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HomeMy WebLinkAboutCity Council - 09/16/2008 AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, SEPTEMBER 16, 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. TRANSPORTATION PLANNING& FINANCE Council Chamber II. OPEN PODIUM A. TOM RINE—EDEN PRAIRIE ART CENTER III. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, SEPTEMBER 16, 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 III. OPEN PODIUM INVITATION IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS V. PROCLAMATIONS/PRESENTATIONS A. DONATION FROM EDEN PRAIRIE FOUNDATION FOR COMMUNITY CENTER FLOORING B. WELCOME NEW ABC STUDENTS C. THREE RIVERS PARK DISTRICT UPDATE D. EDEN PRAIRIE ART CENTER 1. FUNDRAISING UPDATE 2. ART CENTER SITE IMPROVEMENTS 3. ART CENTER REMODELING WORK VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, SEPTEMBER 2, 2008 B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 2, 2008 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST CITY COUNCIL AGENDA September 16, 2008 Page 2 B. ADOPT RESOLUTION APPROVING FINAL PLAT OF TECHNOLOGY CAMPUS 4TH ADDITION C. ADOPT RESOLUTION APPROVING CONSTRUCTION COOPERATIVE AGREEMENT NO. PW 16-49-08 WITH HENNEPIN COUNTY FOR RE- CONSTRUCTION OF CSAH 1 (PIONEER TRAIL), FROM EAST OF FLYING CLOUD DRIVE TO WEST OF SHETLAND ROAD, I.C. 04-5631 D. ADOPT RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF SPECIAL ASSESSMENT ROLL AND SETTING HEARING DATE E. APPROVE REPLACEMENT OF WETLAND AGREEMENT AND FILING OF DECLARATION OF RESTRICTIONS AND COVENANTS FOR TWO CITY-OWNED OUTLOTS WITHIN SETTLERS WEST F. APPROVE COMMUNITY CENTER CATERING SERVICES AGREEMENT WITH DAVANNI'S G. APPROVE PURCHASE OF NEW CRASH RESCUE TRUCK FROM E- ONE MANUFACTURING H. APPROVE SALE OF FIRE ENGINE 32 TO HENNEPIN TECHNICAL COLLEGE IN EXCHANGE FOR TUITION CREDITS I. AWARD CONTRACT FOR REPLACEMENT OF MARKET CENTER CLOCK TOWER LIGHTING COMPONENTS TO SIGN CRAFTERS J. APPROVE PLEASANT HILLS CEMETERY RULES AND REGULATIONS IX. PUBLIC HEARINGS/MEETINGS A. SURMODICS Request for: Planned Unit Development Concept Review on 9.80 acres, Planned Unit Development District Review on 9.80 acres, Zoning District Amendment within the I-2 Zoning District on 9.80 acres, Site Plan Review on 9.80 acres, and Preliminary Plat on 9.80 acres into one lot. Location: Northeast corner of 74th Street West and Golden Triangle Drive (Ordinance for PUD District Review; Resolution for Preliminary Plat) X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS A. FIRST READING OF ORDINANCE AMENDING CITY CODE SECTION 2.22 RELATING TO BUDGET ADVISORY COMMISSION TERMS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS CITY COUNCIL AGENDA September 16, 2008 Page 3 XIV. REPORTS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR 1. Acquisition of Permanent and Temporary Easements for Singletree Lane Improvements (Resolution) F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ANNOTATED AGENDA DATE: September 16, 2008 TO: Mayor and City Council FROM: Scott Neal, City Manager RE: City Council Meeting for Tuesday, September 12, 2008 TUESDAY, SEPTEMBER 16, 2008 7:00 PM, COUNCIL CHAMBER I. ROLL CALL/CALL THE MEETING TO ORDER II. COLOR GUARD/PLEDGE OF ALLEGIANCE (See instructions on dais.) 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 A. DONATION FROM EDEN PRAIRIE FOUNDATION FOR COMMUNITY CENTER FLOORING B. WELCOME NEW ABC STUDENTS Synopsis: Gardner Gay, Executive Director of ABC Eden Prairie,will give a brief overview of the program. Each student will then introduce themselves, giving their name, where they grew up, and year in school. C. THREE RIVERS PARK DISTRICT UPDATE Synopsis: Cris Gears, Superintendent of Three Rivers Park District, will present an overview of current Three Rivers Park District activities and the many amenities offered in and around Eden Prairie. ANNOTATED AGENDA September 16, 2008 Page 2 D. EDEN PRAIRIE ART CENTER 1. FUNDRAISING UPDATE Synopsis: Stacy Desai, Chair of Friends of the Eden Prairie Art Center will present the activities of this volunteer organization along with current prospects for achieving the fundraising goal. At the Tuesday, September 3, 2008 City Council meeting, the Council requested that prior to entering into agreements with contractors for work relating to the Art Center that a update from the Friends of the Eden Prairie Art Center needed to occur. Council Members requested that staff also break down the costs for the indoor modifications to the building to better understand the types of costs associated with making the facility both code compliant and accessible. 2. ART CENTER SITE IMPROVEMENTS Synopsis: The City solicited quotes for construction of a new 26-car parking lot,which included tree clearing and grubbing, site grading, hauling/removal of excess soil, installation of concrete curb and gutter,bituminous paving, storm sewer work, and creation of a rain water garden for the Eden Prairie Art Center located at 7650 Equitable Drive. Specifications for the work were prepared by Cluts, O'Brien, and Strother Architects and the City received quotes from three qualified contractors. Site improvements to the Art Center will accommodate users when the facility opens in January 2009. The summary of the quotes submitted is as follows: Parrott Contracting, Inc. $91,675.00 Kusske Contracting $94,580.00 DMJ Contracting $116,350.00 Each of the submitters met the guidelines as detailed in the bid specification and staff recommends the bid be awarded to Parrott Contracting, Inc. MOTION: Move to award the construction contract for Site Improvements to Parrott Contracting, Inc. in the amount of $91,675 for construction of a new 26 car parking lot and associated site work at the Eden Prairie Art Center. 3. ART CENTER REMODELING WORK Synopsis: Bid Tabulation Doran Construction $83,010 McFarland Construction $104,340 ANNOTATED AGENDA September 16, 2008 Page 3 This item was previously submitted at the September 2, 2008, City Council meeting. The City Council requested staff to resubmit this item along with a breakdown of the costs necessary to meet code and accessibility requirements. Of the $83,010, approximately $29,000 is related to meeting code and accessibility requirements. Although this work could be done in two phases, undertaking all of the work in the current empty and unutilized state would allow for the most seamless, efficient and least disruptive course of action. Specifications were written by Cluts, O'Brien& Struther Architects and proposals were obtained. Work includes removing existing garage door and replacing with"store front" windows and new entry door, adding a second restroom, changing exiting hardware on existing doors,painting and carpeting and other changes necessary to convert the facility to a public building. MOTION: Move to Award contract for Art Center building remodeling to Doran Construction. VI. MINUTES MOTION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY, SEPTEMBER 2, 2008 B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 2, 2008 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-J on the Consent Calendar. A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION APPROVING FINAL PLAT OF TECHNOLOGY CAMPUS 4TH ADDITION C. ADOPT RESOLUTION APPROVING CONSTRUCTION COOPERATIVE AGREEMENT NO. PW 16-49-08 WITH HENNEPIN COUNTY FOR RE- CONSTRUCTION OF CSAH 1 (PIONEER TRAIL), FROM EAST OF FLYING CLOUD DRIVE TO WEST OF SHETLAND ROAD, I.C. 04-5631 D. ADOPT RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF SPECIAL ASSESSMENT ROLL AND SETTING HEARING DATE ANNOTATED AGENDA September 16, 2008 Page 4 E. APPROVE REPLACEMENT OF WETLAND AGREEMENT AND FILING OF DECLARATION OF RESTRICTIONS AND COVENANTS FOR TWO CITY-OWNED OUTLOTS WITHIN SETTLERS WEST F. APPROVE COMMUNITY CENTER CATERING SERVICES AGREEMENT WITH DAVANNI'S G. APPROVE PURCHASE OF NEW CRASH RESCUE TRUCK FROM E-ONE MANUFACTURING H. APPROVE SALE OF FIRE ENGINE 32 TO HENNEPIN TECHNICAL COLLEGE IN EXCHANGE FOR TUITION CREDITS I. AWARD CONTRACT FOR REPLACEMENT OF MARKET CENTER CLOCK TOWER LIGHTING COMPONENTS TO SIGN CRAFTERS J. APPROVE PLEASANT HILLS CEMETERY RULES AND REGULATIONS IX. PUBLIC HEARINGS/MEETINGS A. SURMODICS Request for: Planned Unit Development Concept Review on 9.80 acres, Planned Unit Development District Review on 9.80 acres, Zoning District Amendment within the I-2 Zoning District on 9.80 acres, Site Plan Review on 9.80 acres, and Preliminary Plat on 9.80 acres into one lot. Location: Northeast corner of 74th Street West and Golden Triangle Drive (Ordinance for PUD District Review; Resolution for Preliminary Plat) Official notice of this public hearing was published in the September 11, 2008,Eden Prairie News and send to 17 property owners. Synopsis: The property is zoned I-2. An existing 63,390 sq. ft. building occupies the property. The project shows a two phased development. Phase one consists of a 63,000 sq. ft. two-story addition, and is the subject of this report. Phase two consists of demolishing 30,000 sq. ft. of the original building and constructing a 60,000 to 80,000 sq. ft. addition west of phase one. The project conforms to the requirements of the I-2 District. The 120-Day Review Period Expires on December 18, 2008. The Planning Commission voted 7-0 to recommend approval at the September 8, 2008 meeting. ANNOTATED AGENDA September 16, 2008 Page 5 MOTION: Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 9.8 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review and Zoning Amendment in the 1-2 District on 9.8 acres; and • Adopt the Resolution for Preliminary Plat on 9.8 acres into 1 lot; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions; and • Authorize staff to issue a grading, footing, and foundation permits to SurModics to proceed with construction at their own risk 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 2.22 RELATING TO BUDGET ADVISORY COMMISSION TERMS Synopsis: City Code Section 2.22 deals with the "Terms of Appointment" for City Commissions. This section of the code has been amended so that all current Budget Advisory Commission terms end on December 31, 2008, and new terms begin on January 1, 2009. For terms starting January 1, 2009, the Council shall appoint four members to four- year terms ending December 31, 2012, and three members to two-year terms, ending December 31, 2010. Thereafter, following expiration of the three (3)terms ending December 31, 2010, the term of such positions shall be four(4)years. For the terms that commence on January 1, they shall continue for the terms appointed and until the member's successor has been appointed and qualified. The Council may, but need not, appoint a person for the unexpired position of the term of a member whose membership has become vacant. No person may be appointed to more than two full consecutive terms, except by unanimous vote of the Council. MOTION: Move to approve first reading of an Ordinance amending City Code Section 2.22 relating to Budget Advisory Commission terms. XII. PETITIONS,REQUESTS AND COMMUNICATIONS ANNOTATED AGENDA September 16, 2008 Page 6 XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR 1. Acquisition of Permanent and Temporary Easements for Singletree Lane Improvements (Resolution) Synopsis: The City is proceeding with plans for the improvement of Singletree Lane. The acquisition of property from Bremer Bank and Knowledge Learning Corporation is necessary in order to construct the improvements. In the Windsor Plaza Development Agreement, the Developer agreed to pay the cost to improve Singletree Lane and further agreed to dedicate right-of-way from its property for the widening of Singletree Lane. The City is to acquire the right-of-way necessary on the other side of Singletree Lane. This action requests the Council's authorization to offer Knowledge Learning Corporation the sum of$170,000 for fee and easement acquisition and the sum of$11,000 to Bremer Bank for fee and easement acquisition. Further if the property cannot be acquired through the negotiation process, the Council is requested to authorize acquisition pursuant to the exercise of the power of eminent domain. MOTION: Move to adopt Resolution Authorizing the Director of Public Works to extend offers to Bremer Bank and Knowledge Learning Corporation (KinderCare) for acquisition of property including temporary easements for the improvement of Singletree Lane and further authorize the Director of Public Works and the City Attorney to commence eminent domain proceedings if the property interests cannot be acquired through negotiation. 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. CITY COUNCIL AGENDA DATE: SECTION: Proclamations &Presentations September 16, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: V.C. Jay Lotthammer, Director Three Rivers Park District Update Parks and Recreation Synopsis Cris Gears, Superintendent of Three Rivers Park District will present an overview of current Three Rivers Park District activities and the many amenities offered in and around Eden Prairie. Background Three Rivers Park District is a natural resources-based park system that manages nearly 27,000 acres of park reserves, regional parks, regional trails and special-use facilities. The Park District offers facilities for every season, including: picnicking, swimming, creative play, boating, fishing, downhill skiing, snowboarding, golf, camping and sledding; extensive trails for hiking, biking, in-line skating, horseback riding, cross-country skiing and snowshoeing, as well as program sites for nature, recreation, historic and farm education. Three Rivers Park District is an independent, special park district established by the State Legislature in 1957. As a special park district, Three Rivers Park District is charged with the responsibilities of acquisition, development and maintenance of large park reserves, regional parks and regional trails for the benefit and use of the citizens of suburban Hennepin County, Scott County, the metropolitan areas, and the State of Minnesota. The Park District works cooperatively with the Metropolitan Parks and Open Space Commission, Metropolitan Council and State Legislature as one of ten implementing agencies of the Metropolitan Regional Park System. This system of parks was established in 1974 by the Minnesota State Legislature and collectively serves more than 33 million park guests per year in the seven county metro area,providing outdoor education/recreation facilities, services and programs. The mission of Three Rivers Park District is to promote environmental stewardship through recreation and education in a natural resources-based park system. Each of the Park District's facilities is located within watersheds that flow into three rivers -- the Mississippi, Minnesota and Crow. These rivers have historically been, and continue to be, significant in the lives of the region's residents. Three Rivers Park District's policy for planning and management of natural resources has distinguished it from other park and recreation agencies in Minnesota. The policy specifies that no more than 20 percent of a park reserve may be developed for active use, and that at least 80 percent of a park reserve shall be restored to and retained in a natural state. Three Rivers Park District Update September 16, 2008 Page 2 As a result, the Park District has been actively involved in the preservation and restoration of wildlife and plant species. Once rare osprey,bald eagles, sandhill cranes and trumpeter swans are now nesting in the park reserves. Woodland and prairie restorations have been accomplished using native wildflowers, shrubs and trees produced from seed collected in the park reserves. Park visitors are offered abundant opportunities to view and learn about the resources within each park. Careful routing of bike, hike and ski trails provides intimate views of woodlands, wetlands and prairie, as well as the wildlife that inhabit them. Outdoor education staff offer an array of programs that foster a better understanding of our environment. CITY COUNCIL AGENDA DATE: SECTION: Proclamations &Presentations September 16, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: V.D.1. Jay Lotthammer, Director Friends of the Eden Prairie Art Center- Parks and Recreation Fundraising Update Synopsis Stacy Desai, Chair of Friends of the Eden Prairie Art Center will present the activities of this volunteer organization along with current prospects for achieving the fundraising goal. Background At the Tuesday, September 3, 2008 City Council meeting, the Council requested that prior to entering into agreements with contractors for work relating to the Art Center that a update from the Friends of the Eden Prairie Art Center needed to occur. Council Members requested that staff also break down the costs for the indoor modifications to the building to better understand the types of costs associated with making the facility both code compliant and accessible. Attachments: Friends of the Eden Prairie Art Center Web Pages Home Donate How to Help News Events Who We Are Contact Us 7 •,• 11 : , -Rig rPr .... 'N' • ` erg) • • 1— tf1 N +'' I I. . Eden Prairie4 � Art Center I pcoming Events Make A Donation Our Goal e have lots of fun events for all The Friends of the Eden r -$soon ges scheduled over the next few Prairie Art Center is committed onths! to raising the funds required to t. ' 0 open the EP Art Center in early -r Saturday, Sept 27, 2008 2009. °°°°4 Pinwheel & Printmaking Please consider contributing to -. •re-K thru 4th grade this effort and help bring the arts to our community. aturday, Oct 11, 2008 ainting, Drawing & Click on the Donate button to ustrating find out how you can make a -1200.000 h thru 8th grade cash donation. ovember, 2008 (Date TBD) Click here to Donate! ` 1 .�04 -en activity Coming soon ... The EP Art 7:(1. ' aturday, Dec 6, 2008 Center "Wish List" where you can r , " dults - fundraiser will include a choose an item to donate. silent auction! Help us reach our Ooal or*&M OU_._ we have$175,000 to go! mg Click here for more details! Thank you for your support! Welcome to our Website! In The News The Friends of the Eden Prairie Art Center is a group of EP J Sept 3, 2008: Sun Newspapers citizens who came together with a common goal of securing Eden Prairie Art Centel funding that will give life to a new Art Center in Eden Prairie. fundraisers hit the web At a city meeting in April 2008, the EP City Council officially Like an intricate mosaic, the pieces are accepted a gift of a 5,400-square-foot building from the family falling together for the launch of the of the late Roger Sampson, an Eden Prairie resident who built Eden Prairie Art Center in January ... the building as a place to create art. Read more » Before the building can be opened to the public a small August 27, 2008: EP News number of renovations must be done, the building must be equipped with art supplies and office equipment, and new A little help from some 'Friends' community arts programs must be developed. The Friends of the Eden Prairie Art The EP Art Center, located at 7650 Equitable Drive, is Center are taking baby steps, or you scheduled to open in early 2009. might say kid steps toward the ultimate When completed, it will be a place for fostering creativity in goal of raising funds and awareness the community for many years to come! about the new Art Center ... Read more Read more » August 21, 2008: Life in the Prairie How Can You Help? Friends of the Art Center As City leaders are finalizing the details There are many ways you can help! that will bring an Art Center to Eden Several exciting community events are being planned. We Prairie and working to develop new need help organizing and staffing these events and we can community arts programs, a new always use donations of silent auction items and event prizes. volunteer committee has formed ... Read And, of course, we need you to attend! more » Cash donations are especially needed. Help us achieve our J August 12, 2008: Star Tribune goal of $500,000. Eden Prairie arts center is And we need help spreading the word that The Eden Prairie shaping up Art Center is coming! Tell your friends and neighbors. The center has a director and some Hopefully they can help in some way too! events on the calendar, and it may open Read more >> this winter ... Read more >> June 11, 2008: EP News Art center: looking for a few good fund raisers The building on 7650 Equitable Drive still needs a few finishing touches before it becomes Eden Prairie's new art center - about $326,000 worth of finishing touches, to be precise ... Read more » Click here to read all News Items! Horn- 'onate -.ow to Help News Even - ho We Are •ntact Us ur Building is Located at: den Prairie Art Center • 7650 Equitable Drive • Eden Prairie, MN 55344 Copyright© 2008 Eden Prairie Art Center. All rights reserved. Please Help by Making a Donation Our Goal Cash Donations ... Picture this! $500,000 to get the Eden Prairie Art Center up and running. We can do it ... The fundraising group will create a "recognition wall" to with your help ... acknowledge those who make a cash contribution at the levels designated below. Our plan is to create an artistic - piece to hang on the wall of the Art Center building to °° express our appreciation for your financial gift to the center: /141 -• oa.00a Supporter $500 - $999 Promoter $1,000 - $1,999 Enthusiast $2,000 - $4,999 Benefactor $5,000 - $9,999 - Director $10,000 - $24,999 -saa.00a Founder $25,000 and up * , ; It Very soon you will be able to make a cash donation , Kona online. If you are anxious to help the EP Art Center and can't wait until then please mail your check to: iik- ono EP Foundation - Art Center Help uu reach our goal ofsso ,00 ... c/o Stacy Desai, Chairperson we hawe$.475,OD0to go! 11741 Tanglewood Drive Eden Prairie, MN 55347 Checks should be made payable to EP Foundation - Art With the help of the Eden Center. Prairie community, the Friends of the Eden Prairie Your donation is tax deductible. Art Center will raise $500,000 to cover renovation Thank you for your support! and start-up costs. The building itself was donated to the city by the Sampson Donations for Fundraising Events ... family. Or check out our list of events and donate an item to one Additional funds are needed to of our auctions or an event prize. upgrade the facility and to purchase art supplies and other equipment. Donate today and get your EP Art Center "Wish List" ... name listed on our fun "recognition wall". Coming Soon!! The Eden Prairie Art Center "Wish List" where you can donate an item or money towards The Eden Prairie Art Center is something we need! Stay tuned for more details ... scheduled to open early 2009. Upcoming Events We have lots of fun events for all ages scheduled over the next few months! Date: Saturday, Sept 27, 2008 Time: 9 am - noon Event: Pinwheel & Printmaking Audience: Pre-K thru 4th grade Location: Upper Level of the Eden Prairie Community Center Cost: Free! Our September 27th event has been planned for children Pre-K through 4th grade. This is our first event for the community! We want to create awareness for the new center anticipated to open in early 2009. This event is free to the community! A parent should be in attendance to help as needed. Please arrive anytime between 9 and noon to complete an art project. Two creative art projects are planned: Pre-K through 2nd grade: The younger group, pre-K through 2nd 111r4 grade, will create a Pinwheel for an Art Installation on the front lawn of the Art Center Building. ` After completing their pinwheel, we invite each child to take their pinwheel to the Art Center building and "plant" it in the front lawn. For those of you that cannot do so, we'll collect the pinwheels and place them on the front lawn after the event. Those children who would like to take their pinwheel home are welcome to do so. 3rd & 4th grades: The older group of 3rd and 4th graders will be Printmaking. After designing their own print design, they will make a set of Personal Note Cards. The children can create these note cards for themselves or as a gift. If a child would like to donate their note cards to us, we'll use them in our silent auction to raise funds for • the art center. Date: Saturday, Oct 11, 2008 Time: 6 pm - 9 pm Event: Painting, Drawing & Illustrating Audience: 5th thru 8th grade Location: Central Middle School (CMS) Cafeteria Cost: $5 per person This art experience will be include several artists teaching the students different forms of painting, drawing, and illustration. One of our guest artists instructing the students is an illustrator who creates colorful, cool and edgy art designs. His inspiration comes from watching Saturday morning cartoons, skateboarding, surfing and jazz. The students at this session will take home a unique art piece to be hung anywhere in their home (with permission from their parents, of course). Each student will be provided with a rod for hanging their final project on the wall. More information on our other guest artists...Coming Soon! We do hope some students are willing to donate their creative masterpiece to the Art Center so that we can sell it in our fundraising silent auction in December! Who We Are After years of envisioning the possibilities of an art center in Eden Prairie, steps are now underway to make that dream happen. At a city meeting in April 2008, the Eden Prairie City Council officially accepted the gift of a 5,400-square-foot building from the family of the late Roger Sampson, an Eden Prairie resident who built the building as a place to create art. The Sampson family announced their intention to donate the building to the City, to be used as an art center for the community, late last year. Before the building can be opened to the public a small number of renovations must be done, the building must be equipped with art supplies and office equipment, and new community arts programs must be developed. Plans call for the center to have a glass-blowing studio, a pottery studio, two standard classrooms for painting and drawing, and a multipurpose room for jewelry and glass fusing. The pottery studio will have 10 pottery wheels, including four that are accessible to handicapped people. The Friends of the Eden Prairie Art Center was established by a group of volunteers whose goal is to raise the funds necessary to make the renovations and equip the center. Lindsey Scott Lindsey Scott, a 25-year-old fine arts photographer originally from Iowa City, Iowa, is the art center's new coordinator. Scott has a bachelor's degree in fine arts from the College of Visual Arts in St. Paul and is working on a master's degree in arts and cultural management at St. Mary's University of Minnesota. ' "I really love community-based art centers because I like the idea that art is for everyone," Scott said. "Having an art center in your community makes it more accessible to you time-wise and price-wise." • Scott previously worked at the Bloomington Art Center. She will work at the Eden Prairie center 25 to 30 hours a week. H. .. - . - - - - - - - - - . - , - . W Contact Us iiaL Our Building is Located at: Eden Prairie Art Center • 7650 Equitable Drive • Eden Prairie, MN 55344 CITY COUNCIL AGENDA DATE: SECTION: Proclamations &Presentations September 16, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: V.D.2. Jay Lotthammer, Director Art Center Site Improvements Parks and Recreation Motion Move to: Award the construction contract for Site Improvements to Parrott Contracting, Inc. in the amount of$91,675.00 for construction of a new 26 car parking lot and associated site work at the Eden Prairie Art Center. Synopsis The City solicited quotes for construction of a new 26 car parking lot, which included tree clearing and grubbing, site grading, hauling/removal of excess soil, installation of concrete curb and gutter, bituminous paving, storm sewer work, and creation of a rain water garden for the Eden Prairie Art Center located at 7650 Equitable Drive. Specifications for the work were prepared by Cluts, O'Brien, and Strother Architects and the City received quotes from three qualified contractors. Background Site improvements to the Art Center will accommodate users when the facility opens in January 2009. The summary of the quotes submitted is as follows: Parrott Contracting, Inc. $91,675.00 Kusske Contracting $94,580.00 DMJ Contracting $116,350.00 Recommendation Each of the submitters met the guidelines as detailed in the bid specification and staff recommends the bid be awarded to Parrott Contracting, Inc. CITY COUNCIL AGENDA DATE: SECTION: Proclamations &Presentations September 16, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: V.D.3. Jay Lotthammer, Director Art Center Building Modifications Parks and Recreation Motion Move to: Award contract for Art Center building remodeling to Doran Construction in the amount of$83,010. Synopsis Bid Tabulation Doran Construction $83,010 McFarland Construction $104,340 Background This item was previously submitted at the September 2, 2008, City Council meeting. The City Council requested staff to resubmit this item along with a breakdown of the costs necessary to meet code and accessibility requirements. Of the $83,010, approximately $29,000 is related to meeting code and accessibility requirements. Although this work could be done in two phases,undertaking all of the work in the current empty and unutilized state would allow for the most seamless, efficient and least disruptive course of action. Specifications were written by Cluts, O'Brien& Struther Architects and proposals were obtained. Work includes removing existing garage door and replacing with"store front" windows and new entry door, adding a second restroom, changing exiting hardware on existing doors, painting and carpeting and other changes necessary to convert the facility to a public building. ITEM NO.: VI.A. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, SEPTEMBER 2, 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. STORMWATER INFLOW AND INFILTRATION Public Works Director Gene Dietz introduced Alva Rankin and Kirby Van Note of SEH, Inc. SEH conducted a two-year Inflow and Infiltration(I/I) Study for the City of Eden Prairie, which was completed in August of this year. Rankin presented a PowerPoint on the study results as well as SEH's recommendations for an I/I reduction program. Inflow is the misdirection of rainwater into the wastewater collection system. Infiltration occurs when clear water enters the wastewater system via cracks and leaks in sewer pipes. Sources of I/I from public property include leaking manholes and covers, leaking main line sewers, and cross connections of storm and sanitary sewers. Sources of I/I from private property include sump pumps, foundation drains, leaking laterals, roof leaders, and area drains. I/I can result in health and safety issues, loss of capacity, and infrastructure wear and tear. The Metropolitan Council Environmental Services (MCES) has established a program that requires cities to reduce I/I. Communities with I/I above the goals established by MCES will be required to eliminate the excessive I/I or face surcharges. Forty-six communities, including Eden Prairie, currently exceed MCES I/I limits. Eden Prairie's surcharge is $2,782,500, which will be allocated over five years. If the City eliminates peak I/I flows by 2012 the surcharge will end. If the City does not eliminate its peak flows by 2012, the surcharge becomes a demand charge and it will be added to its annual wastewater bill. SEH's recommends smoke testing, dye water flooding,periodic cleaning, and closed circuit television inspection of the sanitary sewer system. SEH also recommends that the City develop an inspection and abatement program for private properties. City Council Workshop September 2, 2008 Page 2 Gene Dietz said City staff has drafted proposed ordinance that would reduce discharge into the sewer system from private properties. The ordinance includes a program of phased inspections. The City will conduct the inspections; however,property owners have the option of hiring a certified third party to conduct the inspection. The ordinance includes a proposed surcharge for property owners who are found to be improperly discharging into the sewer system and who have not made corrections within a specified time period, or who have not obtained an inspection within 30 days of notice by the City. Dietz said he is prepared to submit the proposed ordinance to the Council for first reading at the September 16 City Council meeting, but that the inspection program would not begin until after a public education campaign is carried out. Council Member Aho asked where the majority of I/I is coming from. Rankin said an estimated 65 percent of the problem is on the private side and that the Met Council is most concerned about inflow. Dietz said reducing inflow is the most critical item for the city to address to meet Met Council's 2013 deadline. He said the City of Minnetonka has already adopted an ordinance similar to the one staff has drafted. Mayor Young said he is concerned that there is not enough time for property owners to be adequately informed about the proposed ordinance before the September 16 Council meeting. Both Young and Council Member Duckstad said they would like a public announcement of the proposed ordinance in advance of the first reading. Council Member Nelson suggested holding a public forum, making the information available on Cable Channel 16, and posting the information on the City's web site. Dietz and City Manager Scott Neal said first reading of the ordinance can be delayed until October, and Engineering and Communications staff will work together to inform the public about I/I and the proposed ordinance. Council Chamber II. OPEN PODIUM III. ADJOURNMENT ITEM NO.: VI.B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, SEPTEMBER 2, 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 Gene Dietz, 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. All Council Members were present. II. COLOR GUARD/PLEDGE OF ALLEGIANCE Mayor Young thanked Boy Scout Troop 342, chartered by Eden Prairie United Methodist Church, for presenting the colors. III. OPEN PODIUM INVITATION IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Aho moved, seconded by Nelson, to approve the agenda as published. Motion carried 5-0. V. PROCLAMATIONS/PRESENTATIONS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, AUGUST 19, 2008 MOTION: Nelson moved, seconded by Aho, to approve the minutes of the Council Workshop held Tuesday, August 19, 2008, as published. Motion carried 4-0-1,with Butcher abstaining. B. CITY COUNCIL MEETING HELD TUESDAY,AUGUST 19, 2008 MOTION: Duckstad moved, seconded by Aho, to approve the minutes of the City Council meeting held Tuesday, August 19, 2008, as published. Motion carried 4-0- 1,with Butcher abstaining. