HomeMy WebLinkAboutCity Council - 03/18/2008 AGENDA
CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY, MARCH 18, 2008 CITY CENTER
5:00—6:25 PM, HERITAGE ROOM II
6:30—7:00 PM, COUNCIL CHAMBER
CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Sherry Butcher, Jon
Duckstad, and Kathy Nelson
CITY STAFF: City Manager Scott Neal, Police Chief Rob Reynolds, Fire Chief George Esbensen,
Public Works Director Eugene Dietz, Community Development Director Janet Jeremiah, Parks and
Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, Assistant to the
City Manager Michael Barone, City Attorney Ric Rosow, and Recorder Lorene McWaters
Heritage Room II
I. INTERNAL SERVICE FUNDS
A. COUNCIL INPUT
1. Charging Capital Costs
2. Philosophy Going Forward
II. 2009 OPERATING BUDGET
III. 2009 TO 2013 CAPITAL IMPROVEMENT PLAN
A. COUNCIL INPUT— COUNCIL PRIORITIES
IV. 2007 PRELIMINARY FINANCIAL RESULTS
A. COUNCIL INPUT - TRANSFERS
Council Chamber
II. OPEN PODIUM
IV. ADJOURNMENT
AGENDA
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, MARCH 18, 2008 7:00 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Sherry Butcher, Jon
Duckstad, and Kathy Nelson
CITY STAFF: City Manager Scott Neal, Parks & Recreation Director Jay Lotthammer, Public
Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director
Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Jan Curielli
I. ROLL CALL/CALL THE MEETING TO ORDER
II. COLOR GUARD/PLEDGE OF ALLEGIANCE
IIII. OPEN PODIUM INVITATION
IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
V. PROCLAMATIONS/PRESENTATIONS
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, MARCH 4, 2008
B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 4, 2008
VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
A. CONSERVATION COMMISSION
B. ENERGY SAVINGS REPORT—MCKINSTRY ESSENTION
VIII. CONSENT CALENDAR
A. APPROVE SECOND READING OF ORDINANCE AMENDING CITY
CODE SECTION 11.70,RELATING TO THE PUBLIC DISTRICT AND
AIRPORT SECTIONS OF THE SIGN ORDINANCE,AND ADOPT
RESOLUTION APPROVING SUMMARY PUBLICATION
B. APPROVE SECOND READING OF ORDINANCE AMENDING CITY
CODE SECTION 11.51 RELATING TO PROTECTION OF WETLAND
AND ADOPT RESOLUTION APPROVING SUMMARY PUBLICATION
C. ADOPT RESOLUTION APPROVING FINAL PLAT OF CASTLE RIDGE
2ND ADDITION
D. ADOPT RESOLUTION APPROVING FINAL PLAT OF BLUFF
COUNTRY VILLAGE 3RD ADDITION
CITY COUNCIL AGENDA
March 18, 2008
Page 2
E. AWARD CONTRACT FOR RECOATING OF WATER TREATMENT
PLANT WASH-WATER TANK TO CHAMPION COATINGS,INC.
F. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF
CONSULTING GROUP FOR CONCEPT DESIGN OF PRAIRIE CENTER
DR./PRESERVE BLVD. AND ANDERSON LAKES PARKWAY/
PRESERVE BLVD. INTERSECTIONS, I.C. 02-5583
G. ADOPT RESOLUTION APPROVING CONTRACT WITH THE STATE
OF MINNESOTA FOR THE INSTITUTION COMMUNITY WORK
CREW PROGRAM FOR AN ADDITIONAL DAY PER WEEK FROM
APRIL 14 TO NOVEMBER 28, 2008
H. AWARD CONTRACT FOR STREET SWEEPING TO RELIAKOR
SERVICES, INC., I.C. 08-5720
I. ADOPT RESOLUTION AUTHORIZING THE CITY OF EDEN PRAIRIE
TO ACT AS THE LOCAL GOVERNMENT UNIT WITHIN THE RILEY-
PURGATORY-BLUFF CREEK WATERSHED DISTRICT
J. APPROVE SUBMITTAL OF 2007 RECYCLING REPORT TO HENNEPIN
COUNTY AND ADOPT RESOLUTION AUTHORIZING RENEWAL OF
THE RESIDENTIAL RECYCLING GRANT APPLICATION FOR 2008-2010
K. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO, INC.,
FOR DESIGN PHASE SERVICES FOR RECONSTRUCTION OF
RIVERVIEW RD. FROM HOMEWARD HILLS RD. TO SONOMA RIDGE/
PARKER DR., I.C. 52-157
L. APPROVE COST PARTICIPATION AND MAINTENANCE AGREEMENT
WITH NINE MILE CREEK WATERSHED DISTRICT FOR BIRCH
ISLAND LAKE POND NO. 4 STORM SEWER, I.C. 04-5620
M. APPROVE 2008 TOWING SERVICES AGREEMENT WITH MATT'S
AUTO SERVICE
N. APPROVE WATER EMERGENCY AND CONSERVATION PLAN
O. APPROVE MUTUAL AID AGREEMENT WITH SOUTHWEST TRANSIT
IX. PUBLIC HEARINGS/MEETINGS
A. UNITEDHEALTH GROUP PUD CONCEPT AMENDMENT Request for:
Planned Unit Development Concept Amendment on 71 acres and Alternative Urban
Areawide Review (AUAR) Update on 71 acres. Location: SE Quadrant of Shady
Oak Rd& TH 62. (Resolution for PUD Concept Amendment)
CITY COUNCIL AGENDA
March 18, 2008
Page 3
B. UNITEDHEALTH GROUP ALTERNATIVE URBAN AREAWIDE REVIEW
(AUAR) UPDATE
C. CDBG FUNDING RECOMMENDATIONS (Resolution)
D. UTILITY FEE SCHEDULE AMENDMENTS (Resolution)
X. PAYMENT OF CLAIMS
XI. ORDINANCES AND RESOLUTIONS
A. FIRST READING OF ORDINANCE AMENDING CITY CODE SECTION
11.70 RELATING TO DYNAMIC DISPLAYS (Tabled)
B. SECOND READING OF ORDINANCE AMENDING CITY CODE SECTION
11.70 RELATING TO DYNAMIC DISPLAYS
XII. PETITIONS, REQUESTS AND COMMUNICATIONS
XIII. APPOINTMENTS
XIV. REPORTS
A. REPORTS OF COUNCILMEMBERS
1. National League of Cities Conference—Council Member Aho
B. REPORT OF CITY MANAGER
1. Report on Federal Legislative Advocacy Trip
2. Town Hall Meeting
3. Commission Banquet
C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
ANNOTATED AGENDA
DATE: March 14, 2008
TO: Mayor and City Council
FROM: Scott Neal, City Manager
RE: City Council Meeting for Tuesday, March 18, 2008
TUESDAY, MARCH 18,2008 7:00 PM, COUNCIL CHAMBER
I. ROLL CALL/CALL THE MEETING TO ORDER
II. COLOR GUARD/PLEDGE OF ALLEGIANCE
When the Mayor announces the Scout, the Scout or Scout Master will step to the
podium.
Scout/Scout Master: "I am from Scout Troop # and Mayor
and City Council, we are ready to present the Colors."
Mayor: "Color Detail, present the Colors "
The Detail Commander will March forward alone to the podium —then turn and face
the Color Guard and start the ceremony.
Detail Commander: "Color Detail, ATTENTION. Forward MARCH."
Council and audience will rise when the flags enter the Council Chamber. The Color
Guard and Scouts will march to the front and automatically halt when in position; no
command for halt will be given. Detail Commander at the podium will turn to the
Mayor.
Detail Commander: "Mayor and City Council, we are ready for the Pledge of
Allegiance." (Detail Commander will turn back to the scouts) "Present Colors." [The
American Flag is snapped straight up and the State Flag is dropped to a 45° angle.]
"Hand Salute."
Mayor and Council lead the Pledge of Allegiance
As soon as the Pledge of Allegiance is complete, the Detail Commander says:
Detail Commander: Ready, TWO.
The scouts return to attention and both flags are brought back to carrying position.
Mayor: "Color Detail, retire the Colors."
Detail Commander: "Forward MARCH."
ANNOTATED AGENDA
March 18, 2008
Page 2
Color Guard will now leave the Council Chambers. (Council and audience will remain
standing until the flags leave the Council Chamber.)
Outside the Council Chamber doors, the Color Guard will finish their duties. The
Mayor will continue with the next item of business on the City Council Agenda while
this takes place.
Detail Commander: "Detail HALT." [All Color Guard members and Scout participants
remain at attention.] "Post COLORS." [Color Guard now places the flags in the flag
holders outside the Council Chambers]. "FALLOUT."
This ends the Color Guard ceremony.
III. OPEN PODIUM INVITATION
Open Podium is an opportunity for Eden Prairie residents to address the City Council on
issues related to Eden Prairie city government before each Council meeting, typically the first
and third Tuesday of each month, from 6:30 to 6:55 p.m. in the Council Chamber.
If you wish to speak at Open Podium, please contact the City Manager's office at 952.949.8412
by noon of the meeting date with your name, phone number and subject matter. If time permits
after scheduled speakers are finished, the Mayor will open the floor to unscheduled speakers.
Open Podium is not recorded or televised. If you have questions about Open Podium, please
contact the City Manager's Office.
IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
MOTION: Move to approve the agenda.
V. PROCLAMATIONS /PRESENTATIONS
VI. MINUTES
MOTION: Move to approve the following City Council minutes:
A. COUNCIL WORKSHOP HELD TUESDAY, MARCH 4, 2008
B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 4, 2008
VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
A. CONSERVATION COMMISSION
Synopsis: The Conservation Commission has finished their second year and the
2007 Annual Report and 2008 Work Plan lists the accomplishments made for 2007
and their goals for 2008.
ANNOTATED AGENDA
March 18, 2008
Page 3
MOTION: Move to: Receive the Conservation Commission 2007 Annual
Report and Approve its 2008 Work Plan.
B. ENERGY SAVINGS REPORT—MCKINSTRY ESSENTION
VIII. CONSENT CALENDAR
MOTION: Move approval of items A-O on the Consent Calendar.
A. APPROVE SECOND READING OF ORDINANCE AMENDING CITY CODE
SECTION 11.70, RELATING TO THE PUBLIC DISTRICT AND AIRPORT
SECTIONS OF THE SIGN ORDINANCE,AND ADOPT RESOLUTION
APPROVING SUMMARY PUBLICATION
B. APPROVE SECOND READING OF ORDINANCE AMENDING CITY CODE
SECTION 11.51 RELATING TO PROTECTION OF WETLAND AND ADOPT
RESOLUTION APPROVING SUMMARY PUBLICATION
C. ADOPT RESOLUTION APPROVING FINAL PLAT OF CASTLE RIDGE 2ND
ADDITION
D. ADOPT RESOLUTION APPROVING FINAL PLAT OF BLUFF COUNTRY
VILLAGE 3RD ADDITION
E. AWARD CONTRACT FOR RECOATING OF WATER TREATMENT
PLANT WASH-WATER TANK TO CHAMPION COATINGS,INC.
F. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF
CONSULTING GROUP FOR CONCEPT DESIGN OF PRAIRIE CENTER
DR./PRESERVE BLVD. AND ANDERSON LAKES PARKWAY/PRESERVE
BLVD. INTERSECTIONS,I.C. 02-5583
G. ADOPT RESOLUTION APPROVING CONTRACT WITH THE STATE OF
MINNESOTA FOR THE INSTITUTION COMMUNITY WORK CREW
PROGRAM FOR AN ADDITIONAL DAY PER WEEK FROM APRIL 14 TO
NOVEMBER 28, 2008
H. AWARD CONTRACT FOR STREET SWEEPING TO RELIAKOR SERVICES,
INC.,I.C. 08-5720
I. ADOPT RESOLUTION AUTHORIZING THE CITY OF EDEN PRAIRIE TO
ACT AS THE LOCAL GOVERNMENT UNIT WITHIN THE RILEY-
PURGATORY-BLUFF CREEK WATERSHED DISTRICT
J. APPROVE SUBMITTAL OF 2007 RECYCLING REPORT TO HENNEPIN
COUNTY AND ADOPT RESOLUTION AUTHORIZING RENEWAL OF THE
RESIDENTIAL RECYCLING GRANT APPLICATION FOR 2008-2010
ANNOTATED AGENDA
March 18, 2008
Page 4
K. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO, INC.,
FOR DESIGN PHASE SERVICES FOR RECONSTRUCTION OF RIVERVIEW
RD. FROM HOMEWARD HILLS RD. TO SONOMA RIDGE/PARKER DR., I.C.
52-157
L. APPROVE COST PARTICIPATION AND MAINTENANCE AGREEMENT
WITH NINE MILE CREEK WATERSHED DISTRICT FOR BIRCH ISLAND
LAKE POND NO. 4 STORM SEWER, I.C. 04-5620
M. APPROVE 2008 TOWING SERVICES AGREEMENT WITH MATT'S AUTO
SERVICE
N. APPROVE WATER EMERGENCY AND CONSERVATION PLAN
O. APPROVE MUTUAL AID AGREEMENT WITH SOUTHWEST TRANSIT
IX. PUBLIC HEARINGS/MEETINGS
A. UNITEDHEALTH GROUP PUD CONCEPT AMENDMENT Request for: Planned
Unit Development Concept Amendment on 71 acres and Alternative Urban Areawide
Review (AUAR)Update on 71 acres. Location: SE Quadrant of Shady Oak Rd& TH
62. (Resolution for PUD Concept Amendment)
Official notice of this public hearing was published in the March 6, 2008,Eden
Prairie News and sent to 84 property owners.
Synopsis: In 2002 UnitedHealth Group (UHG) received City approval of a
Comprehensive Guide Plan Change and PUD concept plan for a 1,599,400 square
foot office/mixed-use development on its 71-acre property located at the southeast
corner of Highway 62 and Shady Oak Road. The plan consisted of 1,131,700 sq. ft.
of office, 331 multi-family units, a 125-room hotel/restaurant, and 50,000 square feet
of retail. The Development Agreement for the PUD concept plan will expire March
20, 2008.
UHG is proposing a PUD concept amendment for the plan for 1,584,400 sq. ft.
office/mixed use development consisting of 1,140,000 sq. ft. of office, 324 multi-
family units, 125-room hotel/restaurant, and 25,000 sq. ft. of retail. The plan also
provides for a future light rail transit station and Park-and-Ride at the site, which is
along Hennepin County's preferred future LRT alignment.
The Concept Amendment plans have taken into account changes to the site since the
previous approval including: new wetland delineation report; updated traffic analysis;
updated tree inventory; storm water infiltration; and accommodation for a future light
rail transit station on the site.
The following PUD waivers would need to be approved as part of any rezoning of the
property:
ANNOTATED AGENDA
March 18, 2008
Page 5
Office Site
• Floor Area Ratio of 0.89. Code maximum is 0.50.
• Building height greater than 30 feet. Six, eight, and ten story buildings are
anticipated.
High Density Residential Site
• 0-foot internal setback to parking. Code requires a 10-foot setback. Shared
parking is anticipated.
Neighborhood Commercial Site
• FAR of 0.51. Code maximum is 0.40. Housing is proposed above the retail uses.
• 0-foot internal setback to parking. Code requires a 10-foot setback. Shared
parking is anticipated.
• Building height greater than 30 feet. Housing is proposed above the retail uses.
The benefits to the City for considering the waivers are:
• A mixed-use development of office, housing and retail
• Preservation of the 10 acre wooded knoll
• Preservation of 12.27 acres (92.5%) of the 13.27 acres of wetlands on site
• Significant tree loss of 32%
• Accommodates future LRT station and Park-and-Ride within the site
The 120-Day Review Period Expires on May 19, 2008.
MOTION: Move to:
• Close the Public Hearing; and
• Adopt the Resolution for Planned Unit Development Concept
Amendment on 71 acres; and
• Direct Staff to prepare a Development Agreement incorporating Staff and
Commission recommendations and Council conditions.
B. UNITEDHEALTH GROUP ALTERNATIVE URBAN AREAWIDE REVIEW
(AUAR) UPDATE
Official notice of this public hearing was published in the March 6, 2008,Eden
Prairie News and sent to 84 property owners.
Synopsis: United Healthcare Services, Inc. is proposing an Update to its Alternative
Areawide Urban Review (AUAR) environmental document originally adopted by the
City Council in April of 2002 for the future development of a 71 acre site located at
the southeast corner of T.H. 62 and Shady Oak Road.
ANNOTATED AGENDA
March 18, 2008
Page 6
Original AUAR Updated AUAR
1,130,000 sq. ft. of office 1,140,000 sq. ft. of office
331 housing units 324 housing units
125 room hotel/restaurant 125 room hotel/restaurant
50,000 square feet of retail 25,000 square feet of retail
Total of 1,599,400 square feet Total of 1,584,400 square feet
The original AUAR expired April 9, 2007.
The potential impacts are:
Fish, Wildlife and Ecologically Sensitive Resources—over 43 acres of open space
maintained between wetland, woodland, ponds, and tree replacement.
Physical Impacts on Water Resources—Wetland mitigation, replacement, and buffer
zones established.
Erosion and Sedimentation Control—Compliance with Best Management Practices
(erosion control) and permit requirements of MPCA.
Water Quality: Surface Water Runoff—NURP Ponds and infiltration basins-rainwater
gardens created.
Traffic—Road improvements for Shady Oak Road, West 62nd Street, and various
intersections implemented over time as shown on Attachment A.
The 30-Day Comment Period runs from February 26 thru March 26, 2008. The 120-
Day Review Period for the AUAR process expires on May 19, 2008.
The Planning Commission voted 5-0 to accept the draft AUAR document and draft
mitigation plan as accurate and complete at its February 25, 2008 meeting.
MOTION: Move to:
• Close the Public Hearing; and
• Accept the draft AUAR and draft mitigation plan as accurate and
_ complete.
C. CDBG FUNDING RECOMMENDATIONS (Resolution)
Official notice of this public hearing was published in the February 28, 2008,
Eden Prairie News.
Synopsis: The 2008 CDBG allocation is $256,033.00, which is approximately 4%
less than the 2007 allocation. The regulations stipulate that public service funding
may not exceed 15 percent of the City's total allocation,plus 15 percent of the
previous year's program income ($110,890). For the 2008 program year, funding for
public services totals $46,000. The Human Services Review Committee reviewed the
2008 CDBG proposals and recommended the following activities be funded.
ANNOTATED AGENDA
March 18, 2008
Page 7
# Human Services Activity Funding County
Level Priority
1 PROP (People Reaching Out to Other $13,000 High
People)
2 YMCA(Child Care Subsidy) $8,000 High
3 HOME (Household& Outside Maintenance $8,000 High
for the Elderly)
4 HomeLine (Tenant's Advocacy Service) $5,000 High
5 Emergency Vehicle Repair $12,000 High
Sub Total $46,000
Housing Activities Funding County
Level Priority
6 Housing Rehabilitation Deferred Loan $116,684 High
Program
7 Affordable Housing/Land Trust $65,200 High
8 Fair Housing Initiative $2,560 High
9 Program Administration $25,589
Grand Total $256,033
2008 Allocation Process
The discussion of how to distribute the 2008 CDBG funds through the Human
Services Review Committee included a complete review of all"Request for Funding"
applications and the distribution percentage of funds in 2007. The Committee's goals
were to have the best and highest use of these funds for human services that
demonstrated the most direct benefit to the community.
Description of Public Service Funding
• HomeLine will receive their requested amount of$5,000, the same amount they
received in 2007, which is 1.95% of the 2008 funding.
• PROP will receive their requested amount of$13,000, the same amount they
received in 2007, which is 5.08% of the 2008 funding...
• YMCA will receive their requested amount of$8,000, which is 3.12% of the
2008 funding. The YMCA program provides quality childcare service at Eden
Prairie elementary schools for before and after school care.
• HOME will receive their requested amount of$8,000, which is the same amount
they received in 2007, which is 3.12% of the 2008 funding.
• Emergency Vehicle Repair program will receive their requested about of
$12,000 or 4.69% of the 2008 funding. This program, which is administered at no
cost to the City of Eden Prairie by Community Action Partnership of Suburban
Hennepin(CAPSH), estimates spending $3,000 per quarter in emergency vehicle
repairs.
MOTION: Move to adopt Resolution approving the use of 2008 CDBG
funds as recommended by the Eden Prairie Human Services Committee.
ANNOTATED AGENDA
March 18, 2008
Page 8
D. UTILITY FEE SCHEDULE AMENDMENTS (Resolution)
Official notice of this public hearing was published in the March 6, 2008,Eden
Prairie News.
Synopsis: A number of items emerged in 2007 that resulted in this proposal to
amend a number of City fees—discussion with the BAC regarding utility
sustainability, a dry spring and early summer resulting in an unusually high number
of lawn irrigation violations and the request by the Riley-Purgatory-Bluff Creek
Watershed District to transfer Local Government Unit(LGU) status to the City.
Council had an opportunity to review the changes at the March 4 City Council
meeting. This resolution incorporates those changes as discussed.
MOTION: Move to:
• Close the public hearing; and
• Adopt Resolution Amending the Fee Schedule for Fees associated
with Stormwater Utility, Water Utility and Wetland Services.
E.
X. PAYMENT OF CLAIMS
MOTION: Move approval of the Payment of Claims as submitted
(Roll Call Vote).
XI. ORDINANCES AND RESOLUTIONS
A. FIRST READING OF ORDINANCE AMENDING CITY CODE SECTION
11.70 RELATING TO DYNAMIC DISPLAYS (Tabled)
Synopsis: The staff has amended the ordinance in the following areas.
1. Dynamic display would be permitted in the TC-C (commercial) district of the
Town Center. There are 3 sub-districts of the Town Center, including
commercial, mixed use and residential. Dynamic display would be prohibited in
the TC-MU (mixed use) and TC-R(residential) districts of the Town Center.
2. Dynamic display would be permitted in the Public (PU) district. This would
apply to schools,parks, and churches.
3. Allow 35% of a sign area to be dynamic. There are signs with dynamic display
in the City. The amount of dynamic display per sign varies from 15-35% of the
sign area. The City of Minnetonka allows a dynamic display to occupy no more
than 35 percent of the actual copy and graphic area.
The code currently prohibits dynamic display. There are existing dynamic display
signs in the City that were built prior to the code change in 2005 that prohibits any
illuminated sign that changes in either color or intensity of light, flashes, scrolls, or is
animated. The proposed ordinance would be permissive and includes provisions
relating to location, size, time, brightness and maintenance standards.
ANNOTATED AGENDA
March 18, 2008
Page 9
The staff recommendation to the Planning Commission for time change was once
every 24 hours. The Planning Commission felt that a standard of once every 20
minutes would be more reasonable and consistent with the City of Bloomington and
Minnetonka.
There are existing dynamic display signs in the City.
• Purgatory Creek Recreation Area- 77 sf. Dynamic display - 27 sf(35%.)
• Walgreens at Hwy 5 and Eden Prairie Road- 80 sf. Dynamic display- 24 sf
(30%)
• Kowalski's at Hwy 5/Eden Prairie Road—78 sf. Dynamic display - 20 sf(26%).
• SuperAmerica at Hwy 5/Eden Prairie Road—80 sf. Dynamic display - 12sf
(15%).
MOTION: Move to:
• Remove from table and reopen discussion; and
• Approve 1st Reading of the Ordinance relating to signs with dynamic
display.
B. SECOND READING OF ORDINANCE AMENDING CITY CODE SECTION
11.70 RELATING TO DYNAMIC DISPLAYS
Synopsis: This code change is adding definitions and regulations relating to signs
with dynamic display.
MOTION: Move to approve 2nd Reading of the Ordinance relating to
signs with dynamic display and adopt Resolution approving Summary
publication.
XII. PETITIONS, REQUESTS AND COMMUNICATIONS
XIII. APPOINTMENTS
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
1. National League of Cities Conference—Council Member Aho
B. REPORT OF CITY MANAGER
1. Report on Federal Legislative Advocacy Trip
2. Town Hall Meeting
3. Commission Banquet
C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
ANNOTATED AGENDA
March 18, 2008
Page 10
D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
MOTION: Move to adjourn the City Council meeting.
ITEM NO.: VI.A.
UNAPPROVED MINUTES
CITY COUNCIL/FLYING CLOUD AIRPORT ADVISORY COMMISSION
WORKSHOP & OPEN PODIUM
TUESDAY, MARCH 4, 2008 CITY CENTER
5:00—6:25 PM, HERITAGE ROOM II
6:30—7:00 PM, COUNCIL CHAMBER
CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Sherry Butcher, Jon
Duckstad, and Kathy Nelson
CITY STAFF: City Manager Scott Neal, Police Chief Rob Reynolds, Fire Chief George Esbensen,
Public Works Director Eugene Dietz, Community Development Director Janet Jeremiah, Parks and
Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, Assistant to the
City Manager Michael Barone, City Attorney Ric Rosow, and Recorder Lorene McWaters
FLYING CLOUD AIRPORT ADVISORY COMMISSION: Rick King, Chair; Jeff Larsen,
Vice Chair; Commission Members Joe Harris, Greg McKewan, Mark Michelson, Kurt Schendel,
Brad Stratton; Scott Kipp, Staff Liaison
Heritage Room II
Mayor Young called the meeting to order at 5:35 p.m.
I. 2007 ACCOMPLISHMENTS
FCAAC Chair Rick King reviewed the Commission's 2007 accomplishments. King said
the Commission was very active in 2007, and were pleased that the Council approved
their request to hold meetings every two months rather than quarterly.
King said the Commission prepared and presented two reports to the Council in 2007—
one on helicopter flight activity and one on airfield security. To address helicopter noise
concerns voiced by residents and Council Members, King said the Commission worked
with the FAA and MAC to encourage creation of a new arrival/departure route that
directs helicopter traffic south and then up the river.
Regarding security, the Commission held a special meeting that includes representatives
of a variety of agencies, which were asked them to review security at the airfield and
make recommendations. Several recommendations were implemented, including
installation of 16 new high intensity lights, replacement of some older lights, addition or
replacement of 250 signs, and updating the security manual.
In the area of education and information, the Commission added a public comment
section to its regular agenda. Guest speakers at meetings in 2007 included MAC Chair
Council Workshop Minutes
March 4, 2008
Page 2
Jack Lanners, MAC Executive Director Jeff Hamiel, Reliever Airports Advisory Council
Chair Glenn Weibel, and Air Methods local manager Ron Muntifering.
King said MAC's CIP plan for 2008-2014 includes a $3.8 million sewer and water
project at FCM and extension of runway 10L/28R in 2008 and 10R/28L in 2009. He said
the Commission will continue to monitor these projects as they proceed.
The Commission also reviewed and commented on the City's Comprehensive Guide Plan
Update.
In the area of communication, the commission worked with the City's Communications
Department to redesign the Commission's website and conducted 1:1 meetings with
businesses based at the airport. The MAC FCM Operator of the Year Award was
presented to Kurt Schendel of Modern Avionics. King said there have been"spirited"
meetings with groups of residents and pilots in attendance. He said the Commission
welcomes input from all interested groups.
The commission also reviewed MAC's adherence to the Final Agreement, and
determined it is on track.
II. 2008 WORK PLAN
Vice Chair Jeff Larsen reviewed the Commission's proposed goals for 2008 (which are
the same as 2007), which are to continue to focus on providing education and information
about FCM to various constituent groups, to increase visibility of and communications
from the Commission, and to continue to monitor the Final Agreement.
III. THANKS TO OUTGOING COMMISSIONERS & STAFF
King praised the high level of support provided by Staff Liaison Scott Kipp and Recorder
Carol Pelzel. He also thanked outgoing Commissioner Brad Stratton and welcomed
incoming Commissioner Judith Gentry(who was in the audience).
IV. DISCUSSION
Council Member Aho asked whether or not the planned sewer and water improvements
are expected to spur other improvements at the airport. Joe Harris said that is MAC's
hope, but he also noted that only about 20 hangars are ready for hook-up. Harris said
MAC Chair Jack Lanners has directed MAC staff to submit a redevelopment ordinance
for consideration. Nelson said she has been concerned with the condition of some of the
hangars for some time. Harris said that MAC investment at FCM has been minimal in
recent years,but now that funds are starting to be invested they expect to see acceleration
of improvements. King said he has told the MAC Chair and Director that some changes
are needed at FCM.
Council Workshop Minutes
March 4, 2008
Page 3
Aho asked if lengthening the runways will increase safety and reduce the level of takeoff
noise. Harris said that is the expectation. Nelson asked why MAC thinks expansion will
result in increased aviation since takeoffs have been decreasing in recent years. Harris
said air traffic levels have actually been fluctuating since 2001, rather than continuously
decreasing. King said he expects to see an increase in corporate air traffic at FCM.
Butcher suggested that the Airport and Commission hold an open house for nearby
residents to allow them to become more familiar with the airport business owners and
their operations. King said the Commission will discuss this idea.
Council Chamber
II. OPEN PODIUM
A. JERRY PITZRICK—COMPREHENSIVE GUIDE PLAN AND POWER
LINES
Mr. Pitzrick raised the issue of placement of power lines in the Major Center
Area. He said the Planning Commission and City Council need to review options
and good cost estimates for relocating power lines. Mayor Young said
Community Development Director Janet Jeremiah will address this issue during
the regular Council meeting.
B. LAURA BLUML—WATER FEES
Ms. Bluml offered a number of opinions on the proposed water rate changes.
IV. ADJOURNMENT
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, MARCH 4, 2008 7:00 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Sherry Butcher, Jon
Duckstad and Kathy Nelson
CITY STAFF: City Manager Scott Neal, Parks & Recreation Director Jay Lotthammer, Public
Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director
Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Jan Curielli
I. ROLL CALL/CALL THE MEETING TO ORDER
Mayor Young called the meeting to order at 7:00 PM.
II. COLOR GUARD /PLEDGE OF ALLEGIANCE
Mayor Young thanked Cub Scout Pack 479 from Cedar Ridge Elementary School for
presenting the colors.
III. OPEN PODIUM INVITATION
IV. PROCLAMATIONS/PRESENTATIONS
A. RECOGNITION OF SHOPPING BUS VOLUNTEERS
Young said the Shopping Bus is a collaboration of the City of Eden Prairie,
SouthWest Transit, FamiLink Resource Center and several local social services
agencies. It was started in 2004 as a way to help disabled and senior citizens who
live independently get to various shopping destinations once a week.
Mary Keating, Housing& Community Services, introduced each of the Shopping
Bus volunteers and noted they are the backbone of the system. Young said the
Shopping Bus is a wonderful service and thanked all of the volunteers.
B. RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT
Michael Casanova, Chair of the Riley-Purgatory-Bluff Creek (RPBC) Watershed
District, reviewed the work of the RPBC Watershed District. He said it comprises
about 47 square miles, including a significant portion of Eden Prairie. The five
members on the RPBC Board are appointed by Carver County and Hennepin
County. The Watershed District has the power to levy and spend money, with 80%
of the funds coming from Hennepin County and 20% from Carver County. They
have no employees and rely on the use of consultants in order to make the most of
the funds available for projects. There is a ten-member Citizen Advisory
Committee that meets with the coordinator, reviews non-degradation plans, and
CITY COUNCIL MINUTES
March 4, 2008
Page 2
recommends and prioritizes projects. There is a Technical Advisory Committee
composed of ten engineers or city staff members from six municipalities in the
Watershed District. He reviewed their ten-year plan and the projects they expect to
work on during that time. He noted any of the municipalities can petition the RPBC
Board to include a project in the work plan.
Mayor Young thanked Mr. Casanova for his report and for the hard work of the
RPBC Board Members.
C. CEMETERY TASK FORCE REPORT
Stu Fox, Parks &Natural Resources, introduced Lee Wenzel, the Chair of the
Pleasant Hill Cemetery Task Force. Mr. Wenzel reviewed the charter for the task
force that was appointed in 2005 and presented the recommendations from their
report. He said the task force reviewed the rules and regulations, the current supply
and demand for lots, and the general aesthetics of the cemetery. They
recommended improvements to be added in the 2006-2010 Capital Improvement
Plan (CIP).
Butcher said she believed the recommendations were right on, and she thought the
cemetery has a look that needs upgrading. She asked about the number of graves
left. Wenzel said there are 478, or about one-third, remaining for sale.
Butcher asked if there is easy access to Section 3. Wenzel said there are two gates
now, and they have suggested extending the drive at the second gate to go to the
end of the property. He noted there is also a gate to the Pax Christi parking lot that
is frequently used. Butcher said she was concerned about the access to Section 3,
and she thought extending the drive would be helpful.
Aho said there are a number of recommendations that sound necessary, and he
asked if they have any idea of the cost for the improvements. Wenzel said the issue
of cost was really beyond the scope of the task force. There were significant funds
for perpetual care that became available when the City acquired the cemetery, but
the task force did not discuss those aspects.
Young said the second part of the proposed motion before the Council directs staff
to prepare the necessary paperwork to implement the recommendations, and he
wanted to make sure of what the Council would be voting on. Neal said it would be
to begin the paperwork or necessary plans to implement the recommendations,
including investigation of revenue sources. Young thought the proposed motion
should be changed to be more specific as to which recommendations are being
voted on.
Fox said there will be several documents coming back to the City Council on this
item, including rules and regulations that must be adopted as a resolution. The
capital outlay items will come back to the Council for approval. He said the City
Council is the official Cemetery Board. Young asked if that means the motion does
not contemplate the expenditure of capital funds. Neal said the recommendations
CITY COUNCIL MINUTES
March 4, 2008
Page 3
are not included in our current CIP, and staff would need to bring the
recommendations through the process.
Duckstad asked if they are not including any specific recommendations in the
motion. Fox said they would bring recommendations back to the Council as
necessary.
Butcher asked if that means we are just receiving the report. Young said that was
how he viewed it.
MOTION: Butcher moved, seconded by Duckstad to accept the Pleasant Hill
Cemetery Task Force Report dated March 4, 2008. Motion carried 5-0.
D. RECEIVE THE FLYING CLOUD AIRPORT ADVISORY COMMISSION
2007 REPORT AND APPROVE THE 2008 GOALS AND WORK PLAN
Rick King, Chair of the Flying Cloud Airport Advisory Commission, reviewed
their 2007 report and their 2008 goals and work plan. He noted many of the 2007
goals are continued in 2008. The commission changed from quarterly meetings to
meeting every other month. The commission prepared a report on helicopter traffic
at the airport at the request of the City Council. He said they plan to continue to
work very hard on their relationship with the Metropolitan Airports Commission
(MAC) and local organizations. They received an extensive presentation from
Laura Neuman, representing the Zero Expansion organization.
Jeff Larsen, Vice Chair of the commission, said they strive to reduce the impact of
airport noise on the community. They advise the City Council about airport matters
as requested. They continue the review and monitoring of the Final Agreement in
cooperation with MAC, and will continue to encourage input from the public
concerning issues at Flying Cloud Airport. They will schedule speakers who are of
interest to the commission in order to stay up to date with technology. They plan to
continue the interchange of ideas and information between the airport,the City of
Eden Prairie, MAC, FAA, citizens and businesses. They review the data on noise at
the airport at each commission meeting.
Nelson thanked the commission members for all they did on airport noise issues
last year. She was grateful the City Council can forward complaints from citizens to
the commission to investigate. She thought their security report was good and noted
that is a continuing interest of hers. Larsen said the security report was the first they
know of in the United States, and Tom Heffelfinger was instrumental in developing
that report.
Young noted the Council is very appreciative of the commission's work.
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Young added two items under XIV.A. REPORTS OF COUNCIL MEMBERS. Neal
added Item XIV.B. 2 Preview of Pay 2008 Tax Statement.
CITY COUNCIL MINUTES
March 4, 2008
Page 4
MOTION: Butcher moved, seconded by Nelson, to approve the agenda as amended.
Motion carried 5-0.
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, FEBRUARY 12, 2008
MOTION: Aho moved, seconded by Nelson, to approve the minutes of the
Council Workshop held Tuesday, February 12, 2008, as published. Motion carried
5-0.
B. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 12, 2008
MOTION: Butcher moved, seconded by Duckstad, to approve the minutes of the
City Council Meeting held Tuesday, February 12, 2008, as published. Motion
carried 5-0.
VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
VIII. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. KINDERBERRY HILL Second Reading of Ordinance 4-2008-PUD-4-2008 for
Planned Unit Development District Review with waivers on 5.13 acres and Zoning
District Amendment in the Office Zoning District on 1.6 acres and Resolution
2008-30 for Site Plan Review on 5.13 acres. Location: Hennepin Town Road&
Pioneer Trail. (Ordinance No. 4-2008-PUD-4-2008 for PUD District Review
with waivers and Zoning District Amendment; Resolution No. 2008-30 for Site
Plan Review)
C. PRESBYTERIAN HOMES EDEN PRAIRIE REDEVELOPMENT Second
Reading of Ordinance 5-2008-PUD-5-2008 for Planned Unit Development District
Review with waivers and Zoning District Change from RM-2.5, RM-6.5 and
Commercial Regional Service to RM-2.5 and Community Commercial on 21.3
acres, Resolution 2008-31 for Site Plan Review on 21.3 acres. Location: Southwest
of Prairie Center Drive, east of Columbine Road & west of Highway 212.
(Ordinance No. 5-2008-PUD-5-2008 for PUD District Review with waivers and
Zoning District Change; Resolution No. 2008-31 for Site Plan Review)
D. APPROVE SECOND READING OF ORDINANCE NO. 6-2008 AMENDING
CITY CODE SECTION 9.01 AND ADOPT RESOLUTION NO. 2008-32
APPROVING SUMMARY PUBLICATION
E. APPROVE SECOND READING OF ORDINANCE NO. 7-2008 AMENDING
CITY CODE SECTION 4.50
F. AWARD COMMUNITY CENTER CONCESSIONS SUPPLIER CONTRACT
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March 4, 2008
Page 5
G. AWARD COMMUNITY CENTER VENDING CONTRACT
H. AWARD COMMUNITY CENTER INDOOR PLAY STRUCTURE
CONTRACT
I. APPROVE PROPOSAL FROM BARR ENGINEERING TO PROVIDE
WETLAND CONSERVATION ADMINISTRATION SERVICES, I.C. 08-5713
J. APPROVE CHANGE ORDER FOR MONITORING BOG Y AT
BEARPATH, I.C. 06-5674
K. DECLARE OBSOLETE COMPUTER EQUIPMENT AS SURPLUS AND
AUTHORIZE DISPOSAL OF THE PROPERTY
MOTION: Aho moved, seconded by Butcher, to approve Items A-K on the
Consent Calendar. Motion carried 5-0.
IX. PUBLIC HEARINGS/MEETINGS
A. AMENDMENT TO 2007 CDBG BLOCK GRANT ACTION
Neal said the official notice of this public hearing was published in the January
31, 2008,Eden Prairie News. The 2007 Community Development Block
Grant Action Plan did not specify the use of funds for the operation of a
transitional home. Therefore, to be in compliance with HUD regulations, the
formal action of reallocating the funds is necessary. The subrecipient of the
CDBG funds will contract with a human services agency to provide a program
designed to assist families in developing a stable self-sufficient lifestyle. The
human services agency will work with the family to develop goals in
education, employment, housing,budgeting and other areas related to self-
sufficiency. In addition they will examine long term strategies that will ensure
permanent housing and a stable living environment. The subrecipient will
provide the City with a semi-annual report on the progress of the family and
the performance of the human services agency which is assisting the family.
The subrecipient will keep the City informed of any complaints against the
family and a detailed plan to resolve complaints in a timely fashion.
Molly Koivumaki, Housing & Community Services Manager, said we have
been working with local churches on the operation of a transitional home
program. We would contract with a human services provider to work with the
residents while they live at the home. She said there is a lot of need for family
stability, and this would be intended for those families that have a high degree
of success and have a lot of skills and resources available but are facing
challenges that might force them to leave the City. There is a two-year
maximum for the program so that by the end of that time they should be ready
to be self-sufficient.
Nelson asked if this housing would be for a family that needs time to get re-
educated and would not be for prisoner placement or drug rehabilitation.
CITY COUNCIL MINUTES
March 4, 2008
Page 6
Koivumaki said it would be for people that have lived here in Eden Prairie and
have children in school, such as military families, someone who has had a
death in the family, or home foreclosure situations. We are not looking at
placement of offenders or drug rehabilitations. Nelson said it sounds like a
great program.
Basil Wisner, 8293 Mitchell Road, asked if this item is the same as the one
noticed in the Eden Prairie News of February 28 for a public hearing on the
CDBG for March 18. Neal said this item deals with 2007 dollars, and the
March 18th meeting is for the 2008 allocation.
MOTION: Butcher moved, seconded by Nelson, to close the Public Hearing and
to approve the reallocation of $260,000 in Block Grant funds for affordable
housing acquisition, to a subrecipient, as a grant to be used to purchase real estate
and to operate that property as transitional housing for eligible families. Motion
carried 5-0.
B. FIRST READING OF ORDINANCE AMENDING CITY CODE SECTION
11.70 RELATING TO DYNAMIC DISPLAYS
Neal said official notice of this public hearing was published in the February
21, 2008,Eden Prairie News. He said this is a request to approve first reading
of an ordinance amending City Code Chapter 11, Section 11.70 relating to
signs with dynamic displays. The following changes are proposed which
includes adding definitions and regulations relating to signs with dynamic
display:
1. Create new"Dynamic Display" definition in City Code.
2. Permit dynamic displays to change instantaneously once every 20 minutes.
3. Establish a measurable brightness level
4. Prohibit dynamic displays from using video, animation, or any appearance
of movement.
5. Establish a requirement for a written certification from the sign
manufacturer that the sign has been preset to limit the maximum light
intensity.
6. Establish LED brightness standards that require signs to be equipped with a
mechanism to control the sign's brightness.
7. Require dynamic display owners to provide an accurate field method of
insuring that maximum light levels are not exceeded.
8. Establish the city's authority to disable or turnoff a sign that malfunctions in
a manner that creates excessive glare or brightness.
9. Permit dynamic displays in the Commercial Regional, Commercial
Regional Service, Community Commercial,Neighborhood Commercial,
Office, Town Center and Industrial Districts.
10. Prohibit dynamic displays in all residential districts, public and golf course
districts.
Neal said the billboard signs along Highway 212 are in the Rural Zoning District
and would be prohibited from converting to a dynamic display sign. The Planning
CITY COUNCIL MINUTES
March 4, 2008
Page 7
Commission voted 7-0 to recommend approval at the January 28, 2008 meeting
with the stipulation that signs may change once every 20 minutes.
Jeremiah pointed out a change to No. 8 that was recommended by the City
Attorney to require the owner to turn off the sign rather than the City doing so.
She presented a PowerPoint presentation about the proposed dynamic display
ordinance. She said there are some aspects of the current regulations that deal
with motion, but there were some areas that were deficient, especially with
regard to LED displays. Staff recommends creating a definition of dynamic
display and establishing time limits, brightness level, sign maintenance and
locations for the dynamic displays. She noted the Planning Commission had
quite a bit of discussion on this and recommended we match Minnetonka and
Bloomington's requirements that the signs be able to change every 20 minutes
rather than every 24 hours.
Richard Proops, 9408 Clubhouse Road, said he thought gas and fuel stations
price displays should be put in the same category as time and temperature.
Basil Wissner, 8293 Mitchell Road, asked if this ordinance will make us the
leaders in dynamic display standards.
Greg Rendall, President of the Minnesota Sign Association, said he is on a
commission at the State that is working on coming up with a model City
ordinance for brightness of signs and brightness of lights. They are putting
together something to be used as a model. He noted the City of Eden Prairie
signs change every eight seconds. He asked the Council to consider using the
model State ordinance.
MOTION: Aho moved, seconded by Nelson, to close the Public Hearing. Motion
carried 5-0.
Young asked what the effect of the ordinance would be on the sign at
Riley/Purgatory Creek Park. Jeremiah said that would be a policy decision because
the sign is in place now and the ordinance would deal only with new signs. She said
staff believes it makes sense to be consistent with the ordinance.
Young said most of the examples were billboard signs which would be specifically
precluded in rural zones, and he asked what we can expect from property owners.
He thought some of it makes a lot of sense as far as brightness and location, and the
only portion he disagreed with was the time limitation which he thought seems kind
of arbitrary.
Jeremiah said this would allow additional signs on any property only if they are
already under the limit with regard to the number or the area of signs. Young then
asked what the limit imposed is. Jeremiah said there are a lot of different
regulations in the sign code depending on the type of commercial district and the
number of frontages, so it is difficult to summarize.
CITY COUNCIL MINUTES
March 4, 2008
Page 8
Young asked if most of the property owners use the maximum signage as they go
through the planning process. Jeremiah replied they generally do and we
occasionally grant waivers. The reason for the change to the public signs is because
we have granted some waivers in the past. Young said he did not think we will be
overwhelmed by dynamic displays in the City. He thought the primary concern was
with billboards.
Nelson asked if this applies only to free-standing signs, not wall signs. Jeremiah
said the ordinance states dynamic signs must be free-standing. Nelson asked if that
means anyone that has a free-standing sign could turn it into a dynamic sign.
Jeremiah said they would have to reduce the size if the existing sign is oversize.
Nelson asked if there are any large commercial buildings that have large signs and
asked why we have to have the same regulation for large and small signs. Jeremiah
said the brightness and changing character of the sign can be distracting or a
negative aesthetic so we have limited those aspects.
Nelson said if you are going to take one of the larger pole signs around the mall and
turn that into a small billboard with an LED sign, that would be a problem if it
changes every 20 minutes. She was more concerned about how a large pole sign
could change the look of Eden Prairie. She was concerned about putting both types
of signs into the ordinance in the same way. She thought the time change was too
often for the large LED sign but may be appropriate for the small sign. She didn't
want to see the large pole signs become all LED signs at some point.
Aho said we currently have billboards on Hwy 212 and asked if there are any other
locations within the City where billboards are allowed. Jeremiah said billboards are
currently prohibited in the City, so those could not be converted to LED. Aho said
if there is no area in the City where someone could construct an LED-illuminated
billboard sign, a lot of attention is going to something that can't come into
existence.
Butcher thought we will hear from residents if we get a large cluster of LED signs.
She asked about the worst case scenario in terms of the largest number of signs and
how large could they possibly be and still fit the definition. She said the proposed
ordinance states there should be no adverse impact on residential character. She
was worried about the aesthetics and also about busy signage causing confusion in
the Major Center Area(MCA).
Jeremiah said we have about 1800 businesses in the City that could conceivably
want to change over to LED signs. She didn't know what the largest sign is because
there have been a number of variances issued over time. Regarding the MCA, we
do have the PUD tool in the Town Center area to try to regulate impacts when there
are residences above commercial facilities.
Butcher said once the ordinance is in place and we get a lot of comments from
residents, it would be to allow some and then cut it off She had some concerns
about the MCA and what our goals are for that area.
CITY COUNCIL MINUTES
March 4, 2008
Page 9
Duckstad said staff is recommending we follow the Minnetonka and Bloomington
LED models. He asked if those cities have been sued and, if so, what was the
outcome. Rosow replied Minnetonka was sued prior to the institution of the
ordinance. The signs went up and Minnetonka thought they had the authority to
regulate the signs, so the City turned off the signs and subsequently went through
several different court hearings. The ordinance adopted by Minnetonka was in
response to the law suit and was a compromise of the positions. He was not aware
of any further decisions in the law suit.
Young said we may have 1800 properties that could be affected but he didn't
believe a majority will take out their wall signs to use dynamic displays. He
thought if there is legislation being contemplated by the State, maybe we should
see what that is and not take action tonight.
Nelson said she would like to have staff come back with this item. She thought it
might be useful to take a picture of some of the larger pylon signs around town and
show what those would look like with a dynamic display. She would like to get a
little better visual image of this. She was bothered by why an 8X10 foot sign is
considered the same as the gas station sign.
Neal said it doesn't sound like there is a majority ready to vote for the ordinance.
He asked when the moratorium expires. Rosow said the ordinance was adopted for
a period of one year, and he thought it was adopted in March of last year. Neal
asked if the Council has the discretion to extend the existing ordinance. Rosow said
he believes the Council has the authority to extend the moratorium,but he would
have to research that question. Neal suggested staff spend some extra time with
Council Members and hear their concerns if we have some time available, so we
could table the discussion now until later in the meeting when we have an
understanding of the options.
MOTION: Duckstad moved, seconded by Butcher, to table the matter. Motion
carried 5-0.
C. FIRST READING OF ORDINANCE AMENDING CITY CODE SECTION
11.70 RELATING TO SIGN PERMITS
Neal said official notice of this public hearing was published in the February
21, 2008,Eden Prairie News. There are four minor changes proposed to the
sign ordinance:
1. Allow buildings in the public district to have an 80 square foot sign on one
street frontage and 36 square feet for other frontages.
2. Allow buildings in the public district to have a 50 square foot sign per wall
per street frontage and one 30 square foot sign per accessory use on the
ground floor elevation.
3. The code currently exempts religious symbols from being included in the
calculation of sign area for wall signs and free standing signs. The
exemption is stated in two different paragraphs. The editing change is to
combine the requirements into one paragraph.
CITY COUNCIL MINUTES
March 4, 2008
Page 10
4. Change "Airport District"to "Airport."
Neal said the proposed changes to the public district will treat signs in a similar
manner to commercial, office, and industrial districts by allowing signs per
frontage rather than a sign per lot. It will also permit slightly larger but more
readable signs on the wall of the building. The change relating to airport signs
eliminates the word district since there is no airport zoning district. The Planning
Commission voted 8-0 to recommend approval of the code changes at the January
28, 2008, meeting.
There were no comments from the audience.
MOTION: Aho moved, seconded by Duckstad, to close the Public Hearing and to
approve 1st Reading of the Ordinance amending City Code Chapter 11, Section
11.70, relating to the Public District and Airport sections of the Sign Ordinance.
Motion carried 5-0.
D. FIRST READING OF ORDINANCE AMENDING CITY CODE SECTION
11.51 RELATING TO STANDARDS OF PROTECTION FOR WETLANDS
Neal said official notice of this public hearing was published in the February
21, 2008,Eden Prairie News. Eden Prairie first adopted the Wetland
Protection Code on February 10, 2000. Standards were added for adoption of
Local Government Unit(LGU) status for Lower Minnesota River Watershed
District as the District did not have the resources to provide Wetland
Conservation Act(WCA)review.
This amendment incorporates changes to address the following:
1. Adoption of LGU status for Riley-Purgatory-Bluff Creek Watershed District.
RPBCWD passed a resolution in December 2007 that they would no longer
provide WCA services after April 2008 for the City of Eden Prairie.
Development issues within RPBCWD are more complex than those incurred
with the Lower Minnesota LGU responsibilities and additional provisions were
required prior to adoption of this amendment.
2. Revisions to WCA that were made in 2007.
3. Incorporation of proposed revisions to the Nine Mile Creek Watershed District
(NMCWD) to wetland rules which are scheduled to be adopted by the District
Board on March 19, 2008.
4. Miscellaneous housekeeping items that have arisen in day to day application of
the ordinance.
Neal said the Planning Commission voted 6 to 0 to recommend approval of the
changes to the Wetland Ordinance and incorporation of comments made during the
February 11, 2008, meeting.
Leslie Stovring, Environmental Coordinator, said this item is related to a change in
the Wetland Act and changes in the rules of the Nine-Mile Creek Watershed
District. The City of Eden Prairie will be the Local Government Unit (LGU) for
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March 4, 2008
Page 11
RPBC and the Lower Minnesota River Watershed Districts. Barr Engineering will
be hired as consultant, and there will be a little additional staff time involved. There
are a few minor changes to the fee schedule, and a lot of definitions are changing.
She reviewed the changes and clarifications to the definitions and the general
provisions. Guidelines were set up for review and approval, and provisions have
been included to allow for the collection of additional fees from proponents to
cover staffing costs and other financial impacts.
There were no comments from the audience.
MOTION: Nelson moved, seconded by Butcher, to approve First Reading of an
Ordinance Amending City Code Section 11.51 relating to standards for the
protection of wetlands. Motion carried 5-0.
Dietz noted that environmental regulations have been an ever changing target. He
thought this is a growing area, and it could have some additional financial impact in
the future in terms of staffing and other costs.
Young asked why the Watershed District is getting out of the business. Dietz said
they have different priorities now. Neal said this is not something we sought,but
the Watershed District has the ability to impose it on cities unilaterally, even
though we told them we weren't interested.
Regarding tabled Item IX.B. FIRST READING OF ORDINANCE AMENDING CITY
CODE SECTION 11.70 RELATING TO DYNAMIC DISPLAYS, Young said we have
determined the moratorium has expired so we cannot extend it. He suggested we put the item on
the agenda for the next meeting. Neal said staff will talk to each Council Member to determine
where consensus is.
X. PAYMENT OF CLAIMS
MOTION: Duckstad moved, seconded by Butcher, to approve the Payment of Claims as
submitted. The motion was approved on a roll call vote, with Aho, Butcher, Duckstad,
Nelson and Young voting "aye."
XI. ORDINANCES AND RESOLUTIONS
XII. PETITIONS, REQUESTS AND COMMUNICATIONS
XIII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
XIV. APPOINTMENTS
A. COMMISSIONS
Neal said the City Council held Commission interviews on Monday, February 25,
2008. Twenty-six candidates applied overall for consideration; 11 new applicants
and 15 candidates seeking reappointment. Twenty candidates are being designated
for Commission appointments on March 4, 2008; eight appointed for the first time,
and 12 reappointments. Appointments are being made to all Commissions except
CITY COUNCIL MINUTES
March 4, 2008
Page 12
the Budget Advisory Commission; no positions were available on the BAC this
year. All terms of appointment are scheduled to begin on April 1, 2008. A City
Commission Orientation session will be held on Wednesday, March 26, 2008, for
all new and re-appointed Commission members being appointed tonight prior to the
formal start of their Commission terms.Neal noted Karen Busack is unable to
accept appointment to the Arts & Culture Commission, so staff is recommending
Ana Armstrong be appointed instead.
MOTION: Duckstad moved, seconded by Nelson, to appoint to the Arts & Culture
Commission: Ana Armstrong and Elizabeth Petry-Lee—Terms to expire March 31,
2011. Motion carried 5-0.
MOTION: Butcher moved, seconded by Duckstad, to appoint to the Conservation
Commission: Ray Daniels and Geneva MacMillan—Terms to expire March 31,
2011. Motion carried 5-0.
MOTION: Aho moved, seconded by Butcher, to appoint to the Flying Cloud
Airport Advisory Commission: Rick King, Greg McKewen, and Judith Gentry—
Terms to expire March 31, 2011. Motion carried 5-0.
MOTION: Nelson moved, seconded by Duckstad, to appoint to the Heritage
Preservation Commission: Nina Mackay, Ed Muehlberg, and Kathy Veurink—
Terms to expire March 31, 2011. Motion carried 5-0.
MOTION: Duckstad moved, seconded by Aho, to appoint to the Human Rights and
Diversity Commission: Kelly Brandon—Term to expire March 31, 2010; and
Mohamed Duale and Marcy Harris—Terms to expire March 31, 2011. Motion
carried 5-0.
MOTION: Butcher moved, seconded by Duckstad, to appoint to the Parks,
Recreation&Natural Resources Commission: Lee Elliott-Stoering and Geri Napuck
—Terms to expire March 31, 2011. Motion carried 5-0.
MOTION: Aho moved, seconded by Nelson, to appoint to the Planning
Commission: John Cadman—Term to expire March 31, 2010; and John Kirk, Jon
Stoltz, and Catherine Lechelt—Terms to expire March 31, 2011. Motion carried 5-
0.
B. BOARD OF APPEAL AND EQUALIZATION
Neal said the proposed members for Council approval are experienced real estate
professionals with extensive knowledge of real estate in the southwest metro area.
The proposed members are: Mike Best of REMAX Results; Brian Duoos of Edina
Realty; Jim Johnson of The Realty House; Annette O'Connor of Coldwell Banker
Burnet Realty; and Patricia Pidcock of Edina Realty.
MOTION: Nelson moved, seconded by Duckstad, to appoint to the Board of
Appeal and Equalization Mike Best, Brian Duoos, Jim Johnson, Annette O'Connor,
and Patricia Pidcock for the period of April 1, 2008, through May 31, 2008, or until
CITY COUNCIL MINUTES
March 4, 2008
Page 13
the Board of Appeal and Equalization completes its work. Motion carried 5-0.
C. CHAIRS AND VICE CHAIRS OF COMMISSIONS
Neal said Chairs and Vice Chairs of commissions are appointed annually by the
City Council following the appointment of members to City Commissions. The
City Council held Commission interviews on Monday, February 25, 2008, and
determined Chair and Vice Chair assignments for the period of April 1, 2008
through March 31, 2009, at this time. City Code Section 2.22, Subd. 5 Officers
states, "the Council shall in March each year choose a chairperson and vice-
chairperson for a Board or Commission to serve for a period of one year." To be
eligible for consideration, City Code states, "a chairperson must have served one
year on the Board or Commission before becoming eligible for appointment as a
chairperson."He noted that John Brill has indicated he would like to be Vice Chair
of the Parks Commission and Geri Napuck has agreed to serve as Chair.
MOTION: Duckstad moved, seconded by Butcher, to appoint Ann Rorem- Chair
and Heather Olson- Vice Chair of the Arts and Culture Commission. Motion
carried 5-0.
MOTION: Butcher moved, seconded by Duckstad, to appoint Don Uram- Chair
and Katherine Kardell -Vice Chair of the Budget Advisory Commission. Motion
carried 5-0.
MOTION: Aho moved, seconded by Duckstad,to appoint Eapen Chacko - Chair
and Laura Jester-Vice Chair of the Conservation Commission. Motion carried
5-0.
MOTION: Nelson moved, seconded by Aho, to appoint Richard King - Chair and
Jeffrey Larsen-Vice Chair of the Flying Cloud Airport Advisory Commission.
Motion carried 5-0.
MOTION: Duckstad moved, seconded by Butcher, to appoint Betsy Adams -
Chair and Ann Higgins - Vice Chair of the Heritage Preservation Commission.
