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HomeMy WebLinkAboutCity Council - 01/15/2002AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY, JANUARY 15,2002 7:OO PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher, Ron Case, Jan Mosman 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, City Planner Michael Franzen, City Attorney Ric Rosow and Council Recorder Jan Nelson Curielli I. 11. 111. IV. V. VI. VII. ROLL CALL / CALL THE MEETING TO ORDER PLEDGE OF ALLEGIANCE COUNCIL FORUM INVITATION PROCLAMATION DESIGNATING JANUARY FOR THE RECOGNITION OF DR. MARTIN LUTHER KING, JR. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, JANUARY 8,2002 CONSENT CALENDAR A. CLERK’S LICENSE LIST B. ADOPT RESOLUTION APPROVING FINAL PLAT OF TURTLE POINT ADDITION C. ADOPT RESOLUTION APPROVING FINAL PLAT OF BLUFF COUNTRY VILLAGE 2ND ADDITION D. ADOPT RESOLUTION EXTENDING CONDITIONAL USE AGREEMENT WITH HENNEPIN COUNTY FOR ELECTRONIC GEOGRAPHICAL DIGITIZED DATA FOR USE IN CITY MAPPING E. ADOPT RESOLUTION AUTHORIZING EXECUTION OF THE MUNICIPAL WASTE ABATEMENT INCENTIVE FUMD AGREEMENT FOR THE “BIG FOOT EDUCATIONAL CD-ROM” PROJECT CITYCOUNCILAGENDA Janua~y 15,2002 Page 2 F. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF CONSULTING GROUP FOR DESIGN SERVICES FOR CSAH 4NALLEY VIEW ROAD INTERSECTION IMPROVEMENTS G. DECLARE VEEUCLES SCHEDULED FOR REPLACEMENT TO BE SURPLUS PROPERTY AND AUTHORIZE STAFF TO DISPOSE OF THE VEHICLES AT PUBLIC AUCTION H. ADOPT RESOLUTION WITH MNDOT FOR COST SHARING FOR ACQUISITION OF LANDSCAPE MATERIAL FOR TH 212 AT BRYANT LAKE DRIVE AND CROWN OAKS ROAD I. ADOPT RESOLUTION CALLING FOR A PUBLIC HEAJUNG MARCH 7, 2002, TO CONSIDER ESTABLISHING A NEW TAX INCREMENT FINANCING DISTRICT J. APPROVE RENEWAL OF THE AGREEMENT FOR TOWING SERVICES BETWEEN THE CITY OF EDEN PRAIRIE AND MATT'S AUTO SERVICES FOR 2002 K. APPROVE THE AGREEMENT FOR FORFEITURE VEHICLE STORAGE AND DISPOSAL BY AUCTION BROADCASTING COMPANY FOR 2002 VIII. PUBLIC HEARINGS / MEETINGS A. UNITEDHEALTH GROUP PUD by UnitedHealth Group. Request for Guide Plan Change from Office to High Density Residential on 19 acres, Office to Regional Commercial on 4.2 acres, Office to Neighborhood Commercial on 4.5 acres, Medium Density Residential to Quasi-Public on 10 acres, and from Medium Density Residential to Office on 5 acres, Planned Unit Development Concept Review on 72 acres, and Alternative Urban Area-wide Review (AUAR) on 72 acres. Location: South of Highway 62, east of Shady Oak Road, north of City West Parkway. (Resolution for Guide Plan Change and Resolution for PUD Concept Amendment) IX. PAYMENTOFCLAIMS . X. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTION 9.71 RELATING TO MAINTENANCE OF VEGETATION B. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 2 RELATING TO BOARDS, COMMISSIONS AND TASK FORCES XI. PETITIONS, REQUESTS AND COMMUNICATIONS CITYCOUIVCZAGENDA January 15,2002 Page 3 XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS xm. APPOINTMENTS Mv. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. Creation of Jean Harris Memorial Taskforce 2. Human Rights and Diversity Youth Scholarship Award Name Change C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR 1. Recommendation of Feasibility Study to Deconstruct the Former Public Safetv Building; E. F. G. H. REPORT OF CITY ATTORNEY REPORT OF PUBLIC WORKS SERVICES DIRECTOR REPORT OF PUBLIC SAFETY SERVICES DIRECTOR REPORT OF MANAGEMENT SERVICES DIRECTOR XV. OTHER BUSINESS XVI. ADJOURNMENT PROCLM TION City of Eden Prairie Hennepin County, Minnesota WHEREAS, the City of Eden Prairie’s City Council and Human Rights & Diversity Citizen Advisory Commission sponsors both a Human Rights Award program and a Youth Scholarship Award program, recognizing those that work to create an inclusive commu,nity spirit through their actions, activities, and programs; and WHEREAS, the City of Eden Prairie recognizes that Dr. Martin Luther King, Jr., had a dream and dedicated his life to helping freedom exist for all people through his commitment to human rights and hs non-violent philosophy; and WHEREAS, the City of Eden Prairie reaffirms its commitment to fostering diversity in our community through the Eden Prairie Manifesto; NOW, THEREFORE, be it resolved, that the City of Eden Prairie hereby proclaims 2002 as a year to celebrate human rights and diversity, and asks all residents to continue their commitment and concern for equal rights for all persons, to dedicate themselves to helping those who do not yet share in that freedom, and to join the City of Eden Prairie in recognizing and celebrating Dr. Martin Luther King, Jr.’s dream. Nancy Tyra-Lukens, Mayor City of Eden Prairie UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL WORKSHOPLFORUM TUESDAY, JANUARY 8,2001 CITY CENTER 5:30 - 6~25 PM, HERITAGE ROOM II 6:30 - 7:OO PM, COUNCIL CHAMBER CITY COUNCIL: Acting Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher, Ron Case, Jan Mosman 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, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room II I. CALL MEETING TO ORDER Acting Mayor Nancy Tyra-Lukens called the meeting to order at 6: 10 p.m. 11. APPROVAL OF AGENDA 111. MAYOR HARRIS MEMORIAL 1. Discussion of criteria Acting Mayor Tyra-Lukens asked for a Council discussion on basic criteria by which to evaluate suggestions for a memorial for Mayor Jean Harris. Councilmembers discussed the following criteria: . cost 0 Timeliness. Do something now. Should be something “new” rather than renaming and existing street or park Highly Visible. Councilmember Mosman said that it should be something centrally located and embody the ideal of diversity. Fitting to the type of work Mayor Harris carried out in Eden Prairie. City Manager Jullie said he remembers Mayor Harris as a generalist who was able to successllly work collaboratively with all sectors of the community. 1 2. Review soggestions Tyra-Lukens suggested that formation of a taskforce, especially since the scope of the project may require a community-based effort. Case said the Council should consider how this memorial is carried out might affect hture precedent for paying tribute to others in the community. Case said the naming the entranceway to the Purgatory Creek Recreation Area after Harris and placing a plaque that recognizes Harris would be appropriate. A scholarship in her name could also be mentioned on such a plaque. He agreed that a taskforce may be the best way to approach this project. Butcher agreed that the Purgatory Creek Recreation Area is the heart of the City and would be a fitting place to memorialize Mayor Harris. Mosman said she also feels the Purgatory Creek Recreation Area is the best location for a memorial. Butcher thought it would be a good idea to ask Harris’s husband, Leslie Ellis, to be on any committee formed to carry out a memorial plan. Tyra-Lukens asked for ideas of other individuals or organizations that might serve on such a taskforce. Those mentioned included: A representative of the Chamber of Commerce A member of Parks and Rec A representative of the Eden Prairie Foundation Representatives from Lions Club and Rotary Mary Jane Wissner A representative from Habitat for Technology Jeanne Zetah Jan Grossbach, President of Hennepin Technical College 3. Discussion of possible funding sources Jullie said he had heard fkom one resident that there may be some corporate interest in helping with a fundraising effort for the memorial. Jullie also mentioned the “buy a brick” concept, which would allow individuals to buy a brick inscribed with their name to be placed in the plaza. The City could then use the profit from these sales to fund a project. Parks and Recreation Services Director Lambert agreed that encouraging public inclusion through “buy a brick” is a good idea, but he pointed out that funds from the sale of such bricks had already been considered for use in finishing the plaza area. Council directed staff present an item at the next Council meeting to form a taskforce to will study and recommend an appropriate memorial to the memory of Jean Harris. V. OTHER TOPICS a Comicil CItainber VI. OPEN FORUM (Scheduled participants, 6:30-6:50 pm.) There were no scheduled participants. OPEN PODIUM (Unscheduled participants, 6:50-7:00 p.m.) No one asked to speak during Open Podium. VII. VI. ADJOURNMENT Acting Mayor Nancy Tyra-Lukens adjourned the meeting at 6:55 p.m. 3 f I CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: January 15,2002 I Gretchen Laven ITEM NO.: n.R. These licenses have been approved by the department heads responsible for the licensed activity. Cigarette & Tobacco Products Continuum Marketing, LLC D .B .A. : Peddler’s . -1- CITY COUNCIL AGENDA SECTION: Consent Calendar SERVICE AREALDMSION ITEM DESCRIPTION: Public Works Engineering Services Randy Slick/ Eugene A. Dietz Final Plat Approval of Turtle Point Addition Requested Action Move to: Adopt the resolution approving the final plat of Turtle Point Addition Synopsis DATE: January 15,2002 ITEM NO.: m- 3, This proposal is located at 17987 Turtle Point. The plat consists of the combination of Lots 6 and 7, Block 1, Bearpath 4fi Addition. This proposal falls under the guideline for a “simple subdivision” defined within the City Code. A hearing for the Vacation (02-01) of underlying easements on Lots 6 and 7, Block 1 is scheduled for February 5,2002. Background Information Approval of ‘the final plat is subject to the following conditions: 0 Receipt of engineering fee in the amount of $300.00 0 Provide a list of areas (to the nearest square foot) of all lots, outlots and road right-of- ways certified by surveyor 0 Completion of vacation of underlying drainage and utility easement 0 Revision to plat to include drainage and utility easement over existing conservation easement areas Attachments Drawing of final plat CITY OF EDEN PlUIRlE HEN" COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF TURTLE POINT ADDITION WHEREAS, the plat of Turtle Point 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 Turtle Point Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated January 15, 2002. -. ..- 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 January 15,2002. ATTEST: Nancy Tyra-Lukens, Acting Mayor SEAL Kathleen A. Porta, City Clerk _. . P - D p i 4 3 3 i I I Cl"Y COUNCIL AGENDA SECTION: Consent Calendar SERVICE AREADMSION: ITEM DESCRIPTION: Public Works Engineering Services Addition Randy Slick/ Eugene A. Dietz Final Plat Approval of Bluff Country Village 2nd DATE: January 15,2002 ITEM NO.: VTr ,CI Requested Action Move to: Adopt the resolution approving the final plat of Bluff Country Village 2"d Addition. Synopsis This proposal is located North of CSAH land East of Hennepin Town Road. The plat consists of 5.23 acres to be platted into one lot for the construction of a three-story, 40-unit Senior Housing Building along with 11,600 square foot retail space. This is a replat of Outlot Cy Bluff County Village. 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. Approval of the final plat is subject to the following conditions: Receipt of engineering fee in the amount of $601.45 0 Satisfaction of bonding requirements for the installation of public improvements 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 0 Revision to plat to include perimeter drainage and utility easements 0 Revision to plat to include the removal of drainage and utility easement title over all private utilities Attachments Drawing of final plat I CITY OF EDEN PRAIRIE HEN" COUNTY, MINNESOTA RESOLUTIONNO. A RESOLUTION APPROVING FINAL PLAT OF BLUF'F COUNTRY VILLAGE 2ND ADDITION WHEREAS, the plat of Bluff Country Village 2nd 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 Village 2nd Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat._-- dated January 15,2002. 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 January'l5,2002. ATTEST: Nancy Tyra-Lukens, Acting Mayor SEAL Kathleen A. Porta, City Clerk a I' 'ON AVMHLJIH 31'31s .- ..- e 1 .. 3 CI" COUNCIL AGENDA SECTION Consent Calendar ~~~ ~ SERVICE AREA/DIVISION: Engineering Division Eugene A. Dietz Mary Krause DATE: January 15,2002 ITEM DESCRIPTION ITEM NO.: Approve Extension of Conditional Use License Provision of Electronic Data for Mapping Purposes Agreement with Hennepin County for 5.n Requested Action Move to: Adopt resolution extending Conditional Use Agreement with Hennepin County fiom December 31, 2001 to December 31, 2002 for electronic geographical digitized data for use in mapping of the City. Synopsis Hennepin County has provided electronic digitized half-section map data to the City of Eden ._ Prairie. The City uses this data to produce mapping. The original agreement was approved by Council on February 2, 1999. Attachment Agreement with Hennepin County f CITY OF EDEN PRAIRIE HEN" COUNTY, MINNESOTA RESOLUTION NO. EXTENSION OF CONDITIONAL USE LICENSE AGREEMENT WITH HENNEPIN COUNTY FOR THE PROVISION OF ELECTRONIC DATA FOR MAPPING PURPOSES WHEREAS, a Conditional Use Agreement has been previously approved which identifies the obligations regarding the transfer and use of electronic digitized data files for use in mapping; and WHEREAS, THE City Engineer recommends approval of the extension of said Conditional Use License Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie That said extension of Conditional Use License Agreement is hereby approved and the Mayor and City Manager are authorized to execute the extension of the agreement on. behalf of the City of Eden Prairie. ADOPTED by the Eden Prairie City Council on January 15,2002. ATTEST: Nancy Tyra-Lukens, Acting Mayor SEAL Kathleen A. Porta, City Clerk Hennepin County Taxpayer Services Department Survey Division, Suite A-703 Hennepin County Government Center www.co.hennepin.mn.us Minneapolis,Minnesota 55487-0073 61 2-348-3131, Phone November 30,2001 Mary Krause, Design Engineering City of Eden Prairie 8080 Mitchell Rd. Eden Prairie, MN 55344-2230 Agreement # AI 2099 Hennepin County desires to extend the above referenced EPDB Conditional Use License Agreement through December 31,2002. If you as a Government Unit, Consultant/Third Party or Private Corporation, desire to extend the above-reference Agreement, the following requirements must be satisfied as they pertain to your entity. Please return the required information to Hennepin County, Attention: Robert Moulder (at the address stated at the top of this page). GOVERNMENTAL UNIT MUST FURJSJISH TO THE COUNTY A COPY OF THE ACTION OF USER'S GOVERNING BODY AUTHORIZING THIS AGREEMENT EXTENSION. HOWEVER, IF AN OFFICIAL OF USER IS AUTHORIZED BY STATUTE OR CHARTER TO APPROVE AN AGREEMENT OF THIS NATURE THEN THIS ORIGINAL LETTER SIGNED BY SUCH OFFICIAL AUTHORIZING THE EXTENSION MUST BE RETURNED TO THE COUNTY. NOTE: SUCH OFFICI& MCISTATTACH TO THIS LETTER A COPY OF THEIR STATUTORY OR CHARTER AUTHORIlY TO APPROVE THE A GREEMENZS.. . -. . CONSULTANTPTHIRD PARTY MUST PROVIDE THE COUNTY A COPY OF AFFIRMATION BY GOVERNMENTAL "IT THAT YOU WILL CONTINUE AS CONSULTANT AS STATED IN AGREE~NT NO. C0NSULTA"HIRD PARTY MUST SIGN THE ATTACHED SIGNATURE PAGE AND ACKOWLEDGEMENT AND RETURN ORIGINALS OF BOTH TO THE COUNTY. THROUGH THE YEAR 2002. IN ADDITION, PRIVATE CORPORATION MUST SIGN THE ATTACHED SIGNATURE PAGE AND ACKNOWLEDGEMENT AND RET" ORIGINALS OF BOTH TO THE COUNTY. 3 As authorized by the Agreement and noting the above requirements, Rich pertain to you specifically, please indicate below your intention to extend or not to extend this agreement through the year 2002. Please return the originals of this page and the achowledgement page and a copy of affirmation as ConsultantlTbird Party, -as required, to the attention ofRobert Moulder at the address shown at the top of page 1 as soon as possible. I Please check (x) appropriate box. & It Is our intention to extend this agreement through the year 2002. - It is NOT our intention to extend this agreement through the year 2002. We no longer require this information. Signature: Date: Authorized Signature Title: GI%’ If you have any questions about this notice, please call Robert Moulder at 348-2618 for assistance. Sincerely, A n p:k!y County Administrator Attachment 4 CITY COUNCIL AGENDA SECTION Consent Agenda SERVICE AREADMSION: Public Works Service Area Leslie Stovring ITEM Municipal Waste Abatement Fund Grant Through Eugene Dietz ITEM NO.: E .E- Requested Action DATE: January 15,2002 Move to: Adopt a Resolution authorizing execution of the Municipal Waste Abatement Incentive Fund Agreement for the “Big Foot Educational CD-Rom” Project. Synopsis Eden Prairie was selected to develop an educational CD-Rom (‘Big Foot”) by Hennepin County based on a grant application submitted in October 2001. The County will approve the grant subject to the following: 0 Signature of the “Municipal Waste Abatement Incentive Fund Agreement” by the Mayor and -. City Manager. 0 Adoption of a City Resolution authorizing the Agreement. The City Attorney has reviewed the Agreement. Background The City of Eden Prairie submitted a Municipal Waste Abatement Incentive Fund Grant Application to Hennepin County after City Council approval in October 2001. The County selected the application for approval in December 2001. The grant is for production of an educational CD-Rom that will build on the ;Big Foot” video previously produced by the City and Hamline University 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 for the Twin Cities metro area. The total project cost is $69,825 if the grant is approved. The hding will be as follows: 0 $44,875 - Hennepin County Grant Application 0 $4,800 - Salary expenses for Environmental Coordinator 0 $2,150 - City matching for production expenses 0 $8,000 - Hamline University matching contribution 0 $10,000 -Metropolitan Council grant to Hamline University Attachments Proposed Resolution Municipal Waste Abatement Incentive Fund Agreement Crry OF ED~V PRAIRIE HENHEPIN Corn, MINNESOTA RESOLUTION No. RESOLUTION ATJTHORUING EXECUTION OF AN AGREEMENT POR THE 2001-02 MUNICAL WASTE ABATEMENT INCENTIVE FUND GRANT PROGRAM WHEREAS, the City has submitted an Application for the Municipal Waste Abatement Incentive Fund Grant Program for the “Big Foot Educational CD-Rom Project”; WHEREAS, Hemepin County Ordinance 13 requires each city to implement a recycling program, including public education, to enable the County to meet its recycling goals; WHEREAS, the County has established a Municipal Waste Abatement Incentive Fund to help meet these recycling goals; NOW, THEREFORE, BE IT RESOLVED, that the City Council authorizes the execution of the 2001-02 Municipal Waste Abatement Incentive Fund Grant Agreement; and -. BE IT FURTHER RESOLVED, that as a condition to receive funds under the Hemepin County Municipal Waste Abatement Incentive Program the City agrees to implement recycling programs as committed to by its submission of the 2001-02 Waste Abatement Incentive Fund Grant Application Form. ADOPTED by the Eden Prairie City Council January 15,2002. Nancy Tyra-Lukens, Acting Mayor SEAL ATTEST: Kathleen A. Porta, City Clerk Contract No: A06881 Vendor No.: *000016703 MUNICIPAL WASTE ABATEMENT INCENTIVE F"D AGREEMENT THIS AGREEMENT is by and between the COUNTY OF HENNEPIN, STATE OF MINNESOTA, hereinafter referred to as the "County'', through its Department of Environmental Services, 417 North Fifth Street, Minneapolis, Minnesota 55401-1397, and the CITY OF EDEN PRAIRTE hereinafter referred to as the "City", 8080 Mitchell Road, Eden Prairie, Minnesota 55344. WITNESSETH: WHEREAS, the Hennepin County Board, by Resolution No. 99-8-532, on the 3rd day of August 1999, adopted certain Residential Recycling Recommendations for the time period of January 1,2000, through December 31,2004; and WHEREAS, said resolution established a Municipal Waste Abatement Incentive Fund to provide matching assistance ("Incentive Funds") to selected municipal residential waste abatement projects; and WHEREAS, the City has made a grant application for a residential waste abatement project and has been selected for the term of this Agreement for partial funding of said described project.- (Application copy attached as Exhibit A) NOW THEREFORE, the County and the City agree as follows: I. TERM OR THIS AGREEMENT This Agreement shall commence upon execution, and terminate on December 31,2003. II. SERVICES TO BE PROVIDED 1. The City will operate its Municipal Waste Abatement Incentive Fund project ("Big Foot" Educational CD-ROMProject, hereina$er, the "Project ") as described in the original Grant Application submitted by the City and kept on file with the County. (See Exhibit A). 2. In addition to the services as referred to above, the City agrees: a. The City shall submit to the County a final report by March 31, 2003. The report should include at a minimum: 1) Project findings and summary; 2) Results achieved; 3) Obstacles/challenges encountered; and 4) Detailed budget expenditures. All Incentive Funds accepted fkom the County over the term of the Agreement shall be used for Project expenses relating to waste reduction and recycling as described in the project budget; the City shall not retain any Incentive Funds in excess of actual project b. Page{ of 6 3 C. d. e. The County expenses and shall return any such excess Incentive Funds to the County upon completion of the Project. The City may not charge its residents through property tax, utility fees, or any other method for that portion of the costs of the Project that is funded by County Incentive Funds. The City shall establish a separate accounting mechanism, such as a project number, activity number, cost center or fund that will separate Incentive Fund revenues and expenditures fiom all other municipal activities, including other solid waste, recycling, and yard waste activities. Incentive Fund activities, revenues and expenditures are subject to audit by the County. III. PAYMENT FOR SERVICES shall pay Incentive Funds to the City an amount not-to-exceed $44,875 (Forty-four thousand and eighty hundred seventy-five dollars). The first Incentive Fund payment of $40,387 (Forty thousand and three hundred eighty-seven dollars) shall be disbursed upon execution of the Agreement. The final payment of $4,488 (Four thousand four hundred and eighty-eight dollars) shall be disbursed upon approval of the final Project report. IT. INDEPENDENT CONTRACTOR The City shall select the means, method, and manner of performing the services herein. Nothing is intended or should be construed in any manner as creating or establishing the relationship of co- partners between the parties hereto or as constituting the City as the agent, representativei’or- employee of the County for any purpose or in any manner whatsoever. The City is to be and shall remain an independent contractor with respect to all services performed under this Agreement. The City represents that it has or will secure at its own expense all personnel required in performing services under this Agreement. Any and all personnel of the City or other persons while engaged in the performance of any work or services required by the City under this Agreement shall have no contractual relationship with the County, and shall not be considered employees of the County. Any and all claims that may or might arise under the Minnesota Economic Security Law or the Workers’ Compensation Act of the State of Minnesota on behalf of said personnel, arising out of employment or alleged employment, including, without limitation, claims of discrimination against the City, its officers, agents, contractors, or employees shall in no way be the responsibility of the County. The City shall defend, &demniQ, and hold the County, its officials, officers, agents, volunteers, and employees harmless fiom any and all such claims irrespective of any determination of any pertinent tribunal, agency, board, commission, or court. Such personnel or other persons shall neither require nor be entitled to any compensation, rights, or benefits of any kind whatsoever fiom the County, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers’ Compensation, Re-employment Compensation, disability, severance pay, and retirement benefits. . V. NON DISCRIMINATION - A€WIRMATM ACTION The City and any subcontractors or contractors performing services as part of this Agreement, shall follow the City’s &%innative Action policy against discrimination. Pageb of 6 4 VI. INDEMNIFICATION AND INSURANCE 1. The City agrees to defend, indm, and hold harmless the County, its officials, officers, agents, volunteers and employees fi-om any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorney’s fees, resulting directly or indirectly fi-om any act or omission of the City, a subcontractor, anyone directly or indirectly employed by them, and/or anyone for whose acts andor omissions they may be liable for in the performance of the services required by this Agreement, and against all loss by reason of the failure of the City to perform fully, in any respect, all obligations under this Agreement. 