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR CITY COUNCIL MINUTES September 2, 2008 Page 2 A. CLERK'S LICENSE LIST B. EXTENSION OF TIME TO REVIEW THE 2008 GUIDE PLAN UPDATE (Resolution 2008-85 requesting a six month extension of Comprehensive Review) C. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SEH,INC., FOR DESIGN PHASE SERVICES FOR EDEN PRAIRIE ROAD, SOUTH OF RILEY CREEK, I.C. 015537 D. APPROVE VETERANS MEMORIAL GRANT AGREEMENT WITH THE STATE OF MINNESOTA E. APPROVE RESOLUTION 2008-89 AUTHORIZING EXECUTION OF GRANT AGREEMENT FOR SAFE & SOBER PROJECT F. APPROVE PROFESSIONAL SERVICES AGREEMENT FOR SEH, INC., TO PERFORM THE THIRD PHASE OF THE ONGOING I & I ABATEMENT PROJECT G. AWARD CONTRACT FOR EDEN PRAIRIE ART CENTER OUTSIDE SITE IMPROVEMENTS TO PARROTT CONTRACTING INC. H. AWARD CONTRACT FOR ART CENTER REMODELING TO DORAN CONSTRUCTION I. ADOPT RESOLUTION 2008-86 AUTHORIZING EXECUTION OF 2008 CDBG SUBRECIPIENT AGREEMENTS MOTION: Duckstad moved, seconded by Butcher, to approve Items A-I on the Consent Calendar. Young asked that Items G and H be taken out for further discussion by the Council. AMENDMENT TO THE MOTION: Duckstad moved, with the approval of Butcher, to approve Items A-F and Item I on the Consent Calendar. Motion carried 5-0. Young asked staff to explain what Items G and H regarding contracts for the Eden Prairie Art Center were intended to accomplish. Lotthammer said one of the two items is specific to the outdoor portion of the project and is a contract to enlarge the parking lot from six to 26 spaces and to deal with rain and storm water drainage issues. The second item is specific to the indoor portion of the building. Since the building was used as a private facility, it was not subject to the same codes as those required to operate as a public facility. He said the Task Force report timeline called for the facility opening in January, which seemed to be an aggressive timeline to get the design plans approved and get bids out for construction. We had a successful turn around time,primarily because Dan CITY COUNCIL MINUTES September 2, 2008 Page 3 O'Brien, who served on the committee, did the design. The quotes are based on the design plans for the interior and exterior. He said this will enable us to turn around the building renovations by January so the public can access the building. Young said he was anxious for the Art Center to become a reality and be opened to the public, but he also felt very strongly there needs to be a private initiative to raise the money to renovate the building. He said there have been some preliminary efforts made towards that, but he was reluctant to spend public money until we know that those efforts will be successful. He thought part of fundraising is giving people the promise of what the money will provide, and he thought spending the money now could negatively affect the fundraising efforts. He would like to give the efforts a little time to see if they bear fruit. He thought we are moving a little fast on this. Lotthammer said the Friends of the Eden Prairie Art Center are moving forward with private donations and have a very viable website for fundraising. He was quite confident they will be able to raise the money. He said another piece of the fundraising is the grants and foundation applications to businesses such as SuperValu and the Quinlan Foundation. Fundraising for capital improvements tends more towards the equipment needed for the facility, and things like the parking lot and HVAC system don't sell well with fundraising to foundations. Another piece of the fundraising efforts are the events, with three events scheduled that build up to a final one in December which will be a large fundraising opportunity. He thought there will be an opportunity to see some large dollars coming in, but he couldn't tell the Council that today there is money sitting in the bank. They do have $25,000 in the bank from the anonymous donor. He thought this is a good group that is working very hard to do the fundraising. He said the two items before the Council are the less glamorous things that enable the building to be opened as a public facility. He thought we could delay the opening because we are not committed to any contractors at this time. If we were to delay more than a few weeks, we will miss a window for construction of the parking facility this fall. Young asked if their goal is to raise $500,000. Lotthammer said that was correct. Young said he didn't think they have had the opportunity to meet their goal as yet, and he was still concerned that the January date is a very aggressive goal. Aho said he would like to see the Art Center open as soon as possible; however, in talking to residents a lot of people have concerns about the costs to open and to maintain the facility. He thought it is important for us to be financially responsible in raising the money to open the facility. He noted the cost to do the parking lot is $91,000, and we are 20-30%towards that amount with the $25,000 in the bank. The parking lot is the most time critical phase to get the facility opened. He thought we have some prime examples and models from some of the recent fundraising events that have occurred in the community, and he thought the Art Center group could look at those. He would like to see that happen prior to committing to spend the money. Nelson said she has been working with the Friends of the Eden Prairie Art Center CITY COUNCIL MINUTES September 2, 2008 Page 4 and she thought they are well set up to raise some money. A lot of the foundation grants can't give money if there is nothing ready operationally. We have wanted this for a long time, and people need to see it is really going to happen. We do have money in the side fund we agreed to use for the basics to get it going, and she saw no reason to wait on these items. If it looks like this may never happen, people may want to wait before they give money. She thought the Council needs to put our confidence behind it, and we need to go forward with the parking lot and some of the interior improvements now. Butcher said she knows we have the goal to open the Art Center, and she also knows it is difficult to have a fundraising event without having a parking area. She said grants usually do not fund capital projects. As a compromise she asked if we could expand the parking lot but hold off on the remodeling. If we could expand the parking lot so we could get more spaces there for the fundraising events, it would give us access to those fundraising dollars. We could get the parking lot done for$90,000, so if we could use the fund money available and the park funds to cover the remainder we could open up the building for the fundraising events. That might allow us to get to Phase 2 and do the more aesthetic changes and the restrooms. Duckstad thanked Mr. Lotthammer for his report. He said he does support the Art Center initiative; however, he equally supports that we make every effort to obtain funding privately. He agreed we should delay the opening a little longer and explore the opportunity for additional funding. Young said one of the problems we are dealing with is the approaching winter, and he asked what the deadline would be for the City Council to make a decision on the parking lot. Lotthammer replied the further out we go, we gamble with the weather in terms of how long they can produce asphalt and how long they could do the work. The deadline for that work could be as early as late October. He said it would take a week or two to get the contract bids to us. We could push it out another couple of weeks and probably still get it done,but if we wait until the October meeting we probably cannot do it because of the weather. Regarding the interior portion, he thought we might scale that back. We would want the opportunity to consider the impact of not doing the restroom because part of that is ADA related. We probably would not have to do all of the HVAC. There is a way potentially to delay, but it would limit us as to what we could do there and would narrow the scope of what we could offer for the time being. Young said he was hoping that the two items were completely severable. Since we own the building, we will have to put in the parking lot. People don't generally donate money for something like that. He thought before we do any type of programming we need to see progress on the private fundraising in order to make commitments on the interior. Nelson pointed out that we can build the parking lot now at this year's asphalt prices, and those prices go up 5-7%per year. She saw no reason to wait and spend more money next spring since we know we are going to do it. CITY COUNCIL MINUTES September 2, 2008 Page 5 Butcher agreed and said that is why she wants to see if we could get the parking lot done this fall. She asked what the cost would be if we did the parking lot and just expanded the bathroom. We have a window of two weeks for the parking lot, and she would like to find out what it would take to make the bathroom ADA- accessible. We would be able to look at that number and then make a decision. Neal noted these are price quotes and not bids because the State's minimum bid statute was raised from $50,000 to $100,000 and both items are under the price limit. He suggested that the items probably aren't completely severable, but we could explore that particular alternative. He thought the Council may also want the leader of the Friends of the Art Center group to give a presentation at the September 16 Council meeting so we could see how that group is organized and what their activities are. Duckstad said he was in favor of delaying the project so we can see further progress on the funding before we start. Nelson said she would like to approve the parking lot tonight with the assumption that the inside stuff doesn't have the same drop dead date. She saw no reason to delay this and have the project cost more. She thought we have to assure the community of our support so they have some confidence that there will be an Art Center. She said we voted on the Art Center and decided where the money was coming from, so it is time to go forward with the parking lot and bring back figures on the minimal improvements to the interior at the next Council meeting. Young said he wasn't suggesting otherwise, but he wanted to reinforce that the Council expects there will be a substantial private fundraising initiative. MOTION: Aho moved, seconded by Duckstad, to postpone the decision on the Art Center parking lot and the interior improvements until the next City Council meeting in order to hear a report on the costs to separate the two items and to hear a report from the Friends of the Eden Prairie Art Center on the fundraising efforts. Young said he stands by his position that he is willing to entertain financing something this fall. He thought we should invite the leaders of the Friends of the Art Center group to come forward and inform the Council on what specifically they are planning, and also explain how these improvements would be impactful. Neal said he would set that up. VOTE ON THE MOTION AS AMENDED: Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS A. VERIZON WIRELESS TOWER RELOCATION-MINC RILEY LAKE Request for: Planned Unit District Review with waivers on 0.39 acres, and Site Plan Review on 0.39 acres. Location: 9100 Riley Lake Road. (Ordinance for PUD District Review with waivers; Resolution for Site Plan Approval) CITY COUNCIL MINUTES September 2, 2008 Page 6 Neal said official notice of this public hearing was published in the August 21, 2008,Eden Prairie News and sent to 81 property owners. This project is for the relocation of a proposed Verizon Wireless tower and ancillary structure to another site within the Riley Lake Park. The previous site was found to have deed restrictions which would not allow the tower. The Department of Natural Resources (DNR)believes that the parcel of land currently being considered for the tower relocation is also subject to restrictions based on a previous grant. Until this is resolved between Verizon and the DNR, staff recommends the Council close the public hearing and table action on the ordinance and resolution. Neal said the Site Plan Review is for the 240 sq. ft. accessory building associated with the tower. Since the cellular tower is not greater than 80 feet and the required setbacks from residential zoned property are met it is exempt from the requirements of a Site Plan Review. Two non-significant trees will be lost as part of the grading. PUD waivers are requested for 10-foot side and rear yard setbacks versus the required 30 feet. Meeting the code would result in additional tree loss and increased impervious surface area. Due to the Parks, Recreation and Natural Resources Commission's previous approval of the tower and accessory building on park property, no further action was necessary. The Heritage Preservation Commission also endorsed the new location. The 120-Day review period expires on November 19, 2008. The Planning Commission voted 5-0 to recommend approval at the August 11, 2008 meeting. Peter Campbell, representing Verizon, said they found out about a deed restriction that would not allow them to locate the wireless facility in that location. There is an outlot that does not have a deed restriction filed on the title, and they are working with staff to determine how the overall deed restriction over the park is being interpreted. They are in the midst of coming together with a final consensus. They cane here this evening to request a waiver for setbacks while finding a new location. By providing the setback waiver they could locate the building further from the groomed portion of the park and minimize the impact. He agreed with Mr. Neal that the item should be tabled. Neal said our typical course of action would be to have the public hearing and have the action associated with it right after. Verizon wants to put the tower on a separate lot adjacent to Riley Park that was not funded with a grant from the DNR. The DNR is trying to make the case their restrictions about cellular towers should extend to this outlot, but we feel they are not correct. He said staff believes it is important to send the DNR a signal that the City Council thinks it is acceptable. He said the item has been reviewed and recommended for approval by the Planning Commission, the Park, Recreation and Natural Resources Commission and the Heritage Preservation Commission. MOTION: Duckstad moved, seconded by Aho, to close the Public Hearing and to table action on the 1st Reading of the Ordinance for Planned Unit Development District Review with waivers in the Rural Zoning District on 0.39 acres, and the Resolution for Site Plan Review on 0.39 acres. CITY COUNCIL MINUTES September 2, 2008 Page 7 Aho suggested making another motion regarding the acceptance and that we have nothing against the concept of Verizon locating a tower there. Young thought we just wanted discussion on it at this time. Rosow suggested an addition to the motion that it be tabled until staff advises that the issue with the DNR is resolved but in any event no later than November 18. AMENDMENT TO THE MOTION: Duckstad moved, with the approval of Aho, to add that the motion be tabled until staff advises that the issue with the DNR is resolved but in any event no later than November 18. Young said he agreed with Mr. Aho's comments and was glad that staff is working with Verizon on this. He was grateful for our good relations with the DNR on many issues, but their position on this issue confounds him. He thought we need to make it clear to the DNR that we disagree. VOTE ON THE MOTION AS AMENDED: Motion carried 5-0. B. WINDSOR PLAZA REGISTERED LAND SURVEY Request for: Planned Unit District Review with waivers within the Commercial Regional Service District on 4.29 acres, and Registered Land Survey on 4.29 acres into 5 tracts. Location: West of Flying Cloud Drive, south of Singletree Lane, north of Regional Center Road. (Ordinance for PUD District Review with waivers; Resolution for Approval of RLS; Project Development Agreements; Quit Claim Deed) Neal said official notice of this public hearing was published in the August 21, 2008,Eden Prairie News and sent to 21 property owners. This is for approval of a Registered Land Survey(RLS) for Windsor Plaza that we talked about in the HRA meeting. As part of the approval of the RLS, the Agreement Regarding Special Assessments and the Assessment Agreement are being amended. The purpose for these amendments is to allocate the special assessments and the real property taxes to the individual tracts of the RLS. In addition in December, 2007 the City vacated a small portion of Eden Road necessary for the Windsor Plaza project. As with the prior vacation of Eden Road it is necessary to tender a Quit Claim Deed to Windsor Plaza, LLC for the vacated right-of-way. Approval of the RLS will not result in any changes to the Windsor Plaza project approved by the Planning Commission and City Council in 2007. Neal said the 120-Day review period expires on November 9, 2008. The Planning Commission voted 5-0 to recommend approval of the project at the August 11, 2008 meeting. Jeremiah noted this item is at the developer's request. Michael Viola, Counsel for Windsor Plaza, said this is a clean up matter and is designed to reconfigure the legal description of the project. CITY COUNCIL MINUTES September 2, 2008 Page 8 MOTION: Butcher moved, seconded by Duckstad, to close the Public Hearing,to approve 1st and 2nd Reading of Ordinance No. 21-2008-PUD-11-2008 for Planned Unit Development District Review with waivers within the Commercial Regional Service Zoning District on 4.29 acres, to adopt Resolution No. 2008-87 for Preliminary and Final Registered Land Survey on 4.29 acres into 5 tracts, to approve the Fourth Amendment to Development Agreement Windsor Plaza; First Amendment to Assessment Agreement; and Second Amendment to Agreement Regarding Special Assessments; and to approve and authorize the Mayor and City Manager to executed and deliver a Quit Claim deed to Windsor Plaza, LLC for right-of-way of Eden Road vacated by Resolution No. 2008-48. Motion carried 5- 0. X. PAYMENT OF CLAIMS MOTION: Duckstad moved, seconded by Aho, 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. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. Resolution No. 2008-88 certifying proposed 2009 property tax levy, accepting proposed 2009 budget, setting date(s) for Truth-in-Taxation hearing(s), and consenting and approving HRA tax levy Neal said this is a request to certify the proposed 2009 property tax levy accepting the proposed 2009 budget and setting dates for the Truth-in- Taxation hearings. Minnesota Law and administration rules prescribe a detailed process for public notification and participation in setting taxes and budgets of local governments. Cities must adopt a proposed net property tax levy by September 15 and certify it to the county auditor. In addition, the City Council must accept a proposed budget for the coming year. Neal said our proposed 2009 budget was approved as part of a two year budget in December 2007. We plan to carry forward that same budget with a couple of changes we talked about at the last meeting. The City must also set a date for the "Truth-in-Taxation"hearing and a date to reconvene it(if necessary). These dates may not conflict with the initial hearing dates set by Hennepin County, school districts, or the metropolitan taxing districts. Because they get to set their dates before we do, there are a very limited number of dates available. The dates of December 1 and December 8 are CITY COUNCIL MINUTES September 2, 2008 Page 9 the most feasible for us to be within the schedule established by the Minnesota Department of Revenue. The Council must adopt the final tax levy and budget by December 16. Minnesota Law authorizes the HRA to levy a tax with the consent of the City Council. This resolution gives the consent needed for the HRA levy Young said he understood we had certain discussions about the budget last year, but asked it tonight's action is in essence certifying the maximum possible levy. Neal said that was correct and the Council tonight would be setting the maximum levy that it is willing to set. Unlike previous years there is a maximum legal levy that could be set tonight because of the tax levy limits adopted by the State legislature this year. He noted we are well under the legal limit right now. The maximum levy number is used by the County to prepare the Truth-in-Taxation notices that go out. This is the maximum number and in the past the Council has made slight changes to the final levy in December. Young said he anticipated there will be some Council discussion and more opportunity for residents to provide their input to the Council on the budget. Neal replied that was correct and it is important to recognize that, while we do a two-year budget process, the state does not recognize that two-year process. We do a lot of due diligence and analysis in the odd numbered years and less of it in the even numbered years. We have a new process where we apply an increased level of due diligence on the capital improvement plan in the even numbered years. Duckstad said he would support this motion because it is only a proposal and is not a binding determination. The City Manager gave us a lot of information so we could review this issue and the ultimate resolution. He noticed that in the proposal to make some changes in the budget adopted last year there was a recommendation that we add $200,000 to the levy. He wanted to be clear that he will veto that. Nelson said she was equally upset that we put too little money into capital improvements last year for such items as roads and roofs. She said City staff has been able to assure her we will manage the next two years by increasing as it proposed. MOTION: Aho moved, seconded by Duckstad, to adopt Resolution No. 2008-88 that certifies the proposed 2009 property tax levy to be $33,113,185; sets the "Truth-in-Taxation"public hearing for Monday, December 1, 2008 and, if necessary, to reconvene the public hearing on Monday December 8, 2008; accepts the proposed 2009 budget of $42,811,155; and consents and approves the HRA tax levy of$200,000. Motion carried 5-0. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR CITY COUNCIL MINUTES September 2, 2008 Page 10 D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR 1. Policy on Temporary Bagging of No Parking Signs Dietz said these two items deal with limiting liability for the City. Since he started with the City, we have administered a temporary bagging policy only where there is no reasonable alternative. He said staff talked about the issue with the Police Department. Most time these situations go to the Traffic Engineer, but sometimes the question gets to the Police Department and they wanted something to point to. Staff chose to bring the issue to the Council to adopt this as a formal policy. Young asked if it is important that the City Council adopt these policies because of the liability issues. Rosow replied this gives an added degree of authority to the policy. It makes it much easier to establish that this is an adopted policy when we can show the action that was taken. MOTION: Duckstad moved, seconded by Aho, to adopt the policy on Temporary Bagging of No Parking Signs. Motion carried 5-0. 2. Policy on Temporary Stop Si2n Control at Traffic Signal Systems Experiencing an Electrical Power Outage Dietz said the second item relates to the installation of temporary stop signs at signal systems that have lost power. The policy proposed is consistent with what Hennepin County and many other agencies do. In situations where we know it will be down for an extensive time period of more than four hours we can go ahead with the temporary signs. He said this gives authority to himself and the Police Chief to make the decision. It does not preclude the Police Depai tiiient from doing manual control of the intersection. Young asked if by passing this motion we will merely formalize what our policy has been. Dietz said we have given mixed signals on this issue, and this question came to us from a staff member who asked who has the authority here. We have been having this discussion for about a year, and found that most agencies have a policy not to do this. Young asked if that is a better policy from a Public Works perspective. Dietz said we believe this is the best solution. Once the stop signs are put out and lights come back on it can be confusing and there can be conflicts. It has the potential for some serious accidents on some roadways. Duckstad asked if the uniform traffic manual addresses this issue. Dietz said the manual says if you do this, it must be done in a certain way and this item says we will not do it. It is consistent with other operating agencies. CITY COUNCIL MINUTES September 2, 2008 Page 11 MOTION: Duckstad moved, seconded by Aho, to adopt the Policy on Temporary Stop Sign Control at traffic signal systems experiencing an electrical power outage. Motion carried 5-0. F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Butcher moved, seconded by Nelson, to adjourn the meeting. Motion carried 5-0. Mayor Young adjourned the meeting at 8:08 PM. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 16, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.A. Christy Weigel, Clerk's License Application List Police/ Support Unit These licenses have been approved by the department heads responsible for the licensed activity. Cigarette & Tobacco Products SanSam Jewelers, Inc DBA: Snack&More 8251 Flying Cloud Drive Suite 2224 Temporary Liquor Organization: Rotary Club of Eden Prairie Event: Vino Classico Date: October 11, 2008 Place: Eden Prairie Community Center - 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 16, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.B. Randy L. Slick Final Plat Report of Technology Public Works /Engineering Campus 4th Addition Requested Action Move to: Adopt the resolution approving the final plat of Technology Campus 4th Addition. Synopsis This proposal is for the plat located east of Mitchell Road between Anderson Lakes Parkway and Technology Drive. The plat consists of 91.03 acres to be divided into two lots. Lot 1 will encompass the undeveloped western portion of the site totaling 35.8 acres. Lot 2 will encompass the existin� ADC Campus totaling the remaining 55.2 acres. This is a replat of Technology Campus 3r Addition. Background Information The preliminary plat was approved by the City Council on July 15, 2008. Second reading of the Rezoning Ordinance and final approval of the Developer's Agreement was completed on August 19, 2008. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$4,797.20. • Prior to the release of the final plat, Developer shall provide to the City a current title insurance policy. • The requirements as set forth in the Developer's Agreement. • Provide a list of areas (to the nearest square foot) of all lots, outlots and road right-of- ways certified by surveyor. • 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. • Prior to release of the final plat, Developer shall enter into a Cross Access, Private Utilities and Maintenance Agreement between Lots 1 and 2. • Revision to plat shall include the modification of the drainage and utility easement to mirror the current wetland conditions. Attachments • Resolution • Drawing of final plat CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2008- A RESOLUTION APPROVING FINAL PLAT OF TECHNOLOGY CAMPUS 4TH ADDITION WHEREAS, the plat of Technology Campus 4th 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 Technology Campus 4th Addition is approved upon compliance with the recommendation of the Final Plat Report on this plat dated September 16, 2008. 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 September 16, 2008. Phil Young, Mayor ATTEST: SEAL Kathleen Porta, City Clerk OFFICIAL PLAT TECHNOLOGY CAMPUS 4TH ADDITION R.T. DOC. NO. KNOW ALL POt8ONi BYT®1mPRffi•TS:MA ADC Telcceormorricariess,Foe,a MmaWeory.mtim,fmowor offlnfollowing . dmobdpopary Masted in mo Coady ofHm pa,Saab ofMimeo*Rot Lot 1,Block 1,TECHNOLOGY CAMPUS 3RDADDITWN,1lrmminCamry.Miomoq Hu mwod d¢amo to be uvryod.od ptaudu TECHNOLOGY CAMPUS 4THADOR1ON.addo hereby&mate aroddcdioaremdcpob o . for R&M=fbroas the pub&emeadM gran asIto&ayomANIMPPupaece m tbawap0100PML awiaonmhonofanidADC- -- _ • - - m lo Teleoomo. door,lw Mmm„a . 4ap,pn.dpa,Wm.mdtas p.l.bbe.ipdby Romper oRkaDi MY - z of 200 __ d 32 ADC TalmommmdafimAlna S89°21'S8'E AR 983'OS^S8Gp5'44"8, A=08°29'a 1" __ '"N85'2a'35"&•, 43736, 9.2 ,it Vice Prt.Idut hrvtmot Rotation mNTmasorer i.00-----�51.78_.,- J75.95 R2f97049 306.30 ___ S ®53.m _na.ao--_ ..o_" �_______________? gtyyiE-__ • \\ Mort P.Hrmrr , r ----- u�r"r ErS�� o 8' J MRCIffiL ROAD T' s, -- ',,, STATE OP % 1 sd•2. �. 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Romero,land Sprvga. ; It ? zeazx1o'0 ' �. /`x SBA/ T�-xsom'v�e -"' H „oj, \; • Z \ A ;\\ ....,-,... / N£T LAND '\ ,J Nomy PoNk,Hennepin Cady,Wm:4W - �I My Crmninrpn Expires $ / \..� FI \n I I 'W^ 8DINPRAIRIE,MRiNE.9OTA WET LAND ',o--IL4. `..' 1: $y. Tide Mal of TECHNOLOGY CAMPUS 4TH ADDITION approved sad wrathy Me LSOComa ottr GlyoCEDDt PRAIRIE, WI '° 7+�iej yss�'Sne Maareon,at artyWbmMigMmfhelddab dq of 200 .0fappiiable,dmwritbncoOmenta and \ I SI,I. 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William P.Bmw,oCaaay Smwyw By 1 boobycAR OP ify%ra TITLES,owyHNOUNI County, CAMP o; MO unu0 EASEMENTS iheaby ,.l iaLOmpYaMTSCHNOI.OGY GMI'UB SHH AUDI'IflNlwa fled'm tMn office this dry of (Noon 0000)us 200 ,m ;'clack .M. xcs uw nsw,¢0 MicWe111.C1mdA,Iteybav ofTi la ,-.1Y- it 0 • owores, NOxuarx,FOon0 o ,cs,xwcxeru -1L-s NORTH «we m, D4mry i t to°oe.ox,,w3 eo.i w A caraA7�iCN morn aJ ;next s FEET0100 IN nw p 010 Aomxm o LOT 1001. • 0 100 200 • BOUNDARY.UNLESS omEmn°INDICATED A`a vuT • SHEET 1 OF 2 SREE S OFFICIAL PLAT 'ThCFINOLOGY CAMPUS 4TH ADDITION R.T. DOC. NO. ` C,1. 9, -Zy p63/ so 5"�720 4�, ,''01.9p92 61 �y3ey;sg o,,p 4°299 ,e,j\ 66 \ \ \ p •'03. \yo\ ��.i.__ °"„°a'a orSS ense+exr S69°a0 \ /// in n `,, `�\\'\ —..�-_.. __ -1;4 8 .51 \\4 q R72y.44 \ \.,T6 z,� e 8 z 1� �� \\ o ,anode o� LOT 2 ! YET ANC N % BLOCK 1 , ,%) • / i �` . l \ - \ \ ' ' - :°� ti�gr m\ oi �. 6r� c,,..,... ,,,,,,z4,;,.,„ . 5z) s P r-yieOi\s m i Vs gki . Bl. T, N. 6 IWef / Neo's ye'! / 1& I .,,5 �\ '"m°, w /„�� WET Laxo `-\ ss a�a.:IR ,1 \ \ s WET LhNO\`( s k sae'13>.In NaTw,° /i20q \ x sor,om gar 's , %°i I\ ai!V. N'P. . tis'°7 / w \if s%�' �. tir�_sas...- J \\` l� I '�`,_ II GLLbwRa,n5TT ereerexr' _ \\ -'ex.co- — soa>a L.-5I I S89°48'24"W1>�, .urtrc.ansansxr 3091.67 1 /' —— MVATAIXZcAge anIg ITIZ ~oTEa �Ya oL �a PUT4110 esmwas.ns>ssoum 0 ons vz INCn sr,.'xa IRON Pis wm NORTH *ww o BE SET ix iccoxo�u°Xicc"inm 110111111.1.111 0 100 200 SHMT 2 OF 2 SHEETS CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 16, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 04-5631 ITEM NO.: VIII.C. Public Works/Engineering Approve Construction Cooperative Rodney Rue Agreement with Hennepin County for the Re-construction of CSAH 1 (Pioneer Trail) from Flying Cloud Drive to Shetland Road Requested Action Move to: Adopt resolution approving Construction Cooperative Agreement No. PW 16-49-08 with Hennepin County for the re-construction of CSAH 1 (Pioneer Trail), from east of Flying Cloud Drive to west of Shetland Road. Synopsis This Construction Cooperative Agreement defines the financial and maintenance responsibilities associated with this CSAH 1 re-construction project. In addition, this Agreement defines the cost-sharing responsibilities for several identified project impact minimization and mitigation costs. The City will also receive credit for several mitigation projects that the City has or will perform related to the impacts associated with this project. There is also a contribution from the county for a future landscape project that the City will administer for the corridor. The estimated City share for this project(including estimated mitigation credits) is $5,296,486.45. The City's share of the project is proposed to be financed predominately with Municipal State Aid(MSA) funds. Background Information A public hearing was held on December 5, 2005, where Preliminary Layout No. 1 E was approved. Since that time, Hennepin County has designed the project and prepared construction documents. The construction plans are consistent with the approved Preliminary Layout No. 1 E so therefore Hennepin County will not require us to approve the plans and specifications for the re-construction project. With approval of this Agreement, Hennepin County will be prepared to proceed with bidding and construction of this project. It is anticipated that the project will be bid during the winter months, with construction to begin in the spring of 2009. Substantial completion is anticipated in the fall of 2010. Attachments • Resolution • Construction Cooperative Agreement No. PW 16-49-08 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 08- APPROVE CONSTRUCTION COOPERATIVE AGREEMENT FOR THE RE-CONSTRUCTION OF CSAH 1 (PIONEER TRAIL) FROM FLYING CLOUD DRIVE TO SHETLAND ROAD. I.C. 04-5631 WHEREAS, Hennepin County has prepared construction plans for the construction of CSAH 1 roadway improvements from Flying Cloud Drive to Shetland Road within the corporate boundaries of the City of Eden Prairie: WHEREAS, the construction plans are consistent with the approved layout; WHEREAS, a Construction Cooperative Agreement has been prepared by Hennepin County which identifies the maintenance and financial obligations for the construction of said improvements. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that said Construction Cooperative Agreement No. PW 16-49-08 for County Project Nos. 9618 & 9619 (City Project 04-5631) is hereby approved and the Mayor and City Manager are authorized to execute the Agreement on behalf of the City of Eden Prairie. ADOPTED by the Eden Prairie City Council on September 16, 2008. Phil Young, Mayor ATTEST: SEAL Kathleen Porta, City Clerk Agreement No. PW 16-49-07 County Project Nos. 9618 & 9619 County State Aid Highway No. 1 City of Eden Prairie County of Hennepin • CONSTRUCTION COOPERATIVE AGREEMENT 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". WITNESSETH: WHEREAS,the County and the City have been negotiating to bring about the reconstruction of County State Aid Highway No. (CSAH) 1 (Pioneer Trail) from west of Shetland Road to east of U.S. Highway No. (TH) 212 (Flying Cloud Drive) as shown on the County Engineer's plans for County Project Nos. (C.P.) 9618 and 9619 which improvements contemplate and include grading, drainage, bituminous surfacing, concrete curb and gutter, retaining walls, watermain, traffic signals and other related improvements, and which shall hereinafter be referred to as the"Project"; and WHEREAS,the above described Project lies within the corporate limits of the City; and WHEREAS,the County Engineer has heretofore prepared an Engineer's Estimate of quantities and unit prices for the above described Project in the sum of Thirteen Million Seven Hundred Two Thousand Nine Hundred Forty Eight Dollars and Ninety Cents ($13,702,948.90). A copy of said estimate, marked Exhibit "A", is attached hereto and by this reference made a part hereof; and WHEREAS,the City has indicated its willingness to participate in the right of way, construction, engineering and maintenance costs of the Project as detailed herein; and WHEREAS,the construction costs for the Project shall be comprised of federal, municipal and county state aid funds, and local funds; and - 1 - � Agreement No. PW 16-49-08 CSAH 1; C.P. 9618 & 9619 WHEREAS,to ensure compatibility with the County's existing network of traffic signal systems the County will furnish the controllers, control equipments, control cabinets and video detection equipment to be installed as a part of the Project; and WHEREAS,the County and the City have also been negotiating to install landscaping within the Project limits, upon completion of said Project via a separate municipal project, hereinafter referred to as the "Landscaping Project"; and WHEREAS,the City shall be responsible to develop the plans and administer said Landscaping Project, and the County has expressed willingness to participate in the costs of the Landscaping 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 County will advertise for bids for the work and construction of the Project, receive and open bids pursuant to said advertisement and will enter into a contract with the successful bidder at the unit prices specified in the bid of such bidder, according to law. The contract will include the plans and specifications prepared by the County,which said plans and specifications are referenced and identified as State Aid Project Numbers 27-601-41, 181-020-027, State Project Numbers 27-601-35, 181-020-026, and approved by the Minnesota Department of Transportation (Mn/DOT). II The County will administer the contract and inspect the construction of all the contract work contemplated herewith. However,the City Engineer or designated representative shall have the right, as the work progresses, to enter upon the job site to make any inspections deemed necessary and shall cooperate with the County Engineer and staff at their request to the extent necessary, but will have no responsibility for the supervision of the work. The City agrees that the County may make changes in the plans or in the character of said contract construction which is reasonably necessary to cause said construction to be in all things performed and completed in a satisfactory manner. It is further agreed by the City that the County may enter into any change orders or supplemental agreements with the County's -2 - � Agreement No. PW 16-49-08 CSAH 1; C.P. 9618 & 9619 contractor for the performance of any additional construction or construction occasioned by any necessary, advantageous or desirable changes in plans, within the original scope of the Project. Said changes may result in an increase or decrease to the City cost participation estimated herein. The City shall have the right to review any proposed changes to the plans and specifications as they relate to the City's cost participation prior to the work being performed. The City Engineer or designated representatives shall have the right to approve any change orders or supplemental agreements prepared by the County that affect the City's share of the construction cost. The City further agrees that it will participate in the settlement of any claims from the County's contractor that involve delays attributable to unreasonable delays in approval by the City for plan or specification changes deemed necessary by the County Engineer or staff The amount of City participation in any such claims shall be commensurate with the percentage of delay directly attributable to the City's actions. III The City shall develop all the necessary construction plans, specifications and proposals, for the herein defined Landscaping Project. Said construction documents shall be developed in accordance with the attached "HENNEPIN COUNTY DEPARTMENT OF PUBLIC WORKS - TRANSPORTATION DIVISION; RECOMMENDED URBAN LANDSCAPE/STREETSCAPE GUIDELINES" (marked Exhibit "B") which by this reference is made a part hereof. Prior to receipt of bids for the work,the City shall submit to the County for approval, two (2) complete sets of the final plans and specifications for the Landscaping Project.Upon approval by the County, the City shall also obtain approval of said plans and specifications from the Minnesota Department of Transportation (Mn/DOT) Division of State Aid for Local Transportation. • The Contract shall each include the plans and specifications prepared by the City or its agents and approved by the County. It is understood that all work to be performed under the Landscaping Project shall be done either in conjunction with or upon completion of the construction activities of the Project. It is anticipated that the CSAH 1 corridor will be ready for landscaping activities late in calendar year 2011. The City shall administer the contract and shall perform the required engineering, inspection and testing for the Landscape Project; all in accordance with said approved plans and specifications and the materials sampling and testing requirements of Mn/DOT Division of State Aid for Local Transportation. However, the County Engineer and staff shall have the right, as work progresses,to make any inspections deemed necessary, but will have no responsibility for supervision of the work. - 3 - Agreement No. PW 16-49-08 CSAH 1; C.P. 9618 & 9619 IV The City shall participate in the costs of the contracted construction work for the Project as set forth in the Division of Cost Summary in said Exhibit "A". The respective proportionate shares of the pro-rata pay items included in Exhibit "A" shall remain unchanged throughout the life of this Agreement. It is understood that the estimated amount on Page 1 of this Agreement and as shown in Exhibit "A" is an estimate of the costs for the contracted construction work on said Project and that the unit prices set forth in the contract with the successful bidder and the final quantities as measured by the County Engineer's designated representatives shall govern in computing the total final contract construction cost for apportioning the cost of said Project according to the provisions herein. It is further understood and agreed that the final quantities as measured by the County Engineer's designated representatives for contract pay items in which the City is participating shall be subject to the review and approval by the City Engineer. V The City agrees to grant easements to the County over those lands that are owned by the City and are part of the required right of way and easements for the Project. Said easements shall be granted at no cost to the County. The City shall obtain all additional easements, permits, and/or right of way that may be required for completion of the Landscaping Project on lands not included in the right of way, easements, or permits for the Project. The County or its agents will acquire all additional right of way, permits and/or easements required for the construction of the Project. It is understood and agreed that the City shall reimburse the County for fifty(50)percent of all costs incurred by the County for all additional right of way, permits and/or easements required for the construction of the Project, as set forth in the Division of Cost Summary on sheet 1 of Exhibit "A", which is attached hereto and by this reference made a part hereof. The acquisition costs incurred by the County as described herein shall include, but are not limited to the following: • monies paid to property owners, or on behalf of property owners, as part of negotiated • settlements • costs incurred with obtaining property through, and compliance with, Minnesota Statute Chapter 117 (eminent domain), including all damages and awards resulting therefrom • acquisition consultant services • relocation expenses, including the costs of consultants used • appraisals and appraisal services • title opinions and updates -4 - WL Agreement No. PW 16-49-08 CSAH 1; C.P. 9618 & 9619 • document searches (judgment, name title, etc) • closing, conveyance and recordation fees and taxes • costs to maintain,provide security for, or remove and dispose of vacant property, and any improvements thereon Specifically excluded from the above listing are County personnel costs. Damages,as used in this section,pertains to acquisition costs allowed by Minnesota Statutes Chapter 117 and does not abrogate the meaning of the language set forth elsewhere in this Agreement. VI The respective impact minimization and mitigation costs for the Project have been identified and are included in tabular format in sheet 2 of Exhibit"A". As summarized in sheet 2, the total estimated cost to the City for impact minimization and mitigation is $1,002,260.00. It is understood and agreed that the City's impact minimization and mitigation costs for the Project shall be reduced by $696,760.00 to $305,500.00 because of miscellaneous work or purchases by the City as shown in sheet 3 of Exhibit"A". It is further understood and agreed that the amount of the City's reduction shall be based on actual costs incurred by the City. Included in the above mentioned minimization and mitigation table are properties at 9281 Riley Lake and 9291 Riley Lake. It is understood that these properties are part of the necessary right of way for the Project, and will be acquired by the County under the terms and conditions of Article V herein. The total mitigating value of Section 6(F) and Section 4 (F)protected properties impacted by the Project is $1,033,000. It is understood by the parties that the Boyce property included the above mentioned minimization and mitigation table is a Section 4 (F)property, and that the mitigating value of this property will be the balance remaining after Section 6 (F)properties have been acquired. VII The County, at its sole cost and expense, has conducted a Phase 1 Environmental Site Assessment(ESA) on the Project. In the event a future Phase II ESA is required on any parcel, it is hereby understood and agreed that the City shall reimburse the County for fifty (50)percent of all costs incurred by the County for the completion of any future Phase II ESA. If any such Phase II ESA identifies contamination within the new right of way for the Project that must be abated, the County will hire consultants and contractors as necessary to perform the necessary abatement - 5 - \JL Agreement No. PW 16-49-08 CSAH 1; C.P. 9618 & 9619 of the roadway right of way and obtain approval of the Minnesota Pollution Control Agency. Any such abatement required may be accomplished under a separate project or may be included in the Project. The County will investigate and exhaust all available options for payment of costs incurred related to the aforereferenced Phase II ESA. This includes, but is not limited to, responsible parties and governmental agencies. The City hereby agrees to reimburse the County fifty(50) percent of all costs incurred by the County within the city for the completion of the aforereferenced environmental work performed on parcels associated with this Project for which the County does not receive reimbursement from other sources. VIII The City shall reimburse the County for its share of the construction costs of the Project as set forth in said Division of Cost Summary in Exhibit"A". It is further agreed that the Engineer's Estimate.referred to on page 1 of this Agreement is an estimate of the construction cost for the contract work on said Project and that the unit prices set forth in the contract with the successful bidder and the final quantities as measured by the County Engineer shall govern in computing the total final contract construction costs for apportioning the costs of said Project according to the provisions herein. IX The City has previously constructed storm sewer facility improvements along CSAH 1 adjacent to TH 212 as part of its Storm Sewer Trunk Line Project. Because of these improvements, the storm sewer construction costs for the Project have been reduced by $57,648.00. Therefore, the City's cost share to construct storm sewer facilities for the Project will be reduced by $28,824.00 (50% of said$57,648.00). As shown in the above mentioned Division of Cost Summary, the City's share for storm sewer construction for the Project shall be fifty percent of the costs to construct storm sewer improvements less $28,824.00. X In addition to the aforesaid City's proportionate share of the contracted construction costs for the Project,the City agrees to reimburse the County for the City's proportionate share of the design engineering costs for the Project. Said City's share of design engineering costs shall be equal to ten (10)percent of the total final amount of the City's share of contract construction costs for the Project. The amount of said City's share in the design engineering costs is estimated in Exhibit"A". It is understood that said City's proportionate share shown in Exhibit "A" is an estimate and that the actual City's proportionate share of the design engineering costs will be computed using the total final amount of the City share of the contract construction costs for the Project. -6 - __ Agreement No. PW 16-49-08 CSAH 1; C.P. 9618 & 9619 Similarly, the City also agrees to reimburse the County for the City's proportionate share of the construction engineering costs for the Project. Said City's share of construction engineering costs shall be equal to eight(8)percent of the total final amount of the City's share of contract construction costs for the Project. The amount of said City's share in the contract administration costs is estimated in Exhibit"A". It is understood that said City's proportionate share shown in Exhibit"A" is an estimate and that the actual City's proportionate share of the contract administration costs will be computed using the total final amount of the City share of the contract construction costs for the Project. XI The County will supply the traffic signal cabinet, controller, video detection equipment and control equipment, including the emergency vehicle preemption(EVP) cards, (County Supplied Equipment) for the traffic control signal systems installed as a part of said Project. The City shall reimburse the County for its share of the County supplied equipment as set forth in said Division of Cost Summary in Exhibit"A". The estimated cost to the City for said County supplied equipment is Forty Five Thousand Dollars and No Cents ($45,000.00). It is further agreed that said estimate of the costs of County supplied equipment is an estimate and that the actual quantities of equipment as determined by the County Engineer shall govern in computing the total final cost to the City. There exists a prior agreement (Agreement PW 14-49-97 dated June 10, 1997) between the County and the City where the County agreed to reimburse the City for 50 percent of the costs the City expended constructing a temporary signal at the intersection of CSAH 1 and Mitchell Road. To account for the County's cost responsibility under Agreement PW 14-49-97, it is ' understood by the parties that the County has reduced the City's cost share percentage (construction costs and signal equipment costs) for the permanent traffic signal to be installed at this intersection under the Project from 50 percent to 33 percent. XII The proportionate shares of the various City costs associated with said Project have been identified and set forth in Articles IV through XI of this Agreement. All the aforereferenced costs are included in tabular format in Exhibit"A". As summarized in Exhibit"A", the estimated amount that the City is to pay the County as a result of this Agreement is $5,296,486.45. It is understood and agreed that said payment amounts are estimates and that the actual payment amounts shall be based on actual costs and contract unit prices, as specified elsewhere throughout this Agreement. XIII After an award by the County to the successful bidder on the Project, the County - 7 - L Agreement No. PW 16-49-08 CSAH 1; C.P. 9618 & 9619 shall invoice the City for ninety five (95)percent of the estimated City share in the contract construction and engineering costs for the Project. Payments shall be made to the County, in the name of the Hennepin County Treasurer,by the City for the full amount due stated on the invoices within forty five (45) days of the invoice date. Said estimated City share shall be based on actual contract unit prices applied to the estimated quantities shown in the plans. In the event the County Engineer or the County's staff determines the need to amend the construction contract with a supplemental agreement or change order which results in an increase in the contract amount for the Project, the City hereby agree to remit within forty five (45) days of notification by the County of said change an amount equal to ninety five (95)percent of the estimated City share as documented in the supplemental agreement or change order. The remainder of the City's share in the engineering and contract construction costs of the Project, including additional costs resulting from supplemental agreements and change orders, will be due the County upon the completion of the Project and submittal of the County Engineer's final estimate for the Project to the City. Upon final payment to the Project contractor by the County, any amount remaining as a balance in the deposit account will be returned to the City, within 45 days, on a proportionate basis based on the City's initial deposit amount and the City's final proportionate share of the Project costs. Likewise, any amount due the County from the City upon final payment by the County shall be paid by the City as its final payment for the construction and engineering costs of the Project within forty five (45) days of receipt of an invoice from the County. XIV The County will participate in the costs of the aforesaid Landscaping Project. The County's participation in the costs of the Landscaping Project is based on replacement of trees lost due to construction of the Project at a ratio of two to one. It is understood and agreed by the parties hereto that 210 significant trees will be lost and that the County will pay$400.00 per tree lost (multiplied by two)yielding a total of$168,000.00. In addition, the County will reimburse the City eighteen percent of said $168,000.00 for City design and construction engineering for the Landscaping Project. It is understood and agreed by the parties hereto that the County's participation in costs of the Landscaping Project shall be One Hundred Ninety Eight Thousand Two Hundred Forty Dollars and No Cents ($198,240.00). All other costs of the Landscaping Project, including all right of way costs, shall be borne one hundred(100)percent by the City. The County's share in the Landscaping Project costs will be directly paid to the City from the County and will not be addressed as credits applied to the City's proportionate share of the costs for the Project. After an award by the City to the successful bidder on the Landscaping Project, the City shall invoice the County for one hundred (100)percent of the County's share of the costs for the Landscaping Project. Within forty five (45) days after receipt of said invoice, the County shall deposit with the City, said County share. - 8 - �� Agreement No. PW 16-49-08 CSAH 1; C.P. 9618 & 9619 It is further understood and agreed that the County may be funding its share of the costs for the Landscaping Project with County State Aid monies. The County will not be responsible to the City for its share of the Landscaping Project costs if any action or inaction of the City causes Mn/DOT's State Aid Engineer to determine that the County's portion of the Landscaping Project costs are not eligible for County State Aid funding. XV All payments to the County must be postmarked by the date due or a late penalty of one (1) percent per month, or fraction thereof, on the unpaid balance will be charged to the City. The City shall pay the amount due as stated on the statement, notwithstanding any dispute of such amount. Should a disputed amount be resolved in favor of the City, the County shall reimburse the disputed amount plus daily interest thereon calculated from the date such disputed amount was received by the County. Daily interest shall be at the rate of one (1%) percent per month on the disputed amount. XVI All records kept by the City and the County with respect to the Project shall be subject to examination by the representatives of each party hereto. XVII The County reserves the right not to issue any permits for a period of five (5) years after completion of the Project for any service cuts in the roadway surfacing of the County Highways included in said Project for any installation of underground utilities which would be considered as new work; service cuts shall be allowed for the maintenance and repair of any existing underground utilities. XVIII As part of the Project, "No-Parking" signs shall be installed as represented in the plans and the City, at their expense, shall provide the enforcement for the prohibition of on-street parking on those portions of CSAH 1 constructed under this Project recognizing the concurrent jurisdiction of the Sheriff of Hennepin County. Any modification of the above parking restrictions shall not be made without first obtaining a resolution from the Hennepin County Board of Commissioners permitting said modification. - 9 - �- Agreement No. PW 16-49-08 CSAH 1; C.P. 9618 & 9619 It is further agreed that the City shall, at their own expense, remove and replace City owned signs that are within the construction limits of said Project if requested by the County's Project Engineer. XIX The City shall install, cause the installation of, or perpetuate the existence of an adequate three wire, 120/240 volt, single phase, alternating current electrical power connection to the traffic control signals, flashers and integral street lights included in the Project at the sole cost and expense of the City. Further, the City shall provide the electrical energy for the operation of the said traffic control signals, flashers and integral streetlights at its sole cost and expense. XX The City shall not revise by addition or deletion, nor alter or adjust any component,part, sequence, or timing of the aforesaid traffic control signals, however, nothing herein shall prohibit prompt, prudent action by properly constituted authorities in situations where a part of such traffic control signals may be directly involved in an emergency. XXI Upon completion of this Project, the County shall thereafter maintain and repair the traffic control signal systems installed as a part of said Project, all at the sole cost and expense of the County. Said maintenance shall include all EVP components. Further, the County, at its expense, shall maintain 110-volt power to the line side of the fuse in the base of the signal poles for the integral streetlights. The City, at its expense, shall maintain the fuse,the luminary and the wire to the load side of the fuse in the base of the signal poles. The EVP Systems provided for herein shall be installed, operated, maintained or removed in accordance with the following conditions and requirements: 1. Emitter units may be installed and used only on vehicles responding to an emergency as defined in Minnesota Statutes Chapter 169.01, Subdivision 5 and 169.03. The City will provide the County Engineer or his designated representative a list of all such vehicles with emitter units. 2. Malfunctions of EVP Systems shall be reported to the County immediately. 3. In the event said EVP Systems or components are, in the opinion of the County, being misused or the conditions set forth herein are violated, and such misuse or violation continues after receipt by the City of written notice thereof from the County, the County shall remove the EVP Systems. Upon removal of the EVP Systems pursuant to this - 10- L Agreement No. PW 16-49-08 CSAH 1; C.P. 9618 & 9619 paragraph,the field wiring, cabinet wiring, detector receivers, infrared detector heads, indicator lamps and all other components shall become the property of the County. 4. All timing of said EVP Systems shall be determined by the County. XXII It is understood and agreed that upon completion of any and all improvements proposed herein, all water distribution system components, concrete sidewalk, bituminous walk, fencing, railings, landscaping and all municipal street construction included in said improvement shall be the property of the City and all maintenance, restoration, repair,replacement or other work or services required thereafter shall be performed by the City at no expense to the County. Notwithstanding the maintenance responsibilities of the City as specified in the previous paragraph, it is further understood and agreed that upon completion of any and all improvements proposed herein, all landscaping and associated landscaping structures shown in the plans for the Project, and all improvements included in the afore referenced future Landscaping Project, shall become the responsibility of the City and all maintenance, restoration, repair, replacement or other work or services required thereafter shall be performed by the City at no expense to the County. It is further understood and agreed that said landscaping and associated landscaping structures shall be maintained by the City in accordance with the attached "HENNEPIN COUNTY DEPARTMENT OF PUBLIC WORKS -TRANSPORTATION DIVISION; RECOMMENDED URBAN LANDSCAPE/STREETSCAPE GUIDELINES" (Exhibit "B"). It is further understood and agreed that upon completion of the Project the City, at its sole cost and expense, will perform all routine maintenance on the retaining walls, and retaining wall fencing and railing constructed as a part of the Project.• In the event, at any time in the future, that the retaining walls constructed as a part of the Project are rehabilitated and/or replaced the County agrees to participate in fifty(50)percent of the costs of rehabilitation and/or replacement for said retaining walls, and integral retaining wall fencing and railings. It is understood that noise walls constructed as a part of the Project will not be the responsibility of the City. Upon completion of the Project the County shall, at its own cost and expense, retain ownership and maintenance responsibilities for those portions of the roadway storm sewer drainage system functioning as catch basins and associated lead pipes that are within or between the outermost curb lines of the County roadways as well as those within the radius return limits of intersecting municipal streets. All other components of the roadway storlu sewer drainage system, constructed as a part of this Project including but not limited to all trunk lines, drainage structures, drainage ditches, ponds, storm water treatment structures and cross road culverts, shall become the property of the City and shall be maintained by the City. In the event, at any time in the future, the storm water trunk lines constructed as a part of this Project are reconditioned and/or replaced, the costs of reconditioning and/or replacement shall be apportioned between the County and City by contributing flow. - 11 - 1-- Agreement No. PW 16-49-08 CSAH 1; C.P.9618 & 9619 All questions of maintenance responsibilities that may arise shall be jointly resolved by the City's Director of Public Works and the County's Road and Bridge Operations Division Engineer. It is hereby understood that the County requires an operational clear zone behind the face of curb for storage of snow removed from County roadways. The City, at its discretion, will remove snow that may be placed on the sidewalks and/or pedestrian/bicycle paths within the operational clear zone, as a result of the County's snow removal operations on CSAH 1 within the limits of said Project. This paragraph is not intended to confer a benefit upon any third party and the City's decision to remove snow from the sidewalk and/or paths shall be made by the City in their sole discretion pursuant to its policy on removal of snow and ice from its sidewalks and/or pedestrian/bicycle paths and trails. XXIII The City agrees to defend, indemnify and hold harmless the County, its officials, officers, agents, volunteers and employees, from any liabilities, claims, causes of action,judgments, damages, losses, costs or expenses, including,reasonable attorneys' fees,resulting directly or indirectly from any act or omission of the City, its contractors, 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 afore defined City owned improvements constructed as part of said Project. The City's liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 or other applicable law. The County agrees to defend, indemnify, and hold harmless the City, their officials, officers, agents, volunteers, and employees from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorneys' fees, resulting directly or indirectly from any act or omission of the County, its contractors, 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 County owned improvements constructed as part of said Project. The County's liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 or other applicable law. XXIV 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 and the City's liability is governed by the provisions of Minnesota Statutes, Chapter 466. The County and the City each warrant that they are able to comply with the aforementioned indemnity requirements through an insurance or self-insurance program. - 12 - L— Agreement No. PW 16-49-08 CSAH 1; C.P. 9618 & 9619 XXV Nothing in this Agreement constitutes a waiver by the County and the City of any statutory or common law defenses, immunities, or limits on liability. Neither party can be required to pay on behalf of itself and the other party any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable to any one party. The limits of liability for the County and the City may not be added together to determine the maximum amount of liability for either party. XXVI It is agreed that 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, and that any and all claims that may or might arise under the Minnesota Economic Security Law or the Workers' Compensation Act of the State of Minnesota on behalf of said 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 County. Also, 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 the County shall not be considered employees of the City, and that any and all claims that may or might arise under the Minnesota Economic Security Law or the Workers' Compensation Act of the State of Minnesota on behalf of said 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. XXVII In order to coordinate the services of the County with the activities of the City so as to accomplish the purposes of this Agreement,the Hennepin County Engineer or designated representative shall manage this Agreement on behalf of the County and serve as liaison between the County and the City. In order to coordinate the services of the City with the activities of the County and so as to accomplish the purposes of this Agreement,the City Engineer or designated representative shall manage this Agreement on behalf of the City and serve as liaison between the City and the County. - 13 - AAA- Agreement No. PW.16-49-08 CSAH 1; C.P. 9618 & 9619 XXVIII It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. XXIX 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. XXX The matters set forth in the "whereas" clauses at the beginning of this Agreement are incorporated into and made a part hereof by this reference. (this space left intentionally blank) - 14 - WL Agreement No. PW 16-49-08 CSAH 1; C.P. 9618 & 9619 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: 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: Ass to Cou ty Att rney And: Date: "7/24 /OK 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: • - 15 - V`\/ Division of Cost Summary Hennepin County Project Nos. 9618 & 9619 - Federal Aid Project No. 27-601-35& State Aid project No. 27-601-41 MN Project No. STPX 2708(081) Total Estimated Cost Hennepin County Eden Prairie Contract Construction C.P. 9619 Roadway 3,934,614.48 3,624,338.50 310,275.98 Storm Sewer(1) 982,942.50 491,471.25 491,471.25 Subtotal A $4,917,556.98 $4,115,809.75 $801,747.23 Less Federal Aid (z) -3,036,416.00 -2,528,393.95 -508,022.05 Subtotal B $1,881,140.98 _ 1,587,415.80 293,725.18 Contract Construction C.P. 9618 Roadway(7) 6,720,825.92 6,122,084.27 598,741.65 Storm Sewer(4) 2,064,566.00 1,032,283.00 1,032,283.00 Subtotal C 8,785,391.92 7,154,367.27 1,631,024.65 Contract Construction TOTAL(3) $13,702,948.90 11,270,177.02 2,432,771.88 Engineering (8) Design (10%) 240,394.79 0.00 240,394.79 Construction (8%) 192,315.83 0.00 192,315.83 Right of.Way(1) 5,250,000.00 2,625,000.00 2,625,000.00 County Supplied (5) Signal Equipment 180,000.00 142,650.00 37,350.00 Project Impact Minimization and Mitigation Costs(6) 2,492,646.20 1,490,386.20 1,002,260.00 PROJECT TOTAL $22,052,305.72 $15,528,213.22 $6,530,092.50 (1) 50% Eden Prairie; 50% Hennepin County (2) Capped at$3,036,416.00; Pro Rated based on each party's construction costs. (3) Subtotal A and Subtotal C (4) 50% Eden Prairie minus$28,824(to account for Eden Prairie's construction costs of$57,648.00 for the City's CSAH 1 &TH 212 storm sewer project); 50% Hennepin County Plus$28,824.00. (5}City share=33%of signal system B and 50% of signal system C. (6) As shown in summary of Project Impact Minimization and Mitigation Costs(sheet 2 of Exhibit "A"). City costs will be reduced by$696,760.00 from $1,085,760.00 to$389,000.00. (7) $571,322,50 of estimated $598,741.65 City share of roadway contract construction costs are eligible for municipal state aid, remaining $27,419.15 not eligible since it is for new municipal utility 18) Design engineering equals$2,432,771.88 less$28,824.00(storm sewer work by City) rnultplied by 10%; construction engineering equals $2,432,771.88 less$28,824.00(storm sewer work by City) multplied by 8%. Hennepin County Agreement No. PW 16-49-07 Exhibit"A"; Sheet 1 of 6 \AIL PROJECT IMPACT MINIMIZATION AN))MITIGATION COSTS (Non.Lontract ansttuction Items) SUMMARY Hennepin County Project No's.9618&9619-Federal Aid Project No.27-601-35&State Aid Project No.27-601-11 MN.Protect No.STPX 2708(0811 C.S.A.H.No.I from wool of Shetland Road to east of TB 212 Hennepin City of Total Estimated Item County r Eden Prairie Cost Historical Properties Memorandum of Agreement (1) $ 250.000.00 $ 250,000.00 S 500,000.00 5 250,000.00 $ 250,000.00 5 500,000.00 Stating Lake 9281 Riley Lake(6F) (1) $ 160,000.00 $ 160,000.00 $ 320,000.00 9291 Riley Lake(6F) (1) $ 160,000,00 $ 160,000.00 $ 320,000.00 Birch Island Woods(6F) (1) $ 150,000.00 5 150,000.00 $ 300,000.00 Boyce Properly(4F) (1,4) $ 46,500.00 $ 46.500.00 5 93,000.00 Bonfield Reconfiguration (11 5 125,000.00 S 125,000.0D S 250,000,00 S 641,500.00 5 641,500.00 5 1,283,000.00 Utility Undergrounding (1) Xce€Energy Distribution (1) S 100,000.00 $ - S 100,000.00 Miscellaneous Utilities (1) S 100,000,00 5 - 5 100,000.00 S 200,000,00 5 - $ 200,000.00 Metropolitan Airports Commission Site Mitigation (2) S 100,000.00 S - $ 100,000.00 S 100,000.00 $ - S 100,400.00 Consultant Studies Barn Reuse Study (1) 5 9,000.00 5 9,000.00 EA&4(1)16(f)Study[SEH] {2) 5 34,840.00 S - 5 34,840.00 Phase I&Phase II Archeology Studies-[106 Group] {1) $ 12,760.00 5 - $ 12,760.00 EA&4(t)16(f)Peer Review[SEH] (1} 5 12,6810D 5 - $ 12,888,00 EA&Sec 106 Assistance[SEH] (1,2) 5 16,066,00 $ - 5 16,066.00 Phase I ESA[DPRA] (1,2) $ 15,017.00 5 - $ 15,017.00 Phase I ESA Addendum[DPRA] (1} $ 2,897.00 5 - 5 2,897.00 Landscape Mitigation Plan(MnDOT Consultant] (1,2) S 6.178.20 $ - 5 6,178.20 5 100,646.20 5 9,000.00 $ 109,646.20 Tree Impact Mitigation Landscape Mitigation $ 196,2 40.00 $ 101.760.0D 5 300.000.00 5 198,240.00 $ 101,760.00 5 300.000.00 • TOTAL 51,490,386.20 5 1,002,260.00 $ 2,492,646.20 (1) CP 9618 (2) CP 9619 (3) Mitigation for Historical Properties (4} The estimated value of 6F and 4F protected properties impacted by the project is S1,033,000. The estimated mitigating value of the 6F properties (9281 Riley Lake,9291 Riley Lake,Birch island Woods)equals 5940,000. The mitigating value of the Boyce property will be the balance remaining less actual costs of said SF properties. LAST REVISION: 918100 i u..n...,''coca,Ca.,-.1.r+.:*2 aqu:wmm..:�,..ury PI.