Motion carried 5-0.
MOTION: Butcher moved, seconded by Nelson, to appoint Cari Maguire - Chair
and Pam Spera-Vice Chair of the Human Rights and Diversity Commission.
Motion carried 5-0.
MOTION: Aho moved, seconded by Butcher, to appoint Geri Napuck- Chair and
John Brill -Vice Chair of the Parks, Recreation and Natural Resources
Commission. Motion carried 5-0.
MOTION: Nelson moved, seconded by Duckstad, to appoint Jon Stoltz - Chair
and John Kirk- Vice Chair of the Planning Commission. Motion carried 5-0.
CITY COUNCIL MINUTES
March 4, 2008
Page 14
D. CHAIR AND VICE CHAIR OF BOARD OF APPEAL & EQUALIZATION
Neal said staff recommends the appointment of Patricia Pidcock as Chair and Mike
Best as Vice Chair of the Board of Appeal & Equalization.
MOTION: Duckstad moved, seconded by Aho, to appoint Patricia Pidcock—Chair
and Mike Best—Vice-Chair of the Board of Appeal and Equalization. Motion
carried 5-0.
XV. REPORTS
A. REPORTS OF COUNCILMEMBERS
1. Eden Prairie Girls Hockey Team—Young
Young formally congratulated the members of the Eden Prairie High School
Girls Hockey Team for winning the State tournament recently.
2. Eden Prairie News Article Regarding a Telescope -Young
Young said there was an article in the Eden Prairie News about a telescope
being put at the Outdoor Center. The Council formally accepted the
telescope a couple of years ago. We understood at the time some
accommodation would have to be made to install the telescope. Staff has
done some preliminary estimates, and that is now part of the CIP. We have
not taken any specific action to accommodate the telescope; however, when
that does come, the cost of housing it may dwarf the value of the gift.
Lotthammer said the Parks Commission at the February meeting considered
this as an agenda item. Staff has been investigating soil conditions because
the telescope weighs 1,000 lbs. and must be put on a very secure base. It
will need a covered housing, and there will be some accommodations
needed for the roof The next step would be to go back to the Parks
Commission when we have information on the requirements and understand
the cost implications. We are no more than a couple of months away from
completing that analysis.
Young said if and when it does come back to the Council, it would be
helpful to know the utility of the telescope in the City, and if we decide it is
not a good use of public funds, what do we do with the telescope.
B. REPORT OF CITY MANAGER
1. Federal Legislative Agenda
Neal said there are six items on the agenda and most of them were on last
year's agenda. He didn't think the positions have changed much from last
year.
CITY COUNCIL MINUTES
March 4, 2008
Page 15
Regarding the Homeland Security item on page 288, Aho asked if the
figures in that section were correct. Neal said the amount for FY 2008
should be $43 million, not $4.3 million as stated.
MOTION: Butcher moved, seconded by Aho, to approve proposed
legislative agenda and position narratives; and to authorize City Manager
Scott Neal to speak on behalf of the City of Eden Prairie at the National
League of Cities Congressional Cities Conference. Motion carried 5-0.
2. Preview of Pay 2008 Tax Statements
As a preview of the Pay 2008 Tax Statements,Neal said there are over
19,000 residential properties taxed in the City, of which 54%will have an
overall tax decrease in 2008 compared to 2007, 13%will have an increase
of less than 1%, 31%will have a increase between 2-9%, and 3%will have
a 10% or more increase. He reviewed values and taxes for 2007 and 2008
for a Median Single Family home, a Commercial/Industrial property, and an
Apartment property. He said the tax statements are generated by Hennepin
County and are in the mail.
C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
1. Streetscape and Wayfinding Update
Jeremiah said staff is seeking feedback and providing an update on
streetscape and wayfinding. Last year we began the streetscape master
planning process by starting to implement some of the recommendations for
the MCA where redevelopment projects are occurring, so there was some
urgency to move forward with that. She said the streetscape master plan
includes three different street segments: Prairie Center Drive and Valley
View, Singletree Lane, and the future north/south Main Street. They had
meetings in November for the major stakeholders in the MCA, met with the
Chamber of Commerce, held a joint meeting with the City Council and
Planning Commission. Staff was directed to continue working with the
property owners. On January 31 we held a stakeholder meeting for just
those property owners in the potential Phase 1 Prairie Center Drive area.
The property owners liked the aesthetics of the plan but were less than
enthusiastic about paying for 80% of the cost.
Jeremiah said staff agreed with Presbyterian Homes to delay the streetscape
in front of their parcel until the final phase which will be in 2012. That
gives us four more years to work with property owners along that portion of
Prairie Center Drive. Staff recommends holding off on Prairie Center Drive
streetscape improvements until at least 2012 and, if the Council agrees,
would like to send notices to property owners.
Regarding wayfinding, Jeremiah said there is a lot of interest in getting
some signage going more quickly than 2012. We have continued to work
CITY COUNCIL MINUTES
March 4, 2008
Page 16
with the Chamber of Commerce on wayfinding. Their Phase 1
recommendation related to getting people directed out to the major
highways. She said the Public Works Department believes they have an
adequate budget to pay for some of those signs this year. We are awaiting
the Chamber of Commerce's formal written agreement that they like the
plan and want the City to proceed. We planned to include some of the local
directional signs with the streetscape changes, but there has been some
interest in moving forward with the wayfinding portion ahead of the
streetscape. She said if the Council concurs with that, they would continue
working with the Chamber of Commerce and would come back with a
contract to continue that work.
Jeremiah said the final question has to do with the power lines. The
streetscape master plan began dealing with that issue, but the streetscape
master plan report is not done yet and the budget has run out. We won't get
it to the level of doing cost estimates or exploring cost issues regarding
power lines. She cautioned even if we do underground outside of the Town
Center Area, there isn't a lot more development capacity because of the
roadway limitation.
Jeremiah said she could see streetscape improvements happening earlier on
the section of Singletree Lane adjacent to Bobby& Steve's and Windsor
Plaza redevelopment. Staff is looking at an interim solution on the north
side of Singletree. In summary, Jeremiah said staff is asking the Council if
they agree with three items: letting stakeholders know we are holding off on
the Prairie Center Drive streetscape improvements until 2012; keep working
on wayfinding Phase 2; and get a consultant on board to look more closely
at the power line issue.
Nelson said she definitely thought we should talk to the stakeholders about
putting off Phase 1 until 2012. She would like to continue with Phase 2 of
wayfinding and was interested in getting more information on the easements
and other issues with power lines. She asked if there was any possibility of
doing the work in house. Jeremiah replied the current estimates were done
in house but she was not sure it is a good example. Xcel Energy has not put
this type of line underground before, so we believe it would take some type
of national expert to really look at this issue. She said staff could explore the
possibility of a study and bring back a proposal to the Council. Nelson said
she would like to find out the easement width.
The Council Members concurred with Ms Jeremiah's three requests.
D. REPORT OF PARKS AND RECREATION DIRECTOR
1. Amend Guidelines for Community Use of Parks and Recreation Rental
Facilities
Lotthammer said at the last meeting there was a discussion about food
provisions at the Community Center and he was asked to bring back
CITY COUNCIL MINUTES
March 4, 2008
Page 17
solutions for that and to look at the policy. The current policy is very broad
and not specific to the facilities. Each one of our facilities has some unique
and special requirements and also some support systems and structures that
allow food service.
Lotthammer said the Parks Commission had a good discussion at their
meeting last night which prompted him to change the proposed motion for
tonight. The conclusion they came to was to start out being more permissive
and, if we run into negative circumstances, we could come back to address
those circumstances. He said staff can advise users as to the facilities
available at each location. They changed the proposed guidelines for small
birthday parties or similar gatherings at the Community Center to permit
outside food and beverage as long as there is no on-site preparation and with
the permission of Community Center staff for small birthday parties or
similar gatherings.
Lotthammer said the Parks Commission also suggested changing Section
XIII Food Service to require permission from the Director of Parks &
Recreation, not permission from City staff.
MOTION: Nelson moved, seconded by Butcher, to amend the policy
entitled Guidelines for Community Use of Parks and Recreation Facilities,
Section XIII, Food Services. Motion carried 5-0.
E. REPORT OF PUBLIC WORKS DIRECTOR
1. Proposed Public Works Fee Amendments
Dietz said the BAC suggested we look at some of our rates for utilities. We
found some inequities and we need to implement some fees as we become
the LGU for the Watershed District. There is a public hearing scheduled for
March 18 on this information. He reviewed the history of the sprinkling ban
and the two-tier rate structure in the City. He said the DNR regulates very
closely the amount of ground water that can be withdrawn and expects we
will have water conservation regulations in place. We want to get another
well built this year so that we will have 24.5 million gallons available in
2009. The current water plant was designed for 28 million gallons based on
our ultimate population, but we must have regulations in place to limit stress
on the system.
He reviewed the proposed changes to fees for water, noting we have had the
same two-tier system in place for 12 years. We found commercial and
industrial customers and irrigation accounts were not paying any surcharge
because of the way we compute our winter average. He said they are
planning to switch to monthly billing rather than quarterly so people can be
more responsive to billing changes. We are proposing to have
commercial/industrial accounts go to monthly billing this spring. He said
staff will come back late this year to suggest we go to the same system for
residential accounts. Staff is also recommending we eliminate the $100 cap
CITY COUNCIL MINUTES
March 4, 2008
Page 18
for use surcharge. The miscellaneous charge item will be changed to a $5
charge per month for a repair/expansion/project fund.
Regarding storm water utility fees, Dietz said these have not changed since
they were instituted in 1996. These fees would increase from$3 to $4 per
quarter for single family residential properties. There will also be an LGU
fee used to reimburse ourselves for taking over that responsibility and will
be almost identical to what the Watershed District charged when they were
acting as the LGU.
Nelson said she was concerned that going to monthly billing would greatly
increase the number of mailings. Dietz said the cost will be $80,000-
$100,000 per year for billings of between $7 and $8 million per year. He
said there is a big swing between quarterly billing cycles and that would be
evened out with monthly billings.
Neal said the other mitigating strategy for billing would be to push more
and more for an online environment. One of our priorities for this year is to
move more revenue collection to that sphere. Nelson asked if we would then
be able to email bills. Neal said that was correct.
Young asked what irrigation only accounts are. Dietz said these are usually
homeowners associations that have an irrigation meter installed. Young
asked how these would be affected. Dietz said they would be paying the
$2.65 per gallon usage fee for their entire usage.
Dietz asked that Council Members provide any feedback before the March
18.
Young said he thought we are going in the right direction. The other
Council Members concurred.
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XVI. OTHER BUSINESS
Nelson asked if there has been anything done about the Technology Committee's
recommendation about installing fiber optic cable on the Pioneer Trail expansion. Dietz
said he was not aware of any but he would check. Neal said he will ask Mr. Lindahl.
Nelson said she would like some feedback on that.
XVII. ADJOURNMENT
MOTION: Nelson moved, seconded by Aho, to adjourn the meeting. Motion carried 5-
0. Mayor Young adjourned the meeting at 9:55 PM.
CITY COUNCIL MINUTES
March 4, 2008
Page 19
XVI. OTHER BUSINESS
Nelson asked if there has been anything done about the Technology Committee's
recommendation about installing fiber optic cable on the Pioneer Trail expansion. Dietz
said he was not aware of any but he would check. Neal said he will ask Mr. Lindahl.
Nelson said she would like some feedback on that.
XVII. ADJOURNMENT
MOTION: Nelson moved, seconded by Aho, to adjourn the meeting. Motion carried 5-
0. Mayor Young adjourned the meeting at 9:55 PM.
CITY COUNCIL AGENDA DATE:
SECTION: Reports of Advisory Commissions March 18, 2008
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VILA.
Leslie Stovring Conservation Commission - 2007
Public Works /Environmental Annual Report and 2008 Work Plan
Requested Action
Move to: Receive the Conservation Commission 2007 Annual Report and Approve its 2008
Work Plan.
Synopsis
The Conservation Commission has finished their second year and the 2007 Annual Report and
2008 Work Plan lists the accomplishments made for 2007 and their goals for 2008.
Background Information
The Conservation Commission will be meeting with the City Council at the March 18, 2008,
City Council Workshop to present its 2007 Annual Report and 2008 Work Plan. Some of the
Commission's 2007 accomplishments included:
• Awarded two Commendations for Conservation, Mr. Jim Nehl,president of the Mitchell
Lake Homeowner's Association and Mr. David Jellison, Liberty Property Trust
• Coordinated and helped promote the Change a Light Campaign
• Began working with the 20-40-15 Program, including starting to determine how to
incorporate City goals with residential programs
• Completed revision of the City Code sections regarding recycling. This included a provision
requiring multi-family dwellings to provide recycling to their residents by July 1, 2008.
• Worked as an advisory committee for the Prospect Road Environmental Assessment
Worksheet
• Held a shoreline restoration and raingarden construction workshop in June 2007 at which
approximately 4 dozen residents attended
• Helped develop articles for the Spring and Winter Environmental Times which is distributed
as a utility bill insert
For 2008, the Commission intends to continue working on providing educational workshops to
residents and develop ideas to supplement the 20-40-15 Program. The Commission also intends
to complete the Goose Management Plan and new programs to encourage water conservation,
including a new rebate program for addition of rain sensors or smart controllers to irrigation
systems. The Commission will work with the Chamber of Commerce to promote the 2009
Home, Landscape and Garden Everything Expo and to incorporate ideas or policies for LEED
Certification or energy conservation for businesses within Eden Prairie.
Attachments
• Attachment 1 - 2007 Annual Report and 2008 Work Plan
CITY OF EDEN PRAIRIE
CITIZEN ADVISORY
CONSERVATION COMMISSION
DRAFT
2007 ANNUAL REPORT
&
2008 WORK PLAN
2007 ANNUAL REPORT
I. INTRODUCTION
The Conservation Commission(CC)was established in October 2005 and had their first meeting on April 11,
2006. The CC was established"to advance and support the health and development of the citizens and natural
environment of Eden Prairie through comprehensive environmental protection, conservation efforts, and
natural resource management" through actions such as recommending best practices for energy conservation;
encouraging residential and business recycling programs; encouraging reduction in municipal solid waste;
encouraging reductions in air and water pollution; promoting health for citizens by encouraging a community
designed for walking, exercise and recreation; and promoting establishment of targets for reduction of
greenhouse gas emissions.
II. MEMBERSHIP
There were eight members and six student representatives who served for portions of 2007. Commission
members who served in 2007 were:
2007 Members Member Since Term Expires
1 Eapen Chacko, Chair 4/2006 3/31/2009
2 Laura Jester,Vice-Chair 4/2007 3/31/2010
3 Ray Daniels 4/2006 3/31/2008
4 Sean Katof 8/2007 3/31/2009
5 Rita Krocak 4/2006 3/31/2008
6 Geneva MacMillan 4/2006 3/31/2008
7 Jan Mosman 4/2006 3/31/2009
8 David Seymour 4/2006 7/31/2007
9 Lauren Mosman, student 9/2006 4/31/2007
10 Alesia Casanova, student 1/2007 4/31/2007
11 Mark Muston, student 1/2007 4/31/2007
12 Marie Loeffelholz, student 9/2007 4/31/2007
13 James Maslyn, student 9/2007 12/31/2007
14 Ann Wachutka, student 9/2007 12/31/2007
The CC serves in an advisory capacity to the City Council. CC regular meetings were scheduled for the
second Tuesday of each month at 7:00 PM.
III. ACCOMPLISHMENTS
A. Energy Conservation for Citizens and Businesses
PROJECTS ITEMS
LEED Certification/ Discussed the idea of arranging a speaker from Liberty Trust at a future
Green Building Chamber of Commerce meeting to discuss LEED Certification from a business-
oriented perspective.
Commendation for Awarded two "Commendations for Conservation" to recognize residents and
Conservation Award businesses who are implementing energy conservation measures or natural
resource improvement projects.
Change a Light Campaign Worked with Xcel Energy and Hennepin County to develop ideas on how to
Conservation Commission
DRAFT 2007 Annual Report and
2008 Work Plan Page 2 of 7
promote the Change A Light Campaign. Materials were developed, including a
posting for the City's Conservation Ideas web site, a flyer to hand out at
Sunbonnet Days and at City Hall and a Public Service Announcement (PSA) to
show on local cable television.
B. Energy Conservation in City Government Operations
PROJECTS ITEMS
Green Roof Worked with Parks and Recreation Depaitment staff to add a green roof option
Demonstration Project to the bid package for the Community Center expansion, both as a
demonstration project and as a measure to increase energy efficiency within the
expansion area. Although this was not approved it provided a basis for future
discussions on opportunities at other City facilities in the future.
20-40-15 Program Met with the 20-40-15 Program Coordinators to discuss the program and future
opportunities to work with the Commission in July 2007.
C. Comprehensive Residential and Business Recycling Program / Municipal Solid Waste (MSW)
Reduction and Management
The City's recycling program continues to provide education to help residents and businesses recycle, reduce
waste,prevent pollution,manage yard waste and conserve resources.
PROJECTS ITEMS
Annual Recycling Report Reviewed the Community Residential Recycling Report for 2006 and the City's
recycling program in March 2007.
Recycling Works Developed a "Recycling Works" brochure for distribution at the 2007 Annual
Brochure Clean Up
Rethink Recycling Worked with Hennepin County in developing articles on paper recycling
Campaign and"Choose to Reuse" in coordination with the County campaigns for
these topics. The "Rethink Recycling: Top Ten Paper Recycling Facts"
article was in the Spring 2007 Environmental Times and the "Choose to
Reuse" article was in the Winter 2007 Environmental Times.
Ordinance Development Modification of Recycling Code Section 5.36 was completed in June
2007 to meet current Hennepin County recycling requirements. The
Commission started work on revising Section 9.01 which would require
recycling by all multi-family residents as well as single-family residents.
Recycling at City Events Met with Park Maintenance staff to discuss recycling opportunities within the
park system or at park events. The CC worked on how best to start recycling
and determined they would start with two or three key events in 2008.
D. Reduction of Air and Water Pollution/Environmental Review
The CC provides support to a variety of local water planning efforts, including the Phase II Storm Water
Pollution Prevention Plan (SWPPP) and the Wellhead Protection Plan (WHPP). Projects completed in 2007
included:
Conservation Commission
DRAFT 2007 Annual Report and
2008 Work Plan Page 3 of 7
PROJECTS ITEMS
Environmental Fair Participated in the Eden Prairie School District Science Fair in January 2007 by
providing a variety of speakers and exhibitors on topics such as energy conservation,
native plant landscaping and stormwater management.
Prospect Road Continued to work as an advisory committee for the EAW process and developed a
EAW comment letter during the EAW public comment period.
Shoreland Sponsored a workshop for residents on shoreland restoration and how to construct a
Restoration& rainwater garden in June 2007. Approximately 4 dozen residents attended the event.
Rainwater Garden
Workshop
Nondegradation Held a meeting to discuss the draft Nondegradation Plan the City was preparing as part
Plan Participation of their Storm Water Pollution Prevention Plan (SWPPP). An informational meeting
was held with the consultant in February 2007 and the public meeting was held in June
2007.
Roof Bloom Worked to help promote the Roof Bloom Workshop that the City of Shorewood was
Workshop holding. The workshop promotes the use of green roofs on residential properties, such
as garages and sheds.
Goose Reviewed the annual goose management program and discussed the draft Goose
Management Management Plan with Dr. Cooper in April 2007. The Commission recommended
Program revisions to the Plan and are currently working with Dr. Cooper to finalize the plan.
Native Evaluated the need to establish a grant program for residents who are doing a
Landscaping shoreland restoration or rainwater garden construction project. Met with the Mitchell
Rebate Program Lake Association to discuss a potential project that could be funded in 2008.
Wellhead Met with the consultant who developed the City's WHPP in May 2007. Discussions
Protection Plan were started on how to promote this program through use education and perhaps
(WHPP) incentives to properly abandon private wells and septic systems in the areas where the
groundwater is considered to be vulnerable to surface water pollutants.
Environmental The Environmental Times is sent out as a utility bill insert in the Spring and/or Fall of
Times each year. Environmental topics for 2007 included summer lawn watering, "Rake Up,
Sweep Up,Pick Up",the City Clean up and"Sweeping up Streets".
E. Encouraging a Community Designed for Walking,Exercise and Recreation
The CC had not begun work on this goal. The Parks,Recreation and Natural Resources Commission(PRNRC)
was contacted to determine if the CC could provide assistance with this initiative. It was determined that the
PRNRC is currently working on this and no inputs are needed at this time. The Commission intends to be
available for joint projects or to provide assistance as needed.
F. Promote Establishment of Targets for Reduction of Greenhouse Gas Emissions in Eden Prairie
The CC contacted Hennepin County to initiate discussion on how the City could work with and promote
existing county programs for greenhouse gas reduction and energy conservation. The programs that would
address reduction of greenhouse gas emissions include the Change A Light Campaign and the 20-40-15
Program. Work items for this are combined with Item D.
Conservation Commission
DRAFT 2007 Annual Report and
2008 Work Plan Page 4 of 7
2008 ANNUAL PLAN
A. Energy Conservation for Citizens and Businesses
The Conservation Commission(CC)will be looking at a number of initiatives within this area including:
• Continued participation and promotion of the"Change a Light Bulb"campaign for the City
• Evaluation of green building codes being used in other City's within the metropolitan area and the role
of incentives for encouraging green building
• Explore opportunities for holding a workshop to provide information on how homeowners can
incorporate energy conservation measures into their home
• Develop communication pieces to educate residents on energy conservation, including articles for the
Environmental Times and Conservation Ideas web site.
• Continue to work with the Chamber of Commerce to provide an speaker on green building
construction.
B. Energy Conservation in City Government Operations
The CC will continue to track the 20-40-15 program to determine how best they can continue to support this
initiative.
C. Residential and Business Recycling Program / Municipal Solid Waste (MSW) Reduction and
Management
The CC will continue to receive updated information on the City's recycling and solid waste program through
an annual report in March. Proposed measures include:
• Complete the proposed revisions to the recycling and solid waste management code section to
establish standards for multi-family recycling as well as broadened requirements for single-family
residential recycling.
• Develop an educational piece for distribution to multi-family complexes and their residents on the new
requirements.
• Develop an article on plastics recycling in coordination with Hennepin County's 2008 Rethink
Recycling Campaign.
• Staff the City-wide clean up and provide educational materials to residents who come to the clean up
• Provide recycling opportunities at key City events
D. Reduction of Air and Water Pollution/Environmental Review
The CC is the designated review body for the Phase II Storm Water Permit Program , including the Storm
Water Pollution Prevention Plan (SWPPP) and Phase II Non-degradation Report which. CC will continue to
participate in implementation of Storm Water Pollution Prevention Plan (SWPPP) as well as the Local Water
Management Plan (LWMP) and Wellhead Protection Plan (WHPP). The CC will be kept informed on
projects, such as:
• Participate in review of the Draft Goose Management Plan and assist in developing policies for the
City Council to adopt.
• Develop public service announcements, education materials or programs on items such as stormwater
treatment, wellhead protection, shoreline restoration, storm drain stenciling, alternative landscaping,
phosphorus free fertilizer or aquatic plant management.
• Develop Neighborhood Notes brochures to inform residents of current Watershed District projects.
Conservation Commission
DRAFT 2007 Annual Report and
2008 Work Plan Page 5 of 7
• Develop a native landscaping rebate program.
• Promote the Commendation for Conservation award program
• Promote the use of water conservation incentives, including a possible expansion of the water
conservation rebate to include water efficient irrigation systems.
Conservation Commission
DRAFT 2007 Annual Report and
2008 Work Plan Page 6 of 7
2008 CC Meeting Schedule / Presentations / Events / Major Topics
Month Key Topics/Issues
January • Review and adopt Annual Report
• Review U.S. Mayors Climate Protection Agreement
• Commendation for Conservation Award
• Review ideas for irrigation system and native landscaping rebate programs
February • Environmental Times articles for Spring edition due
• Develop 2008 Commendation for Conservation Award promotion plan
• Finalize plans for Yard&Garden Expo exhibit
• Discuss promotion of a rain barrel education program
March • 20-40-15 Initiative review and evaluation
• Recycling Report review
• Finalize recycling code amendments(City Code Section 9.01)
• Chamber of Commerce Yard&Garden Expo
April • EPA Phase II Public Meeting(to be held prior to CC meeting time from 6 to 7 p.m.)
• Start developing ideas for a multi-media message or public service announcement for the
wellhead protection and stormwater permit programs
• Park Clean Up Event
• Evaluate local green building codes or policies and how they could be incorporated into
City code or policies
May • Review ideas to implement an educational and incentive program for well abandonment
and septic system removal within wellhead protection areas
• Presentation of the SWPPP and Annual Report to the City Council
• Pond&Lake Care Seminar
June • Evaluate ideas for energy conservation initiatives or programs for Winter 2008/09
• Speaker—Single Stream Recycling(?)
• City Clean Up
July • Review results of annual clean up
• Staff Report on 20-40-15 Initiative Status
• Recycling Promotion at City event
August • Environmental Times articles due for Winter Edition
• Participation ideas for America Recycles Month(November)
September • Fall Lawn&Yard Care Seminar
• Review City Code Sections for environmental issues
October • Work on 2008 Annual Report
November • Round Lake Status Report(speaker—Steve McComas,Blue Water Science)
December • Plan for 2009 Environmental Events
Conservation Commission
DRAFT 2007 Annual Report and
2008 Work Plan Page 7 of 7
CITY COUNCIL AGENDA DATE:
SECTION: Reports of Advisory Commissions March 18, 2008
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.B.
McKinstry Report on Phase 1.1 Energy
Savings Projects
Requested Action
Move to: Accept the Energy Savings Report from McKinstry Essention and direct staff
to proceed with development and implementation of the Phase 1.1 energy savings
projects.
Synopsis
The City Council unanimously approved an initial contract for services with McKinstry
Essention on November 13, 2007. The goal of the initial contract was to create an action plan to
reduce the City's energy consumption as part of the City's 20-40-15 Program. The primary
objective of the contract was to analyze the City's energy consumption and to develop a plan to
reduce energy consumption without creating negative material impacts on municipal services
and facilities.
McKinstry completed their initial analysis in January 2008. They worked with staff from the
Finance Division, Facilities Division, and Public Works Department to refine their analysis and
draft report in February 2008. They presented the final draft of their Energy Savings Report
Phase 1.1 to the Conservation Commission at the commission's March 11 meeting. The
Conservation Commission reviewed the final draft of the report, discussed its findings with
McKinstry staff and City staff, and then unanimously agreed to recommend acceptance of the
final report to the City Council.
If the Council approves the proposed motion, City staff will develop a final contract for services
with McKinstry to develop and implement the energy savings projects which are included in
Phase 1.1. Staff will comply with municipal public purchasing and contracting laws in the
implementation of the projects. Approval of the motion also directs staff to proceed with the
innovative financing plan for the Phase 1.1 projects, which self-funds the projects based on the
cost savings of the decrease in overall energy consumed by the City. The City's costs for the
Phase 1.1 projects are contained at $1,046,706 based on a Guaranteed Maximum Price (GMP)
contract with McKinstry.
McKinstry staff will make a brief presentation to the Council at March 18 Council meeting on
the Phase 1.1 projects. They will be happy to answer your questions as well.
Attachment
Phase 1.1 Project Report(hard copy)
CITY COUNCIL AGENDA DATE:
SECTION: Consent Agenda March 18, 2008
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.A.
Community Development/Planning 2nd Reading of Ordinance
Janet Jeremiah amending City Code Chapter 11,
Michael D. Franzen Section 11.70
Requested Action
Move to: Approve 2nd Reading of Ordinance amending City Code Chapter 11, Section 11.70,
relating to the Public District and Airport sections of the Sign Ordinance, and adopt Resolution
approving Summary publication.
Synopsis
This code change is amending the Public and Airport sections of the city sign code.
Attachment
1. Ordinance
2. Resolution Approving Summary Publication
3. Ordinance Summary
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
ORDINANCE NO. -2008
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CITY
CODE CHAPTER 11 BY AMENDING SECTION 11.70 RELATING TO SIGN PERMITS;
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. City Code Section 11.70, Subd. 4"District Regulations",F. is amended by deleting
F. 1. (a) in its entirety and replacing it with the following:
(a) A building site having one street frontage may have one free-standing sign not to exceed 80
square feet.
Section 2. City Code Section 11.70, Subd. 4"District Regulations",F. is amended by deleting
F. 1. (b) in its entirety and replacing it with the following:
(b) Where a building site has two or more frontages,one free-standing 80 square foot sign shall
be permitted,and the additional frontages may each be permitted a free-standing sign not to
exceed 36 square feet.
Section 3. City Code Section 11.70, Subd. 4"District Regulations",F. is amended by deleting
F. 2. in its entirety and replacing it with the following:
2. Wall Signs:
(a) One building identification sign per wall per street frontage not to exceed 50 square feet is
permitted.
(b) One identification wall sign per accessory use attached to the exterior wall of the building at
the ground floor not to exceed 30 square feet is permitted.
(c) Readerboard Signs: Readerboard signs may occupy the sign area permitted for wall signs.
(d) Signs shall be uniform in design.
Section 4. City Code Section 11.70, Subd.4"District Regulations",F. is amended by adding a
new Subd. 4 as follows:
4. Religious Symbols: Religious symbols shall not be considered part of the free-standing sign or wall
sign area.
Section 5. City Code Section 11.70, Subd.4"District Regulations",F. is amended renumbering
existing subsection 4, 5, 6, and 7 as 5, 6, 7 and 8.
Section 6. City Code Section 11.70, Subd.4"District Regulations",H.is amended by deleting
in the title the word"District".
Section 7. 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 4th
day of March,2008,and finally read and adopted and ordered published at a regular meeting of the
City Council of said City on the 18th day of March, 2008.
Kathleen Porta, City Clerk Phil Young, Mayor
PUBLISHED in the Eden Prairie Newspaper on , 2008.
PUBLIC SIGN CODE & AIRPORT SIGN CODE AMENDMENT
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,
AMENDING CITY CODE CHAPTER 11 BY AMENDING SECTION 11.70
RELATING TO SIGN PERMITS; AND ADOPTING BY REFERENCE CITY
CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS,
CONTAIN PENALTY PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA,
ORDAINS:
Summary: This ordinance allows amendments to city code chapter 11 relating
to the size and number of free-standing and wall in the Public Zoning District. It also
removed the word"District" from the Airport portion of the City Code.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
Kathleen A. Porta, City Clerk Phil Young , Mayor
PUBLISHED in the Eden Prairie News on , 2008.
(A full copy of the text of this Ordinance is available from City Clerk.)
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2008-
A RESOLUTION APPROVING THE SUMMARY
OF ORDINANCE NO. -2008 AND ORDERING THE
PUBLICATION OF SAID SUMMARY
WHEREAS, Ordinance No. -2008 was adopted and ordered published at a regular
meeting of the City Council of the City of Eden Prairie held on the 18th day of March 2008.
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. -2008 is lengthy and/or contains charts.
B. The text of the summary of Ordinance No. -2008, 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 News 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. -2008 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 March 18, 2008.
Phil Young, Mayor
ATTEST:
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA DATE:
SECTION: Consent Agenda March 18, 2008
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.B.
Leslie Stovring Approve Second Reading of an Ordinance
Public Works /Environmental Amending City Code Section 11.51
Requested Action
Move to: Approve Second Reading of an Ordinance Amending City Code Section 11.51 Relating to
Standards for the Protection of Wetlands and adopt Resolution approving publication of
Summary Ordinance.
Synopsis
City Code Section 11.51 was revised to adopt Local Government Unit (LGU) status for Riley-
Purgatory-Bluff Creek Watershed District, incorporate changes to the Wetland Conservation Act
(WCA) that were made in 2007 and incorporate revisions to the Nine Mile Creek Watershed District
(NMCWD)rules which are scheduled to be adopted by the District Board on March 19, 2008.
Background Information
The first reading for the Ordinance was on March 4,2008. Only editorial changes have been made to
the Ordinance since that time.
Attachments
• Ordinance
• Ordinance Summary Resolution
• Ordinance Summary
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. -2008
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY
CODE SECTION 11.51 RELATING TO ESTABLISHMENT OF STANDARDS FOR THE
PROTECTION OF WETLANDS 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. City Code Chapter 11 - Section 11.51 entitled "Standards for the Protection of
Wetlands" is amended as follows:
SECTION 11.51. STANDARDS FOR THE PROTECTION OF WETLANDS
Subd. 1. Preamble
This Code hereby incorporates by reference the Wetlands Conservation Act [Minnesota Statutes
103G.221 et seq.(herein after referred to as the WCA)] as amended and Minnesota Rules Chapter 8420
as amended. All wetlands,as defined in Section 11.51,Subd.3 of this Code,including those governed
by the Department of Natural Resources, are covered by this Code. Standards outlined in this Code
have precedence over WCA in situations where the City Code is more restrictive than WCA. The
following watershed districts are located in the City:
1. Lower Minnesota River
2. Nine Mile Creek
3. Riley Purgatory Bluff Creek
The City is the acting Local Government Unit (LGU) for the Lower Minnesota River and Riley
Purgatory Bluff Creek Watershed Districts.
Subd. 2. Purpose
Through the adoption and enforcement of this Code,the City shall promote the general health, safety,
and welfare of its residents by both conserving and protecting wetlands and requiring sound
management practices as provided for in the WCA when development occurs in the vicinity of
wetlands. The intent of this Code is to avoid alteration and destruction of wetlands. By implementation
of this Code, the City seeks to accomplish the following:
1. Balance the need to preserve and protect natural resources and systems with both the rights of
private property owners and the need to support the efficient use of developable land within the
City;
2. Promote water quality by maintaining the ability of wetlands to recharge ground water and
receive the discharge of ground water, to prevent soil erosion, and to retain sediment, nutrients
and toxicants in wetland buffer strip areas before it discharges into community wetlands, lakes
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and streams, thus avoiding the contamination and eutrophication of these water features;
3. Reduce human disturbances to wetlands by providing a visual and physical transition from
surrounding yards; and
4. Provide wildlife habitat and thereby support the maintenance of diversity of both plant and animal
species within the City.
Subd. 3. Definitions.
The following terms, as used in this Section, shall have the meanings stated. Terms not defined shall
have the meaning as stated in Section 11.02:
A. "Applicant"—The "Applicant"means the person submitting a Development Application to the
City.
B. "Bog"—A"Bog" is a Type 8 Wetland as defined by U.S. Fish and Wildlife Circular 39.
C. "City Manager"—The "City Manager" means the City Manager or his/her designee."
D. "City Wetland Map"—The"City Wetland Map"is referenced as the City's Water Body Map as
developed for the City's Local Water Management Plan and as amended from time to time as
wetland,lake and stormwater pond conditions change or new information is collected. The City
map adopted by this ordinance shall be prima facie evidence of the location and classification of a
wetland.
E. Combined Wetland Permit Application—An application form provided by the Minnesota Board
of Water and Soil Resources (BWSR) for water and wetland projects affecting lakes, rivers,
streams or wetlands. The Combined Wetland Permit Application is a single form that is
completed and submitted to the Local Government Unit (LGU), the Department of Natural
Resources (DNR), the Hennepin Conservation District (Hennepin County) and the U.S. Army
Corps of Engineers (USACOE) for review and approval.
F. "Development Application" — "Development Application" includes but is not limited to
applications for Land Development, Site Plan Review, Planned Unit Development, rezoning,
platting, land alteration, wetland alteration, wetland no-loss determination or Wetland
Replacement.
G. "Hydroperiod"—The extent and duration of inundation and/or saturation of wetland systems.
H. "Local Government Unit"—The"Local Government Unit"(LGU)is a city council,town board,
watershed management organization under Minnesota Statutes Section 103B.205,soil and water
conservation district or their delegate. In cases where activity or replacement will occur on state
land, the agency with administrative responsibility for that land is the LGU.
I. "MinRAM" — The Minnesota Routine Assessment Methodology (MinRAM) as referenced in
Minnesota Rules Chapter 8420. MinRAM is a field tool used to assess wetland functions on a
qualitative basis. Functions include items such as vegetative diversity and integrity; wildlife
habitat;water quality protection;flood&stormwater attenuation;recreation,aesthetics,education
& science; fishery habitat; shoreline protection; groundwater interaction; and commercial uses.
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J. "Native Vegetation" - Plant species indigenous to Minnesota, or that expand their range into
Minnesota without being intentionally or unintentionally introduced by human activity, and are
classified as native in the Minnesota Plant Database (Minnesota DNR, 2002 or as amended).
Native Vegetation does not include Weeds.
K. "No-Loss Determination" — An application to the Local Government Unit (LGU) to evaluate
whether the proposed work will result in a loss of wetland within the property. This would
include activities listed in Minnesota Rules Section 8420.0220. The landowner is responsible for
submitting the proof necessary to show qualification for the claim. The LGU may evaluate
evidence for a no-loss claim without making a determination.
L. "NURP Pond" — A stormwater pond constructed to meet National Urban Runoff Program
(NURP) requirements.
M. "Public Value Credit(PVC)"—Wetland replacement credit that can only be used for the portion
of wetland replacement requiring greater than a 1:1 ratio of wetland fill to wetland replacement as
allowed by Minnesota Rules 8420.
N. "Setback"—The minimum horizontal distance between a structure and the nearest edge of the
wetland buffer strip.
O. "Scientific or Natural Area"—An area designated by local, state or federal action as providing
unique qualities such as recreational,scientific or educational uses. This would include,but is not
limited to areas that:
• Have resources restored for specific purposes,such as water quality improvement,wetland
replacement or wildlife habitat,
• Have a direct hydrologic association with a designated trout stream,
• Border the Minnesota River,
• Are recognized as an Outstanding Resource Value Water(Minnesota Rules Chapter 7050),
• Are within an environmental corridor identified in a local water management plan,
• Are part of a sole-source aquifer recharge area,
• Provide endangered species habitat, or
• Have biological communities or species that area listed in the Natural Heritage inventory
database.
P. "Sequencing Flexibility"—Sequencing Flexibility is implemented after all alternatives have been
considered in accordance with Minnesota Rules 8420.0520 and Section 4 of this Code. A
"Sequencing Flexibility Report" must be provided if sequencing flexibility is requested to
document that these conditions have been met and the proposed action or alternative.
Q. "Structure"—A"Structure"means a Structure as defined in Section 11.02, 59 of this Code.
R. "Technical Evaluation Panel"—A "Technical Evaluation Panel" (TEP) is established for each
LGU under Minnesota Rules 8420.0240. The TEP assists the LGU in making technical findings
and provides recommendations for projects involving wetland alteration or wetland impacts at the
request of the LGU, landowner or a member of the TEP.
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The TEP must include at least one technical representative from each of the following:
• Board of Water and Soil Resources (BWSR)
• Hennepin Conservation District (Hennepin County)
• Local Government Unit (LGU)
For projects involving public wetlands or affecting wetlands adjacent to public waters or public
waters wetlands,the TEP shall include a technical professional employee of the DNR. The LGU
or TEP may invite additional expertise to assist in the decisions. The TEP shall be coordinated by
the LGU.
S. "Weeds" - Weeds are (i) noxious weeds as defined and designated pursuant to the "Minnesota
noxious weed law",Minnesota Statutes, Sections 18.76-18.88,as amended from time to time,or
(ii) any volunteer plants, such as but not limited to spotted knapweed (Centaurea maculosa) or
burdock(Arctium minus). For the purposes of this definition,weeds do not include dandelions or
clover. The City Weed Inspector and/or Assistant City Weed Inspector shall maintain a current
list of volunteer plants that are prohibited.
T. "Wetland"-Lands transitional between terrestrial and aquatic systems,either created or natural,
where the water table is usually at or near the surface or the land is covered by shallow water. For
purposes of this definition,wetlands must:
• Have a predominance of hydric soils;
• Be inundated or saturated by surface or ground water at a frequency and duration sufficient
to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil
conditions; and
• Under normal circumstances support a prevalence of hydrophytic vegetation.
U. "Wetland Alteration"—Alteration of a wetland includes changes to the wetland and/or wetland
buffer strip in regards to size, depth or contour; dredging; tilling; damming; alteration of the
watercourse;, ditching; tiling; grading; draining; discharge of water; appropriation of water;
changes in vegetation; or otherwise altering or destroying a wetland or wetland buffer or their
functions. Alterations would not include Native Vegetation plantings or selective clearing or
pruning of prohibited or restricted noxious weeds as defined in Minnesota Rules Sections
1505.0730 to 1505.0750,unless within a Conservation Easement in which case submission of and
written approval by the City of a Vegetation Management Plan on a form provided by the City is
required.
V. "Wetland Buffer Strip" - An area of vegetated ground cover around the perimeter of a wetland
that, either in its natural condition or through intervention, has the characteristics of a Buffer as
defined in Section 11.02, Subd. 7 of this Code, "Buffer". A "Wetland Buffer Strip Evaluation
Report" is a report summarizing the results of an evaluation of the wetland and Wetland Buffer
Strip in relation to the requirements defined in Section 11.51 Subd. 8 of this Code.
W. "Wetland Delineation" — An assessment tool utilized to determine the boundary of a wetland
using the US Army Corps of Engineers Wetland Delineation Manual (January 1987) as well as
any additional boundary determination requirements established in Minnesota Rules Chapter
8420. A"Wetland Delineation Report"is a document that summarizes the observations,results
and conclusions performed during the assessment when wetlands are present on the property.
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X. "Wetland Determination"—An assessment conducted utilizing the US Army Corps of Engineers
Wetland Delineation Manual(January 1987)to determine whether a wetland is present within the
property that may be impacted by a proposed project. A "Wetland Determination Report"
documents the conditions that lead to the conclusion that wetlands may or may not be present on
the property.
Y. "Wetland Plan" — A summary of all work items to be completed in relation to any wetland
alteration or wetland or wetland buffer strip restoration, replacement, or construction and the
estimated cost for each item. Work items include, but are not limited to, wetland buffer strip
monument purchase and installation; Weed control; landscaping within the wetland or wetland
buffer strip; wetland or wetland buffer strip restoration; wetland and wetland buffer strip
monitoring; wetland replacement monitoring; or any items determined to be incomplete during
the development review process.
Z. "Wetland Replacement"—Wetland habitat enhancement;wetland creation;restoration of wetland
habitat or functions;construction;replacement;banking;wetland buffer habitat creation;wetland
enhancement;or stormwater system construction.As a result New Wetland Credit(NWC)and/or
Public Value Credit (PVC) are established for replacement of wetland impacts, loss of public
values of the wetland functions or Wetland Alterations. A Wetland Replacement Plan
summarizes the Wetland Alteration and the method in which the Wetland Alteration and/or loss
of wetland function will be replaced as required in Minnesota Rules 8420.
AA. "Wetlands,Exceptional Quality"-Exceptional Quality wetlands have an exceptional vegetative
diversity and integrity function, based on the results of MinRAM. They typically have an
undisturbed plant community or a plant community that is sufficiently recovered from past
disturbances such that it closely represents pre-European settlement conditions. The wetlands
contain an abundance of different plant species with dominance evenly spread among several
species. They will contain very few non-native species and they may have or previously had rare,
threatened or endangered plant species. Invasive or exotic plant species are either absent or
limited to small areas where some disturbance has occurred. These wetlands exhibit no evidence
of significant man-induced water level fluctuation. Reference wetlands established in the City's
"Comprehensive Wetland Protection and Management Plan"are also included in this category.
BB. "Wetlands,High Quality"-High quality wetlands have a high vegetative diversity and integrity
function,based on the results of MinRAM,and are still generally in their natural state. They tend
to show less evidence of adverse effects of surrounding land uses. Exotic and invasive plant
species may be present and species dominance may not be evenly distributed among several
species. There tends to be little evidence of water level fluctuation due to storms and their
shorelines are stable with little evidence of erosion. They show little if any evidence of human
influences resulting in higher levels of species diversity,wildlife habitat and ecological stability.
CC. "Wetlands,Moderate Quality"-Moderate quality wetlands have a moderate vegetative diversity
and integrity function,based on the results of MinRAM. They have a slightly higher number of
native,non-invasive plant species present than low quality wetlands,often with small pockets of
indigenous species within larger areas dominated by non-native,invasive,exotic or weed species.
Their relatively greater species diversity results in slightly better wildlife habitat. They exhibit
evidence of relatively less fluctuation in water level in response to storms and less evidence of
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shoreline erosion than low quality wetlands. They also exhibit relatively less evidence of human
influences and therefore, tend to be of a higher aesthetic quality than low quality wetlands.
DD. "Wetlands,Low Quality"-Wetlands included in this category have a low vegetative diversity and
integrity functions,based on MinRAM, and have been substantially altered by activities such as
agricultural or urban development that caused over-nitrification, soil erosion, sedimentation
and/or water quality degradation. As a result of these factors these wetlands exhibit low levels of
vegetation diversity;overcrowding and dominance of invasive or non-native species such as reed
canary grass, cattails and purple loosestrife; and a related reduction in the quality of wildlife
habitat. These wetlands may also tend to exhibit extreme water level fluctuations in response to
rain events and show evidence of shoreline erosion. These wetlands do provide for water quality
and serve an important role in protecting water quality downstream.
EE. "Wetland Type"—The"Wetland Type"for each water regime will be determined in accordance
with United States Fish and Wildlife Service Circular No. 30 (1971 Edition), Classification of
Wetlands and Deepwater Habitats of the United States(Cowardin et al. 1979),Eggers and Reed
(1997)and Minnesota Rules Chapter 8420. Each wetland type,which represents at least 10%of
the vegetated wetland, including submergent vegetation, must be classified. For Wetland
Replacement Plans,the wetland community classification listed in Minnesota Rules 8420.0549
must be used to determine wetland replacement ratios.
FF. "Wildlife Habitat" - Plant communities that support wildlife in a natural, undomesticated state.
GG. "Yard"—That portion of a lot not occupied by a Structure. Yard does not include any wetlands or
wetland buffer strips on the property.
HH. "Yard-Front"—The portion of a Yard extending across the front of the lot between the side lines
of the lot and lying between the front line of the lot and the nearest line of a building.
II. "Yard-Rear"—The portion of a Yard between the rear lines of the building and the rear line of the
lot, for the full width of the lot.
JJ. "Yard-Side"— The portion of a Yard between the building and the side lot line, and extending
from the front lot line to the furthest extent of the rear lot line.
Subd.4. General Provisions—Identification,Evaluation,Delineation,Replacement,Testing and
Reporting Requirements.
A. This Code shall apply to all lands containing wetlands and lands within the setback and wetland
buffer strips required by this Code. Wetlands shall be subject to the requirements established
herein,as well as restrictions and requirements established by other applicable Federal, State,and
City ordinances and regulations.Nothing herein shall be construed to allow anything otherwise
prohibited in the zoning district where the wetland is located. This Code establishes four wetland
classifications as defined in Section 11.51, Subd. 3 of this Code; Exceptional Quality, High
Quality, Moderate Quality, and Low Quality.
B. The presence or absence of a wetland on the City Wetland Map does not represent a definitive
determination as to whether a wetland covered by this Code is or is not present. Wetlands that are
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identified during site specific delineation activities but do not appear on the City Wetland Map are
still subject to the provisions of this Code.
C. Additional requirements for wetland identification, delineation, replacement, testing, reporting
and bonding within areas where the City is the acting LGU shall be in accordance with the
requirements outlined in Section 11.51,Subd. 11 of this Code as well as those set forth in Subd.4.
D. Activities including,but not limited to,Wetland Alteration, digging,building,paving,mowing,
cutting, dumping, yard waste disposal, fertilizer application, placing of debris and removal of
vegetation are prohibited in wetland areas.Invasive non-Native Vegetation,such as European or
glossy buckthorn and noxious weeds may be removed unless the area is in a Conservation
Easement, in which case a Vegetation Management Plan on a form provided by the City is
required.
E. The Applicant must determine whether a wetland exists on a subject property or within the
setback from a wetland on an adjacent property. The following report(s)must be provided based
on site conditions.
1. If no wetlands are present, the Applicant must document site conditions in a Wetland
Determination Report that includes evaluation of vegetation,hydrology and soil conditions.
2. If a wetland is present, the Applicant must delineate and document the boundary of the
wetland(s) and the Wetland Type(s) in a Wetland Delineation Report in accordance with
City and WCA requirements and document the conditions of the wetland buffer strip in a
Wetland Buffer Strip Evaluation Report in accordance with Subdivision 8 of this Code.
F. A determination of the function and value of the wetland(s) using the most recent version of
MinRAlVI or other approved assessment methodology under Minnesota Rules Chapter 8420 must
be completed by the Applicant:
1. For wetlands which are not identified on the City Wetland Map;
2. For wetlands for which the Applicant's wetland information is significantly different in
function, size or position from the City's assessment; or
3. If required by the City Manager.
The MinRAM assessment must be submitted to the City with the Wetland Delineation Report.
G. Wetland Determination,Wetland Delineation and Wetland Buffer Strip Evaluation Reports shall
be valid for no more than 3 years from the date of the field delineation for these reports unless
required earlier by the Environmental Coordinator due to changes in site conditions such as in
hydrology, soils or vegetation.
H. Wetland Delineation and Wetland Determination Reports shall be prepared as outlined in
Minnesota Rules Chapter 8420 and in the U.S. Army Corps of Engineers "Guidelines for
Submitting Wetland Delineations to the St. Paul District Corps of Engineers and Local Units of
Government in the State of Minnesota" and must include information necessary for the City to
determine the wetland boundary and Wetland Type, including wetland delineation field data
sheets, survey of the wetland evaluation area, soil analysis data, vegetation data and hydrology
information both within and outside of the proposed wetland boundary.
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I. Wetland Delineation, Wetland Delineation Reports, Wetland Determination Reports and
MinRAlVI assessments conducted or completed outside of the growing season will not be accepted
for final review and approval by the City until the following growing season. Determination of
non-growing season conditions will be in accordance with the "Guidelines for Submitting
Wetland Delineations to the St. Paul District Corps of Engineers (COE) and Local Units of
Government in the State of Minnesota" issued on April 17, 1996 (Publication 96-01078-SDE),
unless the vegetation cataloging or hydrology conditions are, in the judgment of the
Environmental Coordinator, unreliable.
Approvals may be granted for Wetland Delineation, Wetland Delineation Reports, Wetland
Determination Reports and MinRAM assessments conducted during the growing season, but
submitted during the non-growing season, if the Environmental Coordinator determines there is
sufficient information in the report and visible in the field at the time of the field verification to
assess the three wetland parameters (hydrophytic vegetation, hydric soils and hydrology) in
relation to placement of the wetland delineation line. If proper assessment of the delineation is
not possible during the non-growing season,the City would consider the application incomplete
until such time that appropriate field verification is possible. Preliminary approvals granted
during the non-growing season must be verified during the growing season.
If a MinRAM assessment is not provided during the growing season,the quality will be assumed
as High Quality.
J. An Applicant shall not be required to delineate wetlands or determine Wetland Type on adjacent
property. An Applicant will be required to review available information, including but not
limited to the City Wetland Map, County Soil Survey Map, U.S. Fish and Wildlife Service
National Wetland Inventory(NWI)Maps,and visual information such as the presence of wetland
vegetation and hydrologic evidence on an adjacent property which can be viewed from the subject
property, to estimate the wetland boundary and Wetland Type.
K. Written documentation identifying the presence or absence of wetlands on the property or the
wetland conditions if wetland conditions are present, including all Wetland Determination,
Wetland Delineation,No-Loss Determination and Wetland Buffer Strip Evaluation Reports,shall
be provided to the City by the Applicant with the Development Application. The Applicant must
contact the City to obtain a wetland or water body identification number and any information
regarding the documented wetland, including any existing MinRAM information, for inclusion
with documentation provided to the City by the Applicant. The Applicant must also contact the
City to obtain a water body identification number for any existing or proposed stormwater pond
or stormwater infiltration areas within the Development.
L. Water quality testing results must be provided by the Applicant for any Development Application
involving a wetland buffer strip of less than 100 feet for Exceptional Quality Wetlands which
contain standing water during the growing season. One water sample must be collected each
month between June and August from the surface water(within the upper 12 inches of water)and
analyzed using a methodology pre-approved in writing by the City by an accredited laboratory for
pH, conductivity, total phosphorus, soluble reactive phosphorus, total dissolved solids, total
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suspended solids and chlorides. The water quality testing results must be submitted to the City
with the Wetland Delineation Report.
M. For Development Applications involving Wetland Alteration,the Applicant must provide written
documentation to the City with the Development Application that the sequencing steps set forth in
Minnesota Rule 8420.0520 have been met. In following these steps, the Applicant must first
demonstrate that alternatives to avoid and minimize wetland impacts have been evaluated. A
minimum of three alternative plans must be evaluated and provided to the City for review,one of
which must be a"no-impact"alternative. Wetland restoration or expansion of existing or historic
wetlands is preferred rather than creating of new wetlands or other methods of Wetland
Replacement.
N. Unavoidable impacts to wetlands must be restored or replaced on-site unless the alternatives are
not reasonably or practically available from an engineering standpoint or if the only feasible and
prudent sites available have greater ecosystem function and public value than the proposed
wetland and it is an area that is to be preserved by a Conservation Easement or other such
instrument. If impacts cannot be restored or replaced on-site, the Applicant must evaluate
alternate sites in the following order of priority:
1. Within the City of Eden Prairie
2. Within the same subwatershed
3. Within the same watershed(Nine Mile Creek,Lower Minnesota River or Riley-Purgatory-
Bluff Creek watershed)
4. Within the seven-county metropolitan area of the Minnesota River — Shakopee major
surface water watershed(No. 33)
5. Within the Minnesota River—Shakopee major surface water watershed(No. 33)
Wetland restoration or replacement must at a minimum meet the ratio requirements under
Minnesota Rules 8420.0549 and 8420.0546 to achieve full replacement of wetland function and
value unless minimum replacement ratios established by the Watershed Districts or USACOE are
greater than the WCA requirements.
O. Sequencing flexibility will not be implemented unless alternatives have been considered and
unless the proposed replacement wetland will provide equal or greater functions and public values
as determined based on a functional assessment reviewed by the Technical Evaluation Panel using
a methodology approved by the Minnesota Board of Water and Soil Resources (BWSR). The
Applicant must provide all necessary information. Flexibility in application of the sequencing
steps will be considered only if the criterion set forth in Minnesota Rule 8420.0520 are met and
the wetland to be impacted has been degraded to the point where replacement would result in a
gain in function and public value or preservation of the wetland would result in degradation of the
wetland's function and values.
P. Conceptual Wetland Replacement Plans for any proposed impacts that require replacement under
WCA or U.S.Army Corps of Engineers regulatory programs must be provided to the City by the
Applicant with the Development Application. The Applicant must contact the City to obtain a
water body identification number for use in the Wetland Replacement Plans for any replacement
wetlands constructed within the City. Final Wetland Replacement Plans must be submitted to the
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City for review and approval prior to submittal of the Development Plans to the City Council for
review and approval.
Q. If the Applicant disputes whether a wetland exists or its classification, the Applicant has the
burden to supply detailed information supporting the Applicant's assertion. This includes,but is
not limited to, historical aerial photography, topographic, hydrologic, floristic, and/or soil data
deemed necessary by the City or LGU under the WCA to determine the jurisdictional status of the
wetland, its exact boundary and its classification.
R. Wetland Buffer Strip Evaluation,Wetland Delineation,Wetland Determination and Sequencing
Flexibility Reports and Wetland Replacement Plans supplied by the Applicant shall be prepared
by a Minnesota Certified Wetland Delineator in accordance with current state and federal
regulations. Wetland delineators must satisfy all certification requirements that are established by
the U.S. Army Corps of Engineers and/or BWSR or, in the absence of such certification, are
determined by the City Manager to be a qualified wetland delineator.
S. Prior to release of the final plat for any portion of the subject property,Developer shall submit an
executed contract with a qualified wetland consultant, as determined by the City Manager,who
will prepare the Annual Wetland and Wetland Buffer Strip Evaluation Report("Annual Buffer
Report")which evaluates the condition of the wetland(s)and wetland buffer strip(s). The Annual
Buffer Report shall provide both an action plan and proposed cost for correction of all problems
identified. The first Annual Buffer Report shall be submitted no later than November 1 of the
calendar year in which preparation, grading, seeding, planting and/or monumentation of the
wetland(s)and/or wetland buffer strip(s)is completed. Thereafter,this report shall be submitted
by November 1 each year until two full growing seasons following completion of the
development have passed, at which point a Final Annual Buffer Report shall be submitted. The
Final Annual Buffer Report shall evaluate the wetland(s) and /or wetland buffer strip(s) to
determine if the wetland(s) and/or wetland buffer strip(s) remain in compliance with all City
requirements. If any unacceptable conditions or vegetation are identified within the Annual
Buffer Reports or the Final Annual Buffer Report, the Developer shall correct the area(s)
identified within ninety (90) days of submission of the Report, or by June 15th of the following
year if submitted during the non-growing season.
T. Wetland Replacement Monitoring Reports are due by November 1 each year until the wetland
replacement is determined to be complete by the LGU with advice from the Technical Evaluation
Panel as outlined in Minnesota Rules Chapter 8420 and Subdivision 11 of this Code.
U. An Applicant may request an exemption or no-loss determination from the applicable LGU in
accordance with Minnesota Rules 8420.0115 — 8420.0122 and Minnesota Rules 8420.0220.
Subd. 5. General Standards
The following standards apply to all lands that contain and/or abut a wetland or a wetland buffer strip:
A. Structures intended to provide access to or across a wetland or wetland buffer strip shall be
prohibited unless a permit is obtained from the City and is in conformance with Minnesota
Statutes and applicable state rules and regulations.
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B. The Minnesota Pollution Control Agency's Urban Best Management Practices shall be followed
to avoid erosion and sedimentation during the construction process. In addition, the Applicant
shall follow the regulations set forth in City Code Section 11.55.
