HomeMy WebLinkAboutCity Council - 02/07/2006 AGENDA
EDEN PRAIRIE CITY COUNCIL WORKSHOP &
OPEN FORUM/OPEN PODIUM
TUESDAY,FEBRUARY 7, 2006 CITY CENTER
5:00—6:25 PM,HERITAGE ROOM II
6:30—7:00 PM, COUNCIL CHAMBER
CITY COUNCIL:
Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry Butcher, Ron Case, and Philip
Young
PLANNING COMMISSION:
Ray Stoelting—Chair, Kathy Nelson—Vice Chair, John Kirk,Vicki Koenig, Peter Rocheford,
Fred Seymour, Jon Stoltz, Bill Sutherland
CITY STAFF:
City Manager Scott Neal, Police Chief Dan Carlson, Fire Chief George Esbensen, Public Works
Director Eugene Dietz, Parks and Recreation Director Bob Lambert, Community Development
Director Janet Jeremiah, Mary Keating, Communications Manager Pat Brink,Assistant to the
City Manager Michael Barone, City Attorney Ric Rosow, and Recorder Lorene McWaters
Heritage Room H
I. 2008 GUIDE PLAN UPDATE
Council Chamber
II. OPEN FORUM
III. OPEN PODIUM
IV. ADJOURNMENT
2008 GUIDE PLAIN
U- PD)A, \\T -
City Councill - Planning Commission,
W/orf kshol?) February 7 , 2006
4 Part Presentation
2008 GUIDE PLAN 1. Demographic and economic
UPDATE information impacting the future of
suburbs
2. What does the Metropolitan Council
City Council—Planning Commission expect us to do?
Workshop February 7,2006 3. Eden Prairie Discussion Points
4. Consultant involvement
Part 1 Where are people living?
2 out of 3 Americans preferred to live in the suburbs.
H 1,600
1.400
b 1,200
e 1,000 ®Central;Cn
• Demographic and economic information o 80O S burb
impacting the future of suburbs ' 6O° g9 suburbP 9 P 400 Central
200
d 0 o 0 df^Q/'1b
Age Group
Source:Center for Housing Studles el Harvard U.1—Ky,2001
U.S. Diversity Transit Is Not Leading People Out
By 2015 1 in 3 children will be an immigrant or a child of an immigrant Of The Suburbs
100%
90%
80% 70%
7006 60%
o sa% _
50% ®1990 300% c.,sus
40% EM 2000 20% ®chanos
30% M EP 2000 1o% from
20% o% eso
10% -20% r
0%
Source:Innow BrWs,2000 Census long Form'
Source:Wltllam H.Frey,Brookings instlbrta,and U.S.Census
1
In Eden Prairie U.S. Job Growth In The Suburbs
90%
80% 25
70%
60%
50% 20
40%
30% 5
20% ■EP ®count.
10% PopulaLon
0 7 0% oana�
0
�qs� a�°� � 5^/0
a �
O%ft
Low High
S.—200o cenws s.w:.wrc arrr i.w.n..mm.R.d.•em...:.nimm.non sra«s R+EaI o.es..
Conclusion:
After analyzing the National Statistics,the
• Corporate headquarters favor the suburbs. "Planning Center'recommends that new,
growing or redeveloping suburbs should
• have the following components:
a g
r
Part 2
• Commercial core-walkable town center
• Variety of housing
• Large employment base • What does the Metropolitan Council
• Significant open space,trails&sidewalks expect us to do?
• Good transportation
.1111h.:e: :.
MUM
2
Part 3
• The Guide Plan shall contain the following
elements:
—Land Use Plan Eden Prairie Discussion Points
—Housing Plan
—Transportation Plan
—Water Resource Plan
—Parks and Open Space Plan
—Implementation Plan
Vacant Land Map Population Growth —
Golden Triangle and MCA
As of January 1,2006 there are .F 1
1,009 total vacant acres. The plans show up to
6,000 housing units of
•725 acres of low density 7,500—15,000 people
•36 acres of medium density
5 acres of high density Evaluate impact on
•75 acres of commercial SChOOIS,roads,sewer,
•911 acres of office water,parks,services
•a0 acres of industrial -!
• Affordability _=
Senior needs `
Neighborhood Commercial
Services in Southwest Eden Prairie Southwest Eden Prairie
• Three neighborhood commercial sites
have been changed to other uses.
• Market suggests need for more services
• What sites are available?
• What is the impact on surrounding , . TM�,... ..
established residential areas? =
r
3
•
Add Economic Development Add Golden Triangle Chapter
Chapter
3 _
• Identify the issues
j --
• Create policies -
• Create strategy `
Add MCA Chapter Midwest Asphalt Re-development
Work with
neighborhoods and �
property owner on
future use plan for PIV
u' this site and � _�
surrounding area
Affordable & Senior Housing Housing Maintenance
• The current plan has a 30% new housing
requirement for affordable housing units. • The housing stock is aging.
• Limited supply of residential land&high -What programs should be included to
land costs suggest re-evaluating this. re-invest in our older neighborhoods?
• Senior task force plan is complete
A Oil
Light Rail Infiltration and Inflow
• Identify the location of the rail line and stations
Met Council wants
—The City to reduce water from sump pumps,
., roof drains and drain tiles.
'' =� • The City must
Create an ordinance prohibiting this type of
n°"" ""' • discharge into sewers.
Implementation plan needed including
strategies,priorities,scheduling&financing.
Residential Density Airport criteria
• Met Council wants all cities to plan for a • Height
new residential density of 3 units per acre.
• • Safety
• This is achievable because of the higher
density suggested in Golden Triangle and
• Noise
the MCA
• Land Use
Develop ISTS Ordinance Consultant
• Septic tank&drain field ordinance draft is City staff has selected SRF Group
complete.
• Estimate is one year to complete
• Review at public hearing this year.
•
5
Consultant Tasks Consultant Tasks - Continued
• Lead&moderate discussion with • Housing implementation strategies.
community or neighborhood forums.
• Lead discussion with Planning • Economic development plan &strategies.
Commission and the public at workshops.
• Evaluate impacts of potential population • Maintain website of guide plan topics,
growth. progress and discussion.
• Traffic modeling to determine road
improvements for CIP. • Prepare guide plan text and graphics.
•
•
6
AGENDA
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY,FEBRUARY 7, 2006 7:00 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry Butcher,
Ron Case, and Philip Young
CITY STAFF: City Manager Scott Neal, Parks & Recreation Director Bob Lambert, Public
Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director
Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Carol Pelzel
I. ROLL CALL /CALL THE MEETING TO ORDER
II. PLEDGE OF ALLEGIANCE
III. COUNCIL FORUM INVITATION
IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
V. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, JANUARY 17, 2006
B. CITY COUNCIL MEETING HELD TUESDAY,JANUARY 17,2006
VI. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. ADOPT RESOLUTION APPROVING FINAL PLAT OF BRYANT LAKE
THIRD
C. APPROVE SECOND READING OF AN ORDINANCE AMENDING CITY
CODE SECTION 11.55 RELATING TO LAND ALTERATION,TREE
PRESERVATION AND STORMWATER MANAGEMENT AND ADOPT
RESOLUTION APPROVING SUMMARY ORDINANCE
D. APPROVE CHANGE ORDER NO. I FOR MITCHELL ROAD&
TECHNOLOGY DRIVE IMPROVEMENTS,I.C. 00-5508
E. APPROVE 2005 BUFFER ZONE PROTECTION PROGRAM GRANT
CONTRACT
F. APPROVE SOFTWARE LICENSE AGREEMENT WITH VIRCHOW
KRAUSE FOR PURCHASE AND IMPLEMENTATION OF AN
ENTERPRISE DOCUMENT MANAGEMENT SYSTEM
CITY COUNCIL AGENDA
February 7, 2006
Page 2
G. APPROVE AGREEMENT TO LIMIT INDEMNIFICATION WITH
SOUTHWEST METRO TRANSIT COMMISSION AND APPROVE FIRST
AMENDMENT TO THE THIRD RESTATED JOINT POWERS
AGREEMENT
H. AUTHORIZE ISSUANCE OF GRADING PERMIT TO FARGO
ELECTRONICS FOR EXPANSION OF EXISTING PARKING
FACILITIES
I. APPOINT JEFF CORDES ASSISTANT WEED INSPECTOR
J. AWARD CONTRACT FOR REMOVAL OF STORMWATER SEDIMENT
FROM RED ROCK LAKE,I.C. 05-5665
K. ADOPT RESOLUTION APPOINTING WHAHLT AS ADMINISTRATOR
OF REGULATORY AGREEMENTS BETWEEN THE CITY OF EDEN
PRAIRIE AND RYLAND GROUP,INC.,REGARDING AFFORDABLE
HOUSING UNITS WITHIN HENNEPIN VILLAGE
VII. PUBLIC HEARINGS /MEETINGS
A. VACATION OF CONSERVATION/SCENIC EASEMENT OVER PART
OF LOT 21, BLOCK 1, STONEGATE OF EDEN PRAIRIE,VACATION
05-02 (Resolution)
B. FIRST READING OF AN ORDINANCE AMENDING CITY CODE
CHAPTER 5, ADDING SECTION 5.72 RELATING TO LICENSING OF
RENTAL HOUSING
VIII. PAYMENT OF CLAIMS
IX. ORDINANCES AND RESOLUTIONS
X. PETITIONS, REQUESTS AND COMMUNICATIONS
XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS
XII. APPOINTMENTS
XIII. REPORTS OF OFFICERS
A. REPORTS OF COUNCILMEMBERS
B. REPORT OF CITY MANAGER
C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
1. Architectural Services for Community Center Expansion
CITY COUNCIL AGENDA
February 7, 2006
Page 3
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XIV. OTHER BUSINESS
XV. ADJOURNMENT
ITEM NO.: V.A.
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL WORKSHOP&
OPEN FORUM/OPEN PODIUM
TUESDAY,JANUARY 17,2006 CITY CENTER
5:00—6:25 PM,HERITAGE ROOM II
6:30—7:00 PM,COUNCIL CHAMBER
CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry Butcher,
Ron Case, and Philip Young
SENIOR ISSUES TASK FORCE: Bette Anderson,Pastor Rod Anderson,Joanne Bartel,
Mary Cofer,Joyce Conley(absent), John Dollerschell (absent),Carla Kress,Joan Rumford, Lisa
Schmidtke, Sharon Steiner, Scott Welter,Basil Wissner
CITY STAFF: City Manager Scott Neal,Police Chief Dan Carlson,Fire Chief George
Esbensen,Public Works Director Eugene Dietz,Parks and Recreation Director Bob Lambert,
Community Development Director Janet Jeremiah,Mary Keating, Communications Manager Pat
Brink,Assistant to the City Manager Michael Barone, City Attorney Ric Rosow, and Recorder
Lorene McWaters
Heritage Room II
L PRESENTATION OF THE SENIOR ISSUES TASK FORCE REPORT
Marvin Cofer presented a Powerpoint summarizing the results of the Senior Issues Task
Force Study. Cofer said many of the recommendations from the 1996 report have been
implemented, some were not, and there are new recommendations in this report. Cofer
noted that not all of the recommendations are covered in the presentation,but he stressed
the task force believes they are all important.
The City Council charged the task force with reviewing the 1996 report's
recommendations and reporting how those recommendations have been realized. The
task force,which was appointed in Spring 2005, included Bette Anderson(co-chair),
Pastor Rod Anderson,Joanne Bartel, Marvin Cofer(co-chair), Joyce Conley,John
Dollerschell, Carla Kress, Joan Rumford, Lisa Schmidtke, Sharon Steiner, Scott Welter,
Basil Wissner. Mary Keating was the staff liaison to the task force. The task force
organized itself into six sub-groups correlating to the sections of the 1996 report:
demographics,housing, social services and support systems, legal and safety issues,
employment and leisure opportunities, and government structures. In addition to
researching and providing recommendations for each topic,the task force identified two
key issues for seniors in the community that they feel must be addressed. Those issues
are information referral services and transportation.
Council Workshop Minutes
January 17, 2006—page 2
The task force developed priority recommendations for each of the six subgroups, as
follows:
Demographics
• Update detailed demographics at least every two years
• Measure new immigrant populations,with special attention to non-English speaking
senior populations
Housing
• Continue to partner with developers and government agencies to develop affordable
senior-friendly housing options
• Offer incentives for development of mixed-use residences within walking distance of
senior-friendly retail shopping
Social Services and Support Systems
• Create a transportation commission to pursue collaborative public, private and
volunteer systems to expand services to seniors
• Provide additional training for City Center and Senior Center staff so they can
appropriately direct requests for information and services
• Maintain a safety net of programs to ensure resources and services are available to
those in need
Legal and Safely Issues
• Continue to maintain trained and well-equipped emergency response teams, and
consider establishing a permanent position of"Senior Liaison"police officer
• Schedule regular legal and safety seminars through the police department at the
Senior Center and senior residences
Employment and Leisure
• Continue to provide space for senior programs and services and a volunteer
coordination system
• Establish partnerships between the Senior Center and principal senior residences
Government Structures
• Communicate 2005 Senior Issues Task Force Report to Council, Commissions and
appropriate City staff
• Consider inclusion of the task force report recommendations in the updated
Comprehensive Plan
Cofer mentioned that the Stated kicked off an initiative called Transform 2010 in
December 2005. The program's goal is to evaluate the impact and plan for
accommodating the Baby Boom Generation in Minnesota. The State is holding 11
regional meetings across the state to gather information and data. Cofer said he called the
State office in charge of the program to learn more about the program and let them know
about Eden Prairie's Senior Issues Task Force. He said they are very interested in
receiving a copy of our report.
Council Workshop Minutes
January 17,2006—page 3
Discussion
Bette Anderson facilitated the question and answer portion of the discussion.
Councilmember Butcher noted that former Mayor Jean Harris was dedicated to having
large portions of housing that are senior friendly. Butcher said she wonders what percent
of the current housing stock is senior friendly. Councilmember Case said he remembers
a number of developments being marketed to Council as senior friendly, and he would
like to know how much follow through there has been on that commitment. Cofer said it
is his understanding that a substantial number of seniors have moved into the Pulte
development even though it was not marketed specifically to seniors.
Butcher asked if the Senior Issues Task Force followed the progress of the MCA study,
and whether or not it supports the MCA study recommendations. Pastor Rod noted that
the task force focused mainly on updating the 1996 report; however,they were aware of
the work on the MCA study. Joanne Bartel said the task force would likely support the
transportation portion of the MCA recommendations.Jeremiah noted that the MCA study
did take into consideration the senior residences in the area and the fact that much of the
area is not pedestrian friendly.
Jeremiah said the comp plan update will have to consider the age and condition of current
senior housing, and whether or not it will meet future needs.
Mayor Tyra-Lukens commented on the high quality of the task force report, and said she
has many thoughts on how recommendations can be implemented. She noted that the
issue of transportation came up again and again throughout the report. She asked if the
task force knows of any City that is currently handling senior transportation issues
particularly well. Joanne Bartel said some cities have entered into creative collaborations
of public, private and volunteer services that work well. Peg Kamholz said Senior
Services recently received a grant to study senior transportation services in several metro
communities. Bette Anderson mentioned that there is an ad hoc transportation
committee,which was responsible for implementing the Shopping Bus program. She
said the task force suggested formation of a transportation commission because there are
many different transportation issues that need to be addressed. Case said Council may
want to look at forming a transportation commission.
Councilmember Aho asked if Eden Prairie's expanding senior population is a result of
our population aging in place or Eden Prairie becoming a destination of choice for
seniors. Schmidtke said it seems to be a result of the resident population staying in place,
although that could change with more senior-friendly housing being constructed.
Councilmember Butcher asked what the next steps are for sharing and implementing
recommendations in the report.Neal said he will make sure the report is provided to
appropriate individuals throughout the organization, and staff will be looking at how to
integrate implementation of recommendations into the City work plan and the comp plan
update.
Council Workshop Minutes
January 17, 2006—page 4
Council Chamber
II. OPEN FORUM
A. Park Acquisitions—Jeff Strate
Eden Prairie residents Jeff Strate and Rachel Harlos, and Minnetonka
Councilmember Bob Rollinson spoke in favor of the City's acquisition of the
remaining portion of Birch Island Woods.
B. MCA Study—Pat MulOueeny,Eden Prairie Chamber of Commerce
Eden Prairie Chamber of Commerce President Pat MulQueeny and Board Chair
Dave Ward thanked the City for the considerable outreach and inclusiveness of
the City's MCA Study process and asked that the City continue to include the
Chamber of Commerce in future MCA planning efforts.
III. OPEN PODIUM
IV. ADJOURNMENT
ITEM NO.: V.B.
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY,JANUARY 17,2006 7:00 PM,CITY CENTER
Council Chamber
8080 Mitchell Road
CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry Butcher,
Ron Case, and Philip Young.
CITY STAFF: City Manager Scott Neal, Parks&Recreation Director Bob Lambert, Public
Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director
Janet Jeremiah, City Attorney Ric Rosow, Environmental Coordinator Leslie Stovring, and
Council Recorder Deb Sweeney
I. ROLL CALL/CALL THE MEETING TO ORDER
Mayor Tyra-Lukens called the meeting to order at 7:03 p.m.
II. PLEDGE OF ALLEGIANCE
III. COUNCIL FORUM INVITATION
IV. PROCLAMATION DESIGNATING JANUARY FOR THE RECOGNITION OF
DR.MARTIN LUTHER KING,JR.
Tyra-Lukens read the Proclamation and Manifesto. Larry Piumbroeck, Chair of the
ion overviewed Ci 's Human Rights Award and
Human Rights and Diversity Commission, g
g tY h'
the Dr.Jean L. Harris Youth Scholarship Award process. The Human Rights Award is
given to up to three recipients: an individual,a business, and a non-profit, each of which
displays an inclusive spirit. Nominations are welcomed and close March 31. The Dr.
Jean L.Harris Youth Scholarship Award is given to up to two recipients and carries a
one-time $1000 award. Students who live in Eden Prairie and attend any school, public or
private, are eligible. The award recognizes exceptional community service and
embodiment of the principles of the Eden Prairie Manifesto. The award information is
being distributed to counselors at schools. A new brochure has also been created to give
information about the scholarship and encourage donations.
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Neal added an item under City Manager's Report. Item VIII.G. is being pulled from the
agenda. There is a change to Item VII.H. Case added an item under Reports of
Councilmembers.
CITY COUNCIL MINUTES
January 17,2006
Page 2
MOTION: Butcher moved, seconded by Aho, to approve the agenda as published and
amended. Motion carried 5-0.
VI. MINUTES
A. OPEN PODIUM HELD TUESDAY,JANUARY 3,2006
MOTION: Young moved, seconded by Case, to approve the Open Podium
minutes as published. Motion carried 4-0 with Aho abstaining.
B. CITY COUNCIL MEETING HELD TUESDAY,JANUARY 3,2006
MOTION: Case moved, seconded by Butcher, to approve the City Council
minutes as published. Motion carried 5-0.
VII. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. MCCALL BLUFF AMENDMENT by McCall Construction Company. Second
Reading of Ordinance No. 1-2006 for Planned Unit Development District Review
and Zoning District Amendment in the Rural Zoning District on 4.89 acres.
Location: 9997 Dell Road. (Ordinance for PUD-1-2006 District Review with
waivers and Zoning District Amendment)
C. APPROVE 2006 COUNCIL TRAVEL PLAN
D. ACCEPT PROPOSAL FROM STEVENS ENGINEERS FOR PROFESSIONAL
SERVICES FOR COMMUNITY CENTER ICE SYSTEM REPAIRS AND
IMPROVEMENTS
E. APPROVE CONTRACT FOR SERVICES WITH U.S. AQUATICS FOR
FEASIBILITY STUDY FOR EXPANSION OF THE COMMUNITY
CENTER WADING POOL
F. APPROVE AMENDMENT NO. 1 TO THE JOINT POWERS AGREEMENT
FOR CDBG SERVICES BETWEEN THE CITY OF EDEN PRAIRIE AND
THE CITY OF MINNETONKA
G. ADOPT RESOLUTION NO.2006-14 EXTENDING CONDITIONAL USE
PERMIT WITH HENNPIN COUNTY FOR ELECTRONIC
GEOGRAPHICAL DIGITIZED DATA FOR USE IN MAPPING
H. AWARD CONTRACT FOR 2006 WELL REHABILITATION PROGRAM
TO BERGERSON-CASWELL,I.C. 06-5665
CITY COUNCIL MINUTES
January 17,2006
Page 3
I. RECEIVE THE 2005 LGPEA PAY EQUITY REPORT AND APPROVE
SUBMITTAL OF THE REPORT TO THE STATE
J. ADOPT RESOLUTION NO.2006-15 AMENDING RESOLUTION NO.
2006-08 BY AMENDING THE MEETING DATES FOR HUMAN RIGHTS
AND DIVERSITY COMMISSION
K. AUTHORIZE THE CITY MANAGER TO EXECUTE A SCHOLARSHIP
AGREEMENT WITH THE EDEN PRAIRIE FOUNDATION
Aho pulled item E for discussion. There has been a lot of discussion about pools at the
Community Center, and the recent referendum seems to indicate residents do not support
a change in the pools there. Tyra-Lukens said the improvements to the Community
Center are not set in stone by the referendum and there can be changes.
Lambert noted during the discussion of the referendum,there were three projects that
could have been included or not: the ice rink, an indoor play area, and a wading pool.
The third rink remains a standing offer to the Hockey Association if funding can be
found. The play area and wading pool were slated as potential revenue bond projects. If
the Council passes this item,Parks would do a feasibility study to see whether
construction and operation of a wading pool could be self-supporting. The City would do
a similar in-house feasibility study on the indoor play area concept.
Tyra-Lukens and Aho agreed this is not a Consent Calendar item and needs some
discussion. Young asked Lambert to explain how revenue bonds would work. Lambert
explained the City would borrow funds for construction,which would be paid off through
user fees. Few projects fit this model but these two have promise. The vote would
authorize a$4500 feasibility study to determine the cost and revenue streams and see if
the idea is workable. Young confirmed the intention is not to raise taxes to pay for either
project.
MOTION: Young moved, seconded by Case,to approve Items A-K on the Consent
Calendar. Motion carried 5-0.
VIII. PUBLIC HEARINGS/MEETINGS
A. EDEN VIEW ESTATES by Insignia Development,LLC. Request for: Planned Unit
Development Concept Review on 8.00 acres;Planned Unit Development District
Review with waivers and Zoning District Amendment in the Rural Zoning District on
8.00 acres; and Preliminary Plat on 8.00 acres into two lots and one outlot.Location:
17650 Flying Cloud Drive. (Resolution No.2006-16 for PUD Concept Review;
Ordinance for PUD District Review with waivers and Zoning District
Amendment; Resolution No.2006-17 for Preliminary Plat)
CITY COUNCIL MINUTES
January 17,2006
Page 4
Neal said approval of the subdivision and the granting of the waivers will protect
approximately 60%of the land.The land dedicated to the city will be cleared of
all structures and restored with native prairie grasses. This limits the number of
homes on the bluff,reducing the visual impact and saving trees and slopes from
impact in the future. This approach to limited land development with waivers in
exchange for dedication of land is similar to the McCall Bluff and Grootwassink
projects to the east.
Turnbull Road, a private road owned by John Turnbull,has been acquired by the
developer and is shown as dedicated right of way on the preliminary plat.The
final plat shall include a 20-foot wide drainage utility easement across the north
side of both lots and along Dell Road.A tree replacement plan for 95.78 inches is
required and will be part of the developer agreement. The Planning Commission
voted 8-0 to recommend approval of the project to the City Council at the
November 14,2005,meeting.
There were no comments from the public. Case noted this is the historic Marshall
farm site and should be photo documented. The site also features an unusual two-
story chicken coop.
MOTION: Aho moved, seconded by Young,to close the Public Hearing; adopt
Resolution No. 2006-16 for Planned Unit Development Concept Review on 8.00
acres; approve 1 st Reading of the Ordinance for Planned Unit Development District
Review with waivers, and Zoning District Amendment in the Rural Zoning District
on 8.00 acres;adopt Resolution No. 2006-17 for Preliminary Plat on 8.00 acres into
A incorporating
2 lots; and direct Staff to prepare a Development Agreement Staff and
Commission recommendations and Council conditions. Motion carried 5-0.
B. AGING JOYFULLY by Ken and Joy Hansen.Request for: Comprehensive
Guide Plan Change from Low Density Residential to Medium Density Residential
on 1.61 acres;Planned Unit Development District Review with waivers and
Zoning District Change from Office to RM-6.5 on 1.61 acres.Location: 13050
Pioneer Trail. (Resolution No.2006-18 for Guide Plan Change; Ordinance for
PUD District Review with waivers and Zoning District Change)
Neal said this project is a 9-unit home care setting for up to 10 elderly men or
women who are unable to remain independent due to dementia or other age
related disabilities. The existing use is office. The building is one story and
residential in character. The building will be remodeled on the interior. No
exterior changes are proposed.The Planning Commission voted 5-0 to
recommend approval of the project to the City Council at its December 12, 2005
meeting. There were no comments from the public. Case noted the project is in
line with the desires of Senior Task Force for varied housing options.
CITY COUNCIL MINUTES
January 17,2006
Page 5
MOTION: Butcher moved, seconded by Case,to close the Public Hearing;
adopt Resolution No. 2006-18 for Guide Plan Change from Low Density
Residential to Medium Density Residential on 1.61 acres; approve 1 st Reading of
the Ordinance for Planned Unit Development District Review with waivers, and
Zoning District Change from Office to RM-6.5 on 1.61 acres; and direct Staff to
prepare a Development Agreement incorporating Staff and Commission
recommendations and Council conditions. Motion carried 5-0.
C. DOYLE ADDITION by Dennis Doyle. Request for: Planned Unit Development
Concept Review on 12.1 acres; Planned Unit Development District Review with
waivers and Zoning District Amendment within the Rural District on 12.1 acres;
Preliminary Plat on 12.1 acres.Location: 9980 Dell Road& 17950 Flying Cloud
Drive. (Resolution No.2006-19 for PUD Concept Review; Ordinance for PUD
District Review with waivers and Zoning District Amendment; Resolution
No.2006-20 for Preliminary Plat)
Neal said this project is a subdivision of land into two lots and one outlot in the
Rural Zoning District. The approval of the subdivision and the granting of the
waivers will protect approximately 50%of the land, and will not result in any
additional house sites.The dedication of a trail easement over Outlot A will allow
the City to construct a future trail along that portion of Riley Creek.This limits
the number of homes on the bluff,reducing the visual impact and saving trees and
slopes from impact in the future. This approach to limited land development with
waivers in exchange for protection of natural resources is similar to the Eden
View Estates,McCall Bluff and Grootwassink projects to the east. The final plat
shall include an additional 17 feet of right of way for future Dell Road
improvements.As part of the construction of the new house,the developer needs
to connect to city sewer and water. A tree replacement plan for 20 caliper inches
is required and will be part of the developer agreement.
The wetland delineation was conducted in November 2005,but has not been
finalized and is incomplete. However,to allow winter construction of the new
home,the proposed location for the home construction was evaluated for the
presence of wetlands on January 4, 2006 with no wetlands found. The Planning
Commission voted 5-0 to recommend approval of the project to the City Council
at the December 12, 2005 meeting.
Jeremiah characterized the project as a win-win that protects the environment and
permit future road and trail development. Craig Patterson spoke on behalf of the
Doyle family in support of the project,noting over 350 substantial trees will be
preserved on the slope. Case recalled Dick Anderson's devotion to bluff
preservation and said while this is not zero development,he believed Anderson
would have been pleased.
CITY COUNCIL MINUTES
January 17,2006
Page 6
MOTION: Case moved, seconded by Butcher,to close the Public Hearing;adopt
Resolution No.2006-19 for Planned Unit Development Concept Review on 12.1
acres; approve 1 st Reading of the Ordinance for Planned Unit Development District
Review with waivers, and Zoning District Amendment within the Rural District on
12.1 acres; adopt Resolution No. 2006-20 for Preliminary Plat on 12.1 acres into
two lots and one outlot; approve the limited Wetland Delineation Review for the
area encompassed by the existing driveway and proposed home construction, and
direct Staff to prepare a Development Agreement incorporating Staff and
Commission recommendations and Council conditions. Motion carried 5-0.
D. VACATION OF DRAINAGE AND UTILITY EASEMENT IN OUTLOT L.
EAGLE RIDGE AT HENNEPIN VILLAGE FOUR,VACATION 05-05
(Resolution No.2006-21)
Neal said the Property Owner has requested the vacation of the drainage and
utility easement to eliminate the possible encumbrance or overlap of easements
over property being replatted as Eagle Crest at Hennepin Village. This is a
housekeeping item. There were no comments from the public.
MOTION: Young moved, seconded by Aho,to close the Public Hearing; and
adopt Resolution No. 2006-21 vacating the Drainage and Utility Easement in
Outlot L, Eagle Ridge at Hennepin Village Four. Motion carried 5-0.
E. FIRST READING OF AN ORDINANCE AMENDING CITY CODE
SECTION 11.55 RELATING TO LAND ALTERATION,TREE
PRESERVATION AND STORMWATER.MANAGEMENT
Neal said the Stormwater Management and Erosion Control Ordinance is being
updated as part of the City's Phase II National Pollutant Discharge Elimination
System(NPDES)permit program. City Code Section 11.55 has been revised to
include requirements that the Minnesota Pollution Control Agency(MPCA)has
instituted for issuance of a Stormwater Permit through the State's permitting
authority. As part of this revision,the tree protection and mining requirements
have also been updated.
Stovring presented highlights of the changes,which were required by the Federal
Clean Water Act. The most significant change is that the City must conduct long-
term monitoring and maintenance of stormwater facilities. Plans call for the City
to inspect all stormwater facilities,regardless of ownership, every five years.
There could be issues of paying for maintenance if private property owners are
not able to maintain them. Other changes include exemptions from a land
alteration permit for small projects and some single-family homes. A building
permit will be sufficient, although the developer must still maintain a clean site.
The City Engineer can also approve small projects to speed the approval process.
Replacement trees must be pre-approved in writing by City.There have also been
CITY COUNCIL MINUTES
January 17,2006
Page 7
changes to permissible Saturday construction hours(9 a.m.to 7 p.m.) as well as
other minor construction-related changes. These changes reflect current City
practices;the ordinance is being updated to support them. The ordinance also
requires developers to look at rainwater gardens as an alternative.
Tyra-Lukens asked if the stormwater monitoring would include nerve ponds.
Would the City then need to assess neighbors for their maintenance? Stovring
said the payer would depend on the ownership,whether City—owned,private,
association-owned, or an easement. The monitoring requirement applies to all
stormwater facilities, including nerve ponds, inlets, outlets, channels, pumps,and
rainwater gardens. Dietz said few individual residences would be responsible for
this kind of maintenance. The most likely owners would be the City, some
industrial sites, and apartment/townhome complexes. Stovring said the City is
inventorying stormwater facilities now and would review them each five years.
She confirmed not many are privately owned but there are a few.
h increase the Ci 's liability. Stovring said the
Aho asked whether these changes
ty h' g
g
City is required to pay for maintenance if the owner is unable to. Dietz said the
biggest issue would likely be systems required to remove substances from water
before discharging it. The current stormwater system is funded through a
surcharge on the water bills. This might need to be raised. The current fee is low
at$3.50, compared to $6.00 - $8.00 in surrounding cities. Stovring said the
findings of the MPCA case would tell the City more about the potential financial
impact of these changes. Eden Prairie is one of 30 cities impacted the most.
MOTION: Aho moved, seconded by Case,to close the public hearing; and
approve first reading of an Ordinance amending City Code Section 11.55 relating
to Land Alteration, Tree Preservation and Stormwater Management. Motion
carried 5-0.
IX. PAYMENT OF CLAIMS
MOTION: Young moved, seconded by Butcher,to approve Payment of Claims as
submitted. The motion carried on a roll call vote with Aho,Butcher,Case,Young,
and Tyra-Lukens voting"aye."
X. ORDINANCES AND RESOLUTIONS
XI. PETITIONS,REQUESTS AND COMMUNICATIONS
A. BRYANT LAKE SKI TEAM REQUEST FOR SUBMERSIBLE SLALOM
COURSE
Neal said the Parks,Recreation and Natural Resources Commission recommends
the City Council support a one-year permit subject to the rules of the Hennepin
CITY COUNCIL MINUTES
January 17,2006
Page 8
County Water Patrol. The Commission believed Three Rivers Park District
should really be the agency making a decision on the location of the course in
regards to safety at the public access or its impact on recreational use of the lake
by the public. The Three Rivers Park District has concerns about the proposed
location of the course due to its proximity to the public boat access. The process
gives them the right to approve or deny this use. The Hennepin County Water
Patrol also has eight conditions that must be met prior to approval of a permit.
There are no approved permits for any submersible courses within Hennepin
County at this time; however,there are probably 30-40 submersible courses in
Hennepin County lakes,most of which have been abandoned or are operating
illegally without a permit.
Lambert noted the Parks and Recreation Commission had discussed this issue at
three separate meetings. All parties agree water skiing is a great recreational
activity if it can be conducted safely. The three conditions stipulated by the Parks
Commission are that there are no safety issues,that there are no negative
environmental impacts(requiring a 15 to 20-foot depth)and no negative impact
on other recreational users. Lambert said most fishermen use the shoreline so
impacts would be reduced. The Parks Commission felt comfortable supporting
the project if the Water Patrol's eight conditions were met.
Case noted Council is being asked for a voice of approval and asked for details on
the course. Aho explained the course would be hidden under water at a depth that
would prevent interference with other boats. The only impact would be when the
course is actually in use. Use would only occur at low-traffic times because
waves generated by boat traffic preclude slalom skiing. Case asked why Lake
Minnetonka prohibits submersible courses. Aho explained portable courses are
allowed there, but putting up and taking down such a course requires 45-60
minutes. Lake Minnetonka has many arcane rules and this is just one of them.
There is a list of about 20 lakes with submersible courses in the packet. Tyra-
Lukens asked whether these were unapproved courses. Aho noted some of the
courses are not in Hennepin County and are approved. Tyra-Lukens asked how
long it takes to put a submersible course up and down. Aho said about five
minutes. Typically buoys are inflated and deflated to raise the course,which is
weighted. Aho said if the course were not in use, no one would know it was
there.
Young asked the size of the course compared to the size of the lake. Would boats
be able to use the lake when it is up? Aho said the course is six buoys and a
central lane,with little visual impact. Tyra-Lukens asked if a temporary course is
being used in the same location currently. Aho said those move with the wind.
This permanent location was chosen because it is sheltered and out of the way.
Case noted some of the lakes listed as having courses are quite large compared to
Bryant. He asked for clarification on how others could use the lake when the
CITY COUNCIL MINUTES
January 17,2006
Page 9
course is up. He assumed the northern third of the lake would be off limits. Aho
said if a boat crossed through the course they would stop using it for a few
minutes. Several users might be lined up waiting a turn. Young asked how the
Three Rivers Parks District would view the Council's action.Lambert explained
the approval process requires a series of check-offs, any of which can kill the
project. If the City approves it, it goes to the adjacent property owners (including
the Three Rivers Parks District) for written consent. If any property owner
refuses the project cannot go forward. Right now Three Rivers opposes the
project because it is only 300 feet from the boat launch. The Water Patrol also
said it would not approve this location. Lambert said it makes more sense to let
them handle it rather than for the City to do a lot of research.
Young asked what recourse the City had to undo tonight's approval, if made.
Lambert said this is only a one-year permit, and the Water Patrol can withdraw it
at any time. The City could also add a condition that the approval process return
to the City in one year, or annually. Property owners also need to give written
approval each year. Tyra-Lukens asked if the City were approving this site in
particular. Lambert said no;the site has to meet the Water Patrol's conditions.
Butcher said it appears from a petition that lakeshore owners favor the course.
