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HomeMy WebLinkAboutCity Council - 05/16/2006 AGENDA CITY COUNIL WORKSHOP OPEN FORUM/OPEN PODIUM TUESDAY,MAY 16, 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 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, Communications Manager Pat Brink, Assistant to the City Manager Michael Barone, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room II I. PARK REFERENDUM PROJECT PLANNING Council Chamber II. OPEN FORUM III. OPEN PODIUM IV. ADJOURNMENT To: Mayor and City Council From: Robert Lambert, Director of Parks and Recreation ' Date: May 16, 2006 Subject: Park Referendum Project Planning Issues for Discussion • Progress report on projects approved in the 2005 referendum • Status of Park Improvement Fund projects proposed in the CIP and funded by cash park fees • Other projects for consideration 2005 Referendum Projects A. Community Center Addition - referendum amount$6,650,000 Status:At the June 5 Parks,Recreation and Natural Resources Commission meeting and the June 6 City Council meeting staff will provide a concept plan that that meets the building program as defined by the general public at public meetings,Community Center members, Community Center users such as the School District, Hockey Association, Figure Skating Club, Foxjets Swim Club,the recreation staff that program the building, and the administration and maintenance staff that take care of the building. This program has been somewhat expanded from the program defined in the referendum by the following recommendations: 1. Staff are recommending that the Recreation Division Manager and four program staff be officed at the Community Center. Staff eliminated the position of the Community Center Manager several years ago and the Recreation Division Manager has assumed the responsibility of managing that facility from the City Hall.This has caused problems in communication within the department.The Community Center is clearly the focal point for the recreation programs within the City of Eden Prairie. It is where most people come to register for all City recreation programs and is the largest program facility within the City. The most efficient and effective use of the existing staff is to allow them to be officed at this site,where they can support one another and provide prompt service to residents as well as support for the operation of that facility. 2. A second change to the program is to provide child care at the Community Center.In all of our discussions with both public and private community centers and athletic clubs, the key to expanding membership is to make it easy for young families to use the Park Referendum Project Planning May 16,2006 Page 2 facilities. A critical component to maintaining and expanding memberships is to provide child care for people who are using the facility. 3. The third expansion of the program is the large community meeting room.This facility greatly expands the program capability of the building and meets a high demand need by the public for additional meeting spaces and rooms large enough to accommodate gatherings of 50-75 people, and active youth programs that don't require a gym. City staff believe that these expanded program recommendations are critical to providing the citizens of Eden Prairie with a facility that is comparable to other community center that are being developed in Minnesota today and meets the needs and expectations of our residents. Staff recommends that the City Council plan for funding these expanded building costs through the use of park dedication fees. Staff expects that these additional program areas may cost as much as$1,000,000 above the $6,650,000 budgeted through the referendum. As previously stated,staff will have a concept plan for the Council review at the June 6 meeting. At that time, staff will have an estimated cost for the draft concept plan. A. The Referendum provided$4,695,000 for the acquisition of additional park land and improvements to existing parks. Projects that have been initiated to date to are as follows: 1. Birch Island Woods Acquisition -The City Council has authorized staff to purchase Birch Island Woods for$830,000 from the Picha family.The delay on this purchase is being caused due to the bureaucratic process that is required to utilize this purchase in LAWCON conversion of the Cummins-Grill property.The State Historical Society,the National Park Service and the Department of Natural Resources all have to agree on the conversion proposal.The City is waiting for the National Park Service to set up a meeting with all of the agencies involved to discuss this conversion. 2. New Playgrounds -The City Council has authorized bids for new playgrounds at Edgewood Park,Edenvale Park, Sterling Field and Topview Park and part of Forest Hills. Playgrounds at Carmel Park and Rustic Hills Park will be constructed in 2007. 3. The Council will be authorizing tennis court renovation at Prairie East Park and Homeward Hills Park later this evening. Carmel Park courts will also be done in 2006, while tennis court renovation at Eden Valley Park and Rustic Hills Park will be completed in 2007. Park Referendum Project Planning May 16,2006 Page 3 4. The Council has approved the concept plan for the renovation of Forest Hills Park and Edenvale Park. Final plans and specifications are being prepared for those projects at this time.Those projects will go out for bid late in 2006 and be approved in early 2007 for completion in 2007. 5. The permanent park shelter at Prairie View Park will also be constructed in 2007. 6. The expansion of Flying Cloud Athletic Fields remains on hold as the City waits for approval from the FAA on the agreement between the Metropolitan Airports Commission and the City of Eden Prairie. Estimated costs for the above improvements is$4,695,000. C. $2,000,000 was approved for trail construction. The City Council has authorized the development for plans and specifications for the trail on east and west side of County Road 4,extending north to the trail on the south side Crosstown Highway. Plans and specifications for this project should be completed later this year, at which time the City will apply for matching grant funds from the County for these projects.The decision on the grant approval may delay the initial construction of these trails until later in 2007. City staff is working with the Planning Department in the development of the downtown area and will be making recommendations on the completion of the sidewalk system within the downtown area that will not be disrupted by proposed new street alignments.These projects will begin in 2007 and continue for the next several years. Staff does not have a cost estimate for these projects at this time. Park Improvement Fund Projects There is a fund balance of approximately$6,100,000 in the park fund. City staff estimate revenue of approximately$500,000 per year over the next five years within the park fund. Of the existing fund balance,the following projects are committed: 1. Acquisition of Cedar Hills Neighborhood Park-through the Metropolitan Airports Commission Agreement- $913,000 2. Community Center third rink- $1,000,000 3. Renovation of ballfields at Miller Park over the next four years- $1,000,000 Park Referendum Project Planning May 16,2006 Page 4 4. Relocation of the baseball field at Round Lake Park,lighting that baseball field and renovation of the parking lot at the Community Center -preliminary estimated costs $500,000 5. PCRA Boardwalk/ Pier- $90,000 6. PCRA Wildlife Blind- $25,000 7. Eden Lake Park drainage improvement- $35,000 8. Staring Lake slide replacement- $20,000 9. Creek Valley nature trail projects in Riley Creek and Upper and Lower Purgatory Creek - estimated cost over the next four years approximately$500,000 to$700,000 10. Cedar Hills Park development- $850,000 11. Park signs for entire park system- $250,000 Total Estimated Costs= $5,383,000 Additional Park Improvement Projects that have been considered in a draft CIP are: 1. Miller Park Football/Soccer Building-estimated cost$250,000 2. Birch Island Park development- $500,000 (no park plan developed as yet) 3. Trail Improvement Projects including the Staring Lake outlet and trail - $100,000,the River View Road loop trail project that should be considered within the next five years- $500,000 (This project is subject to approval of the U.S. Fish and Wildlife Service and may not happen in the near future.) Total Costs = $1,350,000 These existing commitments and proposed projects total approximately$6.6 million over the next four to five ears. There will be additional smaller projects that will be requested each year; y P J however,these major projects should be kept as the highest priorities for funding consideration. Other Projects for Consideration Earlier this year the City Council authorized completing a feasibility study for a wading pool improvement at the Community Center at the June 5 meeting of the Parks, Recreation and Natural Resources Commission and the June 6 meeting of the City Council, staff will provide a report indicating the cost for funding a wading pool expansion at the Community Center.The City Council should keep in mind the existing priorities for park improvements while considering the proposal for funding the Community Center improvements and possibly the wading pool improvements.As staff has indicated there was a$6,100,000 fund balance in the park fund at the beginning of 2006. Staff anticipates approximately another$2,500,000 in revenue over the next five years;therefore,the maximum amount of funds available for these major park improvements from the cash park fees will total approximately$8,500,000 over the Park Referendum Project Planning May 16, 2006 Page 5 next five years. If the Council approves approximately one million in Community Center expanded program improvements,the total expected expenditures would be approximately$7,880,000 out of the projected$8,500,000 available prior to approving any funding for wading pool improvements. The purpose of this meeting was to provide the Council with an overview of where we are with projects approved in the 2005 referendum, as well as projects planned for in the CIP that is fees.With this background,and"big picture"view of the funding funded b the ark dedication � Y P g g sources available,the Council will hopefully feel more comfortable in making decision that will be posed to the Council relating to park improvement projects over the next few months. RAL:b7'u AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,MAY 16,2006 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 Deb Sweeny I. ROLL CALL/CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. HUMAN RIGHTS & DIVERSITY AWARD AND DR. JEAN L. HARRIS YOUTH SCHOLARSHIP V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,MAY 2,2006 B. CITY COUNCIL MEETING HELD TUESDAY,MAY 2,2006 VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVE SECOND READING OF ORDINANCE AMENDING CITY CODE CHAPTER 6 RELATING TO STREETS AND SIDEWALKS AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE C. APPROVE SECOND READING OF AN ORDINANCE AMENDING CITY CODE SECTION 9.11 AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE D. ADOPT RESOLUTION APPROVING FINAL PLAT OF LONE OAK CENTER CITY COUNCIL AGENDA May 16, 2006 Page 2 E. APPROVE SPECIAL ASSESSMENT AGREEMENT FOR MITCHELL RD./ LONE OAK ROAD TRAFFIC SIGNAL IMPROVEMENTS,IC. 06-5675 F. AWARD CONTRACT FOR 2006 SEALCOATING TO PEARSON BROTHERS,INC.,I.C. 05-5667 G. AWARD CONTRACT FOR 2006 BITUMINOUS OVERLAY PROJECT TO WILLIAM MUELLER& SONS,INC..I.C. 06-5673 H. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF CONSULTING GROUP FOR LONE OAK CENTER TRAFFIC SIGNAL DESIGN, CONSTRUCTION AND TIMING,I.C. 06-5675 I. ACCEPT BASE BID AND ALTERNATE G-1 FROM NORTHWEST ASPHALT INC. FOR ASPHALT OVERLAY FOR PORTIONS OF CITY HALL AND FIRE STATION 2 PARKING LOTS J. AUTHORIZE ISSUANCE OF GRADING PERMIT FOR STABILIZATION OF SLOPES ON LOTS 12, 13 AND 14,BLOCK 1, SETTLERS RIDGE 5 ADDITION K. APPROVE PHASE II NPDES STORM WATER PERMIT APPLICATION AND STORM WATER POLLUTION PREVENTION PROGRAM PLAN, I.C. 02-5585 L. AWARD BID FOR RECONSTRUCTION OF TENNIS AND BASKETBALL COURT AT PRAIRIE EAST PARK TO MIDWEST ASPHALT M. AWARD BID FOR RECONSTRUCTION OF HOMEWARD HILLS PARK TENNIS COURT TO PLEHAL BLACKTOPPING N. APPROVE AGREEMENT FOR 2006 FORFEITURE VEHICLE STORAGE AND DISPOSAL BETWEEN THE CITY OF EDEN PRAIRIE AND AUCTION BORADCASTING COMPANY O. APPROVE RENEWAL OF THE AGREEMENT FOR TOWING SERVICES BETWEEN THE CITY OF EDEN PRAIRIE AND MATT'S AUTO SERVICE P. APPROVE FIVE YEAR LEASE FOR FIREFIGHTER TURNOUT GEAR AND ALL ASSOCIATED MANDATED RECORD KEEPING FUNCTIONS VIII. PUBLIC HEARINGS/MEETINGS A. BANEBERRY HOLLOW by Lakewest Development. Request for: e from Low Density Comprehensive Guide Plan Chang Residential to Medium Density Residential on 2.06 acres, Planned Unit Development Concept Review on 2.51 acres, Planned Unit Development District Review with waivers and Zoning District Change from Rural to RM-6.5 on 2.06 acres, and Preliminary Plat of 2.51 acres into 12 lots and right-of-way. Location: 10015 and 10065 Pioneer Trail. CITY COUNCIL AGENDA May 16, 2006 Page 3 (Resolution for Guide Plan Change; Resolution for PUD Concept Review, Ordinance for PUD District Review with waivers and Zoning District Change,Resolution for Preliminary Plat) B. GANDER MOUNTAIN by Oppidan Investment Company. Request for: Comprehensive Guide Plan Change from Industrial to Regional Commercial on 4.69 acres, Planned Unit Development Concept Review on 4.69 acres, Planned Unit Development District Review and Zoning District Change from I-2 to Regional Commercial Service on 4.69 acres, Site Plan Review on 4.69 acres, Preliminary Plat of 4.69 acres into one lot and right-of-way. Location: 12150 Technology Drive. (Resolution for Guide Plan Change; Resolution for PUD Concept Review, Ordinance for PUD District Review and Zoning District Change, Resolution for Preliminary Plat) IX. PAYMENT OF CLAIMS X. ORDINANCES AND RESOLUTIONS XI. PETITIONS,REQUESTS AND COMMUNICATIONS XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIII. APPOINTMENTS XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. 2005 Comprehensive Annual Financial Report(CAFR) C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. Professional Services Agreement for Guide Plan Update D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR 1. Sinaletree Lane &West 78th Street Preliminary Design,I.C. 06-5676 F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT CITY COUNCIL AGENDA DATE: SECTION: Proclamations&Presentations May 16, 2006 DEPARTMENU/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.A. Molly Koivumaki Human Rights and Dr. Jean L. Harris Youth Community Dev. Scholarship Awards Housing&Human Services Requested Action Recipients of the Human Rights Awards and the Dr. Jean L. Harris Youth Scholarship Award will be recognized. The Human Rights Awards recognize accomplishments from 2005,while the Youth Scholarship Award is for the 2005-2006 school year. 2005 Human Rights Award—Non-Profit Organization Recipient Belandan(public affairs television series) 2005 Human Rights Award—Individual Recipient Burton Meode 2005-2006 Dr. Jean L. Harris Youth Scholarship Award recipient Connie Wang Michelle Roemmich Acting Mayor Ron Case will introduce both Cari Maguire, Chair of the Human Rights and Diversity Commission, and Melissa Barra,Vice-Chair,who will both come to the speaker's podium. Cari Maguire will read a short statement of purpose. Acting Mayor Case will ask each recipient to come up and stand with the Chair and Vice-Chair(in order listed above). The Mayor will then read the recipient information. Once read aloud,the Chair and Vice-Chair will present the plaques(HRA recipients)or certificate(YSA recipient). Background Human Rights and Diversity Commission: • Cari Maguire, Chair • Melissa Barra Vice Chair • Larry Piumbroeck • Pamela Spera • Jeff Strate • Linda Chung • Gerry Beckmann Staff Liaison: Molly Koivumaki Attachments Recipient Information Background Information for the 2005 Human Rights and Youth Scholarship Awards 2005 Human Rights Award—Non-Profit Category Belandan is a weekly, public and cultural affairs television series produced at Time Warner's Southwest Community Television studio in Eden Prairie. The series is seen locally on public access channels, regionally on Twin Cities Public Television's Channel 17 and nationally on Bridges TV, an Islamic lifestyle network carried by DISH Network and at least 14 other national satellite and cable carriers. `Belandan,"which means"With open arms,"premiered seven years ago as a kind of Arabic TV salon of perspective for and about the Twin Cities' Arab-American community. Belandan soon broadened its reach and appeal to a wider and more diverse audience by adopting English as its primary language and incorporating the kinds of features that have long been popular on American public affairs and pop culture TV talk shows. Mr.Bill Hanley, Executive Vice President of Twin Cities Public Television said "Belandan,more than most programs we broadcast, seeks to tackle issues related to one of the most sensitive regions in the world and make them relevant to Minnesotans from all backgrounds." 2005 Human Rights Award—Individual Recipient Mr. Burt Moede,a long-time Eden Prairie resident and artist has freely given his time and talent to paint many pictures that grace the halls of the Education Center and welcome participants from all over the world. "Burt has painted people and animals that reflect the many cultures we work with" said parent educator Charmayne Sletten. Adding that Burt's art is a visual reminder to all residents that Eden Prairie is a multicultural community. Ada Alden, Director of Family Educational Services for Eden Prairie Schools,noted that the Eden Prairie Manifesto encourages that community standard of respect for diversity is communicated. "The respect and caring that resonates from Burt Moede's paintings is almost palatable. Watching the faces of those who daily appreciate his art speaks to the art works impact" said Alden. 2005-2006 Dr. Jean L.Harris Youth Scholarship Award Recipients Connie Wang,Eden Prairie High School. As President of the National Honor Society, Connie attempted to offer a wide variety of volunteer opportunities for the two hundred club members to participate in. The activities such as working at food shelves, and acting as counselors for a camp for special-needs students,helped these student leaders explore the world beyond their own comfort zones. Connie stated"there is a greater world outside of our suburb, full of people whose stories and backgrounds are unheard of to us. It is the responsibility of our citizens to make an active effort to learn and educate themselves of the cultures and societies of the rest of the nation." Fluent in Chinese and Spanish, Connie views education as the most viable method of "fixing"human rights problems. Connie believes that often times, racism and intolerance result from the lack of education. "If we understand the situations and are able to identify with others,then eventually our own prejudices will disappear"said Connie. Michelle Roemmich,Eden Prairie High School.Michelle's volunteer activities have put her in amazing places and situations, such as sleeping in boxes on a church lawn to raise money and awareness about homelessness,putting together dinners for Feed My Starving Children, and mission trips to inner-city Chicago and remote destinations in South Dakota. "There is truly no end to the ways in which Michelle volunteers her time"says Leah D. Rosso,Associate Pastor at Eden Prairie united Methodist Church. Nancy Holden, the Director of PROP,has witnessed Michelle's sincere commitment to helping diverse populations first hand and described her as having"a level of maturity rarely found in students of her age." Michelle says that through all of her volunteer experiences, she has come to learn that the unfortunate people only differ from her in their possibilities for the future. r - ITEM NO.: UNAPPROVED MINUTES CITY COUNIL WORKSHOP—OPEN FORUM/OPEN PODIUM TUESDAY,MAY 2,2006 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 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, Communications Manager Pat Brink,Assistant to the City Manager Michael Barone, City Attorney Ric Rosow, and Recorder Lorene McWaters GUESTS: Hennepin County Commissioners Randy Johnson and Linda Koblick Heritage Room H Assistant to the City Manager Michael Barone and Fire Chief George Esbensen were absent. I. DISCUSSION WITH HENNEPIN COUNTY COMMISSIONERS A. UPCOMING ROAD PROJECTS Gene Dietz reviewed upcoming road construction projects, including the Pioneer Trail expansion. Dietz commented on the Highway 101 situation.He said Eden Prairie is supportive of improving the roadway,but is currently waiting for concurrence from Chanhassen. B. MANAGEMENT ISSUES ALONG THE SWLRT BIKE TRAIL Commissioner Koblick said another round of meetings will be held soon to inform residents of how the County intends to deal with encroachments. Commissioner Johnson said the County will likely start reminding people in writing annually that the trail corridor belongs to the County and encroachments are not allowed. C. UPDATES ON JOINT LAW ENFORCEMENT OPERATIONS AND PROGRAMS Chief Carlson commented on the positive working relationship Eden Prairie Police Department has traditionally had with Sheriff McGowan,who has announced he does not intend to run for reelection. Carlson said he looks forward to continuing those positive relationships with the next Sheriff. D. LIBRARY OPERATIONS UPDATE Commissioner Johnson said circulation at the Eden Prairie branch is comparable to the three"Dale" libraries, and children's literature circulation even outpaces them at times. E. DISCUSSION OF LIGHT RAIL TRANSIT OPTIONS Commissioner Johnson said a number of options are being considered and the County Board expects a staff recommendation on routing by the end of this year. G. HCMC GOVERNANCE Commissioner Johnson said January 2007 is target date for launching the new governance structure. The new 13-member board will include two Commissioners. The County Board will continue to oversee limited aspects of HCMC's operations. Commissioner Koblick suggested Councilmembers review the draft bylaws online to see who will be responsible for what under the new design. H. PLANNING FOR FLU EPIDEMICS Commissioner Johnson said internal planning includes how to continue critical functions if up to a third of the workforce is not able come to work. I. STADIUMS Aho asked the Commissioners to comment on a stadium tax. Johnson said he supported it and Koblick did not. Koblick said there will be at least three public hearings if the legislation is approved by the State Legislature. Johnson said the current bill only authorizes the County Board to go forward. How it proceeds will depend on the form of the final bill. Other topics touched upon were the growing meth problem and the County smoking ban. Council Chamber II. OPEN FORUM III. OPEN PODIUM IV. ADJOURNMENT f ITEM NO.:=V1, B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,MAY 2,2006 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, City Engineer Alan Gray, Community Development Director Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Deb Sweeney I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. SENIOR AWARENESS MONTH Staff Karla Kress noted events are scheduled throughout May to celebrate "Seniors in Action." Sharon Steiner, chair of the Senior Advisory Council, listened as Tyra-Lukens read the proclamation. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added two items under Councilmember Reports. Neal added two items to his report. MOTION: Case moved, seconded by Young, to approve the agenda as published and amended. Motion carried 5-0. VI. MINUTES A. TOWN MEETING HELD,TUESDAY,APRIL 11,2006 MOTION: Butcher moved, seconded by Young,to approve the Town Meeting minutes as published. Motion carried 5-0. ANNOTATED AGENDA May 2,2006 Page 2 B. COUNCIL FORUM HELD TUESDAY,APRIL 18,2006 MOTION: Aho moved, seconded by Case,to approve the Council Forum minutes as published. Motion carried 5-0. C. CITY COUNCIL MEETING HELD TUESDAY,APRIL 18,2006 MOTION: Young moved, seconded by Case,to approve the City Council minutes as published. Motion carried 5-0. D. COUNCIL RETREAT HELD SATURDAY,JANUARY 21,2006 Neal noted Staff has prepared two versions of the minutes per Council request: an edited redline version and a brief summary version. Case suggested passing the short version and adding a disclaimer to the long version indicating they do not accurately reflect the meeting. Young said since the minutes have become a matter of public comment,this would duck the issue.Also,the discussion thus far seems to unfairly blame the recorder.Butcher said she was comfortable with either version but called for Council to discuss future formats for recording retreat sessions. MOTION: Butcher moved, seconded by Case,to approve the short version of the minutes. Aho said having two versions of the minutes is too complicated. The Council should just approve the long version. Young said even if the short version is approved,the issue of the long minutes' accuracy remains. He said he disagreed strongly with some of the revisions. Tyra-Lukens said the original long version, the revised long version, and the short version are all part of the public record. She supported passing the short minutes. MOTION: Butcher moved, seconded by Case,to approve the short version of the Council Retreat minutes. Motion carried 3-2 with Butcher,Case,and Tyra-Lukens voting"aye" and Aho and Young voting"nay." Tyra-Lukens asked Neal and Rosow to draft a proposal laying out different types of recording for various types of meetings.Neal assented and noted Staff is moving in a more minimalist direction. VIL CONSENT CALENDAR A. CLERK'S LICENSE LIST B. EDEN PLACE APARTMENTS CLUBHOUSE b RREEF. Second reading of Y g the Ordinance for Planned Unit Development District Review and Zoning District Amendment within the RM-2.5 Zoning District on 32.7 acres; Site Plan Review on 32.7 acres. Location: 8680 Magnolia Trail. (Ordinance No.9-2006 ANNOTATED AGENDA May 2,2006 Page 3 for 12-2006-PUD District Review and Zoning District Amendment; Resolution No.2006-57 for Site Plan Review). C. ADOPT RESOLUTION NO.2006-58 DECLARING PROPERTY ABANDONED D. ADOPT RESOLUTION No.2006-59 AUTHORIZING LIMITED USE PERMIT FOR NON-MOTORIZED RECREATIONAL TRAIL. E. APPROVE PURCHASE OF THE ITRON MOBILE COLLECTION SYSTEM VERSION 2.5 FROM HYDRO METERING TECHNOLOGY F. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH ADVANCED ENGINEERING AND ENVIRONMENTAL SERVICES FOR DESIGN MODIFICATIONS TO WATER TREATMENT PLANT LIME RESIDUAL DISPOSAL SYSTEM G. AWARD STREET STRIPING CONTRACT TO CENTURY FENCE, I.C. 06-5670 MOTION: Case moved, seconded by Butcher,to approve Items A-G on the Consent Calendar. Motion carried 5-0. VIIL PUBLIC HEARINGS/MEETINGS A. VACATION OF EASEMENT FOR PART OF WEST 62ND STREET, VACATION 05-03 (Resolution No.2006-60) Neal said the property owner and developer of Prairie Estates has requested this vacation to provide for the inclusion of the easement area into the plat of Prairie Estates. The final plat of Prairie Estates was approved by the City Council on April 18, 2006. The easement area was obtained by Hennepin County with the construction of CSAH 62 for the West 62°d Street cul-de-sac. No right-of-way beyond the subdivision boundaries is included in this vacation. The plat of Prairie Estates includes the dedication of right-of-way and construction of a roadway providing access to the platted lots. The cul-de-sac area will no longer be needed and will be included in Lot 1,Block 2 of the new plat. Dietz noted the proposal originally called for a series of Quit Claim Deeds, but legal staff advises the mere vacation of the easement will be sufficient. There were no comments from the public. MOTION: Case moved, seconded by Butcher,to close the Public Hearing and adopt Resolution No. 2006-60 vacating the easement for part of West 62nd Street located in the North '/2 of Section 5. Motion carried 5-0. ANNOTATED AGENDA May 2,2006 Page 4 B. HILLTOP ROAD IMPROVEMENTS,I.C. 05-5642 (Resolution No.2006- 61) Neal said the Hilltop Road area is a residential neighborhood of 30 lots dating back to 1952,when the plat of Eden Heights was approved. The homes are served today by private well and septic systems. Hilltop Road shares a common intersection with the west entrance to Grace Church on Eden Prairie Road. Improvements to Eden Prairie Road in 2002 and the Riley Creek Ridge subdivision in 1997 have provided sanitary sewer and watermain connections at the east and west end of Hilltop Road. City Staff Alan Gray said he has been working with residents for about a year and reached consensus to move forward with the$1 million project. Due to a cap on assessments of$27,000,there will be a city share, which will be funded out of the stormwater sewer and utility funds. Two properties which are subdividable will pay a higher assessment of$33,444. Resident Caryl Hansen of 16200 Hilltop Road said improvements are long overdue and asked Council to act now. Resident Chuck Roycraft of 16500 said his lot is not practical for subdivision, so his assessment should be reduced or at least deferred. Gray said Staff had discussed the matter with the property owner. Nearby lots with a similar configuration have in fact been subdivided and the topography is workable to create at least two lots. History shows the City has been accurate, indeed, conservative, in predicting future subdivision. Staff would however recommend deferring the assessment,which would accrue interest. The assessment can only be made at the outset, so standard practice is to make the assessment and then defer it in these cases. Young expressed surprise that assessing based on how a lot might be subdivided in the future is standard practice. Case asked whether the City would want a flat lot development at that location anyway, and Tyra-Lukens said they added interest to a neighborhood versus an identical setback. MOTION: Aho moved, seconded by Butcher,to close the public hearing; and adopt Resolution No. 2006-61 ordering Hilltop Road Street and Utility Improvements. Motion carried 5-0. IX. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Young,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 XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS ANNOTATED AGENDA May 2,2006 Page 5 XIII. APPOINTMENTS XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Southwest Suburban Cable Commission Case informed residents the Time Warner/Comcast market swap means email addresses will change from mn.rr.com to comcast.net starting this fall. The commission is watching several bills before Congress that could affect cities' franchise rights. 2. Southwest Metro Transit Commission Case said preparedness planning for disasters and patterns of response is underway for homeland security efforts. The Commission is discussing dropping"Metro" from its name to prevent confusion with Metro Transit. B. REPORT OF CITY MANAGER 1. Loudi,China Visit by Mayor Tyra-Lukens(Resolution 2006-62) MOTION: Case moved, seconded by Butcher, to adopt Resolution No. 2006-62 appointing Mayor Nancy Tyra-Lukens as the official representative of the City of Eden Prairie in her travel to China in May 2006 in the conduct of official City business. Motion carried 5-0. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Birch Island Park Improvements Lambert said Birch Island was one of Eden Prairie's first parks but has been minimally developed,with only a gravel parking lot and a casual trail system. Neighborhood meetings in the late 1980s expressed lack of interest in park development, along with concerns about safe access along CSAH 4. Now that the referendum has provided$2 million for trails, both side of CSAH 4 will have an 8-foot paved trail north to the Minnetonka border. Due the steep grade next to the road,the trail will need to run through the park. It makes sense to look at any improvements and their location while routing the trail.Any improvements could be undertaken next year along with the other parks improvements. Lambert sought Council approval to seek neighborhood input, draft a concept plan, and ANNOTATED AGENDA May 2,2006 Page 6 bring the plan to the Parks Commission. Planning would be done by the end of the year. Case noted the site has archaeological significance.Lambert said sensitive areas are well away from proposed development sites but would be monitored. MOTION: Case moved, seconded by Aho,to recommend initiating the process for developing plans for improvements to Birch Island Park. 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 XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Butcher moved, seconded by Case, to adjourn the meeting. Motion carried 5-0. The meeting adjourned at 7:50 p.m. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 16, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.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. Temporary Liquor Organization: Eden Prairie Lions Club Event: Schooner Days Date: June 2-4, 2006 Place: Round Lake Park Temporary Beer Organization: Eden Prairie Lions Club Event: EP 4d'of July Date: July 4,2006 Place: Round Lake Park Organization: Eden Prairie Lions Club Event: Corn Feed Date:August 5, 2006 Place: Round Lake Park New Liquor License Licensee name: Taher, Inc DBA: Taher Business Dining&Vending Services (for the Garden Room) - 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda May 16, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII. B. Leslie Stovring Approve Second Reading of Ordinance Public Works/Environmental Amending City Code Chapter 6 Requested Action Move to: Approve Second Reading of an Ordinance Amending City Code Chapter 6 Relating to Streets and Sidewalks and adopt Resolution approving Summary Ordinance. Synopsis City Code Chapter 6 was revised to clarify and expand the requirements for placement of obstructions in streets, such as dumpsters or roll-off containers and to provide a consistent application process for other activities that are within streets, sidewalks and rights-of-way. A process for obtaining a permit from the Director of Public Works and language to allow inspections and financial security requirements were added. Parade permit applications are to be directed to the Chief of Police for review and City Council approval. Background Information The first reading for the Ordinance was on April 18, 2006. Editorial changes were made to the ordinance since that time by the City attorney. In addition,reference to City Code Chapter 1 entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation"was made. Attachments • Ordinance for City Code Chapter 6 • Ordinance Summary Resolution • Ordinance Summary • Draft Amended City Code Chapter 6 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESTOA ORDINANCE NO. 14-2006 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA AMENDING CITY CODE CHAPTER 6 RELATING TO STREETS AND SIDEWALKS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA ORDAINS: City Code Chapter 6 entitled "Streets and Sidewalks generally" is amended as follows: Section 1. Section 6.01 is amended as follows: Reference to 1990, immediately following "Minnesota Statutes," and immediately preceding "Chapter 169," is deleted; The number"5"referencing Chapter 5 of the City Code,is inserted immediately following the word "Chapters"and immediately preceding the number"6,"referencing Chapter 6 ofthe City Code;and Immediately following the first sentence of Section 6.01, which ends with the number "8." referencing Chapter 8 of the City Code,the following sentence is inserted: "Wherever reference is made to an individual or position in this Chapter, it shall mean the individual or person or his/her designee." Section 2. Section 6.02 is amended as follows: In the heading of Section 6.02, the words "AND SCOPE" are added immediately following the word"APPLICATION"; The words"City Code,"in 6.02,which immediately follow the word"of'and immediately precede the word"Chapters" are deleted; The number "5" referencing Chapter 5 of the City Code, is inserted immediately after the word "Chapters"and immediately preceding the number"6,"referencing Chapter 6 of the City Code; The words "the drivers of in Section 6.02, which immediately follow the word "to" and immediately precede the word"all"are deleted; The words "vehicles and animals upon," which appear in the existing Section 6.02, immediately following the word"to"and immediately preceding the word"streets"are deleted; The words"users of the"are inserted immediately after the word"all"and immediately preceding the word"streets,"as they appear in Section 6.02; The words "public ways, rights of way, and roadways within the City(herein after referred to as "streets"),"are inserted immediately after the word"streets"and immediately preceding the word 6-1 "including"as they appear ear in Section 6.02 and The words"located wholly or partially within the corporate limits of the City of Eden Prairie."are inserted immediately after the last word, "subdivision" of Section 6.02. Section 3. Section 6.03 is amended in its entirety as follows: Section 6.03. PERMIT APPLICATON. It is a misdemeanor to perform any work/activity defined in this Chapter and within a street in the City without a permit in writing from the Director of Public Works,except that parade permits shall be authorized by the City Council through the Chief of Police in accordance with subsequent provisions of this Chapter. Subd. 1. Permit Application Required. No permit required under any provision of this Chapter shall be issued except after submission by the requesting party(Applicant)of a written application on a form as provided by the City. The permit application shall sufficiently describe the contemplated improvements or requested activity or use of the street, the contemplated date of beginning of the work/activity, and the length of time required to complete the work/activity. All such applications shall be consistent with the provisions of this Chapter and good engineering,safety and maintenance practices shall be followed for the work/activity conducted under the permit. The permit from the City shall not relieve the Applicant from damages to the person or property of another caused by such work/activity. Such application shall be completed and submitted to the Public Works Department no later than two(2)weeks prior to the projected date that any such work shall occur. Subd. 2. Permit Application Fee. A permit application fee shall be submitted along with the permit application. No permit application shall be considered for approval until such time as the required application fee is submitted. The permit application fee required pursuant hereto shall be fixed and determined by the City Council,adopted by resolution and uniformly enforced,except that franchised utilities shall be allowed to negotiate a unique payment schedule due to the volume of permits being issued. Subd.3. Condition. Before granting any permit under any of the provisions of this Chapter,the Director of Public Works may impose such insurance,bonding,letter of credit,cash deposit or other financial security requirements thereon as deemed necessary to properly safeguard persons or property exposed to the work/activity. Such insurance shall also protect the City and its employees from any suit, action or cause of action arising by reason of such work/activity. Subd. 4. Issuance of Permit. Upon decision by the Director of Public Works that the Applicant has satisfied all applicable requirements,the requested permit shall be issued subject to the terms of this Chapter and such other terms as are specified by the Director of Public Works. Section 4. Section 6.04, Subd. 1 is amended as follows: The heading for Subd. 1 is deleted and replaced by the words"Traffic Control Devices."; The words"City Manager"which appear immediately after the words"unless the"and immediately 6-2 preceding the words"shall first,"as they appear in Section 6.04 of the City Code,are deleted and are replaced by the words"Director of Public Works"; and The word"approved,"which appears immediately after the word"have"and immediately preceding the words "and directed" as they appear in Section 6.04, is deleted and is replaced by the words "given written approval"; Section 5. Section 6.04, Subd. 2 is amended as follows: The words"or Director of Public Works"are inserted immediately following the word"Police"and immediately preceding the word",may". Section 6. Section 6.04, Subd. 4 is amended as follows: The words "or public agency vehicle carrying out official work or activities" are inserted immediately following the word"vehicle"and immediately preceding the word", contrary". Section 7. Section 6.04, Subd. 5 is amended as follows: The word"public"is inserted immediately following the word"other"and immediately preceding the final word of Section 6.04, "authority"; and The words "acting within its proper scope and jurisdiction"are added immediately after the final word, and immediately preceding the period at the end of, Subd. 5, of Section 6.04 of City Code. Section 8. Section 6.05, Subd. 1 is amended as follows: The heading is amended in its entirety as follows: "Traffic Control Devises." Section 9. Section 6.05, Subd. 1,A is amended as follows: The words"advance payment is made therefore or arrangements for payment considered adequate" which immediately follow the word"if'and immediately precede the word"by"are deleted and are replaced by the words"a permit and appropriate bonding or other financial security,as approved"; The word"City"which immediately follows the words"by the"and immediately precedes the word "completed" is deleted and is replaced by the words"Director of Public Works,"; The word"completed"which immediately follows the word"and"and immediately precedes the word"in"is deleted; and The final word of subpart A of Subd. 1, "advance"which immediately follows the word"in"and immediately precedes the period at the end of subpart A, is deleted and is replaced by the words "place prior to commencement of work". Section 10. Section 6.05, Subd. 1, B is amended as follows: The date"1990,"which immediately followed the word"Statutes,"and immediately preceded the word"Chapter" is deleted. 6-3 Section 11. Section 6.05 Subd. 2 is deleted and the existing Subd.3 is renamed as Subd.2 with the new title "Specifications and Standards." The word "performed" is added immediately following the words "shall be" and immediately preceding the word"strictly"therein. Section 12. Section 6.05 Subd.3 is deleted and the existing Subd.4 is renamed as Subd.3 with the new heading"Subd.3. Inspection." Section 13. Section 6.06, Subd 1 is amended as follows: The words "electrical cord, dumpsters, roll off containers, storage units, building construction materials, demolition or landscaping materials," are inserted immediately following the word "lines,"and immediately preceding the word"goods"; The words ", right of way, public way, sidewalk" are inserted immediately following the words "under any street"and immediately preceding the words"or other public property"; The word "Council" which immediately follows the words "permit from the" and immediately precedes the words "and then only" is deleted and is replaced by the words "Director of Public Works"; and The final sentence of the existing Subd. 1 of Section 6.06 of the City Code is deleted and is replaced by the following language: "A permit will be granted when the Director of Public Works has determined that completion of the project or activity necessitating such obstruction is not feasible without reasonable,temporary obstruction thereof. This Section shall not apply to mailboxes erected in accordance with US Post Office and any applicable City requirements or to containers temporarily placed adjacent to streets and being used for the weekly collection of solid waste or recyclables in accordance with the provisions of City Code Sections 5.36 and 9.01." Section 14. Section 6.06, Subd. 3 is amended as follows: The words"solid,recyclable or yard waste, including but not limited to"are inserted immediately following the words"street any"and immediately preceding the word"nails,"; and The words"or other"which immediately follow the word"grease,"and immediately precedes the word"petroleum"is deleted; The words"other automotive fluids or"are inserted immediately following the words"products or" and immediately preceding the words"to empty"; and The final sentence of the existing Subd. 3. of Section 6.06 of the City Code is deleted. Section 15. Section 6.06, Subd.4 is amended as follows: The words"or right of way"are inserted immediately following the word"street"and immediately 6-4 preceding the word"without." Section 16. Section 6.06, Subd. 5,A is amended as follows: The word"special"which immediately follows the word"without"and immediately precedes the word"permission" is deleted and is replaced by the word"written'; The words"or private driveway"are inserted immediately following the words"private property" and immediately preceding the words"and cause"; The words"street, sidewalk,"are inserted immediately following the words"public roadway,"and immediately preceding the word"walkway"; The word"trailway"which immediately follows the words"bike or"and immediately precedes the words"easement,park" is deleted and is replaced by the words"trail way"; and The final sentence of Subd. 5,A is deleted. Section 17. Section 6.06, Subd. 5,B is amended in its entirety as follows: "Where permission is not granted by the Director of Public Works,the City may remove any such obstruction and the person shall be initially responsible for payment of all direct and indirect costs of removing the snow or ice from the street. If not paid, collection shall be by civil action or assessment against the property as any other special assessment." Section 18. Section 6.07 is amended as follows: The heading of Section 6.07 of the City Code is deleted and is replaced by the words"GENERAL REQUIREMENTS." The language immediately following the heading of the existing Section 6.07 is deleted; Section 19. Section 6.07, is deleted and replaced in its entirety as follows: Subd. 1.Exemptions. A City employee acting within the course and scope of his employment or a contractor acting within the course and scope of a contract with the City,to make any excavation, opening or tunnel in, over, across or upon a street or other public property is exempt from the requirements of this Section. Subd.2 Protection of the City and the Public. A. Non-Completion or Abandonment. Work shall progress expeditiously to completion in accordance with any time limitation placed thereon so as to avoid unnecessary inconvenience to the public. In the event that work is not performed in accordance therewith or shall cease or be abandoned without due cause,the City may,after six (6)hours notice in writing or by electronic notification to the holder of the permit of its intention to do so, correct the work, fill the excavation and repair the public 6-5 property in a manner as it deems necessary to protect the safety and welfare of the public. All temporary and permanent repairs including back-filling,compacting and resurfacing shall be made or contracted for by the City in a manner prescribed by the Director of Public Works; and an accurate account of costs thereof shall be kept. The permit holder shall reimburse the City for these costs or the proceeds from the cash deposit, letter of credit or bond shall be used to reimburse the City for the cost of the repairs. B. Insurance. Prior to commencement of the work described in the application, the applicant shall furnish the City satisfactory evidence in writing that the applicant will keep in effect public liability insurance issued by an insurance company authorized to do business in the State of Minnesota on which the City and its employees are named as a co-insured. The amount of insurance shall be in accordance with standards and specifications on file in the office of the Director of Public Works as revised from time to time. C. Indemnification. Before issuance of a permit,the Applicant shall,in writing, agree to indemnify and hold the City harmless from any liability for injury or damage arising out of the action of the Applicant in performance ofthe work or any expense whatsoever incurred by the City incident to a claim or action brought or commenced by any person arising therefrom. Subd.3. Final Completion. Within 60 days(upon request by the Applicant)of completion to the satisfaction of the Director of Public Works the work/activity performed under the permit, the City shall release any unused bond, letter of credit or cash deposit to the Applicant. Section 20. Section 6.08 is amended as follows: The words"the streets"which appear immediately after the word"all"and immediately preceding the word"such"in the first sentence are deleted and are replaced by the words"any City street";and The word "City" is inserted immediately after the word "any" and immediately before the word "street" in the third sentence. Section 21. Section 6.20, Subd. 1 is amended as follows: The words"if such movement is without a permit hereunder" are deleted. Section 22. Section 6.20, Subd. 2 is amended by changing the heading to: "Parade Application Requirements." The words"if such movement is without a permit hereunder" are deleted. The words "City Manager"which immediately follow the words "made to the" and immediately precede the words"at least thirty"in the second sentence of Subd.2 are deleted and are replaced by the words"Chief of Police"; 6-6 At the end of the second-to-last sentence of Subd. 2 the semicolon and the words "and such" are deleted and are replaced by a period and a new sentence begins with the word"Such"inserted after the period inserted and immediately preceding the word"application"; and The word"therefore"which immediately follows the word"applying"and immediately precedes the word"or"in the final sentence of Subd. 2 is deleted and is replaced by the word"therefore". Section 23. Section 6.20, Subd. 3 is amended as follows: The first sentence of Subd. 3, is deleted and is replaced by the following sentence: "The Chief of Police shall investigate the merits and impacts of the permit application."; The word "return" which immediately follows the words "acceptance and" and immediately precedes the word"application" in the third sentence of Subd. 3, is deleted and is replaced by the word"forward"; The word"application'which immediately follows the words"return the"and immediately precedes the words "to the City" in the third sentence of Subd. 3 is deleted and is replaced by the word "recommendation"; The word "Manager" which is the last word of the third sentence of Subd. 3 is deleted and is replaced by the following language: "Council at its next regular meeting,including any recommended reimbursement for costs anticipated to be incurred by the City" The words "return the same" which immediately follow the words "he shall" and immediately precede the words"to the City"in the last sentence of Subd. 3 are deleted and are replaced by the words"forward the same";and The words"Manager with his finding"which immediately follow the word"City"and are the last words of the last sentence of Subd. 3 of are deleted and are replaced by the words"Council at its next regular meeting". Section 24. Section 6.20, Subd. 5 is amended as follows: The first sentence of Subd. 4 is deleted; The word "applicant" which immediately follows the words "acceptable to" and immediately precedes the word"which"in the second sentence of Subd.4 is deleted and is replaced by the word "Applicant"; The words "City Manager" which immediately follow the words "to the" and which are the last words of the third and last sentence of Subd.4 are deleted and are replaced by the words"Chief of Police"; and The following sentence is inserted after the last sentence of Subd.4: 6-7 "The Council may impose such fees as may be necessary to reimburse the City for costs incurred with managing traffic, performing road closures and other activities necessitated to properly provide for the safety and welfare of the community and its citizens." Section 25. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 6.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 26. Effective Date. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 21'c day of March 2006 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 16t'day of May, 2006. Kathleen Porta, City Clerk Ron Case,Acting Mayor PUBLISHED in the Eden Prairie Sun Current on , 2006 6-8 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2006- A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. 14-2006 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No.14-2006 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 16t'day of May, 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. 14-2006 is lengthy and/or contains charts. B. The text of the summary of Ordinance No. 14-2006, 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. 14-2006 shall be recorded in the Ordinance Book, along with proof of publication,within twenty(20) days after said publication. ADOPTED by the City Council on May 16, 2006. Ron Case,Acting Mayor ATTEST: Kathleen Porta, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. -2006 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 6 RELATING TO REGULATIONS RELATING TO STREETS AND SIDEWALKS,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH,AMONG OTHER THINGS,CONTAIN PENALTY PROVISONS. The following is only a summary of Ordinance No. -2006. The full text is available for public inspection by any person during regular office hours at the Office of the City Clerk. The Ordinance amends City Code Chapter 6 to clarify and expand the requirements for placement of obstructions in streets,such as dumpsters or roll-off containers and to provide a consistent application process for other activities that are within streets,sidewalks and rights-of-way. A process for obtaining a permit from the Director of Public Works and language to allow inspections and financial security requirements were added. Parade permit applications are to be directed to the Chief of Police for review and City Council approval. The revisions include the following: • Submission of a permit application fee with the application. • Ability to impose insurance or financial security requirements to properly safeguard persons or property exposed to the work or activity. • Expanded the definition of Obstructions in Streets to include dumpsters, roll off containers, storage units, demolition debris, electrical cords and landscaping materials. Restrictions on placement of obstructions was expanded to include not only streets or other public property,but also rights of way, public ways and sidewalks. • Requirement to allow inspections of the premises. • Requirement that the Director of Public Works or designee must determine that completion of the project is not feasible without a reasonable,temporary obstruction. The application must be submitted a minimum of two(2)weeks prior to starting work to allow City staff time to evaluate the site conditions and determine if the work is necessary. All applicants are required to take precautionary measures for protection of the public during the obstruction. This Ordinance incorporates, by reference, City Code Chapter 1 and City Code Section 5.99, which contain provisions relating to penalties. EFFECTIVE DATE. This Ordinance shall take effect on ATTEST: Kathleen Porta, City Clerk Ron Case,Acting Mayor PUBLISHED in the Eden Prairie Sun Current on 92006. DRAFT CHAPTER 6. STREETS AND SIDEWALKS GENERALLY. SECTION 6.01. DEFINITIONS. Except as otherwise defined in the City Code or where the context clearly indicates a contrary intent, the words and terms defined in Minnesota Statutes, Chapter 169, shall be applicable to City Code Chapters 5,6,7 and 8. Wherever reference is made to an individual or position in this Chapter,it shall mean the individual or person or his/her designee. SECTION 6.02. APPLICATION AND SCOPE. Except as otherwise stated therein,the provisions of Chapters 5,6,7 and 8 are applicable to all users of the streets, public ways, right of ways and roadways within the City (herein after referred to as "streets"), including but not limited to those owned or operated by the United'States, the State of Minnesota,or any county,town,city,district,or other political subdivision located wholly or partially within the corporate limits of the City of Eden Prairie. SECTION 6.03. PERMIT APPLICATION. It is a misdemeanor to perform any work/activity defined in this Chapter and within a street in the City without a permit in writing from the Director of Public Works, except that parade permits shall be authorized by the City Council through the Chief of Police in accordance with subsequent provisions of this Chapter. Subd. 1. Permit Application Required. No permit required under any provision of this Chapter shall be issued except after submission by the requesting party(Applicant)of a written application on a form as provided by the City. The permit application shall sufficiently describe the contemplated improvements or requested activity or use of the street, the contemplated date of beginning of the work/activity,and the length of time required to complete the work/activity. All such applications shall be consistent with the provisions of this Chapter and good engineering, safety and maintenance practices shall be followed for the work/activity conducted under the permit. The permit from the City shall not relieve the Applicant from damages to the person or property of another caused by such work/activity. Such application shall be completed and submitted to the Public Works Department no later than two(2)weeks prior to the projected date that any such work shall occur. Subd.2. Permit Application Fee. A permit application fee shall be submitted along with the permit application. No permit application shall be considered for approval until such time as the required application fee is submitted. The permit application fee required pursuant hereto shall be fixed and determined by the City Council,adopted by resolution and uniformly enforced,except that franchised utilities shall be allowed to negotiate a unique payment schedule due to the volume of permits being issued. Subd. 3. Condition. Before granting any permit under any of the provisions of this Chapter, the Director of Public Works may impose such insurance, bonding, letter of credit, cash deposit or other 6-1 financial security requirements thereon as deemed necessary to properly safeguard persons or property exposed to the work/activity. Such insurance shall also protect the City and its employees from any suit, action or cause of action arising by reason of such work/activity. Subd.4. Issuance of Permit. Upon decision by the Director of Public Works that the Applicant has satisfied all applicable requirements,the requested permit shall be issued subject to the terms of this Chapter and such other terms as are specified by the Director of Public Works. SECTION 6.04. TRAFFIC AND PARKING CONTROL. Subd. 1. Traffic Control Devices. No device,sign or signal shall be erected or maintained for traffic or parking control unless the Director of Public Works shall first have given written approval and directed the same except as otherwise provided in this Section provided that when traffic and parking control is marked or sign-posted,such marking or sign-posting shall attest to appropriate action thereon. Subd.2. Temporary Restrictions. The City,acting through the Chief of Police or Director of Public Works, may temporarily restrict traffic or parking for any private, public or experimental purposes. Subd.3. Traffic Restrictions and Prohibitions. It is a misdemeanor for any person to drive a vehicle contrary to lane restrictions or prohibitions painted on any street or contrary to sign-posted,fenced,or barricaded restrictions or prohibitions. Subd. 4. Parking Restrictions and Prohibitions. It is unlawful for any person to park a vehicle, except an emergency vehicle or public agency vehicle carrying out official work or activities,contrary to lane restrictions or prohibitions painted on any curb or contrary to sign-posted,fenced,or barricaded restrictions or prohibitions. Subd. 5. Damaging or Moving Markings. It is a misdemeanor for any person to deface, mar, damage,move,remove,or in any way tamper with any structure,work,material,equipment,tools,sign, signal, barricade, fence, painting or appurtenance in any street unless such person has written permission from the City or is an agent, employee or contractor for the City or other authority having jurisdiction over a particular street and acting within the authority or scope of a contract with the City or such other public authority acting within its proper scope and jurisdiction. SECTION 6.05. CONSTRUCTION AND RECONSTRUCTION OF ROADWAY SURFACING, SIDEWALK,CURB AND GUTTER. Subd. 1. Methods. A. Abutting or affected property owners may contract for, construct or reconstruct roadway surfacing, sidewalk or curb and gutter in accordance with this Section if a permit and appropriate bonding or other financial security, as approved by the Director of Public Works, are in place prior to commencement of work. B. Construction or reconstruction of roadway surfacing, sidewalk or curb and gutter can be 6-2 requested with a petition or ordered by the City Council without a petition by the methods set forth in Minnesota Statutes, Chapter 429,as the same may from time to time be amended. Subd.2. Specifications and Standards. All construction and reconstruction of roadway surfacing, sidewalk and curb and gutter improvements, including curb cuts, shall be performed strictly in accordance with specifications and standards on file in the office of the Director of Public Works and open to inspection and copying there. Such specifications and standards may be amended from time to time by the City, but shall be uniformly enforced. Subd. 3. Inspection. The Director of Public Works shall inspect such improvements as deemed necessary or advisable. Any work not done according to the applicable specifications and standards shall be removed and corrected at the expense of the permit holder. Any work done hereunder may be stopped by the Director of Public Works if found to be unsatisfactory or not in accordance with the specifications and standards, but this shall not place a continuing burden upon the City to inspect or supervise such work. SECTION 6.06. OBSTRUCTIONS IN STREETS. Subd. 1. Obstructions. It is a misdemeanor for any person to place,deposit,display or offer for sale any fence, poles, lines, electrical cord, dumpsters, roll off containers, storage units, building construction materials, demolition or landscaping materials, goods or other obstructions upon, over, across or under any street, right of way, public way, sidewalk or other public property without first having obtained a written permit from the Director of Public Works and then only in compliance in all respects with the terms and conditions of such permit and taking precautionary measures for the protection of the public. A permit will be granted when the Director of Public Works has determined that completion of the project or activity necessitating such obstruction is not feasible without reasonable, temporary obstruction thereof. This Section shall not apply to mailboxes erected in accordance with US Post Office and any applicable City requirements or to containers temporarily placed adjacent to streets and being used for the weekly collection of solid waste or recyclables in accordance with the provisions of City Code Sections 5.36 and 9.01. Subd.2. Fires. It is a misdemeanor for any person to build or maintain a fire upon the street. Subd.3. Dumping in Streets. It is a misdemeanor for any person to throw or deposit in any street any solid, recyclable or yard waste, including but not limited to nails, dirt, glass or glassware, cans, discarded cloth or clothing,metal scraps,garbage,leaves,grass or tree limbs,paper or paper products, shreds or rubbish, oil, grease, petroleum products or other automotive fluids or to empty any water containing salt or other injurious chemical thereon. It is a violation of this Section to haul any such material inadequately enclosed or covered thereby permitting the same to fall upon streets. Subd.4. Signs and Other Structures. It is a misdemeanor for any person to place or maintain a sign, advertisement, or other structure in any street or right of way without first having obtained a written permit from the Council except as otherwise permitted by the City Code. Subd.5. Placing Snow or Ice in a Public Right-of-Way. 6-3 A. It is a misdemeanor for any person not acting under a specific contract with the City or without written permission from the Director of Public Works to remove snow or ice from private property or private driveway and cause the same to obstruct, encroach upon, encumber, or interfere wholly or partially with any public right-of-way,including but not limited to a public roadway,street,sidewalk,walkway,bike or trail way,easement,park or other public property. B. Where permission is not granted by the Director of Public Works,the City may remove any such obstruction and the person shall be initially responsible for payment of all direct and indirect costs of removing the snow or ice from the street. If not paid, collection shall be by civil action or assessment against the property as any other special assessment. Subd.6. Continuing Violation. Each day that any person continues in violation of this Section shall be a separate offense and punishable as such. SECTION 6.07. GENERAL REQUIREMENTS. Subd. 1. Exemptions. A City employee acting within the course and scope of his employment or a contractor acting within the course and scope of a contract with the City, to make any excavation, opening or tunnel in, over, across or upon a street or other public property is exempt from the requirements of this Section. Subd.2. Protection of the City and the Public. A. Non-Completion or Abandonment. Work shall progress expeditiously to completion in accordance with any time limitation placed thereon so as to avoid unnecessary inconvenience to the public. In the event that work is not performed in accordance therewith or shall cease or be abandoned without due cause,the City may,after six(6)hours notice in writing or by electronic notification to the holder of the permit of its intention to do so, correct the work, fill the excavation and repair the public property in a manner as it deems necessary to protect the safety and welfare of the public. All temporary and permanent repairs including back-filling, compacting and resurfacing shall be made or contracted for by the City in a manner prescribed by the Director of Public Works; and an accurate account of costs thereof shall be kept. The permit holder shall reimburse the City for these costs or the proceeds from the cash deposit, letter of credit or bond shall be used to reimburse the City for the cost of the repairs. B. Insurance. Prior to commencement of the work described in the application,the applicant shall furnish the City satisfactory evidence in writing that the applicant will keep in effect public liability insurance issued by an insurance company authorized to do business in the State of Minnesota on which the City and its employees are named as a co-insured. The amount of insurance shall be in accordance with standards and specifications on file in the office of the Director of Public Works as revised from time to time. C. Indemnification. Before issuance of a permit, the Applicant shall, in writing, agree to indemnify and hold the City harmless from any liability for injury or damage arising out of the action of the Applicant in performance of the work or any expense whatsoever incurred by the 6-4 City incident to a claim or action brought or commenced by any person arising therefrom. Subd. 3. Final Completion. Within 60 days (upon request by the Applicant) of completion to the satisfaction of the Director of Public Works the work/activity performed under the permit,the City shall release any unused bond, letter of credit or cash deposit to the Applicant. SECTION 6.08. LOAD LIMITS. The Director of Public Works may,at his discretion,impose upon vehicular traffic on any part or all of any City street such load limits as may be necessary or desirable. Such limits and the specific extent or weight to which loads are limited shall be clearly and legibly sign-posted thereon. It is a misdemeanor for any person to operate a vehicle on any City street in violation of the limitation so posted. SECTION 6.20. PARADES. Subd.1. Definition. The term"parade"means any movement of vehicles,persons or animals,or any combination thereof,which either moves together and as a body so as to in some way impede or affect the free and unobstructed flow of vehicular or pedestrian traffic or which moves so that some part thereof is in violation of one or more traffic laws or regulations. Subd.2. Parade Permit Application Requirements. It is a misdemeanor to sponsor or participate in a parade for which no permit has been obtained from the City,and it is also a misdemeanor to obtain a parade permit and not conduct the same in accordance with the permit granted by the City. Application for such permit shall be made to the Chief of Police at least thirty(30)days in advance of the date on which it is to occur and shall state the sponsoring organization or individual,the route,the length,the estimated time of commencement and termination,and the general composition. Such application shall be executed by the individuals applying therefore or the duly authorized agent or representative of the sponsoring organization. Subd. 3. Investigation. The Chief of Police shall investigate the merits and impacts of the permit application. If any State trunk highways are in the route,the Chief of Police shall make all necessary arrangements with the Minnesota Department of Public Safety for alternate routes or whatever may be necessary. If the Chief of Police finds that such a parade will not cause a hazard to persons or property and will cause no great inconvenience to the public and if he is able to make arrangements for necessary direction and control of traffic,he shall endorse his acceptance and forward the recommendation to the City Council at its next regular meeting, including any recommended reimbursement for costs anticipated to be incurred by the City. If the Chief of Police finds the parade described in the application to be a hazard or a substantial inconvenience or if he is unable to make adequate arrangements for direction or control of traffic, he shall forward the recommendation to the City Council at its next regular meeting. Subd.4. Council Action. The Council may(1)deny the permit,(2)grant the permit,or(3)grant the permit on condition that a date, time or route are acceptable to Applicant which differ from such as stated in the application. Applicant shall have three (3) days within which to communicate his acceptance to the Chief of Police. The Council may impose such fees as may be necessary to reimburse 6-5 the City for costs incurred with managing traffic, performing road closures and other activities necessitated to properly provide for the safety and welfare of the community and its citizens. Subd. 5. Unlawful Acts. A. It is unlawful for any person to hamper,obstruct,or impede or interfere with any parade,parade assembly or any person, animal or vehicle participating in the parade. B. It is unlawful for any person to drive a vehicle between the vehicles or persons comprising a parade when such parade is in motion. C. It is unlawful for any person to enter into a parade without prior authorization from the parade chairman. Subd. 6. Exceptions. This Section shall not apply to (1) funeral processions or (2) a government agency acting within the scope of its functions. SECTION 6.99. VIOLATION A MISDEMEANOR OR PETTY MISDEMEANOR. Every person violates a section,subdivision,paragraph or provisions of this Chapter when he performs an act thereby prohibited or declared unlawful or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof shall be punished as follows: Subd.1. Where the specific section,subdivision,paragraph or provision specifically makes violation a misdemeanor,he shall be punished as for a misdemeanor;where a violation is committed in a manner or under circumstances so as to endanger or be likely to endanger any person or property,he shall be punished as for a misdemeanor;where he stands convicted of violation of any provision of this Chapter, exclusive of violations relating to the standing or parking of an unattended vehicle, within the immediate preceding twelve-month period for the third or subsequent time,he shall be punished as for a misdemeanor. Subd.2. As to any violation not constituting a misdemeanor under the provisions of Subd. 1 hereof,he shall be punished as,for a petty misdemeanor. 6-6 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 16, 2006 DEPARTMENTS/DIVISION: George Esbensen, Fire Chief ITEM DESCRIPTION: ITEM NO.: VII. C. Kevin Schmieg, Building 2nd reading of an ordinance amending City Code Official Section 9.11 relating to the Rental Housing Code. Requested Action Move to: Approve second reading of an Ordinance amending City Code Section 9.11 and adopt Resolution approving Summary Ordinance. Synopsis The proposed changes are primarily housekeeping, requirements with the exception of adding q for the building interior and smoke detectors and adding the presence of mold as a violation. The revisions include: • Changing the name of Building Official to Administrative Authority • Adding Subd. 8 relating to building interiors • Adding Subd. 10, smoke detectors and renumbering • Amending Subd. 6, 7, and 11 Attachments • Ordinance • Summary Resolution • Ordinance Summary C:\RDCab\PL\Temp\Cover-Ordinance Chapter 9.doc CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. -2006 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE SECTION 9.11 BY CHANGING THE NAME OF BUILDING OFFICIAL TO ADMINISTRATIVE AUTHORITY; ADDING A NEW SUBD. 8, BUILDING INTERIOR; ADDING A NEW SUBD. 10 SMOKE DETECTORS; AND AMENDING SUBD. 6, 7, AND 11; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 9.99, WHICH AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA,ORDAINS: Section 1. City Code Section 9.11 entitled, "RENTAL HOUSING" is amended by deleting the title "Building Official" and in each instance in Section 9.11 replacing it with "Administrative Authority." Section 2. City Code Section 9.11, Subd.4 is amended by inserting the following new definition in alphabetical order and renumbering the Definitions section accordingly: "Administrative Authority"means the Fire Chief,the Building Official or their designee. Section 3. City Code Section 9.11, Subd. 6.A.2. is amended by adding at the end of the sentence", except that a window shall not be required in such spaces equipped with a mechanical ventilation system." Section 4. City Code Section 9.11, is amended by adding Subd. 6.A.6. as follows: Premises Identification. Building shall have approved address numbers, placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background and numbers shall be a minimum of 4 inches high. Section 5. City Code Section 9.11, Subd. 7. A. is amended by changing "seventy" degrees to "sixty eight" degrees and by adding after the last sentence "Heat shall be supplied during the period of September 15t' to May 15t'. Exception: When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required, provided that the heating system is operating at its full design capacity." Section 6. City Code Section 9.11, Subd. 8,Exits is renumbered Subd. 9. Section 7. City Code Section 9.11, a new subd. 8,Building Interior, is added as follows: Subd. 8. Building Interior. A. Interior surfaces. Interior surfaces including windows and doors shall be maintained in good, clean and sanitary condition. Peeling, chipping, flaking or abraded paint shall be repaired, removed or covered. Cracked or loose plaster, decayed wood, and other defective surfaces shall be corrected. B. Interior Doors. Every interior door shall fit reasonably within its frame and shall be capable of being opened and closed by being properly attached to jambs, headers or tracks as intended by the manufacturer of the attachment hardware. C. Handrails and Guards. Every handrail and guard shall be firmly fastened and capable of supporting normally applied loads and shall be maintained in good condition in conformance with the code under which it was constructed. D. Stairs and walking surfaces. Every stair, ramp, landing,balcony, porch, deck,or other walking surface shall be maintained in sound condition and good repair. Section 8. City Code Section 9.11, Subd. 9, Substandard Building is renumbered Subd. 11. Section 9. City Code Section 9.11, Subd. 11, Substandard Buildings Subd. C. is amended by adding 12.as follows: 12. Presence of mold or other fungal growth. Section 10. City Code Section 9.11, a new Subd. 10, Smoke Detectors is added as follows: Subd. 10 Smoke Detectors. Existing Group R occupancies not already equipped with single station smoke alarms shall be equipped with approved single station smoke alarms. Smoke detectors shall be installed on each floor of residential buildings in accordance with the Minnesota State Fire Code. Smoke Alarms shall be maintained in an operative condition at all times and shall be replaced or repaired when defective. Section 11. City Code Section 9.11, Subd. 10, Notices and Orders of Administrative Authority is renumbered Subd. 12. Section 12. City Code Section 9.11, Subd. 11,Appeal is renumbered Subd. 13. Section 13. City Code Section 9.11, Subd. 12, Enforcement of the Order of the Administrative Authority or the Building Code Board of Appeals is renumbered Subd. 14. Section 14. This ordinance shall become effective from and after its passage and publication. Section 15. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to Entire City Code including Penalty for Violation" and Section 9.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 21St day of March, 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 Sun Current on the day of , 2006. CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2006- A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. 15-2006 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 15-2006 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 160'day of May 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. 15-2006 is lengthy and/or contains charts. B. The text of the summary of Ordinance No. 15-2006, 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. 15-2006 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 the 16t'day of May 2006. Ron Case,Acting Mayor ATTEST: Kathleen Porta, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 15-2006 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CITY CODE SECTION 9.11 RELATING TO THE RENTAL HOUSING CODE. The following is only a summary of Ordinance No. 15-2006. The full text is available for public inspection by any person during regular office hours at the office of the City Clerk. The amendment to the ordinance changes definitions, renumbers, adds requirements for smoke detectors and regulates the interior environment of rental dwellings. Effective Date. This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Ron Case,Acting Mayor PUBLISHED in the Eden Prairie Sun Current on CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 16, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII. D. Randy L. Slick Final Plat Approval of Lone Oak Center Public Works/Engineering Requested Action Move to: Adopt Resolution approving the final plat of Lone Oak Center. Synopsis This proposal is for the plat located west of Mitchell Road and north of Lone Oak Road. The plat consists of 5.27 acres to be divided into three commercial lots and right-of-way dedication for street purposes. This is a replat of the Wingate Hotel Addition. Background Information The preliminary plat was approved by the City Council February 21, 2006. Second Reading of the Rezoning Ordinance and final approval of the Developer's Agreement was completed on March 21,2006. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$664.02 • Receipt of street lighting fee in the amount of$1,160.08 • Prior to release of the final plat,Developer shall provide to the City a current title insurance policy. • Satisfaction of bonding requirements for the installation of public improvements • The requirements as set forth in the Developer's Agreement • Provide a list of areas (to nearest square foot)of all lots, outlots and road right-of-ways certified by surveyor • Prior to release of final plat, Developer shall provide a cross access, private utilities, parking and Maintenance Agreement for Lots 1-3,Block 1. • Prior to release of the final plat, Developer shall submit and receive approval of a Wetland Plan by the Environmental Coordinator. • Prior to release of the final plat, Developer shall record and provide proof of filing the Development Agreement at the County Recorder and/or Registrar of Titles. • Revision to plat shall include standard boundary drainage and utility easements along all property lines. Attachments • Resolution • Drawing of final plat CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2006- A RESOLUTION APPROVING FINAL PLAT OF LONE OAK CENTER WHEREAS, the plat of Lone Oak Center 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 Lone Oak Center is approved upon compliance with the recommendation of the City Engineer's report on this plat dated May 16,2006. 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 May 16,2006. Ron Case,Acting Mayor ATTEST: SEAL Kathleen Porta,City Clerk FINAL PLAT LONE OAK CENTER IF W7-Zl— 1, ROAR --T MITCYE JE ILL ___------------- ------------ -------------------------- -------------- FF 8 IF 1.—1 1,—7 MM M)DFF-. i. 9 p E.. LEGEND o S 10 ---------- ------------------ o 1 !v 7-,; 9 E T L AIN 104 114M s 2W41.or F DETAIL 0I NW58 17432 WIN.& SEMN 15.TOWNSHIP 115 N..N E 22 W. -L— 11n. Q., LOCATION MAP NOT ro SCAU (es) DRAFT COPY 4-28-06 MS PLAT f'NEPAIFFED W COLTON A WW.WC. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 16, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 06-5675 ITEM NO.: VII.E. Randy Newton Approve Special Assessment Public Works/Engineering Agreement for the Mitchell Road/Lone Oak Road Traffic Signal Improvements Requested Action Move to: Approve Special Assessment Agreement for the Mitchell Road/Lone Oak Road Traffic Signal Improvements. Synopsis The installation of a traffic signal at the Mitchell Road/Lone Oak Road intersection is a requirement of the Lone Oak Center Developer's Agreement. The Lone Oak Center Developer has requested that the City complete the improvement on a Special Assessment basis. Background Information The Lone Oak Center Developer's Agreement requires the installation of the Mitchell Road/ Lone Oak Road traffic signal concurrent with the development of the property. The Developer has requested that this obligation be converted to a special assessment agreement against the property with the City implementing the project. With approval of the Special Assessment Agreement city staff will coordinate the installation of the traffic signal with the schedule of the Lone Oak Center development. Currently it is anticipated that the traffic signal will be operational near the beginning of November 2006. With this agreement Lone Oak Center, LLC is responsible for the actual construction cost of the Mitchell Road/Lone Oak Road traffic signal and all related expenses including capitalized interest, engineering services, and testing. Attachments • Special Assessment Agreement S.A.A.06-04 AGREEMENT REGARDING SPECIAL ASSESSMENTS THIS IS AN AGREEMENT MADE THIS_day of , 2006, between the City of Eden Prairie,a municipal corporation,(the"City")and Lone Oak Center,LLC,a Minnesota limited liability company(the"Owner"). A. The Owner holds legal and equitable title to property described as Lots 1 and 2, Block 1, Wingate Hotel Addition, Hennepin County, Minnesota, which property is the subject of this Agreement and is hereinafter referred to as the"Property". B. The Owner desires to develop the property in such a manner that requires the construction of a new traffic signal at the Mitchell Road/Lone Oak Road intersection(which is hereafter referred to as the"Improvements"). The costs of the improvements shall consist of the actual construction costs, and related project expenses including but not limited to, the costs of capitalized interest,engineering services,and testing. C. The parties hereto desire to enter into an Agreement concerning the financing of the construction of the Improvements all of which will inure to the benefit of the Property. AGREEMENTS IT IS HEREBY AGREED as follows: 1. The Owner consents to the levying of assessments against the Property in the amount not to exceed$350,000 for the Improvements. 2. The City's assessment records for the Property will show the assessments as a "pending assessment"until levied. 3. The Owner waives notice of any assessment hearing to be held at which hearing or hearings the assessment is to be considered by the City Council and thereafter approved and levied. 4. The Owner concurs that the benefit to the Property by virtue of the Improvements to be constructed exceeds the amount of the assessment to be levied against the Property. The Owner waives all rights it has by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of the assessments, or the procedures used by the City in apportioning the assessments and hereby releases the City,its officers,agents and employees from any and all liability related to or arising out of the imposition or levying of the assessments. 5. This Agreement may not be terminated or amended except in writing executed by both parties hereto,provided however upon the levying of the special assessments contemplated by Paragraph 1 hereof such a writing is not required and the City may upon request of the owner of the property affected, without the necessity of further City Council approval, unilaterally prepare and provide to the owner for recording a document releasing any property so levied from this Agreement. 6. This agreement shall be effective immediately OWNER CITY OF EDEN PRAIRIE Lone Oak Center A Minnesota limited liability company A Minnesota Municipal Corporation By: By: Ron Case, It's Acting Mayor By: Scott H.Neal It's City Manager STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2006,by Nancy Tyra-Lukens,the Mayor,and Scott H.Neal,the City Manager,of the City of Eden Prairie,a Minnesota municipal corporation,on behalf of the corporation. Notary Public STATE OF MINNESOTA ) )SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2006, by , the of Lone Oak Center,LLC,a Minnesota limited liability company,on behalf of the company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 16,2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 06-5667 ITEM NO.: VII. F. Mary Krause Award Contract to Pearson Brothers, Public Works/Engineering Inc. for 2006 Sealcoating Requested Action Move to: Award Contract for 2006 Street Sealcoating to Pearson Brothers, Inc., in the amount of$333,118.90. Synopsis Bids were received on Thursday, May 11, 2006 for the 2006 Sealcoating project. Three bids Y Y gp J were received and are tabulated as follows: Pearson Brothers, Inc. $333,118.90 Allied Blacktop Company $361,168.15 ASTECH $435,336.26 Background Information Street sealcoating is an annual street maintenance project. The prices for this year's sealcoat are approximately 20% higher than last year's prices; this increase is due to the increased fuel costs associated with both transportation and actual material prices for the project. The 2006 Operating and Maintenance budget for sealcoating is $245,000. The balance of $86,118.90 between the actual project costs and budget amount will be taken from the CIP for pavement maintenance. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 16, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 06-5673 ITEM NO.: VII. G. Mary Krause Award Contract to William Mueller& Public Works/Engineering Sons, Inc. for 2006 Bituminous Overlay Project Requested Action Move to: Award Contract for 2006 Street Bituminous Overlay project to William Mueller & Sons, Inc., in the amount of$914,590.00. Synopsis Bids were received on Thursday,May 11, 2006 for the 2006 Bituminous Overlay project. Seven bids were received and are tabulated as follows: William Mueller& Sons, Inc. $914,590.00 Bituminous Roadways, Inc. $929,650.00 Valley Paving, Inc. $981,170.00 Midwest Asphalt Corporation $1,079,895.00 Hardrives, Inc. $1,116,350.00 Northwest Asphalt $1,168,710.00 C.S. McCrossan Construction, Inc. $1,223,850.00 Background Information The Bituminous Overlay is an annual street maintenance project. The prices for this year's overlay project are approximately 20% higher than the 2005 overlay project. This increase is attributable to the increased costs of fuel and bituminous materials used within the project. The 2006 Operating and Maintenance budget for milling and overlay is $250,000. The Council- approved five-year CIP allocated an additional $1,200,000 for pavement maintenance for 2006. Approximately $665,000 of these monies will be added to the overlay program. The additional CIP funds will be utilized for additional projects including sealcoating. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 16, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 06-5675 ITEM NO.: VII.H. Randy Newton Approve Professional Services Public Works/Engineering Agreement with SRF Consulting Group for Lone Oak Center Traffic Signal Design, Construction and Signal Timing Requested Action Move to: Approve Professional Services Agreement with SRF Consulting Group for Lone Oak Center Traffic Signal Design, Construction and Signal Timing. Synopsis The Lone Oak Center Developer has requested that the City complete the construction of the Mitchell Road/Lone Oak Road intersection improvement on a Special Assessment basis. With approval of the Special Assessment Agreement and in order to meet the development schedule, staff would like to proceed with the design of the traffic signal. Background Information The Lone Oak Center Developer's Agreement requires the installation of the Mitchell Road/ Lone Oak Road traffic signal concurrent with the development of the property. The Developer has requested that this obligation be converted to a Special Assessment Agreement against the property with the City implementing the project. The Special Assessment Agreement with Lone Oak Center, LLC is included as a separate item on the City Council agenda. With approval of the Special Assessment Agreement city staff will coordinate the installation of the traffic signal with the schedule of the Lone Oak Center development. Currently it is anticipated that the traffic signal will be operational near the beginning of November 2006. The traffic signal improvements will also include implementing a coordinated traffic signal timing plan for Mitchell Road. The plan will be implemented concurrent with the traffic signal turn-on. The Professional Services Agreement includes an estimated cost of$40,700. Of this, $12,700 is attributed to the traffic signal design, 10,900 to construction administration, and $19,200 to coordinated traffic signal timing. The Developer, on an assessment basis is responsible for these and all other costs associated with the project. Attachments • Professional Services Agreement • Proposal letter STANDARD AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made on the day of ,20 ,between the City of Eden Prairie,Minnesota(hereinafter"City"),whose business address is 8080 Mitchell Road,Eden Prairie,MN 55344,and SRF Consulting Group,Inc.,a Minnesota corporation(hereinafter"Consultant")whose business address is One Carlson Parkway North, Suite 150,Minneapolis,MN 55447. 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, funs or corporations providing such services enter into written agreements with the City. The purpose of this agreement is to set forth the terms and conditions for the provision of professional services by Consultant for the Lone Oak Center traffic signal design,construction and signal timing,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 the attached proposal letter dated May 8,2006,in connection with the Work. 2. Time for Performance of Services. The Consultant shall perform the services described in the proposal letter within a mutually agreed-upon time schedule. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in an amount not to exceed$40,700.00 for the services as described in the proposal letter. A. Any changes in the scope of the work which may result in additional 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, 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. 1 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. Bills submitted shall be paid in the same manner as other claims made to the City. A. Progress Pam. 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. Pavments 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 George Stuempfig, Adrian Potter, and Jon Krieg 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 George Stuempfig, Adrian Potter, or Jon Krieg 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 Agreement, but Consultant may retain copies of such documents as records of the services provided. 2 10. Term. The term of this Agreement shall be from May 17,2006 through,June 30,2007,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 or complete the work identified in Paragraph 1. 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 g 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 Discrindnation. 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. 16. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 3 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. Indemnification. 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 an insurance policy as follows: 1. $1,000,000 Each Occurrence 2. $2,000,000 General Aggregate 3. $1,000,000 Auto Liability 4. $2,000,000 Excess/Umbrella Liability 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. 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 4 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. A copy of the Consultant's Declaration of Insurance naming the City as an additional insured must be provided to the City prior to commencing work. 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 therefrom. 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 PRAHUE Mayor City Manager FIRM NAME By: Its: 6 01 CONSULTING GROUP , INC . Transportation*Civil•Structural*Environmental*Planning*Traffic*Landscape Architecture*Parking•Right of Way Proposal No.P06232R May 8, 2006 Mr.Randy Newton, P.E., P.T.O.E. Traffic Engineer CITY OF EDEN PRAIRIE City Center—8080 Mitchell Road Eden Prairie,Minnesota 55344-2230 Dear Mr.Newton: SUBJECT: PROPOSAL FOR PROFESSIONAL SERVICES FOR LONE OAK CENTER TRAFFIC SIGNAL DESIGN,CONSTRUCTION AND SIGNAL TIMING Based on your request, we are pleased to submit this proposal to provide professional services for design and construction of one new interconnected full-traffic-actuated traffic control signal system, and coordinated signal timing plans for six intersections. SCOPE OF SERVICES We propose to carry out the work described as follows: A. SIGNAL JUSTIFICATION REPORT (SJR) 1. SRF will estimate an hourly distribution of vehicles generated by imminent development of Lone Oak Center. 2. We will perform signal warrants analysis using existing hourly approach volume data furnished by the City and anticipated volumes from number 1 above. 3. We will prepare a draft SJR, submit to applicable agencies for review, address review comments, and submit a final SJR for signatures. B. TRAFFIC SIGNAL DESIGN 1. SRF will design and prepare preliminary plans and special provisions for a new interconnected full-traffic-actuated signal at the intersection of Mitchell Road and Lone Oak Road. We will submit the preliminary plans and special provisions to the appropriate agencies for review. 