=a 2-e ru Hennepin County Agreement No.PW 10-49-08 Exhibit"A"; Sheet 2 of 5 Hennepin County Agreement No. PW 16-49-07 Exhibit"A"; Sheet 2 of 6VL ACCOUNTS PAYABLE I RECEIVABLE SUMMARY Hennepin County Project Nos. 9618 & 9619 -Federal Aid Project No. 27-601-35 & State Aid project No. 27-601-41 MN. Project No. STPX 2708(081) , Payable to County Payable to City by by City (County County (County Item Receivable) Payable) Contract Contruction C.P. 9619 $293,725.18 C.P. 9618 $1,602,200.65 (3) Engineering Design $240,394.79 Construction $192,315.83 Right of Way $2,625,000.00 Signal Equipment $37,350.00 Misc. Impact Mitigation $305,500.00 (') $198,240.00 (2) TOTALS $5,296,486.45 $198,240.00 Notes: (1)City's mitigation costs reduced by$696,760.00 from $1,002,260.00 to $305,500.00 because of miscellaneous work or purchases by the City(9281 Riley Lake-$160,000; 9291 Riley Lake -$160,000; Birch Island Woods -$150,000; Ballfield Reconfiguration - $125,000; Landscape Mitigation - $101,760). Said costs shall be actual costs incurred by the City. (2) Contributions by County for Landscape Mitigation (via Future City Landscaping project for corridor). (3) City's construction costs reduced by$28,824.00 to account for City's CSAH 1 & TH 212 storm sewer project. Hennepin County Agreement No. PW I6-49-07 Exhibit"A"; Sheet 3 of 6 • SINKS LAST REVISIO818 8 PRINTED:TED: 93808 7:27 AM FILE:83001_9618-$OI96191OUAN DIES19618-9619_SEO.M.S _ CSAH 1 BETWEEN A POINT WEST OF SHETLAND RD.AND E.OF U.S-HWY-212 COUNTY PROJECTS 9618(SAP 27-601-41)AND 9619(SP 27-601-35) ESTIMATE OF QUANTITIES AND COST PARTICIPATING NON-PARTICIPATING STATE AID NON-PARTICPATINO LOCAL • • FEDERAL)STATE AID STATE AID 9618 REMS SP 27-601-35 &P 27-601-41 SP EN PRAIRI MEO 18 7 • CITY OF EDEN PRAIRIE NENNEPN COUNTY EDEN PRAIRIE STORM SEWER HENNEPIN COUNTY OAT 1 PRAIRIE STORM SEWER ITEM ITEM REM DESCRIPTION UNIT TOTAL UNIT SP 27.60145 SP 181420028 SAP 27.60141 MSAP 181.020027 LOCAL FUNDS TOTAL NO. CODE QUANTITY COST QUANTITY COST QUANTITY COST QUANTITY COST QUANTITY COST QUANTITY COST QUANTITY COST QUANTITY COST COST 2021501 III. •13-1' •N 1 0..r1 •185 900.00 OA 1 OD 007: PI.331I1•SUE.T'_IN FIELD OFFICE TYPE D EACH it - 000,00 .0T•}7�51E1� 15 r5]®® $2.260,00 0459 liana Go 0.044 $1920.00 0.168 1194,740,00 0.002 $60.00 $30000,00 �11=71 FIELD LAB a- • L-� 31'1 0.237�5 7�b[Fj�L, 703] x}i'jj. '5000 0459 2459000 U.ON $440.00 0.169 51680.00 0.002 $20.00■�■. $10000.00 2041610 TRAINEES ® 100 S18 $9 .0. 88 588.00 316 $716,r• 4 04.00 12909.09 i A_'RWG AND GRUBBING ® 65000.00 � �� '8 0 2101603 00010 ROOT CUTTING ®® 1. -SII1� �-----��- .� 0!0 PAVEME MANORS REMOVAL r5!3 ..�.I � -_-- i_1- ___ 1Y51 8 , Aa' ••G>_ 1 I5 '4llm�.IpF' 4 00000--- •I•]� �i R• Yi6•lIA4l�- -����-��2103501 000 SOLOING REMOVAL A § ,88V 0 00.00�k� 00012 BUILDING REMOV I 1 2000.00=� . = =---- -- ---2103.501 ...1 B DIN REMOV• I. 2 20 000.00 1j03.701 00014 KN M TlM 520•00.00-----M.----------M �ID0'O 3 2103.507 00010 DISCONNECT WATER SERVICE 2 500.OD $500.00 $50000 1,000.00 2104.501 00080 REMOVE PIPE WATER00I ® 1300 1f0 $1,2$0.00_ 4789 $5,258.00 IT 15100 21...501 00018 REMOVE WATERMAN 13.00 80.00 1,489 $t$$$,357.00 218,357.00 2104.501 00016 REMOVE SEWER PIPE(STORM) Ii FT. TO 207� 51100.00 - 507 2330000-------�- 54 410.00 2104,501 00022 REMOVE CURB AND GUTTER LIN F(. 6170 2.00 1.579 87.70040- 4597 Sg9.t94.00 $12,340.00 2104,501 00049 REMOVE RETAINING WALL LIN.FT. 2773 14.00 2)i E2.]N.00- $4,93300 2109.501 00035 REMOVE FENCE LIN.FT. 1,233 0.00 1233 $4,932.00 $4,932.00 21i4.501 00037 REMOVE CHAIN LINK FENCE LIN.FT. 2:7 4.0 9 ..00 52)8 $21112_00 '.21148.00 00039 ®111011MIIII��1••l� 81.30A0----� 50000 1'-------_- of 930.00 2104,509 00060 REMOVE WATECONCRETE CURE PIPE BM ]24 10.00 144 $11200p_ 209 $2A90A0-- --_____ $3,490.00 2104.501 0008p REMOVE PORTABLE CURB 24 5.00 24 400.00 '.490.00 2104.503 00027 REMOVE CONCRETE NOSE SrFT. 304 1.50 103 554.90 201 $301.50 $456.00 2104.505 00021 REMOVE CONCRETE WALK SQ.VO. 1235 6.OD 287 51,722,00 946 $5,888,00 $7,410,00 2104.505 00108 REMOVE CONCRETE DRIVEWAY PAVEMENT 50.YD. 22 7.00 22 854.00 $154.00 2104505 00120 REMOVE BITUMINOUS PAVEMEM SO.VD. 64,967 2.00 23,831 $47.662.00 41136 $82,272.00 $129,934.00 2106.509 ..I REMOVE VEHICULAR GATE - �® 2�0a.W 1101 SZOOW 4 800.00 $300.00 21D4,509 0•• REMOVE PIPE APRON $1000.00 2104.509 00030 REMOVE SEPTC TANK EACH 1 500.00 1 $5W.00 1. $500.00 M. 0004730 �� 00.00 iii.I SD. 7 ,450 1100 2350.00 2104,509 00100 REMOVE MANHOLE VM_VE CATCH BASIN EACH 15 200.00 3 $850.00 12 $3,240.00 Mil 'A 800.00 2104.509 00105 REMOVE CASTING EACH 5 125.00 3 $3)5.60 2 $250.00 $525.00 2104.509 OOtOJ REMOVE GATE VALVE EACH 9 200.00 SOAO 9 '•1800.00 '.1800.00 Ela.0944 9 00119 �� 00.00� 00 $600.00_-_----I __ $600.00 2104.509 00109 REMOVE HYDRANT EACH 4 g70.00 60A0_-_- 4 '.$560.00 ',1630.00 2 4509 �REe,OVEH.OECIIOi,.I a.i �© sW.0O 0 818AO000 E-■- 2 $Sz20 0 ao■-■-��■■■. $20A00.00 2104509 00153 REMOVE CONTROLLER FOUNDATION EACH 4 3G0.00 2 $720.00 $1,g40.00 2104.509 00199 REMOVE SIGN EACH 1 200.00 $20000 2104.5D9 00399 REMOVE HNHlIN1E EACH 46 120.00 20 $2A00.00 26 0 120.00 20,400.00 2104.511 00040 SAWING CONCRETE FENCE ETE PAVEMENT(FULL DEPTH) LIN.FT. 27 5.00 27 $195.OD�I 59 5.? -_----- $135.00 2104.513 00011 SAWING RNLBINOUSPAVEMENT(FULL DEPTH) LIN.FT. 3,059 4.00 1.306 65,229A0 $12,236.00 2104.521 OOOW SALVAGE FENCE LIN.FT. NO 4.00 5320.00 2104.523 00530 SALVAGE COMMERCIAL SIGN 1 50... -1- iiiiiiMIIIIIIIMy.-�I ---------- .500.00 2104.523 005E) SALVAGE SIGN TYPE SPECIAL EACH ® 50.00 7 --_-��f - --- --- MOO t� 00000 E507.teIP1.7.'1l,.,ZEMA.JY� •.0 2�8 ,� ---®�r'=i0--------- 67320.00 2104.525 D0006 ABANDON SEPTIC TANK EACH ..,00 2 ----��------- -- .1000.00 2104.52 00011 ABANDON 5 SEAL WELL SWIFT EACH 2 t000.DO 2 $2A60.00 -_-1-M =--_�___ $2AOOA0 Nolo - t•4 9 1552S 5L7 T3'7�.t08,550�.7�---�� $TDB 7:00--------�� 210550] 00010 SELECT GRANDIAR.3,• CU.YO, 19,529 12..0 948 $6.610.00_��� 188 MOM_- _ $ 00010 SELECTCRANIIAR EXCAVATION CU.112 :z. 2ao 16048 ._,376.Li 183290.00 ®� 1® ��-----� 9WA5-�_---____ I�1980000 F.1[II3S�� - - I•. PU�'kl]GI�IES7===�� ----� � -___ �r PR.Fffi,�.,V.1� - a I 51�3•'1II@I'7'.'l - 3I1SIl �, '113bEi.11t$STIAK.5I-!Tn•1r •E -J.04..T 05190 S5'�iliL•ir OODELl���- -----il BE..kA 0.,I � ���130000.00 S.607 00213 EXCAVATION - •ELM'A'-TR•'TMENT B.4SIND - 35040.00 �-_IM 1�_O---�� 21.5.01 002 EXCAVATION SPECIAL C- Vp. lir 40.00lir $24,000.00 21..:. C v. -N P•E•F .T' NATED MATERIAL CU.YO, 40.00 524 000.00 2118.601 00030 AGO SURFACING CUSS 2 ON E• 19.00 2! .MVI7 $1_,482.00 $5.491.00 2123.610 00045 STREET SWEEPER(WITH PICKUP BROOM) HOUR BOO B0.00 00 824.001.u0 848,000.Do $72.000.00 2130 01 00010 WATER MGAL. 60D SO AO 200 $10.00q.00Mil -- 520 NOOD----�-..■■ 630,900.00 1.1.502 00.11 ALCIUM CHLORIDE SOLUTION GALLON B..I 1.•. 2000 - 6.00 6 000 00 9000.00 MIME 00000 LTE2iLE=41M1IMUIEIMIIIIISTIEFIMIIIIIIWIRAIIIIIIMLIER1 320672000---- .5120.00---MIIIIIIIIIIIMMINI1111111111.1111MMIMMUMMIN -55 571 MOO 231.501 00010 BITUMINOUS PATCHING MATERIAL 150 80.00 SP ��� . 58,000.00 �-�__---. $12.000.00 2232.501 09056 MILL BITUMINOUS SURFACE(YI 454 10.00 133 -��_- $3210.00 §4.5f0.00 2357.502 00010 SITUMNOUS MATERIAL FOR TACK COAT GAL, 12,988 2.80 4,440 $12,432 OD 7,648 $11 A14,40 §33,846.40 2360.501 23600 TYPE SP I2S WEARING CDI EM MY) TON 23,031 63.00 8,594 $541422.00=a-1 5909531.00 --����=- SI 450953.00 2360.502 43200 TYPE SP 120NON WEAR COURSE MIX(SW TON 24,872 58.00 9,t'17 $328,J86.00 15,755 91379..00� ��� 1 M2576.00 2360.503 23525 TYPE SP 12.5 WEAR CRS MIX(3014.0. SO,YO. 1,691 15.DO 467 $7.005.00 1,364 VD,MOOD--_�--____ - $27,465.00 gMEIM222ENMISTRUCTURAL S: . :LF)-1 )!� .0.00-----�-.-- '17430.00 s33.930.00-------- $40.0041150 0 TcTUSOLCONTE I33431 CUYO 195E 40. - 9S8 $46,00.00 78 $44,00.00 �■■ $2, 0.00415 0001 STRUCTURE EXCAVATION CLASS CU VD 769 0.00 394.5 100 39 ,100 §7,690.0024 0030 GRANULAR LLICVI L 441 20.DO $6,420.00 32 56420.00 $1841004154 00010 REINFORCEMENT BARS LOS 8431 1.O 4215.5 '.421550 4 155 •2150 .803.00 00 2411.541 00011 REINFORCEMENT BARS(EPDXYCOATEDI LES 22,386 1,10 11,1935 $12,312.00 11,05� 1� $58,00000 2411.603 00010 CONCRETE PARAPET LS 1 8,08100 77 11920.00 140W.00 $B4O00.DI 2411.803 00008 CONCRETE PA4PPET WAIL LIN.FT. 348 BO.pO t]4 813,920.00 174 $13,920A0 $27,640.00 Hennepin County Agreement No.PW 16-49-07 Exhibit"A";Sheet 4 of 6 5L • BV:JKS LAST REVISION:988108 PRINTED: 9/8108 7:27 AM FILE:00001 96IB-961•AWAIRITIESV9618-9619SEO.%LS CSAH 1 BETWEEN A POINT WEST OF SHETLAND RD.AND E.OF U.S.HWY.212 COUNTY PROJECTS 9618(SAP 27-601-41)AND 9619(SP 27-601-35) ESTIMATE OF QUANTITIES AND COST PARTICIPATING I104PARTICIPATING STATE AID NON-PARTICIPATING LOCAL FEDERAL/STATE AID STATE AID 9618- ITEMS SP27-601-35 924127-601-41 3P 181-020026 MOM 181-020027 CITY OF EDEN PRAIRIE. HENNEPIN COUNTY EDEN PRAIRIE STORM SEWER HENNEPIN COUNTY EDEN PRAIRIE STORM SEWER MEN ITEM ITEM DESCRIPTION UNIT TOTAL UNIT SP 27-601-35 SP 181-020.026 SAP 27-601.41 MSAP 181-020,027 - LOCAL FUNDS TOTAL NO. ' CODE QUANTITY COST QUANTITY COST QUANTITY COST QUANTITY COST QUANTITY COST QUANTITY COST QUANTITY COST QUANTITY COST COST 2244169888 00320 AMROCDHNIYSAUR RBCALTCEP F'LUETAICT COLE,T a TFT0,• 4419743 20205..0000 223151 4 $$3M 12.60 B $ 111825 00 241b11 00 CCON R SU ,„Q. 0 FT 93 60 _41111:618 SPEWSUACEOCRWGUA OF 12 g $F 2 499 ]8pp 499 1�91:00EH/MULSTON 34497 1718 1 1 1 t57 .50 0 1. 2422618 00104 LAMINATE WOOD NOISE &8p000 785 $ 4A0 1 17 S i0008 E511011110 CU YD 90 1 00 10 013000 2000 260 0 20 E280 40 2000 8111000 25.1. 2012, - ---•• ON EACH 400.00 400,00 $400.00 2501:515 90180 15•RC PIPE APRON EACH 8 1500 $65000 6 000 $4 O00 2501515 90240 24 RC PIPE APRON EACH 1 950,00 1 i880.00 $850.00 2601.515_ 90240 2d•RC PIPE APRON EACH 1 2501.615 90270 27'RCPIPE APRON EACH 2 110000 1 $960A0 200.00 301 RC 5z zoo DD $z z6D aD 2501521 90220 FIFE EACH 4 1,380.00 1 57200.OU S $3,800.00 9760, 2501.525 90220 22•SPAN RC PIPE-ARCH ACULV PRON IAA LIN.FT, 122, 00,00 122 $5760.00 $9,76UA0 2501.602 08024 22TRASH S H G AC PIPE-ARCH241APRON EACH 2 700,00 2 Imam §].Mae DD 2501.602 06024 TRASH GUARD FOR 21`PIPE APRON EACH 1 700.00 1 $700.00 bi00.00 2501.602 08027 TRASH GUARD FOR 27•PPE APRON EACH 2 60000 2 31,600.D0 $1,600.00 P 06030 TRASH GUARD FOR 301 PIPE APRON EACH 4 900A0 4 $3800.00 $9.800.00 2502.541 07040 4'PERF PE PIPE DRAW LIN.FT, 4.349 7.00 3,124 $21,888,00 1,225 $8.5i5A0 5044 2503.511 02120 12CS PPE SEWER LIN,FT, 44 33,00 44 $1.452.00 9�1 13040 YPVCPIPE SEWER LIN Fi 10 0000 10 $30000 00000 25p3311 73080 8'PVC PPE SEWER LIN FT 120 BP.OP 120 $7200.00 $],200.00 2503.541 90122 12 RC PIPE SEWER DES 3006 LIN.FT. 7 29.0, 16 .464.6, 259 7511.00 $7975.00 2503.541 90152 15117C PIPE SEWER DES 3006 LIN.FT. 1181 33.00 3,898 $128,694.00 7713 0254,529.00 9383,153.50 2503.541 90183 18'11C PPE SEWER DES 3006CL III LIN.FT. 1,70 37.00 283 $10,471.00 1.423 $52,651.00 $63,122CO 2503.541 90164 18•RC PIPE SEWER DES 3005 CLN LIN.FT. .20 41.00 200 38,200.00 $8,200.00 2503.541 80213 211 RC PIPE SEWER DES 9006 CI.III LIN.FT. 1,18 42.0 --- r .16 546 00 EMINNIMMINEiiiMM MIN==MIIII rirli 33306.00- - 2503.541 90243 2411.0 PPE SEWER DES 3006CL 0 LIN.FT. 1,97 43.00 1,015 043,645.00 955 141,06500 , $64,710.00 2503.541 00244 241 RC PIPE SEWER DES 3006CLN LIN.FT. 71 47.00 216 $10,152.00 503 $23,641.00 $33,79100 2503.541 50273 27-RC PIPE SEWER DES 3006CL III -LIN.FT. 20 49.00 203 $9947.00 $9947.00 2503.541 90303 30RC PIPE SEWER DES 3006CL 0 LIN.FT. 20 50.00 26 $1,300A0 181 $9,050.00 $10,350.00 2503.541 90304 30111C PIPE SEWERDE530D6 CLN LIN.FT. 7 55.00 70 $3,85000 $3.850.00 2503.602 00021 AIR REUEF MANHOLE EACH 3,000.00 00 1 13,000.00 $3,000.00 2503.602 13402 8`x4`PVC WYE EACH 200.00' 1200.00 1 $200.00 2504.601 00040 TEMPORARY WATER SERVICE LS 7,000.00 $7,000.00 EffMaill 00007 I• , $ ��� 50.00 ---� IO1 ,003 ao-----��-- 150.00 2504.602 00020 HYDRANT EACH 250000 4 sin 0000 1 0250000 $1250000 . 2504.602 EACH 1 2,200.00 11 98420000 2504.602 60025 ADJUST HYDRANT EACH 700.00 E2100.00 2 $4,400.00 2 21 L00 $3,E500.00 a500.00 2504.602 00033 11 CORPORATION ATIONVALVESTOP EACH 2 2175.00 t 54.675.00 3 E825.00 • 97.75$5,500.00 2504.602 00712 12 SUTEERFLy VALVE EACH 1 100,00 4 $150000 1 1]5.00 $ti50.00 2504.602 00712 12'BUTTERFLY VALVE AND BOX EACH 2,600.00 $O.W 4 $2.800.00 $2,800.00 2504.602 00706 161 2 001306 6-CTE VALVE VALVE AND BOX EACH 1 B�.00 1 57201,0p 2960000 BOXx EACH 1400.00 1 $1200.W 6 21400.00 1 01200.00 $1400.00 2504.602 03005 AGATE yALv5ANo STOPBW( EACH 1250.00 St 400A0 1250.00 2504.502 03100 ADJU5TSTR0 EACH 250.00 1 $260W $600.00 $DATA 2504.603 00070 1.INSPECTION ION H EACH 400.00 00,00 8 03,200.00 1 $40000 91,600.00 2504.603 00070 HOLEINSPECTWNR LIN.1T 3 40.00 18 $8$0.00 22 $1,100.00 $1,900.00 2504.603 0071010WPE SERVICE4000P2R IP 118.FT. 1 80,00 $0.00 12 $07s00 E980 25.00 2504.603 00710 1`TYPEj'L0I I COPPER PIPE LIN.FT. 10 8 00 $0,90 95 53,075.00 10 $850,00 925.00 250® 01062nA IN PT 391 3000 122 66000 128 $81000 140 $420000 1,80E00 24 $912.00 $912A0 250480a 01122 12'WATERISAINDOETILEIRON CL 52 LIN FT 1346 4000 $OA0 13]e $R504QM 65504006 2509603 01100 4.POLYSTYRENE SUL TIONCL92 VN,FT 4 25... $0.09 41 51.0','2) E2,568.00 250q.6P4 D1100 d'POLYSIYRENE INSULATION 8•.VD. 1, 25.•• • 1„ - 2 500••--..- 01., WATEFAAAIN FITTINGS /8. ,00 11-• - �---• .1.0 L Wi, 1000 40,.,.IX1 $3322,.,0 2606.501 00060 ST ERA -•.2 -E DESIGN F •a -' , 250.0, 0.00 ,:: 52200,,, 77'2 93050.00 -145250.00 2506.501 ,,,4. •• T•RAMAGESTRy ARE• -NO ,FT, 777.8 '„0 ,,, 242.7 7. 83.00 535,1 1 17-.00 2225,6.260 25.•.-, II,:, •,1- •RAIN STRUCTURED SIGN H LIN. 1 280.0, 50.00 .:9 : 2..• T 2 $19 41.10 38 2596.501 �420 CONSTDRAINAGE$TRUCT DES 48-4020 IN.FT. ,: 3,0.00 70.00 2500501 02720 CONST DMIMrESTRUCTDESSA 4020 LIN FT 429 35000 8000 166 5342500 2 4 91000 $117 4500 501 03020 CONSTOTWNAGE STRUCTDES BD 4020 LIN Fi 181 9p000 4000 128 5512000 5.3 s 1 000 T 4000 606502 1,..,0301 CONSTDMNAGE Tft,.'*„REDESIGN SPECI EACH 5 4000000 $000 $12000000 2 $8000000 520000000 2508518 1101 C LNG ASSEMBLY E 2 00.00 ,.00 4.000,00 1� $96000.00 $144,000,00 2505.521 00010 IN TALL CA TING EACH 2 250.00 2 2500.00 $500.00 2908.522 ,0011 ADJUST FRAME RI CASTING ����7�' I�b131Rfdgl�ll mi.1lI���------ $t9800.OZ YS06.602 00134 EACH 2 400.00 1 5400,00 1 $400.00 800.00 2506.602 _00040 CONSTRUCT SANITARY MANHOLE EACH 1 -3,0,.,, 101.10 2506.603 00062 RECONSTRUCT MANHOLES LI.FL. :: 400,0 8.9 BOAO • 3580,0 2511.501 00013 0320014060441 CLASS III CU.YD. 111.2 100.00 20.00 43.1 04,310.00 5.9 5590A0 622 25.220.00 $11,120.00 2511.515 00014 GEOTEJGBE FILTER TYPE N 50.TO. 206 3.00 $0.00 88 $284.00 4 $12.00 114 $942.00 $516.00 2521.501 00040 4•CONCRETE WALK SO.FT, 36,274 3.50 17,331 $00,65850 20,943 733_0,50---------I J.2521.501 00060 6'CONCRETE WALK 50.FT. 20,495 4.50 9,689 343.600.50 10,806 $48.627.00 _ 292,227.50 2521.511 00040 4•81711M1001JS20A1.,K SOFT. 190731 2.70 30964.5 E83.60415 3056450 28360415 64A01 017388270 64,401 517E 70 251497 70 • 2531.501 02120 CONCRETE CURB 8 GVITER DESI0013424 LIN.FT. 49.181 12.00 11.1050 $133,250.00 42870 951,564.00 24,814.5 $297,774.00 6.964,5 $10757420 2590,172.00 2531,501 02310 CONCRETE cORB&GUTTER DESIGN B612 LIN.FT. 349 1200 ----M1M71 209400 IIIIIMME11Y-,5„ ----- 1` 8�00 2531.501 02315 CONCRETE CURB B GUTTER DESIGNB618 LIN.FT. 237 12.00 59.0 $708.00 59.0 $708.00 59.5 3714410 505 5714.00 $2,844.00 2531.501 02320 CONCRETE CURBS GUTTER DESIGN B624 LIN.FT, 643 12.00 587.0 17.044.00 56.0 $672.00 $7716.00 2531.501 04111 CONCRETE CURB GUTTER DESIGN D412(NAODi LIN.FT 248 15.00 335 335 350250 905 $135750 90.S $1.3A50 372000 2531.503 00013 C.CRETE MEDIAN NOSE _SO YO 216.0 100.00 790 27,900,00 137,0 813,700.00 21600.00 2531.507 00070 2 CONCRETE DRIVEWAY PAVEMENT SO.VO. 236.0 0.00 6.0 $240A0 CO $240.00 112.0 $4,480.00 112.0 $L480A0 9,44000 2531.603 00014 RELOCATE PRECAST CONC CURB DES 7109 LIN.FT. 64.0 5.00 64.0 $320.00 $320,00 2535.501 00010 BITUMINOUS CURB LIN,FT, 298 10.00 298 $2,980.00 $28�.00 2533.507 00010 PORTABLE PRECAST LONG BARRIER DES 8337 LIN FT. 1000 20.00 238998 $4779.96 25.000 $50000 75.000 3150000 459000 6918000 44000 588000 158700 3 160 00 0002 5004 E2000000 Hennepin County Agreement No.PW 16-49-07 Exhibit"A";Sheet 5 of 6 - W BYJKS LASTREY6K1N:9/8/08 - - PRINTED: 9IB108 7:27AM FILE:01001_9690-961510025T1TIES061841610 0E0303 CSAH 1 BETWEEN A POINT WEST OF SHETLAND RD.AND E.OF U.S.HWY.212 COUNTY PROJECTS 9618(SAP 27-601-41)AND 9619(SP 27-601-35) ESTIMATE OF QUANTITIES AND COST PARTICIPATING NON-PARTICIPATING STATE AID NON-PARTICIPATING LOCAL FEDERAL/STArEAID -5'IA0EA1D 9618 ITEMS SP 2-001-35 SAP 27-60141 SP 181-020026 USA'181-020027 CITY OF EDEN PRAIRIE HENNEPN COUNTY EDEN PRAIRIE STORM SEWER HENNEPN COUNTY EDEN PRAIRIE STORMSEWER ITEM ITEM ITEM DESCRIPTION UNIT TOTAL UNIT SP 274101-35 SP 101020.020 SAP 27-60141 MSAP 181-020.27 LOCAL FUNDS TOTAL NO. CODE QUANTITY COST OVANOTY COST QUANTITY COST QUANTITY COST QUANTITY COST •1MNT TY COST QUANTITY COST QUANTITY COST COST RAIOW10 RELOCATEPORTPRECASTCONC BAR DES 4337Rai 500 t0A0� 12.500 6125,00 37500 icN•1.1r1 32.295A0 22.000 $220.00 ]9.000 3]90.0• 0.002 5002___- E5,000,00 00450 MAIL�•X 20000 �(j 2560.�2 oosp0 I SAC z9D.oD -GG.GG ®®iiiiiiiiiiil SAC1111111 H 1 r.=�RN0blq_i====� rSl= �i'.}r� 01,R,f1� I -llAlldll Ck3E5E�t:i141 CT ATTENUAT• IMSEMNIIIIIIIIIIIIIIn 3 000 r=818[RI'kl11111811/ 3�Ir71111MEMEBIN ICOODrI]MMIN98 � dI7 - 1111111118FSIIMME8151878 ,I-i15,l♦IMIIIIIIIIII111111181111111111 113000.00 FI-b'-6Y0��)♦ L` IM 'TTEN 'T•: 0 I IEN152]i8[:k] ?r]1M1181CAT0jllITRITI yliMMEETECIIIIIIIIKEI.1:1llill1111FE r. 0220 533000 1111111111.3R r]-- 111.11=1 Magill�•,i WI F N • ION S-2 VINYL COATED I MMII.M1 -=51j11 IZl� 11.1111111111MMMII-pay17`•]--------mommo09mln I.1-i3A:.,9 111 I NS2v•. ®alMilCEI11 C] 5.70r7mmimmieIIIIIIIMIIIMIIIIM611MIIIF-D'7tT17II11MMIIMIMIIMIIIIIIIIIMINIIIIIIIIIIIIIIIIIM=MIMMIIMIIIIIIIIIIIIIIIIIIIIIIII1111111111111111M111111111=111111111111��f71RiIg1 RT5ET7Q1II11 r7I2O��Al .,-47.I '15 r1� 111111111MMIIIIIIIIIIMIIIIMI 1 .40080 MMINIMMI.11111111111.11111111.11.M111������11Qffi7 2557527 00020 ELECTRICAL GROUND ® 7 30.00 50.00 I 390A0����� $350A0 2557.8• •:V-1r I.- ALL FENCE L4� 80 It_� r i.__ �,r] .::i.r.r-----�--- ......11 2557 603 00030 WIRE FENCE,6-FOOT WITH 3 STRAND BARD glail ill 5.115 1500 $0.00 5,1l5 'lx $92.0770.00 WIN CEDAR spar RAIL (STFENAG IF-- 980 10�00 .0 $9,800.00 TRAFFIC CONTROL(STAGER 1 :00000.00 $45000.00 4 8 0.04d 0.002 -80000 r,•. 2563.01 Q)D TRAFN CONTROL STAGE2 ILS1♦111111MMI 800000.00®i 1118500.00 1 0.00 37500.00 � .4,,Aml 522 009.0 11111111111.EXth 79000.00 0.002 100000 = =11111111111111111111 .1.11.91008E.8.1 2110513 00003 TYPE III BARRICADES UDAY 1,000 2.75 230990 5657.24 IlliM 75.000 $206.25 459.000 MIEMEIr $121.00 rrrr S434.BO .OD2 $0.01 I__ ' 7.0.00 2563.613 WOW FLASHER TYPE A(LOW INTENSITY) UDAY 1,000 2.00 238.990 ]'.•i� 7500. 150.00 459.000 $88.00�L.S'rt011111111111111111= 0.002IIIIEFININIIIINIMINIIIIMIIIIIIIMIUMININ 52000.0' 2563.61 00500 REFLECTORI2ED DRUMINAIOWN ARROW UDAY 1,000 1.00 236.998 $239.00 525.00 75.009 575.00 A59000 $459.0D 44.000 158000 $158.00 0.002 0.00 iNEIMMIMINMIEM .100001 2563.618 000011 FORTAELE CHANGEABLE CONSTRUCTION SIGN-SP CIALL AGE SIGN SSOOAFFr 500 0216.00 119A98 E10fi11.97nit 0000 3].500 MO 00 229.S00 $3672.GO 22000 70..00 $1264.D0 0002 $O 4 003 -_- $18010.00 2564.539 00130 SIGN PANELS LLSAGN00TYPES EA.FT 1,398 30.00� 1111 $24210.00-_-__�� N - $41.090.00 256453] 00130 INSTALL SIGN TYPES EACH 18 t00.00 421000 1730.00 00030 IM$C=EIMI 950.00© $750.00----©MMIIIIt ---------- 1 590.00 2565.602 00011 INSTALL SIGN 50C SIGNAL EACH 91 20.00 36 1204.0 111 $1,180.00 $1,90000 2565.511 00011 TEAFFIC CONTROL SIGNAL SYSTEM A SIG SYS 1 131,204.00 1A 5131,204.00 30A0 $131,204.00 2565.511 00012 TRAFFIC CONTROL SIGNAL SVSTEMB SIG5Y5 1 1a 256.00 0667 564770.67 $42,00.5.33 30.99 IIIII5126,266.00 2565.511 00013 TRAFFK:CONTROLSIGNAL SYSTEM C SIG SOS 1 125393.00 $0.00 $62696.50 0.5 $12539300 2565.51t 00014 TRAFFIC CONTROL SIGNAL SYSTEM D SIG SYS 1 139,551.00 111 50.00 $139,551.00 $139,551.00 2565.602 00018 IPvCs"HWDSTEE CONDUIT-INTERCONNECT ONINTE EACH 7 660.I 1 11,120.60-��-� $3500.40------�-■■ 37699.20 2565.602 02010 LSRIGOSTEELCONDUTdMERCONNECT LF 3927 9.60 1 148.BU $22550.40 '�$4920.00 ��1/C$144NTERC06HELT � �t �1m----�®"r--1-------- 1680.70 111=2.1131X11'r•.ai.2a:.... T✓.r:! ,6a. -:I•. a•.�• 1W.11.11111.11:114121 Ir ----.1111111113:11 '•0989.20---------- 2565.616 00301 `'•-+.-• n.• - y! SYSTEM 1 iiMi=1113 rr ---- 0 00---------- 65 523.00 ' 2565.616 G0302 TFMPORARYSIGWII.SVSTEMB SYSTEM 1 $61$91 A25.00 $0.00 561,42500 2565.616 00303 TEMPORANymGNALSVSTEMC 5YSTEM 1 49,90800 $0.00 1 $49,008.00 $49,908.00 2565.616 00304 TEMPORARYSIGNAL SYSTEM SYSTEM 1 60,61600 -50.00 1 $60,616.00 $60,616.00 2572.501 00010 TEMPORARY FENCE LIN.FT. 4542 2.50 1,960 f 555200 2582 $s.9.55--00 III $$2992.00 ® 00010 ®� 238 $952.OD 285 $6455.00 11355.00 MEM 00010 I SL00N,i441 YISNA44T.•-® 1�� $0.00-8---� 2079.00---------- '2079.00 502 00040 SILT 2573. FENCE,TVPE MACHINE SLICED LIN.FT. 14,188 2.50 517.567.50 9,561 $23,902.50 $35,470.00 2573.513 00015 TEMPORARY DITCH 50000KTYPE 2 LIN.FT. 304 5.00� 0000-_-� 299 $1.220.00� -. 15200.00 2573.513 DONS TEIAPORARYOf1CH CHECKTYPES CU.YD. 304 50.00 $38W.00 2'a $11400.00 $35,470.00 2573.513 00017 TEMPORARY DITCH CHECK TYPE 7 GU.YD. 50.00 50 $650.00 $1,000.00 00010 5 DIMEN L- •AL BACKHOE I'�' �n Bo.OG�!1� i]- 80 8400.r_ _- - $9:.50.00 30 OOOtO - - .-.' , 294 10.00�1S1� --- $10000 _- $ .00006711®� O MAIM 00�--- 400 100•9. 81500.002 00 00010 . . T j]�r5,4 5E8r r7.1 58 pp0.00-- ---���- $30000.00 2$78801 00010 REEDING = 300.00 9.4 r----� 1---------- 2 7 4Y11<TT6'1�MIXTURE BS. ®i it ----I1 T.r7-- ---���- $375.00 2.7 SEED MIXTURE 240 Orr 28 1I 0 .-- ---- - '8... ®I1IrF11 •DO •E RESISTANT P1'0 E/EI7�MIES5 II7E' r_����.1131 ----------� 1 257k149511 00030 MULCHM' IALTYPE 5r111M 5 0.0]®i r1r1----�1� ---------1MIE 2575.519 00010 DISK ANCHORING ACRE 1.8 80.00®' 52000 ---®�}--R,.I -��---- 90.00 K.a--4 000111EROSIOC.. -.SIS.J:t YN11X.00SO♦I07. 3SL® 6fi 1 1�---�N6711� �-�� -�� 1- 9200 •r 2 7. 23 1 EROSION BLMN $CATEGORY2 0.Y0. 600 • r, --- J.4 rL1�-- -���- _ 512500 rk7E1-Yk11tSS8a81 Ld.U1.Y11.L✓P.i....]\-]...a i•1Y.3•I:NK�ILBS 0.0-�7r�1']_---� 1�-------i� _ -.1 652.50 25¢P� 00050 HYDRAULIC TYPE LBS. 722 0.75 141 500.r 681 $0..90 -- $381.00 2577.24' 0D010 HYDRAULIC SOIL STABILIZER TYPEI 6 L68. 8.000 0.50 2 $L5000. 4000 - 29090 $4361.00 14/I-.52 .10 RAPID AEMZATION METHOD 1 5073, 5404 25Ej]rt��4r i1r]---��1 $1080.00-1. --- $1320.00 '04 00221 COMPOST GRADE 2(SPECU0.1 90.V0. 25004 2.30 6973 E18.d32.50 iS031 547 77 Or �_� $64,010.00 MEM 2581.501 09010 REMOVABLE PREFORMED PLASTIC MARKING R050 90N 1.00 r0iM�7�---�;jrj1 -.6.0.00-- --����-_ $Kl1 jr rIr1 2582.-.1 01Lr1 'AVTMNS0 LT ARR• PAINT [E� 9 120.0. 3 ,00.00 1♦--- 1 7 0.00-----�-1 1 �11 '82.501 01002 PAVT MSSG(RT ARROW)PAINT EACH B 12000 3 $360.00 -1♦-� 720A0 -1_------� 060.00 RDS1131 r5♦':A.:.. ..• -• .- I6IIIIIIM11110111111111MIER:1111111 .000110 MINN=-1♦- IIS81I ♦ -6750.00 -��-��- 512,750,00 2582.501 02092 PAVTMSSG(RTARROW)PLY OPREE EACH 41 21 $5,.0.00 --- 5000..01 --------1 - -10250.00 2582.501 02006 PAVT M556(LT-THRU ARROW)POLY PREF EACH 1 .1 30000 50.00 ---Nil '30000 -11111111111111111111111111111111118111--- -- 3000. 0200] PAVT MSSG•-TNRU ARRO POLY PREF PRIMMININ1111=3111111MIM=1111 '.390001.1111 1-- ------- 600.0. 2582 502 11101 4"SOLID UNE WHITE-PAINT LIN.PT. 2,100 020 700 $140.00®��� --�� $2B0.00 5420.00 40.00 20 - ---_-B0.00 - 120.00 2582.502 11204 4"BROKEN LINEWHITEPAINT LIN.FT. 600 1.00 200 $200001M �� .r• 40000 �- 0000 258 o 72104 4'SOLID LINE YELLOW-PAINT LIN.FT. 300 0.25 100 $25.00----'I 50 OD YFS'J ----- -_� ��' ®��� 100.W ---� 1 rr)'T�]rr---1 111 M 1- 300.00 582.502 12404 4"DOU25E SOLID LIFE YELLOW-PAINT LIN.FT. 3000 0.50 1000 50100---- 2000 '.100000-----�---- .1500.00 ��2A"SSLIII UNEVEILOW-POLY FREE GRIN ®®i 30.Oa®i 539o0.00----11111MMII3 ow-- -- ---- -3900.00 582 502 32404 4"DB SOLID LNE YELLOWBOLYPREF(GR IN) ® 2,195 9.00 1,044 $9.396.00 151 51359430 $10,755.00 2582.502 41104 4'SOLID ME WHITE-EPDXY 12103 0.75 6620 .4965A0 5,483 $4,112.25 $9,077.25 2582.502 41106 0•SOLID LINE WRIfEFPDXY 0.90 345.6D --��- -- --�-�� 2582.502 41204 4'BROKEN LINE WMTEEPDXY ®� 0.75MOH 1r7325 3 426 $2 69.50 i� 53 642.75 2582.502 42404 A CROSNUS LESOLN LINEYELLOW-EPDXY LIN.FT. 622®i� ----®$�---------- 2582.503 00120 :.�.r SWALKMARKING-POLYPREFORM SO.FT. 4,872 8.00 2,]12 $21.69600 2,160 $1 464 46400 $38,076.00 FT 2582.503 00130 CROSSWALK MARKING-POLY PREFORM(GRIN) SQ. . 792 17.00 $0.00 792 .1 .00 $13,464.00 TOTAL COUNTY PROJECT 9618-9619 15.624,33850 $31027596 9962,90250 $6,122984.27 5571,322.50 52,064,566.00 $27,419.15 $13,702,948.90 . Hennepin County Agreement No.PW 16-49-07 • Exhibit"A";Sheet 6 of 6 W HENNEPIN COUNTY DEPARTMENT OF PUBLIC WORKS TRANSPORTATION t iV1SI • N RECOMMENDED URBAN LA' ,E ISCAEEI STREETSCAPE GUIDELINES • • i' ansportatjon Division Engineer Revision No. 0 Date 04/03/95 , APRIL, 1995 Hennepin County Agreement No. PW 16-49-07 • Exhibit "B": Sheet 1 of 8 • April 3, 1995 TABLE OF CONTENTS Page INTRODUCTION 1 RECOMMENDED GUIDELINE CRITERIA I ° Boulevard I . Crosswalks 2 © Curb 2 ° Irrigation 2 o Landscaping/Streetscaping 2 o Medians 3 • Operational Clear Zone 3 o Right of Way 3 a Sidewalks 4 ° Signals, Signing and Other Traffic Control Devices 4 ° Snow Storage 4 ° Street Lighting 4 ° Trees 5 ° Utilities 5 PERMITS 5 FIGURE I 6 Hennepin County Agreement No. PW 16-49-07 Exhibit"B"; Sheet 2 of 8 April 3, 1995 HENNEPIN COUNTY DEPARTMENT OF PUBLIC WORKS • TRANSPORTATION DIVISION RECOMMENDED URBAN LANDSCAPEISTREETSCAPE GUIDELINES APRIL, 1995 INTRODUCTION Hennepin County Department of Public Works' Transportation Division (Division) has as a delegated function and responsibility to maintain a system of roadways that provide transportation far residents of the County in a safe, efficient manner. Year around safety requires adequate sight distances and a minimum operational clear zone that can also accommodate snow storage. The Division has prepared this Recommended Urban Landscape/Streets-cape Guidelines (Guidelines) to more consistently and thoroughly respond to questions about urban landscape/streetscape design practices. All landscape/streetscape plans must be prepared and signed in accordance with the Board of Architecture, Engineering, Land Surveying, Landscape Architecture and Interior Design. The City Engineer shall also approve and sign the title or cover sheet for those landscape/streetscape plans. The City Engineer must also evaluate sight distances along the project and assure the Division,. in a report, that sight distances are adequate. • The placement of obstacles or fixed objects, such as structures, trees, etc., within Hennepin County's right of way shall be cause for the Municipality to assume legal liability and additional maintenance responsibility through a Cooperative Agreement. RECOMMENDED GUIDELINE CRITERIA The following is an alphabetical listing of the Division's recommended guidelines for landscape/streetscape design. The criteria listed is not all inclusive or necessarily complete. Requests for more clarification should be addressed to the, Division Engineer or his/her designee. Figure 1 at the end of this document contains a summarization of the recommended operational clear zone guidelines. Boulevard The Division prefers •a low maintenance boulevard. Snow and ice control methods may prevent the survival of some desired vegetation. The Municipality has the responsibility for mowing and the maintenance of facilities behind the curb. 1 _ Hennepin County Agreement No. PW 16-49-07 Exhibit"B"; Sheet 3 of 8 April 3, 1995 9 Crosswalks Crosswalks shall conform to the Minnesota Manual an Uniform Traffic Control Devices (MMUTCD) . The County's standard crosswalk is a block type pattern, painted white, on top of bituminous or concrete pavement. Municipalities have the responsi- bility to maintain pavement crosswalk markings, after the initial painting. Non-standard crosswalk surfaces (such as decorative brick, colored aggregate, etc.) shall require prior approval by the Division. Municipalities shall have the responsibility to install and maintain any crosswalk surface, as well as the abutting material , if- the crosswalk surface is not consistent with the road surface. The municipality shall also indemnify the County for the use of a non-standard crosswalk surface. • Curb Curb design must conform to Hennepin County's Standard Design and the State Aid manual . Curb and pedestrian ramps must comply with the Americans With Disabilities Act (ADA) . • Irrigation - Water from irrigation systems shall not flow or spray onto the traveled - roadway or onto any County owned structures such as traffic signal components and si.gnage. Concrete gutters shall collect excess water from irrigation systems and not allow water to flow across roadways (gutter in). Effects of subgrade saturation shall be addressed when irrigation systems are proposed. Provisions, such as perforated pipe, shall be included for the pickup and disposal of irrigation water. The Division will not allow an open cut for installation or maintenance of irrigation piping within three years of construction, so consideration -should be given to installing irrigation piping within a sleeve for -roadway crossings. Maintenance and repair of the irrigation system is the responsibility of the owner. Landscaninq/Streetscaninq Roadway geometrics and driver sight distances shall be considered when installing landscape items. A report indicating adequate sight distances have been maintained is required for all access points along the project. The report should consider all elements obstructing a driver's vision such as trees, shrubs, plantings/planters, structures, etc. Any loose landscaping material , such as bark, must have an adequate means of containment that will prevent the material from spilling onto the roadway or sidewalk. The Municipality shall be responsible for maintaining such material , if installed, and for removing the material from the roadway or sidewalk if the material spills onto those surfaces. Loose landscape rock is not permitted within Hennepin County's right of way because of problems caused during mowing, etc. -- 2 - Hennepin County Agreement No. PW 16-49-07 Exhibit"B"; Sheet 4 of 8 • April 3, 1995 The Municipality or owner has the responsibility to trim all plantings and to maintain visibility. Hennepin County's responsibility for landscape/streetscape restoration, after any County activity, shall be limited to top soil , sod or seed. Restoration of specialty landscape/streetscape items, sidewalks and plantings shall be the responsibility of others. The Division prefers traffic control signage to be located behind the sidewalk. Landscape/streetscape should not obstruct the view of signage. • • landscape/streetscape should make allowances for placement or future expansion of utilities within the right of way. Traffic control during maintenance of landscaping shall comply with MMUTCD for_traffic control . Medians The Division can supply typical design standards for raised and depressed medians. Median drainage is a concern of the Division and should be discussed with the Division's Design Section. The Division's guideline does not allow planting trees within the median unless there is the minimum operational clear zone for the posted speed limit (see Operational Clear Zone) . Plantings, including raised planting beds, in medians shall not be higher than 3 feet from the bottom of the curb gutter line, however, sight lines must still be checked. Plantings should be kept as far back from the face of curb• as possible to minimize disturbance due to snow plowing (see also Irrigation). If the Municipality proceeds with placing plantings within Hennepin County right of way, then the Municipality has the responsibility to trim plantings to maintain sight lines. Operational Clear Zone To facilitate the safe operation and maintenance of a roadway facility, an operational clear zone is required. Encroachment into the operational clear zone causes safety and maintenance concerns. The Division standard provides an operational clear zone of 6 feet from the face of curb where posted speeds are 35 miles per hour (MPH) or less. For speeds greater than 35 MPH to 45 MPH, the Division standard provides a 10 foot operational clear zone. The required operational clear zone for speeds over 45 MPH shall be analyzed on an individual basis by the Division (see Figure 1) . Right of 4ay Streetscape/landscape items within the County's right of way are reserved for the public and owned by the Municipality. Hennepin County does not allow private enhancements within the County's right of way. - 3 - Hennepin County Agreement No. PW 16-49-07 Exhibit"B"; Sheet 5 of 8 • April 3, 1995 • Sidewalks. The Division recommends a sidewalk with a minimum 5 foot width and prefers the sidewalk be placed 6 feet from the face of curb to accommodate snow storage. O Signals. Signing and Other Traffic Control Devices All traffic control devices must comply with MMEJTCD. For urban cross sections, the Division recommends traffic signs be placed at least 6 feet from the face of curb to the edge of sign. Sign placement is preferred behind the sidewalk. The location of utilities should be considered with regard to future sign placement. In areas where there is no sidewalk, clearance to the signage should be at least 6 feet from the curb or edge of shoulder to allow for snow storage and/or future- sidewalk(see Snow Storage). Landscape/streetscape should not obstruct the view of signage. . Traffic signals shall have the Division's standard type and cni nr. Any other color scheme requires prior review and approval by the Division and require the Municipality to maintain the paint system at no cost to the Division. Lead based paint shall not be used. Paint must comply with current Mn/DOT specifications. • 0 Snow Storage The Division requires minimum operational clear zones for snow storage along the- side of the road based on the posted speed limit. The requirement of an operational clear zone for snow storage,allows the Division to efficiently clear roads of snow and help maintain the road's traffic carrying capacity. Inadequate snow storage will reduce lane widths, adversely affect traffic handling capacity of the road and prevent trucks from using the partially blocked traffic lane: Roads that are not cleared of snow along the curb to the storm drain can also cause drainage problems when the snow melts. The Division may require that the Municipality obtain an easement if there is inadequate snow storage available within the right of way as a result of landscape/streetscape structure placement. In areas where landscape/streetscape structures cause inadequate-room to store snow off the road, the Municipality will be required to either move or haul away the snow (see Introduction for legal liability and maintenance requirements) . 