C. Where wetland replacement or a wetland buffer strip is required,the Applicant shall,before the
City releases the final plat or,if there is no plat approval involved,the first building permit for the
entire subject property:
1. Submit to the City Manager and receive the City Manager's approval of a conservation
easement for protection of the wetland and approved wetland buffer strip. The easement
must describe the boundaries of the wetland and wetland buffer strips, monuments and
monument locations and prohibit any Structures, paving, mowing, introduction of non-
native vegetation, cutting, filling, dumping, yard waste disposal, fertilizer application or
removal of the wetland buffer strip monuments within the wetland buffer strip or wetland.
2. Submit evidence to the City Manager that the approved easement document has been
recorded in the Hennepin County Recorder's/Registrar of Titles' office.
3. Submit a duplicate original of the easement document executed and acknowledged and
otherwise in form and substance acceptable for filing with the Hennepin County
Recorder/Registrar of Titles office.
4. Submit to the City Manager and receive City Manager's approval of a Declaration of
Covenants and Restrictions for any wetland replacement in accordance with Minnesota
Rules Chapter 8420.
5. Submit evidence to the City Manager that the approved Declaration of Covenants and
Restrictions has been recorded in the Hennepin County Recorder's / Registrar of Title's
office.
D. Yards shall be sodded, seeded and/or mulched within six months of ceasing land alterations in
accordance with Section 11.55 Subdivision G.8 of this Code. Wetlands,wetland buffer strips and
wetland replacement areas shall be seeded and/or planted in accordance with Subdivision 8 within
sixty (60) days of completion of land alteration. All sodding, seeding or planting must be
completed prior to removal of any erosion control. If construction is completed after the end of
the growing season,erosion control shall be left in place and all disturbed areas shall be mulched
to protect these areas over the winter or non-growing season.
Variances for sod outside of the wetland buffer strip areas,in accordance with City Code Section
9.71, shall be considered on a case by case basis.
E. Stormwater shall not be discharged directly into any natural water bodies such as wetlands,lakes
or creeks without pre-settlement, infiltration, filtration or other pre-approved method. The pre-
treatment must be approved in writing by the City. Manager.
Subd. 6. Wetland Buffer Strips and Setbacks
A. For a Lot of record or a Development Application approved by the City Council after February 1,
2000,the Applicant shall maintain a wetland buffer strip around the perimeter of all wetlands and
all stormwater ponds which are constructed as part of a Wetland Replacement Plan. The setback
and wetland buffer strip provisions of this Code shall not apply to a Lot of record as of February
1, 2000 or for Development Applications for which site plans, preliminary plats, final plats or
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planned unit development plans have been approved by the City Council prior to this date. The
City strongly encourages the use of a wetland buffer strip and setback on all lots in the City.
B. Wetland buffer strips and structure setbacks shall apply regardless of whether or not the wetland
is on the same parcel as a proposed Development Application. For parcels in which the wetland
is on an adjacent parcel,the setback and wetland buffer strip requirements for the parcel shall be
reduced by the distance between the property line of the parcel and the wetland on the adjacent
parcel. This provision in no way reduces or eliminates any other setbacks required by the City
Code or any other law or regulation.
C. The Applicant shall establish and maintain wetland and wetland buffer strip vegetation in
accordance with the requirements found in Section 11.51, Subd. 8 of this Code. Wetland buffer
strips shall be identified within each Lot by permanent monumentation approved by the City
Manager in accordance with Section 11.51, Subd. 7 of this Code.
D. Non-native or invasive vegetation, such as European buckthorn, purple loosestrife and reed
canary grass,or dead or diseased trees that pose a hazard may be removed as long as a Vegetation
Management Plan is submitted to the City Manager on a form provided by the City for review and
written approval. The Vegetation Management Plan must maintain the wetland and wetland
buffer strip standards found in Section 11.51, Subd. 8 or as required by the City Manager. The
Vegetation Management Plan form must be obtained from the City.
E. For roadways or other Structures where the City determines that there is no practical alternative
except to be aligned either adjacent to or across wetlands, additional wetland filling to create a
wetland buffer strip shall not be required.
F. Trails that are intended to serve an interpretive function are exempted from the wetland buffer
strip requirement. All other areas and Structures,including retaining walls,roadways and trails,
shall meet the setbacks and wetland buffer strip standards established in Table 1 below. The use
of a meandering wetland buffer strip to maintain a natural appearance is preferred.
G. An existing Structure, driveway or parking area would be considered a legal nonconforming
Structure if a later WCA delineation shows that the wetland is closer than the required setback.
Table 1 -Wetland Buffer Strips and Setbacks
Exceptional High Moderate Low
Wetland Buffer Strip Minimum Width 40' 30' 20' 10'
Wetland Buffer Strip Minimum Average Width 60' 60' 40' 20'
Structure Setback(from Wetland Buffer Strip) 25' 25' 15' 15'
Total Minimum Average 85' 85' 55' 35'
H. The wetland buffer strip width for stormwater ponds or infiltration areas utilized for Public Value
or New Wetland Credit shall be measured from the Ordinary High Water Level(OHWL) of the
pond or infiltration area and shall be considered of moderate quality.
Subd. 7. Monumentation
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A monument is required at each Lot line where it crosses a wetland buffer strip and shall have a
maximum spacing of 200 feet along the edge of the wetland buffer strip. Additional monuments shall
be placed as necessary to accurately define the edge of the wetland buffer strip. If no wetland buffer
strip is required,monuments shall be placed at the wetland boundary. The monument shall consist of a
post and a wetland buffer strip sign. The post shall be a 1.12 to 2.0 pounds per foot(1.12 pounds per
foot is preferred) green steel channel post or other material pre-approved in writing by the City
Manager. The post shall be a minimum of 2.25 inches wide and 6 feet 6 inches long(2.25"x 6.5').The
sign shall have a minimum size of 3 inch by 8 inch(3"x 8"). The sign shall be mounted flush with the
top of the post and shall include the statement"Wetland Buffer: No Mowing Allowed" or"Wetland
Buffer:Vegetation Clearing Limit". The post shall be mounted to a height of four feet above grade and
set at least 2.5 feet in the ground. Monuments maybe waived in unusual circumstances where the City
determines that such signs would not serve a practical purpose.
Subd. 8. Vegetation Performance Standards
A. Where acceptable native, non-invasive vegetation exists in wetland, wetland replacement and
wetland buffer strip areas, the retention of such vegetation in an undisturbed state is required
unless an Applicant receives written approval from the City or any other agency which may
regulate the removal of vegetation to replace such vegetation. A wetland and/or wetland buffer
strip has acceptable natural vegetation if it:
1. Has a continuous,dense layer of perennial grasses that have been uncultivated or unbroken
for at least 5 consecutive years, or
2. Has an overstory of trees and/or shrubs with at least 80 percent canopy closure that have
been uncultivated or unbroken for at least 5 consecutive years, or
3. Contains a mixture of the plant communities described in(1)and(2) above that have been
uncultivated or unbroken for at least 5 consecutive years.
B. Notwithstanding the performance standards set forth above in Subdivision 8 (A), the City
Manager may determine existing wetland and/or wetland buffer strip vegetation to be
unacceptable if the wetland and/or wetland buffer:
1. Is composed of Weeds(including,but not limited to common buckthorn,purple loosestrife,
leafy spurge and/or noxious weeds as defined by Minnesota Statutes,Sections 18.76-18.88),
or
2. Has topography that tends to channelize the flow of surface runoff, or
3. For some other reason it is unlikely to retain nutrients and sediment.
C. Areas with unacceptable vegetation shall be re-graded,re-seeded and/or re-planted as needed and
maintained. The wetland, wetland replacement and wetland buffer strip planting requirements
must be identified in the Wetland Delineation Report or Wetland Buffer Strip Evaluation Report.
Wetland,wetland alteration,wetland replacement and wetland buffer strip landscaping shall be
according to the following standards:
1. Planted with a diverse native, non-invasive seed mix appropriate for the specific site
conditions that contains 100 percent perennial native vegetation. A one-time planting of an
annual nurse or cover crop such as oats or rye may be included.
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2. Seed mix used shall be a BWSR seed mix appropriate for the area requiring reseeding or
other alternative pre-approved in writing by the City Manager. The seeding rate shall be at
the rate recommended by the BWSR seed mix criteria or other pre-approved alternative.
3. Native shrubs may be substituted for the native seed mix where appropriate. All
substitutions must be pre-approved in writing by the City Manager. Such shrubs may be
bare root seedlings and shall be planted at a minimum rate of 60 plants per acre. Shrubs
shall be distributed so as to provide a natural appearance and shall not be planted in rows.
4. Any groundcover or shrub plantings installed within the wetland or wetland buffer strip are
independent of landscaping required elsewhere by the City Code.
5. Native prairie grasses and forbs shall be seeded or planted in accordance with"Restoring&
Managing Native Wetland & Upland Vegetation" (published January 2006 by the
Minnesota Department of Transportation(MnDOT)and BWSR)or other alternate method
pre-approved by the City Manager by a qualified contractor. Determination of the
contractor's qualifications shall be made by the City Manager. It is the responsibility of the
Applicant to have the contractor and method used approved by the City Manager prior to
planting or seeding.
6. No fertilizer shall be used in establishing new wetland buffer strips, except when deemed
necessary to establish acceptable wetland and/or wetland buffer strip vegetation and then
limited to amounts indicated by an accredited soil testing laboratory. Determination of
proper accreditation shall be made by the City Manager.
7. All seeded areas shall be mulched immediately with clean straw at a rate of 1.5 tons per
acre. Mulch shall be anchored with a disk or tackifier.
8. Wetland, wetland replacement and wetland buffer strip areas (both natural and created),
shall be protected by erosion control during construction in accordance with Section 11.51,
Subd. 7 of this Code.
9. The erosion control shall remain in place until the cover crop is established.
D. The Applicant shall establish and maintain the wetland and wetland buffer strip vegetation in
accordance with the requirements found in this Section,both during development and for two full
growing seasons after completion of the development. During this time, the Applicant must
replant any wetland and/or wetland buffer strip vegetation that does not survive.
E. After the second full growing season following completion of the development,if the condition of
the wetland and/or wetland buffer strip diminishes, the Applicant shall not be required to
reestablish the wetland and/or wetland buffer strip to meet the standards contained in Section
11.51, Subd. 8 of this Code. Wetlands created for Wetland Replacement must be monitored and
maintained by the Applicant until the wetland is reviewed and approved by the LGU in
accordance with the requirements established by Subdivision 11 of this Code and Minnesota
Rules Chapter 8420. After such times,the property owner on which the wetland and/or wetland
buffer strip is located shall be responsible for the maintenance of the wetland,wetland alteration,
wetland replacement and/or wetland buffer strip areas and must:
1. Maintain and repair damage to wetland and/or wetland buffer strip areas from activities
such as mowing,cutting,grading or other prohibited activities unless approved by the City
in writing as a Vegetation Management Plan.
2. Maintain only vegetation permitted in the Vegetation Management Plan or as found in
Section 11.51, Subd. 8 of this Code in the wetland and wetland buffer strip, including the
removal of all Weeds,unless allowed otherwise in writing by the City Manager.
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3. Ensure that all soil surfaces in wetland and wetland buffer strip areas are planted with
permitted vegetation and that there are no open soil surfaces that may result in erosion.
4. Maintain the wetland and wetland buffer strip as a"no mow" area.
Subd. 9. Encroachment in Required Setback and Wetland Buffer Strip Areas
A. Wetlands,wetland buffer strips and structure setback areas must be kept free of all Structures. A
maximum of ten percent(10%)of the Structure Setback area may be occupied by any Structures.
The acceptability of the proposed Structures within the Structure Setback area shall be made by
the City Manager.
B. Wetlands and wetland buffer strips must not be mown except as pre-approved in writing by the
City Manager for maintenance practices. The acceptability of the proposed maintenance practices
shall be made by the City Manager.
C. Variances/Waivers
1. Only variances meeting the standards and criteria set forth in Section 11.76, Subd. 1 and
waivers approved pursuant to Section 11.40, Subd. 8 of this Code for a Planned Unit
Development (PUD)process shall be granted. All variance requests must be made to the
Board of Adjustments and Appeals. All waiver requests must be made to the Planning
Commission and the City Council.
2. Variances or waivers shall not be granted which would circumvent the intent and purposes
of Section 11.51 of this Code.
Subd. 10. Performance Bond Required.
If a Development Application includes wetland alteration,wetland or wetland buffer strip landscaping
or construction of a wetland buffer strip the Applicant must file with the City Manager prior to release
of the final plat,or,if there is no plat approval involved,prior to the first building permit for the entire
subject property,a performance bond,cash escrow or letter of credit with a corporation approved by the
City Manager, as surety thereon, or other guarantee acceptable to the City Manager and in an amount
determined by the City Manager as set forth below. Performance Bond requirements for Development
Applications for areas where the City is the LGU are set forth in Section 11.51 Subdivision 11.
A. Amount-The amount shall be for no less than one and one-half(1 '/2)times the amount estimated
by the City Manager as the cost of completing a Wetland Plan for monument installation and
replacement and restoration and/or correction of the wetland and/or wetland buffer strip.
B. Schedule-The performance bond for the Wetland Plan must cover two complete growing seasons
following completion of the development and full and final restoration of all corrective actions
identified in the Final Annual Report and is conditioned upon complete and satisfactory
implementation of the approved Wetland Plan or Vegetation Management Plan and final
inspection of the wetland and wetland buffer strip by the City.
C. Submittals—The Applicant shall provide one copy of a signed contract with an environmental
consultant to monitor annual compliance and certify final completion of the wetland, wetland
buffer strip and wetland replacement requirements.
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D. Form of Application— The performance bond, cash escrow, letter of credit or other guarantee
acceptable to the City Manager shall be posted within 10 days of approval of the Development
Application and prior to the commencement of the Development or the preparations thereof.
Subd. 11 - Special Requirements for Wetland Conservation Act(WCA) Services
The following provisions apply to areas for which the City of Eden Prairie is Local Government Unit
(LGU). All survey information must be provided in the Minnesota County Coordinate System,
Hennepin County North American Datum 1983 (NAD83) (1996)projection in U.S. Survey feet. All
vertical elevations shall be in North American Datum 1988 (NAVD88).
A. Wetland Evaluation / Wetland Determination Review — The Applicant must provide a report
documenting site conditions; wetland delineation review procedures; and a statement as to
whether wetlands are present on site. Field data sheets documenting soil, vegetation and
hydrology conditions at a minimum of two locations must be included with the report. If a
wetland is identified, a Wetland Delineation Report must be prepared. Data must be provided a
minimum of one week prior to scheduling the site review with the Environmental Coordinator.
Wetland evaluations and wetland determinations will be reviewed and approved by the
Environmental Coordinator. The decision of the Environmental Coordinator shall be final unless
within 30 days of the date of mailing of the decision the Applicant files an appeal with the City
Council pursuant to City Code Section 2.80.
B. Wetland Delineation and No Loss Determination Review — The Applicant must provide the
following information for review of site conditions a minimum of one week prior to scheduling a
field review with the Environmental Coordinator:
1. Wetland Delineation Report, two print copies and one electronic (PDF)version in color
(all maps in the PDF version need to be developed for an 11"x 17"printable format with
sufficient detail so all features are legible)
2. Wetland Buffer Strip Report, one print and one electronic copy(PDF)
3. Scaled public land survey map of the wetland delineation and boundary and sample points
4. Survey data in a format compatible with ArcView software
5. A minimum of two wetland data forms per wetland representing the wetland parameters at
two locations along with a data form documenting upland conditions at each location.
6. Color copies of current and historical aerial photographs as required to define current and
historic wetland conditions or wetland boundaries
The Environmental Coordinator shall review and approve wetland delineations, wetland
determinations and no-loss determinations. The Environmental Coordinator shall issue his/her
decision in accordance with Minnesota Statute 15.99,Subd.3. The decision of the Environmental
Coordinator shall be final unless within 30 days of the date of mailing of the decision the
Applicant files an appeal with the City Council pursuant to City Code Section 2.80.
C. Permit Application Requirements — Wetland Alteration, constructing boardwalks, removing
healthy native vegetation or otherwise altering or destroying any wetland or wetland function,
either wholly or partially, by any person requires submittal of a Combined Wetland Permit
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Application for review and approval by the City. Except for those wetlands exempt under
Minnesota Rule 8420.0122, any alteration to a wetland must result in a zero net loss.
D. Wetland Replacement Plan Application—A Combined Wetland Permit Application for Wetland
Replacement shall be made in writing to the City. The Application shall set forth the location and
plan for the proposed project. The Applicant must provide seven printed and one electronic
(PDF)version in color(all maps in PDF version need to be developed for an 11"x 17"printable
format with sufficient detail so all features are legible). The Application must include:
1. The name and address of the person(s) applying for the permit(Applicant).
2. The name and address of the owner(s) of the land where the project will occur.
3. The name and address of the managing agents or consultants that are or may be involved
with the wetland alteration and/or replacement activities.
4. The estimated period of time within which the project will be conducted.
5. A topographic map of the proposed project area(s)to a minimum scale of one inch equals
50 feet showing existing ground elevation contours at two-foot intervals. The map shall
show:
a. The size and location of the wetland in relation to the property boundaries,including a
scaled public land survey with the coordinates of the approximate wetland center and
sample locations.
b. The property and a minimum of 50 feet of land abutting the property, as it existed
prior to the proposed land alteration.
c. The proposed ground elevation contours at 2 foot intervals on the property when the
land alteration is completed.
d. Locations of any surface inlets or outlets draining into or out of the wetlands.
e. Pre- and post-drainage areas for all existing and proposed wetlands.
f. Photographic reference points and proposed transect or sampling locations for wetland
replacement or wetland banking plans.
g. Survey data in a digital shapefile or comma delimited ASCII file format compatible
with ArcView software.
6. Wetland Type of all existing and proposed wetlands,including a comparison to the Eggers
and Reed"Wetland Plant Community Types" document.
7. Recent color aerial photograph of the proposed impact area.
8. Grading plan of the proposed project area(s)to a minimum scale of one inch equals 50 feet
prepared by a registered professional engineer that includes appropriate drainage areas and
drainage calculations,proposed two-foot contours of the land when the project is complete
and erosion control to be used during construction. Construction details, including the
proposed elevations and contours,for any control structures must be included on the plans.
9. A list of dominant or abundant vegetation in each stratum,utilizing the"50/20 rule"in the
proposed impacted/altered wetland areas, including scientific and common names, and of
vegetation exceeding 10% coverage and an estimated percentage of coverage for each.
10. A soils map of the site showing soil type and substrate.
11. Landscaping or revegetation plan at the same scale as the topographic map.
12. Such other information as may be necessary to evaluate the proposed wetland alteration and
wetland replacement plans and to determine the amount and types of wetland to be
impacted.
13. Evidence of ownership or property rights to the affected area.
14. Such other information as required by Minnesota Rule 8420.0530 and the City.
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E. Wetland Replacement Plan Approval-Wetland Replacement Plan Applications shall be allowed
subject to approval by the City Council unless the area to be altered or impacted is less than 5,000
square feet in size in which case the Plans shall be subject to approval by the Environmental
Coordinator. If the City determines that a feasible and prudent alternative exists that would avoid
or minimize impacts to the wetland it shall deny the Application.
The City shall make its decision regarding the Wetland Replacement Plans in accordance with
Minnesota Statutes 15.99, Subd. 3.
Approval of the Application shall be valid for a period of no more than three years. If the work
has not begun within three years of the date of approval of the Application,the approval shall be
void.
Approval of an Application for Wetland Alteration and/or Wetland Replacement does not exempt
the Applicant from obtaining any and all other necessary permits for work within a wetland
and/or wetland buffer.
F. Wetland Replacement Annual Reports — Annual reports shall be prepared in accordance with
Minnesota Rules 8420.0620 and must include the following information:
1. Reference photographs taken within 4 weeks of completion of the grading and within 4
weeks of completion of the landscaping.
2. A description of activities completed in the current year
3. A list of activities planned for the following year
4. As-built plans (for the first year only) to a minimum scale of one inch equals 50 feet
showing existing ground elevation contours at two-foot intervals
5. A comparison of actual conditions with the as-built specifications and proposed plans
6. Monthly hydrology measurements from April through October
7. A list of vegetation that have 10% coverage or more
8. A comparison of proposed versus actual Wetland Types within the wetland and wetland
replacement areas
9. Map of the plant communities within the wetland,wetland replacement and wetland buffer
areas included in the Wetland Replacement Plan. The map shall be overlain on the
topographic map provided for the Wetland Replacement Plan.
10. Monthly color photographs from the photographic reference points from April to October.
11. All information required by Minnesota Rules 8420 for wetland replacement reporting.
Wetland Replacement Annual Reports must be submitted by November 1 each monitoring year.
If the City does not receive either : 1) an annual monitoring report; or 2) notification that the
report will be provided prior to December 31st by the November 1st deadline the City will charge
the Applicant for cost incurred by the City,including staff time,to collect the information needed
to complete the Wetland Replacement Annual Report. One print and one electronic(PDF)copy
in color (all maps in PDF version need to be developed for an 11" x 17"printable format with
sufficient detail so all features are legible) shall be submitted for review.
G. Fees — Submittal of requests for wetland determinations, sequencing flexibility, wetland
delineation reviews,field or technical reviews of current or historic wetland and/or wetland buffer
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conditions, or an application for a Wetland Replacement Plan shall be accompanied by a non-
refundable application fee and a cash deposit in such amounts as determined by the City Council
and fixed by Ordinance. The cash deposit, or a portion thereof,will be refunded after final City
Council action on the Development Application,or if there is no Development Application,after
completion of City review and approval of the submittal,unless the total sum is greater than the
administrative review cost. Costs may include, but are not limited to:
1. Consultant fees assisting in City review, providing technical assistance or other services
required to meet WCA requirements.
2. City staff time expended in review, approval and processing of the Application or other
services required to meet WCA requirements.
3. Consultant fees or City staff time expended in coordinating and holding Technical
Evaluation Panel meetings.
4. Mailing, legal notices and other administrative costs.
5. Any other reasonable costs incurred by the City in review of the proposal.
Full payment of the fees and cash deposit must be made by the Applicant prior to consideration of
the Development Application. All costs incurred by the City greater than the cash deposit balance
will be billed to the permit holder.
H. Performance Bond—The performance bond, cash escrow or letter of credit required in Section
11.51, Subd. 10 shall include costs associated with the City and WCA requirements for Wetland
Alteration or Wetland Replacement projects, including but not limited to construction, seeding,
planting, monument installation and annual monitoring for a minimum period of 5 years. The
Bond must include costs associated with re-grading or purchase of off-site Wetland Replacement
if on-site Wetland Replacement is unsuccessful. The performance bond,cash escrow or letter of
credit shall be extended beyond the required monitoring period for up to an additional five-year
period if, in the written opinion of the Technical Evaluation Panel, the goal of the replacement
plan has not been achieved but may be achieved with more time. The amount of security shall be
150% of the estimated cost to complete the scope of work associated with the Wetland Plan and
Wetland Replacement Plan.
I. Wetland construction or replacement must be conducted as required in Minnesota Rules 8420 and
the Minnesota Wetland Restoration Guide (BWSR).
Section 2—Pursuant to Minnesota Statutes Section 103G.2243,the City Council adopts a Local
Comprehensive Wetland Protection and Management Plan which has been prepared under the
requirements of Minnesota Rules Chapter 8420.
Section 3—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 4 -Effective Date - This Ordinance shall take effect upon its passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 4th day
of March, 2008 and finally read and adopted and ordered published at a regular meeting of the City
Council of said City on the 18th day of March, 2008.
19
Kathleen Porta, City Clerk Phil Young, Mayor
PUBLISHED in the Eden Prairie Newspaper on , 2008.
20
Section 4 -Effective Date - This Ordinance shall take effect upon its passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 4th day
of March, 2008 and finally read and adopted and ordered published at a regular meeting of the City
Council of said City on the 18th day of March, 2008.
Kathleen Porta, City Clerk Phil Young, Mayor
21
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2008-
A RESOLUTION APPROVING THE SUMMARY
OF ORDINANCE NO. -2008 AND ORDERING
THE PUBLICATION OF SAID SUMMARY
WHEREAS, Ordinance No. -2008 was adopted and ordered published at a regular
meeting of the City Council of the City of Eden Prairie held on the 18th day of March 2008.
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. -2008 is lengthy and/or contains charts.
B. The text of the summary of Ordinance No. -2008, 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 News 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. -2008 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 March 18, 2008.
Phil Young, Mayor
ATTEST:
Kathleen Porta, City Clerk
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
SUMMARY OF ORDINANCE NO. - 2008
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CITY
CODE CHAPTER 11, SECTION 11.51 RELATING TO REGULATIONS RELATING TO
STANDARDS FOR THE PROTECTION OF WETLANDS AND PROVIDING FOR
PENALTIES FOR VIOLATION THEREOF.
The following is only a summary of Ordinance No. -2008. 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 Section 11.511 to clarify and expand the requirements for
wetland regulation and protection. The revisions include the following:
• Adoption of Local Government Unit(LGU)status for Riley-Purgatory-Bluff Creek Watershed
District.
• Incorporation of revisions to the Wetland Conservation Act(WCA)that were made in 2007.
• Incorporation of revisions to the Nine Mile Creek Watershed District(NMCWD)wetland rules.
• Additional requirements for documentation of avoidance and minimization for proposed wetland
impacts.
• Standards for application,review and approval of field review requests and report submittals.
• Miscellaneous housekeeping items that have arisen in day to day application of the ordinance.
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 March 18, 2008.
ATTEST:
Kathleen Porta, City Clerk Phil Young, Mayor
PUBLISHED in the Eden Prairie News on , 2008.
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar March 18, 2008
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.C.
Randy L. Slick Final Plat Report of Castle Ridge 2nd
Public Works /Engineering Addition
Requested Action
Move to: Adopt the resolution approving the final plat of Castle Ridge 2nd Addition.
Synopsis
This proposal is for the plat located in the southwest quadrant of Prairie Center Drive and
Columbine Road intersection. The plat consists of 4.83 acres and is to be divided into one lot,
one outlot and right-of-way dedication for street purposes. This proposal, CVS Pharmacy, is the
first phase of the Presbyterian Homes redevelopment project.
Background Information
The preliminary plat was approved by the City Council on November 13, 2007. Second reading
of the Rezoning Ordinance and final approval of the Developer's Agreement was completed on
March 4, 2008.
Approval of the final plat is subject to the following conditions:
• Receipt of engineering fee in the amount of$644.54.
• Receipt of street lighting fee in the amount of$2,320.16.
• Prior to the 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.
• Execution of Special Assessment Agreement for streetscape improvements.
• The requirements as set forth in the Developer's Agreement.
• 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 by April
30, 2008.
• Prior to release of the final plat, PHAAL shall provide an easement granting ingress
and egress access to the general public across the property.
• Prior to release of the final plat, 605/Lehtinen and PHAAL shall provide sidewalk and
trail easements on that portion of the property owned by each to the general public.
• Revision to plat shall include the existing 10' wide storm sewer drainage and utility
easement.
• Revision to plat shall include a 25' wetland buffer around the existing wetland.
• Prior to release of the final plat for the 2nd Addition and any subsequent phase,
PHAAL shall provide a Cross-Access Driveway Easement Agreement.
• Prior to release of the final plat, PHAAL shall provide a Cross-Access and Private
Utility Easements and Maintenance Agreement.
• Prior to release of the final plat, 605/Lehtinen and PHAAL shall enter into an
Environmental Indemnity and Hold Harmless Agreement.
• Prior to release of the final plat, PHAAL shall provide a performance bond, cash
escrow, letter of credit in the amount of $20,000 to secure the closure of the
temporary median opening.
Attachments
• Resolution
• Drawing of final plat
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO. 2008-
A RESOLUTION APPROVING FINAL PLAT OF CASTLE RIDGE 2ND ADDITION
WHEREAS,the plat of Castle Ridge 2nd 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 Castle Ridge 2nd is approved upon compliance with the
recommendation of the Final Plat Report on this plat dated March 18,2008.
B. Variance is herein granted from City Code 12.20 Subd. 2.A. waiving the six-month
maximum time lapse between the approval date of the preliminary plat and filing of the
final plat as described in said engineer's report.
C. That the City Clerk is hereby directed to supply a certified copy of this resolution to the
owners and subdivision of the above named plat.
D. That the Mayor and City Manager are hereby authorized to execute the certificate of
approval on behalf of the City Council upon compliance with the foregoing provisions.
ADOPTED by the Eden Prairie City Council on March 18, 2008.
Phil Young,Mayor
ATTEST: SEAL
Kathleen Porta, City Clerk
CASTLE RIDGE 2ND ADDITION R.T. DOS. NO.
I
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_-'- \� da)J2 J> :Tae<to, m,. ,0 �`� %aes ^ N 3\42�g No n <<
(;) Sj Q7 > EDCE 0 i °:gb ��' (a W U IDe most southerly line o/Outlot G OOL IA,IOINE
\ JJ. l\ \� *,^ TLA 438/8 __ '°^J 2 ROAD ADDISON is assumed to bear el8959"22E
c/ \\ o9s" ' R�420.00 pa 5g°30'p0° v Denotes r/2 mcn br r4 mcn it n mon enr
NO3°39'03°E ° sef and marked by License Noo43933um
478.93 _
��J \ \ ., - N00°23'42°E 374.20 = ? �— —- • Denotes r/2 Inch by r4 2 O MO"monument
e i- u m L; i N - I found and marked by License/No.14945
<a R 0 A D ytie'
-)-7 -Jis p0 pe,ry
L. 1
G'
Westwood
Professional Services,Inc.
sneer 2 of 2 sneers
CASTLE RIDGE 2ND ADDITION R.T. DOC. NO.
KNOW ALL MEN BY TNESE PRESEN1fi That Presbyterian Homes Housing and Assisted Living,Ins,a Minnesota non—profit aeration,lee owner of the Eden Prairie,MINNESOTA
following described property situated in the County of Hennepin,State of Minnesota,to wit This plot of CASTLE RIDGE 2ND ADDITION was approved and accepted by the City Council of Eden Prairie, Minnesota,at o regular meeting thereof held this
day of 200_ If applicable,the written comments and recommendatiions of the Commissioner of Transportation and the
Lot 1,Block I;also County Highway Engineer have been rec a City or theprescribed 30 day period has elapsed without receipt of such comments and
recommendations,as provided by Minnesota 5fattufes,Section 5503,Subdivision 2.
Outlet C;
al/in Columbine Road Addition art COINNYL OF EDEN PRAIRIE MINNESOTA
surveyedHas caused the same to be and plotted os CASTLE RIDGE 2ND ADDITION and does donate and
the public way and also dedicates the easements as shown on the plat for drainage and utdityrpurposes only dedicate o e public public use waver By By
Motor City Manager
TAXPAYER SERVICES DEPARTMENT Hennepin Canty,Minnesota
In witness whereof said Presbyterian
Hasln9 and Assisted ,a 9,Inc. a Minnesota non—profit corporation,has caused these presents to b signed by Z�hereby certify that taxes payable in and prior years hove been paid for land described on this plot Doted this day of
its proper officer this day of tl[200
Presbyterkn Homes Housing and Assisted LNMµ Ma
/0 L.Alvan,Hennepin Canty Auditor By
Deputy
By
Mark Meyer,Chief Financial Officer SURVEY ORISON,Hennepin County,Minnesota
Pursuant to MINN.STAT.Sec.3838.565(1959)this plat hos been approved this day of ,20_
STATE OF MINNESOTA
COUNTY Of
The foregoing instrument was ndnowled ed before Inc., this pia of corparotson on b 200 o poratonrk Meyer,Chief Financial 0/titer of, m P.Brown,He epsn Canty Surveyor By
Presbyterian Homes Housing and Assist Living, a,a Minnesota non— ft behalf of the c Wilha
REHSTRAR Or nn.EN H County,Minnesota
By I hereby certify that the within plat of,CASTLE RIDGE 2ND ADDITON was filed in this office this day of 200
at o'clock_M.
MytCrnmissi
ry Pubfsca Expires County,Minnesota
Michael H.Conniff,Registrar of,Toes By
Deputy
hereby certify that this plat of CASTLE RIDGE 2ND ADDITION is a correct representation of the boundary survey:that all mathematical data and labels are
correctly designated on the plat:f depicted a the plot have been or one year as indicatedhe plat;that
all water of the rveyar's certification arehe plat:thatall public ways are shown and
labeled a the plat I further(certify that this plat was prepared by me or under my direct and
that/am a duly licensed land surveyor under the
lows of the State of Minnesota.
By
Mark R.Salo,Land Surveyor
Licensed Land Surveyor
Minnesota License No.43633
STATE OF MINNESOTA
COUNTY OF
The foregoing Surveyor's Certificate was acknowledged before me this day aj 200_by Mork R.Salo,Land Surveyor,
Minnesota License No.43933
By
ry Pub/sc Canty.Minnesota
MytCrnmissia Expres
Westwood
Professional Services,Inc.
Sheet 1 of 2 sheets
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar March 18, 2008
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.D.
Randy L. Slick Final Plat Report of Bluff Country
Public Works /Engineering Village 3rd Addition
Requested Action
Move to: Adopt the resolution approving the final plat of Bluff Country Village 3rd
Addition.
Synopsis
This proposal is for the plat located north of Pioneer Trail and east of Hennepin Town Road.
The plat consists of 5.13 acres to be divided into two lots and one outlot. This is a replat of
Outlot C, Bluff Country Village.
Background Information
The preliminary plat was approved by the City Council on December 18, 2007. Second reading
of the Rezoning Ordinance and final approval of the Developer's Agreement was completed on
March 4, 2008.
Approval of the final plat is subject to the following conditions:
• Receipt of engineering fee in the amount of$670.00.
• Receipt of street lighting fee in the amount of$1,229.58.
• The requirements as set forth in the Developer's Agreement.
• Provide a list of areas (to the nearest square foot) of all lots, outlots and road right-of-
ways certified by surveyor.
• Prior to release of final plat, Developer shall provide a Cross Access and Maintenance
Agreement over the private driveway located within Lot 1, Block 1, Bluff Country
Village 3rd Addition.
• 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.
• Prior to release of the final plat, Developer shall convey to the City sidewalk and trail
easements in such locations as determined by the Director of Parks and Recreation
Services.
• Revision to plat shall include changing Outlot B to Lot 2, Block 1 to be consistent
with preliminary plat and the Development Agreement.
• Revision to plat shall include standard boundary drainage and utility easements on
newly labeled Lot 2, Block 1.
• Prior to release of the final plat, Developer shall provide a Warranty Deed to the City
of Eden Prairie for Outlot A.
Attachments
• Resolution
• Drawing of final plat
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO. 2008-
A RESOLUTION APPROVING FINAL PLAT OF
BLUFF COUNTRY VILLAGE 3rd ADDITION
WHEREAS, the plat of Bluff Country Village 3rd Addition has been submitted in a manner
required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the
Minnesota Statutes and all proceedings have been duly had thereunder, and
WHEREAS, said plat is in all respects consistent with the City plan and the regulations and
requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie.
NOW, THEREFORE,BE IT RESOLVED by the Eden Prairie City Council:
A. Plat approval request for Bluff County Village 3rd Addition is approved upon
compliance with the recommendation of the Final Plat Report on this plat dated March
18, 2007.
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 March 18, 2008.
Phil Young, Mayor
ATTEST: SEAL
Kathleen Porta, City Clerk
BLUFF COUNTRY VILLAGE 3RD ADDITION
C.R. DOC. NO.
I I /
D[] R IC ._SD /
•-� 1 Hifi:- ADD^^. NB9'Sa;51'E KNOW ALL MEN BY THESE PRESENTS:Thal Muslatl investment Corporation,a Minnesota corporation.fee owner of the following described
:
•� —— properly situated In the County of Hennepin.Stale of Minnesota,to wit
-F:1Bi_I s•h
Outlol C,BLUFF COUNTRY VILLAGE V - / - ra _
, Has caused the same to be surveyed and platted as BLUFF COUNTRY VILLAGE 3ft0 ADDITION and does hereby donate and dedicate to the public
ga, for public use forever the easements for drainage and utility purposes as shown on this plat.
-
m- / In witness whereof said Rusted Investment Corporation.a Minnesota corporation has caused these presents to he signed by Its proper officer this
/
iaDTLer B 7 day of .200
_
o 0 • / co w HUSTAO INVESTMENT CORPORATION
oarr CIa 'ire / -_ •, /I a .
i n°\rr / -' r ''1> its
! ae(�Sg, v p�7�p', it ry4; ' STATE OF MINNESOTA
It �'07":`J ` / , COUNTY OF HENNEPIN
', r1 - / wO la The foregoing instrument was acknowledged before me this dry of ,200_by .the
N �e qt O / �Nr / • of Hustad Investment Corporation,a Minnesota corporation,on behalf of the corporation.
Oal n /7/ \ /
No Scats__ Notary Public.Hennepin County.Minnesota
/ a v ' / I __ My Commission Expires .
3ry O1� .I _ I hereby certify that this plat of BLUFF COUNTRY VILLAGE 3RD ADDITION Is a correct representation of the boundary survey:that all
>/ II: I g mathematical data and labels are correctly designated on the plat:that all monuments depicted on the plat have been or will be correctly set within
/ tea`''•a' OUTLOT B 51 _ 1 h I one year as Indicated on the plat:that all water boundaries and wet lands as of the dale of the surveyor's certification are shown and labeled on the
/ �5, u c _ ' plat:that all public ways are shown and labeled on the plat I further certify That this plat was prepared by me or under my direct supervision and
o° u 1 n I that I am a duly licensed land surveyor under the laws of the Slate of Minnesota.
/ Ok I --
/ 9 -
\ / �.,_ ti 6�5M1 ..ax':'•• /- , 2 I �I n Jeffrey D.Lindgren,Licensed Land Surveyor
•-.to 'L - - /M1,e �a2 "n 'j i Minnesota License Number 14376
F}- ..\ O"x_-- .,,`ok„/----__
- -;r5i4\\ 'r - ?' _ STATE OF OTA
y �'ip 'F • COUNTY OF DAKOTA
.+r d' 13°. \ ato I •Danotee 1/2 Inch Iran pipe
E• y] `ems.0 r"r��S ,1I.'p i ll monument found. • The foregoing surveyors certificate was acknowledged before me this day of ,200_by Jeffrey D.Lindgren,Land
/ �M1 BLOCK 1 e O Denotes 1/2 Inch by 14 Inch Iron Survey°r.
� dA y•3''' v pipe monument cat and marked by
/ e / �m 21.9)w- `I'L I (-_ Ucense No.143]6.
/ �a / TT
,�• , f_ see DebA`' I el lno9v and Utglly Ev''''''a are
/ r • C i' -- / 1 j • '] ahem lhua: Notary Public,Dakota County,Minnesota
.i �` ; ; LOT / / I'v s� i _ I I My Commission Expires
/ 'C, Nep.]r• . -^_ _ !\\,,tip•`.t,- ,•r/M1 i uN•. a S--I} EDEN PRAIRIE,MINNESOTA
A' ` 4t'J `'•: �`�� ']'`g / •:v I I__
*L_ o This plat of BLUFF COUNTRY VILLAGE 3RD ADDITION was
•/ T' See• Ov- ti / o- __ approved and accepted by!he lb Council m Eden Pralrle,Minnesota 1 a regular
0 •\ 450D E,,) \�'� )Nd2• / I (-. meeting thereat held on this day of .2DD .If applicable,the written comments and recommendations of the
/ m�''1' j �0 e . 56B•13'3U'Y�', r�. W _ I I Commissioner of Transportation end the County Highway Engineer have been received by the city or the prescribed 30 day period has elapsed
/ pF' _�,Nga'b" ` .b" H�—''-�p; o.1 N19'g59�5 n� 1 being 5 feet N width and odyolnNg without receipt of such comments and recommendations,as provided by Minnesota Statutes,Section 505.03,Subtlivlsi°n 2.
m V I_ +Yv-W "''.� -•-z49�ts5- \`\%2,5. �/ • �„ Ivtd lla teal lnawidih otherwise
vdyolning CITY COUNCIL OF EDEN PRAIRIE,MINNESOTA
ti} ,,?'- ' - F "y'.-� Ni I = street lines an ahem on the plot
/ 3, I s$%- _ r\a 375• / IL'
_ r(p. e(uro, r2ge, _ plot of
shaven aro bveed upon the
/ V, OUTLOT A y E • 1••O �1,xi E/ I F- plot of BLUFF COUNTRY VILLAGE By: Meyer By: Manager
I (o stooge and Utility e �s' t tT TAXPAYER SERVICES OEPARTMENT,HENNEPIN COUNTY,MINNESOTA
ry Easement over elf of Oudot A) - 'Nr
/ m • a,t ee.,,at 'I _ I " I hereby cattily Thal lazes payable In and prior years have been paid In lull for all land described en this plat.
'W '- Oe xsa oreo pP1s - 3754`- gl I F- Doled this day of
/ • Y. 2 - _.._..\ -tldl'S94T E W j -
%•� \--- in, 3 • to
" ..? ii
• - (- Jill L Alvorson,Hennepin County Auditor By: Deputy
.' •n S I L SURVEY DIVISION,HENNEPIN COUNTY,MINNESOTA
T'� Pursuant to Minnesota Statutes,Section 30313.555(1969).this plot has been approved this day of 200 .
/y . j/ WET LAND I 1 4l '.; 1 iii
/ w,� \ / �q,F �,: ikl_ i t- William P.Brown,Hennepin County Surveyor By
_ ' .A''') 4,' ![,,r 1.0 :h COUNTY RECORDER,HENNEPIN COUNTY,MINNESOTA
'
C , l
/ ---.- y� �IC r°_ I lL I hereby cattily that the within plat of BLUFF COUNTRY VILLAGE 3R0 ADDITION was filled for record In this office this day of
NSL' AY'rr< y\ •4'n •• 200_at o'clock .M.
D � \y N]2'Z6�, zi C.� \\W,\j,\% / aq\ I I Michael H.Conniff,County Recorder By: Deputy
'• W 295,5e '62 \\r\/ r
J
'N \( 1 I 50 0 50 MD 150
/ 9d9 f I Scale In Feet
/ I I�®���®
/ I PLANN/NC ENG/NfER/NC SURVEY/NC
CITY COUNCIL AGENDA DATE:
SECTION: Consent Agenda March 18, 2008
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.E.
Rick Wahlen Award Contract for Wash-Water Tank
Public Works/UtilitiesReconditioning Project at the Water
Treatment Plant
Requested Action
Move to: Award contract to Champion Coatings, Inc. for the recoating of the wash-water
tank at the Eden Prairie Water Treatment Plant, in the amount of$52,000.
Synopsis
The purpose of this bid is to complete the reconditioning of the filter back-wash water tank at the
city's water treatment plant. The tank was structurally repaired under the supervision of KLM in
2006, however the final painting of the steel was postponed until such time as the treatment plant
could be operated at the lower winter-time production rate. This allows more time to complete the
painting project, and substantially reduces the cost of the recoating. Two bid options were allowed
for price comparison — one for completion this spring, and the alternate allows for completion next
fall. Four bids were submitted, as shown in the attachment(s). The "fall 2008"option/bid was
chosen (start project on or before October 13, 2008, and be completed by November 10, 2008).
Staff recommends award of the contract to Champion Coatings, Inc., in the amount of$52,000.
Background Information
The back-wash water tank at Eden Prairie's water treatment plant buckled when the water was
rapidly drained from the tank many years ago. The resulting wrinkles in the tank steel did not
greatly affect the integrity of the tank, so it was cosmetically covered with a thick layer of
insulation to conceal the damage, and the tank worked fine for many years. In 2005, the tank
began to leak at one of the wrinkle points, so it was taken out of service and ultimately repaired.
The majority of the steel reinforcement work was on the exterior of the tank walls, which is
surrounded by a brick building, so repainting the tank was not critical for the operation or for
appearance. This contract provides for the completion of this project with staff's
recommendation to accept the low-bid for the least cost option.
Funds for this project are available and will be paid from the water utility construction fund.
Attachment
• Letter of Recommendation
• Bid Tabulation
Ii1M41.1mw KLM ENGINEERING INC.
P.O.Box 897.3394 Lake Elmo Ave.N.•Lake Elmo,MN 55042
(651)773-5111•Fax(651)773-5222
March 13, 2008
Mr. Steve Pitkanen By Email & U.S. Mail
Water Treatment Plant Supervisor
City of Eden Prairie
14100 Technology Drive
Eden Prairie, MN 55344-2230
RE: Bid Evaluation of Reconditioning the Cleaning, Repairing and Painting of the
187,000 Gallon Back Wash Tank in the City of Eden Prairie, Minnesota.
KLM Project No. MN2479
Dear Mr. Pitkanen;
The bid opening was held on March 13, 2008 at 10:00 AM at the City of Eden Prairie
Office. The bids received were as follows:
Proposal 1.0 Cleaning Repairing & Painting 187,000 Gallon Back Wash Tank
Bidders Total Base Bid
Champion Coatings, Inc. $ 57,000.00
LeadCon, Inc. $ 79,800.00
TMI Coatings, Inc. $ 93,000.00
Classic Protective Coatings, Inc. $134,573.00
Proposal 2.0 Cleaning Repairing & Painting 187,000 Gallon Back Wash Tank
Bidders Total Base Bid
Champion Coatings, Inc. $ 52,000.00
LeadCon, Inc. $ 79,800.00
TMI Coatings, Inc. $ 93,500.00
Classic Protective Coatings, Inc. $120,573.00
In reviewing the qualifications of the bidders, we find Champion Coatings, Inc. meets the
requirements of the specifications and are qualified to do the work for Proposal No. 1 and
Proposal No. 2.
We recommend you accept the lowest bidder, Champion Coatings, Inc. Proposal No. 2 (fall of
2008) for the reconditioning; their bid was $52,000.00
Enclosed for your reference is the bid tabulation sheet on the projects. Please feel free to call me
with any questions you may have on the bidding of the project.
Sincerely,
KLM Engineering Inc.
Jack R. Kollmer
President/Principal
JRK/ls
Encl: Bid Tabulation Sheets
CC: Rick Wahlen/City of Eden Prairie (email)
Office MN2479
C:\ls\2008 Projects\MN2479 Eden Prairie\Bid Tabulation Letter to City 03-13-08.doc
Bid Tabulation Sheet Page 1
Bid Date: March 13, 2008 Opening Time: 10:00 AM Owner: City of Eden Prairie
Proposal No. No. 1.0 Description: Cleaning, Repairing & Painting 187,000 Gallon Eleveated Water
Owner Project No. Storage Tank- Back Wash Tank
KLM Project No. : MN2479
Start on of before April 14, 2008 and be completed by May 12, 2008 (28 calendar days)
Contractor Bid Bond Affadavit Bid Item No. 1 Bid Item No. 2 Bid Item No. 3 Total Bid
5% of Int Spot/Abrasive Ext Abrasive Mobilization
Attendance Blast&Coat Blast&Coat In/Out Cleanup
Required 400 Sq. Ft. Lump Sum Lump Sum
$19.50
Classic
Protective X X $ 7,800 $ 114,773 $ 12,000 $ 134,573
Coatings, Inc.
$10.00
Champion
Coatings, Inc. X X $ 4,000 $ 50,000 $ 3,000 $ 57,000
$15.00
TMI
Coatings, Inc. X X $ 6,000 $ 80,000 $ 7,000 $ 93,000
$12.00
LeadCon
Inc. X X $ 4,800 $ 70,000 $ 5,000 $ 79,800
Bid Tabulation Sheet Page 1
Bid Date: March 13, 2008 Opening Time: 10:00 AM Owner: City of Eden Prairie
Proposal No. No. 2 Description: Cleaning, Repairing & Painting 187,000 Gallon Eleveated Water
Owner Project No. Storage Tank- Back Wash Tank
KLM Project No. : MN2479
Start on or before October 13, 2008 and be completed by November 10, 2008 (28 calendar days)
Contractor Bid Bond Affadavit Bid Item No. 1 Bid Item No. 2 Bid Item No. 3 Total Bid
5% of Int Spot/Abrasive Ext Abrasive Mobilization
Attendance Blast&Coat Blast&Coat In/Out Cleanup
Required 400 Sq.Ft. Lump Sum Lump Sum
$19.50
Classic
Protective X X $ 7,800 $ 100,773 $ 12,000 $ 120,573
Coatings, Inc.
$10.00
Champion
Coatings, Inc. X X $ 4,000 $ 45,000 $ 3,000 $ 52,000
$15.00
TMI
Coatings, Inc. X X $ 6,000 $ 80,000 $ 7,500 $ 93,500
$12.00
LeadCon
Inc. X X $ 4,800 $ 70,000 $ 5,000 $ 79,800
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar March 18, 2008
DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 02-5583 ITEM NO.: VIII.F.
Randy Newton Professional Services Agreement with SRF
Public Works/Engineering Consulting Group for Concept Design of
Prairie Center Dr. /Preserve Blvd. &Anderson
Lakes Parkway/Preserve Blvd. Intersections
Requested Action
Move to: Approve Professional Services Agreement with SRF Consulting Group for the
Concept Design of the Prairie Center Drive/Preserve Boulevard and Anderson
Lakes Parkway/Preserve Boulevard Intersections
Synopsis
The Prairie Center Drive/Preserve Boulevard and Anderson Lakes Parkway/Preserve
Boulevard intersections are included in the 2009 Capital Improvement Plan. Developing concept
designs for the intersections is the first step in moving the projects forward.
Background Information
The Prairie Center Drive/Preserve Boulevard and Anderson Lakes Parkway/Preserve
Boulevard intersections have been identified as improvements projects in the 2009 Capital
Improvement Plan. Both intersections have design and operational deficiencies and experience
delay and significant vehicle queuing in the PM Peak Hour. Due to the relationship of the two
intersections it is proposed that the concept designs for the intersections be developed
concurrently.
A range of improvements will be reviewed at both intersections to determine the best overall
project. The project will build on previous traffic analysis completed for the Anderson Lakes
Parkway/Preserve Boulevard intersection and will include a public involvement process. Once
a preferred concept is selected for each intersection,preliminary design layouts and cost
estimates will be prepared.
Financial Implications
The Professional Services Agreement with SRF Consulting Group has an estimated cost of
$38,000. The total budget estimate for both projects is $4 million. The sources of funding for
the projects are anticipated to be Municipal State Aid and MCA funding, which is under review.
Attachments
• Professional Services Agreement
• SRF Proposal Letter
Rev. 03-2008
Standard Agreement for Professional Services
This Agreement is made on the 18 day of March , 2008 , 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,
Minnesota, 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
Concept Design of the Prairie Center Drive / Preserve Boulevard and Prairie Center Drive / Anderson
Lakes Parkway Intersections hereinafter referred to as the "Work".
The City and Consultant agree as follows:
1. Scope of Work/Proposal. The Consultant agrees to provide the professional services shown
in Exhibit "A" in connection with the Work. The terms of this standard agreement shall take
precedence over any provisions of the Consultants proposal and/or general conditions.
2. Term. The term of this Agreement shall be from March 18, 2008 through _October 1,
2008 , the date of signature by the parties notwithstanding. This Agreement may be extended
upon the written mutual consent of the parties for such additional period as they deem
appropriate, and upon the terms and conditions as herein stated.
3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus
expenses in a total amount not to exceed $ 38,000 for the services as described in
Exhibit A.
A. Any changes in the scope of the work which may result in an increase to the
compensation due the Consultant shall require prior written approval by an authorized
representative of the City or by the City Council. The City will not pay additional
compensation for services that do not have prior written authorization.
B. Special Consultants may be utilized by the Consultant when required by the complex or
specialized nature of the Project and when authorized in writing by the City.
C. If Consultant is delayed in performance due to any cause beyond its reasonable control,
including but not limited to strikes, riots, fires, acts of God, governmental actions, actions
of a third party, or actions or inactions of City, the time for performance shall be
extended by a period of time lost by reason of the delay. Consultant will be entitled to
payment for its reasonable additional charges, if any, due to the delay.
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Rev. 03-2008
4. City Information. The City agrees to provide the Consultant with the complete information
concerning the Scope of the Work and to perform the following services:
A. Access to the Area. Depending on the nature of the Work, Consultant may from time to
time require access to public and private lands or property. As may be necessary, the
City shall obtain access to and make all provisions for the Consultant to enter upon
public and private lands or property as required for the Consultant to perform such
services necessary to complete the Work.
B. Consideration of the Consultant's Work. The City shall give thorough consideration to all
reports, sketches, estimates, drawings, and other documents presented by the
Consultant, and shall inform the Consultant of all decisions required of City within a
reasonable time so as not to delay the work of the Consultant.
C. Standards. The City shall furnish the Consultant with a copy of any standard or criteria,
including but not limited to, design and construction standards that may be required in
the preparation of the Work for the Project.
D. 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, an itemized
invoice for professional services performed under this Agreement. Invoices submitted shall be
paid in the same manner as other claims made to the City for:
A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall
indicate for each employee, his or her name, job title, the number of hours worked, rate
of pay for each employee, a computation of amounts due for each employee, and the
total amount due for each project task. Consultant shall verify all statements submitted
for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For
reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an
itemized listing and such documentation as reasonably required by the City. Each
invoice shall contain the City's project number and a progress summary showing the
original (or amended) amount of the contract, current billing, past payments and
unexpended balance of the contract.
B. Suspended Work. If any work performed by the Consultant is suspended in whole or in
part by the City, the Consultant shall be paid for any services performed prior to receipt
of written notice from the City of such suspension, all as shown on Exhibit A.
C. Payments for Special Consultants. 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.
D. Claims. To receive any payment on this Agreement, the invoice or bill must include the
following signed and dated statement: "I declare under penalty of perjury that this
account, claim, or demand is just and correct and that no part of it has been paid."
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Rev. 03-2008
6. Project Manager and Staffing. The Consultant has designated Matt Hansen and Mark
Hansen to serve on the Project. They shall be assisted by other staff members as necessary
to facilitate the completion of the Work in accordance with the terms established herein.
Consultant may not remove or replace these designated staff from the Project without the
approval of the City.
7. 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.
8. 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.
The Consultant shall at all times abide by Minn. Stat. 13.01 et seq., the Minnesota Government
Data Practices Act, to the extent the Act is applicable to data and documents in the possession
of the Consultant.
9. Termination. This Agreement may be terminated by either party by seven (7) days written
notice delivered to the other party at the address written above. Upon termination under this
provision, if there is no fault of the Consultant, the Consultant shall be paid for services
rendered and reimbursable expenses until the effective date of termination. If however, the City
terminates the Agreement because the Consultant has failed to perform in accordance with this
Agreement, no further payment shall be made to the Consultant, and the City may retain
another consultant to undertake or complete the work identified in Paragraph 1.
10. 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.
11. 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.
12. 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
3
Rev. 03-2008
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.
13. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without
the written consent of the other party.
14. Services Not Provided For. No claim for services furnished by the Consultant not specifically
provided for herein shall be honored by the City.
15. 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.
16. 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.
17. Compliance with Laws and Regulations. In providing services hereunder, the Consultant
shall abide by statutes, ordinances, rules and regulations pertaining to the provisions of services
to be provided. 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.
18. 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.
19. 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.
20. Insurance.
A. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay
for such insurance as will protect against claims for bodily injury or death, or for damage
to property, including loss of use, which may arise out of operations by Consultant or by
any subcontractor or by anyone employed by any of them or by anyone for whose acts
any of them may be liable. Such insurance shall include, but not be limited to, minimum
coverages and limits of liability specified in this Paragraph, or required by law. The
policy(ies) shall name the City as an additional insured for the services provided under
4
Rev. 03-2008
this Agreement and shall provide that the Consultant's coverage shall be primary and
noncontributory in the event of a loss.
B. Consultant shall procure and maintain the following minimum insurance coverages and
limits of liability on this Project:
Worker's Compensation Statutory Limits
Employer's Liability $500,000 each accident
$500,000 disease policy limit
$500,000 disease each employee
Comprehensive Liability $1,000,000 property damage per occurrence
$2,000,000 general aggregate
$2,000,000 Products— Completed Operations
Aggregate
$100,000 fire legal liability each occurrence
$5,000 medical expense
Comprehensive Automobile
Liability $1,000,000 combined single limit (shall include coverage
for all owned, hired and non-owed vehicles.
Umbrella or Excess Liability $2,000,000
C. The Comprehensive General/Commercial General Liability policy(ies) shall be equivalent
in coverage to ISO form CA 00 01, and shall include the following:
a. Premises and Operations coverage with no explosions, collapse, or underground
damage exclusion (XCU).
b. Products and Completed Operations Property Damage coverage. Consultant
agrees to maintain this coverage for a minimum of two (2) years following
completion of its work.
c. Personal injury with Employment Exclusion (if any) deleted.
d. Standard ISO CG0001 0196 Contractual Liability coverage, or its equivalent, and
a Separation of Insureds clause.
e. Broad Form Property Damage coverage, including completed operations, or its
equivalent.
f. Additional Insured Endorsement(s) on ISO form CF 20 10 11 85, or its
equivalent, naming "the City of Eden Prairie." Additional insured coverage under
a July 2004 or later edition of said ISO form is not acceptable.
g. If the Work to be performed is on an attached community, there shall be no
exclusion for attached or condominium projects.
h. "Stop gap" coverage for work in those states where Workers' Compensation
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insurance is provided through a state fund if Employer's liability coverage is not
available.
Incidental Malpractice, Host Liquor Liability, and Blanket Contractual Liability
insurance applicable to the Consultant's performance 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 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. Said policy shall not name the City as an
insured.
D. Consultant shall maintain in effect all insurance coverages required under this
Paragraph at Consultant's sole expense and with insurance companies licensed to do
business in the state in Minnesota and having a current A.M. Best rating of no less than
A-, unless specifically accepted by City in writing.
E. In addition to the requirements stated above, all insurance policies required under this
Paragraph shall:
a. Be written on an "occurrence" form ("claims made" and "modified occurrence"
forms are not acceptable);
b. Apply on a "per project" basis;
c. Contain a waiver of subrogation naming "the City of Eden Prairie;"
d. Name "the City of Eden Prairie" as an additional insured (except for Professional
Liability Insurance);
e. Insure the defense and indemnity obligations assumed by Consultant under this
Agreement;
f. Contain a provision that coverages afforded there under shall not be canceled or
non-renewed or restrictive modifications added, without thirty (30) days prior
written notice to the City.