2. We will address agency review comments on the plans and special provisions. One Carlson Parkway North,Suite 1 S0 Case Plaza,i North Second street Mimeapolis,Minnesota 55447-4443 S r f consulting.corn Fargo,North Dakota 58102-4807 Tel:763-475-0010*Fax:763-475-2429 Tel:701-237-0010*Fax:701-237-0017 An Equal Opparha city Empl yrr Mr. Randy Newton, P.E., P.T.O.E. -2- May 8,2006 We will prepare front-end specifications, including an advertisement for bids and bid proposal form, and an engineer's estimate. We will submit the completed PS&E package for approval and signature. C. CONSTRUCTION ADMINISTRATION/INSPECTION 1. SRF will review contractor bids and prepare a recommendation of award. 2. We will attend a pre-construction conference. 3. SRF will inspect construction of the interconnected traffic signal system. We will attend the signal turn-on. Upon substantial completion of construction, we will perform a final inspection and prepare a punchlist of remaining work/cleanup items. We will verify that the Contractor has satisfactorily addressed all punchlist items. 4. We will prepare a set of record drawings and submit to the City. D. SIGNAL TIMING SRF will create, implement and fine-tune coordinated signal timing plans for a system of six traffic signals along Mitchell Road, including the following intersections: Anderson Lakes Parkway Technology Drive Lone Oak Road TH 5 South Ramps TH 5 North Ramps Martin Drive AM and PM peak period turning movement count data for each intersection will be furnished by the City. Mid-day turning movement counts are recommended for better balanced flow timing plans(see Optional Work Task E). 1.0 Field Studies 1.1 Conduct three "before" and "after" intersection delay studies at selected cross- street approaches. The studies will be conducted during either the AM or PM peak periods and each study will be for one approach and last for 30 minutes. The intersection approaches and associated peak periods will be selected by the Project Team during the course of the project. Mr. Randy Newton,P.E., P.T.O.E. -3 - May 8, 2006 2.0 Analysis of Existing Conditions and Review of Provided Data 2.1 Review data provided by the City including: intersection layouts showing all geometry, current signal timing plans (including time-of-day settings), system detector counts, three years of crash history and road tube/intersection turning movement counts. 2.2 Field-review the existing operations during the AM and PM peak periods. Note lengths of turning bays, lane configurations, speed limits, bus stops, presence of pedestrians, and any No Turn on Red signs. 2.3 Prepare traffic flow charts using Turning Movement Counts furnished by the City. Develop the charts utilizing the Peak 15 minutes times 4 method and balance the counts between intersections for each time period to be analyzed. 2.4 Prepare Synchro files and SIMTRAFFIC model for existing conditions using existing signal timing provided by the City. 2.5 Compare Synchro and SIMTRAFFIC model results to field observations and calibrate the model as necessary to accurately represent existing conditions. As part of this process, the intersection delay study locations should be selected by the Project Team and studies performed as described in Task 1 to help calibrate the model. 2.6 Prepare technical memorandum documenting the existing conditions analysis and operational problems that were observed, and submit memorandum and Synchro files to the City and Mn/DOT for review and approval. 3.0 Optimization of Signal Timing 3.1 Develop optimized Synchro signal timing plans and SIMTRAFFIC model for five time periods using the following data provided by the City: minimum green times, yellow and all-red times, walk and flashing don't walk times. Plans are assumed to be AM peak, AM off-peak, balanced flow, PM peak, and PM off-peak. 3.2 Analyze results from Synchro and SIMTRAFFIC and consider making cycle length, offset and split changes to improve bandwidth and other measures of effectiveness. Adjust cross street and left turn splits based on timing needs calculated from the Critical Lane Analysis of the Highway Capacity Manual. Analyze the walk and flashing don't walk times in relation to cross-street splits at intersections with a large number of pedestrians. Mr.Randy Newton, P.E., P.T.O.E. -4 - May 8, 2006 3.3 Analyze measures of effectiveness results and compare to existing conditions. 3.4 Prepare technical memorandum documenting the proposed timing plan analysis and submit memorandum and Synchro files to the City and Mn/DOT for review and approval. 4.0 Timing Plan Implementation 4.1 Meet with Mn/DOT staff and assist in the transfer of the signal timing program data for download into Mn/DOT's Aries system. Assumes that Mn/DOT will have an Aries network set up for this corridor. 4.2 Assist City and Mn/DOT staff in field review of traffic operations to verify that the newly implemented timing plans are working correctly. Conduct a second field review several months after internal implementation of timing plans, and after further development of Lone Oak Center has occurred, and make any further adjustments to the plans that are deemed to improve traffic operations. It is assumed that each timing plan will be reviewed an average of two times in the field immediately after implementation of the coordinated timing plans, and two more times after further development has occurred. 4.3 Update the Synchro files with the timing changes made in the field and submit to the City and MwDOT. 4.4 Prepare a technical memorandum documenting the final timing plans and summarizing the offset and split changes made during field observations. 5.0 Meetings 5.1 Meet with City and Mn/DOT to review existing conditions Synchro files and technical memorandum(Task 2.0 deliverable) (one meeting). 5.2 Meet with City and Mn/DOT to review optimized Synchro files and technical memorandum (Task 3.0 deliverable) (one meeting). E. MID-DAY TURNING MOVEMENT COUNTS (OPTIONAL) Signal timing plans can be prepared without mid-day turning movement counts. However, the timing plans will be much better suited to actual traffic conditions if this count data is gathered. If the City desires, SRF can collect turning movement counts at each of the subject intersections from 11:00 AM to 1:00 PM on a weekday. Mr. Randy Newton, P.E., P.T.O.E. - 5 - May 8, 2006 ASSUMPTIONS In preparing this proposal, we have made the following assumptions: 1. 48 hours of existing hourly approach volume count data for each approach to Mitchell Road/Lone Oak Drive intersection will be furnished by the City. 2. The City will furnish an electronic file with existing geometry for the Mitchell Road/Lone Oak Drive intersection. 3. Interconnect cable currently runs along Mitchell Road, through the Lone Oak Drive intersection. This cable will be cut and terminated in the new signal cabinet from one direction, and replaced in the other direction. 4. State Aid funds will not be used. Signal plans will be prepared to Mn/DOT standards, and will be reviewed by the City and Mn/DOT. 5. Interaction with Mn/DOT with regard to signal timing will be limited to helping Mn/DOT to input and activate the new timing plans, field review and fine-tuning of timing plans, and submitting technical memoranda and Synchro files that reflect existing conditions, proposed timing, and the signal timing settings after fine-tuning in the field. Mn/DOT will also be invited to the two meetings to review Synchro files and discuss Technical Memoranda. PROJECT TEAM We anticipate that George Stuempfig, P.E., P.T.O.E. will be the Principal-In-Charge, Adrian Potter, P.E., will manage signal design and construction, and Jon Krieg, P.E., P.T.O.E. will manage signal timing efforts. SCHEDULE We will complete this work within a mutually agreed-upon time schedule. It is understood that the City anticipates a signal turn-on around November 1, 2006. BASIS OF PAYMENT/BUDGET We propose that we be reimbursed for our services on an hourly basis for the actual time expended. Other direct project expenses, such as printing, supplies, reproduction, etc., will be billed at cost, and mileage will be billed at the current allowable IRS rate for business miles. Mr.Randy Newton, P.E., P.T.O.E. - 6 - May 8,2006 Based on our understanding of the project and our Scope of Services, we estimate the cost of our services to be $40,700, which includes both time and expenses. Of this, $2,000 is attributed to the SJR, $10,700 to design, $10,900 to construction administration/inspection, and $17,100 to coordinated signal timing plan creation/implementation. If the City would like SRF to gather mid-day turning movement counts,we estimate an additional cost of$2,100. Additional services that may be requested will be billed on the same time and expense basis. Invoices are submitted on a monthly basis for work performed during the previous month. Payment is due within 30 days. CHANGES IN THE SCOPE OF SERVICES/ADDITIONAL SERVICES It is understood that if the scope or extent of work changes or additional services are requested, the cost will be adjusted accordingly. Before any out-of-scope or additional service work is initiated, however, we will submit a budget request for the new work and will not begin work until we receive authorization from you. NOTICE TO PROCEED A signed copy of this proposal or a separate letter of authorization, either mailed or faxed to our office,will serve as our notice to proceed. Our fax number is 763-475-2429. We sincerely appreciate your consideration of this proposal and look forward to working with you on this project. Please feel free to contact us if you have any questions or need additional information. Sincerely, SRF CONSULTING GROUP,INC. George M. Stuempfig, P.E., P.T.O.E. Principal GMS/smf This cost proposal is valid for a period of 90 days. SRF reserves the right to adjust its cost estimate after 90 days from the date of this proposal. H.-OgnalsTROPOSALT06232R Lone Oak Center TS_050406 email.doc CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 16,2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII. I. Paul Sticha, Office of the City Asphalt Overlay for portions of City Hall and Manager, Facilities Fire Station 2 parking lots. Requested Action Move to: Accept Base Bid and Alternate G-1 from Northwest Asphalt, Inc.for asphalt overlay for portions of City Hall and Fire Station 2 Parking lots. Synopsis City Hall Station 2 Total Northwest Asphalt, Inc $159,455 $40,285 $199,740 Midwest Asphalt Corp Declined Declined Minnesota Roadways Co Declined Declined FPI Paving, Inc Declined Declined Background Information Specifications were written by Environmental Process Inc(EPI) and a request for bids was published in Sun Newspapers. Four bidders attended the pre-bid meeting on April 25 held by EPI and City of Eden Prairie staff. Bids were opened on Friday, May 5, in the Council Chamber at City Hall. One bid was received from Northwest Asphalt. Work includes asphalt overlay of the parking lot at Station 2, and the City Employee parking lot and main entry drive at City Hall. Budgeted amount is $200,000. Work will be done between June 15 and August 15. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 16, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.J. Randy L. Slick Authorize Grading Permit for Slope Public Works/Engineering Stabilization on Lots 12, 13 and 14, Block 1, Settlers Ridge 5th Addition Requested Action Move to: Authorize issuance of grading permit to Neil Albert for the stabilization of slopes in a Scenic and Conservation Easement Area. Synopsis Neil Albert is requesting City approval for a grading permit which would allow corrective measures to be taken to repair the existing erosion and slope instability. The scope of the work would include placing/moving 100 cubic yards of existing and imported material, 200 tons of Rip-Rap placed in eroded area and 4,800 sq. feet of erosion control blanket to be placed when grading is completed. Background Information Staff has reviewed the proposed plan and concurs that it does impact the Scenic and Conservation Easement Area but, in order to repair the erosion and the slope instability, encroachment into the easement area will be granted. The issuance of a grading permit to correct the current problem should be limited to the area outlined in the submitted documents. Once the work is completed, the area should grow up in a "natural" condition. The work being done doesn't void or remove the restrictions of the Easement Document for subsequent issues. Should the erosion problem reoccur in the future, these property owners would be required to resubmit a request for additional corrective measures. Attachments • Drawing nor 13 , Cpz.A emcµ AD en rN L-Or 7 BAct.J l t 1 i`� ...........�.. AWNYYAi10.tANM•t AIOYIYAM.uM ..�. .^•..,.. CVAW. (''ttYa�At} OtfEk 5pvc- (� \ 3733 'Nftt 1L oe-ar c r � \ dk1YfL'XTit.7'c PLeA.GXJ Gtt.t sNr� , P4 YfdL(,EL'tb PL.a..)'"� �ae..ac, �� uHAlSS A9R YsuOPE' i � ds2.UA0PE�� i$"AIItJ. / �ItAD1Nh �Casur Ra-�4�0� r 3waaoTM+•+G�bNd A5\sL>ALiIt✓yµ4t►.,a` JYt>x w+.y6or svLv-, aaac- Ca '3 •' LS o0. v^x o *tact &$ 4C �✓ A E'Sh1ttO.C��t? cfwtfs OP . is`.• I 'T1',L ¢�4NK�I' .Avlf4tA.V�ol `•5� „apt �l4-3tA.llaa.� BtOA►.BCQf- • • ••; 7lJJ3trit,lidD RarC."i1D/y(�3895 i •.•._ - ; . .� Ara..- 1 •:. I 1 ' f.ca oa 15- a— . l .—Vc �- oa.Q,tz swu a.— C 8 e.r'G. (•At•.aWc t.p...r D:xi•.\�7!, t ------- W.ra C= CA�4•SEZA O-4 wearn�auw n+ntn to � 1 anwnin �s t u s.Ye<uau an.w, wmreswnAY.nw sAstM.r � � 1� `JT`t� Pt�v6:M.eTuJ tLi+"60(L<A!{ AM ttt)MYtA�k YMA pets IiFna � � fY l�ra�eHt�i.•A` 9✓-AhG�. �+ M mw BRAUN- �,I,Apy�-- ak'stor�t.E s�ni .ae to ra.9P o6 C>TIH a IB9*lt voae- P*c -re^.L- INTERTEC e twxa>oo, v �AYJH aaA.Qcc� IM A.rMr'St/fY.f. su+E natw,,.a i I CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda May 16, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IC#02-5585 ITEM NO.: VIL K. Leslie Stovring Approve the Phase II NPDES Storm Public Works/Environmental Water Permit Application and Storm Water Pollution Prevention Program Plan Requested Action Move to: Approve the Phase II NPDES Storm Water Permit Application and Stormwater Pollution Prevention Program Plan Synopsis The City of Eden Prairie is required to submit a revised Phase II National Pollutant Discharge Elimination System(NPDES) Permit to the Minnesota Pollution Control Agency(MPCA)by June 1, 2006. The Phase II NPDES Permit application includes a Stormwater Pollution Prevention Plan (SWPPP)and a series of Best Management Practices(BMPs)that the City will implement over the next 5 years to comply with the permit requirements. Background Information The NPDES permit program was promulgated in 1990 under the Clean Water Act(CWA) in an effort to preserve,protect and improve water resources from polluted storm water runoff. The MPCA has assumed the role as the administrative agency for these requirements. The City did apply for a Phase II NPDES permit in 2003. However,the permit was revised in 2005 to meet the requirements of a May 2003 Minnesota Court of Appeals decision. The MPCA has required that the City submit a new permit application and BMPs to meet the new requirements that resulted from this decision. Items that must be included with the Permit application are the SWPPP and proposed BMPs for the six Minimum Control Measures(MCMs)which are listed in the permit. The MCMs include: • Public Education and Outreach • Public Participation/Involvement • Illicit Discharge Detection and Elimination • Construction Site Stormwater Runoff Control • Post-Construction Stormwater Management • Pollution Prevention/Good Housekeeping for Municipal Operations New BMPs include items such as completion of a Nondegradation Analysis,BMPs to provide protection of drinking water sources from stormwater discharges among others. In addition,the date of full implementation was changed from 2008 to June 30, 2010. Draft copies of the BMPs are available for review on request. After the SWPPP and BMPs are completed, copies will be placed on City's web site for downloading. Attachments • Phase II NPDES Permit Application • Stormwater Pollution Prevention Program(SWPPP) • MPCA Permit Program Summary Circular General • 141111 v Application• • r Small Municipal Separate Minnesota Storm Pollution Control Agency RETURN THIS APPLICATION TO: Minnesota Pollution Control Agency 520 Lafayette Road North NO FEE St. Paul, MN 55155-4194 Application deadline: June 1,2006 PLEASE READ: As you complete this form,read the instructions carefully.Use your keyboard's"Tab"key to move through the fields of this form. Select check-boxes and enter text as indicated. Save,and print. Information1. MS4 A.Application Type ❑New applicant(this MS4 has no previous application for MS4 coverage on file at MPCA) ®Application for re-issuance of coverage(this MS4 applied in 2003) B.MS4 Owner General Contact(the community,municipality,agency or other party having ownership or operation control of the MS4) City of Eden Prairie Community,municipality,agency or other party having ownership or operational control of the MS4 8080 Mitchell Road Mailing Address Eden Prairie MN 55344 City State Zip Code Hennepin County 41-0855460 8021767 Federal Tax ID State Tax ID C.General Contact(official,staff member,consultant or other)for all general correspondence about Permit compliance issues between the MPCA and your MS4 Stovring Leslie Environmental Coordinator Last Name First Name Title City of Eden Prairie, 8080 Mitchell Road Mailing Address Eden Prairie MN 55344 City State Zip Code 952-949-8327 lstovring(aedenprairie.org Telephone(include area code) E-mail Address City of Eden Prairie 1 General Stormwater Permit Application May 2006 IL Certification of the Storm Water Pollution Prevention Program (SWPPP) A. Have you developed a Storm Water Pollution Prevention Program for your MS4? ®Yes Municipalities must demonstrate how their Storm Water Pollution Prevention Program will be implemented and enforced over the term of the five-year Permit. S WPPPs must incorporate appropriate educational components, all required BMPs and the measurable goals associated with each. Storm Water Pollution Prevention Programs must address the specific requirements contained in Part V. G. of the Permit. SWPPPs must outline how the six minimum control measures will be addressed,the contact person,department in charge,timeline and measures that will be implemented to meet the schedules required by the Permit.Attach a BMP Summary Sheet to this application for each BMP in your SWPPP. B. Does your SWPPP address all of the six Minimum Control Measures as outlined in the Permit? ®Yes The General Permit requires that you incorporate all six of the defined Minimum Control Measures in your Stormwater Pollution Prevention Program.You are required to implement mandatory BMPs which are directly associated to each of the Six Minimum Control Measures. C. Have you attached the included BMP Summary Sheets,one for each of the Best Management ®Yes Practices required by the Permit? There are 34 required BMPs all of which require that the provided BMP Summary Sheet be filled out completely and included with your Storm Water Pollution Prevention Program. If any of these required sheets are missing,your application will not be considered complete and will be returned to you. 111. Reporting and Recordkeeping A. I have read and understand Part VI Evaluating,Recordkeeping,and Reporting of the MS4 General ®Yes Permit and certify that we intend to comply with the applicable requirements of those sections as well as the Permit as a whole. B.Where will your SWPPP be available to the public for review? City of Eden Prairie,Engineering Department www.edenprairie.grg—Environment& Water Resources Section Name of Location If your SWPPP is available electronically,indicate location 8080 Mitchell Road Street Address Eden Prairie MN 55344 City State ZIP Code Leslie A. Stovring 952-949-8327 Contact Name Contact Phone Number 8:00 am to 4:30 pm Monday through Friday Hours of Availability Limitationsof • . . - A.Part II Limitations on Coverage and Appendix C I have read and understand Part 11 Coverage Under This Permit and Appendix C Limitations on ®Yes Coverage of the MS4 General Permit and certify that we intend to comply with the applicable requirements of those sections as well as the Permit as a whole. B. Outstanding Resource Value Waters(ORVWs) Please refer to the Guidance Manual for Small Municipal Separate Storm Sewer Systems (MS4s)to complete this section.An interactive map is available on the MPCA Web site that identifies Special Waters:http://pca-gis0412ca.state.mn.us City of Eden Prairie 2 General Stormwater Permit Application May 2006 1.Prohibited Waters Does the MS4 discharge into Prohibited Waters as defined in Minn.R. 7050.0180, subp. 3,4, ❑Yes ®No and 5?See Attachment Four of the Guidance Manual for Small Municipal Separate Storm Sewer Systems (MS4s) for further information. 2.Restricted Discharge Does the MS4 discharge into waters with a Restricted Discharge as defined in Minn.R. ❑Yes ®No 7050.0180, subp.6, 6a,and 6b?If yes,please list below and comply with Part IX,Appendix C, Item B. See Attachment Four of the Guidance Manual for Small Municipal Separate Storm Sewer Systems (MS4s) for further information. 3.Prohibited or Restricted Waters If you answered"yes"to either Question I or 2, have you included a map that outlines,at a ❑Yes ❑No minimum,the DNR minor sub-watersheds in your jurisdiction with ANY discharges to Prohibited or Restricted Waters?You are required by the Permit to provide this map along with your application. [IX.B.2.b] Identify all discharges to Outstanding Resource Value Waters(ORVWs)from your MS4: 4. If you answered "yes"to either Question 1 or 2,who is the person responsible for ensuring compliance with this Permit condition? Name: Position: Phone: C.Special Waters 1.Trout Waters Does the MS4 discharge into Trout Waters as defined in Minn.R.6264.0050 subp.2&4?If ❑Yes ®No es lease list below and comply with Part IX Appendix C Item C. See Attachments Two yes, PY � PP and Three of the Guidance Manual for Small Municipal Separate Storm Sewer Systems (MS4s) for further information. 2.Wetlands Does the MS4 discharge into Wetlands as defined in Minn.R. 7050.0130,subp.F?See ®Yes [:]No Attachment Four of the Guidance Manual for Small Municipal Separate Storm Sewer Systems (MS4s) for further information. 3.Environmental Review Does the MS4 have a process to assure coordination with appropriate Agencies and to ®Yes ❑No evaluate discharges that require applicable Environmental Review as required by State or federal laws?See Part IX of the Guidance Manual for Small Municipal Separate Storm Sewer Systems (MS4s) for further information. Who is the person responsible for ensuring compliance with this Permit condition? Name: Leslie A. Stovring Position: Environmental Coordinator Phone: 952-949-8327 4.Endangered or Threatened Species Does the MS4 have a process to assure coordination with appropriate Agencies and to ®Yes ❑No evaluate discharges whose direct,indirect, interrelated,interconnected, or independent impacts may jeopardize a listed Endangered or Threatened Species or adversely modify a designated critical habitat?See Part IX of the Guidance Manual for Small Municipal Separate Storm Sewer Systems (MS4s) for further information. City of Eden Prairie 3 General Stormwater Permit Application May 2006 Who is the person responsible for ensuring compliance with this Permit condition? Name: Leslie A. Stovring Position: Environmental Coordinator Phone: 952-949-8327 5.Historic Places and Archeological Sites Does the MS4 have a process to assure coordination with appropriate Agencies and to ®Yes ❑No evaluate discharges which may adversely affect properties listed or eligible for listing in the National Register of Historic Places or affecting known or discovered archeological sites? See Part IX of the Guidance Manual for Small Municipal Separate Storm Sewer Systems (MS4s) for further information. Who is the person responsible for ensuring compliance with this Permit condition? Name: John Gertz Position: Historic Preservation Specialist Phone: 952-949-8454 6.Drinking Water Sources Does the MS4 have any discharges that may affect Source Water Protection as defined in part ®Yes ❑No IX.H of the General Permit? If"yes,"does the MS4 have BMPs incorporated into the S WPPP to protect drinking water ®Yes ❑No sources that the MS4 discharge may affect? V. Owner or Operator Certification The person with overall,MS4 legal responsibility must sign the application.This person shall be duly authorized to sign the application and may be either a principal executive officer or ranking elected official. (see Minn.R. 7001.0060). 1 certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted.Based on my inquiry of the person or persons,who manage the system,or those persons directly responsible for gathering the information,the information submitted is,to the best of my knowledge and belief,true, accurate,and complete(Minn.R. 7001.0070). 1 am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment(Minn.R. 7001.0540). C.General Contact(official,staff member,consultant or other)for all general correspondence about Permit compliance issues between the MPCA and your MS4 X Authorized Signature Date Neal Scott City Manager Last Name First Name Title City of Eden Prairie, 8080 Mitchell Road _ Mailing Address Eden Prairie MN 55447 City State ZIP Code 952-949-8300 snealAedenprairie.org Telephone(include area code) E-mail Address City of Eden Prairie 4 General Stormwater Permit Application May 2006 } 1 f ' CITY OF EDEN PRAIRIE DRAFT STORMWATER POLLUTION PREVENTION PLAN (SWPPP) 2006 - 2011 r L " _� e � O' x. x May 2006 Contact for More Information: Leslie A. Stovring, Environmental Coordinator City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55447 Phone: 952-949-8327 Fax: 952-949-8326 Email:lstovring@edenprairie.org TABLE OF CONTENTS LIST OF ABBREVIATIONS/ACRONYMS..................................................................................................................I 1.0 INTRODUCTION..............................................................................................................................................1 1.1 PLAN PURPOSE................................................................................................................................................. 1 1.2 RELATIONSHIP TO OTHER CITY PLANS............................................................................................................ 1 1.2.1 Local Drainage Plan Update(LDPU)-1999............................................................................................ 1 1.2.2 Comprehensive Wetland Protection and Management Plan(CWPMP)-1999......................................... 1 1.2.3 Local Water Management Plan(LWMP)—20043..................................................................................... 1 1.2.4 Wellhead Protection Plan(WHPP)—2004................................................................................................ 1 1.3 RELATIONSHIP TO OTHER REGULATORY AGENCIES.........................................................................................2 1.4 MINIMUM CONTROL MEASURES(MCMS)........................................................................................................2 2.0 BACKGROUND................................................................................................................................................3 2.1 SELF ASSESSMENT............................................................................................................................................3 2.2 FUNDING MECHANISM.....................................................................................................................................4 2.3 MUNICIPAL FACILITIES....................................................................................................................................5 2.3.1 City Center.................................................................................................................................................. 5 2.3.2 Water Treatment Plant............................................................................................................................... 5 2.3.3 Fleet Services/Street Maintenance/Parks Maintenance.......................................................................... 5 2.3.4 Fire Division............................................................................................................................................... 5 2.3.5 Miscellaneous Operations.......................................................................................................................... 5 3.0 REGULATORY FRAMEWORK.....................................................................................................................6 3.1 CITY OF EDEN PRAIRIE-CURRENT NATURAL RESOURCE PROTECTION MEASURES.........................................6 3.2 AGENCY RESOURCES........................................................................................................................................6 3.2.1 Metropolitan Council(Met Council).......................................................................................................... 6 3.2.2 Minnesota Pollution Control Agency(MPCA)........................................................................................... 6 3.2.3 Hennepin County environmetnal services department............................................................................... 7 3.2.4 Riley-Purgatory-Bluff Creek/Nine Mile Creek Watershed Districts......................................................... 7 4.0 MINIMUM CONTROL MEASURES......................................................................................................................8 4.1 MINIMUM CONTROL MEASURE 1—PUBLIC EDUCATION AND OUTREACH..................................8 4.2 MINIMUM CONTROL MEASURE 2—PUBLIC PARTICIPATION/INVOLVEMENT............................9 4.3 MINIMUM CONTROL MEASURE 3—ILLICIT DISCHARGE DETECTION AND ELIMINATION.......9 4.4 MINIMUM CONTROL MEASURE 4—CONSTRUCTION SITE RUNOFF CONTROL.......................... 10 4.5 MINIMUM CONTROL MEASURE 5—POST CONSTRUCTION RUNOFF CONTROL......................... 10 4.6 MINIMUM CONTROL MEASURE 6—POLLUTION PREVENTION/GOOD HOUSEKEEPING FOR MUNICIPAL OPERATIONS....................................................................................................................... 10 5.0 ADDITIONAL CONDITIONS AND REQUIREMENTS....................................................................................12 5.1 PART IX,APPENDIX C,SECTION H—DISCHARGES AFFECTING SOURCE WATER PROTECTION AREAS......................................................................................................................................................... 12 5.2 PART X APPENDIX D—NONDEGRADATION FOR SELECTED MS4S................................................ 12 6.0 AMENDMENT PROCEDURE...............................................................................................................................13 6.1 PUBLIC REQUESTS FOR AMENDMENT................................................................................................. 13 6.2 STAFF AMENDMENTS..................................................................................................................................... 13 APPENDIX A—DWSMA DIAGRAM APPENDIX B—BMP SUMMARY SHEETS LIST OF ABBREVIATIONS/ACRONYMS Abbreviation Definition Abbreviation Definition BMP Best Management Practice(See MN/Minn Minnesota City City of Eden Prairie MPCA Minnesota Pollution Control Agency CWA Clean Water Act MS4 Municipal Separate Stormwater System CWPMP Comprehensive Wetland NPDES National Pollution Discharge Protection and Management Plan Elimination System DWSMA Drinking Water Supply NPS Non Point Source Management Area EPA Environmental Protection Agency NURP Nationwide Urban Runoff Program GIS Geographic Information System NMCWD Nine Mile Creek Watershed District ArcView GP General Permit OHWL Ordinary High Water Level Integrated Management Practice Riley-Purgatory-Bluff Creek IMP see BMP RPBCWD Watershed District IP Implementation Plan SWPPP Storm Water Pollution Prevention Plan LDPU Local Drainage Plan Update TMDL Total Maximum Daily Load LMRWD Lower Minnesota River USFWS U. S.Fish and Wildlife Service Watershed District LWMP Local Water Management Plan WCA Minnesota Wetland Conservation Act MCM Minimum Control Measure WD Watershed District MDNR/DNR Minnesota Department of Natural WHPA Wellhead Protection Area Resources Met Council Metropolitan Council WHPP Wellhead Protection Plan WMO Watershed Management Organization 1. City of Eden Prairie Stormwater Pollution Prevention Plan Permit Years 2006 To 2011 1.0 INTRODUCTION Water quantity and water quality are both important considerations in our City during both development review and planning for the future. This Stormwater Pollution Prevention Plan (SWPPP) was developed to provide the City of Eden Prairie with information and direction regarding the implementation of water resource management activities within the City over the next five(5)years. 1.1 PLAN PURPOSE The SWPPP was written to address concerns regarding potential deterioration of water quality due to pollutants transported through stormwater runoff to our lakes, creeks and wetlands. The Phase II National Pollution and Discharge Elimination System (NPDES) permitting process requires Municipal Separate Storm Sewer Systems (MS4s) in urbanized areas, such as the city of Eden Prairie, to file a Phase II NPDES permit with the Minnesota Pollution Control Agency (MPCA) which addresses how the City will regulate and manage stormwater discharges. Phase I of the United States Environmental Protection Agency (EPA) stormwater program was promulgated in 1990 under the Clean Water Act (CWA). Phase I addressed MS4s with populations of 100,000 or greater. 1.2 RELATIONSHIP TO OTHER CITY PLANS Four other water resource planning tools have been developed and are adopted as part of the Stormwater Pollution Prevention Program(SWPPP)for the City. 1.2.1 LOCAL DRAINAGE PLAN UPDATE(LDPU)- 1999 The LDPU was an update of the 1970 Drainage Plan prepared by Barr Engineering Co. for Eden Prairie and includes stormwater modeling from a quantitative aspect. 1.2.2 COMPREHENSIVE WETLAND PROTECTION AND MANAGEMENT PLAN(CWPMP)- 1999 The CWPMP, required by Minn. Rules 8420.0650, provided an inventory of wetlands and other water bodies in Eden Prairie, an assessment of the wetland functions using the Minnesota Routine Assessment Method for Evaluating Wetland Functions (MinRAM, version 1.0), resulting public values for the water bodies and criteria for usage of water bodies for stormwater management based on these results. 1.2.3 LOCAL WATER MANAGEMENT PLAN(LWMP)—2004 The LWMP provides an overall planning and management tools for water resources within the City of Eden Prairie, including site plan review guidelines and requirements. Many components from the LWMP were incorporated into the SWPPP. 1.2.4 WELLHEAD PROTECTION PLAN(WHPP)—2004 The WHPP provides a planning and analysis guide for protection of the City's wellhead protection area(WHPA); including from storm water drainage impacts. City of Eden Prairie Stormwater Pollution Prevention Program (SWPPP) Plan Permit Years 2006 To 2011 1.3 RELATIONSHIP TO OTHER REGULATORY AGENCIES The SWPPP is intended to meet requirements outlined the EPA's Phase I1 stormwater rules as well as provide a user-friendly tool for day-to-day management of the City's stormwater discharge system. The Phase 11 NPDES program is being administered by the MPCA. 1.4 MINIMUM CONTROL MEASURES (MCMs) The SWPPP contains the City's plan to address the 6 Minimum Control Measures(MCMs) outlined in the Phase 11 NPDES permit requirements. These 6 Minimum Control Measures are: 1. Public Outreach and Education 2. Public Participation/Involvement 3. Illicit Discharge Detection and Elimination 4. Construction Site Runoff Control 5. Post Construction Runoff Control 6. Pollution Prevention/Good Housekeeping 2 City of Eden Prairie Stormwater Pollution Prevention Program (SWPPP) Plan Permit Years 2006 To 2011 2.0 BACKGROUND The City of Eden Prairie is a suburb of Minneapolis and is located in the southwestern corner of the metropolitan area. The City includes 36 square miles of area and has a population of approximately 63,000 residents. The City currently has inventoried 736 wetlands,ponds, lakes and creek segments within the City. The primary land use in the City is residential and much of the focus of the SWPPP is residential education and outreach. Following are items that the City evaluated during preparation of the SWPPP. 2.1 SELF ASSESSMENT City staff assessed the proposed permit requirements, existing programs and proposed Best Management Practices for inclusion in the SWPPP. Following are some of the factors that were considered during the self-assessment phase. • Sources of pollutants • Sensitivity and uses of existing receiving waters • Geology,hydrology and climate conditions • Size of the community including existing and future development • Implementation schedules and staff availability • Financial implications • Watershed characteristics The actions taken to complete the self-assessment included the following. • Review of existing ordinances. • Review of existing stormwater pollution prevention policies and practices currently in use. • Review of existing educational and training programs which provide information on water quality and stormwater pollution prevention issues. • Internal staff meetings to discuss the relationship between existing programs and proposed new programs to fulfill any gaps in meeting the required MCMs and to develop timelines for implementation. • Selection of appropriate Best Management Practices. City staff also considered the following non-stormwater discharges to determine whether they should be identified as significant contributors of pollutants to our stormwater system. They were not found to be significant. • Water line flushing • Landscape irrigation • Diverted stream flows • Rising ground waters • Uncontaminated ground water infiltration • Uncontaminated pumped ground water • Discharges from potable water sources • Foundation drains 3 City of Eden Prairie Stormwater Pollution Prevention Program (SWPPP) Plan Permit Years 2006 To 2011 • Air conditioning condensation • Irrigation water • Springs • Water from crawl space pumps • Footing drains • Lawn watering • Individual residential car washing • Flows from riparian habitats and wetlands • Dechlorinated swimming pool discharges • Street wash water • Discharge or flows from fire fighting activities 2.2 FUNDING MECHANISM The City of Eden Prairie has established a Stormwater Utility Fee that is assessed against utility bills. The City's Stormwater Utility revenue is generated by fees according to land use. This information is summarized below. The stormwater utility fee will be the primary funding source for the Implementation Plan (IP), as identified in the City's Local Water Management Plan (LWMP). The chart below summarizes the current collection information. Pro e Type Quarterly Collection Rate Airport/Landfill(per acre $7.36 Commercial/Office(per acre $38.07 Institutions(per acre $33.66 Multi-Family(per acre $29.70 Single Family(per lot $3.00 Undeveloped Lands(per acre $10.00 The current stormwater utility collection is approximately $600,000 per year. Annual expenditures from the Stormwater Utility are estimated as follows: Type of Activi Estimated Annual Expenditure Operations and maintenance activities $90,000-100,000 Programs and non-structural improvements $100,000-150,000 Special studies $50,000-60,000 Capital improvements $350,000-425,000 Estimated Annual Total ,$590,000-735,000 The City evaluated the Stormwater Utility Fee collection rate in relation to proposed expenditures for the SWPPP as part of the Local Water Management Plan (LWMP). The City will evaluate the need for fee increases to fully fund the stormwater utility program as the Stormwater Pollution Prevention Program (SWPPP)goes forward. 4 City of Eden Prairie Stormwater Pollution Prevention Program (SWPPP) Plan Permit Years 2006 To 2011 2.3 MUNICIPAL FACILITIES All City operations are covered under this SWPPP and its associated General Storm Water Permit. One Standard Industrial Classification (SIC) code has been assigned for the general municipal operations, SIC 9199. Facilities covered by this permit are summarized in the following sections. SIC codes for individual operations, such as police and fire operations, are also noted below. None of these SIC codes are listed as requiring a General Storm Water Permit for Industrial Activity. Each of these facilities was evaluated during the self-assessment phase. 2.3.1 CITY CENTER The City Center is located at 8080 Mitchell Road. All general municipal operations and administrative functions are operated out of the City Center. In addition, the police department (SIC Code 9221) operates out of the City Center. 2.3.2 WATER TREATMENT PLANT The Water Treatment Plant and Utility operations are located at 14100 Technology Drive. The Water Treatment Plant (SIC Code 4941) treats and distributes water for domestic, commercial and industrial use within the City. 2.3.3 FLEET SERVICES/STREET MAINTENANCE/PARKS MAINTENANCE General fleet services, including vehicle maintenance equipment and personnel, for these operations are located at 15150 Technology Drive. The City's equipment and seasonal storage areas, including road salt, are located at the City's Maintenance Outside Storage Area at 9811 Flying Cloud Drive. 2.3.4 FIRE DIVISION The Fire Division operates three fire stations which are located at the following addresses. • 14800 Scenic Heights Road • 12100 Sunnybrook Road • 7350 Eden Prairie Road A fourth fire station is currently being constructed on Dell Road. The SIC code for government provided fire protection services is 9224. 2.3.5 MISCELLANEOUS OPERATIONS The following are miscellaneous operations located outside of the City Center. • Community Center— 16700 Valley View Road • Senior Center—8950 Eden Prairie Road • Outdoor Center— 13765 Staring Lake Road • Liquor Operations— 16502 W. 78t'Street, 8018 Den Road and 950 Prairie Center Drive. 5 City of Eden Prairie Stormwater Pollution Prevention Program (SWPPP) Plan Permit Years 2006 To 2011 3.0 REGULATORY FRAMEWORK AND AGENCY RESOURCES 3.1 CITY OF EDEN PRAIRIE-CURRENT NATURAL RESOURCE PROTECTION MEASURES Protection of the City's water resources has been a priority throughout the City's development history. Existing water resource related policies and local controls(City Code sections) include: • Shoreland Management Ordinance (Section 11.50) • Maintenance of Herbaceous Vegetation(Native Plant Ordinance) (Section 9.71) • Land Alteration, Tree Preservation and Stormwater Management Regulations(Section 11.55) • Sale of Lawn Fertilizer Regulations (Section 9.15) and Commercial Fertilizer Applicator Licensing(Section 5.45) • Preservation of Wetland and Woodland Areas Ordinance(Section 11.03) • Standards for the Protection of Wetlands(Section 11.51) • Steep Slope Ordinance (Section 11.60) These ordinances and policies have provided the City and private development sector with the means to protect the City's natural resources through limiting filling of wetlands; use of setbacks; steep slope and shoreline buffers; and best management practices. 3.2 AGENCY RESOURCES Several agencies sponsor programs for local stormwater or water resource management. The City will continue to evaluate and implement these programs or available resources as practical to meet local needs. Listed below are some of the programs and resources that the City has available as a resource, are currently utilizing or are considering participation in. 3.2.1 METROPOLITAN COUNCIL(MET COUNCIL) The Met Council provides a range of programs for management of water resources in the Metro area. Several of Met Council's programs were considered during development of the City's Minimum Control Measures, including the following. • Urban Small Sites Best Management Practice (BMP) Manual — The Met Council developed a BMP manual to provide information on tools and techniques to assist municipalities in guiding development and redevelopment. Details on a variety of BMPs aimed at managing stormwater pollution were provided. • Metro Environment Partnership Grant Program — The purpose of this grant program is to improve the water quality of Metro Area lakes and rivers by reducing nonpoint source (NPS) pollution through education and implementation grants. The City will evaluate the grant program in relation to any proposed projects for NPS pollution reduction as needed. 3.2.2 MINNESOTA POLLUTION CONTROL AGENCY(MPCA) The MPCA operates several programs applicable to local storm water management planning. The MPCA monitors water quality, sets standards, and implements various controls. Following are two programs related to water quality. The MPCA has also published a Stormwater Manual for use. 6 City of Eden Prairie Stormwater Pollution Prevention Program (SWPPP) Plan Permit Years 2006 To 2011 • National Pollutant Discharge Elimination System (NPDES) - The MPCA manages the NPDES Phase I construction and industrial discharge permitting and the Phase II permitting for small municipal separate storm sewer systems (MS4s). Section 4.0 discusses NPDES requirements for the City. • Clean Water Act (CWA) / Total Maximum Daily Load (TMDL) - The MPCA implements the Clean Water Act that requires that states adopt water quality standards to protect waters of the state. The EPA and MPCA require preparation of Total Maximum Daily Load (TMDL) studies to identify the source of pollutants and plans for bringing the water resources into compliance. Mitchell, Red Rock, and Staring Lakes have been listed on the MPCA's 2002 Draft 303(d) list of impaired waters. • Minnesota Stormwater Manual — The MPCA published a Stormwater Manual that was created through the Minnesota Stormwater Steering Committee in November 2005. The Manual provides a number of guidelines and Best Management Practices for management of stormwater. 3.2.3 HENNEPIN COUNTY ENVIRONMENTAL SERVICES DEPARTMENT The Hennepin County Environmental Services Department is developing water resource education measures that the City evaluated for incorporation into our proposed Minimum Control Measures. The following program has been incorporated into the SWPPP: • Wetland Health Evaluation Program (WHEP) — The WHEP or Wetland Stewardship Program was developed by HCD, Dakota County Environmental Education Program and the Minnesota Pollution Control Agency (MPCA) to evaluate and monitor wetland health in key wetlands within communities in the Metropolitan Area. Citizen volunteers are recruited to collect wetland data through invertebrate and vegetation sampling. The data can be used for a variety of results, including informing citizens and local decision-makers about the health of wetlands within their community and how wetlands may be impacted by changes in land use in the watershed for the wetlands. 3.2.4 WATERSHED DISTRICTS The Riley-Purgatory-Bluff Creek, Nine Mile Creek and Lower Minnesota River Watershed Districts are the Watershed Districts (WD) located in the City. Each have developed water resource management and evaluation programs. The Watershed Districts have also collaborated with the City on a number of educational projects, such as: • Environmental Fair • Environmental Video Production • Development and Promotion of the Environmental Learning Center • Storm Drain Labeling Program Use Attainability Analyses (UAAs) have been or are being developed by the Nine Mile Creek and Riley-Purgatory-Bluff Creek Watershed Districts for lakes in these Districts in anticipation of the upcoming Total Maximum Daily Load (TMDL) requirements. Matching funds are available from the Districts for projects identified within the UAAs. 7 City of Eden Prairie Stormwater Pollution Prevention Program (SWPPP) Plan Permit Years 2006 To 2011 4.0 BEST MANAGEMENT PRACTICES The six (6) Minimum Control Measures outlined in the Phase II NPDES permit requirements will be addressed by the City through a variety of educational measures, training programs and ordinances and policies. The proposed methods of meeting these MCMs are summarized below. The individual measures, including implementation schedules, are included on the BMP Summary Sheets in the Appendix. Records generated for the BMPs will be kept for at least three (3) years beyond the term of the permit. 