC VERIZON WIRELESS BELLEVUE W GORDON SMITH COMPANY THE W.I.L.S. XCEL ENERGY BLACKWOOD DEE ERDMAN COLLEEN FREY LYNDELL GRAVES MARIAN HYATT REGENCY O'HARE INDEPENDENT SCHOOL DlST NO. 27 IZUMI EDITE KELLEY SARA KRAEMERS HARDWARE INC MlNN CHILD SUPPORT PAYMENT CTR MORROW CARMEN NGUYEN MOT POSTAGE BY PHONE RESERVE ACCOU PROFILE EVALUATIONS INC PROTECTION ONE QWEST RABER CHARLENE SCHEU NICOLE SPIKE NASHBAR STAR TRIBUNE WAGNER BETH WERBOWSKI JAMES WEST GROUP WITTHUHN KIM WOMEN IN LEISURE SERVICES ZlPF CINDY HENNEPIN COUNTY TREASURER - GE Account Description Operating Supplies Program Fee Program Fee Program Fee Program Fee Video & Photo Supplies Instructor Service Travel Expense Dues &Subscriptions Safety Supplies Mileage & Parking Clothing & Uniforms Other Contracted Services Waste Disposal Waste Disposal Board of Prisoner Other Contracted Services Other Contracted Services Printing Other Contracted Services Conference Expense Electric Other Contracted Services Video & Photo Supplies Other Contracted Services Clothing & Uniforms Travel Expense Special Event Fees Miscellaneous Misc Non-Taxable Operating Supplies Legal Licenses & Taxes Pager & Cell Phone Operating Supplies Conference Expense Electric Program Fee Program Fee Mileage & Parking Program Fee Travel Expense Conference Expense Program Fee Lessons & Classes Small Tools Garnishment Withheld Lessons & Classes Lessons & Classes Post age Employment Support Test Other Contracted Services Telephone Program Fee Program Fee Recreation Supplies Misc Non-Taxable Program Fee Program Fee Dues & Subscriptions Program Fee Dues & Subscriptions Program Fee Business Unit Prairie Village Liquor Store Preschool Events Adult Program Outdoor Center Senior Center Program Police Summer Skill Development In Service Training In Service Training Fleet Services Fire Police Liquor Compliance Park Maintenance Park Maintenance Police Liquor Compliance Liquor Compliance Police Finance In Service Training Riley Lake Liquor Compliance Human Resources Risk Management Police Police Adult Program In Service Training Den Road Liquor Store Fleet Services Liquor Compliance In Service Training Police Fire In Service Training Stormwater Liftstation Fall Skill Development Senior Center Program Community Center Admin Adult Program Police In Service Training Winter Skill Development Ice Arena Sewer System Maintenance General Fund Ice Arena Pool Lessons General Human Resources Prairie View Liquor Store Sewer Liftstation Senior Center Program Winter Skill Development Volleyball Prairie View Liquor Store Fall Skill Development Adult Program In Service Training Senior Center Program In Service Training Senior Center Program 5 City of Eden Prairie Council Check Register 101212001 Check # 103831 103832 103833 103834 103835 103836 103837 103838 103839 103840 103841 103842 103843 103844 103845 103846 103847 103848 103849 103850 103851 103852 103853 103854 103855 103856 103857 103859 103861 103863 103864 103866 103868 103858 I 03862 103865 I 03867 I 03869 I 03870 I 03871 I 03872 103873 103874 103875 103876 103877 I 03878 I 03879 103880 103881 103882 103884 103886 103888 103889 103890 103891 103893 103894 103895 I 03883 103887 I 03892 Amount 33,976 300 17 500 400 1,226 197 7,375 50 761 106 19,537 25 295 783 6,106 350 247 2,008 3 32,589 31 1,121 5,429 260 303 100 272 1,549 6,172 117 920 53 3,250 734 280 687 2,027 182 1,690 134 13 73 150 6,454 85 34 5,573 3,753 53 401 568 3,733 668 56 46,331 176 4,666 1,167 55 200 1,839 10,984 Vendor AKIN GUMP STRAUSS HAUER & FELD DANIELSON ROBERT C. DISH NETWORK ELK RIVER GERMAN BAND FAHEY LARRY FORD MOTOR CREDIT COMPANY GE CAPITAL GOODPOINTE TECHNOLOGY CORPORAT HENNEPIN COUNTY TREASURER HOME DEPOT/GECF KOTCHEVAR SUSAN MINNESOTA DEPARTMENT OF HEALTH MINNESOTA PRIMA PETW CASH PITNEY BOWES INC PRAIRIE PARTNERS SIX LLP S G EDELWEISS ST PAUL A TO Z RENTAL CENTER ALLIANT ENGINEERING INC AMERICAN WATER WORKS ASSOCIATI AMES CONSTRUCTION INC ANCHOR PAPER