2. In order to protect the City and those listed above under the indemnification provjsion, the City agrees at all times during the term of this Agreement and beyond such term when so required, to have and keep in force insurance, either under a self-insurance program or insurance policies as follows: Limits . - I, $1,000,000 $1,000,000 $1,000,000 ..- -. $1,000,000 a. Commercial General Liability on an occurrence basis with contractual liability coverage: General Aggregate Products-Completed Operations Aggregate Personal and Advertising Injury Each Occurrence-Combined Bodily Injury and Property Damage Limits b. Automobile Liability covering owned, non-owned, and hired Automobiles or “Any Auto”: Statutory c. Workers’ Compensation and Employer’s Liability: Workers’ Compensation Statutory Employer’s Liability. Bodily injury by: Accident-Each Accident Disease-Policy Limit Disease-Each Employee $100,000 $100,000 $500,000 d. Professional Liability-Per Claim and Aggregate $1,000,000 3. The above establishes minimum insurance requirements. It is the sole responsibility of the City to determine the need for and to procure additional coverage that may be needed in connection with this Agreement. Copies of insurance policies shall be submitted to the County upon written request Page {of 6 VII. DATAPRIVACY The City, its officersy agents, ownersy partners, employees, volunteers or subcontractors agree to abide by the provisions of the Mizlnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, and all other applicable state and federal laws, rules, regulations and order relating to data privacy or confidentiality, and as any of the same may be amended. The City agrees to defend, indemnify and hold the County, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from the City’s officers’, agents’, owners’, partners’, employees’, volunteers’, assignees’ or subcontractors’ unlawful disclosure and/or use of such protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. VIII. RECORD AVAILABILITY The City agrees that the County, the State Auditor, or any of their duly authorized representatives at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examhey audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the City and involve transactions relating to this Agreement. Such materials shall be maintained and such access and rights shall be in force and effect during the period of the Agreement and for six (6) years after its termination or cancellation per MN Statute 16C.05 sub. 5. IX. MERGER AND MODIFICATION It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to-the- subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. 1. 2. 3. 4. 5. X. DEFAULT AND CANCELLATION If the City fails to perform any of the provisions of this Agreement or so fails to adrninister the work as to endanger the performance of the Agreement, this shall constitute a default. Unless the COUNTY excuses the City’s default, the COUNTY may upon written notice immediately cancel this Agreement in its entirety. Additionally, failure to comply with the terms of this Agreement shall be just cause for the COUNTY for delaying payment until the City’s compliance. In the event of a decision to withhold payment, the COUNTY shall furnish prior written notice to the city. Upon early termination of this Agreement, the City shall itemize any and all Incentive Fund expenditures up to the date of termination and retum such Incentive Funds not yet expended. The above remedies shall be in addition to any other right or remedy available to the COUNTY under this Agreement, law, statute, rule, and/or equity. The COUNTY’S failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. This Agreement may be canceled with or without cause by either party upon thirty (30) days’ written notice. Page/ of 6 G XI. CONTRACT ADMINISTRATION In order to coordinate the service of the City with the activities of the Department of Environmental Services so as to accomplish the purposes of this Agreement, Carl Michaud, Solid Waste & Recycling Program Manager, will manage this Agreement on behalf of the County and will serve as liaison between the County and the City. XII. COMPLIANCE WITH LAWS The City agrees to comply with all applicable state and federal statutes, regulations, and ordinances pertaining to solid waste management and recycling in force or hereafter enacted including, but not limited to, the applicable provisions in Minnesota Statutes, Chapter 115A. Xm. PROMOTIONAL LITERATURE The City agrees that the terms ‘‘Hehepin County’’ or any derivative thereof shall not be utilized in any promotional literature, advertisements of any type of form or client lists without the express prior written consent of the County. XIV. MINNESOTA LAWS GOVERN The Laws of the State of Minnesota shall govern all questions and interpretations concerning the validity-and construction of this Agreement and the legal relations between the herein parties and performance under it. The appropriate venue and jurisdiction for any litigation hereunder will be those courts located within the County of Hennepin, State of Minnesota. Litigation, however, in-the- federal courts involving the herein parties will be in the appropriate federal court within the State of Minnesota. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be affected. XV. LIMITATION ON INDEMNIFICATION Nothing in this Agreement constitutes a waiver by the City of any statutory or common law defenses, immunities, or limits on liability. The indemnification obligation of the City under this Agreement cannot exceed the amount that the City would be obligated to pay under the provisions and limitations of MN Statute Chap 466. Pag{5 of 6 2 COUNTYBOARD APPROVAL City of Eden Prairie, having signed this contract, and the Hemepin County Board of Commissioners having duly approved this contract on the day of , 2002, and pursuant to such approval, the proper County officials having signed this contract, the parties hereto agree to be bound by the provisions herein set forth. ATTEST: By: By: DeputyKlerk of the County Board Chair of its County Board Date: Date: APPROVED AS TO FORM: By:, Assistant County Attorney And: AssistantDeputy/County Administrator Date: And: Assistant County Administrator, Public - . Works and County Engineer APPROVED AS TO EXECUTION: RECOMMENDED FOR APPROVAL By: By: Assistant County Attorney Director, Dept. Date: Date: CITY OF EDEN PRA_IRIE By: Acting Mayor By: And: City Attorney City Manager Date: Date: City organized under: Statutory Option A Option B Page/ of 6 -0 Charter CITY COUNCIL AGENDA SECTION Consent Calendar SERVICE AREADMSION: Engineering Services Rodney W. Rue Eugene A. Dietz Requested Action ITEM DESCRIPTION: I.C. 96-5406 Approve Professional Services Agreement from SRF Consulting Group for Design Services for CSAH 4Walley View Road Intersection Improvements DATE: Jan- 15,2002 ITEM NO.: se.5 Move to: Approve Professional Services Agreement fiom SRF Consulting Group for Design Services for CSAH 4Nalley View Road Intersection Improvements. Synopsis This agreementlproposal provides for design services for the second phase of the intersection improvements at CSAH 4 (Eden Prairie Road) and Valley View Road. (The first phase of the project was the CSAH 4/High School Entrance project). This second phase was delayed until after the completion of the TH 5/TH 312 improvements. During the design phase of this project, a cooperative agreement will need to be approved which will define further project---- responsibilities. Background Information This project involves re-constructing three legs of this intersection with double-left turn lanes on CSAH 4 (Eden Prairie Road) and a four-lane section with left turn lanes on the Valley View Road legs. (The north leg of the intersection was re-constructed with Phase 1). It is proposed to widen Valley View Road to four lanes westerly to the Community Center entrance. This project will be financed with State Aid funds. Attachments Professional Services Agreement ma CONSULTING GROUP, INC. Transportation = Civil = Structural . Environmental = Planning = Traffic Landscape Architecture . Parking P02008R January 8,2002 Mi-. Rod Rue, P.E. Assistant City Engineer 8080 Mitchell Road, Suite 200B Eden Prairie, MN 55344-2230 CITY OF EDEN PRAIRIE Dear Rod: SUBJECT: REVISED PROPOSAL FOR PROFESSIONAL SERVICES CSAH 4 AND VALLEY VIEW ROAD As requested, we are pleased to submit this revised proposal for professional engineering services for preliminary and final design for the planned improvement of the CSAH 4 and Valley View Road intersection. -. SCOPE OF SERVICES We have prepared the following list of tasks for completion of the work. In general, our work will include updating the existing layout (including conversion fiom metric to English units), preparation of final plans, specifications and estimate for County and State Aid approval, and completion of a State Aid right-of-way plan to be included in the roadway plan set: Veri@ existing data, including additional field survey, Revise existing preliminary layout and submit for City and County approval. Coordinate proposed improvement with City departments (Park Department and Fire Department), County, and area property owners. Complete signal design, including permanent replacement of existing signal, temporary signal system for construction staging and interconnect system on CSAH 4 to the north. Complete final plans, specifications and estimate. Submit to County and MOT State Aid for approval. Make revisions as necessary and assist the City and County in the bidding process. One Carlson Parkway North, Suite 150, Minneapolis, MN 55447-4443 Telephone (763) 475-0010 Fax (763) 475-2429 http://F~~.srfconsulting.com Mr. Rod Rue, P.E. -2- January 8,2002 The following has been assumed in the preparation of this Scope of Services: 8 Hennepin County will supply updated trafic counts, Signal Justification Report, soil borings and an R-value (for pavement design). Hennepin County will acquire all necessary right-of-way and prepare all required .easement documents and perform any staking of easements for property owner review.. BUDGET Based on our understanding of the project, we estimate the cost of our services to be $132,450. We will not exceed this figure without your approval. The attached general conditions are incorporated into this proposal and Professional Services Agreement. BASIS OF PAYMENT We propose to be reimbursed for our services on an hourly basis for actual time expended at the rates previously agreed upon. Other direct project expenses, such as printing, supplies, reproduction, etc. will be reimbursed at cost, and mileage will be reimbursed -at the current allowable IRS rate for business miles. -- -. . Invoices will be submitted on a monthly basis for work performed during the previous month. Payment is due within 30 days. NOTICE TO PROCEED A signed copy of this proposal or separate letter of authorization will serve as notice to proceed. We will begin work immediately thereupon and will complete the project within a mutually agreed upon schedule. If you have any questions or require additional information, please feel free to call. Sincerely, SRF CONSULTING GROUP, INC. APPROVED City of Eden Prairie ice President Mayor Date JRD/bls/ems Attachment City Manager Date This cost proposal is valid for aperiod of 90 days. SRF reserves the right io adjust its cost estimate aper 90 days from the date of this proposal. SECTION 1: PROJECTINFORMATION 1.1 City will provide to Consultant all known information regarding existing and proposed conditions of the site or which affects the work to be performed by Consultant. Such information shall include, but not be limited to site plans, surveys, known hazardous waste or conditions, previous laboratory analysis results, written reports, soil boring logs and applicable regulatory 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 work or Project Information as requested by consultant. 1.4 Consultant will not be liable for any decision, conclusion, recommendations, judgement or advice based on any inaccurate information furnished by City, or other subcontractors or consultants engaged by City. SECTION 2: SITE LOCATIONy ACCESS, PERMITS, APPROVALS AND UTILITIES 2.1 City will indicate to Consultant the property lines of the site and assume responsibility for accuracy of markers. 2.2 City will provide for right-of-way for Consultant personnel and equipment necessary to perform the work. 2.3 City will be solely responsible for applying for and obtaining permits and approvals necessary 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 authorizes Consultant to act as agent for City for City's responsibilities under this section including signing certain forms on City's behalf such as Right-of-way forms. 2.4 While Consultant will take reasonable precautions to minimize any damage to property, it is understood by City that in the normal course of the work some damage may occur. The correction of any damage is the responsibility of City or, at City's direction, the damage may be corrected by Consultant and billed to City at cost plus 15%. Notwithstauding the above, Consultant agrees to be responsible for damage caused by Consultants negligence. 2.5 City agrees to render reasonable assistance requested by Consultant to enable performance of work without delay or interference, anduponrequest 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 structures and utilities identified and located by City and/or representatives of Utility Companies. SECTION 3: SAMPLES 3.1 Consultant may retain at its facility selected soil, water, or material samples for a maximum of 30 days after completion of the work and submission of Consultant's report, which samples shall remain the property of City. Unless otherwise directed by the City, Consultant may dispose of any samples after 30 days. 3.2 Disposal of contaminated or hazardous waste samples is the responsibility of City. After said 30 days, City will be rwponsible to select and arrange for 1awfi.d disposal procedures that Gdude removal of samples fiom Consultant's custody and transporting them to a disposal site. City may request, or if City does not arrange for disposal, Consultant may deliver samples to City, freight collect, or arrange for lawfid disposal and bill City at cost plus 15%. SECTION 4: FZE PAYMENT / CLAIMS 4.1 Consultant will submit invoices to City monthly, and a final invoice upon completion of work. Invoices will show charges based on the current 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 under penalty ofperjury that this account, claim, or demandis just and correct and that no part of it has been paid." 4.3 The balance stated on the invoice shall be deemed correct unless City notifies Consultant, in writing, of the particular item that is alleged to be incorrect within ten (10) days fromthe invoice date. Consultant will review the alleged incorrect itemwithin ten (10) days and either submits a corrected invoice or a statement indicating the original amount is correct. 4.4 Payment is due uponreceipt of invoice (or corrected invoice) and is past due sixty (60) days fiom invoice date. On past due Cify ofEden Prairie General conditons ConsuItantAgreement December2000 Page I of 4 Y accounts, City will pay a fhme charge of 1.5% per month on thempaidbalance, orthemaximumallowedbylaw,whichever is less, until invoice is fully paid. 4.5 If City fails to pay Consultant within sixty (60) days following invoice date, Consultant may deem the default a breach of its agreement, terminate the agreement, and be relieved of any and all duties under the agreement. City however, will not be relieved of Fee Payment responsibilities by the default or termination of the agreement. 4.6 City will be solely responsible for applying for and obtaining any applicable compensation fund reimbursements fiomvarious state and federal programs. consultant may assist City in applying for or meeting notification requirements, however. Consultant makes no representations or guarantees as to what fund reimbursement City may receive. Consultant shall not be liable for any reductions fromreimbursement programs made for any reason by state or federal agencies, except as may be caused by Consultant’s negligence. 4.7 City may withhold fiom any final payment due the Consultant such amounts as are incurred or expended by the City on account of the termination of the Contract. acquires, uncovers, or generates in the course of perfolming the work, except as and to the extent Consultant may, in its sole discretion, deem itselfrequired by law to disclose. SECTION 6: DISPTJTES/L;IMITATIONSOFREMEDIES 6.1 In the event of a breach of Contract by City, the Consultant shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 6.2 City will pay all reasonable litigation or collection expenses including attorney fees that Consultant incurs in collecting any delinquent amount City owes under this agreement. 6.3 If City institutes a suit against Consultant, which is dismissed, dropped, or for which judgement is rendered for Consultant, City will pay Consultant for all costs of defense, including attorney fees, expert witness fees and court costs. 6.4 If Consultant institutes a suit against City, which is dismissed, dropped, or for which judgement is rendered for City, Consultant will pay City for all costs of defense, including attorney fees, expert witness fees and court costs. 6.5 Dispute Resolution SECTION 5: OWNERSHIP OF DOCUMENTS 5.1 Consultant will deliver to City certain reports as instruments of the professional work or services performed pursuant to this Agreement. All reports are intended solely for City, and Consultant will not be liable for any interpretations made by others. 5.2 City agrees that all reports and other work furnished to City, or City’s agents or representatives, 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 otherwise agreed, Consultantwillretainallpertinent records or reports concerning work and services performed for a period of at least two (2) years after report is submitted. During that time the records will be made available to City during Consultant’s normal business hours. City may obtain reproducible copies of all software, manuals, maps, drawings, logs and reports at cost, plus 15%, for data and materials not being provided as part of the scope of work for the project. 5.4 City may use the Consultant report in its entirety and may make copies of the entire report available to others. However, City shall not make disclosure to others of any portions or excerpts of a report constituting less than the entire report, or to mislead others by omitting certain aspects contained in the report. 5.5 Consultant will consider Project Informationas confidential and will not disclose to third parties information that it 6.5.1 Mediation All claims, disputes and other matters in question (hereh&er “claim”) between the parties to this Agreement, arising out of or relating to this Agreement or the breach thereof, shall be subject to mediation. If the parties have not resolved the dispute within thirty (30) days of receipt of a written complaint, each party may require the dispute be submitted for mediation. Ifthe parties are unable to agree on a mediator within ten (10) days following a request for mediation, either party may request that a mediator be appointed by the Fourth Judicial District Court. The parties agree to share equally all fees incurred in the mediation. The parties shall submit to mediation for a minimum of eight (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 dispute, the parties may agree to extend hours of mediation. 6.5.2 Arbitration At the option of the party asserting the same, a claim between the parties to this Agreement, arising out of or relating to this Agreement or the breach thereof, whereby the party or parties asserting the same claims entitlement to damages or payment of less than $25,000.00 in aggregate may be decided by arbitrationin accordance with the ConstructionIndustry ArbitrationRules of the American Arbitration Association then existing unless the parties mutually agree otherwise. In the event any person shall commence an action in any court for any claim arising out of or City of Eden Prairie General Conditions ConsultantAgreenrent Page 2 of 4 ~ecember2000 5 relating & Agreement or the breach thereof or the Project or construction thereof or any contract for such comtrwtion, the party making a claim in arbitration may dismiss such proceedings (unless the hearing onthe claimhas commenced) and elect to assert its claim in such action if such party could have done so but for the provisions of this Paragraph. The parties agree to bear equal responsibility for the fees of AAA, including the arbitrator@). Judgement upon the award rendered by the arbitrator@) may be entered in any court having jurisdiction thereof. In the event that arbitration services are not available fiom AAA, either party may request that an arbitrator be appointed by the Fourth Judicial District Court. 6.5.3 Comuliance The parties deem the dispute resolution procedure as set forth herein 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 be authorized to assess costs and attorney's fees against a party that has failed to comply with the procedure in all respects, and, may as a condition precedent to arbitration, require the parties to mediate in accordance with Section6.5.1 hereof. SECTION 7: STANDARD OF CARE 7.1 Because no sampling programcanprove the non-existence or non-presence of contaminated conditions or materials throughout the "entire" site or facility, Consultant cannot warrant, represent, guarantee, or certify the non-existence or non-presence, or the extent of existence or presence, of contaminated conditions or materials, and City's obligation under this agreement will not be contingent upon Consultant's delivery of any warranties, representations, guarantees, or certifications. 7.2 Consultant's opinions, conclusions, recommendations, and report will be prepared in accordance with the proposal, scope of work, and Limitations of Environmental Assessments and no warranties, representations, guarantees, or certifications will be made. Except that Consultant warrants that hardware and sohare will perform as represented in proposal and other parts of this agreement. 7.3 Although data obtained fiomdiscrete sample locations will be used to infer conditions between sample locations no guarantee may be given that the Xerred conditions exist because soil, surface and groundwater quality conditions between sample locations may vary significantly, and because conditions at the time of sample collection may also vary significantly with respect to soil, surface water and groundwater quality at any other given time and for other reasons beyond Consultads controL 7.4 Consultant will not be responsible or liable for the interpretation of its data or reportby others. SECTION 8: GENEXAL INDEMNIFICATION 8.1 Consultant will inde- and hold City harmless fkom and against 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 responsible. City will indemnify and hold Consultant harmless fiom and against demands, damages, and expenses caused by City's negligent acts and omissions, and breach of contract and those acts, omissions, and breaches of persons for whom City is legally responsible. SECTION 9: INSURANCE /WORKER'S COMPENSATION 9.1 Consultant represents and warrants that it has and will maintain during the performance of this agreement Worker's Compensation Insurance coverage required pursuant to Minn. Stat. 176.181, subd. 2 and that the Certificate of Insurance or the written order of the Commissioner of Commerce permitting self insurance of Worker's Compensation Insurance coverage provided to the City prior to execution of this agreement is current and in force and effect. . __ _. - 9.2 Consultant shall procure and maintain professional liability insurance for protection fiom 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: TERMINATION 10.1 The agreement between Consultant and City may be terminated by either party upon thirty- (30) days written notice. 