A copy of the Consultant's insurance declaration page, Rider and/or Endorsement,
as applicable, which evidences the compliance with this Paragraph 20, must be
filed with City prior to the start of Consultant's Work. Such documents evidencing
Insurance shall be in a form acceptable to City and shall provide satisfactory evidence
that Consultant has complied with all insurance requirements. Renewal certificates shall
be provided to City not less than ten (10) days prior to the expiration date of any of the
required policies. City will not be obligated, however, to review such declaration page,
Rider, Endorsement or certificates or other evidence of insurance, or to advise
Consultant of any deficiencies in such documents and receipt thereof shall not relieve
Consultant from, nor be deemed a waiver of, City's right to enforce the terms of
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Consultant's obligations hereunder. City reserves the right to examine any policy
provided for under this paragraph.
F. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the
specified insurance, then Consultant will defend, indemnify and hold harmless the City, the
City's officials, agents and employees from any loss, claim, liability and expense (including
reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the
same protection as would have been provided by the specified insurance. Except to the
extent prohibited by law, this indemnity applies regardless of any strict liability or
negligence attributable to the City (including sole negligence) and regardless of the extent
to which the underlying occurrence (i.e., the event giving rise to a claim which would have
been covered by the specified insurance) is attributable to the negligent or otherwise
wrongful act or omission (including breach of contract) of Consultant, its subcontractors,
agents, employees or delegates. Consultant agrees that this indemnity shall be construed
and applied in favor of indemnification. Consultant also agrees that if applicable law limits
or precludes any aspect of this indemnity, then the indemnity will be considered limited
only to the extent necessary to comply with that applicable law. The stated indemnity
continues until all applicable statutes of limitation have run.
If a claim arises within the scope of the stated indemnity, the City may require Consultant
to:
a. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing
performance of the indemnity obligation; or
b. Furnish a written acceptance of tender of defense and indemnity from Consultant's
insurance company.
Consultant will take the action required by the City within fifteen (15) days of receiving
notice from the City.
21. 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.
22. Ownership of Documents. All plans, diagrams, analyses, reports and information generated
in connection with the performance of the Agreement ("Information") shall become the property
of the City, but Consultant may retain copies of such documents as records of the services
provided. The City may use the Information for its purposes and the Consultant also may use
the Information for its purposes. 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
Consultant, but any reuse of the Information by the City or the Consultant 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.
23. 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
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Rev. 03-2008
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.
24. Audits. The books, records, documents and accounting procedures and practices of the
Consultant or other parties relevant to this Agreement are subject to examination by the City
and either the Legislative Auditor or the State Auditor for a period of six (6) years after the
effective date of this Contract.
25. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota.
26. 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.
27. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall
be considered an original.
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
Mayor
City Manager
FIRM NAME
By:
Its:
8
C ONSULTING GROUP , INC . MINNEAPOLIS
FARGO
ENGINEERS I PLANNERS I DESIGNERS MADISON
March 10, 2008
Mr. Randy Newton, PE, PTOE
Traffic Engineer
CITY OP EDEN PRAIRIE
8080 Mitchell Road
Eden Prairie,MN 55344
Dear Mr.Newton:
SUBJECT: PROPOSAL FOR PROFESSIONAL SERVICES FOR
CONCEPT DESIGN OF PRESERVE BOULEVARD/PRAIRIE CENTER DRIVE AND
PRESERVE BOULEVARD/ANDERSON LAKES PARKWAY
Based on our recent telephone conversations and previous project work, we understand that the
City is requesting professional services to develop preliminary roadway designs at the following
two intersections:
1. Preserve Boulevard/Prairie Center Drive
2. Preserve Boulevard/Anderson Lakes Parkway
Improvements at each intersection are currently included in the City's 2009 Capital Improvement
Program, however, the City is only requesting professional services for conceptual development and
preliminary design; final design services are not included in this proposal.
SCOPE OF SERVICES
We propose to carry out the work as follows:
1. Concept Development and Analysis
Project Management
SRF will establish on-going project coordination with the City of Eden Prairie. SRF will provide
general day to day project management, administration and work scheduling of project tasks.
Base Map Preparation
SRF will collect available mapping information including half-section maps, plats, utility maps
and record drawings and prepare an electronic base map of the project area. The base map will
show existing right of way and property lines. The City will supply digital aerial mapping data
(assumed to be available in May 2008)to be referenced in as design background.
www.srfconsulting.corn
One Carlson Parkway North,Suite 150 I Minneapolis,MN 55447-4443 1763.475.0010 Fax:763.475.2429
An Equal Opportunity Employer
Mr. Randy Newton, PE, PTOE -2 - March 10,2008
Traffic Operations Analysis
SRF will meet with City staff to confirm acceptable levels of service and traffic delays at both
intersections. We will analyze current traffic count data and supplemental data (assumed to be
supplied by the City), and recommend proposed geometrics including number of through lanes
and turn lanes (and turn lane lengths) at each intersection for up to three conceptual designs.
At Prairie Center Drive/Preserve Boulevard, SRF will prepare a memorandum summarizing the
findings of the traffic analysis; however, this will not be a complete I.C.E. report. SRF will rely
on previous traffic analysis work at the Anderson Lakes Boulevard/Preserve Boulevard
intersection. SRF will also recommend appropriate traffic control (type of signalization and
phasing) for each concept. The analysis of a proposed roundabout at the Prairie Center
Drive/Preserve Boulevard intersection is not included. However, roundabout analysis at
Anderson Lakes Parkway/Preserve Boulevard will be considered.
Conceptual Layouts
SRF will develop up to three concept layouts and cost estimates at each intersection based on
traffic operations recommendations. Aerial photography supplied by the City will be used for
background.
Public Meetings
SRF will prepare for and facilitate two public meetings for the purpose of gaining public input on
the conceptual improvements proposed for each intersection. Concept options will be displayed
and described at the public meetings. The public meetings may be held at a regular City Council
meeting or held independently. Following the public meetings, SRF will meet with City staff to
review public input and identify the preferred concept.
2. Preliminary Design
Topographic Field Surveys
The City will supply topographic aerial mapping to be used for preliminary design. SRF survey
crews will collect topographic field data, as needed, at critical locations including tie-in points
and other areas of concern. For the purposes of this proposal, we have budgeted one day of SRF
survey crew time.
Preliminary Design Layouts
After conceptual layout approval, SRF will develop preliminary geometric layouts at each
intersection of sufficient detail to allow 30% design review by City staff. Municipal State Aid
standards will be used as the basis of design for each layout. The City will undertake a separate
study of the Eden Lake stormwater outlet. This separate study may produce recommendations
that impact storm sewer design at the Anderson Lake Parkway/Preserve Boulevard intersection.
These recommendations will be accounted for in SRF's preliminary intersection design.
The intersection grades and cross slopes at Preserve Boulevard and Prairie Center Drive will be
analyzed and a proposed solution will be developed to address the excessive crowns that
currently exist. The preliminary layouts will include:
Mr. Randy Newton, PE, PTOE - 3 - March 10, 2008
Preliminary typical sections
Preliminary intersection slopes
Preliminary horizontal and vertical alignments
Preliminary roadway geometries
Preliminary traffic signal impacts
Preliminary construction limits
Preliminary cross-sections
Preliminary right of way and easement requirements
Preliminary utility impacts
Preliminary stormwater treatment
Preliminary drainage design
SRF will prepare a preliminary construction cost estimate. We will also meet with City staff to
review all layout comments and concerns with the assumption that the preliminary layout will be
used as a basis for the next stage of the project(final design).
SCHEDULE AND BUDGET
We will complete our work on a mutually agreed upon time schedule.
We propose to be reimbursed for our services on an hourly basis for the actual time expended at our
standard billing rates. 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:
1. Concept Development and Analysis $ 19,000
2. Preliminary Design $ 18,700
Project Expenses $ 300
Total $ 38,000
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.
Mr. Randy Newton, PE, PTOE -4 - March 10, 2008
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 George M. Stuempfig, PE, PTOE
Principal Principal
MDH/GMS/bls SRF No. P08048
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.
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar March 18, 2008
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.G.
Eugene A. Dietz Approve Contract with the State of
Public Works Minnesota for ICWC Program
Requested Action
Move to: Adopt resolution approving contract with the State of Minnesota for the Institution
Community Work Crew(ICWC)program for an additional one day per week for
the period April 14, 2008 to November 28, 2008.
Synopsis
The City of Eden Prairie has contracted with the State of Minnesota for the ICWC program since
1996. This has been a very cost-effective staffing alternative to meet peak seasonal demand, as
well as routine projects that supplement our staffing levels during the off seasons. As part of the
2008/2009 budget process, Council approved the funding for an additional day each week(going
from 3 days to 4 days per work). Due to the increased demand for these services, the State is
only just now able to offer the fourth day,but limited to the timeframe of April 14 through
November 28. Since this closely approximates our peak construction season, it will prove to be a
more cost effective value. The contract amount is $12,501.
Attachments
• Resolution
• State of Minnesota Income Contract
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO.2008-
RESOLUTION APPROVING
CONTRACT WITH STATE OF MINNESOTA
FOR ICWC PROGRAM
WHEREAS, the State of Minnesota has prepared a partial year contract to provide ICWC program
services to the City of Eden Prairie; and
WHEREAS, the City of Eden Prairie desires to expand upon a long standing relationship with the
ICWC program.
NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council as follows:
The Mayor and City Manager are hereby authorized and directed to enter into a Contract
with the State of Minnesota in the name of the City of Eden Prairie in the amount of$12,501
for the period of April 14, 2008 through November 28, 2008 for one additional day of
service per week for the Institution Community Work Crew program.
ADOPTED by the Eden Prairie City Council on March 18, 2008.
Phil Young,Mayor
ATTEST: SEAL
Kathleen Porta, City Clerk
Income Contract No.
(Provided by Department of Administration)
STATE OF MINNESOTA
INCOME CONTRACT
This t:ontract is between the State of Minnesota,acting through its commissioner of corrections, Institution
Community Work Crew Program("State"), and the City of Eden Prairie, 15150 Technology Drive, Eden Prairie,
Minnesota 55344 ("Purchaser").
Recitals
1. Under Minn. Stat. §241.278 the State is empowered to enter into income contracts.
2. The Purchaser is in need of an Institution Community Work Crew (ICWC).
3. The State represents that it is duly qualified and agrees to provide the services described in this contract.
Contract
1 Term of Contract
1.1 Effective date: April 14, 2008, or the date the State obtains all required signatures under
Minnesota Statutes Section 16C.05, subdivision 2, whichever is later.
1.2 Expiration date: November 28, 2008,or until all obligations have been satisfactorily fulfilled,
whichever occurs first.
2 State's Duties
The State will:
A. Provide a supervisor crew leader(s)and up to ten(10) offender crewmembers that the crew
leader will supervise during one(1) 10-hour work day per week, including the hours crew
leaders spend for daily preparation, communication and travel. The crew leader will take
directions as to the location and nature of the work to be completed on a given day as requested
by the Purchaser's Authorized Representative or designee.
B. Train each work crew in safety principles and techniques set forth by applicable federal, state
and local agency requirements. Purchaser agrees that the state has the authority to refuse
selected projects if it considers the projects beyond the skill level of the crewmembers and/or
unsafe to perform.
C. Provide required personal safety equipment and clothing needed for specific work.
D. Screen projects to ensure that they meet ICWC guidelines.
E. Submit reports to the Purchaser upon request within sixty(60)days of the end of each quarter.
3 Payment
The Purchaser will pay the State for all services performed by the State under this contract as follows:
Payment shall be made by the Purchaser to the State in the amount of six thousand two hundred fifty and
50/100 dollars ($6,250.50)on June 1, 2008 and six thousand two hundred fifty and 50/100 dollars
($6,250.50)on September 1, 2008. Any overtime hours will be billed at the rate of sixty-five and 00/100
dollars ($65.00)per hour.
The total obligation of the Purchaser for all compensation and reimbursements to the State under this
contract is twelve thousand five hundred one and 00/100 dollars ($12,501.00),plus any additional overtime
hours, as its share of the cost of providing a crew leader and placing the work crews into service on the
ICWC Program during the term of this agreement. The Purchaser's share includes time scheduled for
training, vacation, sick leave and holidays based on the terms and condition of the crew leaders AFSCME
bargaining agreement.
Revised 9/02
4 Authorized Representatives
The State's Authorized Representative is Mark J. Siemers, ICWC District Supervisor, or his/her successor.
The Purchaser's Authorized Representative is Doug Ernst, Supervisor, City of Eden Prairie, or his/her
successor.
5 Amendments, Waiver, and Contract Complete
5.1 Amendments. Any amendment to this contract must be in writing and will not be effective until it
has been executed and approved by the same parties who executed and approved the original
contract, or their successors in office.
5.2 Waiver. If the State fails to enforce any provision of this contract, that failure does not waive the
provision or its right to enforce it.
5.3 Contract Complete. This contract contains all negotiations and agreements between the State and
the Purchaser. No other understanding regarding this contract, whether written or oral, may be
used to bind either party.
6 Liability
Each party will be responsible for its own acts and omissions and results thereof to the extent authorized by
the law and shall not be responsible for the acts and omissions of the other party, their employees or agents
and the results thereof. The State's liability shall be governed by the provisions of the Minnesota Tort
Claims Act, Minnesota Statutes 3.736, and other applicable law. The City's liability shall be governed by
the provisions of the Municipal Tort Claims Act, Minnesota Statute Chapter 466 and other applicable law.
7 Government Data Practices
The Purchaser must comply with the Minnesota Government Data Practices Act,Minn. Stat. Ch. 13, as it
applies to all data provided by the State under this contract.The civil remedies of Minn. Stat. § 13.08 apply
to the release of the data referred to in this clause by either the Purchaser or the State.
If the Purchaser receives a request to release the data referred to in this Clause, the Purchaser must
immediately notify the State. The State will give the Purchaser instructions concerning the release of the
data to the requesting party before the data is released.
8 Publicity
Any publicity regarding the subject matter of this contract must not be released without prior written
approval from the State's Authorized Representative.
9 Audit
Under Minn. Stat. § 16C.05, subd. 5, the Purchaser's books, records, documents, and accounting
procedures and practices relevant to this contract are subject to examination by the State and/or the State
Auditor or Legislative Auditor, as appropriate, for a total of six years.
10 Governing Law,Jurisdiction, and Venue
Minnesota law, without regard to its choice-of-law provisions, governs this contract. Venue for all legal
proceedings out of this contract, or its breach, must be in the appropriate state or federal court with
competent jurisdiction in Ramsey County, Minnesota.
11 Termination
Either party may terminate this agreement at any time, with or without cause, upon 30 days' written notice
to the other party.
Revised 9/02
1.PUF:CHASER
The Purchaser certifies that the appropriate person(s)
hav:executed the contract on behalf of the Purchaser
as r quired by applicable articles,bylaws,resolutions,
or ordinances.
By
Title
D ate
By
T tie
D ate
2.STATE AGENCY
Wit i delegated authority
By
T tle
D ate
3.Commissioner of Administration
As delegated to Materials Management Division
B(
D ate
Distribut on
DOC Financial Services Unit-Original(fully executed)contract
Purchase
State's Authorized Representative
Budget Cifficer of Authorized Representative
Department of Administration-Materials Management Division
Revised 9/02
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar March 18, 2008
DEPARTMENT/DIVISION: ITEM DESCRIPTION: LC. 08-5720 ITEM NO.: VIII.H.
Mary Krause Award Contract for 2008 Street Sweeping to
Public Works/Engineering Reliakor Services, Inc.
Requested Action
Move to: Award contract for 2008 Street Sweeping to Reliakor Services, Inc. in the amount of
$33,400.00.
Synopsis
Sealed bids were received Thursday, March 6, 2008 for the 2008 Street Sweeping. Two bids
were received as follows:
Reliakor Services, Inc. $33,400.00
Allied Blacktop $40,500.00
Background Information
The schedule for street sweeping in the project specifications indicates a start date of April 7,
2008. This early cleaning of the streets prevents sand and debris that has accumulated from the
winter snow removal operations from entering into the City's wetlands, creeks and lakes.
Sweeping of the streets takes approximately 8-10 working days. Funding for the sweeping
comes from the Storm Water Utility Fund.
Staff recommends award to Reliakor Services, Inc.
CITY COUNCIL AGENDA DATE:
SECTION: Consent Agenda March 18, 2008
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.I.
Adoption of Local Government Unit
Leslie Stovring Status for Riley-Purgatory-Bluff Creek
Public Works/Environmental Watershed District
Requested Action
Move to: Adopt Resolution authorizing to City act as the Local Government Unit within the legal
boundaries of Riley-Purgatory-Bluff Creek Watershed District as of April 1, 2008.
Synopsis
Riley-Purgatory-Bluff Creek Watershed District has provided Local Government Unit(LGU)
services for the City since adoption of the Wetland Conservation Act(WCA) in 1991. However,
the District passed a resolution in December, 2007 stating that they would no longer provide
permitting services, including WCA permitting, as of January 1, 2008. They did grant the City
an extension in order to provide time for the City to adopt regulations for administering the
WCA within this District. The resolution would adopt LGU status as of April 1, 2008.
Background Information
Barr Engineering Company acted as the District Engineer for Riley-Purgatory-Bluff Creek
Watershed District for over 30 years. Part of the services they provided were wetland and land
alteration permit review and approval. However, Barr was replaced as the District Engineer by
CH2M Hill in October 2007. The District at that time decided that they would no longer provide
permitting services after 2007. According to the WCA, the Local Government Unit is the city,
town or water management organization regulating surface-water related matters or its delegate.
Since the District no longer regulates surface-water activities and no longer wants to provide
these services as a delegate, LGU authority would automatically defer to the City.
LGU status for Lower Minnesota River Watershed District was adopted in April 2003 as they
did not have the resources required to provide LGU services. However, wetland permitting
requirements for Riley-Purgatory-Bluff Creek Watershed District are more complex and required
revision of the ordinance to allow adequate review and permitting authority for this District.
City Code Section 11.51 was revised accordingly. In addition, Barr Engineering Company was
hired to provide administrative services for the City to alleviate demands on staff time for the
new requirements. However, additional staff time to manage the contract and day-to-day
operations of the WCA will be required and demands may change as regulatory programs
expand in the future.
The Nine Mile Creek Watershed District will continue as the LGU for the watershed that
includes the eastern portion of Eden Prairie.
Attachments
• LGU Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2008-
RESOLUTION ADOPTING THE PERMANENT RULES OF THE
WETLAND CONSERVATION ACT
WHEREAS, the Minnesota Wetland Conservation Act of 1991 (WCA) requires Local
Government Units (LGUs) to implement this law by adopting the rules and regulations
promulgated by the Board of Water and Soil Resources (BWSR); and
WHEREAS, the BWSR is requesting that LGUs adopting the permanent rules of the
WCA to notify them of the LGU decision regarding adoption; and
WHEREAS, the LGU is responsible for making WCA determinations for landowners;
and
WHEREAS, the City of Eden Prairie is capable of making WCA decisions and
developing wetland replacement plans; and
WHEREAS, the City of Eden Prairie is currently the LGU for Lower Minnesota River
Watershed District;
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby accepts the
responsibility as the LGU for the WCA within the legal boundaries of Riley-Purgatory-Bluff
Creek Watershed District as of April 1, 2008, within the guidelines as set forth by the WCA and
rules.
ADOPTED by the Eden Prairie City Council on March 18, 2008.
Phil Young, Mayor
SEAL
ATTEST:
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA DATE:
SECTION: Ordinances and Resolutions March 18, 2008
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.J.
Leslie Stovring Hennepin County Residential Recycling
Public Works/Environmental Grant Application
Requested Action
Move to: Approve submittal of the 2007 Eden Prairie Recycling Report to Hennepin County
and adopt Resolution authorizing renewal of the Residential Recycling Grant
Application for 2008 through 2010.
Synopsis
The City of Eden Prairie submits an annual report to Hennepin County. This information is used
to determine the amount of recycling grant funds distributed to the City. The majority of these
funds are distributed to residents with individual service as a recycling rebate on their utility
bills. The funding is expected to be slightly less than in 2007,which was $133,591 and resulted
in a $6.20 credit to each residential account with individual refuse collection service.
Hennepin County has requested a Resolution for years 2008, 2009 and 2010 in order to process
the Recycling Grant for these three years. A copy of the Resolution must be on file with
Hennepin County prior to distribution of the Recycling Grant funds to the City.
Background Information
Hennepin County has renewed their recycling grant program for an additional three (3) years.
The grant funds are distributed to cities to manage their recycling program. As the City has an
open hauling system, the majority of the funds are distributed to residents who are able to recycle
individually. Remaining funds are used for the summer clean up day and to administer education
programs on recycling.
A copy of a summary of the information collected for 2007 is attached to this report. Following
are some facts provided by Hennepin County regarding the global results of our program.
• The total tons of recyclables diverted in 2007 were 7,266.1 tons, up from 4,384.3 tons in
1998. Paper was the primary recyclable collected(4,439.8 tons in 2007).
• 1,953,625 gallons of gasoline were saved.
• Electricity usage for one year was reduced by an amount equivalent to the demand from
2,201 households.
• 140 acres of forest were preserved from deforestation.
• Greenhouse gas emissions were reduced by 4,678 metric tons of carbon equivalents.
• The net energy saved was 151,017.9 million tons in 2007.
Attachments
• Recycling Resolution
• 2007 Recycling Report Summary
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2008-
RESOLUTION AUTHORIZING SUBMITTAL OF AN APPLICATION
FOR THE HENNEPIN COUNTY
MUNICIPAL RECYCLING GRANT APPLICATION
WHEREAS, pursuant to Minnesota Statute 115A.551, each county must develop and
implement or require political subdivisions within the county to develop and implement
programs, practices, or methods designed to meet its recycling goal; and
WHEREAS, Hennepin County Ordinance 13 requires each city to implement a recycling
program to enable the County to meet its recycling goals; and
WHEREAS, the County has adopted a Hennepin County Residential Recycling Funding
Policy for Source-Separated Recyclables to distribute funds to cities for the development and
implementation of waste reduction and recycling programs from January 1, 2008 through
December 31, 2010; and
WHEREAS, to be eligible to receive these County funds, cities must meet the conditions
set forth in the "funding policy."
NOW, THEREFORE, BE IT RESOLVED, that the City Council authorizes the
submittal of Municipal Recycling Grant Applications for 2008 through 2010 for the Hennepin
County Residential Recycling Programs.
BE IT FURTHER RESOLVED, that as a condition to receive funds under the
Hennepin County Residential Recycling Funding Policy the City agrees to implement recycling
programs as committed to by its submission of the Hennepin County Municipal Residential
Recycling Grant Application.
ADOPTED by the Eden Prairie City Council on March 18, 2008.
Phil Young, Mayor
SEAL
ATTEST:
Kathleen Porta, City Clerk
Re-TRACTM REPORT
City of Eden Prairie, Hennepin County
Date generated: Mar 10, 2008 2:27PM
Single-year analyses selected for: 2007
Historical analyses selected for years: 1995 - 2007
Number of report pieces selected: 14
Number of modules selected: 1
Zone: City of Eden Prairie
Module: Residential Recycling
Note: All tonnage totals shown in this report will include the weights from all selected
modules unless otherwise stated.
Disclaimer:Emerge Knowledge Design Inc. ("Emerge")makes no warranty as to the completeness,timeliness
or accuracy of any of the data included in this document or of the findings and conclusions derived therefrom.
All information provided by Emerge(through RE-TRAC)is provided to its clients for their own evaluation of
such information.This information could include statistical or technical inaccuracies or typographical errors.
Due to the fact that all data entered is entered or provided by clients,and the inherent hazards of electronic
distribution,there may be delays,omissions or inaccuracies in such information.EMERGE AND ITS
EMPLOYEES,DIRECTORS,OFFICERS,SHAREHOLDERS AND AGENTS CANNOT AND DO NOT
WARRANT THE ACCURACY,COMPLETENESS,CURRENCY,NONINFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION
AVAILABLE THROUGH RE-TRAC.EMERGE AND ITS EMPLOYEES,DIRECTORS,OFFICERS,
SHAREHOLDERS AND AGENTS SHALL NOT BE LIABLE TO THE RECIPIENT OF THIS REPORT OR
ANYONE ELSE FOR ANY LOSS OR DAMAGE RESULTING DIRECTLY FROM USE OF
INFORMATION PROVIDED BY RE-TRAC.IN NO EVENT WILL EMERGE AND ITS EMPLOYEES,
DIRECTORS,OFFICERS,SHAREHOLDERS AND AGENTS BE LIABLE TO THE RECIPIENT OF THIS
REPORT OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY THE RECIPIENT
OR ANYONE ELSE IN RELIANCE ON SUCH INFORMATION.EMERGE AND ITS EMPLOYEES,
DIRECTORS,OFFICERS,SHAREHOLDERS AND AGENTS SHALL NOT BE LIABLE TO THE
RECIPIENT OF THIS REPORT OR ANYONE ELSE FOR ANY DAMAGES OR LOSSES(INCLUDING,
WITHOUT LIMITATION,DIRECT,CONSEQUENTIAL,SPECIAL,INCIDENTAL,INDIRECT,OR
SIMILAR DAMAGES)EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
3.0 Re-TRAC
TABLE OF CONTENTS
1. County Trends Over Time
Figure 1.1 - Total Tons Diverted, City of Eden Prairie, 1998 to 2007
Table 1.1 - Total Tons Diverted, City of Eden Prairie, 1998 to 2007
Figure 1.2 - Overall Median Per Capita Recovery Comparison, City of Eden Prairie,
1998 to 2007
Table 1.2 - Category Material Tonnage Percentage Comparison, City of Eden Prairie
Table 1.3 - Individual Material per Capita Recovery vs. Year, City of Eden Prairie,
Recycling 2003 to 2007
Figure 1.3 - Growth in Tonnage Collection vs. Population Growth by Year, City of Eden
Prairie, 1995-2007
2. Community Lists for the Current Year
2.1 Tonnage Data
Table 2.4 - Community List by Households, City of Eden Prairie, 2003 to 2007
Table 2.5 - Community List by Total Tons Diverted, City of Eden Prairie, 2003 to 2007
Table 2.6 - Community List by Total Tons from Each Waste Stream, City of Eden
Prairie, 2007
Table 2.7 - Community List by Total Tons from Each Source, City of Eden Prairie, 2007
2.2 Financial
Table 2.8 - Community List by per Capita Cost, City of Eden Prairie, 2003 to 2007
3. Tonnage Transaction
Table 3.9 - Material Tonnage List in Recycling Module by Name, Sector and Source,
Ordered Alphabetically, 2007
4. Community Detail Description
Table 4.10 - Demographic description, City of Eden Prairie, 2007
Table 4.11 - Program Description, City of Eden Prairie, 2007
1. County Trends Over Time
Figure 1.1 -Total Tons Diverted, City of Eden Prairie, 1998 to 2007
- -
4791
11N
1.1
■:Fite : 1 rr - ■Trio$01 qi .aiFimhi i I'fi M it olt-Ennt-'
■PAPER Mono ❑METAL crow
❑QeLr 2 ETpii-'' ❑PLizraTIO Er ii-
'OMER A L kTpri-''
Table 1.1 - Total Tons Diverted, City of Eden Prairie, 1998 to 2007
Year Single Two Sort or PAPER METAL GLASS PLASTICS OTHER TOTAL
Sort Commingled (Tons) (Tons) (Tons) (Tons) MATERIALS (Tons)
(Tons) Materials (Tons)
(Tons)
1998 89.8 3,124.3 278.8 741.5 140.9 8.91 4,384.3
1999 359.7 4,021.1 289.6 887.1 159.1 137.6 5,854.1
2000 245.8 3,995.2 233.9 663.9 143.6 10.7 5,293.0
2001 272.7 3,712.0 226.3 796.0 171.1 9.8 5,187.9
2002 446.4 4,325.0 307.7 1,058.3 273.7 6.8 6,418.0
2003 310.4 4,333.1 273.8 1,001.7 213.5 13.1 6,145.5
2004 237.2 4,547.9 299.2 1,027.1 248.4 5.9 6,365.8
2005 677.6 4,029.9 296.7 1,007.8 248.1 11.8 6,272.0
2006 206.2 4,144.4 304.7 1,323.9 332.9 96.1 6,408.2
2007 3.01 408.7 4,439.8 342.1 1,402.5 572.1 97.8 7,266.1
Figure 1.2 - Overall Median Per Capita Recovery Comparison, City of Eden Prairie,
1998 to 2007
_
sov -1st —
104
t d nevi Rei Cop ReviyarF
F nne'In Cmtiar.Me Our! ' i Cop remt y 4f9fi1munl k
1- 9t MFFwiwi=-Man pti ii 'rtmirri i cmmtinnl ¢'r
Table 1.2 - Category Material Tonnage Percentage Comparison, City of Eden Prairie
Category City of Eden Prairie Hennepin County
Single Sort - 19.6%
Two Sort or Commingled Materials 5.6% 4.8%
PAPER 61.0% 46.6%
METAL 4.7% 4.3%
GLASS 19.3% 14.5%
PLASTICS 7.9% 3.5%
OTHER MATERIALS 1.3% 5.4%
Source Separated Organics - 0.5%
Table 1.3 -Individual Material per Capita Recovery vs. Year, City of Eden Prairie,
Recycling, 2003 to 2007
Materials 2003 2004 2005 2006 2007
(lbs/cap/yr) (lbs/cap/yr) (lbs/cap/yr) (lbs/cap/yr) (lbs/cap/yr)
Single sort(commingled rigids and fibers) 10.5 7.8 22.2 0.1
Two Sort or Commingled Materials
Commingled Rigids(Cans/Glass/Plastic) 6.7 7.6
Commingled Fibers 5.7
TOTAL TWO SORT OR COMMINGLED 0.0 0.0 0.0 6.7 13.3
MATERIALS
PAPER
Corrugated cardboard 5.9 9.4 7.7
Newsprint 150.4 97.7 94.1 96.6
Mixed or Other Fibers 146.1 28.6 31.6 40.5
Phone books 0.0
TOTAL PAPER 146.1 150.4 132.2 135.2 144.8
METAL
Aluminum food/beverage can/foil 9.7 3.2 3.0 4.1
Steel/Tin cans 4.8 5.5 3.2
Commingled aluminum/steel/tin 9.0 1.4 1.2 3.4
Other scrap: ferrous&non-ferrous 0.3 0.2 0.3 0.2 0.5
TOTAL METAL 9.2 9.9 9.7 9.9 11.2
GLASS
Food&Beverage Containers 33.8 34.0 33.1 43.2 45.7
PLASTICS
Mixed plastics(SPI code 1-7) 7.2 8.2 8.1 10.9 18.7
OTHER MATERIALS
Vehicle batteries 0.0 0.0
Major appliances 0.3 0.2 0.3 2.5 2.6
Waste tires 0.0 0.0 0.0
Electronics 0.6 0.5
Fluorescent and HID lamps 0.0 0.0
Textiles 0.1
Household Goods 0.1 0.0 0.0
TOTAL OTHER MATERIALS 0.4 0.2 0.4 3.1 3.2
TOTAL PER CAP RECOVERY 207.2 210.6 205.8 209.0 237.0
Figure 1.3 - Growth in Tonnage Collection vs. Population Growth by Year, City of Eden
Prairie, 1995-2007
11`
9VD
I
fi YI
1�
■PG9%110110 ❑T9fl¢
2. Community Lists for the Current Year
2.1 Tonnage Data
Table 2.4 - Community List by Households, City of Eden Prairie, 2003 to 2007
Community 2003 2004 2005 2006 2007
(hh) (hh) (hh) (hh) (hh)
Eden Prairie 22,615.0123,311.0 23,282.0123,686.0123,686.0
Table 2.5 - Community List by Total Tons Diverted, City of Eden Prairie, 2003 to 2007
Community 2003 2004 2005 2006 2007
(Tons/yr) (Tons/yr) (Tons/yr) (Tons/yr) (Tons/yr)
Eden Prairiel 6,145.5 6,365.8 6,272.0 6,408.21 7,266.1
Table 2.6 - Community List by Total Tons from Each Waste Stream, City of Eden
Prairie, 2007
Community Recycling Total
Eden Prairie 7,266.1 7,266.1
Total 7,266.1 7,266.1
Table 2.7 - Community List by Total Tons from Each Source, City of Eden Prairie, 2007
This report piece only outputs tonnage data for modules having MORE than one source.
Community Recycling Single Family Curbside Recycling Clean Up Events Total
(Drop-Off& Curbside)
Eden Prairiel 7,216.51 49.7 7,266.1
2.2 Financial
Table 2.8 - Community List by per Capita Cost, City of Eden Prairie, 2003 to 2007
Community 2003 2004 2005 2006 2007
($/cap/yr) ($/cap/yr) ($/cap/yr) ($/cap/yr) ($/cap/yr)
Eden Prairiel 2.51 2.61 2.4 2.2 2.3
3. Tonnage Transaction
Table 3.9 - Material Tonnage List in Recycling Module by Name, Sector and Source,
Ordered Alphabetically, 2007
Material Name Residential Single Family Residential Clean Up Total
Curbside Events
(Drop-Off&
Curbside)
Aluminum food/beverage can/foil 127.0 127.0
Commingled Fibers 175.6 175.6
Commingled Rigids 233.1 233.1
(Cans/Glass/Plastic)
Commingled aluminum/steel/tin 103.1 103.1
Corrugated cardboard 236.7 236.7
Electronics 14.0 14.0
Fluorescent and HID lamps 0.2 0.2
Food&Beverage Containers 1,402.5 1,402.5
Household Goods 0.9 0.9
Major appliances 65.0 15.9 80.9
Mixed or Other Fibers 1,241.0 1,241.0
Mixed plastics (SPI code 1-7) 572.1 572.1
Newsprint 2,961.8 2,961.8
Other scrap: ferrous &non-ferrous 13.8 13.8
Phone books 0.3 0.3
Single sort(commingled rigids and 3.0 3.0
fibers)
Steel/Tin cans 98.2 98.2
Vehicle batteries 0.6 0.6
Waste tires 1.2 1.2
Totals 7,216.5 49.7 7,266.1
4. Community Detail Description
Table 4.10 - Demographic description, City of Eden Prairie, 2007
Population: 61,325
Total Households: 23,686
# of Single-Family Dwellings: 23,686
# of Multi-Family Dwellings: N/A
# of households in Multi-Family Dwellings: N/A
Average Number of People per Household: 2.6
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar March 18, 2008
DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 52-157 ITEM NO.: VIII.K.
Rodney Rue Approve Professional Services
Agreement with HTPO, Inc. for Design
Public Works/Engineering Phase Services for Riverview Road
Reconstruction Project
Requested Action
Move to: Approve Professional Services Agreement with HTPO, Inc. for design phase services
for the reconstruction of Riverview Road, from Homeward Hills Road to Sonoma
Ridge/Parker Drive, in the amount of$52,000.
Synopsis
This Professional Services Agreement provides final design services for this section of
Riverview Road. The project will be primarily financed with state aid funds and special
assessments to adjacent property owners. A special assessment agreement is recorded against a
majority of the property owners benefiting from these improvements. The feasibility study for
this project will be proceeding concurrently with the final design.
Background Information
This project has been planned for years as a larger project that contemplated the reconstruction
of Riverview Road, from Homeward Hills Road to Purgatory Creek. A portion of the overall
project was realigned and reconstructed with the Sonoma Ridge development. The current
project proposes to reconstruct the un-improved section of Riverview Road between Homeward
Hills Road and Sonoma Ridge/Parker Drive.
Attachments
• Professional Services Agreement
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 Hansen Thorp Pellinen Olson, Inc. , a Minnesota
corporation (hereinafter "Consultant") whose business address is 7510 Market Place
Drive, Eden Prairie, MN 55344
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 Riverview Road Improvements
hereinafter referred to as the "Work".
The City and Consultant agree as follows:
1. Scope of Work/Proposal. The Consultant agrees to provide the professional services shown
in Exhibit "A" in connection with the Work. The terms of this standard agreement shall take
precedence over any provisions of the Consultants proposal and/or general conditions.
2. Term. The term of this Agreement shall be from March 1, 2008 through March 1, 2009 , the
date of signature by the parties notwithstanding. This Agreement may be extended upon the
written mutual consent of the parties for such additional period as they deem appropriate, and
upon the terms and conditions as herein stated.
3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus
expenses in a total amount not to exceed $ 52,000.00 for the services as described in
Exhibit A.
A. Any changes in the scope of the work which may result in an increase to the
compensation due the Consultant shall require prior written approval by an authorized
representative of the City or by the City Council. The City will not pay additional
compensation for services that do not have prior written authorization.
B. Special Consultants may be utilized by the Consultant when required by the complex or
specialized nature of the Project and when authorized in writing by the City.
C. If Consultant is delayed in performance due to any cause beyond its reasonable control,
including but not limited to strikes, riots, fires, acts of God, governmental actions,
actions of a third party, or actions or inactions of City, the time for performance shall be
extended by a period of time lost by reason of the delay. Consultant will be entitled to
payment for its reasonable additional charges, if any, due to the delay.
4. City Information. The City agrees to provide the Consultant with the complete information
concerning the Scope of the Work and to perform the following services:
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A. Access to the Area. Depending on the nature of the Work, Consultant may from time to
time require access to public and private lands or property. As may be necessary, the
City shall obtain access to and make all provisions for the Consultant to enter upon
public and private lands or property as required for the Consultant to perform such
services necessary to complete the Work.
B. Consideration of the Consultant's Work. The City shall give thorough consideration to
all reports, sketches, estimates, drawings, and other documents presented by the
Consultant, and shall inform the Consultant of all decisions required of City within a
reasonable time so as not to delay the work of the Consultant.
C. Standards. The City shall furnish the Consultant with a copy of any standard or criteria,
including but not limited to, design and construction standards that may be required in
the preparation of the Work for the Project.
D. 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, an itemized
invoice for professional services performed under this Agreement. Invoices submitted shall be
paid in the same manner as other claims made to the City for:
A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall
indicate for each employee, his or her name, job title, the number of hours worked, rate
of pay for each employee, a computation of amounts due for each employee, and the
total amount due for each project task. Consultant shall verify all statements submitted
for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For
reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an
itemized listing and such documentation as reasonably required by the City. Each
invoice shall contain the City's project number and a progress summary showing the
original (or amended) amount of the contract, current billing, past payments and
unexpended balance of the contract.
B. Suspended Work. If any work performed by the Consultant is suspended in whole or in
part by the City, the Consultant shall be paid for any services performed prior to receipt
of written notice from the City of such suspension, all as shown on Exhibit A.
C. Payments for Special Consultants. 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.
D. Claims. To receive any payment on this Agreement, the invoice or bill must include the
following signed and dated statement: "I declare under penalty of perjury that this
account, claim, or demand is just and correct and that no part of it has been paid."
6. Project Manager and Staffing. The Consultant has designated _Laurie Johnson and
_Duncan Schwensohn to serve on the Project. They shall be assisted by other staff
members as necessary to facilitate the completion of the Work in accordance with the terms
established herein. Consultant may not remove or replace these designated staff from the
Project without the approval of the City.
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7. 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.
8. 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.
The Consultant shall at all times abide by Minn. Stat. 13.01 et seq., the Minnesota Government
Data Practices Act, to the extent the Act is applicable to data and documents in the possession
of the Consultant.
9. Termination. This Agreement may be terminated by either party by seven (7) days written
notice delivered to the other party at the address written above. Upon termination under this
provision, if there is no fault of the Consultant, the Consultant shall be paid for services
rendered and reimbursable expenses until the effective date of termination. If however, the City
terminates the Agreement because the Consultant has failed to perform in accordance with this
Agreement, no further payment shall be made to the Consultant, and the City may retain
another consultant to undertake or complete the work identified in Paragraph 1.
10. 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.
11. 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.
12. 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.
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13. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without
the written consent of the other party.
14. Services Not Provided For. No claim for services furnished by the Consultant not specifically
provided for herein shall be honored by the City.
15. 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.
16. 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.
17. Compliance with Laws and Regulations. In providing services hereunder, the Consultant
shall abide by statutes, ordinances, rules and regulations pertaining to the provisions of
services to be provided. 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.
18. 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.
19. 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.
20. Insurance.
A. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay
for such insurance as will protect against claims for bodily injury or death, or for damage
to property, including loss of use, which may arise out of operations by Consultant or by
any subcontractor or by anyone employed by any of them or by anyone for whose acts
any of them may be liable. Such insurance shall include, but not be limited to, minimum
coverage's and limits of liability specified in Paragraph 20 B. below, or required by law.
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. 19.
B. Consultant shall procure and maintain the following minimum insurance coverage's and
limits of liability on this Project:
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Worker's Compensation Statutory Limits
Employer's Liability $500,000 each accident
$500,000 disease policy limit
$500,000 disease each employee
Commercial Liability $1,000,000 property damage per occurrence
$2,000,000 general aggregate
$2,000,000 Products—Completed Operations Aggregate
$100,000 fire legal liability each occurrence
$5,000 medical expense
Comprehensive Automobile
Liability $1,000,000 combined single limit
Umbrella or Excess Liability $2,000,000
C. Professional Liability. The Consultant agrees to provide to the City a certificate
evidencing that they have in effect, with an insurance company in good standing and
authorized to do business in Minnesota, a professional liability insurance policy. Said
policy shall insure payment of damage for legal liability arising out of the performance of
professional services for the City, in the insured's capacity as the Consultant, if such
legal liability is caused by a negligent act, error, or omission of the insured or any person
or organization for which the insured is legally liable. Said policy shall provide an
aggregate limit of$2,000,000.
D. The Commercial General Liability policy shall be endorsed to have the General Aggregate
apply to this Project only.
E. The Commercial General Liability insurance required under this section applies on a per
project basis, shall be written on an occurrence form and shall include coverage for
Products/Completed Operations (extending two (2) years after completion of the Work,
Broad Form Property Damage including Completed Operations, Personal Injury with
Employment Exclusion (if any) deleted, Blanket XCU, Incidental Malpractice, Host
Liquor Liability, and Blanket Contractual Liability insurance applicable to the Consultant's
defense and indemnity obligations assumed by Consultant under this contract.
Coverage will include both work in process (ongoing) and completed work (completed
operations) CG2010 (11/85) or equivalent. Commercial General Liability insurance shall
include "stop gap" coverage for work in those states where Workers' Compensation
insurance is provided through a state fund if Employer's liability coverage is not
available. Comprehensive Automobile Liability insurance required under this paragraph
shall also include coverage for all owned, hired and non-owned automobiles. Workers'
Compensation coverage shall include a waiver of subrogation against City.
F. Consultant shall maintain in effect all insurance coverage's required under this Article at
Consultant's sole expense and with insurance companies licensed to do business in the
state in Minnesota and having a current A.M. Best rating of no less than A-, unless
specifically accepted by City in writing.
G. The policy shall contain a provision that coverage's afforded there under shall not be
canceled or non-renewed or restrictive modifications added, without thirty (30) days
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prior written notice to Owner. A copy of the Consultant's insurance declaration
page, Rider or Endorsement, as applicable, which evidences the existence of this
insurance coverage naming the City as an additional insured, must be filed with
City prior to the start of Consultant's Work. Such documents evidencing Insurance
shall be in a form acceptable to City and shall provide satisfactory evidence that
Consultant has complied with all insurance requirements. Renewal certificates shall be
provided to City not less than ten (10) days prior to the expiration date of any of the
required policies. City will not be obligated, however, to review such declaration page,
Rider, Endorsement or certificates or other evidence of insurance, or to advise
Consultant of any deficiencies in such documents and receipt thereof shall not relieve
Consultant from, nor be deemed a waiver of, City's right to enforce the terms of
Consultant's obligations hereunder. City reserves the right to examine any policy
provided for under this paragraph.
21. 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.
22. Ownership of Documents. All plans, diagrams, analyses, reports and information generated
in connection with the performance of the Agreement ("Information") shall become the property
of the City, but Consultant may retain copies of such documents as records of the services
provided. The City may use the Information for its purposes and the Consultant also may use
the Information for its purposes. 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
Consultant, but any reuse of the Information by the City or the Consultant 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.
23. 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.
24. Audits. The books, records, documents and accounting procedures and practices of the
Consultant or other parties relevant to this Agreement are subject to examination by the City
and either the Legislative Auditor or the State Auditor for a period of six (6) years after the
effective date of this Contract.
25. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota.
26. 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
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renders the Contract void. Any federal regulations and applicable state statutes shall not be
violated.
27. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall
be considered an original.
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
Mayor
City Manager
HANSEN THORP PELLINEN OLSON, INC.
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1 1 I Engineering Surveying
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February 27,2008
Mr.Rod Rue
City of Eden Prairie
8080 Mitchell Road
Eden Prairie,MN 55344
Re: Riverview Road Improvements from
Homeward Hills Road to Parker Drive
Dear Rod:
As requested,the following estimate for civil engineering and surveying services
for the above referenced project is provided for your consideration.
Estimate Scope of Services
$52,000.00 Construction Plans and Specifications for street and
storm sewer improvements, and sanitary sewer and
watermain extensions. Includes updating topography,
analysis of alternatives for stormwater treatment,
preparation of up to six easement exhibits, coordination
for State Aid approval, permit applications, engineer's
estimate,and bid administration.
Invoices will be submitted based on actual hours worked using a 2.4 multiplier
times direct personnel expense, and reimbursable expenses incurred (printing,
courier, and other out-of-house services and documents). We will keep you
informed of our work progress and the above fee estimate will not be exceeded
without prior approval from your office. We invoice our services monthly
payable within 30 days.
Thank you for this opportunity to provide our services.
Sincerely,
HANSEN THORP PELLINEN OLSON, INC.
Cm_Yda44..;
7510 Market Place Drive Laurie A.Johnson,P.E.
Eden Prairie, MN 55344 Principal
952-829-0700
952-829-7806 fax
www.htpo.com
HANSEN THORP PELLINEN OLSON, INC.
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1 I I Engineering g g • Surveying
y g HOURLY BUDGET & SCHEDULE
s j') Landscape Architecture Project Riverview Road
' Client City of Eden Prairie
Date 2/26/2008 Job No. 89-001
HOURS BILLING RATE TOTALS TASK
PHASE: CATEGORY DATE
100 SURVEY
Proposed Fee Field 32 Crew 147 4,704
$8,000 Research/Computation 4 Tech IV 96 384
Draft 32 Eng I 74 2,368
Check/Supervision 2 Sury V 133 266
QC Review 2 Sury IV 124 248
Billable Total $7,970
200 FEASIBILITY STAGE
Proposed Fee Set up Project Files Eng I 74 0
$1,600 Project Management,Coordination Eng III 107 0
Gathering Information(as-builts,plats,
topo,etc.) Eng I 74 0
Define Project Scope Eng III 107 0
Order Field Work Eng I 74 0
Private Utility Locations Eng I 74 0
Preliminary Layout/Design Eng I 74 0
Analyze Alternatives 8 Eng III 107 856
Quantities Eng I 74 0
Check Quantities Tech IV 96 0
Cost Estimates(Preliminary) Eng I 74 0
Cost Tabulation with Fees Eng I 74 0
Meetings with Client 2 Eng III 107 214
Meetings with Client 2 Eng V 133 266
Narrative Eng I 74 0
Figures 2 Tech IV 96 192
Assessment Roll Eng I 74 0
Property Owner List Eng I 74 0
Footage&Acreage Eng I 74 0
Calculation Eng I 74 0
Project Schedule Eng I 74 0
Public Hearing Notice Eng I 74 0
PE Review Eng III 107 0
QC Review Eng V 133 0
Billable Total $1,528
250 CONSTRUCTION PLANS
Proposed Fee Project Management,Coordination 10 Eng III 107 1,070
$26,900 Order Soils Borings 1 Eng I 74 74
Order Field Work 1 Eng I 74 74
Contact Private Utilities 3 Eng I 74 222
Set up Sheet Network 14 Eng I 74 1,036
Horizontal Layout/Stationing 4 Eng I 74 296
Vertical Grade/Curves 8 Eng I 74 592
Budget Spreadsheet page 1 of 3 3/11/2008
Cross Sections 40 Eng I 74 2,960
Street Section Design 4 Eng I 74 296
Storm Sewer Design 40 Eng III 107 4,280
Sanitary Sewer Design 16 Eng I 74 1,184
Water Main Design 16 Eng I 74 1,184
Utility Crossings 4 Eng I 74 296
Special Notes,Labeling 8 Eng I 74 592
Erosion Control/SWPPP 16 Eng I 74 1,184
Easements/Construction access 8 Eng III 107 856
Meetings with Client 4 Eng III 107 428
Cover Sheet 8 Eng I 74 592
Detail Sheets 16 Eng I 74 1,184
Signing and Striping/Traffic Control 4 Eng I 74 296
Overall Layout Sheet 8 Eng I 74 592
Statement of Est Quantity Sheet 16 Eng I 74 1,184
Coordination w/ Mn/DOT State Aid 8 Eng IV 124 992
Coordination w/ adjacent developers 6 Eng III 107 642
PE Review 24 Eng III 107 2,568
Field Check of Existing Conditions 4 Eng I 74 296
Send Plans to Private Utility Companies 4 Eng I 74 296
QC Review 12 Eng V 133 1,596
Billable Total $26,862
250 SPECIFICATIONS
Proposed Fee Cover Eng I 74 0
$6,000 Table of Contents Eng I 74 0
Certification Eng I 74 0
Ad for Bids 2 Eng I 74 148
Special Conditions 24 Eng I 74 1,776
Final Quantities 12 Eng I 74 888
Check Quantities 6 Tech IV 96 576
Bid Summary and Signature Sheets Eng I 74 0
Appendix(soil borings,permit
requirements,etc.) 2 Eng I 74 148
Typing 8 Clerical I 54 432
Check Typing 2 Eng I 74 148
PE Review 8 Eng III 107 856
QC Review 2 Eng V 133 266
Printing&binding 8 Clerical I 54 432
Check printed books 4 Eng I 74 296
Billable Total $5,966
250 EASEMENTS
Proposed Fee Descriptions 12 Sury V 133 1,596
$3,900 Sketches 24 Tech II 69 1,656
Check against Plans 3 Eng III 107 321
QC Review 2 Sury V 133 266
Billable Total $3,839
250 PERMITS
Proposed Fee Health Department Watermain Extension 1 Eng I 74 74
$1,200 PCA SanitarySewer Extension(cc:MCES) 4 Eng I 74 296
MCES Sanitary Connection Eng I 74 0
PCA Stormwater 2 Eng I 74 148
Watershed 8 Eng I 74 592
Budget Spreadsheet page 2 of 3 3/11/2008
DNR
Eng I 74 0
Corp of Engineers Eng I 74 0
State Wetland Act(LGU) Eng I 74 0
City Grading or Utility Connection Eng I 74 0
State Eng I 74 0
County Eng I 74 0
Williams pipeline Eng I 74 0
Billable Total $1,110
500 CONSTRUCTION ADMINISTRATION
Proposed Fee Bidders Questions 8 Eng III 107 856
$2,100 Addendums Eng III 107 0
Bid Opening 3 Eng III 107 321
Prepare Bid Tabulation,Rec. Letter 8 Clerical I 54 432
Prepare Bid Tabulation,Rec. Letter 4 Eng III 107 428
Prepare Contracts,Award Letter Eng III 107 0
Watershed Notification Eng III 107 0
Property Owner Notice/Newsletter Eng III 107 0
Pay Requests Tech IV 96 0
Change Orders Eng III 107 0
Final Assessment Numbers Eng III 107 0
Final Payment Recommendation Tech IV 96 0
Billable Total $2,037
550 CONSTRUCTION OBSERVATION
Proposed Fee Field Eng I 74 0
$0 Field Supervision Tech IV 96 0
Billable Total $0
600 CONSTRUCTION STAKING
Proposed Fee Grading and Retaining Walls Crew 147 0
$0 Erosion Control/ Construction Fence Crew 147 0'
Water Main Crew 147 0
Storm Sewer Crew 147 0
Sanitary Sewer Crew 147 0
Parking Lot/Curb Crew 147 0
Bluetops Crew 147 0
Office Coordination Tech II 69 0
Billable Total $0
700 CONSTRUCTION RECORD DRAWINGS/AS-BUILTS
Proposed Fee Field-Utility Structures and Ponds Crew 147 0
$0 Draft Eng I 74 0
Check/Supervision Tech IV 96 0
Billable Total $0
Expenses&Reimbursables
$2,000
$51,700 Project Total $49,312 Raw Total
Budget Spreadsheet page 3 of 3 3/11/2008
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar March 18, 2008
DEPARTMENT/DIVISION: ITEM DESCRIPTION: LC. 04-5620 ITEM NO.: VIII.L.
Rodney Rue Approve Agreement for Cost
Participation and Maintenance for Birch
Public Works/Engineering Island Lake Pond No. 4 Storm Sewer.
Requested Action
Move to: Approve Agreement for Cost Participation and Maintenance for Birch Island Lake
Pond No. 4 Storm Sewer with Hennepin County and Nine Mile Creek Watershed
District.
Synopsis
This Agreement defines the cost participation and maintenance responsibilities for a proposed
storm sewer within and adjacent to CSAH 4 (Eden Prairie Road) and Birch Island Park. The
watershed district will be installing the storm sewer and splitting the cost of the project with
Hennepin County. The City of Eden Prairie will be responsible for the maintenance of the storm
sewer only within Birch Island Park.
Background Information
These storm sewer improvements are part of a larger watershed district project. The larger
project consists of water quality and trail improvements near Cardinal Creek, pumping and water
quality improvements to Anderson Lake, as well as a few water quality and reclamation
improvements near Birch Island Lake.
Attachments
• Hennepin County Agreement No. PW 43-49-07 for Cost Participation and Maintenance
Agreement No. PW 43-49-07
County Project No. 0728
County State Aid Highway 4
City of Eden Prairie
Nine Mile Creek Watershed District
County of Hennepin
AGREEMENT FOR COST PARTICIPATION
AND MAINTENANCE
THIS AGREEMENT,Made and entered into this day of , 20 ,
by and between the.County of Hennepin, a body politic and corporate under the laws of the State of
Minnesota,.-hereinafter referred to as the "County", and the City of Eden Prairie, a body politic and
corporate under the laws of the State of Minnesota,hereinafter referred to as the "City", and the Nine
Mile Creek Watershed District, a duly organized watershed district of the State of Minnesota,
hereinafter referred to as the "District".
WITNESSETH:
WHEREAS,the County, City and District desire to construct a storm sewer system adjacent to
County State Aid Highway Number(CSAH) 4 (Eden Prairie Road) in the vicinity of the southeast
ramp for CSAH 62; and
WHEREAS, said storm sewer system is also known as the Birch Island Lake Pond Number 4
storm sewer; and
WHEREAS,a portion of said storm sewer system will be constructed outside the County's right
of way; and
WHEREAS,the construction of the afore referenced storm sewer system shall be identified and
accomplished under District Project No. 23/27G16 (County Project No. 0728) hereinafter referred to as
the "Project"; and
WHEREAS,the above described Project lies within the corporate limits of the City; and
WHEREAS,the District or its agents will prepare plans and specifications for the construction
of the Project, and will supervise construction of the Project; and
WHEREAS,the District will request that the County and City approve the plans and
specifications and that the County and City authorize the District to perform the work in accordance
with said plans and specifications for the Project; and
- 1 - Ltif,
r -
Agreement No. PW 43-49-07
CSAH 4; C.P. 0728
WHEREAS,the District or its agent has prepared an Engineer's Estimate of quantities and unit
prices for the construction contract work in the amount of Forty Two Thousand Five Hundred Five
Dollars and Forty One Cents ($42,505.41). A copy of said estimate marked Exhibit"A"is attached
and by this reference made a part hereof; and;
WHEREAS,the District has requested that the County participate in the costs of the Project;
and
WHEREAS,the parties hereto desire to establish maintenance responsibilities for the
improvements constructed under the Project; and
WHEREAS, it is contemplated that said work be carried out by the parties hereto under the
provisions of Minnesota Statutes, Section 162.17, Subdivision 1 and Section 471.59.
NOW THEREFORE, IT IS HEREBY AGREED:
I
The District or its agents shall prepare the necessary plans and specifications. The plans and
specifications prepared by the District or its agents shall be approved by the County and City prior to
construction of the Project.
Two (2) sets of approved plans shall be provided at no cost to the County and the City prior to
the start of any construction.
II
The District shall supervise construction of the Project and perform all required engineering,
inspection and testing.
The District shall apply for a permit from the County for work within the County's right of way.
Said permit will be granted to the District at no cost to the District.
The County Engineer or staff, and the City Engineer or staff shall have the right, as the work
progresses,to enter upon the job site to make any inspections deemed necessary, but shall have no
responsibility for the supervision of the work.
III
The County and City agree that the District may make changes in the plans or in the character of
said construction which are reasonably necessary to cause said construction to be in all things
performed and completed in a satisfactory manner consistent with the plans and specifications
approved by the County and City. The County Engineer or designated representative shall have the
- -2 - �
Agreement No. PW 43-49-07
CSAH 4; C.P. 0728
opportunity to review any proposed changes to the plans and specifications prior to the work being
performed.
IV
The County shall reimburse the District for fifty(50)percent of the costs of the contracted
construction work for the Project as shown in Exhibit "A". The County's estimated share of the
contracted construction costs for the Project is Twenty One Thousand Two Hundred Fifty Two Dollars
and Seventy One Cents ($21,252.71).
It is understood that the estimated amount on Page 2 of this Agreement and as shown in Exhibit
"A" is an estimate of the costs for the contracted construction work on the Project and that the unit
prices set forth in the contract with the successful bidder and the final quantities as measured by the
District's Project Engineer or designated representatives and provided to the County Engineer, shall
govern in computing the total final contract construction cost for apportioning the cost of the Project
according to the provisions herein.
It is further understood and agreed by the parties hereto,that the County's share of the contracted
construction costs for the Project shall not exceed Thirty Thousand Dollars and No Cents ($30,000.00).