COMPANY ANCHOR PRINTING COMPANY ANCOM COMMUNICATIONS INC ANDERBERG CRAIG W. AQUA ENGINEERING INC AUTO ELECTRIC SPECIALISTS BARKSDALE INC. BAUER BUILT TIRE AND BATTERY BlFFS INC BLOOMINGTON SECURITY SOLUTIONS BRAUN INTERTEC CORPORATION BROADWAY AWARDS C & C EMBROIDERY C & H DISTRIBUTORS INC. CATCO CLUTCH &TRANSMISSION SE CDW GOVERNMENT INC. CEMSTONE CHANHASSEN BUMPER TO BUMPER CORPORATE EXPRESS CUB FOODS EDEN PRAIRIE CUMMINS NORTH CENTRAL INC CUSTOM CANVAS INC. CUT & FILL INC. CY'S UNIFORMS D J'S MUNICIPAL SUPPLY INC DAHLGREN SHARDLOW AND UBAN DALCO ROOFING & SHEET METAL IN DALE GREEN COMPANY THE DAVIES WATER EQUIPMENT CO DECORATIVE DESIGNS INC DPC INDUSTRIES INC DRISKILLS NEW MARKET EDEN PRAIRIE FLORIST EF JOHNSON EMERGENCY APPARATUS MAINTENANC ESCHELON TELECOM INC EULL'S MANUFACTURING CO INC FACILITY SYSTEMS INC FIATEN RICHARD FLMIBLE PIPE TOOL COMPANY CUTLER-MAGNER COMPANY G & K SERVICES-MPLS INDUSTRIAL Account Description Legal Counsel Airport Other Contracted Services Cable N Other Contracted Services Other Contracted Services Autos Other Rentals Other Contracted Services Licenses & Taxes Operating Supplies Travel Expense Miscellaneous Conference Expense Operating Supplies Other Rentals Building Rental Other Contracted Services Employee Award Design & Engineering Dues & Subscriptions Other Contracted Services Office Supplies Printing Capital Under $2000 Other Contracted Services Equipment Repair & Maint Equipment Repair & Maint Equipment Parts Tires Waste Disposal Building Repair & Maint. Other Contracted Services Awards Clothing & Uniforms Capital Under $2000 Equipment Repair & Maint Operating Supplies Asphalt Overlay Equipment Parts Operating Supplies Miscellaneous Equipment Parts Other Contracted Services Waste Blacktop/Concrete Chemicals Clothing & Uniforms Equipment Parts Deposits Other Contracted Services Landscape MaterialslSupp Equipment Parts Other Contracted Services Chemicals Operating Supplies Employee Award Improvement Contracts Equipment Repair & Maint Capital Under $2000 Repair & Maint. Supplies Other Contracted Services Office Supplies Equipment Repair & Maint Cleaning Supplies Business Unit Legal Council Octoberfest Ice Arena Octoberfest Octoberfest DWI Forfeiture General Pavement Management Program General General Facilities In Service Training Water System Sample In Service Training Fire General Prairie Village Liquor Store Octoberfest Human Resources Construction Fund Water Utility - General Utility Improvement Fund Police General Wireless Communication Softball Water Treatment Plant Fleet Services Water Treatment Plant Fleet Services Park Maintenance Prairie View Liquor Store Park Acquisition & Development Raquetball Fire Water Treatment Plant Park Maintenance Police Street Maintenance Fleet Services Police Police Fleet Services Fire Street Maintenance Water Treatment Plant Police Fleet Services Escrow Senior Center Street Maintenanc'e Water System Maintenance Police City Center Water Treatment Plant Senior Center Program Human Resources E-91 1 Program Fire General Storm Drainage General Facilities Police Storm Drainage Water Treatment Plant 6 Check # 103896 103897 103898 103899 103900 103901 103902 103903 103904 103905 103906 103907 103908 103909 10391 0 10391 1 103912 10391 3 103914 10391 5 103916 10391 7 10391 8 10391 9 103920 103921 103922 103923 103924 103925 103926 103927 103928 103929 103930 103931 103932 103933 103934 103935 103936 103937 103938 103939 103940 103941 103942 103943 103944 103945 103946 103947 103948 103949 103950 103951 103952 103953 103954 103955 103956 103957 103958 Amount 1,738 1,146 285 1,573 326 176 4 1,121 2,749 8,655 2,362 96 893 524 500 780 6,038 784 69 363 661 3,160 750 331 180 620 528 2,278 94 40 284 90 768 130 702 81 954 1,905 175 3,891 344 3,541 235 42 2,086 1,622 299 400 1,980 1,292 102 49 634 143 1,000 32 150 129,720 1,160 75 100 98 1,485 City of Eden Prairie Council Check Register I 0/2/2001 Vendor GATEWAY