10.2 If the agreement is terminated prior to completion of the project, Consultant will receive an equitable adjustment of compensation. Civ of Eden Prairie General Codifions ConsultuntAgreement DeCem6er2000 PugeJ of4 SECTION11: ASSIGNMEXT 17.1 The Consulbtshallat &€times abideby- Stat. 13.01 et seq., the Minnesota Government Data Practices Act, to the 11.1 Neitherpartymay assign duties, rights or interests m the extent the Act is applicable to data and documents in the performance of the woik without obtaining the prior wiitten possession of the Consultant consent of the other party, which consent will not be unreasonably withheld SECTION 18: DISCRIMI[NATION SECTION 12: DELAYS 12.1 If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performince shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. SECTION 13: EXTRA WORK 13.1 Extra work, additional compensation for same, and extension of time for completion shall be covered by written amendment to this agreement prior to proceeding with any extra work or related expenditures. SECTION 14: WITHHOLDING TAXES 14.1 No final payment shallbemade to the Consultantuntilthe 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 withholding of income taxes upon wages. A certificate by the Commissioner of Revenue shall satisfy this requirement. SECTION' 15: AUDITS 15.1 The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. In performance of this contract, the Consultant shall not discriminate on the grounds of or because of race, color, creed, religion, 1~iti0~1 origin, sex, marital status, status 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 Consultant shall include a similar provision in all contracts with subcontractors to this Contract. The Consultant further agrees to comply will all aspects of the Minnesota Human Rights Act, Minn. Stat. 363.01, et seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. SECTION 19: CONFLICTS No salaried officer or employee of the City and no member of the Board of the City shall have a financial interest, direct or indirect, in this contract. The violation of this provision renders the Contract void. Any federal regulations and applicable state statutes shall not be violated. _- SECTION 20: ENTIRE AGREEMENT -. 18.1 This Agreement contains the entire understanding between the City and Consultant and supersedes any prior written or oral agreements between them respecting the written subject matter. There are no representations, agreements, arrangements or understandings, oral or written between City and Consultant relating to the subject matter of this Agreement which are not fully expressed herein. 18.2 The agreement between Consultant and City may be modified only by a written amendment executed by both City and consultant. SECTION 16: PAYMENT TO SUBCONTRACTORS 16.1 The Consultant shall pay to any Subcontractor within ten (10) days of the Consultant's receipt ofpayment fiomthe City for undisputed services provided by the Subcontractor. The Consultant shall pay interest of one and a halfpercent (1-1/2%) 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 interest penalty payment for an unpaid bdance 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. 18.3 This agreement is governed by the laws of the State of Minnesota. SECTION 17: DATAPRACTICES ACT COMPLIANCE City of Eden Prairie General Conditions GmsultantAgreement December2000 Page 4 of 4 SERVICE AREADMSION: Public Works Eugene A. Dietz ITEM DESCRIPTION: Declaration of Surplus Property and Authorization for Disposal DATE: January 15,2002 Requested Action Move to: Declare vehicles scheduled for replacement in 2002 per attachment to be surplus property; and Authorize staff to dispose of the vehicles at public auction. a Synopsis The budget for 2002 contains a list of vehicles proposed for replacement (attached). Although the Council adopted the budget, proper procedure dictates that Council also declares that the equipment is surplus property and that it can be disposed of at public auction. -. Background Information The vehicles scheduled for replacement will be disposed of at the Hemepin County Public Auction on three dates throughout the calendar year. A statutory requirement provides that Council take specific action to declare the equipment as surplus property and authorize disposition. The auction is supported by the County and many municipalities and is very well attended by the public. The result is that we sell the vehicles for the top range of the “blue book” average retail value (occasionally above). ITEM NO.: I.IE .G-. Most of the equipment that we purchase is through public bids secured by either the County or State, fiom which we are able to participate. Therefore, there is no opportunity for “trade in” of equipment and the Hennepin County auction process has not only yielded top value for the equipment, but has streamlined the disposal process for us as well. Staffrecommends adoption of the motion. Attachments Memo I TO: GeneDietz FROM: clif€cracauer DATE: December 27,2001 SUBJECT: Auction of Surplus Property In accordance with the adopted budget for 2002, the vehicles listed below are scheduled for replacement. I am requesting that the City Council take appropriate action to declare these vehicles surplus property and authorize that they be sold at public auction. The listed auction dates are for the planned auctions at the Hennepin County maintenance facility in Medina. Our cost for the auction is $50/vehicle and an obligation to supply 1-2 employees to work at each auction date. The auctions are well attended and our experience is that we received top prices for our used equipment. Auction Date Veh # Vin # Year Mfi. Model 5/4/01 . 122 lHTAA1850BHA24414 1981 International ' DT466 734 lGBHJS34NXPE19 1884 1993 Chevrolet K3500/1 ton 4x4 216 2FAFP71W8XX181688 1999 Ford Crown Victoria 126 lFDYD80U2KVA43 197 1989 Ford C8000 217 2FAFP71WXXX181689 1999 Ford Crown Victoria . _- 504 lFALP52U9SG225815 1995 Ford Taurus -. 7/20/0 1 9/14/01 218 2FAFP71WlXX181693 1999 Ford Crown Victoria 219 2FAFP71WXXX181692 1999 Ford Crown Victoria 275 lG6EL21299PU616767 1993 Cadillac Eldorado 915 lFALPS2U4TG153715 1996 Ford Taurus 263 lGCDM19WXVB161633 1997 Chevrolet . Astro Van 267 lGNGK26RXVJ393847 1997 Chevrolet Suburban 902 2GlWN52M7S1168677 1995 Chevrolet Lumina 150 157 901 605 367 505 506 460 718 lFTHF26HOSLB855 17 1 GBKC34F9P J1077 83 2FTDF15Y2SCA42279 2FTDF 1 5Y2SCA42282 2FTJW35G3 JCAl3698 2FTEF15Y9SCA42280 2FTDF 1 5YOS CA4228 1 lFTCR14UlTPA77557 lFTHF26H3SLB855 13 1995 Ford 1993 Chevrolet 1995 Ford 1995 Ford 1987 Ford 1995 Ford 1995 Ford 1996 Ford 1995 Ford % Ton pickup 1 tonchassis F150 pickup F150 pickup 4x2 Crew F150 pickup F150 pickup Ranger pickup F250 34 Ton pickup G\ClimAuction Surplus Property-2002 a CITY COUNCIL AGENDA SECTION: Consent Calendar ITEM DESCRIPTION: Eden Prairie Roadside Enhancement Project Trunk Highway 212 and Bryant Lake Drive DATE: January 15, 2002 ITEM NO: \/71 .t+* SERVICE AREALDMSION: Parks and Recreation Stuart A. Fox, Manager Parks and Natural Resources Requested Action Move to: Adopt Resolution with Minnesota Department of Transportation for cost sharing for the acquisition of landscape material to be placed along Trunk Highway 212 at Bryant Lake Drive and Crown Oaks Road. Synopsis The staff has been informed that the City has been awarded a grant for the purchase of landscape material to be placed on a berm at the intersections of Bryant Drive and Crown Oaks Road. The Minnesota Department of Transportation has drafted a Phase I1 plan for a project that was initiated by a citizen living in the Crown Oaks subdivision. A plan has been drawn by a landscape architect for the Minnesota Department of Transportation and involves the planting of approximately 58 plants on the existing highway berm. The estimated plant cost for this project is $1,397.30. Background This project is known as a Landscape Partnership Project Agreement and the City of Eden Prairie would be responsible for the purchasing and planting of the landscape material. The Minnesota Department of Transportation would reimburse the City for the cost of the plant material. A landscape plan has been drawn that specifies the size and spacing for the plant materials. This project would be completed this spring and the City would be reimbursed for the acquisition costs. The City's portion of the project cost would be the planting and aftercare for these landscape materials. SAF:mdd WAdministratiodAgenda PreparatiodCity Council Agenda Packet Items/2002/F'arW EP Roadside Enhancement Project CITYOFEDENPRAIRJE HEN"c0mYTy RESOLUTION NO. A RESOLUTION FOR THE EDEN PRAIRIE ROADSIDE ENHANCEMENT PROJECT TRUNK EIIGHWAY 212 AND BRYANT LAKE DRNE BE IT RESOLVED that the City of Eden Prairie enter into h4NDOT Agreement No. 82339 with the State of Minnesota, Department of Transportation for the following purposes: To provide for payment by the State to the City of the State's share of the costs for the acquisition of landscape materials to be placed along Trunk Highway 212 at Bryant Lake Drive and Crown Oaks Road within the corporate City limits under State Project No. 2745-969A (T.H. 212=005). BE IT FURTHER RESOLVED that the Mayor and the Manager of Parks and Recreation Services are authorized to execute the Agreement and any amendments to the Agreement. ADOPTED by the City Council of the City of Eden Prairie this 15fh day of January 2002. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk I I SERVICE AREA: Community Development & Financial Services: Don Uram David Lindahl CITY COUNCIL AGENDA I/ SECTION Consent ITEM DESCRIPTION: ITEM NO. Calling for a March 7,2002 Public Hearing to (TIF) District for housing consider establishing a Tax Increment Financing l7-rl .L DATE: January 15,2002 Requested Action: Move to: Approve Resolution calling for a public hearing March 7,2002 to consider establishing a new Tax Increment Financing district. Synopsis: The purpose for establishing the proposed TIF District is to help finance the construction of approximately 40 workforce (affordable) rental units on a site located at Valley View Road and Flying Cloud Drive in the Golden Triangle. A resolution calling for a public hearing to consider establishing a new TIF district must be passed by the Council before an actual hearing is held. Background: A 2 1 0-unit apartment project is being planned on a 1 0-acre site located in the Golden Triangle area across fiom the Wilson Ridge office tower. The developer (Dominium) is requesting TIF financing to create about 40 workforce housing units that will be affordable to persons with incomes at 50% of the area median. Details of the TIF plan will be presented to the City Council/HRA on March 7,2002. Attachments: Resolution Project Area Maps CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION CALLING FOR A PUBLIC HEARING ON APPROVAL OF A TAX INCREMENT F"CING PLAN FOR TAX INCREMENT FINANCING (QUALIFIED HOUSING) DISTRICT NO. 16 BE IT RESOLVED by the city Council of the City of Eden Prairie, Minnesota (the "City"), as follows: 1. Proposed Financing Plan. The Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota (the "HFU") has prepared, and will present to the City for approval a tax increment financing plan (the "Financing Plan"), which establishes a tax increment financing district, as defined in Minnesota Statutes, Section 469.174, subdivision 9, designated as Tax Increment Financing (Qualified Housing) District No. 16 within the Project Area. It has been proposed that the Board of Commissioners of the HRA and the City Council approve the Financing Plan, and that this Council hold a public hearing on the Financing Plan as required by Minnesota Statutes, Sections 469.028 and 469.175, subdivision 3. 2. Public Hearin% A public hearing is hereby scheduled to be held on the Financing Plan at 7:OO p.m. on March 7, 2002, in the Council Chambers of the Eden Prairie City Center, 8080 Mitchell Road, Eden Prairie, Minnesota. The City Clerk is hereby authorized and directed to cause notice of such public hearing in substantially the form of Exhibit A hereto to be published in the official newspaper of the City not less than 10 days prior to the date of the hearing, and to provide the information required by Minnesota Statutes, Section 469.175, subdivision 2 to the appropriate governmental bodies. ADOPTED by the City Council on January 15,2002. ATTEST: Nancy Tyra-Lukens, Acting Mayor Kathleen A. Porta, City Clerk 2 EXHIBITA NOTICE OF PUBLIC HEARING ON APPROVAL OF A TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING (QUALIFIED HOUSING) DISTRICT NO. 16 OF Tm HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE, MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Eden Prairie will hold a public hearing on approval of a Tax Increment Financing Plan (the Financing Plan) for Tax Increment Financing (Qualified Housing) District No. 16 (the Financing District) of the Housing and Redevelopment Authority of the City of Eden Prairie (the HRA) at 7:OO p.m. on Tuesday, March 7, 2002, in the City Council Chambers, 8080 Mitchell Road, Eden Prairie, Minnesota. The Financing Plan provide for the financing with tax increment revenue generated by the Financing District established by the Financing Plan of certain public costs to be incurred by the HRA or the City in connection with carrying out the Plan. Accompanying this notice is a map of a portion of the City. The map shows the area encompassed by the Financing District from which tax increment may be collected pursuant to the Financing Plan and the area in which such tax increment may be expended. All who wish to be heard as to the Financing Plan will be given an opportunity to express their views at the time of the public hearing or may file written comments with the Finance DirectorKlerk prior to the public hearing. Kathleen A. Porta, City Clerk 3 I [I CITYCOUNCILAGENDA SECTION: Consent Calendar SERVICE AREAIDMSION: ITEM DESCRIPTION: Public Safety ServicesPolice Lieutenant Michael T. Bosacker Approval of 2002 Towing Services Agreement DATE: 1/15/2002 Requested Action: Move to: Approve renewal of the Agreement for Towing Services between the City of Eden Prairie and Matt’s Auto Service for the year 2002. Synopsis: This agreement for Towing Services will provide consistency of towing services and costs. Background Information: For 41 years, Matt’s Auto Service (6282 Industrial Drive, Eden Prairie) has been acting as the official towing agency for the City of Eden Prairie, working with the Police Department and the Hennepin County Sheriffs Department prior to the existence of the Eden Prairie Police Department. Until May 1999, there had not been any kind of formal agreement between the City and Matt’s Auto Service regarding services provided or fees charged for those services. Matt’s Auto Service provides towinghmpoundment services for several other local police departments including Minnetonka, Hopkins, Deephaven, Hennepin County Sheriff’ and State Patrol. This is a renewal of the 2001 agreement with no changes in fees or charges. The proposed agreement has been reviewed and approved by the City Attorney. Attachments: 2002 Agreement for Towing Services 2002 AGREEMENT FOR TOWING SERVICES THIS AGREEMENT, entered into this day of , 2002, between the City of Eden Prairie, Eden Prairie City Offices, 8080 Mitchell Road, Eden Prairie, MN 55344-2230 ("City"), and Matt's Auto Service, Inc., 6284 Industrial Drive, Eden Prairie, MN 55344 ("Contractor"). In consideration of the mutual covenants contained herein, the City and Contractor agree as follows: 1. Contractor's Services. The Contractor agrees to provide all services required by the City for towing of vehicles, as that term is defined in Minn. Stat. 0 169.01, Subd. 2. These services shall be provided in accordance with the terms of this contract. The Contractor shall furnish the equipment, personnel, supplies, and facilities sufficient to fulfill all the terms of this contract. 2. Personnel. All drivers provided for the towing vehicles shall be checked for driverls license and warrants by the City's Police Department prior to their assignment. Contractor agrees to train all drivers in the proper towing of vehicles containing hazardous materials in accordance with federal and state laws. 3. Storage Facility. The Contractor shall provide storage facility for towed vehicles which shall be fenced and locked in a secure manner. The facility shall have space for no fewer than 150 vehicles and shall be within one mile of the City limits. 4. Operation. No vehicle shall be towed under this contract without specific authorization from an employee or agent of the City. All vehicles shall be towed, not driven (except when authorized) without damage to the vehicles, to the storage facility. Contractor shall maintain and provide a telephone answering service 24 hours a day for the purpose of receiving requests for service pursuant to this contract, and provide and maintain mobile radio service with all towing units. 5. Notification of Owner. Upon the deposit of a towed vehicle in the storage facility, the Contractor shall send, within 72 hours, by certified mail, to the registered owner a notice specifying the date and place of the tow, the year, make, model, and serial number of the vehicle towed, if such information can be reasonably obtained, and the procedure to reclaim the vehicle. A record of this notice shall be retained by the Contractor. 6. Release. No vehicle shall be released without proper proof of ownership. Vehicles ordered held by the Police Department shall not be released without written authorization from said department. Vehicles not kept on a "police hold" shall be released by the Contractor after obtaining proper proof of ownership and proof of current insurance coverage if the vehicle is to be driven out of the impound lot. The Contractor reserves the right to specify the manner of payment for all charges and fees. Contractor agrees to supply personnel and - reasonable hours of operation for the release of vehicles. Minimum hours shall be 8:OO am. to 5:OO p-m. Monday through Friday; 1O:OO a.m. to 1:00 p.m. Saturdays; and 2:OO p.m. to 3:OO p.m. on Sundays and holidays. Contractor agrees to provide emergency service beyond those hours at the request of the police department. 7. Towing and Storage Charges. A 24 hour towing rate schedule for the term of the agreement for City of Eden Prairie impounded vehicles is: TOWING RATES-POLICE WOUNDS Impounded vehicles Trailering impounded vehicles (additional) Accidents Lowboy & Tractor service Dollies (Additional) Winching (Additional) Semi truck tractors and trailers On-scene additional labor charges $70 $5 minimum $75" $95/how minimum $25 $45 small truck $150 big truck* $150 minimum" $45/hour minimum *additional labor charges may be required depending on the specific equipment or labor needed at the scene. STORAGE RATES-POLICE WOUNDS Two wheel motor vehicles, mopeds, Other vehicles (ex large trucks) Inside storage Tractor-trailers, large trucks ATV's, and snowmobiles $1 5/day $1 Wday $30/day $45 - $65/day Note: (1) Vehicles not able to be towed by conventional means due to unusual factory or after-market equipment installed will be impounded at the lowboy and tractor service rate plus additional labor charges which the Contractor must justify. Note: (2) Additional labor charges include, but are not limited to, unlocking vehicles, disconnecting transmission linkages or driveshafts, unusual road clean up, snow shoveling, any additional equipment needed, and vehicles located off the main roadways. Labor charges must be justified by the Contractor. All towing or storage charges shall be the responsibility of the vehicle owner, except that (a) public safety vehicles requiring towing within the City of Eden Prairie area shall be towed without charge to the City, (b) vehicles towed and/or stored in error (at the request of the City) shall be returned to the owner at no charge, (c) Contractor may charge, in its discretion, a $25 fee for vehicles impounded by the City and abandoned by the owner that require disposal at the Contractor’s expense pursuant to paragraph 10 of this Agreement. Any such fees charged by the Contractor shall be deducted fiom the administrative fees owed by the Contractor pursuant to paragraph 9 of this Agreement. 8. Forfeited Vehicles. - Vehicles towed and stored pursuant to seizure/forfeiture under Minnesota Statutes 95 609.531 to 609.5318 and 5169A.63 shall be towed and stored at the following rates: $125 towing and storage for first 45 days; and $150 storage of seized vehicles per month after the first 45 days. Payment of the fees for towing and storage of seized vehicles shall be deducted fiom the administrative fees owed by Contractor or paid fiom revenue fiom the sales of seized vehicles. Vehicles no longer held for seizure may be released to the registered owner as outlined in paragraph 6 above so long as the registered owner has paid all fees related to the seizure. Release of such vehicles shall be governed by Minnesota Statutes $8609.531 to 609.5318 and 5169A.63. Any storage or towing fees paid by the registered owner, which have already been paid by the City, shall be reimbursed to the City by the Contractor. 9. Administrative Fees. The Contractor agrees to pay the City $4.00 for clerical and administrative expenses for each vehicle referenced in an impound towing report filed by the Police Department. These fees shall be paid semi-annually, June 30 and December 31, of each year for the preceding six month period. Vehicles not claimed and destroyed by the Contractor will be exempt fiom the administrative fee. 10. Records and Reports. Contractor shall prepare a semi-annual report of all vehicles towed, stored, released, and still held, in a form acceptable to the City. This report shall be forwarded to the police department at the same time as payment of the administrative fees referenced in paragraph 9. The report shall include the reasons why, if any, vehicles towed have not been released. All records of services provided by the Contractor pursuant to this agreement shall be available for inspection by the City upon request. 1 1. Sales andor Disposal. When the total of all charges for towing, storage, and other charges equals or exceeds the value of the vehicle impounded, the Contractor shall, with the permission of the Chief of Police, sell the vehicle at a sheriffs sale or otherwise dispose of the vehicle by lawhl means. The Chief of Police may authorize the lawfid sale of other vehicles when so requested by the Contractor after proper notification has been made to the registered owner. The Contractor shall report all transactions of sale or disposal, including the proceeds received, in the semi-annual report referenced above in paragraph 10. The Contractor shall keep records and prepare an annual summary report by January 3 1,2003, of all losses and profits fiom the sale or disposal of vehicles towed pursuant to this agreement. 12. Liabilitv. The Contractor shall be responsible for the loss of, or damage to, any vehicle, equipment thereon, and contents therein due to the fault of the Contractor or his agent, fiom the time he, or his agent, takes custody of the vehicle, whether that be by signing the receipt for the vehicle or by hooking or hoisting the vehicle. The Contractor shall be responsible for the safe keeping of personal property, within or on the vehicle, as identified on the vehicle impound form. 13. Indemnification. The Contractor shall indemni@, hold harmless and defend the City, its employees and agents from, and against, all claims, damages, losses and expenses, including attorneys' fees, which the City may suffer or for which it may be held liable because of bodily injury, including death, or damage to property, including loss of use, as a result of the fault of the Contractor, its employees, agents or subcontractors in the breach or performance of this agreement. 14. Insurance. The Contractor shall obtain and maintain liability insurance for coverage of not less than the following amounts: Hazardous Load As required by fedstate laws Worker's Compensation Statutory Employer's Liability $100,000/$500,000/$100,000 Bodily Injury & $100,000 each occurrence Fire & Theft $30,000 each occurrence Garagekeeper Liability $30,000 each occurrence Property Damage The insurance shall cover all operations under this contract, whether undertaken by himself, subcontractors or anyone employed or retained by them. Coverage for bodily injury and property damage shall be written under comprehensive general and comprehensive automobile liability policy forms, including coverage for all owned, hired and non-owned motor vehicles. The insurance shall also cover the indemnification liability set forth in paragraph 13. All insurance policies required by this requirement shall include a provision that provides that the policy may not be canceled, terminated, or reduced except upon thirty (30) days written notice to the City. The insurance company shall deliver to the City certificates of all required insurance on a form provided by the City, signed by an authorized representative. The representative shall have in effect errors and omissions coverage in limits of not less than $100,000 per occurrence and $3 00,000 aggregate. 