4.1 MINIMUM CONTROL MEASURE 1—PUBLIC EDUCATION AND OUTREACH A number of public education opportunities exist within the City. These opportunities will be developed into measures which would include stormwater pollution prevention education for residents, local businesses and employees. The following are included in the SWPPP. • Utility Bill Insert—A utility bill insert will be developed for inclusion in water utility bills each spring. The proposed schedule is to insert them in the March, April and May billings. The inserts will include information on not only water conservation but also basic information on how residents can impact water quality and environmentally friendly lawn care tips. • Website— The City's website will be expanded to include information on stormwater pollution prevention as well as to include a copy of the SWPPP for review. • Lawn Care Professional Mailer — An educational piece will be developed to mail with the annual license renewal mailer. • City Council Presentation — Information regarding the BMPs undertaken each year will be summarized and presented to the Council on an annual basis. • Environmental Event—The City will hold an Environmental Event every other year and include information on water quality related topics such as stormwater pollution prevention. Previous Events have been a successful collaboration between the Eden Prairie School District and the City. Future events would be coordinated with other groups such as the School District, Watershed District or Chamber of Commerce as resources and time allows. • Environmental Multi-Media Productions — The City will continue to utilize existing environmental videos and other multi-media productions developed for the City for education on water resources and water quality topics. The use of these productions will be evaluated and the need for new ones will be evaluated annually during the permit period. • Environmental Learning Center— The City's Environmental Learning Center is a tool used by the City in collaboration with Independent School District #272 to educate school age children on wise management of water resources. The City will continue to collaborate with the school district in the future to operate the Center and distribute environmental education information. • New Resident Packets — The City plans to continue distributing informational packets to new residents as they come in to homestead their properties. The information provided could include items such as the annual Environmental Times publication, Hennepin County Drop-Off Facility brochures, waste disposal company options and/or general recycling information. New information for enclosure in the packet will be considered as new ordinances or policies are developed. • Education Programs — Education on information related to the Minimum Control Measures for Illicit Discharge and Detection, Construction Site Runoff Control, Post-Construction 8 City of Eden Prairie Stormwater Pollution Prevention Program (SWPPP) Plan Permit Years 2006 To 2011 Stormwater Management and Pollution Prevention and Good Housekeeping for Municipal Operations will be developed and established. This could include developing educational brochures, posting information on the City's web site, meeting with staff or contractors, incorporating educational information into pre-construction meetings, promoting how residents and employees can report problems, providing educational handouts for volunteer programs, or others. The types of educational measures will be evaluated and adjusted annually as needed. 4.2 MINIMUM CONTROL MEASURE 2—PUBLIC PARTICIPATION/INVOLVEMENT Public involvement has been important within the City and will be continued in the future. The intent of this measure is to provide opportunities for citizens to participate in program development and implementation. Programs which the City plans to utilize to meet these requirements include the following. • Storm Drain Labeling Program—The City has developed a number of storm drain labeling kits that are made available to the community for storm drain labeling projects. Participants have included scout troops as well as neighborhood groups. To date a number of parks and neighborhoods have been marked with stencils or our new labels. A new tracking system will be developed to better manage the labeling program. • Wetland Health Evaluation Program (WHEP) — The City will continue to be involved in providing laboratory space and advertising for WHEP. The program will be reevaluated during 2008 to determine if it should be continued. • Annual Park Clean Up Event — The City Parks Department plans to continue to provide a volunteer opportunity for local groups to participate in cleaning up waste materials from our park and trail system. The Event has been held on the third Saturday of April. • Annual Public Meeting — One annual meeting will be held to distribute information regarding stormwater pollution prevention programs ongoing within the City and to allow the community to provide comments or suggestions for the continuing success of the SWPPP. • Conservation Commission—A new Commission was established in April 2006 to provide input to the City Council on issues such as environmental education, water quality, energy and water conservation, and solid waste management. 4.3 MINIMUM CONTROL MEASURE 3—ILLICIT DISCHARGE DETECTION AND ELIMINATION One requirement of a SWPPP is development and implementation of a plan to detect and eliminate illicit discharges to the City's storm sewer system. These measures will tie in with the public education MCM as a key component is education of the public about the problems associated with improper disposal of wastes which drain through storm water runoff towards our lakes, wetlands, ponds and creeks. • Storm Sewer System Map—A Storm Sewer System map was completed for the Local Drainage Plan Update (LDPU) in 1999. This map included all storm sewer lines known at that time, including pipes that are 12 inches and larger. However, the map did not include detailed information on structural pollution control devices, outfalls and other discharge points. The existing and new information for the system will be evaluated and updated as needed to implement a map that will be in compliance with the NPDES requirements. • Illicit Discharge Ordinance / Detection Program — An ordinance to prohibit non-stormwater discharge into storm sewer systems is required by March 2008. The City intends to evaluate 9 City of Eden Prairie Stormwater Pollution Prevention Program (SWPPP) Plan Permit Years 2006 To 2011 existing policies as well as policies and ordinances in other metropolitan area cities to develop an ordinance, if required. Areas that will be evaluated will include septic systems, illicit connections, illegal dumping, recreational sewage, sanitary sewer system overflows, and water line flushing. Programs to detect and stop illegal and/or improper connections to the storm drainage system and illegal dumping will be developed as needed based on the ordinance requirements. • Illegal Dumping Detection Program — The City Parks Department will continue to monitor known dumping areas within the City for illegal dumping activities. A Hotline will be available to residents to report suspected dumping activities. • Annual City Clean Up Event — The City will continue to provide an annual event where residents can bring in items for disposal that are typically not picked up by local waste haulers. This would include yard waste, furniture, scrap metal, carpet, building materials, appliances and electronics. This event is typically held in June each year. 4.4 MINIMUM CONTROL MEASURE 4—CONSTRUCTION SITE RUNOFF CONTROL A plan to detect and enforce erosion and sediment control for construction activities that impact one (1) acre or more of land is complete. Measures that were included to evaluate on-going compliance with this BMP included items such as site plan review, inspection of construction sites, pre- construction meetings (for sites requiring a Land Alteration Permit), and a process to report problems. Each of these are addressed on the individual BMP Summary Sheets. • Construction Site Runoff Ordinance / Program — An ordinance to address construction site stormwater runoff control and enforcement was completed in 2005. A program to review construction site control measures will be developed to conform to the ordinance. Construction site inspection and enforcement procedures will be evaluated and developed as needed. 4.5 MINIMUM CONTROL MEASURE 5—POST CONSTRUCTION RUNOFF CONTROL A plan to address discharges of post-construction stormwater runoff from new development and redevelopment sites was included in the stormwater management ordinance required in MCM 4. • Post-Construction Runoff Ordinance/Program- The ordinance for construction site stormwater runoff control included provisions to address post-construction site stormwater runoff. This included long-term maintenance and repair requirements for stormwater control structures that are not under drainage and utility easements. • BMP/IMP Operation and Maintenance—An inspection program for BMPs and IMPS installed within the City will be developed to determine a maintenance program. The City will also evaluate the need for maintenance agreements or other measures required to ensure proper function of BMPs or IMPS on private property, including right of entry to inspect and repair the devices if not properly maintained by others. 4.6 MINIMUM CONTROL MEASURE 6 — POLLUTION PREVENTION / GOOD HOUSEKEEPING FOR MUNICIPAL OPERATIONS Current programs to prevent or reduce pollutant runoff from municipal operations will be evaluated. Municipal staff training on pollution prevention measures and techniques will be a component of this program. Operations which will be evaluated for inclusion in this program will include items 10 City of Eden Prairie Stormwater Pollution Prevention Program (SWPPP) Plan Permit Years 2006 To 2011 such as street sweeping; pesticide, herbicide and fertilizer usage; street salt storage and usage; and catch-basin cleaning. • Storm Sewer Inspection — A rotating inspection program will be established and implemented annually to inspect and evaluate known outfalls, sediment basins, ponds and pollution control devices for areas that are either City owned or under an existing drainage and utility easement. Areas which are not under existing drainage and utility easements will be evaluated and maintenance needs will be determined under the guidelines established in the City's stormwater management ordinance. Cleaning and repair programs will be established annually based upon the results of the inspection program and available financial resources. • Stockpile, Storage and Material Handling Area Inspection — An inspection program will be implemented to monitor City-owned and operated areas. Each area will be inspected annually. This would include exterior or exposed storages for items such as road salt, gravel, sand, wood chips, street sweepings or agricultural products. 11 City of Eden Prairie Stormwater Pollution Prevention Program (SWPPP) Plan Permit Years 2006 To 2011 5.0 ADDITIONAL CONDITIONS AND REQUIREMENTS The Stormwater Pollution Prevention Program (SWPPP) has a set of additional requirements for drinking water source protection and nondegradation of waters within the City. These requirements are addressed below. 5.1 PART IX,APPENDIX C,SECTION H—DISCHARGES AFFECTING SOURCE WATER PROTECTION AREAS Appendix C, Section H describes additional provisions for protection of Drinking Water Supply Management Areas (DWSMAs) that were developed under Minnesota Rule 4720.5100 — 4720.5590. A Wellhead Protection Plan(WHPP)was completed for the City in July 2004. The WHPP included a Vulnerability Assessment; mapping of low, moderate and high vulnerability; and a series of Action Plans to protect the City's drinking water supply. The maps and Action Plan items are included in the WHPP and are available for review on the City's web site at www.edenprairie.org (search keyword "groundwater") or they may be viewed at the Engineering Department on request. A map showing the DWSMA is in Appendix B. Examples water management p es of Action Plan objectives that coordinate with storm wat include: A. Land Use Evaluation A2 Start a well sealing/abandonment program A3 Locate Class V Wells A8 Minimize potential groundwater contamination from surface water infiltration practices within the DWSMA A9 Incorporation of NPDES Phase II requirements B. Public Education and Information B 1 Raise public awareness in highly vulnerable areas. B2 Raise well owner awareness on surface water impacts to groundwater C. Monitoring and Data Collection C 1 Complete and maintain the Potential Contaminant Source Inventory C2 Compile background information, including the storm water system mapping. C3 Complete a file review for leak sites within the moderately and highly vulnerable areas in the DWSMA. 5.2 PART X APPENDIX D—NONDEGRADATION FOR SELECTED MS4s The City of Eden Prairie is listed as a Selected MS4 which is required to perform a nondegradation analysis. The selection factors for determining the cities required to perform this analysis include size and growth. A process is outlined in Appendix D to determine if additional control measures would be required beyond the permit requirements that could reasonably be taken to minimize the impacts of discharges. The City must submit the following to the MPCA by September 1, 2007. Detailed information on these items can be found in BMP Sheets X.D-A to X.D-I. • Loading Assessment • Nondegradation Report • SWPPP modifications to address nondegradation • Application to modify the permit 12 City of Eden Prairie Stormwater Pollution Prevention Program (SWPPP) Plan Permit Years 2006 To 2011 6.0 AMENDMENT PROCEDURE The Stormwater Pollution Prevention Plan (SWPPP) is intended to extend from June 1, 2006 to June 11, 2011. However, this document is intended to be a planning tool that will change as the City's needs change and may be amended as needed on an annual basis to meet City or regulatory goals. 6.1 PUBLIC REQUESTS FOR AMENDMENT Any person or persons either residing or having business within the City can request amendment proposals for consideration during the annual review process. Written requests for Plan amendment must be submitted in writing to the City Manager. The request shall outline the need for the amendment as well as any materials the City may need to consider before making its decision. City staff will review the amendment request and determine whether the requested amendment is warranted. Staff will consider the following options: • Reject the amendment request as unwarranted. • Accept the request as a minor issue. Minor issues will be added to the Plan on an annual basis through staff amendment. • Accept the request as a major issue. The amendment request and the need for a public hearing will be evaluated by City staff and scheduled with the City Council for review and approval as needed. After review and/or public hearing before the City Council, the amendment will be approved or denied and if necessary, referred to the appropriate agency for comment and approval. 6.2 STAFF AMENDMENTS City staff shall review development changes and water management-related issues that have occurred on an annual basis. City Staff will incorporate minor changes that would result in addition of BMPs into the stormwater pollution prevention program or replacement with less effective BMPs with more effective alternates. All amendments will be forwarded to the Commissioner of the Minnesota Pollution Control Agency (MPCA)for review with the Annual Report. 13 Citv of Eden Prairie Stormwater Pollution Prevention Plan Permit Years 2006 To 2011 APPENDIX A Drinking Water Supply Management Area(DWSMA) iE s 7 iu 3� caw eftills D oi. r 7 s i win L6 tttVULNERABILITY DRINKING WATER SUPPLY MANAGEMENT AREA 1 .�►. vim, :mr EDEN PRAIRIE,MINNESOTA T FIGURE 2 AdMk Minne to Storm Water Phase II Final Pollution Rule Control Agency MS4 Storm Water Program Overview Policy and Planning Water/Storm Water#1.04, January 2001 Division Polluted Storm water runoff is often located in"urbanized areas" as defined by the Regular transported to municipal separate storm sewer Bureau of the Census, and on a case-by-case Facilities and systems (MS4s) and ultimately discharged into basis those MS4s located outside of urbanized Site local rivers and streams without treatment. areas that the NPDES permitting authority Remediation EPA's Storm Water Phase II Rule establishes designates. Section an MS4 storm water management program What Are the Phase II MS4 Program that is intended to improve waterways by Requirements? reducing the quantity of pollutants that storm water picks up and carries into storm sewer Operators of regulated MS4s are required to systems during storm events. Common design their programs to: pollutants include oil and grease from roadways, pesticides from lawns sediment ' Reduce the discharge of pollutants to the from construction sites, and carelessly "maximum extent practicable"(MEP); discarded trash, such as cigarette butts, paper • Protect water quality;and wrappers, and plastic bottles. When deposited into nearby waterways through • Satisfy the appropriate water quality MS4 discharges, these pollutants can impair requirements of the Clean Water Act. the waterways, thereby discouraging Implementation of the MEP standard will recreational use of the resource, require the development and implementation contaminating drinking water supplies, and of BMPs and the achievement of measurable interfering with the habitat for fish, other goals to satisfy each of the six minimum aquatic organisms,and wildlife. control measures. In 1990, EPA promulgate rules establishing The Phase II Rule defines a MS4 storm water Phase I of the National Pollutant Discharge management program as a program Elimination System (NPDES) storm water comprising six elements that, when program. The Phase I program for MS4s implemented in concert,are expected to result requires operators of "large" MS4s, that is, in significant reductions of pollutants those that generally serve populations of discharged into receiving waterbodies. 100,000 or greater, to implement a storm water management program as a means to control polluted discharges from these MS4s. The six MS4 program elements, termed The Minneapolis and St. Paul Storm Water "minimum control measures," are outlined Phase II Rule extends coverage of the below. NPDES storm water program to certain "small" MS4s but takes a slightly different 1. Public Education and Outreach approach to how the storm water Distributing educational materials and management program is developed and performing outreach to inform citizens implemented. about the impacts polluted storm water What Is a Phase II MS4? runoff discharges can have on water An MS4 if any MS4 not already covered by quality. the Phase I program as a large MS4. The Phase II Rule automatically covers MS4s Wq-sw1-04 Minnesota Pollution Control Agency, 520 Lafayette Road North, St. Paul, Minnesota 55155-4194 (651)296-6300,toll-free(800)657-3864,TTY(651)282-5332 or(800)657-3864 This material can be made available in alternative formats for people with disabilities. AdMhk Minnesota Pollution Control Agency v.- Policy and Planning Division Water/Storm Water#1.04, January 2001 Regular Facilities and Site Remediation Section 2. Public Participation/Involvement What Information Must the NPDES Permit Providing opportunities for citizens to participate in Application Include? program development and implementation, including The Phase II program for MS4s is designed to accommodate effectively publicizing public hearings and/or encouraging citizen representatives on a storm _water a general permit approach using a permit application. The management panel. operator of a regulated MS4 must include in its pen-nit application, its chosen BMPs and measurable goals for each 3. INcit Discharge Detection and Elimination minimum control measure. To help permittees identify the Developing and implementing a plan to detect and most appropriate BMPs for their programs, there will be a eliminate illicit discharges to the storm sewer system "menu,"of BMPs to serve as guidance. (includes developing a system map and infornvng the community about hazards associated with illegal What are the Implementation Options? discharges and improper disposal of waste). 4. Construction Site Runoff Control The rule identifies a number of implementation options for Developing, implementing, and enforcing an erosion regulated small MS4 operators. These include sharing and sediment control program for construction activities responsibility for program development with a nearby that disturb 1 or more acres of land (controls could regulated small MS4, taking advantage of existing local or include silt fences and temporary storm water detention State programs, or participating in the implementation of an ponds). existing Phase I MS4's storm water program as a co- permittee. These options are intended to promote a regional 5. Post Construction Runoff Control approach to storm water management coordinated on a Developing, implementing, and enforcing a program to Watershed basis. address discharges of post-construction storm water runoff from new development and redevelopment areas. What Rind of Program Evaluation/Assessment Is Applicable controls could include preventative actions Required? such as protecting sensitive areas (e.g., wetlands) or the Permittees need to evaluate the effectiveness of their chosen use of structural BMPs such as grassed swales or porous pavement. BMPs to determine whether the BMPs are reducing the discharge of pollutants from their systems to the "maximum 6. Pollution Prevention/Good Housekeeping extent practicable" and to determine if the BMP mix is Developing and implementing a program with the goal satisfying the water quality requirements of the Clean Water of preventing or reducing pollutant runoff from Act. Permittees also are required to assess their progress in municipal operations. The program must include achieving their program's measurable goals. If there is an municipal staff training on pollution prevention indication of a need for improved controls, permittees can measures and techniques (e.g., regular street sweeping, revise their mix of BMPs to create a more effective program. reduction in the use of pesticides or street salt, or frequent catch-basin cleaning). MS4 STORM WATER PROGRAM OVERVIEW PAGE 2 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 16,2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII. L. Stuart A.Fox,Manager Bid Award for Prairie East Park Tennis and Parks and Natural Resources Basketball Court Reconstruction Requested Action Move to: Award the bid for the reconstruction of the tennis and basketball court at Prairie East Park to Midwest Asphalt Corporation in the amount of$77,800. Synopsis A portion of the 2005 referendum money was earmarked for the replacement of tennis courts at five neighborhood parks. These are Carmel, Prairie East, Eden Valley, Rustic Hills, and Homeward Hills parks.The total estimated costs for the replacement of all five tennis courts was$360,000. For this year the staff has selected two parks to receive new tennis courts in light of the other construction activities. Plans and specifications were prepared and bids for the replacement of Prairie East was received on May 2,2006.Bids were as follows: Midwest Asphalt Corporation $77,800 Barber Construction $77,814 Plehal Construction $78,910 Tennis West $79,356 Staff has reviewed the submitted bids and recommends that the City Council award the reconstruction for the Prairie East tennis and basketball court to Midwest Asphalt Construction in the amount$77,800. The project would be paid from the park bond funds. Background Currently the City has 44 tennis courts throughout the community and neighborhood parks. The Parks Department has an ongoing program of restoration and resurfacing of tennis courts within the park system;however,many of the tennis courts are approaching twenty-five years old and several of them have structural cracks that take additional work above and beyond a surface treatment. The five tennis courts that will be replaced as a result of the monies from the 2005 park bond referendum are the five that are in the worst condition within the park system. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 16, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII. M. Stuart A.Fox, Manager Bid Award for Homeward Hills Park Tennis Parks and Natural Resources Court Reconstruction Requested Action Move to: Award the bid for the reconstruction of the Homeward Hills park tennis court to Plehal Blacktopping in the amount of$76,520. Synopsis The tennis courts at various park facilities have degraded to the point where they need to be rebuilt. As a portion of the 2005 referendum money was earmarked for the replacement of tennis courts at five neighborhood parks. These are Carmel, Prairie East, Eden Valley,Rustic Hills, and Homeward Hills parks.The estimated costs for the replacement of the five tennis courts was $360,000. For this year the staff has selected two parks to receive new tennis courts in light of the other construction activities.Plans and specifications were prepared and bids for the replacement of Homeward Hills tennis court was received on May 2, 2006. Bids were as follows: Midwest Asphalt Corporation $78,200 Barber Construction $77,976 Plehal Blacktopping $76,520 Tennis West $77,540 Dermco Lavine Construction $78,983 Staff has reviewed the submitted bids and recommends that the City Council award the reconstruction for the Homeward Hills tennis court to Plehal Blacktopping in the amount$76,520. The project would be paid from the park bond funds. Background Currently the City has 44 tennis courts throughout the community and neighborhood parks. The Parks Department has an ongoing program of restoration and resurfacing of tennis courts within the park system;however, many of the tennis courts are approaching twenty-five years old and several of them have structural cracks that take additional work above and beyond a surface treatment.The five tennis courts that will be replaced as a result of the monies from the 2005 park bond referendum are the five that are in the worst condition within the park system. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 16, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.N. Police, Sgt. James T. Franzen Approval of 2006 Agreement for Forfeiture Vehicle Storage and Disposal Requested Action: Move to: Approve the Agreement for Forfeiture Vehicle Storage and Disposal between the City of Eden Prairie and Auction Broadcasting Company for the year 2006. Synopsis: This agreement for Forfeiture Vehicle Storage and Disposal will provide an efficient and cost saving way to store and dispose of vehicles obtained by the City through forfeiture or civil process as the result of their use in connection with a criminal act. Background Information: In January of 2001 the City entered into an agreement with Auction Broadcasting Company to provide storage and disposal services for vehicles obtained through forfeiture or civil process primarily from repeat driving while intoxicated offenders. By using Auction Broadcasting Company the City has seen significant savings in fees related to the storage and disposal of these vehicles compared to previous years. This would be a renewal of the 2005 agreement with minor increases in fees. This agreement has been reviewed and approved by the City Attorney. Attachment: Agreement for Forfeiture Vehicle Storage and Disposal AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE AND AUCTION BROADCASTING COMPANY MINNEAPOLIS THIS AGREEMENT is made and entered into this day of , 2006, by and between the City of Eden Prairie, a Minnesota municipal corporation located at 8080 Mitchell Road, Eden Prairie, Minnesota 55344 (hereinafter referred to as the "City"), and ABC Minneapolis, LLC with its principal place of business located at 18270 Territorial Road,Dayton,Minnesota 55360 (hereinafter referred to as"ABC"). WITNESSETH WHEREAS, the City comes into possession of and is authorized to retain various motor vehicles which are identified as potentially being subject to forfeiture or other civil processes under the laws of the State of Minnesota as a result of their having been used in the connection with a criminal act (hereinafter referred to as "Forfeiture Vehicles") and upon successful completion of the forfeiture or civil process the City is authorized to dispose of said vehicles in accordance with Chapter 2 of the Eden Prairie City Code; and WHEREAS, ABC represents that it has the professional expertise and knowledge to perform its duties as an automobile dealer, and is licensed by the State of Minnesota in that capacity; and WHEREAS the Citydesires to hire ABC to transport, store repair, maintain and sell its p � Forfeiture Vehicles; NOW, THEREFORE, in consideration of the terms and conditions expressed herein, the parties agree as follows: 1. Term of Agreement. The term of this Agreement shall begin January 16, 2006, and shall continue until January 15, 2007, subject to termination as provided in Article 4. 1 2. Duties of ABC. ABC shall perform the following duties: 2.1 Upon specific authorization from the City, ABC agrees to drive or transport those vehicles identified by the City as one of its Forfeiture Vehicles to a secure location to be determined and managed by ABC. 2.2 Upon receipt of a City Forfeiture Vehicle ABC accepts full responsibility for it and agrees to exercise due diligence in the care, maintenance and storage of said vehicle until the time that it is sold or released, so as to avoid waste and obtain a reasonable sale price at auction. 2.3 Upon specific authorization from the City, ABC agrees to perform such minor repair work on the City's Forfeiture Vehicles so as to prepare them for auction and maximize the City's return at auction, but in no event shall such repair work exceed the cost of TWO HUNDRED AND NO/100 DOLLARS ($200.00) without prior, written authorization by the Eden Prairie City Manager or his/her designee. 2.4 Upon specific authorization from the City, ABC agrees to release the City's Forfeiture Vehicles prior to auction on such terms and conditions as the City may direct. 2.5 ABC agrees to box and store personal property that is not affixed to, but located within, the City's forfeiture vehicles and upon specific authorization from the City to release such property on such terms and conditions as the City may direct. 2.6 Upon specific authorization from the City, ABC agrees to promptly sell the City's Forfeiture Vehicles in a commercially reasonable manner by an open and competitive automobile dealer or salvage auction. 2.7 ABC agrees to defend, indemnify and hold harmless the City, its officials, employers, and agents from any and all claims, causes of action, lawsuits, damages, losses, or expenses, including attorney fees, arising out of or resulting from ABC's (including its officials, agents or employees) 2 performance of the duties required under this Agreement provided that any such claim is caused in whole or in part by any negligent act or omission or willful misconduct of ABC. 2.8 During the term of this Agreement ABC agrees to maintain general comprehensive liability insurance in the amount of $1,000,000 for any damage in property, theft, loss or other claims as a result to ABC's negligence or malfeasance in performing this Agreement. In addition, ABC agrees to maintain such motor vehicle liability insurance as required by state and federal laws. ABC further agrees to designate City as an additional insured under said policies and said policies shall provide that the policies shall not be cancelled or terminated for any reason except upon thirty(30) days' written notice to the City. 2.9 ABC shall be licensed and bonded in the State of Minnesota to perform its duties under this Agreement and shall provide a certificate of licensure, bonding, and insurance to the City. 2.10 ABC agrees to comply with all applicable local, state and federal laws, rules and regulations in the performance of the duties of this Agreement. 2.11 It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing an agency or partnership relationship between the parties hereto or as constituting ABC's staff as the agents, representatives or employees of the City for any purpose in any manner whatsoever. ABC and its staff are to be and shall remain an independent contractor with respect to all services performed under this Agreement. ABC represents that it has, or will secure at its own expense, all personnel required in performing services under this Agreement. Any and all personnel of ABC or other persons, while engaged in the performance of any work or services required by ABC under this Agreement, shall have no contractual relationship with the City 3 and shall not be considered employees of the City, and any and all claims that may or might arise under the Workers' Compensation Act of the State of Minnesota on behalf of said personnel or other persons while so engaged, and any and all claims whatsoever on behalf of any such person or personnel arising out of employment or alleged employment including, without limitation, claims of discrimination against ABC, its officers, agents, contractors or employees shall in no way be the responsibility of the City, and ABC shall defend, indemnify and hold the City, its officers, agents, and employees harmless from any and all such claims regardless of any determination of any pertinent tribunal, agency, board, commission or court. Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the City, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Unemployment Compensation, disability, severance pay and PERA. 2.12 The books, records, documents, and accounting procedures and practices of ABC, relevant to this Agreement, are subject to examination by the City, the legislative auditor and/or the state auditor for a period of six(6) years after the effective date of this contract, pursuant to Minnesota Statutes Section 16C.05, subdivision 5. 2.13 In performance of this Agreement, ABC shall not discriminate on the grounds of or because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation, or age against any employee of ABC, any subcontractor of ABC, or any applicant for employment. ABC shall include a similar provision in all contracts with subcontractors to this Agreement. ABC further agrees to comply with all aspects of the Minnesota Human Rights 4 Act,Minn. Stat. §363.01, et seq., Title VII of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 2.14 ABC shall at all times comply with and abide by Minnesota Government Data Practices Act, Minn. Stat. § 13.01, et seq.,to the extent that the Act is applicable to data and documents in the hands of ABC. 2.15 ABC represents and warrants that it has and will maintain during the performance of this Agreement worker's compensation insurance coverage required pursuant to Minn. Stat. § 176.181, subd. 2 and that the certificate of insurance or the written order of the Commissioner of Commerce permitting self insurance of worker's compensation insurance coverage provided to the City prior to execution of this Agreement is current and in force and effect. 2.16 Any Forfeiture Vehicles which ABC has been authorized and directed to sell but was unable to sell under the terms of this Agreement shall be returned to the City at a site designated by it as soon as reasonably practicable but in no event more than sixty (60) days from the occurrence of the event making sale under this Agreement impossible. 3. Duties of the City. The City shall perform the following duties: 3.1 The City shall consign specifically identified Forfeiture Vehicles to ABC to sell to the highest bidder at public dealer or salvage auction. 3.2 The City shall certify that it has good title and right to sell those of its Forfeiture Vehicles which it directs and specifically authorizes ABC to sell at public dealer or salvage auction and shall provide and deliver merchantable title to the purchaser upon notification from ABC. 3.3 The City shall defend, indemnify and hold harmless the ABC, its officials, employees and agents, from any and all claims, causes of action, lawsuits, damages, losses or expenses, including attorney fees, arising out of or resulting from the City's performance of the duties required under this 5 art b in hole n w or Agreement, provided that any such claim is caused i p y any negligent act or omission or willful misconduct of City. Nothing contained in this indemnity agreement shall waive or in any way relinquish or limit the City's immunity or liability limitations provided by common law and Minnesota Statutes Chapter 466. 3.4 The City shall pay to ABC the following amounts as and for its services properly authorized and provided pursuant to this Agreement. 3.4.1 Transportation of an Operable Forfeiture Vehicle to or from the City of Eden Prairie to ABC's designated storage site: $45.00. 3.4.2 Tow of an inoperable Forfeiture Vehicle (tow or trailer) to or from the City of Eden Prairie to ABC's designated storage site: $85.00. 3.4.3 Repair of a Forfeiture Vehicle prior to auction: shop rates. 3.4.4 Sale by auction of a Forfeiture Vehicle: $110.00. 3.4.5 Release of a Forfeiture Vehicle prior to auction: $50.00 redemption fee plus any charges(i.e.,transportation). 3.4.6 Storage fee if car is not sold within 90 days: $3.00/day. 3.4.7 Inventory fee for release of personal property: $25.00. 4. Termination. Either party may terminate this Agreement for any reason upon thirty (30) days' advance written notice to the other party. The City reserves the right to cancel this Agreement at any time in event of default or violation by ABC of any provision of this Agreement. The City may take whatever action at law or in equity that may appear necessary or desirable to collect damages arising from a default or violation or to enforce performance of this Agreement. 5. Miscellaneous Provisions. 5.1 Modification. Any material alterations, variations, modifications or waivers of provisions of this Agreement shall be valid only when they have been reduced to writing as an amendment to this Agreement and signed by both parties. 6 5.2 Assi ng ment. This Agreement shall not be assignable except at the written consent of the City. 5.3 Entire Agreement. This Agreement represents the final and complete Agreement between ABC and the City and supersedes and cancels any and all prior agreements or proposals, written or oral, between the parties relating to the subject matter hereof. 5.4 Severability. The invalidity, in whole or in part, of any term or provision of this Agreement does not effect the validity of the remainder of this Agreement. 5.5 Governing Law. This Agreement shall be governed and construed under the laws of the State of Minnesota. Both parties consent to jurisdiction in the state or federal courts located in Hennepin County,Minnesota. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed the day and year first above written. CITY OF EDEN PRAIRIE By Ron Case,Acting Mayor By Scott Neal, City Manager AUCTION BROADCASTING COMPANY MINNEAPOLIS By Its 7 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 16, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII. O. Police, Sgt. James T. Franzen Approval of 2006 Towing Services Agreement Requested Action: Move to: Approve renewal of the Agreement for Towing Services between the City of Eden Prairie and Matt's Auto Service for the year 2006. Synopsis: This agreement for Towing Services will provide consistency of towing services and costs. Background Information: For 44 years Matt's Auto Service (6282 Industrial Drive, Eden Prairie) has been acting as the official towing agency for the City of Eden Prairie. Matt's Auto Service has consistently provided the City with quality service. Matt's Auto Service provides towing/impoundment services for several other local police departments including Minnetonka, Hopkins, Deephaven, Hennepin County Sheriff, and State Patrol. This is a renewal of the 2005 agreement with minor changes in fees and charges. The proposed agreement has been reviewed and approved by the City Attorney. Attachments: 2006 Agreement for Towing Services 2006 AGREEMENT FOR TOWING SERVICES THIS AGREEMENT, entered into this day of , 2006, between the City of Eden Prairie, Eden Prairie City Offices, 8080 Mitchell Road, Eden Prairie, MN 55344-2230 ("City"), and Matt's Auto Service, Inc., 6282 Industrial Drive, Eden Prairie, MN 55344 ("Contractor"). In consideration of the mutual covenants contained herein, the City and Contractor agree as follows: 1. Contractor's Services. The Contractor agrees to provide all services required by the City for towing of vehicles, as that term is defined in Minn. Stat. § 169.01, Subd. 2. These services shall be provided in accordance with the terms of this contract. The Contractor shall furnish the equipment, personnel, supplies, and facilities sufficient to fulfill all the terms of this contract. 2. Personnel. All drivers provided for the towing vehicles shall be checked for driver's license and warrants by the City's Police Department prior to their assignment. Contractor agrees to train all drivers in the proper towing of vehicles containing hazardous materials in accordance with federal and state laws. 3. Storage Facility. The Contractor shall provide storage facility for towed vehicles which shall be fenced and locked in a secure manner. The facility shall have space for no fewer than 150 vehicles and shall be within one mile of the City limits. 4. Operation. No vehicle shall be towed under this contract without specific authorization from an employee or agent of the City. All vehicles shall be towed, not driven (except when authorized) without damage to the vehicles, to the storage facility. Contractor shall maintain and provide a telephone answering service 24 hours a day for the purpose of receiving requests for service pursuant to this contract, and provide and maintain mobile radio service with all towing units. 5. Notification of Owner. Upon the deposit of a towed vehicle in the storage facility, the Contractor shall send, within 72 hours, by certified mail, to the registered owner a notice specifying the date and place of the tow,the year, make, model, and serial number of the vehicle towed, if such information can be reasonably obtained, and the procedure to reclaim the vehicle. A record of this notice shall be retained by the Contractor. 6. Release. No vehicle shall be released without proper proof of ownership. Vehicles ordered held by the Police Department shall not be released without written authorization from said department. Vehicles not kept on a "police hold" shall be released by the Contractor after obtaining proper proof of ownership and proof of current insurance coverage if the vehicle is to be driven out of the impound lot. The Contractor reserves the right to specify the manner of payment for all charges and fees. Contractor 1 agrees to supply personnel and reasonable hours of operation for the release of vehicles. Minimum hours shall be 8:00 a.m. to 5:00 p.m. Monday through Friday; 10:00 a.m. to 1:00 p.m. Saturdays; and 2:00 p.m. to 3:00 p.m. on Sundays and holidays. Contractor agrees to provide emergency service beyond those hours at the request of the police department. 7. Towing and Storage Charges. A 24 hour towing rate schedule for the term of the agreement for City of Eden Prairie impounded vehicles is: TOWING RATES-POLICE IMPOUNDS Impounded vehicles $85.00/105.00 Trailering impounded vehicles(additional) $5 minimum Accidents $85.00/105.00* Lowboy& Tractor service $95/hour minimum Dollies(Additional) $25.00/45.00 Winching(Additional) $45 small truck $225 big truck* Semi truck tractors and trailers $100 minimum* On-scene additional labor charges $25.00/45.00/hour minimum *additional labor charges may be required depending on the specific equipment or labor needed at the scene. STORAGE RATES-POLICE IMPOUNDS Two wheel motor vehicles,mopeds, $28.00/day ATVs, and snowmobiles Other vehicles(ex large trucks) $45.00/day Inside storage $45.00/day Tractor-trailers, large trucks $45 - $65/day Note: (1) Vehicles not able to be towed by conventional means due to unusual factory or after-market equipment installed will be impounded at the lowboy and tractor service rate plus additional labor charges which the Contractor must justify. Note: (2) Additional labor charges include, but are not limited to, unlocking vehicles, disconnecting transmission linkages or driveshafts, unusual road clean up, snow shoveling, any additional equipment needed, and vehicles located off the main roadways. Labor charges must be justified by the Contractor. All towing or storage charges shall be the responsibility of the vehicle owner, except that (a) public safety vehicles requiring towing within the City of Eden Prairie area shall be 2 towed without charge to the City, (b) vehicles towed and/or stored in error(at the request of the City) shall be returned to the owner at no charge, (c) Contractor may charge, in its discretion, a$25 fee for vehicles impounded by the City and abandoned by the owner that require disposal at the Contractor's expense pursuant to paragraph 10 of this Agreement. Any such fees charged by the Contractor shall be deducted from the administrative fees owed by the Contractor pursuant to paragraph 9 of this Agreement. 8. Forfeited Vehicles. Vehicles towed and stored pursuant to seizure/forfeiture under Minnesota Statutes §§ 609.531 to 609.5318 and §169A.63 shall be towed and stored at the following rates: Vehicles released within 15 days of the impound and no longer subject to forfeiture will fall under the procedures and fees outlined in paragraphs 6 & 7; Vehicles held for forfeiture will be charged a flat fee of $200.00 for towing and storage for the first 60 days, and $5.00 per day storage beginning with the 6 1" day. These fees would apply to vehicles which were held for forfeiture and subsequently released back to the registered owner or lien holder after 15 days from the impound date had passed. Contractor will charge the City of Eden Prairie $12.00 per vehicle for owner notification and $12.00 per vehicle for Lien Holder notification to cover staff time and materials related to forfeited vehicles. If the owner/lien holder does not pick up the vehicle within 30 days of being notified by the contractor by certified mail to do so, and the vehicle has been stored over 60 days total,the vehicle may then be subject to the storage rates outlined in paragraph 7, beginning with the 31" day after receiving such notification. Release of such vehicles shall be governed by Minnesota Statutes §§609.531 to 609.5318 and §169A.63. Any storage or towing fees paid by the registered owner, which have already been paid by the City, shall be reimbursed to the City by the Contractor.A 9. Administrative Fees. The Contractor agrees to pay the City $4.00 for clerical and administrative expenses for each vehicle referenced in an impound towing report filed by the Police Department. These fees shall be paid semi-annually, June 30 and December 31, of each year for the preceding six month period. Vehicles not claimed and destroyed by the Contractor will be exempt from the administrative fee. 10. Records and Reports. Contractor shall prepare a semi-annual report of all vehicles towed, stored, released, and still held, in a form acceptable to the City. This report shall be forwarded to the police department at the same time as payment of the administrative fees referenced in paragraph 9. The report shall include the reasons why, if any, vehicles towed have not been released. All records of services provided by the Contractor pursuant to this agreement shall be available for inspection by the City upon request. 