Upon completion of the Project the District shall notify the County and shall submit an invoice
marked"final"indicating the County's participating share of the Project. The District shall also submit
complete documentation showing the District's total cost for the Project.
Upon review and approval of the Project by the County Engineer or designated representative,
the County shall reimburse the District the County's participating share of the construction costs. The
County will within forty five(45)days of said invoice, deposit with the District funds totaling the
amount of said invoice.
V
All records kept by the parties with respect to this Project shall be subject to examination by the
representatives of each party hereto.
VI
Upon completion of the Project the County shall, at its own cost and expense, retain ownership
and maintenance responsibilities for the storm sewer drainage system between catch basin number three
and manhole number.2 as shown on Exhibit"B"attached hereto and by this reference made a part
hereof. The County's responsibility shall include the above mentioned catch basin number 3 and
manhole number 2. All other components of the storm sewer drainage system, constructed as a part of
this Project, shall become the property of the City and shall be maintained by the City at its sole cost and
,expense
- 3 - � `-
ry%Y h
Agreement No. PW 43-49-07
CSAH 4; C.P. 0728
VII
The County agrees to defend, indemnify and hold harmless the City and the District,their
officials, officers, agents,volunteers, and employees from any liability, claims, causes of action,
judgments, damages, losses, costs or expenses, including reasonable attorney's fees,resulting directly
or indirectly from any act or omission of the County, its subcontractors, anyone directly or indirectly
employed by them, and/or anyone for whose acts and/or omissions they may be liable related to the
ownership, maintenance, existence,restoration, repair or replacement of the County owned
improvements. The County's liability under this indemnification obligation shall be governed by the
provisions of Minnesota Statutes, Chapter 466.or other applicable law.
The City agrees to defend, indemnify and hold harmless the County and the District, their
officials, officers, agents, volunteers, and employees from any liability, claims, causes of action,
judgments, damages, losses, costs or expenses, including reasonable attorney's fees, resulting directly
or indirectly from any act or omission of the City, its subcontractors, anyone directly or indirectly
employed by them, and/or anyone for whose acts and/or omissions they may be liable related to the
ownership,maintenance, existence,restoration, repair or replacement of the City owned improvements.
The City's liability under this indemnification obligation shall be governed by the provisions of
Minnesota Statutes, Chapter 466 or other applicable law.
The District agrees to defend, indemnify and hold harmless the City and the County, their
officials, officers, agents,volunteers, and employees from any liability, claims, causes of action,
judgments, damages, losses, costs or expenses, including reasonable attorney's fees, resulting directly
or indirectly from any act or omission of the District, its subcontractors, anyone directly or indirectly
employed by them, and/or anyone for whose acts and/or omissions they may be liable related to the
improvements constructed by the District as specified herein. The District's liability under this
indemnification obligation shall be governed by the provisions of Minnesota Statutes, Chapter 466 or
other applicable law.
VIII
Each party agrees that it will be responsible for its own acts and the results thereof,to the extent
authorized by the law, and shall not be responsible for the acts of the other party and the results thereof.
The County's,the City's and the District's liability are governed by the provisions of Minnesota
Statutes, Chapter 466.
The County, City and the District each warrant that they are able to comply with the
aforementioned indemnity requirements through an insurance or self-insurance program.
IX
_ It is further agreed that any and all employees of the County and all other persons engaged by the
County in the performance of any work or services required or provided for herein to be performed by
-4 - L
Agreement No. PW 43-49-07
CSAH 4; C.P. 0728
the County shall not be considered employees of the City or the District, and that any and all claims
that may or might arise under the Worker's Compensation Act or the Minnesota Economic Security
Law on behalf of said employees while so engaged and any and all claims made by any third parties as
a consequence of any act or omission on the part of said employees while so engaged on any of the
work or services provided to be rendered herein shall in no way be the obligation or responsibility of
the City or the District.
Also, any and all employees of the City and all other persons engaged by the City in the
performance of any work or services required or provided for herein to be performed by the City shall
not be considered employees of the County or the.District, and that any and all claims that may or
might arise under the Worker's Compensation Act or the Minnesota Economic Security Law on behalf
of said employees while so engaged and any and all claims made by any third parties as a consequence
of any act or omission on the part of said employees while so engaged on any of the work or services
provided to be rendered herein shall in no way be the obligationor responsibility of the County or the
District.
Also, any and all employees of the District and all other persons engaged by the District in the
performance of any work or services required or provided for herein to be performed by the District
shall not be considered employees of the City or the County, and that any and all claims that may or
might arise under the Worker's Compensation Act or the Minnesota Economic Security Law on behalf
of said employees while so engaged and any and all claims made by any third parties as a consequence
of any act or omission on the part of said employees while so engaged on any of the work or services
provided to be rendered herein shall in no way be the obligation or responsibility of the City or the
County.
X
In order to coordinate the services of the City and District with the activities of the County so as
to accomplish the purpose of this Agreement,the County Engineer or a designated representative shall
manage this Agreement on behalf of the County and shall serve as liaison between the parties hereto.
In order to coordinate the services of the County and District with the activities of the City so as
to accomplish the purpose of this Agreement,the City Engineer or a designated representative shall
manage this Agreement on behalf of the City and shall serve as liaison between parties hereto.
In order to coordinate the services of the County and City with the activities of the District so as
to accomplish the purpose of this Agreement,the District Director or a designated representative shall
manage this Agreement on behalf of the District and shall serve as liaison between parties hereto.
XI
It is understood and agreed that the entire Agreement between the parties is contained herein and
that this Agreement supersedes all oral agreements and negotiations between the parties relating to the
subject matter hereof. All items referred to in this Agreement are incorporated or attached and are
- 5 -
Agreement No. PW 43-49-07
CSAH 4; C.P. 0728
deemed to be part of this Agreement.
•
Any alterations,variations,modifications or waivers of provisions of this Agreement shall only
be valid when they have been reduced to writing as an amendment to this Agreement signed by the
parties hereto.
XII
The provisions of Minnesota Statutes 181.59 and of any applicable local ordinance relating to
civil rights and discrimination and the Affirmative Action Policy statement of Hennepin County shall
be considered a part of this Agreement as though fully set forth herein.
(this space left intentionally blank)
•
I
_ 6
Agreement No. PW 43-49-07
CSAH 4; C.P. 0728
IN TESTIMONY WHEREOF,The parties hereto have caused this Agreement to be executed
by their respective duly authorized officers as of the day and year first above written.
CITY OF EDEN PRAIRIE
,
(Seal) By:
Mayor •
Date:
• And:
Manager
Date:
NINE MILE CREEK WATERSHED DISTRICT
(Seal) By: l/tt W‘IN • '��:x t, e
President of its Board
rit---cj Date: /Q 5
j "g-,,\-- -- .And:
�/ (�
District Director
-(SbVn4.. f.4.4_1....e.ip
Date:
/ 2~: 2 (- 4,7
- 7- W -
t ,
Agreement No. PW 43-49-07
CSAH 4; C.P. 0728
COUNTY OF HENNEPIN
ATTEST:
By: By:
Deputy/Clerk of the County Board Chair of its County Board
Date: __ Date:
APPROVED AS TO FORM: And:
County Administrator
By: _ Date:
As ' t Co ty Attorney
(sia And:
Date: ( Assistant County Administrator,Public Works
Date:
APPROVED AS TO EXECUTION: RECOMMENDED FOR APPROVAL
By: By:
Assistant County Attorney Director, Transportation Department
and County Engineer
Date: Date:
- 8 - W`—
Agreement No PW 43-49-07
CSAH 4; C.P. 0728
Storm
Sewer Storm Sewer
Item Description Unit Estimated Unit Extension Fraction Cost
Quantity Price
Birch Island Lake Pond 4
1.04-3 Site Mobilization/Demobilization L.S. 1 4,000 $ 4,000.00 50% $ 2,000.00
1.04-4 Rock Erosion Control Construction Each 1 2,000 $ 2,000.00 $ -
Entrance
1.04-5 Silt Fence L.F. 455 3 $ 1,365.00 $ -
1.04-6 12"Dia.Siltation Sock,(Temporary L.F. 160 5.5 $ 880.00 50% $ 440.00
Erosion Control)
1.04-8 Erosion Control Inlet Protection Each 1 250 $ 250.00 50% $ 125.00
1.04-9 Erosion Control Mat,Mn/DOT Cat.2 S.Y. 461 1.75 $ 806.75 50% $ 403.38
1.04-10 Permanent Erosion Control Mat,Mn/DOT S.Y. 474 5 $ 2,370.00 $ -
Cat.7
1.04-13 Clearing&Grubbing Acre 0.49 5,400 $ 2,646.00 $
1.04-14 Strip and Salvage Topsoil C.Y. 412 4.5 $ 1,854.00 $ -
1.04-68 Control of Water L.S. 1 2,000 $ 2,000.00 $ -
1.04-54 Pond Excavation and Disposal of L.S. 1 66,500 $ 66,500.00 $ -
Excavated Material
1.04-19 Granular Fill(BERM) C.Y. 338 20 $ 6,760.00 $ -
1.04-17 Site Grading S.Y. 4222 0.55 $ 2,322.10 10% $ 232.21
1.04-55 Remove Bituminous Pavement S.Y. 16 15.5 $ 248.00 100% $ 248.00
1.04-56 Remove Storm Sewer Pipe(24"C.M.P.) L.F. 20 17.5 $ 350.00 100% $ 350.00
1.04-57 15"R.C.P.Class V L.F. 16 33.76 $ 540.16 100% $ 540.16
1.04-57 27"R.C.P.Class II L.F.. 32 125.28 $ 4,008.96 100% $ 4,008.96
1.04-57 48"R.C.P.Class II L.F. 54 342.56 $ 18,498.24 100% $ 18,498.24
1.04-57 48"R.C.P.Flared End Section WlTrash Each 1 5,228 $ 5,228.00 100% $ 5,228.00
Rack _
1.04-24. Rip Rap with Filter and Fabric,Class III C.Y. 22 74 $ 1,628.00 100% $ 1,628.00
1.04-58 Construct High Capacity Catch Basin Each 1 3,700 $ 3,700.00 100°A; $ 3,700.00
1.04-59 Construct Std.48"Dia.R.C.P.Manhole L.F. _ 14 300 $ 4,200.00 100% $ 4,200.00
1.04-59 Construct 60"Dia.R.C.P.Manhole L.F. 16 350 $ 5,600.00 100% $ 5,600.00
1.04-60 Pipe Trench Excavation C.Y. 395 4.5 $ 1,777.50 100% $ 1,777.50
1.04-61 Pipe Bedding Material C.Y. 37 31 $ 1,147.00 100% $ 1,147.00
1.04-62 Backfill and Compaction C.Y. 355 2.5 $ 887.50 100% $ 887.50
1.04-19 Granular Fill(BERM) C.Y. 178 20 $ 3,560.00 $ -
1.04-21 Aggregate Class 5 C.Y. 8 34 $ 272.00 100% $ 272.00
1.04-63 B-618 Concrete Curb and Gutter L.F. 18 28 $ 504.00 100% $ 504.00
1.04-64 Replace Bituminous Pavement S,Y. 16 56 $ 896.00 100%, $ 896.00
1.04-22 Top Soil Borrow C.Y. 21 18 $ 378.00 10% $ 37.80
1.04-65 Turf Establishment(SEED) Acre 0.06 5,000 $ 300.00 100% $ 300.00
1.04-48 Seeding Natural Area(Wet Prairie Seed Acre 0.17 8,600 $ 1,462.00 $ -
Mix)
1.04-49 Seeding Natural Area(Dry Prairie Seed Acre 0.12 7,500 $ 900.00 $
,. Mix)
1,.04-66, Trees(River Birch,minimum 2"Dia) Each 8 400 $ 3,200.00 $ -
104 66! Trees(American Elm,minimum 2"Dia.) Each 8 400 $ 3,200.00 $ -
1.04-67 Tree Protection Each 16 90 $ 1,440.00 $ -
1.04-46 Shredded,Hardwood Mulch C.Y. 13 28 $ 364.00 $ -
1.04-53;Traffic.Control L.S. 1 3,000 $ 3,000.00 50% $ 1,500.00
Sub-Total= $ 161,043.21 $ 54,523.75
Exhibit"A"
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OR REPORT WAS PREPARED BY ME OR UNDER MY P.jt Off
LAWS OF THE STATE OF MINNESOTA.
BA MINNS
NO. BY CHK.APP. DATE REVISION DESCRIPTION DATE RM NO. TO/FOR DATE RFIFAIED Pht 1-800-632-2277 _.b.
Hennepin County Agreement No.PW43-49-O7
Exhibit"A";Sheet 2of2 \�K
vv `—
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar March 18, 2008
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.M.
Police, Lieutenant Weber Approval of 2008 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 2008.
Synopsis:
This agreement for Towing Services will provide consistency of towing services and costs.
Background Information:
For 45 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 2007 agreement with no
changes in fees and charges. The proposed agreement has been reviewed and approved by the
City Attorney.
Attachment:
2008 Agreement for Towing Services
2008
AGREEMENT FOR TOWING SERVICES
THIS AGREEMENT, entered into this 18th day of March, 2008, 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 $89.00/109.00
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
ATV's, 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
towed without charge to the City, (b) vehicles towed and/or stored in error (at the request
2
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 61st 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 31st 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
sale or disposal, including the proceeds received, in the semi-annual report referenced
3
above in paragraph 10. The Contractor shall keep records and prepare an annual
summary report by January 31, 2009, of all losses and profits from the sale or disposal of
vehicles towed pursuant to this agreement.
12. Liability. 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
because of race, color, sex, age, creed, national origin, or any other basis prohibited by
4
federal, state or local laws. The Contractor will include a similar provision in all
subcontracts entered into for performance of this contract.
16. Subcontractors. The Contractor shall not subcontract all or any portion of
this contract without prior written approval of the City, except for assistance in
emergency or unforeseen circumstances. All subcontractors shall be bound by, and
covered by, all terms of this agreement.
17. Agreement Period. This Agreement shall commence on January 1, 2008,
and terminate on January 15, 2009. 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 (11/2%) 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:
SECTION: Consent Agenda March 18, 2008
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.N.
Rick Wahlen Approve Eden Prairie Water Emergency
Public Works/Utilities and Conservation Plan
Requested Action
Move to: Approve the City of Eden Prairie's Water Emergency and Conservation Plan.
Synopsis
Council approval of the Water Emergency and Conservation Plan is required before the Plan can
be accepted by the State of Minnesota. The Water Emergency and Conservation Plan is a
planning document required to be renewed every 10 years by the Minnesota Department of
Natural Resources. The document hinges on the community's planned growth figures, and
outlines the anticipated water needs to sustain the per-capita water demand for the next ten years.
The plan identifies trigger points and outlines city emergency conservation actions that will
occur in the event of a water supply emergency.
Background Information
Last autumn, the City's Water Emergency and Conservation Plan was completed and circulated
among our neighboring communities for a 6-month peer review, which is now complete. No
concerns were raised by our neighboring cities with our plan, and the next step in adoption of the
plan is the approval by the City Council. Upon final approval of the City's Comprehensive
Guide Plan Update, which contains population projection figures referenced in the attached
Water Emergency and Conservation Plan, the Metropolitan Council and the Department of
Natural Resources will subsequently update their planning figures. Final acceptance and
approval by the DNR will occur following their adoption of the City's Guide Plan Update
population growth estimates.
Attachment
• Certification Form
• Water Emergency and Conservation Plan
City of Eden Prairie
Water Emergency and Conservation Plan
EDEN
PRAIRIE
LIi' 'wc'11:.+ all Ail
April, 2007
Prepared by
ST. CROIX ENVIRONMENTAL, INC.
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City of Eden Prairie
Water Emergency and Conservation Plan
3/30/2007
DEPARTMENT OF NATURAL RESOURCES -DIVISION OF WATERS and
METROPOLITAN COUNCIL
WATER EMERGENCY AND CONSERVATION PLANS
These guidelines are divided into four parts. The first three parts, Water Supply System
Description and Evaluation, Emergency Response Procedures and Water Conservation Planning
apply statewide. Part IV, relates to comprehensive plan requirements that apply only to
communities in the Seven-County Twin Cities Metropolitan Area. If you have questions
regarding water emergency and conservation plans,please call (651) 259-5703 or(651) 259-
5647 or e-mail your question to wateruse@dnr.state.mn.us. Metro Communities can also direct
questions to the Metropolitan Council at watersupply@metc.state.mn.us or(651) 602-1066.
DNR Water 786175
Appropriation
Permit Number(s)
Name of Water Supplier City of Eden Prairie, MN
Address 14100 Technology Drive
Eden Prairie, MN 55344
Contact Person Rick Wahlen
Title Manager, Utility Operations
Phone Number 952-949-8530
E-Mail Address rwahlen@edenprairie.org
PART I. WATER SUPPLY SYSTEM DESCRIPTION AND EVALUATION
The first step in any water supply analysis is to assess the current status of demand and supplies.
Information in Part I, can be used in the development of Emergency Response Procedures and
Conservation Plans.
A. ANALYSIS OF WATER DEMAND.
Fill in Table 1 for the past 10 years water demand. If your customer categories are different than
the ones listed in Table 1, please note the changes below.
(not applicable)
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City of Eden Prairie
Water Emergency and Conservation Plan
3/30/2007
TABLE 1 Historic Water Demand
Year Total Population Total Residential C/I/I Wholesale Total Water Total Water Percent Average Maximum Residential Total gallons/
Population Served Connections Water Sold Water Deliveries Sold(MG) Pumped Unmetered/ Demand Demand gallons/ capita/day
(MG) Sold(MG) (MG) (MG) Unaccounted (MGD) (MGD) capita/day
2005 61,200 61,200 18,271 1,983.8 704.5 0 2,688.3 2,923.2 8 8.0 21.6 89 131
2004 61,000 61,000 17,896 1,969.6 724.9 0 2,751.2 2,920.6 6 8.0 20 88 131
2003 60,000 60,000 17,494 2,242.6 735.1 0 2,977.7 3,174.3 6 8.7 22 102 145
2002 57,000 57,000 16,982 1,777.7 734.4 0 2,512.1 2,673.8 6 7.3 16.9 85.5 129
2001 55,000 55,000 16,636 2,001.4 724.4 0 2,725.7 2,946.7 7.5 8.1 22.7 100 147
2000 54,000 54,000 16,287 1902.3 697 0 2,599.3 2,884.7 10 7.9 18 97 146
1999 54,200 54,200 15,342 1658.3 686.7 0 2,345 2,728.8 14 7.5 19.6 84 138
1998 54,000 54,000 15,021 1,614.3 702.7 0 2,317 2,849.4 19 7.8 18.9 82 145
1997 52,000 52,000 14,760 1,559.7 656.6 0 2,216.3 2,481.5 11 6.8 18 82 131
1996 50,000 50,000 14,117 1,514 450 0 2,317 2,662.4 13 7.3 18 83 146
MG-Million Gallons MGD-Million Gallons per Day C/I/I-Commercial,Industrial,Institutional
Residential. Water used for normal household purposes,such as drinking,food preparation,bathing,washing clothes and dishes,flushing toilets,and watering lawns and gardens.
Institutional. Hospitals,nursing homes,day care centers,and other facilities that use water for essential domestic requirements.This includes public facilities and public metered uses.You may
want to maintain separate institutional water use records for emergency planning and allocation purposes.
Commercial. Water used by motels,hotels,restaurants,office buildings,commercial facilities,both civilian and military.
Industrial. Water used for thermoelectric power(electric utility generation)and other industrial uses such as steel,chemical and allied products,food processing,paper and allied products,mining,
and petroleum refining.
Wholesale Deliveries. Bulk water sales to other public water suppliers.
Unaccounted. Unaccounted for water is the volume of water withdrawn from all sources minus the volume sold.
Residential Gallons per Capita per Day=total residential sales in gallons/population served/365 days Total Gallons per Capita per Day=total water withdrawals/population served/365 days
NOTE: Non-essential water uses defined by Minnesota Statutes 103G.291,include lawn sprinkling,vehicle washing,golf course and park irrigation and other non-essential uses. Some of the above
categories also include non-essential uses of water.
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City of Eden Prairie
Water Emergency and Conservation Plan
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Water Use Trends. Discuss factors that influence trends in water demand(i.e. growth, weather,
industry, conservation). If appropriate, include a discussion of other factors that affect daily
water use, such as use by non-resident commuter employees or large water consuming industry.
Water demand in Eden Prairie is affected by two primary factors. Much of the increased water usage is
due to increased development during the 1990's. Summer demands are influenced by precipitation and
watering efforts. As shown below, Eden Prairie's top 10 commercial users consume less than 6% of the
annual water use.
TABLE 2 Large Volume Users
List the top 10 largest users.
Customer Thousands of Gallons % of total annual use
per year
Rosemount, Inc. 36,282 1.24
EPCtv 27,133 0.93
MTS Systems 22,780 0.78
Lund Food Holdings 20,195 0.69
Broadmoor Apartments 14,304 0.49
Lifetime Fitness, Inc. 10,085 0.34
Eden Prairie Senior Housing 9,908 0.34
Grace Church 9,648 0.33
Lake Place 8,265 0.28
Edenvale Apartments 7,419 0.25
B. TREATMENT AND STORAGE CAPACITY.
TABLE 3(A) Water Treatment
Water Treatment Plant Capacity 28,000,000 Gallons per day
Describe the treatment process used(i.e., softening, chlorination, fluoridation, Fe/Mn removal,
reverse osmosis, coagulation, sedimentation, filtration, others). Also, describe the annual amount
and method of disposal of treatment residuals, if any.
Well water is pumped to the water treatment plant which uses two-stage clarification with a split treatment
softening process. Treatment includes two parallel basin trains. Each treatment train consists of three
major components: (1) a primary(solids contact) basin for excess lime softening and Fe/Mn removal; (2)
a rapid mix chamber which to introduces bypassed raw water, carbon dioxide, coagulant, and return
sludge from the secondary treatment process;and(3), a secondary(clari-flocculator) basin for
recarbonation, stabilization, and additional clarification. Effluent from the secondary basins is conveyed to
dual media gravity filters.
Chemical feed includes lime for softening;ferric sulfate for clarification; carbon dioxide for recarbonation
and stabilization;polyphosphate for stabilization; chlorine and fluoride.
Dewatered by-product is hauled to private land for disposal.
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City of Eden Prairie
Water Emergency and Conservation Plan
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TABLE 3(B) Storage Capacity
List all storage structures and capacities.
Total Storage Capacity Average Day Demand (average of last 5 years)
8,500,000 Gallons 8,021,000 Gallons per day
Type of Structure Number of Structures Gallons
Elevated Storage 2 3.0 MG
Ground Storage 2 5.5 MG
C. WATER SOURCES.
List all groundwater, surface water and interconnections that supply water to the system. Add or
delete lines to the tables as needed.
TABLE 4(A) Total Water Source Capacity for System
(excluding emergency connections)
Total Capacity of Sources 19,900 Gallons per minute
Firm Capacity(largest pump out of service) 17,900 Gallons per minute
TABLE 4(B) Groundwater Sources
Copies of water well records and well maintenance information should be included with the
public water supplier's copy of the plan in Attachment A.
If there are more wells than space provided or multiple well fields,please use the List of Wells
template (see Resources) and include as Attachment (not applicable).
Due to the City's Homeland Security Plan, this information is available at City Hall for review if necessary.
However, the DNR should already have all well and maintenance records in their possession.
Well# Unique Year Well& Well Capacity Geologic Unit Status
or name Well Installed Casing Diameter (GPM)
Number Depth(ft) (in) (1)
1 205906 1971 405/227 24 OPC-CJ abandoned
2 205905 1971 394/210 24 1200 OPC-CJ Active Use
3 112242 1978 392/207 24 1200 OPC-CJ Active Use
4 147454 1981 381 /207 24 1400 OPC-CJ Active Use
5 147453 1981 393/219 24 1400 OPC-CJ Active Use
6 147452 1981 388/230 24 1400 OPC-CJ Active Use
7 424924 1987 383/306 30 1900 CJ Active Use
8 424925 1987 391 /316 30 1900 CJ Active Use
9 424926 1987 405/319 30 1900 CJ Active Use
10 424927 1987 401 /308 30 2000 CJ Active Use
11 541542 1994 408/232 24 1400 OPC-CJ Active Use
12 541541 1994 385/215 24 1400 OPC-CJ Active Use
13 622703 1999 410/210 24 1400 OPC-CJ Active Use
14 603068 2000 418/241 24 1400 OPC-CJ Active Use
15 pending 2005 420/243 24 1600 (2) OPC-CJ Under Development
Status:Active use,Emergency,Standby,Seasonal,Peak use,etc. GPM—Gallons per Minute
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City of Eden Prairie
Water Emergency and Conservation Plan
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Geologic Unit:Name of formation(s),which supplies water to the well
(1) Designed yield—dependent upon aquifer conditions¬ a hard-and-fast value year-round.
(2) Pending evaluation—not included in total calculation of yield
TABLE 4(C) Surface Water Sources
Intake ID Resource name Capacity(GPM/MGD)
n/a
Eden Prairie does not have surface water sources. The only potential surface supply would be the Minnesota
River. Based on information presented by the Metropolitan Council in The Effects of Low Flow on Water
Quality in the Metropolitan Area— Working Paper No. 6, the Minnesota River would be a poor water supply
source due to high algal growth, other organic loadings and seasonally low flow rates.
TABLE 4(D) Wholesale or Retail Interconnections
List interconnections with neighboring suppliers that are used to supply water on a regular basis,
either wholesale or retail.
Eden Prairie does not have wholesale or retail interconnections.
Water Supply System Capacity (GPM/MGD) Wholesale or retail
n/a
TABLE 4(E) Emergency Interconnections
List interconnections,with neighboring suppliers or private sources,that can be used to supply water
on an emergency or occasional basis. Suppliers that serve less than 3,300 people can leave this
section blank,but must provide this information in Section II C.
Water Supply Capacity (GPM/MGD) Note any limitations on use
System
City of 1200 GPM via an 8"connection. Instability of mixed water may occur,
Minnetonka and there are differences in overflow
elevations.
City of Edina 2,000 to 4,000 GPM via a 12"connection. Instability of mixed water may occur.
GPM—Gallons per Minute MGD—Million Gallons per Day
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City of Eden Prairie
Water Emergency and Conservation Plan
3/30/2007
D. DEMAND PROJECTIONS.
TABLE 5 Ten Year Demand Projections
Year Population Average Day Maximum Projected
Served Demand Day Demand Demand
(MGD) (MGD) (MGY)
2006 61,610 8.2 22.5 2,986
2007 62,023 8.4 23.5 3,051
2008 62,438 8.5 24.5 3,117
2009 62,857 8.7 25.6 3,183
2010 63,277 _ 8.9 26.6 3,249
2011 63,448 8.7 26.4 3,172
2012 63,619 8.7 26.3 3,181
2013 63,790 8.7 26.1 3,189
2014 63,961 8.8 26.0 3,198
2015 64,134 8.8 25.8 3,207
MGD—Million Gallons per Day MGY—Million Gallons per Year
Note: The average day demand was extrapolated between 2005 data and the 2010 projection of 8.9
presented in the "Comprehensive Plan Update" Beyond 2010, the average day demand is based upon a
multiplier of 0.05, which is a historic average relationship between population and average day demand.
Projection Method. Describe how projections were made, (assumptions for per capita,per
household, per acre or other methods used).
The Metropolitan Council's`Regional Development Framework"population forecasts for the City are 61,200,
62,500,and 63,000 for the years 2010, 2020, and 2030 respectively.Population projections presented in Eden
Prairie's 2000 "Comprehensive Plan Update" are higher, with a 2010 estimate of 63,277. The actual
population in 2005 was estimated to be 61,200. Given the trend of steady population growth over the past 20
years, the City estimates that its population may reach full development potential of 65,000 by 2020. For
purposes of this report, projections from Eden Prairie's Comprehensive plan were utilized. Data was
extrapolated from the 2010 and 2020 projections for the additional years listed on Table 5.
As presented in the"Comprehensive Plan Update';projected water demands are based on historical gross per
capita consumptions and maximum day/average day ratios. The maximum day demands are based on a
normal dry year,not drought conditions. Maximum day demand, including potential conservation reductions,
is projected to be 25 mgd for 2020. Again, data was extrapolated from the 2010 and 2020 projections for the
additional years listed on Table 5. The declining trend noted after 2010 reflects reductions due to conservation
efforts.
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City of Eden Prairie
Water Emergency and Conservation Plan
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E. RESOURCE SUSTAINABILITY
Sustainable water use: use of water to provide for the needs of society,now and in
the future,without unacceptable social,economic,or environmental consequences.
Monitoring. Records of water levels should be maintained for all production wells and source
water reservoirs/basins. Water level readings should be taken monthly for a production well or
observation well that is representative of the wells completed in each water source formation. If
water levels are not currently measured each year, a monitoring plan that includes a schedule for
water level readings must be submitted as an Attachment.
Note:All wells are monitored regularly. No attachment necessary.
TABLE 6 Monitoring Wells
List all wells being measured.
Unique well Type of well Frequency of Method of
number (production, Measurement Measurement (steel
observation) (daily, monthly etc.) tape, SCADA etc.)
112242 Production Constant SCADA/Transducer
147454 Production Constant SCADA/Transducer
147453 Production Constant SCADA/Transducer
147452 Production Constant SCADA/Transducer
424924 Production Constant SCADA/Transducer
424925 Production Constant SCADA/Transducer
424926 Production Constant SCADA/Transducer
424927 Production Constant SCADA/Transducer
541542 Production Constant SCADA/Transducer
541541 Production Constant SCADA/Transducer
622703 Production Constant SCADA/Transducer
603068 Production Constant SCADA/Transducer
205905 Production Constant SCADA/Transducer
pending Production Constant SCADA/Transducer
Water Level Data. Summarize water level data including seasonal and long-term trends for
each ground and/or surface water source. If water levels are not measured and recorded on a
routine basis then provide the static water level (SWL)when the well was constructed and a
current water level measurement for each production well. Also include all water level data
taken during well and pump maintenance.
Attachment B: Provide monitoring data (graph or table) for as many years as possible.
Ground Water levels for the City wells are measured continually in elevation. The water levels from each
of the wells for the years 2003 and 2006 are included as Attachment B. The seasonal trends are similar.
Each summer, water levels were drawn down roughly an additional 40 feet deeper than during the other
seasons. The long-term trends show a consistency in water level elevations with no long-term drawdown
of the aquifer having occurred.
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City of Eden Prairie
Water Emergency and Conservation Plan
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Ground Water Level Monitoring—DNR Waters in conjunction with federal and local units of government maintain and
measure approximately 750 observation wells around the state.Ground water level data are available online
www.dnr.state.mn.us/waters.Information is also available by contacting the Ground Water Level Monitoring Manager,DNR
Waters,500 Lafayette Road,St.Paul,MN 55155-4032 or call(651)259-5700.
Natural Resource Impacts. Indicate any natural resource features such as calcareous fens,
wetlands, trout streams, rivers or surface water basins that are or could be influenced by water
withdrawals from municipal production wells. Also indicate if resource protection thresholds
have been established and if mitigation measures or management plans have been developed.
Wetlands and other water bodies are present throughout Eden Prairie. The 1999 "Comprehensive Wetland
Protection and Management Plan"provides an inventory of these water bodies.
The "Local Water Management Plan"was prepared for the City of Eden Prairie in December, 2004. It was
intended to be a summary of the City's water resource management goals,policies and strategies. The report
indicated that the City intends to manage its water resources consistent with the requirements of the three
watershed districts having land within its borders: Nine Mile Creek Watershed Management District, Riley-
Purgatory-Bluff Creek Watershed Management District, and Lower Minnesota River Watershed Management
District. There have been no indications that groundwater withdrawals from municipal production wells could
be influencing surface waters. One goal of the report was that City staff will continue to work cooperatively
with the MDH and watershed districts to develop policies and guidelines to encourage infiltration and
groundwater recharge consistent with protection requirements of groundwater recharge areas in the City.
The City has developed a number of education tools, as well as ordinances, aimed at protection and
management of the City's surface water resources. These include:
• Active and ongoing education program on water resources for all age groups. This includes the
Environmental Learning Center at the City's Water Treatment Plant and Staring Lake Outdoor Center.
• Annual Environmental Fair for the distribution of environmental education information and topics,such
as native plant landscaping, water conservation and wetlands protection.
• Annual monitoring of the City's reference wetlands, both for water chemistry and vegetation changes.
• Standards for the protection of wetlands(City Code Section 11.51). This code established a series of
criteria for protection of wetlands and their buffers, which are established during the development
review process.
Sustainability. Evaluate the adequacy of the resource to sustain current and projected demands.
Describe any modeling conducted to determine impacts of projected demands on the resource.
Modeling has been performed, the results of which were presented in the"Initial Assessment of Hydrogeologic
Conditions, Wellfield Pumping, and Future Wellfield Expansion"report dated June, 1997. The purpose of the
report was to provide an evaluation of and recommendations for wellfield expansion. The report concluded
that although the Prairie du Chie-Jordan Aquifer is an excellent current and future source of water for the City,
some wellhead interference may occur with nearby municipalities, and that consideration should be given to
installation of future wells in either the Franconia-Ironton-Galesville Aquifer or the Mt. Simon-Hinckley Aquifer.
The Metropolitan Council's "Water Supply Planning in the Twin Cities Metropolitan Area Report to the 2007
Minnesota State Legislature"dated January 2007 was reviewed. For its water supply demand projections, the
Council used the 2010, 2020 and 2030 population forecasts for each community developed for the 2030
Regional Development Framework (Metropolitan Council, 2004). Preliminary 2040 and 2050 population
forecasts for each community were also developed in order to project water demand to 2050. The report
projects a water demand range of 5.01 to 10 mgd for each of the years 2030 and 2050. The Council
evaluated aquifer productivity based on the presence/extent of each aquifer, geologic influences on potential
recharge, observation well trends and capacities of existing wells. Eden Prairie's aquifer yield potential was
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City of Eden Prairie
Water Emergency and Conservation Plan
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classified as "High". Based on 2030 and 2050 water use demand projections and the water resource
availability analysis, the Council found the source(i.e. the groundwater aquifer)for Eden Prairie's water supply
to be adequate to meet projected demands.
Source Water Protection Plans. The emergency procedures in this plan are intended to comply
with the contingency plan provisions required in the Minnesota Department of Health's (MDH)
Wellhead Protection (WHP) Plan and Surface Water Protection (SWP)Plan.
Date WHP Plan Adopted: 3/18/2003
Date for Next WHP Update: 3/18/2013
SWP Plan:Local Water ❑ In Process ® Completed ❑ Not Applicable
Management Plan 12/2004
F. CAPITAL IMPROVEMENT PLAN (CIP)
Adequacy of Water Supply System. Are water supply installations, treatment facilities and
distribution systems adequate to sustain current and projected demands? n Yes 171 No If no,
describe any potential capital improvements over the next ten years and state the reasons for the
proposed changes (CIP Attachment C).
In addition to the Capital Improvement tasks listed in the attachment, the following projects are being
considered:
1) Wellfield expansion;
2) Use of enhanced operational techniques and technology to increase capacity on the existing footprint;
and
3) Distribution system growth as development proceeds/continues.
Proposed Water Sources. Does your current CIP include the addition of new wells or intakes?
® Yes n No If yes, list the number of new installations and projected water demands from
each for the next ten years. Plans for new production wells must include the geologic source
formation, well location, and proposed pumping capacity.
Well 15 was installed in 2005 into the Prairie du Chien/Jordan aquifer. Its capacity is approximately 1700
GPM based upon a pump test.
Water Source Alternatives. If new water sources are being proposed, describe alternative
sources that were considered and any possibilities of joint efforts with neighboring communities
for development of supplies.
The City plans to perform a hydrogeologic well siting evaluation, which will include a wellfield interference
evaluation; well performance evaluation;engineering/drilling input;and may include a glacial well pumping
test.
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City of Eden Prairie
Water Emergency and Conservation Plan
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Preventative Maintenance. Long-term preventative programs and measures will help reduce
the risk of emergency situations. Identify sections of the system that are prone to failure due to
age, materials or other problems. This information should be used to prioritize capital
improvements,preventative maintenance, and to determine the types of materials (pipes, valves,
couplings, etc.) to have in stock to reduce repair time.
The City operates a maintenance program where all equipment is continually monitored, serviced and
repaired to ensure proper operation. Replacement and repair parts are stocked for components that
require the most frequent maintenance.
PART II. EMERGENCY RESPONSE PROCEDURES
Water emergencies can occur as a result of vandalism, sabotage, accidental contamination,
mechanical problems,power failures, drought, flooding, and other natural disasters. The purpose
of emergency planning is to develop emergency response procedures and to identify actions
needed to improve emergency preparedness. In the case of a municipality, these procedures
should be in support of, and part of, an all-hazard emergency operations plan. If your
community already has written procedures dealing with water emergencies we recommend that
you use these guidelines to review and update existing procedures and water supply protection
measures.
Federal Emergency Response Plan
Section 1433(b) of the Safe Drinking Water Act as amended by the Public Health Security and
Bioterrorism Preparedness and Response Act of 2002 (Public Law 107-188, Title IV—Drinking
Water Security and Safety) requires community water suppliers serving over 3,300 people to
prepare an Emergency Response Plan. Community water suppliers that have completed the
Federal Emergency Response Plan and submitted the required certification to the U.S.
Environmental Protection Agency have satisfied Part II, Sections A, B, and C of these
guidelines and need only provide the information below regarding the emergency response
plan and source water protection plan and complete Sections D (Allocation and Demand
Reduction Procedures), and E (Enforcement).
Provide the following information regarding your completed Federal Emergency Response Plan:
Emergency Response Plan Contact Person Contact Number
Emergency Response Lead Scott Neal— City Manager 952-949-8412
Alternate Emergency Response Lead Rick Wahlen—Manager Utility 952-949-8530
Operations
Emergency Response Plan Certification Date Prepared December 2004
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City of Eden Prairie
Water Emergency and Conservation Plan
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Operational Contingency Plan.An operational contingency plan that describes measures to be
taken for water supply mainline breaks and other common system failures as well as routine
maintenance is recommended for all utilities. Check here ® if the utility has an operational
contingency plan. At a minimum a contact list for contractors and supplies should be included in a
water emergency telephone list.
Note: An operational contingency plan is contained within the 2004 Emergency Response Plan.
Communities that have completed Federal Emergency Response Plans should skip to Section D.
EMERGENCY RESPONSE PROCEDURES
A. Emergency Telephone List. A telephone list of emergency contacts must be included as
Attachment D to the plan(complete template or use your own list). The list should include
key utility and community personnel, contacts in adjacent communities, and appropriate
local, state and federal emergency contacts. Please be sure to verify and update the contacts
on the emergency telephone list on a regular basis (once each year recommended). In the
case of a municipality, this information should be contained in a notification and warning
standard operating procedure maintained by the warning point for that community.
Responsibilities and services for each contact should be defined.
B. Current Water Sources and Service Area. Quick access to concise and detailed
information on water sources, water treatment, and the distribution system may be needed in
an emergency. System operation,water well and maintenance records should be maintained
in a central secured location so that the records are accessible for emergency purposes and
preventative maintenance. A detailed map of the system showing the treatment plants, water
sources, storage facilities, supply lines, interconnections, and other information that would be
useful in an emergency should also be readily available. Check here ® if these records and
maps exist and staff can access the documents in the event of an emergency.
C. Procedure for Augmenting Water Supplies. List all available sources of water that can be
used to augment or replace existing sources in an emergency. In the case of a municipality,
this information should be contained in a notification and warning standard operating
procedure maintained by the warning point for that community. Copies of cooperative
agreements should be maintained with your copy of the plan and include in Attachment E. Be sure to
include information on any physical or chemical problems that may limit interconnections to
other sources of water. Approvals from the MN Department of Health are required for
interconnections and reuse of water.
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City of Eden Prairie
Water Emergency and Conservation Plan
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TABLE 7 (A) Public Water Supply Systems
List interconnections with other public water supply systems that can supply water in an
emergency.
Two of the City's existing wells can pump directly into the distribution system in the event of an
emergency.
Water Supply System Capacity (GPM/MGD) Note any limitations on use
City of Minnetonka 1200 GPM via an 8"connection. Instability of mixed water, overflow
elevation differences
City of Edina 2,000 GPM to 4,000 GPM via a 12" Instability of mixed water
connection.
GPM—Gallons per Minute MGD—Million Gallons per Day
TABLE 7 (B) - Private Water Sources
List other sources of water available in an emergency.
Eden Prairie has no plans to provide interconnections with private water sources but may explore a connection
with Eton Corporation
Name Capacity (GPM/MGD) Note any limitations on use
n/a
D. Allocation and Demand Reduction Procedures. The plan must include procedures to
address gradual decreases in water supply as well as emergencies and the sudden loss of
water due to line breaks, power failures, sabotage, etc. During periods of limited water
supplies public water suppliers are required to allocate water based on the priorities
established in Minnesota Statutes 103G.261.
Water Use Priorities(Minnesota Statutes 103G.261)
First Priority. Domestic water supply,excluding industrial and commercial uses of municipal water supply,and use for power
production that meets contingency requirements.
NOTE: Domestic use is defined(MN Rules 6115.0630,Subp.9),as use for general household purposes for human needs
such as cooking,cleaning,drinking,washing,and waste disposal,and uses for on-farm livestock watering excluding
commercial livestock operations which use more than 10,000 gallons per day or one million gallons per year.
Second Priority. Water uses involving consumption of less than 10,000 gallons per day.
Third Priority. Agricultural irrigation and processing of agricultural products.
Fourth Priority. Power production in excess of the use provided for in the contingency plan under first priority.
Fifth Priority. Uses,other than agricultural irrigation,processing of agricultural products,and power production.
Sixth Priority. Non-essential uses. These uses are defined by Minnesota Statutes 103G.291 as lawn sprinkling,vehicle
washing,golf course and park irrigation,and other non-essential uses.
List the statutory water use priorities along with any local priorities (hospitals, nursing
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homes, etc.) in Table 8. Water used for human needs at hospitals, nursing homes and similar
types of facilities should be designated as a high priority to be maintained in an emergency.
Local allocation priorities will need to address water used for human needs at other types of
facilities such as hotels, office buildings, and manufacturing plants. The volume of water
and other types of water uses at these facilities must be carefully considered. After
reviewing the data, common sense should dictate local allocation priorities to protect
domestic requirements over certain types of economic needs. In Table 8, list the priority
ranking, average day demand and demand reduction potential for each customer category
(modify customer categories if necessary).
Table 8 Water Use Priorities
Customer Category Allocation Average Day Demand Reduction
Priority Demand (GPD) Potential(GPD)
Residential 1 5,435,100 9,223,500
Institutional 1 1,930,137 3,275,500
Consumption <10,000GPD 2 Not categorized
Agricultural Irrigation and Processing 3 Not categorized
Power Production 4 Not categorized
Other Uses 5 Not categorized
Non-essential 6 Not categorized
Un-metered 643,562 1,092,100
TOTALS 8,008,800 13,591,100
GPD—Gallons per Day
Demand Reduction Potential. The demand reduction potential for residential use will typically be the base
demand during the winter months when water use for non-essential uses such as lawn watering do not occur.The
difference between summer and winter demands typically defines the demand reduction that can be achieved by
eliminating non-essential uses.In extreme emergency situations lower priority water uses must be restricted or
eliminated to protect first priority domestic water requirements. Short-term demand reduction potential should be
based on average day demands for customer categories within each priority class.
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City of Eden Prairie
Water Emergency and Conservation Plan
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Triggers for Allocation and Demand Reduction Actions. Triggering levels must be defined
for implementing emergency responses, including supply augmentation, demand reduction, and
water allocation. Examples of triggers include: water demand>100% of storage, water level in
well(s)below a certain elevation, treatment capacity reduced 10% etc. Each trigger should have
a quantifiable indicator and actions can have multiple stages such as mild, moderate and severe
responses. Check each trigger below that is used for implementing emergency responses and for
each trigger indicate the actions to be taken at various levels or stages of severity in Table 9.
® Water Demand Water Main Break
• Treatment Capacity Loss of Production
• Storage Capacity Security Breach
Groundwater Levels Contamination
Surface Water Flows or Levels Other(list in Table 9)
Pump, Booster Station or Well Out of Service
7 Governor's Executive Order—Critical Water Deficiency (required by statute)
Note: The potential for water availability problems during the onset of a drought are almost impossible to predict. Significant
increases in demand should be balanced with preventative measures to conserve supplies in the event of prolonged drought
conditions.
Page 14
City of Eden Prairie
Water Emergency and Conservation Plan
3/30/2007
Table 9 Demand Reduction Procedures
Condition Trigger(s) Actions
Stage 1 Water demands are greater than 23,800,000 • Inform the public through the
(Mild) gallons per day, which is 85% of the plant newspaper that a trigger condition
operable capacity, in addition to the following: has been reached and users should
• less than one-half inch of precipitation reduce consumption by 10 percent.
over the previous seven days, • Enforce sprinkling restrictions early
• maximum air temperatures of on and remind public of the
approximately 80 degrees or higher;and sprinkling restrictions.
• continued dry and warm weather • Issue warnings for runoff due to
forecasted. over watering and for watering
Or the well field capacity is approximately paved surfaces.
equal to water demands in addition to above
weather conditions.
Stage 2 Stage 1 demand reduction measures have Inform the public through the
(Moderate) been implemented, but demands have not newspaper that a trigger condition
been reduced sufficiently. has been reached and users should
Water demands approaching plant operable reduce consumption by 20 percent.
capacity in addition to above weather • Extend sprinkling restrictions by up
conditions. to 3 hours on each end of the
Or well capacity is approximately equal to period, effectively reducing the
water demands in addition to above weather allowable time period.
conditions. • Meet in advance with industrial and
Or reservoir<50%full on 3 consecutive days. commercial customers to discuss
Or firm capacity of well field has declined modifying processes where
near plant design capacity; possible and increasing recycling.
Or water levels are within 25 feet of the
bottom of pump suction while all influencing
wells are in operation.
Or the Governor's Drought Task Force has
implemented drought response procedures.
Stage 3 Stage 2 demand reduction measures have • Request public to reduce
(Severe) been implemented, but demands have not consumption by 50%.
been reduced sufficiently. • Prohibit all outdoor water uses.
Water demands are greater than plant • Prohibit all uses involving
operable capacity in addition to above consumption in excess of 10,000
weather conditions. GPD.
Or demands are greater than operable • Require industrial and commercial
capacity of the supply, treatment, or uses to stop operations.
distribution facilities.
Or finished water storage reservoir water
levels are declining to less than 50 percent
full on 3 consecutive days. Adequate
treatment or pumping capacity is not
available to refill storage.
Or water demands exceed the firm capacity
of the wellfield.
Or the Governor has requested that water
demand reduction measures be imposed.
Critical Water Executive Order by Governor and as
Deficiency provided in above triggers
(M.S. 103G.291)
Page 15
City of Eden Prairie
Water Emergency and Conservation Plan
3/30/2007
Notification Procedures. List methods that will be used to inform customers regarding
conservation requests, water use restrictions, and suspensions. Customers should be aware of
emergency procedures and responses that they may need to implement.
Methods of notification include the press release to WCCO radio station and local newspapers, city
newsletters, the City website, and special mailings.
E. Enforcement. Minnesota Statutes require public water supply authorities to adopt and
enforce water conservation restrictions during periods of critical water shortages.
Public Water Supply Appropriation During Deficiency.
Minnesota Statutes 103G.291,Subdivision 1.
Declaration and conservation.
(a)If the governor determines and declares by executive order that there is a critical water deficiency,public water supply
authorities appropriating water must adopt and enforce water conservation restrictions within their jurisdiction that are
consistent with rules adopted by the commissioner.
(b)The restrictions must limit lawn sprinkling,vehicle washing,golf course and park irrigation,and other nonessential uses,
and have appropriate penalties for failure to comply with the restrictions.
An ordinance that has been adopted or a draft ordinance that can be quickly adopted to comply
with the critical water deficiency declaration must be included in the plan (include with other
ordinances in Attachment 7 for Part III, Item 4). Enforcement responsibilities and penalties for
non-compliance should be addressed in the critical water deficiency ordinance.
Sample regulations are available at www.dnr.state.mn.us/waters
Note: the City has an ordinance(Code Section 3.30)in place that pertains to water emergencies and demand
reduction measures. The ordinance allows the City Manager(or designee)to declare a water emergency and
implement demand reduction measures. A portion of the ordinance follows:
Whenever in the judgment of the City Manager, or his designee, the water pressure and available water in the
municipal water system reaches a level which endangers the public health or safety of residents and other
persons in the City, he may declare a state of water emergency which shall continue until such time as he
shall determine that the danger to public health or safety no longer exists. Forthwith upon the declaration of a
state of water emergency notice thereof shall be given to the news media, and all orders of the City Manager,
or his designee, issued pursuant thereto shall be enforced after one hour has elapsed from the time of such
notice.
During the existence of a state of water emergency the City Manager, or his designee, may, by order,impose
restrictions on sprinkling, irrigation or other utilization of water from the City's municipal water system
including, but not limited to: (1) total prohibition of watering, sprinkling, or irrigation of lawn, grass or turf
(hereinafter referred to as "irrigation') or(2)prohibition of irrigation on alternating days or during certain
hours. "Municipal water system"means City owned wells, pipes, storage, treatment and related facilities for
producing, storing and distributing water.
Failure to comply with restrictions or prohibitions imposed by the City Manager, or his designee,shall result in
a surcharge for water service for each day of violation in an amount determined by resolution of the City
Council which shall be added to the water bill for the premises on which such violation occurs. The City
Manager, or his designee, shall mail a Notice of Surcharge to the violator upon imposition of a surcharge.
Continued violations after receipt of the Notice of Surcharge shall be cause for discontinuance of water service
to such premises. Receipt of the Notice of Surcharge shall be presumed three (3) days after mailing by the
City Manager, or his designee.
Page 16
City of Eden Prairie
Water Emergency and Conservation Plan
3/30/2007
Unlawful Act. It is a petty misdemeanor for any person to violate any provision of this Subdivision.
Authority to Implement Water Emergency Responses. Emergency responses could be
delayed if city council or utility board actions are required. Standing authority for utility or city
managers to implement water restrictions can improve response times for dealing with
emergencies. Who has authority to implement water use restrictions in an emergency?
❑ Utility Manager M City Manager ❑ City Council or Utility Board
N Other(describe): Designee
Emergency Preparedness. If city or utility managers do not have standing authority to
implement water emergency responses, please indicate any intentions to delegate that authority.
Also indicate any other measures that are being considered to reduce delays for implementing
emergency responses.
The Utilities Section, with the assistance of other City departments during an emergency, is charged with
enforcement.
Page 17
City of Eden Prairie
Water Emergency and Conservation Plan
3/30/2007
PART III. WATER CONSERVATION PLAN
Water conservation programs are intended to reduce demand for water, improve the efficiency in
use and reduce losses and waste of water. Long-term conservation measures that improve overall
water use efficiencies can help reduce the need for short-term conservation measures. Water
conservation is an important part of water resource management and can also help utility
managers satisfy the ever-increasing demands being placed on water resources.
Minnesota Statutes 103G.291,requires public water suppliers to implement demand reduction measures before
seeking approvals to construct new wells or increases in authorized volumes of water.Minnesota Rules
6115.0770,require water users to employ the best available means and practices to promote the efficient use of
water.Conservation programs can be cost effective when compared to the generally higher costs of developing
new sources of supply or expanding water and/or wastewater treatment plant capacities.
A. Conservation Goals. The following section establishes goals for various measures of water
demand. The programs necessary to achieve the goals will be described in the following
section.
Unaccounted Water (calculate five year averages with data from Table 1)
Average annual volume unaccounted water for the last 5 years 200 MG
Average percent unaccounted water for the last 5 years 6.7 percent
AWWA recommends that unaccounted water not exceed 10%. Describe goals to reduce
unaccounted water if the average of the last 5 years exceeds 10%.
Much of the unaccounted water is a result of authorized use at the water treatment plant, public facilities
and City operations, such as fire fighting and distribution main flushing.
Residential Gallons Per Capita Demand (GPCD)
Average residential GPCD use for the last 5 years (use data from Table 93 GPCD
1)
In 2002, average residential GPCD use in the Twin Cities Metropolitan Area was 75 GPCD.
Describe goals to reduce residential demand if the average for the last 5 years exceeds 75 GPCD.
The City determined that reasons for high per capita use relate to irrigation. The City is more proactive
than ever in reviewing potential water conservation methods in order to reduce residential demand.
Potential methods include (but are not limited to) more watering restriction enforcement, contacting high
volume customers and offering home audits and conservation tips, and a continued extensive educational
campaign.
Total Per Capita Demand: From Table 1, is the trend in overall per capita demand over the past
10 years n increasing or N decreasing? If total GPCD is increasing, describe the goals to
lower overall per capita demand or explain the reasons for the increase.
The trend in total per capita demand has been decreasing slightly over the past 10 years. The average for
the last 5 years was 134 gallons/capita/day, compared to the 1996-2000 average of 141
gallons/capita/day.
Page 18
City of Eden Prairie
Water Emergency and Conservation Plan
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Peak Demands (calculate average ratio for last five years using data from Table 1)
Average maximum day to average day ratio 2.56
If peak demands exceed a ratio of 2.6, describe the goals for lowering peak demands.
The City is proactive in protecting the limit of 2.6.
B. Water Conservation Programs. Describe all short-term conservation measures that are
available for use in an emergency and long-term measures to improve water use efficiencies
for each of the six conservation program elements listed below. Short-term demand reduction
measures must be included in the emergency response procedures and must be in support of,
and part of, a community all-hazard emergency operation plan.
1. Metering. The American Water Works Association(AWWA) recommends that every
water utility meter all water taken into its system and all water distributed from its system
at its customer's point of service. An effective metering program relies upon periodic
performance testing, repair, repair and maintenance of all meters. AWWA also
recommends that utilities conduct regular water audits to ensure accountability.
Complete Table 10 (A)regarding the number and maintenance of customer meters.
1,872 of Eden Prairie's meters are an average 2.5 years old
8,648 meters are an average of 4 years old
8,648 meters are an average 15.5 years old
TABLE 10(A) Customer Meters
Number of Number of Meter testing Average age/meter
Connections Metered schedule (years) replacement schedule
Connections (years)
Residential 16,453 16,453 none See above /not specified
Institutional 0 0 none See above /not specified
Commercial 1,441 1,441 none See above /not specified
Industrial 2,634 2,634 none See above /not specified
Public Facilities 81 81 none See above /not specified
Fire & Irrigation 1,193 1,193 none See above /not specified
TOTALS 19,168 19,168
The City has recently adopted the use of utility owned and operated Automatic Meter Reading
(AMR) equipment, and has learned a great deal about the potential for enhancing conservation
through meter performance testing. The City is installing meters on all city owned facilities and will
selectively meter high use irrigation accounts on a short interval basis to identify over use. The City
is planning to check meter performance at least on a 10-year interval when AMR batteries need to be
replaced.
Page 19
City of Eden Prairie
Water Emergency and Conservation Plan
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Unmetered Systems. Provide an estimate of the cost to install meters and the projected water
savings from metering water use. Also indicate any plans to install meters.
All residential and ICI water customers served by the City are metered. Residential meters are read once
every three months. Larger commercial accounts are read every month using remote reading meters.
TABLE 10 (B) Water Source Meters
Number of Meters Meter testing Average age/meter
schedule (years) replacement schedule
(years)
Water Source 14 No Schedule 15
(wells/intakes)
Treatment Plant
2. Unaccounted Water. Water audits are intended to identify, quantify, and verify water
and revenue losses. The volume of unaccounted-for water should be evaluated each
billing cycle. The AWWA recommends a goal of ten percent or less for unaccounted-for
water. Water audit procedures are available from the AWWA and MN Rural Water
Association.
Frequency of water audits: ® each billing cycle n yearly n other:
Leak detection and survey: every year❑ every years ®periodic as needed
Year last leak detection survey completed:
Reducing Unaccounted Water. List potential sources and efforts being taken to reduce
unaccounted water. If unaccounted water exceeds 10% of total withdrawals, include the
timeframe for completing work to reduce unaccounted water to 10% or less.
The City implemented a leak detection program in 1994 in which all distribution water mains were to be
tested for leaks. Consequently, unaccounted water use was reduced to below 10%. Additionally, the City
performs localized leak detection surveys concurrent with water main repair and maintenance programs.
3. Conservation Water Rates. Plans must include the current rate structure for all
customers and provide information on any proposed rate changes. Discuss the basis for
current price levels and rates, including cost of service data, and the impact current rates
have on conservation.
Billing Frequency: ❑ Monthly ❑ Bimonthly ® Quarterly
n Other(describe):
Volume included in base rate or service charge: 4,000 gallons
Page 20
City of Eden Prairie
Water Emergency and Conservation Plan
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Conservation Rate Structures
n Increasing block rate: rate per unit increases as water use increases
❑ Seasonal rate: higher rates in summer to reduce peak demands
❑ Service charge or base fee that does not include a water volume
Conservation Neutral Rate Structure
❑ Uniform rate: rate per unit is the same regardless of volume
Non-conserving Rate Structures
Service charge or base fee that includes a large volume of water
Declining block rate: rate per unit decreases as water use increases
Flat rate: one fee regardless of how much water is used(unmetered)
Other (describe): A conservation surcharge line item appears on a citizen's water bill when they use
50%more water than their winter time use, or the City average, whichever is higher. The surcharge is
calculated at$1.00 per 1,000 gallons.
Water Rates Evaluated: ® every year ❑ every years ❑ no schedule
Date of last rate change:2007
The following rate changes will be occurring:
20 cents increase per thousand gallons in 2007.
10 cents increase per thousand gallons per year during the period 2008-2010.
Declining block(the more water used, the cheaper the rate) and flat(one fee for an unlimited
volume of water) rates should be phased out and replaced with conservation rates.
Incorporating a seasonal rate structure and the benefits of a monthly billing cycle should also
be considered along with the development of an emergency rate structure that could be
quickly implemented to encourage conservation in an emergency.