0 Street Lighting • Street lighting must be functional and meet appropriate standards for illumination. Special consideration should +m given to eliminating glare and shadows. Questions on lighting should b-: re->erred to the Division's Design Section. - 4 .. Hennepin County Agreement No, PW 16-49-47 ' Exhibit"B"; Sheet 6 of 8 April 3, 1995 Trees Trees, in general , can obstruct the view of signs and signals. Prior to the placement of any tree, sight lines should be evaluated that includes consideration for fully mature trees and their canopies. The Division standard does not sanction the planting of trees on County right of way within the operational clear zone (see Operational Clear Zone) . Planting coniferous trees is discouraged within Hennepin County's right of way. Tree grates in sidewalks or paved areas, unless properly installed and maintained, can be a hazard to pedestrians, people with disabilities, and snow removal operations, etc. The Municipality assumes all liability for the placement of any tree grates or other obstacles within the County's right of way. Irrigation, if deemed necessary, should be limited to a trickle type system - (see Irrigation) . The Division dnr's not contribute to the replacement of any streetscape/landscape alteration as a result of any highway maintenance, modification or utility work, m Utilities • Underground utilities that do not extend above the surface may be placed within the County's operational clear zone. Above ground utilities, however, should be placed outside the County's operational clear zone. PERMITS The Division's Permit Office shall be informed of all construction or maintenance work within the County's road right of way. Traffic Control and time of work must be approved by the Division. prior to beginning any work. (Example: Parking in a traffic lane during rush hour is not allowed.) • _ 5• Hennepin County Agreement No. PW 16-49-07 Exhibit"B"; Sheet 7 of 8 FIGURE •1 HENNEPIN COUNTY DEPARTMENT OF PUBLIC WORKS TRANSPORTATION DIVISION RECOMMENDED LANDSCAPE / STRETSCAPE GUIDELINES URBAN TYPICAL ROADWAY CROSS SECTION • • PLACEMENT OF TREES, TRAFFIC LANE MINIMUM _1, UTILITIES, FIXED OBJECTS, ETC. 2° GUTTER OPERATIONAL CLEAR ZONE ill AND SNOW STORAGE \-- RECOMMENDED PLACEMENT OF SIGNS g`minA BOULEVARD FACE OF CURB POSTED SPEED LIMIT MINIMUM OPERATIONAL CLEAR ZONE 35 M. P. H. OR LESS 6 FOOT (FROM THE FACE OF CURB) GREATER THAN 35 M. P.H. TO 45 M. P. H. . 10 FOOT (FROM THE FACE OF CURB) GREATER THAN 45 M. P. H. ANALYZED ON AN INDIVIDUAL BASIS BY THE DIVISION. • APRIL 1995 6 • Hennepin County Agreement No. PW 16-49-07 Exhibit"B"; Sheet 8 of 8 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 16, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.D. Jim Richardson Adopt Resolution Declaring Costs to be Public Works/Engineering Assessed and Ordering Preparation of Special Assessment Roll and Setting Hearing Date Requested Action Move to: Adopt resolution declaring costs to be assessed and ordering preparation of special assessment hearing roll and setting hearing date. Synopsis A Special Assessment Hearing is conducted annually in late October or early November. The assessments levied are for projects which have reached the point of substantial completion since the previous hearing. This process is conducted in accordance with State Statutes and procedure developed with the assistance of the City Attorney. Attachments • Resolution • Exhibit A - 2008 Special Assessments CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2008- RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF 2008 SPECIAL ASSESSMENT ROLL AND SETTING HEARING DATE WHEREAS, contracts have been let for the following listed improvements and the total project costs, including expenses incurred, or to be incurred and the City's share, exclusive of that assignable to City Property,are established as shown on the attached Exhibit A. NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council: 1. The costs of such improvements to be specially assessed are hereby declared to be those as set forth in Exhibit A. 2. The City Clerk, with the assistance of the City Engineer, shall forthwith calculate the proper amount to be assessed for each improvement against every assessable lot, piece or parcel of land within the district affected without regard to cash valuation, as provided by law, and shall file a copy of such proposed assessment in the Office of the City Engineer for public inspection.. 3. A hearing shall be held on the 21st day of October, 2008 at the Eden Prairie City Center, 8080 Mitchell Road, at 7:00 p.m., to pass upon such proposed assessments and at such time and place all persons owning property affected by such improvements will be given an opportunity to be heard with reference to such assessments. 4. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessments to be published once in the official newspaper at least two weeks prior to the hearing. She shall also cause mailed notice to be given to the owner of the record of each parcel described in the assessment roll not less than two weeks prior to the hearing. ADOPTED by the Eden Prairie City Council on September 16,2008. Phil Young,Mayor ATTEST: SEAL Kathleen Porta, City Clerk EXHIBIT A 2008 SPECIAL ASSESSMENTS September 16,2008 PROJECTS Total Cost City Amt to be Funds Assessed I.C. 07-5708 Flying Cloud Drive Improvement $2,330,000.00 $0 $2,330,000.00 Supplementals _ Trunk Sewer and Water $119,147.00 $0 $119,147.00 I.C. 95-5642 Lateral Utilities Hilltop Road $9,091.49 _ $0 $9,091.49 _ Tall Grass Cutting&Tree Removal $6,000.00 $0 $6,000.00 TOTAL $2,464,238.49 $ $2,464,238.49 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda September 16, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.E. Leslie Stovring Declaration of Covenants and Restrictions Public Works/Environmental for Settlers West Outlot Requested Action Move to: Approve Replacement Wetland Agreement and the filing of a Declaration of Restrictions and Covenants for two City-owned Outlots within Settlers West. Synopsis The City is required to file a Declaration of Restrictions and Covenants over the wetland mitigation area. Settlers West Limited Partnership (by The Pemtom Land Company) has signed an Agreement with the City of Eden Prairie to maintain and monitor the Wetland Mitigation Areas until the mitigation area is determined to be complete. Background Information The Settlers West development included wetland impacts that were mitigated on-site. These replacement wetland areas were placed within two Outlots and ownership was transferred to the City of Eden Prairie. An Agreement dated September 8, 2008 was signed by the developer, Settlers West Limited Partnership, which requires them to maintain and pay for any reconstruction, repairs or replacement deemed necessary to comply with the specifications within the approved Wetland Replacement Plan. The Letter of Credit placed on the property will cover the wetland mitigation requirements as well as the wetland and wetland buffer requirements for the development. The Agreement will be in effect until the Wetland Mitigation Area is performing as required by the Wetland Conservation Act. Attachments • Agreement • Declaration of Restrictions and Covenants AGREEMENT 09-08-2008 RCVD This Agreement is made and executed this day of S , 2008, by and between the Cityof Eden Prairie, a Minnesota municipal corporation, and referred to as P � � and the "Settlers West Limited Partnership, by The Pemtom Land Company, its General Partner", a corporation,hereinafter referred to as "Pemtom", WHEREAS, the City is the fee owner and/or holder of a perpetual easement of land located in Hennepin County, Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said land,hereinafter referred to as "the Property;" and WHEREAS, the Property is the site of a Replacement Wetland, as defined in Minnesota Rules 8420.0110, subp. 40 which is subject to the Wetland Conservation Act of 1991, as amended, Minnesota Statute § 103G.222 et seq, and all other provisions of law that apply to wetlands, except the exemptions in Minnesota Statute § 103G.2241 do not apply to the Replacement Wetland, pursuant to Minnesota Rules 8420.0115; and WHEREAS, a Declaration of Restrictions and Covenants for Site Specific Wetland Replacement ("Declaration"), more fully described and attached hereto as Exhibit B, is required to be filed regarding the Replacement Wetland; and WHEREAS, Pemtom has contracted with a third-party to complete the requirements of the Declaration, however, is no longer a fee title holder of the Property and therefore may not file the Declaration; and WHEREAS, the City and Pemtom wish to enter into an agreement by which the City will become the Declarent for purposes of filing the Declaration and Pemtom will agree to complete all of the requirements as listed in the Declaration; NOW, THEREFORE, IN CONSIDERATION of the premises contained herein, it is agreed by the parties as follows: 1. Pemtom shall maintain the Replacement Wetland of the size and type specified in the Replacement Plan and shall not make any use of the Replacement Wetland that would adversely affect the functions or values of the Wetland as determined by Minnesota Rules 8420.0549, subparts 1 through 8. 2. Pemtom shall comply with the applicable requirements of Minnesota Rules 8420.0541, subparts 1, 6, and 7. 3. Pemtom shall pay the costs of maintenance, repairs, reconstruction and replacement of the Replacement Wetland, which the Local Governmental Unit or the State of Minnesota through the Minnesota Board of Water and Soil Resources may deem necessary to comply with the specifications for the Replacement Wetland in the approved Replacement Plan. Page 1 of 7 4. Pemtom shall, at its own cost, establish and maintain permanent vegetative cover on areas specified in the Replacement Plan for native vegetative cover, including any necessary planting and replanting thereof, and other conservation practices, in accordance with the Replacement Plan; 5. Pemtom agrees that the erformance bond provided pursuant to the Developer's Agreement dated between and the City shall also secure the Pemtom obligations under this agreement. The City shall be entitled to draw on the cash escrow and use the funds to remedy any of the Pemtom defaults hereunder or under the Developer's Agreement. Prior to drawing on the security, the City will give the Pemtom written notice that the City intends to draw on the security at the expiration of ten (10) business days from the date the written notice was unless the Pemtom cures the default within that time. 6. Pemtom shall not place any materials, substances, or other objects nor erect or construct any type of structure, temporary or permanent, on the areas specified in the Replacement Plan, except as provided in the Replacement Plan. 7. Pemtom shall, at its own cost, be responsible for weed control by complying with noxious weed control laws and emergency control of pests necessary to protect the public health on the areas specified in the Replacement Plan; 8. Pemtom shall comply with any other requirements or restrictions specified in the Replacement Plan, including, but limited to, haying, mowing, timber management or other vegetative alterations that do not enhance or would degrade the ecological function and values of the Replacement Site. 9. Pemtom and/or its contractors shall have a right to enter the Property in order to complete any monitoring, improvements or repairs to the Replacement Wetland as required by this Agreement. 10. If any action is brought to enforce this Agreement or the Declaration, the City shall be entitled to recover an award of reasonable attorney's fees from Pemtom. 11. Pemtom shall at all times abide by the Minnesota Government Data Practices Act, Minn. Stat. § 1301, et seq., to the extent that the Act is applicable to data and documents in the hands of Pemtom. 12. In the performance of this Agreement, Pemtom shall not discriminate on the grounds of or because of race, color, creed, religion, national origin, sex, marital status, status with regards to public assistance, disability, sexual orientation, or age against any employee of Peomtom, any subcontractor of Pemtom, or any applicant for employment. Pemtom shall include a similar provision in all contracts with subcontractors to this contract. Pemtom further agrees to comply with all aspects of the Minnesota Human Rights Act, Minn. Stat. § 363.01, et seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. Page 2 of 7 13. In the event of a breach of this Agreement by the City, Pemtom shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 14. It is understood and agreed that the entire agreement of the parties is contained in this Agreement and it supercedes all oral agreements and negotiations between the parties. The parties agree that no change, amendment, or modification to this Agreement, or any attachments hereto, shall have any force or effect unless the change is reduced to writing, dated, and executed by both parties to the Agreement. 15. This Agreement shall be governed and construed under the laws of the State of Minnesota. 16. This Agreement and all obligations contained herein shall remain in effect until the requirements under the Wetland Conservation Act of 1991, as amended, as set forth in the Replacement Plan are completed and approved by the City of Eden Prairie. IN WITNESS THEREOF, the parties to this Agreement have caused these presents to be executed as to the day and year aforesaid. SETTLERS WEST LIMITED PARTNERSHIP By Th- ' -mtom ►.nd Company It' eneral Partno Lai/ Date ° g d'"oie By AL 'air, Its Daniel J. Herbs/President CITY OF EDEN PRAIRIE Date ,Mayor Date Scott H.Neal, City Manager Page 3 of 7 EXHIBIT A PROPOSED MITIGATION AREA LEGAL DESCRIPTION A permanent easement for the creation of new wetland areas over,under and across the following described parcel: Page 4 of 7 REVISIONS c, 3.33 0035'14„ cP 'S • � 203.44 0=35051.50 k�S Sj t• E 030'49" OUTLOT A A=137.7g 6" .• ij�i 196.28:• ._.. 34° s>co� _38 300.0f _ • .4 c-`. _..y25.50F0°30"58" •CB.=N3� 5".- �35°35.44,. 9.18 - i�,;: ;.36"7 • 49'OS ' f7 =37°19'S6" 0 3„ 2< <z a ;canxoa°�.„� E C. f83.3g V� 283.81 o •4t\sa n-a°a•2o-� \lc‘ `95. /— Qa5 0 0 \� z ,.. _ .„ cS ,�G�QS\oc� , � ��, .'N 4�'300.00 =37°19"5;• / N WES r 4g26j4 12"10", • �' a. � SETTLERS <<� R _ ,, 0.0 ,....-a . ...\\ ii.",:‘,,„\ ,‘\,:,,,,:::_.,,,,,:::,,,:,,,,, 0D Li CL UJ CO l CQ O /:. n/ O I hereby certify that this plan or specification was ` . \\� t 'r"} Li m prepared by me or under my direct supervision and �; Q m that I am a duly Licensed Land Surveyor under the laws !^ N of the State of Minnesota. • .Xi y Dated this 18th day of August,2004. 00 16 20 EIN ' „se,. sb Sathre-Bergquist,Inc. • `, � ® d �'\� • may, .°'� Gary R.Germdnd \ ? i 51�• 21�5 'Na 0,..'''' E Minnesota Licensed Land Surveyor License No.24764 \\ 'N NI k ';',Z z F- S Q W ril OUT a PFG0+STFii'( 3S6 m O CD l- w z s .62 CONSERVATION EASEMENT �<6, '170 •-,,,SS �\ °o `- `` w ° Z Ili w PART OF OUTLOT B,SETTLERS WEST 1y',9r OF S A S6 O s• '� w Q 3 SQ z Ei m a- An Easement for Conservation Purposes over,under and across OUTLOT 9LT */y R3 'S8 W a h- o. B,SETTLERS WEST,Hennepin County,Minnesota,according to the y0 �/ S w recorded plat thereof.EXCEPT that part lying northerly and easterly of a �''?y'4'4' C' CI a 0 F- w line to be described as follows: rp O,c` O�6. ' Q LL • W O o Commencing at the most northerly comer of said Outlot B;thence southerly RO'O�t`TyF 6SO.�6 Q,,, LLI0_ D- 41.68 feet,along the east line of said Outlot B on a curve having a central j- U angle of 8 degrees 41 minutes 08 seconds,a radius of 274.85 feet,and a �T 'L/A�'�A� ' = d chord of 41.64,feet which bears South 08 degrees 34 minutes 30 seconds LEGEND ti ° O East to the beginning of the line to be described;thence South 85 degrees p 46 minutes 01 second West,16.36 feet;thence North 26 degrees 44 76J G4'TY WI ,► �� . • _ minutes 50 seconds West,33.65 feet,to the northerly line of said Outlot B, O DENOTES IRON MONUMENT • ° - DRAWN where said line terminates. 0 0 • TJH Contains: 119,934 Sq.Ft. 0;4 DENOTES DESCRIBED CONSERVATION EASEMENT 55.90 CHECKED SETTLERS WEST has not been recorded es of thc date of this certification N00°01'54"W "-FND. HENNEPIN CNTY. MON. GRG E1/4 CORNER OF SEC. 25 \ DATE 08-18-04 50 25 0 25 50 100 SCALE mem isMIMI NM ���� �j h-� s AS SHOWN SCALE IN FEET - �� - z JOB NO. 6965-006 i REVISIONS cJ \ f—T'T1 r-EDc 04. • r, TI I i nVL_:% 1•-.7.-0 ---, r--r-r1 r-El-)C7, \ nT .2,L_ I I L_L_I \ o � L)Ih/�� 0nl � \ 1 \ILJ\71 - IvLJ 1001.18 -'\ (.5 N 4°00'15"W 227 30........_ !..0:, ° o �\ .::1);':::. 2"9':.-7.7\--- . • \\::: ""lt ' , , lEirkS--,:------2 / Z SO4°00'25"E 220.04 � �; / Q, _A_ .....__ D z 0 2 tP >\ "°,0-,,, '-.' 0 "O - ''. Et g Dy SJ , \114111111.111\1„ re O .G • `• \ 116. ,\ , p .,`; ` �Iii o \ C, �o - . .,?•4.‘25,43og0,49., ` ' 196.2g'' \ �pq '�-0186.38_R=300.p_1__p=35°3 ': :,. Q`34O \I �'i9� O. Q 25.56CB.=N3°49'05"E C.=183.3g4¢ NQ,, '•. • _ 3g y> °as r"�`> "Cr,rn O. \\ ?A=00°30'58" i� `.,N� 283.81 R_300,0\ ® p ��ts0 165.75 0=34°31• *4: 195.47... _ 4,5 •�S 49.16 56" . 7 R=300.D0 =37°79 56" W E S'r 46?•6r4 72.70'. °es°+ \ O� / p=00°59'34" SETTLERS . 79.90 • ;. �o: o •.. 211.76 6,=37°19'56" .....T1::' "0 .`:.. Z NO \:v p _1 -EDGE OF WETLAND O O • m z \sue I:iL �'� 1� \ w o Z 1 ` F W Q F a cn Z Q J W a W a. rn a- (�.• l z wap Q °° 60 30 0 30 60 120 Q i_ F- I I hereby certify that this plan or specification was prepared by me or w z O-I o SCALE IN FEET P under my direct supervision and that I am a duly licensed land W I surveyor under the laws of the state of Minnesota. D_ O v CONSERVATION EASEMENT W OUTLOT A,SETTLERS WEST Dated this 10th day of August,2004. _ ~LEGEND SATHRE-BERGQUIST,INC. DRAWN DENOTES IRON MONUMENT An Easement for Conservation Purposes over,under and across TJH ° OUTLOT A,SETTLERS WEST,Hennepin County,Minnesota. CHECKED DENOTES CONSERVATION EASEMENTGRG CHECKED Contains: 76,345 Sq.Ft. Emil DENOTES DESCRIBED CONSERVATION EASEMENT DATE GARY R.GERMOND 08-10-04 MINNESOTA LICENSED LAND SURVEYOR LICENSE NO.24764 ASSCALE SHOWN SETTLERS WEST has not been recorded as of the date of this certification. JOB NO. 6965-006 EXHIBIT B Minnesota Wetland Conservation Act Declaration of Restrictions and Covenants for Site Specific Wetland Replacement Replacement Wetland Declarant: City of Eden Prairie General Location of Replacement: Sec. 30, Twp. 116 N,Rge.22 W, County of Hennepin. This Declaration of Restrictions and Covenants for Site Specific Wetland Replacement Wetland(Declaration) is made this day of , by the undersigned Declarant: RECITALS A. The Declarant holds the fee title or perpetual easement on the real property that is the site of Replacement Wetlands, as defined in Minnesota Rules 8420.0110, subp. 40. B. This real property is described and shown on the map and survey in Exhibit A, which is attached hereto. C. The real property was approved as the site of Replacement Wetlands, as part of a Wetland Replacement Plan, under Minnesota Statutes section 103G.222. D. The Replacement Wetlands are subject to the Wetland Conservation Act of 1991, as amended, Minnesota Statutes section 103G.222 et seq., and all other provisions of law that apply to wetlands,except that the exemptions in Minnesota Statutes section 103G.2241 do not apply to the Replacement Wetland,pursuant to Minnesota Rules 8420.0115. E. The Local Government Unit (LGU) charged with approval of the Replacement Plan is the City of Eden Prairie, Minnesota, whose address is 8080 Mitchell Road, Eden Prairie, MN 55344. F. All references in this instrument to Minnesota Statutes and Rules are to the Statutes and Rules currently in effect and as amended or renumbered in the future. BWSR Decl ResCovSettlWst.doc Page 1 of 4 (April 2003) RESTRICTIONS AND COVENANTS The Declarant makes the following declaration of restrictions and covenants for the Replacement Wetlands. These restrictions and covenants shall run with the land, and bind Declarant, and Declarant's heirs, successors, and assigns: 1. The Declarant shall maintain a Replacement Wetland of the size and type specified in the replacement plan approved by the LGU and on file at the offices of the LGU. Declarant shall not make any use of the Replacement Wetland that would adversely affect the functions or values of the wetland as determined by Minnesota Rules 8420.0540, subp. 10, and as specified in the replacement plan. 2. Declarant shall pay the costs of maintenance, repairs, reconstruction, and replacement of the Replacement Wetland, which the LGU or the State of Minnesota through the Minnesota Board of Water and Soil Resources may deem necessary to comply with the specifications for the Replacement Wetland in the approved replacement plan. 3. Declarant grants to the LGU, the State of Minnesota, and the agents and employees of the LGU and the State of Minnesota, reasonable access to the Replacement Wetland for inspection, monitoring, and enforcement purposes. This Declaration grants no access to or entry on the lands described to the general public. 4. Declarant represents that he or she has a fee simple or easement interest in the land on which the Replacement Wetland is or will be located. Declarant represents that he or she has obtained the consent of all other parties who may have an interest in the land on which the Replacement Wetland is or will be located to the creation of the restrictions and covenants herein, and that, all such parties have agreed in writing to subordinate their interests to these restrictions and covenants,pursuant to the attached Consent and Subordination Agreement(s). 5. Declarant shall record or file this Declaration,pay all costs associated with recording or filing, and provide proof of recording or filing to the LGU. If this Declaration is given pursuant to a replacement plan, such proof shall be provided to the LGU before proceeding with construction of the Replacement Wetland. 6. Acknowledge that this Easement shall be unlimited in duration, without being re- recorded. This Easement shall be deemed to be a perpetual conservation easement pursuant to Minn. Stat. ch. 84C. 7. If the replacement plan approved by the LGU and on file at its offices requires the establishment of areas of native vegetative cover, the term"Replacement Wetland"as used in this Declaration shall also include the required areas of permanent vegetative cover, even if such areas are not wetlands. All provisions of this Declaration that apply to the Replacement Wetland shall apply equally to the required areas of native vegetative cover. In addition, the Declarant: (a) Shall comply with the applicable requirements of Minnesota Rules 8420.0540, subpart 2.D; B WSR_Decl_ResCovSettl Wst.doc Page 2 of 4 (April 2003) (b) Shall, at Declarant's cost, establish and maintain permanent vegetative cover on areas specified in the replacement plan for native vegetative cover, including any necessary planting and replanting thereof, and other conservation practices, in accordance with the replacement plan; (c) Shall not produce agricultural crops on the areas specified in the replacement plan; (d) Shall not graze livestock on the areas specified in the replacement plan or; (e) Shall not place any materials, substances,or other objects,nor erect or construct any type of structure,temporary or permanent,on the areas specified in the replacement plan, except as provided in the replacement plan; (f) Shall, at Declarant's cost, be responsible for weed control by complying with noxious weed control laws and emergency control of pests necessary to protect the public health on the areas specified in the replacement plan; and (g) Shall comply with any other requirements or restrictions specified in the replacement plan, including, but not limited to, haying, mowing,timber management or other vegetative alterations that do not enhance or would degrade the ecological functions and values of the replacement site. 8. This Declaration may be modified only by the joint written approval of the LGU and the State of Minnesota through the Minnesota Board of Water and Soil Resources. If the Replacement Wetland has been used to mitigate wetland losses under the Federal Water Pollution Control Act,the U.S. Army Corps of Engineers (or successor agency) must also agree to the modification in writing. Such modification may include the release of land contained in the legal description above, if it is determined that non-wetland areas have been encumbered by this Declaration, unless the approved replacement plan designates these non-wetland areas for establishment of permanent vegetative cover. 9. This Declaration may be enforced,at law or in equity,by the LGU,or by the State of Minnesota. The LGU and the State of Minnesota shall be entitled to recover an award of reasonable attorneys fees from Declarant in any action to enforce this Declaration. The right to enforce the terms of this Declaration is not waived or forfeited by any forbearance or failure to act on the part of the State or LGU. If the subject replacement area is to be used partially or wholly to fulfill permit requirements under the Federal Water Pollution Control Act or a federal farm program, then the provisions of this Declaration that run to the State or the LGU may also be enforced by the United States of America in a court of competent jurisdiction. 10. This Declaration must be recorded and proof of recording submitted to the LGU or other regulatory authority in order to be valid. BWSR Decl_ResCovSettlWst.doc Page 3 of 4 (April 2003) Signature of Declarant Signature of Declarant STATE OF MINNESOTA) ) ss. COUNTY OF Hennepin) This instrument 'as acknowledged before me on (date)by (name(s) of person(s). (Signature fi f Notarial Officer) (Title) My co mission expires: Attachments. Exhibit A (Legal Description and Map/Survey of Replacement Wetland) This instru r ent drafted by: BWSR_Decl_ResCovSettlWst.doc Page 4 of 4 (April 2003) EXHIBIT A Minnesota Wetland Conservation Act Declaration of Restrictions and Covenants for Site Specific Wetland Replacement REVISIONS - \ r rI r L-.> O r--r I r-C) L I 1 L_L_ It\ I I L_L_I \.� \� "AI-, ) r • I I V L_1 ri L_f.'�" In LIr1/.r em\ �o1\ ) 1 \IL.)\7L- z-I \I 1001.18 I \ \ .::::')-,E"-..... .\--- \ \\:\ N , . :t_... 11:::.‘t.-;.,;::::.`:,,,,.."-::\ 29.77 ° U z // �s "' S4°00'25'E 220.04 _ N O. F LL o y 0' w W of • Ya:`< aim i �v 51:1L'I''VD `11‘.*: V, y \ - o•q 186°38 R=300.01 p=3 1 4�3 ° _96.28`. � S N �yt"y-, 0 �7 25.56C8N3°49b •C=783.3g44 N = 4 36 p0.5 sb�6e I �rn \\ \\ .'/A=00°30'58" `,L, 283.81 R_30 "P��� 1J S �O.Op s o• 165.75 /�=34°31' N;` 1g5.47 'WEST � N .1 �...,49.16 56. --R_30 0.00 p=37°79'S6" .,N� • 428j4°7?\p" Wry ®vim N O�; p=00°59'34" ni SETTLERS • 79.90 R . N': ryoo \ �. / 211.7g p=37°l9'56", Z • • N 6' r 0w2 -O�_, / -EDGE OF WETLAND 'a'""- •.'6X t_ 0 w O N \ CO 0 CO CC / 12.5 L_v�f\ 'A • o 1 W Z 1-='z ct\ Z < -I W a x 2 w 2 rn z ¢ W a 0 Q w 60 30 0 30 60 120 � C./-'�� ° U) I- 1 I hereby certify that this plan or specification was prepared by me or w 2 2 'CS- SCALE IN FEET under my direct supervision and that I am a duly licensed land W = surveyor under the laws of the state of Minnesota. '- 0 ° CONSERVATION EASEMENT W OUTLOT A,SETTLERS WEST Dated this 10th day of August,2004. I LEGEND F SATHRE-BERGQUIST,INC. DRAWN O DENOTES IRON MONUMENT An Easement for Conservation Purposes over,under and across TJH OUTLOT A,SETTLERS WEST,Hennepin County,Minnesota. CHECKED DENOTES CONSERVATION EASEMENT 4.1. eats GRG DENOTES DESCRIBED CONSERVATION EASEMENT Contains: 76,345 Sq.Ft. DATE GARY R.GERMOND 08-10-04 SETTLERS WEST has not been recorded as of the date of this certification. MINNESOTA LICENSED LAND SURVEYOR LICENSE NO.24764 SCALE AS SHOWN JOB NO. 6965-006 REVISIONS ... 00.35.A Os 203.44 6,..-35°57.50 0 ' • ,.9 ..1 . " , • .13°4246" eir, kP 0, ..13 fl.• 25.4,,,3,,,30'49. .' ouTL0T A , A196.28, 283.81 ' 77.78 '— .`" . • 186.38 R=300.01 A . 0'......""co ,..y., 30'58" CB. 4905•----- 0 4 ., 179.18 4=3 7°19'56" li l'ra, 0 --1 . 25-5,60o E C --- 4 ',k9•-163.30 , ,,, _ 4 41 7::6676::c4;:.1'14 k ''''N-N, 401'* -1-95.'—/-?......2._____.Z,- :. ..------ 3, W SETTLERS 4,3.-.., oo.o ',„1 -D6_.,.. N.,. .• N.--•,•,IN..„.,.. \‘..N.,:. .N.,..,,,,, , .\,,.. \'' .\ \*.\—‘ _:,,..,,,,,,,„, .::.,,i,.,:::"7..:::,,‘,:.,,c,,,,,,,,,,, §,, Cf)mg n ';! N • 0 2 0'5: CC 0 1,\\ CD _1.00, • ‘c\..\ 1/4,.. _ ,1\.\. ,cki ,,,,,,.(,........,.;:,,, ,:,,Ii:,:,,: . ,,,:.,,,,,,,,,,,i,...\, _ di .4 r Y g2 I hereby certify that this plan or specification was i'\,..Z.:; prepared by me or under my direct supervision and CP- <b' that I am a duly Licensed Land Surveyor under the laws (""'s of the State of Minnesota. . , • Aig= Dated thls 18th day of August,2004. tisoo A 6 2_ Sathre-Berfiquist,inc. '1 1113 4, Ti., st4 4"\ >. I— Minnesota Licensed Land Surveyor License No.24764 \ N '11.11.11,141/4 ,,,I, Z (0 \ < >al 66e/i' -o• • ''' Cn G ft 0.'".: ..i, 6, ,..., ,,, '1)0, • ,0 r., 9 '-.:, 4( x 0 ......—, w CONSERVATION EASEMENT ,/Z 07.. ' I 'Y.,, * So •-•6, 0 40' PART OF OUTLOT B,SETTLERS WEST 1)- OF Tj, 66, , tu a. I— a- "&.„ */, sts. „X 6,, S 2 &" 2 9, 6 An Easement for Conservation Purposes over,under and across OUTLOT r B,SETTLERS WEST,Hennepin County,Minnesota,according to the , ,, ,.., DJ o.. recorded plat thereof.EXCEPT that part lying northerly and easterly of a '.1")- C '--. <1... cp I— D ,raj fine to be described as follows: 6, op ,k5.\io < w 2 0 5 '90,0 )kr• 6.,i,,.,+,,.,.• • .,-, W Commencing at the most northerly corner of said Outlot B;thence southerly €.4,,,, /y„ `-' '>. 'i,\ CL 0 -6- ., 1- 41.68 feet,along the east line of said Outlet B on a curve having a central ')- ‘iliA, LP •:,4‘., W f: angle of 8 degrees 41 minutes 08 seconds,a radius of 274.85 feet,arid. 4/' "e):3 chord of 41.64,feet which bears South 08 degrees 34 minutes 30 seconds LEGEND •- I— ci- East to the beginning of the line to be described;thence South 85 degrees +q co& ' \•• 46 minutes 01 second West,16.36 feet;thence North 26 degrees 44 /6, 11/,), ,on. minutes 50 seconds West,33.65 feet,to the northerly Ilne of said Outlot B, 0 DENOTES IRON MONUMENT .1 .I- \ •4'' where said line terminates. Contains: 119,934 Sq.FL pm DENOTES DESCRIBED CONSERVATION EASEMENT 0 0 • TJH 55.90 CHECKED )k. GRG SETTLERS WEST has not been recorded us of the date of this certification N 00°01'54"W ---.FND. HENNEPIN CN TY. MAN. E1/4 CORNER OF SEC. \ DATE 08-18-04 50 25 0 25 50 100 SCALE , AS SHOWN Z i4'D _!;.. ) SCALE IN FEET /41 JOB NO. 6965-006 Hennepin County Property Map Print Page 1 of 1 11 Hennepin County Property Map - Tax Year: 2007 it The data contained on this page is derived from a compilation of records and maps and may contain discrepancies that can only be disclosed by an accurate survey performed by a licensed ; r� ,land surveyor.The perimeter and area(square footage and acres)are approximates and may contain discrepancies.The information on this page should he used fur reference purposes only.; s (Hennepin County does not guarantee the accuracy of material herein contained and is not responsible for any misuse or misrepresentation of this information or its derivatives. . •„','";`: me'ik ` S, £ ' :a: • !" 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'�,'�` 'In)• ^�. <"b�°:.�, r",° '�k<`.ius','r;`�E.;��. ,,sg�,�z, w�,� 4�.