11. Sales and/or Disposal. When the total of all charges for towing, storage, and other charges equals or exceeds the value of the vehicle impounded, the Contractor shall, with the permission of the Chief of Police, sell the vehicle at a sheriffs sale or otherwise dispose of the vehicle by lawful means. The Chief of Police may authorize the lawful sale of other vehicles when so requested by the Contractor after proper notification has been made to the registered owner. The Contractor shall report all transactions of 3 sale or disposal, including the proceeds received, in the semi-annual report referenced above in paragraph 10. The Contractor shall keep records and prepare an annual summaryreport b January 31 2007 of all losses and profits from the sale or disposal of P Y Y P P vehicles towed pursuant to this agreement. 12. Liabili1y. The Contractor shall be responsible for the loss of, or damage to, any vehicle, equipment thereon, and contents therein due to the fault of the Contractor or his agent, from the time he, or his agent, takes custody of the vehicle, whether that be by signing the receipt for the vehicle or by hooking or hoisting the vehicle. The Contractor shall be responsible for the safe keeping of personal property, within or on the vehicle, as identified on the vehicle impound form. 13. Indemnification. The Contractor shall indemnify, hold harmless and defend the City, its employees and agents from, and against, all claims, damages, losses and expenses, including attorneys' fees, which the City may suffer or for which it may be held liable because of bodily injury, including death, or damage to property, including loss of use, as a result of the fault of the Contractor, its employees, agents or subcontractors in the breach or performance of this agreement. 14. Insurance. The Contractor shall obtain and maintain liability insurance for coverage of not less than the following amounts: Hazardous Load As required by fed/state laws Worker's Compensation Statutory Employer's Liability $100,000/$500,000/$100,000 Bodily Injury& $100,000 each occurrence Property Damage Fire&Theft $30,000 each occurrence Garagekeeper Liability $30,000 each occurrence The insurance shall cover all operations under this contract, whether undertaken by himself, subcontractors or anyone employed or retained by them. Coverage for bodily injury and property damage shall be written under comprehensive general and comprehensive automobile liability policy forms, including coverage for all owned, hired and non-owned motor vehicles. The insurance shall also cover the indemnification liability set forth in paragraph 13. All insurance policies required by this requirement shall include a provision that provides that the policy may not be canceled, terminated, or reduced except upon thirty(30)days written notice to the City. The insurance company shall deliver to the City certificates of all required insurance on a form provided by the City, signed by an authorized representative. The representative shall have in effect errors and omissions coverage in limits of not less than $100,000 per occurrence and$300,000 aggregate. 15. Non-Discrimination. The Contractor agrees during the life of this contract not to discriminate against any employee, applicant for employment, or other individual 4 because of race, color, sex, age, creed, national origin, or any other basis prohibited by federal, state or local laws. The Contractor will include a similar provision in all subcontracts entered into for performance of this contract. 16. Subcontractors. The Contractor shall not subcontract all or any portion of this contract without prior written approval of the City, except for assistance in emergency or unforeseen circumstances. All subcontractors shall be bound by, and covered by, all terms of this agreement. 17. Aureement Period. This Agreement shall commence on January 1, 2006, and terminate on January 15, 2007. This Agreement may be renewed from year to year on the same terms and conditions upon the mutual written consent of both City and Contractor. This agreement may also be terminated by either party upon fifteen(15) days written notice if the other fails to perform in accordance with the terms of this Agreement through no fault of the terminating party. 18. Independent Contractor. At all times and for all purposes hereunder, the Contractor is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Contractor an employee of the City. 19. Compliance with Laws. In providing services pursuant to this Agreement, the Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to the performance of this contract. Any violation shall constitute a material breach of this agreement and entitle the City to terminate this agreement. 20. Audit. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor as appropriate. 21. Payment to Subcontractors. The Contractor shall pay any Subcontractor within ten (10) days of the Contractor's receipt of payment from the City for undisputed services provided by the Subcontractor. The Contractor shall pay interest of one and one- half percent (1'/2%) per month or any part of a month to a Subcontractor on any undisputed amount not paid on time to the Subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Contractor shall pay the actual amount due to the Subcontractor. 22. Data Practices Act Compliance. The Contractor shall at all times abide by Minn. Stat. § 13.01 et seq., the Minnesota Government Data Practices Act, to the extent the same is applicable to data and documents in the possession of the Contractor. 23. Final Payment. The City may withhold from any final payment due the Contractor such amounts as are incurred or expended by the City on account of the termination of the Agreement. 5 24. Whole Agreement. This Agreement embodies the entire agreement between the parties including all prior understanding and agreements, and may not be modified, except in writing, signed by all parties. MATT'S AUTO SERVICE, INC. CITY OF EDEN PRAIRIE By By Its Owner Its Mayor By Its City Manager Dated: Dated: 6 CITY COUNCIL AGENDA DATE: May 16, 2006 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII. P. Fire Department Award bid for protective equipment(turnout gear) George F.Esbensen and NFPA compliant service contract Requested Action Move to: Approve a five year lease for firefighter turnout gear and all associated mandated record keeping functions related to the turnout gear. Synopsis Due to numerous changes occurring within NFPA(National Fire Protection Association) and the fire service as a whole with regards to firefighter safety and protection, it was necessary to evaluate our current methods of managing how we equip our personnel. The hazards which face firefighters continue to intensify and the technology of protective equipment continues to evolve. Because the costs associated with this type of change are expensive the fire department has reviewed many paths to accomplish what has become a necessity. The year-long process involved third party research, factory visits, feedback from other departments and internal discussions regarding this unique approach to meeting the needs of the department and the City. Metro Fire/Cairns Protective clothing have successfully fulfilled our expectations and have done so with an aggressive cost structure that allowed us to remain within our budget through the 2007 budget cycle. The proposal addresses the following: 1. All Eden Prairie Firefighters will be brought up to the current 2006 NFPA standards with regard to the protective structural firefighting equipment. 2. The new NFPA 1851 standard that requires cleaning, maintenance and testing of the gear on a twice yearly basis is fulfilled including all data tracking and records storage and reporting by individual firefighter by the supplier. 3. Price guarantees for additional gear through 2007 4. A financing program which allows for all firefighters to be brought to this current level of protection while still maintaining current budget allocations. 5. Going forward the budget allocation for this line item will be easier to forecast which will improve the accuracy of the budget as a whole. Attachments The financing agreement is located on the K Drive REPUBLIC 2525 West State Road 114 ,x Rochester,IN 46975 . (800)700-7878 Fax(800)865-8517 FIRST NATIONAL www.republicfirstnational.com Wboo resorts matter. Lessee: City of Eden Prairie Address:8080 Mitchell Road,Eden Prairie,MN 55344 Lease Number: 0426FEDE Date of Lease: 04126/06 Description of Equipment: Eighty-Five(85)New Sets of Cairns Fire Fighting Turnout Gear Acceptance Certificate The undersigned Lessee, upon endorsement of invoice(s) approving payment, acknowledges receipt in good condition of all the Equipment described in this Lease and accepts the Equipment in accordance with the terms and conditions of this Lease; and agrees that Lessor has fully and satisfactorily performed all covenants and conditions to be performed by it under the Lease. By: X Title: X Printed Name: Date: 1. COVENANTS: Lessee represents,covenants and warrants that(a)it is a public body corporate and politic,or qualified volunteer fire department,or other qualified entity.(b)It Is'a"tax-exempt issuer"within the meaning of the Internal Revenue Code Sections 103 and/or 147 and/or 150 and has complied with all terms and conditions therein stated. (c) It is authorized by all applicable laws to make, and perform under, this Lease, (d) The equipment is essentially-needed*ritrproper, efficient and economic operation, (a)At the time of making the Lease,sufficient funds were appropriated to fulfill the obligations of the current fiscal year,and(f)Lessee has not previously terminated a lease for non-aoorooriation except as specifically described in a letter appended hereto. 2. PAYMENTS: The payments shall be payable in the amounts and on the dates set forth in the attached Exhibit"Schedule of Payments"until the total payments and all other obligations are paid in full. All payments shall be made to the Lessor at its address or at such other place as Lessor may designate in writing. 3. PURCHASE OPTION:After making all required payments,Lessee may purchase the equipment for$1.00. At any other time,Lessee may purchase the Equipment for the then applicable-"Early Tenn/Purchase Option"shown In the amortization schedule furnished by Lessor. 4. NON APPROPRIATION: If Lessee is not allotted funds for the next Fiscal Period to continue the payments under this Lease, and has no funds for the purchase,lease or rental of Equipment or services to perform functions similar to those performed by the Equipment,and has no funds from other sources, Lessee may terminate this lease at the end of the then current Fiscal Period, by giving ninety(90)days written notice to Lessor,and endo sing therewith a swom statement by the Chief Financial Officer and Secretary of Governing Board of the Lessee that the foregoing conditions exist In this sole event.Lessee shall not be obligated to make payments beyond the end of the then current Fiscal Year. Upon the occurrence of this event,Lessee agrees, if requested,to provide Lessor with an opinion of its counsel relating to the circumstances of non-appropriation. Lessee shall,at Its sole expense,both restore the Equipment to its original condition,aflowing for reasonable wear and tear,and return it to the Lessor,or to a place designated by the Lessor. S. PAYMENTS UNCONDITIONAL: Lessee has examined, tested and accepted the equipment covered by this lease.• As long as funds have been legally appropriated, it will not fail to make agreed payments, regardless of loss,damage, destruction,malfunction or disrepair of the equipment,or dispute with the vendor for any other reason. 6. DISCLAIMER OF WARRANTIES:LESSOR MAKES NO-WARRANTY;-EXPRESS-OR IMPLIED,AS TO ANY MATTER-WHATSOEVER.INCLUDING THE CONDITION OF THE EQUIPMENT, ITS MERCHANTABILITY OR ITS FITNESS FOR ANY PARTICULAR PURPOSE, AND, AS TO LESSOR, LESSEE LEASES THE EQUIPMENT 'ASIS'. UNDER NO CIRCUMSTANCES SHALL LESSOR BE RESPONSIBLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS LEASE AND/OR THE EQUIPMENT THEREUNDER.Lessor,or any successor assignee, shall not be responsible for any consequential or special damages arising from the leasing,use,ownership of the equi pment. T. SIGNATURE: Each signer warrants that he/she is fully conversant with relevant legal and regulatory provisions,and has full power to bind Lessee and Lessor,respectively. S.GENERAL TERMS AND CONDITIONS(a)TITLE: Title to the Equipment shall remain with Lessee.To secure the payment of all Lessee's obligations under this Agreement,Lessee grants to Lessor a security interest constituting a first lien on the Equipment and on all additions,attachments,accessions, that are considered to be an Integral part of the equipment,and substitudons thereto,and on any proceeds therefrom,until Lessee has made all required payments or exercised its earlier option to purchase. The equipment is,and will remain personal property and will not be deemed to be affixed or attached to real estate or any building thereon. LESSEE: City of Eden Prairie LESSOR: Republic First National Corporation Signature X Signature Title X Title Date k Date SEE ADDITIONAL PAGES FOR ADDITIONAL TERMS AND CONDITIONS Signature Title Date GENERAL TERMS AND CONDITIONS (b)REPAIRS: Lessee shall maintain the Equipment in good operating condition and stale of repair. (c) TAXES: STATE AND LOCAL TAXES: in addition to payments specified herein, Lessee shall promptly pay all taxes, assessments and other governmental charges(including penalties,interest,recording and registration fees,If any)levied or assessed: (1)upon the Lessee's interest in,or use or operation of,or earnings arising from,the Equipment;and(2)against Lessor,on account of its ownership,use or operation,leasing to the Lessee,of the Equipment, or receipt of payments of earnings from it,exclusive, however, of taxes based on net income of lessor. FEDERAL INCOME TAX REPORTING REQUIREMENTS-Lessee acknowledges that its compliance with the reporting requirements of the internal Revenue Code is essential to the exemption from Federal income tax of the interest portion of payments made by Lessee hereunder. Accordingly,Lessee agrees that its failure to comply with those requirements provided in paragraph(i)below,shall entitle Lessor and any of its assignee(s)to be indemnified and held harmless of Lessee for all costs,liabilities,damages,expenses,taxes and penalties(including Federal income tax penalties and interest)incurred as a result of such failure,which amount Lessee agrees to pay upon written demand therefor. CERTIFICATE AS TO ARBITRAGE The Agreement was issued by the Lessee under and pursuant to law to finance the acquisition of certain equipment described herein.The Lessee is entitled to receive said equipment in consideration for its obligation to make Rental Payments under this Agreement The Equipment will be used in furtherance of the public purposes of the Lessee.The Lessee has not covenanted not to sell or otherwise dispose of the equipment during the term of this Agreement.The Lessee will not receive any monies,funds,or other"proceeds"as a result of the Agreement The Lessee expects to make payments under this Agreement from its general funds on the basis of annual appropriations in amounts equal to the required payments hereunder. The remaining general funds of the Lessee are not reasonably expected to be used to make such payments and no other monies are pledged to the payment of Rental Payments or other payments under this Agreement, or are reasonably expected to be used to pay principal and interest hereunder. No reserve fund has been established to make such payments. The Lessee has not received notice that its Arbitrage Certificate may not be railed upon with respect to its issues nor has it been advised that any adverse action by the Commissioner of Internal Revenue is contemplated. On the basis of the facts and expectations set forth above,the obligations of the Lessee hereunder will not constitute an"Arbitrage Bond"under Section 1.48 of the Internal Revenue Code of 1986,as amended. (d)INSPECTION: Lessor shall have the right to enter the premises where the Equipment is located at all reasonable times,to inspect the Equipment and otherwise determine Lessee's compliance with the terms of this Lease. (e)ALTERATIONS: Lessee shall make no alterations or affix any attachments to the Equipment without the prior consent of Lessor. (f)THIRD-PARTY INJURY: Lessor shall not be liable for injury to any person or damage to property resulting directly or Indirectly from the operation or use of the Equipment. Lessee shall indemnify and save Lessor and its assignee(s)harmless from and against any loss,damage,liability,or expenses (including attorneys' fees) claimed with respect to injury to any person or damage to property resulting directly from the operation or use of the Equipment. (g)NON-ASSIGNABILiTY BY LESSEE: This Lease is personal to Lessee. Lessee shall not assign,sub-lease,transfer or otherwise encumber Its rights in and to this Lease or the Equipment without the prior written consent of the Lessor. (h)RISK OF LOSS: Lessee shall have the risk of loss,damage or destruction of the Equipment during the term of the Lease. In such event,Lessee shall either(1)restore the equipment to good repair,condition and working order,in which event this Lease shall remain in full force and effect without abatement of payments, or(2) pay to Lessor an amount equal to the Remaining Balance(plus interest,to the date of payment,at 12%per annum) immediately after the loss,damage or destruction,in which event this Lease shall terminate as to the Equipment for which such payment is made at the time such payment is made. (1) DEFAULT: In the event of default by Lessee, in the payment of any sums due under this Lease within tan (10) days after they are due, or receivership,insolvency,or proceedings by or against Lessee under the bankruptcy taws,or Lessee's failure to observe or perform any other required provision of this Lease,and such default continues for fifteen(15)days after written notice thereof,by Lessor,to Lessee,Lessor shall have the right to exercise any one of more to the following remedies: (1) to declare all sums due and to become due hereunder,during the Lessee's current fiscal period, immediately due and payable,without notice or demand to Lessee; (2)to sue for and recover all payments then accrued or thereafter accruing with respect to the Equipment;(3)to take possession of the Equipment without demand or notice wherever it may he located,with or without legal process, and retain it free from any claims of Lessee whatsoever, (4) to terminate this Lease; or (5) to pursue any other remedy at law or In equity. Notwithstanding any repossession or any other action which Lessor may take,Lessee shall remain liable for the full performance of all of its obligations under this Lease unless Lessor elects,at its option,to sell or re-lease any of the repossessed Equipment to a third party,in which event the net proceeds of such sale or lease,less Lessor's expenses incurred in connection therewith, including attorneys'fees,shall be applied to the total amount due by Lessee under this Lease,and Lessee shall be obligated to pay Lessor any deficiency. Ali of the foregoing remedies are cumulative and may be exercised concurrently or separately. Lessee shall pay all costs and legal expenses incurred by Lessor in collecting or attempting to collect, any sums due hereunder or in securing possession of the Equipment. Lessee consents to the personal jurisdiction of the courts,and the applicability of the laws,of the State of Indiana with respect to any dispute arising out of the Lease. O)ASSIGNMENT BY LESSOR: This Lease,the Equipment and any payments by Lessee due or to become due under it,may be assigned or otherwise transferred,either in whole or in part,by Lessor and Its assignee,without affecting any obligations of Lessee,and in such event Lessor's transferee or assignee shall have all the rights,powers,privileges and remedies of Lessor hereunder to the extent of such transfer or assignment. Any assignee's rights shall be free from all defenses,set-offs or counterclaims which Lessee may be entitled to assert against Lessor. No assignee shall be obligated to perform any duty or condition required to be performed by Lessor under the terms of this Lease. (k) ADMINISTRATIVE SUPPORT: Lessee may,from time to time, be required to file, or assist In the filing of, reports to regulatory and/or taxing authorities,which may be necessary to establish,perfect or maintain the legality and/or tax-exempt status of this Lease,or to execute documents needed for Lessors'financing. Lessee promises to promptly make such filings or to render such assistance as may,from time to time,be reasonably requested by Lessor or its Assigns,and to indemnify and hold harmless Lessor or its assigns from any cost,expense or other damage caused by its failure to do so. Lessee hereby further authorizes Lessor to file UCC-1 financing statements without Lessee's signature, and to fill In dates and other obvious minor corrections on this Lease. Lessee hereby agrees and does hereby appoint Lessor or its agents its true and lawful attorney-in-fad to prepare,execute and sign any instrument or financing statement necessary to protect Lessors interest in the Equipment subject hereto,and to sign the name of Lessee with the same force and effect as if signed by Lessee,and to file same at the proper location or locations. Lessee further agrees,if Lessor so requests,to execute any instrument or financing statement necessary to protect Lessor's interest in the Equipment (1) SEVERABILITY. Any term or provision of this Lease found to be prohibited by law or unenforceable shall be ineffective to the extent of such prohibition or unenforceability without,to the extent reasonably possible,invalidating the remainder of the Lease. (m)ENTIRE AGREEMENT: This Lease constitutes the entire agreement between the parties regarding the Equipment,and there are no representations, warranties, promises, guarantees or agreements, oral or written, expressed or implied, between the parties hereto with respect to the Lease. No modification or amendment hereof shall be binding upon the Lessor unless made In writing and executed on behalf of Lessor by Its duty authorized officer or agent. ESCROW AGREEMENT THIS ESCROW AGREEMENT,made and entered into as of 04/26106 by and among Old National Bank,a corporation duly organized and existing under laws of the State of Indiana{"Escrow Agent"),Republic First National,a corporation duly organized and existing under the Laws of the State of Indiana("Lessor',and City of Eden Prairie("Lessee'}a political subdivision of the State of Minnesota (°State°),duly organized and existing under the Constitution and laws of the State. WITNESSETH WHEREAS,Lessee and Lessor have entered Into a Master lease Agreement dated as of 04126/06(`Agreement"),a duplicate original of which has been famished to each of the parties,whereby Lessor has agreed to acquire certain equipment described therein ("Equipment"),and to sell the Equipment to the Lessee,and Lessee has agreed to purchase the Equipment from Lessor,in the manner and on the terms set forth in the Agreement;and WHEREAS,the Equipment has orwill be ordered from the Vendor,and there is expected to be a delay in delivery of the Equipment to Lessee;and WHEREAS,in order to secure the obligations of Lessor under the Agreement,Lessee has requested Lessor to set aside in escrow with the Escrow Agent,pursuant to the terms hereof,the anticipated purchase price of the Equipment;and WHEREAS,Lessee,as agent for Lessor,will cause the Equipment to be acquired from Vendor in accordance with the purchase orders or contracts therefore,and neither Lessor nor the Escrow Agent shall be obligated to assume or perform any obligation of the Lessee or Vendor with respect thereto or under the Agreement; NOW,THEREFORE,in consideration of the premises and the mutual covenants contained herein,the parties agree as follows: ARTICLE I APPOINTMENT OF ESCROW AGENT: DEFINITIONS Section 1.01. Appointment of Escrow Agent. Lessor and Lessee hereby appoint and employ Escrow Agent,to receive,hold,invest and disburse the moneys to be paid to it pursuant to this Escrow Agreement and the Agreement,and to perform certain other functions,all as hereinafter provided. By executing and delivering this Escrow Agreement,Escrow Agent accepts the duties and obligations of Escrow Agent provided herein,but only upon the terms and conditions set forth. Section 1.02. Definitions.The terms defined in this Section shall,for all purposes of this Escrow Agreement have the meanings specified below. Any capitalized term not defined below shall have the meaning ascribed in the Agreement. 'AgreemenP means the Master Equipment LeaselPurchase Agreement dated 04/26/06,by and between lessee and Lessor,and any duly authorized and executed amendment thereto,the terms of which are incorporated herein by reference. "Acquisition Costs'means,with respect to the Equipment,the contract price paid or to be paid to Vendor therefore upon acquisition or delivery of any portion of the Equipment in accordance with the purchase order or contract therefor.Acquisition Costs include the administrative,engineering,legal,financial and other costs incurred by the Lessee in connection with the acquisition, delivery and financing by Lessor of the Equipment. 'Acceptance Certificate"means an acceptance certificate in the farm attached to the Agreement. 'Acquisition Fund'means the fund by that name established and held by the Escrow Agent pursuant to Article II of this Escrow Agreement "Closing Date"means the day when Lessor deposits with the Escrow Agent the moneys required to be deposited pursuant to Article II. 'Equipment"means the personal property described the Essential Use Letter and the Acceptance Certificate executed pursuant to the Agreement,together with any and all modifications,additions and alterations thereto,to be acquired from the moneys held in the Acquisition Fund. 'Escrow Agent"means Old National Bank or any successor thereto acting as Escrow Agent Pursuant to this Escrow Agreement. "Escrow Agreement'means this Escrow Agreement and any duly authorized and executed amendment thereto. "Independent Counsel"means an attorney duly admitted to the practice of law before the highest court of the State in which he maintains an office and who is not an employee of Lessor,the Escrow Agent or the Lessee. "Lessee Representative" means the representative of Lessee or a person authorized by the Lessee to act on its behalf under or with respect to this Agreement. "Lessor Representative"means the President,any Vice President or Assistant Vice President of Lessor,or any person authorized to act on behalf of Lessor under or with respect to this Agreement, as evidenced by a certificate conferring such authorization executed by the President,any Vice President or Assistant Vice President of lessor,given to the Lessee or the Lessee Representative. "Payment Date"means the date upon which any Rental Payment under the Agreement is due and payable,as set forth in the Schedule of Payments. "Payment Request Form"means the document substantially in the form attached hereto as Exhibit A to be executed by Lessee and Lessor and submitted to Escrow Agent to authorize payment of Acquisition Costs. "Prepayment Date"means any date on which the lessee may exercise its option to purchase the Equipment pursuant to the terms of the Agreement. 'Qualified Investments'means C)direct general obligations of the United States of America; n obligations guaranteed by the United States;(III)general obligations of the agencies and instrumentalities of the United States;(iv)certificates of deposit,time deposits or demand deposits with a bank or savings institution qualified as a depository of public funds in the State of Indiana, provided that such certificates of deposit,time deposits or demand deposits,it not insured by the Federal Deposit Insurance Corporation of the Federal Savings and Loan Insurance Corporation,are fully secured by obligations described in Clauses(I),@ or (Iit);(v)money market funds,the assets of which are obligations of or guaranteed by the United States of America and which funds are rated"Aaa'by Moody's Investors Service or'Am'or"Am-G"by Standard&Pooes Corporation. "Rental Payments"means the basic payments payable by Lessee to Lessor pursuant to the provisions of the Agreement during the term thereof which are payable In conjunction of the right of Lessee to use the Equipment during the then current portion of the term of the Agreement. 'Term of the Agreement"means the time during which the Agreement is in effect,as provided in Article III of the Agreement. "Unpaid Principal Balance means the unpaid principal amount of all Rental Payments. "Vendor'means the manufacturer of the Equipment as well as the agents or dealers of the manufacturer from whom Lessor purchased,will purchase or has ordered the Equipment or with whom Lessor has contracted for the acquisition of the Equipment. Section 1.03. Authorization.Each of the parties hereby represents and warrants that it has full legal authority and is duly empowered to enter into this Agreement,and has taken all actions necessary to authorize the execution of this Agreement by the officers and person signing lt. ARTICLE fl ACQUISITION FUND Section 2.01. Acquisition Fund. Escrow Agent shall establish a special fund designated as the"Acquisition Fund"; shall keep such Fund separate and apart from all other funds and moneys held by it;and shall administer such Funds as expressly provided hereunder. Section 2.02. Deposit of Moneys by Lessor. At the Closing Date,Lessor shall deposit with the Escrow Agent the amount of $142,773.17. Escrow Agent shall credit said amount to the Acquisition Fund established and to be held,applied and disbursed as herein provided. Section 2-03. Purpose of Account:Payment of Acquisition Costs. The Account of the Acquisition fund shall be expended for the Acquisition Costs of the Equipment. Escrow Agent shall pay from the Account of the Acquisition Fund the Acquisition Cost of the Equipment,upon receipt from Lessee and Lessor the following items: 2 (a) in the case of payment of any Acquisition Cost to Vendor pursuant to a contract or purchase order,(1)a duly executed Payment Request Form,with a true copy of the Vendor's statement attached,(2)where applicable,a duplicate original of any change order approved by Lessee and Lessor increasing Acquisition Costs in an amount in excess of the original purchase order or contract price,(3)receipts from the Vendor showing proper application of prior requisitions,and (4)bills of sale for any component of the Equipment for which a bill of sale may be defivered; (b) in the case of an Acquisition Cost previously paid by Lessee for which it is seeking reimbursement,(1)a duly executed Payment Request Farm,(2)a true copy of Vendor's statement for such Acquisition Costs,and(3)evidence of Payment;or (c) in the case of payment of any other Acquisition Cost,a duly executed Payment Request Form. Section 2.04. Escrow Agent's Compensation.As compensation forthe services to be rendered hereunder,Lessee agrees to pay the Escrow Agent$250.00. The Escrow Agent's fee shall be payable from interest earnings on the escrow account and will be paid upon disbursement of proceeds to the vendor and closing of the escrow account. If funds remain in the escrow account,excluding Acquisition Costs and Escrow Agent's Compensation,after the full delivery and acceptance of the Equipment,then Lessor shall be entitled to such excess interest earnings. Section 2.05. Transfers Upon Completion.Upon theft to occur of(a)payment of all Acquisition Costs with respect to the Equipment;or(b)the one year anniversary of the Closing Date, Escrow Agent shall apply all remaining moneys in the Acquisition Fund to the reduction of the principal portion of the purchase price of the Equipment by paying such moneys directly to the Lessor or its assignees. In the case of a reduction of the principal portion of the purchase price,the remaining Rental Payments shall be recomputed based on the reduced purchase price and the Schedule of Payments shall be amended to reflect such prepayment of principal,and Lessor and Lessee shall execute a revised Schedule of Payments to acknowledge such change. Section 2.06. Termination if this Escrow Agreement is terminated by Lessor as authorized under Article Vll and the Agreement,all moneys in the Acquisition Fund shall be paid to Lessor or Assignees for application against moneys due to Lessor under the Agreement ARTICLE IIi MONEYS IN FUNDS: INVESTMENTS;TERMINATION Section 3.01. Held in Trust.The moneys and Investments held by the Escrow Agent under this Escrow Agreement are irrevocably held in trust for the benefit of the Lessee and for the purposes herein specified. Such moneys,and any income or interest earned thereon,shall be expended only as provided in this Escrow Agreement,and shall not,to the extent permitted by applicable law,as otherwise expressly provided herein,be subject to levy or attachment or lien by or for the benefit of any creditor of either Lessor or Lessee. Section 3.02. Investments Authorized. Moneys held by the Escrow Agent hereunder may be irrvested,and upon written order of the Lessee Representative shall,be invested by the Escrow Agent in Qualified Investments. Such investments shall be registered in the name of the Escrow Agent and held by Escrow Agent which may act as a purchaser or agent in making or disposing thereof. Such investments and reinvestments shall be made giving full consideration for the time when funds will be required to be available for acquisition. Section 3.03. Amounting. The Escrow Agent shag not be responsible or liable for any loss suffered in connection with any investment of funds made by it in accordance with this Escrow Agreement Section 3.04. Valuation and Disposition of Investments. For the purpose of determining the amount in the Acquisition Fund,all Qualified Investments credited to such fund shall be valued at cost(exclusive of accrued interest after the fast interest payments following purchase). Escrow Agent may sell at the best price obtainable,or present for redemption,any Quafified Investment so purchased by Escrow Agent whenever it shall be necessary in orderto provide moneys to meet any required payment, transfer,withdrawal or disbursement from the Acquisition Fund to which such Qualified Investment is credited and Escrow Agent shall not be liable or responsible for any loss resulting from such investment. Section 3.05. Deposit of Moneys in Acquisition Fund.All moneys held by the Escrow Agent in the Acquisition Fund established pursuant to this Agreement,except such moneys which are at the time invested as herein provided,shall be deposited in demand or time deposits(which may be represented by time certificates of deposit)in any bank or trust company authorized to accept deposits of public funds(including the banking department.of the Escrow Agent),and,as and to the extent required by law,shall be secured at all times by obligations which are eligible by law to secure deposits of public moneys. Such obligations shall be deposited with such bank or banks as may be selected by Escrow Agent,and held by orfor the account of the Escrow Agent as security for such deposits. 3 Section 3.06. Termination. Unless earlier terminated pursuant to Article Vil,this Escrow Agreement Shall terminate upon the final distribution of all moneys in the Acquisition Fund. ARTICLE IV THE ESCROW AGENT Section 4.01. Removal of Escrow Agent The Lessee and Lessor,bywritten agreement between themselves,may by written request,at any time and for any reason,remove the Escrow Agent and any successor thereto,and shall thereupon appoint a successor or successors thereto,but any such successor shall have capital(exclusive of borrowed capital)and surplus of at least Ten Million Dollars($10,000,000),and subject to supervision or examination by federal or state authority. If such bank or trust company publishes a report of condition at least annually,pursuant to statute or to the requirements of any federal or state supervising or examining authority,to,then for the purposes of this Section the combined capital and surplus of such bank or trust company may be conclusively established for the purposes hereby in its most recent report of condition so published. Section 4.02. Resignation of Escrow Agent The Escrow Agent or any successor may at any time resign by giving written notice to the Lessee and Lessor of its intention to resign and of the proposed date of resignation,which shall be a date not less than 60 days after such notice,unless an earlier resignation date and the appointment of a successor Escrow Agent shall have been or are approved by Lessee and Lessor. Upon receiving such notice of resignation,the Lessee and Lessor shall promptly appoint a successor Escrow Agent by an instrument in writing;provided however,that in the event the Lessee and Lessor fail to appoint a successor Escrow Agent within 30 days following receipt of such written notice of resignation,Lessor may appoint a successor Escrow Agent,and in the event that Lessor fail to appoint a successor Escrow Agent within 30 days following the expiration of such initial 30- day period,the resigning Escrow Agent may petition the appropriate court having jurisdiction to appoint a successor Escrow Agent. Any resignation or removal of the Escrow Agent shall become effective only upon acceptance of appointment by the successor Escrow AgenL Section 4.03. Appointment of Agent The Escrow Agent may appoint an agent acceptable to the Lessee and Lessor to exercise any of the powers,rights or remedies granted to the Escrow Agent under this Escrow Agreement,and to hold title to property or to take any other action which may be desirable or necessary. Section 4.04. Memer or Consolidation.Any company into which the Escrow Agent may be merged or converted,or with which it may be consolidated,or any company resulting from any merger,conversion or consolidation to which it shall be a party, or any company to which the Escrow Agent may sell or transfer all or substantially all of its corporate trust business(provided that such company shall be eligible under Section 4.02)shall be the successor to the Escrow Agent without the execution or filing of any paper or further act,anything herein to the contrary notwithstanding. Section 4.05. Protection and Rights of the Escrow Agent. The Escrow Agent shall be protected and shall incur no liability in acting or proceeding in good fadh upon any resolution,notice,telegram,request,consent,waiver,certificate,statement, affidavit,voucher,bond,requisition or other paper or document which it shalt in good faith believe to be genuine and to have been passed or signed by the proper board or person or to have been prepared and furnished pursuant to any of the provisions of this Escrow Agreement,and the Escrow Agent shall be under no duty to make any investigation or inquiry as to any statements contained or matters referred to in any such instrument,but may accept and rely upon the same as conclusive evidence of the truth and accuracy of such statements. The Escrow Agent may consult with Independent Counsel with regard to legal questions and the opinion of such counsel shall be full and complete authorization and protection in respect of any action taken or suffered by it hereunder in good faith in accordance therewith. Whenever in the administration of its duties under this Escrow Agreement,the Escrow Agent shall deem it necessary or desirable that a matter be proved or established prior to taking or suffering any action hereunder,such matters(unless other evidence in respect thereof be herein specifically prescribed),shall be deemed to be conclusively proved and established by the certificate of the Lessee Representative or the Lessor Representative and such certificate shall be full warranty to the Escrow Agent for any action taken or suffered under the provisions of this Escrow Agreement upon the faith thereof,but in its discretion the Escrow Agent may,in fieu thereof,accept other evidence of such matter or may require such additional evidence as to it may seem reasonable. The recitals,statements and representations by Lessee and Lessor contained in this Agreement shall be taken and construed as made by and on the part of the Lessee and Lessor,as the case may be,and not bythe Escrow Agent,and the Escrow Agent does not assume,and shall not have,any responsibility or obligation for the correctness of any thereof. The Escrow Agent may execute any of the trusts or powers hereof and perform the duties required of it hereunder by or through attorneys,agents,or receivers,and shall be entitled to advice of counsel concerning all matters of trust and its duty hereunder,and the Escrow Agent shall not be answerable for the default or misconduct of any such attorney,agent,or receiver selected by it with 4 reasonable care.The Escrow Agent shall not be answerable for the exercise of any discretion or power under this Escrow Agreement or for anything whatsoever in connection with the funds and accounts established hereunder,except only for its own wilful misconduct or gross negligence. ARTICLE V ASSIGNMENTS;AMENDMENTS Section 5.01. Assignment. Except as expressly herein provided to the contrary,the rights and duties of each of the parties under this Escrow Agreement shall not be assignable to any person or entity without the written consent of all of the other parties. Notwithstanding the above,Lessor may freely assign all or any part of its interest in this Agreement and the Acquisition Fund established hereunder in connection with an assignment by Lessor of the Agreement,subject to the provisions contained therein. Section 5.02. Amendments. This Escrow Agreement may be amended in writing by agreement among all of the parties. ARTICLE VI FURTHER ASSURANCES Section 6.01, Further Assurances. Lessor and Lessee will make,execute and deliver any and all such further resolutions,instruments and assurances as may be reasonably necessary or proper to carry out the intention or to facilitate the performance of this Escrow Agreement,and for better assuring and confirming the rights and benefits provided herein. ARTICLE VII DEFAULT Section 7.01. Default. (a) Lessor shall have the right to terminate this Escrow Agreement upon an Event of Default under the Agreement, which right shall not be exercised less than 15 days after Lessor shall have given Lessee written notice of such default Upon receipt of notice of termination from Lessor,Escrow Agent shall pay to Lessor,or its assignee,all moneys in the Acquisition Fund in accordance with Section 2.06. (b) In the event of the failure by any party hereto to observe and perform any covenant,condition or agreement on its part to be observed or performed under this Escrow Agreement,any non-defaulting party hereto shall have all of the rights and remedies now or hereafter existing at law or in equity against the defaulting party. (c) No delay or omission to exercise any such right or power accruing upon any default shall be construed to be a waiver thereof,but any such right or power may be exercised from time to time and as often as may be deemed expedient ARTICLE VIII LIMITATION OF LIABILITY Section 8.01. Limited Liability of Escrow Agent.Escrow Agent shall have no obligation or liability to any of the other parties under this Escrow Agreement for the failure or refusal of any other party to perform any covenant or agreement made by any of it hereunder or under the Agreement,but shall be responsible solely for the businesslike performance of the duties expressly imposed upon Escrow Agent hereunder. The recitals of facts,covenants and agreements herein contained pertaining to Lessee and Lessor shall be taken as statement,covenants and agreements of the Lessee or Lessor(as the case may be),and Escrow Agent assumes no responsibility for the correctness of the same, or makes any representation as to the validity or sufficiency of this Escrow Agreement,or shall incur any responsibility in respect thereof,other than in connection with the duties or obligations herein imposed upon it Escrow Agent shall not be liable in connection with the performance of its duties hereunder,except for its own negligence or wilful default Section 8.02. Indemnification. To the extent permitted by applicable law,Lessee agrees to indemnify and save Escrow Agent harmless from and against all claims,suits and actions brought against it,or to which it is made a party,and from all losses and damages,including without limitation reasonable,attorney fees and court costs suffered by it as a result thereof,where 5 such claim,suit or action arises in connection with this Escrow Agreement,the transactions described herein and in the Agreementor the Escrow Agents employment as an escrow agent by Lessee and Lessor.Notwithstanding the foregoing,such indemnification shall not extend to claims,suits and actions brought against the Escrow Agent for failure to perform and carry out the duties specifically imposed upon and to be performed by it pursuant to this Escrow Agreement and claims,suits or actions arising from events and directly attributable to acts of Lessor. Escrow Agent shall have a Gen on all property deposited hereunder,for reasonable attorneys' fees,court costs,for any suit,interpleaded or otherwise,or any other expense,fees or charges of any character or nature,which may be incurred by Escrow Agent by reason of disputes arising between Lessor and Lessee as to the correct interpretation of this Escrow Agreement and instructions given to Escrow Agent hereunder,or otherwise,with Escrow Agent having the right,regardless of the instructions received,to hold such property until and unless such additional expenses,fees and charges shall be paid. In the event the Lessee is required to indemnify Escrow Agent as herein provided,Lessee shall be subrogated to the rights of the Escrow Agent to recover such losses or damages from any other person or entity including Lessor. Section 8.03. Discretion of Escrow Agent to File Civil Action in the Event of Dispute. If Lessor or Lessee are in disagreement about the interpretation of this Escrow Agreement,or about the rights and obligations,or the propriety of any action contemplated by Escrow Agent hereunder,Escrow Agent may,but shall not be required to,file an appropriate civil action to resolve the disagreement Escrow Agent shall be indemnified by Lessee in accordance with Section 8.02 for all costs in connection with such civil action,and shall be fully protected in suspending all or part of its activities under this Escrow Agreement until a final judgement in such action is received. Section 8.04. Opinion of Counsel. Before being required to take any action,the Escrow Agent may require 0)an opinion of Independent Counsel acceptable to the Escrow Agent and which opinion shall be made available to the other parties hereto,or(G)a verified certificate of any party hereto,or(iii)both 0 and(0),concerning the proposed action. Escrow Agent shall be absolutely protected in relying thereon if it does so in good faith. Section 8.05. Limitation of Rights to Parties. Nothing in this Escrow Agreement,expressed or implied,is intended or shall be construed to give any person other than the Lessee,Lessor or the Escrow Agent any legal or equitable right,remedy or claim under or in respect of this Agreement or any covenant,condition or provision hereof,and all such covenants,conditions and provisions are and shall be for the sole and exclusive benefit of the Lessee,Lessor and Escrow Agent ARTICLE IX MISCELLANEOUS Section 9.01. Records. The Escrow Agent shall keep complete and accurate records of all moneys received and disbursed under this Escrow Agreement,which shall be available for inspection by the Lessee,Lessor,or the agent of either of them, at any time during regular business hours. Section 9.02. Notices.All written notice to be given under this Escrow Agreement shall be given by mail to the party entitled thereto at its address set forth in the attached Exhibit B,or at such address as the party may provide to the other parties in writing from time to time. Any such notice shall be deemed to have been received 72 hours after deposit in the United States mall in registered or certified form,with postage fully prepaid. Section 9.03. Governing Laws.This Escrow Agreement shall be construed and governed in accordance with the laws of the State of Minnesota. Section 9.04. Partial Invalidity. Any provision of this Escrow Agreement found to be prohibited by laws shall be Ineffective only to the extent of such prohibition,and shall not invalidate the remainder of this Escrow Agreement. Section 9.05. Binding Effect:Successors.This Escrow Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns.Whenever in this Escrow Agreement any party hereto is named or referred to,such references shall be deemed to include permitted successors or assigns thereof,and all covenants and agreements contained in this Escrow Agreement by or on behalf of any party hereto shall bind and inure to the benefit of permitted successors and assigns thereof whether or not so expressed. Section 9.06. Execution in Counterparts.This Escrow Agreement maybe executed in several counterparts,each of which shall be an original and all of which shall constitute but one and the same agreement. Section 9.07. Headings.The headings or titles of the several Articles and Sections hereof,and any tables of contents appended to copies hereof,shall be solely for convenience of reference and shall not affect the meaning,construction or affect of this 6 Escrow Agreement. AN references herein to'Articles','Sections',and other subdivisions are to the corresponding Articles,Sections, or subdivisions of this Escrow Agreement,and the words"herein","hereof","hereunder"and other words of similar import refer to this Agreement as a whole and not to any particular Article,Section or subdivision hereof. IN WITNESS WHEREOF,the parties have executed this Escrow Agreement as of the date and year fast above written. Old National Bank as Escrow Agent By: Title: Republic First N allonal Corporation as Lessor By: Title: City of Eden Prairie as Lessee as Witness By: By-, Title: Title: 7 EXHIBIT B ADDRESS OF PARTIES 1. Lessor. Republic First National 2525 West State Road 114 Rochester,IN 46975 2. Lessee: City of Eden Prairie 8080 M'dchell Road Eden Prairie,MN 55344 3. Escrow Agent: Old National Bank P.0.Box 658 Evansville,IN 47704-0658 8 TAX COMPLIANCE AGREEMENT AND NO ARBITRAGE CERTIFICATE This Tax Compliance Agreement and No Arbitrage Certificate is issued in connection with that certain Master Equipment Lease/Purchase Agreement dated as 04/26/06 by and between Republic First National Corporation, ("Lessor")and City of Eden Prairie("Lessee'). 