She was agreeable to passing the motion, since there is a time limit and there are
still more levels of screening. Tyra-Lukens agreed and noted other parks
resources are sometimes heavily used by one group at certain times. Case also
agreed, saying the property owners' veto power offers security. It is important to
respect the investment of all the lakeshore owners.
Members of the public asked if the Council would hear public comment against
the course. Tyra-Lukens expressed reservations that no public hearing was
scheduled, and that proponents of the course were not notified,but agreed to hear
comments.
Resident Laura Bluml of 10540 West Riverview Dr. said the notifications had not
indicated the course would be a permanent structure, or that the ski team was a
private organization. She said there should have been wider notice. She only
learned about the course in the paper and missed all the parks meetings because
there was no notice. She questioned the lack of opposition to the project, noting
letters included in the packet. Bluml presented 30 signatures opposing the course
that she had collected walking in various neighborhoods, some near Bryant Lake.
She asserted private groups should not make permanent changes to public
properties.
Tyra-Lukens asked what notification had been done. Lambert said there were no
public hearings. The City did notify lakeshore property owners. There were quite
a few comments at the meetings, running about 50%for and 50%against at the
first meeting. Some emails are included in the packet. Those opposed to the
CITY COUNCIL MINUTES
January 17,2006
Page 10
course fall into two groups: fishermen, and people philosophically opposed to
exclusive private use of public property.
Frank Murray of Plymouth, Minnesota said he fishes the lake about three times a
week and has for years. The lake is very small, less than 170 acres. The ski
course is the length of two football fields not including the approach. The early
a.m. "calm"hours are prime for fishing as well as water skiing. Anyone trolling
could easily snag on the course. Though lakeshore owners were consulted,public
access users had little input. Water skiers would be pre-empting part of the lake;
currently only the swimming area does that. Fishermen are a bigger user group
than water skiers. The north end is very narrow. He invited Council to look at the
map.
Resident Kevin Bluml, of 10540 West Riverview Drive, expressed concerns that
Aho seems involved with the course. Courses are not approved because the
public prefers its lake stay public. He alleged the ski team has already put the
course without a permit. There are 42 owners around the lake and all should be
consulted, not just the 15 on the north end. The location blocks navigation.
Bluml said City ordinance prohibits structures less than 100 feet or more than 200
feet from the shoreline, and this course would be in violation of that. Lakeshore
owners do not own the lake because they live there. Bluml said a similar attempt
12 years ago was defeated unanimously.
Jerry Jetson from South Bloomington said the lake is too small for the course.
There could be injuries. He suggested postponing the motion.
Aho clarified he does water ski on the lake but is not a formal member of the
team. Being a lake user does not create a conflict of interest any more than being
a park user. Neal said Aho had not contacted Staff in any way regarding the
course and Staff had not been influenced by his participation.
Resident John Mallo of 14000 Forest Hills Road said there would always be
battles between anglers and water skiers. They both want to use the lake at the
same calm times.
Resident Joseph Docter of 7032 Willow Creek Drive spoke representing the
Bryant Lake Ski Team. The organization is new and membership is very open.
Bryant Lake is the most popular skiing lake in the City due to its narrowness and
shelter from the wind, and has been used for skiing for 40-50 years. Docter
reiterated the course would be unusable if lots of other boats were using the lake.
In addition,the submersible course would only be visible during actual use.
Portable courses can be put in at sunrise and left up all day. Docter said he had
visited each homeowner and only one opposed the course. The ski team is in
discussion with the Three Rivers Parks District about the location. He expressed
discomfort that he was not prepared for a public hearing at tonight's meeting.
CITY COUNCIL MINUTES
January 17,2006
Page 11
Butcher asked if ski team membership was open. Docter said yes and there are no
dues. The group consists of 23 families who have skied on the lake over a
number of years and will keep skiing there whether or not a course is installed.
Docter said the course is unlikely to change the frequency of skiing.
Case asked if the Council could call a public hearing at its discretion. Rosow said
yes. Case said he was willing vote tonight,but sending the issue back to the Parks
Commission for a public hearing could be an option. Aho said the Parks
Commission has already had a lot of discussion on the issue and received public
input. He noted this is a conditional permit with many hurdles to overcome, and
can be pulled if needed. The project is low risk. Butcher said she was
comfortable voting tonight. There are more ways than a public hearing to collect
input, and the Parks Commission did its job. Young said he was not so much
concerned with this motion as the issue of notification in general. The
notification issue also arose this summer regarding the gravel operation. Council
needs to have a discussion on when to go beyond the customary notice. Young
also said the City needs to get a role in the approval or re-approval of the course
going forward.
Tyra-Lukens asked for clarification on the process. Lambert said the Water Patrol
has eight conditions, one of which is getting written consent of the property
owners. Three Rivers is one of those owners. Tyra-Lukens asked for
confirmation Three Rivers could singe-handedly defeat the project, and Lambert
said yes. Tyra-Lukens asked if the Water Patrol process includes a public
hearing. Lambert said no,though a public meeting is probable. The Water Patrol
will try to accommodate the Council's wishes and will be glad to put any
conditions in. Case asked if the property owners' decision is majority rule, and
Lambert said no, any adjacent property owner could kill the project. Since the
lake is narrow,the Water Patrol is requiring owners on both sides of the lake
along the 900-foot course length to approve the course.
MOTION: Case moved, seconded by Young,to amend the motion to include the
condition that the permit stipulate the course must come back before the Parks
Commission for a public hearing and to the City Council for a vote, in one year's
time. Motion carried 5-0.
MOTION: Aho moved, seconded by Butcher,to approve the request by the
Bryant Lake Ski Team for the submersible slalom ski course for one year, subject
to the requirements of the Hennepin County Water Patrol. Motion carried 5-0.
Councilmember Butcher left the meeting after the vote.
XH. REPORTS OF ADVISORY BOARDS & COMMISSIONS
CITY COUNCIL MINUTES
January 17,2006
Page 12
XHL APPOINTMENTS
XIV. REPORTS OF OFFICERS
A. REPORTS OF COUNCILMEMBERS
1. Third Sheet of Ice—Councilmember Case
This item and the City Manager's Report were discussed after the MCA
Report.
Case called for a third sheet of ice to be a priority. The issue has been
discussed for seven years. Eden Prairie is the only city in the top ten with
only two rinks. In addition,the City now has a scaled-down proposal for a
roofed rink,which will cost only$1.9 million instead of 3-4 million. With
the Hockey Association willing to contribute $500,000 in cash and to
contract for 1100 hours of prime ice time to fund a$1million revenue
bond,the City would be able to leverage a$500,000 investment for a very
nice amenity. Case proposed directing Lambert to bring back a report on
what tradeoffs would be necessary to make the rink happen. Tyra-Lukens,
Aho, and Young assented.
B. REPORT OF CITY MANAGER
Neal reported he would be giving the"State of the City"address on Thursday. A
new program on Eden Prairie history joins previous programs on Eden Prairie
business and environment. The history program will air at 10:30 a.m.,4 p.m. and
9:00 p.m. daily through January.
C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
1. MCA Report
Jeremiah gave a presentation outlining the study process,recent
adjustments to the Major Center Area report, and next steps.
The study is a cohesive 25-year plan for land use in the 1200 acres
surrounding the 494/212/Rt 5 interchange and is available online. The
process used a consultant; a 14-member task force consisting of residents,
developers, and business owners; a large technical advisory commission;
two Open Houses,which drew 170 attendees; consultations with the
Chamber of Commerce, Planning Commission, and Parks Commission,
and numerous meetings with individual property owners and businesses to
develop the report.
CITY COUNCIL MINUTES
January 17,2006
Page 13
Key drivers for doing the study included ongoing concerns about
wayfinding, growth impacts of regional and local development and
redevelopment, and the mandated Comprehensive Plan update due this
year. There have been some minor recent adjustments. Dual shading on
some areas of the map has been added to convey the City is not actively
seeking to change the character or zoning of an area, but is open to other
uses. These changes addressed business owners' concerns,namely those
expressed by the Carpenters and General Growth. The residential area
southwest of the mall has been changed to reflect the low-rise housing that
is currently there. The Open Houses and business and resident surveys all
indicate strong support for a compact,walkable"town center"area,which
is included on the map. Businesses also show strong support for better
traffic flow through the area. The connection between West 78`h St. and
Singletree Lane has thus become a higher priority in the near term(in the
next zero to 7 years). No funding source has been identified but feasibility
and talks with property owners will begin right away. Adtech also raised
concerns over the lack of clarity-it was not clear to them office use is
permitted under"community retail." Jeremiah said the language should
change to make the planning principles consistent with the zoning.
Jeremiah characterized the study report as a"small plane"view of the
area,not necessarily the details of each parcel. There will be more
flexibility in the peripheral areas and more proscriptive treatment in the
Town Center area. The City does not intend to be proactive and jumpstart
proposals, but to wait for private proposals to be brought. Looking at the
effects on individual parcels, doing feasibility studies,and assessing
private sector interest are the next steps. For example,there is not much
detail in the report on housing beyond the density and height. Much more
detail needs to be added regarding housing type(rental, condo, family,
senior). Details of traffic analysis are being reviewed by City Staff.
Next steps include the formation of a wayfinding committee. More input
is needed on the wayfinding recommendations of the report,which have
not been reviewed by enough people. There will be a re-naming issue
when the signalized portion of Highway 212 returns to the County, and the
committee can help choose that number and the signage. The committee
can also discuss sub-areas for wayfinding and sign types and placement, as
well as funding sources and partnerships with the business community.
The other next step is addressing the Singletree-West 78d' Street project
and other transportation issues, such as the mall ring road. The
Comprehensive Plan update is also scheduled. Jeremiah introduced the
lead consultant, Terry Warner, for any questions.
Young asked for clarification about the study's uses, and what it means to
be an"advisory tool." Jeremiah said developers often want information
CITY COUNCIL MINUTES
January 17,2006
Page 14
about possible zoning changes. The study, and updates on feasibility
studies as they are completed,would be made available to developers as a
glimpse of where the City is probably heading if the concepts are feasible
and generate positive response. Developers would be told the Council has
adopted the study as advisory. Young asked when the Council would re-
enter the process. Jeremiah said there would be numerous interim steps
before a public hearing, including the Comprehensive Plan process,'a
series of Planning Commission Workshops, and meetings with focus
groups. If the report is approved, Jeremiah expected to come back with
information on the Wayfinding Committee in a month. There would be
the opportunity for ongoing updates in Council Workshops as well as the
need to come back regarding funding. Young asked if funding would be
addressed in feasibility studies, and Jeremiah said yes,particularly if there
is any public P
ublic involvement. Specifics of what tools would be used for what
project would be included. Young asked the length of the feasibility
analysis process. Jeremiah expected the Town Center feasibility study to
be complete in six months. There is already developer interest in doing
pieces of the project. The wayfinding committee is slated for four
meetings. Some parties want to move quickly. Jeremiah expected the
wayfinding feasibility study to be done this year or early next year.
Young asked about the cost of feasibility studies. Jeremiah said she had
not received proposals but expected costs of$10,000+to look at different
aspects. There are designated MCA monies not yet spent. The costs
would be brought before Council.
Nancy Littwin, General Manager of the General Growth mall property
located at 8251 Flying Cloud Drive, agreed with the overall direction of
the study report. The Singletree Lane—West 78th St alignment,however,
causes concern. The mall would need to close its most heavily used
access off Highway 212. Impacts on other mall entrances and the one-
way mall ring road are also concerns.Littwin called for wayfinding to
return as the top priority. If the core area is to be a regional draw,people
who don't live in Eden Prairie need to be able to find it. Littwin stated the
mall has lost shoppers over this issue. Temporary signage might be an
immediate solution.
Jeremiah said the City would continue to work with General Growth and
other owners. Congestion and stacking are already present and will need
to be addressed.
MOTION: Young moved, seconded by Case,to approve the Major Center
Area Study Draft Final Report as an advisory tool subject to the following
conditions:
CITY COUNCIL MINUTES
January 17,2006
Page 15
A. Complete more detailed feasibility analyses for the Town Center area
including a market study, physical redevelopment study and financial
feasibility analysis.
B. Consider alternative land uses outside of the Town Center area provided
the traffic, pedestrian, aesthetic and other impacts are within the study
parameters.
C. Include more detail relative to housing types and affordability prior to
potential adoption of the study into the Comprehensive Plan(which
requires a future public hearing).
D. Modify the draft final report to incorporate the recommendations of the
final traffic analysis.
E. Work with adjacent property owners in the vicinity of near-term
transportation recommendations to solicit additional feedback prior to
detailed construction level design work and funding considerations.
F. Work with interested residents and business property
owners/representatives to provide detailed comments on the wayfinding
recommendations and funding considerations prior to implementation.
Motion carried 5-0.
D. REPORT OF PARKS AND RECREATION DIRECTOR
1. Prioritizing Park Land Acquisition Needs
Lambert said the Parks Commission had completed the work of
prioritizing parcels for acquisition. The Commission decided to only
address parcels currently for sale. With public input,the Commission
decided to make the Picha property adjacent to Birch Island Woods the#1
priority and the Jackson property on Lake Riley the#2 priority. The
motion authorizes Staff to negotiate for both.
Young recalled having prioritized 12-13 properties as a Council. Lambert
said Council approved a list but did not prioritize it. Young noted the City
had passed on the Jackson property very recently and wondered why it
was looking at the parcel again. Lambert confirmed the Council denied
his last request to negotiate,which was triggered when the price dropped
from$400,000 to $339,000. Since then,the parks referendum passed,
dedicating$800,000 for parkland, and the property has come back on the
market. The site is within the boundaries of Riley Park and Lambert said
he would still recommend the City acquire it. Young asked where the
money for Jackson would come from if the City purchased Picha. Lambert
said park dedication fees could be used. Some projects that were planned
for park dedication fees will now be funded by the referendum so there is
some flexibility. The City has $5 million on hand and an additional $1 to
2 million is projected for the next five years. All the money is dedicated
to something in the CIP but adjustments could be made. Young asked
CITY COUNCIL MINUTES
January 17,2006
Page 16
what would be lost the third sheet of ice? Lambert said the decision
would be up to the Council.
Young said he supported the acquisition of the Picha property but not the
Jackson property and would suggest splitting the motion. Aho agreed.
The cost of the Jackson property doesn't justify killing other projects.Aho
favored Picha but questioned whether the cost per acre was consistent with
land values. Lambert said the cost would like come down a bit but remain
in that range. Land costs are based on what a developer thinks he an make
off the land based on the type of development,the availability of water
and sewer,the road situation, etc. As part of the negotiation process,
Lambert would talk to the assessor,the planner, and a couple of
developers to determine what could be done with the land. Council could
use this information to help decide whether the price is fair or not. Aho
asked whether any offer from Friends of the Birch Island Woods is still on
the table. Lambert said he was not certain, but a memo from the group
indicated the matching grant they had pursued had fallen through. There
is a chance the group could do more fundraising but the City should
probably assume it would have to a for it all.
P Y pay
Case said he was comfortable splitting the motion. He supported
purchasing the Picha property. There is sticker shock but that is the reality
of land cost now. The City should conduct due diligence on the price.
Case noted the Picha family gave land for the road and has been generous
in the past. Case also supported negotiating for the Jackson property.
Even if the price is too high,the City might be able to protect its
interests—preventing the merger of the two lots and the construction of a
large home that might impact the boat launch—in other ways. The City
might be able to pick up just one of the properties, or arrange a life estate
arrangement on the Shuldheiss property. Case favored having Lambert
look at alternatives. Young cautioned he would be a hard sell on the
Jackson property, but agreed to have Lambert present alternatives for the
Jackson property within the context of total parks spending, outlining the
give and take required.
MOTION: Young moved, seconded by Aho,to authorize staff to
negotiate for the acquisition of the Picha property and to prioritize the
Picha property as the highest priority site. Motion carried 4-0.
2. Baseball Field Improvements at Round Lake Park
Lambert said the Baseball Association wanted to light the field near the
Community Center in order to gain more playing hours. The cost for the
upgrade, including lights, dugouts and fencing was projected at$190,000,
with the Association willing to pick up half. As discussions with the
CITY COUNCIL MINUTES
January 17,2006
Page 17
Community Center architect have gone forward, however, it makes more
sense to change the location of the field. Rather than have additional
Community Center parking near Route 4 and the field near the
Community Center, it would make more sense to swap them. This would
add about$100,000 to the cost. To maximize playing time,the new field
could be graded and sodded late this summer and fall, and the old field
could be kept until next June for high school play before being turned into
a parking lot. Lambert said the process would need to move quickly to
accommodate this plan. Neighbors have already been notified of the
lighted field.
Aho asked if the field could shift north to minimize parking impacts.
Lambert said no. The field will require a high fence and/or netting even
where it is now.
MOTION: Case moved, seconded by Aho,to authorize staff to include
the relocation of the baseball field to the east side of Round Lake Park in
the vicinity of Softball Field#5 and plan for the parking lot expansion
adjacent to the expanded Community Center in the vicinity of what is now
the baseball field; and to authorize planning for lighting the baseball field
and providing other amenities such as dugouts, side fences, and a
significantly larger backstop at an estimated cost of$190,000;and that the
Eden Prairie Baseball Association will share in the cost of those
improvements to a commitment of fifty-percent of the improvement cost.
Motion carried 5-0.
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
1. Mendota Golf vs. City of Mendota Heights
Rosow reviewed this case and its applicability to the Bent Creek golf
course situation. Mendota Golf owned a 17.5-acre course,which was
zoned residential despite always being a golf course in the guide plan, and
used as a golf course since 1960. The owner bought the course in 1995
just before a change in the law. At that time,zoning trumped the
comprehensive plan;today, it is the other way around. The court ordered
the City to grant the development request,but was reversed on appeal.
After looking at the record and historical documents that were attached
after the hearing,the Court found the City Council acted on a rational
CITY COUNCIL MINUTES
January 17,2006
Page 18
basis. However,the Court also required the City to reconcile its zoning
and its comprehensive plan. The property owner has not attempted a
taking case but could still pursue that avenue.Rosow characterized the
ruling as favorable for the City. It shows that comprehensive plans can
withstand a legal challenge.
XV. OTHER BUSINESS
XVI. ADJOURNMENT
MOTION: Aho moved, seconded by Case, to adjourn the meeting. Motion earried 5-
0. The meeting adjourned at 9:55 p.m.
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar February 7, 2006
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VI.A.
Christy Weigel,Police/ Clerk's License Application List
Community Investigations
Unit
These licenses have been approved by the department heads responsible for the licensed activity.
Private Kennel Aspen Waste
Lynette Vernoia-dogs Tennis Roll Off
Christians Inc
Solid Waste Collector Dicks Sanitation
Ray Anderson& Sons Randy's Sanitation
Onyx—St.Paul,MN Onyx Waste—Newport, MN
Awin Management Blackowiak& Son
Lloyd's Construction
Temporary Liquor Buckingham Companies
Organization: Church of Pax Christi
Event: 25t'Anniversary Founders Dinner Shamrock Disposal
Date: March 25, 2006 Waste Management
Place: Pax Christi Social Hall
Red Arrow Waste Disposal
Organization: Church of Pax Christi Veit Disposal Systems
Event: 25'h Anniversary Art Tour Walters Recycling&Refuse
Date: April 29, 2006
Place: Pax Christi Social Hall
Organization: Church of Pax Christi
Event: 25t'Anniversary Celebration Dinner
Date: June 17, 2006
Place: Pax Christi Social Hall
2006 Renewal Licenses
Solid Waste Collector
LePage& Sons
WTI Waste Technology
Reliakor Services Inc
- 1 -
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar February 7, 2006
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VI. B.
Randy L. Slick Final Plat Approval of Bryant Lake View
Public Works/Engineering Third
Requested Action
Move to: Adopt the resolution approving the final plat of Bryant Lake View Third.
Synopsis
This proposal is for the plat located at 6425 Beach Road. The plat consists of 5.48 acres to be
divided into two single family lots. This is a replat of that part of Lot 1, Block 1, Bryant Lake
View Estates and Lot 2, Block 1, Bryant Lake View Second.
Background Information
The preliminary plat was approved by the City Council on July 15, 2003. Second reading of the
Rezoning Ordinance and final approval of the Developer's Agreement was completed on August
19, 2003.
Approval of the final plat is subject to the following conditions:
• Receipt of engineering fee in the amount of$320.
• Prior to the release of the final plat, Developer shall provide to the City a current title
insurance policy.
• The requirements as set forth in the Developer's Agreement.
• Provide a list of areas (to the nearest square foot) of all lots, outlots and road right-of-ways
certified by surveyor.
• Revision to plat shall include perimeter drainage and utility easements over all of Lot 2.
Attachments
• Resolution
• Drawing of final plat
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,NIINNESOTA
RESOLUTION NO.2006-
A RESOLUTION APPROVING FINAL PLAT OF
BRYANT LAKE VIEW THIRD
WHEREAS, the plat of Bryant Lake View Third 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 Bryant Lake View Third is approved upon compliance with
the recommendation of the City Engineer's report on this plat dated February 7,2006.
B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the
owners and subdivision of the above named plat.
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 February 7,2006.
Nancy Tyra-Lukens,Mayor
ATTEST: SEAL
Kathleen Porta, City Clerk
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LAND SURVEYORS
SHEET 2 OF 2 SHEETS
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CILY COUNCIL OF THE CITY OF EDEN PRAN2E.MINNESOTA
By Meyer By CIM
LOT SURVEYS COMPANY, INC.
LAND SURVEYORS
SHEET 1 OF 2 SHEETS
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar February 7, 2006
DEPARTMENT/DIVISION: ITEM DESCRIPTION: Approve Second ITEM NO.: VI.C.
Leslie Stovring, Public Works/ Reading of an Ordinance Amending City Code
Environmental Services Section 11.55
Requested Action
Move to: Approve Second Reading of an Ordinance Amending City Code Section 11.55
Relating to Land Alteration, Tree Preservation and Stormwater Management and
Adopt Resolution Approving Summary Ordinance for Publication.
Synopsis
The amendment to the City Code incorporates changes to address the following.
1. Updates to reflect changes in State and Federal regulations and requirements of our
Storm Water Pollution Prevention Plan(SWPPP).
2. The Mining Operations section was removed and would be covered as a land alteration.
3. Single family home construction would only require a Building Permit.
4. Single Family Construction and small projects that don't require a Land Alteration Permit
must comply with the General Land Alteration Requirements.
5. Clean site requirements for construction were expanded.
6. If the City accepts maintenance of the stormwater facility or structure, the City can
require conveyance of land or interests therein, such as a drainage and utility easement.
7. Inspection and monitoring provisions were added.
8. Post construction inspection and maintenance requirements were added to ensure that
stormwater facilities are maintained in accordance with the State's stormwater program.
9. The Financial Security requirement was revised to be equal to 125% of the cost estimate
stated in the application for a Land Alteration Permit.
10. Miscellaneous issues that have arisen during day to day application of the ordinance.
These are generally what would be defined as housekeeping items.
Background Information
The first reading for the Ordinance was on January 17, 2006. Minor editorial changes were
made to the ordinance since that time.
Attachments
Ordinance Summary Resolution
Ordinance Summary
City Code Section 11.55
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO.2006-
A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. 2-2006
AND ORDERING THE PUBLICATION OF SAID SUMMARY
WHEREAS, Ordinance No. 2-2006 was adopted and ordered published at a regular
meeting of the City Council of the City of Eden Prairie held on the 7a'day of February 2006.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND
ORDERS AS FOLLOWS:
A. Ordinance No. 2-2006 is lengthy and/or contains charts.
B. The text of the summary of Ordinance No.2-2006, attached hereto, conforms to
M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and
summary of the Ordinance will clearly inform the public of the intent and effect
of the Ordinance.
C. The title and summary shall be published once in the Eden Prairie Sun Current in
a body type no smaller than brevier or eight-point type.
D. A printed copy of the Ordinance shall be made available for inspection by any
person, during regular office hours, at the office of the City Clerk, and a copy of
the entire text of the Ordinance shall be posted in the City offices.
E. Ordinance No. 2-2006 shall be recorded in the Ordinance Book, along with proof
of publication,within twenty(20) days after said publication.
ADOPTED by the Eden Prairie City Council on February 7, 2006.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen Porta, City Clerk
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
SUMMARY OF ORDINANCE NO.
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY
CODE SECTION 11.55 RELATING TO LAND ALTERATION, TREE PRESERVATION
AND STORMWATER MANAGEMENT REGULATIONS.
The following is only a summary of Ordinance No. . The full text is available for public
inspection by any person during regular office hours at the office of the City Clerk.
General Provisions. General Land Alteration Permit Requirements were added to provide basic
standards for erosion control and stormwater management and hours of operation for construction
for all land alteration activities.
Mining Provisions. The provisions related to mining were deleted and incorporated into the land
alteration permit requirements.
Stormwater Management Provisions. Expanded provisions for maintaining a clean site during
construction were added, including but not limited to driveway construction timelines, concrete
truck wash outs, waste collection and disposal and tracking and spilling. The ordinance changes
bring the stormwater management provisions into conformance with the standards established by
the Minnesota Pollution Control Agency for the National Pollutant Discharge Elimination System
(NPDES)program.
Land Alteration Permit Application. New standards were added for Land Alteration Permit
applications, including but not limited to permit application review and approval standards and
financial security requirements.
Inspections, Monitoring and Maintenance. Requirements were established for inspection,
monitoring and maintenance of all constructed stormwater facilities both during and after
construction.
Effective Date. This Ordinance shall take effect upon publication
ATTEST:
Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor
PUBLISHED in the Eden Prairie Sun Current on
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
ORDINANCE NO.2-2006
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING
CITY CODE SECTION 11.55 RELATING TOCLEAN SITE, LAND ALTERATION,
TREE PRESERVATION, AND STORMWATER MANAGEMENT REGULATIONS
AND ADOPTING BY REFERENCE THE MINNESOTA POLLUTION CONTROL
AGENCY'S PUBLICATION DATED 2000, ENTITLED "PROTECTING WATER
QUALITY IN URBAN AREAS," CITY CODE CHAPTER 1 AND SECTION 11.99,
WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA ORDAINS:
Section 1. City Code Chapter 11 — Section 11.55 entitled "Mining Operation, Land
Alteration, and Environmental Preservation Regulations"is amended as follows:
SECTION 11.55 - LAND ALTERATION, TREE PRESERVATION AND
STORMWATER MANAGEMENT REGULATIONS.
Subd. 1.Declaration of Policy and Purpose.
A. Land Alterations are conducted in certain places in the City. They are inherently
accompanied by noise and dust, often create hazardous conditions and may result in
lasting disfigurement of the places where they are carried on and thus may affect existing
land uses in nearby areas, discourage further permanent development of the surrounding
properties, impair adequate planning or municipal development, and diminish public
health, safety, and general welfare. It is, therefore, desirable to regulate Land Alterations
in the City.
B. Tree removal, damage, and destruction tends to endanger the natural character of the land
from which the trees have been removed and surrounding lands, and to diminish and
impair the public health, safety and general welfare. The Council desires to protect the
integrity of the natural environment and finds that trees do so by providing for better air
quality, scenic beauty, protection against wind and water erosion, and natural insulation
for energy preservation. Further, the Council finds that trees protect privacy and provide
enhancement of property values. It is, therefore, the further purpose of this Section to
provide regulations relating to the cutting, removal or killing of trees, with the
consequent damage and destruction of the wooded and forested areas of the City, to
promote the orderly development of such areas and thereby minimize public and private
losses; to insure maintenance of the natural vegetation and topography; to encourage
protection and preservation of the natural environment and beauty of the City; to
encourage a resourceful and prudent approach to urban development of wooded areas
which provides for minimal tree loss and mitigation of tree removal resulting from
development; to provide an objective method to evaluate a development's impact on trees
and wooded areas and identify whether and how the impact may be reduced; to provide
incentive for creative land use and good site design which preserves trees while allowing
development in wooded areas with mitigation of tree removal and destruction; and to
provide for enforcement and administration thereby promoting and protecting the public
health, safety and welfare.
C. Development projects can often create nuisance or even hazardous conditions such as
erosion, litter, incomplete projects, noise, and parking issues. These conditions can
interfere with existing land uses in surrounding areas and diminish public health, safety
and general welfare. The Council seeks to promote, preserve and enhance the natural
resources within the City and protect them from adverse effects occasioned by poorly
sited development or incompatible activities by regulating Land Alteration activities that
would have an adverse and potentially irreversible impact on water quality and unique
and environmentally sensitive land while minimizing conflicts and encouraging
compatibility between Land Alteration activities and water quality and environmentally
sensitive lands.
Subd. 2. Definitions. For the purposes of this Section, the following terms, phrases, and words
shall have the meanings stated below.
A. Applicant.A person submitting an application for a Permit.
B. Best Management Practices (BMPs). Erosion and sediment control and water quality
management practices that are the most effective and practicable means of controlling,
preventing, and minimizing degradation of surface water. This includes, but is not
limited to, practices such as minimizing the length of time soil is exposed and
construction-phasing.
C. Caliper Inches. The length, in inches, of a straight line measured through the Tree Trunk
12 inches above the ground.
D. Canopy of a Tree. The horizontal extension of a tree's branches in all directions from the
Tree Trunk.
E. Certified Contractor. An individual who has received training and is licensed by the
State of Minnesota to inspect and maintain erosion control practices.
F. Control Measure. The practice or combination of practices to control erosion and
sedimentation and attendant pollution.
G. Detention Basin. A detention basin is a natural or man-made structure, facility or basin
for the temporary storage of Stormwater to allow settling of Pollutants while delaying
discharge of water so that water slowly empties from the area, including but not limited
to,wetlands, dry ponds,vegetated swales, infiltration trenches and infiltration basins.
H. Discharge. The conveyance, channeling, runoff, or drainage of stormwater or any
substance which enters a Stormwater Facility.
L Drip Line of a Tree. An imaginary vertical line which extends from the outermost
branches of a tree's canopy to the ground.
J. Diameter. Wherever this term is used in reference to the measurement of a tree it shall
mean a Tree Trunk as measured 4.5 feet above the ground.
K. Erosion. Any process that wears away the surface of the land by the action of water,
wind, ice or gravity.
L. Erosion Control Systems. Methods, measures or systems employed to prevent soil
erosion.
M. Final Stabilization. All Land Alteration has been completed and a uniform perennial
vegetative cover with a density of seventy-five (75) percent of the cover for unpaved
areas and areas not covered by permanent structures has been established on the land or
equivalent permanent cover or stabilization measures have been employed as approved
by the City. Sowing grass seed is not considered stabilization.
O. Land. "Land" shall mean and include an entire Lot (as defined in Section 11.02 of the
City Code) on or within the boundaries of which Land Alteration has occurred, or is to
occur.
P. Land Alteration Permit. A permit to allow Land Alteration.
Q. Land Alteration. Any land disturbing activity, including excavating; grading; digging,
cutting, scraping, clearing; removal of trees; filling or other change or movement of earth
which may result in diversion of a man-made or natural water course or erosion of
sediments.
R. NPDES. National Pollutant Discharge Elimination System (NPDES) as established
pursuant to 33 USC § 1342 b to regulate discharges of Pollutants to waters of the
P ( ) g
United States.
S. NPDES Permit. A NPDES stormwater discharge permit that is issued by the Minnesota
Pollution Control Agency (MPCA) to regulate discharges of Pollutants to waters of the
United States, whether the permit is applicable on an individual, group or general area-
wide basis.
T. Permit. A Land Alteration Permit or a Building Permit.
U. Permittee. The holder of a Permit pursuant to this Section.
V. Pollutant. Pollutant means: (i) toxic or hazardous substances, wastes, or contaminants
(including, without limitation, asbestos, urea formaldehyde, the group of organic
compounds known as polychlorinated biphenyls, petroleum products including gasoline,
fuel oil, crude oil and various constituents of such products, and any hazardous substance
as defined in Comprehensive Environmental Response, Compensation and Liability Act
of 1980 ("CERCLA"), 42 U.S.C. §9601-9657, as amended); (ii) substances that would
require a permit for their discharge into any water source or system or the air under the
Federal Water Pollution Control Act, 33 U.S. C. §1251 et Spec., or the Clean Air Act, 42
U.S.C. §7401 et Sec.; (iii) hazardous substances, Pollutants or contaminates defined-in
Minnesota Statutes Chapter 115B; (iv) litter,yard waste, garbage, liquid and solid wastes,
fertilizers, pesticides, herbicides, paints, solvents, automotive fluids, wastes and residues
that result from constructing a building or structure, and(iv) any other similar state law or
ordinance.
W. Retention Basin. A retention basin is a temporary or permanent natural or man made
structure, facility or basin that provides a permanent pool of water for storage of
Stormwater where water is allowed to empty through infiltration or evaporation,
including but not limited to wet or NURP ponds.
X. Root Zone of a Tree. The area under a tree which is at and within the Drip Line of a
tree's canopy.
Y. Runoff Management Plan (RMP). A plan that must be developed by the Applicant for
management of stormwater runoff as required by the Lower Minnesota River Watershed
District(LMRWD).
Z. Sediment. The product of an erosion process, including solid matter both mineral and
organic, that is in suspension, is being transported, or has been moved by water, air,
gravity or ice and has come to rest on the earth's surface either above or below the
normal water level.
AA. Sedimentation. The process or action of depositing sediment caused by erosion.
BB. Significant Tree. Any deciduous hardwood tree (except elm, willow, box elder and
aspen) measuring 12 inches in Diameter or greater, or a coniferous tree measuring 8
inches in Diameter or greater.
CC. Site. The area of Land within which Land Alteration occurs or is to occur.
DD. Stormwater. Any form of natural precipitation, including the melting of snow and ice,
which causes water to runoff or flow from one place to another.
EE. Stormwater Facility. Anything constructed to collect, convey, or store stormwater,
including but not limited to, inlets, piped storm drains, pumping facilities, Retention and
Detention Basins, drainage channels, reservoirs, and other drainage structures.
FF. Stormwater Management. The use of structural or non-structural practices that are
designed to reduce the movement of Stormwater, including Stormwater discharge
volumes, and peak flow discharge rates.
GG. Stormwater Pollution Prevention Plan (SWPPP). A plan described in Subdivision 6.11. A
SWPPP also refers to that SWPPP required by the MPCA under the NPDES Permit
program(Minnesota Statutes Chapters 115 and 116, as amended).
HH. Tree Trunk. The stem portion of a tree from the ground to the first branch thereof.
II. Vegetated or Grassed Swales. A vegetated earthen channel that conveys stormwater
while treating the stormwater with biofiltration. Such swales may be designed to pretreat
surface runoff by removing pollutants through filtration and infiltration.
Subd.3. Scope and Effect.
Except as hereafter provided, it is unlawful for any person to use Land for, or to engage directly
or indirectly in, Land Alteration unless such person shall first have applied to and obtained from
the City, in the manner hereinafter provided, a Permit authorizing the same.
A. Single Family Dwelling. A person engaging in Land Alteration in connection with the
construction of a Single Family Dwelling must obtain a Building Permit from the City.
No Land Alteration Permit is required. The Permittee who conducts Land Alterations
pursuant to the Building Permit shall be required to comply with Subds. 2, 5, and 8 of this
Section and in the event more than 10% of the Significant Trees on the Site are to be
removed in connection with construction of the Dwelling,the Permittee shall also comply
with Subds. 4 and 6.J hereof. Failure to comply with Subds. 2, 5, 8 and Subds. 4. and 6.J
if applicable, will subject the Permittee to the provisions of Subd. 9. The application for
the Building Permit shall include a Certificate of Survey in such form and content,
including Erosion Control Measures, approved by the City. Single Family Dwelling
construction includes construction of a single family dwelling, garage, pool, addition,
driveway or deck.
B. General Exemptions. The following Land Alterations are exempt from the requirements
for a Land Alteration Permit:
1. Any Land Alteration occurring pursuant to a Permit approved by the City Council
prior to February 7, 2006.