15. Non-Discrimination. The Contractor agrees during the life of this contract not to discriminate against any employee, applicant for employment, or other individual because of race, color, sex, age, creed, national origin, or any other basis prohibited by federal, state or local laws. The Contractor will include a similar provision in all subcontracts entered into for performance of this contract. 16. Subcontractors. The Contractor shall not subcontract all or any portion of this contract without prior written approval of the City, except for assistance in emergency or unforeseen circumstances. All subcontractors shall be bound by, and covered by, all terms of this agreement. 17. Agreement Period. This Agreement shall commence on January 1, 2002, and terminate on January 15,2003. This Agreement may be renewed fiom year to year on the same terms and conditions upon the mutual written consent of both City and contractor. This agreement may also be terminated by either party upon fifteen (15) days written notice if the other fails to perform in accordance with the terms of this Agreement through no fault of the terminating party. 18. Independent contractor. At all times and for all purposes hereunder, the Contractor is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Contractor an employee of the City. 19. Compliance with Laws. In providing services pursuant to this Agreement, the Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to the performance of this contract. Any violation shall constitute a material breach of this agreement and entitle the City to terminate this agreement. 20. Audit. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor as appropriate. 21. Payment to Subcontractors. The Contractor shall pay any Subcontractor within ten (10) days of the Contractor's receipt of payment fiom the City for undisputed services provided by the Subcontractor. The Contractor shall pay interest of one and one-half percent (1?4%) 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 interest penalty payment for an unpaid balance of $100.00 or more is $10.00, For an unpaid balance of less than $100.00, the Contractor shall pay the actual amount due to the Subcontractor. 22. Data Practices Act Compliance. The Contractor shall at all times abide by Minn. Stat. 0 13.01 et seq., the Minnesota Government Data Practices Act, to the extent the same is applicable to data and documents in the possession of the Contractor. 23. Final Payment. The City may withhold fiom any final payment due the Contractor such amounts as are incurred or expended by the City on account of the termination of the Agreement. 24. Whole Ameement. This Agreement embodies the entire agreement between the parties including all prior understanding and agreements, and may not be modified, except in writing, signed by all parties. MATT'S AUTO SERVICE, INC. CITY OF EDEN PRAIRIE BY BY Its Owner Its Mayor BY Its City Manager Dated ep\\police\towin,o contract - 2002 Dated CITYCOUNCILAGENDA SECTION: Consent CaIendar SERVICE AREALDMSION: Public Safety ServicesRolice Lieutenant Michael T. Bosacker DATE: 1/15/2002 ITEM DESCRIPTION: Approval of 2002 Agreement for Forfeiture Vehicle Storage and Disposal ITEM NO.: mx, Requested Action: Move to: Approve the Agfeement for Forfeiture Vehicle Storage and Disposal between the City of Eden Prairie and Auction Broadcasting Company for the year 2002. Synopsis: This agreement for Forfeiture Vehicle Storage and Disposal will provide an efficient and cost saving way to store and dispose of vehicles obtained by the City through forfeiture or civil process as the result of their use in connection with a criminal act. Background Information: In January of 2001 the City entered into an agreement with Auction Broadcasting Company to provide storage and disposal services for vehicles obtained through forfeiture or civil process primarily from repeat driving while intoxicated offenders. Company the City has seen significant savings in fees related to the storage and disposal of these vehicles compared to previous years. This would be a renewal of the same agreement from 2001 with no increases in fees. This agreement has been reviewed and approved by the City Attorney. By using Auction Broadcasting, Attachments : 2002 Agreement for Forfeiture Vehicle Storage and Disposal AGREEMENT BETWEEN THE CI’IY OF EDEN PRAIRIE AND AUCTION BROADCASTING COMPANY MINNEAPOLIS THIS AGREEMBNT is made and entered into this day of , 2002, by and between the City of Eden Prairie, a Minnesota municipal corporation located at 8080 Mitchell Road, Eden Prairie, Minnesota 55344 (hereinafter referred to as the “City”), and Auction Broadcasting Company Minneapolis, a limited liability corporation with its principal place of business located at 18270 Territorial Road, Dayton, Minnesota 55360 (hereinafter referred to as “ABC”). WITNESSETH WHEREAS, the City comes into possession of and is authorized to retain various motor vehicles which are identified as potentially being subject to forfeiture or other civil processes under the laws,of the State of Minnesota as a result of their having been used in the connection with a criminal act (hereinafter referred to as “Forfeiture Vehicles”) and upon successful completion of the forfeiture or civil process the City is authorized to dispose of said vehicles in accordance with Chapter 2 of the Eden Prairie City Code; and WHEREAS, ABC represents that it has the professional expertise and knowledge to perform its duties as an automobile dealer, and is licensed by the State of Minnesota in that capacity; and WHEREAS, the City desires to hire ABC to transport, store, repair, maintain and sell its Forfeiture Vehicles; NOW, THEREFORE, in consideration of the terms and conditions expressed herein, the parties agree as follows: 1. Term of Agreement. The term of this Agreement shall begin January 16, 2002, and shall continue until January 15,2003, subject to termination as provided in Article IV. 2. Duties of ABC. ABC shall perform the following duties: 2.1 Upon specific authorization fiom the City, ABC agrees to drive or transport those vehicles identified by the City as one of its Forfeiture Vehicles to a secure location to be determined and managed by ABC. Upon receipt of a City Forfeiture Vehicle ABC accepts full responsibility for it and agrees to exercise due diligence in the care, maintenance and storage of said vehicle until the time that it is sold or released, so as to avoid waste and obtain a reasonable sale price at auction. Upon specific authorization fiom the City, ABC agrees to perform such minor repair work on the City’s Forfeiture Vehicles so as to prepare them for auction and maximize the City’s return at auction, but in no event shall such repair work exceed the cost of TWO HUNDRED AND N0/100 DOLLARS ($200.00) without prior, written authorization by the Eden Prairie City Manager or hidher designee. Upon specific authorization fiom the City, ABC agrees to release the City’s Forfeiture Vehicles prior to auction on such terms and conditions as the City may direct. 2.2 2.3 2.4 2.5 ABC agrees to box and store personal property that is not affixed to, but located within, the City’s forfeiture vehicles and upon specific authorization from the City to release such property on such terms and conditions as the City may direct. Upon specific authorization fiom the City, ABC agrees to promptly sell the City’s Forfeiture Vehicles in a commercially reasonable manner by an open and competitive automobile dealer or salvage auction. ABC agrees to defend, indemnify and hold harmless the City, its officials, employers, and agents fiom any and all claims, causes of action, lawsuits, damages, losses, or expenses, including attorney fees, arising out of or 2.6 2.7 resulting fi-om ABC’s (including its officials, agents or employees) performance of the duties required under this Agreement provided that any such claim is caused in whole or in part by any negligent act or omission or willfbl misconduct of ABC. During the term of this Agreement ABC agrees to maintain general comprehensive liability insurance in th amount of $1,000,000 for any damage in property, theft, loss or other claims as a result to ABC’s negligence or malfeasance in performing this Agreement. In addition, ABC agrees to maintain such motor vehicle liability insurance as required by state and federal laws. ABC fwther agrees to designate City as an additional insured under said policies and said policies shall provide that the policies shall not be cancelled or terminated for any reason except upon thirty (30) days’ written notice to City. ABC shall be licensed and bonded in the State of Minnesota to perform its duties under this Agreement and shall provide a certificate of licensure, bonding, arid insurance to the City. ABC agrees to comply with all applicable local, state and federal laws, rules and regulations in the performance of the duties of this Agreement. It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing an agency or partnership relationship between the parties hereto or as constituting ABC’s staff as the agents, representatives or employees of the City for any purpose in any manner whatsoever. AT3C and its staff are to be and shall remain an independent contractor with respect to all services performed under this Agreement. ABC represents that it has, or will secure at its own expense, all personnel required in performing services under this Agreement. Any and all personnel of ABC or other persons, while 2.8 2.9 2.10 2.11 2.12 2.13 engaged in the performance of any work or services required by ABC under this Agreement, shall have no contractual relationship with the City and shall not be considered employees of the City, and any and all claims that may or might arise under the Workers’ Compensation Act of the State of Minnesota on behalf of said personnel or other persons while so engaged, and any and all claims whatsoever on behalf of any such person or personnel arising out of employment or alleged employment including, without limitation, claims of discrimination against ABC, its officers, agents, contractors or employees shall in no way be the responsibility of the City, and ABC shall defend, indemnify and hold the City, its officers, agents, and employees harmless from any and all such claims regardless of any determination of any pertinent tribunal, agency, board, commission or court. Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever fiom the City, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers’ Compensation, Unemployment Compensation, disability, severance pay and PERA. The books, records, documents, and accounting procedures and practices of ABC, relevant to this Agreement, are subject to examination by the City, the legislative auditor andor the state auditor for a period of six(6) years after the effective date of this contract, pursuant to Minnesota Statutes Section 16C.05, subdivision 6. In performance of this Agreement, ABC shall not discriminate on the grounds of or because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation, or age against any employee of ABC, any subcontractor of ABC, or any applicant for employment. ABC shall include a similar 2.14 2.15 2.16 provision in all contracts with subcontractors to this Agreement. ABC Mer agrees to comply with all aspects of the Minnesota Human Rights Act, &. Stat. $363.01, et seq., Title VII of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. ABC shall at all times comply with and abide by Minnesota Government Data Practices Act, Minn. Stat. $ 13.01, et seq., to the extent that the Act is applicable to data and documents in the hands of ABC. ABC represents and warrants that it has and will maintain during the performance of this Agreement worker’s compensation insurance coverage required pursuant to Minn. Stat. $ 176.181, subd. 2 and that the certificate of insurance or the written order of the Commissioner of Commerce permitting self insurance of worker’s compensation insurance coverage provided to the City prior to execution of this Agreement is current and in force and effect. Any Forfeiture Vehicles which ABC has been authorized and directed to sell but was unable to sell under the terms of this Agreement shall be returned to the City at a site designated by it as soon as reasonably practicable but in no event more than sixty (60) days from the occurrence of the event making sale under this Agreement impossible. 3. Duties of the Citv. The City shall perform the following duties: 3.1 The City shall consign specifically identified Forfeiture Vehicles to ABC to sell to the highest bidder at public dealer or salvage auction. The City shall certifjr that it has good title and right to sell those of its Forfeiture Vehicles which it directs and specifically authorizes ABC to sell at public dealer or salvage auction and shall provide and deliver merchantable title to the purchaser upon notification fiom ABC. 3.2 3.3 The City shall defend, indemnify and hold harmless the ABC, its officials, employees and agents, from any and all claims, causes of action, lawsuits, damages, losses or expenses, including attorney fees, arising out of or resulting from the City’s performance of the duties required under this Agreement, provided that any such claim is caused in whole or in part by any negligent act or omission or willful misconduct of City. Nothing contained in this indemnity agreement shall waive or in any way relinquish or limit the City’s immunity or liability limitations provided by common law and Minnesota Statutes Chapter 466. The City shall pay to ABC the following amounts as and for its services properly authorized and provided pursuant to this Agreement. 3.4 3.4.1 3.4.2 3.4.3 3.4.4 3.4.5 3.4.6 3.4.7 Transportation of an Operable Forfeiture Vehicle to or fi-om the City of Eden Prairie to ABC’s designated storage site: $35.00. Tow of an inoperable Forfeiture Vehicle (tow or trailer) to or from the City of Eden Prairie to ABC’s designated storage site: $75.00. Repair of a Forfeiture Vehicle prior to auction: shop rates. Sale by auction of a Forfeiture Vehicle: $1 10.00. Release of a Forfeiture Vehicle prior to auction: $50.00 redemption fee plus any charges (i.e., transportation). Storage fee if car is not sold within 90 days: $3.00/day. Inventory fee for release of personal property: $15.00. 4. Termination. Either party may terminate this Agreement for any reason upon krty (30) days’ advance written notice to the other party. The City reserves the right to cancel this Agreement at any time in event of default or violation by ABC of any provision of this Agreement. The City may take whatever action at law or in equity that may appear necessary or desirable to collect damages arising from a default or violation or to enforce performance of this Agreement. 5. Miscellaneous Provisions. 5.1 5.2 5.3 5.4 5.5 Modification. Any material alterations, variations, modifications or waivers of provisions of this Agreement shall be valid only when they have been reduced to writing as an amendment to this Agreement and signed by both parties. Assignment. This Agreement shall not be assignable except at the written consent of the City. Entire Agreement. This Agreement represents the final and complete Agreement between ABC and the City and supersedes and cancels any and all prior agreements or proposals, written or oral, between the parties relating to the subject matter hereof. Severability. The invalidity, in whole or in part, of any term or provision of this Agreement does not effect the validity of the remainder of this Agreement. Governing Law. This Agreement shall be governed and construed under the laws of the State of Minnesota. Both parties consent to jurisdiction in the state or federal cows located in Hennepin County, Minnesota. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed the day and year first above written. CITY OF EDEN PRAlRIE Mayor RV Carl Jullie, City Manager AUCTION BROADCASTING COMPANY IViIJmEAl?OLIS RV ep\police\auction broadcastingbgreement-2002 CITY COUNCIL AGENDA SECTION: Public Hearings DATE: 01/15/02 # Donald R. Uram Scott A. Kipp I UnitedHealth Group PUD ITEM NO.: Requested Action 0 Close the Public Hearing; and Adopt Resolution for Guide Plan Change fiom Office to High Density Residential on 19 acres, Office to Regional Commercial on 4.2 acres, Office to Neighborhood Commercial on 4.5 acres, Medium Density Residential to Quasi-public on 10 acres, and from Medium Density Residential to Office on 5 acres; and 0 Adopt Resolution for Planned Unit Development Concept Review on 72 acres; and Direct Staff to prepare a Developer’s Agreement incorporating Commission and Staff recommendations (and Council conditions). Synopsis This is a mixed-use PUD Concept plan consisting of 1,131,700-sq. ft. of office, 331 apartment units, a 125-room hotel/restaurant, and 25,000 square feet of retail. The project is located south of TH62, east of Shady Oak Road and north of City West Parkway. The Community Planning Board voted 7-0 to recommend approval of the project to the City Council at its December 10,2001 meeting. Background Information Guide Plan Change The guide plan changes are as follows: 0 0 0 0 Office to high density residential on 19 acres Office to regional commercial on 4.2 acres Office to neighborhood commercial on 4.5 acres Medium density residential to quasi-public on 10 acres Medium density residential to office on 5 acres These changes will result in a total of 29.3 acres of office, 19 acres of high density residential, 15 acres of quasi-public, 4.5 acres of neighborhood commercial, and 4.2 acres of regional commercial uses. The guide plan changes and PUD Concept are primarily rearranging Iand uses on &e property which result in the following benefits to the City: A mixed-use development of of€ice, retail and housing Preservation of the 10 acre wooded knoll through density transfer and conservation easement Preservation of 10.57 acres (91.3%) of the 11.57 acres of wetlands by conservation easement Wetland mitigation on site with required buffers and setbacks Significant tree loss of 29% 20% of housing units affordable with Tax Increment Financing Traffic reduction through mixed land use Travel Demand Management Plan to reduce traffic PUD 'Waivers In exchange for the preservation of the wooded knoll and other natural resources the city will be asked to consider waivers at the time of the rezoning of the property. The following waivers have been identified: Ofice Site Floor Area Ratio of 0.99. Code maximum is 0.50. 0 Building height greater than 30 feet. Six, eight, and ten story buildings are anticipated. Structure setback from wetland buffer of 35%. Code maximum is 10%. High Densily Residential Site 0-foot internal setback to parking. Code requires a 10-foot setback. Shared parking is anticipated. Neighborhood Commercial Site 0 0 0-foot internal setback to parking. Code requires a 10-foot setback. Shared paring is FAR of 0.5 1. Code maximum is 0.40. Housing is proposed above the retail uses. anticipated. Building height greater than 30 feet. Housing is proposed above the retail uses. Traffic and Road Improvements The traffic study indicates the proposed plan will add 14,100 average daily trips with 1,850 AM peak hour, and 1,780 PM peak hour trips in 2005, the year of anticipated completion of the project. A Travel Demand Management plan will be required at the time of development with a minimum goal of 8% peak period trip reduction above existing background levels. This would result in a total trip reduction due to travel demand management practices of 13% to 15%. Over time various road improvements will need to occur in the area involving MnDOT, Hennepin County, the City, and UHG. The following road improvements will need to be constructed by UHG as part of its PUD implementation to maintain acceptable levels of service. The specific timing of these improvements will be based on the phasing of the development. 0 Shady Oak Road Widening; and Intersection Improvements Left turn lanes on Shady Oak Road a) 2 b) c) Shady Oak Roarnest 6Znd Street Intersection Shady Oak RoadCiry West Parkway (north intersection) I +Lane Section Shadv Oak Road 0 Shadv Oak Road/Citv West Parkwav (south intersection) (HOV Bvpass/Slip Ramp - Shadv Oak Road South Ramp to Eastbound TH62)** Short Term Improvement at TH212/Shady Oak Road a) b) c) Free right west approach Shady Oak Road/TH212 West Ramp Dual left north approach Shady Oak RoadTH212 West Ramp Dual left south approach Shady Oak Road/TH212 East Ramp **Potential future partnering efoort with MnDOT and the City. This item was not part of the trafic study and is anticipated to be a shared cost between public agencies and UHG. Tax Increment Financing will also be used to offset some of the costs of constructing regional road improvements associated with the multiple family portion of the project. Alternative Urban Areawide Review The Alternative Urban Areawide Review (AUAR) is an environmental review to consider an overall development scenario for a large site, rather than incremental impacts of individual projects or phases of one large project over a period of time. This is a comprehensive review of drainage, wetland, traffic, water quality, and vegetation. The review identifies impacts and mitigation plans. The AUAR is distributed to local, state, and federal agencies to identify any environmental protection measures. The AUAR for UHG has identified the areas of potential significant environmental impact, 'and includes the response to comments, and a mitigation plan for the project. The mitigation plan is provided on pages M- 1 through M- 1 1 of the AUAR. The City Council will adopt the Resolution for the AUAR at the time of Developer Agreement approval. Attachments 1. Resolution for Guide Plan Change 2. Resolution for Planned Unit Development Concept Review 3. Comunity Planning Board minutes dated December 10,2001 4. St~Report dated November 23,2001 3 ll”IXDHE&TH GROUP PUD CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2002- A RESOLUTION AMENDING THE COMPREHENSIVE MUNICIPAL PLAN WHEREAS, the City of Eden Prairie has prepared and adopted the Comprehensive Municipal Plan (“Plan”); and WHEREAS, the Plan has been submitted to the Metropolitan Council for review and comment; and WHEREAS, the proposal of UnitedHealth Group PUD by UnitedHealth Group is for 1,131,700 square feet of office, 331 housing units, 125-room hotel and restaurant, and 25,000 square feet of retail. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eden Prairie, Minnesota, hereby adopts the amendment of the Plan subject to Metropolitan Council approval as follows: Office to High Density Residential on 19 acres, Office to Regional Commercial on 4.2 acres, Office to Neighborhood Commercial on 4.5 acres, Medium Density Residential to Quasi-public on 10 acres, and from Medium Density Residential to Office on 5 acres, located south of Highway 62, east of Shady Oak Road, and north of City West Parkway. ADOPTED by the City Council of the City of Eden Prairie this 15th day of January, 2002. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen A. Porta, City Clerk 4 UNITEDHEALTH GROUP PUD CONCEPT EXHIBITA (A. per Schedule A of Cwnm'%rnent to Title from Chicago Title Insurance Company. File No. 100109904 dated Apnl 25. 