1. In General. 1.1. This Certificate is executed for the purpose of establishing the reasonable expectations of Lessee as to future events regarding the financing of certain equipment by Lessee as described in the Master Equipment Lease/Purchase Agreement dated as of 04/26/06(the"Lease']between Lessor and Lessee and all related documents executed pursuant thereto and contemporaneously herewith with respect to the financing of the acquisition of$142,773.17 of equipment(the"Equipment')by Lessor for Lessee(the Lease and such other documents are hereinafter collectively referred to as the"Financing Documents"). 1.2. The individual executing this Certificate on behalf of Lessee is an officer of Lessee delegated with the responsibility of reviewing and executing the Financing Documents. 1.3. To the best of the undersigned's knowledge,information and belief,the expectations contained in this Certificate are reasonable. 1.4. Lessee has not been notified of any listing or proposed listing of it by the Internal Revenue Service as an issuer whose certifications as to arbitrage may not be relied upon. 1.5. The rental payments due under the Financing Documents will be made with monies retained in Lessee's general operating fund(or an account or sub account therein). No sinking,debt service,reserve or similar fund or account will be maintained for the payment of the rental payments due under the Financing Documents or pledged as security therefor. 1.6. If any other governmental obligations were or are being issued by or on behalf of Lessee within fifteen(15)days of the date of issuance of the Financing Documents,such obligations either(i)were not or are not being issued or sold pursuant to a common plan of financing with,or(ii)will not be paid out of substantially the same source of funds as,the financing pursuant to the Financing Documents. 2. Purpose of the Financing Documents. 2.1. The Financing Documents are being entered into for the purpose of providing funds for financing the cost of acquiring,equipping and installing the Equipment which is essential to the governmental functions of Lessee,which Equipment is described in the Description of the Equipment executed and delivered by Lessee pursuant to the Lease. The principal amount represented by the Financing Documents, or $142,773.17 will be deposited in escrow by Lessor on 04/26/06 and held by Old National Bank,as Escrow Agent(the'Escrow Agent") pending acquisition of the Equipment under the terms of that certain Escrow Agreement dated as of (the"Escrow Agreement),by and among Lessor,Lessee and Escrow Agent. 2.2. No portion of the principal amount represented by the financing documents will be used as a substitute for other funds which were otherwise to be used as a source of financing for the Equipment,or will be used,directly or indirectly,to replace funds used by Lessee to acquire investments which produce a yield materially higher than the yield to Lessor under the Financing Documents. 2.3. Lessee does not expect to sell or otherwise dispose of the Equipment,in whole or in part,at a date which is earlier than the final rental payment due under the Financing Documents. 3. Source and Disbursement of Funds. 3.1. The principal amount represented by the Financing Documents does not exceed the amount necessary for the governmental purpose for which the Financing Documents were entered into. Such funds are expected to be needed and fully expended for payment of the costs of acquiring,equipping and installing the items of Equipment. 3.2. it is contemplated that the entire amount deposited in escrow will be used to pay the acquisition cost of Equipment to the vendors or manufacturers thereof,provided that a portion of the principal amount may be paid to Lessee within such period as reimbursement for acquisition cost payments already made by it so long as the conditions set forth in Section 3.3 below are satisfied. 3.3. Lessee shall not request that it be reimbursed for Equipment acquisition cost payments already made by it unless the following conditions have been satisfied. (a) Lessee made a declaration of its reasonable intention to reimburse the acquisition cost payment sought to be reimbursed with the proceeds of a borrowing not later than sixty(60) days after the date on which it made the payment,which declaration satisfies the"Official Intent Requirement" set forth in Treas.Reg.See.1.150-2; (b) The reimbursement being requested will be made by written allocation before the later of eighteen(18)months after the acquisition cost payment was made or eighteen(18)months after the items of Equipment to which such payment relates were placed in service; (c) The entire paymentwith respect to which reimbursement is being sought is a capital expenditure,being a cost of type properly chargeable to a capital account under general federal income tax principles;and (d) Lessee will use any reimbursement payment for general operating expenses and not in a manner which could be construed as an artifice or device under Trees.Reg.Sec. 1. 148-10 by, virtue of,among other things,use to refund, or to create or increase a sinking,reserve or replacement fund With respect to,any other obligations issued by it. 4. Temporary Period. 4.1. Lessee expects,within six months from the date of issuance of the Financing Documents,(a)to have had disbursed from escrow an amount in excess of the lesser 21/2%of the amount deposited by Lessor in escrow or$100,000;or(b)to enter into binding obligations with third parties obligating Lessee to spend such amount. 4.2. The ordering and acceptance of the items of Equipment will proceed with due diligence to the date of final acceptance of the Equipment. 4.3. The items of Equipment being acquired by Lessee will be delivered at various times from 04/26/06 to 10/26107. At least 15% of the sum of the amount deposited in escrow and the reasonably anticipated interest earnings thereon will be used to pay the acquisition price of items of Equipment within six months from the date of issuance of the Financing Documents; at least 60% of the sum of the amount deposited in escrow and the reasonably anticipated interest earnings thereon will be used to pay the acquisition cost of items of Equipment within 12 months from the date of issuance of the Financing Documents;and 100%of the amount deposited in escrow and interest earnings thereon will be used to pay the acquisition cost of items of Equipment prior to 18 months from the date of issuance of the Financing Documents. It is anticipated that all Equipment will be delivered and accepted, and all funds provided by Lessor and interest earnings thereon expended,prior to 10/26/07. 4.4. The total acquisition cost of the Equipment is not required to be paid to the vendors or manufacturers thereof until the Equipment has been accepted by Lessee. 5. Escrow Account. The Financing Documents provide that the monies deposited in escrow shall be invested until payments to the vendor(s) or manufacturer(s) of the Equipment are due. Lessee will ensure that such investment will not result in Lessee's obligations under the Financing Documents being treated as an "arbitrage bond"or a"federally guaranteed bond"within the meaning of Section 148(a)or Section 149(b)of the Internal Revenue Code of 1986.as amended(the"Code'),respectively. Any monies which are earned from the investment of these funds shall be labeled as interest earned. All such monies will be disbursed on or promptly after the date that Lessee accepts the equipment 6. Exempt Use. 6.1. No part of the proceeds of the Financing Documents or the Equipment will be used in any "private business use"within the meaning of Section 141(b)(6)of the Internal Revenue Code of 1986,as amended. 6.2. No part of the proceeds of the Financing Documents will be used,directly or indirectly,to make or finance any loans to non-governmental entities or to any governmental agencies other than Lessee. 7. No Federal Guarantee. 7.1. Payment of the principal or interest due under the Financing Documents is not directly or indirectly guaranteed,in whole or in part, by the United States or an agency or instrumentality thereof. 7.2. No portion of the proceeds under the Financing Documents shall be(1)used in making loans, the payment of principal or interest of which are to be guaranteed,in whole or in part,by the United States or any agency or instrumentality thereof,or(ii)invested, directly or indirectly, in federally insured deposits or accounts if such investment would cause the financing under the Financing Documents to be "Federally guaranteed"within the meaning of Section 149(b)of the Code. B. Miscellaneous. 8.1. Lessee agrees to comply with the rebate requirement set forth in Section 148(f)of the Code in the event that for any reason it is applicable to the financing pursuant to Financing Documents. 8.2. Lessee shall keep a complete and accurate record of all owners or assignees of the Financing Documents in form and substance satisfactory to comply with Section 149(a)of the Code unless Lessor or its assignee agrees to act as Lessee's agent for such purpose. 8.3. Lessee shall maintain complete and accurate records establishing the expenditure of the proceeds of the Financing Documents and interest earnings thereon for a period of five years after payment in full under the Financing Documents. IN WITNESS WHEREOF,this Tax Compliance Agreement and No Arbitrage Certificate has been executed on behalf of Lessee as of the date set forth below. LESSEE: City of Eden Prairie Witness By: By: Title: Title: Date: Date: Insurance Coverage Requirements We hereby instruct the insurance agent named below: Name: X Address: City,State,Zip: X Phone Number: k Fax Number to issue: a. All Risk Physical Damage Insurance on the leased equipment evidenced by a Certificate of Insurance and Long Form Loss Payable Clause naming"Republic First National Corporation",its nominees or assigns,as Loss Payee. Coverage Required: Full Replacement Value;b.Public Liability Insurance evidenced by a Certificate of Insurance naming "Republic First National Corporation"as an additional insured. Minimum Coverage Required: $500,000 per person,$1,000,000 aggregate bodily injury liability,$300,000 property damage liability. Proof of insurance coverage will be provided to Republic First National Corporation prior to the time that the Equipment is delivered to us. CERTIFICATE OF INCUMBENCY AND RESOLUTION I do hereby certify that I am the duly elected or appointed and acting Secretary/Clerk of the Lessee,a political subdivision or agency duly organized and existing under the laws of the State that I have custody of the records of such entity,and that the individual (s)signing this Lease,and all documents,pertaining thereto,is(are)a duly elected or appointed officer(s)of such entity. I further certify that(1)the signature(s)is(are)true and authentic and(II)such officer(s)has(have)the authority of behalf of such entity and by resolution of its governing body to enter into this Municipal Lease Agreement. IN WITNESS WHEREOF,I have duly executed this certificate this day of 20 Secretary/Clerk X OPINION OF LESSEE'S COUNSEL As Counsel for City of Eden Prairie,it is my opinion that: (a) Lessee is a political subdivision of the State or qualified volunteer fire department or other qualified entity within the meaning of Section 103 and/or 147 and/or 150 of the IRS Code,its related rulings and regulations. It is duly organized, existing and operating under the constitution and laws of the State. (b) The Lease has been duly authorized and has been executed by an authorized representative. (c) The Lease creates a legal,valid and binding obligation of the Lessee and that such Lease is enforceable in accordance with its terms. (d) The equipment covered by the Lease is not being used for other that a public purpose. COUNSEL F�OF 1ESSEE Signature %%�� - Print Name Date: y Firm Name x Address X. City X St` Zip Phone Number x Fax Number X Payment Schedule City of Eden Prairie Lease No. 0426FEDE Cost of Equipment: $142,773.17 AMORTIZATION SCHEDULE-Normal Amortization,360 Day Year Payment Payment Payment Interest Principal Early Termination Number Date Amount Portion Portion Purchase Option 1 2/1/2007 $33,259.44 $6,404.58 $26,854.86 $117,367.29 2 2/1/2008 $33,259.44 $6,661.81 $26,597.63 $90,437.19 3 2/1/2009 $33,259.44 $5,133.25 $28,126.19 $61,959.42 4 2/1/2010 $33,259.44 $3,516.84 $29,742.60 $31,845.04 5 2/1/2011 $33,259.44 $1,807.55 $31,451.89 $0.00 Grand Totals $166,297.20 $23,524.03 $142,773.17 Lessee: City of Eden Prairie By: Title: X Date: k Form 8038-G Information Return for Tax-Exempt Governmental Obligations ► Underintemal Revenue Code section 149(e) OMB No.1545-0720 (Rev.May1999) ► See separate Instructions. t)epanmentof Lhe Treasury Caution:Use Form 8038-GCifrheissue ceisunder5100,000. Internal Revenue service Reporting Authority IfAmended Return, check here ► ❑ 1 Issuer's name 2 Issuer's employer identification number City of Eden Prairie 41 : 0865460 3 Numberand street(orP.O.boxifmailisnot delivered to street address) Room/suite 4 Reportnumber 8080 Mitchell Road G - 5 City,town,orpostoffice,state.andZIP code Sateofissue Eden Prairie,MN 55344 7 Nameofissue 8 CUSIPnumber 9 Name and title of officer or legal representativewhom the IRS may call formore information 10 Telephone number of officer of legal representative Sue Kotchevar-CFO I ( 952 )949-8386 Typeof Issue(check applicable box(es)and enterthe issue rice) See instructions and attach schedule 11 ❑ Education . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 12 ❑ Health and hospital . . . . . . . . . . . . . . . . . . . . 12 13 ❑ Transportation . . . . . . . . . . . . . . . . . . . . . . . . 13 14 ® Public safety. . . . . . . . . . . . . . . . . . . . . . . . . . . 14 $142,773.17 15 13 Environment(including sewage bonds) 1516 16 El Housing . . . . . . . . . . . . . . . . . . . . . . . . . . 17 ❑ Utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 18 ❑ Other.Describe ► 18 19 If obligations are TANS or RANs,check box 0- 0 If obligations are BANS,check box ► ❑ ' 20 If obligations areintheformofaleaseorinstallmentsale,checkbax ► ❑ .� "> � .: Description of Obligations. (Complete for the entire issue for which this form is beinq riled. (a)Finalmaturitydate (b)Issue price (c)stated redemption (d)Weighted (e)Yield priceatmatunry average maturity 21 Is S ears I % Uses of Proceeds of Bond Issue(including underwriters'discount) 22 Proceeds used for accrued interest . . . . . . . . . . . . . . . . . . . . 22 23 Issue price of entire issue(enter amount from line 21,column(b)) . . . . . . 23 $142,773.17 24 Proceeds used for bond issuance costs(including underwriters'discount) 24 25 Proceeds used for credit enhancement . . . . . . . 25 -• 26 Proceeds allocated to reasonably required reserve or replacement fund 26 27 Proceedsusedto currentlyrefund priorissues . . . . 27 28 Proceeds used to advance refund prior issues . . . . 28 29 Total(add tines 24 through 28) . . . . . . . . . . . . . 29 30 Nonrefundin roceeds of the issue(subtract line 29 from line 23 and enter amount here) 3071 jjEBjT Description of Refunded Bonds(Com letethis partonl for refundingg bonds.) 31 Enterthe remaining weighted average maturity of the bonds to be currently refunded . . . No. years 32 Enterthe remaining weighted average maturity of the bonds to be advance refunded . . . ► years 33 Enterthe last date on which the refunded bonds will be called . . . . . . . . . . . ► 34 Enterthedate(s)the refunded bonds were issued ► Miscellaneous 35 Enter the amount of the state volume cap allocated to the issue under section 141(b)(5) , . . 35 36a Enter the amount of gross proceeds invested or to be invested in a guaranteed investment contract(see instructions) 36a $142,773.17 b Enter the final maturity date of the guaranteed investment contract ► ` 37 Pooled financings: a Proceeds of this issue that are to be used to make loans to other governmental units 37a b If this issue is a loan made from the proceeds of another tax-exempt issue,check box ► ❑ and enter the name of the issuer► andthedateoftheissue ► 38 If the issuer has designated the issue under section 265(b)(3)(B)(i)(111)(small issuer exception),check box . . . ► 39 If the issuer has elected to pay a penalty in lieu of arbitrage rebate,checkbox . . . . . . . . . . , . ► ❑ 40 If the issuer has identified a hedge,checkbox ► ❑ Underpenaltiesofperjury,IdeclarethatIhaveexaminedthisreturnandaccompanyingschedulesandstatements,andtothebe stofmyknowledge and belief,they aretrue,correct,andcomplete. Please Sign X .� Here ' Signatureofissuer'sauthorizedrepresentative Date 'rypeorprintnameanddue For Paperwork Reduction Act Notice,seepage 2of the Instructions. Cat.No.637735 Form 8038-G (Rev.s-99) REPUBLIC 2525 West State Road 114 Rochester,IN 46975 61. 1 800-700-7878 F, fax:800.865-8517 11 ' FIRST NATIONAL When nasnits matter. GOVERNMENT CERTIFICATE OF EXEMPTION TO: Republic First National Corp. 2525 West State Road 114 Rochester, IN 46975 The undersigned hereby certifies that the purchases of tangible personal property or services being made on this certificate of exemption are being made by the State of Minnesota, or a county or municipality within the State of Minnesota, or the Federal Government, or an agency thereof,and are for the use of such government or agency. The undersigned also certifies that the leasing of the Equipment is exempt from all sales and use taxes against either the Lessor or the Lessee during the term of the Lease and the Equipment will be exempt from all state and local personal property. Name of government or agency: City of Eden Prairie Date: �` Signed Tax ID No..?( Title www.republicfirstnational.com REPUBLIC 2525 West State Road 114 Rochester,IN 46975 fax:BOD-865-8517 111'' FIRST NAMONAL When results matter. INVOICE INSTRUCTIONS Please fill in the address that invoices for the payments should be sent to: Person/Department: X Name of Lessee: X Street/P.O.Box k City, State,Zip X Municipal Lease Purchase Agreement between Republic First National Corporation as Lessor and City of Eden Prairie as Lessee dated 04/26/06. Equipment Description: Eighty-Five(85)New Sets of Cairns Fire Fighting Turnout Gear Name and phone number of person to contact if payment is not received by due date: Name: x Phone Number: ( ) Please fill in the address where the equipment can be located: Person/Department: X Name of Lessee: X Street/P.O.Box City, State,Zip X County: vwvw.republicrirstnationat com REPUBLIC 2525 West State Road 114 Rochester,IN 46975 800-700-7878 fax:800-865-8517 FIRST NATIONAL When results matter. NOTICE OF ASSIGNMENT April 25,2006 Sue Kotchevar City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 RE: Equipment Lease/Purchase Agreement,dated as of 04/26/06(the"Agreement")between Republic First National Corporation("Lessor")and City of Eden Prairie("Lessee") Dear Sue: Please be advised that Republic First National Corporation has assigned all its right,title and interest in,to and under the above referenced Equipment Lease Purchase Agreement(the "Agreement"),the Equipment leased thereunder and the right to receive Rental Payments thereunder to the following assignee: Old National Sank,P.O.Box 658,Evansville,IN 47704-0658 Rental Payments of$33,259.44 and payment of the Purchase Price due under the Agreement should be made to the Assignee at the above address. Please contact your insurance company to substitute the name of the above Assignee as the Loss Payee and Additional Insured. Sincerely, ACKNOWLEDGED AND ACCEPTED: City of Eden Prairie Republic First National Corporation By X BY: Title X TITLE: Date: X Phone: www.republiefirstnationalcom CITY COUNCIL AGENDA DATE: SECTION: Public Hearings May 11, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.A. Community Development/Planning Baneberry Hollow Janet Jeremiah Scott Kipp Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Guide Plan Change from Low Density Residential to Medium Density Residential on 2.06 acres; and • Adopt the Resolution for Planned Unit Development Concept Review on 2.51 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Change from Rural to RM-6.5 on 2.06 acres; and • Adopt the Resolution for Preliminary Plat on 2.51 acres into twelve lots and right-of-way; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Synopsis This project is for a 10 unit twin home development. The concept plan shows an additional twin home on Lot 12 where an existing single family home will remain for a limited time. Lot 12 will remain in the Rural zoning district and require PUD waivers for size,width, depth and structure setbacks within the Rural district until it is developed. The waivers may have merit since the lot has been designed to accommodate a future twin home, access is eliminated from Pioneer Trail, and the duration of the existing single family home will be limited. The change in land use is reasonable since it provides for an appropriate density to the abutting higher density development to the west and lower density development to the southeast. Background Information It is anticipated that the undeveloped property to the east will develop in a similar fashion and is provided with access through this development so its access to Pioneer Trail can also be eliminated in the future. To address neighborhood concern the developer is working with Hennepin County to obtain a temporary construction access from Pioneer Trail to complete the majority of the development. City Council Agenda—Public Hearings Baneberry Hollow May 16, 2006 Page 2 Planning Commission Recommendation The Planning Commission voted 6-0 to recommend approval of the project to the City Council at the April 24, 2006 meeting, including working with Hennepin County to coordinate the time frame for the construction access from Pioneer Trail. Attachments 1. Ordinance—PUD review 2. Resolution—Guide Plan Change 3. Resolution—PUD review 4. Resolution—Preliminary Plat 5. Staff Report dated April 21, 2006 6. Location Map 7. Land Use &Zoning Maps 8. Planning Commission Minutes dated April 24, 2006 BANEBERRY HOLLOW CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 16-2006-PUD-11-2006 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS,CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA,ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter,the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural zoning District and be placed in the Planned Unit Development RM-6.5 Zoning District 16-2006-PUD-11-2006 (hereinafter "PUD-11-2006-RM-6.5"). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of ,2006, entered into between Lakewest Development, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-11-2006-RM-6.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-11-2006-RM-6.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-11-2006-RM-6.5 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-11-2006-RM-6.5 are justified by the design of the development described therein. D. PUD-11-2006-RM-6.5 is of sufficient size, composition, and arrangement that its construction,marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural Zoning District, and placed in the RM-6.5 Zoning District and shall be included hereafter in the Planned Unit Development PUD-11-2006-RM-6.5 and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation"and Section 11.99 entitled "Violation a Misdemeanor"are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 16t'day of May,2006, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the day of ,2006. ATTEST: Kathleen A.Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie Sun Current on EXHIBIT A Zoning Legal Description Zoning from Rural to RM-6.5 PARCEL 1: That part of the West Half of the Southeast Quarter of Section 25, Township 116, Range 22, lying South of Hennepin County Road No. 1 and lying East of the West 1087.45 feet thereof; more fully described as follows: Beginning at a point in the South line of the Southeast Quarter of said Section 25, distant 1087.45 feet East from the Southwest corner thereof,thence at right angles North, a distance of 520.9 feet to the centerline of County Road No. 1, thence southeasterly along the centerline of said County Road No. 1 to the East line of the West Half of said Southeast Quarter;thence South to the South line of said Section;thence West along said Section line to the point of beginning,EXCEPT the East 100 feet thereof, according to the U.S. Government Survey, Hennepin County,Minnesota. AND That part of the East 100 feet(as measured at right angles)of the West Half of the Southeast Quarter of Section 25, Township 116, Range 22, lying south of a line described as follows: Beginning at a point on the East line of the West Half of the Southeast Quarter of said Section 25, distance 247.00 feet north of the Southeast Corner thereof,thence westerly 100 feet,parallel with the south line of the Southeast Quarter of Section 25,to its intersection with the west line of the East 100 feet of the West Half of said Southeast Quarter, said like there terminating. Zoning Amendment with in the Rural District PARCEL 2: ThatWest Half of the Southeast part of the East 100 feet(as measured at right angels) of the Quarter of Section 25,Township 116, Range 22, lying south of the centerline of Hennepin County Road No. 1 and north of a line described as follows: Beginning at a point on the East line of the West Half of the Southeast Quarter of said Section 25, distant 247.00 feet north of the Southeast Corner thereof;thence westerly 100 feet, parallel with the south line of the Southeast Quarter of Section 25,to its intersection with the west line of the East 100 feet of the West Half of said Southeast Quarter, said line there terminating. BANEBERRY HOLLOW CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2006- A RESOLUTION AMENDING THE COMPREHENSIVE MUNICIPAL PLAN WHEREAS, the City of Eden Prairie has prepared and adopted the Comprehensive Municipal Plan("Plan");and WHEREAS, the Plan has been submitted to the Metropolitan Council for review and comment; and WHEREAS,the proposal of Baneberry Hollow, by Lakewest Development is for a 10 unit twin home development on 2.06 acres. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eden Prairie, Minnesota, hereby adopts the amendment of the Plan subject to Metropolitan Council approval as follows: 2.06 acres from Low Density Residential to Medium Density Residential. ADOPTED by the City Council of the City of Eden Prairie this 16t' day of May, 2006. Ron Case,Acting Mayor ATTEST: Kathleen Porta, City Clerk BANEBERRY HOLLOW CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2006- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF BANEBERRY HOLLOW FOR LAKEWEST DEVELOPMENT WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development(PUD) Concept of certain areas located within the City;and WHEREAS, the Planning Commission did conduct a public hearing on April 24, 2006, on Baneberry Hollow by Lakewest Development and considered their request for approval of the PUD Concept plan and recommended approval of the request to the City Council; and WHEREAS,the City Council did consider the request on May 16, 2006. NOW,THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Baneberry Hollow, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans stamp dated April 19, 2006. 3. That the PUD Concept meets the recommendations of the Planning Commission on April 24, 2006. ADOPTED by the City Council of the City of Eden Prairie this 16t'day of May, 2006. Ron Case,Acting Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A PUD Concept- Baneberry Hollow Legal Description: That part of the West Half of the Southeast Quarter of Section 25,Township 116,Range 22, lying South of Hennepin County Road No. 1 and lying East of the West 1087.45 feet thereof,more fully described as follows:Beginning at a point in the South line of the Southeast Quarter of said Section 25, distant 1087.45 feet East from the Southwest Corner thereof; thence at right angles North a distance of 520.90 feet to the centerline of said County Road No. 1;thence Southeasterly along the centerline of said County Road No. 1 to the East line of the West half of said Southeast Quarter; thence South to the South line of said Section;thence West along said Section line to the point of beginning,except the East 100.00 feet thereof,according to the U.S.Government Survey,Hennepin County,Minnesota. That part of the East 100 feet(as measured at right angles)of the West Half of the Southeast Quarter of Section 25,Township 116,Range 22,lying South of the centerline of Hennepin County Road No. 1. BANEBERRY HOLLOW CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2006- RESOLUTION APPROVING THE PRELIMINARY PLAT OF BANEBERRY HOLLOW FOR LAKEWEST DEVELOPMENT BE IT RESOLVED b the Eden Prairie City Council as follows: Y h' That the preliminary plat of Baneberry Hollow for Lakewest Devel opment ment stamp dated April 19, 2006, and consisting of 2.51 acres into twelve lots and right-of-way, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 16'h day of May, 2006. Ron Case,Acting Mayor ATTEST: Kathleen A.Porta, City Clerk i Area Location Map - Baneberry Hollow Address: 10015 and 10065 Pioneer Trail Ivywood Ccurt Juniper Lane i Belmont Lane Pioneer Trail cr Lee Drive _ '.� SI E Lu Q11 / C111[IDS - J Franlo Road Hwy# 169 — Lee Dirve -- - 7-1 1 Hennepin Town Road N -S'c I Guide Plan Map Baneberry Hollow 10015 and 10065 Pioneer Trail Ff t Ivywood Court Juniper Lane Hennepin Town Road ( _ Pioneer Trail � i 1 ~� HWY#169 � SITE Lee Drive f k f f Franlo Road Lee Drive ' 1 i , I ­4 j of Eden Pram 02fl� ,- Low Density Residential 0.2.5 Units/Acre Neighborhood Commercial Principal Arterial Low DensitytPublic/Open Space Community Commercial --A Minor Arterial iMedium Density residential 2.5-10 Units/Acre Regional Commercial -B Minor Arterial QMedium Density Residential/Office Park/Open Space ----Major Collector •,<; High Density Residential 10-40 UnitstAcre Public/Quasi-PublicMinor Collector I , _ ►r t t L�Office Church/cemetery Office/Industrial Open water ,ZZ Office/Public/Open Space Right-Or-way DATE AaArOvcd 05-79-03 Industrial -Metropolitan Urban Service Line(MUSA) DATE.ReV—d 01-07 05 Creeks Zoning Map Baneberry Hollow 10015 and 10065 Pioneer Trail l t Ivywood Court i — Juniper Lane - / t RII I5 _ _ Pioneer Trail - Hennepin Town Road = i 1�� a_. , j I r Lee Drive S( E i 1 ) Franlo Road `—"'I Lee Drive I I 1 I t 1 l i Rural One Family-10 acre min. Highway Commercial Shoreland Management Classifications R1-44 One Family-44,000 st.min. Regional Service Cumrnerclal ® Natural Environment Waters (�R1-22 One Family-22,000 st min. Regional Commercial Rn0 Recreational Development Waters ® General Development Waters{Greeks Only) RI-13.5 One Family13,500 at min. �'�.Industrial Park-2 Acre Min, ® 100- Year Roodpiain '. t ;RI-9-5 One Family-0,500 si min. Industrial Park- 5 Acre Min. Highway#312 West of County Road Jf4 is proposed,not constructed at this Ume. RM-6.5 Multi-Family-6.7 U.P.A.max. General Industrial-5 Acre Min. Up dated through Ordinance 009-2005 '.. RM-2.6 Multi-Family-17.4 U.P.A.max. Public Ordinance 933-2001(OR Addition)approved,but net shown on INS map edition I�Office Water Date.June 24,2005 I.. �Neighborhood Commercial Right-of-Way :x+.«k, .�.MMr�.,:ea=vzwr..,aK. sm.•r Community Commercial Chanhassen City limits N STAFF REPORT TO: Planning Commission FROM: Scott A. Kipp, Senior Planner DATE: April 21, 2006 SUBJECT: Baneberry Hollow APPLICANT: Curt Fretham, Lake West Development OWNERS: Curt Fretham Marlo and Christine Stueve LOCATION: 10015 and 10065 Pioneer Trail 1. Guide Plan Change from Low Density Residential to Medium Density Residential on 2.06 acres 2. Planned Unit Development Concept Review on 2.51 acres 3. Planned Unit Development District Review with waivers on 2.51 acres 4. Zoning District Change from Rural to RM-6.5 on 2.06 acres 5. Preliminary Plat of 2.51 acres into 12 lots and right-of-way BACKGROUND Staff Report—Baneberry Hollow April 21,2006 The site is guided Low Density Residential for up to 2.5 units per acre. Surrounding land uses are Medium Density and Low Density Residential to the north across Pioneer Trail, Low Density Residential to the east, Park to the south and Medium Density to the west. The site is zoned Rural. Land to the north is zoned RM-6.5 and R1-9.5,Rural to the east and south, and RM-6.5 to the west. Two existing houses on the property take access from Pioneer Trail. This project was first reviewed at an informational meeting at the Planning Commission on February 27,2006. The Commission was comfortable with the proposal but wanted to see more information on construction traffic and trip generation for the property. DEVELOPMENT PROPOSAL The concept is for 12 unit twin homes on 2.51 acres. Ten units are to be constructed at this time. The existing single family home at 10015 Pioneer Trail will remain for the short term and will develop into two additional twin home units following a future approval process, including public hearings. GUIDE PLAN CHANGE The density of the 10 unit project is 4.4 units per acre which will require a guide plan change from Low Density Residential to Medium Density Residential and a rezoning to RM-6.5. The plan shows how the property to the east could develop in a similar fashion some time in the future resulting in eight additional units for an overall density of 3.5 units per acre. The townhouse portion of the Bluff Ridge development that abuts the site to the west is 6 units per acre.A single family development exists to the southeast of the site at 1.45 units per acre. LAND USE TRANSITION Transitions are required where there are differences in land use, building mass,height, or densities. The code states that transitions may be accomplished by increased setbacks,berming, planting, larger lot sizes, lower densities, lower floor area ratios, and smaller buildings. The existing town homes to the west are four and six unit buildings with free standing garages served by a 32 foot wide public road. The proposed plan terminates the public road with a cul- de-sac, uses building pad sizes similar to the single family lots to the southeast, and is served by private drives. These features, together with the proposed landscaping,provide the transition between land uses. 2 Staff Report—Baneberry Hollow April 21,2006 SITE PLAN/PRELIMINARY PLAT The preliminary plat for the 10 twin home units meets the zoning code for lot size, dimension and setbacks in the RM-6.5 district. Until the existing single family home develops into two twin home units,the following temporary PUD waivers within the Rural district will be required for Lot 12: Code Proposed 10 acre minimum lot size 14,030 square feet 300 foot lot width/depth 77 feet/145 feet 50 foot side setback/150 both sides 12 feet/27 both sides 50 foot rear yard setback 27 feet The waivers may have merit since the lot has been designed to accommodate a future twin home, access is eliminated from Pioneer Trail, and the duration of the existing single family home will be limited. All necessary right-of-way for Pioneer Trail will be dedicated as part of the plat. Seven guest parking spaces have been provided. ACCESS Access is proposed from Lee Drive. The project eliminates the current driveway accesses to Pioneer Trail. The proposed cul-de-sac meets city standards. The private drive is extended to serve the neighboring property to the east, so when that site develops, its access to Pioneer Trail will also be eliminated. GRADING AND DRAINAGE There are 526 diameter inches of significant trees located on the site. Tree loss is 404 diameter inches, resulting in 413 caliper inches of tree replacement. The plan provides the required trees. A series of rainwater gardens will handle storm water for the development. UTILITIES Sanitary sewer and water are available to the site from Lee Drive and Pioneer Trail. The sanitary sewer lift station currently located at the end of Lee Drive will be eliminated as part of this project. 3 Staff Report—Baneberry Hollow April 21,2006 LANDSCAPING The RM-6.5 zoning district requires landscaping based on the size of all buildings. A total of 71 caliper inches of trees are required. The plan meets this requirement. TRAFFIC AND CONSTRUCTION PHASING Issues raised at the informational meeting for this project included traffic and construction phasing. It is anticipated that this project will add 70 daily trips and 5 morning, and 6 evening peak hour trips on Lee Drive. This road is designed to accommodate this modest increase. With the development,Lee Drive will still be a low traffic use roadway compared to a typical neighborhood street. The developer's narrative provides a construction phasing schedule for the development showing that the majority of phase one construction can be served from a temporary construction access off of Pioneer Trail. This would include demolition of one existing house, grading of the property, storm water ponds, and sewer and water installation. The developer is currently working with Hennepin County to coordinate this access. SUMMARY The change in land use is reasonable since it provides for an appropriate density to the abutting higher density development. The 4.4 unit per acre twin home development is a reasonable transition from the neighboring 6 unit per acre town houses to the west and single family development to the southeast. The existing accesses to Pioneer Trail will also be eliminated. STAFF RECOMMENDATION Recommend approval of the following request: • Comprehensive Guide Plan Change from Low Density Residential to Medium Density Residential on 2.06 acres • Planned Unit Development Concept Review on 2.51 acres • Planned Unit Development District Review with waivers on 2.51 acres • Zoning District Change from Rural to RM-6.5 on 2.06 acres • Preliminary Plat of 2.06 acres into 12 lots and road right-of-way. This is based on plans dated stamp dated April 19, 2006, and the following conditions: 1. Prior to release of the final plat,the proponent shall: 4 Staff —Report Baneber Hollow P rY April 21,2006 A. Submit detailed storm water runoff,utility,and erosion control plans for review and approval by the City Engineer and Watershed District. B. Submit homeowner association documents for the development that include,but are not be limited to; maintenance of private storm sewer systems, roads, parking, utilities,retaining walls,and cross access through the property for the site adjacent to the east(9950 Pioneer Trail),and for the existing single family lot to remain(10015 Pioneer Trail. C. Provide a cross access easement for the benefit of the neighboring properties as described above. D. Depict on the plat dedication of all necessary right-of-way for Pioneer Trail. 2. Prior to grading permit issuance,the proponent shall: A. Notify the City and Watershed District 48 hours in advance of grading. B. Obtain a temporary access permit from Hennepin County to accommodate all construction traffic to the site. 3. Prior to building permit issuance for the property,the proponent shall: A. Eliminate direct access to Pioneer Trail for the existing single family house to remain showing a relocated access using the private drives. B. Provide a tree replacement/landscaping surety equivalent to 150%of the cost to implement the tree replacement/landscaping plan. C. Pay the cash park fee. 4. The following waivers are granted for Lot 12 in the Rural Zoning District as part of the PUD. A. Lot size of 14, 030 sq. ft. Code requires 10 acres. B. Lot width/depth of 77 ft. and 145 ft., respectively. Code requires 300 ft. C. Side yard setback of 12 ft. one side/total of 27 ft.both sides. Code requires 50 ft. one side/total of 150 ft. both sides. D. Rear yard setback of 27 ft. Code requires 50 ft. 5 Staff Report—Baneberry Hollow April 21,2006 5. Developer acknowledges that the concept plan showing two twin home units on the site where the existing single family home is to remain temporarily will require submittal of a land development application, detailed plans, and receiving approval through a public hearing process. 6 UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,APRIL 24,2006 7:00 P.M.,CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: Jon Duckstad,John Kirk, Vicki Koenig, Jerry Pitzrick, Frank Powell,Peter Rocheford, Fred Seymour,Ray Stoelting,Jon Stoltz STAFF MEMBERS: Stu Fox,Manager of Parks and Natural Resources Al Gray, City Engineer Scott Kipp, Senior Planner Regina Herron,Planner Julie Krull,Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Chair Stoelting called the meeting to order at 7:00 p.m. Absent: Koenig,Pitzrick and Stoltz. II. SWEARING IN OF NEW COMMISSION MEMBERS • Frank Powell • Jon Duckstad Chair Stoelting thanked the past members for all their work and dedication to the Planning Commission. The past members included,Larry Kacher, Kathy Nelson,and William Sutherland. Scott Kipp recited the swearing in statement with commissioners Powell and Duckstad. III. APPROVAL OF AGENDA MOTION by Koenig, seconded by Kirk, to approve the agenda. Motion carried 6-0. IV. MINUTES PLANNING COMMISSION MEETING HELD ON MARCH 27,2006 MOTION by Seymour, seconded by Koenig,to approve the minutes. Motion carried 2- 0. Kirk and Stoelting abstained. Planning Commission Minutes April 24, 2006 Page 2 V. PUBLIC MEETING VI. INFORMATIONAL MEETING VH. PUBLIC HEARINGS A. BANEBERRY HOLLOW by Lake West Development. Request for: Guide Plan Change from Low Density Residential to Medium Density Residential on 2.06 acres;Planned Unit Development Concept Review on 2.51 acres;Planned Unit Development District Review with waivers on 2.51 acres;Zoning District Change from Rural to RM-6.5 on 2.06 acres;Preliminary Plat of 2.51 acres into 12 lots and right-of-way. Location of property is 10015 and 10065 Pioneer Trail. Thomas Fretham, of 4930 Baker Road, Minnetonka, and representing Lake West Development,presented the proposal. He pointed out that the City Staff has helped them reach the requirements that were set forth for this project. He stated that the requirements are thoroughly outlined in the City Staff report. Mr. Fretham said that tonight he would like to take the opportunity to explain their plan to the neighbors of this development and any concerned residents. He stated that they are proposing to combine two parcels of land. They are located at 10015 Pioneer Trail,which is an owner occupied home, and 10065 Pioneer Trail,which is a rental unit owned by Lake West Development. The proposal is for a density change from Low Density Residential to Medium Density Residential and a rezoning change to RM-6.5. Currently the site is guided Low Density Residential for up to 2.5 units per acres. The surrounding land uses are Medium Density and Low Density Residential to the north across Pioneer Trail, Low Density Residential to the east, a park to the south and Medium Density to the west. The site is zoned Rural. Land to the north is zoned RM-6.5 and R1-9.5, Rural to the east and south, and RM-6.5 to the west. Mr. Fretham stated that the density change would allow for 12 units of twin homes on 2.51 acres. At this time, they would only be constructing 10 units of the 12 unit project. He also stated that access to this project is proposed from Lee Drive and that this project would eliminate the current driveway access to Pioneer Trail. He also pointed out that the proposed cul-de-sac meets City standards. Mr. Fretham utilized the overheard projector to show access into this project. He also showed the sewer and drainage systems located on the project. He stated that there would be numerous rain gardens developed to handle all of the storm water. Mr.Fretham pointed out that they are in compliance with tree replacement per City requirements. He stated that there are numerous trees that are dying in this area and it would be a benefit to the neighborhood to have them replaced. He stated that the first phase of the project would be the removal of the home and construction of the roads and utilities. Stoelting asked Kipp to review the staff report. Kipp stated that on February 27, this project was first reviewed by the Planning Commission at the Informational Planning Commission Minutes April 24, 2006 Page 3 Meeting and at that time the Staff was comfortable with the proposal. The only concern at that time was that access to Pioneer Trail would be eliminated and issues of construction traffic using Pioneer Trail. Kipp pointed out that there would be some waivers with this project but that they would be temporary in nature. He also pointed out that the City felt that there would only be a modest increase in traffic flow. The Staff recommendation is for approval. Powell asked Kipp if there would be walkways adjoining the areas on both ends of Lee Drive. Kipp stated that there is nothing in place at this time. Fox stated that there is a protective wetland issue between the two Lee Drive neighborhoods. Stoelting opened the meeting up for public input. Debbie Smaby,representing Autumn Ridge Association on Arrow Wood and Lee Drive, stated that their main concern was the water draining into the park. She stated that after rainfall there is a substantial amount of water located on the were initially told that the proposed baseball field. Ms. Smabystated that the p p Y Y units would be in the price range of the low$200,000. She asked Mr.Fretham if that was correct. Mr.Fretham stated that the houses would be around the $400,000 range. Ms. Smaby asked how construction traffic will move for the construction of the 11t'and 12t'units. She also stated that the trips went from 150 a day to 70 and the density has not changed and asked what that meant. She also asked what will happen to the fencing on Lee Drive and Pioneer Trail. Merlyn Jacobson, of 10211 Lee Drive, representing the association on Lee Drive stated that they have the same concerns as Debbie Smaby. He also pointed out that they are very concerned with the trees on the northeast section of the property. He utilized the overhead projector to show location of the trees. Stoelting summarized the issues brought forth. They are as follows: 1. The concern of water flow and water backing up into the park area. 2. Traffic access when units 11 and 12 are being constructed. 