Current Water Rates. Include a copy of the actual rate structure in Attachment or list current
water rates including base/service fees and volume charges below.
Current Rate: $1.35 per 1,000 gallons
Subject to a minimum of 4,000 gallons per residential equivalent connection (REC)per quarter.
Each REC is billed$6.25 fixed charge for water and$6.25 fixed charge for sewer($12.50 per quarter).
Administrative Fee $40
Page 21
City of Eden Prairie
Water Emergency and Conservation Plan
3/30/2007
Non-conserving Rate Structures. Provide justification for the rate structure and its impact on
reducing demands or indicate intentions including the timeframe for adopting a conservation rate
structure.
The City Council enacted a Water Conservation Fee that imposes additional charges for higher water use,
in an effort to promote a higher awareness regarding the primary use of water in the summer. A
conservation surcharge line item appears on a citizen's water bill when they use 50% more water than
their winter time use, or the City average, whichever is higher. The surcharge is calculated at$1.00 per
1,000 gallons. There is a $100 cap on the quarterly surcharge. There is a one-year exemption from the
surcharge for newly installed lawns or landscaping.
4. Regulation. Plans should include regulations for short-term reductions in demand and
long-term improvements in water efficiencies. Sample regulations are available from
DNR Waters. Copies of adopted regulations or proposed restrictions should be included
in Attachment F of the plan. Indicate any of the items below that are required by local
regulations and also indicate if the requirement is applied each year or just in
emergencies.
® Time of Day:no watering between 12:00 am pf and 5:00 aini
(reduces evaporation) N year around n seasonal n emergency only
® Odd/Even: (helps reduce peak demand) ® year around ❑ seasonal ❑ emergency only
n Water waste prohibited(no runoff from irrigation systems)
Describe ordinance:
Limitations on turf areas for landscaping (reduces high water use turf areas)
Describe ordinance:
Soil preparation (such as 4"-6" of organic soil on new turf areas with sandy soil)
Describe ordinance:
n Tree ratios (plant one tree for every square feet to reduce turf evapotranspiration)
Describe ordinance:
❑ Prohibit irrigation of medians or areas less than 8 feet wide
Describe ordinance:
Permit required to fill swimming pool n every year n emergency only
n Other(describe):
State and Federal Regulations (mandated)
N Rainfall sensors on landscape irrigation systems. Minnesota Statute 103G.298 requires"All
automatically operated landscape irrigation systems shall have furnished and installed technology that
inhibits or interrupts operation of the landscape irrigation system during periods of sufficient
moisture. The technology must be adjustable either by the end user or the professional practitioner of
landscape irrigation services."
®Water Efficient Plumbing Fixtures. The 1992 Federal Energy Policy Act established
manufacturing standards for water efficient plumbing fixtures, including toilets,urinals, faucets, and
aerators.
Page 22
City of Eden Prairie
Water Emergency and Conservation Plan
3/30/2007
Enforcement. Are ordinances enforced? ® Yes ® No If yes, indicate how ordinances are
enforced along with any penalties for non-compliance.
Although rain/moisture sensors are required, they are currently not inspected.
Water efficient plumbing fixtures are inspected during final plumbing inspections. Non-compliance results in a
"failed"inspection.
Enforcement of time of day and odd/even irrigation restrictions are enforced year round. Fees for
violating the Water Use Restrictions are determined based on the number of water restriction violations
issued to the owner in the previous three years and are as follows:
First offense-$25
Second offense-$50
Third offense-$100
Fourth offense-$200
Each additional offense (five or more)-$300
5. Education and Information Programs. Customers should be provided information on how
to improve water use efficiencies a minimum of two times per year. Information should be
provided at appropriate times to address peak demands. Emergency notices and educational
materials on how to reduce water use should be available for quick distribution during an
emergency. If any of the methods listed in the table below are used to provide water
conservation tips, indicate the number of times that information is provided each year and attach
a list of education efforts used for the last three years.
Current Education Programs Times/Year
Billing inserts or tips printed on the actual bill As needed
Consumer Confidence Reports 1
Local news papers As needed
Community news letters 12
Direct mailings (water audit/retrofit kits, showerheads, brochures) As needed
Information at utility and public buildings Ongoing
Public Service Announcements _ As needed
Cable TV Programs As needed
Demonstration projects (landscaping or plumbing) Ongoing
K-12 Education programs (Project Wet, Drinking Water Institute) Ongoing
School presentations Ongoing
Events (children's water festivals, environmental fairs) 1
Community education Ongoing
Water Week promotions 1
Information provided to groups that tour the water treatment plant Ongoing
Website (include address: http://www.edenprairie.org) Ongoing
Targeted efforts (large volume users, users with large increases) Ongoing
Notices of ordinances (include tips with notices) As needed
Emergency conservation notices (recommended) As needed
Other:
List education efforts for the last three years in Attachment G of the plan.Be sure to indicate whether
Page 23
City of Eden Prairie
Water Emergency and Conservation Plan
3/30/2007
educational efforts are on-going and which efforts were initiated as an emergency or drought
management effort.
Proposed Education Programs. Describe any additional efforts planned to provide
conservation information to customers a minimum of twice per year(required if there are no
current efforts).
Eden Prairie's educational program is very extensive. No additional programs are proposed at this time.
A packet of conservation tips and information can be obtained by contacting DNR Waters or the
Minnesota Rural Water Association(MRWA).The American Water Works Association
(AWWA)www.awwa.org or www.waterwiser.org also has excellent materials on water
conservation that are available in a number of formats.You can contact the MRWA 800/367-
6792,the AWWA bookstore 800/926-7337 or DNR Waters 651/259-5703 for information
regarding educational materials and formats that are available.
6. Retrofitting Programs. Education and incentive programs aimed at replacing inefficient
plumbing fixtures and appliances can help reduce per capita water use as well as energy
costs. It is recommended that communities develop a long-term plan to retrofit public
buildings with water efficient plumbing fixtures and that the benefits of retrofitting be
included in public education programs. You may also want to contact local electric or gas
suppliers to see if they are interested in developing a showerhead distribution program for
customers in your service area.
A study by the AWWA Research Foundation(Residential End Uses of Water, 1999)found that the average
indoor water use for a non-conserving home is 69.3 gallons per capita per day(gpcd).The average indoor
water use in a conserving home is 45.2 gpcd and most of the decrease in water use is related to water efficient
plumbing fixtures and appliances that can reduce water,sewer and energy costs.In Minnesota,certain electric
and gas providers are required(Minnesota Statute 216B.241)to fund programs that will conserve energy
resources and some utilities have distributed water efficient showerheads to customers to help reduce energy
demands required to supply hot water.
Retrofitting Programs. Describe any education or incentive programs to encourage the
retrofitting of inefficient plumbing fixtures (toilets, showerheads, faucets, and aerators) or
appliances (washing machines).
The City of Eden Prairie offers residents a rebate for a portion of the purchase of more water-efficient
appliances or for replacing aging toilets (greater than 1.6 gallons in size). The rebate is $100 for washers
and dishwashers and$50 for toilets. All public buildings in Eden Prairie have water efficient plumbing
fixtures.
Page 24
City of Eden Prairie
Water Emergency and Conservation Plan
3/30/2007
Plan Approval. Water Emergency and Conservation Plans must be approved by the Department
of Natural Resources (DNR) every ten years. Please submit plans for approval to the following
address:
DNR Waters or Submit electronically to
Water Permit Programs Supervisor wateruse@dnr.state.mn.us.
500 Lafayette Road
St. Paul, MN 55155-4032
Adoption of Plan. All DNR plan approvals are contingent on the formal adoption of the plan by
the city council or utility board. Please submit a certificate of adoption (example available) or
other action adopting the plan.
Metropolitan Area communities are also required to submit these plans to the Metropolitan
Council. Please see PART IV. ITEMS FOR METROPOLITAN AREA PUBLIC SUPPLIERS.
PART IV. ITEMS FOR METROPOLITAN AREA PUBLIC SUPPLIERS
Minnesota Statute 473.859 requires water supply plans to be completed for all local units of
government in the seven-county Metropolitan Area as part of the local comprehensive planning
process. Much of the required information is contained in Parts I-III of these guidelines.
However, the following additional information is necessary to make the water supply plans
consistent with the Metropolitan Land Use Planning Act upon which local comprehensive plans
are based. Communities should use the information collected in the development of their plans
to evaluate whether or not their water supplies are being developed consistent with the Council's
Water Resources Management Policy Plan.
Policies. Provide a statement(s) on the principles that will dictate operation of the water supply
utility: for example, "It is the policy of the city to provide good quality water at an affordable
rate, while assuring this use does not have a long-term negative resource impact."
The following goals and policies govern the City of Eden Prairie water system:
1. Provide the City's residents and businesses with high quality and affordable potable water for daily
consumption and fire demand.
2. Provide a low-maintenance, cost-effective water system that meets the long-term needs of the City's
residents and businesses.
3. Provide adequate water pressure for all residents and businesses.
4. Protect the City's sustainable water supply through conservation by reducing the demand for water,
improving the efficiency of water use, and reducing loss and waste of water.
5. Protect the groundwater source from contamination by implementing the groundwater protection
program.
Page 25
City of Eden Prairie
Water Emergency and Conservation Plan
3/30/2007
Impact on the Local Comprehensive Plan. Identify the impact that the adoption of this water
supply plan has on the rest of the local comprehensive plan, including implications for future
growth of the community, economic impact on the community and changes to the
comprehensive plan that might result.
The data contained in this Water Emergency and Conservation Plan indicate that the following benchmarks
have been met:
• Unaccounted water is less than 10%,
• The maximum day to average day demand ratio of 2.6 is not exceeded.
The residential gallons per capita benchmark of 75 GPCD has been exceeded. The City determined that
reasons for high per capita use relate to irrigation. The City is more proactive than ever in reviewing potential
water conservation methods in order to reduce residential demand. Potential methods include (but are not
limited to)more watering restriction enforcement,contacting high volume customers and offering home audits
and conservation tips, and a continued extensive educational campaign.
Demand Projections
Year Total Population Average Day Maximum Projected
Community Served Demand Day Demand Demand
Population (MGD) (MGD) (MGY)
2010 63,277 63,277 8.9 26.6 3,249
2020 65,000 65,000 8.9 25 3,250
2030 65,000 65,000 8.9 25 3,250
Ultimate 65,000 65,000 8.9 25 3,250
Population projections should be consistent with those in the Metropolitan Council's 2030
Regional Development Framework or the Communities 2008 Comprehensive Plan update. If
population served differs from total population, explain in detail why the difference (i.e., service
to other communities, not complete service within community etc.).
Not applicable.
Page 26
City of Eden Prairie
Water Emergency and Conservation Plan
3/30/2007
PLAN SUBMITTAL AND REVIEW OF THE PLAN
The plan will be reviewed by the Council according to the sequence outlined in Minnesota
Statutes 473.175. Prior to submittal to the Council,the plan must be submitted to adjacent
governmental units for a 60-day review period. Following submittal, the Council determines
if the plan is complete for review within 15 days. If incomplete, the Council will notify the
community and request the necessary information. When complete the Council will complete its
review within 60 days or a mutually agreed upon extension. The community officially adopts
the plan after the Council provides its comments.
Plans can be submitted electronically to the Council; however, the review process will not begin
until the Council receives a paper copy of the materials. Electronic submissions can be via a
CD, 3 1/2" floppy disk or to the email address below. Metropolitan communities should submit
their plans to:
Reviews Coordinator electronically to:
Metropolitan Council watersupply@metc.state.mn.us
390 Robert St,
St. Paul, MN 55101
List of Attachments
A Water Well Record and Well Maintenance Information (attached to City's Plan only)
B Municipal Well Hydrograph
C CIP Plan
D Emergency Telephone List
E Cooperative Agreements
F Conservation Regulations
G Education Program
Page 27
Attachment A
Water Well Record and Well Maintenance Information
(attached to City's Plan only)
Attachment 2
Municipal Well Hydrograph
Groundwater Elevation Data
City of Eden Prairie
850
Winter Static Winter Static Winter Static Winter Static
Levels Levels Levels Levels
800 -
' ' P .-44---,, ' \ 1:---:-.-:-..---- V ,,----,--- ___.... _:.
' .'7 —Iq
r. \A1 i 1
474\,'<cr.11' i Vi.
\li j '
C \iP
I
> I
w 700 + �i
Summer Pumping 'i Ir
Summer Pumping Levels i it
Levels Y
Summer Pumping
Levels
650 Summer Pumping
Levels
600 - - I I I I I I -I
Jul-02 Dec-02 Jun-03 Dec-03 Jun-04 Dec-04 Jun-05 Dec-05 Jun-06 Dec-06
Date
t Well 02 t Well 03 Well 04 Well 05 —x—Well 06 —0—Well 07 Well 08 —Well 09 Well 10
Well 11 Well 12 Well 13 Well 14
Attachment C
Capital Impro vemen t
Eden Prairie 26 SEP 2006
Utility System Capital Improvement Projects
DESCRIPTION 1ST YEAR 2ND YEAR 3RD YEAR 4TH YEAR 5TH YEAR
WELL 13 ADDITIONAL DEVELOPMENT 60,000 150,000
REPLACE SLUDGE PRESS PIPING 75,000
WATER TOWER CONTROL VALVES 50,000 50,000 50,000
WATER TOWER SCADA MODIFICATIONS 15,000 20,000
WELL 16 CONSTRUCTION & ENGINEERING 200,000 275,000
REPLACE FLOW METERING SYSTEMS IN THE WTP 100,000 100,000 75,000
HYDRAULIC MODEL OF DIST SYSTEM50,0Q,dIL 50,000 10,000
WASHINGTON LIFT STATION REMOVE & REPLACE 360,000
'LIFT STATION SCADA RE 37,000 111111,000 �000
WATER TREATMENT PROCESS CONTROL INSTALLATION 100,000 50,000 30,000 25,000 25,000
FILTER ISOLATION VAL 80,000
INSTALL LIQUID FLUORIDE FEED SYSTEM 80,000
INSTALL LIQUID POLYPHOSPHAMD SYSTEM IIIIP 65,000
TOTAL $1,272,000 $732,000 $202,000 $62,000 $62,000 $2,330,000
Attachment 0
Emergency Telephone List
City of Eden Prairie
Water Emergency and Conservation Plan
Emergency Telephone List
Emergency Response Name Work Telephone Email/Alternate Telephone
Team
Emergency Response Lead Scott Neal 952-949-8412 sneal@edenprairie.org
Alternate Emergency Gene Dietz 952-949-8310 gdietz@edenprairie.org
Response Lead
Water Operator Rick Wahlen 952-294-5908 rwahlen@edenprairie.org
Alternate Water Operator Steve Pitkanen 952-294-5902 spitkanen@edenprairie.org
Public Communications Pat Brink 952-949-8526 pbrink@edenprairie.org
Joyce Lorenz 952-949-8554 jlorenz@enenprairie.org
State and Local Name Work Telephone Email/Alternate Telephone
Emergency Response
Contacts
State Incident Duty Officer Minnesota Duty Officer 800-422-0798 Out 651-649-5451 Metro
State
County Emergency Director Rich Stanek 612-348-3744 sheriff@co.hennepin.mn.us
National Guard Minnesota Duty Officer 800-422-0798 Out 651-649-5451 Metro
State
Mayor/Board Chair Phil Young 952-937-1898 pyoung@edenprairie.org
Fire Chief George Esbensen 952-949-8336 gesbensen@edenprairie.org
Sheriff Rich Stanek 612-348-3744 sheriff@co.hennepin.mn.us
Police Chief Rob Reynolds 952-949-6205 reynolds@edenprairie.org
Ambulance 911
Hospital 911
Doctor or Medical Facility 911
State and Local Agencies Name Work Telephone Email/Alternate Telephone
MDH District Engineer Isaac Bradlich 651-643-2102 isaac.bradlich@state.mn.us
' MDH Drinking Water Protection 651-201-4700
State Testing Laboratory Minnesota Duty Officer 651-649-5451 Metro 800-422-0798 Outstate
MPCA 651-296-6300
DNR Area Hydrologist Central Region 3 651-772-7910
County Water Planner 612-348-3777
Page 1 of 3
City of Eden Prairie
Water Emergency and Conservation Plan
Emergency Telephone List
Utilities Name Work Telephone Email/Alternate Telephone
Electric Company Xcel Energy 800-895-4999
Electric Company Minnesota Valley Electric 952-492-2313
Cooperative
Gas Company CenterPoint Energy 612-372-4727
Telephone Company Qwest Communications 800-244-1111
Gopher State One Call Utility Locations 800-252-1166 651-454-0002
Highway Department MNDOT 651-296-3000
Mutual Aid Agreements Name Work Telephone , Email/Alternate Telephone
Neighboring Water System
Emergency Water City of Minnetonka— 952-988.8410 jmalone@eminnetonka.com
Connection Jim Malone
City of Edina— 952-826-0311
Roger Glanzer
Materials
Technical/Contracted Name Work Telephone Email/Alternate Telephone
Services/Supplies
MRWA Technical Services MN Rural Water 800-367-6792
Association
Well Driller/Repair
Consulting Firm _ St. Croix Environmental 715-381-5701 kmiller@stcroixenv.com
Pump Repair
Electrician Prairie Electric 952-949-0074
' Plumber
Backhoe
Chemical Feed
Meter Repair
Generator
Valves
Pipe&Fittings
Water Storage
Laboratory
Engineering firm Advanced Engineering 763-463-5086
Communications I Name Work Telephone Email/Alternate Telephone
News Paper Minneapolis Star Tribune 612-673-4000 _ None
News Paper St. Paul Pioneer Press 651-222-1111 None
Radio Station WCCO-830 AM 612-370-0611 None
Radio Station KQRS-92.5 FM 612-617-4000 None
Radio Station MN Radio Network 612-321-7200 None
Television WCCO-Channel 4 612-339-4444 None
Television KSTP-Channel 5 612-588-6397 None
Television KARE-Channel 11 763-546-1111 None
School Superintendent Melissa Krull 952-975-7011 mkrull@edenpr.org
Property&Casualty League of Minnesota 651-281-1200 1-800-925-1122
Insurance Cities Insurance Trust
Page 2 of 3
City of Eden Prairie
Water Emergency and Conservation Plan
Emergency Telephone List
Critical Water Users I Name Address Telephone
Hospital
Nursing Home Alterra 7513 Mitchell Rd. 952-906-3800
Nursing Home Castle Ridge 625 Prairie Center Dr. 952-944-8982
Nursing Home Elim Shores 7900 Timber Lake Dr. 952-934-3005
Nursing Home , Pioneer Estates 8751 Preserve Blvd. 952-914-0934
Nursing Home Summit Place 8501 Flying Cloud Dr. 952-951-0000
Nursing Home The Colony 431 Prairie Center Dr. 952-828-9500
Nursing Home Volunteers of America 7530 Market Place 952-941-0305
Nursing Home Alterra Clare Bridge 7513 Mitchell Rd. 952-906-3800
Nursing Home Prairie Adult Care 16200 Berger Drive 952-949-3126
Nursing Home Real Life Valley View 10785 Valley View Rd 952-943-9463
Dialysis Davita 14852 Scenic Heights 952-934-2411
Rd.#225
Public Shelter
Page 3 of 3
Attachment E
Cooperative Agreements
Attachment F
Conservation Regulations
CHAPTER 3
MUNICIPAL AND PUBLIC UTILITIES-
RULES AND REGULATIONS,RATES,
CHARGES AND COLLECTIONS
SECTION 3.01. DEFINITIONS.
As used in this Chapter,the following words and terms shall have the meanings stated:
Subd. 1. "Utility"means all utility services,whether the same be public City-owned facilities or furnished by public
utility companies.
Subd. 2. "Municipal utility"means any City-owned utility system,including,but not by way of limitation,water and
sewerage service.
Subd. 3. "Public utility"means any non-public owned utility system,including,but not by way of limitation,electric,
gas and telephone service and also Cable TV service.
Subd. 4. "Company"and"grantee"mean any public utility system.
Subd. 5. "Consumer" and"customer"mean any user of a utility.
Subd. 6. "Service"means providing a particular utility to a customer or consumer.
Subd. 7. "Franchise"means special rights or privilege by formal agreement granted by the City to a public utility to
provide utility services.
SECTION 3.02. FIXING RATES AND CHARGES FOR MUNICIPAL UTILITIES.
Subd. 1. Adoption of Rates and Charges. All rates and charges for municipal utilities,including,but not by way of
limitation, rates for service, permit fees, connection and meter reading fees, disconnection fees, reconnection fees
including penalties for non-payment if any, shall be fixed, determined and amended by the Council and adopted by
resolution. Such resolution,containing the effective date thereof,shall be kept on file and open to inspection in the office
of the City Clerk and shall be uniformly enforced. Such rates for industrial users shall be consistent with Subdivision 2
of this Section.
Source: City Code
Effective Date: 9-17-82
Subd. 2. Industrial Users Strength Charge.
A. Recitals. The Metropolitan Waste Control Commission,a metropolitan commission organized and existing
under the laws of the State of Minnesota (the "Commission"), in order to receive and retain grants in
compliance with the Federal Water Pollution Control Act Amendments of 1972 and regulations thereunder(the
"Act"), has determined to impose an industrial user sewer strength charge upon users of the Metropolitan
Disposal System (as defined in Minnesota Statutes, 1990, Section 473.121, Subdivision 24) to recover
operations and maintenance costs of treatment works attributable to the strength of the discharge of industrial
waste,such sewer strength charge being in addition to the charge based upon the volume of discharge. In order
for the City to pay such costs based upon the strength of industrial discharge and allocated to it each year by the
Commission,it is hereby found,determined and declared to be necessary to establish sewer strength charges
and a formula for the computation thereof for all industrial users receiving waste treatment services within or
served by the City. Furthermore,Minnesota Statutes, 1990,Section 444.075,Subdivision 3,empowers the City
to make such sewer charge a charge against the owner, lessee, occupant or all of them and certify unpaid
charges to the County Auditor as a tax lien against the property served.
B. Establishment of Strength Charges. For the purpose of paying the costs allocated to the City each year by the
Commission that are based upon the strength of discharge of all industrial users receiving waste treatment
services within or served by the City,there is hereby approved,adopted and established,in addition to the sewer
charge based upon the volume of discharge,a sewer charge upon each company or corporation receiving waste
treatment services within or served by the City,based upon strength of industrial waste discharged into the
sewer system of the City(the"Strength Charge").
C. Establishment of Strength Charge Formula. For the purpose of computation of the Strength Charge established
by Subparagraph B of this Subdivision,there is hereby established,approved and adopted in compliance with
the Act the same strength charge formula designated in Resolution No.76-172 adopted by the governing body
of the Commission on June 15, 1976, such formula being based upon pollution qualities and difficulty of
disposal of the sewage produced through an evaluation of pollution qualities and quantities in excess of an
annual average base and the proportionate costs of operation and maintenance of waste treatment services
provided by the Commission.
D. Strength Charge Payment. It is hereby approved,adopted and established that the Strength Charge established
by Subparagraph B of this Subdivision shall be paid by each industrial user receiving waste treatment services
and subject thereto before the twentieth(20th)day next succeeding the date of billing thereof to such user by or
on behalf of the City,and such payment thereof shall be deemed to be delinquent if not so paid to the billing
entity before such date. Furthermore,it is hereby established,approved and adopted that if such payment is not
paid before such date an industrial user shall pay interest compounded monthly at the rate of two-thirds of one
percent per month on the unpaid balance due.
E. Establishment of Tax Lien. As provided by Minnesota Statutes, 1990, Section 444.075, Subdivision 3, it is
hereby approved,adopted an established that if payment of the Strength Charge established by Subparagraph B
hereof is not paid before the sixtieth(60th)day next succeeding the date of billing thereof to the industrial user
by or on behalf of the City,said delinquent sewer strength charge,plus accrued interest established pursuant to
Subparagraph D hereof,shall be deemed to be a charge against the owner,lessee and occupant of the property
served;and the City or its agent shall certify such unpaid delinquent balance to the County Auditor with taxes
against the property served for collection as other taxes are collected provided,however,that such certification
shall not preclude the City or its agent from recovery of such delinquent sewer strength charge and interest
thereon under any other available remedy.
F. Metropolitan Waste Control Commission Resolution No. 76-172.
WHEREAS the Metropolitan Waste Control Commission did,on April 21, 1976,hold a public hearing on the
Commission's proposed Strength Charge System with the designated Hearing Officer;and,
WHEREAS such Public Hearing was held in the Metropolitan Council Chambers after due notice of such
hearing was properly mailed and/or distributed to pertinent concerned parties and to the users of the system
whose waste strength discharges exceeded the metropolitan disposal system average;and,
WHEREAS the Metropolitan Waste Control Commission has now in hand the Public Hearing Officer's"Report
on the Evidence Adhered at the Public Hearing," inclusive of specific findings and recommendations;now,
therefore,BE IT RESOLVED That the Metropolitan Waste Control Commission hereby approved the Public
Hearing Officer's report and findings and adopts the following:
1. The Metropolitan Waste Control Commission Strength Charge System as recommended by the
Hearing Officer and determined annually by application of(a) plant unit process evaluations, (b)
current quality control data, and (c) current budgeted operation and maintenance costs for the
treatment facilities.
2. The basic Strength Charge System formula as follows:
(a)Strength Charge Formula:
SCF=SR( Rss (SS—SS(,) + codR (CODo—COD)
SS{, COD°
Where:
SCF = Strength Charge Factor
SR = Strength Phase Ratio(Strength costs to system costs for administrative
and 0&M of treatment works)
SCF = Strength Charge Factor
SR = Strength Phase Ratio(Strength costs to system costs for administrative
and 0&M of treatment works)
Rss = Suspended Solids Cost Ratio
RCOD = Chemical Oxygen Demand Cost Ratio
SS = Suspended Solids Concentration of Discharge(SS>SS°)
SS° = Suspended Solids Concentration of Base
COD = Chemical Oxygen Demand Concentration of Discharge(COD)
COD° = Chemical Oxygen Demand Concentration of Base
(b)Strength Charge: SC= (SCF)(V)(TW)
Where:
SC = Strength Charge
CF = Strength Charge Factor
V = Volume of Discharge
TW = Treatment Works Unit Cost
Source: City Code
Effective Date: 9-17-82
SECTION 3.03. FIXING RATES AND CHARGES FOR PUBLIC UTILITIES.
All rates and charges for public utilities not regulated by an agency of the State shall be fixed and determined by the
Council and adopted by resolution. Upon adoption such rates and charges shall become provisions of this Chapter.
Public utility company rates and charges may be fixed and determined in compliance with this Section,as follows:
Source: Ordinance No. 65-84
Effective Date: 4-5-84
Subd. 1. No rate or charge involving an increase thereof shall become effective until approved by the Council. To
request such increase the public utility shall prepare its written petition setting forth the then current and proposed rates
and charges,the effective date of the proposed increases(which may not be within ninety(90)days of filing the petition),
and the reason or reasons necessitating the proposed increase or increases. Such petition shall be filed with the Council
by serving the same upon the City Clerk in person or by certified mail,return receipt requested.
Subd. 2. Within thirty(30)days of such filing the Council shall adopt a resolution and serve the same upon the resident
superintendent of the public utility in like manner as the petition may be served either approving the proposed increases
or ordering a hearing thereon to be held within sixty(60)days thereof. If no such action is taken by the Council,such
increase or increases shall take effect on the date stated in the public utility's petition as though approved by the Council.
Subd. 3. Prior to the hearing date,the public utility shall,without delay,comply with the City's reasonable requests for
examination and copying of all books,records,documents and other information relating to the subject matter of the
petition. Should the public utility unreasonably delay, fail or refuse such requests, the same shall be grounds for a
continuance of the hearing date.
Subd. 4. Notice of hearing shall be in the form and manner stated in the resolution. At the hearing all persons wishing
to be heard thereon shall be afforded a reasonable opportunity. Findings and a decision shall be made by the Council
within fifteen(15)days after the hearing and served upon the public utility.
SECTION 3.04. CONTRACTUAL CONTENTS.
Provisions of this Chapter relating to municipal utilities shall constitute portions of the contract between the City and all
consumers of municipal utility services,and every such consumer shall be deemed to assent to the same. All contracts
between public utilities and consumers of utility services other than municipal shall be in strict accord with the provisions
of this Chapter.
SECTION 3.05. RULES AND REGULATIONS RELATING TO MUNICIPAL UTILITIES.
Subd. 1. Billing,Payment and Delinquency. All municipal utilities shall be billed monthly or quarterly and a utilities
statement or statements shall be mailed to each consumer. All charges shall be delinquent if they are unpaid within
twenty(20)days after the date of mailing of the statement to the customer. If service is suspended due to delinquency,it
shall not be restored at that location until a reconnection charge has been paid for each utility reconnected in addition to
amounts owed for service and penalties.
Subd. 2. Application,Connection and Sale of Service. Application for municipal utility services shall be made upon
forms supplied by the City and strictly in accordance therewith. No connection shall be made until consent has been
received from the City to make the same. All municipal utilities shall be sold and delivered to consumers under the then
applicable rate applied to the amount of such utilities taken as metered or ascertained in connection with such rates.
Subd. 3. Discontinuance of Service. All municipal utilities may be shut off or discontinued whenever it is found that:
A. The owner or occupant of the premises served or any person working on any connection with the municipal
utility systems has violated any requirement of the City Code relative thereto,or any connection therewith,or,
B. Any charge for a municipal utility service or any other financial obligation imposed on the present owner or
occupant of the premises served is unpaid after due notice thereof,or,
C. There is fraud or misrepresentation by the owner or occupant in connection with any application for service or
delivery or charges therefor.
D. The owner or occupant of the premises served by the City's municipal water service fails(a)within 10 days
after written request by the City to the owner or occupant,to provide a time,within 30 days of the written
request, to permit entry into the premises by the City, its employees or contractors, during normal working
hours, for the purpose of repairing, replacing, modifying or equipping the premises water meter or the
equipment for the reading of the meter,or(b)to permit entry into the premises by the City,its employees or
contractors to repair,replace,modify or equip the water meter or the equipment for the reading of the meter at
and during the time provided.
Ordinance No. 19-2006
Effective Date: 8-10-06
Subd. 4. Ownership of Municipal Utilities. Ownership of all municipal utilities,plants,lines,mains,extensions and
appurtenances thereto shall be and remain in the City; and no person shall own any part or portion thereof provided,
however, that private facilities and appurtenances constructed on private property are not intended to be included in
municipal ownership.
Subd. 5. Right of Entry. The City has the right to enter in and upon private property,including buildings and dwelling
houses, in or upon which is installed a municipal utility, or connection therewith, at all times reasonable under the
circumstances,for the purpose of reading utility meters,for the purpose of inspection and repair of meters or a utility
system,or any part thereof,and for the purpose of connecting and disconnecting service.
Subd. 6. Meter Accuracy. All water utilities service shall be supplied through a meter which shall accurately measure
the amount thereof supplied to any consumer. The consumer shall supply a safe and proper place for the installation of
such meters. Meters shall be tested for accuracy by the City upon the request of any consumer who believes his meter to
be inaccurate. If,upon test,it appears that such meter overruns to the extent of 3%or more,the City shall pay the cost of
such tests and shall make a refund for overcharges collected since the last known date of accuracy but for not longer than
six(6)months,on the basis of the extent of the inaccuracy found to exist at the time of the tests. If,upon test,it appears
that such meter is slow to the extent of 3%or more,the consumer shall pay for undercharges since the last known date of
accuracy but for not longer than six(6)months on the basis of the extent of the inaccuracy found to exist at the time of
the test. If,when any meter is tested upon the demand of a consumer,it is found to be accurate or slow or less than 3%
fast,the consumer shall pay the reasonable cost of such testing.
Subd. 7. Unlawful Acts.
A. It is unlawful for any person to willfully or carelessly break,injure,mar,deface,disturb,or in any way interfere
with any buildings,attachments,machinery,apparatus,equipment,fixture,or appurtenance of any municipal
utility or municipal utility system, or commit any act tending to obstruct or impair the use of any municipal
utility.
B. It is unlawful for any person to make any connection with,opening into,use,or alter in any way any municipal
utility system without first having applied for and received written permission to do so from the City.
C. It is unlawful for any person to turn on or connect a utility when the same has been turned off or disconnected
by the City for non-payment of a bill,or for any other reason,without first having obtained a permit to do so
from the City.
D. It is unlawful for any person to"jumper"or by any means or device fully or partially circumvent a municipal
utility meter,or to knowingly use or consume unmetered utilities or use the services of any utility system,the
use of which the proper billing authorities have no knowledge.
Subd. 8. Municipal Utility Services and Charges a Lien.
A. Payment for service and charges provided for herein shall be the primary responsibility of the owner of the
premises served and shall be billed to the owner unless otherwise authorized in writing by the tenant and owner
and consented to by the City of Eden Prairie,Minnesota. The City may collect the same in a civil action or,in
the alternative and at the option of the City,as otherwise provided in this Subdivision.
Source: City Code
Effective Date: 9-17-82
B. Each such charge is hereby made a lien upon the premises served. If a charge in excess of$40.00 is past due
for more than thirty(30)days on September 30 of any year,or any other date determined by the City Clerk,the
total amount past due shall be certified by the City Clerk to the County Auditor prior to the October 25
occurring thereafter and the City Clerk in certifying such charges to the County Auditor shall specify the
amount thereof and the description of the premises served. The amount so certified shall be extended by the
Auditor on the tax rolls against such premises in the same manner as other taxes,and collected by the County
Treasurer,and paid to the City along with other taxes.
Source: Ordinance No.21-89
Effective Date: 8-17-89
SECTION 3.06. CONNECTION OR TAPPING PROHIBITED - DELINQUENT ASSESSMENTS OR
CHARGES.
No permit shall be granted to tap or connect with sewer or water mains when any assessment or connection charge for
such sewer or water main against the property to be connected is in default or delinquent. If such assessment or
connection charges are payable in installments,no permit shall be granted unless all installments then due and payable
have been paid.
SECTION 3.07. CONNECTION TO WATER AND SEWER SERVICES.
Subd. 1. Certificate Required. Pursuant to the authority conferred by Minnesota Statutes 444.075,1990,in addition to
all other charges for tapping into or connecting with the municipal sanitary sewer system or the municipal water system,
including inspection of connection,street opening fees and permit fees heretofore established by City Code provisions or
resolution,no connection permit shall be issued,nor shall any tap or other connection be installed,or made,with or into
any municipal sanitary sewer or municipal water system of the City,either directly or indirectly,from any lot or tract of
land unless the City Clerk shall have certified as follows:
A. That the lot or tract of land to be served has been assessed for the cost of construction of the main with which
the connection is made,but this shall not include lots or tracts assessed under Subdivision 5 hereof;
B. If no assessment has been levied for such construction cost that proceedings for the levying of such assessment
have been or will be commenced in due course,but this shall not include lots or tracts to be assessed under
Subdivision hereof;or,
C. That the cost of construction for the main has been paid by the developer or builder platting the lot or tract of
land, but this shall not include lots or tracts served by the main which were not a part of that plat or tract
developed.
Subd. 2. Additional Connection Charges. If none of the above conditions can be certified by the City Clerk, no
permit to tap or make connection to any sanitary sewer or water main shall be issued unless the applicant shall pay an
additional connection fee. Such additional connection fee shall be charged for sanitary sewer and water main made
available by agreement with other municipalities,counties or private corporations or individuals,as well as those owned
and operated by the City itself. The additional connection fee shall be equal to the average assessment levied against like
kind property for a similar public improvement constructed and installed by the City provided,however,for a connection
to a residential property,the connection fee shall be equal to the average assessment levied against residential parcels of
one-half acre or less. The average assessment shall be determined by taking the total assessment for a similar public
improvement and dividing that total by the total number of properties assessed,such determination having regard for
construction costs current on the date of such determination. Whenever more than one(1)tap or other connection is
requested for service to any lot or tract or whenever any tap or connection is requested for a lot or tract which has
previously been part of a lot or tract for which a connection charge has already been imposed pursuant to this
Subdivision,an additional charge shall be imposed for each tap or connection requested.
Subd. 3. Separate Fund. Any sum collected and received by the City under Subdivision 2 shall be placed in a separate
fund and shall be used first to pay the normal,reasonable and current costs of operating and maintaining the municipal
sanitary sewer and municipal water system. Net revenues from time to time received in excess of such costs may be used
as otherwise provided for by law.
Subd. 4. Notice and Hearing. Before the City Manager or his designate makes a final determination of the additional
connection fee under Subdivision 2,he shall cause a written notice to be sent to the property owner affected stating the
amount of the proposed connection fee and the basis of its calculation. The notice shall also state that the owner may,
within ten(10)days of receipt of the notice,demand a hearing on the matter. If the owner requests a hearing within that
time,a hearing shall be held on the matter by the Council within a reasonable time after the date on which the request is
made. The notice shall further state that the owner may request that the charges be levied as an assessment against the lot
or tract to be served and an application for such request shall be provided with the notice. The application shall be made
within ten(10)days of receipt of the notice referred to above if no hearing is requested,or if a hearing is requested within
ten(10) days following the hearing. If as a result of the hearing,the Council finds that the proposed connection fee
complies with the requirements of Subdivision 2,it shall so determine. If it determines that the proposed fee is in excess
of an amount that would have been assessed had the property been assessed,it shall make a determination of the proper
amount of the fee with the limits specified in Subdivision 2. No connection shall be made without payment of the
connection fee unless the fee is to be assessed pursuant to Subdivision 5.
Subd. 5. Assessments. Upon application by the owner waiving his right to notice,hearing and appeal,the Council may
cause the connection fee to be levied as an assessment against the lot or tract to be served under the procedure authorized
by law with reference to other assessments for benefits of local improvements.
Subd. 6. Liability for Charge and Certification to County Auditor. All additional connection fees imposed pursuant
to this Section,including those assessed pursuant to Subdivision 5,shall be a charge against the owner of the lot or tract
of land to be served. The Deputy City Clerk shall certify all unpaid charges to the County Auditor with taxes against the
lot or tract to be served for collection as other taxes are collected.
Source: Ordinance No. 18-83
Effective Date: 6-17-83
(Sections 3.08 through 3.29,inclusive,reserved for future expansion.)
SECTION 3.30. RULES AND REGULATIONS RELATING TO WATER SERVICE.
Subd. 1. Deficiency of Water and Shutting Off Water. The City is not liable for any deficiency or failure in the
supply of water to customers whether occasioned by shutting the water off for the purpose of making repairs or
connections or by any other cause whatever. In case of fire,or alarm of fire,water may be shut off to ensure a supply for
fire fighting. In making repairs or construction of new works,water may be shut off at any time and kept off so long as
may be necessary.
Subd. 2. Repair of Leaks. It is the responsibility of the consumer or owner to maintain the service pipe from the curb
stop into the house or other building. In case of failure upon the part of any consumer or owner to repair any leak
occurring in his service pipe within twenty-four(24) hours after oral or written notice has been given the owner or
occupant of the premises,the water may be shut off and will not be turned on until a reconnection charge has been paid
and the water service has been repaired. When the waste of water is great or when damage is likely to result from the
leak,the water will be turned off if the repair is not proceeded with immediately.
Subd. 3. Abandoned Services Penalties. All service installations connected to the water system that have been
abandoned or,for any reason,have become useless for further service shall be disconnected at the main. The owner of
the premises,served by this service,shall pay the cost of the excavation. The City shall perform the actual disconnection
and all pipe and appurtenances removed from the street right-of-way shall become the property of the City. When new
buildings are erected on the site of old ones and it is desired to increase the old water service,a new permit shall be taken
out and the regular tapping charge shall be made as if this were a new service. It is unlawful for any person to cause or
allow any service pipe to be hammered or squeezed together at the ends to stop the flow of water or to save expense in
improperly removing such pipe from the main. Also,such improper disposition thereof shall be corrected by the City and
the cost incurred shall be borne by the person causing or allowing such work to be performed.
Subd. 4. Service Pipes. Every service pipe must be laid in such manner as to prevent rupture by settlement. The
service pipe shall be placed not less than eight(8)feet below the surface in all cases so arranged as to prevent rupture and
stoppage by freezing. Frozen service pipes between the curb stop and the building shall be the responsibility of the
owner. Service pipes must extend from the curb stops to the inside of the building;or if not taken into a building then to
the hydrant or other fixtures which they are intended to supply. A valve the same size as the service pipe shall be placed
close to the inside wall of the building,ahead of the meter and well protected from freezing. Joints on copper tubing
shall be flared and kept to a minimum. Not more than one(1)joint shall be used for a service up to seventy(70)feet in
length. All joints shall be left uncovered until inspected. Minimum size connection with the water mains shall be one(1)
inch in diameter.
Subd. 5. Private Water Supplies. No water pipe of the City water system shall be connected with any pump,well,
pipe,tank or any device that is connected with any other source of water supply;and when such are found,the City shall
notify the owner or occupant to disconnect the same and, if not immediately done,the City water shall be turned off
Before any new connections to the City system are permitted,the City shall ascertain that no cross-connections will exist
when the new connection is made. When a building is connected to"City Water,"the private water supply may be used
only for such purposes as the City may allow.
Subd. 6. Water Emergencies.
A. Whenever in the judgment of the City Manager,or his designee,the water pressure and available water in the
municipal water system reaches a level which endangers the public health or safety of residents and other
persons in the City,he may declare a state of water emergency which shall continue until such time as he shall
determine that the danger to public health or safety no longer exists. Forthwith upon the declaration of a state
of water emergency notice thereof shall be given to the news media, and all orders of the City Manager,or his
designee,issued pursuant thereto shall be enforced after one hour has elapsed from the time of such notice.
B. During the existence of a state of water emergency the City Manager,or his designee,may,by order,impose
restrictions on sprinkling, irrigation or other utilization of water from the City's municipal water system
including,but not limited to: (1)total prohibition of watering, sprinkling,or irrigation of lawn,grass or turf
(hereinafter referred to as "irrigation") or(2)prohibition of irrigation on alternating days or during certain
hours.
C. "Municipal water system" means City owned wells, pipes, storage, treatment and related facilities for
producing,storing and distributing water.
D. Failure to comply with restrictions or prohibitions imposed by the City Manager,or his designee,shall result in
a surcharge for water service for each day of violation in an amount determined by resolution of the City
Council which shall be added to the water bill for the premises on which such violation occurs. The City
Manager, or his designee, shall mail a Notice of Surcharge to the violator upon imposition of a surcharge.
Continued violations after receipt of the Notice of Surcharge shall be cause for discontinuance of water service
to such premises. Receipt of the Notice of Surcharge shall be presumed three(3)days after mailing by the City
Manager,or his designee.
E. Unlawful Act. It is a petty misdemeanor for any person to violate any provision of this Subdivision.
Source: Ordinance No.23-2001
Effective Date: 7-19-01
Subd. 7. Private Fire Hose Connections. Owners of structures with self-contained fire protection systems may apply
for and obtain permission to connect the street mains with hydrants,large pipes,and hose couplings,for use in case of
fire only,at their own installation expense and at such rates as the Council may adopt by resolution as herein provided.
Subd. 8. Opening Hydrants. It is unlawful for any person,other than members of the Fire Department or other person
duly authorized by the City,in pursuance of lawful purpose,to open any fire hydrant or attempt to draw water from the
same or in any manner interfere therewith. It is also unlawful for any person so authorized to deliver or suffer to be
delivered to any other person any hydrant key or wrench,except for the purposes strictly pertaining to their lawful use.
Subd. 9. Unmetered Service. Unmetered service may be provided for construction,flooding skating rinks,and any
other purpose. Such service shall be at a duly adopted rate. Where it is difficult or impossible to accurately measure the
amount of water taken,unmetered service may be provided and the unmetered rate applied provided,however,that by
acceptance thereof the consumer agrees to have the City estimate the water used. In so estimating the City shall consider
the use to which the water is put and the length of time of unmetered service.
Subd.10. Code Requirement. All piping,connections and appurtenances shall be installed and performed strictly in
accordance with the Minnesota Plumbing Code. Failure to install or maintain the same in accordance therewith or failure
to have or permit required inspection shall,upon discovery by the City,be an additional ground for termination of water
service to any consumer.
Subd.11.Connection Fees. Service shall be furnished only after proper application has been made and connection fees
paid in full.
Source: City Code
Effective Date: 9-17-82
Subd. 12. Water Use Restrictions.
A. A person may water,sprinkle,irrigate,or otherwise use water from the City's Municipal Water System for
lawn areas,grass,or turf(hereinafter referred to as"irrigation"or"irrigate")only on alternating days.
B. Alternating days means that residents with an address ending in an odd number may irrigate only on odd-
numbered days of the month and residents with an address ending in an even number may irrigate only on
even-numbered days of the month.
C. No person may water,sprinkle,irrigate,or otherwise use water from the City's Municipal Water System for
lawn areas,grass,or turf during the hours of 12:01 p.m.through 5:00 p.m. of any day.
D. Upon written request and approval by the City Manager, or his designee, and subject to such terms and
conditions imposed by the City Manager,or his designee,with respect to such approval,the following persons
may be authorized to water,sprinkle,irrigate or otherwise utilize water from the City's municipal water system
at times other than as permitted in Subparagraph A and B hereof:
1. Any person owning or operating a commercial or business enterprise whose economic well-being is
dependent upon irrigation of a lawn,grass or turf owned,leased or operated by it;
2. Employees and agents of the City,in such instances wherein lawn,grass or turf used for play fields or
areas owned and operated by the City require more frequent irrigation to prevent unreasonable damage
thereto;
3. Owners and lessees (their employees and agents) of lands newly sodded or grass seeded which
requires irrigation to prevent loss of new sod,seed or immature turf or grasses for a period of thirty
(30)days.
E. Failure to comply with restrictions or prohibitions imposed by this subdivision shall result in a surcharge for
water service for each day of violation in an amount determined by resolution of the City Council which shall
be added to the water bill for the premises on which such violation occurs. The City Manager,or his designee,
shall mail a Notice of Surcharge to the violator upon imposition of a surcharge. Continued violations after
receipt of the Notice of Surcharge shall be cause for discontinuance of water service to such premises. Receipt
of the Notice of Surcharge shall be presumed three(3)days after mailing by the City Manager,or his designee.
F. Unlawful Act. It is a petty misdemeanor for any person to violate any provision of this Subdivision.
Source: Ordinance No.23-2001
Effective Date: 7-19-01
(Sections 3.31 through 3.49,inclusive,reserved for future expansion.)
SECTION 3.50. RULES AND REGULATIONS RELATING TO SEWERAGE SERVICE.
Subd. 1. Definitions. The following terms,as used in this Section,shall have the meanings stated:
A. "Sewage"means water-carried waste products from residences,public buildings,institutions or other buildings
or premises,including the excrement or other discharge from the bodies of human beings or animals,together
with such ground water infiltration and surface water as may be present.
B. "Sewerage system"includes all street lateral,main and intersecting sewers and structures by which sewage or
industrial wastes are collected,transported,treated and disposed of provided that this shall not include plumbing
inside or a part of a building or premises served or service sewers from a building to the street lateral.
Subd. 2. Metered Water Not Discharged. If a portion of the water furnished to any premises is not directly or
indirectly discharged into the sewerage system,the quantity of such water shall be deducted in computing the sewerage
service charge or rental provided a separate meter shall be installed and operated to register the quantity so not
discharged into the sewerage system and provided,also,that where it is not practicable to meter the portion of the water
not discharged into the sewerage system, such adjustment may be made as shall be fair and equitable in order to
determine the amount of such service charge or rental,but until such adjustment shall be effected that water consumption
basis hereinbefore prescribed shall remain in full force and effect.
Subd. 3. Unlawful Discharge. It is unlawful to discharge any roof water, ground water, or any other natural
precipitation into the sewer system.
Subd. 4. Unmetered Water Supply. If any premises discharge normal sewage or industrial waste into the sanitary
sewerage system,either directly or indirectly,obtain part or all of the water used thereon from sources other than the
City,and the water so obtained is not measured by a meter of equivalent specifications to the meters used by the City,
then in such case the City shall permit the discharge of normal sewage or industrial waste into its sanitary sewerage
system only when the owner of such premises or some other interested party shall at his own expense install and maintain
for the purpose of metering such water supply a water meter of equivalent specifications to those installed by the City in
connection with the City water system. Each water meter shall be installed to measure all water received on such
premises and the above charges and rates shall be applied to the quantity of water received as measured by such meter.
If,because of the nature of the source of the water supply,the City deems it impracticable to thus meter the water on any
premises,the Council may by resolution establish a flat charge per month in accordance with the estimated use of water
on such premises.
Subd. 5. Size,Kind and Depth of Pipe. The City may prescribe the size,kind and depth of sewerage service pipe and
connections. The minimum size when placed underground shall be four(4)inches in diameter.
Source: City Code
Effective Date: 9-17-82
(Sections 3.51 through 3.74,inclusive,reserved for future expansion.)
SECTION 3.75. RULES AND REGULATIONS RELATING TO STORM WATER SEWER SYSTEM
UTILITY.
Subd. 1. Findings and Determinations.
A. In the exercise of its governmental authority and in order to promote the public health,safety,convenience and
general welfare,the City has constructed,operated and maintained a storm water sewer system(the"system").
This section is adopted in the further exercise of such authority and for the same purposes.
B. The system, as constructed, heretofore has been financed and paid for through the imposition of special
assessments and ad valorem taxes. It is now necessary and desirable to provide an alternative method of
recovering some or all of the future costs of improving, maintaining and operating the system through the
imposition of charges as provided in this section.
C. In imposing charges,it is necessary to establish a methodology that undertakes to make them just and equitable.
Taking into account the status of completion of the system, past methods of recovering system cost, the
topography of the City and other relevant factors,it is determined that it would be just and equitable to assign
responsibility for some or all of the future costs of operating,maintaining and improving the system on the basis
of the expected storm water runoff from the various parcels of land within the City during a standard rainfall
event.
Subd.2. Storm Water Sewer System Utility Established. A municipal storm water sewer system utility(the"storm
water utility")is hereby established and shall be operated pursuant to Minnesota Statutes, 1992,Section 444.075 from
which revenues will be derived subject to the provisions of this Section and other laws.
Subd.3. Definitions. Unless the context clearly indicates otherwise,the following words or phrases have the meanings
given in this Subdivision.
A. "Residential Equivalent Factor(REF)." One REF is defined as the ratio of the average volume of runoff
generated by one acre of a land use to the average volume of runoff generated by one acre of typical single
family residential land,assuming Soil Conservation Service(SCS)"Type B"soil conditions,during a rainfall
event,all as determined by the City Engineer.
B. "Rainfall Event." A rainfall event is a rainfall of two(2)inches within a 24 hour period.
Subd.4. REF For Land Uses. The REF for each land use is as follows:
Classification Land Use REF
1 Single Family 1.00
2 Industrial,Apartments,Railroad ROW 3.30
3 Commercial/Office/Parking/Clinics 4.23
4 Parks/Open Space/Golf Course 0.46
5 Institutions(Churches, Schools,Government Buildings) 3.74
6 Airport,Landfill 0.82
7 Undeveloped(Agricultural,Rural Vacant)
* Undeveloped land will be charged a flat fee without reference to a REF.
Subd.5. Exemptions. The following land uses are exempt from the surface water management fee:
(a) Public Right-of-way
(b) Lakes
(c) Wetlands
(d) City Property
Subd.6. Adjustments to REF. The Council may adopt policies recommended by the City Engineer for adjustment of
the REF for parcels of land based upon hydrologic data to be supplied by property owners,which data demonstrates a
hydrologic response substantially different from the standards used by City to establish the REF for the use to which a
parcel may be put. Adjustments to a REF shall not retroactively reduce storm water utility charges.
Subd.7. Other Land Uses. Other land uses not listed in the foregoing table shall be classified by the City Engineer by
assigning them to classes most nearly like the listed uses runoff volumes for a standard rainfall event. An appeal from
the City Engineer's determination of a classification may be made to the City Council pursuant to City Code Section 2.80,
provided written notice is served as provided therein not later than thirty(30)days from the date written notice of the
decision of the City Engineer is given to the Owner of the property which is the subject of the classification.
Subd.8. Setting of Rate. The rate for storm water utility charges shall be determined from time to time by the Council
by resolution. In doing so,the Council shall determine and set an annual budget for the system,including management,
planning,inventory,capital expenditures,personnel,equipment and operations. The aggregate amount of the budget
shall then be divided by the total number of REFs within the City,the quotient of which shall be the rate for one(1)REF.
Subd. 9. Determination of Charges. The storm water utility charge for a specific parcel of property shall be
determined as follows: parcels on which single-family residences are situated shall be charged an amount equivalent to
the rate times one-third(1/3) REF. (For determination of the charge for single-family residences it is assumed that
parcels on which single-family residences are situated comprise one-third (1/3) acre.) Each other property shall be
charged an amount determined by multiplying the REF applicable to the class of land use under consideration times the
rate for one(1)REF times the total acres or fractions thereof of the land.
Subd. 10. Billing and Payment. Storm water utility charges shall be computed and billed periodically with, and
included as a charge on,bills issued by the City for water or sewer services pursuant to Section 3.05 of the City Code. If
a parcel of land subject to the storm water utility charge is not served by City water or sewer,a separate bill shall be
issued every three(3)months for the storm water utility charge. The rules and regulations relating to municipal utilities
set forth in City Code Section 3.05 shall apply to the storm water utility.
Subd. 11. Establishment of Fund. All fees collected for the storm water utility shall be placed in a fund for the
exclusive use or uses described in Subd. 8 hereof and as permitted by Minnesota Statutes, 1992, Section 444.075.
Source: Ordinance No.41-93
Effective Date: 10-29-93
(Sections 3.76 through 3.98,inclusive,reserved for future expansion.)
SECTION 3.99. VIOLATION A MISDEMEANOR OR PETTY MISDEMEANOR.
Every person violates a section, subdivision,paragraph or provision 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 petty
misdemeanor,he shall be punished as for a petty misdemeanor.
Subd. 2. As to any violation not constituting a petty misdemeanor under the provisions of Subdivision 1 hereof,he
shall be punished as for a misdemeanor.
Source: City Code
Effective Date: 9-17-82
Attachment 6
Education Program
The following media and programs are utilized to educate the public on conservation and
pollution prevention.
• Utility Bill Insert— Utility bill inserts have been developed for inclusion in water utility bills each
spring. The schedule is to insert them in the March, April and May billings. The inserts
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 includes information on conservation and includes copies of
pertinent reports for review.
• Environmental Fair—The City's Fair will be held every other year and include information on
conservation and stormwater pollution prevention. The Fair has been a successful
collaboration between the Central Middle School and the City of Eden Prairie for two years
and is planned to continue into the future.
• Environmental Video Production —The City will continue to utilize existing environmental
videos produced for the City for education on water resource management topics.
• 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
materials and videos.
• 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 includes
items such as Hennepin County Drop-Off Facility brochures, waste disposal company options
and general recycling information. New information for enclosure in the packet will be
considered as new ordinances or policies are developed.
• Newsletters— Newsletters are routinely posted on the City's website, which inform residents
of useful conservation methods.
CERTIFICATION OF ADOPTION
WATER EMERGENCY AND CONSERVATION PLAN
City or Water System Name: Eden Prairie
Name of Person Authorized to Sign
Certification on Behalf of the System: Scott Neal
Title: City Manager
Address: 8080 Mitchell Road — Eden Prairie, MN 55344
Telephone: 952-949-8410 Fax: 952-949-8589
E-mail: sneal@edenprairie.org
I certify that the Water Emergency and Conservation Plan approved by the Department
of Natural Resources has been adopted by the city council or utility board that has
authority over water supply services.
Signed: Date:
Fax (651/772-7977) or mail this certification to: DNR Waters
1200 Warner Road
St. Paul, MN 55106
CITY COUNCIL AGENDA DATE: March 18, 2008
SECTION: Consent Agenda
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.O.
Fire Mutual Aid Agreement with Southwest
Metro Transit
Requested Action
Move to: Approve the Mutual Aid Agreement with Southwest Metro Transit to provide services
in the event of an emergency requiring their services and expertise
Synopsis
This agreement formalizes the current practices and understandings between the City of Eden
Prairie and Southwest Metro Transit.
Background Information
Having a formal Mutual Aid Agreement will ensure that during a long-term disaster where
reimbursement of actual costs by state or federal agencies is possible, the reimbursement process
is not hampered by the lack of a formal agreement.
Attachments
Mutual Aid Agreement
Metro Area Transportation Stakeholders Agreement
Mutual Aid Understanding
• Purpose Of This Agreement- This agreement is to represent an informal voluntary alliance
of emergency response transportation resource stakeholders who agree to work together in
the event of a Metro area emergency. This understanding applies to public safety sector
emergency events requiring transportation resources, or transportation sector events
requiring emergency response resources. It may also apply to transportation entities that
require more resources than they can feasibly deliver in response to emergencies, and may
need to call upon resources of other transportation entities to assist.
• Scope of Understanding - It is understood that it has been the practice of first responders
(Police, Fire, EMT, etc.)to assist in the case of emergencies on Transit vehicles, school
buses, charter buses, etc. in the course of their normal duties. It has also been the practice of
transit agencies to assist when requested by Police, or other emergency response personnel.
All these events have been localized responses to date. This agreement is intended to cover
large scale responses which might interfere with normal operations (peak hours), or be of a
longer duration (more than 8 hours), requiring more than nominal costs which might require
reimbursement or assistance with operating costs as covered by Minnesota Statutes Section
12.331.
• Scope of Services - Services provided by transportation resources could include but are
not limited to transportation/shelter for on site workers or affected parties, relocation of
affected parties to staging areas or shelters, shuttling activity for responders or displaced
personnel from staging areas, shelters or command/logistics marshalling sites. Public service
personnel would provide their usual defined functional scope of services. All parties agree to
share what ever information is available and necessary to optimize the safety of all
responders, but this is not to be considered a guarantee of safety.