COMPANIES INC GENERAL SAFETY EQUIPMENT COMPA GINA MARIAS INC GLOWS SPECIALITIES GREATAMERICA LEASING CORP. HACH COMPANY HALDEMANN HOMME INC HAMILTON MICHAEL HANSEN THORP PELLINEN OLSON HARTLAND FUEL PRODUCTS LLC HAWKINS WATER TREATMENT GROUP HELLERS CARBONIC WEST HIRSHFIELDS PAINT MANUFACTURIN HOLMES CATHERINE MARIE HONKERS AWAY HOUSE OF PRINT I.T.L. PATCH COMPANY INC. IC1 DULUX PAINT CTRS INGRAHAM & ASSOC INNOVATIVE GRAPHICS INSPEC INC. INVENSYS METERING SYSTEMS J P COOKE CO THE JAMIESON COMPANY THE JANEX INC LAKELAND FORD TRUCK SALES LAN0 EQUIPMENT INC LAW ENFORCMENT TARGETS INC LEROY JOB TRUCKING LUBRICATION TECHNOLOGIES INC M SHANKEN COMMUNICATIONS INC MACQUEEN EQUIPMENT INC MAHA DISTRICT 6 MARSHALL FAMILY FARM MARKET MATEJCEKS MAXIMUM GRAPHICS MENARDS METRO SALES INCORPORATED* METROPOLITAN FORD MIDWEST ASPHALT CORPORATION MIDWEST TELETRON INC. MILLER DUNWIDDIE MINNESOTA TROPHIES & GIFTS MORLEY BURNElT MTI DISTRIBUTING INC MUNZ ERIC MYRON WILL LAWN MAINTENANCE NEUMANN NEAL NORTHERN TOOL & EQUIPMENT CO. NORTHSTAR REPRO PRODUCTS INC NORTHWEST BUSINESS SYSTEMS NORTHWEST RESPIRATORY SERVICE NORTHWESTERN UNlV CENTER FOR P OLSEN COMPANIES OS1 BATTERIES INC PARROTT CONTRACTING INC PEARSON BROTHERS INC PEPPER OF MINNEAPOLIS PETSMART PRAIRIE LAWN AND GARDEN PRAIRIE OFFSET PRINTING HCMC-EMS EDUCATION MAXI-PRINT INC Account Description Computers Equipment Repair & Maint Operating Supplies Operating Supplies Other Rentals Operating Supplies Operating Supplies Other Contracted Services Other Contracted Services Motor Fuels Chemicals Training Supplies Chemicals Repair & Maint. Supplies Other Contracted Services Other Contracted Services Printing Operating Supplies Operating Supplies Design & Engineering Clothing & Uniforms Building Other Contracted Services Printing Recreation Supplies Cleaning Supplies Equipment Parts Other Rentals Training Supplies Other Contracted Services Lubricants & Additives Misc Non-Taxable Equipment Parts Operating Supplies Landscape Materials/Supp Equipment Parts Printing Printing Repair & Maint. Supplies Other Rentals Equipment Parts Patching Asphalt Equipment Parts Design & Engineering Operating Supplies Capital Under $2000 Equipment Parts Other Contracted Services Other Contracted Services Other Contracted Services Small Tools Operating Supplies Equipment Repair & Maint Safety Supplies Tuition Reimbursement/School Equipment Repair & Maint Office Supplies Improvement Contracts Seal Coating Operating Supplies Canine Supplies Equipment Parts Printing Business Unit Information Technology Fire Fire Police General Water Treatment Plant Community Development Soft ball Park Acquisition & Development Fleet Services Water Treatment Plant Fire Water Treatment Plant Park Maintenance Volleyball Round Lake Community Brochure Police Park Maintenance Park Acquisition & Development Police Capital Impr. I Maint. Fund Water Meter Reading Animal Control Volleyball General Facilities Fleet Services Park Maintenance Police Animal Control Fleet Services Prairie View Liquor Store Fleet Services Ice Arena Park Maintenance Fleet Services Police Golden Triange Study Park Maintenance General Fleet Services Street Maintenance Wireless Communication Heritage Preservation Fire 2nd Sheet of Ice Fleet Services Softball Park Maintenance Softball Water System Maintenance Prairie Village Liquor Store Prairie Village Liquor Store Fire Police Water Treatment Plant General Utility Improvement Fund Street Maintenance Art & Music Police Fleet Services Senior Center Program Check # 103959 103960 103961 103962 103963 103964 103965 103966 103967 103968 103969 103970 103971 103972 103973 103974 103975 103976 103977 103978 103979 103980 103981 103982 103983 103984 103985 103986 103987 103988 103989 103990 103991 103992 103993 103994 103995 103996 103997 103998 Amount 153 1,340 94 50 338 3,808 10 505 960 940 7,729 83 29,082 280 19 943 357 43 558 466 30 392 60 274 119 3,152 565 178 359 28,445 129 252 139 