2001) PARCn I: South llne of the Narth Half of the-Northwest Quarter, Sectlan 1, Tawnshlp 116. Range 22: That part of the Narthwest Quarter of the Narthwut Quarter, Sectlan 1, Township 116. Range 22 I*g West of a line drawn from a point an the North llne of said Northwest Quarter of the Northwest Quarter dlstant 2825 feet East from the Northwest Comer of sald Northwest Quarter of he Narthwet Quarter to a point an the South Ilne of said Northwest Quarter of the Nwthwest Quarter dlstant 2825 feet East from the Southwest carner of sald Northwest Quarter of the Northwest Quarter; Except that part of said Tract which lies West of a line drawn 40 feet East of the followlng described 'Una A': Une -A*: Beglnnlng ot a point on the South line of Sectlan 36, Township 117, Range 22, distant 488.84 feet Easterly of the Southwest carner of sald Sectlan 36; thence run Southerly from sold line at an angle of 95 degrees 40 mlnutes 48 seconds as measured from the West to South far a distance of 1.638.23 feet to the actual point af beginning of the line to be described: thence deflect to the right 180 degrees far a distance of 840 feet to a palnt therelnafter referred to as Polnt "Am, thence contlnue Northerly far a dlstance of 200 feet and there termlnatlng. Also except that part of the above descrlbed tract whlch Iles West of the following described Une "8": Une '8": Beginnlng at Point 'A' an the above described Line -A': thence run Easterly at right angles to said Line 'A' far a distance of 40 feet to the actual point of beglnnlng of the llne to be described; thence deflect to the left 88 degrees 34 mlnutes 04 seconds for a dlstance of 600 feet and there terminating. Also except that part of the above described tract which lies Northerly of a line drawn parallel with and distant 40 feet Southerly of the following described Ilne. hereinafter.referred to as: Une 'D": said Sectian 1; thence run Southwesterly along a curve tangent to said North llne having a radius of 409.26 feet (delta angle 47 degrees 57 mlnutes 23 seconds) far a distance of 342.55 feet; thence tangent to sald curve far a dlstance of 63.05 feet; thence deflect to the right along a tangentlal curve havlng a radlus of 286.48 feet (delta angle 42 degrees 15 mlnutes 00 seconds) for a dlstance of 211.25 feet; thence tangent to said curve far a distance of 326.31 feet and there termlnatlng: accardlng ta the Government Survey thereof. That part of the fallowing descriied pard Igng Nartheriy of a line 393.17 feet Ncrtheriy of. as measured at a right angle to the '- Beglnnlng at a palnt on the North line of Section 1, Townshlp 116, Range 22. dlstont 577.37 feet Easterly of the Northwest carner of PARCEL 2: Range 22, lying East of a line drawn from a point on the North llne of sald Northwest Quarter of the Northwest Quarter distant 282.5 feet East from the Northwest corner of sald Northwest Quarter of the Northwest Quarter to a palnt an the South llne of sold Northwest Quarter of the Northwest Quarter distant 2825 feet East from the Southwest carner of sald Northwest Quarter of the Northwest Quarter, EXCEPT that part of the above described land lying Northerly of the fallowing described line: Cammencing at a paint on the North line of said Northwest Quarter of the Northwest Quarter distant 577.37 feet East from the Northwest comer of said Northwest Quarter of the Northwest Quarter; thence South. at a right angle ta sold North line a dlstance of 40 feet to the point of beglnnlng of the llne ta be described: thence Southwesterly a dlstance of 309.07 feet along a curve whlch Is tangentiol to a llne parallel with said North Ilne and concave to the Southeast and having a radius of 369.26 feet and a centrol angle of 47 degrees 57 mlnutes 23 seconds; thence Southwesterly, tangent to sald curve, a dlstance of 63.05 feet and there terminating. according to the Government Survey thereof. The North 350 feet of the West 164.15 feet of that part of the Northwest Quarter of the Northwest Quarter, Section 1. Townshlp 116, PARCEL 3: South llne of the North Half of the Northwest Quarter, Sectlon 1, Tawnshlp 116, Range 22: That part of the Northwest Quarter of the Northwest Quarter, Section 1, Township 116, Range 22, descrlbed as beglnnlng at a point an the South llne of said Northwest Quarter of the Narthwest Quarter dlstant 282.5 feet East from the Southwest carner of said Narthwest Quarter of the Northwest Quarter; thence East along said South line a distance of 557.5 feet: thence Narth to a point on the North line of said Narthwest Quarter of the Northwest Quarter distant 840 feet East from the Narthwest carner of said Northwest Quarter of the Northwest Quarter; thence West along said North llne to a palnt 577.37 feet East from the Northwest carner of said Northwest Quarter of the Northwest Quarter; thence South at a rlght angle a dlstance of 40 feet; thence Southwesterly a distance of 309.07 feet alang a curve whlch Is tangential ta a line parallel with sold North line and concave to the Southeast and has a radlus of 369.26 feet and a central angle of 47 degrees 57 mlnutes 23 seconds; thence Southwesterly, tangent to sald curve to an lntersectlon with a llne drawn North from the paint of beglnnlng to a polnt on the North line of sald Northwest Quarter of the Northwest Quarter dlstant 282.5 feet East from the Northwest carner of said Northwest Quarter of the Northwest Quarter; thence South along the last described llne to the point of beginning; EXCEPT that part of the West 164.15 feet of the abovi described land lylng wlthln the Narth 350 feet of sald Northwest Quarter of the, Northwest Quarter, accordfng to the Government Survey thereof. PARCEL 4 That part of the fallawlng descrlbed parcel lying Northerly of a Ihe 393.17 feet Nartherly of, as measured at a rlght angle to the South line of the North Half of the Northwest Quarter, Sectlon 1. Township 116, Range 22: That part of the Northwest Quarter of the Northwest Quarter, Section 1. Township 116. Range 22, described as beginning at a polnt an the North line of said Northwest Quarter of the Northwest Quarter dlstant 840 feet East from the Northwest carner of sald Narthwest Quarter of the Northwest Quarter; thence South to a polnt an the South line of said Northwest Quarter of the Northwest Quarter distant 840 feet East from the Southwest comer of said Northwest Quarter of the Narthwest Quarter; thence East along said South llne a distance of 30.94 feet, mare ar less, to the Southwest camer of the East 63 acres of the North Half of the Northwest Quarter of sald Sectlon 1; thence Narth along the West line of the East 63 ocres of said North Half of the horthwest Quarter ta the North llne of said Northwest Quarter of the Northwest Quarter; thence West along said North llne a dlstance of 88.53 feet. mare or less, to the paint of beglnnlng, accordlng to the Government Survey thereof. P!iRCEL 5 That part of the follawlng descrbed parcel lylng Northerly of a llne 393.17 feet Northerly of, as measured at a rlght angle to the That part of the ivest 20 acres of the East 63 acres of the North Half of the Northwest Quarter. Sactlon 1. Tawnshin 116. Ranaa . . -, . . 22, Henneph County, State of Minnesota lying Southerly of the Southerly rlght af way llne of Cwnty Road No.'62. and I$ng-Na-rth>rly of a IGi 393.17 feet Northerly of, as measured at a right angle to, the South line of the Narth Half of the Narthwest Quarter, said Sectlan 1. according to the U.S. Government Survey thereof. Together wlth a non-excluslve easement (hereln the 'Private Easement') for roadway purposes aver, under, across and thraugh that part of the South 393.17 feet of the Northwest Quarter of the Narthwest Quarter of Section 1. Township 116, Range 22 Hennepin County, Mlnnesota, descriied as follows. BegInnlng at the Intersection of the Narth llne of sold South 393.17 feet and the Easterly right-of-way lha of County Road No. 61.as descrlbed fn Document Na 970391; thence Easterly along said Narth Ilne a distance of 600 feet; thence Swtherly at rlght angles a dbtance of 60.00 feet; thence Southerly and Northerly a dktance of 188.50 feet along a tangential cum cancave ta the Narth having a radlus of 60 feet and a central angle of 180 degrees; thence Westdy parallel with said Ncrth line to said Easterly rIght-af-way line of County Rwd No. 61: thence Ndhwesterly along soid Eastdy rIght-af-way IIna to the point of heg'nning. (hereln the 'Easement Pard'). Tomns Csrtificata Numbec 610726 5 CITY OF' EDEN PRAIRIE HENiWPpN COUNTY, MINNESOTA RESOLUTION NO. 2002- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF UNITEDHEALTH GROUP PUD FOR UNITEDHEALTH GROUP WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) Concept of certain areas located within the City; and WHEREAS, the Community Planning Board did conduct a public hearing on UnitedHealth Group PUD Concept by UnitedHealth Group and considered their request for approval of the PUD Concept plan and recommended approval of the request to the City Council; and WHEREAS, the City Council did consider the request on January 15,2002. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. UnitedHealth Group PUD, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans dated January 4,2002. 3. That the PUD Concept meets the recommendations of the Community Planning Board dated December 10,2001. ADOPTED by the City Council of the City of Eden Prairie this 15th day of January, 2002. Kathleen A. Porta, City Clerk Nancy Tyra-Lukens, Mayor UNI[TEDBEALTH GROUP PUD CONCEPT EXHIBIT A (Aa per Schedule A of CMnrnitmcnt to Title from Chicago Title Insurance Campany, File No. 100109904 dated April 25. 2001) PARCEL 1: South line of the North Half of the-Nohwest Quarter, Section 1, Township 116, Range 22: That part of the Northwest Quarter of the Northwest Quarter, Section 1, Townshlp 116, Range 22 lying West of a line drawn from a point on the North line of said Northwest Quarter of the Northwest Quarter distant 282.5 feet East from the Northwest Comer of said Northwest Quarter of the Northwest Quarter to a point an the South iine of said Northwest Quarter of the Northwest Quarter distant 282.5 feet East from the Southwest comer of said Narthwest Quarter of the Northwest Quarter; Except that part of said Tract which lies West of a line drawn 40'feet East of the following described 'Une A": Line -A*: Beginnhg at a point on the South line of Section 36, Township 117. Range 22. distant 488.84 feet Easterly of the Southwest comer of said Section 36; thence run Southerly from said llne at on angle of 95 degrees 40 mlnutes 48 seconds as measured from the West to South for a distance of 1.638.23 feet to the actual point of beginning of the line to be described; thence deflect to the right 180 degrees for a distance of 840 feet to a point thereinofter referred to as Point "A", thence continue Northerly for o dlstance of 200 feet and there tennlnotlng. Also except that part of the above described tract which lles West of the following descrlbed Una =E-: Line -am: Beginning at Point 'A' on the obove described Line .A"; thence run Eosterly at rlght angles to said Line 'A' for a dlstance of 40 feet to the actual polnt of beginnlng of the Ilne to be descrlbed; thence deflect to the left 88 degrees 34 mlnutes 04 seconds for a dlstance of 600 feet and there termlnoting. Also except that part of the above described tract which lies Northerly of a line drown parallel with and distant 40 feet Southerly of the following described line, hereinofter referred to as: Una .D': Beginnhg at a point on the North line of Section 1, Township 116, Range 22, dlstant 577.37 feet Easterly of the Northwest comer of said Section 1; thence run Southwesterly along a curve tangent to said North line having a rodius of 409.26 feet (delta angle 47 degrees 57 mlnutes 23 seconds) for a dlstonce of 342.55 feet; thence tangent to said curve for a dlstonce of 63.05 feet; thence deflect to the right olong ' a tangentlal curve having a radius of 286.48 feet (delta angle 42 degrees 15 mlnutes 00 seconds) for a distance of 211.25 feet: thence tangent to said curve for a distance of 326.31 feet ond there terminating: occordlng to the Government Survey thereof. That part of the fdlowing descnied pad Iring Northerly of a line 393.17 feet Northerly of, as measured at a right angle to the PARCEL 2: Range 22. lying East of a line drown from a point on the North llne of said Northwest Quarter of the Northwest Quarter distant 282.5 feet East from the Northwest comer of sold Northwest Quarter of the Northwest Quarter to a point on the South llne of sald Northwest Quarter of the Northwest Quorter distant 2825 feet East from the Southwest corner of said Northwest Quarter of the Northwest Quarter, EXCEPT that part of the obove described land lying Northerly of the following described line: Commencing at a point on the North line of said Northwest Quarter of the Northwest Quarter distant 577.37 feet East from the Northwest comer of said Northwest Quarter of the Northwest Quarter; thence South, at a rlght angle to said North line o distance of 40 feet to the point of beginning of the line to be descrlbed; thence Southwesterly a distance of 309.07 feet along o curve which Is tongential to o line parallel with said North line and concave to the Southeast and hoving a radius of 369.26 feet and a centrol angle of 47 degrees 57 mlnutes 23 seconds: thence Southwesterly, tangent to sald curve, a dlstance of 63.05 feet and there terminating, according to the Government Survey thereof. The North 350 feet of the West 164.15 feet of that part of the Northwest Quarter of the Northwest Quarter. Section 1. Township 116, PARCEL 3: South line of the North Half of the Northwest Quarter, Section 1, Township 116, Range 22: That part of the Northwest Quarter of the Northwest Quarter, Section 1, Township 116, Range 22. descrlbed as beglnnlng at a point an the South line of said Northwest Quarter of the Northwest Quarter distant 282.5 feet East from the Southwest comer of said Northwest Quarter of the Northwest Quorter; thence Eost along sald South line a distance of 557.5 feet: thence North to a point on the North line of said Narthwest Quarter of the Northwest Quarter dlstant 840 feet Eost from the Northwest corner of sold Northwest Quarter of the Northwest Quarter; thence West along sald North line to o point 577.37 feet East from the Northwest comer of sold Northwest Quarter of the Northwest Quarter; thence South at o right angle a dlstonce of 40 feet: thence Southwesterly a distance of 309.07 feet olong o curve which Is tangential to o line parallel wlth sald North line and concave to the Southeast and has o radius of 369.26 feet and a central ongle of 47 degrees 57 minutes 23 seconds; thence Southwesterly. tangent to sald curve to on intersection wlth a line drawn North from the point of beginning to a point on the North line of said Northwest Quarter of the Northwest Quarter dlstant 282.5 feet East from the Northwest comer of soid Northwest Quarter of the Northwest Quarter; thence South along the last described line to the point of beglnning: EXCEPT that port of the West 164.15 feet of the obove descrlbed land lying wlthln the North 350 feet of sald Northwest Quarter of thq Northwest Quarter, accordlng to the Government Survey thereof. PARCEL 4: That part of the following descrlbed parcel lylng Northerly of a line 393.17 feet Northerly of, as measured at a rlght angle to the South llne of the North Half of the Northwest Quarter. Section 1, Townshlp 116, Range 22: That port of the Northwest Quarter of the Northwest Quarter, Section 1, Township 116, Range 22, described as beginning at a point an the North line of said Northwest Quarter of the Northwest Quarter dlstant 840 feet East from the Northwest comer of said Northwest Quarter of the Northwest Quarter; thence South to a point on the South line of said Northwest Quarter of the Northwest Quarter dlstant 840 feet East from the Southwest comer of said Northwest Quarter of the Northwest Quarter; thence East along said South line a dlstonce of 30.94 feet, more or less, to the Southwest comer of the Eost 63 acres of the North Holf of the Northwest Quarter of said Sectlon 1; thence North along the West line of the East 63 acres of sald North Holf of the korthwest Quarter to the North line of sold Northwest Quarter of the Northwest Quarter; thence West along sald North IRe a distance of 88.53 feet. more or less. to the polnt of beglnnfng. according to the Government Survey thereof. P4RCEL 5: That part of the West 20 acres of the East 63 ocres of the North Half of the Northwest Quarter, Sectlon 1. Township 116. Range 22 Hennepln County, State of Mfnnesoto l$ng Southerly of the Southerly right of way line of County Road No. 62. and Iring Northerly of a line 393.17 feet Northerly of. as measured at a right angle to. the South line of the North Holf of the Northwest Quarter. said Sectlon 1, according to the U.S. Government Survey thereof. That part of the following descrlbed parcel lylng Northerly of a line 393.17 feet Northerly of. as measured at a right angle to the Together wlth a non-exclusive easement (herein the 'Prlvate Easement,) for roadway purposes over, under, across ond through that part of the South 393.17 feet of the Northwest Quarter of the Northwest Quarter of Section 1. Township 116. Range 22, Hennepin County, Minnesota, desmied os follows: 8egInnIng at the Intersection of the North llne af sard South 393.17 feet and the Easterly fight-of-woy llne of County Road No. 61 .as described in Dowment No. 970391; thence Easterly along said Nwth line o distance of 600 feet: thence Southerly at rlght angles a dMance of 60.00 feet; thence Southerly and Northerly a dlstance of 788.50 feet dang a tangenthl WM concave to the North having a rodlus of 60 feet and a central angle of 180 degrees; thence Wuttrly parallel with soid North line to said Easterly right-of-way line of Ccunty Rad No. 61: thence Northwesterly almg said Easterly fight-of-way Ihe ta the point of beginning. (herein the 'Easement Parcel'). Tomns Certificate Numbec 610726 Community Planning Board h&utes December 15,2001 Page 2 A. UNITEDHEALTH GROUP PUD by UnitedHealth Group. Request for Guide Plan Change fiom Office to High Density Residential on 19 acres, Office to Regional Commercial on 4.2 acres, Office to Neighborhood Commercial on 4.5 acres, Medium Density Residential to Quasi-public on 10 acres, and from Medium Density Residential to Office on 5 acres, Planned Unit Development Concept Review on 72 acres, and Alternative Urban Area-wide Review (AUAR.) on 72 acres. Location: South of Highway 62, east of Shady Oak Road, North of City West Parkway. The public hearing opened at 7:04 pm. Tom O'Connor Real Estate and Procurement, UHG, thanked city staff for its assistance. John Dietrich, RLK, stated the 72 acre plan will utilize density transfer to allow a higher floor area ratio and higher density by going vertical and preserving the wooded knoll, DNR wetlands, wetlands within the site, and creating water quality ponds. They are working with MNDOT on plans for storm water ponds north of Highway 62. The eastern knoll will be preserved and is covered with oak trees. A landscape plan and tree mitigation are part of this proposal. The plan as presented is a mixed-use development including office, commercial, retail, and residential to create a live-work environment. Pedestrian trail systems will be included. The wetland systems have been studied extensively. Traffic generation to Shady Oak and proposed infrastructure improvements, as well as a travel demand plan are included. Four office buildings and three parking structures will be built in phases. Franzen stated much of the proposal is re-arranging existing land uses on the property. Adding commercial is the only significant change. Saving trees and minimizing environmental impacts, creating affordable housing, and travel demand management are integral components. This project embodies all of the City's development and preservation goals. Staff recommends approval as presented. Nelson inquired about sidewalks throughout the property and bicycle racks in parking areas. Dietrich explained sidewalks and trail systems are included in the PUD. The specific locations of bicycle racks are undetermined but they will be included near parking areas and retail. Nelson inquired about the mixed use residential / retail and access security. Patrick Bourgier stated retail and residential access will be separate. Stoelting asked about the high density residential and shared parking. Community Planning Board Minutes Page 4 . December 10,2001 I Stock asked about the height of office building H. Dietrich coniiImed it was a ten story building. The top of the knoll is about 1000. The finished floor is 1025. Stock inquired about the anticipated retail tenants. Dietrich stated they anticipated mainly services such as cleaners, video, and stores complimentary to existing City West shops. Stoelting asked about the timeline for the project. Franzen stated portions of the project would come in at different times. All buildings must return to the Community Planning Board for zoning and site plan review. Foote asked whether the trails were paved or wood chip. Dietrich stated wood chip. Corneille inquired about wetland fills. Michelle Crohn, project engineer, reviewed the wetland alteration plan. No impacts to the DNR wetlands are anticipated. Stock inquired about the time frame for development. Dietrich said as yet there was no timetable. The project will be staged and phased. Nelson noted she was very impressed with the project. Motion by Nelson, second by Stoelting to close the public hearing. Motion carried, 7- 0. The public hearing closed at 7:40 p.m. Motion by Nelson, second by Stoelting to approve the UnitedHealth Group PUD by UnitedHealth Group. Request for Guide Plan Change fiom Office to High Density Residential on 19 acres, Office to Regional Commercial on 4.2 acres, Office to Neighborhood Commercial on 4.5 acres, Medium Density Residential to Quasi-public on 10 acres, and fiom Medium Density Residential to Office on 5 acres, Planned Unit Development Concept Review on 72 acres, and Alternative Urban Area-wide Review (AUAR) on 72 acres according to conditions listed in the staff report. Motion carried, 7-0. STAFF REPORT TO: Community Planning Board FROM: THROUGH: DATE: November 23,2001 SUBJECT: UnitedHealth Group PUD Concept Scott A. Kipp, Senior Planner Michael D. Framen, City Planner APPLICANT/ FEE OWNER. UnitedHealth Group LOCATION: South of Highway 62, east of Shady Oak Road, and north of City West Parkway REQUEST: 1. Comprehensive Guide Plan Change from Office to High Density Residential on 19 acres, Office to Regional Commercial on 4.2 acres, Office to Neighborhood Commercial on 4.5 acres, Medium Density Residential to Quasi-public on 10 acres, and from Medium Density Residential to Office on 5 acres. 2. Planned Unit Development Concept Review on 72 acres. 3. Alternative Urban Areawide Review (AUAR) on 72 acres. Location Mbg .- a Staff Report - UnitedHedth Gronp PUD Concept November 23,2001 BACKGROUND The 72-acre property is located at the southeast comer of West 6ZUd Street and Shady Oak Road. A 3.6-acre portion of the property lies north of TH62 abutting the City of Minnetonka The property is guided for oftice, medium density residential and quasi-public land uses. The property is zoned rural. I In 1997, the City Council approved a United Healthcare PUD concept for the east 35 acres of the site for 590,000 square feet of office, up to 720,000 square feet office with a travel demand management plan. UnitedHealth Group (UHG) purchased the west 35 acres of the property in 2000. UHG held an informational meeting at the Community Planning Board on August 13,2001, to present the concept plan and obtain general direction. The Board directed UHG to preserve the wooded knoll, minimize wetland and tree impact, and adequately address traffic issues, including development of a travel demand management plan. COMPREHENSIVE GUIDE PLAN CHANGE The property is currently guided for 50 acres of office, 17 acres of medium density residential, and 5 acres of quasi-public. The proposal includes the following guide plan changes to accommodate the mixed-use concept. 0 0 0 0 0 Office to high density residential on 19 acres Office to regional commercial on 4.2 acres Office to neighborhood commercial on 4.5 acres Medium density residential to quasi-public on 10 acres Medium density residential to office on 5 acres These changes will result in a total of 29.3 acres of office, 19 acres of high density residential, 15 acres of quasi-public, 4.5 acres of neighborhood commercial, and 4.2 acres of regional commercial uses. The decision to change the guide plan depends upon the following: 0 Compatibility with surrounding uses A mixture of office, commercial and residential land uses surround the site. The project is similar in scale and diversity to the City West development to the south of the site. The site is adjacent to a highway where mixed land use is appropriate. The office buildings will be Class A in quality. At the time of rezoning architectural design elements will be incorporated into a fiamework for the development of the property. Natural resource impacts and mitigation plan The sites signiscant natural resources are trees, topography, and wetlands. Staff Report - UnitedHeaIth Group PUD Concept November 23,2001 I Density transfer is proposed to preserve the natural resources. The 10-acre wooded knoll on the east side of the site is ,guided medium density residential. The proposed plan relocates the residential to the flat area of the site in between the wetlands. To preserve the knoll, a quasi-public land use designation and conservation easement is proposed. A tree inventory and impact analysis has been completed as part of a concept plan review. A total of 12,176 diameter inches of sigmiicant trees are on site. Tree loss is anticipated to be 3,574 diameter inches, or 29%. The average tree loss for a mixed-use development is 40%. The tree replacement plan meets the City Code requirements. There are 11.57 acres of wetlands. One acre will be filled, All wetland mitigation is proposed on site. The plan meets required wetland buffers. Conservation easements will be required over all wetlands and buffers at the time of rezoning. 