• Parties - The parties to this agreement are listed on the attached Exhibit and may include:
Public, School District and private transportation providers, County emergency management
personnel, City Administrations, Police and Fire departments. This agreement is voluntary,
and any party may withdraw from this agreement at any time upon thirty days written notice
to the other parties.
• Procedure—The following format for responses will apply when requests for assistance are
made.
o Request for Assistance. Whenever, in the opinion of a Requesting Official, there
is a need for assistance from other parties, such Requesting Official may, in the
requesting officials discretion, call upon the Responding Official of any other
party to furnish assistance to and within the boundaries of the Requesting Party.
It is the intention of the parties to this agreement to cooperate in the event of an
emergency by making the necessary assistance available to a Requesting Party
without undue delay.
o Response to Request. Upon the receipt of a request for assistance from a
Requesting Party, the Responding Official may authorize personnel and
resources to provide assistance to the Requesting Party. This decision will be
made after considering the needs of the Responding Party and the availability of
resources. Whether the Responding Party provides such assistance to the
Requesting Party and, if so, to what extent such assistance is provided shall be
determined solely by the Responding Official ( subject to such supervision and
direction as may be applicable to the responding official is employed). Failure to
provide assistance will not result in liability to a party.
o Back-up: When a Responding Party provides assistance under the terms of this
agreement, it may in turn request assistance from other parties as "backup"
during the time that it is providing assistance outside of its boundaries.
o Recall of Assistance: Whenever a Responding Party has provided assistance to
a Requesting Party, the Responding Official may at any time recall such
assistance or any part thereof, if in the best judgment of the Responding Official
it is deemed necessary to provide for the best interests of the Responding
Officials own community. Such action will not result in liability to any party.
o Command of Scene: The Requesting Party shall be in command of the
emergency scene. The personnel and equipment shall be under the direction
and control of the Requesting Party until the responding official withdraws
assistance, as is provided for in the NIMS emergency response management
structure.
o Equipment: A Responding Party shall be responsible for its own equipment. Any
unused equipment shall be returned to the Responding Party by the Requesting
Party when circumstances permit this to be done. Responding personnel shall
be deemed to be performing their regular duties for the responding party and any
financial compensation shall be the responsibility of the Responding Party.
o Specialized activities: some events of a non-emergency nature may be
requested and/or provided by the parties to this agreement.
• Workers' Compensation - Each party shall be responsible for injuries or death of its own
personnel. Each party will maintain workers' compensation insurance or self-insurance
coverage, covering its own personnel while they are providing insurance or self-insurance
coverage, covering its own personnel while they are providing assistance pursuant to this
agreement. Each party waives the right to sue any other party for any workers'
compensation benefits paid to its own employee or volunteer or their dependants, even if the
injuries were caused wholly or partially by the negligence of any other party or its officers,
employees, or volunteers.
• Damage to equipment- Each party shall be responsible for damages to or loss of its own
equipment. Each party waives the right to sue any other party for any damages to or loss of
its equipment, even if the damages or losses were caused wholly or partially by the
negligence of any other party or its officers, employees, or volunteers.
• Liability—Damage claims shall be treated as specified below.
o For the purposes of the Minnesota Municipal Tort Liability Act (Minn. Stat. 466),
the employees and officers of the Responding Party are deemed to be
employees (as defined in Minn. Stat. 466.01, subdivision 6)of the Requesting
Party.
o The Responding Party shall be liable for its own acts to the extent provided by
law and hereby agrees to indemnify, hold harmless and defend the Requesting
Party, its officers and employees against any and all liability, loss, costs,
damages, expenses, claims or actions, including attorney's fees which the
Requesting Party, its officers and employees may hereafter sustain, incur or be
required to pay, arising out of or by negligent act or omission of the Responding
Party, its agents, servants, volunteers or employees, in the execution and
performance of this agreement. Notwithstanding the above, the parties recognize
that liability under this agreement is controlled by Minnesota Stature Section
471.59, Subdivision 1 a and that the total liability for the parties shall not exceed
the limit on governmental liability for a single use of government as specified in
Minnesota Statute Section 466.04, Subdivision 1.
o No party to this agreement or any officer of any party shall be liable to any other
party or to any other person for failure of any party to furnish assistance to any
other party, or for recalling assistance, both as described in this agreement.
• Charges to the Requesting Party- No charges will be levied by a Responding Party to this
agreement for assistance rendered to a Requesting Party under the terms of this agreement
unless that assistance continues for a period of more than 24 hours. If assistance provided
under this agreement continues for more than 24 hours, the Responding Party will submit to
the Requesting Party an itemized bill for the actual cost of any assistance provided after the
initial 24 hour period, including salaries, overtime, materials and supplies, equipment costs,
and other necessary expenses; and the Requesting Party will reimburse to the extent
possible, the party providing the assistance. Parties shall not be precluded from seeking any
potential cost recovery from a responsible party as a result of fire or other incident. Charges
for extraordinary services will occur in accordance with applicable state and federal laws.
Such charges are not contingent upon the availability of federal or state government funds.
• Effective Date-This agreement shall be effective upon execution by signature of all parties
listed on the attached Exhibits.
Metro Area Transportation Stakeholders Agreement- Mutual Aid Understanding
Exhibit A
CITY OF CHASKA
BY ITS:
Mayor: Administrator:
Dated: Dated:
CITY OF CHANHASSEN
BY ITS:
Mayor: Manager:
Dated: Dated:
CITY OF EDEN PRAIRIE
BY ITS:
Mayor: Manager:
Dated: Dated:
SOUTHWEST METRO TRANSIT COMMISSION
BY ITS:
Chair: Executive Director:
Dated: Dated:
P:\Home\SMTC-0622\Metro Area Transportation Stakeholders Agreement\Transportation MUTUAL AID Understanding 2008 03 13
(clean).doc
CITY COUNCIL AGENDA DATE: March 18, 2008
SECTION: Public Hearings
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.A.
Community UnitedHealth Group PUD Concept
Development/Planning Amendment
Janet Jeremiah, Scott Kipp
Requested Action
Move to:
• Close the Public Hearing; and
• Adopt the Resolution for Planned Unit Development Concept Amendment on 71 acres; and
• Direct Staff to prepare a Development Agreement incorporating Staff and Commission
recommendations and Council conditions.
Synopsis
In 2002 UnitedHealth Group (UHG)received City approval of a Comprehensive Guide Plan
Change and PUD concept plan for a 1,599,400 square foot office/mixed-use development on its
71-acre property located at the southeast corner of Highway 62 and Shady Oak Road. The plan
consisted of 1,131,700 sq. ft. of office, 331 multi-family units, a 125-room hotel/restaurant, and
50,000 square feet of retail. The Development Agreement for the PUD concept plan will expire
March 20, 2008.
UHG is proposing a PUD concept amendment for the plan for 1,584,400 sq. ft. office/mixed use
development consisting of 1,140,000 sq. ft. of office, 324 multi-family units, 125-room
hotel/restaurant, and 25,000 sq. ft. of retail. The plan also provides for a future light rail transit
station and Park-and-Ride at the site, which is along Hennepin County's preferred future LRT
alignment.
Background Information
The Concept Amendment plans have taken into account changes to the site since the previous
approval including: new wetland delineation report; updated traffic analysis; updated tree
inventory; storm water infiltration; and accommodation for a future light rail transit station on
the site.
The following PUD waivers would need to be approved as part of any rezoning of the property:
Office Site
• Floor Area Ratio of 0.89. Code maximum is 0.50.
• Building height greater than 30 feet. Six, eight, and ten story buildings are anticipated.
High Density Residential Site
• 0-foot internal setback to parking. Code requires a 10-foot setback. Shared parking is
anticipated.
Neighborhood Commercial Site
• FAR of 0.51. Code maximum is 0.40. Housing is proposed above the retail uses.
• 0-foot internal setback to parking. Code requires a 10-foot setback. Shared parking is
anticipated.
• Building height greater than 30 feet. Housing is proposed above the retail uses.
The benefits to the City for considering the waivers are:
• A mixed-use development of office, housing and retail
• Preservation of the 10 acre wooded knoll
• Preservation of 12.27 acres (92.5%) of the 13.27 acres of wetlands on site
• Significant tree loss of 32%
• Accommodates future LRT station and Park-and-Ride within the site
The 120-Day Review Period Expires on May 19, 2008.
Planning Commission Recommendation
The Planning Commission voted 5-0 to recommend approval of the project at the February 25,
2008 meeting.
Attachments
1. Resolution for PUD Concept Amendment
2. Staff Report dated February 22, 2008
3. Location Map
4. Land Use & Zoning Maps
5. Planning Commission Minutes
UNITEDHEALTH GROUP PUD AMENDMENT
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO. 2008-
A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT
CONCEPT AMENDMENT OF UNITEDHEALTH GROUP PUD
FOR UNITED HEALTHCARE SERVICES
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 February 25,
2008, on UnitedHealth Group PUD Concept Amendment by United HealthCare Services and
considered their request for approval of the PUD Concept plan amendment and recommended
approval of the request to the City Council; and
WHEREAS,the City Council did consider the request on March 18, 2008.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie,
Minnesota, as follows:
1. UnitedHealth Group PUD Concept Amendment, 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 Amendment approval as outlined
in the plans stamp dated March 10, 2008.
3. That the PUD Concept Amendment meets the recommendations of the Planning
Commission February 25, 2008.
ADOPTED by the City Council of the City of Eden Prairie this 18th day of March, 2008.
Phil Young, Mayor
ATTEST:
Kathleen A. Porta, City Clerk
EXHIBIT A
PUD Concept Amendment - UnitedHealth Group PUD
Legal Description:
(As per Schedule A of Commitment to Title from Chicago Title Insurance Company, File No.
100819645 dated January 13, 2008)
TRACT A:
That part of the Northeast Quarter of the Northwest Quarter of Section 1, Township 116, Range 22
lying Northeasterly of the Northeasterly right-of-way lines of State Highway No. 62, per Book
2612 of Deeds, page 131 and book 2622 of Deeds, page 255. except for that part of said Northeast
Quarter of the Northwest Quarter embraced within the West 132 feet of the East 528 feet of the
South 165 feet of the North 198 feet, as measured along the North and East lines of said
Northeast Quarter of the Northwest Quarter.
TRACT B:
PARCEL 1: That part of the following described parcel lying Northerly of a line 393.17 feet
Northerly of, as measured at a right angle to the South line of the North Half of the Northwest
Quarter, Section 1, Township 116, Range 22:
That part of the Northwest Quarter of the Northwest Quarter, Section 1, Township 116, Range 22
lying West of a line drawn from a point on the North line of said Northwest Quarter of the
Northwest Quarter distant 282.5 feet East from the Northwest Corner of said Northwest Quarter of
the Northwest Quarter to a point on the South line of said Northwest Quarter of the Northwest
Quarter distant 282.5 feet East from the Southwest corner of said Northwest Quarter of the
Northwest Quarter; Except that part of said Tract which lies West of a line drawn 40 feet East of
the following described "Line A":
Line "A": Beginning at a point on the South line of Section 36, Township 117, Range 22, distant
488.84 feet Easterly of the Southwest corner of said Section 36; thence run Southerly from said
line at an angle of 95 degrees 40 minutes 48 seconds as measured from the West to South for a
distance of 1,638.23 feet to the actual point of beginning of the line to be described; thence
deflect to the right 180 degrees for a distance of 840 feet to a point thereinafter referred to
as Point "A", thence continue Northerly for a distance of 200 feet and there terminating.
Also except that part of the above described tract which lies West of the following described
Line "B":
Line "B": Beginning at Point "A" on the above described Line "A"; thence run Easterly at right
angles to said Line "A" for a distance of 40 feet to the actual point of beginning of the line to
be described; thence deflect to the left 88 degrees 34 minutes 04 seconds for a distance of 600
feet and there terminating.
Also except that part of the above described tract which lies Northerly of a line drawn parallel
with and distant 40 feet Southerly of the following described line, hereinafter referred to as:
Line "D": Beginning at a point on the North line of Section 1, Township 116, Range 22, distant
577.37 feet Easterly of the Northwest corner of said Section 1; thence run Southwesterly along a
curve tangent to said North line having a radius of 409.26 feet (delta angle 47 degrees 57
minutes 23 seconds) for a distance of 342.55 feet; thence tangent to said curve for a distance of
63.05 feet; thence deflect to the right along a tangential curve having a radius of 286.48 feet
(delta angle 42 degrees 15 minutes 00 seconds) for a distance of 211.25 feet; thence tangent to
said curve for a distance of 326.31 feet and there terminating; according to the Government
Survey thereof.
PARCEL 2: The North 350 feet of the West 164.15 feet of that part of the Northwest Quarter of
the Northwest Quarter, Section 1, Township 116, Range 22, lying East of a line drawn from a point
on the North line of said Northwest Quarter of the Northwest Quarter distant 282.5 feet East from
the Northwest corner of said Northwest Quarter of the Northwest Quarter to a point on the South
line of said Northwest Quarter of the Northwest Quarter distant 282.5 feet East from the
Southwest corner of said Northwest Quarter of the Northwest Quarter, EXCEPT that part of the
above described land lying Northerly of the following described line: Commencing at a point on
the North line of said Northwest Quarter of the Northwest Quarter distant 577.37 feet East from
the Northwest corner of said Northwest Quarter of the Northwest Quarter; thence South, at a right
angle to said North line a distance of 40 feet to the point of beginning of the line to be
described; thence Southwesterly a distance of 309.07 feet along a curve which is tangential to a
line parallel with said North line and concave to the Southeast and having a radius of 369.26
feet and a central angle of 47 degrees 57 minutes 23 seconds; thence Southwesterly, tangent to
said curve, a distance of 63.05 feet and there terminating, according to the Government Survey
thereof.
PARCEL 3: That part of the following described parcel lying Northerly of a line 393.17 feet
Northerly of, as measured at a right angle to the South line of the North Half of the Northwest
Quarter, Section 1, Township 116, Range 22:
That part of the Northwest Quarter of the Northwest Quarter, Section 1, Township 116, Range 22,
described as beginning at a point on the South line of said Northwest Quarter of the Northwest
Quarter distant 282.5 feet East from the Southwest corner of said Northwest Quarter of the
Northwest Quarter; thence East along said South line a distance of 557.5 feet; thence North to a
point on the North line of said Northwest Quarter of the Northwest Quarter distant 840 feet East
from the Northwest corner of said Northwest Quarter of the Northwest Quarter; thence West along
said North line to a point 577.37 feet East from the Northwest corner of said Northwest Quarter
of the Northwest Quarter; thence South at a right angle a distance of 40 feet; thence
Southwesterly a distance of 309.07 feet along a curve which is tangential to a line parallel with
said North line and concave to the Southeast and has a radius of 369.26 feet and a central angle
of 47 degrees 57 minutes 23 seconds; thence Southwesterly, tangent to said curve to an
intersection with a line drawn North from the point of beginning to a point on the North line of
said Northwest Quarter of the Northwest Quarter distant 282.5 feet East from the Northwest corner
of said Northwest Quarter of the Northwest Quarter; thence South along the last described line to
the point of beginning; EXCEPT that part of the West 164.15 feet of the above described land
lying within the North 350 feet of said Northwest Quarter of the Northwest Quarter, according to
the Government Survey thereof.
PARCEL 4: That part of the following described parcel lying Northerly of a line 393.17 feet
Northerly of, as measured at a right angle to the South line of the North Half of the Northwest
Quarter, Section 1, Township 116, Range 22: That part of the Northwest Quarter of the Northwest
Quarter, Section 1, Township 116, Range 22, described as beginning at a point on the North line
of said Northwest Quarter of the Northwest Quarter distant 840 feet East from the Northwest
corner of said Northwest Quarter of the Northwest Quarter; thence South to a point on the South
line of said Northwest Quarter of the Northwest Quarter distant 840 feet East from the Southwest
corner of said Northwest Quarter of the Northwest Quarter; thence East along said South line a
distance of 30.94 feet, more or less, to the Southwest corner of the East 63 acres of the North
Half of the Northwest Quarter of said Section 1; thence North along the West line of the East 63
acres of said North Half of the Northwest Quarter to the North line of said Northwest Quarter of
the Northwest Quarter; thence West along said North line a distance of 88.53 feet, more or less,
to the point of beginning, according to the Government Survey thereof.
PARCEL 5: That part of the West 20 acres of the East 63 acres of the North Half of the Northwest
Quarter, Section 1, Township 116, Range 22, Hennepin County, State of Minnesota lying Southerly
of the Southerly right of way line of County Road No. 62, and lying Northerly of a line 393.17
feet Northerly of, as measured at a right angle to, the South line of the North Half of the
Northwest Quarter, said Section 1, according to the U.S. Government Survey thereof.
Together with a non-exclusive easement (herein the "Private Easement") for roadway purposes over,
under, across and through that part of the South 393.17 feet of the Northwest Quarter of the
Northwest Quarter of Section 1, Township 116, Range 22, Hennepin County, Minnesota, described as
follows:
Beginning at the intersection of the North line of said South 393.17 feet and the Easterly right-
of-way line of County Road No. 61 as described in Document No. 970391; thence Easterly along said
North line a distance of 600 feet; thence Southerly at right angles a distance of 60.00 feet;
thence Southerly and Northerly a distance of 188.50 feet along a tangential curve concave to the
North having a radius of 60 feet and a central angle of 180 degrees; thence Westerly parallel
with said North line to said Easterly right-of-way line of County Road No. 61; thence
Northwesterly along said Easterly right-of-way line to the point of beginning, (herein the
"Easement Parcel") .
Parcels 1 through 4 are Registered Property.
Torrens Certificate Number: 1047852
Parcel 5 is Abstract Property.
STAFF REPORT
TO: Planning Commission
FROM: Scott A. Kipp, Senior Planner
DATE: February 22, 2008
PROJECT: UnitedHealth Group PUD Concept Amendment
LOCATION: South of Highway 62, east of Shady Oak Road, and north of City West Parkway
APPLICANT/
OWNER: United Healthcare Services, Inc.
120-DAY REVIEW: Expires May 19, 2008
REQUEST: • Planned Unit Development Concept Amendment on 71 acres.
Staff Report-UnitedHealth Group PUD Concept Amendment
February 22, 2008
BACKGROUND
In 2002 UnitedHealth Group (UHG) received City approval of a Comprehensive Guide Plan Change
and PUD Concept Review for a 1,599,400 square foot office/mixed-use development on its 71-acre
property located at the southeast corner of Highway 62 and Shady Oak Road.
The Comprehensive Guide Plan was amended to reflect the land uses proposed in the PUD Concept
consisting of office, regional commercial, neighborhood commercial, high density residential and
quasi-public land uses. The property is zoned rural.
2008 PLAN CHANGES
PUD Concept Plan Amendments
Original PUD Amended PUD
1,130,000 sq. ft. of office 1,140,000 sq. ft. of office
356,400 sq. ft. for 331 housing units 356,400 sq. ft. for 324 housing units
63,000 sq. ft. for 125 room hotel/restaurant 63,000 sq. ft. for 125 room hotel/restaurant
50,000 sq. ft. of retail 25,000 sq. ft of retail
Total of 1,599,400 square feet Total of 1,584,400 square feet
Wetlands
A new wetland delineation report was prepared for the site. Wetland acreage has increased from 11.57
acres to 13.27 acres. The wetland impact remains one acre resulting in preservation of 92.5% of the
wetlands. The proposed wetland mitigation meets the requirements of the Wetland Conservation Act.
Trees
There are a total of 13,333 diameter inches of significant trees are on site. Tree loss is calculated at
4,352 diameter inches, or 32%. This is a 3% increase over the 2002 plan. Tree replacement will be
1,889 caliper inches. The tree replacement plan meets the code requirements. The 10-acre wooded
knoll will remain undisturbed.
Storm Water Management
The on-site storm water will be treated through the required NURP ponds and infiltration
Traffic
The 2008 traffic study indicates the proposed plan will add 12,920 average daily trips (ADT) with
1,864 AM peak hour trips and 1,753 PM peak hour trips. This is slightly less than the ADT, AM and
PM peak hour assumptions in the 2001 traffic study. Attachment A outlines the road improvements
2
Staff Report-UnitedHealth Group PUD Concept Amendment
February 22, 2008
that UHG will be required to implement over time as the project is developed. A Travel Demand
Management Plan will also be required as part of developing the property.
Light Rail Transit
In 2006 Hennepin County completed a study, Southwest Transit Alternatives Analysis, which
identifies this site as being along one of the alignments for the potential Light Rail Transit(LRT)
station and park-and-ride lot. The Policy Advisory Committee for the Southwest Transitway has
selected Route 3, adjacent to the UHG site, be the recommended route. (Attachment B).
To plan for this important alignment UHG agrees, as part of its first phase approval, to design in the
LRT station and adequate LRT parking in accordance with HCRRA's (Hennepin County Regional
Railroad Authority's) most current information regarding location, access, elevation, and number of
parking spaces or show how its plans don't preclude construction of an LRT station and adequate LRT
parking at reasonable public cost. UHG is responsible for the design costs of integrating the LRT
station and adequate LRT parking into their campus plans and will not be reimbursed for property or
air rights as long as their approved concept density is not diminished by accommodating the LRT
station and adequate parking. Other costs related to constructing the LRT station and adequate LRT
parking will be the responsibility of the associated public entities.
PUD WAIVERS ANTICIPATED
The following waivers would need to be approved as part of any rezoning of the property:
Office Site
• Floor Area Ratio of 0.89. Code maximum is 0.50.
• Building height greater than 30 feet. Six, eight, and ten story buildings are anticipated.
High Density Residential Site
• 0-foot internal setback to parking. Code requires a 10-foot setback. Shared parking is anticipated.
Neighborhood Commercial Site
• FAR of 0.51. Code maximum is 0.40. Housing is proposed above the retail uses.
• 0-foot internal setback to parking. Code requires a 10-foot setback. Shared parking is anticipated.
• Building height greater than 30 feet. Housing is proposed above the retail uses.
The benefits to the City for considering the waivers are:
• A mixed-use development of office, housing and retail
• Preservation of the 10 acre wooded knoll
• Preservation of 12.27 acres (92.5%) of the 13.27 acres of wetlands on site
• Significant tree loss of 32%
• Accommodates future LRT station and Park-and-Ride within the site
3
Staff Report-UnitedHealth Group PUD Concept Amendment
February 22, 2008
STAFF RECOMMENDATIONS
Recommend approval of the following request:
• Planned Unit Development Concept Amendment on 71 acres
This is based on plans stamped dated February 14, 2008, staff report dated February 22, 2008, and the
following conditions:
1. Prior to City Council adoption of a Resolution on the AUAR, Developer shall enter into a
Development Agreement with the City on the requirements for development of the property.
4
Staff Report-UnitedHealth Group PUD Concept Amendment
February 22, 2008
ATTACHMENT A
DEVELOPMENT OF
UNITEDHEALTH GROUP SITE
REQUIRED TRANSPORTATION IMPROVEMENTS
Concurrent with the development of the Property the Developer will be responsible for the costs of the
infrastructure improvements identified below.
1) On-Site Road Improvements:
- Reconstruction of the entire length of West 62nd Street.
- Construction of the internal public roadway connecting West 62nd Street and City West
Parkway.
2) Shady Oak Road/West 62nd Street Intersection Improvements:
- Reconstruct the intersection to add a second left turn lane (dual lefts) on the north approach
and a single right turn lane on the south approach of the intersection.
- Construct the intersection to provide three westbound lanes (two left turn lanes and one right
turn lane) and two eastbound lanes on the east leg of the intersection.
- Add a right turn lane on the west approach of the intersection approach lanes on the west leg
of the intersection.
- Construct a new traffic signal system.
3) Shady Oak Road/City West Parkway(north) Intersection Improvements:
- Reconstruct intersection to add left and right turn lanes and a center median on both the north
and south approaches of the intersection.
- Construct a new traffic signal system.
4) Shady Oak Road Improvements:
- Upgrade Shady Road to a 4-lane section between the north and south intersections with City
West Parkway. This works includes the removal and replacement of the outside lane and
shoulder for southbound Shady Oak Road to provide an appropriate pavement cross slope for
two southbound through lanes.
5) Shady Oak Road/City West Parkway(south) Intersection Improvements:
- Reconstruct intersection to add left and right turn lanes on both the east and west approaches
of the intersection.
- Add a second left turn(dual left) on the north approach of the intersection.
- Reassign lanes on the south approach of the intersection.
- Construct a new traffic signal system.
5
Staff Report-UnitedHealth Group PUD Concept Amendment
February 22, 2008
6) HOV Bypass/ Slip Ramp
- Construct a High Occupancy Vehicle (HOV) Bypass or Slip Ramp for the Shady Oak Road
South Ramp to eastbound TH 62.
7) TH 212/ Shady Oak Road Interchange Improvements
- Add free right turn on west approach to the Shady Oak Road/TH 212 West Ramp
intersection.
- Add a second left turn lane (dual left) on the north approach of the Shady Oak Road/TH 212
West Ramp intersection.
- Add a second left turn lane (dual left) on the south approach of the Shady Oak Road/TH 212
East Ramp intersection.
- Construct associated Traffic Signal Improvements
8) Shady Oak Road Trail
- Construct an 8 foot trail on the east side of Shady Oak Road between West 62nd Street and the
north intersection of City West Parkway.
9) Agree to support and participate in a Special Service District encompassing City West Parkway
and the Golden Triangle Area for additional future Transportation Improvements.
10) Commit to accommodating a LRT Station and Park and Ride within the development.
6
Area Location Map - United Health Group AUAR Update
& PUD Amendment
Address: SE Quadrant of Shady Oak Road & TH 62
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1:/1 Low Density/Public/Open Space 1_ J Community Commercial —Metropolitan Urban Service Line(MUSA)
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Zoning Map
United Health Group AUAR Update & PUD Amendment
SE Quadrant of Shady Oak Road & TH 62
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APPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY, FEBRUARY 25, 2008 7:00 P.M., CITY CENTER
Council Chambers
8080 Mitchell Road
COMMISSION MEMBERS: John Kirk, Vicki Koenig, Jerry Pitzrick,
Frank Powell, Peter Rocheford,
Kevin Schultz, Fred Seymour, Ray
Stoelting,
Jon Stoltz,
STAFF MEMBERS: Stu Fox, Manager of Parks and Natural
Resources
Al Gray, City Engineer
Michael Franzen, City Planner
Scott Kipp, Senior Planner
Julie Krull, Recording Secretary
I. PLEDGE OF ALLEGIANCE—ROLL CALL
PUBLIC HEARINGS
A. UNITEDHEALTH GROUP PUD CONCEPT AMENDMENT
John Dietrich, of RLK, Inc., principle landscape architect for UnitedHealth Group,
presented the proposal. He said they are here tonight to request approval of the PUD for
the 71 acre site with a slight difference of approximately 15,000 sq. ft. from 2002 to
2008. He utilized the overhead project to illustrate the boundary changes. He said there
will be a mixed use campus of office, commercial, residential and retail units on this site.
This project is located on the southeast corner of Hwy 62 and Shady Oak Road. He
pointed out the benefits to the City would be the preservation of 12.2 acres of wetland,
significant tree loss at only 32%, a mixed use campus area, preservation of the 10 acre
wooded knoll and accommodation of the future LRT station and Park-and Ride within
the site.
Dennis Spalla, representing UnitedHealth Group, indicated he wanted to address a few
items that were in Attachment A of the staff report. First of all, he said they want to
ensure the Commission and City they are going to accommodate the LRT because it will
be an important development on their site. He said for UnitedHealth, they expect to be
reimbursed for any taking of land in the LRT line. In regards to the requirement to
participate in a special service district they are comfortable participating in transportation
improvements based on an assumption that the district area will be between 1200 to 1500
acres and cost of improvement will be born by the members of the district .
I
Stoelting asked Kipp to review the staff report. Kipp said this was an original PUD that
was approved in 2002. The developer did update some items and these changes are in the
staff report. Staff recommends approval based on page 4 of the staff report. He added
that the original PUD Concept Plan approved by the City Council in 2002 was to
establish the framework for land use and site planning for future development of the
UnitedHealth Group's 71 acre site. The Development Agreement for the Concept Plan
will expire on March 20, 2008. UnitedHealth Group desires to reestablish its PUD
Concept Plan by updating the plans to be consistent with current codes, and new traffic
and wetland analysis. The plans are overall consistent with the original PUD.
Stoelting asked why there were no architectural designs included in the packet. Kipp said
this was only a concept review and presentation on those documents would be part of
zoning and site plan review at another time in the future.
Kirk asked how much flexibility the project proponent would have in regards to the
heights of the buildings in the plan. Kipp indicated that flexibility in height would be a
story or less, but the actual height approved is based on construction drawings to be
reviewed as part of a rezoning and site plan application.
Stoelting opened the meeting up for public input.
Tim Johnson, of LLS Systems, asked the question if there was a time table of when this
development would begin.
Mr. Spalla said they do not know precisely when they will start this project. He pointed
out that an amendment to the development agreement will have a 5 year window. They
would like to start in the next couple of years, but before they begin they would like to
have more information on the LRT. He said it is a complicated project; hence the
planning of the infrastructure and control of the wetlands and development of the
roadways is what is very time consuming.
Stoelting asked why there was a delay in the 2002 project and also asked the project
proponent how he would go about starting such a big project.
Mr. Spalla said it was not developed because they are not really a developer, they
develop health plans. In working with real estate development, they hire people like
Opus to develop the project. He pointed out they do not own their property, but rather
lease it. They put their profits into operations and development of people. They have
not developed the land because they are busy with their company growth. He pointed out
they are building an expansion to their campus in Minnetonka; they have approval to
build an additional 300,000 sq. ft. He stated because they have to plan for the LRT, it
could cause a delay in the project. In regards to starting the project, Mr. Spalla said they
would probably develop two buildings at a time. They would also put up retail as soon as
the office buildings go up.
Pitzrick asked about the LRT station location and how this would affect development.
He also asked why they would decrease retail space from 50,000 to 25,000 sq. ft. if the
LRT would be coming to the area. Pitzrick said he was also concerned with the multi-
family housing and asked if the Commission can be assured the project proponent will
maintain it as such, given the current housing market.
Mr. Spalla said the LRT coming into the area would be dependant on county discussions.
He pointed out there are three potential locations for the LRT station and pointed those
out, utilizing the overhead projector. He also said if the LRT does not make it into the
area, the extra land could then be developed.
John Dietrick said because of the impact of buffers and wetlands, they had to reduce the
amount of retail space in order to accommodate parking requirements. He said in regards
to the residential component, it is a benefit to the site to have this in the area for
additional parking needs and car flow.
Pitzrick asked the project proponent if they would come back and ask for more office
space. Mr. Spalla said they will work with the City on this issue, but it would be
dependant on market issues at the time.
Stoelting asked Kipp, in regards to the 2008 PUD waivers, how they compared to the
2002 PUD waivers. Kipp said they are the same.
MOTION by Pitzrick, seconded by Kirk to close the public hearing. Motion carried 5-
0.
MOTION by Pitzrick, seconded by Kirk, to recommend approval of the Planned Unit
Development Concept Amendment on 71 acres based on plans stamped dated February
14, 2008, and the staff report dated February 22, 2008. Motion carried 5-0.
CITY COUNCIL AGENDA DATE: March 18, 2008
SECTION: Public Hearings
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.B.
Community UnitedHealth Group AUAR Update
Development/Planning
Janet Jeremiah, Scott Kipp
Requested Action
Move to:
• Close the Public Hearing; and
• Accept the draft AUAR and draft mitigation plan as accurate and complete.
Synopsis
United Healthcare Services, Inc. is proposing an Update to its Alternative Areawide Urban
Review (AUAR) environmental document originally adopted by the City Council in April of
2002 for the future development of a 71 acre site located at the southeast corner of T.H. 62 and
Shady Oak Road.
Original AUAR Updated AUAR
1,130,000 sq. ft. of office 1,140,000 sq. ft. of office
331 housing units 324 housing units
125 room hotel/restaurant 125 room hotel/restaurant
50,000 square feet of retail 25,000 square feet of retail
Total of 1,599,400 square feet Total of 1,584,400 square feet
The original AUAR expired April 9, 2007.
Background Information
The potential impacts are:
Fish, Wildlife and Ecologically Sensitive Resources—over 43 acres of open space maintained
between wetland, woodland, ponds, and tree replacement.
Physical Impacts on Water Resources—Wetland mitigation, replacement, and buffer zones
established.
Erosion and Sedimentation Control—Compliance with Best Management Practices (erosion
control) and permit requirements of MPCA.
Water Quality: Surface Water Runoff—NURP Ponds and infiltration basins-rainwater gardens
created.
Traffic—Road improvements for Shady Oak Road, West 62nd Street, and various intersections
implemented over time as shown on Attachment A.
Review Period for AUAR
The 30-Day Comment Period runs from February 26 thru March 26, 2008.
The 120-Day Review Period for the AUAR process expires on May 19, 2008.
Planning Commission Recommendation
The Planning Commission voted 5-0 to accept the draft AUAR document and draft mitigation
plan as accurate and complete at its February 25, 2008 meeting.
Attachments
1. AUAR(hard copy)
2. Staff Report dated February 22, 2008
3. Location Map
4. Land Use & Zoning Maps
5. Planning Commission Minutes
STAFF REPORT
TO: Planning Commission
FROM: Scott A. Kipp, Senior Planner
DATE: February 22, 2008
PROJECT: UnitedHealth Group AUAR Update
LOCATION: South of Highway 62, east of Shady Oak Road, and north of City West
Parkway
APPLICANT/
OWNER: United Healthcare Services, Inc.
120-DAY REVIEW: Expires May 19, 2008
REQUEST: • Alternative Urban Areawide Review(AUAR)Update on 71 acres.
Staff Report—UnitedHealth Group AUAR Update
February 22, 2008
Page 2
BACKGROUND
United Healthcare Services, Inc. is proposing an Update to its Alternative Areawide Urban
Review (AUAR) environmental document originally adopted by the City Council in April of
2002 for the future development of a 71 acre site located at the southeast corner of T.H. 62 and
Shady Oak Road.
Original AUAR Updated AUAR
1,130,000 sq. ft. of office 1,140,000 sq. ft. of office
331 housing units 324 housing units
125 room hotel/restaurant 125 room hotel/restaurant
50,000 square feet of retail 25,000 square feet of retail
Total of 1,599,400 square feet Total of 1,584,400 square feet
The original AUAR expired April 9, 2007.
ENVIRONMENTAL REVIEW REQUIREMENT
The AUAR is an alternative form of environmental review similar to that of an EAW, but must
provide for a level of analysis comparable to that of an EIS for determining associated impacts.
An AUAR is valid for five years. To remain valid as a substitute form of review, the
environmental analysis document and plan for mitigation must be revised if the five year period
has passed.
AUAR PROCESS
The AUAR document is prepared by a consultant under the direction of the Regulatory
Governmental Unit(RGU)which is the City of Eden Prairie. City staff reviews the document for
accuracy and completeness of the answers to the questions contained in the document. The
Minnesota Environmental Quality Board (EQB)then publishes the availability of the AUAR
document in the EQB Monitor(newspaper for EQB). The AUAR document is then sent to a list
of agencies as required by statute including but not limited to the DNR, MnDOT, EPA, US Fish
and Wildlife.
From the date of publication there is a 30-day period to receive written comments from the
required agencies or other interested parties. This review period begins on February 25, 2008
and expires on March 26, 2008.
The written comments are to address the accuracy and completeness of the material contained in
the draft AUAR and draft mitigation plan, and any other potential impacts that warrant further
investigation before the project is commenced. At the end of the comment period, the RGU will
revise the AUAR based on comments received and include a final mitigation plan for distribution
in the same manner as the draft document. Unless an objection to the revised AUAR is received,
the RGU shall adopt the revised document and plan for mitigation at its first regularly scheduled
meeting held 15 or more days after the distribution of the revised document. Upon adoption of
Staff Report—UnitedHealth Group AUAR Update
February 22, 2008
Page 3
the final AUAR document, including the final plan for mitigation, the project and associated
infrastructure within the area that are consistent with the assumptions of the document and that
comply with the plan for mitigation are exempt from the requirements for preparing an EAW or
EIS. The entire process shall be completed within 120 days after the date on which the RGU
ordered the review.
PLANNING COMMISSION ROLE
• Conduct a public meeting and accept written and oral comment to be entered in to the
record.
• Review the draft AUAR and determine if it is complete and accurate.
• Identify potential impacts.
• Identify mitigation plans.
• Identify potential impacts that warrant further investigation before the project is
commenced.
COMPLETENESS AND ACCURACY
The staff has determined that the AUAR document is accurate and complete in regards to
answering the questions.
POTENTIAL IMPACTS
The potential impacts are:
Fish, Wildlife and Ecologically Sensitive Resources
Physical Impacts on Water Resources
Erosion and Sedimentation Control
Water Quality: Surface Water Runoff
Traffic
DRAFT MITIGATION PLANS
Fish,Wildlife and Ecologically Sensitive Resources—over 43 acres of open space between
wetland, woodland, ponds, and tree replacement.
Physical Impacts on Water Resources—Wetland mitigation, replacement, and buffer zones.
Erosion and Sedimentation Control—Compliance with Best Management Practices (erosion
control) and permit requirements of MPCA.
Water Quality: Surface Water Runoff—NURP Ponds and infiltration basins-rainwater
gardens.
Staff Report—UnitedHealth Group AUAR Update
February 22, 2008
Page 4
Traffic—Road improvements for Shady Oak Road, West 62nd Street, and various intersections
implemented over time as shown on Attachment A.
FURTHER INVESTIGATION
Staff has identified no addition environmental impacts that warrant further investigation.
STAFF RECOMMENDATION
Motion: Move to accept the draft AUAR document and draft mitigation plan as accurate and
complete.
Area Location Map - United Health Group AUAR Update
& PUD Amendment
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APPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY, FEBRUARY 25, 2008 7:00 P.M., CITY CENTER
Council Chambers
8080 Mitchell Road
COMMISSION MEMBERS: John Kirk, Vicki Koenig, Jerry Pitzrick,
Frank Powell, Peter Rocheford,
Kevin Schultz, Fred Seymour, Ray
Stoelting,
Jon Stoltz,
STAFF MEMBERS: Stu Fox, Manager of Parks and Natural
Resources
Al Gray, City Engineer
Michael Franzen, City Planner
Scott Kipp, Senior Planner
Julie Krull, Recording Secretary
I. PLEDGE OF ALLEGIANCE—ROLL CALL
B. UNITEDHEALTH ALTERNATIVE URBAN AREAWIDE REVIEW
(AUAR) UPDATE
The original AUAR approved by the City Council in 2002 was to establish
the potential impacts and mitigation plan for those potential impacts
associated with the future development of UnitedHealth Group's 71 acre
site. The original 2002 AUAR expired in April 2007. UnitedHealth
Group desires to reestablish the AUAR by updating the document to be
consistent with current codes, and new traffic and wetland analysis. The
AUAR update is overall consistent with the original AUAR.
John Dietrich presented the second part of this proposal. He said this part
of the proposal is driven by the Environmental Quality Board Regulations.
He stated they looked at potential impacts at what this site plan would
generate, such as traffic, storm water, and infrastructure. Mr. Dietrick
stated they are requesting Commission support of the draft AUAR
document.
Stoelting asked Kipp to review the staff report. Kipp said the City is the
regulatory unit that would oversee the preparation of the document. He
pointed out the public comment period starts today, February 25, 2008,
and will end March 26, 2008. The City will take the comments and put
them into a final AUAR document to be presented to the City Council for
approval. The role of the Planning Commission is to conduct a public
meeting and accept written and oral comments to be entered into record,
review the draft AUAR and determine if it is complete and accurate,
identify potential impacts, identify mitigation plans, and identify potential
impacts that warrant further investigation before the project is
commenced. Kipp said Staff has determined that the AUAR is accurate
and complete with regards to answering the questions. The staff report
identifies potential impacts,which are: fish, wildlife and ecologically
sensitive resources,physical impacts on water resources, erosion and
sedimentation control, water quality, and traffic. Kipp said he believes the
document identifies the impacts and would not warrant further
investigation. Staff recommendation is to accept the AUAR document
and draft mitigation plan as accurate and complete to the City Council.
Stoelting opened the meeting up for public input. There was no input.
MOTION by Kirk, seconded by Seymour, to close the public hearing.
Motion carried 5-0.
MOTION by Kirk, seconded by Seymour, to accept the draft AUAR
document and draft mitigation plan as accurate and complete knowing the
comment period will remain open until March 26, 2008. Motion carried
5-0.
CITY COUNCIL AGENDA DATE:
SECTION: Public Hearing March 18, 2008
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.C.
Community Development 2008 CDBG Funding Recommendations
Janet Jeremiah, Director
Molly Koivumaki, Housing and
Human Services Manager
Requested Action
Move to: Adopt Resolution approving the use of 2008 CDBG funds as recommended by the
Eden Prairie Human Services Committee.
Synopsis
The 2008 CDBG allocation is $256,033.00, which is approximately 4% less than the 2007
allocation. The regulations stipulate that public service funding may not exceed 15 percent of
the City's total allocation, plus 15 percent of the previous year's program income ($110,890).
For the 2008 program year, funding for public services totals $46,000. The Human Services
Review Committee reviewed the 2008 CDBG proposals and recommended the following
activities be funded.
# Human Services Activity Funding County
Level Priority
1 PROP (People Reaching Out to Other People) $13,000 High
2 YMCA (Child Care Subsidy) $8,000 High
3 HOME (Household & Outside Maintenance for $8,000 High
the Elderly)
4 HomeLine (Tenant's Advocacy Service) $5,000 High
5 Emergency Vehicle Repair $12,000 High
Sub Total $46,000
Housing Activities Funding County
Level Priority
6 Housing Rehabilitation Deferred Loan Program $116,684 High
7 Affordable Housing/Land Trust $65,200 High
8 Fair Housing Initiative $2,560 High
9 Program Administration $25,589
Grand Total $256,033
Background Information
2008 Allocation Process
The discussion of how to distribute the 2008 CDBG funds through the Human Services Review
Committee included a complete review of all "Request for Funding" applications and the
distribution percentage of funds in 2007. The Committee's goals were to have the best and
highest use of these funds for human services that demonstrated the most direct benefit to the
community.
Description of Public Service Funding
• HomeLine will receive their requested amount of$5,000, the same amount they received
in 2007, which is 1.95% of the 2008 funding.
• PROP will receive their requested amount of$13,000, the same amount they received in
2007, which is 5.08% of the 2008 funding..
• YMCA will receive their requested amount of$8,000, which is 3.12% of the 2008
funding. The YMCA program provides quality childcare service at Eden Prairie
elementary schools for before and after school care.
• HOME will receive their requested amount of$8,000, which is the same amount they
received in 2007, which is 3.12% of the 2008 funding.
• Emergency Vehicle Repair program will receive their requested about of$12,000 or
4.69% of the 2008 funding. This program, which is administered at no cost to the City of
Eden Prairie by Community Action Partnership of Suburban Hennepin(CAPSH),
estimates spending $3,000 per quarter in emergency vehicle repairs.
Attachment
2008CDBG Summary of Proposals
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2008-
RESOLUTION APPROVING USE OF FUNDS FOR 2008
COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS
WHEREAS,the City of Eden Prairie,as an entitlement community,participates in the Community
Development Block Grant Program; and
WHEREAS, the City of Eden Prairie has developed a proposal for the use of CDBG funds, and
held a public hearing on March 18, 2008, to obtain the views of citizens on the proposed use of
$256,033 for the 2008 Community Development Block Grant Program.
BE IT RESOLVED that the City Council of the City of Eden Prairie approves the following
activities for funding from the Block Grant program, and authorizes and directs the Mayor and the
City Manager to execute Sub recipient and Third Party Agreements on behalf of the City.
ACTIVITIES BUDGET
PROP - Emergency Housing Assistance $ 13,000
Child Care Subsidy $ 8,000
HOME - Household& Outside Maintenance for Elderly $ 8,000
Homeline Tenant's Advocacy Service $ 5,000
Emergency Vehicle Repair $ 12,000
Housing Rehabilitation Deferred Loan Program $ 116,684
Affordable Housing/Land Trust $ 65,200
Fair Housing Initiative $ 2,560
Program Administration $ 25,589
Total $ 256,033
ADOPTED by the City Council of the City of Eden Prairie this 18th day of March, 2008.
Phil Young, Mayor
ATTEST:
Kathleen Porta, City Clerk
2008 CDBG Summary of Proposals
Reviewed by the Human Services Review Committee on January 29, 2008
Activity Agency 2008 Request 2008 Funding 2007 Actual Purpose Clients
Recommended Funding Served
2007
Childcare YMCA $8,000 $8,000 $2,000 Subsidize before and 95*
subsidy after school care for
EP low income
working families
Household Senior Comm. $8,000 $8,000 $8,000 Provide outside 51*
Chore&Main. Services maintenance households
for elderly (HOME) and chore service to
people 60 and older
Tenant HomeLine $5,000 $5,000 $5,000 Provide tenant 160*
Advocacy information and
Services advocacy;tenant
hotline to resolve
tenant/landlord issues
Emergency PROP $13,000 $13,000 $13,000 Emergency financial 26*
Housing assistance for
Assistance rent/mortgage
payments
Vehicle Repair City of Eden $12,000 $12,000 $11,316 Car repair for low- 20*
Prairie income families
Career Jewish Vocational $9,350 $0 $0.00 Career counseling N/A
Development Services and assessment
Services services to 17 EP
residents.
TOTAL $55,350 $46,000** $39,316
* Number served through 2nd quarter of 2007 funding.
**$46,000= 15% of$256,033 (2008 Allocation) = $38,405
+ 8% of$95,620 (2007 Program Income) = $7,595
CITY COUNCIL AGENDA DATE:
SECTION: Public Hearing March 18, 2008
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.D.
Eugene A. Dietz Utility Fee Schedule Amendments
Public Works
Requested Action
Move to:
• Close the public hearing; and
• Adopt Resolution Amending the Fee Schedule for Fees associated with Stormwater Utility,
Water Utility and Wetland Services.
Synopsis
A number of items emerged in 2007 that resulted in this proposal to amend a number of City fees
—discussion with the BAC regarding utility sustainability, a dry spring and early summer
resulting in an unusually high number of lawn irrigation violations and the request by the Riley-
Purgatory-Bluff Creek Watershed District to transfer Local Government Unit(LGU) status to the
City. Council had an opportunity to review the changes at the March 4 City Council meeting.
This resolution incorporates those changes as discussed.
Background Information
FEES FOR WATER
During last summer's enforcement actions, we discovered an inequity in our fee structure—
commercial and industrial accounts do not pay a $1 surcharge for irrigation water, as do our
residential customers. We also found some confusion in distinguishing between a "violation
surcharge" and a "use surcharge". Finally, the provision for exemptions and a cap from a use
surcharge standpoint is proposed to be eliminated. Staff is therefore recommending the
following changes:
• Due to the confusion of the various surcharge nomenclature, we are changing the
verbiage of "violation surcharge" to "non-compliance fee" and the additional $1 per
thousand gallons will continue as a"use surcharge".
• Commercial and industrial accounts generally have special irrigation meters, since they
pay sewer use based on actual water use. It is proposed that all irrigation meters be billed
at the use surcharge rate of $2.65 for 2008 ($1.65 per thousand gallons plus $1
surcharge.)
• We are proposing to move our customers towards monthly billings. As a first step, it is
proposed that the commercial and industrial (C & I) accounts move to monthly billing in
spring, 2008. We would consider residential monthly billings for the first quarter 2009.
• For the C & I accounts, the miscellaneous quarterly charge of$12.50 would convert to $5
per month. This modest increase is the first one since the inception of the miscellaneous
charge in the 70's.
• It is proposed to correct the fee resolution to reflect that the method to increase re-
occurring violation fees is for a three-year running timeframe. This was the original plan,
but the fee resolution was inadvertently written as a two-year running timeframe.
• It is proposed that the artificial cap of $100 for use surcharge be eliminated. In 2007,
43% of our customers received a use surcharge. Of those surcharges, only 6.3% reached
a $100 cap. We discovered that one individual home owner used 590,000 gallons of
water during one quarter last year. The use surcharge of $1 per thousand gallons was
capped at $100, but if no cap had been in place, the resident would have paid a $554
surcharge. Staff recommends that customers pay for this type of flagrant use.
• Staff proposes to eliminate exemptions from the use surcharge. There is no Ordinance or
Code provision for this,but staff has exempted new lawn installations in conjunction with
new home construction in the past. However, it is appropriate that our customers pay the
full cost of lawn irrigation. We will still continue to provide the 30-day odd/even
exemption, but we hope that paying full price will create a conscious decision-making
process on the proper amount of water that is needed to start a new lawn.
• The utility bill currently has a "Miscellaneous Charge" line item. This miscellaneous
charge is the source of funding for our capital projects for sewer and water. A more
descriptive phrase to be called"repair/expansion project fund"will replace that verbiage.
• Staff is creating a new hotline for watering violations that will require leaving a message
but enable multiple staff to access the comments for appropriate action. We discovered
last year that calls being directed only to the Environmental Coordinator created a huge
backup with untimely response.
STORM WATER UTILITY FEES
During discussions with the Budget Advisory Committee (BAC) we acknowledged that we have
not increased storm water rates since the inception of the program in 1996. The BAC
encouraged staff to evaluate our rate structure and capital demand and make appropriate
adjustments. Attached is a preliminary copy of a revised storm water utility fee budget, which
includes a preliminary list of capital projects that are currently unfunded. Staff proposes:
• Storm water utility fees would increase from $3 per quarter to $4 per quarter for single
family residential properties.
• The Ordinance establishing the determination of storm water utility fees is based on
single-family development as being equal to "one". All other rates would increase by
33% as well.
• Commercial and industrial customers going to monthly billings will have their quarterly
billing rates divided by three.
• The income derived from these fees will increase from approximately $650,000 per year
to approximately $860,000 per year.
• There is currently a fund balance in the storm water utility area of$1.034 million, but that
surplus would be exhausted by 2010 at the spending rate shown in the attached budget
without changes to the stormwater utility fee, even without blending in the $3.5 million
of possible capital projects.
WETLAND SERVICES FEES
With the transfer of LGU status of the Riley-Purgatory Bluff Creek Watershed District through
the City, a series of fees and updates are being established to offset costs incurred with this new
responsibility. In summary, these are:
• LGU review fee increased from $75 to $80 per hour for staff time. Actual costs for
consultants would also be utilized.
• LGU deposit for Wetland Conservation Act evaluations for single-family residential
property would be $160.
• LGU deposit for Wetland Conservation Act evaluations on all other properties would be
$1,000.
• LGU deposit for plan review for projects that include a proposal for wetland impacts
would be $3,500.
• Review fees are not refundable,but the balance of any deposits would be refunded.
Attachments
• Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2008-
RESOLUTION TO AMEND REGULATING FEES AND CHARGES FOR BUSINESS
LICENSES, PERMITS AND MUNICIPAL SERVICES
The City Council of the City of Eden Prairie resolves as follows:
ENGINEERING
SERVICE FEE DESCRIPTION
LGU Review
Review Fee $80 Per Hour
Minimum payment is $160 plus cost of review by special
consultants necessary as determined by City Manager. Deposit
required. The deposit, or a portion thereof, will be refunded
after final City Council action on the Development Application
if the total sum deposited is greater than the administrative
review cost or if no City Council action is required the deposit
will be refunded after all site review and monitoring activities
are complete. All costs incurred by the City or their consultant
that exceed the cash deposit balance will be billed to the
Applicant.
LGU Deposit
Single Family $160 An LGU deposit agreement is required for review of wetland
Residential delineations or wetland determinations on single family
residential properties.
Site Review or $1,000 An LGU deposit is required for reviews for wetland
Development Review determinations, no-loss determinations, wetland delineations,
wetland function or value assessments, wetland typing, wetland
buffer strip evaluations or historic wetland conditions.
Wetland Alteration or $3,500 An LGU deposit is required for review of plans that propose
Wetland wetland alteration, including items such as Combined Wetland
Replacement Plan Permit Applications, Sequencing Flexibility proposals, and/or
Review conceptual or final Wetland Replacement Plans.
UTILITIES
SERVICE FEE DESCRIPTION
Lawn Irrigation Restrictions
*Non-compliance Fees for lawn irrigation restrictions and prohibitions
First occurrence $25 Non compliance with odd/even and noon to 5
Second occurrence $50 p.m. lawn irrigation restrictions and prohibitions.
Third occurrence $100 Non-compliance fees are computed over a 3 year
Fourth occurrence $200 rolling time period
Fifth and each $300
subsequent occurrence
Storm Drainage Land Use Quarterly Fee
Single Family Homes $4.00 Each
Multi-family $39.60 Per Acre rates.
Industrial $39.60 Divide each by 3 for monthly rates.
Commercial/Office $51.60
Institutions $44.88
Airport/Landfill $9.84
Parks/Open Space/Golf $5.52
Course
Undeveloped Land $13.20 Each
User Charges
Water - Residential $1.65 Per 1,000 gallons, subject to a minimum of 4,000
gallons per quarter per R.E.C.
Water- Commercial/ $1.65 Per 1,000 gallons, subject to a minimum of 1,000
Industrial gallons per month per R.E.C.
Sewer- Residential $2.00 Per 1,000 gallons, subject to a minimum of 4,000
gallons per quarter per R.E.C.
Sewer- Commercial/ $2.00 Per 1,000 gallons, subject to a minimum of 1,000
Industrial gallons per month per R.E.C.
Water Conservation Surcharge - Individually metered residential customers,
—Individual Residential without irrigation meters, are subject to water
conservation surcharge of$1.00 per 1,000 gallons
for usage exceeding 150% of winter quarter use
or 36,000 gallons per quarter, whichever is
greater, without limit.
Water Conservation Surcharge $1.00 Per 1,000 gallons for all water used, without
- Irrigation only water utility limit.
accounts
Fixed Charges $12.50 Per Quarter
"Repair/Expansion Project Each R.E.C. will be billed $6.25 fixed charge for
Fund" -Residential accounts water and$6.25 fixed charge for sewer. Fixed
charges are billed on the greater of the number of
R.E.C.'s on connections.
Fixed Charges $5.00 Per month
"Repair/Expansion Project Each R.E.C. will be billed $2.50 fixed charge for
Fund" -Non-residential, water and$2.50 fixed charge for sewer. Fixed
including irrigation, accounts charges are billed on the greater of the number of
R.E.C.'s on connections.
All Resolutions of the City of Eden Prairie, Minnesota, relating to fees heretofore adopted are
repealed.
ADOPTED by the City Council of Eden Prairie this 18th day of March, 2008.
Phil Young, Mayor
ATTEST:
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA
DATE:
SECTION: Payment of Claims Mach 18, 2008
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: X.