��r�sts<s� E Selected Parcel Data Date Printed:10/4/2007 2:40:30 PM Hume* Parcel ID:30-116-22-23-0056 Current Parcel Date:09/4/2007 } ' II Owner Name:CITY OF EDEN PRAIRIE > Parcel Address:61 ADDRESS UNASSIGNED,EDEN PRAIRIE,MN 00000 Property Type:VACANT LAND-RES Sale Price:$0.00 111 Homestead:NON-HOMESTEAD Sale Date:/ 1. Area(sqft): 120717 Sale Code: 111 E' . Area(acres):2.77 : j< A-T-B:TORRENS 111 Market Total:$0.00 111 yi } : Tax Total:$0.00 http://gis.co.hennepin.mn.us/HCProp ertyMap/Locator.aspx?PID=-3 01162223 0056 10/4/2007 Hennepin County Property Map Print Page 1 of 1 11 ti Hennepin County Property Map - Tax Year: 2007 the data contained on this page is derived from a compilation of records and maps and may contain discrepancies that can only be disclosed by an accurate survey performed by a licensed ; €I t land surveyor.The perimeter and area(square footage and acres)are approximates and may contain discrepancies.The information on this page should be used for reference purposes only.t 3 3 Hennepin County does not guarantee the accuracy of material herein contained and is not responsible for any misuse or misrepresentation of this information or its derivatives. . g ,,.Min a<, g ;?'�-;Nrg'.—''',,.rcw.. rs,'•• :.zs,.,. °i,,;;.�,;.. _ • ' -A,S •;q' M`x.- E'y? m4$,. ,, r,.•ii':>r4,: :gym;',, .;;k, ;, off ££ ems„ ,,T,, ,,, '' ^';w; £: -' iv;i "'''1,'.a '`,? ^'jig 'jfi;<^ .t .'.i. ,r,a(' '•' ,'" ,v,= i,ar, r��; ..,� �-o.yh, - „~ ad.t• ~ £ •ice. • ',Y ` l'44, '' , ? • '', ,,r , :fie , .. '=i';; ,y. $ , d1 a,;<` °t,4='..� ii. I .. si• ,, J i r ;jt.t• -- • 1 . • 'sr;P „',:,`'''�,`�»r a.r• ' psr "H �}` f�s, :. :: ,7 • ,'; maw } '1;4a fia .. , r. . - . n6 iL+zr � ; ` • - . s , ' Cv $ _S's £ nY. ?.,,T �x•'- -'. a: ` ' ;gym ' y $ . a 's, S�ya .4,', <ir.,, yy“ ''• ',ia i .a 6. a, � ', •'.,,,'��`', :'t,<.; vim`. $ ,Itt tv, `,,) .` 52 C?9J'c • - '' ,'r',ei%%` xL� `, <£s3I: i•ir% `. 1, ., '+ :',;1",,. ; , - y., ,,, a:':;' 2" '` '.sF •'yap ,x.,' �k;,. ••i' '`n • $^ • , r •o lS PPO btd[�•• 3" t1a,i, „14frrrr '»',r, o '' 'f/' , i„1, £.�........................�.�-...-,..»,,,,..•V� ,'•--'�'a i�T , a 1�� t�.a§ m�.'....h"t��S`�Sw. Tu.� " .�' � �1&^5.zu.. ......................�,,,,,,,.......,..:,,,,,,............,,....., ....,,...,..................,.....,,.,......,..,...,.,,.. ..... .. ..,,_,,,_. .,....,,.,,,,,,,,..,,,,..»»,,,.».,.,,..,„ f r = Date Printed: 10/4/2007 2:37:58 PM ,i Selected Parcel Data ` HenaLtan Parcel ID:30-116-22-23-0055 Current Parcel Date:09/4/2007 1 , Owner Name:CITY OF EDEN PRAIRIE 1 ' Parcel Address:61 ADDRESS UNASSIGNED,EDEN PRAIRIE,MN 00000 : lii Property Type:VACANT LAND-RES Sale Price:$0.00 ' i • Homestead:NON-HOMESTEAD Sale Date:/ , ?r " Area(sgft):76328 Sale Code: Area(acres): 1.75 s ° „ A-T-B:TORRENS Market Total:$0.00 : Tax Total:$0.00 http://gis.co.hennepin.nn.us/HCPropertyMap/Locator.aspx?PID 3011622230055 10/4/2007 (Above Space is Reserved for Recording Information) Minnesota Wetland Conservation Act Declaration of Restrictions and Covenants for Site Specific Wetland Replacement Replacement Wetland Declarant: City of Eden Prairie General Location of Replacement: Sec. 30, Twp. 116N,Rge.22W, County of Hennepin This Declaration of Restrictions and Covenants for Site Specific Wetland Replacement Wetland(Declaration) is made this 16th day of September, 2008 by the undersigned Declarant: RECITALS A. The Declarant holds the fee title or perpetual easement on the real property described in Exhibit A, attached hereto. B. This real property is the site of a Replacement Wetland,as defined in Minnesota Rules 8420.0110, subp. 40. Exhibit B, attached hereto, is a map or survey of the subject Replacement Wetland. C. The Declarant is seeking approval of(1)a replacement plan under Minnesota Statutes section 103G.222. D. The Replacement Wetland is subject to the Wetland Conservation Act of 1991, as amended,Minnesota Statutes section 103G.222 et seq.,and all other provisions of law that apply to wetlands, except that the exemptions in Minnesota Statutes section 103G.2241 do not apply to the Replacement Wetland, pursuant to Minnesota Rules 8420.0115. E. The Local Government Unit(LGU)charged with approval of the Replacement Plan is the City of Eden Prairie , whose address is 8080 Mitchell Road, Eden Prairie, MN 55344 F. All references in this instrument to Minnesota Statutes and Rules are to the Statutes and Rules currently in effect and as amended or renumbered in the future. Page 1 of 4 DOR 9-16-08.doc (April2003) RESTRICTIONS AND COVENANTS The Declarant makes the following declaration of restrictions and covenants for the Replacement Wetland. These restrictions and covenants shall run with the land,and bind Declarant, and Declarant's heirs, successors, and assigns: 1. The Declarant shall maintain a Replacement Wetland of the size and type specified in the replacement plan approved by the LGU and on file at the offices of the LGU. Declarant shall not make any use of the Replacement Wetland that would adversely affect the functions or values of the wetland as determined by Minnesota Rules 8420.0540,subp. 10,and as specified in the replacement plan. 2. Declarant shall pay the costs of maintenance,repairs,reconstruction,and replacement of the Replacement Wetland,which the LGU or the State of Minnesota through the Minnesota Board of Water and Soil Resources may deem necessary to comply with the specifications for the Replacement Wetland in the approved replacement plan. 3. Declarant grants to the LGU,the State of Minnesota,and the agents and employees of the LGU and the State of Minnesota,reasonable access to the Replacement Wetland for inspection, monitoring, and enforcement purposes. This Declaration grants no access to or entry on the lands described to the general public. 4. Declarant represents that he or she has a fee simple or easement interest in the land on which the Replacement Wetland is or will be located. Declarant represents that he or she has obtained the consent of all other parties who may have an interest in the land on which the Replacement Wetland is or will be located to the creation of the restrictions and covenants herein, and that,all such parties have agreed in writing to subordinate their interests to these restrictions and covenants, pursuant to the attached Consent and Subordination Agreement(s). 5. Declarant shall record or file this Declaration,pay all costs associated with recording or filing,and provide proof of recording or filing to the LGU. If this Declaration is given pursuant to a replacement plan, such proof shall be provided to the LGU before proceeding with construction of the Replacement Wetland. 6. Acknowledge that this Easement shall be unlimited in duration, without being re- recorded. This Easement shall be deemed to be a perpetual conservation easement pursuant to Minn. Stat. ch. 84C. 7. If the replacement plan approved by the LGU and on file at its offices requires the establishment of areas of native vegetative cover,the term"Replacement Wetland" as used in this Declaration shall also include the required areas of permanent vegetative cover, even if such areas are not wetlands. All provisions of this Declaration that apply to the Replacement Wetland shall apply equally to the required areas of native vegetative cover. In addition, the Declarant: (a) Shall comply with the applicable requirements of Minnesota Rules 8420.0540,subpart 2.D; Page 2 of 4 DOR 9-16-08.doc (April2003) (b) Shall, at Declarant's cost, establish and maintain permanent vegetative cover on areas specified in the replacement plan for native vegetative cover,including any necessary planting and replanting thereof, and other conservation practices, in accordance with the replacement plan; (c) Shall not produce agricultural crops on the areas specified in the replacement plan; (d) Shall not graze livestock on the areas specified in the replacement plan or; (e) Shall not place any materials, substances, or other objects, nor erect or construct any type of structure, temporary or permanent, on the areas specified in the replacement plan, except as provided in the replacement plan; (f) Shall, at Declarant's cost,be responsible for weed control by complying with noxious weed control laws and emergency control of pests necessary to protect the public health on the areas specified in the replacement plan; and (g) Shall comply with any other requirements or restrictions specified in the replacement plan, including, but not limited to, haying, mowing, timber management or other vegetative alterations that do not enhance or would degrade the ecological functions and values of the replacement site. 8. This Declaration maybe modified only by the joint written approval of the LGU and the State of Minnesota through the Minnesota Board of Water and Soil Resources. If the Replacement Wetland has been used to mitigate wetland losses under the Federal Water Pollution Control Act,the U.S.Army Corps of Engineers(or successor agency)must also agree to the modification in writing. Such modification may include the release of land contained in the legal description above, if it is determined that non-wetland areas have been encumbered by this Declaration,unless the approved replacement plan designates these non-wetland areas for establishment of permanent vegetative cover. 9. This Declaration may be enforced, at law or in equity,by the LGU, or by the State of Minnesota. The LGU and the State of Minnesota shall be entitled to recover an award of reasonable attorneys fees from Declarant in any action to enforce this Declaration. The right to enforce the terms of this Declaration is not waived or forfeited by any forbearance or failure to act on the part of the State or LGU. If the subject replacement area is to be used partially or wholly to fulfill permit requirements under the Federal Water Pollution Control Act or a federal farm program, then the provisions of this Declaration that run to the State or the LGU may also be enforced by the United States of America in a court of competent jurisdiction. 10. This Declaration must be recorded and proof of recording submitted to the LGU or other regulatory authority in order to be valid. Page 3 of 4 DOR 9-16-08.doc (April2003) Signature of Declarant Signature of Declarant STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) This instrument was acknowledged before me on (date)by (name(s) of person(s). (Signature of Notarial Officer) (Title) My commission expires: Attachments: Exhibit A(legal description, including map or survey of Replacement Wetland) This instrument drafted by: The City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Page 4 of 4 DOR 9-16-08.doc (April2003) CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 16, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.F. Jay Lotthammer, Director Community Center Catering Services Parks and Recreation Agreement—Davanni's Motion Move to: Authorize entering into a catering agreement at the Community Center with Davanni's. Synopsis Preferred catering services have been selected as a way to provide a variety of quality food choices at a range of price points to room rental patrons at the Eden Prairie Community Center. A Request for Proposal process was undertaken to determine food quality,presentation and service ability of caterers. The RFP was advertised in the February 28, 2008 edition of the Eden Prairie Newspaper and sent to over forty known vendors of catering services. Six proposals were received and were reviewed by a committee of Park and Recreation Department staff. To fill the requested niche of pizza, staff is recommending entering into a 90 day agreement with Davanni's to evaluate their performance and customer satisfaction. Background Staff recommended selecting several approved caterers to serve customers who rent rooms at the Community Center. Multiple approved caterers allows residents the options of a variety of food and price options while maintaining safety and insuring a high quality product. In addition to submitting responses to the RFP, caterers were asked to present a food tasting for a committee of Eden Prairie representatives to showcase taste and variety of food options. The Committee consisted of city staff, a city council member and members of the Community Center and Parks, Recreation and Natural Resources Commission. Each caterer was evaluated on promptness of set up, food presentation, temperature, taste and quality of food served. Caterers also responded to questions regarding menu options, history of their company, ability to provide prompt customer service and to meet specialty needs of patrons. The following caterers have signed agreements and are currently being promoted; Crumb Deli, Biaggi's, Catering Minnesota and Ruby's B-B-Q. A niche that is not represented by these caterers, but is desired by customers is pizza delivery. During the initial taste test and a follow-up catering event, staff was not entirely comfortable with Davanni's. After several meetings and discussions with Davanni's staff, city staff is recommending entering into a 90 day agreement with Davanni's to evaluate their performance. Attachment Catering Services Agreement CATERING SERVICES AGREEMENT THIS AGREEMENT, made and executed this 11 day of August, 2008,by and between the City of Eden Prairie (the"CITY"), and DAVANNI"S (the"CA I ERER"). WITNESSETH: CITY AND CATERER, for the consideration hereinafter stated, agree as follows: I. CATERER hereby covenants and agrees to perform and execute all the provisions of the Request for Proposal (RFP) referred to in Paragraph II. CATERER further Agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the Contract Documents. II. The Contract Documents consist of the following component parts: 1) The City of Eden Prairie, Eden Prairie Community Center, Food and Beverage Request for Proposal,February, 2008 (the"RFP"), attached hereto as Exhibit A; 2) Eden Prairie Community Center Food and Beverage Request for Proposal Clarification #1,March 14,2008, attached hereto as Exhibit B; and 3) CATERER's Proposal, attached hereto as Exhibit C. The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. In the event of conflict between any of the Contract Documents,the component part listed higher in priority shall prevail. III. The following provision shall replace Section III,M., Contract Term,in the RFP. M. Contract Term This Agreement shall commence on the date written above and shall remain in force for 90 days unless terminated earlier in accordance with its terms. At the end of 90 days we will create a new long term contract unless either party gives written notice of reasons to not renew. If the Agreement is not renewed, Caterer will remain responsible for providing services to the rentals booked at EPCC for which Caterer was committed at the time of the expiration of the 90 day term. IV. This Agreement shall be executed in two(2) copies. IN WITNESS WHEREOF,the parties to this Agreement have hereunto set their hands and seals as of the date first above written. CITY OF EDEN PRAIRIE Dated: By: Its: Mayor Dated: By: Its: City Manager CATERER Dated: 8' 1I o6 By: &ifia Its: ` 47- 14 y !°' T,gp ig P:1Home11605.1411Doccunents120 08 06 27 Catering Services Agreement.doc CITY COUNCIL AGENDA DATE: September 16, 2008 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.G. George Esbensen Fire Department Award Bid for New Crash Rescue Truck Requested Action Move to: Approve the purchase of one a new Crash Rescue Truck(fire truck) from E-One Manufacturing in the amount of$498,500. Synopsis This item was budgeted for under the CIP program for 2008-09 budget periods. This new vehicle will replace two current trucks, Crash#11 and Engine#32/Vehicle #386. Crash 11 was originally purchased in 2006 from the MAC Fire Department for$1.00. The purchase price of the new truck, $498,500, includes a trade-in allowance of$35,000 for Crash 11. The new vehicle will be delivered in 2009 in accordance with the CIP budgeted amount. Background Information In 2007 and early 2008, Fire Department personnel and Fleet Services staff worked collaboratively to develop a vehicle specification in anticipation of the purchase of a new Crash Rescue Pumper in 2009. Sealed bids were advertised with an opening date of August 21, 2008 at 2:00PM for the purchase of one (1) new Crash Rescue Pumper. Bids were received from three (3) qualified suppliers. E-One's bid met all of the required specifications including delivery within 210 day, "pump and roll" flow capacities required to properly respond to incidents involving aircraft emergencies at FCM as well as flow capacities for structural firefighting responsibilities. This purchase represents the last scheduled vehicle to be replaced in the Fire Departments inventory of Engines and Towers until 2022. Engine 32/Vehicle#386 is a 1989 LS9000 Ford with conventional cab and is a Type 1 Engine. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 16, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.H. George Esbensen, Selling Engine 32 in exchange for Fire Department tuition credits Requested Action Move to: Approve the sale of Engine 32 in the amount of$19,900 to Hennepin Technical College (HTC) in exchange for$19,900 in HTC tuition credits. Synopsis By selling the truck to HTC in exchange for tuition credits both parties meet their needs to complete the sale. Background Information Engine 32 is for sale as the result of a routine process of vehicle replacement. HTC wishes to purchase the truck for use in their fire training classes at the Eden Prairie Campus. Attachments Sale agreement STATE OF MINNESOTA MINNESOTA STATE COLLEGES AND UNIVERSITIES HENNEPIN TECHNICAL COLLEGE CUSTOMIZED TRAINING CONTRACT Contract#09091 THIS CONTRACT is between Hennepin Technical College(hereinafter"COLLEGE")located at 13100 College View Drive, Eden Prairie,Minnesota 55347 acting by virtue of its delegated authority from the Board of Trustees of the Minnesota State Colleges and Universities, and City of Eden Prairie,Attn: George Esbensen (hereinafter"CLIENT")located at 14800 Scenic Heights Rd,Eden Prairie,MN 55344; I. COLLEGE'S DUTIES. The COLLEGE agrees to provide the following: Title of Instruction: EMS Training Classes and Fire Training Classes/Services as Requested a. Contract includes all Fire Protection credit and non-credit courses,promotional test development and delivery, ICS test develpoment and delivery, and all mobile props training simulation props offered by COLLEGE. Date(s)of Instruction: to be mutually agreed upon between September 1, 2008 and no later than June 30,2010 Name of Instructor: Staff Location: to be mutually agreed upon II. CLIENT'S DUTIES. The CLIENT agrees to provide the following: a. roster of participants for each class b. required text books c. make all contacts for training and services through the college and will not employ the presenter/instructor directly for additional sessions. III. SITE OF INSTRUCTION. CLIENT shall make all of the arrangements, including any payment, for the location to be used for the training. IV. CONSIDERATION AND TERMS OF PAYMENT. A. Cost: No charge up to a total value of nineteen thousand nine hundred dollars ($19,900.00). Does not include the cost of any required text books or the one time twenty dollar($20.00) COLLEGE application fee for each new student. CLIENT will donate a L9000 General Fire Engine-1250 GPM Waterous with the FoamPro 2000 to all discharges, lots of cabinet space and 7000KW gas powered mounted generator valued at$45,000.00 to COLLEGE'S Fire Protection Program.A standard COLLEGE donation form will be used to document the donation. 1 In the event that the CLIENT desire to cancel or reschedule the instruction due to low enrollment, CLIENT shall give at least five(5) days notice in writing to the COLLEGE'S authorized agent to cancel or reschedule. If the instruction is cancelled with less than five(5)days notice the COLLEGE shall be entitled to deduct the cost of the class from the $19,900.00 set forth in paragraph IV. A. If the instruction is rescheduled as provided herein,payment shall be according to this paragraph IV V. AUTHORIZED REPRESENTATIVES. All communications regarding the terms of this contract shall be submitted to the following persons: A. TRAINING AND BUSINESS DEVELOPMENT DIRECTOR: Name: Jon Olson Phone: 952-995-1312 Fax: 952-995-1331 E-Mail: Jon.Olson@hennepintech.edu PROJECT MANAGER/TRAINING DEVELOPMENT DIRECTOR: Name: Dave Klocek Phone: 952-995-1315 Fax: 952-995-1331 E-Mail: Dave.Klocek@hennepintech.edu B. CLIENT CONTACT PERSON/BILLING ADDRESS: Name: George Esbensen Title: Fire Chief Address: 14800 Scenic Heights Rd,Eden Prairie,MN 55344 Phone: 952-949-8336 Fax: E-Mail: gesbensen@edenprairie.org VI. TERM OF CONTRACT. A. Effective Date: September 1,2008 B. End Date: June 30, 2010, or until all obligations set forth in this contract have been satisfactorily fulfilled,whichever occurs first. VII. CANCELLATION. This contract cannot be cancelled upon receipt of donation. VIII. ASSIGNMENT.Neither the CLIENT nor the COLLEGE shall assign or transfer any rights or obligations under this contract without the prior written approval of the other party. IX. LIABILITY. COLLEGE and the CLIENT agree that each will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party and the results thereof. The liability of the COLLEGE shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes Section 3.732 and 3.736 et seq., and other applicable law. The liability of the CLIENT is governed by Minn. Stat. Chapter 466. X. AMENDMENTS. Any amendment or supplement to this contract shall be in writing and shall be executed by the same parties who executed the original contract or their successors in office. XI. GOVERNMENT DATA PRACTICES ACT. Both the COLLEGE and the CLIENT must comply with the Minnesota Government Data Practices Act,Minnesota Statutes Chapter 13, as it applies to all data provided by either party in accordance with this contract, and as it applies to all data, created,collected,received, stored,used,maintained, or disseminated by either party in accordance with this contract. The civil remedies of Minnesota Statutes Section 13.08 apply to the release of the data referred to in this Article by either the CLIENT or the COLLEGE. 2 XIII. RIGHTS IN ORIGINAL MATERIALS. The COLLEGE shall own all rights, including all intellectual property rights, in all original materials,including any curriculum materials, inventions,reports, studies, designs,drawings, specifications,notes,documents, software and documentation, computer based training modules, electronically or magnetically recorded materials, and other work in whatever form, developed by the COLLEGE and its employees individually or jointly with others or any subcontractor in the performance of its obligations under this contract. This provision shall not apply to the following materials:N/A XIV. JURSIDICTION AND VENUE. This contract, and amendments and supplements thereto, shall be governed by the laws of the State of Minnesota. Venue for all legal proceedings arising out of this contract, or breach thereof, shall be in the state or federal court with competent jurisdiction in Ramsey County,Minnesota. XV. OTHER PROVISIONS. (Attach additional page(s) if necessary): A. The books,records, documents, and accounting procedures and practices of the parties relevant to this Contract are subject to examination by the CLIENT and either Legislative Auditor or the State Auditor for a period of six(6)years after the effective date of this Contract pursuant to Minn. Stat. Section 16C.05, subd. 5. B. COLLEGE agrees to accept the Fire Engine in an"AS-IS"condition with no warranties,both express and implied, or guarantees by the CLIENT regarding the condition or further use of the Fire Engine. On delivery,the COLLEGE will assume all responsibility for maintaining,repairing and operating the Fire Engine. The AS-IS condition includes the wear and tear of the CLIENT'S previous use of the Fire Engine. IN WITNESS WHEREOF,the parties have caused this contract to be duly executed intending to be bound thereby. APPROVED: 1. HENNEPIN TECHNICAL COLLEGE By: (Signature of person authorized to sign on behalf of COLLEGE) Title: Business Manager Date: 2. CITY OF EDEN PRAIRIE CLIENT certifies that the appropriate person(s) have executed this contract on behalf of the CLIENT as required by applicable articles,by-laws,resolutions or ordinances. By: By: Title: Mayor Title: City Manager Date: Date: 3 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda September 16, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.I. Rick Wahlen Award Contract to Sign Crafters for the Public Works/UtilitiesReplacement of the Market Center Clock Tower Lighting Components Requested Action Move to: Award contract for the replacement of the Market Center Clock lighting components and face material to Sign Crafters of Minneapolis,MN, in the amount of$94,000. Synopsis The City of Eden Prairie Utilities Division received proposals from three competent sign contractors for the removal of damaged clock face components and the installation of new LED lighting at Market Center Reservoir. Since August 1,2008,Minnesota bid laws permit the selection of contractors by competitive proposal comparisons without going out for bid for projects valued at less than$100,000. This project can be completed for less than$100,000 and will be paid from the Utility Construction Fund. Background Information The clocks at Market Center Reservoir became inoperative earlier this year. The complex time control mechanism available only from a European company began to fail, and the replacement components for the system took several months to procure. In the interim, one of the clock faces caught fire from an electrical fault,resulting in destruction of the lighting components and a portion of the clock face. In the past, similar failure of another of the clock faces pre-dated this event, so staff recommends the replacement of the neon lighting on all remaining clock faces with modern, low-temperature, and low- energy LED lighting systems,to avoid repeated costly mobilization and high-elevation safety expenses associated with each repair. The clock tower will be a prominent reminder to the public of the city's 20- 40-15 energy savings initiative, as the LED lighting will reduce electrical power consumption of the clock by more than 70%. Proposals were requested and received from the following contractors: Signcrafters $ 94,000 Albrecht Signs $ 99,200 Hoeft Signs $102,600 Staff recommends awarding the contract to the least-cost proposal from Signcrafters, in the amount of $94,000. Attachment • Proposals (3) a�� 12437 MAGNOLIA CIRCLE • COON RAPIDS, MN. 55448 ■ PH 763-754-2899 / FX 763-767-7316 Proposal To: Rick Wahlen- Eden Prairie Proposal Date: 8/15/08 Sales Rep: Tom Albrecht - 612.309.9050 Albrecht Sign Co, Inc. Proposes to furnish all labor and material as needed to: Pull old burned up plastic, install new custom plastic on south side. Replace neon on 3 sides (south, north and east)with Hyperion LEDs and proper power supplies. Bid Price: $99,200 Price does not include permit and staff time fees. Bid subject to landlord and city approval. Permit application to be submitted upon receipt of down payment and signed proposal. Fabrication to begin upon receipt of permit. Terms: 50% down; balance due upon completion Authorized signature: Tom Albrecht/President Note:This proposal may be withdrawn by Albrecht Sign Co.Inc.if not accepted in 30 days I/We accept the prices, terms, conditions and or specifications listed here, and I herby authorize Albrecht Sign Co, Inc. to perform the work as specified Customer Signature Date 1 HOEFT SIGNS Estimate 6035 235TH STREET WEST FARMINGTON,MN 55024 Date Estimate# 8114/2008 4159 Name 1 Address City of Eden Prairie Rick Wahlen Project Description Qty Cost Total Remove neon from North,South&east sides of tower 102,600.00 102,600.00 Replace with new hypron leads for all 3 sides Remove burnt plastic&replace with new custom blue Subtotal S 102,600.00 Sales Tax (0.0%) moo Total $102,600.00 • ncraftes COMPLETE SIGN SERVICE Kevin City Of Eden Prairie Proposal Date 07-25-08 8080 Mitchell Road Salesperson Pat Lawrance Eden Prairie, MN 55344 Job location Water Tower Phone: 952-294-5911Cell: Fax: 952-937-5514 e-mail: Signcrafters proposes to furnish all labor and materials as needed to 1.Remove burnt plastic facing front on clock, existing neon, transformers, high tension gto wiring on south side of water tower and replace with Hyperion white L.E.Ds,power supplies and reinstall new plastic facing. $38,000.00 2.Remove burnt plastic faces, repair neon tubing, high-tension gto wiring and reinstall new plastic and neon tubing, high-tension gto wiring and housings. $9,000.00 Note: if transformers were needed there would be an extra charge. 3.Remove burnt plastic from south side only, neon only from the north, south and east sides of water tower and replace with Hyperion white L.E.Ds,power supplies and new plastic facing. $94,000.00 Projected completion date is after receipt of down payment, signed contract, approved drawings and city approval. If provisions of above include installation of sign base,sign base is bid"under normal ground conditions only" Sign(s)area(s)by Total bid price: $Note: Servicing any of the other sides of the water tower would be charge out at Time and material. (Does not include charges(Es),electrical hookups and/or disposal/recycling fees Payment terms: 50%down payment($)balance due upon job completion and receipt of invoice. Payments not received within thirty days of the date of this invoice may render the warranty null and void. Authorized signature: I/We accept the prices,terms,conditions and/or specifications listed here and on reverse page,and hereby authorize you to perform the work as specified. Note:This proposal maybe withdrawn by Signcrafters,Inc.,if not accepted within thirty days. Customer signature Date accepted 7775 MAIN STREET MINNEAPOLIS, MN 55432 (763) 571-2995p (763) 571-3588f E-Mail: Signcrafters@SCOUTDOOR.com CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 16, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.J. Stuart Fox, Parks and Natural Pleasant Hill Cemetery Rules and Resources Manager Regulations Parks and Recreation Motion Move to: Approve the new Rules and Regulations for Pleasant Hill Cemetery as presented to the City Council by the Pleasant Hill Cemetery Task Force. Synopsis The Cemetery Task Force presented its final report to the City Council in March of 2008. One of the recommendations of the Task Force was to adopt new Rules and Regulations that would update the management of the operation of the cemetery. The Rules and Regulations have been checked for consistency and are attached to this memorandum. Background The current Rules and Regulations have been in place for nearly twenty years and one of the main goals of the Cemetery Task Force was to update the Rules and Regulations to resolve several inconsistencies. The Task Force spent many hours comparing the Pleasant Hill Cemetery Rules and Regulations with those of other municipal and public cemeteries in the area. The updated Rules and Regulations will assist the staff in addressing discrepancies in the older Rules and Regulations and will provide clarification regarding ornamentation on grave sites. Following formal adoption of the new Rules and Regulations, staff will work with the Communication Department to produce a brochure and cemetery signage. Each will provide visitors and prospective grave lot purchasers information regarding grave purchase costs, markers and monuments, flowers adornments and landscape improvements on the cemetery grounds area. Attachment Pleasant Hill Cemetery Rules and Regulations CITY OF EDEN PRAIRIE PLEASANT HILL CEMETERY RULES AND REGULATIONS 1. Interments 1.1. Grave owners are only granted the right of interment in their grave(s). The City of Eden Prairie reserves the right to refuse to permit interment of anyone who is not a relative of the owner, by blood or marriage. Written, notarized permission of the grave owner must accompany all requests for permits to bury persons not members of the immediate family of the grave owner. 1.2. No interment shall be made in the cemetery except upon at least 24 hours notice prior to the time set for the interment. 1.3. No casket shall be interred within the cemetery grounds unless first properly enclosed in a concrete vault or grave box. 1.4. Cremated remains must be placed in a permanent urn or concrete burial receptacle prior to burial, the scattering of cremated remains is not permitted. 1.5. Prior to interment, in the event that an owner of a grave or funeral director fails or neglects to inform the City of specific locations of where the burial is to take place, the City of Eden Prairie reserves the right to designate the location of said burial. In the event that an owner of a grave or a funeral director fails or neglects to inform the City of specific dimensions of the concrete vault, grave box, or permanent urn or concrete burial receptacle to be used in said interment, the City shall assume the dimensions to be that of a standard concrete vault or grave box, and shall act thereon without assuming any liability in the event that the actual dimensions are different. Information as to the specific location of the intended interment and the specific dimensions of the vault used therein shall be given to the City in writing. Any mistakes or errors made in the location of interment or size of grave occurring as a result of receiving oral information, or incomplete or incomprehensible written information, shall not result in any liability on behalf of the City. 1.6. The owner of the grave and/or funeral director shall be responsible for procuring the interment permit and shall be responsible for properly identifying the body to be interred before it is placed in the vault. In the event any mistakes or errors are made as to the information in the interment permit or as to the identification of the body, the City shall not be held liable. 1.7. No interment of two or more bodies shall be made in one grave except in the following cases: (1) A parent and child may be buried in one casket. CITY OF EDEN PRAIRIE PLEASANT HILL CEMETERY RULES AND REGULATIONS Page 2 (2) Two infants may be buried in one casket. (3) Two urns of cremated remains may be buried on one grave. (4) One body in a casket and one urn of cremated remains may be buried in one grave. 1.8. No interments may be made in the cemetery unless all the ordinances, rules, and regulations regarding interments have been complied with and until the purchase price of said grave and all burial fees are paid, or arrangements have been made with the City to pay for such costs. 1.9 The cost of interments, including the burial of cremated remains, shall be determined by the City, and is subject to change. A current fee schedule may be obtained at the City offices. 