3. Validate that there would be a sidewalk on Lee Drive. 4. Address the tree issue and the trees located on Pioneer Trail. 5. Why did the trips per day go down from 150 to 70. 6. What will happen to the fencing on the left side of the project. Mr. Fretham utilized the overhead projector to show were the tree removal would take place. He pointed out that the areas behind the homes would not be impacted, and especially the mature trees. He stated that in regards to the fence, they do not know who put it up or who it belongs to but that part of it will have to come down during construction. As far as the fence on Lee Drive,they can take it down or leave it up. Mr.Fretham pointed out that the sidewalk will be extended from Lee Drive to Pioneer Trail. He stated that as far as construction flow there seems to be some confusion. He stated that they will not be putting up all 10 units at once and that they would like to leave the driveways there for construction Planning Commission Minutes April 24,2006 Page 4 purposes. He stated that as far as the construction traffic, 96 trips would be accurate for 12 units, 70 trips would be accurate for 10 units, and 150 trips when the neighboring property to the east develops. Mr.Fretham said that are far as ponding in the park,they are directing it away from the park and creating rain gardens. So in actuality,the park would remain drier. Stoelting asked Gray to verify this. Gray stated that this project would be able to handle its own water drainage. Koenig asked Fox if this project had a 78 percent tree loss. Fox stated that was correct. He pointed out that the tree loss is always high on projects that are building roads and houses, but that the builders will mitigate trees in the area. Fox stated that the project proponent is complying with the City in regards to tree mitigation and replacement. Stoelting asked Kipp if there are temporary waivers involved for lot 12. Kipp stated that was correct since it will remain in the rural zoning district at this time and that the project proponent would have to submit a detailed plan for lot 12 in the future. Kipp also stated that in regards to any access concerns on Pioneer Trail,the contractor will have to go through the City and County. MOTION by Kirk, seconded by Koenig,to close the public hearing. Motion carried 6-0. MOTION by Kirk, seconded by Duckstad,to approve the Guide Plan Change from Low Density Residential to Medium Density Residential on 2.06 acres; Planned Unit Development Concept Review on 2.51 acres;Planned Unit Development District Review with waivers on 2.51 acres;Zoning District Change from Rural to RM-6.5 on 2.06 acres, Preliminary Plat of 2.51 acres into twelve lots and road right-of-way based on plans stamped dated April 19, 2006, and the staff report dated April 21, 2006. Developer will work the City and County in regards to access on Pioneer Trail. Motion carried 6-0. B. GANDER MOUNTAIN by Oppidan Investment Company. Request for: Guide Plan Change from Industrial to Regional Commercial on 4.69 acres; Planned Unit Development Concept Review on 4.69 acres;Planned Unit Development District Review on 4.69 acres;Zoning District Change from I-2 to Regional Commercial Service on 4.69 acres; Site Plan review on 4.69 acres; Preliminary Plat of 4.69 acres into one lot. Location of property is 12150 Technology Drive. Dennis Crow,representing Oppidan Investment Company,presented the proposal. Mr. Crow pointed out that this project would be located next to the Xcel Energy substation. He also stated that Gander Mountain is a sporting business that has its roots in Minnesota and now there are over 98 stores throughout the United States and that Oppidan Investment Company has been Planning Commission Minutes April 24, 2006 Page 5 partnering with Gander Mountain in the development of these sporting goods stores. Mr. Crow said that this unit will be unique because it will have underground parking. He also pointed out that this site has some challenging characteristics; its triangular shape and the easements from the Xcel Energy substation. He said that because of these issues, it dictated the location and footprint of the building. He said that the architectural design of the building is that of a north woods structure. Mr. Crow addressed some of the issues that Staff addressed in the staff report in regards to recommendations. In regards to the wetland issue, he saw this area as not having an issue and felt that in the future this area would eventually dry up. He also said that they have submitted an application to wetland delineation. Mr.Crow said that they are not opposed to adding a sidewalk to Technology Drive. He said that they will also be eliminating the retaining walls and in regards to the landscaping plan,they will be working with Staff to revise this. Mr. Crow pointed out that they will be asking for a parking waiver. He stated that in all of the Gander stores,the have parking P g Y spaces at a ratio of 4 spaces per 1000 gross square feet of building or 5 spaces per 1000 gross square feet of building and have met the surge for traffic. Stoelting asked Herron to review the staff report. Herron stated that Staff recommends approval based on recommendations on page 5 and 6 of the staff report. Stoelting opened the meeting up for public input. Chan Ellie, representing American Baptist Homes,at 11985 Technology Drive, asked what the plans are for improvements on the north side of Technology Drive. She stated that she is concerned about erosion problems in this area; especially in their parking lot. Stoelting asked Gray to address this issue. Gray stated that Gander Mountain will be responsible for their area on Technology Drive and pointed out that this development many not improve the Baptist Homes parking lot,but it would certainly not harm the current drainage situation. Koenig asked Staff to address the issue of parking and would there be an issue with it during peak days. Mr. Crow stated that all of the other Gander Mountains have not had any problems with parking and he does not see any parking issues with this Gander Mountain. Herron stated that she does agree with Mr. Crow and does not feel that parking would be an issue. Stoelting asked Mr. Crow to discuss traffic flow in and out of Gander Mountain. Mr. Crow stated that there are two entry points into the parking lot of Gander Mountain and that the main entrance is off of Technology Drive. He stated that '/4 of all of the parking will be located in the underground garage. Mr. Crow said that the underground parking area is a very secure area. Kirk stated that this style of parking is very effective and sited Best Buy in Eden Prairie as a good example of underground parking. Kirk did ask a question Planning Commission Minutes April 24, 2006 Page 6 regarding shoreline waivers on a recreational lake and asked if these were common waivers. Herron stated that it is common and sited Costco as a good example of this. Seymour asked if this site was originally planned to be an office complex because it is on the north end of Town Center and earlier in the year the plan had that area as being office. Herron stated that the plan that was presented earlier in the year for the Major Center Area Study is a guide and that could be subject to change. She also stated that this location is not included in the"Town Center"but rather north of it. Seymour stated that he has a concern for this area and is not sure if this is the right development to go into the area next to Town Center. Stoelting asked Staff if this development is what was envisioned for the Town Center area. Kipp stated that Commission should look at the bigger picture. He reiterated that the study is a guide for development of the entire MCA and is subject to change. Kirk stated that he understood Seymour's concerns but also feels that this project needs to be looked at holistically and that since this project is right on the edge of Town Center it is a pretty good use of the property. Duckstad commented that it would be a positive addition to the area but asked if this land use was permissible in an I-2 District and also questioned why zoning would be changed. Herron stated that this project is a 100 percent commercial which is not permitted in an industrial zone;therefore it needs to be changed. Koenig asked if the elevator was ADA accessible. Mr. Crow responded that is was ADA accessible. Koenig asked if more parking spaces could be added to the underground parking. Mr. Crow stated that there would be no possible way that more spaces could be added to the underground parking. Koenig asked Mr. Crow if the company still plans on purchasing Wetland in Sibly County. Mr. Crow stated that they have a purchase agreement in effect to meet the 2-1 mitigation based on original wetland delineation defined back in November. Koenig asked if they could come back to the Planning Commission after they purchase the Wetland. Mr. Crow stated that would not be feasible because they want to open the store before Thanksgiving. Koenig asked Fox about the decorative fencing as part of the mitigation. Fox stated that numerous factors have to be taken into account such as trees and wildlife and this decorative landscaping would provide some screening on Technology Drive. MOTION by Duckstad, seconded by Koenig,to close the public hearing. Motion carried 6-0. MOTION by Duckstad, seconded by Kirk,to approve the Guide Plan Change from Industrial to Regional Commercial on 4.69 acres, Planned Unit Planning Commission Minutes April 24, 2006 Page 7 Development Concept Review on 4.69 acres;Planned Unit Development District Review on 4.69 acres Zoning District Change from 1-2 to Regional Commercial Service on 4.69 acres; Site Plan Review on 4.69 acres; Preliminary Plat of 4.69 acres into one lot based on plans stamped dated April 17, 2006, and the staff report dated April 21, 2006. Motion carried 5-1. VIII. MEMBERS' REPORTS Koenig stated that she attended the 2nd Wetland Rally this past Saturday and the different groups attending discussed obtaining funding for water quality and she would like to see something on the referendum in November in regards to this matter. IX. CONTINUING BUSINESS X. NEW BUSINESS XI. PLANNERS' REPORTS Kipp stated that there will be two items on the agenda for the May 8, meeting. There is a variance for a setback on an addition to a home and a development proposal for the Eden Bluffs Business Park within the Hennepin Village development. Kipp also advised the commission regarding a joint City Council/Planning Commission workshop scheduled for May 19d'during the day to tour some of the Town Square development in the metro area. XII. ADJOURNMENT MOTION by Koenig, seconded by Kirk,to adjourn the meeting. Motion carried 6-0. There being no further business,the meeting adjourned at 9:10 p.m. CITY COUNCIL AGENDA DATE: May 16, 2006 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII. B. Community Gander Mountain Development/Planning Janet Jeremiah Scott Kipp/Regina Herron Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Guide Plan Change from Industrial to Regional Commercial on 4.69 acres; and • Adopt the Resolution for Planned Unit Development Concept Review on 4.69 acres; and • Approve 1 st Reading of the Ordinance for Planned Unit Development District Review, and Zoning District Change from I-2 to Regional Commercial Service on 4.69 acres; and • Adopt the Resolution for Preliminary Plat on 4.69 acres into one lot and right-of-way; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Synopsis The overall plan shows 65,698 square foot Gander Mountain retail store. Background Information The triangular site is bordered by Highway 5 to the north and Technology Drive to the south. Lake Idlewild is also located to the south and the site is within a shoreland area. The property is impacted by several overhead Xcel Energy easement restrictions. This site is in Sub Area#2 of the Major Center Area(MCA.) Sub Area#2(outside of the town center) is planned for office,big box retail, medical, community retail, and mid-rise high density residential uses,with office on this site. The traffic model for this site was based on office use. Retail can be an acceptable use for this site in Sub Area#2.Although the traffic numbers are higher for commercial,the upgrade of Technology Drive,to be constructed by the developer, can mitigate the increased traffic. Planning Commission Recommendation The Planning Commission voted 5-1 to recommend approval of the project to the City Council at its April 24, 2006 meeting, subject to the following conditions: A. Complete the wetland delineation and evaluation revision and get approval for the wetland delineation and avoidance and minimization analysis. This will occur on May 12,2006 and the results will be presented at the meeting. B. Provide a sidewalk from the building and parking lot to Technology Drive that aligns with the existing driveway to Emerson Management(the north side of Technology Drive)to provide access to the trail along Technology Drive that will be constructed this year. Shown on the revised plans C. Revise the plans to eliminate the retaining wall above the sanitary sewer or realign the sanitary sewer. Shown on the revised plans. D. Revise landscaping plans to provide additional plant material and a decorative screening fence. Shown on the revised plans. Attachments 1. Ordinance—PUD review 2. Resolution—Guide Plan Change 3. Resolution—PUD Concept Review 4. Resolution—Preliminary Plat 5. Staff Report 6. Location Map 7. Land Use&Zoning Maps 8. Planning Commission Minutes GANDER MOUNTAIN CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. -2006-PUD- -2006 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS,CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA,ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter,the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the I-2 Zoning District and be placed in the Planned Unit Development Regional Commercial Service Zoning District_-2006-PUD-_-2006 (hereinafter"PUD-_-2006- "). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of ,2006, entered into between Oppidan Investment Company, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-_-2006- , and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-_2006- is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-_-2006- is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-_-2006- are justified by the design of the development described therein. D. PUD-_-2006- is of sufficient size, composition, and arrangement that its construction,marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the I-2 Zoning District, and placed in the Regional Commercial Service Zoning District and shall be included hereafter in the Planned Unit Development PUD-_-2006- and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation"and Section 11.99 entitled "Violation a Misdemeanor"are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 16th day of May, 2006, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the day of , 2006. ATTEST: Kathleen A. Porta,City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie Sun Current on May 4, 2006 EXHIBIT A DEVELOPMENT AGREEMENT - GANDER MOUNTAIN CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2006- A RESOLUTION AMENDING THE COMPREHENSIVE MUNICIPAL PLAN WHEREAS,the City of Eden Prairie has prepared and adopted the Comprehensive Municipal Plan("Plan"); and WHEREAS,the Plan has been submitted to the Metropolitan Council for review and comment; and WHEREAS,the proposal of Gander Mountain,by Oppidan Development is for a 65,698 square foot retail store; NOW, THEREFORE,BE IT RESOLVED that the City Council of the City of Eden Prairie,Minnesota, hereby adopts the amendment of the Plan subject to Metropolitan Council approval as follows: 4.69 acres from Industrial to Regional Commercial ADOPTED by the City Council of the City of Eden Prairie this 16t' day of May, 2006. Ron Case,Acting Mayor ATTEST: Kathleen A. Porta,City Clerk GANDER MOUNTAIN CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2006- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF GANDER MOUNTAIN FOR OPPIDAN INVESTMENT COMPANY for the WHEREAS,the Cityof Eden Prairie has b virtue of City Code provided Y Planned Unit Development(PUD)Concept of certain areas located within the City; and WHEREAS, the Planning Commission did conduct a public hearing on April 24, 2006, on Gander Mountain by Oppidan Investment Company and considered their request for approval of the PUD Concept plan and recommended approval of the request to the City Council; and WHEREAS,the City Council did consider the request on May 16,2006. NOW,THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Gander Mountain,being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans stamp dated May 8, 2006. 3. That the PUD Concept meets the recommendations of the Planning Commission April 24, 2006. ADOPTED by the City Council of the City of Eden Prairie this 16t' day of May, 2006. Ron Case,Acting Mayor ATTEST: Kathleen A. Porta, City Clerk EXHIBIT A PUD Concept-Gander Mountain Legal Description: PARCEL A That part of the SE 1/4 of the SW 1/4 of Section 11, Township 116, Range 22, Hennepin County Minnesota described as follows: Commencing at a point on the South line of said 1/4 - 1/4 distant 292.45 feet East of the Southwest corner thereof;thence North along a line drawn parallel with the West line of said - '/4 distant 27.66 feet to a point in the Northerly right of way line of Old State Highway No. 5, said point being the actual point of beginning;thence Easterly along said right of way line 150.0 feet; thence North parallel with said West line 361.0 feet more or less to the Southerly right of way line of New State Highway No. 5;thence Westerly along said right of way line 151.2 feet more or less to its intersection with a line drawn North parallel with said West line from the point of beginning; thence South along said parallel line 380.11 feet more or less to the point of beginning. PARCEL B That part of the Southeast'/4 of the Southwest'/4 of Section 11,Township 116 North,Range 22 West of the 5t'Principal Meridian,Hennepin County,Minnesota,described as follows:Commencing at a point on the South line of said Southeast 1/4 of the Southwest 'A distant 292.45 feet East of the Southwest corner thereof; thence North along a line drawn parallel with the West line of said Southeast 1/4 of the Southwest 1/4 distant 27.66 feet more or less to a point in the Northerly right of way line of Old State Highway No.5,said point being the actual point of beginning;thence Easterly along said Northerly right of way line 937.5 feet to a monument; thence North 33.3 feet to a monument in the Southerly right of way line of New State Highway No. 5;thence Westerly along said Southerly right of way line 1005.6 feet more or less to its intersection with said parallel line; thence South along said parallel line 380.11 feet more or less to the actual point of beginning. EXCEPT That part of the SE '/4 of the SW 1/4 of Section 11, Township 116, Range 22, Hennepin County Minnesota described as follows: Commencing at a point on the South line of said 1/4 - 1/4 distant 292.45 feet East of the Southwest corner thereof;thence North along a line drawn parallel with the West line of said '/4- 1/4 distant 27.66 feet to a point in the Northerly right of way line of Old State Highway No. 5, said point being the actual point of beginning;thence Easterly along said right of way line 150.0 feet; thence North parallel with said West line 361.0 feet more or less to the Southerly right of way line of New State Highway No. 5;thence Westerly along said right of way line 151.2 feet more or less to its intersection with a line drawn North parallel with said West line from the point of beginning; thence South along said parallel line 380.11 feet more or less to the point of beginning. Subject to easements and restriction, if any,that appear of record. GANDER MOUNTAIN CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2006- RESOLUTION APPROVING THE PRELIMINARY PLAT OF GANDER MOUNTAIN FOR OPPIDAN INVESTMENT COMPANY BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Gander Mountain for Oppidan Investment Company, stamp dated May 8, 2006, and consisting of 4.69 acres into one lot and right-of-way, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 16ffi day of May, 2006. Ron Case,Acting Mayor ATTEST: Kathleen Porta, City Clerk STAFF REPORT TO: Planning Commission FROM: Regina Herron, Planner I DATE: April 21, 2006 PROJECT: Gander Mountain LOCATION: 12150 Technology Drive APPLICANT/ Oppidan Investment Company/ OWNERS: Valmont Coatings, Inc. REQUEST: 1. Guide Plan Change from Industrial to Regional Commercial on 4.69 acres 2. Planned Unit Development Concept Review on 4.69 acres 3. Planned Unit Development District Review on 4.69 acres 4. Zoning District Change from I-2 to Commercial Regional Service on 4.69 acres 5. Site Plan Review on 4.69 acres 6. Preliminary Plat of 4.69 acres into one lot and right-of-way Staff Report—Gander Mountain April 21,2006 Page 2 BACKGROUND The Comprehensive Guide Plan shows the 4.69 acre property for Industrial land use. Surrounding land uses consist of Industrial and Regional Commercial. The property is zoned I-2 (Industrial 2 acre minimum.) The triangular site is bordered by Highway 5 to the north and Technology Drive to the south. Lake Idlewild is also located to the south and the site is within a shoreland area. The property is impacted by several overhead Xcel Energy easement restrictions. COMPREHENSIVE GUIDE PLAN CHANGE The project will require a guide plan change from Industrial to Regional Commercial. This land use may be appropriate for the following reasons: 1. The property is adjacent to Commercial Regional Service land uses to the south. 2. The site is adjacent to Highway 5 and a highly visible site. 3. The site is within the Major Center Area which anticipates commercial and office land uses. 4. The project eliminates a heavy industrial use site. SITE PLAN AND PRELIMINARY PLAT The overall plan shows 65,698 square foot Gander Mountain retail store. The building has a base area ratio of.195 and a floor area ratio of 0.32. City code permits up to a 0.20 base area ratio and a 0.40 floor area ratio in the Commercial Regional Service zoning district. PUD WAIVERS The following waivers are requested through the Planned Unit Development: I. Front yard setback to parking of 17.5 feet along Highway 5. City code requires 35 feet. Front yard setback to parking of 10 feet along Technology Drive. City code requires 17.5 feet. There is a large right of way along Technology Drive and Highway 5. Cars in the parking lot will be setback at a greater than normal distance from the pavement. Screening of parking is a code requirement. Even with planting more trees to fulfill the landscaping and tree replacement obligations,the cars will still be visible. Since the useable area for screening is narrow, because of the waiver,the screening solution will have to be architectural.A decorative metal and stone column fence along both fronts in combination with trees would be the correct solution. Staff Report—Gander Mountain April 21,2006 Page 3 2. Parking ratio of 4.5 stalls per 1000 gross square feet of building area. Code requires 6 per 1000 square feet. National parking statistics show that 4 to 4.5 per 1000 sq. ft. are appropriate for specialty big box uses. Corporate Gander requires a minimum of 4 spaces per 1,000. Other communities have not observed parking problems.A staff visit to the Woodbury store during the peak times on Saturday showed a maximum of 75 cars.All of this data would suggest that parking would be adequate. Christmas,the fishing opener and hunting opener may experience some inadequacies in parking. 3. Shoreland waivers for Lake Idlewild,a Recreation Development Water: a. Impervious surface of 69.41%. Code maximum is 30%. b. Lot size of 4.69 acres. Code requires 10 acres. These waivers are reasonable since the property is within the MCA which anticipates commercial uses; provides stormwater handling, and is consistent with the city's flexibility through the DNR for higher impervious surfaces within the MCA. The existing site already exceeds this requirement with no storm water treatment pond. The proposed pond is large enough to treat runoff from impervious surface and is the correct mitigation for the waiver. LANDSCAPING/TREE REPLACEMENT Based on the size of the buildings,a total of 200 caliper inches of landscaping is required. The tree inventory shows 564 diameter inches of significant trees on the property. Tree loss is 100 percent. Tree loss in the right of way is 9 caliper inches. Tree replacement due to tree loss onsite and in the right of way is 759 caliper inches of trees. Combining the landscaping and tree replacement requirements, a total of 959 caliper inches of plant material are required for the site. The plan provides 386 caliper inches of trees. An additional 573 caliper inches of trees are required. Due to the power line easements large trees cannot be planted making it difficult to increase tree sizes to make up the deficit. There is room on site outside the easement for an additional 200 inches of trees. There is a greater than normal amount of shrubs and a 200 inch credit could be given.The remaining equivalent inches could be used to build a decorative metal fence with masonry columns to improve the screening of cars as required by City Code. SIGNS The Gander Mountain freestanding and wall signs meet code requirements. SITE LIGHTING Parking lot lighting is downcast-cutoff fixtures on 20-foot poles. Staff Report—Gander Mountain April 21,2006 Page 4 WETLAND The initial information provided on the existing wetland showed a size of 16,988 square feet.A Wetland Permit Application was submitted to the Watershed District to fill the entire wetland and replace it in Sibley County. Since that time, cooling water discharge to the wetland has been stopped. Recent data shows a wetland size of 3,843 square feet and less mitigation may be required. It is possible that given the reduced wetland size that the watershed district would require the wetland to be saved. If so,the proposed pond would have to be adjusted according.The developer will have to provide additional information to the watershed district which reanalyzes the wetland to determine the impact of cessation of the cooling water discharge on the wetland size and reduced size and configuration and provide a Wetland Delineation Report, revised Wetland Permit Application and an avoidance and minimization plan. This should be completed prior to review by the City Council. MAJOR CENTER AREA(MCA) This site is in Sub Area#2 of the Major Center Area(MCA.) Sub Area#2(outside of the town center) is planned for office, big box retail, medical, community retail, and mid-rise high density residential uses,with office on this site. The traffic model for this site was based on office use. Retail can be an acceptable use for this site in Sub Area#2.Although the traffic numbers are higher for commercial,the upgrade of Technology Drive,to be constructed by the developer, can mitigate the increased traffic. SIDEWALKS A sidewalk from the building and parking lot should be provided to Technology Drive that aligns with the existing driveway to Emerson Management(the north side of Technology Drive)to provide access to the trail along Technology Drive that will be constructed this year. SUMMARY Comprehensive guide plan change,rezoning, and planned unit development waivers should be granted only when the proposed plan is consistent with objectives of the City.These objectives would be the appropriateness of the use, high quality buildings and architectural detail, appropriate mitigation for project impacts, and road improvements based on a traffic study. The Planning Commission should discuss the following questions. 1. Should the land remain zoned 1-2 or changed to Commercial Regional Service? 2. Is retail on this site appropriate in Sub Area#2? 3. Are there good reasons to support the waivers from the City Code? Staff Report—Gander Mountain April 21,2006 Page 5 STAFF RECOMMENDATIONS Recommend approval of the following request: • Guide Plan Change from Industrial to Regional Commercial on 4.69 acres • Planned Unit Development Concept Review on 4.69 acres • Planned Unit Development District Review on 4.69 acres • Zoning District Change from I-2 to Commercial Regional Service on 4.69 acres • Site Plan Review on 4.69 acres • Preliminary Plat of 4.69 acres into one lot and right-of-way This is based on plans dated April 17,2006, and the following conditions: 1. Prior to City Council Review,the proponent shall: A. Complete the wetland delineation and evaluation revision and get appr oval for the wetland delineation and avoidance and minimization analysis. B. Provide a sidewalk from the building and parking lot to Technology Drive that aligns with the existing driveway to Emerson Management(the north side of Technology Drive)to provide access to the trail along Technology Drive that will be constructed this year. C. Revise the plans to eliminate the retaining wall above the sanitary sewer or realign the sanitary sewer. D. Revise landscaping plans to provide additional plant material and a decorative screening fence. 2. Prior to release of the final plat,the proponent shall submit detailed storm water runoff, utility, and erosion control plans for review and approval by the City Engineer and Watershed District. 3. Prior to grading permit issuance,the proponent shall: A. Notify the City and Watershed District 48 hours in advance of grading. B. Install erosion control at the grading limits. 4. Prior to building permit issuance for the property,the proponent shall: A. Provide a landscaping/tree replacement surety equivalent to 150%of the cost of the landscaping/tree replacement plan for 959 caliper inches. B. Pay the Cash Park Fee. Staff Report—Gander Mountain April 21,2006 Page 6 C. Review the plans with the Fire Marshal 5. The following waivers are granted through the PUD for the project: A. Front yard setback to parking of 17.5 feet along Highway 5. City code requires 35 feet. B. Front yard setback to parking of 10 feet along Technology Drive. City code requires 17.5 feet. C. Parking ratio of 4.5 stalls per 1000 gross square feet of building area. Code requires 6 per 1000 square feet. D. Shoreland waivers for Lake Idlewild, a Recreation Development Water: a. Impervious surface of 69.41%. Code maximum is 30%. b. Lot size of 4.69 acres. Code requires 10 acres. Area Location Map - Gander Mountain Address: 12150 Technology Drive HWY 494 HWY 5 ITE Technology Dr "— 212/Flying Cloud Dr Prairie Center Dr No stele 5_. T Guide Plan Map Gander Mountain 12150 Technology Drive E HWY 5 HWY 494 Technology Drive 212/Flying Cloud Drive Prairie Center Drive City '6f Eden i F. Plan Map 20 1 202 # Low Density Residential 0-2.5 Units/Acre Neighborhood commercial a�—Principal Arterial Low Density/PubliclOpen Space Community Commercial ®A Minor Arterial f Medium Density residential 2.5-10 Units?Acre Regional Commercial —B Minor Arterial ' Medium Density ResidentiaVOffice Parwopen Space —Major Collector High Density Residential 10.40 Units/Acre Public/Quasi-Public —Minor Collector Office Church/Cemetery Office/industrial Open Water DATE Appro ed 03-19 01 Office/Public/Open Space Right-Of-Way DATen.rsedO"7-05 Industrial —Metropolitan Urban Service Line(MUSA) Creeks Zoning Map Gander Mountain 12150 Technology Drive HWY 494 HVVY 5 SITE �---- L_ s- ---•- v _ C:=] Technology Drive ; 212/Flying Cloud Drive ;' Prairie Cenker Drive M tty of Eden Prai�ri on in Rural One Family -10 acre min. Highway Commercial Shoreland Management Classifications a R144 One Family-44,000 sf.min. Regional Service Commercial GO Natural Environment Waters RI-22 One Family-22,000 sf min. -Regional Commercial ® Recreational Development Waters ® General Development Waters(Creeks Only) C Rt-13.5 One Famity•13.500 si min. �Industrial Park-2 Acre Min, ® 100- Year Floodplain (�R7-9.5 One Family-9,500 sf ruin. Industrial Park- 5 Acre Min. Highway#312"lost of County Road#4 is proposed,not constructed at this time. RF4-6.5 Mulli-Fatuity-6.7 U-P-A.max. General Industrial-5 Acre Min. Up dated through Ordnance N09.2005 RM-2.5 Mu11i-Family 17.4 U,PA.max. Public Ordinance#33-2001(BFI Addition)approved,but not shoNn on tires map edition Office Water Date.June 24,2005 Neighborhood Commercial Right-ot-Way :a.,>aa+""r�'•�"�'•:n.�,r,..+o;«.au,.,-.ate-,.a.a�:tiz, �i'Rex m W ai[Yen Rt'av Lei Gxa vF.C<..i r Community Commercial F-7-Chanhassen City limits N UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,APRIL 24,2006 7:00 P.M.,CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: Jon Duckstad, John Kirk, Vicki Koenig, Jerry Pitzrick,Frank Powell,Peter Rocheford, Fred Seymour,Ray Stoelting,Jon Stoltz STAFF MEMBERS: Stu Fox, Manager of Parks and Natural Resources Al Gray, City Engineer Scott Kipp, Senior Planner Regina Herron,Planner Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Chair Stoelting called the meeting to order at 7:00 p.m. Absent: Koenig,Pitzrick and Stoltz. II. SWEARING IN OF NEW COMMISSION MEMBERS • Frank Powell • Jon Duckstad Chair Stoelting thanked the past members for all their work and dedication to the Planning Commission. The past members included, Larry Kacher, Kathy Nelson, and William Sutherland. Scott Kipp recited the swearing in statement with commissioners Powell and Duckstad. III. APPROVAL OF AGENDA MOTION by Koenig, seconded by Kirk, to approve the agenda. Motion carried 6-0. IV. MINUTES PLANNING COMMISSION MEETING HELD ON MARCH 27,2006 MOTION by Seymour, seconded by Koenig,to approve the minutes. Motion carried 2- 0. Kirk and Stoelting abstained. Planning Commission Minutes April 24, 2006 Page 2 V. PUBLIC MEETING VI. INFORMATIONAL MEETING VII. PUBLIC HEARINGS A. BANEBERRY HOLLOW by Lake West Development. Request for: Guide Plan Change from Low Density Residential to Medium Density Residential on 2.06 acres; Planned Unit Development Concept Review on 2.51 acres;Planned Unit Development District Review with waivers on 2.51 acres;Zoning District Change from Rural to RM-6.5 on 2.06 acres;Preliminary Plat of 2.51 acres into 12 lots and right-of-way. Location of property is 10015 and 10065 Pioneer Trail. Thomas Fretham, of 4930 Baker Road,Minnetonka, and representing Lake West Development,presented the proposal. He pointed out that the City Staff has helped them reach the requirements that were set forth for this project. He stated that the requirements are thoroughly outlined in the City Staff report. Mr. Fretham said that tonight he would like to take the opportunity to explain their plan to the neighbors of this development and any concerned residents. He stated that they are proposing to combine two parcels of land. They are located at 10015 Pioneer Trail,which is an owner occupied home, and 10065 Pioneer Trail,which is a rental unit owned by Lake West Development. The proposal is for a density change from Low Density Residential to Medium Density Residential and a rezoning change to RM-6.5. Currently the site is guided Low Density Residential for up to 2.5 units per acres. The surrounding land uses are Medium Density and Low Density Residential to the north across Pioneer Trail,Low Density Residential to the east, a park to the south and Medium Density to the west. The site is zoned Rural. Land to the north is zoned RM-6.5 and R1-9.5,Rural to the east and south, and RM-6.5 to the west. Mr.Fretham stated that the density change would allow for 12 units of twin homes on 2.51 acres. At this time,they would only be constructing 10 units of the 12 unit project. He also stated that access to this project is proposed from Lee Drive and that this project would eliminate the current driveway access to Pioneer Trail. He also pointed out that the proposed cul-de-sac meets City standards. Mr. Fretham utilized the overheard projector to show access into this project. He also showed the sewer and drainage systems located on the project. He stated that there would be numerous rain gardens developed to handle all of the storm water. Mr. Fretham pointed out that they are in compliance with tree replacement per City requirements. He stated that there are numerous trees that are dying in this area and it would be a benefit to the neighborhood to have them replaced. He stated that the first phase of the project would be the removal of the home and construction of the roads and utilities. Stoelting asked Kipp to review the staff report. Kipp stated that on February 27, this project was first reviewed by the Planning Commission at the Informational Planning Commission Minutes April 24, 2006 Page 3 Meeting and at that time the Staff was comfortable with the proposal. The only concern at that time was that access to Pioneer Trail would be eliminated and issues of construction traffic using Pioneer Trail. Kipp pointed out that there would be some waivers with this project but that they would be temporary in nature. He also pointed out that the City felt that there would only be a modest increase in traffic flow. The Staff recommendation is for approval. Powell asked Kipp if there would be walkways adjoining the areas on both ends of Lee Drive. Kipp stated that there is nothing in place at this time. Fox stated that there is a protective wetland issue between the two Lee Drive neighborhoods. Stoelting opened the meeting up for public input. Debbie Smaby,representing Autumn Ridge Association on Arrow Wood and Lee Drive, stated that their main concern was the,water draining into the park. She stated that after rainfall there is a substantial amount of water located on the baseball field. Ms. Smaby stated that they were initially told that the proposed units would be in the price range of the low$200,000. She asked Mr. Fretham if that was correct. Mr. Fretham stated that the houses would be around the $400,000 range. Ms. Smaby asked how construction traffic will move for the construction of the 1 lth and 12th units. She also stated that the trips went from 150 a day to 70 and the density has not changed and asked what that meant. She also asked what will happen to the fencing on Lee Drive and Pioneer Trail. Merlyn Jacobson, of 10211 Lee Drive,representing the association on Lee Drive stated that they have the same concerns as Debbie Smaby. He also pointed out that they are very concerned with the trees on the northeast section of the property. He utilized the overhead projector to show location of the trees. Stoelting summarized the issues brought forth. They are as follows: l. The concern of water flow and water backing up into the park area. 2. Traffic access when units 11 and 12 are being constructed. 3. Validate that there would be a sidewalk on Lee Drive. 4. Address the tree issue and the trees located on Pioneer Trail. 5. Why did the trips per day go down from 150 to 70. 6. What will happen to the fencing on the left side of the project. Mr.Fretham utilized the overhead projector to show were the tree removal would take place. He pointed out that the areas behind the homes would not be impacted, and especially the mature trees. He stated that in regards to the fence, they do not know who put it up or who it belongs to but that part of it will have to come down during construction. As far as the fence on Lee Drive,they can take it down or leave it up. Mr. Fretham pointed out that the sidewalk will be extended from Lee Drive to Pioneer Trail. He stated that as far as construction flow there seems to be some confusion. He stated that they will not be putting up all 10 units at once and that they would like to leave the driveways there for construction Planning Commission Minutes April 24, 2006 Page 4 purposes. He stated that as far as the construction traffic, 96 trips would be accurate for 12 units, 70 trips would be accurate for 10 units, and 150 trips when the neighboring property to the east develops. Mr. Fretham said that are far as ponding in the park,they are directing it away from the park and creating rain gardens. So in actuality,the park would remain drier. Stoelting asked Gray to verify this. Gray stated that this project would be able to handle its own water drainage. Koenig asked Fox if this project had a 78 percent tree loss. Fox stated that was correct. He pointed out that the tree loss is always high on projects that are building roads and houses, but that the builders will mitigate trees in the area. Fox stated that the project proponent is complying with the City in regards to tree mitigation and replacement. Stoelting asked Kipp if there are temporary waivers involved for lot 12. Kipp stated that was correct since it will remain in the rural zoning district at this time and that the project proponent would have to submit a detailed plan for lot 12 in the future. Kipp also stated that in regards to any access concerns on Pioneer Trail,the contractor will have to go through the City and County. MOTION by Kirk, seconded by Koenig, to close the public hearing. Motion carried 6-0. MOTION by Kirk, seconded by Duckstad,to approve the Guide Plan Change from Low Density Residential to Medium Density Residential on 2.06 acres; Planned Unit Development Concept Review on 2.51 acres;Planned Unit Development District Review with waivers on 2.51 acres;Zoning District Change from Rural to RM-6.5 on 2.06 acres,Preliminary Plat of 2.51 acres into twelve lots and road right-of-way based on plans stamped dated April 19, 2006, and the staff report dated April 21, 2006. Developer will work the City and County in regards to access on Pioneer Trail. Motion carried 6-0. B. GANDER MOUNTAIN by Oppidan Investment Company. Request for: Guide Plan Change from Industrial to Regional Commercial on 4.69 acres; Planned Unit Development Concept Review on 4.69 acres;Planned Unit Development District Review on 4.69 acres;Zoning District Change from I-2 to Regional Commercial Service on 4.69 acres; Site Plan review on 4.69 acres; Preliminary Plat of 4.69 acres into one lot. Location of property is 12150 Technology Drive. Dennis Crow, representing Oppidan Investment Company,presented the proposal. Mr. Crow pointed out that this project would be located next to the Xcel Energy substation. He also stated that Gander Mountain is a sporting business that has its roots in Minnesota and now there are over 98 stores throughout the United States and that Oppidan Investment Company has been Planning Commission Minutes April 24, 2006 Page 5 partnering with Gander Mountain in the development of these sporting goods stores. Mr. Crow said that this unit will be unique because it will have underground parking. He also pointed out that this site has some challenging characteristics; its triangular shape and the easements from the Xcel Energy substation. He said that because of these issues, it dictated the location and footprint of the building. He said that the architectural design of the building is that of a north woods structure. Mr. Crow addressed some of the issues that Staff addressed in the staff report in regards to recommendations. In regards to the wetland issue, he saw this area as not having an issue and felt that in the future this area would eventually dry up. He also said that they have submitted an application to wetland delineation. Mr. Crow said that they are not opposed to adding a sidewalk to Technology Drive. He said that they will also be eliminating the retaining walls and in regards to the landscaping plan,they will be working with Staff to revise this. Mr. Crow pointed out that they will be asking for a parking waiver. He stated that in all of the Gander stores,they have parking spaces at a ratio of 4 spaces per 1000 gross square feet of building or 5 spaces per 1000 gross square feet of building and have met the surge for traffic. Stoelting asked Herron to review the staff report. Herron stated that Staff recommends approval based on recommendations on page 5 and 6 of the staff report. Stoelting opened the meeting up for public input. Chan Ellie,representing American Baptist Homes, at 11985 Technology Drive, asked what the plans are for improvements on the north side of Technology Drive. She stated that she is concerned about erosion problems in this area; especially in their parking lot. Stoelting asked Gray to address this issue. Gray stated that Gander Mountain will be responsible for their area on Technology Drive and pointed out that this development many not improve the Baptist Homes parking lot, but it would certainly not harm the current drainage situation. Koenig asked Staff to address the issue of parking and would there be an issue with it during peak days. Mr. Crow stated that all of the other Gander Mountains have not had any problems with parking and he does not see any parking issues with this Gander Mountain. Herron stated that she does agree with Mr. Crow and does not feel that parking would be an issue. Stoelting asked Mr. Crow to discuss traffic flow in and out of Gander Mountain. Mr. Crow stated that there are two entry points into the parking lot of Gander Mountain and that the main entrance is off of Technology Drive. He stated that'/< of all of the parking will be located in the underground garage. Mr. Crow said that the underground parking area is a very secure area. Kirk stated that this style of parking is very effective and sited Best Buy in Eden Prairie as a good example of underground parking. Kirk did ask a question Planning Commission Minutes April 24, 2006 Page 6 regarding shoreline waivers on a recreational lake and asked if these were common waivers. Herron stated that it is common and sited Costco as a good example of this. Seymour asked if this site was originally planned to be an office complex because it is on the north end of Town Center and earlier in the year the plan had that area as being office. Herron stated that the plan that was presented earlier in the year for the Major Center Area Study is a guide and that could be subject to change. She also stated that this location is not included in the"Town Center"but rather north of it. Seymour stated that he has a concern for this area and is not sure if this is the right development to go into the area next to Town Center. Stoelting asked Staff if this development is what was envisioned for the Town Center area. Kipp stated that Commission should look at the bigger picture. He reiterated that the study is a guide for development of the entire MCA and is subject to change. Kirk stated that he understood Seymour's concerns but also feels that this project needs to be looked at holistically and that since this project is right on the edge of Town Center it is a pretty good use of the property. Duckstad commented that it would be a positive addition to the area but asked if this land use was permissible in an I-2 District and also questioned why zoning would be changed. Herron stated that this project is a 100 percent commercial which is not permitted in an industrial zone;therefore it needs to be changed. Koenig asked if the elevator was ADA accessible. Mr. Crow responded that is was ADA accessible. Koenig asked if more parking spaces could be added to the underground parking. Mr. Crow stated that there would be no possible way that more spaces could be added to the underground parking. Koenig asked Mr. Crow if the company still plans on purchasing Wetland in Sibly County. Mr. Crow stated that they have a purchase agreement in effect to meet the 2-1 mitigation based on original wetland delineation defined back in November. Koenig asked if they could come back to the Planning Commission after they purchase the Wetland. Mr. Crow stated that would not be feasible because they want to open the store before Thanksgiving. Koenig asked Fox about the decorative fencing as part of the mitigation. Fox stated that numerous factors have to be taken into account such as trees and wildlife and this decorative landscaping would provide some screening on Technology Drive. MOTION by Duckstad, seconded by Koenig,to close the public hearing. Motion carried 6-0. MOTION by Duckstad, seconded by Kirk,to approve the Guide Plan Change from Industrial to Regional Commercial on 4.69 acres, Planned Unit Planning Commission Minutes April 24, 2006 Page 7 Development Concept Review on 4.69 acres;Planned Unit Development District Review on 4.69 acres Zoning District Change from 1-2 to Regional Commercial Service on 4.69 acres; Site Plan Review on 4.69 acres; Preliminary Plat of 4.69 acres into one lot based on plans stamped dated April 17, 2006, and the staff report dated April 21, 2006. Motion carried 5-1. VIII. MEMBERS' REPORTS Koenig stated that she attended the 2°d Wetland Rally this past Saturday and the different groups attending discussed obtaining funding for water quality and she would like to see something on the referendum in November in regards to this matter. IX. CONTINUING BUSINESS X. NEW BUSINESS XI. PLANNERS' REPORTS Kipp stated that there will be two items on the agenda for the May 8, meeting. There is a variance for a setback on an addition to a home and a development proposal for the Eden Bluffs Business Park within the Hennepin Village development. Kipp also advised the commission regarding a joint City Council/Planning Commission workshop scheduled for May 19d'during the day to tour some of the Town Square development in the metro area. XII. ADJOURNMENT MOTION by Koenig, seconded by Kirk,to adjourn the meeting. Motion carried 6-0. There being no further business,the meeting adjourned at 9:10 p.m. CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims May 16, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX. 