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 172438— 172824
Wire Transfers 2955 —2974
(2968—2974 US Bank Purchasing Card Payment)
City of Eden Prairie
Council Check Summary
3/18/2008
Division Amount
General 59,091
100 City Manager 358
101 Legislative 1,425
102 Legal Counsel 46,041
110 City Clerk 741
111 Customer Service 3,384
113 Communication Services 9,460
114 Benefits&Training 2,521
116 Facilities 9,635
117 City Center 20,064
119 Cmty Center-Facilities 8,844
130 Assessing 988
132 Housing and Community Services 90
133 Planning 41
135 Information Technology 3,000
137 Economic Development 706
138 Community Development Admin. 468
150 Park Administration 20
151 Park Maintenance 3,958
153 Organized Athletics 5,900
154 Community Center 4,162
156 Youth Programs 2,163
158 Adult Recreation 242
159 Recreation Administration 4,700
160 Therapeutic Recreation 129
162 Arts 4,110
163 Outdoor Center 1,083
180 Police 14,278
184 Fire 16,267
186 Inspections 368
200 Engineering 218
201 Street Maintenance 1,221
301 CDBG 32,691
315 Economic Development 6,290
425 Bldg Refunding Bonds 2004 187,266
502 Park Development 22,930
503 Utility Improvement 22,899
506 Improvment Bonds 1996 5,434
509 CIP Fund 17,857
511 Construction Fund 4,094
515 Fire Station#4 9,897
519 Community Center Expansion 113
521 Trails Referendum 1,992
522 Improvement Projects 2006 6,917
601 Prairie Village Liquor 67,790
602 Den Road Liquor 138,094
603 Prairie View Liquor 78,320
605 Den Road Building 250
701 Water Fund 75,030
702 Sewer Fund 41,505
703 Storm Drainage Fund 22,045
802 494 Commuter Services 8,341
803 Escrow Fund 10,633
807 Benefits Fund 622,682
810 Workers Comp Insurance 645
812 Fleet Internal Service 49,079
813 IT Internal Service 37,285
*** US Bank-Purchasing Cards 28,217
Report Totals 1,723,974
City of Eden Prairie
Council Check Register
3/18/2008
Check# Amount Vendor/Explanation Account Description Business Unit
2955 12,764 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund
2956 17,275 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund
2957 109,094 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits
2958 12,650 US BANK TRUST HRA Health and Benefits
2959 29,045 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits
2960 152,551 WELLS FARGO MINNESOTA N A SS&Medicare Health and Benefits
2961 18,451 DELTA DENTAL PLAN OF MN COBRA Health and Benefits
2962 187,266 ANCHOR BANK Principal Bldg Refunding Bonds 2004
2963 12,831 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund
2964 17,074 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund
2965 110,553 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits
2966 30,498 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits
2967 159,699 WELLS FARGO MINNESOTA N A SS&Medicare Health and Benefits
2974 28,217 US BANK
172438 8,341 MINNEAPOLIS DOWNTOWN COUNCIL General 494 Corridor Commission
172439 320 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center
172440 2,730 ACS GOVERNMENT SYSTEMS INC. Software Maintenance IT Operating
172441 3,751 ACTION FLEET INC Capital Under$10,000 Fleet Operating
172442 124 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie Village Liquor Store
172443 266 ASPEN CARPET CLEANING Janitor Service Prairie Village Liquor Store
172444 527 ASSET RECOVERY CORPORATION Other Hardware IT Operating
172445 6 AUGDAHL,KRIS Operating Supplies Winter Theatre
172446 7,586 BELLBOY CORPORATION Liquor Den Road Liquor Store
172447 228 BLOOMINGTON SECURITY SOLUTIONS Supplies-Security Senior Center
172448 500 BLOOMINGTON,CITY OF Tuition Reimbursement/School Police
172449 57 BLOOMINGTON,CITY OF Other Contracted Services Park Maintenance
172450 121 BOLD,PAULINE Instructor Service Outdoor Center
172451 28 BOYER TRUCKS Equipment Parts Fleet Operating
172452 563 BUCK,BRENT Other Contracted Services Basketball
172453 550 BUCK,JEFFERY Other Contracted Services Basketball
172454 1,496 BUCK,NATHAN Other Contracted Services Volleyball
172455 10 BURNSVILLE HEATING&A/C Cash Over/Short General Fund
172456 209 CADMAN,NICOLE Tuition Reimbursement/School Fitness Classes
172457 448 CARLSON TRACTOR AND EQUIPMENT Equipment Parts Fleet Operating
172458 1,259 CDW GOVERNMENT INC. Other Hardware IT Capital
172459 5,042 CENTERPOINT ENERGY Gas Forest Hills Park
172460 225 COMCAST Dues&Subscriptions City Council
172461 1,590 CORPORATE EXPRESS Other Hardware IT Operating
172462 264 GRIPE,JACQUELYN V Other Contracted Services Volleyball
172463 95 DAVIS BUSINESS MACHINES INC Equipment Repair&Maint Concessions
172464 9,441 DAY DISTRIBUTING Beer Prairie Village Liquor Store
172465 319 DEALER AUTOMOTIVE SERVICES INC Equipment Repair&Maint Fleet Operating
172466 100 DEAN,MARY ANN Refunds Environmental Education
172467 204 DECORATIVE DESIGNS INC Contract Svcs-Garden Rm/Caf. City Hall-CAM
172468 5,155 DELL Other Hardware IT Operating
172469 40 DEM CON LANDFILL LLC Waste Disposal Street Maintenance
172470 62 DESIGN DESIGN Operating Supplies Den Road Liquor Store
172471 62 DRIVERS LICENSE GUIDE CO Printing Police
172472 1,914 EAGLE WINE COMPANY Wine Imported Den Road Liquor Store
172473 1,066 ECOLAB INC Contract Svcs-Pest Control Fire Station#1
172474 1,080 EDEN PRAIRIE FOUNDATION Miscellaneous City Council
172475 110 ELIASON,STEVE J Other Contracted Services Basketball
172476 3,969 EMMONS&OLIVIER RESOURCES INC Other Contracted Services Storm Drainage
172477 548 ETICA FAIR TRADE Wine Imported Prairie View Liquor Store
172478 48 FAGNANT,SUSAN Instructor Service Outdoor Center
172479 90 FERRELLGAS Equipment Parts Fleet Operating
172480 667 FLEET MAINTENANCE INC Equipment Repair&Maint Fleet Operating
172481 88 FORDAHL,TAMARA Other Contracted Services Volleyball
172482 750 FORS,ERICA Other Contracted Services Summer Theatre
172483 649 GE CAPITAL Other Rentals General
172488 2,656 GENUINE PARTS COMPANY Equipment Parts Fleet Operating
Check# Amount Vendor/Explanation Account Description Business Unit
172489 69 GERHARDT,KATHY Tuition Reimbursement/School Fitness Classes
172490 1,080 GOVDELIVERY Software Maintenance IT Operating
172491 229 GRAINGER Supplies-General Bldg Community Center Maintenance
172492 199 GRAND PERE WINES INC Wine Imported Prairie Village Liquor Store
172493 2,284 GRAPE BEGINNINGS Wine Imported Den Road Liquor Store
172494 19,755 GREENSIDE INC Contract Svcs-Snow Removal Fire Station#1
172495 13,854 GRIGGS COOPER&CO Wine Domestic Den Road Liquor Store
172496 5,130 HANSEN THORP PELLINEN OLSON Design&Engineering Storm Drainage Projects
172497 50 HANSEN,LISA A Other Contracted Services Basketball
172498 600 HARLEY CONSULTING&COACHING Other Contracted Services Organizational Services
172499 18 HARTMAN,JEAN Program Fee Red Hat
172500 464 HENNEPIN COUNTY UT DEPT Software Maintenance IT Operating
172501 5,335 HENNEPIN COUNTY TREASURER-TAXP Other Contracted Services Project Fund
172502 30 HOFFMASTER,HOLLY Org Athletic League Fees Volleyball
172503 3,009 HOHENSTEINS INC Beer Den Road Liquor Store
172504 374 HOLMES,TOM Other Contracted Services Volleyball
172505 32 IDEARC MEDIA CORP (VERIZON DI Advertising Prairie View Liquor Store
172506 128 INTEGRA TELECOM Other Contracted Services IT Capital
172507 869 J H LARSON COMPANY Supplies-Electrical City Hall-CAM
172508 1,439 JANCAR,STANISLAY Council Exclusions Improvement Projects 1996
172509 13,460 JJ TAYLOR DIST OF MN Beer Prairie View Liquor Store
172510 18 JOHANNES,JANE Program Fee Red Hat
172512 34,034 JOHNSON BROTHERS LIQUOR CO Wine Domestic Den Road Liquor Store
172513 100 JOHNSON,JOHN Refunds Environmental Education
172514 90 KEATING,MARY Mileage&Parking Housing and Community Service
172515 977 KEEPERS Clothing&Uniforms Police
172516 300 KRAFT,MATTHEW E Other Contracted Services Summer Theatre
172517 600 LAW BULLETIN PUBLISHING CO Other Contracted Services Economic Development
172518 1,122 LAZNIARZ,HENRY Deposits Escrow
172519 100 LEVINE,TRACY Refunds Environmental Education
172520 1,119 LIFE FITNESS Safety Supplies Fire
172521 37 LIFE SAFETY SYSTEMS Cash Over/Short General Fund
172522 106 LINDAHL,DAVID Mileage&Parking Economic Development
172523 750 LUSHINE,PEGGY E Other Contracted Services Winter Theatre
172524 334 M.AMUNDSON LLP Misc Taxable Prairie Village Liquor Store
172525 3,699 MACQUEEN EQUIPMENT INC Equipment Testing/Cert. Fleet Operating
172526 17,822 MARK VII Beer Den Road Liquor Store
172527 200 MEDINA ENTERTAINMENT CENTER Tuition Reimbursement/School Police
172528 34 MENARDS Operating Supplies Street Maintenance
172529 466 METRO FIRE Repair&Maint.Supplies Fire
172530 1,145 METROPOLITAN FORD Equipment Parts Fleet Operating
172531 100 MEYERS,SUZANNE Refunds Environmental Education
172532 282 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store
172533 1,082 MINNESOTA CLIPPING SERVICE Other Contracted Services Communication Services
172534 216 MINNESOTA REVENUE Licenses&Taxes Fleet Operating
172535 625 MINNESOTA TROPHIES&GIFTS Operating Supplies Fire
172536 294 MINNESOTA VALLEY ELECTRIC COOP Electric Prairie Bluff Conservation
172537 318 MTI DISTRIBUTING INC Equipment Parts Fleet Operating
172538 100 MURPHY,TERESA Refunds Environmental Education
172539 163 NATIONAL AUTOMATIC SPRINKLER Cash Over/Short General Fund
172540 1,700 NETSENTIAL.COM INC Software Maintenance Fire
172541 1,203 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store
172542 25 NILSSON,BETH Operating Supplies Ice Show
172543 153 NORTHWEST RESPIRATORY SERVICE Safety Supplies Fire
172544 172 NUCO2 INC Chemicals Pool Maintenance
172545 39 PAPER DIRECT INC Operating Supplies Prairie View Liquor Store
172546 4,270 PAUSTIS&SONS COMPANY Wine Imported Den Road Liquor Store
172547 3,481 PC MALL Other Hardware IT Operating
172548 578 PEPSI COLA COMPANY Merchandise for Resale Concessions
172549 9,221 PHILLIPS WINE AND SPIRITS INC Wine Domestic Den Road Liquor Store
172550 344 PITNEY BOWES Postage General
172551 270 PLEAA Dues&Subscriptions Police
172552 4,626 POWER SYSTEMS Capital Under$10,000 Capital Impr./Maint.Fund
172553 1,875 PRACTICAL SHOOTING ACADEMY INC Tuition Reimbursement/School Police
172554 141 PRAIRIE LAWN AND GARDEN Equipment Repair&Maint Park Maintenance
Check# Amount Vendor/Explanation Account Description Business Unit
172555 492 PRAIRIE OFFSET PRINTING Printing Street Maintenance
172556 653 PRIOR WINE COMPANY Wine Imported Prairie Village Liquor Store
172557 10,343 QUALITY WINE&SPIRITS CO Wine Domestic Den Road Liquor Store
172558 10 QUICKSILVER EXPRESS COURIER Other Contracted Services Communication Services
172559 279 QWEST Telephone Crestwood Park
172560 305 RAV TECHNOLOGIES INC Supplies-Electrical Community Center Maintenance
172561 125 RAY,LEE Other Contracted Services Basketball
172562 367 RCM&ASSOCIATES Operating Supplies IT Operating
172563 100 REESE,RANDALL Refunds Environmental Education
172564 100 ROSENWINKEL,EDWARD Refunds Environmental Education
172565 100 SCHRAM,SCOTT Refunds Environmental Education
172566 35 SCHUG,DIANA Program Fee Trips
172567 150 SCRAP METAL PROCESSORS INC Equipment Repair&Maint Fleet Operating
172568 12 SEATON,ROBYN Operating Supplies Winter Theatre
172569 3,097 SENIOR COMMUNITY SERVICES Refunds CDBG-Public Service
172570 184 SHAMROCK GROUP,INC-ACE ICE Misc Non-Taxable Prairie Village Liquor Store
172571 20,055 SHORT ELLIOTT HENDRICKSON INC Design&Engineering Construction Fund
172572 3 SHRED-IT Operating Supplies Fire
172573 205 SNAP-ON TOOLS Small Tools Fleet Operating
172574 2,666 SOUTHWEST SUBURBAN PUBLISHING- Printing Communication Services
172575 2,470 SPRINT Wireless Subscription IT Operating
172576 9,643 SRF CONSULTING GROUP INC Other Contracted Services Storm Drainage
172577 89 STANLEY SECURITY SOLUTIONS INC Contract Svcs-Security Community Center Maintenance
172578 441 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Operating
172579 476 STREICHERS Clothing&Uniforms Police
172580 402 SUBURBAN CHEVROLET Equipment Parts Fleet Operating
172581 351 SURLY BREWING CO Beer Den Road Liquor Store
172582 59 TARPEY,KARI Operating Supplies Tennis
172583 15,257 THORPE DISTRIBUTING Beer Prairie View Liquor Store
172584 534 TRUE FABRICATIONS Misc Taxable Den Road Liquor Store
172585 274 TWIN CITY OXYGEN CO Equipment Parts Fleet Operating
172586 2,047 UNCOMMON GATHERINGS Operating Supplies Winter Theatre
172587 764 UNIFORMS UNLIMITED Clothing&Uniforms Police
172588 242 UNITED STATES MECHANICAL INC Contract Svcs-Plumbing Community Center Maintenance
172589 105 UNLIMITED SUPPLIES INC Equipment Parts Fleet Operating
172590 7,233 VALLEY RICH CO INC Deposits Escrow
172591 60 VERIZON WIRELESS Wireless Subscription IT Operating
172592 890 VINO SOURCE,THE Wine Imported Den Road Liquor Store
172593 3,347 VINOCOPIA Liquor Den Road Liquor Store
172594 25,169 VR BUILDERS Other Contracted Services Rehab
172595 33 VSA INC Video&Photo Supplies Police
172596 1,120 WALL TRENDS INC Supplies-General Bldg Community Center Maintenance
172597 88 WALLIN,DANIEL Mileage&Parking Inspections-Administration
172598 680 WATSON CO INC,THE Merchandise for Resale Concessions
172599 195 WEEDMAN,NICOLE Mileage&Parking Youth Programs Administration
172600 242 WESTWOOD PROFESSIONAL SERVICES Other Contracted Services Storm Drainage
172601 112 WHITE,NICOLE Mileage&Parking Therapeutic Rec Administration
172602 3,486 WINE COMPANY,THE Wine Imported Den Road Liquor Store
172603 2,871 WINE MERCHANTS INC Wine Domestic Den Road Liquor Store
172604 492 WORLD CLASS WINES INC Wine Imported Den Road Liquor Store
172605 141 BARBER,JEFF COBRA Health and Benefits
172606 335 MINNESOTA CHIEFS OF POLICE ASS Tuition Reimbursement/School Police
172607 30 MINNESOTA STATE FIRE MARSHAL Tuition Reimbursement/School Fire
172608 45 MSTMA Conference Expense Park Maintenance
172609 1,511 US POSTMASTER-HOPKINS Postage Water Accounting
172610 101 3M Equipment Repair&Maint Traffic Signals
172611 511 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center
172612 110 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events
172613 245 ACTION FLEET INC Equipment Repair&Maint Fleet Operating
172614 293 AERO DRAPERY AND BLIND Contract Svcs-General Bldg Police City Center
172615 11,316 AIM ELECTRONICS Other Assets Capital Impr./Maint.Fund
172616 1,484 AIR-HYDRAULIC SYSTEMS INC. Equipment Parts Water Treatment Plant
172617 38 ALTERNATIVE BUSINESS FURNITURE Capital Under$10,000 Furniture
172618 468 AMERICAN PLANNING ASSN Dues&Subscriptions Community Development Admin.
172619 150 AMERICAN RED CROSS Licenses,Permits,Fees Pool Lessons
Check# Amount Vendor/Explanation Account Description Business Unit
172620 177 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store
172621 156 AMETEK Equipment Parts Water Treatment Plant
172622 1,081 AQUA LOGIC INC Contract Svcs-General Bldg Pool Maintenance
172623 175 ATOM Dues&Subscriptions Police
172624 240 AVI SYSTEMS INC Equipment Repair&Maint Communication Services
172625 3,025 BARR ENGINEERING COMPANY Other Contracted Services Storm Drainage
172626 33 BEARING INDUSTRIAL&SUPPLIES Equipment Parts Water Treatment Plant
172627 5,287 BELLBOY CORPORATION Liquor Den Road Liquor Store
172628 36 BERRY,SUSAN Memberships Community Center Admin
172629 1,528 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations-General
172630 132 BLOOMINGTON SECURITY SOLUTIONS Supplies-Security Senior Center
172631 645 BLOOMINGTON,CITY OF Other Contracted Services Animal Control
172632 988 BME CONSULTING Other Contracted Services Assessing
172633 40 BOLD,PAULINE Instructor Service Outdoor Center
172634 143 BOYER TRUCKS Equipment Parts Fleet Operating
172635 76 BRACE,LANCE Tuition Reimbursement/School Police
172636 1,992 BRAUN INTERTEC CORPORATION Improvement Contracts Trails Referendum
172637 192 BRO-TEX INC Equipment Parts Fleet Operating
172638 1,216 BUNCH,DENISE H Other Contracted Services Fitness Classes
172639 1,664 CARDIAC SCIENCE CORPORATION Training Supplies Fire
172640 50 CAREER SERVICES Tuition Reimbursement/School Police
172641 49 CARLSON TRACTOR AND EQUIPMENT Equipment Parts Fleet Operating
172642 2 CARLSON,DUANE Memberships Community Center Admin
172643 100 CARR,KATHLEEN Refunds Environmental Education
172644 3,000 CARTEGRAPH SYSTEMS INC Software Maintenance Information Technology
172645 107 CATCO PARTS SERVICE Equipment Parts Fleet Operating
172646 3,639 CENTURYTEL Telephone IT Operating
172647 212 CHOICE INC Other Contracted Services Prairie Village Liquor Store
172648 1,721 CLAREYS INC Safety Supplies Fleet Operating
172649 100 CODY,JAN Refunds Environmental Education
172650 367 COLLEGIATE PACIFIC Recreation Supplies Volleyball
172651 60 COMCAST Dues&Subscriptions City Council
172652 60 CONNEY SAFETY PRODUCTS Office Supplies General
172653 856 CORPORATE EXPRESS Office Supplies General
172654 7,137 COSTCO Capital Under$10,000 Fire Station#4
172655 17 COSTCO Operating Supplies Teen Programs
172656 32 CUMMINS NPOWER LLC Equipment Parts Fleet Operating
172657 6,212 DAY DISTRIBUTING Beer Den Road Liquor Store
172658 238 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General
172659 6,042 DELL Other Hardware Capital Impr./Maint.Fund
172660 280 DEPARTMENT OF LABOR AND INDUST Conference Expense Inspections-Administration
172661 470 DESIGN DESIGN Misc Taxable Den Road Liquor Store
172662 238 DIAMOND MOWERS INC Equipment Parts Fleet Operating
172663 80 DIRECTV Cable TV Community Center Admin
172664 300 DUDA PLUMBING SERVICE INC Contract Svcs-Plumbing Public Works/Parks
172665 1,395 EAGLE WINE COMPANY Wine Imported Den Road Liquor Store
172666 1,256 EARL F ANDERSEN INC Repair&Maint.Supplies Storm Drainage
172667 100 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous City Council
172668 217 EDEN PRAIRIE NOON ROTARY CLUB Miscellaneous Police
172669 247 EDEN PRAIRIE ROTARY CLUB Miscellaneous Fire
172670 92 ELIASON,STEVE J Other Contracted Services Basketball
172671 4,837 EPA AUDIO VISUAL INC Other Hardware IT Operating
172672 288 ESBENSEN,GEORGE Travel Expense Fire
172673 44 FAGNANT,SUSAN Instructor Service Outdoor Center
172674 2,124 FB LEOPOLD COMPANY INC,THE Equipment Parts Water Treatment Plant
172675 1,808 FIRENET SYSTEMS INC Building Repair&Maint. Water Treatment Plant
172676 363 FISHER SCIENTIFIC Process Control Equipment Water Treatment Plant
172677 1,410 FOURTH JUDICIAL DISTRICT Printing Police
172678 1,442 G&K SERVICES-MPLS INDUSTRIAL Janitor Service Utility Operations-General
172679 1,975 GARDEN ROOM FRATELLI'S GARDEN Special Event Fees Special Events&Trips
172680 217 GE CAPITAL Other Rentals General
172681 2 GINA MARIAS INC Operating Supplies Fire
172682 885 GOOD,JAMIE Tuition Reimbursement/School Organizational Services
172683 414 GOPHER STATE ONE-CALL INC OCS-Leak Detection Water System Maintenance
172684 482 GRAINGER Cleaning Supplies Utility Operations-General
Check# Amount Vendor/Explanation Account Description Business Unit
172685 521 GRAPE BEGINNINGS Wine Domestic Prairie View Liquor Store
172686 15,154 GRAYMONT Treatment Chemicals Water Treatment Plant
172687 50,848 GREGERSON ROSOW JOHNSON&NILA Legal Legal Criminal Prosecution
172688 13,449 GRIGGS COOPER&CO Wine Domestic Den Road Liquor Store
172689 100 GUTTMAN,JOE Refunds Environmental Education
172690 100 HALBARDIER,ARTHUR Refunds Environmental Education
172691 2,723 HANSEN THORP PELLINEN OLSON Design&Engineering Utility Improvement Fund
172692 200 HARLEY CONSULTING&COACHING Other Contracted Services Organizational Services
172693 22,262 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Operating
172694 12,820 HAWKINS INC Treatment Chemicals Water Treatment Plant
172695 50 HENNEPIN CHIEF'S ASSOCIATION Tuition Reimbursement/School Police
172696 10 HENNEPIN COUNTY GIS USER GROUP Dues&Subscriptions IT Operating
172697 1,253 HENNEPIN COUNTY SHERIFF'S OFFI Board of Prisoner Police
172698 139 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Guide Plan
172699 4,652 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire
172700 830 HIGHWAY TECHNOLOGIES INC Repair&Maint.Supplies Storm Drainage
172701 176 HOLMES,TOM Other Contracted Services Volleyball
172702 1,275 IAAI-2008 ATC Conference Expense Fire
172703 576 ICI DULUX PAINT CTRS Repair&Maint.Supplies Water Treatment Plant
172704 450 1ND SCHOOL DIST 272 Conference Expense IT Operating
172705 555 INDUSTRIAL FLOOR MAINTENANCE I Equipment Parts Fleet Operating
172706 105 JANEX INC Cleaning Supplies City Hall-CAM
172707 7,953 JJ TAYLOR DIST OF MN Beer Prairie View Liquor Store
172708 550 JOHN HENRY FOSTER MINNESOTA IN Maintenance Contracts Water Treatment Plant
172710 26,301 JOHNSON BROTHERS LIQUOR CO Transportation Den Road Liquor Store
172711 50 JOHNSON,NORM OR ELLEN Refunds Environmental Education
172712 100 KEELEY,SHERYL Refunds Environmental Education
172713 504 KEEPERS Clothing&Uniforms Fire
172714 1,864 KORTERRA,INC Other Assets Utility Improvement Fund
172715 115 KRAMER,TRENT C Other Contracted Services Basketball
172716 995 LAB SAFETY SUPPLY INC Cleaning Supplies Utility Operations-General
172717 5,281 LANO EQUIPMENT INC Machinery&Equipment Storm Drainage
172718 836 LITTLE FALLS MACHINE INC Equipment Parts Fleet Operating
172719 6,280 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Operating
172720 9,668 MARK VII Misc Taxable Den Road Liquor Store
172721 979 MASTER CRAFT LABELS INC Fire Prevention Supplies Fire
172722 131 MATTS AUTO SERVICE INC Equipment Repair&Maint Fleet Operating
172723 2 MEENDERING,MARLIN Memberships Community Center Admin
172724 435 MENARDS Operating Supplies Fire
172725 128 MERLINS ACE HARDWARE Supplies-General Bldg Community Center Maintenance
172726 955 METROPOLITAN FORD Equipment Parts Fleet Operating
172727 543 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie View Liquor Store
172728 6,000 MIDWEST DESIGN CO Other Contracted Services Communication Services
172729 7,329 MILLER,JAMES AND SUSAN Building Repair&Maint. Sewer Utility-General
172730 100 MILLER,JOHN Refunds Environmental Education
172731 310 MINNESOTA AWWA Conference Expense Utility Operations-General
172732 69 MINNESOTA CONWAY Safety Supplies Fire
172733 113 MINNESOTA DEPARTMENT OF TRANSP Operating Supplies Street Maintenance
172734 240 MINNESOTA PRINT MANAGEMENT LLC Operating Supplies General
172735 85 MINVALCO INC Supplies-HVAC Dunn Brothers
172736 158 MORAN USA,LLC Misc Taxable Den Road Liquor Store
172737 35 MPPOA Dues&Subscriptions Police
172738 480 MRPA Conference Expense Park Maintenance
172739 621 MTI DISTRIBUTING INC Equipment Parts Fleet Operating
172740 288 NEAL,SCOTT Travel Expense City Manager
172741 10 NEBRASKA RURAL WATER ASSOCIATI Employment Advertising Water Treatment Plant
172742 62 NELSON,ALLEN M. Office Supplies Fire
172743 641 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store
172744 1,855 NEWMECH Maintenance Contracts Water Treatment Plant
172745 716 NFPA Dues&Subscriptions Fire
172746 28 NORCOSTCO Operating Supplies Arts Initiative
172747 11,773 NORTHLAND BUSINESS SYSTEMS Miscellaneous IT Operating
172748 11 NS/I MECHANICAL Cash Over/Short General Fund
172749 700 NUTRITIONAL WEIGHT&WELLNESS Safety Supplies Fire
172750 130 OLSEN COMPANIES Small Tools Water Treatment Plant
Check# Amount Vendor/Explanation Account Description Business Unit
172751 126 PACIFIC DIRECT Misc Taxable Den Road Liquor Store
172752 100 PALMISANO,MARY Refunds Environmental Education
172753 201 PAPER DIRECT INC Operating Supplies Arts Initiative
172754 376 PARK EQUIPMENT COMPANY INC Equipment Repair&Maint Park Maintenance
172755 434 PARK NICOLLET CLINIC Other Contracted Services Workers Comp Insurance
172756 224 PAT KERNS WINE MERCHANTS Wine Domestic Prairie Village Liquor Store
172757 4,037 PAUSTIS&SONS COMPANY Wine Imported Prairie Village Liquor Store
172758 101 PC MALL Other Hardware Den Road Liquor Store
172759 83 PEPSI COLA COMPANY Misc Taxable Prairie Village Liquor Store
172760 12,570 PHILLIPS WINE AND SPIRITS INC Wine Domestic Den Road Liquor Store
172761 53 PORTA,KITTY Mileage&Parking City Clerk
172762 3,209 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Ice Arena Maintenance
172763 31 PRAIRIE LAWN AND GARDEN Equipment Repair&Maint Park Maintenance
172764 111 PRIOR WINE COMPANY Wine Imported Den Road Liquor Store
172765 2,840 PRISTINE WATER SOLUTIONS Treatment Chemicals Water Treatment Plant
172766 228 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
172767 12,020 QUALITY WINE&SPIRITS CO Wine Domestic Prairie Village Liquor Store
172768 104 RAY,LEE Other Contracted Services Basketball
172769 235 RICHARDSON,JIM Other Contracted Services Police
172770 19 RICHFIELD,CITY OF Operating Supplies Fleet Operating
172771 211 RIDGEVIEW MEDICAL CENTER Other Contracted Services Workers Comp Insurance
172772 200 RIGHTWAY GLASS INC Equipment Parts Fleet Operating
172773 139 SHAMROCK GROUP,INC-ACE ICE Misc Non-Taxable Prairie Village Liquor Store
172774 33,058 SKATRUD,TODD AND LOIS Building Repair&Maint. Sewer Utility-General
172775 144 SNAP-ON TOOLS Equipment Parts Fleet Operating
172776 3,689 SOUTHDALE YMCA-CHILD CARE Refunds CDBG-Public Service
172777 131 SPRI PRODUCTS INC Operating Supplies Fitness Classes
172778 58 SPRINGER,KIP Tuition Reimbursement/School Fire
172779 186 SPS COMPANIES Equipment Parts Water Treatment Plant
172780 955 SRF CONSULTING GROUP INC Other Contracted Services Economic Development Fund
172781 14,939 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Treatment Plant
172782 503 ST JOSEPH EQUIPMENT INC Equipment Parts Fleet Operating
172783 68 STAR TRIBUNE Dues&Subscriptions Prairie View Liquor Store
172784 63 STRAND MANUFACTURING CO INC Equipment Repair&Maint Sewer Liftstation
172785 726 STRATUM ONE FITNESS EQUIPMENT Equipment Repair&Maint Police
172786 2,493 STREICHERS Clothing&Uniforms Police
172787 190 SUBURBAN CHEVROLET Equipment Parts Fleet Operating
172788 760 SUN NEWSPAPERS Employment Advertising Organizational Services
172789 20,745 SUNRAM CONSTRUCTION Improvements to Land Park Acquisition&Development
172790 285 TAYLOR,SCOTT Conference Expense Fire
172791 12,071 THORPE DISTRIBUTING Beer Den Road Liquor Store
172792 650 THYSSENKRUPP ELEVATOR CORPORAT Maintenance Contracts Water Treatment Plant
172793 1,487 TOTAL REGISTER Software Maintenance Prairie View Liquor Store
172794 64 TRI-ANIM HEALTH SERVICES INC Training Supplies Fire
172795 150 TWIN CITIES ARMA Conference Expense City Clerk
172796 85 TWIN CITY AREA LABOR MGMT COUN Conference Expense Street Maintenance
172797 46 TWIN CITY OXYGEN CO Repair&Maint.Supplies Sewer System Maintenance
172798 2,037 UNITED STATES MECHANICAL INC Contract Svcs-Plumbing Community Center Maintenance
172799 212 UPS Postage Fire
172800 4,700 US POSTMASTER-HOPKINS Postage Community Brochure
172801 1,985 VALLEY RICH CO INC Equipment Repair&Maint Water System Maintenance
172802 977 VARGAS,JOSHUA A Other Contracted Services Basketball
172803 2,271 VESSCO INC Equipment Parts Water Treatment Plant
172804 296 VINO SOURCE,THE Liquor Den Road Liquor Store
172805 387 VINTAGE ONE WINES INC Wine Domestic Prairie Village Liquor Store
172806 100 VOHNOUTKA,BOB Refunds Environmental Education
172807 100 VWR INTERNATIONAL INC Laboratory Chemicals Water Treatment Plant
172808 229 W P&R S MARS CO Office Supplies Utility Operations-General
172809 1,173 WATER SPECIALTY OF MN INC Chemicals Pool Maintenance
172810 2,100 WATERLOO HYDROGEOLOGIC INC OCS-Well Field Mgmt Water Treatment Plant
172811 892 WATSON CO INC,THE Merchandise for Resale Concessions
172812 2,276 WINE COMPANY,THE Wine Imported Den Road Liquor Store
172813 2,273 WINE MERCHANTS INC Transportation Prairie View Liquor Store
172814 1,038 WM MUELLER AND SONS INC Gravel Water System Maintenance
172815 3,750 WORLD CLASS WINES INC Wine Imported Prairie Village Liquor Store
Check# Amount Vendor/Explanation Account Description Business Unit
172816 83 WUOLLET BAKERY INC Operating Supplies Fire
172817 8,112 YALE MECHANICAL INC Equipment Repair&Maint Water Wells
172818 60 YSI INCORPORATED Operating Supplies Park Maintenance
172819 396 ZAHN,GERALD Other Contracted Services Volleyball
172820 114 ZEP MANUFACTURING CO Equipment Parts Fleet Operating
172821 574 ZIEGLER INC Contract Svcs-Electrical Public Works/Parks
172822 60 ZURN,REVONDA Program Fee Special Events&Trips
172823 1,234 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund
172824 600 NCT INC Instructor Service Utility Operations-General
1,723,974 Grand Total
City of Eden Prairie
Council Check Register
US Bank Purchasing Cards
2/20/2008 Payment Date-#2974
Amount Explaination Vendor Account Discription Business Unit
17 US-Small Tools MENARDS Small Tools Sewer System Maintenance
116 US-Shop Supplies MENARDS Small Tools Sewer System Maintenance
40 US-Small Tools MENARDS Small Tools Sewer System Maintenance
3,797 US-Water Main Locater NORTHERN WATER WORKS SUPPLY Machinery&Equipment Water System Maintenance
95 US-Leadership Conference UNIVERSITY OF MINNESOTA Conference Expense Communication Services
10 US-NIK Cert-John Wilson THE BACKUP TRAINING CORP Tuition Reimbursement/School Police
103 US-Hotel-R.Olson-Inves.Class COUNTRY INN&SUITES Tuition Reimbursement/School Police
244 US-Neck Protec-Dept Train. GEAR ZONE Training Supplies Police
980 US-Tactical Conf-7 Officers SOTA Tuition Reimbursement/School Police
10 US-NIK Cert-S.Mittelstadt THE BACKUP TRAINING CORP Tuition Reimbursement/School Police
735 US-Tactical Conf-7 Officers SOTA Tuition Reimbursement/School Police
150 US-Tactical Conf-7 Officers SOTA Tuition Reimbursement/School Police
519 US-Travel-Conf-R.Kapaun NORTHWEST AIRLINES Tuition Reimbursement/School Police
519 US-Travel-Conf-A.Rohde NORTHWEST AIRLINES Tuition Reimbursement/School Police
20 US-Agent Fee NORTHWEST AIRLINES Tuition Reimbursement/School Police
20 US-Agent Fee NORTHWEST AIRLINES Tuition Reimbursement/School Police
10 US-NIK Cert-Todd Groves THE BACKUP TRAINING CORP Tuition Reimbursement/School Police
100 US-Train.Class-L.Soppeland ATOM Tuition Reimbursement/School Police
513 US-Training Video GAVIN DE BECKER&ASSOCIATES Training Supplies Police
123 US-DOT Inspection Stickers MINNESOTA STATE PATROL Licenses&Taxes Fleet Operating
71 US-Batter Boxes'Supplies MENARDS Repair&Maint.Supplies Park Maintenance
6 US-Batter Boxes'Supplies MENARDS Repair&Maint.Supplies Park Maintenance
16 US-New Const.Phone Covr. VERIZON WIRELESS Equipment Parts Water System Maintenance
100 US-GreenExpo-Food-6 Emp SPIKE'S SPORTS BAR Conference Expense Park Maintenance
98 US-CPR Training Lunch DAVANNI'S PIZZA Miscellaneous Sewer System Maintenance
97 US-CPR Training Lunch DAVANNI'S PIZZA Miscellaneous Sewer System Maintenance
243 US-Gloves-35 pairs OLSEN COMPANIES Repair&Maint.Supplies Sewer System Maintenance
31 US-Batteries HOME DEPOT CREDIT SERVICES Operating Supplies Fitness Classes
23 US-SW Metro FireChiefsMtg PANERA BREAD Operating Supplies Fire
199 US-Cover.for Hoiday Party BUCA Operating Supplies Fire
208 US-School Books-K.Cummins HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire
68 US-School Books-K.Cummins HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire
35 US-Fire Call Standby PDQ DELI MART Operating Supplies Fire
84 US-CAD Demo Lunch PANERA BREAD Operating Supplies Fire
75 US-Interview Panel Lunch PANERA BREAD Operating Supplies Fire
135 US-CAD Demo Food CHIPOTLE Operating Supplies Fire
12 US-MNFac Meeting SWEETWATER GRIL Operating Supplies Fire
212 US-CAD Demo Food D BRIAN'S DELI&CATERING Operating Supplies Fire
268 US-CAD Demo Food BUCA Operating Supplies Fire
38 US-CAD Demo Food PANERA BREAD Operating Supplies Fire
266 US-Fire Ed Conf-M.Stein ARROWHEAD RESORT&CONFERENCE Conference Expense Fire
266 US-Fire Ed Conf-T.Schmitz ARROWHEAD RESORT&CONFERENCE Conference Expense Fire
119 US-Cancelled-Credit 3/6/08 BALLY'S LAS VEGAS Conference Expense Fire
4 US-Park Maint.Supplies MENARDS Operating Supplies Park Maintenance
26 US-Park Maint.Supplies MENARDS Operating Supplies Park Maintenance
332 US-FeedrmTools&Tap&Die SEARS EDEN PRAIRIE Small Tools Water Treatment Plant
156 US-Filter Controllers Repair AMETEK Equipment Repair&Maint Water Treatment Plant
103 US-Hose Valve Repair Kit POK Equipment Repair&Maint Water Treatment Plant
425 US-Security Signs MY SECURITY SIGN.COM Signs Utility Operations-General
111 US-Outdoor Ctr Supplies MENARDS Building Repair&Maint. Park Maintenance
31 US-JobsFair/Property Mtg TARGET Miscellaneous Housing and Community Service
13 US-Copy Machine Air Filter AMAZON.COM Office Supplies General
107 US-Binders-Ruzak&Kerns FRANKLIN COVEY CO. Office Supplies General
66 US-Charit.CampaignBreakf RAINBOW FOODS INC. Other Contracted Services Organizational Services
154 US-LEEP Training Supplies TRAINER'S WAREHOUSE Training Supplies Organizational Services
271 US-LEEP Challenge Book INTERNATIONAL LEADERSHIP ASSOC Training Supplies Organizational Services
11 US-EP On-Track Supplies WALMART COMMUNITY Training Supplies Organizational Services
165 US-Seminar-Karen Kurt EMPLOYERS ASSOCIATION INC Conference Expense Human Resources
-53 US-Credit on Binders FRANKLIN COVEY CO. Office Supplies General
103 US-Lunch-Officer Interviews DAVANNI'S PIZZA Training Supplies Organizational Services
37 US-Books-J.Eck Training AMAZON.COM Training Supplies Organizational Services
60 US-Lunch-Officer Interviews DAVANNI'S PIZZA Training Supplies Organizational Services
139 US-Books-J.Eck Training BARNES&NOBLE Training Supplies Organizational Services
95 US-Profess.Develop.Semin. CARLSON SCHOOL OF MANAGEMENT Conference Expense Communication Services
5,763 US-Dec'07 Bldg Surcharges DEPT OF LABOR&INDUSTRY Building Surcharge General Fund
631 US-Dec'07 Bldg Surcharges DEPT OF LABOR&INDUSTRY Mechanical Surcharge General Fund
111 US-Dec'07 Bldg Surcharges DEPT OF LABOR&INDUSTRY Plumbing Surcharge General Fund
149 US-Payflow Process.Change PAYPAL INC Bank and Service Charges Inspections-Administration
48 US-Budget Train.Seminar GFOA Training Supplies Finance
Amount Explaination Vendor Account Discription Business Unit
118 US-Payroll Inform Material AMERICAN PAYROLL ASSOCIATION Audit&Financial Finance
140 US-Sr Trip Coffee Concert ST PAUL CHAMBER ORCHESTRA Special Event Fees Trips
166 US-EPCC Concessions CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions
170 US-Equip-Silver Sneakers AXIA HEALTH MANAGEMENT Operating Supplies Fitness Classes
35 US-EPCC Concessions KOWALSKI'S MARKET Merchandise for Resale Concessions
79 US-Small Tools MENARDS Small Tools Storm Drainage
228 US-Reimb.by K.Beal NORTHWEST AIRLINES Deposits Escrow
115 US-IABC Conference IABC Conference Expense Communication Services
9 US-IABC Confer.Parking DOWNTOWN AUTO PARK Mileage&Parking Communication Services
73 US-Arts Center Meeting D BRIAN'S DELI&CATERING Miscellaneous City Council
65 US-Exec Lunch-D.Lindahl BIZ BOOKS INC Miscellaneous Assessing
65 US-Exec Lunch-P.Young BIZ BOOKS INC Miscellaneous Assessing
95 US-Council Wkshop Food CHANTICLEAR PIZZA Miscellaneous City Council
420 US-NLC Conf-Scott Neal NATIONAL LEAGUE OF CITIES Conference Expense City Manager
231 US-Council Wkshop Food D BRIAN'S DELI&CATERING Miscellaneous City Council
41 US-Travel Insur-NLC Conf NORTHWEST AIRLINES Travel Expense City Manager
206 US-Airfare to NLC Conf NORTHWEST AIRLINES Travel Expense City Manager
206 US-Airfare Reimbursed NORTHWEST AIRLINES Travel Expense City Manager
206 US-Airfare Reimbursed NORTHWEST AIRLINES Travel Expense City Manager
97 US-Food-Board&Comm. PANERA BREAD Miscellaneous City Council
8 US-Blog TIGER TECHNOLOGIES Software Information Technology
35 US-NLC Conf-G.Esbensen NATIONAL LEAGUE OF CITIES Conference Expense City Manager
86 US-Barricade A-Frames HOME DEPOT CREDIT SERVICES Equipment Parts Storm Drainage
94 US-Barricade Supplies HOME DEPOT CREDIT SERVICES Equipment Parts Storm Drainage
66 US-Shop Supplies HOME DEPOT CREDIT SERVICES Small Tools Sewer System Maintenance
112 US-Signals-Tools SEARS EDEN PRAIRIE Small Tools Traffic Signals
20 US-Boil.Lic.Renew.C.Dalbec DEPARTMENT OF LABOR AND INDUST Licenses&Taxes Water Treatment Plant
219 US-Airfare to LLMC Conf NORTHWEST AIRLINES Travel Expense City Clerk
16 US-Food-LLMC Conference MARRIOTT HOTELS Conference Expense City Clerk
22 US-Barr.Paint/Truck PVC MENARDS Operating Supplies Street Maintenance
93 US-Cards for Membership CDW GOVERNMENT INC. Office Supplies Community Center Admin
93 US-Locker Rm Blow Dryers AMBIENT WEATHER Operating Supplies Community Center Admin
25 US-Job Fair Team Lunch KOWALSKI'S MARKET Employee Award Community Center Admin
32 US-Fitness Equip Supplies HOME DEPOT CREDIT SERVICES Operating Supplies Pool Operations
5 US-Street Sign Supplies MENARDS Operating Supplies Traffic Signs
1,042 US-Shelves for Meter Room RAND Small Tools Water Metering
545 US-Tool Holders Peg Board C&H DISTRIBUTORS LLC Small Tools Water Metering
54 US-Gas-North.Birding Trip AMOCO OIL COMPANY Operating Supplies Outdoor Center
133 US-Battery-UnderwaCamera GANDER MOUNTAIN Operating Supplies Outdoor Center
39 US-Paint and Stain MENARDS Operating Supplies Park Maintenance
21 US-Single Bit Axe MENARDS Operating Supplies Park Maintenance
359 US-Water Treat.Oper.Ad FORUM Employment Advertising Utility Operations-General
53 US-Water Treat.Oper.Ad JOB TARGET.COM Employment Advertising Utility Operations-General
95 US-Extended Learning Class MINNESOTA STATE UNIVERSITY Conference Expense Youth Programs Administration
468 US-PreSchool-Sesame St. TARGET CENTER Special Event Fees Special Events&Trips
1,287 US-Live Well Promo Items POSITIVE PROMOTIONS Operating Supplies Recreation Administration
18 US-PreSchool-Sesame St. TARGET CENTER Special Event Fees Special Events&Trips
60 US-Father Daughter Dance PAPER DIRECT INC Operating Supplies Special Events&Trips
206 US-Father Daughter Dance ORIENTAL TRADING Operating Supplies Special Events&Trips
43 US-Pk Bldg Phone-Rinks TRACFONE Telephone Forest Hills Park
37 US-Suppl.for Season.Staff OFFICE DEPOT CREDIT PLAN Operating Supplies Youth Programs Administration
32 US-Pk Bldg Phone-Rinks TRACFONE Telephone Edenvale Park
21 US-Director Ad-One Acts TC THEATRE AND FILM Advertising Arts Initiative
16 US-BusinessCards-OneActs OFFICEMAX CREDIT PLAN Operating Supplies Arts Initiative
13 US-Prairie Fest Event Drinks TARGET Operating Supplies Youth Programs Administration
11 US-Staff Training Supplies TARGET Operating Supplies Therapeutic Rec Administration
10 US-Staff Training Supplies LUNDS Operating Supplies Therapeutic Rec Administration
30 US-Staff Training Food DAVANNI'S PIZZA Operating Supplies Therapeutic Rec Administration
45 US-EPCC Open House Supp. PARTY AMERICA Special Event Fees Community Center Admin
26 US-Sat Night Out Supplies OFFICE DEPOT CREDIT PLAN Operating Supplies Community Center Admin
23 US-Sat Night Out Beverage KOWALSKI'S MARKET Operating Supplies Teen Programs
15 US-Sat Night Out Supplies PARTY AMERICA Operating Supplies Teen Programs
115 US-Software for Assessing IHS Software IT Operating
54 US-Web Security-E-mails PAYPAL INC Software Maintenance IT Operating
65 US-GIS Conference GEOSPATIAL INFORMATON&TECHNO Conference Expense IT Operating
30 US-Environ.Quality Book MINNESOTA'S BOOKSTORE Operating Supplies Planning
70 US-Collaboration Mtg/SRF PANERA BREAD Miscellaneous Economic Development Fund
28,217 Grand Total
CITY COUNCIL AGENDA DATE:
SECTION: Ordinances and Resolutions March 18, 2008
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XI.A.
Community Development/Planning Dynamic Display Ordinance - 1st
Janet Jeremiah Reading
Regina Herron
Requested Action
Move to:
• Remove from table and reopen discussion; and
• Approve lst Reading of the Ordinance relating to signs with dynamic display.
Synopsis
The staff has amended the ordinance in the following areas.
1. Dynamic display would be permitted in the TC-C (commercial) district of the Town
Center. There are 3 sub-districts of the Town Center, including commercial, mixed use and
residential. Dynamic display would be prohibited in the TC-MU (mixed use) and TC-R
(residential) districts of the Town Center.
2. Dynamic display would be permitted in the Public (PU) district. This would apply to
schools,parks, and churches.
3. Allow 35% of a sign area to be dynamic. There are signs with dynamic display in the City.
The amount of dynamic display per sign varies from 15-35% of the sign area. The City of
Minnetonka allows a dynamic display to occupy no more than 35 percent of the actual copy
and graphic area.
Background
The code currently prohibits dynamic display. There are existing dynamic display signs in the
City that were built prior to the code change in 2005 that prohibits any illuminated sign that
changes in either color or intensity of light, flashes, scrolls, or is animated. The proposed
ordinance would be permissive and includes provisions relating to location, size, time,brightness
and maintenance standards.
The staff recommendation to the Planning Commission for time change was once every 24
hours. The Planning Commission felt that a standard of once every 20 minutes would be more
reasonable and consistent with the City of Bloomington and Minnetonka.
There are existing dynamic display signs in the City.
• Purgatory Creek Recreation Area- 77 sf. Dynamic display - 27 sf(35%.)
• Walgreens at Hwy 5 and Eden Prairie Road- 80 sf. Dynamic display - 24 sf(30%)
• Kowalski's at Hwy 5/Eden Prairie Road—78 sf. Dynamic display - 20 sf(26%).
• SuperAmerica at Hwy 5/Eden Prairie Road—80 sf. Dynamic display- 12sf(15%).
Attachments
1. Ordinance
DYNAMIC DISPLAY
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. -2008
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING
CITY CODE CHAPTER 11, SECTION 11.70, BY DEFINING "DYNAMIC
DISPLAYS," ADDING PROVISIONS APPLICABLE TO DYNAMIC DISPLAYS
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. City Code Chapter 11, Section 11.70, Subdivision 2, Subsection 14,
defining"Motion Signs," is repealed in its entirety.
Section 2. City Code Chapter 11, Section 11.70, Subdivision 2 is amended by adding
the following definition which is to be inserted alphabetically and the
subsequent clauses renumbered consecutively:
"Dynamic Display" —A sign or characteristics of a sign that appear to have
movement or that appear to change, caused by any method other than
physically removing and replacing the sign or its components, whether the
apparent movement or change is in the display, the sign structure itself, or
any other component of the sign. This includes a display that incorporates a
technology or method allowing the sign face to change the image without
having to physically or mechanically replace the sign face or its
components. This also includes any rotating, revolving, moving, flashing,
blinking, or animated display and any display that incorporates rotating
panels, LED lights manipulated through digital input, "digital ink" or any
other method or technology that allows the sign face to present a series of
images or displays.
Section 3. City Code Chapter 11, Section 11.70, Subdivision 3, Subsection C is
amended in its entirety as follows:
Dynamic Displays are prohibited in all districts, except as otherwise
expressly permitted in this Section 11.70.
Section 4. City Code Chapter 11, Section 11.70, Subdivision 3, Subsection 0,
prohibiting Motion Signs, is repealed in its entirety.
Section 5. City Code Chapter 11, Section 11.70 is amended by adding new
Subdivision 7 to state as follows:
Subd. 7. Dynamic Displays.
A. Findings. Studies show that there is a correlation between Dynamic
Displays on signs and the distraction of highway drivers. Distraction
can lead to traffic accidents. Drivers can be distracted not only by a
changing message, but also by knowing that the sign has a changing
message. Drivers may watch a sign waiting for the next change to
occur. Additionally, drivers are more distracted by special effects
used to change the message, such as fade-ins and fade-outs. Time
and temperature signs appear to be an exception to these concerns
because the messages are short, easily absorbed, and become
inaccurate without frequent changes.
Despite these public safety concerns, there is merit to allowing new
technologies to easily update messages. Except as prohibited by
state or federal law, sign owners should have the opportunity to use
these technologies with certain restrictions. The restrictions are
intended to minimize potential driver distraction and to minimize
proliferation in residential districts where signs can adversely impact
residential character.
The City finds that dynamic displays should be allowed on signs but
with significant controls to minimize their proliferation and their
potential threats to public safety.
B. Permitted Sign Type and Locations. Dynamic Displays are
permitted solely as Free-standing Signs and only in the Commercial
Regional (C-Reg), Commercial Regional Service (C-Reg-Ser),
Community Commercial (C-Corn), Neighborhood Commercial (N-
Com) Office (OFC), Town Center (TC-C), Public (Pu), and
Industrial (I, I-2, I-5 & I-Gen) zoning districts.
C. Duration of Image. A Dynamic Display's image, or any portion
thereof, may not change more often than once every 20 minutes,
except one for which changes are necessary to correct hour-and-
minute, date, or temperature information. A display of time, date, or
temperature must remain for at least 20 minutes before changing to a
different display, but the time, date, or temperature information itself
may change no more often than once every three seconds.
D. Transition. If a Dynamic Display's image or any portion thereof
changes, the change sequence must instantaneous without any
special effects.
E. Prohibition on Video Display. No portion of a Dynamic Display
may change any part of its sign face by a method of display
characterized by motion or pictorial imagery, or depict action or a
special effect to imitate movement, or display pictorials or graphics
in a progression of frames that gives the illusion of motion of any
kind.
F. Prohibition on Fluctuating or Flashing Illumination. No portion of a
Dynamic Display image may fluctuate in light intensity or use
intermittent, strobe or moving light, or light that changes in intensity
in sudden transitory bursts, streams, zooms, twinkles, sparkles or in
any other manner that creates the illusion of movement.
G. Audio. Dynamic Displays shall not be equipped with audio
speakers.
H. Malfunctions. Dynamic Displays must be designed and equipped to
freeze the sign face in one position if a malfunction occurs.
Dynamic Displays must also be equipped with a means to
immediately discontinue the display if it malfunctions, and the sign
owner or operator must immediately turn off the display when
notified by the City that it is not complying with the standards of this
ordinance.
I. Brightness. All Dynamic Displays shall meet the following
brightness standards:
a. No Dynamic Display may exceed a maximum illumination of
5,000 nits (candelas per square meter) during daylight hours and
a maximum illumination of 500 nits (candelas per square meter)
between dusk to dawn as measured from the sign's face at
maximum brightness.
b. All Dynamic Displays having illumination by means other than
natural light must be equipped with a dimmer control or other
mechanism that automatically adjusts the sign's brightness to
comply with the requirements of this Section.
c. No Dynamic Display may be of such intensity or brilliance that
it interferes with the effectiveness of an official traffic sign,
device or signal.
d. The owner or controller of the Dynamic Display must adjust the
sign to meet these brightness standards in accordance with the
City's instructions. The adjustment must be made immediately
upon notice of non-compliance from the City.
J. Dynamic displays are allowed only on free standing signs
in the permitted districts. Dynamic displays may occupy no more
than 35%percent of the actual copy and graphic area. The remainder
of the sign must not have the capability to have dynamic displays
even if not used. Only one, contiguous dynamic display area is
allowed on a sign face.
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
18th day of March, 2008, and finally read and adopted and ordered published at a regular
meeting of the City Council of said City on the day of , 2008.
Kathleen Porta, City Clerk Phil Young, Mayor
PUBLISHED in the Eden Prairie News on the day of , 2008
CITY COUNCIL AGENDA DATE:
SECTION: Ordinances and Resolutions March 18, 2008
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XI.B.
Community Development/Planning Dynamic Display Ordinance—2nd
Janet Jeremiah Reading
Regina Herron
Requested Action
Move to:
• Approve 2nd Reading of the Ordinance relating to signs with dynamic display and
adopt Resolution approving Summary publication.
Synopsis
This code change is adding definitions and regulations relating to signs with dynamic display.
Attachment
1. Ordinance
2. Resolution Approving Summary Publication
3. Ordinance Summary
DYNAMIC DISPLAY
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. -2008
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING
CITY CODE CHAPTER 11, SECTION 11.70, BY DEFINING "DYNAMIC
DISPLAYS," ADDING PROVISIONS APPLICABLE TO DYNAMIC DISPLAYS
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. City Code Chapter 11, Section 11.70, Subdivision 2, Subsection 14,
defining"Motion Signs," is repealed in its entirety.
Section 2. City Code Chapter 11, Section 11.70, Subdivision 2 is amended by adding
the following definition which is to be inserted alphabetically and the
subsequent clauses renumbered consecutively:
"Dynamic Display" —A sign or characteristics of a sign that appear to have
movement or that appear to change, caused by any method other than
physically removing and replacing the sign or its components, whether the
apparent movement or change is in the display, the sign structure itself, or
any other component of the sign. This includes a display that incorporates a
technology or method allowing the sign face to change the image without
having to physically or mechanically replace the sign face or its
components. This also includes any rotating, revolving, moving, flashing,
blinking, or animated display and any display that incorporates rotating
panels, LED lights manipulated through digital input, "digital ink" or any
other method or technology that allows the sign face to present a series of
images or displays.
Section 3. City Code Chapter 11, Section 11.70, Subdivision 3, Subsection C is
amended in its entirety as follows:
Dynamic Displays are prohibited in all districts, except as otherwise
expressly permitted in this Section 11.70.
Section 4. City Code Chapter 11, Section 11.70, Subdivision 3, Subsection 0,
prohibiting Motion Signs, is repealed in its entirety.
Section 5. City Code Chapter 11, Section 11.70 is amended by adding new
Subdivision 7 to state as follows:
Subd. 7. Dynamic Displays.
A. Findings. Studies show that there is a correlation between Dynamic
Displays on signs and the distraction of highway drivers. Distraction
can lead to traffic accidents. Drivers can be distracted not only by a
changing message, but also by knowing that the sign has a changing
message. Drivers may watch a sign waiting for the next change to
occur. Additionally, drivers are more distracted by special effects
used to change the message, such as fade-ins and fade-outs. Time
and temperature signs appear to be an exception to these concerns
because the messages are short, easily absorbed, and become
inaccurate without frequent changes.
Despite these public safety concerns, there is merit to allowing new
technologies to easily update messages. Except as prohibited by
state or federal law, sign owners should have the opportunity to use
these technologies with certain restrictions. The restrictions are
intended to minimize potential driver distraction and to minimize
proliferation in residential districts where signs can adversely impact
residential character.
The City finds that dynamic displays should be allowed on signs but
with significant controls to minimize their proliferation and their
potential threats to public safety.
B. Permitted Sign Type and Locations. Dynamic Displays are
permitted solely as Free-standing Signs and only in the Commercial
Regional (C-Reg), Commercial Regional Service (C-Reg-Ser),
Community Commercial (C-Corn), Neighborhood Commercial (N-
Com) Office (OFC), Town Center (TC-C), Public (Pu), and
Industrial (I, I-2, I-5 & I-Gen) zoning districts.
C. Duration of Image. A Dynamic Display's image, or any portion
thereof, may not change more often than once every 20 minutes,
except one for which changes are necessary to correct hour-and-
minute, date, or temperature information. A display of time, date, or
temperature must remain for at least 20 minutes before changing to a
different display, but the time, date, or temperature information itself
may change no more often than once every three seconds.
D. Transition. If a Dynamic Display's image or any portion thereof
changes, the change sequence must instantaneous without any
special effects.
E. Prohibition on Video Display. No portion of a Dynamic Display
may change any part of its sign face by a method of display
characterized by motion or pictorial imagery, or depict action or a
special effect to imitate movement, or display pictorials or graphics
in a progression of frames that gives the illusion of motion of any
kind.
F. Prohibition on Fluctuating or Flashing Illumination. No portion of a
Dynamic Display image may fluctuate in light intensity or use
intermittent, strobe or moving light, or light that changes in intensity
in sudden transitory bursts, streams, zooms, twinkles, sparkles or in
any other manner that creates the illusion of movement.
G. Audio. Dynamic Displays shall not be equipped with audio
speakers.
H. Malfunctions. Dynamic Displays must be designed and equipped to
freeze the sign face in one position if a malfunction occurs.
Dynamic Displays must also be equipped with a means to
immediately discontinue the display if it malfunctions, and the sign
owner or operator must immediately turn off the display when
notified by the City that it is not complying with the standards of this
ordinance.
I. Brightness. All Dynamic Displays shall meet the following
brightness standards:
a. No Dynamic Display may exceed a maximum illumination of
5,000 nits (candelas per square meter) during daylight hours and
a maximum illumination of 500 nits (candelas per square meter)
between dusk to dawn as measured from the sign's face at
maximum brightness.
b. All Dynamic Displays having illumination by means other than
natural light must be equipped with a dimmer control or other
mechanism that automatically adjusts the sign's brightness to
comply with the requirements of this Section.
c. No Dynamic Display may be of such intensity or brilliance that
it interferes with the effectiveness of an official traffic sign,
device or signal.
d. The owner or controller of the Dynamic Display must adjust the
sign to meet these brightness standards in accordance with the
City's instructions. The adjustment must be made immediately
upon notice of non-compliance from the City.
J. Dynamic displays are allowed only on free standing signs
in the permitted districts. Dynamic displays may occupy no more
than 35%percent of the actual copy and graphic area. The remainder
of the sign must not have the capability to have dynamic displays
even if not used. Only one, contiguous dynamic display area is
allowed on a sign face.
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
18th day of March, 2008, and finally read and adopted and ordered published at a regular
meeting of the City Council of said City on the day of , 2008.
Kathleen Porta, City Clerk Phil Young, Mayor
PUBLISHED in the Eden Prairie News on the day of , 2008
DYNAMIC DISPLAY CODE AMENDMENT
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,
AMENDING CITY CODE CHAPTER 11 BY AMENDING SECTION 11.70
RELATING TO SIGN PERMITS; AND ADOPTING BY REFERENCE CITY
CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS,
CONTAIN PENALTY PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA,
ORDAINS:
Summary: This ordinance allows amendments to city code chapter 11 relating
to signs with dynamic display.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
Kathleen A. Porta, City Clerk Phil Young , Mayor
PUBLISHED in the Eden Prairie News on , 2008.
(A full copy of the text of this Ordinance is available from City Clerk.)
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2008-
A RESOLUTION APPROVING THE SUMMARY
OF ORDINANCE NO. -2008 AND ORDERING THE
PUBLICATION OF SAID SUMMARY
WHEREAS, Ordinance No. -2008 was adopted and ordered published at a regular
meeting of the City Council of the City of Eden Prairie held on the 18th day of March 2008.
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. -2008 is lengthy and/or contains charts.
B. The text of the summary of Ordinance No. -2008, 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 News 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. -2008 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 March 18, 2008.
Phil Young, Mayor
ATTEST:
Kathleen Porta, City Clerk