2. Delay of Interment 2.1. The City of Eden Prairie will not be liable for any delay in the interment of a body when a protest to the interment has been made or where failure to comply with these Rules and Regulations result in delay of interment. 3. Disinterments 3.1. Before any grave may be opened for any purpose, written permission of the next-of- kin of the body to be disinterred shall be filed with the City, along with written permission of the grave owner, unless said grave owner is predeceased. The disinterment will be scheduled by the City. This provision does not apply when disinterment is ordered by a duly-authorized public authority. 3.2. The costs of disinterments shall be determined by the City. 4. Conditions of Grave Purchases 4.1. All graves will be sold subject to these Rules and Regulations and any amendments or adoption thereto. The purchaser shall expressly agree, in the deed conveying the grave, that their rights are subject to these Rules and Regulations and any amendments thereto shall constitute the complete sale agreement between the cemetery and the grave owners. 4.2. No grave shall be used for any purpose other than the burial of human remains and the placement of appropriate memorials, pursuant to the Rules and Regulations of the cemetery. CITY OF EDEN PRAIRIE PLEASANT HILL CEMETERY RULES AND REGULATIONS Page 3 4.3. No easement or right of interment is granted to any grave owner in any road, drive, alley, or walkway within the Pleasant Hill Cemetery, but such a road, drive, alley, or walkway may be used as a means of access to the owner's cemetery grave or graves. 4.4. In the event any errors are made by the City or agent thereof in making interments, disinterments, or removal, or in the description, transfer or conveyance of any interment property, the City shall have the right to correct such error by: (1) canceling such conveyance and substituting and conveying in lieu thereof another interment property of equal value in a location to be determined by the City, or (2) refunding the amount of money paid on account of said purchase 5. Purchase of Graves 5.1. All fees, costs, or charges shall be set by the City and are payable to the City of Eden Prairie at the City offices located at 8080 Mitchell Road, Eden Prairie, Minnesota. 5.2. Upon full payment of the purchase price of a grave, the City of Eden Prairie will issue a cemetery Deed conveying the grave, executed by the City, and the Deed shall be recorded in the records of the City. Description of the grave will be in accordance with the cemetery plats,which are kept at the City offices. 6. Transfer of Graves 6.1. In order to transfer ownership of a cemetery grave to another, the owner must complete a Transfer of Ownership document provided by the City, and have the same signed by a witness and notarized by a Notary Public. The Transfer of Ownership document must be reviewed and approved by the City prior to the transfer of a grave by the owner. The owner of a grave may transfer said grave to: (1) The City of Eden Prairie at the original sale price, or if the original price is unknown, the resale price shall be the current sale price for a similar grave; (2) any surviving relative by will for the use and benefit of the person designated in the will; (3) any person who is a resident of the City of Eden Prairie; or (4) any other person approved by the City of Eden Prairie upon application by the owner of the grave. CITY OF EDEN PRAIRIE PLEASANT HILL CEMETERY RULES AND REGULATIONS Page 4 When a transfer has been made in conformance with these rules, the City will issue a deed to the new owner upon surrender of the prior deed belonging to the previous owner. The surrendered deed will then be canceled and retained by the City. 6.2. No grave will be permitted to be re-sold, disposed of, or otherwise used, until the purchase price, and all unpaid fees, costs or charges have been paid in full. 6.3. No cemetery grave may be re-sold or otherwise disposed of without prior approval of the City. 6.4. Grave owners may not allow interments to be made in their grave for remuneration unless the process for transfer of graves has been completed and approved by the City. 7. Descent of Graves 7.1. On the death of a grave owner, such grave shall be granted and conveyed by the City to any of the deceased's parents, descendants or siblings, pursuant to the Minnesota Intestate Succession Laws, Minn. Stat. 525.14, who are qualified to be buried therein, unless provided for by will. The City may request such evidence as it may deem necessary to prove that the grave in question is received by the person who would be entitled to receive it. 8. Markers and Upright Monuments 8.1. Every grave marker must be placed in the space reserved therefore as shown upon the plat of such grave, or as directed by the City. 8.2. No marker or upright monument, nor any part thereof, may be constructed of limestone, sandstone, or any artificial material. 8.3. No upright monuments will be allowed in Section III of the cemetery; only flat grave markers of sizes specified by the City will be allowed therein. Marker size shall be limited to 12" x 24" x 4" for a single, flat marker and 12" x 40" x 4" for a double, flat marker, unless otherwise approved by the City. Exception: Upright monuments are allowed in Sections I and II of the cemetery. Any new upright monuments must be of similar size and composition as the current monuments and must be approved by the City prior to installation. 8.4. No foundation will be required for flat markers, which shall be set flush with the ground. All markers will be set by City of Eden Prairie personnel or by private contractors who must contact the City to receive adequate instruction related to proper placement. Exception: Upright monuments in Sections I & II may require a foundation and must be approved by the City prior to installation. CITY OF EDEN PRAIRIE PLEASANT HILL CEMETERY RULES AND REGULATIONS Page 5 8.5. Four-inch wide unadorned mowing borders of approved materials will be encouraged in the cemetery. It will be the responsibility of the owner to have the marker set; however in the event it is set onsite, the City shall approve the work. Any contractors and others involved in such activity must notify the City before commencing any work thereon. If a marker or upright monument is to be set by the City, payment of the marker setting fee must be paid to the City in advance. 9. Permanent Care 9.1. The general care of the cemetery is assumed by the City and includes the following: (1) cutting of grass at reasonable intervals; (2) raking and cleaning the grounds; (3) pruning of shrubs and trees; (4) maintaining the general preservation of the graves and grounds, walks, and (5) maintaining roadways,boundaries, and structures. The general care of the cemetery may be awarded by contract to private firms by the City, if desired. 9.2. General care of the cemetery assumed by the City shall not be required to include the maintenance, repair or replacement of any grave marker or memorial placed or erected upon graves, nor shall it include any special or unusual work in the cemetery. 10. Flowers,Adornments, and Landscape Improvements 10.1. Plants and flowers may be placed in a pot(s) on a single, durable and erect stands at a grave site. The City or any of its employees will not be responsible for the damage or destruction to any flowerpot or vase placed directly on the ground. Flowers placed directly on the grave will be removed and discarded prior to routine cutting of grass. 10.2. Pots and stands should be removed by November 1 of each year and can be replaced at the appropriate grave site beginning May 20 of each year. If pots and stands are left year-round, the City is not responsible for the damage, destruction, or loss thereof. CITY OF EDEN PRAIRIE PLEASANT HILL CEMETERY RULES AND REGULATIONS Page 6 10.3. Stands unutilized for extended periods of time or not maintained may be removed by the City. 10.4. Live or flowering-type potted plants are allowed on special dates such as Religious holidays, Memorial Day, birthdays, or anniversaries. They will be permitted to remain on display for five (5) days after which they may be removed and discarded. 10.5. Any manner of artificial flowers, plants, wreaths, or other adornments are subject to immediate removal beyond a single maintenance period, with the exception of 30 days following interment or if placed in single, durable and erect flower stand. 10.6. No trees, shrubs, or vines may be planted, nor may any fences erected by any private party on the cemetery grounds. The City reserves the right to remove any tree, shrub, vine, plant, or flowers which may become unsightly, dangerous, diseased, or which is not in keeping with the landscape design of the cemetery. 10.7. All landscaping, grading, and seeding shall be done by the City of Eden Prairie and its designated employees or contractors. All graves will be seeded and kept flush with the adjacent ground. 10.8. The City will make water available to grave owners for care of flowers and plants in pots and stands from May 20 to October 20 of each year, depending on the weather and/or general availability of water. 11. Cemetery Management 11.1. The responsibility for the management of the Pleasant Hill Cemetery and all matters related thereto shall be vested in the City. 11.2. The Eden Prairie Parks, Recreation and Natural Resources Department shall be responsible for the care and maintenance of the cemetery. 12. Hours 12.1. The cemetery will be open daily to visitors during the hours of 7:00 a.m. to sunset. Permission to enter at all other times shall be secured from the City. The City reserves the right to refuse admission to the cemetery and to refuse the use of any of the cemetery's facilities, at any time, to any person or persons whom the City may deem objectionable in consideration of the best interest of the cemetery. 13. General Provisions 13.1. Persons within the cemetery shall use only the paths and walkways. No one is permitted to walk upon or across graves unless it is necessary to do so to gain access CITY OF EDEN PRAIRIE PLEASANT HILL CEMETERY RULES AND REGULATIONS Page 7 to one's own grave. The City expressly disclaims any liability for any injuries sustained by anyone violating this rule. 13.2. Persons visiting the cemetery or attending funerals are strictly prohibited from writing upon, defacing, or injuring any memorial and from breaking or injuring any tree, shrub, plant, or other structure within the cemetery grounds. 13.3. The following acts, in addition to any other applicable violations of City ordinances and regulations, are expressly prohibited: (1) The driving of motor vehicles into the cemetery, unless attending a funeral, visiting a relative or friend's grave site, or carrying on maintenance work authorized by the City. (2) The driving or parking of any motor vehicle across or upon any grave. (3) The driving of any motor vehicle in excess of ten miles-per-hour within the cemetery grounds. (4) Loud or boisterous talking or music. (5) Bringing lunches or refreshments into the cemetery or consuming them on the grounds. (6) Peddling or soliciting the sale of any non-cemetery commodity within the cemetery grounds. (7) Placing of signs, notices, or advertisements of any kind within the cemetery. (8) Bringing firearms into the cemetery except by military escort accompanying a veteran's funeral, attending memorial services, or by police officers. 13.4. Special cases may arise in which the literal enforcement or interpretation of a rule may impose an unnecessary hardship. In such cases, the City reserves the right to make exceptions or modifications to, or suspensions of, any of these Rules and Regulations, when the City deems that such action appears to be necessary. Such a temporary exception, modification, or suspension shall in no way be construed as affecting the general application of such Rules and Regulations. 13.5. The City of Eden Prairie reserves the right to remove all monuments, markers, flowers, plants, trees, decorations or other similar objects whenever they become unsafe or unsightly without incurring any liability to any party. CITY OF EDEN PRAIRIE PLEASANT HILL CEMETERY RULES AND REGULATIONS Page 8 13.6. Specific costs for graves, interments, disinterments, burial of cremated remains, and setting markers are not included in these Rules and Regulations since these are set by resolution of the City Council. A current schedule of fees can be obtained at the City offices. 13.7. The City of Eden Prairie reserves the right to amend these Rules and Regulations whenever it is determined that it is in the best interest of the cemetery to do so. The City is not required to give notice of such intended action to any person. 14. Pets 14.1 Dogs and other family pets, including aid-assisting dogs, are permitted on the cemetery grounds. All pets, including aid-assisting dogs, must remain on a leash no longer than six (6) feet in length at all times while on the cemetery grounds. G:\Pueks and Reeeeutiou\Pseks\Ceeeeleey\Pleasant Hill Cemetery Rules and Reguledoes FINAL March IOOd4eu CITY COUNCIL AGENDA DATE: September 16, 2008 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community SurModics Development/Planning Janet Jeremiah/Scott Kipp Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 9.8 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review and Zoning Amendment in the I-2 District on 9.8 acres; and • Adopt the Resolution for Preliminary Plat on 9.8 acres into 1 lot; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. • Authorize staff to issue a grading, footing, and foundation permits to SurModics to proceed with construction at their own risk Synopsis The property is zoned I-2. An existing 63,390 sq. ft. building occupies the property. The project shows a two phased development. Phase one consists of a 63,000 sq. ft. two-story addition, and is the subject of this report. Phase two consists of demolishing 30,000 sq. ft. of the original building and constructing a 60,000 to 80,000 sq. ft. addition west of phase one The project conforms to the requirements of the I-2 District. Background Information The 120-Day Review Period Expires on December 18, 2008. Planning Commission Recommendation The Planning Commission voted 7-0 to recommend approval at the September 8, 2008 meeting. Attachments 1. Resolution—PUD Concept Review 2. Resolution—Preliminary Plat 3. Staff Report 4. Location Map 5. Land Use Map 6. Zoning Map 7. Planning Commission Minutes—Unapproved minutes are not available SURMODICS CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2008- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF SURMODICS FOR SURMODICS,INC 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 September 8, 2008, on SurModics by SurModics, Inc and considered their request for approval of the PUD Concept plan and recommended approval of the request to the City Council; and WHEREAS,the City Council did consider the request on September 16, 2008. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. SurModics,being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans stamp dated September 10, 2008. 3. That the PUD Concept meets the recommendations of the Planning Commission September 8, 2008. ADOPTED by the City Council of the City of Eden Prairie this 16th day of September, 2008. Phil Young, Mayor ATTEST: Kathleen A. Porta, City Clerk EXHIBIT A PUD Concept - SurModics Legal Description before Final Plat: Lot 2, Block 1,Norseman Industrial Park 6th Addition, Hennepin County. MN. Legal Description before After Final Plat: Lot 1, Block 1,Norseman Industrial Park 7th Addition, Hennepin County. MN. SURMODICS CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2008- RESOLUTION APPROVING THE PRELIMINARY PLAT OF SURMODICS FOR SURMODICS, INC BE IT RESOLVED,by the Eden Prairie City Council as follows: That the preliminary plat of SurModics for SurModics stamp dated September 10, 2008, and consisting of 9.80 acres into one lot, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 16th day of September, 2008. Phil Young , Mayor ATTEST: Kathleen A. Porta, City Clerk STAFF REPORT TO: Planning Commission FROM: Scott A. Kipp, Senior Planner DATE: September 5, 2008 PROJECT: SurModics LOCATION: Northeast corner of West 74th Street and Golden Triangle Drive APPLICANT/ OWNER: SurModics, Inc. 120 DAY REVIEW: Expires December 18, 2008 REQUEST: • Planned Unit Development Concept Review on 9.8 acres • Planned Unit Development District Review on 9.8 acres • Zoning District Amendment within the I-2 Zoning District on 9.8 acres • Site Plan Review on 9.8 • Preliminary Plat of 9.8 acres into one lot Staff Report—SurModics September 5, 2008 Page 2 BACKGROUND The Comprehensive Guide Plan shows this site for Industrial land use. The property is zoned I-2. An existing 63,390 sq. ft. building occupies the property. PUD CONCEPT PLAN The PUD Concept Plan shows a two phased development. Phase one consists of a 63,000 sq. ft. two-story addition, and is the subject of this report. Phase two consists of demolishing 30,000 sq. ft. of the original building and constructing a 60,000 to 80,000 sq. ft. addition west of phase one. No review or zoning approvals are proposed for phase two at this time. PHASE ONE SITE PLAN The site plan shows the building addition west of the existing building connected by a pedestrian link and associated patio and green space. Phase one addition results in a base area ratio of 0.225 and a floor area ratio of 0.298. City code permits up to a 0.30 base area ratio and a 0.50 floor area ratio in the I-2 zoning district. The building addition meets the setback requirements for the I-2 district. Code requires 361 parking spaces. The proposed plan shows 365 parking spaces. A public sidewalk will be extended from the corner of 74th Street West and Triangle Drive to the easterly property line of the project. PRELIMINARY PLAT The preliminary plat shows the two existing parcels platted into one lot. The plat should be revised to show a 20' by 20' triangle of right-of-way at the southwest corner of the plat for the purpose of maintaining an intersection clear sightline. DRAINAGE AND UTILITIES A combination of a storm water pond designed to NURP standards for the new construction and rainwater garden infiltration basins are provide to accommodate storm water. LANDSCAPING The amount of landscaping required is based on the square footage of the buildings is 198 caliper inches. The plan meets the landscaping requirements. The area proposed for future phase two development will include a berm planted in short grass prairie and wildflower mix. The site 2 Staff Report—SurModics September 5, 2008 Page 3 perimeter will be sodded and a seed mixture used adjacent to the pond and rainwater garden areas. ARCHITECTURE The 38-foot tall building will consist of precast concrete units integrally treated with a decorative material and texture, glass, and metal panel meeting the requirements of City code. A metal parapet is proposed to screen all rooftop equipment. SIGNS The industrial zoning district permits free standing signs,building identification signs, and tenant signs. All signs shall be designed and located meeting City code. TRAVEL DEMAND MANAGEMENT PLAN A Travel Demand Management Plan is required as part of the project. A TDM Plan is a program to reduce the number of trips to and from a site during the peak traffic hours. Typical plans include alternative work schedules, carpool, walking and biking. A draft TDM Plan has been submitted. STAFF RECOMMENDATIONS Recommend approval of the following request: • Planned Unit Development Concept Amendment on 9.8 acres • Planned Unit Development District Review on 9.8 acres • Zoning District Amendment within the I-2 Zoning District on 9.9 acres • Site Plan Review on 9.8 acres • Preliminary Plat of 9.8 acres into one lot This is based on plans stamped dated September 2, 2008, and the following conditions: 1. Prior to City Council Review, the proponent shall revise the preliminary plat to show a 20' by 20' triangle of right-of-way at the southwest corner of the plat for the purpose of maintaining an intersection clear sightline. 2. Prior to release of the final plat, the proponent shall submit detailed storm water runoff, utility, and erosion control plans for review and approval by the City Engineer and Watershed District. 3. Prior to grading permit issuance, the proponent shall: A. Notify the City and Watershed District 48 hours in advance of grading. 3 Staff Report—SurModics September 5, 2008 Page 4 B. Install erosion control at the grading limits. 4. Prior to building permit issuance for the property, the proponent shall: A. Provide a landscaping surety equivalent to 150% of the cost of the landscaping plan for 198 caliper inches. B. Pay the Cash Park Fee. C. Review the plans with the Fire Marshal D. Submit building materials and colors for review and approval. 4 Area Location Map - Surmodics Address: Northeast corner of 74th Street W. and Golden Triangle Dr., Eden Prairie, MN HWY 169 P) Golden Triangle Dr -17--- Valley View Rd y ) Washington Ave S IY 1 SIT E 74th St W ------- c------------- 11 K _ 76th St W o Scale jipumilmir—w ■ I 1 , . Washington Ave S 61 Golden Triangle Dr ■ (I"r , V.,)/\i'vv !Rd HWY 169 .-/ mil /// I wale" Ir imp00/ rim lo iip)ini . 74th St W 11111 Limmm"."1"111114111111111111111""mmmmmmmmiNININENI .41 F 111116.4111111 thikiL a i 76th St W Guide Plan Map Sjrmodics Legend 10080 74th Street West Low Density Residential 0-2.5 Units/Acre I Neighborhood Commercial Eden Pr i N ®Low Density/Public/Open Space -Community Commercial Vl ', E , '1 Medium Density residential 2.5-10 Units/Acre-Regional Commercial EDEN O Medium Density Residential/Office -PadkOpen Space -High Density Residential 10-40 Units/Acre I Public/Quasi-Public Office Golf ch Cemetery PRAIRIE ®Office/Indusbial �Church/Cemetary VIIIOffice/Public/OpenSpace I Open Water LIVE•WORK•DREAM -Indushial I Right-Of-Way No Scal e III Washington Ave S Golden Triangle Dr i( Valley View Rd N' HWY 169 1 SITE 74th St W Iligi -------- ----.. 76th St W \ - Legend Zoning M/�ap Q Rural -Regional Commercial Sj r m ad i cs R1-44 One Family-44,000 sf.min. -TC-C 10080 74th St r eat West -R1-22 One Family-22,000 sf min. -TC-R R1-13.5 One Family-13,500 sf min. -TC-MU Eden Pr ai=Vi N 1 IR1-9.5 One Family-9,500 sf min. I Industrial Park-2Acre Min, 'A E ,P'1 RM-6.5 Multi-Family-6.7 U.P.A.max. I 1 Industrial Park-5 Acre Min. [)E-RM-2.5 Multi-Family-17.4 U.P.A.max.-General Ind mhial-5 Acre Min. I I Office I I Public Neighborhood Commercial o Golf Course PRAIRIE Community Commercial I I Water -Highway Commercial I I Right of Way c LIVE•WORK•OREAM -Regional Service Commercial No „ale CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims September 16, 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 178203 — 178630 Wire Transfers 3146—3161 City of Eden Prairie Council Check Summary 9/16/2008 Division Amount Division Amount General 342,817 701 Water Fund 71,326 100 City Manager 261 702 Sewer Fund 1,224 101 Legislative 105 703 Storm Drainage Fund 25,744 102 Legal Counsel 20,554 802 494 Commuter Services 26,064 104 Contingency -22,113 803 Escrow Fund 8,068 110 City Clerk 100 807 Benefits Fund 127,226 111 Customer Service 9,044 811 Property Insurance 165 113 Communications 6,146 812 Fleet Internal Service 73,626 114 Benefits&Training 2,648 813 IT Internal Service 3,204 116 Facilities 20,615 ** US Bank Purchasing Cards 31,602 117 City Center 42,086 119 Cmty Center-Facilities 62,926 Report Totals 2,165,902 130 Assessing 1,338 131 Finance 148 133 Planning 194 136 Public Safety Communications 6,477 150 Park Administration 237 151 Park Maintenance 22,141 153 Organized Athletics 7,342 154 Community Center 4,058 156 Youth Programs 1,384 157 Special Events 823 158 Adult Recreation 2,371 159 Recreation Administration 9,605 160 Therapeutic Recreation 67 161 Oak Point Pool 8,425 162 Arts 2,320 163 Outdoor Center 4,538 180 Police 10,108 183 Emergency Preparedness 62 184 Fire 16,507 186 Inspections 280 200 Engineering 637 201 Street Maintenance 100,665 301 CDBG 8,589 303 Cemetary Operation 200 304 Senior Board 63 309 DWI Forfeiture 799 315 Economic Development 3,330 502 Park Development 78,003 503 Utility Improvement 313,972 509 CIP Fund 302,554 511 Construction Fund 58,512 512 CIP Trails 1,046 516 ADC PROJECT 26 517 212/Charlson Intersection 618 520 Parks Referendum 3,539 524 Sprint/Nextel 8,465 601 Prairie Village Liquor 97,426 602 Den Road Liquor 163,584 603 Prairie View Liquor 69,858 605 Den Road Building 2,152 City of Eden Prairie Council Check Register 9/16/2008 Check# Amount Vendor/Explanation Account Description Business Unit 3146 1,637 GENESIS EMPLOYEE BENEFITS,INC Other Contracted Services Health and Benefits 3147 16 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 3148 87 WELLS FARGO MINNESOTA N A SS&Medicare Health and Benefits 3149 50 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 3150 318 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 3160 31,602 US BANK 3161 2,051 WELLS FARGO MINNESOTA N A SS&Medicare Health and Benefits 178203 1,162 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 178204 4,135 A-SCAPE INC Contract Svcs-Lawn Maint. Den Bldg.-CAM 178205 32 AAA LAMBERTS LANDSCAPE PRODUCT Repair&Maint. Supplies Water System Maintenance 178206 709 AGGREGATE INDUSTRIES Equipment Repair&Maint Water System Maintenance 178207 125 AMEM Conference Expense Fire 178208 158 AMERICAN WATER WORKS ASSOCIATI Dues&Subscriptions Utility Operations-General 178209 312 AMERIPRIDE LINEN&APPAREL SER Repair&Maint. Supplies Den Road Liquor Store 178210 348 ASPEN EQUIPMENT CO. Equipment Repair&Maint Fleet Operating 178211 1,274 ASPEN WASTE SYSTEMS INC. Waste Disposal Community Center Maintenance 178212 48 ASSOCIATED MECHANICAL CONT.IN Cash Over/Short General Fund 178213 3,326 BARR ENGINEERING COMPANY Other Contracted Services Storm Drainage 178214 1,010 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 178215 4,247 BELLBOY CORPORATION Transportation Prairie Village Liquor Store 178216 949 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations-General 178217 61 BIFFS INC Waste Disposal Park Maintenance 178218 1,112 BME CONSULTING Other Contracted Services Assessing 178219 909 BOLD,PAULINE Instructor Service Outdoor Center 178220 100 BRAGG,ANNALISA Instructor Service Outdoor Center 178221 40 BREDOW,VERNETT Program Fee Red Hat 178222 650 BROWN,PAUL Other Contracted Services Volleyball 178223 653 CEMSTONE PRODUCTS COMPANY Supplies-Fire/Life/Safety Den Bldg.-CAM 178224 1,365 CHANHASSEN DINNER THEATRE Special Event Fees Trips 178225 226 CHOICE INC Other Contracted Services Prairie View Liquor Store 178226 220 COLOR PRINTING Printing Police 178227 13 COMCAST Operating Supplies Fire 178228 1,813 CONCRETE CUTTING&CORING INC Operating Supplies Street Maintenance 178229 189 CONNEY SAFETY PRODUCTS Office Supplies General 178230 1,311 CORNERSTONE Repair&Maint. Supplies Storm Drainage 178231 45 CORPORATE EXPRESS Office Supplies General 178232 6,877 DAY DISTRIBUTING Beer Prairie View Liquor Store 178233 268 DELEGARD TOOL CO Equipment Parts Fleet Operating 178234 14,162 DIVERSE BUILDING MAINTENANCE Janitor Service Public Works/Parks 178235 48 DMX MUSIC Other Contracted Services Prairie Village Liquor Store 178236 150 DRAMATISTS PLAY SERVICE INC Other Contracted Services Arts Initiative 178237 200 DUNN BROS EDEN PRAIRIE WEST-3 Miscellaneous Environmental Education 178238 1,242 EAGLE WINE COMPANY Transportation Prairie View Liquor Store 178239 120 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous Communications 178240 197 EDEN PRAIRIE ROTARY CLUB Operating Supplies Fire 178241 91,830 ELLINGSON DRAINAGE Improvement Contracts Utility Improvement Fund 178242 2,072 ENTERPRISE RENT-A-CAR Equipment Parts Fleet Operating 178243 1,422 ENVIRONMENTAL EQUIPMENT&SERV Equipment Parts Fleet Operating 178244 2,684 ESS BROTHERS&SONS INC Repair&Maint. Supplies Infiltration/Inflow Study 178245 990 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store 178246 80 FAGNANT,SUSAN Instructor Service Outdoor Center 178247 95 G&K SERVICES-MPLS INDUSTRIAL Janitor Service Utility Operations-General 178248 7,500 G&L INVESTMENTS LLC Deposits Escrow 178249 439 GE CAPITAL Other Rentals General 178250 62 GINA MARIAS INC Operating Supplies Fire 178251 539 GLENROSE FLORAL AND GIFT SHOPS Deposits Escrow 178252 88 GRAFIX SHOPPE Equipment Parts Fleet Operating 178253 1,717 GRAINGER Supplies-HVAC Community Center Maintenance 178254 1,860 GRAPE BEGINNINGS Transportation Den Road Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit 178255 8,093 GRAYMONT Treatment Chemicals Water Treatment Plant 178256 335 GREAT AMERICAN BUSINESS PRODUC Operating Supplies Community Center Admin 178257 321 GREATAMERICA LEASING CORP. Postage General 178258 20,554 GREGERSON ROSOW JOHNSON&NILA Legal Legal Criminal Prosecution 178260 12,755 GRIGGS COOPER&CO Liquor Prairie View Liquor Store 178261 294 GS DIRECT Office Supplies Engineering 178262 143 GULDEN-BOBBITT,RYAN Mileage&Parking Police 178263 15,529 HANSEN THORP PELLINEN OLSON Design&Engineering Water Treatment Plant 178264 73 HANSON,RUSSELL W Program Fee Trips 178265 56,009 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Operating 178266 78 HD SUPPLY WATERWORKS LTD Operating Supplies Park Maintenance 178267 100 HENNEPIN CHIEF'S ASSOCIATION Tuition Reimbursement/School Police 178268 34 HEWITT,MITCH Abandoned Property General Fund 178269 5,649 HIGHWAY TECHNOLOGIES INC Improvements to Land Capital Impr./Maint.Fund 178270 1,303 HOHENSTEINS INC Beer Prairie View Liquor Store 178271 32 IDEARC MEDIA CORP (VERIZON DI Advertising Prairie Village Liquor Store 178272 75 INTERNATIONAL ASSOCIATION OF A Dues&Subscriptions Fire 178273 1,586 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 178274 262 J H LARSON COMPANY Supplies-Electrical City Hall-CAM 178275 26,929 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie Village Liquor Store 178279 28,519 JOHNSON BROTHERS LIQUOR CO Wine Domestic Prairie View Liquor Store 178280 208 KEEPERS Clothing&Uniforms Fire 178281 350 KETTELL,PAULA Parking Permits Community Center Admin 178282 480 KOERING,STEVE Travel Expense Fire 178283 349 KRISS PREMIUM PRODUCTS INC Repair&Maint. Supplies City Hall-CAM 178284 26 KRUEGER,JULIE Abandoned Property General Fund 178285 90 LESCO INC Asphalt Overlay Street Maintenance 178286 4 LITTMAN,JENNIFER Memberships Community Center Admin 178287 552 LONESKY,JAMES G Other Contracted Services Softball 178288 423 M.AMUNDSON LLP Misc Non-Taxable Prairie View Liquor Store 178289 87,464 MARK J TRAUT WELLS INC Other Contracted Services Utility Improvement Fund 178290 21,454 MARK VII Beer Prairie Village Liquor Store 178291 3,298 MARTIN WILLIAMS Printing Fire 178292 256 MENARDS Repair&Maint. Supplies Water Treatment Plant 178293 49 MERLINS ACE HARDWARE Supplies-Electrical Community Center Maintenance 178294 181 METRO ATHLETIC SUPPLY Operating Supplies Park Maintenance 178295 799 METRO CLEANING Contract Svcs-Garden Romm Garden Room Repairs 178296 60,629 MIDWEST ASPHALT CORPORATION Asphalt Overlay Street Maintenance 178297 268 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 178298 6,000 MIDWEST DESIGN CO Other Contracted Services Communications 178299 56 MILLER,BOBBIE Other Revenue Community Center Admin 178300 320 MILLER,SUSAN AR Utility Water Enterprise Fund 178301 57,684 MINGER CONSTRUCTION INC Improvement Contracts Construction Fund 178302 127 MINNESOTA PRINT MANAGEMENT LLC Office Supplies General 178303 724 MINNESOTA TROPHIES&GIFTS Operating Supplies Police 178304 9 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Creek Woods 178305 165 MINT CONDITION DETAILING INC Insurance Property Insurance 178306 5,410 MOBILE RADIO ENGINEERING INC Equipment Repair&Maint Fleet Operating 178307 207 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 178308 97 NEW FRANCE WINE COMPANY Transportation Den Road Liquor Store 178309 150 NFPA Dues&Subscriptions Fire 178310 1,596 NILSSON,BETH Instructor Service Ice Arena 178311 1,343 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Operating 178312 94 NORTHWEST RESPIRATORY SERVICE Safety Supplies Fire 178313 85 OFFICE DEPOT CREDIT PLAN Repair&Maint. Supplies City Center Operations 178314 1,400 OLSEN FIRE PROTECTION Contract Svcs-Fire/Life/Sfty City Hall-CAM 178315 27 OSI BATTERIES INC Repair&Maint. Supplies Community Center Maintenance 178316 5,903 PAUSTIS&SONS COMPANY Transportation Den Road Liquor Store 178318 11,192 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store 178319 344 PITNEY BOWES Postage General 178320 1,365 PLANET SPIRIT Instructor Service Camps 178321 1,334 POMP'S TIRE SERVICE INC Tires Fleet Operating 178322 90 POST BOARD Dues&Subscriptions Police Check# Amount Vendor/Explanation Account Description Business Unit 178323 620 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical City Hall-CAM 178324 134 PRAIRIE LAWN AND GARDEN Operating Supplies Street Maintenance 178325 618 PRAIRIE RESTORATIONS INC Grounds Maintenance 212/Charlson Rd.Intersectio 178326 148 PRIOR WINE COMPANY Transportation Den Road Liquor Store 178327 50 PUTNAM,PAT Program Fee Trips 178330 21,964 QUALITY WINE&SPIRITS CO Transportation Prairie View Liquor Store 178331 69 QUICKSILVER EXPRESS COURIER Postage General 178332 277 QWEST Telephone Outdoor Center 178333 598 RAY,LEE Other Contracted Services Softball 178334 187 REED BUSINESS INFORMATION Improvement Contracts Inprovement Projects 1996 Fixe 178335 289 RELIAKOR SERVICES INC Contract Svcs-Asphalt/Concr. Den Bldg.