0 Traffic impacts and mitigation plan The mitigation plan is based on land use, travel demand management and road improvements as addressed below. PLANNED UNIT DEVELOPMENT CONCEPT UHG is proposing a mixed-use PUD concept consisting of the following uses: 0 0 0 125 room hoteYrestaurant 0 1,131,700 square feet of office 33 1 apartment units (minimum 20% affordable with Tax Jncrement Financing) 25,000 square feet of retail The PUD Concept will result in the follow&g benefits: A mixed-use development of office, housing and retail Preservation of the 10 acre wooded knoll Preservation of 10.57 acres (91.3%) of the 11.57 acres ofwetlands on site Wetland mitigation on site Significant tree loss of 29% In exchange for the preservation of the wooded knoll and other natural resources the city will be asked to consider waivers at the time of the rezoning of the property. The following waivers have been identified Office Site Floor Area Ratio of 0.99. Code maximum is 0.50. Building height greater than 30 feet. Six, eight, and ten story buildings are anticipated. Structure setback &om wetland buffer of 35%. Code maximum is 10%. Staff Report - UnitedHeaIth Group PUD Concept November 23,2001 t Hi& Den& Residential Site 0-foot internal setback to parking. Code requires a 10-foot setback. Shared parking is anticipated. Neishborhood Commercial Site FAR of 0.51. Code maximum is 0.40. Housing is proposed above the retail uses. 0-foot internal setback to parking. Code requires a 10-foot setback. Shared paring is anticipated. Building height greater than 30 feet. Housing is proposed above the retail uses. TRABFIC IMPACTS AND MITIGATION PLAN The traffic study indicates the proposed plan will add 14,100 average daily trips with 1,850 AM peak hour, and 1,780 PM peak hour trips in 2005, the year of anticipated completion of the project. The mitigation plan is based on land use, travel demand management and road improvements. The mixed used plan can generate less traffic since retail, housing and employment are in close proximity. UHG proposes to implement a travel demand management plan that will have a minimum goal of 8% peak period trip reduction above existing background levels. This would result in a total trip reduction due to travel demand management practices of 13% to 15%. Over time various road improvements will need to occur in the area involving MnDOT, Hennepin County, the City, and UHG. The following road improvements will need to be constructed by UHG as part of its PUD implementation to maintain acceptable levels of service. The specific timing of these improvements will be based on the phasing of the development. Shady Oak Road Widening and Intersection Improvements Left turn lanes on Shady Oak Road Shady Oak RoaWest 62"d Street Intersection Shady Oak Roadcity West Parkway (north intersection) a) b) c) 4-Lane Section Shady Oak Road Shady Oak RoadCity West Parkway (south intersection) (HOV Bvpass/Slip Ramp - Shady Oak Road South Ramp to Eastbound TH62)** Short Term Improvement at TH212/Shady Oak Road a) b) c) Free right west approach Shady Oak Road/TH212 West Ramp Dual left north approach Shady Oak RoadTH212 West Ramp Dual left south approach Shady Oak Road?TH212 East Ramp **PotentiaZ@tzzre partnering efsort with MnDOT and the City. This item was not part of the traflc study and is anticipated to be a shared cost between public agencies and UiYG. Staff Report - UnitecXHeaIth Group Puf) Concept November 23,2001 The Alternative Urban Areawide Review (AUAR) is an environmental review to consider an overall development scenario for a large site, rather than incremental impacts of individual projects or phases of one large project over a period of time. This is a comprehensive review of drainage, wetland, traffic, water quality, and vegetation. The review identifies impacts and mitigation plans. The AUAR is distributed to local, state, and federal agencies to identify any environmental protection measures. The AUAR for UHG has identified the areas of potential significant environmental impact, and includes the response to comments, and a mitigation plan for the project. The mitigation plan is provided on pages M-1 through M-1 1 of the AUAR. The Community Planning Board should discuss the following questions. 1. Should the land use remain as guided, or changed to accommodate the proposal by UnitedHealth Group? 2. The project will require a density transfer to preserve the wooded knoll. acceptable and if so, under what conditions? Is density transfer 3. Traffic, wetlands, slopes, and trees are impacted by the proposed development. Is the mitigation acceptable? 4. Waivers will be necessary at the time of rezoning of the property for floor area ratio, building height and setbacks. Does the plan with waivers result in a better design for the City? The proposed plan accomplishes the following: Creates mixed land uses Preserves the 10-acre wooded knoll - Preserves 91% of the wetlands Provides all mitigation on site The PUD Concept and AUAR is the capacity plan for the property. The actual amount of building square footage will be determined at the time of rezoning and site plan review for the property STAFF REC0MMENI)ATIONS Staff recommends approval of the following: Comprehensive Guide Plan Change from Office to High Density Residential on 19 acres, Office to Regional Commercial on 4.2 acres, Office to Neighborhood Commercial on 4.5 acres, Medium Staff Report - UnitedHeaIth Group FlJD Concept November 23,2001 I Density Residential to Quasi-public on 10 acres, and from Medium Density Residmtial to Office on 5 acres. 0. Planned Unit Development Concept Review on 72 acres. AUAR Review on 72 acres. This approval is based on plans dated November 19,2001, the StafFReport dated November 23,2001, and the following conditions: 1. Prior to City Council adoption of a Resolution on the AUAR, Developer shall enter into a Developer’s Agreement with the City on the requirements for development of the property. CITY COUNCIL AGENDA SECTION Payment of Claims SERVICE AREALDMSION: ITEM DESCRIPTION: Community Development and Financial ServiceslDon Uram Payment of Claims DATE: January 15,2002 ITEM NO.: Requested Action Move to: Approve the Payment of Claims as submitted (roll call vote) Synopsis Checks 106602-1 068 1 1 WireTransfers 1177-1181 and 1185-1187 Background Information Attachments City of Eden Prairie Council Check Summary Ill 512002 100 101 102 110 111 112 114 115 116 117 130 131 132 133 134 136 151 153 154 156 157 158 160 161 162 163 180 181 184 185 186 200 201 203 401 409 41 7 309 502 503 506 509 601 602 603 701 702 703 803 Division General City Manager Legislative Legal Counsel City Clerk Customer Service Human Resources Benefits & Training Risk Management Facilities City Center Assessing Finance Housing, Trans, Social Service Community Development Heritage Preservation Wireless Communication Park Maintenance Athletic Programs Community Center Youth Programs Special Events Senior Center Adaptive Recreation Oak Point Pool Arts Park Facilities Police Telecommunicators Fire Animal Control Inspections Engineering Street Maintenance Fleet Services Equipment Certificate 1999A lmproverments Bonds 1998A Facility Bond DWI Forfeiture Park Development Utility Improvement lmprovment Bonds 1996 CIP Fund Prairie Village Liquor Den Road Liquor Prairie View Liquor Water Fund Sewer Fund Storm Drainage Fund Escrow Fund Grand Total Amount 6,871 9,523 10,058 17,257 32,977 108 236,477 21 6 353 695 55 428 5,895 -867 22 7,070 4,084 7,331 4,433 660 158 2,420 49 44 87 1,644 10,839 135 559,164 124 IO 129 9,309 20,630 3,938 350,000 229,750 2,472 102,125 17,321 280,569 3,554 30,765 92,456 29,032 73,238 3,622 3,706 6,800 2,176.488 -1,250 City of Eden Prairie Council Check Register Ill 512002 Check# 1177 1178 1179 1180 1181 1185 1186 1187 106602 106603 106604 106605 106606 106607 106608 106609 10661 0 10661 1 10661 2 10661 3 106614 10661 5 10661 6 10661 7 106618 106619 106620 106621 106622 106623 106624 106625 106626 106627 106628 106629 106630 106631 106632 106633 106634 106635 106636 106637 106638 106639 106640 106641 106642 106643 106644 106645 106646 106647 106648 106649 106650 106651 106652 106653 106654 106655 106656 106658 Amount 125,390 22,934 12,589 7,130 62,865 3,938 350,000 229,750 148 565 492 597 608 550,000 21 166 135 800 35 225 263 138 10 115 321 156 160 202 77 25 938 378 483 677 360 47 100 118 9,523 25,361 89 2,500 199 753 1,500 162 216 30 288 40 5,726 47 863 2,992 300 86 750 100 197 105 3,510 30 32 6,039 Vendor WELLS FARGO MINNESOTA N A MINNESOTA DEPT OF REVENUE ORCHARD TRUST CO AS TRUSTEHCU ICMA RETIREMENT TRUST457 PUBLIC EMPLOYEES RETIREMENT ANCHOR BANK US BANK TRUST NATIONAL ASSN NATIONAL CITY BANK AMERICAN PLANNING ASSN ANDERSON, ROGER C&J TRAVEL INC COMMUNITY HEALTH CHARITIES DELEGARD TOOL CO EDEN PRAIRIE FIREFIGHTER’S REL GUILD, JOHN IKON OFFICE SOLUTIONS* JENSEN, CAMILLE LOGlNllACP MFAPC MlNN NCPERS GROUP LIFE INSURAN MINNESOTA PRINT MANAGEMENT LLC MRPA MRPA OLSON, BILL PETTY CASH QUICKSILVER EXPRESS COURIER SCHMITZ, THOMAS SLAVENS, KATHRYN TWIN CITIES ARMA UNITED WAY VOLUNTEER FIREFIGHTERS BENEFIT WALMART COMMUNITY WESTBROOK DEVELOPMENT AMERICAN BUILDING CONTRACTORS BOWES, LORETA CHANHASSEN DINNER THEATRE CITY BUSINESS ENGER, CHRIS ESCHELON TELECOM INC FEDEX IOS CAPITAL J H LARSON ELECTRICAL COMPANY KOTCHEVAR, SUSAN LEEANN CHIN MINNESOTA DEPARTMENT OF PUBLIC MN DEPT. OF LABOR AND INDUSTRY MUHLHAUSER, WENDY PARK NICOLLET CLINIC PRUDENTIAL INSURANCE CO OF AME PUELSTON, DAVID QWEST RELIASTAR LIFE INSURANCE CO SCOTT COUNTY SHERIFFS DEPT SOUTHWEST METRO TRANSIT UNIVERSITY OF MINNESOTA ZIEBOL, FRED ADT SECURITY SYSTEMS INC APWA ASKEW, KEN BRUNKO. ROBIN FILBIN, ED KMCTELECOM HOLDINGS INC. ROTO-ROOTER SERVICES COMPANY HENNEPIN COUNTY TREASURER-TAXP Account Description Taxes & Deferred Comp Taxes & Deferred Comp Taxes & Deferred Comp Taxes & Deferred Comp Taxes & Deferred Comp December bond payments December bond payments December bond payments Dues & Subscriptions Tuition ReimbursemenffSchool Travel Expense United Way Withheld Small Tools Pension Plans AR Utility Equipment Repair & Maint Other Contracted Services Dues & Subscriptions Dues & Subscriptions Life Insurance Employees Operating Supplies Conference Expense Conference Expense Protective Clothing Mileage & Parking Postage Building Repair & Maint. Travel Expense Deposits Conference Expense United Way Withheld Dues & Subscriptions Operating Supplies Deposits Building Permits Program Fee Special Event Fees Dues & Subscriptions Other Contracted Services Equipment Repair & Maint Postage Equipment Repair & Maint Other Rentals Repair & Maint. Supplies Tuition ReimbursemenffSchool Miscellaneous Other Contracted Services Licenses &Taxes Instructor Service Employment Support Test Life Insurance Employees Program Fee Telephone Disability Ins Employers Deposits Special Event Fees Conference Expense Refunds Equipment Repair & Maint Operating Supplies Other Contracted Services Lessons & Classes Lessons & Classes Telephone Business Unit General Fund General Fund General Fund General Fund General Fund Equipment Certificate 1999A Improvement 1998A Facility Bond In Service Training Fire Fire General Fund Fleet Services Fire Water Enterprise Fund Fire Winter Skill Development Police Fire General Fund Finance In Service Training In Service Training Fire Adaptive Recreation General Prairie Village Liquor Store Fire Escrow In Service Training General Fund Fire Fire Escrow General Fund Ski TripsNVinter Camp Senior Center Program Water Utility - General City Manager Telephone General Elections Fire City Center Operations In Service Training General Facilities Risk Management Water Treatment Plant Affer School Programs Fire General Fund Ski TripsNVinter Camp Flying Cloud Fields General Fund Escrow Senior Center Program In Service Training Environmental Education Maintenance Engineering Storm Drainage Projects Ice Arena Ice Arena Telephone 3 City of Eden Prairie Council Check Register 111 512002 Check # 106659 106660 106661 106662 106663 106664 106665 106667 106668 106669 106670 106671 106672 106673 106674 106675 106676 106677 106678 106681 106682 106683 106684 106685 106686 106687 106688 106690 106691 106692 106694 106695 106696 106697 106698 106699 106700 106701 106702 106703 106704 106705 106706 106707 106708 106709 10671 0 10671 1 106712 106713 1 0671 4 10671 5 106716 106717 106718 10671 9 106720 106721 106722 106723 106724 106725 106726 106727 Amount 59 8 1,958 44 41 41 8 59 102,125 105 1,052 69 2,319 5,485 1,490 20,293 192 51 1 9,938 90 39,023 1,824 8,544 705 92 222 493 276 20,632 693 1,996 19,552 11,948 303 809 529 821 21 6 2,587 266 10,058 400 1,100 676 641 200 148 415 543 1,070 1,446 1,026 150 1,234 730 292 1,036 60 179 168 3,245 1,551 255 765 15 Vendor MAESER, MICHELLE MEYER. ANGIE MRPA On, ANGIE PERILA, PEGGY REBS MARKETING SPERBECK, BARB COMMERCIAL PARTNERS TITLE LLC 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 HOHENSTEINS INC JOHNSON BROTHERS LIQUOR CO LAKE REGION VENDING MARK VI1 MIDWEST COCA COLA BOTTLING COM NEW FRANCE WINE COMPANY NORTH STAR ICE PAUSTIS & SONS COMPANY PEPS1 COLA COMPANY PHILLIPS WINE AND SPIRITS INC PINNACLE DISTRIBUTING PRIOR WINE COMPANY QUALITY WINE & SPIRITS CO THORPE DISTRIBUTING VINTAGE ONE WINES INC WINE COMPANY, THE WINE MERCHANTS INC WORLD CLASS WINES INC ABC MINNEAPOLIS LLC AMERICAN WATER WORKS ASSOCIATI ASPEN EQUIPMENT CO. ASSOCIATION OF METROPOLITAN MU ASSOCIATION OF TRAINING OFFICE BARTZ, GERALD BAUER BUILT TIRE AND BATTERY BlFFS INC BILL CLARK OIL CO INC BIRCHWOOD LABORATORIES INC BORDER STATES ELECTRIC SUPPLY BRO-TU( INC BROWN, PAUL BUCK, NATHAN CATCO CLUTCH &TRANSMISSION SE CELEBRATION GIFTS CHANHASSEN BUMPER TO BUMPER CLAREYS INC CONNEY SAFETY PRODUCTS CORPORATE EXPRESS CROWN MARKING INC CRYSTEEL TRUCK EQUIPMENT INC CUB FOODS EDEN PRAIRIE CY'S UNIFORMS DEALER AUTOMOTIVE SERVICES INC DNR SCREEN PRINTING INC. DRlSKlLLS NEW MARKET CUTLER-MAGNER COMPANY Account Description Lessons & Classes Lessons & Classes Dues & Subscriptions Lessons & Classes Lessons & Classes Other Contracted Services Lessons & Classes Land Misc Taxable Beer Repair & Maint. Supplies Liquor Beer Wine Imported Beer Misc Taxable Wine Domestic Liquor Beer Liquor Tobacco Products Beer Misc Taxable Wine Domestic Misc Taxable Wine Imported Merchandise for Resale Wine Domestic Operating Supplies Wine Domestic Liquor Beer Wine Domestic Wine Domestic Wine Domestic Wine Domestic Other Contracted Services Training Supplies Equipment Parts Dues & Subscriptions Tuition Reimbursement/School Other Contracted Services Equipment Parts Waste Disposal Lubricants &Additives Training Supplies Repair & Maint. Supplies Operating Supplies Other Contracted Services Other Contracted Services Equipment Parts Operating Supplies Equipment Parts Small Tools Cleaning Supplies Office Supplies Office Supplies Equipment Parts Operating Supplies Chemicals Clothing & Uniforms Equipment Repair 8 Maint Awards Miscellaneous Business Unit Ice Arena Fitness Classes In Service Training Oak Point Lessons Pool Lessons Water Accounting Ice Arena Park Acquisition & Development Prairie View 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 View Liquor Store Prairie Village Liquor Store Prairie Village Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Concessions Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Den Road Liquor Store Prairie View Liquor Store Den Road Liquor Store Den Road Liquor Store Prairie View Liquor Store Den Road Liquor Store DWI Forfeiture Water Utility - General Fleet Services City Council Police Volleyball Fleet Services Park Maintenance Fleet Services Police Park Maintenance Fleet Services Volleyball Volleyball Fleet Services Police Fleet Services Fire Water Treatment Plant General General Fleet Services Fire Water Treatment Plant Reserves Fleet Services Volleyball Police 4 City of Eden Prairie Council Check Register 111512002 Check# 106728 106729 106730 106731 106732 106733 106734 106735 106736 106737 106738 106739 106740 106741 106742 106743 106744 106745 106746 106747 106748 106749 106750 106751 106752 106753 106754 106755 106756 106757 106758 106759 106760 106761 106762 106763 106764 106765 106766 106767 106768 106769 106770 106771 106772 106773 106774 106775 106776 106777 106778 106779 106780 106781 106782 106783 106784 106785 106786 106787 106788 106789 106790 106791 Amount 945 77 3,157 14,570 776 21 0 81 2 485 93 2,684 7,585 99 3,206 5,270 173 1,302 2,700 196 392 3,207 955 1,235 65 190 142,071 164 220 287 2,279 42 73 805 1,980 2,256 96 236 625 100 600 666 1,367 250 1,299 4,302 99 444 17,543 138,497 353 21,021 1,215 15,470 108 188 11 108 14,965 200 80 1,525 1,924 165 112 4,257 Vendor EARL F ANDERSEN INC ECOLAB INC EF JOHNSON ELECTION SYSTEMS & SOFWARE IN EMERGENCY APPARATUS MAINTENANC FERRELLGAS G & K SERVICES DIRECT PURCHASE GOVERNMENT FINANCE OFFICERS AS HANCE COMPANIES HARMON AUTOGLASS HARTLAND FUEL PRODUCTS LLC HAYDEN-MURPHY EQUIPMENT COMPAN HENNEPIN COUNTY TREASURER-TAXP HENNEPIN SOUTH SERVICES COLLAB HENNEPIN TECHNICAL COLLEGE HENNEPIN TECHNICAL COLLEGE HENNEPIN TECHNICAL COLLEGE HUFFMAN, JIM IC1 DULUX PAINT CTRS IDEXX DISTRIBUTION CORP INDEPENDENT SCHOOL DlST NO. 27 ITRON INC. JANEX INC JIM HATCH SALES CO KOBER EXCAVATING KRAEMERS HARDWARE INC LAKE COUNTRY DOOR LAKELAND FORD TRUCK SALES LAMElTRYS COLLISION LANDS END CORPORATE SALES LEROY JOB TRUCKING LIGHTNING PRINTING MAPLE GROVE, CITY OF MATTS AUTO SERVICE INC MAXI-PRINT INC MCGRAW-HILL COMPANIES, THE MEALS ON WHEELS MENARDS METROPOLITAN AIRPORTS COMMlSSl METROPOLITAN FORD MINNESOTA SAFETY COUNCIL MINNESOTA VIKINGS FOOD SERVICE MORTON SALT MTI DISTRIBUTING INC MUNlClLlTE NEWMECH NORTHWEST ASPHALT OS1 BAlTERlES INC PARROTT CONTRACTING INC PRAIRIE CYCLE &SKI PRAIRIE ELECTRIC COMPANY PRAIRIE LAWN AND GARDEN PRAIRIE OFFSET PRINTING RAINBOW FOODS INC. RlTZ CAMERA RMR SERVICES INC S/K WELL & PUMP INSPECTIONS SEELYE PLASTICS INC SIGNATURE CONCEPTS INC. SNELL MECHANICAL INC STANDARD REGISTER STARTRIBUNE STREICHERS MID-CO AN INC Account Description Signs Other Contracted Services Operating Supplies Capital Under $2,000 Equipment Repair & Maint Motor Fuels Clothing & Uniforms Dues & Subscriptions Equipment Repair & Maint Equipment Repair & Maint Motor Fuels Equipment Parts Postage Other Contracted Services Tuition ReimbursemenffSchool Special Event Fees Tuition ReimbursemenffSchool Other Contracted Services Repair & Maint. Supplies Other Contracted Services Building Rental Other Contracted Services Cleaning Supplies Small Tools Improvement Contracts Repair & Maint. Supplies Building Repair & Maint. Equipment Parts Equipment Repair & Maint Clothing & Uniforms Other Contracted Services Printing Other Rentals Other Contracted Services Printing Training Supplies Other Contracted Services Operating Supplies Other Rentals Equipment Parts Equipment Repair & Maint Dues & Subscriptions Awards Salt Equipment Repair & Maint Equipment Parts Machinery & Equipment Improvement Contracts Operating Supplies Other Contracted Services Recreation Supplies Improvement Contracts Operating Supplies Printing Operating Supplies Video & Photo Supplies Equipment Parts Equipment Repair & Maint Repair & Maint. Supplies Clothing & Uniforms Equipment Repair & Maint Operating Supplies Dues &Subscriptions Clothing & Uniforms Business Unit Traffic Signs Water Treatment Plant Wireless Communication Elections Fire Ice Arena Park Maintenance In Service Training Fleet Services Fleet Services Fleet Services Fleet Services General Housing, Trans, & Human Serv Fire Senior Center Program Fire Storm Drainage Fleet Services Water System Maintenance Touch Football Water Meter Reading Maintenance Park Maintenance Improvement Projects 1996 Water Treatment Plant Water Treatment Plant Fleet Services Fleet Services Telecommunicators Animal Control Senior Center Program Police DWI Forfeiture Police Sewer Utility - General Housing, Trans, & Human Serv Park Maintenance Flying Cloud Fields Fleet Services Water Treatment Plant In Service Training EPAA Dinner Snow & Ice Control Fleet Services Fleet Services Water Treatment Plant Improvement Projects 1996 Wireless Communication Water Treatment Plant Outdoor Center Utility Improvement Fund Park Maintenance Elections Senior Center Program Assessing Water Meter Repair Water Well #9 Water Treatment Plant Fire Maintenance Finance In Service Training Police City of Eden Prairie Council Check Register III SI2002 Check # 106792 106793 106794 106795 106796 106797 106798 106799 106800 106801 106802 106803 106804 106805 106806 106807 106808 106809 10681 0 10681 1 Amount 139 21 381 5,750 1,625 172 1,970 3,011 194 1,561 663 1,661 199 2,342 320 3,554 2,136 69 1,617 1,140 2,176,488 Vendor SUBURBAN CHEVROLET GEO SUBURBAN PROPANE TESSCO TKDA TOTAL REGISTER TRANS ALARM INC TRENCHERSPLUS TUCKER ELECTRONICS TWIN CITY OXYGEN CO UNIFORMS UNLIMITED UNLIMITED SUPPLIES INC US FILTEWATERPRO WVR INTERNATIONAL INC W W GRAINGER WATER SPECIALITY OF MN INC WENCK ASSOCIATES INC WM MUELLER AND SONS INC WORLDPOINT ECC INC YALE INCORPORATED ZAHN, GERALD Grand Total Account Description Equipment Parts Motor Fuels Small Tools Design & Engineering Equipment Repair & Maint Other Contracted Services Other Rentals Machinery & Equipment Repair & Maint. Supplies Clothing & Uniforms Equipment Parts Repair & Maint. Supplies Operating Supplies Equipment Parts Chemicals Land Patching Asphalt Tuition ReimbursemenffSchool Equipment Repair & Maint Other Contracted Services Business Unit Fleet Services Fleet Services Wireless Communication Utility Improvement Fund Den Road Liquor Store City Center Operations Street Maintenance Wireless Communication Water System Maintenance Police Fleet Services Water Utility - General Water Treatment Plant Water Treatment Plant Pool Maintenance Capital Impr. I Maint. Fund Street Maintenance Fire Water Treatment Plant Volleyball 6 CITY COUNCIL AGENDA I DATE: I SECTION: Ordinances and Resolutions SERVICE AREADIVISION: ITEM DESCRIPTION: Public Works Service Area Leslie Stovring Through Eugene Dietz Vegetation January 15,2002 ITEM NO.: Ordinance Amending Section 9.71 of the City Code Relating to Maintenance of Z.At Requested Action Move to: Synopsis The amendment of the City Code relating to maintenance of herbaceous vegetation is to allow the use of native plantings to encourage water conservation and habitat enhancement. 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 workshop for the native plant ordinance was held on September 27, 2001. A number of revisions were requested. The revised ordinance was then distributed to the City Council on November 30,2001 for final review. The results of this final review indicated that the revisions had captured the intent of the comments from the workshop. The following list summarizes the key revisions to the ordinance. Most of the changes were tightening of definitions, rearrangement of provisions to provide better clarity and editorial in nature. 0 The definition of “Natural Area” was revised to provide more flexibility in allowing pre-existing vegetation to be exempt from the ordinance provisions for mowing and cutting. A definition for , garden has also been added to allow garden treatments within setback areas. Requirements for removal of pre-existing turfgrass were revised to allow residents more flexibility in retaining some areas of pre-existing vegetation such as areas that have dense trees and shrubs. Areas that are predominately turfgrass that are left fallow do not produce a diverse native plant area that would provide the full benefits of native plants, such as the deeper root growth. However, areas dominated by trees and shrubs could. 0 The City would not be responsible for damage to vegetation within drainage and utility easements as well as right of ways due to public works improvements or snow removal activities. This would allow the City more flexibility in entering drainage and utility easement areas for stormwater pond maintenance as well as other public works activities. Provisions that landscaping shall not block or impede sight lines, street signs or street light illumination were added. Approve the first reading of an Ordinance Amending Section 9.71 of the City Code Relating to Maintenance of Vegetation and Providing for Penalties for Violation Thereof. 0 Attachments Proposed Ordinance CITY OF EDEN PRAIRlE HENTIEPIN COUNTY, MINNESOTA ORDINANCE NO. -02 AN ORDINANCE AMENDING SECTION 9.71 OF THE CITY CODE RELATING TO THE MAINTENANCE OF HERBACEOUS VEGETATION AND PROVIDING FOR PENALTIES FOR VIOLATION THEREOF. WHEREAS the City has determined that native plants that are indigenous or naturalized to Minnesota help 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 private property. As a protection for the larger community, however, this change in vegetation must be planned and managed. The Council enacts this ordinance to balance the public interest with the public need to ensure proper maintenance of vegetation. Native plant landscaping requires less intensive management than hybrid or traditional landscaping, fewer applications of fertilizer and pesticides, and reduced watering or irrigation. 