2. A lot for which a Building Permit has been approved by the City prior to February
7, 2006.
3. Movement of less than 100 cubic yards of earth.
4. Alteration of earth of less than one foot from its natural contour on any
contiguous 1,000 square feet.
5. Cutting, removal or killing of less than 10% of the Significant Trees on any Land
within a period of five years.
6. Any destruction or disruption of vegetation covering an area equal to or less than
10%of any Land.
7. Installation of a fence, sign, telephone or electric poles and other posts or poles
which result in less than 1,000 square feet of exposed soil.
8. Home gardens or an individual's home landscaping, repairs and maintenance
work.
9. Retaining walls less than four (4) feet in height and ten (10) feet in length are
constructed. This would include a single or tiered retaining wall system.
10. Existing agricultural, horticultural or silvicultural operations.
11. Opening and closing graves.
12. Emergency work to prevent or alleviate immediate dangers to life, limb, property
or natural resources. In such an event, if a Land Alteration Permit had been
required but for the emergency, the obligations of this Section shall apply and
shall be performed at the earliest reasonable time thereafter.
13. Excavations for tunnels, wells, utilities or other public work projects which are
undertaken by the City.
C. Other Requirements. Neither this Section nor any administrative decision made under
it exempts a person from other requirements of this Code, from procuring permits
required by other agencies (including but not limited to the Watershed District, Hennepin
County, Minnesota Pollution Control Agency (MPCA) or the Minnesota Department of
Natural Resources (DNR))or for complying with the requirements and conditions of such
permits.
Subd. 4. Tree Replacement Plan Requirements.
The issuance of a Land Alteration Permit or Building Permit, if applicable, shall be further
subject to and conditioned upon compliance by the Permittee with the following:
A. Tree Replacement Requirements. The Permittee shall replace significant live trees lost
or reasonably anticipated to be lost as a result of building, construction or Land
Alteration immediately or in the future, by the Permittee, his agent, successor in interest,
or any other person to whom or by whom all or any part of the land may be sold, graded,
built upon, or altered by planting that number of trees("replacement trees")determined in
accordance with the following formula:
A= Total Diameter Inches of Significant Trees Lost as a Result of the Land Alteration
B= Total Diameter Inches of Significant Trees Situated on the Land
C= Tree Replacement Constant(1.33)
D= Replacement Trees(Number of Caliper Inches)
[(A/B)xC] xA=D
EXAMPLE
A=337
B=943
C= 1.33
D= 160
[(337/943)x 1.33] x 337= 160
The trees required to be replaced pursuant to this Section shall be in addition to any other
trees required to be planted pursuant to any other provision of the Code. A Financial
Security is required as described in Subdivision 11 of this Section.
B. Location of Replacement Trees. Replacement trees shall be planted in one or more of
the following areas on the land:
(1) Restoration areas including steep slopes.
(2) Outlots or common areas.
(3) Buffer zones between different land uses and/or activities.
(4) Project entrance areas.
(5) Any other part of the land except any thereof dedicated or conveyed to the City,
unless the City consents thereto.
C. Sizes and Types of Replacement Trees. Replacement trees must be no less than the
following sizes:
(1) Deciduous trees-no less than three(3)Caliper Inches.
(2) Coniferous trees-no less than seven(7) feet high.
On steep slopes (i.e., greater than 3:1) deciduous trees may be two (2) Caliper Inches and
coniferous trees may be six(6) feet in height.
Replacement trees shall be of a species similar to the trees which are lost or removed and
shall include those species pre-approved in writing by the City. The following table is
provided for guidance in selection of trees and shrubs.
1:.3ECTDH�LTS TR.E� ':
F.
COMMQNO ANI CAL I` I� -
Red Maple or cultivar Acer rubrum Northwood, Firedance
Silver Queen Maple seedless Acer saccharinum, 'Silver Queen'
Sugar Maple or cultivar Acer saccharum,Green Mountain
River Birch Betula ni ra
Hackberry Celtis occidentalis
Fraxinus pennsylvanica,Kindred,Newport,Bergeson,
Green Ash or cultivar Marshall's Seedless,Patmore, Summit
Ginkgo Gink o biloba male only)
Hone locust Gleditsia triacanthos inermis
Kentucky Coffeetree G mnocladus dioica
Ironwood OsqyayiMjWpLng
Robusta poplar Po ulus x Robusta
Siouxland Cottonwood Po ulus deltoides x Siouxland
White Oak Ouercus albs
Swamp White Oak Quercus bicolor
Pin Oak =Q=uercus alustris
l�F PT.,OVS'FEES
Northern Red Oak Ouercus rubra
American Linden Tilia americana
Littleleaf Linden or cultivar Tilia cordata, Glenleven, Greens ire
Redmond Linden Tilia americans, 'Redmond'
CQIEIIJUa FREES: .,
COMMON NI1 , . . . BOICL N a m;
Balsam Fir Abies balsamea
White Fir Abies concolor
European Larch Larix decidua
Black Hills Spruce Picea lauca'Densata'
Austrian pine Pinus ni ra
Ponderosa Pine Pinus ggnderosa
Norway Pine Pinus resinosa
Scotch Pine Pings s lvestris
White Pine Pinus strobus
Colorado Spruce Picea up ngens
D. Time to Perform. Replacement trees shall be planted not less than 18 months from the
date of issuance of the permit.
E. Missing,Dead or Unhealthy Trees. Any replacement tree which is not alive or healthy
one (1) year after the date that the last replacement tree has been planted shall be
removed and a new healthy tree of the same size and species shall be planted in place of
the removed tree. A new healthy tree of the same size and species shall be planted in
place of any replacement tree missing within one (1) year after such date. Planting shall
occur no later than the first fall or spring following such year.
F. Sources of Trees. Replacement trees shall consist of"certified nursery stock" as defined
by Minnesota Statutes Section 18.46 or other trees ("wilding trees") so long as such
wilding trees comply with the following standards. A wilding tree measured in Caliper
Inches shall not exceed the maximum height as shown in the table below:
CALIPER INCHES MAI 1IG�"
2 18
2 18
3 20
3 20
4 24
5 28
The lowest branch of a wilding tree shall not be at a height above the surface of the
ground more than one-half of the total height of the tree. (Example: a 16 foot tree must
have a branch within 8 feet of the surface of the surrounding ground.)
Trees planted in place of missing, dead, or unhealthy replacement trees shall consist only
of"certified nursery stock"as defined by Minnesota Statutes, Section 18.46.
G. Exceptions. The provisions of Subd. 4 shall not apply to the cutting of trees planted and
grown by the owner or owner's predecessor on real estate which on April 17, 1990 was
classified as Class 2b property according to Minnesota Statutes 1989 Supplement,
Section 273.13, Subd. 23(b) because it was as of such date real estate, rural in character,
and used exclusively for growing trees for timber, lumber, wood and wood products as
described in clause(1) of said Subd. 23(b).
Subd. 5. General Requirements for Land Alteration.
Land Alteration shall be subject to and conditioned upon the performance by the Permittee of the
following general requirements regardless of whether a Land Alteration Permit is required:
A. Concrete Truck Wash Out. The Permittee must designate a location for wash out of
concrete trucks and equipment. Sites that are one acre or more must provide a station for
washing out concrete trucks and equipment. The location of the wash out area or wash
out station shall preclude the drainage of concrete and water from the washing activities
to a Stormwater Facility or water resource.
B. Corrections. If erosion breaches the perimeter of the Site, the Permittee shall
immediately correct, clean up and/or restore the Site. The Permittee shall obtain a right-
of-entry from the adjoining property owner(s) and implement clean up and restoration on
adjoining properties affected by the erosion breaches within 48 hours of obtaining
approval.
C. Drain inlet protection. All storm drain inlets shall be protected during construction with
straw bales, silt fence or other equivalent barrier meeting accepted design criteria,
standards and specifications contained in the MPCA publication "Protecting Water
Quality in Urban Areas" or alternative pre-approved in writing by the City until Control
Measures are in place.
D. Driveway construction. All driveways to be constructed shall be installed in accordance
with City Code Chapter 11 surface requirements within 120 days after construction of the
structure(s), in connection with which the driveway is constructed,has been completed or
a Certificate of Occupancy has been issued, whichever occurs first, unless otherwise
approved by the City.
E. Erosion Control Installation. Erosion Control Systems shall be installed by the
Permittee prior to commencement of any Land Alteration activity and maintained during
the Land Alteration activities in accordance with the following parameters:
it
1. Stormwater channeled from adjacent areas passing through the Site shall be
diverted around disturbed areas during the Land Alteration, if practical. Diverted
Stormwater shall be conveyed in a manner that will not erode the channels.
2. All activities on the Site shall be conducted in a manner which minimizes the area
of bare soil exposed at any one time.
3. Runoff from the Site shall be controlled by meeting either subsections a and b or
c, depending on the size of the Site.
(a) All disturbed earth left inactive for more than thirty (30) days shall be
stabilized by seeding (if prior to September 15), sodding, mulching, or
other equivalent Control Measure pre-approved in writing by the City.
(b) For sites with more than ten (10) acres disturbed at one time, or if a
channel originates in the disturbed area, one (1) or more temporary and/or
permanent Detention or Retention Basins shall be constructed. Each
Basin shall have a surface area of at least 1% of the area draining to the
Basin and at least three (3) feet of depth and constructed in accordance
with design specifications approved by the City. Sediment shall be
removed to maintain a depth of three (3) feet. The Basin discharge rate
shall also be sufficiently low as to not cause erosion along the discharge
channel or the receiving water.
(c) For Sites with less than ten (10) acres disturbed at one time, silt fences,
straw bales, or equivalent Control Measures shall be placed along the side
and down slopes of the site. If a channel or area of concentrated runoff
passes through the site, silt fences shall be placed along the channel edges
to reduce sediment reaching the channel.
Erosion Control Systems may be adjusted during dry weather to accommodate short term
activities, such as those that require the passage of very large vehicles. As soon as the
activity is finished and in any event prior to the occurrence of rainfall, the erosion and
sediment control structures must be returned to the configuration specified or approved
by the City.
F. Erosion Control Maintenance. All Erosion Control Systems shall be designed to
minimize the need for maintenance, to provide access for maintenance purposes and be
maintained in a functional condition until Final Stabilization of the construction site and
all Land Alteration, including completion of turf and/or structural surfaces used to control
soil erosion, are complete. Erosion Control Systems shall be removed within thirty (30)
days following Final Stabilization.
G. Field Testing / Field Measurements. To assure that the Land Alteration is being
conducted in accordance with the conditions stated on the Land Alteration Permit and
with the requirements of this Section,the City may order, at the expense of the Permittee,
those field measurements the City deems necessary to assure that such conditions and
requirements are being followed. Such work is to be done at the direction of the City on
an hourly charge fixed by the City.
H. Final Stabilization. Upon ceasing operations or upon interrupting Land Alterations for a
period of six (6) months, the Permittee shall complete Final Stabilization of the site.
Ground cover shall be established within sixty (60) days of a Certificate of Occupancy
issued from April 1 to August 31 or by the following June 1 for a Certificate of
Occupancy issued between September 1 to March 31.
I. Hours of Operation. No operations shall be conducted prior to 7:00 o'clock a.m. nor
after 7:00 o'clock p.m. on Monday through Friday, prior to 9:00 o'clock a.m. nor after
7:00 o'clock p.m. on Saturday, nor any time on Sundays and legal holidays. The City
may,upon good cause being shown, vary these days and hours in writing.
J. Protection of Adjoining Structures. No Land Alteration shall occur which may
endanger the use or support of adjoining lands or structures.
K. Slope Stabilization. Land contours made in conjunction with Land Alteration shall be
sloped on all sides at a minimum ratio of three to one or greater as required in this
Section, unless a steeper slope shall be approved in writing by the City.
L. Stormwater Facility / Stormwater Management Design. If Stormwater Facilities are
required by the City, the Stormwater Facilities shall be designed by a Licensed
Professional Engineer (PE) based on National Urban Runoff Program (NURP) Design
Criteria. Alternatives to the NURP Design Criteria must be approved by the City. The
NURP Design Criteria includes the following.
1. A permanent pond surface equal to 2% of the impervious area draining to the
pond or 1%of the entire area draining to the pond,whichever amount is greater.
2. An average permanent pool depth of four(4)to ten (10) feet.
3. A recommended permanent pool length to width ratio of 3:1 or greater.
4. A minimum protective shelf extending ten (10) feet into the permanent pool with
a slope of 10:1, beyond which slopes shall not exceed 3:1.
5. All Stormwater Facilities shall have a device to keep oil, grease, and other water
borne material from moving downstream as a result of normal operations.
M. Temporary Construction Fencing. The Permittee shall install temporary construction
p rY g p rY
fencing around the Site, if necessary, to protect the public or natural resources against
injury or damage. All temporary construction fencing shall be removed within ten (10)
days following elimination of potential injury or damage or issuance of a Certificate of
Occupancy, whichever occurs first. The fencing shall not be used as a permanent
installation.
N. Temporary Soil or Dirt Storage. Soil or dirt storage piles containing more than fifty
(50) cubic yards of material remaining for more than twenty-one (21) days shall be
stabilized by mulching, vegetative cover, tarps, or other means. Erosion from piles shall
be controlled by placing straw bales or silt fence barriers around the pile.
O. Tracking or Spilling. Best Management Practices (BMPs) shall be employed to
minimize sediment from being tracked or spilled onto public or private roadways. The
BMPs may include, but are not limited to, frequent cleaning of streets adjacent to the
construction site, rock construction entrances, graveled roads, washing stations and
parking areas of sufficient width and length. Sediment reaching a sidewalk, trail or
public or private road shall be removed by street cleaning with power sweepers (not
flushing) before the end of the workday or within the time frame stipulated in the Permit
of as ordered by the City Engineer, Manager of Building Inspections or their delegate.
Should eroded soils enter, or entrance appears imminent, into wetland or other water
bodies, clean up and repair shall be immediate. The Permittee shall provide all traffic
control and flagging required to protect the traveling public during clean up operations.
P. Site Dewatering. Water pumped from the Site shall be treated by temporary
sedimentation basins, grit chambers, sand filters, upflow chambers, hydro-cyclones, swirl
concentrators or other controls as appropriate. Water may not be discharged in a manner
that causes erosion or flooding that creates an adverse impact to the site, receiving
channels or a wetland.
Q. Unsafe Conditions. The Permittee shall repair, change, alter or modify or desist from
any Land Alteration deemed by the City Engineer or his/her designee to be the cause of
unsanitary,dangerous, or polluted conditions inimical to the general welfare of the City.
R. Waste and Material Collection and Disposal. All waste and unused building materials
(including garbage, debris, cleaning wastes, litter, wastewater or sewage, toxic materials
or hazardous materials) shall be properly contained while on site, properly disposed of
off-site, and not allowed to be carried by water and/or wind off the site or into a receiving
channel or storm sewer system. Waste containers and all construction materials shall not
be placed or stored such that they obstruct, encroach upon, or interfere wholly or in part
with any public right-of-way, including but not limited to, public roadways, trails,
sidewalks,parks or other public properties.
S. Wetlands and Waterways. Stormwater shall not be discharged directly into any natural
water bodies such as wetlands, lakes or streams without pre-settlement. Wetlands must
not be drained or filled, wholly or partially, unless a permit to replace by restoring or
creating wetland areas of at least equal public value has been issued by the local
governing unit. The permit and replacement must be in accordance with the Wetlands
Conservation Act [MN Statutes 103G.221 et. Seq. (herein referred to as the WCA)].
Subd. 6. Land Alteration Permit Application Requirements.
A person seeking a Land Alteration Permit shall make application to the City on a City-approved
form which shall include the following:
A. Address / Name. The name, address and telephone number of the Applicant, and the
owner of the land subject to the Land Alteration and the Site of the proposed Land
Alteration.
B. Estimated Cost of the Land Alteration. The Applicant must provide an estimated cost
for the proposed land alteration.
C. Inspection and Maintenance. All Stormwater Facilities shall be designed to minimize
the need for maintenance, to provide access for maintenance purposes and to be
structurally sound. The Applicant shall obtain necessary easements or other property
interests to allow access to the Stormwater Facilities for inspection and maintenance.
D. Land Alteration Permit Fees. A Plan Review Fee and a Land Alteration Permit Fee in
an amount determined by the Council and fixed by resolution must be paid at the time of
submitting an Application to the City. In the event the Application for a Land Alteration
Permit is denied,the Land Alteration Permit Fee shall be returned to the Applicant.
E. Site construction and/or site grading plans. Plans shall be provided at the same scale.
The minimum scale shall be one inch equals 50 feet. All plans must be signed by a
Licensed Professional Engineer (PE) who must verify that the design of all Stormwater
Facilities and Erosion Control Systems meet the requirements contained in this Section.
The plans must include the following.
1. A topographic map of the Site on which the proposed Land Alteration is to occur
showing ground elevation contours at two-foot intervals. The map shall show the
Site as it exists prior to the proposed Land Alteration and shall include a
minimum of 100 feet of land abutting the Site that is sufficient to show on- and
off-site drainage.
2. A topographic map of the Site showing the proposed ground elevation contours at
two-foot intervals of the Site when the Land Alteration is completed.
3. Locations and dimensions of all proposed Land Alteration.
4. The location and size of existing and proposed building pads.
5. Locations and dimensions of all temporary or interim soil or dirt stockpiles.
6. Location, dimensions and plans of all temporary, interim and final Stormwater
Facilities and Erosion Control Systems necessary to meet the requirements of this
Section.
7. Finished grading plan which shows at two-foot intervals, the land and Site
features before and after the Land Alteration.
8. Methods that will be used to stabilize the site after construction, including types,
time frames and schedules.
9. A restoration plan for areas disturbed by the Land Alteration.
F. Proposed Use. A statement relating to the current and proposed use of the Land
including, if any, the type of building or structure situated, or contemplated to be built
thereon.
G. Schedule. The estimated period of time within which the Land Alteration will be
conducted, including any phasing of Land Alteration. The schedule must include an
anticipated start and completion date of the Land Alteration including the installation of
temporary, interim and final Erosion Control Systems needed to meet the requirements of
this Section.
H. Stormwater Pollution Prevention Plan (SWPPP). A SWPPP shall be provided that
describes the control and management of the flow of Stormwater and associated water
quality impacts resulting from the development. A copy of the Application for General
Stormwater Permit for Construction Activity for the Site if required by the Minnesota
Pollution Control Agency must be provided with the SWPPP.
The following Stormwater management practices must be evaluated while developing the
SWPPP:
1. Natural infiltration of precipitation on-site;
2. Flow attenuation by use of open vegetated swales and natural depressions;
3. Stormwater Detention Basins; and
4. Stormwater Retention Basins.
I. Runoff Management Plan (RMP). A copy of the RMP, if required, submitted to the
Lower Minnesota River Watershed District(LMRWD).
J. Tree Inventory. A tree inventory certified by a registered land surveyor, landscape
architect or forester depicting:
1. The size, species, condition and location on the Site of all Significant Trees. On
large wooded areas, forest mensuration methods may be used to determine the
total Diameter inches of trees outside the area of the proposed Land Alteration.
2. Significant trees which will be lost due to the proposed Land Alteration.
Significant Trees shall be considered lost as a result of (i) grade change or Land
Alteration, whether temporary or permanent, of greater than one (1) foot
measured vertically,affecting 60%(as measured on a horizontal plane) or more of
the tree's Root Zone; (ii) utility construction (i.e., sewer, water, storm sewer, gas,
electric, telephone and cable TV) resulting in the cutting of 60% or more of the
tree's roots within the Root Zone; (iii) mechanical injury to the Tree Trunk of a
Significant Tree causing loss of more than 40% of the bark at any given diameter
location along the trunk; or, (iv) compaction to a depth of 6 inches or more of
60%or more of the surface of the soil within a Significant Tree's Root Zone.
3. The number, type and size of trees required to be replaced pursuant to this
Section.
4. The location of the replacement trees.
Subd. 7.Permit Application Review and Approval.
The City Engineer or his/her designee shall review an application for a Land Alteration Permit to
determine its conformance with the provisions of this Section. Within 90 days of receiving a
complete Application, the City Engineer or his/her designee shall either approve or deny
issuance of a Permit or recommend that the application be forwarded to the City Council for
review and approval.
A. Conditions. Approval, denial, or approval subject to conditions of a Land Alteration
Permit shall be based upon the following factors:
1. Whether, and the extent to which, the Land Alteration may create or exacerbate a
safety risk to surrounding persons or property.
2. Whether, and the extent to which, the Land Alteration may cause any harm to the
environment including, but not limited to, noise, dust, erosion, undue destruction
of vegetation, and accumulation of waste materials and Pollutants.
3. Whether the physical characteristics of the Site, including but not limited to
topography, vegetation, susceptibility to erosion or siltation, susceptibility to
flooding, water storage or retention, are such that the Site is not suitable for Land
Alteration or the use contemplated.
4. Whether the Land Alteration or proposed use is likely to cause substantial
environmental damage.
5. Whether the Land Alteration or proposed use will be detrimental to the health,
safety or general welfare of the public.
6. Whether adequate plans have been made for restoring and/or stabilizing the Site
upon completion of the Land Alteration.
7. Whether there is a substantial likelihood that the Applicant will be able to comply
with the rules and regulations of this and other applicable Sections of the City
Code.
8. Whether the Site proposed for the Land Alteration is zoned for the use to which
the Land will be put after the Land Alteration is completed.
9. If the City accepts maintenance of the Stormwater Facility, the City can require
conveyance to the City or other public entity certain lands or interests therein.
A Land Alteration Permit may be approved subject to conditions which limit the size;
kind or character of the proposed Land Alteration;require the construction of Stormwater
Facilities; require replacement of vegetation; establish monitoring procedures; require
staging the work over time; and/or require buffering.
B. Modifications. A Permittee may submit to the City a written request for modification of
a Permit. The City Engineer or his/her designee shall review the request and either
approve or deny the request or recommend that the request be forwarded to the City
Council for review and approval. The City may require additional reports and data from
the Permittee in reviewing the request.
Subd.8.Inspections,Monitoring and Maintenance.
Inspections of the Site to determine compliance with the requirements outlined in this Section are
the responsibility of the Permittee and/or Owner of the Site. Sites which require a NPDES
Permit or are greater than 1.0 acre in size must have inspections completed by a Certified
Professional in Erosion & Sediment Control (CPESC) or a Licensed Professional Engineer(PE).
Inspection results and maintenance activity reports must be completed and submitted in writing
to the City.
A. Right of Entry and Access to Materials. The City shall be entitled to enter and inspect
the Site as often as may be necessary to determine compliance with this Section and shall
be entitled to examine and copy records, wherever they may be kept that must be
maintained pursuant to the Permit or required by state or federal law.
B. Obstructions to Access. Any temporary or permanent obstruction to safe and easy
access to a Site subject to be inspected shall be promptly removed by the Applicant at the
request of the City and shall not be replaced.
C. Monitoring of Stormwater Discharge. The City shall have the right to set up on any
Site subject to a Permit NPDES Permit or SWPPP such devices as are necessary in the
opinion of the City to conduct monitoring and/or sampling of the Stormwater.
D. Inspections and Maintenance during Land Alteration Activities. During the Land
Alteration the Permittee must inspect each Stormwater Facility and Erosion Control
System bi-weekly and immediately after each rainfall event of 0.5 inches or more. Any
erosion or breach in an Erosion Control System must be corrected within 48 hours of
identifying the erosion or breach. Correction may include, but is not limited to: removal
of silt, litter and other debris from catch basins, inlets and drainage pipes; removal of
noxious or invasive weed species; or replacement of landscape vegetation. Inspections
may include, but are not limited to: reviewing maintenance and repair records; sampling
discharges, surface water, groundwater, and material or water in drainage control
facilities; and evaluating the condition of Erosion Control Systems and other Stormwater
Facilities.
E. Post Activity Inspections. Unless the Owner of a Property receives an exemption from
the City Engineer for a minor Stormwater Facility all Stormwater Facilities must
undergo, at a minimum, one inspection every five (5) years after completion of the
construction to document maintenance and repair needs and ensure compliance with the
requirements of this Section and accomplishment of its purposes. The inspection
frequency may be increased as deemed necessary by the City to ensure proper
functioning of the Stormwater Facility. The requirements of this paragraph pertain only
to Stormwater Facilities which are not subject to an easement in favor of the City.
F. Post Activity Stormwater Facility Maintenance. Owners of a Property which includes
a Stormwater Facility must maintain the Stormwater Facility to ensure proper functioning
of the Stormwater Facility over time. Maintenance shall include: removal of silt, litter
and other debris from catch basins, inlets and drainage pipes; removal of noxious or
invasive weed species; or replacement of landscape vegetation if needed. Any required
maintenance shall be addressed in a timely manner, as determined by the City. The
maintenance requirement may be increased as deemed necessary by the City to ensure
proper functioning of the Stormwater Facility over time. The requirements of this
paragraph pertain only to Stormwater Facilities which are not subject to an easement in
favor of the City.
G. Stormwater Facility Easement. When any new Stormwater Facility is installed on
private property, or when any new connection is made between private property and a
public Stormwater system, the property owner shall grant to the City an easement in
recordable form granting the City the right to maintain, reconstruct, repair and inspect the
Stormwater Facility. The easement shall include the right to enter onto the Site to gain
access to the Stormwater Facility.
Subd.9.Failure to Maintain Practices
If a Permittee fails or refuses to meet any of the requirements of this Section, the City, after
reasonable notice, may correct a violation by performing all necessary work to place the Site in
compliance with this Section. The notice shall set forth a deadline within which correction of the
violation must be completed. The notice shall further advise that, should the Permittee fail to
correct the violation within the established deadline, the work will be done by the City with its
forces, or a contractor and the expense thereof shall be charged to the Permittee. Building
inspections may be withheld until the violation is abated or corrected.
If payment is not made within thirty (30) days after costs are incurred by the City, payment will
be made from the Permittee's Financial Security as described in this Section. If there is an
insufficient amount in the Financial Security to cover the costs incurred by the City or if there is
no Financial Security for the project,then the City may thereafter if authorized by law assess the
owner(s)of the facility or project site for the cost of repair work and any penalties and the cost of
the work shall be a lien on the property and may be placed on the tax bill and collected as
ordinary taxes by the county.
Subd. 10. Suspension or Revocation of Permit.
The City may suspend or revoke the Permit as follows:
A. Suspension. If the City determines that the permit was issued in error or on the basis of
incorrect information; is in violation of any provision of this Section or any Ordinance or
Regulation; or if an inspection reveals that the work is not in compliance with the
requirements of this Section,the City may suspend the permit and issue a stop work order
and the Permittee shall cease all work on the work Site except for work necessary to
remedy the cause of the suspension. The Permittee may request a reinstatement of a
suspended Permit upon correction of the causes for suspension. If the conditions of the
Permit have been complied with in full,the City shall reinstate the Permit.
B. Revocation. If the Permittee refuses or fails to cease work after the suspension, the City
shall revoke the Permit.
Subd. 11. Financial Security.
Financial Security is required prior to issuance of a Land Alteration Permit. The Financial
Security may take the form of a performance bond or irrevocable letter of credit issued by a
financial institution and in a form acceptable to the City or cash in United States currency. The
performance bond, letter of credit, or an agreement relating to the deposit of cash with the City
shall provide that the surety, in the case of a performance bond; the issuer of the letter of credit;
and/or depositor of cash undertakes and guarantees the performance of Applicant's obligations
pursuant to the terms of the Permit, including but not limited to, the Applicant's obligations
imposed pursuant to this Section and indemnifying the City against any loss, cost or expense,
including an amount as and for reasonable attorney's fees incurred in enforcing the obligations of
Applicant pursuant to the permit.
A. Land Alteration Permit Financial Security. The Council may make its approval of the
issuance of a Land Alteration Permit contingent upon the Applicant posting Financial
Security of 125 percent (125%) of the cost estimate stated in the application for a Land
Alteration Permit and agreed by the City to be the cost of the work to be done under the.
Land Alteration Permit("Land Alteration Permit Financial Security").
B. Tree Replacement Financial Security. The Council may make its approval of the
issuance of a Land Alteration Permit in which trees are required to be replaced contingent
on the Applicant posting additional Financial Security of 150 percent (150%) of the
estimated cost to furnish and plant the replacement trees ("estimated cost"). The
estimated cost shall be at least as much as the reasonable amount charged by nurseries for
the furnishing and planting of the replacement trees. The estimated cost shall be subject
to approval by the City. In the event the estimated cost submitted by the Applicant to the
City is not approved by the City, the City shall have the right in its sole discretion to
determine the estimated cost("Tree Replacement Financial Security").
Subd. 12. Action Against Financial Security.
The City may act against the appropriate Financial Security in the event of a violation of the
terms of the Permit, including but not limited to the following:
A. The Permittee stops performing the Land Alteration or Tree Replacement and abandons
the work site for a period of thirty (30) days prior to completion of the Land Alteration or
Tree Replacement.
B. The Permittee fails to conform to the Land Alteration Permit as approved, and/or has had
its Land Alteration Permit revoked.
C. The techniques outlined in the Land Alteration Permit fail within one year of installation
or before Final Stabilization is achieved for the Site or portion of the Site, whichever
comes later.
D. The City determines that action by the City is necessary to prevent excessive erosion
from occurring on the Site, or to prevent sediment from occurring on adjacent or nearby
properties.
The City shall use funds recovered from the Financial Security to reimburse the City for all
direct and indirect costs incurred in doing the remedial work undertaken by the City and/or
private contractor under contract with the City.
Subd. 13. Release of Financial Security.
The Land Alteration and Tree Replacement Financial Securities shall be released to the person
who deposited the Financial Securities upon determination by the City that the conditions of the
Land Alteration Permit and Tree Replacement Plan have been satisfactorily performed and no
action has been taken by the City to recover all or a part of the Financial Securities before that
determination has been made. No portion of the securities shall be released while there are
unsatisfied obligations of the Permittee to indemnify the City for any expenses incurred in
enforcing the terms of the agreement provided for in this Section.
When more than half of the Site's maximum exposed soil area achieves Final Stabilization, the
City can reduce the total required amount of the Financial Security by half, if recommended by
the City Engineer or his/her designee.
A portion of the Tree Replacement Financial Security shall be retained to secure the Permittee's
obligation to remove and replant replacement trees which are not alive or are unhealthy at the
end of one (1) year after the date that the last replacement tree has been planted to replant
missing or unhealthy trees. Upon completion of the replanting of such trees, the entire Financial
Security will be released.
Subd. 14. References.
The Minnesota Pollution Control Agency's (MPCA's) publications entitled "Protecting Water
Quality in Urban Areas" dated 2000 and "State of Minnesota Stormwater Manual" dated
November 2005 are hereby adopted and incorporated by reference. Copies of the publications
shall be kept in the Engineering Department.
Section 2. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to
f
Entire City Code including Penalty for Violation' and Section 11.99, entitled "Violation a
Misdemeanor" are herby adopted in their entirety, by reference, as though repeated verbatim
herein.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
17th day of January 2006 and finally read and adopted and ordered published at a regular
meeting of the City Council of said City on the 7th day of February 2006.
Kathleen Porta, City Clerk Nancy Tyra-Lukens,Mayor
PUBLISHED in the Eden Prairie Sun Current on 92006.
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar February 7,2006
DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 00-5508 ITEM NO.: VI.D.
Rodney Rue Approve Change Order No. 1 for the
Public Works/Engineering Mitchell Road and Technology Drive
Improvements
Requested Action
Move'to: Approve Change Order No. 1 for the Mitchell Road and Technology Drive
improvements in the net amount of$76,180.63.
Synopsis
This Change Order includes several additions and deletions to the contract. The significant
additional items include: paver bricks in the medians, guardrail near the Purgatory Creek box
culvert,bituminous leveling course for Technology Drive, as well as numerous miscellaneous
items associated with field changes or conditions. There are also several deletions included in
this Change Order associated with the removal of the standard concrete median, aesthetic
features and landscaping items. The net result of these additions and deletions is an estimated
increase in the contract of$76,180.63.
Background Information
City staff and ADC reached an agreement early in 2005 to eliminate the Tax Abatement
Agreement in favor of a Special Assessment Agreement. This action resulted in the City of Eden
Prairie becoming the project manager for the construction of the improvements. For timing and
efficiency purposes,we contracted with ADC's engineering consultant,Landform,to update the
project documents and perform the construction engineering services.
Attachment
Change Order No. 1
LALNDFORM
M IN N Etc!O-L IS PH*IFN I - -
650 BUTLER NORTH
C H A N .G E 510 FIRST AVENUE NORTH BUILDING
MINNEAPOLIS,MN 55403
O R D E R OFFICE: 612.252.9070 FAX 612.252.9077
PROJECT: CHANGE ORDER NUMBER: 01
Technology Drive&Mitchell Road Improvements DATE: 24-Jan-06
EDEN PRAIRIE PROJECT#: I.C.00-5508
TO CONTRACTOR: LANDFORM PROJECT#: CEP05001
Park Construction Company CONTRACT DATE:. 12-May-05
23260 Main Street Suite 6
Hampton,MN 55031
The Contract is changed as follows:
ADDITIONS TO CONTRACT
Item No. Description Unit Unit Price Est.Oty. Amount
1 Add brick paver treatment to medians SF $: 8.02 9430 $ 75,628.60
2 Add guardrail near Purgatory Creek bridge LS $ 14,753.64 1 $ 14,753.64. ..
3 Remove and replace monument sign at St Andrew church LS $ 500.00 1 $ 500.00
4 Add bituminous leveling course' TON $ 38.00 490.07 = $ 18,622.6.E
5 Reconstruct watermain manholes: Lower by approx..1' EA $ 500.00 2 $ 1,000.00
6 Add concrete drive apron at North American.Properties SF $ 7.22 245 $ 1,768.90
7 Moving and adjusting.existing Owest lines to install gate valve box at LS $ 1,427.18 1 $ 1,427.18 ;
sta=69+74.22,34'Rt. (EWR#2).
.8 Moving Owest duct bank conflicting with CB508. Cutting in openings LS $ 1,774.60 1 $ 1,774.60
for'15"pipes in MH221 &.MH232. (EWR93)
9 Move/jackhammer Owest vault&ducts,lower gas,main,and LS $ 3,119.55 1 $ 3,119.55
delayed install of 24"RCP between CB221 &CB222. (EWR#4)'
10 Additional traffic control required due to unforeseen work relating to LS $ 1,254.23 1 $ 1,25423
the corroded hydrant lead in Mitchell Road. (EWR#6)
11 Extra work to jackhammer footing at Purgatory Creek box culvert. LS $ 658.17 1 $ 658.17
Footings not shown on available record drawings. (EWR#9)
12_ Supply_and install two extra steel plates,at pedestrian bridge LS $ 445.31 1 $ 445.31
abutment. {EWR#10j
13 Extra1V0rk1ff-ddj05tTftign grades at the western median at the LS $ 1,630.25 1 $ 1,630.25
intersection of Tech Drive and Mitchell Road. (EWR#13)
14 Labor to"patch-bituminous between CB104&CB105 resulting from - LS $ 300.00 1 $ 300.00
pipe needing.to be re-laid. (EWR 1#14)
15 Replacement of electrical line between MTS and EP Water Plant per LS $ 2,097.94 1 $ 2,097.94 .
Eden Prairie request: (EWR#16)
.----16--Add-check_bales-for high-flours from MTS pond:-(EWR#18) _.-. --
17 Relocate signal power,&install new mast on relocated pole. LS $- 1,728.10 1 $ 1,728.10
(EWR#18)
18 Raise gate valves to finished grade. (EWR#19)- EA $ 150.00 24 $ 3,600.00
19 Attach required hydrant extensions. (EWR#19) EA $ 623.00 2 $ 1,246.00
Subtotal: $ 131,830.13
Pagel of 2.
LANDFORM
NIINN i R►OLI_t-PH O i1LIX -
CHANGE - 650 BUTLER NORTH.BUILDING
510 FIRST AVENUE NORTH
O D CR. MINNEAPOLIS,MN 55403 .