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 151123— 151273 Anchor Bank 152753 — 153014 US Bank Wire Transfers 2450 -2457 City of Eden Prairie Council Check Summary 5/16/2006 Division Amount General 5,499 100 City Manager 2,752 101 Legislative 3,536 102 Legal Counsel 37,589 110 City Clerk 578 III Customer Service 6,055 112 Human Resources 189 113 Communication Services 17,092 114 Benefits&Training 3,815 115 Risk Management 1,780 116 Facilities 86,293 117 City Center 141,816 130 Assessing 10 131 Finance 11,557 132 Social Services 19,087 133 Planning 343 134 Heritage Preservation 172 135 Information Technology 19,598 137 Economic Development 1,392 138 Community Development Admin. 458 150 Park Administration 50 151 Park Maintenance 18,278 153 Organized Athletics 12,105 154 Community Center 5,261 156 Youth Programs 2,604 157 Special Events 469 158 Adult Recreation 3,632 159 Recreation Administration 1,924 160 Therapeutic Recreation 996 161 Oak Point Pool 9,832 162 Arts 4,403 163 Outdoor Center 1,755 180 Police 4,551 183 Emergency Preparedness 936 184 Fire 11,607 186 Inspections 14 200 Engineering 555 201 Street Maintenance 6,507 202 Street Lighting 57,658 203 Fleet Services 41,770 204 Equipment Revolving 22,697 300 Heritage Preservation Grants 1,000 303 Cemetary Operation 716 304 Senior Board 223 309 DWI Forfeiture 673 314 Liquor Compliance 409 315 Economic Development 62 316 WAFTA 810 502 Park Development 6,436 503 Utility Improvement 11,144 506 Improvment Bonds 1996 2,512 509 CIP Fund 104,724 511 Construction Fund 47,004 519 Community Center Referendum 33,282 522 IMPROVMENT PROJECTS 2006 6,782 601 Prairie Village Liquor 63,159 602 Den Road Liquor 128,296 603 Prairie View Liquor 70,537 605 Den Road Building 19,059 701 Water Fund 127,209 702 Sewer Fund 225,210 703 Storm Drainage Fund 3,343 803 Escrow Fund 3,356 807 Benefits Fund 9,569 Report Totals 1,432,728 City of Eden Prairie Council Check Register 5/16/2006 Check# Amount Vendor/Explanation Account Description Business Unit 151123 167 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 151124 55 AMERICAN RED CROSS Training Supplies Pool Lessons 151125 412 ASPEN WASTE SYSTEMS INC. Waste Disposal Public Works/Parks 151126 625 BATES,DON Other Contracted Services Community Band 151127 60 BOLD,PAULINE Conference Expense Outdoor Center 151128 195 CAMPOS,LORI Instructor Service Outdoor Center 151129 766 DISBURSING OFFICER Insurance Risk Management 151130 810 EDEN PRAIRIE FIREFIGHTER'S REL Union Dues Withheld General Fund 151131 38 EDWARDS MANUFACTURING COMPANY Supplies-General Bldg Fire Station#1 151132 16 GADEN,MELANIE Program Fee Cummins House Special Events 151133 85 GE CAPITAL Other Rentals General 151134 610 MAECK,TOM Other Contracted Services Community Band 151135 1,803 METRO SALES INCORPORATED* Other Rentals General 151136 413 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 151137 10,800 MMKR Audit&Financial Finance 151138 396 PETTY CASH Mileage&Parking Water Utility-General 151139 300 PHILIPSEK,REYNOLD Other Contracted Services City Council 151140 344 PITNEY BOWES INC Other Rentals General 151141 16 POLLOCK,PHYLLIS Program Fee Cummins House Special Events 151142 55 QWEST Telephone Sewer Liftstation 151143 20 STAR TRIBUNE Misc Non-Taxable Den Road Liquor Store 151144 511 VERIZON DIRECTORIES CORP Advertising Prairie View Liquor Store 151145 181 WALMART COMMUNITY Operating Supplies Leisure Education 151146 99 WHITE,NICOLE Mileage&Parking Therapeutic Rec Administration 151147 64 WOLF CAMERA Video&Photo Supplies Water Utility-General 151148 484 XCEL ENERGY Principal City Hall-CAM 151149 210 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 151150 233 BOLD,PAULINE Instructor Service Outdoor Center 151151 149 BRINK,PATRICK Mileage&Parking Communication Services 151152 120 CANTOS,LORI Instructor Service Outdoor Center 151153 11,019 CARDMEM 3ER SERVICE Conference Expense Fire 151154 83 CASH DENTON Operating Supplies Outdoor Center 151155 53 DALMAN,TERESA Mileage&Parking Youth Programs Administration 151156 150 HERZIG,DAVID Operating Supplies Purgatory Creek Recreation Are 151157 2,500 NORTH AMERICAN PROPERTIES Deposits Escrow 151158 55 QWEST Telephone Forest Hills Park 151159 90 TIME WARNER CABLE Dues&Subscriptions City Council 151160 50 MACT FAST FEST Other Contracted Services Arts Initiative 151161 83 ACE ICE COMPANY Misc Non-Taxable Den Road Liquor Store 151162 95 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie Village Liquor Store 151163 35 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 151164 4,709 BELLBOY CORPORATION Liquor Den Road Liquor Store 151165 4,446 DAY DISTRIBUTING Beer Den Road Liquor Store 151166 96 DIM DISTRIBUTING INC Misc Taxable Prairie View Liquor Store 151167 2,092 EAGLE WINE COMPANY Wine Imported Den Road Liquor Store 151168 1,106 GRAND PERE WINES INC Wine Imported Prairie Village Liquor Store 151169 367 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 151170 8,499 GRIGGS COOPER&CO Misc Taxable Den Road Liquor Store 151172 22,295 JOHNSON BROTHERS LIQUOR CO Liquor Prairie View Liquor Store 151173 482 M.AMUNDSON LLP Misc Taxable Prairie Village Liquor Store 151174 7,311 MARK VII Beer Den Road Liquor Store 1 117 141 MA BAR-MATE CORP Misc Taxable Den Road Liquor Store 5 5 SS q 151176 1,018 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 151177 1,578 NEW FRANCE WINE COMPANY Wine Domestic Prairie View Liquor Store 151178 3,225 PAUSTIS&SONS COMPANY Wine Domestic Prairie View Liquor Store 151179 12,267 PHILLIPS WINE AND SPIRITS INC Wine Domestic Den Road Liquor Store 151180 2,151 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store 151182 12,822 QUALITY WINE&SPIRITS CO Transportation Den Road Liquor Store 151183 925 SPECIALTY WINES AND BEVERAGES Liquor Den Road Liquor Store 151184 18,895 TAYLOR DIST CO OF MN INC Beer Den Road Liquor Store 151185 18,264 THORPE DISTRIBUTING Beer Den Road Liquor Store 151186 732 VINTAGE ONE WINES INC Wine Domestic Den Road Liquor Store 151187 1,717 WINE COMPANY,THE Wine Domestic Prairie View Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit 151188 2,621 WINE MERCHANTS INC Wine Domestic Prairie View Liquor Store 151189 753 WINE SOURCE INTERNATIONAL Wine Imported Den Road Liquor Store 151190 1,103 WORLD CLASS WINES INC Wine Domestic Den Road Liquor Store 151191 100 BERKBIGLER,RIK Refunds Environmental Education 151192 997 BUNCH DENISE H Other Contracted Services Fitness Classes 151193 100 CEDAR LAKE FARMS Special Event Fees Trips 151194 42,201 CENTERPOINT ENERGY SERVICES IN Gas City Hall-CAM 151195 240 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 151196 304 COSTCO Operating Supplies Fire 151197 210 DEGREE,BETH Mileage&Parking Aquatics&Fitness Admin 151198 63 DEZENSKI,JEFFREY Operating Supplies Fire 151199 105 EDAM Conference Expense Economic Development 151200 137 EDEN PRAIRIE CHAMBER OF COMMER Dues&Subscriptions Prairie View Liquor Store 151201 100 EGERER,LYDIA Refunds Environmental Education 151202 492 EKLOF DOCKS Other Contracted Services Park Maintenance 151203 31 FEDEX Postage Fire 151204 100 FILUT,DICK Refunds Environmental Education 151205 240 FIRE DEPARTMENT TRAINING NETWO Dues&Subscriptions Fire 151206 100 GUNDERSON,DAVID Refunds Environmental Education 151207 6,556 HENNEPIN COUNTY MEDICAL CENTER Tuition Reimbursement/School Fire 151208 230 HENNEPIN COUNTY TREASURER Operating Supplies Planning 151209 115 HOOGENAKKER,KATHLEEN Tuition Reimbursement/School Finance 151210 100 HORNNES,BETH Refunds Environmental Education 151211 82 IND SCHOOL DIST 272 Miscellaneous Environmental Education 151212 1,500 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 151213 75 ISFSI Dues&Subscriptions Fire 151214 250 KNUTSON,TERRI Refunds Environmental Education 151215 100 KOLLA,RAO Refunds Environmental Education 151216 240 KOTCHEVAR,SUSAN Travel Expense Finance 151217 87 KRESS,CARLA Mileage&Parking Senior Center Administration 151218 50 LASER CONTROL INC Equipment Repair&Maint Park Maintenance 151220 991 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 151221 175 MINNESOTA DEPT OF REVENUE Garnishment Withheld General Fund 151222 24 MINNESOTA FIRE CHIEF MAGAZINE Dues&Subscriptions Fire 151223 100 MINNESOTA KITE SOCIETY Operating Supplies Purgatory Creek Recreation Are 151224 390 MINNESOTA STATE FIRE SERVICE V Employment Support Test Fire 151225 30 MRPA Other Contracted Services Youth Programs Administration 151226 201 NCPERS GROUP LIFE INSURANCE Life Insurance EE/ER General Fund 151227 100 OBEROI,RAJIVE Refunds Environmental Education 151228 200 PETTY CASH-SANDY WERTS Petty Cash&Change Funds General Fund 151229 409 PETTY CASH-POLICE DEPT Miscellaneous Liquor Compliance 151230 328 PETTY CASH-POLICE DEPT Travel Expense Police 151231 481 PROP United Way Withheld General Fund 151232 163 QWEST Telephone Edenvale Park 151233 3,766 RELIASTAR LIFE INSURANCE CO Disability Ins Employers Health and Benefits 151234 100 RUNKEL,STACY Refunds Environmental Education 151235 6,966 SENIOR COMMUNITY SERVICES Other Contracted Services Housing,Trans,&Human Sery 151236 100 TRAYNHAM,MARY Refunds Environmental Education 151237 450 UNITED WAY United Way Withheld General Fund 151238 35 UNIVERSITY OF MINNESOTA Conference Expense Storm Drainage 151239 21 UPS Postage Fire 151240 2,058 URBAN COMMUNICATIONS Other Rentals Ice Show 151241 25 USTA Dues&Subscriptions Tennis 151242 29 AMERICAN MESSAGING Pager&Cell Phone Water System Maintenance 151243 841 ANCHOR PAPER COMPANY Office Supplies General 151244 559 ASPEN WASTE SYSTEMS INC. Waste Disposal Community Center Maintenance 151245 15 CHAMPION WATER SERVICES Cash Over/Short General Fund 151246 80 CITI-CARGO&STORAGE CO,INC Other Rentals Summer Theatre 151247 39 DODGE,INGRID N Deposits Escrow 151248 95 ECOLAB INC Contract Svcs-Pest Control Senior Center 151249 1,111 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous Organizational Services 151251 1,516 GENUINE PARTS COMPANY Equipment Parts Fleet Services 151252 37,589 GREGERSON ROSOW JOHNSON&NILA Legal Legal Criminal Procecution 151253 113 HENNEPIN COUNTY TREASURER Operating Supplies Planning 151254 67 IBRAHIM,NAJAH A Deposits Escrow 151255 1,532 J H LARSON COMPANY Ch Robinson-Supplies City Ctr-Tenant Direct Costs 151256 96 KLEVE HTG&AC Cash Over/Short General Fund Check# Amount Vendor/Explanation Account Description Business Unit 151257 36 KRAEMERS HARDWARE INC Cleaning Supplies Water Treatment Plant 151258 53 MERLINS ACE HARDWARE Supplies-General Bldg Community Center Maintenance 151259 135 METRO SALES INCORPORATED* Equipment Repair&Maint General 151260 345 MINNESOTA REVENUE Licenses&Taxes Water Well#7 151261 80 MPCA Conference Expense Water Utility-General 151262 8,000 PROP Other Contracted Services Housing,Trans,&Human Sery 151263 10 QUICKSILVER EXPRESS COURIER Postage Communication Services 151264 55 QWEST Telephone Outdoor Center 151265 5,803 STANDARD INSURANCE CO Life Insurance EE/ER Health and Benefits 151266 1,011 STATE FARM INSURANCE COMPANY Insurance Risk Management 151267 100 STATE OF MINNESOTA Licenses&Taxes Fleet Services 151268 37 STATE OF MINNESOTA Operating Supplies Fleet Services 151269 2,500 STOREFRONT GROUP,THE Other Contracted Services Housing,Trans,&Human Sery 151270 45 TIME WARNER CABLE Dues&Subscriptions City Council 151271 104 VERIZON WIRELESS Pager&Cell Phone Sewer Utility-General 151272 11 WILLIAMSON,NICOLE L Deposits Escrow 151273 50 WILS Dues&Subscriptions Parks Administration 152753 579 ADMINISTRATION RESOURCES CORP Other Contracted Services Finance 152754 1,492 BERGIN AUTO BODY INC Equipment Repair&Maint Fleet Services 152755 100 BRANDAU,BARBARA Refunds Environmental Education 152756 190 COMMISSIONER OF TRANSPORTATION Design&Engineering Construction Fund 152757 255 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General 152758 410 FSH COMMUNICATIONS LLC Telephone Miller Park 152759 177 GOOD,JAMIE Tuition Reimbursement/School Police 152760 54 IMATION IMAX THEATRE Special Event Fees Trips 152761 18 KRAEMERS HARDWARE INC Operating Supplies Park Maintenance 152762 150 MEYER,JASON Refunds Environmental Education 152763 8 NEWPAPER LLC Other Contracted Services City Council 152764 55 PAIGE,LARRY Licenses&Taxes Sewer Utility-General 152765 55 PETERSON,ROBERT Licenses&Taxes Sewer Utility-General 152766 363 PRAIRIE FRAMING Capital Under$2,000 Housing,Trans,&Human Sery 152767 2,626 QWEST Pager&Cell Phone Sewer Utility-General 152768 95 SPRINGER,KIP Mileage&Parking Fire 152769 297 US POSTMASTER-HOPKINS Postage Outdoor Center 152770 1,916 US POSTMASTER-HOPKINS Postage Water Accounting 152771 65,871 XCEL ENERGY Electric Sewer Liftstation 152772 99 ACE ICE COMPANY Misc Non-Taxable Den Road Liquor Store 152773 117 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store 152774 60 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 152775 7,346 BELLBOY CORPORATION Liquor Prairie View Liquor Store 152776 5,809 DAY DISTRIBUTING Beer Prairie View Liquor Store 152777 1,286 EAGLE WINE COMPANY Wine Domestic Prairie View Liquor Store 152778 256 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store 152779 115 FRED Misc Taxable Den Road Liquor Store 152780 387 GETTMAN COMPANY Misc Taxable Prairie View Liquor Store 152781 1,293 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 152782 8,053 GRIGGS COOPER&CO Liquor Prairie View Liquor Store 152783 1,181 HOHENSTEINS INC Beer Prairie View Liquor Store 152784 35,977 JOHNSON BROTHERS LIQUOR CO Wine Domestic Prairie View Liquor Store 152785 108 M AMUNDSON Misc Taxable Den Road Liquor Store 152786 8,671 MARK VII Misc Taxable Prairie View Liquor Store 152787 272 MIDWEST COCA COLA BOTTLING COM Misc Non-Taxable Den Road Liquor Store 152788 4,696 PAUSTIS&SONS COMPANY Wine Domestic Den Road Liquor Store 152789 15,242 PHILLIPS WINE AND SPIRITS INC Wine Domestic Prairie View Liquor Store 152790 3,959 PRIOR WINE COMPANY Wine Domestic Prairie View Liquor Store 152791 11,119 QUALITY WINE&SPIRITS CO Wine Imported Prairie View Liquor Store 152792 369 SPECIALTY WINES AND BEVERAGES Liquor Den Road Liquor Store 152793 2,059 TAYLOR DIST CO OF MN INC Beer Den Road Liquor Store 152794 13,672 THORPE DISTRIBUTING Beer Den Road Liquor Store 152795 518 VINTAGE ONE WINES INC Wine Domestic Den Road Liquor Store 152796 1,738 WINE COMPANY,THE Wine Domestic Den Road Liquor Store 152797 1,990 WINE MERCHANTS INC Wine Domestic Prairie View Liquor Store 152798 332 WORLD CLASS WINES INC Wine Imported Prairie Village Liquor Store 152799 170 A MEYER S ENTERPRISES INC Instructor Service Outdoor Center 152800 30 ADAMS,SALLY Mechanical Permits General Fund 152801 114 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Services 152802 19 BANKS,MADISON Program Fee Red Hat Check# Amount Vendor/Explanation Account Description Business Unit 152803 62 BOCK,LINDA Lessons&Classes Fitness Classes 152804 210 CAMPOS,LORI Instructor Service Outdoor Center 152805 81 CARVER COUNTY TREASURER Licenses&Taxes WAFTA 152806 272 CENTERPOINT ENERGY Gas Miller Park 152807 620 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous City Manager 152808 337 EDEN PRAIRIE HISTORICAL SOCIET Operating Supplies City Council 152809 207 EDEN PRAIRIE NOON ROTARY CLUB Dues&Subscriptions City Manager 152810 22,679 ELK RIVER FORD Autos Police 152811 28,551 ENVIRONMENTAL PROCESS INC Contract Svcs-General Bldg Water Utility-General 152812 100 ESSEN,DR.JEFFER Operating Supplies Senior Board 152813 221 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance 152814 457 GE CAPITAL Other Rentals General 152815 18 GENZ RYAN PLUMBING&HEATING Cash Over/Short Water Enterprise Fund 152816 55 GHREICHI,KATHLEEN Program Fee Tennis 152817 65 HEDDLE,ALLEN Other Hardware Information Technology 152818 448 HENNEPIN COUNTY ATTORNEY'S OFF Miscellaneous DWI Forfeiture 152919 95,358 HENNEPIN COUNTY TREASURER-TARP Licenses&Taxes City Ctr-Tenant Direct Costs 152820 16 HENNINGSEN,PETER AND DONNA Program Fee Classes/Programs/Events 152821 151 LANZI,BOB Program Fee Tennis 152822 100 LEAGUE OF MINNESOTA CITIES Operating Supplies Water Utility-General 152823 1,250 MEALS ON WHEELS Other Contracted Services Housing,Trans,&Human Sery 152824 110 MINNESOTA DEPT OF HEALTH Licenses&Taxes Water Treatment Plant 152825 271 MINNESOTA VALLEY ELECTRIC COOP Electric Traffic Signals 152826 20 MN DEPT.OF LABOR AND INDUSTRY Licenses&Taxes Water Treatment Plant 152827 10 MRPA Conference Expense Recreation Administration 152828 12 NOREN,GENE Program Fee Classes/Programs/Events 152829 370 PETTY CASH Mileage&Parking Water Utility-General 152830 235 QWEST Telephone Prairie Village Liquor Store 152831 37 RICHFIELD,CITY OF Operating Supplies Fleet Services 152832 470 SCOTT COUNTY Deposits Escrow 152833 16 TARRAS,BARBARA Operating Supplies Ice Show 152834 225 TASER INTERNATIONAL Tuition Reimbursement/School Police 152835 72 TAYLOR,HOWARD Lessons&Classes Oak Point Lessons 152836 45 TIME WARNER CABLE Dues&Subscriptions City Council 152837 270 TODD COUNTY SHERIFF'S DEPARTME Deposits Escrow 152838 224 TREASURY DIVISION,FINANCE Miscellaneous DWI Forfeiture 152839 466 VANDENBERGHE,MARK Travel Expense Fire 152840 5 WILCOX,JOEY Program Fee Outdoor Center 152841 25,585 XCEL ENERGY Electric Water Treatment Plant 152842 209 A TO Z RENTAL CENTER Other Rentals Park Maintenance 152843 407 AAA LAMBERTS LANDSCAPE PRODUCT Landscape Materials/Supp Street Maintenance 152844 242 ACTION PLUS SPORTSWEAR Operating Supplies Fitness Classes 152845 738 ADOLPHKIEFER Capital Under$2,000 Oak Point Operations 152846 1,094 AIR POWER EQUIPMENT CORPORATIO Contract Svcs-General Bldg Fire Station#2 152847 190 AMERICAN RED CROSS Recreation Supplies Oak Point Lessons 152848 295 AMERICAN WATER WORKS ASSOCIATI Dues&Subscriptions Water Treatment Plant 152849 2,032 AMSAN BRISSMAN-KENNEDY Equipment Parts General Facilities 152850 1,485 AMTECH LIGHTING SERVICES Other Contracted Services Park Maintenance 152851 1,253 ANCHOR BLOCK COMPANY Building Capital Impr./Maint.Fund 152852 1,896 ANCHOR PRINTING COMPANY Printing Senior Center Administration 152853 50 ANDERSON,LONNIE LEE Operating Supplies Senior Center Administration 152854 1,424 AQUA ENGINEERING INC Landscape Materials/Supp Park Maintenance 152855 2,228 AQUA LOGIC INC Supplies-General Bldg Pool Maintenance 152856 30 ARMOR SECURITY INC. Building Repair&Maint. Outdoor Center 152857 629 ASPEN EQUIPMENT CO. Capital Under$2,000 Fleet Services 152858 2,909 AUDIOVISUAL INC Miscellaneous Information Technology 152859 84 BARNES,BELINDA A. Other Contracted Services Volleyball 152860 1,319 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Services 152861 2,405 BECKER ARENA PRODUCTS INC Repair&Maint-Ice Rink Ice Arena Maintenance 152862 258 BERTELSON OFFICE PLUS Office Supplies Water Utility-General 152863 115 BLOOMINGTON SECURITY SOLUTIONS Contract Svcs-Security Prairie Village Liquor Store 152864 475 BOUND TREE MEDICAL LLC Safety Supplies Fire 152865 162 BOYER TRUCKS Equipment Parts Fleet Services 152866 4,098 BRAUER AND ASSOCIATES LTD Design&Engineering Park Acquisition&Development 152867 239 BRYAN ROCK PRODUCTS INC Gravel Sewer System Maintenance 152868 1,345 BURTON EQUIPMENT INC Building Capital Impr./Maint.Fund 152869 729 CAMPBELL KNUTSON,P.A. Legal WAFTA Check# Amount Vendor/Explanation Account Description Business Unit P 152870 143 CATCO PARTS SERVICE Equipment Re air&Maint Fleet Services P 152871 356 CDW GOVERNMENT INC. Miscellaneous Information Technology 152872 194 CHOICE INC Other Contracted Services Prairie Village Liquor Store 152873 396 CHRISTIANSEN,MIKE Other Contracted Services Softball 152874 230 CIT Conference Expense Information Technology 152875 130 CLOSED CIRCUIT SPECIALISTS INC Contract Svcs-Security Prairie Village Liquor Store 152876 4,288 CONTROL SERVICES OF MINNESOTA, Contract Svcs-HVAC City Hall-CAM 152877 1,935 CORPORATE EXPRESS Supplies-General Bldg Furniture 152878 7,254 CUTLER-MAGNER COMPANY Chemicals Water Treatment Plant 152879 64 DALE GREEN COMPANY,THE Landscape Materials/Supp Street Maintenance 152880 1,406 DECORATIVE DESIGNS INC Contract Svcs-Int.Landscape City Hall-CAM 152881 33,282 DELANO ERICKSON ARCHITECTS Design&Engineering Community Center Referendum 152882 76 DELEGARD TOOL CO Equipment Parts Fleet Services 152883 13,864 DELL Computers Information Technology 152884 152 DISPLAY SALES Supplies-General Building City Center Operations 152885 46,088 DIVERSE BUILDING MAINTENANCE Janitor Service Senior Center 152886 330 DOYLE,AARON N Other Contracted Services Softball 152887 310 EARL F ANDERSEN INC Signs Traffic Signs 152888 862 ECOLAB INC Contract Svcs-Pest Control City Hall-CAM 152889 209 EDEN PRAIRIE NOON ROTARY CLUB Dues&Subscriptions City Manager 152890 5,903 ENGINEERED ICE SYSTEMS Contract Svcs-Ice Rink Ice Arena Maintenance 152891 1,212 ESCH CONSTRUCTION SUPPLY INC Repair&Maint.Supplies Storm Drainage 152892 266 ESCHELON TELECOM INC Other Contracted Services Telephone 152893 1,069 ESS BROTHERS&SONS Repair&Maint.Supplies Sewer System Maintenance 152894 420 EULL'S MANUFACTURING CO INC Repair&Maint.Supplies Sewer System Maintenance 152895 2,664 EXTENDO BED CO INC Machinery&Equipment Capital Impr./Maint.Fund 152896 287 FASTSIGNS Signs Tree Disease 152897 310 FINLEY BROS INC Repair&Maint.Supplies Park Maintenance 152898 2,512 FLAIR FOUNTAINS 02 Other Assets Park Acquisition&Development 152899 239 FLEET MAINTENANCE INC Equipment Repair&Maint Fleet Services 152900 163 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police 152901 244 FORCE AMERICA Equipment Parts Fleet Services 152902 1,995 G&K SERVICES Clothing&Uniforms Park Maintenance 152903 782 G&K SERVICES-MPLS INDUSTRIAL Cleaning Supplies Water Treatment Plant 152904 64,583 GARTNER REFRIGERATION&MFG IN Building Capital hnpr./Maint.Fund 152905 515 GRAFIX SHOPPE Capital Under$2,000 Fleet Services 152906 1,419 GRAINGER Supplies-HVAC City Hall-CAM 152907 336 GREATAMERICA LEASING CORP. Other Rentals General 152908 6,170 GREENSIDE INC Contract Svcs-Lawn Maint. City Hall-CAM 152909 162 GROTH MUSIC Operating Supplies Community Band 152910 494 GS DIRECT Operating Supplies Engineering 152911 709 HACH COMPANY Chemicals Water Treatment Plant 152912 126 HAGEN,SIDNEY E Other Contracted Services Softball 152913 4,519 HANSEN THORP PELLINEN OLSON Design&Engineering Construction Fund 152914 22,927 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services 152915 3,292 HAWKINS INC Chemicals Water Treatment Plant 152916 147 HEDBERG AGGREGATES Landscape Materials/Supp Staring Lake 152917 110 HENRY,PAUL Other Contracted Services Softball 152918 618 HOLMES,JOHN CARTER Other Contracted Services Volleyball 152919 428 HOLMES,TOM Other Contracted Services Volleyball 152920 46,860 HYDRO METERING TECHNOLOGY INC Machinery&Equipment Water Meter Reading 152921 195 IMAGETECH SERVICES Operating Supplies Park Maintenance 152922 12,142 IND SCHOOL DIST 272 Other Contracted Services Oak Point Operations 152923 2,237 INDUSTRIAL FLOOR MAINTENANCE I Equipment Repair&Maint Fleet Services 152924 208 ITASCA GREENHOUSE INC Landscape Materials/Supp Tree Disease 152925 325 ITS A KEEPER Operating Supplies City Council 152926 511 J H LARSON COMPANY Supplies-Electrical Den Road Building 152927 427 J&R RADIATOR CORP Equipment Repair&Maint Fleet Services 152928 34 JANEX INC Supplies-General Bldg City Hall-CAM 152929 12,285 JLM LANDSCAPING LLC Other Contracted Services Water System Maintenance 152930 162 JOHN HENRY FOSTER MINNESOTA IN Maintenance Contracts Water Treatment Plant 152931 708 K&H OUTDOORS,INC Other Contracted Services Pleasant Hill Cemetary 152932 2,326 KAMIDA INC Other Contracted Services Miller Park 152933 171 KEEPERS Clothing&Uniforms Reserves 152934 12,649 KILLMER ELECTRIC CO INC Improvement Contracts Improvement Projects 2006 152935 1,838 KRISS PREMIUM PRODUCTS INC Building Capital Impr./Maint.Fund 152936 131 LAB SAFETY SUPPLY INC Protective Clothing Water System Maintenance Check# Amount Vendor/Explanation Account Description Business Unit 152937 151 LAKE COUNTRY DOOR LLC Contract Svcs-Security Fire Station#1 152938 1,288 LANO EQUIPMENT INC Equipment Parts Fleet Services 152939 3,414 LIGHTNING PRINTING INC Printing Community Brochure 152940 192 LOTUS LAWN&GARDEN Landscape Materials/Supp Tree Disease 152941 3,048 LYMAN LUMBER COMPANY Building Materials Staring Lake 152942 8 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Services 152943 11,144 MAGNEY CONSTRUCTION INC Improvement Contracts Utility Improvement Fund 152944 205 MEDICINE LAKE TOURS Special Event Fees Trips 152945 878 MENARDS Supplies-General Bldg Fire Station#1 152946 223 METRO ATHLETIC SUPPLY Repair&Maint.Supplies Park Maintenance 152947 217,238 METROPOLITAN COUNCIL ENVIRONME Waste Disposal Sewer Utility-General 152948 16,933 MICHAUD COOLEY ERICKSON Other Contracted Services Communication Services 152949 40,904 MIDWEST ASPHALT CORPORATION Improvement Contracts Construction Fund 152950 307 MINNESOTA GLOVE INC Safety Supplies Fleet Services 152951 100 MINNESOTA RECREATION&PARK AS Employment Advertising Park Maintenance 152952 261 MINNESOTA ROADWAYS CO Patching Asphalt Street Maintenance 152953 213 MINNESOTA SUPPLY COMPANY Equipment Repair&Maint Fleet Services 152954 2,351 MINNESOTA UC FUND Unemployment Compensation Employee Benefits 152955 106 MINNESOTA WANNER COMPANY Operating Supplies Park Maintenance 152956 69 MN MAINTENANCE EQUIPMENT INC Equipment Repair&Maint Park Maintenance 152957 63 MIT DISTRIBUTING INC Equipment Parts Fleet Services 152958 . 11 MUSIC THEATRE INTERNATIONAL Other Contracted Services Summer Theatre 152959 493 NATIONAL SAFETY COUNCIL Training Supplies Fire 152960 462 NATIONAL WATERWORKS Repair&Maint.Supplies Water System Maintenance 152961 44 NORCOSTCO Operating Supplies Summer Theatre 152962 1,200 NORTHERN SAFETY TECHNOLOGY INC Capital Under$2,000 Fleet Services 152963 786 OLSEN COMPANIES Small Tools Fleet Services 152964 4,517 PCS TECHNOLOGIES INC Other Hardware Capital Impr./Maint.Fund 152965 2,214 PERSONAL TOUCH TECHNOLOGIES IN Equipment Repair&Maint Information Technology 152966 670 PRAIRIE ELECTRIC COMPANY Miscellaneous Information Technology 152967 43 PRAIRIE LAWN AND GARDEN Equipment Repair&Maint Park Maintenance 152968 8,173 PRO MAINTENANCE INC Other Contracted Services Capital Impr./Maint.Fund 152969 1,235 PUBLIC SAFETY EQUIPMENT LLC Equipment Repair&Maint Police 152970 260 QUALITY FLOW SYSTEMS INC Equipment Repair&Maint Sewer Liftstation 152971 975 RAY,LEE Other Contracted Services Softball 152972 434 REAL GEM Other Contracted Services City Council 152973 343 REED BUSINESS INFORMATION Seal Coating Street Maintenance 152974 98 RIGID HITCH INCORPORATED Equipment Parts Fleet Services 152975 1,000 ROBERT C VOGEL Other Contracted Services 1999 CLG Grant 152976 310 ROOT 0 MATIC Other Contracted Services Sewer System Maintenance 152977 936 RT ELECTRIC Operating Supplies Emergency Preparedness 152978 150 SCRAP METAL PROCESSORS INC Equipment Repair&Maint Fleet Services 152979 113 SENSAPHONE Equipment Repair&Maint Sewer System Maintenance 152980 460 SHESHUNOFF INFORMATION SERVICE Miscellaneous Information Technology 152981 2,512 SHORT ELLIOTT HENDRICKSON INC Design&Engineering Improvement Projects 1996 152982 64 SIGHTLINE DISPLAYS,LLC Repair&Maint.Supplies Park Maintenance 152983 550 SJF Operating Supplies Street Maintenance 152984 4,873 SNAP-ON TOOLS Small Tools Fleet Services 152985 8,625 SONNY'S BUILDING MAINTENANCE Building Repair&Maint. Capital Impr./Maint.Fund 152986 1,020 SPIRIT APPAREL&STUFF Clothing&Uniforms Community Center Admin 152987 9,038 SPORTS WORLD USA INC Recreation Supplies Softball 152988 170 SPS COMPANIES Repair&Maint.Supplies Park Maintenance 152989 641 ST CROIX RECREATION CO INC Repair&Maint.Supplies Miller Park 152990 10,000 STAHL CONSTRUCTION Building Capital Impr./Maint.Fund 152991 860 STAR TRIBUNE Employment Advertising Organizational Services 152992 204 STATE SUPPLY COMPANY Supplies-Plumbing City Hall-CAM 152993 16 STERLING FENCE INC Operating Supplies Park Maintenance 152994 2,158 STREICHERS Capital Under$2,000 Fleet Services 152995 404 SUBURBAN CHEVROLET Equipment Parts Fleet Services 152996 336 SUN NEWSPAPERS Legal Notices Publishing City Clerk 152997 175 SWEDLUND SEPTIC SERVICES INC Waste Disposal Outdoor Center 152998 1,523 SYSTEM CONTROL SERVICES Equipment Repair&Maint Water Well#12 152999 550 TAHER INC CATERING Special Event Fees Classes/Programs/Events 153000 31 TAMS-WITMARK MUSIC LIBRARY INC Other Contracted Services Summer Theatre 153001 107 TIM 3ERWALL LANDSCAPING INC Landscape Materials/Supp Staring Lake 153002 144 TOM'S WINDOW CLEANING Janitor Service-General Bldg Den Road Building 153003 397 TOWN AND COUNTRY DODGE Equipment Parts Fleet Services Check# Amount Vendor/Explanation Account Description Business Unit 153004 204 TWIN CITY FILTER SERVICE INC Operating Supplies Water Treatment Plant 153005 253 UNITED HEALTHCARE SERVICES INC Employee Assistance Organizational Services 153006 185 UNITED STATES MECHANICAL INC Contract Svcs-Plumbing Community Center Maintenance 153007 27 UNLIMITED SUPPLIES INC Operating Supplies Traffic Signs 153008 39 WAYTEK INC Equipment Parts Fleet Services 153009 338 WIGLEY AND ASSOCIATES Software Information Technology 153010 220 WILDER,LOIS Operating Supplies Classes/Programs/Events 153011 589 WM MUELLER AND SONS INC Gravel Street Maintenance 153012 15,684 YALE MECHANICAL INC Contract Svcs-HVAC City Hall-CAM 153013 701 ZARNOTH BRUSH WORKS INC. Equipment Parts Fleet Services 153014 8,930 ZIEGLER INC Contract Svcs-Fire/Life/Safe Fire Station#1 1,432,728 Grand Total CITY COUNCIL AGENDA DATE: SECTION: Reports of the City Manager May 16, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV. B. 1. Sue Kotchevar, Office of the 2005 Comprehensive Annual Financial City Manager/Finance Report(CAFR) Requested Action Move to: Accept the 2005 Comprehensive Annual Financial Report(CAFR). Synopsis Minnesota statutes require that by June 30 of each year, the City prepare a financial report for activities of the previous year. This accounting report will be forwarded to the State by that deadline. Preparation of the report is largely the work of the Finance Department. The report is prepared with review by the independent auditing firm of Malloy, Montague, Karnowski, Radosevich,&Co.,P.A. William Lauer,Principal in the accounting firm will make a presentation of the financial report.In general,the City's financial conditions and control procedures are sound. Attachments 2005 CAFR Management Letter Special Purpose Audit Report CITY COUNCIL AGENDA DATE: SECTION: Reports of Community Development Director May 16,2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV. C. 1. Community Development Approve a Professional Services Janet Jeremiah Agreement with SRF Consulting,Inc. for the 2008 Guide Plan Update Requested Action Move to: Authorize the Mayor and City Manager to execute an agreement for professional services with SRF Consulting, Inc. for the 2008 Guide Plan Update for a total cost not to exceed $175,252. Synopsis SRF Consulting has worked with staff to finalize a scope of work and fees for the 2008 Guide Plan Update. Work and cost for 2006 is $92,243. Work and cost for 2007 is$83,009. The 2006-07 budgets allocated$100,000 for the update of the comprehensive plan for each year. Attachments ➢ Professional Services Agreement ➢ Scope and Fee Attachments ➢ Schedule STANDARD AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made on the day of , 20 , between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and SRF Consulting Group, Inc., a Minnesota corporation (hereinafter "Consultant") whose business address is One Carlson Parkway North, Suite 150, Minneapolis, MN. 55447. 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 comprehensive planning professional services by Consultant for City of Eden Prairie Comprehensive Plan Update, 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"Kin connection with the Work. 2. Time for Performance of Services. The Consultant shall perform the services described in Exhibit A within a mutually agreed upon time frame concluding by September 1, 2007. 3. Compensation for Services. City agrees to pay the Consultant $177,252.00 for the 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. Abandoned or Suspended Work. If any work performed by the Consultant is abandoned or 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 313, 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 Barry Warner and Monique MacKenzie 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 Barry Warner or Monique MacKenzie, 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, t confidential shall II not be the Consultant under this Agreement which the City requests to be kept 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 May 15, 2006 through, September 1,2007 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 or complete the work identified in Paragraph 1. If as a result, the City incurs total costs 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. Indemnification. 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. 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 4 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 therefrom. 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. 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. 5 CITY OF EDEN PRAIRIE Mayor City Manager SRF CONSULTING GROUP, INC. By: Barry J.Warner Its: Senior Vice President 6 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 16, 2006 DEPARTMENT/DIVISION: ITEM DESCRIPTION: 06-5676 ITEM NO.: XIV.E. 1. Randy Newton Approve Professional Services Public Works/Engineering Agreement with SRF Consulting Group for Singletree Lane and West 78 Street Preliminary Design Requested Action Move to: Approve Professional Services Agreement with SRF Consulting Group for Singletree Lane and West 780' Street Preliminary Design Synopsis The realignment of the Singletree Lane and West 78th Street was identified as a near-term improvement in the Major Center Area report. In order to advance this project staff recommends initiating the preliminary design phase of the project. Background Information The Major Center Area Study identified the realignment of Singletree Lane and West 78th Street as a near-term improvement. The realigned roadway will provide a strong east/west connection through the Major Center Area(MCA) and is a primary component of the Major Center Area's street network. In addition, the realignment will improve the safety and efficiency of the roadway system by combining the Singletree and West 78th Street intersections with Highway 212. The planned improvement includes upgrading the realigned roadway to a continuous 4-lane facility with turn lanes between its intersections with Prairie Center Drive to both the east and west. The preliminary design process will evaluate the feasibility of multiple re-alignment alternatives with the ultimate goal of selecting a single preferred alignment and estimating the project costs. If appropriate, city staff will seek to obtain both Mn/DOT and City Council approval of the preferred alignment. In addition, since the corridor is within the Town Center area of the MCA, a conceptual landscape design will be developed to ensure that adequate space is preserved and planned for along the corridor. Public involvement is anticipated to be a significant element of the preliminary design. Throughout the preliminary design process, City staff intends to meet with the affected businesses as necessary to keep them updated on the progress of the project, solicit their input, and address their questions. It is also anticipated that I to 2 open houses will be held at appropriate stages of the preliminary design process. Financial Implications The estimated budget for the Preliminary Design Services is$92,922. This includes surveying, preliminary roadway design, preliminary landscape design, and cost estimating. In addition,the Professional Services Agreement identifies an hourly rate for SRF to attend meeting with area businesses at the direction of the City. Due to the uncertain nature of this task no budget has been specifically defined for this task. At this time, city staff is roughly estimating a cost of $15,000 for this task. All costs associated with the preliminary design will be paid using TIF monies received for MCA transportation improvements. Attachments • Special Assessment Agreement • Proposal Letter STANDARD AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made on the day of 920 ,between the City of Eden Prairie,Minnesota(hereinafter"City"),whose business address is 8080 Mitchell Road,Eden Prairie,MN 55344,and SRF Consulting Group,Inc.,a Minnesota corporation(hereinafter"Consultant")whose business address is One Carlson Parkway North, Suite 150,Minneapolis,MN 55447. PRELIMINARY STATEMENT The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this agreement is to set forth the terms and conditions for the provision of professional services by Consultant for the Singletree Lane and West 78t'Street PreliminM 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 the attached proposal letter dated May 9,2006, in connection with the Work. 2. Time for Performance of Services. The Consultant shall perform the services described in the proposal letter within a mutually agreed-upon time schedule. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in an amount not to exceed$92,922.00 for the services as described in the proposal letter for Tasks 1 - 4. The services for Task 5 (Meetings) will be on an as-needed basis at the City's direction and paid on an hourly basis plus expenses. A. Any changes in the scope of the work which may result in additional 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. Bills submitted shall be paid in the same manner as other claims made to the City. A. Progress ss 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 Matt Hansen and Curt Kobilaresik 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 Matt Hansen or Curt Kobilaresik 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 2 prepared by the Consultant shall become the property of the City upon termination of this 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 May 17,2006 through,May 30,2007,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 or complete the work identified in Paragraph 1. 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. Indemnification. 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 an insurance policy as follows: 1. $1,000,000 Each Occurrence 2. $2,000,000 General Aggregate 3. $1,000,000 Auto Liability 4. $2,000,000 Excess/Umbrella Liability 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. 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 4 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. A copy of the Consultant's Declaration of Insurance naming the City as an additional insured must be provided to the City prior to commencing work. 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 therefrom. 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." 5 29. Counterparts. This Agreement may be executed in multiple counterparts each of which shall be considered an original. 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 Proposal P06248 May 9, 2006 Mr. Randy Newton,PE,PTOE Traffic Engineer CITY OF EDEN PRAIRIE 880 Mitchell Road Eden Prairie, MN 55344 Dear Mr.Newton: SUBJECT: PROPOSAL FOR PROFESSIONAL SERVICES FOR SINGLETREE LANE AND WEST 78TH STREET PRELIMINARY DESIGN Based on our request, we are leased to submit this proposal to provide professional services Y q P p p p for preliminary design of the Singletree Lane and West 78th Street corridor. As you know, SRF Consulting Group, Inc. assisted the City of Eden Prairie with the recently completed Major Center Area Study. The study recommended transportation improvements within the Major Center Area to address existing congestion and circulation problems. The realignment and widening of Singletree Lane and West 78th Street were recommended to provide a major east— west roadway through the area. SCOPE OF SERVICES We propose to carry out the work described as follows: Task 1 Surveys and Mapping We proposed to use the digital aerial images from the Major Center Area Study as the base map for the layout. This aerial base map will be supplemented with field topographic survey information, which is necessary in order to develop roadway profiles, cross sections and ultimately construction limits. The amount of field data collected will be limited to mostly roadway elements in order to minimize the scope of this task. The base map will also include right of way and property boundaries that will be very important when identifying impacts beyond the existing right of way limits. It is assumed that the City will provide all necessary plats along the corridor to document property boundaries. Mr. Randy Newton, PE, PTOE -2- May 9, 2006 Task 2 Preliminary Roadway Design Using the base map developed in Task 1, we will prepare up to three (3) preliminary geometric layouts of Singletree Lane and West 78th Street from Prairie Center Drive on the west to Prairie Center Drive on the east end. This segment was reviewed in the Major Center Area Study and our first step would be to sit down with City staff and review the transportation improvement recommendation from the study to identify all areas of concern. We will brainstorm and review potential alternate improvements with staff, including the preliminary evaluation of roundabouts at key intersections, to see if any alternate designs are feasible and worthy of further study. Once all conceptual designs are evaluated, we will proceed with preliminary engineering on up to three (3) alternate layouts. The preliminary engineering tasks will include the following: ■ Preparation of preliminary geometric layouts showing alignments, geometrics, profiles and construction limits. ■ Preliminary drainage analysis. ■ Construction staging layout development. ■ Initial coordination with utility owners along the corridor. ■ Identification of all impacts to private property beyond existing right of way. ■ Coordinating with Mn/DOT to gain staff approval of the preferred layout. Task 3 Preliminary Landscape Design The SRF Landscape Architecture staff will review recommendations from the Major Center Area Study to develop conceptual landscape and streetscape designs, and prepare a concept streetscape layout for the project corridor. The benefit of proceeding with the preliminary landscape design will be to ensure an adequate amount of boulevard space is preserved and planned for along the corridor. Task 4 Cost Estimates The Major Center Area Study includes a planning level construction cost estimate of$3.5 million. After studying alternate geometric options along the corridor, we will have good conceptual layouts to begin the preliminary engineering tasks. We will prepare initial construction cost estimates for up to three (3) conceptual layouts. Once grading limits have been established, we will also review the right of way impacts and estimate the cost for easement and right of way acquisition. We will also prepare a cost estimate for the conceptual streetscape design. During the preliminary engineering process, we will update the construction costs as necessary to avoid surprises when the cost estimate is prepared for the final layout. Mr. Randy Newton, PE,PTOE -3 - May 9, 2006 Task 5 Meetings(City-directed Task) It will be helpful to meet one-on-one with adjacent property owners and businesses along the corridor to help understand their specific concerns and needs and discuss potential project impacts. These meetings may occur before, during and after the preliminary engineering process. Therefore, it is difficult to estimate the number of potential meetings. As requested, SRF proposes to assist City staff with these one-on-one meetings on an "as-needed"basis at the City's discretion. In most cases, we anticipate two SRF staff persons to attend when needed, including the principal in charge and the project engineer. The fee for providing this support will be on an hourly basis depending on the rates of the actual staff persons. In addition to one-on-one meetings, we will provide assistance and support to City staff for two or three public open houses. The purpose of each open house will be to present the preliminary design and answer questions. SRF will also attend these public meetings at the discretion of City staff and the fee for this task will be on an hourly basis similar to the method stated above. SCHEDULE AND BUDGET We will complete the work with a mutually agreed-upon time schedule. We propose to be reimbursed for our services on an hourly basis for the actual time expended. Other direct project expenses, such as printing, supplies, etc., will be billed at cost, and mileage will be billed at the current allowable IRS rate for business miles. Invoices are submitted on a monthly basis for work performed during the previous month. Payment is due within 30 days. Based on our understanding of the project and our Scope of Services, we estimate the cost of our services to be as follows: Task 1: Surveys and Mapping $13,478 Task 2: Preliminary Roadway Design $60,270 Task 3: Preliminary Landscape Design $11,280 Task 4: Cost Estimates $ 7,310 Direct Project Expenses $ 584 SUBTOTAL $92,922 Task 5: Meetings(City-directed) $15,040 TOTAL $107,962 Mr. Randy Newton, PE,PTOE -4- May 9, 2006 The cost for City-directed Task 5, Meetings, is estimated to be $235 per hour and the cost shown above has been estimated for budgeting purposes. We understand that this service will be requested by the City on an as-needed basis. CHANGES IN THE SCOPE OF SERVICES/ADDITIONAL SERVICES It is understood that if the scope or extent of work changes or additional services are requested, the cost will be adjusted accordingly. Before any out-of-scope or additional service work is initiated, however, we will submit a budget request for the new work and will not begin work until we receive authorization from you. We sincerely appreciate your consideration of this proposal and look forward to working with you on this project. Please feel free to contact us if you have any questions or need additional information. Sincerely, SRF CONSULTING GROUP,INC. Matthew D. Hansen, PE,LS Principal MDH/bls Enclosures This cost proposal is valid for a period of 90 days. SRF reserves the right to adjust its cost estimate after 90 days from the date of this proposal.