1,625 90 341 1,908 137 231 9 350 1,785,383 City of Eden Prairie Council Check Register 10/212001 Vendor PRIORITY COURIER EXPERTS PUBLIC SAFETY EQUIPMENT CO RAINBOW FOODS INC. SALLY DISTRIBUTORS SHERWIN WILLIAMS CO SHORT ELLIOT HENDRICKSON INC SNAP-ON TOOLS SOFTWARE HOUSE INTERNATIONAL I SOUTHWEST FAMILY SERVICES SPECTRUM LABS INC SRF CONSULTING GROUP INC ST CROIX RECREATION CO INC ST. PAUL UTILITIES INC STAN MORGAN &ASSOCIATES INC. STANDARD SPRING STREICHERS SUBURBAN CHEVROLET GEO SUBURBAN PROPANE SUBURBAN TIRE &AUTO SERVICE I SURVIVALINK CORP TARGET TESSCO TKDA TWIN CITY FILTER SERVICE INC TWIN CITY OXYGEN CO UNIFORMS UNLIMITED UNION LINE INClGRAYBEAR UNLIMITED SUPPLIES INC URSlBRW US CAVALRY US OFFICE PRODUCTS VIDEO SERVICE OF AMERICA VOPAK USA INC. W W GRAINGER WATSON CO INC THE WESTWOOD PROFESSIONAL SERVICES WOLF CAMERA INC ZIEGLER INC Grand Total UNITED RENTALS-HT BRANCH #229 WORK CONNECTION-BPARK Account Description Equipment Repair & Maint Equipment Repair & Maint Operating Supplies Operating Supplies Operating Supplies Design & Engineering Small Tools Software Employee Assistance Other Contracted Services Design & Engineering Repair & Maint. Supplies Improvement Contracts Operating Supplies Equipment Parts Protective Clothing Equipment Parts Motor Fuels Tires Operating Supplies Operating Supplies Equipment Parts Other Contracted Services Building Repair & Maint. Lubricants &Additives Capital Under $2000 Clothing & Uniforms Other Rentals Equipment Parts Deposits Clothing & Uniforms Office Supplies Video & Photo Supplies Chemicals Repair & Maint. Supplies Merchandise for Resale Design & Engineering Video & Photo Supplies Other Contracted Services Equipment Repair & Maint Business Unit Fleet Services Police Senior Center Program Octoberfest Park Maintenance Engineering Water Treatment Plant Information Technology Employee Benefits Round Lake Construction Fund Park Maintenance Improvement Projects 1996 Prairie Village Liquor Store Fleet Services Police Fleet Services Fleet Services Fleet Services Police Pool Lessons Wireless Communication Water Treatment Plant Water Treatment Plant Fleet Services Fleet Services Fire Street Maintenance Fleet Services Escrow Police Water Treatment Plant Police Water Treatment Plant General Facilities Concessions Construction Fund Human Resources Park Maintenance Fleet Services .. CITY COmycILAGFllyDA SECTION Reports of Director Parks and Recreation Services SERVICE DESCRIPTION: Cedar Forest Park Parks and Recreation Acquisition Robert A Lambert Director Requested Action Moveto: Authorize staff to meet with property owners of potential Cedar Forest Neighborhood Park sites for the purpose of determining willing sellers, and park acquisition costs of potential sites. Synopsis The original proposed sites to serve as the neighborhood park for the Cedar Forest Hilltop neighborhood have been acquired by the Metropolitan Airports Commission. City staff believes it is prudent to contact owners of other potential neighborhood park properties to be able to advise the Council of the cost to acquire any potential park site. Due to the requirements of a neighborhood park to serve this area (two soccer fields, basketball court, tennis court, volleyball court, a playground area and sun shelter) the site will require approximately 10 acres of relatively . flat ground. There are very few sites remaining within the service area that will meet these criteria. If the City delays this decision much longer, there may not be any. Funding for this site is fiom cash park fees. Background The first priority site was identified nearly 15 years ago and was located at the west end of Valley Road. That property owner was not a willing seller and the City was not willing to condemn his property as there were other potential sites that would serve this purpose at that time. That site was eventually acquired by MAC. The second site identified was located south of Riley Creek