C OFFICE: 612.252-9070 FAX:612.252.9077
PROJECT: CHANGE ORDER NUMBER: 01
Technology Drive&Mitchell Road improvements DATE:. 24-Jan-06
EDEN PRAIRIE PROJECT*: I.C.00-5508
TO CONTRACTOR: LANDFORM PROJECT#: CEP05001
Park Construction Company CONTRACT DATE: 12-May-05
23260 Main Street-Suite 6
Hampton,MN 5503.1
The Contract is changed.as follows:
DELETIONS FROM CONTRACT
Item No, Description - Unit. Unit Price Est.tatty. Amount
1 Remove concrete treatment from medians SF $ 3.65 9430 $ 34,419.50
2 Deletion of circular planters near intersection EA $ 1,200.00 4. $ 4,800.00
3 Deletion of'Sugar'Maple-2.5"B&B EA $ 300.00 11 $ 3,300.00
4 Deletion of Pin;Oak-*2.5'B&B' EA $ 350.00 6 $ 2,100.00
5 Deletion of Littleleaf Linden-'2.5"B&B EA $ 275.00 14. $ 3,850.00
6 Deletion of Shademaster Honey Locust-2.5"B&B EA $, 300.00 9 $ 2,700.00
7 Deletion of Indian Magic Crabapple=2.5"B&B EA $ 275.00 4 $ 1,100.00
8 Deletion of Red Osier Dogwood-1 gal EA $ 20:00 6 $ 120.00
9 Deletion of Maney Juniper-1 gal EA $ . . . 20.00 10 $ 200.00•
10, Deletion of Charles`Albanel Shrub Rose-1 gal EA $ 20.00 24 . $ 480.00
11' Deletion of Feather Reed Grass-t gal EA $ 20.00 22 $ 440.00
12 Deletion of pedestrian plaza LS $ 2,140.00 1 $ 2,140.00
Subtotal: $ 55,649.50
The Original Contract Sum was $ 2,354,840.17
Net change by previous authorized Change Orders
The Contract Sum riorto this Change Order was - $ 2,354,840.17
The Contract Sum will'be:increased by this Change Order in the amount of 76,180.63
The new Contract Sum including this Change.Order will be 2,431,020.80
WINE
ENGINEpk CONTRACTOR:
By. By.
---
-. -200b ------ -- --- .---- -- - --—�� 5��fo - - --
-Date Date:'
MAYOR: CITY MANAGER:
By: By:
`ate: Date:
Page 2 of 2
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar February 7, 2006
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VI.E.
Police 2005 Buffer Zone Protection Program
James G. DeMann Grant#2005-BZPP-00717
Requested Action
Move to: Approve Grant Agreement with the State of MN for the 2005 Buffer Zone Protection
Program.
Synopsis
This grant contract is between the State of Minnesota,acting through its Commissioner of Public
Safety,Division of Homeland Security and Emergency Management and the City of Eden
Prairie. It will assist us in purchasing equipment that will enhance security at the Eden Prairie
Center Mall which has been identified as critical infrastructure.
Background Information
After September 11, 2001, the Department of Homeland Security made grants available to local
jurisdictions. This grant will allow us to purchase specialized communication equipment and
additional security cameras to enhance our services at the Eden Prairie Center Mall.
Attachment
State of Minnesota Grant Contract
Grant Contract#2005-BZPP-00717
STATE OF NIINNESOTA
GRANT CONTRACT
This grant contract is between the State of Minnesota,acting through its Commissioner of Public Safety.
Division of Homeland Security and Emergency Management 444 Cedar Street, Suite 223. St.Paul.Minnesota
55101-6223 ("State")and City of Eden Prairie 8080 Mitchell Road.Eden Prairie.Minnesota 55344
("Grantee").
Recitals
1 Under Minn. Stat. §§ 12.22 and 299A.01 Subd 2 (4)the State is empowered to allocate and disburse federal
funds made available through the Department of Homeland Security and is empowered to enter into this
grant contract.
2 The State is in need of the distribution of federal funds to eligible grant recipients pertaining to the 2005
Buffer Zone Protection Program,Award Number 2005-GR-T5-0015,to provide protective action funding to
protect and secure critical infrastructure and key resource sites in Minnesota-
3 The Grantee represents that it is duly qualified and agrees to perform all services described in this grant
contract to the satisfaction of the State.
Grant Contract
1 Term of Grant Contract
1.1 Effective date: July 1.2005,or the date the State obtains all required signatures under Minnesota
Statutes Section 16C.05,subdivision 2,whichever is later. Once this grant contract is fully executed,
the Grantee may claim reimbursement for expenditures incurred pursuant to Clause 4.2 of this grant
contract. Reimbursements will only be made for those expenditures made according to the terms of this
grant contract.
1.2 Expiration date: March 31.2006,or until all obligations have been satisfactorily fulfilled,whichever
occurs first.
1.3 Srervival of Terms. The following clauses survive the expiration or cancellation of this grant contract:
8. Liability; 9. State Audits; 10. Government Data Practices; 12.Publicity and Endorsement; 13.
Governing Law,Jurisdiction, and Venue; and 15.Data Disclosure.
2 Grantee's Duties
The Grantee,who is not a state employee,will:
2.1 Perform the work in the Grantee's 2005 Buffer Zone Protection Grant Program Application,
Attachment A,which is attached and incorporated into this grant contract. Approved equipment and/or
management and administration costs identified in Attachment A were approved from the 2005 Buffer
Zone Protection Program Guidelines incorporated into this grant contract by reference.
2.2 Comply with all program guidelines specified in the 2005 Buffer Zone Protection Program Grant
Application Packet provided to the Grantee by the State,and will comply with the standards and
requirements attached and incorporated into this grant contract. These additional standards and
requirements are the following:
a. Federal Audit Requirements,Iabeled Attachment B,which is attached and incorporated into this grant
contract.
b. Federal Assurances,labeled Attachment C,which is attached and incorporated into this grant
contract.
c. Grantees receiving$100,000.00 or more must complete and return the Certification Regarding
Lobbying form,labeled Attachment D,which is attached and incorporated into this grant contract.
2.3 Funds approved under this grant contract shall be used to supplement,and shall not be used to supplant,
non-federal fluids dedicated to this effort. The Grantee may be required to supply documentation
2005 Buffer Zone Protection Program(11/05) Page 1
Grant Contract#2005-BZPP-00717
certifying that a reduction in non-federal resources occurred for reasons other than the receipt or
expected receipt of federal funds.
2.4 Provide all necessary training to their employees concerning the use of equipment purchased through
this grant contract, and shall not permit the equipment to be tampered with or operated by individuals
who are not properly trained.
2.5 Assume total responsibility of the proper handling,use,and maintenance of the equipment and bear all
costs of maintenance,repair and/or replacement related to equipment. Equipment purchased through
this grant contract is the property of the Grantee.
2.6 When practicable,any equipment purchased with grant funding shall be prominently marked as follows:
"Purchased with funds provided by the U.S.Department of Homeland Security".
2.7 Comply with all program guidelines specified in the 2005 Buffer Zone Protection Grant Program
Guidelines provided to the Grantee by the State and incorporated into this grant contract by reference,
and must support the goals and objectives included in the State and/or Urban Area Homeland Security
Strategies.
3 Time
The Grantee must comply with all the time requirements described in this grant contract. In the
performance of this grant contract,time is of the essence.
4 Consideration and Payment
4.1 Consideration. The State will pay for all services performed by the Grantee under this grant contract as
follows:
(1) Compe►►.ration. The Grantee will be reimbursed an amount not to exceed$48.378.00 according to
the breakdown of costs specified in Grantee's 2005 Buffer Zone Protection Grant Program
Application,Attachment A,which is attached and incorporated into this grant contract.
The Grantee will submit a written change request for any substitution of budget items in Attachment
A,or any deviation of more than 15%from the approved budget category amounts in Attachment A.
Change requests for substitutions of budget items,or a deviation of more than 15%from the
approved budget category amount must be given in writing to the State's Authorized Representative
and at least 60 days prior to the Expiration date of this grant contract. Grantees whose requests have
been approved will be notified in writing by the State's Authorized Representative to the Grantee's
Authorized Representative. Requests must be approved prior to any expenditure by the Grantee.
(2)Matching Requirements. (If Applicable.) Grantee certifies that the following matching
requirement,for the grant contract,will be met by the Grantee: $0.000.00.
(3) Total Obligation. The total obligation of the State for all compensation and reimbursements to the
Grantee under this grant contract will not exceed$48378.00
4.2 Payment
(1)Grant Billing Fornr. The State will promptly pay the Grantee after the Grantee presents a Grant
Billing Form for the services actually performed and the State's Authorized Representative accepts
the invoiced services. Grant Billing Form must be submitted timely and according to the following
schedule:
a. Grantee will submit the Grant Billing Form along with copies of Grantee's itemized invoices for
actual costs incurred quarterly,but not more often than monthly and within 30 days of the period
covered by the Grant Billing Form.
b. Expenditures for each state fiscal year(July through June)of this grant contract must be for
services satisfactorily performed within applicable state fiscal year. Final Grant Billing Form
pertaining to the first state fiscal year of this grant contract must be received by the State no later
2005 Buffer Zone Protection Program(11/05) Page 2
Grant Contract#2005-BZPP-00717
than 45 days of the Expiration date of this grant contract.
c. Grantee will submit financial and narrative performance reports at least quarterly,but not more
often than monthly. The narrative performance report shall consist of a comparison of actual
accomplishments to the approved work plan in Attachment A. These reports must be submitted
before reimbursement will be paid.
(2) Federal funds. (Where applicable,if blank this section does not apply) Payments under this grant
contract will be made from federal funds obtained by the State through CFDA#97.078,Department
of Homeland Security Fiscal Year 2005 Buffer Zone Protection Program. The Grantee is
responsible for compliance with all federal requirements imposed on these funds and accepts full
financial responsibility for any requirements imposed by the Grantee's failure to comply with federal
requirements.
5 Conditions of Payment
All services provided by the Grantee under this grant contract must be performed to the State's
satisfaction,as determined at the sole discretion of the State's Authorized Representative and in
accordance with all applicable federal, state, and local laws,ordinances,rules,and regulations. The
Grantee will not receive payment for work found by the State to be unsatisfactory or performed in
violation of federal,state,or local law.
6 Authorized Representative
The State's Authorized Representative is Kristen Sailer. Grants Specialist.Division of Homeland
Security and Emergency Management.444 Cedar Street, Suite 223. St.Paul,MN 55101 (651)215-
6939,or his/her successor, and has the responsibility to monitor the Grantee's performance and the
authority to accept the services provided under this grant contract. If the services are satisfactory,the
State's Authorized Representative will certify acceptance on each Grant Billing Form submitted for
payment.
The Grantee's Authorized Representative is Dennis Paulson. Sergeant. 8080 Mitchell Road Eden
Prairie.Minnesota 55344.(952) 949-6200. If the Grantee's Authorized Representative changes at any
time during this grant contract,the Grantee must immediately notify the State.
7 Assignment,Amendments,Waiver,and Grant Contract Complete
7.1 Assignment. The Grantee may neither assign nor transfer any rights or obligations under this grant
contract without the prior consent of the State and a fully executed Assignment Agreement,
executed and approved by the same parties who executed and approved this grant contract,or their
successors in office.
7.2 Amendments. Any amendment to this grant contract must be in writing and will not be effective
until it has been executed and approved by the same parties who executed and approved the
original grant contract,or their successors in office.
7.3 Waiver. If the State fails to enforce any provision of this grant contract,that failure does not waive
the provision or its right to enforce it.
7.4 Grant Contract Complete. This grant contract contains all negotiations and agreements between
the State and the Grantee. No other understanding regarding this grant contract,whether written or
oral,may be used to bind either party.
8 Liability
The Grantee must indemnify,save,and hold the State, its agents,and employees harmless from any
claims or causes of action,including attorney's fees incurred by the State, arising from the performance
2005 Buffer Zone Protection Program (11/05) Page 3
Grant Contract 4 2005-BZPP-00717
of this grant contract by the Grantee or the Grantee's agents or employees. This clause will not be
construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations
under this grant contract. The Grantee's liability is governed by Minn. Stat. §466 et. Seq. and any other
applicable law,rule or regulation.
9 State Audits
Under Minn. Stat. § 16C.05, subd. 5,the Grantee's books,records,documents,and accounting
procedures and practices relevant to this grant contract are subject to examination by the State and/or the
State Auditor or Legislative Auditor,as appropriate,for a minimum of six years from the end of this
grant contract.
10 Government Data Practices
The Grantee and State must comply with the Minnesota Government Data Practices Act,Minn. Stat.
Ch. 13,as it applies to all data provided by the State under this grant contract,and as it applies to all
data created,collected,received, stored,used,maintained,or disseminated by the Grantee under this
grant contract. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in
this clause by either the Grantee or the State.
If the Grantee receives a request to release the data referred to in this Clause,the Grantee must
immediately notify the State. The State will give the Grantee instructions concerning the release of the
data to the requesting party before the data is released.
11 Workers' Compensation
The Grantee certifies that it is in compliance with Minn. Stat. § 176.181, subd.2,pertaining to workers'
compensation insurance coverage. The Grantee's employees and agents will not be considered State
employees. Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of
these employees and any claims made by any third party as a consequence of any act or omission on the
part of these employees are in no way the State's obligation or responsibility.
12 Publicity and Endorsement
12.1 Publicity. Any publicity regarding the subject matter of this grant contract must identify the State
and the Department of Homeland Security as the sponsoring agency and must not be released
without prior written approval from the State's Authorized Representative. All publications
created with finding under this grant contract shall prominently contain the following statement:
"This document was prepared under a grant from the Office of State and Local Government
Coordination and Preparedness(SLGCP),U.S. Department of Homeland Security. Points of view
or opinions expressed in this document are those of the authors and do not necessarily represent the
official position or policies of SLGCP or the U.S.Department of Homeland Security." For
purposes of this provision,publicity includes notices,informational pamphlets,press releases,
research,reports, signs, and similar public notices prepared by or for the Grantee individually or
jointly with others,or any subcontractors, with respect to the program,publications,or services
provided resulting from this grant contract. Recipient acknowledges that SLGCP reserves a
royalty-free,non-exclusive,and irrevocable license to reproduce,publish,or otherwise use,and
authorize others to use, for federal government purposes: (1)the copyright in any work developed
under an award or sub-award;and(2)any rights of copyright to which a recipient or subrecipient
purchases ownership with Federal support. The Recipient agrees to consult with SLGCP regarding
the allocation of any patent rights that arise from, or are purchased with,this funding.
12.2Endorsenier:t. The Grantee must not claim that the State endorses its products or services.
13 Governing Law,Jurisdiction,and Venue
2005 Buffer Zone Protection Program(11/05) Page 4
Grant Contract#2005-BZPP-00717
Minnesota law,without regard to its choice-of-law provisions,governs this grant contract. Venue for all
legal proceedings out of this grant contract; or its breach,must be in the appropriate state or federal court
with competent jurisdiction in Ramsey County,Minnesota.
14 Termination
14.1 Termination:by the State. The State may cancel this grant contract at any time,with or without
cause,upon 30 days' written notice to the Grantee. Upon termination,the Grantee will be entitled
to payment,determined on a pro rats basis,for services satisfactorily performed.
14.2 Terminationfor Insufficient Funding. The State may immediately terminate this grant contract if
it does not obtain funding from the Minnesota Legislature,or other funding source; or if funding
cannot be continued at a level sufficient to allow for the payment of the services covered here.
Termination must be by written or fax notice to the Grantee. The State is not obligated to pay for
any services that are provided after notice and effective date of termination. However,the Grantee
will be entitled to payment,determined on a pro rata basis,for services satisfactorily performed to
the extent that funds are available. The State will not be assessed any penalty if the grant contract
is terminated because of the decision of the Minnesota Legislature,or other funding source,not to
appropriate funds. The State must provide the Grantee notice of the lack of funding within a
reasonable time of the State receiving that notice.
14.3 Termination for Failure to Comply. The State may cancel this grant contract immediately if the
State finds that there has been a failure to comply with the provisions of this grant,that reasonable
progress has not been made or that the purpose for which the funds were granted have not been or
will not be fulfilled. The State may take action to protect the interests of the State of Minnesota,
including the refusal to disburse additional funds and requiring the return of all or part of the funds
already disbursed.
15 Data Disclosure
Under Minn. Stat. §270.66,and other applicable law,the Grantee consents to disclosure of its social
security number,federal employer tax identification number,and/or Minnesota tax identification
number,already provided to the State,to federal and state tax agencies and state personnel involved in
the payment of state obligations. These identification numbers may be used in the enforcement of
federal and state tax laws which could result in action requiring the Grantee to file state tax returns and
pay delinquent state tax liabilities,if any, or pay other state liabilities.
REST OF PAGE INTENTIONALLY LEFT BLANK
2005 Buffer Zone Protection Program(11105) Page 5
Grant Contract 2005-BZPP-00717
1. ENCUMBRANCE VERIFICATION 3. STATE AGENCY
Indnddual certifies that funds have been encumbered as
required by Minn.Stat.§§16A.15 and 16C.05. By:
(with delegated authority)
Signed: Title:
Date: Date:
Grant Contract No 2005-BZPP-00717-/2000-10681
2. GRANTEE
The Grantee certifies that the appropriate person(s)
have executed the grant contact on behalf of the Grantee as
required by applicable articles,bylmvs,resolutions,or ordinances.
By: Distribution:
DPS/FAS
Title: Grantee
State's Authorized Representative
Date:
By:
Title:
Date:
2005 Buffer Zone Protection Program(11/05) Page 6
ATTACHMENT A
�005- Sz a7/ 7 t
2005 BUFFER ZONE
PROTECTION GRANT PROGRAM
Must be submitted by close of business September 30, 2005
JurisdictionEden. ?rame'.Po6ce:Depafinent LV.
Contact Name DennJs, son.
Phone 952-949-6200;
Itfe ;r� r��_- _t.7 L �.' 4�, �5'�t'.7 .l�h .iL :I�'.ak�L'.. _
Address 8080 Vitchell -
"l.!rl.:l.. :."�'+ S!y i. 'r: 9 j ,4._�.�`'.'1` � v ♦ , :. i .I � =
City Eden,Praltie,3 r '= ',xr county Hennepin: ' :E r`s State: MN zip u;58344
p
Fax Number 952.94-M203 >
E-mail Address dpaErlsoii(a�ederiDraiiie.o�cl _.; 5,
Please enter the amount awarded to yourjurisdiction for
Award Amount this grant. Contact HSEM staff ff this amount is not known.
MAJOR OBJECTIVES-Please explain how the resources requested in this application wl—enhancl"-lour
jurisdiction's ability to prevent a terrorist act and be prepared to demonstrate how homeland.security will be
improved.Also,please indicate how the specific items requested support and are consistent with the overall
State Homeland Security Strategy.
_ tl I'J�� i ! ,•, l rtl.
ry f t 1 ?r -
.�
u '
I
Enhancing seciintyatthe cntical infrastructure identrfed iri oirr funsdictron ' 7
l a
• J t _-L .,tY7I 2
! I J.7^ r}}`t^..' I�t ,...1. „-71. 4t -[' ... .5 'I _ .- l .{., , ,Il. .t_... •7'T•.l
STATE STRATEGY LINK-Explain how resources requested support the overall State Homeland Security
Strategy.In addition, please reference the specific goals and objectives identified in the State Strategy that these
requested equipment needs address: (/ �;yy7
Goal Ten jObaechve B and or
i-
I_
t vs. r• '' 1t?..: r s.� 7' rl t --Y 1 .144 � 4-st._-c1 }: �:fv F.
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Page A-1
DPS[HSEM 2005 BZPP Grant Application
2DD5 Buffer Zone Protection Program Grant
EQUIPMENT WORKSHEET
Please use the highlighted fines below each category to indicate intended equipment purchases. If more fines are
required, use those provided on the"Addrl Eqpt Lines"tab.
UNIT PRICE SHOULD INCLUDE TAX AND SHIPPINGIHANDUNG EXPENSES
" DISCIPLINE AL.LDCATION: Please use the dmp-down Fist to indicate the allocated discipline for the units(QTY)to be purchased. For
example,if seven units are to be purchased for Hazardous Materials,select the HZ value. If more than one discipline is receiving
purchased units,specify the allocation using subsequent lines as shown in the example.
Nmipiine LE-Law EnfDrCerrkent FS-Fire service PS-Public Health
AbbtevalJD= EMS-Emarganq Mediiml SeMuz HZ-HmmAm s MaariaJs GA-GDvernmmtal Administra6m
EMA-Emergency Managarn trt PiN-Public Worn¢ HC-Health Care
PSC-Public Safely CDmmunirafD=
-ODP PROJECT: Please use the drop-down list to select the ODP Rm-defined project title for each equipment requested.
2. Ex Iosive Device Mitigation & Remediation E ui ment(State authorized Bomb Squads only)
Item Unit Price` QTY Total Disc' ODP Project Receiving Jurisdiction
4;j r :.>.1' �:`-k',.r,.n`-�i � � 3'�s_ �"�Jrii`•l.rt.,�,t.`��' �,�.
.:.,�_ •,r s-:r-= �c-s,'E�'��• 'a�5? '� i •l=. � �F;�iy-., �-�.,-fi� J
r <v'°•v� tit .'i.>ccr.� aw_r `S: -'�. `%= i-"'''-.`-6- '`rti:[ �`' Gy?.S•e+,gb'�.= '7 aC'riy'+;r5 t'J,'y'',tl i. ..
-es .w�.Q ��e�'•�;"s€i����=f�.�'v�3: •.�5t±-��u_�� ...� -yeti-It $ �;,:~, :>~�•��''�����a::��,:�_._a:':• .;i',E::� �•.,�,•,:�
' ,P. y: ::w�• �.-„ t•5�]' rr•
'}��1�i' "' ti-1'_r ,1.•,S•.,r"±-1 atie--���"'e`�' S ��rr �' CC r ���y � •'d_::��_n� r..ri�'�_-�t-`- •`r '"�'i-° ' � C1_�'i�.-f"�':
aai"+•rz_.�,��:.�r � r#� s+"�. id+-�.!�i_� _r,,.. :-,e._L,t:-.'-. •s.i e:, a=rs_
:;a x •- �' 1✓-•'�arM"";dr_-'i i,lr �•^^;5 �-o-. .'r,• " �' _ •,.�.�,. , r �� -Pin".A-14 '?= RR,
7-:r yr:>��•.nc.•_ �5L�r�-fs+-?r•��'e'I�':3TS'l".-"e'r �P<r'r.'.•P:,`�:1•�i•. !'S;.�. .P .r�f4A- �-'�i-_ .ta:v:zri�;3� .7���.{:'4S�.r .4 slh.:�eir�3:?:t•`�••5
$ ?�s,'{r. tea"r t] F+e� l�`;�:: a's r ki:y-]wy--� _ :i�s'i r r - u,, - L'*r.e+-;a. .X•- _„i.v= :•'s 2...�-iF'
_„�=.. ;:- �.��s��.��� ��i-'•� ��d•.rLcs,.-=:, ��.aV S r;�::.,.r r.�-�.�+..,�r-,-'-'�.��r"-,.���` eM�als•;;��rs'�-�.•`i.:z�'t:?'rb-d"s'•:':
=a�-..IrOCS:�:�kc'3' .J L;,J .,:;..•: �y. . L'y'7- irr5=5-'•rr f_ �"' _ R'k t'• �'.a`-_'i'. y�,wl• i5 i' -Yc.-� 't'. r�"
>�:�^=s��:�:•'�r��:_:�-'��'�"Ti=�iti+w�€'�i�r� �,>,•��_:x+t•��-'.,�'=3s $ itiN��' ;,:.. L�{SG:�• x�a��� ,�`',i:,-�asrti�k, ...,-•ii,
;��'' ¢-_ ,.;.• ,�'z. r� .+ .�;x�y.•t C..r--''. ,r. E:a='�, , ; Q ti,_w?,1`'�' �,�'+=�` o •.}r;: r{ `.�i�'-•i r K4x_r'-,.,�...�,.�r�'
...i�`�n .ri C3,cw.a�+... .x,C-e"= 37iY. Itt'. �w ,•P. •-•ar12 lT>.~ G�-� •P F� t"/r"-„i'�`.'t�.a'd'-4w, � 'J F'•::M�T?�-i�',t�P�f�.ti.-_�i�.
€r a - bst,: k � I . y uc 3' y JY iLlr•.• f, {� ''.
.-s. �,. G{ .K.X 4u.'«.:rf�'•L k�4 n:-?(. �=�'.•2�.°-r r+ Y"' ?]. '��,7', y�' _-+'�'t`Y 3 .F''rt ';��r`t•, ,f. - 1 e ''`i+','�'4 r'. ;.
•s I, � v' Pia r .' �d u..r,
w�•..a -, a.�.:,. .. -'- -p -cam
t..-ra• � •: _ E a .ea "w ,: 3 I" ,. r:
'$:is-,,. ,-�t1t,=�'.�.at $ !T{7�a't:.• `fi";r,,:€�?`-,-.s.='�• =F•,. .�`'.����!rtr:•Y;•e:'G��::•:.
}.-1 �.�%•1,+,-NL• „ Y ti�'7.1�!J'!:r- _ _..'2 r. .. Jam.. 3 .. .: Sw ysJ4.... .�,.�..-i.J„>•�i�[ GP-'. ,Y�i'�,p •�li'="= i
�;.� r? �d�'�s;;° J''� � °r: �1i';:�':'H•;ch p• ^)S'"f µ:Fr � ,, . +. q f� �.�u�, � !•.:1
r L"1i:.'+.e�-�P.`A•." �'a,.f_ :^i% �.. ,P.•�•i. .,_=,. *i r�T •P ,•.ti T r.p,?_ i7�.�_h-j 7• '_ti.c_iry7+H'F-.__ ..x-.�;;.�..�h._ii,....
q 3- }- 1*� _ �J r �.s Q3'1'1�. ".'-c"u-r, , .'AV,
's'#''�'.
.r+'.'S .wf.tr�..C'�=: ..-..a• ':l.•..^�=i �'s-; •A�'u:.�.i r.H. '§r,i::t:�7rti,i�•r': a_.. >.,=r_
. `x*.•-�,�`�� t=r' ice•- '"'a �A 3� ,: ^-�et:p�- aaa����7,' Q ':x�Z.-=' �,1�,i �.t-., '�"}-p 4 "�"i'!' ,y�^ �•,^:44"
�LJ,
�..ai.r:•a a�.'--.`a"L'-4.+Ic sr.:-�=,Y->-'.4,__ irh"Y:,,k•- •��3'.c. :,W_.m i W .r{;�'•,� _!� FL�Y F-,�I.�.! asLi C2•rW -'GC�CL�L i_ac
c��, ..: �;r��a+ t• ;�?� _ -RAM!
�s:r�:L.'�5 �-�_ :2= -ic �i• 'f.` .:,aa�-.r.�• =:rya;• $ 5;�,i .rw:i��,i�.c, 1fi+1`�.>i• .,�`?t,r
Sustainment Costs k �- zq'd''"` 2: - s t
Subtotal
S. Intero enable Communications Equipment
Item Unit Price` QTY Total Disc` ODP Project Receivinq Jurisdiction
Portabie`Pr?lii taiiios �:T fig:#s $i�'s 2,001;DD�tan.Sq.. $ 90,000 '-`'P•SW' C•r%Ei it lW stiii' Eden
'k � ..r,y, _ _ .. .r, .irr..;fr.
tr' R �tl in -3 `
Police F2aiito,Cogt nil 5tadori Rii':':i•. $_i, '[,6BD:DD )z•, $ 1,680 �P_S C_ri6cal,InEra'sfru Eden'f?ralne.':t?D
Fie,.- •Tt€-1-�•-?R'i'+.�.� .. a .y z _ �:iy iY- .-.•:W c,:;a i+•: ... ,r•K.'S'f,;,_ :..•., iA: v'La9
tnpffier;,ti lreci�onat ;�t ':� r r,2 f 2DD.AD t' $ 21,20D ;:PS z Cnrdal-rfMisfti Eden Prame:PD:i};� _ ;•
� � .�.J_!S':r.r-+.t��. '��'�+:,',�:k4ei±!w-.,-•��dy'3,r��'�Tir.
. ,�..,a-µ' `4i�';•`=�`+•' `55:; `+6di--_ sa�`1
��,Lr $ ,,o.:. �._.. yr r�•' '.t;'._•-',•, wrs rzs-4
=s:�ag��'7'i's<r� ''�.-.r€'.'��_••,c•,��a`-fi�:c�'r!r' .��:-X.,�i..;ti -� �`;r'".F,+��;` YI` .,�>�°';�i: -�:',`i�•'.�7�,+?
Y 1Rj ca '�", ' a :�,'�':t-�..#a- sir rv+,• :a,-:rC _ r+ V• a:t�'•u'.' -*t r`Ui:t �.�,;tav':3 9 ti"` -tFi `ljvi rc trs.
_._:��--; "'�_yy.;)•�t�':.a::r'-�::r-r.F�'�•i-��,_.-Fi r'�:`'t.nita`..�'`:�• r'_�i�. $ :='�a'�s ..�-�f.s„F�r�?��_-d: .a.:+:. r.`�;(r,,•�tr�, i1�s.rr,�:�t;,?.
SL_�:v -- 1'i?+3}.r'.' ._•....•`'1 a .,.i -.1�__, x'.'3a" '4' � .:te r.rya.i','.r.t.s'j Gtr. '+ 1.r 'r""rs< ,o.
tei�•=r'i.�.ri!r�'-_`a%.-r{:ti r.vi�7�:.'y.-•-=J!a��;,:±4 a.';3F+.i�.J.s::•s��u..irn�' ���'i's $ - '''E.��. ir.�..~.��'ir!-�'-'.•a�.•c�'+1•.i i:_`,. '�r. ��ui* ,f':'k:.�;oR•h'a.
•d"'tNs" 7Xi,,, t �.t s� f• "'•i..-5ic'. '47 _ .�rL w ;AK'ki?.� ti,•:•' - y'a:at3* +vr •gia;xl� r; .
-.^ ._.. t:Y. 7,i, .•. �., -5,�:1.+e $. ;-•='' 1 ;. $ r1t•'S�• S.e.,.rrlr.i "�it-r'e �'�' i_•:c7:. ...s .�.wtnk- -
,�_: ct�ray-�s:�' t'k' ^''r,,..f r'} 'el•,rvv.' Qrz?ct;:.-}a.Jµ,,�' Q• 4I' W�y�`ra�-} d.;.i k; a..;y"tin.. '-"-rk`_:'�'•rY t L
-".�+. r•c',f.:�. i -r✓=iti��=:- '�.'-i',.oT W�',:7r!Y�tr•rr-i: W - iJ}�_ �"�:: 'r-�y3ril a +7b'= A,<C,'Ii7� rL 'j•�.
,�•, t,r•4(�„'aJS-c,., .may- _- t Cry 1{'L_ i �us9f +!•4.yr-,1 1i i E,.��ti tt,r ..,'` 'Tt'1,'Yn7,r `Lam- 4'r `4'L;F"��"'•Fs�s yaaa�.�c'�.'Yi�"a:i=:=�d� r�a� "y. .`W.�S �•C'`,i. �r_�+i:t;�en' � l3.RT s.'SI��.=aJQ�-cC�:Y-. .a�7 S-Y.�•.-�,._. 4`f
L-��.• '." a -u�yf.•. t- :.i u}' '!- .;'.;::` S Y; r.. e� •.>a�- �`.w'- {f'- '2 ,fit r..;,i•�, �-,R
.a�:�cfs'�� ,-1-�i..�=.*+r�ir� !C.',�ti. '���:�?+..itn.:.•:,�� c�...'"_-2' W '�`�'"P:°�•���r, s+..%r•!r� i�'sr� �>.�._.X4 �K'�.�4r'a
�a'--'!'r3 �^r.�,r�e?'�'Tr'r'':-rCl''•' ,'�•"•c.-"d-,il'-!fir 4:.T. '[`�S•.^_e•. .e _ i,t`.e"y�fy '_� �ti +-c ,,f,�. r, s`.. s.`i��' �.J�•i:5.•�L'� 4_•;
�'4��'�`'fi�r�.'E`�S`,»igst.,�t ,:`�:��et...a�,�7; :cJ+.��'i,r'�-�i z�i35:• $• ,:.*•-.. »,t � Y'" r.!c'i,•o-.;� �_T'�#-+•-a.:.',Rr.�•�`LS=`
SustainmentCosts
•,�.,.-�:'�r�'' P" yr-". � y�Y 4r �-a��� �`'i�t+�'.`v'sc� Frf�.::�-;"' sy. � ,��a•r'.d
Subtotal $ 32,880
7. Detection Equipment
Item Unit Price` QTY Total Disc` ODP Project Receiving Jurisdiction
+...t Zvi-';j�� - ''S',:`;airy�. :c.- .f�a.i,s,sc:.."�..� r'•a':::� - ,+':ta.� 6 "A::�'a.s'==y�� .,'4 G'�FV:- a7 C�=_ Wit.
_-s`�-_.•�,�."�z _ - � 99 �' �3,. 1 t,.:-� >-.._.� p _ �:�-. �.4'.�1.,j,�..•.��a.. `;'- }�'it'3 r��:+':•:e y'v"`�,�.._
�hv viE „u'.-��".' -.:I, �:Itia�� '$: �,.1 r+r=c -�-'z- •P .i:_.,>-s t•.ns>v�:zN :,_'r+__7?_.ra;;.,+TAG.YW";'.s+1;i+i�y.:m:
FL--.'}2,31`S}-' _}� "!s _-4��,,y,:'r..y.'•.ri r J-1 rtr `'.:� ',_!•yi Fia� u -],� :,7.'t. r:,'�-1..! µ.•''-3+ -'�
>_>_"••c.�,�.•�ic;, etS.r-�.4b�1.•n+.^f_i.7'•z'. S :CH.,?. -�•1�ti1 z � �`�^:'� •:`sr9v%- �s:iSe`:tii� riJ� r �'
l-'i :,,�rix r• +z:.y 't ! 'J�" `.k -L a:.rJti 1' b ::1'Jy' �.. - Jr«41:
;�_ -_"F`-�kl�?�1F:i-,•'f':.•,1'��s 7.['rz-i:;�':�.'_ �r ,s s';-:,�,,:' � - a�_t� G"i rs�sr �t ��'rr�1 ',
'.:r=i�:�<=-',?;,L,r a.,f.__f •t x"M1.r-e i , rrr. r r, yt _ ,il, 7rt'^. "• r. ,,," 1�, •c- ceF a
�7 -4�'"'-- •_..r;'>�?, r: r'.` - �.r�. i .�-'• 3`•`rn�,� .�'+e�=rf. :is�ct.?t!:?i:?i.,«,.�.7' i..t_�F:�:.
i. - _---Y s-r'-i r S. jai r _-r _,Ir.+tie_:cr._-. - �",{ Fri- p-! :•i
e i 5 i 1�. q.. k�-a E. f 1•.4'.i,�• J'w.,rl ll
r'�J•;F r -35: .r IS,}" ,N: _,. -c` o �i..
1.fn
-^.-� *c''" ,r1i„arr-P- ~' '1 $� ..�. r':v. '�;F:,y ,1'J-?z -'c •�; - •�r� C. wiry:
$
2D05 Buffer Zone Protection Program Grant
m;
$ �N& J -4
V
$
$
"4-P
$ !' $: ,. .