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 water quality. Native plant landscapes also function as buffers between highly sensitive natural landscapes such as wetlands, meadows, woodlands, creeks, and lakes ahd highly impacted landscapes such as paved surfaces or intensively managed lawns and gardens. When properly designed and maintained these areas of native plants act as a filter and trap the movement of urban stormwater pollutants, minimizing the impacts fiom surrounding land uses to the City’s water resources. NOW THEREFORE THE CITY COUNCIL OF THE CITY EDEN PRAIRIE, HENNEPIN COUNTY, MINNESOTA, 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) Garden: A cultivated area dedicated to growing vegetables, fits, flowers, ornamental grasses, groundcovers, shrubs and similar plants that were planted in a well deijned location. ‘Wative” plants: Native plants are those grasses (including prairie grasses), sedges (solid, triangular-stemmed plants resembling grasses), forbs (flowering broadleaf plants), trees and shrubs that are plant species native to or naturalized to the state (b) Page 1 of4 a of Minnesota, excluding prohibited exotic species, as defined by Mhnesota Statues Chapter 84D. Native plants do not include weeds. Native Plant Landscape Area: An area where native plants are being or have been planted in a designated area. A Native Plant Landscape Area does not include gardens. Natural Area: A natural area is an area that was purposely left to grow in a natural state and can maintain itself in a stable condition without human intervention and contains trees, shrubs, and native plants, excluding weeds and turfgrass areas that contain more than 50% turfgrass. Ornamental Grasses: Grasses that are not indigenous to the state of Minnesota that are intended to add beauty to‘a garden. Ornamental grasses do not include turfgrasses or weeds. Turfgrass. Turfgrass means commercially available cultured turfgrass varieties, including bluegrass, fescue and ryegrass blends, commonly used in regularly cut lawn areas. Weeds. Weeds are (i) noxious weeds as defined and designated pursuant to the “Minnesota noxious weed law”, Minnesota Statutes, Sections 18.76-1 8.88, as amended ftom time to time, or (ii) any volunteer plants, such as but not limited to garlic mustard (Alliaria getiolata), spotted knapweed (Centaurea maculosa), -or ___ burdock (Arctiurn minus). For the purposes of this definition, weeds do not include dandelions or clover. The City Weed Inspector shall maintain a current list of volunteer plants that are prohibited. n Subd. L. An 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, shall not allow any herbaceous vegetation growing upon such lot or parcel of land or growing uponecity 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. Subd. 3. The provisions of Subd. 2 shall not apply on private property: To vegetation that is located (i) (ii) in Natural Areas; (iii) (iv) (v) inagarden; (vi) in City park lands; on slopes equal to or steeper than three feet horizontal to one footpvertical (3:l); within fifty feet of a Natural Area; in a scenic or conservation easement; 3 (vii) in a floodplain area designated on the official zoning map; or (viii) within a drainage pond or ditch which stores or conveys stormwater. To Native Plant Landscape Areas provided that: (i) they are set back not less than twenty feet fiom the fi-ont lot line. For the purposes of this ordinance, corner lots shall be deemed to have two fiont yards; they are set back not less than five feet fi-om the side and/or rear lot lines to provide a transition zone. No set back is required on the side or rear lot lines if (1) there is a filly opaque fence at least five feet in height installed between the native plants and the side or rear lot lines or (2) the native plants abut a neighboring Native Plant Landscape Area; the Native Plant Landscape Area is cut at least once annually between April 15 and July 15 to a height no greater than ten (1 0) inches; turfgrass is eliminated and the native plants, trees and shrubs are planted through transplanting or seed by human or mechanical means. Soil erosion should be controlled while the ground is bare of plant growth that is sufficient to inhibit erosion and is the sole responsibility of the owner or occupant; (ii) (iii) (iv) ._ (v) Written authorization fiom the City Manager or hisher designee is obtained for work within conservation or scenic easement areas, including planting, mowing or cutting. Subd. 4. The setback area required by Subd. 3 of this Section shall be composed of regularly mowed turfgrass, garden beds, trees, shrubs, mulch, wood chips, rock and/or gravel. Subd. 5. The Native Plant Landscape Area, Garden or Natural Area shall not obscure, block or impede visual sight lines; regulatory, warning or street identification signs; or street light illumination required to ensure the safe and efficient circulation of vehicles and pedestrians on streets, intersections, trail, pathways and sidewalks. Subd. 6. The City may require the owner or occupant who has planted, or has allowed to be planted, native plants or other vegetation within a drainage or utility easement or a right-of- way of a City street to remove the native plants or other vegetation fi-om the right-of-way or drainage and utility easement at no expense to the City. The City will not be responsible for damage to turfgrass and/or any landscaped areas resulting fi-om public works improvements or snow removal activities within rights-of-ways or drainage and utility easements. 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, set back, maintenance, weed, and annual cutting requirements as required by this Section, after notice of such failure has been given by the City, and has not within seven (7) days of such notice complied, the City shall cause such vegetation to be cut, removed and/or treated for weeds and the expenses thus incurred shall be a lien upon the lot or parcel. The City will not be responsible for damage to turfgrass and/or any landscaped areas resulting fiom enforcement of this ordinance. The City Clerk shall certifl to the County Auditor Page 3 of 4 4 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 f?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 ,2002, and finally read and adopted and ordered published at a meeting of the City Council of said City on the day of, 2002. ATTEST: City Clerk Mayor -. . PUBLISHED in the Eden Prairie News on the day of ,2002. Page 4 of 4 CI'NCOUNCILAGEMDA SECTION: Ordinances and Resolutions SERVICE AREADMSION: City Manager Carl J. Jullie DATE: January 15,2002 ITEM DESCRIPTION: Ordinance amending City Code Chapter 2 I ITEMNO.: Requested Action Move to: Approve the first reading of an Ordinance amending Chapter 2 relating to Boards, Commissions and Task Forces Synopsis The primary changes are as follows: 0 0 0 The Community Program Board as been abolished by repeal of Section 2.24 The Environmental Education Citizen Advisory Commission has been eliminated. The matters which the Arts and Cultural Commission and the Parks, Recreation and Natural Resources Commission are involved have been revised. Section 2.28 relating to the Heritage Preservation Commission has been repealed. However, the text of the section has been inserted in Section 2.23, subd. D and subd. 3. All references to Citizen Advisory Commissions have been deleted. The Citizen Advisory Commissions are now referred to as Commissions. Background At a December 4,2001, Workshop the Council directed the City Attorney to draft changes to the Ordinance relating to Boards, Commissions and Task Forces. These changes were to include elimination of the Program Board due to duplication of efforts by this Board and the Parks and Recreation Citizen Advisory Commission. The duties of the Environmental Education Citizen Advisory Commission, which has been inactive for the past two years due to lack of applicants, were also to be incorporated into the new Park, Recreation and Natural Resources Commission's mission. Attachments Redlined Ordinance Proposed Ordinance SECTION 2.15. Repealed. Source: Ordinance No. 33-99 Effective Date: 10-5-99 SECTION 2.16. Repealed SECTION 2.17. Renumbered to 2.27 SECTION 2.18. Repealed SECTION 2.19. Renumbered to 2.28 SECTION 2.20. Repealed SECTION 2.21. Repealed Source: Ordinance No. 33-99 Effective Date: 10-5-99 Source: Ordinance No. 33-99 Effective Date: 10-5-99 Source: Ordinance No. 33-99 Effective Date: 10-5-99 Source: Ordinance No. 33-99 Effective Date: 1 0-5-99 Source: Ordinance No. 33-99 I Effective Date: 1 0-5-99 Source: Ordinance No. 33-99 Effective Date: 10-5-99 SECTION 2.22 BOARDS, COMMISSIONS> AND TASK FORCES Subd. 1. Generally. Except as otherwise provided with respect to a Board, Commission- .. .. €emmwmn or Task Force, the provisions of this Section shall apply to all Boards,- Aeftti4eppl Commissions and Task Forces provided in this Chapter 2. Subd. 2. Membership. Members shall be appointed by the Council who shall serve at the pleasure of the Council. Members shall be residents of the City. No member of the Council shall serve as a member. Subd. 3. Terms of Appointment. The terms of members of Boards- an- Commissions shall be for a period of three years each, provided however, in order to avoid the expiration of the terms of all members on the same date, the term of each member appointed may be established and stated at the time Ff the appointment so that an equal or approximately equal number of terms of members shall expire each year after the initial appointment of members and thereafter. Terms shall commence April 1 and shall continue for the terms appointed and until the member's successor has been appointed and qualified. The Council may, but need not, appoint a person for the unexpired portion of the term of a member whose membership has become vacant. No person may be appointed to more than two (2) full consecutive terms, except by unanimous vote of the Council. The term of members of aTask Force shall be determined by the Council at the time the Task Force is established. .. %. .. .. /' Subd. 4. Vacancies and Removal of Members. A. Vacancies: Membership shall become vacant upon the occurrence of any of the following: 1. 2. Death. The death of a member. Disability. A determination by the Council that the member's physical or mental disability renders the member incapable of service. Resignation. The member's resignation in writing. z 3. 4. Absence. A member's absence from three consecutive meetings, unless excused by action of the Council. 5. Removal from Office. A member may be removed: Change in Residence. Termination of a Member's residence in the City. B. or Task Force. The Upon Petition of a Board, Commission- Commission orTask Force, byathreefifths (3/5's) vote Board,- of its members, may petition to the Council to remove any member when, in its discretion, .. ' .. .. 1. - the best interests of the City would be served thereby. 2. By the Council. The Council, by a majority vote of all its members, shall have the authority, in its discretion, to remove any member. Subd. 5. Officers. The Council shall in March each year choose a chairperson and vice-chairperson for a or Commission to serve for a period of one year. With the exception , ol+%keft Board, of the3mXst have served one year on the Boar- Atdvkvy Commission before becoming eligible for appointment as a chairperson. At the time the Council establishes a Task Force it shall choose a chairperson and vice-chairperson to serve for the duration of the Task Force. The chairperson or in hisher absence, the vice-chairperson shall preside at all meetings of the Board, vice-chma chairperson or vice-chairperson, members of a Board,€efwmm% Commission or Task Force may appoint an acting chairperson to act during the absence. .. .. .. , ' Commission or Task Force of which such person is the chairperson or .. .. .. .. Subd. 6. Meetings. A. Regular Meetings: The Council shall establish from time to time a schedule of regular meetings for or Commission. A Task Force shall establish a schedule of regular meetings at its initial meeting. .. or Task Force may be called by the chairperson or any three members of the Board,- Aekkny Commission or Task Force by a writing filed with the City Clerk at least three days prior to the date of the meeting. The City Clerk shall thereupon notify each member of the Board, Commission or Task Force and give such further notice as required by law. ' Commission orTask Force Subd. 7. Rules Governing Meetings. The Board,- shall be governed by Robert's Rules of Order, newly revised 1990 edition (9th Edition), and the Minnesota open meeting law. ' Commission Subd. 8. Compensation and Expenses. Members of the Board,- or Task Force shall serve without compensation, but may be reimbursed for out of pocket expenses incurred in the performance of their duties when such expenses have been authorized by the Council or the City Manager before they were incurred. * .. .. a Board- - n. B. Special Meetings, special meetings of a Board, Commission- .. .. .. .. .. .. .. .. Source: Ordinance No. 8-2000 Effective Date: 3-8-2000 1 I 3 SECTION 2.23- COMMISSIONS Subd. 1. Establishment: The following A. Human Rights and Diversity- ommissions are hereby established: .. c. €Commission - B. Arts and Culture ’ Commission Bc. Parksaftet, Recreation . and Natural Resources Commission - D. Heritaae Preservation Commission Subd. 2. Duties and Responsibilities. The Commissions shall provide th- City Staff and Council, upon request by the Council or City Manager or designee, with advice on a continuing, temporary or interim basis on such subjects and matters as requested. In addition, each Commission may act in an advisory capacity as provided hereafter: A.- Human Rights and Diversity ’ * Commission. The Human Riahts and Diversitv Commission shall act in an advisory capacity o=ersity, civil and human rights, and the Americans with Disabilities Act (“ADA”) which may include the following: Enlisting the cooperation of agencies, organizations and individuals in the community to promote awareness and appreciation of diversity. Reviewing,..and investigating alleged ADA violations reported to the City via the ADA Grievanqe procedures. .. ’ 1. 2. 3. Working with community volunteers to promote the City‘s Manifesto and provide response and support to victims of incidents of bias. b A -r. €E. Arts and Cultur- ’ Commission. The Arts and Cultur- * Commission .. shall act in an advisory capac'w on matters pertaining to cultural, performance and visual art programs and activities supported by the general public which may include the following: 1. Enlisting the cooperation of organizations and individuals in the community to promote community awareness and support of performance and visual arts and cultural activities. Promoting partnerships with art resources throughout the metropolitan area. 2. 3. Providing input to staff on the development of art programs and activities. . 4. Providing input to staff on the development of programs that communicate and preserve the City's cultural heritage. c. 35. Development of operation and .. - maintenance of facilities related to the - arts. - 6. - 7. Parks, Recreation and Natural Resources Commission. The Parksat?& Recreation €%ken +&ismyand Natural Resources Commission shall act in an advisory capacity on matters of feiswe tdevelopment and use of parks and recreation facilities 4; and recreation Droarams: preservation of natural resources: and promotion of environmental awareness which may include the following: Studies for the development of facilities related to the arts. Policies relatina to the operation of procrams and facilities related to the arts. - C. .. . .. 1. i3Mhg-tIhe suppwtacauisition and development of 3 . .. L. >in 1 the Citv. includina: -a complete svstem of parks and recreation facilities fr&&wWe .. . .' . 4- - a. - b. The development of a Svstem Plan for parks and recreation facilities. Recommendations of studies as necessarv for the development of such a Svstem *m - C. Recommendation of policies for the implementation of the Plan. - e. - f. Recommendation of a capital improvement proaram for the implementation of the Plan. Recommendation of a site plan for the development of the different parcels of propertv which will compose the Svstem. Review of a development proposal for consistencv with the Svstem Plan. g, - 2. The conduct of the complete proaram of recreation opportunities within the Citvand charainq the Commission with review of development proposals. includina: - a. Review of DroDosed and existina recreation proarams and advice to the Recreation Staff on proarammina and the operation of all such onportunit& Recommendation of policies to the Council on matters pertainina to . the .. operation of recreation facilities and ~ . .. .. - b. 5 ... .. froaram. .. - - C. Recommendation of an annual budaet for the operation of said proarams and facilities to the Council in time for inclusion in the budaet proposal. - d. Cooperation and coordination of recreation and other leisure opportunitv and proposals with other Citv Groups, school aroups. communitv arouos. and Countv, State and Federal aaencies that have application within the Citv. The inventorv, preservation and manaaement of natural resources within the Citv includina: - 3. - a. Makina a studv and inventorv of natural resources in the Citv. - b. Recommendation of plans and policies for the preservation of natural resources in the Citv. - C. Review of land use proposals that conflict with the park and open space plan. - d. Makina recommendations to the Council for action proarams to ensure preservation of natural resources. CooDeration and coordination of the environmental proarams and proposals with other Citv Groups, school arouw. and Countv. State and Federal aaencies that have application within the City. \ - e. - f. Establishina proarams and dissemination of information to better inform and auide environmental choices of residents of the Citv. * gz Makina recommendations on manaaement of wildlife to control the number of deer and aeese within DNR recommended populations. Heritaae Preservation Commission. The Heritaae Preservation Commission (“Commission”) shall have the followina duties and responsibilities: in addition to those specified in Section 11.05: - 1. - The Commission shall 1 conduct a continuina survev of all areas, places, buildinas. structures, or obiects in the Citv which the Commission, on the basis of information available or presented to it. has reason to believe are sianificant to the cultural, social. economic. political. or architectural historv of the Citv. - D. - 2. The Commission shall continuallv survev all areas to determine needed and desirable improvements of older buildinas throuahout the Citv. actina in a resource and advisory capacitvto owners of historicallvsianificant sites reaardina their preservation. restoration and rehabilitation. The Commission shall work for the continuina education of the citizens of the Citv with respect to the civic and architectural heriiaae of the Citv. It shall keep current a public reaister 2‘ - 3. 6 of desianated and DroDosed Heriiaae Preservation sites and areas alona with the plans and proarams that pertain to them. - 4. The Commission may recommend to the Council the acceptance of contributions offered to the Citv and to assist the Citv staff in preparation of amlications for arant funds to be made throuah the Citv for the Purpose of Heritaae Preservation. - 5. The Commission will on a continuina basis collect and review Citv plannina and development records. documents. studies. models, maps, Plans, and drawinas to be passed on to the State Historical Societv as a permanent record of Citv historv and development. The Commission shall make no amlication to the National Reaister of Historic Places or to the State of Minnesota for the desianation of a historic site or district without the consent of the Council. - - 6. 9. Subd. 3. Membershin Subiect to subdivision 6 of this section, each Commission, except the Parks, Recreation and Natural Resources Commission and the Heritaae Preservation Commission, shall consist of not less than five and not more than seven (as established bv the Council from time to time) members. The Parks, Recreation and Natural Resources Commission shall consist of nine members. The Heritaae , Preservation Commission shall consist of seven (7) members appointed bv the Council. Members shall have a demonstrated interest and/or expertise in historic Preservation: be residents of the Citv: and, if available at least two (2) members shall be preservation-related professionals (includina the Drofessions of historv: architecture, architectural historv, archeoloav. plannina. real estate, or law) and one (1) member shall be a representative of the countv Historical Societv. Q Source: Ordinance No. 8-2000 Effective Date: ' 3-8-2000 Subd. 4. Repealed. 8' %. Source: Ordinance No. 8-2000 Effective Date: 3-8-2000 .. Subd. 5.1 RePealed. Subd. 6. Combinina Duties of Commissions. The Council mav bv a resolution make a Commission inactive bv choosina not to appoint members to such Commission. If the Council makes a Commission inactive it mav assian the duties of the inactive Commission to anv one of the other Commissions. The Council mav subseauentlv bv resolution activate an inactive Commission and thereafter appoint members as provided herein. Source: Ordinance No. 35.498-2000 Effective Date: $85-49 .. .. 3 -. f. .. .. sa .. 6. SECTION 2.24. Repealed. Source: Ordinance No. 8-2000 Effective Date: 3-8-2000 SECTION 2.25 COMMUNITY PLANNING BOARD Subd. 1. Establishment. The Community Planning Board C'Board) is hereby established. Subd. 2. Duties and Responsibilities. The Community Planning Board shall have the following duties and responsibilities: A. It shall function as the City's Planning Commission and its Planning Agency which shall have all of the powers and perform ail of the duties and responsibilities (of a Planning Commission and Planning Agency) as provided by law and the Code. With respect to its duties and responsibilities as a Planning Commission and Planning Agency, if shall be advisory to the Council except as other powers and duties are imposed on it by law. B. C. Review and recommend additions to or modifications of park, trail, and leisure uses of land. Perform other duties which the Council may assign to if. Subd. 3. Membership. The Community Planning Board shall consist of not less than seven (7) and not more than nine (9) (as established by the Council from time to time) members. 7 shattTo the extent reasonably Possible, members should represent a spectrum of interests including architecture, land development, real estate, public safety, economic growth and landscape architecture. - Source: Ordinance No. 33-99 Effective Date: 10-5-99 Source: Ordinance No. 33-99 Effective Date: 10-5-99 SECTION 2.- *. . ..- Y - 227. - ReDealed Source: Ordinance No. 33-99 Effective Date: 10-5-99 SECTION 2.28 Reoealed Source: Ordinance No. 33-99 Effective Date: 10-5-99 EP\CiW Code\Ch. 2 revisions.010902 CITY OF EDEN PRAIRIE HEN" COUNTY, MINNESOTA ORDINANCENO. - 2002 CEOFTHECLTYOFEDENP~~~SOTAAMENDINGCrrYCODE AMENDING SECTIONS 2.22, 2.23 AND 2.25 SUBD. 3 €tELATING TO BOARDS, COMMISSIONS AND TASKFORCES; REPEALING SECTIONS 2.24 RELATING TOTHECOMMUNlTYPROGRAMBOARDAND SECTION2.28 RE&A'I"GTOHERlTAGE PRESERVATIONCOMMISSI0N;ANDADOPTINGBY~ERENCE CTIYCODE(THAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENAL,TY PROVISIONS. mo*ii$J?& CHAPTER THE CITY COUNCIL OW THE CITY OW EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Sections 2.22, 2.23 and 2.25 Subd. 3 are amended to read as follows: SECTION 2.22 BOARDS, COMMISSIONS AND TASK FORCES Subd 1. Generally. Except as otherwise provided with respect to a Board, Commission or Task Force, the provisions of this Section shall apply to all Boards, Commissions and Task Forces provided in this Chapter 2. Subd. 2. .Membership. Members shall be appointed by the Council who shall serve at the pleasure of the Council. Members shall be residents of the City. No member of the Council shall serve as a member. \ Subd. 3. Terms of Appointment. The terms of members of Boards and Commissions shall be for a period of three years each, provided however, in order to avoid the expiration of the terrrrs of all members on the same date, the term of each member appointed may be established and stated at the time * of he appointment so that an equal or approximately equal number of terms of members shall expire each year after the initial appointment of members and thereafter. Terns shall commence April 1 and shall continue for the terms appointed and until the member's successor has been appointed and qualified. The Council may, but need not, appoint a person for the unexpired portion of the term of a member whose membership has become vacant. No person may be appointed to more thantvrro (2) full consecutive terms, except by unanimous vote of the Council. The term of members of a Task Force shall be determined by the Council at the time the Task Force is established. 