on the west side of Eden Prairie Road. This site was also identified by the Metropolitan Airports Commission as a fbture acquisition and was ultimately acquired in 2000. Although, the Metropolitan Airports Commission has never indicated one way or another whether or not they would allow the City to use any of their buffer land for neighborhood park purposes, City staff would recommend acquiring neighborhood park land outside of the runway protection area in order to ensure the property would be used for park purposes for the long term. BL:mdd WA- 'on Agenda FkqmdiodCity CouncilAgenda PacketD201IOct 2Parksl/CedarForestPa&Acquisition W > v, Z - T M u z I a OL e Z W W. n .I 2 ii 3 m .. .. . .. SERVICE AREA/DMSION Parks and Recreation Stuart A. Fox, Manger Parks & Natural Resources I CITY COUNCIL AGENDA ITEM DESCRIPTION: Recommended Plan for Maintenance of Market Center Area Landscaping I SECTION: Reports of Director Parks and Recreation Services DATE: October 2, 2001 ITEM NO: Requested Action Move to: Approve the maintenance plan for Market Center Area as outlined in this stdf report. 1 Synopsis The landscaping of the Eden Prairie Market Center occurred in 1995/1996. This was a plan drawn up to provide landscaping material, hard scape, and decorative planters in the area of the Major Center Area, including Technology Drive, Singletree Lane, Prairie Center Drive and the Major Center Area water tower. The landscaping included the planting of deciduous and coniferous trees, ornamental shrubs, ornamental trees and shrub roses. The contractor for the project completed approximately 95% of the project; however, they were unable to complete the entire tree planting and City staff, upon cashing of the performance bond, completed the project. The majority of the plants thatwere replaced were trees that either the contractor had failed to plant or had died and were not replaced under the warranty time frame. There has been a variety of maintenance methods tried over the past several years and staff recommends that a fblltirne park maintenance employee be added to the stfling levels in 2002 to care for this area. Three seasonal employees would also be designated as laborers to assist with maintenance of this key downtown area. Existing Conditions The condition of the landscaping in this Market Center Area has declined over the past several years. Initially, the staff hired a lapdscaping contractor to maintain tlie area; however, the cost for this maintenance was prohibitive. Following that, staff relied on the workers fiom the Sentence to Serve Program to maintain the planters and landscaping bed areas. This continued for approximately one season; however, in the past two seasons very little regularly scheduled maintenance has been focused on this area. .. City council Agenda 10/2/2001 Recommended Plan for Maintenance of Major Center Area Landscaping Page 2 In addition, several of the trees have been struck by vehicles and snow removal equipment rendering them deformed or broken. This combined with the harsh environment that some of these trees are planted in, has led to a general decline in the center island landscaping for the area. StafYwould summarize the condition of the area as follows: Missing trees to be replaced - There are 29 trees that are currently missing that should be replaced. These include skyline locust, ginkgo, pin oak, sugar maple and little leaf linden. (Staffwould recommend changing some of the types of trees that are replaced.) Missing trees that should not be replaced - There are 20 trees in this category, including skyline locust, ginkgo, pin oak, little leaf linden and hackberry. (These should not be replaced due to their location.) Dead trees that need to be replaced or moved - there are 52 trees in this category, including skyline locust, ginkgo, pin oak, sugar maple, little leaf linden, white spruce and hackberry. (Some of these trees are dying due to soil