Sustairiment Cosft $
Subtotal
14. Phnical Secunty Enhancement Equip ent
Item Unit Price* MY Total I Disc* DDP Project Receiving Jurisdiction
qp;rV
Oj'bf EP:Genter and " t ' -- -j-- Lj,-
'ZI_"L' �,I_
SVVltllnIt:4ZY — , N . w . "
_ PD Me
e,' -7,
$-,:.3:606A')b $ 3,DDO CriticalR64 Ed6J5 Pralne _j
;1-150-DD 5. $ 5.750 'LE;41 Critical lhftasti Eden{'Wri&
40; &M F 7
$
$
$
14 $
"4 $:
$
$
14
$ $
$
o
$
$
$
$ $
Y, 11
$
$ !�Y
,Sustainment Costs
subtotal
15. Inskeption and Screening S stems
Item Unit Price* QTY Total Disc* ODP Pro ect Receiving Jurisdiction
s'
�
$ J
$ $
$
$$
.4$ $$
g
ZWR $� $
Sustainment Costs
$ 'Mv
Subtotal
FT-Opment Amount Requested Is Y& -37
Page A-3
2005 Suffer.Zone Protection Program Grant
EQUIPMENT WORKSHEET (Additional Lines)
Please use the highlighted lines below to indicate intended equipment purchases in cases where there were'too few tines under the
main category listing on the Equipment tab. Use the drop-down list under the Category column to indicate-the appropriate equipment
category for each item to be purchased, Refer to the Equipment tab for the appropriate category "number".
* UNIT PRICE SHOULD INCLUDE TAX AND SHIPPING/HANDLING EXPENSES
DISCIPLINE ALLOCATION: Pleaw use the drop-down list to indicate the allocated discipline for'the units (QTY) to be purchased. For example, it seven units
are to be purchased for Hazardous Materials, select the HZ value. If more than one.discipline is receiving purchased units, specify the allocation using
subsequent lines as shown in the example.
Discipline LE-Law Enforcement FS-Fire Service PS-Public Health
Abbr,: EMS-Emergency Medical Services HZ-Hazardous Materials 'GA-Governmental Administrative
EMA-Emergency Management PW-Public Works HC-Health Care
PSC-Public Safety Communications
ADDITIONAL EQUIPMENT LINES
Category Equipment Unit Price* QTY Total Discipline" ODP Project Receiving Jurisdiction
i?;, r,rf -t'Y`1,• l E,,"ir,fF i,751;xi;'c: d S' ;:4�it iLi G Igo v h7jC rdq.r1- r:, `•il:fl , 'J '�1c, T^ _ r ;,e T�7'• S-•+.r:r ,--w - -
�4fi. ,>il�/:�e'w��•'��y.:S�JY�I��"` �P I('' ,, al
I. �•�?�'m:� i�' '
� �iX i:l' 'Rrc m ,Iwl
'- fair e., �.• ,+�,"
g �tsion monocles:;.from_AEL _ �t•4$rr } ;�2,;r,' i1 criilr `iat�ae tur�ni"c� l.Etlr� k?D 6
' - '•}i 4 .I�," •:$.��I.Pc+�E"�,'!$-'?� tr r fk��::�ro'i: .hk�E d�r fC S4 [ 7S:1w, J ltd d-• 1:S 1�7y��1 ire'' ^� I` �
-r.�.[rwl.,l,r-. _ �:LF7._�x,?:3}dl}yt;.r;�r't - :'$„c' d' .dk::l'3:u,q:-''+'T'�y "rr%;; a'X7 F" �" ,r. •ry + r k'- .dJr.3• ti
$ 6,::€ li �i'trs.' *t.. � t� auL4y�6�krf lNJCt.a?R , ..� , � ki7,[wrar .
f.v-K::i! t.N rF1•Vc:r�7r.i�','�..,}:' R:;j;: d:.'... IC � I�Ii �:1t�{:4Sr.-h'.u�akl' •;st.T t�.'F•�IJ2'S�[E ylN�'1ff 1r,: r^�a.lt..
•� P `Fr K. li- _j•� hl IT'S yr'
7 -
.ti [r +, -•�•: ti.. ...r_ w; �nk.Cll: _ n7 r1-,;,q �+x �4:c. J_7;r,.,c:_M:7;;+ ;r. a r+"ice• `•r� '�,
-,^r.. $ ',�. }R.
r .r ,,l°!t rldrA Pd.dj�73', rt J.»F•kyYu•. �rb.f"."a'Lj7.S.. �;. 'y 1�•,"h[r c' '4g ';xr i,�, .q��'I w, '.µA, cq .. .. - -
$ r"t,.l l'N' 1 71J: il:.. .`-1 Ji��O'-Lj {Y '�.FC' !r., r '•1•' M T
' -- - $ 'fE.J _ . �.`!?iwrt),''t�r;� +�'.<�GVk`�sl r 7�e"J;:�rir�'g'�Lro�arz�6�i>,'1!�rb�ra�s,;�
ti •,i rl, n 'J,r"t�l ar'- f c r+r� r" •�r-'' u•J}�•r rr .
`�•-cA�. ! -,L r.$.Ti�s".,.�J. + 'YL'trr'' ,_"��'r,.,t.yr :rd'iY�il Jr'- d�'rr.r..>rr,-%„4�J ntl, /�Y„•S-,yl�u „l,µrr>;.,r7.r,:}5'�[I F I- I1.,.,r� f, {� .I'ta
$ -h 1 71,�•`I�"L'P.9; H. �WI0.111',�^'71,wh"in 1 Ht ire(r X'�+:Ill��ty'`1��4'"i'�J'te rf'l��t`y ,.t�'7�II�+�FI�i
` j .�1.+...
[ }, r '[.•.:�+; -9, f {y t 7z`.i•;` $ r7. li� '�'t' } ,+� �1�.,•• .?d 4 .IC ;11.`-°a !1 .1•C4k,t�r9.6`7L•:a ?xQ.i-''' .
#L4'ih4 7, e I(� =•I�rhJ Jr� r �1�4 n'1 rr 11 ,=�c I t s r,;'r T;
��ti,ifd 'ai pr{N. .M� wa.wJ.k��?i �✓h.k�u ,Yt"43J I�., :iPF'�I.Sl�I r,rrl• +1^^i�PA,I n.iC.0
2 _ �, r 9i•lF r41.7 r,y-,-,u_i:�. �-r IS Jr 1'.• n Iv I J+."Y' I
- Y {h!� cti,;� k•r .a.� t.+r_y rrkru,5� �,.•1'ksr ,sa4�Enr tl' ., bfnit r
,» a ,>r.- - ,, w,,,� ,.,,�. •I•:-r .Er•-.-
'Y �4�"Z4N r''+:••. F ,.! r li: �.I.. } 'i.^..i �'4' r. '? ,r r r. 1[' t•
_ \ $ I TS c - "�'r r c..7.-�.,_�
$ :r'II+F'1,t}. Yt� .-ir�4. J�., Ilk ,r.,: a",.1�' tJ"JJf4M;,��{:.1`,'t�g••5 r �'r'++6�ri�'3)�fi.`jf
r i i "(5 r.+ _ .fir �J;!:�`.,,tiv; '.'L.rj �:.-''-6yr�«•ri`Iti _,lj,lwl,,:..,u1s: :F•. $ ;t"n YGr -eJ�r iTt_•. rN•,n,,.e5�4• r.lP• d 'FJ, } 6 ' Rri 1
1rG'° �4��llt) KhF et�ktisi,r• 4r£rr.'
M1 t 1 L $ , _ — i V 4X.rN ]r L'r'R .. •}'`.
rr°P 1[r:��.�• •�t a.PJ7iJ.4ry „;I.91r:> 5 ra+ 'h [f I` y r., sx
'
$ •r�=rL�+'
+1' !J:1�11.t...Yf rr. 5.��P'4'-'f'�;i�'.f1'(.{ril"ub.•[J.t4A r`r'1!11�'= '�ti,,�ry•'�t :4�,'
!° -c.• ,,,rl :�:; $ ;�I:���tlt}Yu^},k;a'_r:"�:'jJa:':c `•I';!'alir,}rr ccis-, tJH',��r'=`:,u, d.}F^d�-,ram >IN' - �t .4hijS��".'q;�`.Cd; ]r
r�'t..��r„�;'ir�;�.;•".I.Ir.\� $
<" ad1:-7;• -•,✓r,i,l i}�•�`•I:r it IwT''.. I t_�r 4 ,1 I• r
$
-I. 15-'...Irt- T' .� •^Mt I y• r .4.
c , _ F,_[': '.ril i''ti:;i;•nf_J' j, y�118' r c .1- - _ r^[.r3'1•�k cS•tl;'' ..t4�L.r;` 3ric� 7� .� ;•J�f k^'�k14F� �'� �. �'MA,cM. r_>:II1 trttSef
$ ..7', r,,,,ec I t, "v� ',�. 3=Jr� �F` BI :fln.'r•'fh4Yw
r_717 �':' v$`.+f r u = $ - .c a ur:_.-
- ��!�mt:;•._ �i'I. .,.�'-��� .i�:n�'?,:._ �� 3� ;7.-t...r,.:,,�@.S Ir!',t:�=n•t" �•�r''kl,.-r�•.
q� _ y;Pa; '1. f,�!'l.iR i -'�•i.>�9`-.-".^'_w ids+".,I ia� ' I Nb r�`'SaI Jr,��. •+'S='R" !may 7�_,a,.T.... i "• .y "_!_�_I'. !�: + 1_ .•R f .?I. lr..lJ.utlIIT...t,� AG. �.+-r �nir�rh t'
,�i 5 r1 ..rr., -ys [r*_- •.a._ YU...H. •+'ap i-�°:r },_ ',1°. 'R'L°.%�' R a r.lc.r •.;�. rvy rn I 7" -a; r. Ir
_• _ ��r_.,; $
Subtotal of Additional Items g
-7 so
DPS/HSEM 2095 Homeland Security Grant v„„„[7 A.r.it,l., 1 ,
2006 BUFFER ZONE PROTECTION PROGRAM GRANT
MANAGEMENT & ADMINISTRATIVE BUDGET WORKSHEET
Name of Jurisdiction: 0
ALLOWABLE MANAGEMENT AND ADMINISTRATIVE COSTS
No more than 2.5% of the total amount allocated may be used for management and administrative (M&A) purposes. With an award amount of
$0, the maximum Management and Administrative amount is $0
Current expenditures listed sum to $0, so the'current! available M&A amount is $0
BUDGET
•Number of people, hours expended, and average hourly pay rate should be used to approximate total cost
Select the'Dlsci line for which the M&A Is intended. If multiple disci lines assi n to one re IvIng greatest$
Expense Category Number* Hours* Avg. Rate* Cost Disc** Jurisdiction Receiving
Hiring of full- or part-time staff $ - $ -
Contractors/Consultants. $ - $ -
Hiring of full- or part-time staff $ - $ -
Contractors/Consultants $ - $ -
Contractors/Consultants $ - . $ _
Development of operating plans for information collection and processing $ -
Travei expenses $ _
Meeting-related expenses $ _
Ac uisition of authorized office equipment $ -
Recurring Equipment Fees/Charges $ -
Space Rental/Leasing for newly hired personnel to administer programs within $ -
105 HSGP.
)TAL MANAGEMENT & ADMINISTRATIVE AMOUNT -
►d
c�
DPS/HSEM 2005 Homeland Security Grants Page F-1
Grant Contract 4 2005-BZPP-00717
ATTACHMENT B
FEDERAL AUDIT REQUIREMENTS
1. For subrecipients that are state or local governments.non-profit organizations,or Indian tribes
If the grantee expends total federal assistance of$500,000 or more per year, the grantee agrees to obtain
either a single audit or a program-specific audit made for the fiscal year in accordance with the terms of the
Single Audit Act Amendments of 1996.
Audits shall be made annually unless the state or local government has,by January 1, 1987,a constitutional
or statutory requirement for less frequent audits. For those governments,the federal cognizant agency shall
permit biennial audits, covering both years, if the government so requests. It shall also honor requests for
biennial audits by governments that have an administrative policy calling for audits less frequent than
annual,but only audits prior to 1987 or administrative policies in place prior to January 1, 1987.
For subrecipients that are institutions of higher education or hospitals
If the grantee expends total direct and indirect federal assistance of$500,000 or more per year, the grantee
agrees to obtain a financial and compliance audit made in accordance with OMB Circular A-110
"Requirements for Grants and Agreements with Universities, Hospitals and Other Nonprofit
Organizations"as applicable. The audit shall cover either the entire organization or all federal funds of the
organization.
The audit must determine whether the subrecipient spent federal assistance funds in accordance with
applicable laws and regulations.
2. The audit shall be made by,an independent auditor. An independent auditor is a state or local government
auditor or a public accountant who meets the independence standards specified in the General Accounting
Office's"Standards for Audit of Governmental Organizations,Programs,Activities,and Functions."
3. The audit report shall state that the audit was performed in accordance with the provisions of OMB Circular
A-133 (or A-110 as applicable).
The reporting requirements for audit reports shall be in accordance with the American Institute of Certified
Public Accounts' (AICPA) audit guide, "Audits of State and Local Governmental Units," issued in 1986.
The federal government has approved the use of the audit guide.
In addition to the audit report, the recipient shall provide comments on the findings and recommendations
in the report, including a plan for corrective action taken or planned and comments on the status of
corrective action taken on prior findings. If corrective action is not necessary, a statement describing the
reason it is not should accompany the audit report.
4. The grantee agrees that the antor,the Legislative Auditor the State Auditor, and an independent auditor
gT gT bn' Y P
designated by the grantor shall have such access to grantee's records and financial statements as may be
necessary for the grantor to comply with the Single Audit Act Amendments of 1996 and OMB Circular
A-133.
5. Grantees of federal financial assistance from subrecipients are also required to comply with the Single
Audit Act and OMB Circular A-133.
2005 Buffer Zone Protection Program(10/05) Page B-1
Grant Contract 4 2005-BZPP-00717
6. The Statement of Expenditures form can be used for the schedule of federal assistance.
7. The grantee agrees to retain documentation to support the schedule of federal assistance for at least four
years.
8. Required audit reports must be filed with the State Auditor's Office, Single Audit Division,and with
federal and state agencies providing federal assistance, within nine months of the grantee's fiscal
year end.
OMB Circular A-133 requires recipients of more than $500,000 in federal funds to submit one copy of the
audit report within 30 days after issuance to the central clearinghouse at the following address:
Bureau of the Census
Data Preparation Division
1201 East 10th Street
Jeffersonville, Indiana 47132
Attn: Single Audit Clearinghouse
The Department of Public Safety's audit report should be addressed to:
Minnesota Department of Public Safety
Office of Fiscal and Administrative Services
444 Cedar Street
Suite 126, Town Square
St. Paul,MN 55101-5126
2005 Buffer Zone Protection Program(10105) Page B-2
Grant Contract#2005-BZPP-00717
ATTACHMENT C
FEDERAL ASSURANCES
The Applicant hereby assures and certifies compliance with all Federal statutes,regulations,policies,guidelines
and requirements,including OMB Circulars No.A-21,A-110,A-122,A-128,A-87;E.O. 12372 and Uniform
Administrative Requirements for Grants and Cooperative Agreements 28 CFR,Part 66,Common rule,that
govern the application,acceptance and use of Federal funds for this federally-assisted project. Also the
Applicant assures and certifies that:
1. It possesses legal authority to apply for the grant;that a resolution,motion or similar action has been duly
adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application,
including all understandings and assurances contained therein,and directing and authorizing the person
identified as the official representative of the applicant to act in connection with the application and to provide
such additional information maybe required.
2. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property
Acquisitions Act of 1970(P.L. 91-646)which provides for fair and equitable treatment of persons displaced as
a result of Federal and federally-assisted programs.
3. It will comply with provisions of Federal law which limit certain political activities of employees of a State
or local unit of government whose principal employment is in connection with an activity financed in whole or
in part by Federal grants(5 USC 1501,et seq.).
4. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards
Act.
5. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the
appearance of being motivated by a desire for private gain for themselves or others,particularly those with
whom they have family,business,or other ties.
6. It will give the sponsoring agency or the Comptroller General,through any authorized representative,access
to and the right to examine all records,books,papers,or documents related to the grant.
7. It will comply with all requirements imposed by the Federal sponsoring agency concerning special
requirements of law,program requirements,and other administrative requirements.
8. It will insure that the facilities under its ownership,lease or supervision which shall be utilized in the
accomplishment of the project are not listed on the Environmental Protection Agency's(EPA)list of
Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication
from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is
under consideration for listing by the EPA.
9. It will comply with the flood insurance purchase requirements of Section 102(a)of the Flood Disaster
Protection Act of 1973,Public Law 93-234, 87 Stat. 975,approved December 31, 1976,Section 102(a)
requires,on and after March 2, 1975,the purchase of flood insurance in communities where such insurance
is available as a condition for the receipt of any Federal financial assistance for construction or acquisition
purposes for use in any area that has been identified by the Secretary of the Department of Housing and
Urban Development as an area having special flood hazards. The phrase "Federal financial assistance"
2005 Buffer Zone Protection Program(10105) Page C-1
Grant Contract#2005-BZPP-00717
includes any form of loan,grant, guaranty,insurance payment,rebate,subsidy,disaster assistance loan or
grant,or any other form of direct or indirect Federal assistance.
10. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic
Preservation Act of 1966 as amended(16 USC 470),Executive Order 11593,and the Archeological and
Historical Preservation Act of 1966 (16 USC 569a-1 et seq.)by(a)consulting with the State Historic
Preservation Officer on the conduct of Investigations,as necessary,to identify properties listed in or
eligible for inclusion in the National Register of Historic Places that are subject to adverse effects(see 36
CFR Part 800.8)by the activity,and notifying the Federal grantor agency of the existence of any such
properties and by(b)complying with all requirements established by the Federal grantor agency to avoid or
mitigate adverse effects upon such properties.
11. It will comply,and assure the compliance of all its sub-grantees and contractors,with the applicable
provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968,as amended,the Juvenile
Justice and Delinquency Prevention Act,or the Victims of Crime Act,as appropriate;the provisions of the
current edition of the Office of Justice Programs Financial and Administrative Guide for Grants,M7100.1;
and all other applicable Federal laws,orders,circulars, or regulations.
12. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements including
Part 18,Administrative Review Procedure;Part 20, Criminal Justice Information Systems;Part 22,
Confidentiality of Identifiable Research and Statistical Information;Part 23, Criminal Intelligence Systems
Operating Policies;Part 30, Intergovernmental Review of Department of Justice Programs and Activities;
Part 42,Nondiscrimination/Equal Employment Opportunity Policies and Procedures;Part 61,Procedures
for Implementing the National Environmental Policy Act;Part 63,Floodplain Management and Wetland
Protection Procedures;and Federal laws or regulations applicable to Federal Assistance Programs.
13. It will comply,and all its contractors will comply,with the non-discrimination requirements of the
Omnibus Crime Control and Safe Streets Act of 1968,as amended,42 USC 3789(d),or Victims of Crime
Act(as appropriate);Title VI of the Civil Rights Act of 1964,as amended; Section 504 of the
Rehabilitation Act of 1973,as amended; Subtitle A,Title II of the Americans with Disabilities Act(ADA)
(1990);Title IX of the Education Amendments of 1972;the Age Discrimination Act of 1975;Department
of Justice Non-Discrimination Regulations,28 CFR Part 42, Subparts C,D,E,and G;and Department of
Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39.
14. In the event a Federal or State court or Federal or State administrative agency makes a finding of
discrimination after a due process hearing on the grounds of race,color,religion,national origin,sex,or
disability against a recipient of funds,the recipient will forward a copy of the finding to the Office for Civil
Rights,Office of Justice Programs.
15. It will provide an Equal Employment Opportunity Program if required to maintain one,where the
application is for$500,000 or more.
16. It will comply with the provisions of the Coastal Barrier Resources Act(P.L. 97-348)dated October 19,
1982(16 USC 3501 et seq.)which prohibits the expenditure of most new Federal funds within the units of
the Coastal Barrier Resources System.
2005 Buffer Zone Protection Program(10/05) Page C-2
Grant Contract#2005-BZPP-00717
ATTACHMENT D
CERTIFICATION REGARDING LOBBYING
For State of Minnesota Contracts and Grants over$100,000
The undersigned certifies, to the best of his or her knowledge and belief that:
(1)No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to
any person for influencing or attempting to influence an officer or employee of any agency,a member of
Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the
awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering
into of any cooperative agreement, and the extension,continuation,renewal,amendment,or modification of any
Federal contract, grant,loan,or cooperative agreement.
(2)If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency,A Member of Congress,an officer
or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract,
grant, loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL,
Disclosure Form to Report Lobbying in accordance with its-instructions.
(3
)The undersign require that the language ed shall re of this certification be included in the award
documents for all subawards at all tiers(including subcontracts,subgrants,and contracts under grants,loans and
cooperative agreements)and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject
to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure.
Organization Name
Name and Title of Official Signing for Organization
By:
Signature of Official
Date
2005 Buffer Zone Protection Program(10/05) Page D-I
� x
Memorandum
To: Michael Vincent,LandGeeks LLC
From: Leslie A. Stovring,Environmental Coordinator 1
Date: January 27,2006
Re: Cash Escrow Status
The following items were considered during evaluation of the requirement for a Cash Escrow for
the remainder of the project term.
Wetland and Wetland Buffer Strip — Impacts to the wetland and wetland buffer areas on the
project site were identified during 2005. This included invasive species encroachment, missing
monuments, installation of sod within the conservation easement and lack of native vegetation.
Continued monitoring and maintenance of the wetland and wetland buffer strip is required.
Wetland monuments that are missing or damaged must be replaced as needed during this time.
Wetland Mitigation — The wetland mitigation activities completed in 2005 included grading,
seeding and planting within the wetland mitigation area. Herbicide treatment for invasive
species such as reed canary grass and cattails was also completed only within the wetland
mitigation area. Future requirements will include continued vegetation management and
invasive species treatment. Regrading may potentially be required if wetland conditions do not
successfully establish.
Wetland Bond — Some of the work items required in the Wetland Plan have been completed,
however there are a number of new and continuing issues which are outstanding, including
restoration of conservation easement areas and treatment for invasive species in the wetland and
wetland buffer. Although we have asked for updated cost estimates or proposals from each of
your contractors and consultants, this has not been provided. As a result, the Wetland Bond
requirement in the table below was estimated based on information and cost estimates provided
by your consultants as well as previous experience with similar projects. The Wetland Bond
must be one-half (1 %2) times the amount estimated as the cost of completing these project
requirements.
The Wetland Bond was extended to include the wetland mitigation requirements as stated within
the Agreement signed February 7, 2005. This included maintenance, repairs, reconstruction and
replacement of any replacement wetland requirements established by the Riley-Purgatory-Bluff
Creek Watershed District.
The following components were used to calculate the Wetland Bond requirement. Based on the
information below, no reduction of the cash escrow is warranted at this time.
Pond's Edge Development
January 27, 2006
Cash Escrow Reduction Request
Page 2 of 2
Wetland Plan or Wetland Mitigation Cost per Year Total
Requirement or Cost Multiplier Cost
Per Item
Wetland Buffer-Initial Invasive Species/ $1,200
Herbicide Treatment(for wetland buffer treatment (for 2006) $1,200 1.5 $1,800
not completed in 2005).
Buffer Restoration for areas impacted by lack of
growth, invasive species and/or for restoration of $6,000 $6,000 1.5 $9,000
areas previously sodded.
Shrub and Tree replacement as identified in
approved plans(based on estimate provided $3,300 $3,300 1.5 $4,950
January 20,2006
Wetland/Wetland Buffer/Wetland Mitigation $1,500/year
site Maintenance(herbicide, invasive species (2007—2009) $4,500 1.5 $6,750
removal,reseeding, or other activities). estimated)
Monument purchase and installation as needed for 12 monuments $1,200 1.5 $1,800
replacement of missing or damaged monuments. at$100/each
Annual report preparation and project $3,150/year
administration for two years for Wetland Plan and (2006—2008 $9,450 1.5 $14,175
Wetland Mitigation. estimated)
Annual report and project administration for $3,150/year
Wetland Mitigation Monitoring submittal (2009 estimated) $3,150 1.5 $4,725
requirements(and Wetland Plan as needed).
TOTAL BOND REQUIRED $43,200
Release of the cash escrow is conditioned on complete and satisfactory implementation of the
approved Wetland Mitigation Plan Wetland Plan and Vegetation Management Plan outlined in
pP g g g
the Developer's Agreement dated February 2, 2004 and the Agreement dated February 7, 2005.
A final inspection of the mitigation site, wetland and wetland buffer strip by the City will be
required prior to release of the cash escrow.
The City estimates that construction within the Ponds Edge development will be complete in
2006. If construction extends beyond 2006 this would require that the Wetland Bond be held for
a longer period of time. It is anticipated that the wetland mitigation requirements will be
completed after the five-year monitoring and maintenance required by the Wetland Conservation
Act is complete. This would be in 2009 or 2010 and is subject to approval by the Riley-
Purgatory-Bluff Creek Watershed District.
Action items that were scheduled for completion in 2005 must be completed by June 30, 2006 or
the City of Eden Prairie will act upon the cash escrow to ensure completion of these items.
Future requests for Wetland Bond / Cash Escrow reductions must include cost estimates,
invoices or proposals from all contractors and/or consultants needed to complete the project.
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar February 7,2006
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VI.F.
Office of City Manager Approve Software Product License Agreement
Lisa Wu, IT Manager with Virchow Krause for the purchase and
Kathleen Porta, City Clerk implementation of an Enterprise Document
Management System
Requested Action
Move to: Approve Software Product License Agreement with Virchow Krause for the purchase
and implementation of an Enterprise Document Management System(Alpha Corp.product of
SIRE) for the total amount of$49,995.
Synopsis
The Enterprise Document Management System will allow the City to electronically manage
documents,use workflow to automate current manual processes and to provide access to public
documents via the web. The city-wide implementation will be done in phases beginning with the
Police Department.
Background
A task force was formed in January 2005 with representatives from all departments,needs
assessments and workflows were done, surveys were conducted with other MN cities, an RFQ
was published and sent out to over 30 vendors with 21 responses, 9 vendors were selected for
demonstrations, 3 vendors were chosen for final demonstrations, reference calls and three site
visits were made.
Virchow Krause offered the best pricing and committed to a successful implementation in Eden
Prairie. Funding for an Enterprise Document Management System has been budgeted in the CIP
Budget.
Attachments
Software Product License Agreement
Price List from Virchow,Krause&Company,LLP
SOFTWARE PRODUCT LICENSE AGREEMENT
This Agreement,effective as of this day of ,20^,between A1phaCorp,(hereinafter
referred to as"Licensor")and the City of Eden Prairie,Minnesota, (hereinafter referred to as"Licensee").
RECTIALS
WHEREAS,Licensor has prepared and will prepare certain computer software programs;and holds proprietary rights in
certain computer software programs;and
WHEREAS,Licensee is desirous of using said computer software programs,subject to the restrictions and limitations set
forth herein,
NOW,THEREFORE,in consideration of the covenants and conditions set forth below,the parties hereto agree as
follows:
1. GRANT OF LICENSE
a. Licensor,and/or third party supplier,owns the copyright and/or certain proprietary information protectable by law
in the Software Product.
b. Licensor grants Licensee a non-exclusive,non-transferable license to use each Software Product(s),or portions
thereof, in Object Code form only,on the Designated CPU. A separate license agreement is required for each
Designated CPU. Nothing in this Agreement is intended to transfer to Licensee any rights in said Software
Product,except for the right to use as set forth herein. SIRE Solution Suite Software:Concurrent Client Licenses
with user Server Component software;SIRE Batch Scan Software,and any other SIRE software modules such as
WorkFlow,Retention Manager,Task Manager,Agenda Plus,and/or SIRE customized interfaces.
2. CONSIDERATION As consideration for the license of the Software Product granted in Article 1,Licensee shall pay
Virchow,Krause&Company,LLP the License Fee set forth in the Purchase Agreement within thirty days of delivery
of the Software Product. Services will be billed as they are rendered. Support Terms are as defined in the Software
Maintenance Agreement.
3. TERM OF AGREEMENT The term of this Agreement shall commence upon the execution of this Agreement and
may be terminated by either the Licensor or Licensee upon 30 days written notice. Upon termination,Licensee shall
immediately return the Software Product and all copies thereof to Licensor,and within five(5)days of termination,
Licensee shall deliver a written certification to Licensor certifying that it no longer has custody of any copies of the
Software Product. In no event shall any action or inaction by Licensor or Licensee constitute a waiver of any rights or
remedies provided by law.
4. TITLE The original and any copies of the Software Product,in whole or part,including Licensor-supplies translations,
compilations,partial copies,modifications and updates,are the property of Licensor(or with regard to third party
software,the property of the third party).
5. DEFAULT In the event that Licensee or Licensor fails to observe or perform any provisions of this Agreement,and if
such default is not cured within thirty(30)days after Licensee of Licensor gives the other party written notice thereof,
the party not in default may terminate this Agreement upon written notification to the defaulting party. In no event
shall an action or inaction by Licensor or Licensee constitute a waiver of any rights or remedies provided by law.
6. COPYING THE SOFTWARE Licensee may make copies of the Software Product in Object Code form only solely
for use by Licensee for backup or archival purposes or for placing the Software Product in a form for execution on the
Designated CPU.Licensee agrees to maintain records of each copy of the Software Product,and upon request,such
record will be provided to Licensor.All copies,or portions thereof,must bear any proprietary notice which may appear
on the Software Product copy furnished by Licensor under this Agreement.
7. COPYRIGHT/TRADE SECRET PROTECTION Licensee agrees to place a copyright/trade secret notice in a form
specified by Licensor on all copies of the Software Product which have been reproduced by Licensee in accordance
with the provisions of Article 6.
8. RIGHT TO BACKUP CPU Licensee may by written notice identify a Backup CPU by manufacturer,model number,
serial number and installation site.Licensee shall have the right to transfer the license granted hereunder to such
Backup CPU when the Designated CPU is temporarily inoperable.
9. SECURITY Except as may be provided otherwise in this Agreement,Licensee shall not,without the express written
consent of Licensor,provide,disclose,or otherwise make available the Software Product,or copies thereof,to any third
party.Licensee shall take appropriate action by instruction,agreement,or otherwise with those of its employees and
third party agents having access to the Software Product to restrict and control the use,copying,modification,
disclosure,transfer,protection,and security of such Software Product in accordance with the provisions of this
Agreement.
10. CONFIDENTIALITY Licensee shall keep the Software Product confidential within its own organization.The
confidentiality provisions of this Agreement shall continue in effect between the parties regardless of whether or not
Licensee has returned the Software Product to Licensor.Provided,however,that Licensee's obligations hereunder shall
not apply to any Software Product if:
a. Such Software Product is already in or falls into the public domain through no act or omission on the part
of the Licensee, its Directors,Officers,Employees,or Agents;or
b. Such Software Product shall have been published or hereafter otherwise made available to the public
generally by Licensor;or
C. Licensee obtains such Software Product from a third party in a manner which does not violate any
obligations to Licensor.
11. PATENT,COPYRIGHT AND TRADE SECRET INFRINGEMENT Licensor shall defend,at its expense,any
claim or suit brought against Licensee alleging that the Software Product furnished hereunder infringes a United States
Patent,Copyright or Trade Secret,and shall pay all damages and attorney fees finally awarded,provided the Licensor is
given prompt written notice of such claim,sole authority to defend or settle the claim,and full cooperation by Licensee.
In the defense or settlement of the claim,Licensor may obtain for Licensee,at Licensor's expense,the right to continue
using the Software Product,replace or modify the Software Product so that it becomes non-infringing,or if such
remedies are not reasonably available, accept return of the Software Product for a refund on a three-year amortized
schedule,providing return of two thirds(2/3)of the license fee during the first year,and one third(1/3)of the license
fee during the second year,with no monies being returned during the third year.
Licensor shall not have any liability if the alleged infringement is based upon the modification of the Software Product
or the use or sale of the Software Product in combination with other software devices where infringement would not
have occurred from the normal use of the Software Product.
12. WARRANTY Licensor warrants that the Software Product delivered pursuant to this Agreement shall conform to
Licensor's written specifications.Licensor's obligations under this warranty are limited to making the revisions or
replacements in a reasonable period of time to correct deficiencies identified in writing by Licensee within ninety days
from the effective date of this Agreement.
EXCEPT FOR THE EXPRESS WARRANTY STATED ABOVE,LICENSOR GRANTS NO WARRANTIES,EITHER
EXPRESS OR IMPLIED,WITH RESPECT TO THE SOFTWARE PRODUCT,INCLUDING ALL IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW,IN NO EVENT SHALL ALPHACORP OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES
WHATSOEVER(INCLUDING,WITHOUT LIMITATION,DAMAGES FOR LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION,LOSS OF BUSINESS INFORMATION,OR OTHER PECUNIARY LOSS)ARISING
OUT OF THE USE OR INABILITY TO USE THIS ALPHACORP PRODUCT,EVEN IF ALPHACORP HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.BECAUSE SOME STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES,THE ABOVE LIMITATION MAY NOT APPLY TO LICENSEE.
13. RESTRICTIONS ON USE Licensee may utilize the Software Product to perform its own work and work of its
customers.However,Licensee is not granted the right to utilize the Software Product in the capacity of a service
bureau.Licensee agrees not to reverse engineer,decompile or otherwise attempt to derive source code from the
Software Product.
14. MODIFICATIONS Licensee shall have the right to modify the Software Product,Ownership of such modifications
shall vest in Licensee,provided nothing in such modifications incorporates the Licensor's Software Product which shall
be subject to all other terms of this Agreement.Licensee will not claim as its property a re-implementation of
Licensor's Software Product.
15. SEVERABILITY In the event any term,condition or provision of this Agreement is determined to be.void,invalid,
illegal or unenforceable,it shall,only to that extent,be deemed stricken. However,all other provisions shall remain
and constitute the Agreement between the parties.
16. ASSIGNMENT Except as set forth hereinafter and in Article 4,this Agreement may not be assigned,sublicensed,or
otherwise transferred without the prior written consent of Licensor,which consent shall not be unreasonably withheld.
This Agreement shall be binding upon any assignee or Licensee.
17. LIMITATION OF REMEDY Licensee agrees that Licensor's sole liability in contract,tort or otherwise arising out of
or in any way connected with each the Software Product hereunder for damages shall not exceed the license fee paid by
Licensee for the particular Software Product. In no event shall either party be liable to the other for any indirect or
consequential damages.
18. CHOICE OF LAW/CHOICE OF FORUM Both parties hereby agree that,irrespective of the place of making or
place of performance of this Agreement,this Agreement,shall be exclusively governed and interpreted according to
Minnesota Law,both Statutory and Decisional,and further,no action,suit,or proceeding shall be commenced,
maintained,or prosecuted other than in Minnesota in a court of competent jurisdiction.
19. EXPORT RESTRICTIONS Licensee agrees not to transmit the Software Product outside the country of purchase
without the prior written approval of Licensor. This Agreement is subject to any laws,regulations,orders,or other
restrictions on the export of the Software from the United States or agencies thereof(including the United States
Department of Commerce).
20. NOTICES All written notices to be given hereunder whether pursuant to this Agreement or a provision of law,shall be
either delivered in person,by prepaid telegraphic means,or by the United States mail,postage prepaid. Notices shall be
addressed as follows:
TO LICENSOR: AlphaCorp
3676 California Avenue
Salt Lake City,UT 84104-6515
ATTENTION: Jim Painter,President
TO LICENSEE: City of Eden Prairie
8080 Mitchell Road
Eden Prairie,MN 55344
ATTENTION: Lisa Wu,Information Technology Manager/CIO
or at such other place as may be designated from time to time in writing.
GENERAL
a. Licensee and Licensor agree to comply with all applicable Local, State and Federal laws and Executive Orders and
regulations issued pursuant to thereto.
b. This Agreement must not be deemed or construed to be modified,amended,rescinded,cancelled or waived in
whole or in part,except by written Amendment signed by the parties hereto.
c. Licensor shall not be liable for delays in any of its performance hereunder due to causes beyond its reasonable
control,including,but not limited to acts of God or strikes.
d. No waiver of any rights caused by breach of any provision of this Agreement shall constitute a waiver of any prior,
concurrentd no waiver shall be effective unless
or subsequent breach of the same or an other provisions hereof an
9 Y P
made in writing.