3 , Subd. 4. Vacancies and Removal of Members. A. B. Vacancies: Membership shall become vacant upon the occurrence of any of the following: 1. Death. The death of a member. 2. Disability. A determination by the Council that the member's physical or mental disabilityrenders the member incapable of service. 3. Resignation. The member's resignation in writing. 4. Absence. A member's absence fiom three consecutive meetings, unless excused by action of the Council. 5. Change in Residence. Termination of a Member's residence in the City. Removal fiom Office. A member may be removed: '. 1. Upon Petition of a Board, Commission or Task Force. The Board, Commission or Task Force, by a three fifths (3/5's) vote of its members, may petition to the Council to remove any member when, in its discretion, the best interests of the City would be served thereby. 2. By the Council. The Council, by a majority vote of all its members, shall have the authority, in its discretion, to remove any member. Subd. 5. Officers. The Council shall in March each year choose a chairperson and vice-chairperson for a Board or Commission to serve for a period of one year. With the exception of the first chairperson, a chairperson must have served one year on the Board or Commission before becoming eligible for appointment as a chairperson. At the time the Council establishes a Task Force it shall choose a chairperson and vice-chairperson to serve for the duration of the Task Force. The chairperson or in hisher absence, the vice-chairperson shall preside at all meetings of the Board, Commission or Task Force of which such person is the chairperson or vice-chairperson. In the absence of a chairperson or vice-chairperson, members of a Board, Codision or Task Force may appoint an acting chairperson to act during the absence. P Subd. 6. Meetings. A. B. - Regular Meetings: The Council shall establish fiom time to time a schedule of regular meetings for aBoard or Commission. A Task Force shall establish a schedule of regular meetings at its initial meeting. Special Meetings. Special meetings of a Board, Commission or Task Force may be called by the chairperson or any three members of the Board, Commission or Task Force by a writing filed with the City Clerk at least three days prior to the date of the meeting. The City Clerk shall thereupon notify each member of the Board, Commission or Task Force and give such Mer notice as required by law. Subd. 7. Rules Governing Meetings. The Board, Commission or Task Force shall be governed by Robert's Rules of Order, newly revised 1990 edition (9th Edition), and the Minnesota open meeting law. Subd. 8. Compensation and Expenses. Members of the Board, Commission or Task Force shall serve without compensation, but may be reimbursed for out of pocket expenses incurred in the performance of their duties when such expenses have been authorized by the Council or the City Managerbefore they were incurred. SECTION ,' 2.23 COMMISSIONS Subd. 1. Establishment: The following Commissions are hereby established: A. Human Rights and Diversity Commission B. Arts and Culture Commission C. Parks, Recreation and Natural Resources Commission D. Heritage Preservation Commission Subd. 2. Duties and Responsibilities. The Commissions shall provide the City Staff and Council, upon request by the Council or City Manager or designee, with advice on a continuing, temporary or interim basis on such subjects and matters as requested. In addition, each Commission may act in an advisory capacity as provided hereafter: A. iHuman Rights and Diversity Commission. The Human Rights and Diversity Commission shall act in an advisory capacity on matters d of diversity, civil and human rights, and the Americans with Disabilities Act (“ADA”) which may include the following: 1. Enlisting the cooperation of agencies, organizations and individuals in the community to promote awareness and appreciationof diversity. 2. Reviewing and investigating alleged ADA violations reported to the City via the ADA Grievance procedures. 3. Working with community volunteers to promote the City’s Manifesto and provide response and support to victims of incidents of bias. P I B. Arts and Culture Commission. The Arts and Culture Commission shall act in an advisory capacity on matters pertaining to cultural, performance and visual art programs and activities supported by the general public which may include the following: 1. Enlisting the cooperation of organizations and individuals in the community to promote community awareness and support of perfonname and visual arts and cultural activities. 2. metropolitan area. 3. Promoting partnerships with art resources throughout the -.. .. . 8- Providing input to staff on the development of art programs and activities. 4. Providing input to staff on the development of programs that communicate and preserve the City’s cultural heritage. 5. Development of operation and maintenance of facilities related to the arts. 6. Studies for the development of facilities related to the arts. 7. Policies relating to the operation of programs and facilities related to the arts. C. Parks, Recreation and Natural Resources Commission. The Parks, Recreation and Natural Resources Commission shall act in an advisory capacity on matters of development and use of parks and recreation facilities; and recreation programs; preservation of natural resources; and promotion of envirodental awareness which may include the following: P 14 1. parks and recreation facilities in the City, including The acquisition and development of a complete system of a. The development of a System Plan for parks and recreation facilities. b. Recommendations of studies as necessary for the development of such a System Plan. c. Recommendation of policies for the implementation of the Plan. e. Recommendation of a capital improvement program for the implementation of the Plan. f. Recommendation of a site plan for the development of the different parcels of property which will compose the System. g. Review of a development proposal for consistency with the System Plan. 2. The conduct of the complete program of recreation --. opportunities within the City and charging the Commission with review of development proposals, including: a. , . ..*. , Review of proposed and existing recreation programs and advice to the Recreation Staff on programming and the operation of all such opportunity. * b. Recommendation of policies to the Council on matters pertaining to the operation of recreation facilities and program. c. Recommendation of an annual budget for the operation of said programs and facilities to the Council in time for inclusion in the budget proposal. d. Cooperation and coordination of recreation and other leisure opportunity and proposals with other City Groups, school groups, community groups, and County, State and Federal agencies that have application within the City. t 3. The inventory, preservation and management of natural # resources within the Cityincluding: a. Making a study and inventory of natural resources in the City. b. Recommendation of plans and policies for the preservation of natural resources in the City. c. Review of land use proposals that conflict with the park and open space plan. d. Making recommendations to the Council for action programs to ensure preservation of natural resources: e. Cooperation and coordination of the environmental programs and proposals with other City Groups, school groups, and County, State and Federal agencies that have application within the City. f. Establishing programs and dissemination of information to better inform and guide environmental choices of residents of the City. g. Making recommendations on management of wildlife to control the number of deer and geese within DNR recommended populations. ’. .* *- D. Heritage Preservation Commission. The Heritage Preservation Commission (“Commission”) shall have the following duties and responsibilities; in addition to those specified in Section 1 1.05: * 1. The Commission shall conduct a continuing survey of all areas, places, buildings, structures, or objects in the City which the Commission, on the basis of information available or presented to it, has reason to believe are significant to the cultural, social, economic, political, or architecturalhistory of the City. 2. The Commission shall continually survey all areas to determine needed and desirable improvements of older buildings throughout the City, acting in a resource and advisory capacity to owners of historically significant sites regarding their preservation, restoration and rehabilitation. < 3. The Commission shall work for the continuing education of the citizens of the City with respect to the civic and architectural heritage of the City. It shall keep current a public register of designated and proposed Heritage Preservation sites and areas along with the plans and programs that pertain to them. 4. The Commission may recommend to the Council the acceptance of contributions offered to the City and to assist the City staff in preparation of applications for grant funds to be made through the City for fhe purpose of Heritage Preservation. The Commission will on a continuing basis collect and review City planning and development records, documents, studies, models, maps, plans, and drawings to be passed on to the State Historical Society as a permanent record of City history and development. 5. 6. The Commission shall make no application to the National Register of Historic Places or to the State of Minnesota for the designation of a historic site or district without the consent of the Council. Subd. 3.. Membership. Subject to subdivision 6 of this section, each C&mission, except the Parks, Recreation and Natural Resources Commission and the Heritage Preservation Commission, shall consist of not less than five and not more than seven (as established by the Council from time to time) members. The Parks, Recreation and Natural Resources Commission shall consist of nine members. The Heritage Preservation Commission shall consist of seven (7) members appointed by the Council. Members shall have a demonstrated interest andor expertise in historic preservation; be residents of the City; and, if available, at least two (2) members shall be preservation-related professionals (including the professions of history, architecture, architectural history, archeology, planning, real estate, or law) and one (1) member shall be a representative of the county Historical Society. Subd. 4. Repealed. Subd. 5. Repealed. Subd. 6. Combining Duties of Commissions. The Council may by a resolutidnmake a Commission inactive by choosing not to appoint members to such Commission. If the Council makes a Commission inactive it may assign the duties of the inactive Commission to any one of the other Commissions. The Council may subsequently by resolution activate an inactive Commission and thereafter appoint members as provided herein. SECTION 2.25 COMMUNITY PLA"GB0ARD Subd. 3. Membership. The Community Planning Board shall consist of not less than seven (7) and not more than nine (9) (as established by the Council fkom time to time) members. To the extent reasonably possible, members should represent a spectrum of interests including architecture, land development, real estate, public safety, economic growth and landscape architecture. Section 2. City Code Sections 2.24 and 2.28 are repealed in their entirety. Section 3. City Code Chapter 1 entitled "General Provisions and Defitions Applicable to the Entire City Code Including Penalty for Violation" and Section 2.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. This Ordinance shall become effective fiom and after its passage and publication. Section 4. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the ,2002; and finally read and adopted and ordered published at a regular day of meeting of the City CoGcil of said City on the day of 3 2002. City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of J 2002. 1 SERVICE AREA/DMSION City Administration Carl Jullie, City Manager CITYCOUNClLAGENDA SECTION Report of City Manager ITEM DESCRIPTION: Jean Harris Memorial DATE: January 15, 2002 Requested Action Move to: Approve the Task Force Charter Statement for appointing a citizens committee to develop an appropriate memorial to the memory of Jean Harris and to request any volunteers wishing to serve on this Task Force to indicate their interest to the City Manager prior to January 25, 2002, and to direct staff to invite volunteers from community service organizations, the business community and residents at large. Synopsis The purpose of the Task Force will be to provide the City Council with a, recommendation on one or more methods to appropriately memorialize Dr. Jean Harris and to recommend methods to find any project that would require a fbnding source. This report to be submitted to the City Council no later than May 1,2002. This memorial should be highly visible, should be something new and should be fitting for the work she accomplished. It should also be something that all citizens have. the opportunity to contribute to and should encourage people to follow her example. Task Force Appointments City staff would recommend the City Council invite volunteers to serve on the committee until January 25th at which time staff would submit a list of those interested to the City Council. The Council would then appoint representatives to the Task Force. St& would recommend inviting residents at large, representatives from the various service organizations, and from the business community. Staff could contact representatives from the various service organizations to see if they have members that would be interested in serving on this Task Force. Staff could send a similar message to the Chamber of Commerce and representatives from businesses that knew or worked with Jean. \. StaE would recommend the Task Force be fairly short term and limited to recommending the concept and finding process. Future committees may be necessary to accomplish tasks such hnd raising or developing details on a specific project. CJ:mdd 1 TASK FORCE CHARTER STATEMENT Jean Harris Memorial Task Force - 2002 Purpose Statement: Determine the best method or methods to memorialize Jean Harris, her life, her ideals, and her accomplishments; and recommend to the City Council how that may be accomplished and funded. Roles and Responsibilities: Task force responsibilities A. Determine the best method or methods to memorialize Jean Harris, her ideals and what she believed was important i.e. service to others, valuing diversity and encouraging participation in public service. B. The task force should review all ideas and prioritize the recommended methods to remember what Jean contributed to all those with whom she came in contact. C. The task force will be responsible for recommending to the City Council which ideas to pursue, the estimated cost for each, and the process for raising hnds if hnds are required. D. Provide a written recommendation to the City Council no later than May 1,2002. ’ Staff Responsibilities A, Recommend a process for collecting ideas and reviewing and prioritizing recommendations. B. Provide cost estimates on the ideas that are recommended by the Task Force. C. D. Develop agenda and provide support materials. Draft the written recommendation to the City Council as supported by the Task Force. Membership: ’ ’ Citizens at large that volunteer to serve on the Task Force. Volunteers from Community Service Organizations Volunteers from the Chamber of Commerce and business community Staff Liaison: Tria Mann, Arts and Special Events Specialist Recording Secretary: Duration: February 2002 until May 2002 (estimate no more than three to four meetings.) First Meeting: Wednesday, February 20=, 7100 p-m, Heritage Room IV. DATE: January 15,2002 CITYCOUNCILAGENDA SECTION: Report of Community Development and Financial Services Director SERVICE AREA/DMSION: Financial Services Director/ Donald Uram ITEM DESCRIPTION: ITEM NO.: Feasibility Study to Deconstruct the former Public Safety Building. Synopsis In September, the City of Eden Prairie entered into an agreement with LHB Architects and Engineers to study the feasibility of using a “deconstruction” process to tear down the old Public Safety Building. LHl3 was chosen to conduct this feasibility study in part because of their well known commitment to energy- and resource-saving principles and practices. In 2001, LHB received the Construction Specifications Institute’s Environmental Sensitivity Award. Rick Carter, of LHB Architects and Engineers, has completed this report and will present his findings to the City Council at the January 15, 2001, meeting. The next step in this process is to prepare bid documents and advertise for the demolitioddeconstruction of the building. Staff expects to return to the City Council with the bid results in March. Attachments Report I PRELIMINARY REPORT DATE: November 15,2001 TO: Don Uram, Director of Community Development City of Eden Prairie, 8080 Mitchell Road, Eden Prairie, MN 55344-2230 FROM: Rick Carter, LHB Engineers & Architects RE: City Council Meeting -November 20,2001 Eden Prairie Public Safety Building Deconstruction Project I. EXECUTIVE SUMMARY LHB is assisting the City of Eden Prairie staff in bidding the demolition of the former Public Safety Building. The primary goal is to determine the feasibility of diverting materials that would typically be sent to the County’s construction material landfill during the demolition. The United States makes up approximately 5% of the world’s population while using 25% of its resources and creating 40% of the waste worldwide. Approximately 35-40% of all materials going into our rapidly filling landfills come from construction and demolition projects. Deconstruction of the building to maximize reuse and recycling of the construction materials should be evaluated as a means for the City to be a leader in reducing our ecological footprint. In addition to identifying resources and requiring a large percentage of these materials to be recycled, attempts will be made to reclaim or salvage many materials. A secondary goal will be to work with City staff to identify potential City of Eden Prairie projects that could benefit from reuse of these materials. 11. SPECIFIC GOALS The following are the goals of this project. . Divert up to 75-80% of all materials by weight, from the landfill H Maximize the percentage of diverted materials that are reclaimed or salvaged H Estimate the value of the salvaged materials that the City could reuse . Evaluate potential possible uses of salvaged materials that could be reused by the City . Promote - the 3 R’s (reduce, reuse and recycle) these can be used not only for this project but for future City projects as well. Preliminary Report - EP Fire & Police Station Page 2 of 3 November 15,2001 III. PROCESS The City has provided LHB with standard bid documents for a typical demolition project. LHB has provided modified language and documents for the addition of an alternative, asking the contractor to price both demolition utilizing traditional demolition methods while requiring the contractor to work with companies who can remove and recycle materials prior to demolition at no or little cost and deconstruction which maximizes the principles of reuse and recycling. In the deconstruction alternative, the contractor will be given a minimum percentage of landfill avoidance by weight and a list of materials to be specifically salvaged and handed over to the City. Once the bids are received, the numbers (including the estimated value of the salvaged materials) will be given to the City Council, along with a recommendation fkom the City staff. If the deconstruction alternate is selected, LHB will be retained to provide Construction Administration services. JY. COSTISSUES The primary goal of this project is not cost reduction. If the deconstruction alternative is the same or better value to the City, the decision will be easy. If the cost of landfill avoidance is higher, the decision will be more difficult. This project is primarily about changing construction and demolition practices that focus on directing reusable products from landfilling. V. DELIVERABLES In addition to providing this report, LHB will provide the following: ' Summary results from review of construction documents (drawings and project manual) Inventory of existing building materials Tour of building with explanation to three (3) local demolition contractors in order to get an industry perspective on the feasibility and timeliness of deconstruction to utilize recycling and/or deconstruction practices. Written recommendation to the City on modifications to their bid documents - Specification Section 01230 -Alternatives - - ' ' Specification Section 01575 -Waste Management Specification Section 02225 -Building Deconstruction 3 Prel.imbary Report - EP Fire & Police Staiion Page 3 of 3 November 15,2001 rn w rn rn VI. Spreadsheet identifying all materials and probable outcomes (i.e. recycle, disposal or salvage, along with specific city projects) Summary of bids Construction Administration Summary of final recycle/deconstruction percentages POTENTIAL CITY USES LHB & City staff identified two City projects for the reuse of salvaged materials. One is the Eden Prairie Center space and the other is a potential park structure. These are ideal projects given the nature of the materials available. Reuse of materials for these projects would require temporary storage of materials. VII. EDUCATIONAL This project will involve a graduate level class from the University of Minnesota, College of Architecture & Landscape Architecture on Sustainable Design. LHB staff will be the instructors for this course and plan to use this project as an exercise for the students. A presentation to the City Council will be made by the students at the end of the class. In addition, LHB & City staff will work closely with the media to educate and keep City residents informed of the progress of the project. VIII. SCHEDULE The contractors bidding this project will be given two timelines. The base bid for demolition will require completion in 30 days. If this method is selected, the project can proceed immediately. If deconstruction is selected, the contract will require an additional four months to allow for the identification of sources and deconstruction of the building. LHB and the City staff will return to the City Council for approval once the bids are received in order to make a specific recommendation and answer any questions. M.\OlPROJ\0167 1\ADMIW200\Mtgs\Preliminary Report.doc 4 I ITEM DESCRIPTION: Request to change name of the Human Rights and Diversity Youth Scholarship Award to the Youth Scholarship Award Jean L. Harris Human Rights and Diversity CITY COUNCIL AGENDA SECTION: Consent ITEM NO. m m, I I DATE: January 15,2002 SERVICE AREA Carl J. Jullie, City Manager Requested Action Move to: 1’ Approve changing the name of the Human Rights and Diversity Youth Scholarship Award to the Jean L. Harris Human Rights and Diversity Youth Scholarship Award. Synopsis The Eden Prairie City Council and the City’s Human Rights and Diversity Citizen Advisory Commission have given the Human Rights Youth Scholarship Award annually since 1995. Scholarship applicants are asked to show a demonstrated commitment to the Human Rights ideals of Dr. Martin Luther King, Jr., and others, in their school, volunteer, church, and community service, and describe what the Eden Prairie Manifesto means to the community of Eden Prairie. The $500 award is for a high school senior who resides in Eden Prairie and plans to pursue post-secondary education. In honor of the late Mayor Jean L. Harris, whose dedication to the ideals of diversity and inclusion were well known, the Human Rights and Diversity Citizen Advisory Commission is requesting to change the name of the Human Rights and Diversity Youth Scholarship Award to the Jean L. Harris Human Rights and Diversity Youth Scholarship Award.