conditions that will not sustain the type of tree, others require irrigation to survive in a median.) Trees that need to be pruned - There is a total of nearly 240 trees in the Market Center Area that were planted that need pruning. These trees are doing well and need to be trimmed for lateral and vertical clearance. Additional plant maintenance - In addition to the trees there are nearly 1,000 shrub roses, 370 junipers, 40 crabapples, and 350 cranberry bushes that need some pruning and maintenance work. Many of these plants are located in the 20 raised planter beds scattered throughout the area. Proposed Maintenance Plan Staff has evaluated many of the streetscape trees located in this Market Center Area and have come to the following conclusions: Many of the trees in the ten foot wide central median areas are suffering due to limited root growth area, drought conditions and high concentration of road salt. Staff would recommend that most of the pin oaks that are dead or showing an iron chlorosis state be removed and replaced with a more suitable tree. The estimated cost to replace and move the pin oak trees is estimated to be between $25,000 and $30,000. These trees will be moved and replaced over the ne# 12 months. Several of the trees that are missing ai-e located in areas where they have been struck by vehicles and maintenance equipment. This is due to their location close to intersections, as well as on the curves in this road system. StafY would recommend not replacing these trees due to their precarious locations. Staff would recommend that there be an intensive maintenance effort to improve the quality of the beds and planters throughout this entire area. This would be accomplished by an intensive management program to prune the shrub roses, add additional wood mulch and eliminate weed and invasive plant materials liom the mass planting beds and raised planters. This would be labor intensive and require several months to shape up the condition of these planting areas. This maintenance effort will be initiated this fall and completed next spring. The estimated cost for this effort will range liom $10,000 to I a .. City’ Council Agenda 10/2/2001 Recommended Plan for lMaintenance of Major Center Area Landscaping Page 3 $20,000 depending on how much of the is work p-m be done by City staf€ and how much must be contracted. Many of the medians and curbside areas need weed control and fertilization to improve the turf conditions, as well as the tree health conditions. Staff would recommend a regular program of fertilization for both turf and plant materials. This will be completed by City staE beginning this fall. The ongoing maintenance of this area is proposed to be accomplished using a filltime staff person assisted by three seasonal workers. The crew would be provided with the necessary equipment and supplies to accomplish the above items. In addition to maintaining the area of Singletree and Prairie Center Drive, this specialized horticultural crew would also assist in maintenance of the flowerbeds and landscape areas adjacent to the Senior Center and Community Center. The staff acknowledges that this area have been neglected for the last couple of years, however, through intensive maintenance this area can be brought up to par with the adjacent properties. The initial repair and restoration of this area will be accomplished using a combination of existing maintenance staff, ICWC crews and contracted crews. Funding Source The finding source for restoration of this area is the Major Center Area Construction Fund &om the original TIF project. Future maintenance work for this specialized crew would include caring for the new Purgatory Creek Recreation Area Park, as well as the plantings that will be installed along Technology Drive when it is expanded in the next year. SAF:mdd K/~stratiodAgenda PreparatiodCity Council Agenda Packet/2001/0ct 2RW Major Center Maintenance Plan 3