Licensee and Licensor acknowledge that they have read the terms and conditions of this Agreement understand all such
terms and conditions and agree to be bound thereby.
LICENSEE: City of Eden Prairie
By.
(Print Name and Title)
(Signature)
Pricing
ENTERPRISE DOCUMENT MANAGEMENT FOR THE CITY OF EDEN PRAIRIE
NOVEMBER 8, 2005-REVISED.JANUARY 29, 2006
1 SIRE Capture—Provides batch scanning of $ 2,995 1 $ 2,995
documents.Intended for use with high-speed scanners
(up to 80 pages per minute)connected to workstations.
Includes bar code recognition,automated indexing
capabilities,Enhanced Zone OCR,and remote scanning.
Works with Kofax,ISIS,and Twain drivers.Per seat.
2 SIRE Capture Index Station—Provides indexing of $ 1,895 1 $ 1,895
scanned batches.Intended for use on workstations that
do not have a scanner attached to them.Includes
automated indexing capabilities,and Enhanced Zone
OCR.Per seat(not concurrent).
3 SIRE Scan to Folder—Provides scanning through $ 495 1 $ 495
SIRE FileCenter.Intended for use with low volume
scanning.Documents are scanned and indexed one at a
time.Per seat(not concurrent).
4 SIRE EDMS—Provides network TCP/IP access to the $ 825 26 $ 21,450
SIRE system.FileCenter/WebCenter Full licenses.
Provides searching,viewing over 250 file formats,
adding documents to the repository,editing index
information,retention management and scheduling,task
manager,event manager,folder packs,revision control,
create workflows,participate in flows,fill in forms,and
printing.
5 SIRE Read-Only Licenses—Provides document search $ 7,200 1 $ 7,200
retrieve,view,and print.Up to 25 CC users.
6 SIRE Full Text Server—Includes the OCR Server and $ 6,500 1 $ 6,500
cataloging for full text searching.Server license.
7 SIRE Forms—Create,edit,and publish electronic $ 5,000 1 $ 5,000
forms.Server license.
8 SIRE.Net Edition Application Program Interface- $ 13,000 1 $ 13,000
Direct access to development library;Up-to-date
command functions;Detailed documentation;
Microsoft®Visual Basic®6 client/server dll's;.Net®
Server,client/remoting,Web services
$ 58,535
New client software discount -$ 19,290
Net Software Cost to Eden Prairie $ 39,245
Virchow,Krause&Company,LLP Confidentiality Notice:
This information is Proprietary and Confidential, and is not for public disclosure.
Pricing
9 Installation/Configuration/Training—per day $ 1,280 5 $ R,40TO
10 Project Management—per day $ 1,450 3 $ 4,350
NMI 1
$ 49,995
Accepted:
Date:
Authorized Eden Prairie Representative Title
Notes:
1. Virchow Krause will extend the offer to Eden Prairie of 30%discount off the list price of future
software purchased within 12 months of the software delivery of this initial purchase.
2. A site license for an unlimited number of Read-Only licenses for Eden Prairie is available for
$100,000.For the same 12 month period mentioned above,that site license can be purchased for
$70,000.
3. Payment terms are 50%of software license fees due at contract signing;40%of software license
fees due upon software installation;balance due upon acceptance.Services will be billed as they are
provided.
4. Data Practices Compliance. Contractor shall have access to data collected or maintained by the City
as necessary to perform Contractor's obligations under this contract. Contractor agrees to maintain
all data obtained from the City or collected by Contractor consistent with the requirements of the
Minnesota Government Data Practices Act.Minn.Stat.§13.02 et seq.(the"Act"). Contractor will
not release or disclose the contents of data classified as not public to any person except at the
written direction of the City. Contractor agrees to defend and indemnify the City,its elected
officials and employees,from any claim,liability,damage or loss asserted against the City,its
elected official and employees,as a result of Contractor's failure to comply with the requirements of
the Act or this contract. Upon termination of this contract,Contractor agrees to return all data to the
City.
Virchow,Krause&Company,LLP Confidentiality Notice:
This information is Proprietary and Confidential, and is not for public disclosure.
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar February 7, 2006
DEPARTMENUDIVISION: ITEM DESCRIPTION: ITEM NO.: VI.G.
Scott Neal, City Manager Agreement to Limit Indemnification and First
Amendment to Third Restated Joint Powers
Agreement with Southwest Metro Transit
Requested Action
Move to:
• Approve agreement between the City of Eden Prairie and Southwest Metro Transit
Commission to Limit Indemnification; and
• Approve First Amendment to Third Restated Joint Powers Agreement between the City of
Eden Prairie and Southwest Metro Transit Commission
Synopsis
The City Attorney recommends approval of these agreements in light of a recent court decision
that stacked statutory limits and made a non-negligent member of a joint powers entity liable for
the acts of a negligent member. The City Attorney believes that adoption of the indemnification
provision will help limit the indemnification liability of each member city,to the extent possible,
to each member city's statutory limit.
Attachments
• Agreement to Limit Indemnification
• First Amendment to Third Restated Joint Powers Agreement
AGREEMENT TO LIMIT INDEMNIFICATION
SOUTHWEST METRO TRANSIT COMMISSION
This Agreement is made and entered into as of the day of
, 2006, by and between the Cities of Eden Prairie, Chanhassen and
Chaska, all being municipal corporations organized under the laws of the State of
Minnesota, pursuant to authority conferred upon the parties by Minnesota Statutes §§
174.265, 473.384, 473.388, and/or 471.59 (the "Member Cities") and Southwest Metro
Transit Commission, established pursuant to the Third Restated Joint Powers Agreement,
as amended ("Joint Powers Agreement") and prior agreements among Member Cities;
and
WHEREAS, the parties desire to limit their liability with respect to certain
indemnification by a party of other parties,the parties agree as follows:
Indemnification Limitation. No party to this Agreement shall be required to pay
on behalf of itself and to any other party or parties any amount as indemnification to a
party or parties, arising by operation of law or otherwise as a result of the relationships
created, and enterprise conducted, pursuant to the Joint Powers Agreement, in excess of
the limits of liability applicable to the party required to pay as established in Minnesota
Statutes Chapter 466, or in the event that Minnesota Statutes Chapter 466 does not apply,
the maximum amount of insurance coverage available to the party required to pay. The
limits of liability for some or all of the parties may not be added together to increase the
maximum amount of liability for any party. The intent of this section is to limit a party's
obligation to indemnify another party or parties. In those instances in which a party is
directly liable for damages as well as for indemnification to another party, the combined
liability of the party will not exceed the limits of liability under Minnesota Statutes
Chapter 466 applicable to the liable party or in the event that Minnesota Statutes Chapter
466 does not apply, the maximum amount of insurance coverage available to the liable
party-
IN WITNESS WHEREOF, the undersigned Governmental Units, by action of
their governing bodies,have caused this Agreement to be executed.
AGREEMENT TO LIMIT INDEMNIFICATION
SOUTHWEST METRO TRANSIT COMMISSION
CITY OF EDEN PRAIRIE
By
Its
By
Its
Approved by the City Council of
Eden Prairie this day of
,2006.
AGREEMENT TO LIMIT INDEMNIFICATION
SOUTHWEST METRO TRANSIT COMMISSION
SOUTHWEST METRO TRANSIT COMMISSION
By
Its
By
Its
Approved by the Board of Commissioners
of Southwest Metro Transit Commission
this day of
2005.
P:\Home\SMTC-0622\JOINTPOW\AGREEMENT TO LIMIT INDEMNIFICATION.doc
r
FIRST AMENDMENT TO
THIRD RESTATED JOINT POWERS AGREEMENT
This First Amendment to Third Restated Joint Powers Agreement is made and
entered into as of the day of , 2006, by and between the Cities
of Eden Prairie, Chanhassen and Chaska, all being municipal corporations organized
under the laws of the State of Minnesota, pursuant to authority conferred upon the parties
by Minnesota Statutes §§ 174.265, 473.384, 473.388, and/or 471.59 (the "Member
Cities").
WHEREAS, the Member Cities established the Southwest Metro Transit
Commission pursuant to the Third Restated Joint Powers Agreement ("Agreement") and
prior agreements; and
WHEREAS,the parties desire to amend the Agreement.
NOW THEREFORE, the Agreement is amended by adding subsection Te. as
follows:
e. Indemnification Limitation. No party to this Agreement shall be required to pay
on behalf of itself and to any other party or parties any amount as indemnification to a
party or parties, arising pursuant to this Areement by operation of law or otherwise, in
excess of the limits of liability applicable to the party required to pay as established in
Minnesota Statutes Chapter 466, or in the event that Minnesota Statutes Chapter 466 does
not apply, the maximum amount of insurance coverage available to the party required to
pay. The limits of liability for some or all of the parties may not be added together to
increase the maximum amount of liability for any party. The intent of this section is to
limit a party's obligation to indemnify another party or parties. In those instances in
which a party is directly liable for damages as well as for indemnification to another
party, the combined liability of the party will not exceed the limits of liability under
Minnesota Statutes Chapter 466 applicable to the liable party or in the event that
Minnesota Statutes Chapter 466 does not apply, the maximum amount of insurance
coverage available to the liable party.
IN WITNESS WHEREOF, the undersigned Governmental Units, by action of
their governing bodies, have caused this Agreement to be executed in accordance with
the authority of Minnesota Statutes § 471.59.
THIRD RESTATED JOINT POWERS
AGREEMENT
CITY OF EDEN PRAIRIE
By
Its
By
Its
Approved by the City Council of
Eden Prairie this day of
,2006.
P:\Home\SMTC-0622UOINTPOW\I ST AMENDMENT TO 3RD RESTATED JPA.doc
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar February 7,2006
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VL H.
Randy L. Slick Grading Permit for Parking Lot at Fargo
Public Works/Engineering Electronics
Requested Action
Move to: Authorize issuance of grading permit to Fargo Electronics for expansion of
existing parking facilities by 125 stalls.
Synopsis
Fargo Electronics is requesting City approval for a parking lot expansion of 125 stalls at their
facilitylocated Flying 1 1 cubic yards of material is to be
ated at 6533 y g Cloud Drive. Approximately 2000 c
moved on site.
Background Information
As a condition of this permit and prior to issuance of the permit, a Traffic Demand Management
(TDM)plan and bonding shall be submitted and approved.
Engineering staff has reviewed the plans for conformance to our standards for erosion control
and drainage. Planning staff has reviewed the proposal for conformance to City Code. The plan
is in conformance with City Code and policy related to erosion control.
Attachments
• Grading plan
o�
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CITY COUNCIL AGENDA DATE:
SECTION: Appointments February 7, 2006
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VI. 1.
Stuart Fox, Manager of Parks Appointment of Assistant Weed Inspector
and Natural Resources
Requested Action
Move to: Appoint Jeff Cordes as Assistant Weed Inspector for the City of Eden Prairie.
Synopsis
Each year the City of Eden Prairie is requested to appoint an Assistant Weed Inspector for the City
under the requirements of Minnesota Statutes, Chapter 18.80 and 18.81. The responsibility of the
Assistant Weed Inspector is to enforce the local and state weed ordinances. Jeff Cordes has been
doing this inspection work for the past several years, and he is familiar with the City ordinance and
state law.
Under State Statute,the Mayor is the City Weed Inspector and appointment of an Assistance Weed
Inspector thereby relieves the Mayor or City Council of those duties as required by Minnesota State
Statute.
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar February 7, 2006
DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 05-5655 ITEM NO.: VI. J.
Leslie Stovring Award Contract for Removal of Stormwater
Public Works/Environmental Sediments from two bays in Red Rock Lake
Services
Requested Action
Move to: Award contract for the Red Rock Sediment Removal Project to Parrot Contracting,
Inc. in the amount of$36,925.
Synopsis
Quotes were received Thursday,January 26, 2006 for the Red Rock Lake Sediment Removal
project. Three quotes were received as follows:
Parrot Contracting $36,925
Sunram Construction $37,525
G.F.Jedlicki $41,550
DMJ Corporation $42,650
Viet&Company $63,369
Background Information
The Red Rock Lake sediment removal project will remove sediment deltas which have built up
over time within two bays in Red Rock Lake. Homeowners around the bays had requested that
Staff evaluate these areas and remove the sediment buildup as needed. Braun Engineering did a
sediment analysis in 2005. The sediment thickness was found to range from I inch to 6 feet in
depth. Small islands have formed within the bays which are dry for much of the summer.
Residents around Red Rock Lake were informed of the potential project on November 22, 2005
in a mailer. A permit for the work was received from Riley-Purgatory-Bluff Creek Watershed
District on January 4, 2006.
The Quote includes work for two bays. The sediment removal in one bay is dependent on ice
conditions that are sufficient for vehicle access. If safe ice conditions do not form this year, the
work for the second bay will be re-bid this fall for the 2007 winter season. Funds for this project
will come from the Stormwater Utility Fee.
Staff recommends award to Parrot Contracting.
Attachments
Attachment I—HTPO Summary of Quotes
i
I 1 Engi erin'g ying
;1 L cape Archi ure.y
January 26,2006
City of Eden Prairie
8080 Mitchell Road
Eden Prairie,MN 55344
Attn: Leslie Stovring
Re: Red Rock Lake
Sediment Removal
I.C. 05-5655
Dear Ms.Stovring,
Quotes were received and opened at 11:00 a.m. on Thursday,
January 26,2006,for the above referenced project.The bids are
shown on the attached Summary of Quotes.
We recommend that Parrot Contracting Inc be awarded this project
based on their quote.
Respectfully,
HANSEN THORP PELLINEN OLSON, INC.
Ted Anderson
Construction Manager
7510 Market Place Drive
Eden Prairie,MN 55344
952-829-0700
952-829-7806 fax
HANSEN • " PELLINEN OLSON,
7
SUMMARY OF QUOTE
City of Eden Prairie
I.C.05-5655
DESCRIPTION: Red Rock Lake Settlement Removal
BIDS OPENED: Tanuary 26,2006
CONSULTING ENGINEER: Hansen Thorp Pellinen Olson Inc.
CHECKED BY: Hansen Thorp Pellinen Olson Inc.
BIDDER TOTAL BID
Parrot Contracting Inc $36,925.00
Sunram Construction Inc $37,525.00
G.F.Jedlicki Inc $41,550.00
DMJ Corporation $42,650.00
Viet&Company Inc $63,369.00
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar February 7, 2006
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VL K.
Consent Resolution appointing(WHAHLT) as the
administrator of regulatory agreements between
the City of Eden Prairie and Ryland Group, Inc.
Requested Action
Move to: Adopt Resolution appointing the West Hennepin Affordable Housing Land Trust
(WHAHLT) as administrator under those certain regulatory agreements by and between the City
of Eden Prairie and Ryland Group, Inc.
Synopsis
Staff is requesting that Council adopt a resolution naming West Hennepin Affordable Housing
Land Trust(WHAHLT)as the designated party,responsible for administration of the eight
affordable units within Hennepin Village, as called for in the Regulatory Agreement, section IA,
between the City and Ryland Group,Inc.
Attachments
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO. 06-
A RESOLUTION OF THE CITY OF EDEN PRAIRIE,MINNESOTA APPOINTING THE
WEST HENNEPIN AFFORDABLE HOUSING LAND TRUST("WHAHLT")AS
ADMINISTRATOR UNDER THOSE CERTAIN REGULATORY AGREEMENTS BY AND
BETWEEN THE CITY OF EDEN PRAIRIE AND RYLAND GROUP,INC.
WHEREAS, on September 30, 2005,the City of Eden Prairie entered into eight(8)Regulatory
Agreements with Ryland Group, Inc. ("Agreements"); and
WHEREAS, under Section 1(A) of said Agreements, certain income, purchase and sale
restrictions have been placed upon the property, which is the subject of the Agreements, so that the
property may remain affordable for a period of not less than forty(40)years; and
WHEREAS, under Section 1(A) of said Agreements, the City of Eden Prairie at its discretion
may designate an administrator for the purposes of receiving conveyances of the property which is the
subject of said Agreements and to hold such property for subsequent conveyance to persons and or
entities meeting the income requirements stated in Section I(A) of the Agreements;and
WHEREAS, the City of Eden Prairie desires to appoint WHAHLT to act as administrator
under said Agreements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EDEN PRAIRIE,THAT:
The City of Eden Prairie hereby appoints WHAHLT to act as administrator under those certain
Agreements by and between Ryland Group, Inc. and the City of Eden Prairie for the purposes
of receiving conveyances of the property which is the subject of said Agreements and to hold
such property for subsequent conveyance to persons and or entities meeting the income
requirements stated in said Agreements.
ADOPTED by the City of Eden Prairie City Council this 7th day of February, 2006.
Nancy Tyra-Lukens,Mayor
(Seal)
ATTEST:
Kathleen A. Porta,City Clerk
PAliome\EP\Community Dev\Hennepin Village-Affordable Housing\Resolution-020106.doc
CITY COUNCIL AGENDA DATE:
SECTION: Public Hearing February 7, 2006
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.A.
David Olson Vacation 05-02
Vacation of the Conservation/Scenic Easement
Public Works/Engineering over part of Lot 21, Block 1, Stonegate of Eden
Prairie
Requested Action
Move to:
• Close the Public Hearing; and
• Move to: Adopt resolution vacating the Conservation/Scenic Easement over part of Lot 21,
Block 1, Stonegate of Eden Prairie.
Synopsis
The Property Owner has requested the vacation of part of the Conservation/Scenic easement to
allow better use of the property and to more closely conform to the natural terrain and wetland
boundary.
Background Information
The easement was originally dedicated in conjunction with platting of the subdivision.
Subsequent development and construction of a home on the lot revealed the easement boundary
to be inconsistent with the existing wetland.
Attachments
• Resolution
• Location Map
• Vacation Drawing
• Published Notice
• Notification List
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO.2006-
VACATION OF PART OF THE CONSERVATION/SCENIC EASEMENT
OVER LOT 21,BLOCK 1,STONEGATE OF EDEN PRAIRIE
VACATION 05-02
WHEREAS, the City of Eden Prairie has a certain Conservation/Scenic Easement described as
follows:
The Conservation/Scenic Easement as described in document number 7870621, recorded
in the office of the County Recorder, over Lot 21, Block 1 Stonegate of Eden Prairie,
Hennepin County,Minnesota; and
WHEREAS,the City of Eden Prairie has been requested to vacate the following described part of
this Conservation/Scenic Easement:
That part of the Conservation/Scenic easement, described in document number 7870621,
recorded in the office of the County Recorder, over Lot 21, Block 1, Stonegate of Eden
Prairie,Hennepin County,Minnesota described as follows:
Commencing at the northeast corner of said Lot 21; thence South 00 degrees 34
minutes 07 seconds East, assumed bearing along the east line of said Lot 21, a
distance of 111.65 feet to the point of beginning; thence South 89 degrees 08
minutes 11 seconds West, a distance of 97.08 feet; thence South 41 degrees 03
minutes 46 seconds East, a distance of 12.49 feet; thence South 73 degrees 42
minutes 56 seconds East, a distance of 8.80 feet; thence South 83 degrees 40
minutes 07 seconds East, a distance of 22.21 feet; thence South 74 degrees 34
minutes 24 seconds East, a distance of 6.71 feet; thence South 22 degrees 09
minutes 05 seconds East, a distance of 6.16 feet; thence South 11 degrees 47
minutes 03 seconds East, a distance of 23.09 feet; thence South 01 degrees 40
minutes 04 seconds West, a distance of 16.11 feet; thence South 66 degrees 21
minutes 14 seconds East, a distance of 28.59 feet; thence South 54 degrees 02
minutes 39 seconds East, a distance of 24.69 feet to said east line; thence North
00 degrees 34 minutes 07 seconds West, along said east line a distance of 87.96
feet to the point of beginning.
WHEREAS, a Public Hearing was held on February 7, 2006 after due notice was given to
affected property owners and published in accordance with M.S.A. 412.851; and
WHEREAS, the Council has been advised by City Staff that the proposed vacation of the above
described Conservation/Scenic Easement has no relationship to the comprehensive municipal
plan; and
WHEREAS, it has been determined that the said Conservation/Scenic Easement is not necessary
and has no interest to the public,therefore, should be vacated.
NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council as follows:
1. Said Conservation/Scenic Easement described as commencing at the northeast corner
of said Lot 21; thence South 00 degrees 34 minutes 07 seconds East, assumed bearing
along the east line of said Lot 21, a distance of 111.65 feet to the point of beginning;
thence South 89 degrees 08 minutes 11 seconds West, a distance of 97.08 feet; thence
South 41 degrees 03 minutes 46 seconds East, a distance of 12.49 feet; thence South 73
degrees 42 minutes 56 seconds East, a distance of 8.80 feet; thence South 83 degrees 40
minutes 07 seconds East, a distance of 22.21 feet;thence South 74 degrees 34 minutes 24
seconds East, a distance of 6.71 feet; thence South 22 degrees 09 minutes 05 seconds
East, a distance of 6.16 feet; thence South 11 degrees 47 minutes 03 seconds East, a
distance of 23.09 feet; thence South 01 degrees 40 minutes 04 seconds West, a distance
of 16.11 feet; thence South 66 degrees 21 minutes 14 seconds East, a distance of 28.59
feet;thence South 54 degrees 02 minutes 39 seconds East, a distance of 24.69 feet to said
east line; thence North 00 degrees 34 minutes 07 seconds West, along said east line a
distance of 87.96 feet to the point of beginning is hereby vacated.
2. The City Clerk shall prepare a Notice of Completion of Proceedings in
accordance with M.S.A. 412.851.
ADOPTED by the Eden Prairie City Council on February 7, 2006.
Nancy Tyra-Lukens,Mayor
ATTEST: SEAL
Kathleen Porta, City Clerk
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VACATION 05-02
NOTICE OF VACATION OF
PART OF THE CONSERVATION/SCENIC EASEMENT IN
STONEGATE OF EDEN PRAIRIE
Notice is hereby given that a public hearing will be held before the Eden Prairie City Council at the
Eden Prairie City Hall, 8080 Mitchell Road, Eden Prairie, Minnesota, on February 7, 2006 at 7:00
p.m. to hear all persons present upon the proposed vacation of the Conservation/Scenic easement
described as follows:
That part of the Conservation/Scenic easement, described in document number 7870621
recorded in the office of the County Recorder, over Lot 21, Block 1, Stonegate of Eden
Prairie,Hennepin County,Minnesota described as follows:
Commencing at the northeast corner of said Lot 21; thence South 00 degrees 34
minutes 07 seconds East, assumed bearing along the east line of said Lot 21, a
distance of 111.65 feet to the point of beginning; thence South 89 degrees 08
minutes 11 seconds West, a distance of 97.08 feet; thence South 41 degrees 03
minutes 46 seconds East, a distance of 12.49 feet; thence South 73 degrees 42
minutes 56 seconds East,a distance of 8.80 feet;thence South 83 degrees 40 minutes
07 seconds East, a distance of 22.21 feet; thence South 74 degrees 34 minutes 24
seconds East,a distance of 6.71 feet;thence South 22 degrees 09 minutes 05 seconds
East, a distance of 6.16 feet;thence South 11 degrees 47 minutes 03 seconds East,a
distance of 23.09 feet; thence South 01 degrees 40 minutes 04 seconds West, a
distance of 16.11 feet; thence South 66 degrees 21 minutes 14 seconds East, a
distance of 28.59 feet; thence South 54 degrees 02 minutes 39 seconds East, a
distance of 24.69 feet to said east line; thence North 00 degrees 34 minutes 07
seconds West,along said east line a distance of 87.96 feet to the point of beginning.
By Order of the City Council
Published in the Sun Current
on January 19,2006
NOTIFICATION LIST
VACATION REQUEST 05-02
A copy of the Public Hearing Notice is to be sent to owners of the following parcels:
30-116-22-12-0027
30-116-22-12-0028 (Subject parcel)
30-116-22-12-0054
Applicant (Petition submitted by Carlston, Inc. on behalf of property owner)
Private Utility Companies do not need to be notified of this request.
CITY COUNCIL AGENDA DATE:
SECTION: Public Hearings February 7, 2006
DEPARTMENU/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII. B.
George Esbensen, Fire Chief "Licensing of Rental Housing"
Odinance
Requested Action
Move to:
• Close the Public Hearing; and
• Approve 1"reading of the ordinance amending City Code Chapter 5 by adding new Section
5.72 entitled Licensing of Rental Housing.
Synopsis
This ordinance will amend City Code Chapter 5 by adding a new Section 5.72 relating to
Licensing of Rental Housing, and adopting by reference, City Code Chapter 1 and Section 9.99,
which contain penalty provisions.
Background Information
ose
To protect the public health, safety,and welfare of citizens of the City residing in rental dwellings
through the adoption of licensing regulations and inspections.
Current State
According to the 2000 census,21.7%of Eden Prairie residents live in rental housing.Eden Prairie
currently has in excess of 5600 rental dwelling units. 25 years is the age when buildings that are not
adequately maintained,begin to show signs of distress.
• 12.7%of the city's rental units are 25 years of age or older.
• By 201125%of the units will exceed 25 years of age.
• By 2013 over 46%will exceed 25 years of age.
Eden Prairie currently has a Rental Housing Code(Section 9.11),that is enforced on a complaint only
basis.
Summary
This proposed ordinance will:
• Require the annual licensure of rental residential dwellings with the City.
• Cause rental dwelling units to be inspected once every four years.
• Require rental dwelling units to conform to Eden Prairie's Rental Housing Code.
Rental Housing Ordinance
Page 2
It will be the responsibility of the rental license holder to take appropriate action to prevent disorderly
use violations. Disorderly use violations are violations of statutes or ordinances which prohibit
gambling,prostitution,sale or possession of controlled substances,sale of alcoholic beverages,
disturbing the peace,and the unlawful possession,transportation,sale,or use of a weapon.
The City Council will have the ability to suspend or revoke the rental license if three disorderly use
violations occur within any 12 month period. This ordinance is similar to ordinances adopted in
neighboring communities such as Bloomington,Chaska,Chanhassen,Maple Grove,and Plymouth.
License Fees
If approved,this ordinance would utilize a fee for service approach thereby balancing expenditures
and revenues. The proposed fee would be$50 for the first unit and$11 for each additional unit. This
fee would be brought before the council as an amendment to the fee resolution.
Proposed Maintenance Code Process
Adopting this ordinance would continue the proactive/progressive maintenance code approach
already initiated in Eden Prairie. The City has adopted codes for rental housing and exterior
maintenance with future code proposals for residential point of sale and commercial change of
occupancy. Adoption and enforcement of ordinances such as these benefit the public good by
decreasing the risk of blight and the subsequent concentration of crime while maintaining property
values,keeping peace within neighborhoods and by achieving a theoretical gain in the future quality
of buildings.
Attachments
Ordinance
CITY OF EDEN PRAHUE
HENNEPIN COUNTY,MINNESOTA
ORDINANCE
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING
CITY CODE CHAPTER 5 ENTITLED "OTHER BUSINESS REGULATIONS AND
LICENSING," ADDING SECTION 5.72 RELATING TO LICENSING OF RENTAL
HOUSING, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND
SECTION 5.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY
PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA,ORDAINS:
Section 1. Eden Prairie City Code Chapter 5 is amended by adding a new Section 5.72 entitled
"Licensing of Rental Housing"as follows:
"SECTION 5.72 LICENSING OF RENTAL HOUSING"
Subd. 1. Purpose.
Purpose: It is the purpose of this ordinance to protect the public health, safety and
welfare of citizens of the City who have as their place of abode a living unit furnished to them
for the payment of a rental charge to another by adopting licensing regulations for all rental
dwellings in the city.
Subd.2. Definitions.
For the purposes of Chapter 5, the terms defined in this section shall have the meanings
given them in the subdivisions which follow:
A. Administrative Authority. As used in this ordinance, the term "Administrative
Authority"shall mean the Fire Chief,Building Official, or their designee.
B. Rental Dwelling. As used in this ordinance the term "rental dwelling" shall mean
any rental dwelling with one or more living units. "Rental dwelling" does not
include hotels, motels,hospitals and homes for aged.
C. Operate. As used in this ordinance, the term "operate" means to charge a rental
charge or other form of compensation for the use of a unit in a rental dwelling.
Subd.3. License Required.
No person, firm, partnership, corporation or other legal entity shall operate a rental
p p p rP g tY
dwelling in the City without first having obtained a license. The license is issued each
year and is valid until the date of expiration.
1
Subd. 4. Application for Licenses.
Applications for licenses shall be made in writing on forms provided by the City and
accompanied by the fee amounts as established by the City Council. Such application shall be
submitted at least sixty (60) days prior to the expiration date of the license, and shall specify the
following:
A. Name and address of the owner of the rental dwelling.
B. Name and address of any operator or agent actively managing said rental
dwelling.
C. Name and address of all partners if the registrant is a partnership.
D. Name and address of all officers of the corporation if the registrant is a
corporation.
E. Name and address of the vendee if the rental dwelling is owned or being sold on a
contract for deed.
F. Legal address of the rental dwelling.
G. Number and kind of units within the rental dwelling classified as dwelling units,
tenement units, or rooming units or other.
H. Name and address of on site operating manager if any.
Subd. 5. Application,Execution.
The application shall be subscribed and sworn to be the applicant before an officer duly
qualified to take oaths and shall be made by the owner if such owner is a natural person; if the
owner is a corporation by an officer thereof; if a partnership by one of the partners; and if an
unincorporated association, by the manager or managing officer thereof.
Subd. 6. License Renewal.
Notwithstanding the application signature requirements of Subdivision 5, renewals of the
license as required annually by this code may be made by filling out the required renewal form
furnished by the Administrative Authority to the owner, operator or agent of a rental dwelling
and mailing said form together with the required registration fee to the Administrative Authority.
Subd. 7. License Fees.
Such license fees shall be in the amount set by the City Council from time to time.
2
Subd. 8. PostinE.
Every registrant of a rental dwelling shall post the annual license issued by the
Administrative Authority. The annual license shall be conspicuously posted (in a frame with a
glass covering) by the registrant, in a public corridor, hallway or lobby of the rental dwelling for
which they are issued.
Subd. 9. Maintenance Standards.
Every rental dwelling shall maintain the standards in the City Code, Chapter 9, Section
9.11 in addition to any other requirement of the ordinance of the City or special permits issued
by the City, or the laws of the State of Minnesota.
Subd. 10. Revocation or Suspension.
A. Every license or permit issued under this ordinance is subject to the right, which
is hereby expressly reserved, to suspend or revoke the same should the license
holder or their agents, employees, representatives or lessees directly or indirectly
operate or maintain rental dwellings contrary to the provisions of this Article or
any other City Code provision, or any permit issued by the City or the laws of the
State of Minnesota.
B. The license may be suspended or revoked by the City Council after a written
notice is sent to the license holder specifying the ordinance or law violations with
which they are charged. This notice shall also specify the date for hearing before
the City Council,which shall not be less than 10 days from the date of the notice.
C. At such hearing before the City Council, the license holder or their attorneys may
submit and present witnesses on their behalf.
D. After a hearing the City Council may suspend or revoke the license if they deem it
necessary to protect the public health, safety or general welfare.
Subd. 11. Summary Action.
A. When the condition of the rental dwelling of any license holder or their agent,
representative, employee or lessee is detrimental to the public health, safety and
general welfare as to constitute a nuisance, fire hazard or other unsafe or
dangerous condition and thus give rise to an emergency, the Administrative
g
Authority shall have the authority to summarily condemn or close off such area of
the rental dwelling.
B. Any person aggrieved by a decision of the Administrative Authority to cease
business or revoke or suspend the license or permit shall be entitled to appeal to
the City Council immediately, by filing a Notice of Appeal. The Administrative
Authority shall schedule a date for hearing before the City Council and notify the
aggrieved person of the date.
C. The hearing shall be conducted in the same manner as if the aggrieved person had
not received summary action.
3
D. The decision of the Administrative Authority shall not be voided by the filing of
such appeal. Only after the City Council has held its hearing will the decision of
the Administrative Authority be affected.
Subd. 12. Applicable Laws.
Licenses shall be subject to all of the ordinances of the City and the State of Minnesota
relating to rental dwellings; and this ordinance shall not be construed or interpreted to supersede
or limit any other such applicable ordinance or law.
Subd. 13. Rental Dwelling Licenses; Conduct On Licensed Premises.
It shall be the responsibility of the rental license holder to take appropriate action to
prevent conduct by tenants or their guests on the licensed premises which is hereby deemed to be
disorderly, (hereinafter referred to as a "Disorderly Use Violation") in violation of any of the
following statues or ordinances:
A. Minnesota Statutes, Sections 609.75 through 609.76,which prohibit gambling;
B. Minnesota Statutes, Sections 609.321 through 609.324, which prohibits
prostitution and acts relating thereto;
C. Minnesota Statutes, Sections 152.01 through 152.025, and Section 152.027,
Subdivisions 1 and 2,which prohibit the unlawful sale or possession of controlled
substances;
D. Minnesota Statutes, Section 340A.401, which prohibits the unlawful sale of
alcoholic beverages;
E. Minnesota Statutes, Section 609.72, and Chapter 9, Section 9.30 of this Code,
which prohibits disorderly conduct when the violation disturbs the peace and
quiet of the occupants of at least one unit on the licensed premises or other
premises, other than the unit occupied by the person(s)committing the violation;
F. Minnesota Statutes, Sections 9713.021, 9713.045, 609.66 through 609.67 and
624.712 through 624.716 which prohibit the unlawful possession, transportation,
sale or use of a weapon;
Subd. 14. Disorderly Use Violations.
A. Upon determination by the Administrative Authority that a Disorderly Use
Violation occurred on the licensed premises, as described in Subdivision 13
above, the City shall notify the licensee by certified mail of the violation and
direct the licensee to take appropriate action to prevent further violations.
4
B. If a second Disorderly Use Violation occurs on the licensed premises by the same
tenant, a family member, a roommate, or a guest of the tenant within twelve (12)
months of an incident for which the notice in Subdivision 13A above was given,
the City shall notify the licensee by certified mail of the violation and shall also
require the licensee to submit a written report of the actions taken, and proposed
to be taken, by the licensee to prevent disorderly use of the premises. This written
report shall be submitted to the City within seven (7) days of receipt of the notice
(excluding holidays) of disorderly use of the premises.
C. If a third Disorderly Use Violation occurs on the licensed premises by the same
tenant, a family member, a roommate, or a guest of the tenant within twelve (12)
months after the second of any two (2) previous instances of disorderly use for
which notices were sent to the licensee pursuant to this section, the rental
dwelling license for the unit occupied by the involved tenant may be suspended
by the City Council. The initial suspension may be for up to sixty (60) days. If
another disorderly use violation occurs on the licensed premises by the same
tenant, a family member, a roommate, or a guest of the tenant within twelve (12)
months after the end of a suspension period, the City Council may suspend the
rental dwelling license for the unit occupied by the involved tenant for up to one
hundred twenty (120) days. In lieu of a suspension,the City Council may impose
a fine equivalent to the rent for the suspension period.
D. It shall not be considered an instance of disorderly use if the tenant is evicted or
voluntarily vacates the licensed premises prior to the hearing before the City
Council and within two (2) full calendar months after the determination by the
Administrative Authority that disorderly use has occurred and notice of the
determination has been sent to the licensee.
Subd. 15. Multiple Suspensions.
If the license of more than one dwelling unit in a licensed premises is suspended within
twelve (12) months, the period of suspension for the second and subsequent dwelling units
licensed that are suspended may be doubled for the suspension period specified in Subdivision
14 above.
Section 2. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to
Entire City Code including Penalty for Violation" and Sections 2.99 and 11.99, entitled
"Violation a Misdemeanor"are hereby adopted in their entirety, by reference, as though repeated
verbatim herein.
5
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie
on ,day of 2006, and finally read and adopted and ordered published at a regular
meeting of the City Council of said City on the day of ,2006.
Kathleen Porta, City Clerk Nancy Tyra-Lukens,Mayor
PUBLISHED in the Eden Prairie News of the day of
P:\Home\EP\City Code\Chapter 5-Rental Housing Code\2005 License Rental Housing Code-020106.doc
6
CITY COUNCIL AGENDA
DATE:
SECTION: Payment of Claims February 7, 2006
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VI1I.
Sue Kotchevar, Office of the Payment of Claims
City Manager/Finance
Requested Action
Move to: Approve the Payment of Claims as submitted(roll call vote)
Synopsis
Checks 148281 - 148773
Wire Transfers 2394-2404
City of Eden Prairie Council Check Summary
Council Check Summary Page 2
2/7/2006
Division Amount Division Amount
General 37,546 516 ADC PROJECT 24,177
100 City Manager 7,771 517 212/Charlson Intersection 13,182
101 Legislative 4,522 519 Community Center Referendum 550
102 Legal Counsel 7,027 601 Prairie Village Liquor 121,943
110 City Clerk 2,955 602 Den Road Liquor 240,478
III Customer Service 7,837 603 Prairie View Liquor 97,929
112 Human Resources 6,154 605 Den Road Building 7,017
113 Communication Services 3,203 701 Water Fund 168,554
114 Benefits&Training 4,114 702 Sewer Fund 5,263
115 Risk Management 100,635 703 Storm Drainage Fund 17,612
116 Facilities 98,289 803 Escrow Fund 15,996
117 City Center 109,348 807 Benefits Fund 446,762
130 Assessing 540
131 Finance 6,815 Report Totals 4,414,522
132 Social Services 3,858
133 Planning 284
134 Heritage Preservation 40
135 Information Technology 52,907
136 Wireless Communication 3,511
137 Economic Development 30
138 Community Development Admin. 18
150 Park Administration 918
151 Park Maintenance 15,362
153 Organized Athletics 8,066
154 Community Center 17,734
156 Youth Programs 5,865
158 Adult Recreation 1,915
159 Recreation Administration 1,279
160 Therapeutic Recreation 983
161 Oak Point Pool 4,460
162 Arts 291
163 Outdoor Center 2,118
164 Park Rental Facilities 30
180 Police 36,341
183 Emergency Preparedness 85
184 Fire 753,945
185 Animal Control 1,065
186 Inspections 5,401
200 Engineering 1,428
201 Street Maintenance 41,157
202 Street Lighting 1,324
203 Fleet Services 59,886
301 CDBG 6,600
308 E-911 1,481
309 DWI Forfeiture 6,091
312 Recycle Rebate 72
315 Economic Development 48
316 WAFTA 5,367
418 BRA 2002A Lease Revenue Bonds 904,343
424 G.O.Improvement Bonds 2003D 739,389
430 G.O.Improvement Bonds 2006A 550
502 Park Development 29,375
503 Utility Improvement 304
506 Improvment Bonds 1996 68,627
507 Construction Fund 685
509 CIP Fund 68,256
511 Construction Fund 5,267
515 Fire Station#4 1,550
City of Eden Prairie
Council Check Register
2/7/2006
Check# Amount Vendor/Explanation Account Description Business Unit
2394 904,343 US BANK TRUST NATIONAL ASSN Bank Reserve HRA 2002A LEASE REVENUE BONDS
2395 738,958 US BANK TRUST NATIONAL ASSN Interest G.O.Improvement Bonds 2003D
2396 10,563 ICMA RETIREMENT TRUST457 Deferred Compensation General Fund
2397 14,631 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund
2398 84,232 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits
2399 26,667 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits
2400 136,218 WELLS FARGO MINNESOTA N A SS&Medicare Health and Benefits
2401 1,116 MINNESOTA DEPT OF REVENUE Sales Tax Payable General Fund
2402 126,127 MINNESOTA DEPT OF REVENUE Sales Tax Payable General Fund
2403 1,501 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits
2404 2,796 WELLS FARGO MINNESOTA N A Federal Taxes Withheld Health and Benefits
148281 50 ANDERSON,BRAD Refunds Environmental Education
148282 278 ASPEN WASTE SYSTEMS INC. Waste Disposal Den Road Liquor Store
148283 425 ATOM Tuition Reimbursement/School Police
148284 29 BURTON EQUIPMENT INC Repair&Maint.Supplies General Facilities
148285 20 CHANHASSEN,CITY OF Operating Supplies Special Events&Trips
148286 262 CHOICE INC Other Contracted Services Prairie Village Liquor Store
148287 140 ELK RIVER PARKS&REC Conference Expense Recreation Administration
148288 30 FINE GARDENING Dues&Subscriptions Park Maintenance
148289 395 FRED PRYOR SEMINARS Conference Expense Recreation Administration
148290 526 G&L INVESTMENTS LLC Deposits Escrow
148291 145 GIRARD'S BUSINESS SOLUTIONS IN Other Contracted Services Finance
148292 50 HANSEN,MCCANN&O'CONNOR,P.A Chaper 11 and 12 General Fund
148293 105 HENNEPIN COUNTY TREASURER Operating Supplies Planning
148294 923 HENNEPIN VILLAGE LIMITED PARTN Deposits Escrow
148295 1,750 KLEVE PROPERTIES LLC Deposits Escrow
148296 1,282 KLINGELHUTZ DEVELOPMENT CO Deposits Escrow
148297 30 KROCAK,RITA Outdoor Center Park Facilities
148298 288 LACROSSE UNLIMITED Instructor Service After School Programs
148299 200 LINEHAN,KEVIN Refunds Environmental Education
148300 189 MALONE,TOM Instructor Service Fall Skill Development
148301 425 MAROTTA,VIC Instructor Service Summer Skill Development
148302 650 MAXIMUM SOLUTIONS INC Software Maintenance Information Technology
148303 1,492 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund
148304 164 MINNESOTA DEPT OF REVENUE Garnishment Withheld General Fund
148305 40 MINNESOTA DISTANCE RUNNING ASS Conference Expense Recreation Administration
148306 40 MINNESOTA GFOA Dues&Subscriptions Finance
148307 35 MINNESOTA PARK SUPERVISORS ASS Dues&Subscriptions Park Maintenance
148308 30 MINNESOTA STATE UNIVERSITY Dues&Subscriptions Recreation Administration
148309 20 MN DEPT.OF LABOR AND INDUSTRY Licenses&Taxes Water Utility-General
148310 140 MSSA Dues&Subscriptions Fleet Services
148311 2,260 NATIONAL MARTIAL ARTS ASSOCIAT Instructor Service Summer Skill Development
148312 84 ONCE UPON A STAR Instructor Service Preschool Events
148313 2,499 QWEST Telephone Telephone
148314 195 SIMPSON,PATRICIA AR Utility Water Enterprise Fund
148315 37 TANG,XUEFEI AR Utility Water Enterprise Fund
148316 470 WEEDMAN,NICOLE Mileage&Parking Youth Programs Administration
148317 3,740 CENTURYTEL Telephone Telephone
148318 304 EDEN PRAIRIE,CITY OF Building Utility Improvement Fund
148319 460 HENNEPIN COUNTY TREASURER Licenses&Taxes Concessions
148320 300 IACP Dues&Subscriptions Police
148321 205 MJOA Tuition Reimbursement/School Police
148322 180 ACE ICE COMPANY Misc Non-Taxable Den Road Liquor Store
148323 257 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store
148324 151 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store
148325 10,694 BELLBOY CORPORATION Operating Supplies Prairie View Liquor Store
148326 4,299 DAY DISTRIBUTING Beer Den Road Liquor Store
148327 5,170 EAGLE WINE COMPANY Wine Domestic Prairie Village Liquor Store
148328 4,675 EAST SIDE BEVERAGE COMPANY Beer Den Road Liquor Store
148329 192 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store
148330 211 GETTMAN COMPANY Misc Taxable Den Road Liquor Store
148331 586 GRAPE BEGINNINGS Wine Imported Prairie Village Liquor Store
148332 12,820 GRIGGS COOPER&CO Transportation Den Road Liquor Store
148333 1,772 HOHENSTEINS INC Beer Prairie Village Liquor Store
148336 37,538 JOHNSON BROTHERS LIQUOR CO Liquor Prairie Village Liquor Store
Check# Amount Vendor/Explanation Account Description Business Unit
148337 149 M.AMUNDSON LLP Misc Non-Taxable Den Road Liquor Store
148338 5,785 MARK VII Beer Prairie Village Liquor Store
148339 417 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store
148340 89 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store
148341 2,525 PAUSTIS&SONS COMPANY Wine Imported Den Road Liquor Store
148342 15,227 PHILLIPS WINE AND SPIRITS INC Wine Domestic Den Road Liquor Store
148343 3,914 PRIOR WINE COMPANY Wine Domestic Prairie Village Liquor Store
148344 17,431 QUALITY WINE&SPIRITS CO Liquor Prairie Village Liquor Store
148345 742 SPECIALTY WINES AND BEVERAGES Liquor Den Road Liquor Store
148346 7,626 THORPE DISTRIBUTING Beer Den Road Liquor Store
148347 1,822 WINE COMPANY,THE Wine Imported Den Road Liquor Store
148348 2,396 WINE MERCHANTS INC Wine Imported Den Road Liquor Store
148349 124 WINE SOURCE INTERNATIONAL Liquor Den Road Liquor Store
148350 1,616 WORLD CLASS WINES INC Wine Domestic Den Road Liquor Store
148351 9 BOARD OF POLICE COMMISSIONERS, Operating Supplies Police
148352 10,671 CARDMEMBER SERVICE Capital Under$2,000 Police
148353 69 CARLSON,DAN Other Contracted Services Police
148354 73 CUB FOODS EDEN PRAIRIE Operating Supplies Recreation Administration
148355 150 DONAHUE,ROBERT Awards City Manager
148356 450 EWALD ENTERTAINMENT Awards City Manager
148357 369 GOOD,JAMIE Clothing&Uniforms Police
148358 61 HABERLE,CARRI Clothing&Uniforms Police
148359 46 HENNEPIN COUNTY TREASURER Operating Supplies Planning
148360 4,629 KENNEDY,ROXANNE Clothing&Uniforms Ice Show
148361 282 LANZI,BOB Mileage&Parking Ice Arena
148362 630 MINNESOTA CHAPTER L,%M-J SCHAD Conference Expense Fire
148363 30 MINNESOTA DEPT OF AGRICULTURE Licenses&Taxes Park Maintenance
149364 40 MINNESOTA GFOA Dues&Subscriptions Finance
148365 200 MINNESOTA STATE FIRE CHIEFS AS Dues&Subscriptions Fire
148366 150 MPELRA Dues&Subscriptions Human Resources
148367 5,452 OLYMPIC HILLS GOLF CLUB Employee Award Human Resources
148368 354 PETTY CASH Dues&Subscriptions City Council
148369 133 PORTA,KITTY Mileage&Parking Elections
148370 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage General
148371 300 RAMSEY COUNTY SHERIFF'S DEPT. Deposits Escrow
148372 24 RONNING,EILEEN Other Contracted Services Classes/Programs/Evenis
148373 1,416 SKYHAWKS SPORTS ACADEMY Instructor Service Athletics
148374 160 SOCIETY FOR HUMAN RESOURCE MAN Dues&Subscriptions Human Resources
148375 100 STATE OF MINNESOTA Licenses&Taxes Fleet Services
148376 1,464 ARCH WIRELESS Pager&Cell Phone Wireless Communication
148377 5,578 ASPEN WASTE SYSTEMS INC. Waste Disposal Public Works/Parks
148378 160 ATOM Tuition Reimbursement/School Police
148379 725 BLOOMINGTON,CITY OF Kennel Services Animal Control
148380 107 BOVITZ,BECKY Lessons&Classes Ice Arena
148381 871 CARDMEMBER SERVICE Travel Expense City Council
148382 14,183 CENTERPOINT ENEGY Gas Den Road Liquor Store
148383 65,997 CENTERPOINT ENERGY SERVICES IN Gas Water Treatment Plant
148394 50 CULLIGAN BOTTLED WATER Operating Supplies Fire
148385 31 CULLIGAN-METRO Other Contracted Services Outdoor Center
148386 439 D'AMICO AND SONS Miscellaneous City Council
148387 3,467 DELL Computers Information Technology
148388 1,710 DEPARTMENT OF PUBLIC SAFETY Software Maintenance Information Technology
148389 724 DISH NETWORK Cable TV Community Center Admin
148390 471 DMX MUSIC Other Contracted Services Den Road Liquor Store
148391 28 DOVER,RUTH Program Fee Red Hat
148392 40 DOYLE,COLLEEN Program Fee Leisure Education
148393 80 ENVIROMATIC CORP Cash Over/Short General Fund
148394 418 FSH COMMUNICATIONS LLC Telephone Miller Park
148395 54 GALL,BETSY Lessons&Classes Ice Arena
148396 1,361 GE CAPITAL Other Rentals General
148397 98 GEIS,ROB Tuition Reimbursement/School Police
148398 200 GTS Conference Expense City Clerk
148399 2,160 HENNEPIN COUNTY MEDICAL CENTER Training Supplies Police
148400 1,665 HENNEPIN COUNTY SHERIFF'S OFFI Board of Prisoner Police
148401 266 INSTITUTE OF TRANSPORTATION EN Dues&Subscriptions Engineering
148402 138 KRUEGER,MARK Operating Supplies Police
148403 100,000 LEAGUE OF MINNESOTA CITIES Insurance Risk Management
148404 138 LEMPESIS,BILL Mileage&Parking Prairie View Liquor Store
149405 297 M LEE SMITH PUBLISHERS LLC Dues&Subscriptions Human Resources
Check# Amount Vendor/Explanation Account Description Business Unit
148406 26,250 MCF-LINO LAKES Other Contracted Services Street Maintenance
148407 446 MEA Conference Expense Park Maintenance
148408 548 METRO SALES INCORPORATED* Other Rentals General
148409 108 MIDLAND HEATING&AIR CONDITIO Mechanical Permits General Fund
148410 40 MINNESOTA COMMERCE DEPARTMENT Other Contracted Services Rehab
148411 120 MINNESOTA DEPT OF LABOR AND IN Contract Svcs-HVAC Community Center Maintenance
148412 1,631 MINNESOTA VALLEY ELECTRIC COOP Electric Traffic Signals
149413 920 MN TRANSPORTATION ALLIANCE Dues&Subscriptions Engineering
148414 119 MOLLDREM,JENEEN Lessons&Classes Ice Arena
148415 14 OLSEN FIRE PROTECTION Cash Over/Short General Fund
148416 385 PARK NICOLLET CLINIC Other Contracted Services Risk Management
148417 115 PEOPLE Dues&Subscriptions Fitness Center
148418 44 PETSMART Canine Supplies Police
148419 9 QUICKSILVER EXPRESS COURIER Postage Communication Services
148420 2,330 QWEST Telephone Water Utility-General
148421 200 SCOTT COUNTY Deposits Escrow
148422 4,477 SOUTHDALE YMCA YOUTH DEVELOPME Other Contracted Services Legal Council
148423 3,075 SOUTHWEST SUBURBAN PUBLISHING- Advertising Prairie Village Liquor Store
148424 628 ST CLOUD STATE UNIVERSITY Training Supplies Police
148425 2,500 STOREFRONT GROUP,THE Other Contracted Services Legal Council
148426 45 T LEON ANDERSON CONSTRUCTION Cash Over/Short General Fund
148427 45 TIME WARNER CABLE Dues&Subscriptions City Council
148428 95 TWIN CITIES HUMAN RESOURCES AS Dues&Subscriptions Human Resources
148429 511 VERIZON DIRECTORIES CORP Advertising Den Road Liquor Store
148430 44 VERIZON WIRELESS Pager&Cell Phone Street Maintenance
148431 121 VOLUNTEER FIREFIGHTERS BENEFIT Dues&Subscriptions Fire
148432 75 WHITE,NICOLE Mileage&Parking Therapeutic Rec Administration
148433 54,841 XCEL ENERGY Electric Den Bldg.-CAM
148434 263 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center
148435 56 AASE,STEPHEN AR Utility Water Enterprise Fund
148436 1,110 ALEXANDRIA TECHNICAL COLLEGE Conference Expense Fire
148437 560 ASCAP Licenses&Taxes Recreation Administration
148438 80 BOLD,PAULINE Instructor Service Outdoor Center
148439 320 CAMPOS,LORI Instructor Service Outdoor Center
148440 519 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General
148441 100 ENSTAD,TERRANCE Mileage&Parking Inspections-Administration
148442 2,200 G&K SERVICES Clothing&Uniforms Sewer Utility-General
148443 22 GRAVES,MARIAN Program Fee Trips
148444 459 HENNEPIN COUNTY I/T DEPT Software Maintenance Information Technology
148445 1,243 HOME DEPOT CREDIT SERVICES Supplies-General Bldg City Hall-CAM
148446 25 ICE SKATING INSTITUTE Licenses&Taxes Ice Arena
148447 600 METROPOLITAN AIRPORTS COMMISSI Other Rentals Flying Cloud Fields
148448 1,454 MINNESOTA VALLEY ELECTRIC COOP Improvement Contracts 212/Charlson Rd.Intersectio
148449 9 NORTHERN TOOL Operating Supplies Street Maintenance
148450 240 OBERLANDER,CHRISTINE Tuition Reimbursement/School - Fire
148451 3,664 RELIASTAR LIFE INSURANCE CO Disability Ins Employers Health and Benefits
148452 96 SORENSEN,ED Mileage&Parking Water Utility-General
148453 14 SUMMIT FIRE PROTECTION Cash Over/Short General Fund
148454 100 SUSA Dues&Subscriptions Water Utility-General
148455 69 TEKIELA,STAN Operating Supplies Outdoor Center
148456 40 TREASURER,STATE OF MINNESOTA Conference Expense Heritage Preservation
148457 2,000 WHITE,KEVIN Tuition Reimbursement/School Organizational Services
148458 598 WORKING FIRE TRAINING Tuition Reimbursement/School Fire
148459 198 ACE ICE COMPANY Misc Non-Taxable Den Road Liquor Store
148460 126 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie Village Liquor Store
148461 80 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store
148462 5,289 BELLBOY CORPORATION Operating Supplies Den Road Liquor Store
148463 7,710 DAY DISTRIBUTING Beer Prairie Village Liquor Store
148464 2,926 EAGLE WINE COMPANY Wine Domestic Den Road Liquor Store
149465 10,022 EAST SIDE BEVERAGE COMPANY Beer Prairie Village Liquor Store
148466 288 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store
148467 532 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store
148468 24,044 GRIGGS COOPER&CO Liquor Prairie Village Liquor Store
148470 25,879 JOHNSON BROTHERS LIQUOR CO Liquor Den Road Liquor Store
148471 256 M.AMUNDSON LLP Misc Non-Taxable Den Road Liquor Store
148472 13,224 MARK VII Beer Prairie Village Liquor Store
148473 797 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store
148474 692 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store
148475 3,323 PAUSTIS&SONS COMPANY Transportation Den Road Liquor Store
Check# Amount Vendor/Explanation Account Description Business Unit
148476 13,561 PHILLIPS WINE AND SPIRITS INC Wine Domestic Den Road Liquor Store
148477 3,737 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store
148479 46,823 QUALITY WINE&SPIRITS CO Wine Domestic Den Road Liquor Store
148480 101 SPECIALTY WINES AND BEVERAGES Liquor Den Road Liquor Store
148481 841 STAN MORGAN &ASSOCIATES INC. Operating Supplies Den Road Liquor Store
148482 16,428 THORPE DISTRIBUTING Beer Den Road Liquor Store
148483 152 TRUE FABRICATIONS Misc Taxable Den Road Liquor Store
148484 339 VINTAGE ONE WINES INC Wine Domestic Den Road Liquor Store
148485 2,148 WINE COMPANY,THE Wine Domestic Den Road Liquor Store
148486 2,611 WINE MERCHANTS INC Wine Domestic Den Road Liquor Store
148487 242 WINE SOURCE INTERNATIONAL Wine Imported Den Road Liquor Store
148488 1,050 WORLD CLASS WINES INC Wine Domestic Den Road Liquor Store
148489 240 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events
148490 330 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events
148491 87 AL'S TRUE VALUE Operating Supplies Park Maintenance
148492 543 ALLMANN,ANDREW Tuition Reimbursement/School Organizational Services
148493 2,825 ATOM Tuition Reimbursement/School Police
148494 106 BROWNING,RYAN Miscellaneous Information Technology
148495 195 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund
148496 42 CROWN MARKING INC Miscellaneous Community Development Admin.
148497 15 DUNWIDDIE,REBECCA Program Fee Leisure Education
148498 747,000 EDEN PRAIRIE FIREFIGHTER'S REL Fire Relief Pension Payment Fire
148499 184 FARRELL,RACHEL Parking Permits Parking
148500 706 FERRELLGAS Gas Outdoor Center
148501 113 GE CAPITAL Other Rentals General
148503 1,860 GENUINE PARTS COMPANY Equipment Parts Fleet Services
148504 148 GIRLS ON THE RUN Operating Supplies Fitness Classes
148505 975 GTS Conference Expense Information Technology
148506 1,500 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund
148507 85 LOETTERLE,CONNIE Events/Admission Fee Ice Show
148508 39,194 LOGIS LOGIS Information Technology
148509 185,752 MEDICA Medical Bills Prepaid Health and Benefits
148510 214 MENARDS Operating Supplies Water Utility-General
148511 1,215 METRO SALES INCORPORATED* Office Supplies General
148512 1,492 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund
148513 180 MINNESOTA DEPT OF REVENUE Garnishment Withheld General Fund
148514 79 MOTOROLA Equipment Repair&Maint Wireless Communication
148515 214 NATIONAL WATERWORKS Small Tools Water Utility-General
148516 58 NEAL,SCOTT Miscellaneous City Manager
148517 52 NESBITT,DENNY Mileage&Parking Inspections-Administration
148518 8,000 NEW HORIZONS MINNESOTA Conference Expense Information Technology
148519 146 PARK NICOLLET CLINIC Other Contracted Services Risk Management
148520 49 PAULSON,CYNTHIA Lessons&Classes Fitness Classes
148521 362 PITNEY BOWES Office Supplies General
148522 7,531 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store
148523 416 PROP United Way Withheld General Fund
148524 294 QUINN,RYAN Other Revenue General Fund
148525 320 SCOTT COUNTY Deposits Escrow
148526 5,932 STANDARD INSURANCE CO Life Insurance EE/ER Health and Benefits
148527 128 STEINER,SHARON Operating Supplies Red Hat
148528 10 ULI-THE URBAN LAND INSTITUTE Miscellaneous City Council
148529 445 UNITED WAY United Way Withheld General Fund
148530 62 VERIZON DIRECTORIES CORP Advertising Community Center Admin
148531 826 W P&R S MARS CO Signs Water Treatment Plant
148532 80 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center
148533 500 ANDERSON,STEVE Tuition Reimbursement/School Police
148534 425 ATOM Tuition Reimbursement/School Police
148535 465 BARBARA SCHNEIDER FOUNDATION Tuition Reimbursement/School Police
148536 100 BARTOK,GABOR Refunds Environmental Education
148537 100 BATES,NANCY&JA1vIES Refunds Environmental Education
148538 50 BOLD,PAULINE Instructor Service Outdoor Center
148539 100 BRATTEBO,JEANINE Refunds Environmental Education
148540 210 CAMPOS,LORI Instructor Service Outdoor Center
148541 7,480 CARDMEMBER SERVICE Conference Expense Finance
148542 90 CINGULAR WIRELESS Pager&Cell Phone Police
148543 954 EPIC DEVELOPMENT Deposits Escrow
148544 1,006 EPIC DEVELOPMENT Deposits Escrow
148545 180 FBINAA Dues&Subscriptions Police
148546 85 GE CAPITAL Other Rentals General
Check# Amount Vendor/Explanation Account Description Business Unit
148547 107 GIRARD'S BUSINESS SOLUTIONS IN Other Rentals Finance
148548 100 HAINES,MICHELLE Refunds Environmental Education
148549 1,127 HENNEPIN COUNTY ATTORNEY'S OFF Miscellaneous DWI Forfeiture
148550 100 IACP Dues&Subscriptions Police
148551 40 INT'L NARCOTIC ENFORCEMENT OFF Dues&Subscriptions Police
148552 100 JAYASURIYA,LAWRENCE Refunds Environmental Education
148553 100 LUDOWESE,ERIN Refunds Environmental Education
148554 100 MCCOY,JAMES W Refunds Environmental Education
148555 1,113 MEALS ON WHEELS Other Contracted Services Housing,Trans,&Human Sery
148556 150 MERSC Dues&Subscriptions City Manager
148557 74 MINN OFFICE OF ENTERPRISE TECH Software Maintenance Information Technology
148558 100 MIRANDA,ALLEN Refunds Environmental Education
148559 50 MN/SCIA Tuition Reimbursement/School Police
148560 157 MORROW,JAMES Travel Expense Capital Impr./Maint.Fund
148561 300 MRSC Dues&Subscriptions Police
148562 275 NATIONAL WHITE COLLAR CRIME CE Tuition Reimbursement/School Police
148563 100 NOSAL,MARC Refunds Environmental Education
148564 100 OTTESON,STEVEN M Refunds Environmental Education
148565 344 PITNEY BOWES INC Other Rentals General
148566 10,049 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store
148567 235 QWEST Telephone Forest Hills Park
148568 4,964 TOYOTA FINANCIAL SERVICES Miscellaneous DWI Forfeiture
148569 680 VERIZON DIRECTORIES Advertising Community Center Admin
148570 34 VERIZON WIRELESS Pager&Cell Phone Police
148571 78 WALMART COMMUNITY Operating Supplies Ice Arena
148572 36 WILSON,JOHN D. Operating Supplies Police
148573 362 ATHLETICA Advertising Park Acquisition&Development
148574 25 CHANIN,MARIA Program Fee Outdoor Center
148575 2 CRONSTROM'S HEATING&A/C Cash Over/Short General Fund
148576 40 DEPARTMENT OF COMMERCE Licenses&Taxes Assessing
148577 2,000 EDEN PRAIRIE,CITY OF Other Revenue WAFTA
148578 33 FEDEX Postage Police
148579 124 FERRELLGAS Motor Fuels Fleet Services
148580 95 HANSON,BARB AR Utility Water Enterprise Fund
148581 2,745 IND SCHOOL DIST 272 Other Contracted Services Housing,Trans,&Human Sery
148582 10 IVERSON,LORALEE Program Fee Outdoor Center
148583 175 KRAEMERS HARDWARE INC Small Tools Water Utility-General
148584 61 KRESS,CARLA Mileage&Parking Senior Center Administration
148585 28 PREMIER AR Utility Water Enterprise Fund
148586 336 QWEST Telephone Sewer Liftstation
148587 65 RECYCLING ASSOCIATION OF MINNE Dues&Subscriptions Recycle Rebate
148588 225 RICHARDSON,JIM Operating Supplies Summer Skill Development
148589 111 ROBERTS COMPANY INC Operating Supplies City Manager
148590 23 ROYAL MECHANICAL Cash Over/Short General Fund
148591 195 RUMPCA CO INC Waste Disposal Tree Removal
148592 43 RUTLEDGE,BARBARA Memberships Community Center Admin
148593 69 SIMPLEXGRINNELL LP Fire Prevention Permits General Fund
148594 100 SOLBERG,BOB Refunds Environmental Education
148595 1,750 SOUTHWEST METRO TRANSIT Deposits Escrow
148596 7 STAR TRIBUNE Misc Non-Taxable Den Road Liquor Store
148597 50 STATE OF MINNESOTA Legal Legal Council
148598 100 STYPULA,MAREE Refunds Environmental Education
148599 214 TIME WARNER CABLE Dues&Subscriptions City Council
148600 1,400 TOTAL REGISTER Equipment Repair&Maint Den Road Liquor Store
148601 431 U S BANK Paying Agent G.O.Improvement Bonds 2003D
148602 138 VICTORIA REPAIR&MFG Other Contracted Services Park Maintenance
148603 2,250 WATSON CO INC,THE Merchandise for Resale Concessions
148604 1,100 WELLS FARGO BANK MINNESOTA NA Paying Agent G.O.Improvement Bonds 2006A
148605 37 WIVELL,CHERI Program Fee Leisure Education
148606 38,487 XCEL ENERGY Electric Water Treatment Plant
148607 463 A TO Z RENTAL CENTER Supplies-General Bldg Park Shelters
148608 635 ABM EQUIPMENT AND SUPPLY COMPA Equipment Repair&Maint Fleet Services
148609 16,300 ALLIED BLACKTOP CO Seal Coating Street Maintenance
148610 10,208 AMERICAN PRESSURE INC Machinery&Equipment Fleet Services
148611 611 AMERICAN RED CROSS Recreation Supplies Pool Lessons
148612 2,047 AMSAN BRISSMAN-KENNEDY Equipment Parts General Facilities
148613 192 ANCHOR PRINTING COMPANY Printing Fire
148614 93 ANIXTER INC Operating Supplies Wireless Communication
148615 758 APPLIED ECOLOGICAL SERVICES IN Other Contracted Services 212/Charlson Rd.Intersectio
Check# Amount Vendor/Explanation Account Description Business Unit
148616 165 ASPEN EQUIPMENT CO. Equipment Parts Fleet Services
148617 5,229 ASSOCIATED BAG COMPANY Operating Supplies Inspections-Administration
148618 175 BCA-BTS Tuition Reimbursement/School Police
148619 180 BEAL,CARLY Other Contracted Services Adult Open Gym
148620 39,692 BECKER ARENA PRODUCTS INC Building Capital Impr./Maint.Fund
148621 67 BERRY COFFEE COMPANY Operating Supplies Classes/Programs/Events
148622 1,031 BLOOMINGTON SECURITY SOLUTIONS Supplies-General Bldg Community Center Maintenance
148623 949 BLOOMINGTON,CITY OF Other Contracted Services Park Maintenance
148624 13,700 BLUE WATER SCIENCE Other Contracted Services Storm Drainage
148625 303 BOYER TRUCKS SO.ST.PAUL Equipment Parts Fleet Services
148626 230 BRAUN INTERTEC CORPORATION Testing-Soil Boring ADC PROJECT
148627 325 BUCK,BRENT Other Contracted Services Basketball
148628 1,761 BUCK,NATHAN Other Contracted Services Volleyball
148629 15 CABELA'S MKTG&BRAND MGT INC Clothing&Uniforms Police
148630 171 CAMPBELL KNUTSON,P.A. Legal WAFTA
148631 520 CIT Conference Expense Information Technology
148632 1,371 CLAREYS INC Conference Expense Parks Administration
148633 175 CLOSED CIRCUIT SPECIALISTS INC Equipment Parts Wireless Communication
148634 935 CONCRETE CUTTING&CORING INC Small Tools Street Maintenance
148635 1,476 CORPORATE EXPRESS Office Supplies General
148636 613 COSTCO Operating Supplies Fire
148637 42 CROWN MARKING INC Operating Supplies Assessing
148638 280 D'AMICO AND SONS Miscellaneous City Council
148639 1,406 DECORATIVE DESIGNS INC Contract Svcs-Int.Landscape City Hall-CAM
148640 68 DELEGARD TOOL CO Equipment Repair&Maint Park Maintenance
148641 47 DIGI-KEY Operating Supplies Wireless Communication
148642 26,393 DIVERSE BUILDING MAINTENANCE Janitor Service Public Works/Parks
148643 1,321 DNR Awards Volleyball
148644 504 DOHERTY,SANDRA L Other Contracted Services Volleyball
148645 220 DOODY MECHANICAL SERVICE Contract Svcs-Plumbing City Hall-CAM
148646 861 EAGLE OPTICS Grants-Other Outdoor Center
148647 711 EARL F ANDERSEN INC Signs Traffic Signs
148648 763 ECOLAB INC Contract Svcs-Pest Control Fire Station#5
148649 250 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous Organizational Services
148650 19 EDEN PRAIRIE WINLECTRIC Operating Supplies Traffic Signals
148651 433 EGAN OIL COMPANY Lubricants&Additives Fleet Services
148652 27 ELVIN SAFETY SUPPLY INC Employment Support Test Fire
148653 300 FALCK,TIMOTHY R Other Contracted Services Broomball
148654 18 FASTENAL COMPANY Supplies-General Bldg Community Center Maintenance
148655 25,106 FINLEY BROS INC Improvements to Land Park Acquisition&Development
148656 481 FLEET MAINTENANCE INC Equipment Repair&Maint Fleet Services
148657 99 FLYING CLOUD ANIMAL_HOSPITAL Canine Supplies Police
148658 340 FORCE AMERICA Equipment Parts Fleet Services
148659 217 G&K SERVICES Clothing&Uniforms Water Utility-General
148660 3,196 GEOMATRIXCONSULTANTS INC Other Contracted Services WAFTA
148661 1,550 GME CONSULTANTS INC Other Contracted Services Fire Station#4
148662 2,270 GRAINGER Small Tools Fleet Services
148663 53,221 GREENSIDE INC Contract Svcs-Snow Removal City Hall-CAM
148664 121 GROTH MUSIC Operating Supplies Community Band
148665 126 GS DIRECT Office Supplies Planning
148666 3,055 GUNNAR ELECTRIC CO INC Building Repair&Maint. Outdoor Center
148667 458 HALDEMANN HOMME INC Printing Assessing
148668 4,433 HANSEN THORP PELLINEN OLSON Other Contracted Services Storm Drainage
148669 32,009 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services
148670 248 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire
148671 48 HENNEPIN TECHNICAL COLLEGE Training Supplies Fire
148672 650 HENRY,PAUL Other Contracted Services Broomball
148673 163 HOLMES,DAVE Other Contracted Services Basketball
148674 1,802 HOLMES,JOHN CARTER Other Contracted Services Basketball
148675 597 HOLMES,TOM Other Contracted Services Volleyball
148676 705 ICERINK SUPPLY CO Contract Svcs-Ice Rink Ice Arena Maintenance
148677 14 ICI DULUX PAINT CTRS Small Tools Street Maintenance
148678 4,573 IND SCHOOL DIST 272 Other Contracted Services Oak Point Operations
148679 1,092 INDUSTRIAL LIGHTING SUPPLY INC Building Repair&Maint. Water Treatment Plant
148680 2,304 INSIGHT PUBLIC SECTOR Software and Hardware Information Technology
148681 298 INSTITUTE FOR ENVIRONMENTAL AS Equipment Parts Park Acquisition&Development
148682 32 J-CRAFT DIV OF CRYSTEEL MFG IN Equipment Parts Fleet Services
148683 1,012 JANEX INC Cleaning Supplies Community Center Maintenance
148684 13 JOHN HENRY FOSTER MINNESOTA IN Equipment Repair&Maint Water Treatment Plant
Check# Amount Vendor/Explanation Account Description Business Unit
148685 1,198 KEEPERS Clothing&Uniforms Police
148686 2,816 LAMETTRYS COLLISION Equipment Repair&Maint Fleet Services
148687 24,029 LANDFORM ENGINEERING COMPANY Design&Engineering ADC PROJECT
148688 91 LEROY JOB TRUCKING INC Other Contracted Services Animal Control
148689 51 MACQUEEN EQUIPMENT INC Repair&Maint.Supplies Water System Maintenance
148690 175 MARGO,MICHELLE Other Contracted Services Broomball
148691 106 MARSHALLS FARM Operating Supplies Sunbonnet Days
148692 1,716 MAXI-PRINT INC Printing Police
148694 784 MENARDS Operating Supplies Traffic Signs
148695 680 METROPOLITAN FORD Equipment Parts Fleet Services
148696 315 MIDWAY INDUSTRIAL SUPPLY CO IN Supplies-Plumbing Fire Station#1
148697 694 MIDWEST ASPHALT CORPORATION Repair&Maint.Supplies Water System Maintenance
148698 104 MIDWEST DESIGN CO Printing Communication Services
148699 154 MIDWEST ENGINE SERVICE&SUPPL Equipment Repair&Maint Park Maintenance
148700 3,530 MIDWEST FENCE&MFG COMPANY Other Contracted Services Park Maintenance
148701 350 MIDWEST TAPE&RIBBON INC Advertising Prairie Village Liquor Store
148702 248 MIDWEST TELETRON INC Equipment Parts Wireless Communication
148703 340 MILLER DUNWIDDIE Building Capital Impr./Maint.Fund
148704 1,266 MINNESOTA GLOVE INC Safety Supplies Fleet Services
148705 348 MINNESOTA HORSE&HUNT CLUB Other Rentals Police
148706 13 MINNESOTA WANNER COMPANY Supplies-General Bldg Public Works/Parks
148707 897 MITY-LITE INC Equipment Repair&Maint Senior Center Operations
148708 20 MN DEPT.OF LABOR AND INDUSTRY Licenses&Taxes Water Treatment Plant
148709 147 MOBILE RADIO ENGINEERING Equipment Repair&Maint Wireless Communication
148710 88 MURRAY,JOHN Other Contracted Services Basketball
148711 2,033 NATIONAL WATERWORKS Operating Supplies Water Utility-General
148712 675 NFPA Dues&Subscriptions Fire
148713 223 NORTHERN SAFETY TECHNOLOGY INC Equipment Repair&Maint Fleet Services
148714 5,259 NORT14SHORE ADVISORS LLC Audit&Financial Finance
148715 4,631 NORTHWEST ASPHALT Improvement Contracts Construction Fund
148716 18 NORTHWEST RESPIRATORY SERVICE Operating Supplies Fire
148717 160 NUCO2 INC Chemicals Pool Maintenance
148718 565 OLSEN COMPANIES Operating Supplies Traffic Signals
148719 108 OLSENS EMBROIDERY/COMPANY Clothing&Uniforms Police
148720 2,125 ON-LINE IMAGING Microfilming Service Records Management
148721 489 OSI BATTERIES INC Operating Supplies Traffic Signs
148722 8,193 PCS TECHNOLOGIES INC Other Hardware Capital Impr./Maint.Fund
148723 1,651 PEPSI COLA COMPANY Merchandise for Resale Concessions
148724 187 PERSONAL TOUCH TECHNOLOGIES IN Equipment Repair&Maim Information Technology
148725 278 PETERSON ENVIRONMENTAL CONSULT Other Contracted Services Storm Drainage
148726 39 POKORNY COMPANY Supplies-Plumbing Community Center Maintenance
148727 77 POWERPLAN OIB Equipment Parts Fleet Services
148728 1,933 PRAIRIE ELECTRIC COMPANY Supplies-Electrical Senior Center
148729 869 PRINTERS SERVICE INC Contract Svcs-Ice Rink Ice Arena Maintenance
148730 335 PUSH PEDAL PULL Equipment Repair&Maint Fitness Center
148731 382 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
148732 480 REBS MARKETING Other Contracted Services Water Accounting
148733 6,525 RENEWAL BY ANDERSEN Other Contracted Services Rehab
148734 104 RIDGEVIEW MEDICAL CENTER Other Contracted Services Risk Management
148735 1,018 SCHARBER&SONS Equipment Parts Fleet Services
148736 3,934 SHORT ELLIOTT HENDRICKSON INC Design&Engineering Improvement Projects 1996
148737 167 SHRED-IT Waste Disposal City Center Operations
148738 279 SNAP-ON TOOLS Small Tools Fleet Services
148739 2,662 SOUTHWEST SUBURBAN PUBLISHING- Printing Communication Services
148740 1,905 SPS COMPANIES Supplies-Plumbing Community Center Maintenance
148741 20,263 SRF CONSULTING GROUP INC Design&Engineering Charlson Area Construction
148742 45 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Services
148744 14,288 STREICHERS Clothing&Uniforms Police
148745 400 SUBURBAN CHEVROLET Equipment Parts Fleet Services
148746 823 SUN NEWSPAPERS Legal Notices Publishing City Clerk
148747 1,904 SUPERIOR PRODUCTS MFG CO Capital Under$2,000 Park Acquisition&Development
148748 4,281 TAHER INC CATERING Other Contracted Services City Manager
148749 117 TANK RENU/RADIATOR WEST Equipment Repair&Maint Fleet Services
148750 428 TECHWARE DISTRIBUTION INC Video&Photo Supplies Communication Services
148751 112 TEE JAY NORTH INC Contract Svcs-General Bldg Community Center Maintenance
148752 455 TKDA Design&Engineering Capital Impr./Maint.Fund
148753 144 TOMS WINDOW CLEANING Janitor Service-General Bldg Den Road Building
148754 526 TRANS ALARM INC Contract Svcs-Security Police City Center
148755 42 TWIN CITY FILTER SERVICE INC Supplies-HVAC City Hall-CAM
Check# Amount Vendor/Explanation Account Description Business Unit
148756 263 TWIN CITY OXYGEN CO Lubricants&Additives Fleet Services
148757 638 UNIFORMS UNLIMITED Clothing&Uniforms Animal Control
148758 824 UNIQUE PAVING MATERIALS Repair&Maim.Supplies Water System Maintenance
148759 719 UNLIMITED SUPPLIES INC Equipment Parts Fleet Services
148760 64,693 VALLEY PAVING INC, Improvement Contracts Improvement Projects 1996
148761 77,980 VALLEY RICH CO INC Other Contracted Services Water System Maintenance
148762 858 VIKING ELECTRIC SUPPLY Supplies-Electrical City Hall-CAM
148763 20 VIKING TROPHIES Operating Supplies Girls on the Run
148764 778 VOSS LIGHTING Supplies-Electrical Community Center Maintenance
148765 103 W P&R S MARS CO Equipment Parts Fleet Services
148766 470 WALL TRENDS INC Contract Svcs-General Bldg Police City Center
148767 93 WATER SPECIALTY OF MN INC Chemicals Pool Maintenance
148768 3,299 WATSON CO INC,THE Merchandise for Resale Concessions
148769 3,183 WESTSIDE EQUIPMENT Equipment Repair&Maint Fleet Services
148770 4,272 WM MUELLER AND SONS INC Sand Snow&Ice Control
148771 18,310 YALE MECHANICAL INC Machinery&Equipment Capital Impr./Maint.Fund
148772 132 ZACKS INC Small Tools Water Utility-General
148773 143 ZEE MEDICAL SERVICE Safety Supplies Pool Operations
4,414,522 Grand Total
CITY COUNCIL AGENDA DATE:
SECTION: Report of the Parks and Recreation Director February 7,2006
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIII.D. 1.
Robert A. Lambert,Director Contract for Architectural Services for
Parks and Recreation Community Center Expansion
Requested Action
Move to: Approve the phase I portion of the proposal from Delano Erickson Architects for a
cost not to exceed$90,000.
Synopsis
Del Erickson has provided a proposal that has addressed the City's request for proposal with a not to
exceed cost for each of the three phases defined in the RFP. Mr. Erickson has provided a relatively
conservative estimate for each of the three phases based on the current budget;however,there are so
many unknowns in this project,that both he and city staff would be more comfortable committing to
a not-to-exceed cost for phase two and phase three after the City Council has approved a final
schematic design and he has had an opportunity to learn more about the existing conditions in the
portion of the building that will have to be remodeled.Assuming the City Council would approve
the phase one portion of this contract, city staff would come back to the City Council for final
approval of a contract for phase two and phase three at the completion of the program and schematic
design phase.
Attachment
Contract for Services
STANDARD AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made on the 7th day of February, 2006, between the City of Eden Prairie,
Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344,
and Delano Erickson Architects . a Minnesota corporation (hereinafter"Consultant") whose business
address is 10700 Highway 55, Suite 308, Plymouth, MN 55441
PRELIMINARY STATEMENT
The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of
professional services for City projects. That policy requires that persons, firms or corporations providing
such services enter into written agreements with the City. The purpose of this agreement is to set forth the
terms and conditions for the provision of architectural professional services by Consultant for
Eden Prairie Community Center Expansion—Phase 1 Program and Design hereinafter
referred to as the"Work".
The City and Consultant agree as follows:
1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit"A"in
connection with the Work.
2. Time for Performance of Services. The Consultant shall perform the services described in
Exhibit A within the following timeframe unless otherwise agreed upon in writing:
3. Compensation for Services. City agrees to pay the Consultant NTE$90,000 for the
Phase 1 services as described in Paragraph 1 (and Exhibit A).
A. Any changes in the scope of the work which may result in the compensation due the
Consultant shall require prior written approval by an authorized representative of the City or
by the City Council. The City will not pay additional compensation for services that do not
have prior written authorization.
B. Special Consultants may be utilized by the Consultant when required by the complex or
specialized nature of the Project and when authorized in writing by the City.
C. City agrees to pay Consultant for extra services by the Consultant or Special Consultants
when authorized in writing by the City.
4. The City agrees to provide the Consultant with the complete information concerning the Scope of
the Work and to perform the following services:
A. Access to the Area. Depending on the nature of the Work, Consultant may from time to
time require access to public and private lands or property. As may be necessary the City
shall obtain access to and make all provisions for the Consultant to enter upon public and
private lands or property as required for the Consultant to perform such services necessary
to complete the Work.
B. Consideration of the Consultant's Work. The City shall give thorough consideration to all
reports, sketches, estimates, drawings, and other documents presented by the Consultant,
1
and shall inform the Consultant of all decisions required of City within a reasonable time so
as not to delay the work of the Consultant.
C. Standards. The City shall furnish the Consultant with a copy of any standard of criteria,
including but not limited to, design and construction standards they may require in the
preparation of the report for the Project.
D. Owner's Representative. A person shall be appointed to act as the City's representative
with respect to the work to be performed under this Agreement. He or she shall have
complete authority to transmit instructions, receive information, interpret, and define the
City's policy and decisions with respect to the services provided or materials, equipment,
elements and systems pertinent to the work covered by this Agreement.
5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, itemized bills for
professional services performed under Section 4 of this Agreement. Bills submitted shall be paid in
the same manner as other claims made to the City.
A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate
for each employee, his or her name, job title, the number of hours worked, rate of pay for
each employee, a computation of amounts due for each employee, and the total amount
due for each project task. Consultant shall verify all statement submitted for payment in
compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable
expenses, if permitted in Exhibit A, the Consultant shall provide such documentation as
reasonably required by the City.
B. Suspended Work. If any work performed by the Consultant is suspended in whole or in part
by the City, the Consultant shall be paid for any services performed on account of it prior to
receipt of written notice from the City of such abandonment or suspension, all as shown on
Exhibit A attached hereto and incorporated herein by reference.
C. Payments for the Consultant's Reimbursable Costs. The Consultant shall be reimbursed for
the work of special consultants, as described in Section 3B, and for other items when
authorized in writing by the City. Such items shall include: transportation of principals and
employees on special trips to the Project or to other locations, materials and supplies, and
AutoCAD as required to expedite the work, and reproduction of reports.
7. Project Manager and Staffing. The Consultant has designated Del Erickson to serve on
the Project. They shall be assisted by other staff members as necessary to facilitate the completion
of the Project in accordance with the terms established herein. Consultant may not remove or
replace Del Erickson , from the Project without the approval of the City.
8. Standard of Care. All Work performed pursuant to this Agreement shall be in accordance with
the standard of care in Hennepin County, Minnesota for professional services of the like kind..
9. Audit Disclosure. The Consultant shall allow the City or its duly authorized agents reasonable
access to such of the Consultant's books and records as are pertinent to all services provided
under this Agreement. Any reports, information, data, etc. given to, or prepared or assembled by,
the Consultant under this Agreement which the City requests to be kept confidential shall not be
made available to any individual or organization without the City's prior written approval. All finished
or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and
reports prepared by the Consultant shall become the property of the City upon termination of this
2
Agreement, but Consultant may retain copies of such documents as records of the services
provided.
10. Term. The term of this Agreement shall be from February 7,2006 through July 30, 2006 the date
of signature by the parties notwithstanding. This Agreement may be extended upon the written
mutual consent of the parties for such additional period as they deem appropriate, and upon the
terms and conditions as herein stated.
11. Termination. This Agreement may be terminated by either party by seven (7) days'written notice
delivered to the other party at the address written above. Upon termination under this provision if
there is no fault of the Consultant, the Consultant shall be paid for services rendered and
reimbursable expenses until the effective date of termination. If however, the City terminates the
Agreement because of the Consultant has failed to perform in accordance with this Agreement, no
further payment shall be made to the Consultant, and the City may retain another contractor to
undertake r co in Paragraph 1. If as a result the City incurs total costs
o complete the work identified g p ty
for the work (including payments to both the present contractor and a future contractor) which
exceed a maximum Agreement amount, if any, specified under Paragraph 3, then the Consultant
shall be responsible for the difference between the cost actually incurred and the Agreement
amount.
12. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this
Agreement except as noted in the Scope of Work, without the express written consent of the City.
The Consultant shall pay any subcontractor involved in the performance of this Agreement within
the ten (10) days of the Consultant's receipt of payment by the City for undisputed services
provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any
undisputed amount for which the Consultant has received payment by the City,the Consultant shall
pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any
part of a month. The minimum monthly interest penalty payment for an unpaid balance of$100 or
more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest
penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest
penalties from the Consultant shall be awarded its costs and disbursements, including attorney's
fees, incurred in bringing the action.
13. Independent Consultant. At all times and for all purposes herein, the Consultant is an
independent contractor and not an employee of the City. No statement herein shall be construed
so as to find the Consultant an employee of the City.
14. Non-Discrimination. During the performance of this Agreement, the Consultant shall not
discriminate against any employee or applicants for employment because of race, color, creed,
religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual
orientation or age. The Consultant shall post in places available to employees and applicants for
employment, notices setting forth the provision of this non-discrimination clause and stating that all
qualified applicants will receive consideration for employment. The Consultant shall incorporate the
foregoing requirements of this paragraph in all of its subcontracts for program work, and will require
all of its subcontractors for such work to incorporate such requirements in all subcontracts for
program work. The Consultant further agrees to comply with all aspects of the Minnesota Human
Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the
Americans with Disabilities Act of 1990.
15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the
written consent of the other party.
3
16. Services Not Provided For. No claim for services furnished by the Consultant not specifically
provided for herein shall be honored by the City.
17. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any
reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect
the remaining provisions of this Agreement.
18. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement
supersedes all oral agreements and negotiations between the parties relating to the subject matter
hereof as well as any previous agreements presently in effect between the parties relating to the
subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this
Agreement shall be valid only when expressed in writing and duly signed by the parties, unless
otherwise provided herein.
19. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall
abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services to be
provided. The Consultant and City, together with their respective agents and employees, agree to
abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes Section 13, as
amended, and Minnesota Rules promulgated pursuant to Chapter 13. Any violation of statutes,
ordinances, rules and regulations pertaining to the services to be provided shall constitute a
material breach of this Agreement and entitle the City to immediately terminate this Agreement.
20. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect,
in any respect, the validity of the remainder of this Agreement.
21. Indemnirication. Consultant agrees to defend, indemnify and hold the City, its officers, and
employees harmless from any liability, claims, damages, costs, judgments, or expenses, including
reasonable attorney's fees, resulting directly or indirectly from a negligent act or omission (including
without limitation professional errors or omissions) of the Consultant, its agents, employees, or
subcontractors in the performance of the services provided by this Agreement and against all
losses by reason of the failure of said Consultant fully to perform, in any respect, all obligations
under this Agreement.
22. Insurance.
A. General Liability. During the term of this Agreement, Consultant shall maintain a general
liability insurance policy with limits of at least $2,000,000 for each person, and each
occurrence, for both personal injury and property damage. This policy shall name the City
as an additional insured for the services provided under this Agreement and shall provide
that the Consultant's coverage shall be the primary coverage in the event of a loss. The
policy shall also insure the indemnification obligation contained in Paragraph No. 21. A
certificate of insurance on the City's approved form which verifies the existence of this
insurance coverage must be provided to the City before work under this Agreement is
begun.
B. Worker's Compensation. The Consultant shall secure and maintain such insurance as will
protect Consultant from claims under the Worker's Compensation Acts and from claims for
bodily injury, death, or property damage which may arise from the performance of
Consultant's services under this Agreement.
4
C. Professional Liability Insurance. The Consultant agrees to provide to the City a certificate
evidencing that they have in effect, with an insurance company in good standing and
authorized to do business in Minnesota, a professional liability insurance policy. Said policy
shall insure payment of damage for legal liability arising out of the performance of
professional services for the City, in the insured's capacity as the Consultant, if such legal
liability is caused by an error, omission, or negligent act of the insured or any person or
organization for whom the insured is legally liable. Said policy shall provide an aggregate
limit of$2,000,000.
23. Records Access. The Consultant shall provide the City access to any books, documents, papers,
and records which are directly pertinent to the specific contract, for the purpose of making audit,
examination, excerpts, and transcriptions, for three years after final payments and all other pending
matters related to this contract are closed.
24. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in
connection with the performance of the Agreement ("Information") shall become the property of the
City. The City may use the Information for its purposes and the Contractor also may use the
Information for its purposes. Reuse of the Information for the purposes of the project contemplated
by this Agreement ("Project") does not relieve any liability on the part of the Contractor, but any
reuse of the Information by the City or the Contractor beyond the scope of the Project is without
liability to the other, and the party reusing the Information agrees to defend and indemnify the other
from any claims or liability resulting there from.
25. Dispute Resolution. Mediation. Each dispute, claim or controversy arising from or related to
this Service Agreement or the relationships which result from this Agreement shall be subject to
mediation as a condition precedent to initiating arbitration or legal or equitable actions by either
party. Unless the parties agree otherwise, the mediation shall be in accordance with the
Commercial Mediation Procedures of the American Arbitration Association then currently in
effect. A request for mediation shall be filed in writing with the American Arbitration Association
and the other party. No arbitration or legal or equitable action may be instituted for a period of
90 days from the filing of the request for mediation unless a longer period of time is provided by
agreement of the parties. Cost of mediation shall be shared equally between the parties.
Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed
upon by the parties. The parties shall memorialize any agreement resulting from the mediation
in a mediated settlement agreement, which agreement shall be enforceable as a settlement in
any court having jurisdiction thereof.
26. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota.
27. 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.
28. Claims. To receive any payment on this Agreement, the invoice or bill must include the
following signed and dated statement: "I declare under penalty of perjury that this account,
claim, or demand is just and correct and that no part of it has been paid."
29. Counterparts. This Agreement may be executed in multiple counterparts each of which shall
be considered an original.
5
30. Whole Agreement. This Agreement constitutes the final and complete agreement of the
parties and shall supersede and replace any prior oral or written agreements between City and
Consultant. Any subsequent modifications must be in writing signed by both parties.
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
Mayor
City Manager
FIRM NAME
By:
Its:
6
DELANO ERICKSON ARCHITECTS
Al
January 27,2006 10700 HIGHWAY 55,SUITE 308
a"r
?"' PLYMOUTH,MN 55441
3± (763)544 8370 I
I
Mr.Robert Lambert
Director,Parks&Recreation
City of Eden Prairie I
8080 Mitchell Road
Eden Prairie,Minnesota 55344
i
Re: Eden Prairie Community Center Expansion
Commission No. 0601
Dear Bob:
Pursuant to our conversation and your January 18,2006 request for proposal,we look forward to working
with you on the above project on the following basis:
We propose to provide services on the basis of the attached Scope of Services and Fee Proposal. Our
services will consist of normal AE services,as defined in the AIA B 151 - 1997 Owner/Architect
Agreement with Eden Prairie's General Conditions and for a cost as outlined below.
Estimated fees and expenses based on AIA B 151 Owner Architect Agreement and hourly and percentage
rates as outlined in the Fee Proposal Rate Sheet
i
Phase 1: Program and Schematic Design Estimated Budget: $ 81,000
Hourly rate estimated at$81,000/NTE$90,000
Phase H: Design Development,Construction Documents and Bidding
Phase M: Construction Administration Estimated Budget: $360,000 {
Combined percent of Construction Cost of$6,000,000 fee of 6%=$360,000
Additional Services: Estimated Budget: $ 46,000
AIA 3.4.6&7 Prepare measured CADD as built drawings of
existing conditions at Community Center Hourly Estimated: $ 7,500 _
AIA 3.4.13 Interior Design and.Kitchen Consultant Hourly Estimated: $18,500
I
AIA 3.4.19 Civil Engineering Consultant Services over and
above normat fee-2.5%of site work cost fee Estimated: $10,000
AIA 3.4.15 Extensive structural or mechanical analysis and
investigation of unforeseen conditions of existing
building required to remodel facilities Hourly Estimated: $10,000
Reimbursable Expenses Estimated Budget: $ 10,000
Expenses per Rate Sheet billed at cost plus 10%
Grand Total Estimated A/E Services and Expenses Budget: $497,000
A R C H I T E C T U R E / E N V f R 0 N M E N T A L Q U A L I T Y 0 F L I F E
Mr.Robert Lambert
January 27,2006
Page 2
We estimate that we will have 12 to 15 meetings with the City Staff,plus 6 to 9 meetings with community
organizations,Parks Commission,and Council,plus 40 to 50 site meetings during construction,and a
final inspection meeting about April 2008.
We have attached information on our firm,project approach and definition,scope of services,and fee
proposal.
If this is satisfactory,please sign below for this letter to serve as our agreement and/or as a basis for a
more formal agreement if you require. Please call me with any questions.
Sincerely, AGREED AND ACCEPTED:
DELANO ERICKSON ARCHITECTS CITY OF EDEN PRAIRIE
Gti0
Del Erickson,AIA By:
Date:
DE/tlt '
Attachments
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PROFESSIONAL QUALIFICATIONS
Project Manages
The Principal in Charge and Project Manager is Del Erickson of Delano Erickson Architects who will
be the primary contact and will work with the City of Eden Prairie and the various organizations and
interest groups relative to the Community Center.
Architectural Firm Background
I
The Prime Contracting Architectural Firm: Delano Erickson Architects
10700 Highway 55,Suite 308
Plymouth,Minnesota 55441
(763)544-8370/(763)545-5433—fax
Associate Firms&Consultants: Potential firms to be reviewed and finalized with City
(all are Subcontractors to Delano Erickson Architects)
Associate Support Architect: Cluts O'Brien Strother Architects
7520 Market Place Drive
Eden Prairie,Minnesota 55344
(952)941-4822/(952)941-4951—fax
Landscape Architect&Civil Engineer: Hansen Thorp Pelhinen Olson,Inc.
7510 Market Place Drive
Eden Prairies Minnesota 55344
952-829-0700/952-829-7806-fax
i
Structural Engineer. Clark Engineering Corp. `
621 Lilac Drive North
Minneapolis,Minnesota 55422
(763)545-9196/(763)541-0056-fax
Mechanical&Electrical Engineer: M&E Engineering,Inc.
Consulting Engineers
1300 Corporate Center Drive
Eagan,Minnesota 55121
(651)405-0912/(651)405-0929-fax
All firms are licensed to operate in the State of Minnesota.
DELANO ERICKSON ARCHITECTS:
Established in 1982 by Del Erickson,a Principal and Director of Design for 15 years with BWBR,
St. Paul. As a small firm(3 to 5 people)DEA has specialized in recreational projects of S 100,000 to
$7 million dollars in size. Much of the work has been with communities, including community
centers, recreation facilities arenas and park buildings. The philosophy of the firm incorporates
functional,cost effective design which brings delight to the user.
Eden Prairie Community Center Expansion
RESUME
DEL ERICKSON
Delano Erickson Architects
10700 Highway 55,Suite 308
Plymouth,Minnesota 55441
(763)544-8370
EDUCATION: University of Minnesota,Bachelor of Architecture, 1959
REGISTRATION: National Council of Architectural Registration Board Certificate No. 13,240
State of Minnesota Certificate No. 7137- 1963
State of Wisconsin Certificate No. 3631 - 1973
State of Iowa Certificate No. 1640- 1974
State of New York Certificate No. 14,492- 1980
MEMBERSHIPS: • American Institute of Architects
• AIA Minnesota
• Minnetonka/Plymouth Rotary Club
EXPERIENCE: Practicing Architect with over 40 years varied experience including Director of
Design with BWBR prior to founding present firm in 1982. Mr. Erickson has
managed and designed projects with expertise in community facilities, park, E
conference and recreational facilities.
RECREATIONAL • EDEN PRAIRIE COMMUNITY CENTER ADDITION,Eden Prairie,MN
EXPERIENCE: • MAPLE GROVE COMMUNITY CENTER&PARK BUILDING,Maple Grove,
MN: Design and cost estimating for complete community center including
aquatics,gymnasiums,fitness,meeting,teen,senior and day care facilities
• ST. PAUL YMCAS, three new family branches and remodel three branches,
St.Paul,MN
• GRAND PORTAGE COMMUNITY CENTER,Grand Portage,MN
• EDITH MACY CONFERENCE CENTER,Girl Scouts of the U.S.A.,NY
• ARROWWOOD CONFERENCE CENTER/RESORT,Alexandria,MN.
• WHITE BEAR LAKE SPORTS CENTER,White Bear Lake,MN: Adaptive use
of tennis club to community recreation center
• CRESTWOOD PARK RESTROOM&PICNIC SHELTER,Eden Prairie,MN
• PLYMOUTH CREEK CENTER,Plymouth,MN
• GIRL SCOUT COUNCIL ST. CROIX VALLEY PROGRAM CENTER, St.
Paul,MN
• COOK PARK SHELTER,Sioux City,IA
• NORTH END COMMUNITY CENTER,St. Paul,MN: Multi-use center
• JEWISH COMMUNITY CENTER STUDY,Big Lake,MN
• HERZL CAMP BATHHOUSE AND DORMITORIES,Webster,WI
• SUGAR CREEK CAMP CONFERENCE CENTER,Viroqua,WI f
• LAKE ELMO PICNIC/PARK SHELTER,Washington County,MN
• PINE POINT RESTROOM BUILDING,Washington County,MN
• MAPLE GROVE PLAY FIELDS PARK SHELTER,Maple Grove,MN
• MILLER PARK MULTI-USE BUILDING/SHELTER,Eden Prairie,MN
• ANOKA PARK BUILDINGS, TWO ACTIVITY CENTERS, CONTACT
STATION&PICNIC SHELTER,Ham Lake and Lake George,Anoka County,
MN
• LAKE BYLLESBY BATHHOUSE,Canon Falls,MN
• NESBITT PRESERVE PARK SHELTER,Eden Prairie,MN
• BASEBALL PARK SHELTER&PICNIC,Eden Prairie,MN
• SOFTBALL RESTROOM&CONCESSIONS BUILDING,Eden Prairie,MN
• PURGATORY CREEK PARK RESTROOM BUILDING,Eden Prairie,MN
• SUMNER PARK RESTROOM BUILDING,Minneapolis,MN
• LEBANON HILLS PARK BUILDINGS,Dakota County,Eagan,MN: Toilets,
picnic shelter and outdoor classroom
• PARKER'S LAKE PAVILION&PICNIC SHELTERS,Plymouth,MN
Eden Prairie Community Center Expansion
DESIGN APPROACH
Design&Working Relationship Approach
• We approach every project with an open mind,listening to your needs and ideas,drawing on our
extensive experience as designer to develop alternative concepts and recommendations foryour
consideration and approval.
• We therefore encourage active participation of the client with the project team providing close
communication and understanding. Asa Project Manager,Del Erickson has worked with many
community groups on this basis and provides much understanding and background related to
public facilities due to this experience.
• As Director of Design on hundreds of projects,including AIA design award winners over the
past 40 years,Del Erickson has developed a philosophy of design which emphasizes concepts
which fit the site context, are functionally logical and efficient, and express the space and
materials in a manner which brings delight to the user and improves their spirit. j
1
• We anticipate a design which is compatible to the existing buildings and work we have done for
you in the past,however,we will explore alternative concepts as appropriate and which fit the S
context and character of the Community Center.
Cost Control&Estimate
• As a public funded project we appreciate the high priority placed on the budget and approach
design solutions with knowledge of cost ramifications. As alternatives are developed,rough cost
analysis will be provided to assist in the decision process.
• We approach the project design with an eye to economical design solutions and systems which
we find appropriate on other municipal projects. The final cost estimate will be based on
quantity take off and unit prices to identify alternate materials and systems. We have had very
good success at estimating the final cost of our projects.
• Del Erickson has had experience with community center additions providing insight in
appropriate construction means and methods. Keeping construction simple and standard is key
to cost control at design stage.
Eden Prairie Community Center Expansion
SCOPE OF WORK
Scope of Work
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Phase I—Schematic Design
• Meet with the Owner and various interest groups to evaluate existing Program,incorporate input
from staff and community,and prepare building program and schedule related to site issues,cost
issues and City goals and objectives.
• Prepare alternative concept plans relating to site, building program, building systems, cost t
considerations,and existing building functions.
• Present and review alternatives with Owner with analysis, evaluation of function, cost,
aesthetics,compatibility with site,as well as rough construction cost comparison.
• Review Park Department and building code requirements for facilities including fire protection,
handicapped access, building materials, exit requirements and service, and make
recommendation for implementation.
• Prepare schematic design plans and cost estimates for review and approval by Owner.
r
• Phase II—Design Development/Contract Documents/Bidding
• Prepare design development drawings with value engineered systems analysis and detailed cost j
estimate for final approval.
• Incorporate code requirements and permit process in planning and schedule.
• Prepare construction documents and specifications using Auto CADD.
• Assist Owner in bidding process,including printing,answering questions from bidders,issuing
addenda,evaluating bids and assisting Owner in executing contract.
Phase III—Construction
• Assist contractor and Owner in preparing permit applications.
• Provide weekly construction observation and attend monthly progress meetings at site, or as
required to resolve technical issues.
• Review shop drawings,payments,and changes per AIA agreement.
• Review project test reports, interpret plans and specifications, and consult and advise Owner
regarding construction quality,progress and acceptance.
• Provide interior design for finishes,furnishings and equipment(additional services).
• Prepare punch list from pre-final inspection and final inspection.
• Assist Owner in final acceptance process and payment.
Eden Prairie Community Center Expansion
I
EDEN PRAIRIRIE COMMUNITY CENTER EXPANSION FEE PROPOSAL
Scope of Work
Phase I—Schematics and Program for Community Center similar to Referendum design with cost estimates to be
completed during the period from January 1,2006 through June 1,2006,approximately 20•/o of fee.
Phase H—Design Development,Construction Documents and Bidding for work as approved to be completed during
the period from June 15,2006 through February 1,2007,approximately 55%of fee.
Phase III - Construction Observation for work as bid and contracted for to be completed during the period from
March 1,2007 through April 1,2008,approximately 25%of fee.
The overall fee budget will be on the basis of 7.5%of construction cost,adjusted by final scope of work.
Our estimated fees for Architectural, Landscape and Civil Engineering, Structural and Mechanical and Electrical
Engineering for the buildings and site work:
Phase I Schematic Design and Program: hourly rate estimated at$81,000,plus reimbursable expenses.
Phase H Design Development, Construction Documents and Bidding: percentage fee estimated at $260,000,
plus reimbursable expenses.
Phase III Construction Administration: percentage fee estimated at$100,000,plus reimbursable expenses.
Additional Services: hourly rate estimated at$40,000;cost to be determined and approved for each item.
We propose providing services on an hourly basis with a maximum fee of$90,000 for Phase I and a 6.0%fee for
Phases H and M for outlined scope of work as determined,plus reimbursable expenses,plus additional services. Basic
and additional services as defined in AIA B151 Agreement will be billed on an hourly basis, percentage of cost,or
negotiated sum for approved scope.
Owner to provide base maps, soil tests and survey information,as well as program and design input as required.
HOURLY RATE SCHEDULE
Architectural
Principal Architect $100/hr.
Architects $75 to$85/hr
Design/Drafting CADD $50 to$70/hr.
Clerical $40/hr.
Engineering(billed at 1.2 times expense)
Landscape and Site Engineering
Principal $125/hr.
Project EngineerlLandscape Architect $69 to$117/hr.
Design/Technician $52 to$90/hr.
i
Structural Engineering
Principal $132 to$160/hr.
Structural Engineering $80 to$110/hr.
CARD Technician $55 to$90/hr-
Mechanical&Electrical Engineering
Principal $115/hr.
Senior Designer $90 to$100/hr.
Designer/CADD Technician $80/11r.
Reimbursable Expenses(billed 1.1 times cost):
Plotting $12/sheet
Printing-Plans 24 x 36-$2.00/sheet
Specifications 8 .10/sheet
/s x 11 -$
Non-Metro Travel Mileage .40/mile
Metro Travel Mileage Not billed
LD Telephone/Fax/Delivery Q Cost
January 27,2006
DELANO ERICKSON ARCHITECTS ACCEPTED: CITY OF EDEN PRAIRIE
By Q By
Del Eric son AIA
.1G11JJEN PRAIRIE
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EDEN PRAIRIE COMMUNITY CENTER � DELANO ERICKSON ARCHITECTS
EXPANSION r 11
Architect's Report and Cost Estimate for 1J U
dons 1WW HIGHWAY 55,StM 3W
P PLYHOUTH,MN 55441
Commission No.0502 (763)544-0"
March 28,2005
To determine appropriate referendum questions,we have studied three basic building options with
subdivisions within each to provide various alternatives for the Council to consider. Additionally,we
have analyzed the site option of greatly expanded parking,street relocation, access route and relocation of
baseball field to maximize site accommodation ofpresent as well as future needs of Community Center.
The foregoing are illustrated in drawings, labeled Scheme A,Upper and Lower Levels;Scheme B,Upper
and Lower Levels; Scheme C,Upper and Lower Levels; and Site Expansion Master Plan.
Each of the Schemes and their components have the following cost estimate breakdowns:
Scheme A: This option includes a minimum Community Center improvement plus options of an outdoor
fun pool,child play space,outdoor covered ice rink and site work.
Community Center(G.O.Bond) $6,050,000
General Conditions $ 400,000
Site Work 195,000
Demolition and Structural Frame Allowance 140,000
Remodeled Space 490,000
Expanded Lobby and Entrances 680,000
Arena Seating and Team Rooms 375,000
Fitness Center 850,000
Multi-Use Gymnasium/Teen Center 980,000 t
Deepen Pool(8 lane,25 yard)
Rink 11 Walk-Through and Pool Seating 175,000
Walking Track 250,000
Pool Locker Room Complex with Family Area 595,000
Concessions 300,000
Administration and Control 220,000
Total Construction Cost Estimate $5,950,000
A/E Fees (Q 400,000
Contingency 300,000
Furnishing and Equipment Allowance 300,000
Total Budget Estimats $6�SQ,OQQ
Outdoor Fun Pool(Revenue Bond) $ 900,000
General Depth Pool Pack and Aquatic Features $ 500,000
575 s.f.Mechanical and Storage Guard Building 60,000
Food Court 70,000
Sand Play Area 25,000
Site Work,Landscape and Fence 85,000
Total Construction Cost Estimate $ 740,000
A/E Fees 66,000
Contingency 74,000
Furnishing and Equipment Allowance 20,000
Total Budget Estimate $ 900,000
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EDEN PRAIRIE COMMUNITY CENTER EXPANSION Page 1
January 26,2006
Commission No.0602
First Floor Eden Prairie Community Center
Renovated Areas-13370
New Construction Areas-25,380
Second Floor Eden Prairie Community Center
Renovated Areas—21,075
New Construction Areas-8240
First Floor Areas Outdoor Covered Outdoor Rink
Rink Space—20315
Enclosed Team Rooms/Zamboni/Refrigeration—4880
Second Floor Areas Outdoor Covered Rink
Multiuse/Training—2,290
Roof Areas Outdoor Covered Rink
Rink roof—22,325
Rink roof continued over multiuse—2870
Roof over zamboni/refrigeration—3005
Play Area—6,800
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