-CAM 178336 207 RIDGEVIEW MEDICAL CENTER Employment Support Test Organizational Services 178337 47 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating 178338 325 ROOT 0 MATIC Contract Svcs-Plumbing City Hall-CAM 178339 44 RUMFORD,JOAN Program Fee Red Hat 178340 19 SCHNEIDER,RAMONA Program Fee Red Hat 178341 150 SCRAP METAL PROCESSORS INC Equipment Parts Fleet Operating 178342 609 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie View Liquor Store 178343 105 SIGNSOURCE Other Contracted Services City Council 178344 256,482 SM HENTGES&SONS INC Improvement Contracts Improvement Projects 2006 178345 250 SONNY'S BUILDING MAINTENANCE Contract Svcs-Roof City Hall-CAM 178346 14,418 SRF CONSULTING GROUP INC Other Contracted Services Storm Drainage 178347 293 STATE SUPPLY COMPANY Supplies-Plumbing Park Shelters 178348 146 STEINER,SHARON Program Fee Red Hat 178349 396 STERICYCLE INC Other Contracted Services Police 178350 300 STREICHERS Clothing&Uniforms Police 178351 1,550 STRIPING SERVICES INC Contract Svcs-General Bldg City Hall-CAM 178352 11 SUBHAN,REHAN Outside Water Sales Water Enterprise Fund 178353 691 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 178354 555 SULLIVANS UTILITY SERVICES INC Equipment Repair&Maint Fleet Operating 178355 25,129 THORPE DISTRIBUTING Misc Taxable Den Road Liquor Store 178356 60 THYSSENKRUPP ELEVATOR CORPORAT Contract Svcs-Elevator Community Center Maintenance 178357 146 TOM'S WINDOW CLEANING Janitor Service-General Bldg Prairie Village Liquor Store 178358 61 TRUE FABRICATIONS Transportation Den Road Liquor Store 178359 75 TUTTLE HOPKINS RECREATION INC Org Athletic League Fees Softball 178360 424 UNCOMMON GATHERINGS Operating Supplies Arts Initiative 178361 118 UNCOMMON GATHERINGS Clothing&Uniforms Arts Initiative 178362 136 UNDHEIM,NAOMI Mileage&Parking Community Center Admin 178363 10,791 VALLEY RICH CO INC Equipment Repair&Maint Utility Improvement Fund 178364 578 VESSCO INC Equipment Parts Water Treatment Plant 178365 240 VINO SOURCE,THE Transportation Den Road Liquor Store 178366 533 VINOCOPIA Transportation Den Road Liquor Store 178367 552 VTI Small Tools Utility Operations-General 178368 19,421 WALL TRENDS INC Other Contracted Services City Center Operations 178369 347 WHEELER HARDWARE COMPANY Contract Svcs-General Bldg Historical Buildings 178370 1,129 WINE COMPANY,THE Wine Domestic Prairie Village Liquor Store 178371 3,215 WINE MERCHANTS INC Transportation Den Road Liquor Store 178372 2,257 WORLD CLASS WINES INC Transportation Den Road Liquor Store 178373 1,773 XCEL ENERGY Electric Prairie View Park 178374 34,231 YALE MECHANICAL INC Supplies-HVAC Fire Station#3 178377 370 US POSTMASTER-HOPKINS Postage Senior Center Administration 178378 1,286 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 178379 2,608 A TO Z RENTAL CENTER Repair&Maint. Supplies Fire 178380 210 A-SCAPE INC Contract Svcs-Lawn Maint Fire Station#4 178381 117 AAA LAMBERTS LANDSCAPE PRODUCT Repair&Maint. Supplies Water System Maintenance 178382 108 ABLE HOSE&RUBBER INC Equipment Repair&Maint Water Treatment Plant 178384 20,933 ABM JANITORIALSERVICES-NORTH C Cleaning Supplies Police City Center 178385 128 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Den Bldg.-CAM 178386 45,999 ADVANCED ENGINEERING&ENVIRON Process Control Services Process Control 178387 364 AGGREGATE INDUSTRIES Repair&Maint. Supplies Storm Drainage 178388 304 ALTERNATIVE BUSINESS FURNITURE Capital Under$10,000 Furniture 178389 842 AMERICAN RED CROSS Licenses,Permits,Fees Pool Lessons 178390 135 AMERIPRIDE LINEN&APPAREL SER Repair&Maint. Supplies Prairie View Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit 178391 304 ANCHOR PAPER COMPANY Office Supplies General 178392 2,192 ANCOM COMMUNICATIONS INC Equipment Repair&Maint Wireless Communication 178393 800 ANDERSON,ROD Other Contracted Services Tree Disease 178394 20 APA NORTHSTAR CHAPTER Conference Expense Finance 178395 10 ARI MECHANICAL SERVICES Cash Over/Short General Fund 178396 314 ASPEN WASTE SYSTEMS INC. Waste Disposal Community Center Maintenance 178397 210 AZTEC BP Equipment Repair&Maint Police 178398 70 B&V VENDING INC Merchandise for Resale Concessions 178399 32 BATTERY STORE INC,THE Operating Supplies Engineering 178400 108 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 178401 92 BAXTER,JOHN AR Utility Water Enterprise Fund 178402 158 BECKER ARENA PRODUCTS INC Supplies-Plumbing Ice Arena Maintenance 178403 8,191 BELLBOY CORPORATION Operating Supplies Den Road Liquor Store 178404 331 BERNE SCALE Maintenance Contracts Water Treatment Plant 178405 24 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations-General 178406 241 BIFFS INC Waste Disposal Park Maintenance 178407 38 BLACK&DECKER,USPTG Operating Supplies Park Maintenance 178408 2,335 BLOOMINGTON SECURITY SOLUTIONS Contract Svcs-General Bldg Community Center Maintenance 178409 2,066 BLOOMINGTON,CITY OF Other Contracted Services Animal Control 178410 58 BLOOMINGTON,CITY OF Other Contracted Services Park Maintenance 178411 1,000 BOLD,PAULINE Instructor Service Outdoor Center 178412 30 BOWMAN,RALEIGH City Building Rental City Center Operations 178413 249 BOYER FORD TRUCKS Equipment Parts Fleet Operating 178414 12 BREDOW,VERNETT Program Fee Red Hat 178415 1,847 CEMSTONE PRODUCTS COMPANY Improvement Contracts CIP Trails 178416 17,081 CENTERPOINT ENERGY SERVICES IN Gas Water Treatment Plant 178417 276 CHRISTIANSEN,MIKE Other Contracted Services Softball 178418 80 CITI-CARGO&STORAGE CO,INC Other Contracted Services Staring Lake Concert 178419 1,727 CLAREYS INC Safety Supplies Utility Operations-General 178420 443 COHEN,WALTER AR Utility Water Enterprise Fund 178421 744 CONTROL SERVICES OF MINNESOTA, Contract Svcs-HVAC City Hall-CAM 178422 937 CORPORATE EXPRESS Office Supplies General 178423 989 DALCO ROOFING&SHEET METAL IN Building Repair&Maint. Utility Operations-General 178424 500 DARNELL,DON Refunds Environmental Education 178425 6,386 DAY DISTRIBUTING Beer Prairie View Liquor Store 178426 280 DEPARTMENT OF LABOR AND INDUST Conference Expense Inspections-Administration 178427 200 DIETHELM,TAMMY L Other Contracted Services Pleasant Hill Cemetery 178428 6,034 DIVERSE BUILDING MAINTENANCE Janitor Service Park Shelters 178429 963 DOODY MECHANICAL SERVICE Contract Svcs-Plumbing Fire Station#1 178430 5,372 EAGLE WINE COMPANY Transportation Prairie View Liquor Store 178431 1,275 EARL F ANDERSEN INC Signs Traffic Signs 178432 13 ECKERT,ANN MARIE Program Fee Red Hat 178433 401 EDEN PRAIRIE BASEBALL ASSN Operating Supplies July 4th Celebration 178434 320 EF JOHNSON Equipment Parts Wireless Communication 178435 161 ELIASON,STEVE J Other Contracted Services Softball 178436 1,197 EMERGENCY APPARATUS MAINTENANC Equipment Repair&Maint Fire 178437 16,821 ENVIRONMENTAL PROCESS INC Building Repair&Maint. Capital Impr./Maint.Fund 178438 93 ESPRESSO MIDWEST INC Supplies-General Building City Center Operations 178439 815 ETHANOL PRODUCTS LLC Treatment Chemicals Water Treatment Plant 178440 113 ETICA FAIR TRADE Transportation Prairie Village Liquor Store 178441 641 FASTENAL COMPANY Repair&Maint. Supplies Water System Maintenance 178442 97 FERRELLGAS Equipment Parts Fleet Operating 178443 474 FIRE SAFETY USA INC Protective Clothing Fire 178444 880 FISHER SCIENTIFIC Lab Supplies Water Treatment Plant 178445 1,672 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance 178446 30,118 FORCE AMERICA Machinery&Equipment Reserve Fixed Assets 178447 1,042 G&K SERVICES-MPLS INDUSTRIAL Other Rentals Park Maintenance 178448 134 GARELICK STEEL CO INC Supplies-General Bldg Den Bldg.-CAM 178449 292 GETTMAN COMPANY Misc Taxable Prairie View Liquor Store 178450 64 GINA MARIAS INC Operating Supplies Reserves 178451 6,908 GRAINGER Small Tools Fire 178452 2,603 GRAPE BEGINNINGS Transportation Den Road Liquor Store 178453 16,145 GRAYMONT Treatment Chemicals Water Treatment Plant Check# Amount Vendor/Explanation Account Description Business Unit 178455 13,039 GRIGGS COOPER&CO Transportation Prairie View Liquor Store 178456 190 GS DIRECT Operating Supplies Engineering 178457 746 HALDEMANN HOMME INC Cleaning Supplies Community Center Maintenance 178458 2,320 HARMON INC. Contract Svcs-General Bldg City Hall-CAM 178459 30 HASSAN,FADUMO Deposits Escrow 178460 215 HAWK LABELING SYSTEMS Office Supplies Community Center Admin 178461 4,616 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Water System Maintenance 178462 46 HENNEPIN COUNTY PUBLIC RECORDS Other Contracted Services Engineering 178463 650 HENNEPIN COUNTY TREASURER Supplies-General Bldg Pool Maintenance 178464 4,600 HIGHWAY TECHNOLOGIES INC Repair&Maint. Supplies Infiltration/Inflow Study 178465 224 HORIZON COMMERCIAL POOL SUPPLY Supplies-General Bldg Pool Maintenance 178466 9,559 HOUSE OF PRINT Printing Community Brochure 178467 35 HOUSECALLS NETWORK Advertising Senior Center Administration 178468 2,241 HYDROLOGIC WATER MANAGEMENT Repair&Maint. Supplies Park Maintenance 178469 346 ICERINK SUPPLY CO Contract Svcs-Ice Rink Ice Arena Maintenance 178470 531 ICI DULUX PAINT CTRS Repair&Maint.Supplies Water Treatment Plant 178471 9 IDEXX DISTRIBUTION CORP Laboratory Chemicals Water Treatment Plant 178472 11,763 IND SCHOOL DIST 272 Gym Rental Volleyball 178473 219 ITALWINE IMPORTS&DISTRIBUTOR Wine Imported Den Road Liquor Store 178474 96 J H LARSON COMPANY Operating Supplies Park Maintenance 178475 77,615 JANSON,JAMES R Improvements to Land Park Acquisition&Development 178476 414 JENKINS,JOEL S Other Contracted Services Softball 178477 16,351 JJ TAYLOR DISTRIBUTING MINNESO Liquor Prairie View Liquor Store 178480 27,945 JOHNSON BROTHERS LIQUOR CO Transportation Den Road Liquor Store 178481 579 KEEPERS Clothing&Uniforms Fire 178482 2,056 KRAEMER MINING&MATERIALS INC Gravel Water System Maintenance 178483 156 KRAEMERS HARDWARE INC Supplies-General Bldg Community Center Maintenance 178484 738 LAB SAFETY SUPPLY INC Safety Supplies Utility Operations-General 178485 179 LANDS END CORPORATE SALES Clothing&Uniforms Police 178486 279 LEIFELD FRAMING Canine Supplies Police 178487 5,865 LEONARD J KOEHNEN&ASSOC Other Contracted Services Sprint/Nextel 178488 163 LESCO INC Repair&Maint. Supplies Storm Drainage 178489 8,659 LIFE INSURANCE COMPANY OF NORT Life Insurance EE/ER Health and Benefits 178490 700 MACPHERSON-TOWNE COMPANY Contract Svcs-General Bldg Park Shelters 178491 380 MACQUEEN EQUIPMENT INC Other Contracted Services Storm Drainage 178492 55,038 MARK J TRAUT WELLS INC Other Contracted Services Utility Improvement Fund 178493 13,547 MARK VII Beer Prairie View Liquor Store 178494 80 MARTINY,KEITH Wages No Benefits Elections 178495 1,499 MASTER SPRINKLER SYSTEMS Repair&Maint. Supplies Park Maintenance 178496 6,251 MCF-LINO LAKES Other Contracted Services Street Maintenance 178497 358 MENARDS Equipment Parts Fleet Operating 178498 108 MERLINS ACE HARDWARE Supplies-General Bldg Community Center Maintenance 178499 133 METRO FIRE Repair&Maint. Supplies Fire 178500 3,176 METRO SALES INCORPORATED* Other Rentals General 178501 2,521 METROPOLITAN FORD Equipment Repair&Maint Fleet Operating 178502 275 MEYER,BARBARA F Other Contracted Services International Festival 178503 5,193 MIDWEST ASPHALT CORPORATION Patching Asphalt Street Maintenance 178504 747 MIDWEST COCA COLA BOTTLING COM Misc Non-Taxable Prairie View Liquor Store 178505 755 MINNESOTA NATIVE LANDSCAPES Other Contracted Services Storm Drainage 178506 335 MINNESOTA STATE FIRE CHIEFS AS Conference Expense Fire 178507 285 MOBILE RADIO ENGINEERING INC Equipment Parts Wireless Communication 178508 158 MOTOROLA Equipment Repair&Maint Wireless Communication 178509 35 MPPOA Dues&Subscriptions Police 178510 517 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 178511 966 NEUMANN,NEAL Other Contracted Services Softball 178512 8,281 NEWMECH Contract Svcs-Ice Rink Ice Arena Maintenance 178513 110 NEXT DAY GOURMET Supplies-General Bldg Police City Center 178514 167 NORTH CENTRAL LABORATORIES Lab Supplies Water Treatment Plant 178515 269 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Operating 178516 117,069 NORTHWEST ASPHALT Improvements to Land Capital Impr./Maint.Fund 178517 312 NUCO2 INC Chemicals Pool Maintenance 178518 15 OLSEN COMPANIES Small Tools Sewer Liftstation 178519 2,573 OLSEN FIRE PROTECTION Contract Svcs-Fire/Life/Sfty City Hall-CAM Check# Amount Vendor/Explanation Account Description Business Unit 178520 15 OLSEN'S EMBROIDERY/COMPANY Clothing&Uniforms Fleet Operating 178522 1,191 OPPORTUNITY PARTNERS Janitor Service Outdoor Center Facilities 178523 305 OUTDOOR ENVIRONMENTS INC Other Contracted Services Park Maintenance 178524 1,285 OUTDOORS AGAIN INC Other Contracted Services Park Maintenance 178525 17,677 PARK CONSTRUCTION Improvement Contracts Utility Improvement Fund 178526 3,850 PARK NICOLLET CLINIC Other Contracted Services Organizational Services 178527 318 PARKER,WARD Conference Expense Fire 178528 2,600 PAUL'S TWO-WAY RADIO Other Contracted Services Sprint/Nextel 178529 3,766 PAUSTIS&SONS COMPANY Transportation Prairie View Liquor Store 178530 118 PELTIER,TIMOTHY Supplies-General Bldg Community Center Maintenance 178531 500 PENROSE,MELISSA Refunds Environmental Education 178532 3 PETSMART Canine Supplies Police 178534 1,043 PETTY CASH Mileage&Parking Special Events Administration 178535 190 PETTY CASH Supply-Woodshop Senior Board 178537 6,524 PHILLIPS WINE AND SPIRITS INC Wine Domestic Prairie View Liquor Store 178538 332 POMP'S TIRE SERVICE INC Tires Fleet Operating 178539 418 POWERPHONE INC Tuition Reimbursement/School Police 178540 8,255 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Senior Center 178541 222 PRAIRIE LAWN AND GARDEN Equipment Repair&Maint Fleet Operating 178542 54 PRINTERS SERVICE INC Contract Svcs-Ice Rink Ice Arena Maintenance 178543 847 PRIOR WINE COMPANY Transportation Prairie View Liquor Store 178544 799 PRISM Miscellaneous DWI Forfeiture 178545 359 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 178547 19,841 QUALITY WINE&SPIRITS CO Transportation Prairie View Liquor Store 178548 3,123 QWEST Telephone Prairie Village Liquor Store 178549 312 RAY,LEE Other Contracted Services Softball 178550 50 REAL TIME LEASING Inspection Fee Housing Inspections 178551 198 RECREATION SUPPLY CO Supplies-General Bldg Pool Maintenance 178552 6,974 REHRIG PACIFIC COMPANY Capital Under$10,000 Park Maintenance 178553 267 RELIAKOR SERVICES INC Contract Svcs-General Bldg Den Bldg.-CAM 178554 40 RIGHTWAY GLASS INC Equipment Repair&Maint Fleet Operating 178555 87 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating 178556 540 ROOT 0 MATIC Contract Svcs-Plumbing Garden Room Repairs 178557 14 RUMFORD,JOAN Program Fee Red Hat 178558 319 SEARS COMMERCIAL ONE Supplies-General Bldg Senior Center 178559 235 SENTRY SYSTEMS INC Contract Svcs-Security Arts Center Facilities 178560 63 SETON IDENTIFICATION PRODUCTS Supplies-General Bldg Historical Buildings 178561 647 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie View Liquor Store 178562 35,269 SHORT ELLIOTT HENDRICKSON INC Design&Engineering Construction Fund 178563 101 SHRED-IT Waste Disposal City Center Operations 178564 143 SNAP-ON TOOLS Small Tools Fleet Operating 178565 616 SOUTHWEST TRANSIT Other Contracted Services July 4th Celebration 178566 2,594 SPRINT Wireless Subscription IT Operating 178567 2,488 SPS COMPANIES Supplies-Plumbing Community Center Maintenance 178568 26 SRF CONSULTING GROUP INC Design&Engineering ADC PROJECT 178569 461 STATE SUPPLY COMPANY Supplies-Plumbing Community Center Maintenance 178570 280 STEVENS ENGINEERS Contract Svcs-Ice Rink Ice Arena Maintenance 178571 3,879 STREICHERS Clothing&Uniforms Police 178572 328 SUBURBAN CHEVROLET Equipment Repair&Maint Fleet Operating 178573 549 SUBURBAN TIRE WHOLESALE INC Tires Fleet Operating 178574 261 SUN NEWSPAPERS Dues&Subscriptions City Manager 178575 310 SUPERIOR STRIPING INC Contract Svcs-Asphalt/Concr. Community Center Maintenance 178576 442 SURLY BREWING CO Beer Prairie View Liquor Store 178577 16,121 THORPE DISTRIBUTING Misc Taxable Den Road Liquor Store 178578 483 THYSSENKRUPP ELEVATOR CORPORAT Contract Svcs-Elevator Community Center Maintenance 178579 2,836 TKDA Design&Engineering Utility Improvement Fund 178580 421 TRANSPORT GRAPHICS Repair&Maint. Supplies Fire 178581 185 TRI COUNTY BEVERAGE&SUPPLY Beer Prairie View Liquor Store 178582 1,145 TWIN CITY SEED CO Landscape Materials/Supp Park Maintenance 178583 531 UNLIMITED SUPPLIES INC Equipment Parts Fleet Operating 178584 69 UPS Postage Water Metering 178585 239 VALLEY NAT'L GASES-LOC 93 Repair&Maint. Supplies Water System Maintenance 178586 342 VINO SOURCE,THE Transportation Den Road Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit 178587 418 VISTAR CORPORATION Merchandise for Resale Concessions 178588 198 VWR INTERNATIONAL INC Lab Supplies Water Treatment Plant 178589 735 WALL TRENDS INC Other Contracted Services City Hall-CAM 178590 668 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 178591 63 WERTS,SANDY Mileage&Parking Special Events Administration 178592 12 WEYANDT,RUTH ANN Program Fee Classes/Programs/Events 178593 1,426 WINE COMPANY,THE Transportation Den Road Liquor Store 178595 4,673 WINE MERCHANTS INC Transportation Den Road Liquor Store 178596 3,012 WORK CONNECTION,THE Other Contracted Services Park Maintenance 178597 389 WORLD CLASS WINES INC Transportation Den Road Liquor Store 178598 60 XCEL ENERGY Electric Emergency Preparedness 178599 5,601 YALE MECHANICAL INC Contract Svcs-HVAC City Hall-CAM 178600 1,677 YOCUM OIL COMPANY INC Operating Supplies Utility Operations-General 178601 247 BACHMAN PRINTING General 494 Corridor Commission 178602 72 COMCAST General 494 Corridor Commission 178603 44 CULLIGAN BOTTLED WATER General 494 Corridor Commission 178604 125 EDEN PRAIRIE CHAMBER OF COMMER General 494 Corridor Commission 178605 1,052 EXPRESS PERSONNEL SERVICES General 494 Corridor Commission 178606 174 FEDEX KINKO'S OFFICE AND PRINT General 494 Corridor Commission 178607 575 INDEPENDENT SCHOOL DISTRICT NO General 494 Corridor Commission 178608 20 INTERNET EXPOSURE INC General 494 Corridor Commission 178609 75 LITTLE TRANSPORT PRESS General 494 Corridor Commission 178610 608 MADISON,MELISSA General 494 Corridor Commission 178611 157 MEREDITH KATE General 494 Corridor Commission 178612 1,500 MESSERLI&KRAMER General 494 Corridor Commission 178613 13,259 MINNEAPOLIS DOWNTOWN COUNCIL General 494 Corridor Commission 178614 113 NELSON,ROBIN General 494 Corridor Commission 178615 3,026 SOLUTION BUILDERS General 494 Corridor Commission 178616 2,580 TEMPFORCE General 494 Corridor Commission 178617 181 VERIZON WIRELESS General 494 Corridor Commission 178618 810 WELLS FARGO BANK General 494 Corridor Commission 178619 1,445 WELLS FARGO BANK General 494 Corridor Commission 178620 194 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning 178621 8,589 HOPKINS CARPET ONE Other Contracted Services Rehab 178622 759 LAMETTRYS COLLISION Capital Under$10,000 Fire 178623 1,162 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 178624 153,751 MOTOROLA Other Assets CIP-Bonds 178625 120 MTGF Conference Expense Park Maintenance 178626 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage General 178627 114,457 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits 178628 226 SINELL, STEVE Travel Expense Assessing 178629 1,189 TOTAL RENTAL Other Rentals International Festival 178630 225 UNIVERSITY OF MINNESOTA Conference Expense Storm Drainage 2,165,902 Grand Total City of Eden Prairie US Bank Purchasing Cards 7/20/2008 Payment Check# Amount Vendor Account Description Business Unit 3160 -44 ADVANCED SAFETY PRODUCTS Sales Tax Payable General Fund 727 ADVANCED SAFETY PRODUCTS Tuition Reimbursement/School Fire 35 AMERICAN RED CROSS Operating Supplies Pool Operations -22 AMERICAN WATER WORKS ASSOCIATI Training Supplies Utility Operations-General -38 AMERICAN WATER WORKS ASSOCIATI Sales Tax Payable Water Enterprise Fund 619 AMERICAN WATER WORKS ASSOCIATI Training Supplies Utility Operations-General 75 AMERICAN WATER WORKS ASSOCIATI Training Supplies Utility Operations-General -23 AMERICAN WATER WORKS ASSOCIATI Sales Tax Payable Water Enterprise Fund 370 AMERICAN WATER WORKS ASSOCIATI Training Supplies Utility Operations-General 180 ASTD Dues&Subscriptions Human Resources 150 ATOM Tuition Reimbursement/School Police 500 ATOM Tuition Reimbursement/School Police 61 AUTISM RESOURCE NETWORK Operating Supplies Playgrounds 83 AUTISM RESOURCE NETWORK Recreation Supplies Accessibility 93 BACHMANS CREDIT DEPT Operating Supplies Police 43 BAKER'S PLAYS Operating Supplies Arts Initiative 102 BAKERS'RIBS Miscellaneous Police 256 BAKERS'RIBS Operating Supplies Parks Administration 30 BARNES&NOBLE Conference Expense Community Development Admin. 61 BEISSWENGER'S DO IT BEST HDWE Operating Supplies Park Maintenance 67 BEST BUY Repair&Maint. Supplies Water Metering 62 BRUEGGERS BAGEL Operating Supplies Safety Camp 63 BUNKER BEACH WATER PARK Special Event Fees Teen Work Program 125 CARIBOU COFFEE Operating Supplies Safety Camp 361 CARLSON WAGONLIT TRAVEL Tuition Reimbursement/School Police 100 CENEX CONVENIENCE STORE Operating Supplies Outdoor Center 36 CENTENNIAL LAKES PARK Special Event Fees Around Town 764 CHANHASSEN DINNER THEATRE Program Fee Trips 15 CHIPOTLE Repair&Maint. Supplies Water System Maintenance 202 CLOVER SUPER FOODS Merchandise for Resale Concessions 83 CRUMB GOURMET DELI Merchandise for Resale Concessions 63 CRUMB GOURMET DELI Merchandise for Resale Concessions 47 CRUMB GOURMET DELI Merchandise for Resale Concessions 31 CRUMB GOURMET DELI Merchandise for Resale Concessions 47 CRUMB GOURMET DELI Merchandise for Resale Concessions 35 CRUMB GOURMET DELI Merchandise for Resale Concessions 68 CRUMB GOURMET DELI Merchandise for Resale Concessions 206 CRUMB GOURMET DELI Miscellaneous Arts Center 29 CUB FOODS EDEN PRAIRIE Training Supplies Organizational Services 102 CUB FOODS EDEN PRAIRIE Operating Supplies Outdoor Center 6 CUB FOODS EDEN PRAIRIE Operating Supplies Playgrounds 18 CUB FOODS EDEN PRAIRIE Operating Supplies Playgrounds 20 CUB FOODS EDEN PRAIRIE Operating Supplies Pool Lessons -36 CYCLONAIRE Sales Tax Payable Water Enterprise Fund 591 CYCLONAIRE Equipment Repair&Maint Water Treatment Plant 114 D BRIAN'S DELI&CATERING Operating Supplies Fire 238 D BRIAN'S DELI&CATERING Operating Supplies Fire 73 D BRIAN'S DELI&CATERING Miscellaneous Police 64 D BRIAN'S DELI&CATERING Miscellaneous Police 11 DAIRY QUEEN Operating Supplies Therapeutic Rec Administration 95 DAVANNI'S PIZZA Training Supplies Organizational Services 42 DAVANNI'S PIZZA Training Supplies Organizational Services 567 DAVANNI'S PIZZA Operating Supplies Safety Camp 57 DAVANNI'S PIZZA Operating Supplies Teen Programs 30 DAY-TIMER Operating Supplies Community Development Admin. 6,938 DEPT OF LABOR&INDUSTRY Building Surcharge General Fund 713 DEPT OF LABOR&INDUSTRY Mechanical Surcharge General Fund 440 DEPT OF LABOR&INDUSTRY Plumbing Surcharge General Fund Check# Amount Vendor Account Description Business Unit -162 DEPT OF LABOR&INDUSTRY Other Revenue General Fund 128 DISCOUNT SCHOOL SUPPLY Recreation Supplies Playgrounds 128 DISCOUNT SCHOOL SUPPLY Recreation Supplies Day Camp 7 DOLLAR TREE STORES,INC. Operating Supplies Recreation Administration 40 DOLLAR TREE STORES,INC. Operating Supplies Recreation Administration 8 DONUT CONNECTION Operating Supplies Playgrounds 536 DWYER INSTRUMENTS,INC Equipment Repair&Maint Water Treatment Plant 25 EDEN PRAIRIE CHAMBER OF COMMER Other Contracted Services Economic Development 507 EXPEDIA Travel Expense Fire 507 EXPEDIA Travel Expense Fire 14 EXPEDIA Travel Expense Fire 14 EXPEDIA Travel Expense Fire 100 FAIR'S NURSERY Operating Supplies Police -100 FAIR'S NURSERY Operating Supplies Police 100 FAIR'S NURSERY Operating Supplies Police 200 FIREHOUSE MAGAZINE Dues&Subscriptions Fire 263 GRAND SLAM SPORTS&ENTERTAINM Special Event Fees Teen Work Program -6 HCMC-EMS EDUCATION Sales Tax Payable General Fund 91 HCMC-EMS EDUCATION Tuition Reimbursement/School Fire 6 HOLIDAY STATION STORES INC Repair&Maint. Supplies Sewer Liftstation 15 HOME DEPOT CREDIT SERVICES Repair&Maint. Supplies Water System Maintenance 22 HOME DEPOT CREDIT SERVICES Small Tools Fire 116 HOME DEPOT CREDIT SERVICES Chemicals Park Maintenance 112 HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 70 HOME DEPOT CREDIT SERVICES Operating Supplies Playgrounds 80 HOME DEPOT CREDIT SERVICES Operating Supplies Safety Camp 129 HOME DEPOT CREDIT SERVICES Operating Supplies Youth Programs Administration 75 ISFSI Dues&Subscriptions Fire 30 JAKE'S CITY GRILL Miscellaneous Community Development Admin. 26 JO-ANN FABRICS Operating Supplies Pool Lessons -35 KC SUPPLY Sales Tax Payable Water Enterprise Fund 570 KC SUPPLY Equipment Repair&Maint Water Treatment Plant 16 KOWALSKI'S MARKET Merchandise for Resale Concessions 11 KOWALSKI'S MARKET Operating Supplies Tennis 5 KOWALSKI'S MARKET Operating Supplies Wet and Wild 29 KOWALSKI'S MARKET Operating Supplies Pool Lessons 65 KRAEMERS HARDWARE INC Operating Supplies Park Maintenance 32 KRAEMERS HARDWARE INC Operating Supplies Park Maintenance 189 LADY OF THE LAKE,INC Program Fee Red Hat 18 LADY OF THE LAKE,INC Program Fee Red Hat 286 MANOR MOTEL Operating Supplies Outdoor Center 26 MAPLE GROVE PARKS&RECREATION Special Event Fees Wet and Wild 85 MA'S LITTLE RED BARN Operating Supplies Police 77 MENARDS Operating Supplies Park Maintenance 21 MENARDS Operating Supplies Park Maintenance 117 MENARDS Building Repair&Maint. Park Maintenance 46 MENARDS Repair&Maint. Supplies Water System Maintenance 4 MENARDS Repair&Maint. Supplies Storm Drainage 58 MENARDS Repair&Maint. Supplies Water System Maintenance 21 MENARDS Small Tools Sewer System Maintenance 46 MENARDS Small Tools Storm Drainage 149 MENARDS Repair&Maint. Supplies Water System Maintenance 16 MENARDS Repair&Maint. Supplies Park Maintenance 28 MENARDS Repair&Maint. Supplies Park Maintenance 15 MENARDS Repair&Maint. Supplies Park Maintenance 106 MENARDS Repair&Maint. Supplies Park Maintenance 19 MENARDS Repair&Maint. Supplies Park Maintenance 12 MENARDS Repair&Maint. Supplies Park Maintenance 14 MENARDS Repair&Maint. Supplies Park Maintenance 46 MENARDS Repair&Maint. Supplies Park Maintenance 113 MENARDS Operating Supplies Park Maintenance 296 MENARDS Operating Supplies Park Maintenance Check# Amount Vendor Account Description Business Unit 64 MENARDS Operating Supplies Park Maintenance 34 MENARDS Operating Supplies Street Maintenance 111 MENARDS Repair&Maint. Supplies Storm Drainage 138 MENARDS Building Materials Park Maintenance 135 MENARDS Building Materials Park Maintenance 14 MENARDS Operating Supplies Park Maintenance 52 MENARDS Operating Supplies Park Maintenance 8 MENARDS Operating Supplies Park Maintenance 8 MENARDS Operating Supplies Park Maintenance 23 MENARDS Operating Supplies Park Maintenance 46 MENARDS Building Materials Park Maintenance 11 MENARDS Operating Supplies Park Maintenance 38 MICHAELS-THE ARTS&CRAFTS S Operating Supplies Safety Camp 72 MICHAELS-THE ARTS&CRAFTS S Operating Supplies Day Camp 139 MILIO'S SANDWICHES Miscellaneous City Council 75 MILLS FLEET FARM Small Tools Fire 70 NEIGHBORHOOD HOUSE Miscellaneous Housing and Community Service 2,070 NEXT DAY GOURMET Capital under$10,000 Concessions -107 NEXT DAY GOURMET Capital under$10,000 Concessions 11 OFFICE DEPOT CREDIT PLAN Mudjacking Curbs Water Treatment Plant 155 OFFICE DEPOT CREDIT PLAN Operating Supplies Community Center Admin 159 OFFICEMAX CREDIT PLAN Operating Supplies Ice Arena 74 OFFICEMAX CREDIT PLAN Operating Supplies Community Center Admin 7 ORBITZ Conference Expense IT Operating 770 ORBITZ Conference Expense IT Operating -4 PAPER DIRECT INC Sales Tax Payable General Fund 63 PAPER DIRECT INC Operating Supplies July 4th Celebration 79 PARTY AMERICA Operating Supplies Recreation Administration 7 PARTY AMERICA Operating Supplies Parks Administration 32 PARTY AMERICA Operating Supplies Fitness Classes 54 PAYPAL INC Software Maintenance IT Operating -4 PETEDGE Sales Tax Payable General Fund 71 PETEDGE Canine Supplies Police 100 PLYMOUTH PLAYHOUSE Program Fee Trips 1,071 POWER SYSTEMS Operating Supplies Fitness Classes 96 RADIOSHACK Other Hardware IT Operating -4 RANGER JOE'S INTERNATIONAL Sales Tax Payable General Fund 69 RANGER JOE'S INTERNATIONAL Training Supplies Police 34 RED MOON CHINESE CAFE Miscellaneous City Manager 45 RUBY TUESDAY Miscellaneous Arts Center 26 SIR KNIGHT CLEANERS Operating Supplies Fire 215 SPORTS WORLD USA INC Merchandise for Resale Concessions 284 SUPER 8 Tuition Reimbursement/School Police 100 SUPER 8 Tuition Reimbursement/School Police 188 SUPER 8 Tuition Reimbursement/School Police -284 SUPER 8 Tuition Reimbursement/School Police -100 SUPER 8 Tuition Reimbursement/School Police 100 SUPER 8 Tuition Reimbursement/School Police 13 TARGET Miscellaneous Housing and Community Service 57 TARGET Operating Supplies Concessions 6 TARGET Operating Supplies Teen Programs 49 THINKRC.COM Operating Supplies Outdoor Center 9 TIGER TECHNOLOGIES Software Information Technology 7 TRAVELOCITY.COM Travel Expense Economic Development 239 TRAVELOCITY.COM Travel Expense Economic Development 7 TURNSTYLE Operating Supplies Recreation Administration 965 ULI-THE URBAN LAND INSTITUTE Conference Expense Economic Development 6 UNITED STATES POSTAL SERVICE Postage Water System Maintenance 262 URBAN LAND INSTITUTE Miscellaneous Assessing 585 USA BLUEBOOK Equipment Repair&Maint Water Treatment Plant 26 WALGREEN'S#5080 Video&Photo Supplies Communications 65 WALMART COMMUNITY Merchandise for Resale Concessions Check# Amount Vendor Account Description Business Unit 11 WALMART COMMUNITY Operating Supplies Wet and Wild 90 WALMART COMMUNITY Operating Supplies Playgrounds 5 WALMART COMMUNITY Operating Supplies Playgrounds 100 WALMART COMMUNITY Operating Supplies Safety Camp 32 WALMART COMMUNITY Operating Supplies Playgrounds 18 WALMART COMMUNITY Operating Supplies Playgrounds 70 WALMART COMMUNITY Operating Supplies Day Camp 70 WALMART COMMUNITY Operating Supplies Playgrounds 64 WALMART COMMUNITY Operating Supplies Day Camp 30 WALMART COMMUNITY Operating Supplies Playgrounds 27 WALMART COMMUNITY Operating Supplies Around Town 6 WALMART COMMUNITY Operating Supplies Day Camp 11 WALMART COMMUNITY Operating Supplies Day Camp 8 WALMART COMMUNITY Operating Supplies Fitness Classes 295 WESCO DISTRIBUTION Building Repair&Maint. Water Wells 200 WILDFIRE Operating Supplies Fire 66 WILDFIRE Miscellaneous City Manager 704 WILDFIRE Operating Supplies Police -240 WP-VISUALISE Deposits Escrow 31,602 Total CITY COUNCIL AGENDA DATE: SECTION: Ordinances and Resolutions September 16, 2008 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XI.A. Ric Rosow, City Attorney First Reading of Ordinance Amending City Code Chapter 2.22 Relating to Terms of Appointment for City Commissions Requested Action Move to: Approve first reading of an Ordinance amending City Code Section 2.22 relating to Budget Advisory Commission terms. Synopsis City Code Section 2.22 deals with the "Terms of Appointment" for City Commissions. This section of the code has been amended so that all current Budget Advisory Commission terms end on December 31, 2008, and new terms begin on January 1, 2009. For terms starting January 1, 2009, the Council shall appoint four members to four-year terms ending December 31, 2012, and three members to two-year terms, ending December 31, 2010. Thereafter, following expiration of the three (3)terms ending December 31, 2010, the term of such positions shall be four(4)years. For the terms that commence on January 1, they shall continue for the terms appointed and until the member's successor has been appointed and qualified. The Council may, but need not, appoint a person for the unexpired position of the term of a member whose membership has become vacant. No person may be appointed to more than two full consecutive terms, except by unanimous vote of the Council. Attachments Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. -08 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE SECTION 2.22 TO EXPIRE ALL TERMS ON THE BUDGET ADVISORY COMMISSION ON DECEMBER 31, 2008, ESTABLISH NEW STAGGERED TERMS FOR MEMBERS OF THE BUDGET ADVISORY COMMISSION AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 2.99, WHICH AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Section 2.22, Subd. 3 entitled, "Terms of Appointment" is amended as follows: a.). Add to the beginning of the first sentence the words "Except for the Budget Advisory Commission," and change the word"the"to lower case. b.) Add to the end of Section 2.22, Subd. 3 the following: The terms of members of all members of the Budget Advisory Commission shall expire December 31, 2008. Thereafter all terms shall commence on January 1 and shall continue for the terms appointed and until the member's successor has been appointed and qualified. For the term starting January 1, 2009 the Council shall appoint four (4) members to a four (4) year term ending December 31, 2012 and three (3) members to a two (2) year term ending December 31, 2010. Thereafter, following expiration of the three (3) terms ending December 31, 2010, the term of such positions shall be four (4) years. The Council may, but need not appoint a person for the unexpired position of the term of a member whose membership has become vacant. No person may be appointed to more than two (2) full consecutive terms, except by unanimous vote of the Council. Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City code Including Penalty for Violations" and Section 2.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 16th day of September, 2008, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 7th day of October, 2008. City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of , 2008 Section 2.22 Budget Advisory Commission 2008 09 05 CITY COUNCIL AGENDA DATE: September 16, 2008 SECTION: Reports of the Public Works Director SERVICE AREA/DIVISION: ITEM DESCRIPTION: Resolution to ITEM NO.: XIV.E.1. Public Works Department authorize offers to acquire Property for Eugene Dietz Singletree Lane Improvements Requested Action Move to: Adopt Resolution Authorizing the Director of Public Works to extend offers to Bremer Bank and Knowledge Learning Corporation (KinderCare) for acquisition of property including temporary easements for the improvement of Singletree Lane and further authorize the Director of Public Works and the City Attorney to commence eminent domain proceedings if the property interests cannot be acquired through negotiation. Synopsis The City is proceeding with plans for the improvement of Singletree Lane. The acquisition of property from Bremer Bank and Knowledge Learning Corporation is necessary in order to construct the improvements. Background Information In the Windsor Plaza Development Agreement, the Developer agreed to pay the cost to improve Singletree Lane and further agreed to dedicate right-of-way from its property for the widening of Singletree Lane. The City is to acquire the right-of-way necessary on the other side of Singletree Lane. This action requests the Council's authorization to offer Knowledge Learning Corporation the sum of$170,000 for fee and easement acquisition and the sum of$11,000 to Bremer Bank for fee and easement acquisition. Further if the property cannot be acquired through the negotiation process, the Council is requested to authorize acquisition pursuant to the exercise of the power of eminent domain. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 08- A RESOLUTION AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY BY NEGOTIATION OR EMINENT DOMAIN PROCEEDINGS. WHEREAS, the City Council desires to acquire property from Knowledge Learning Corporation and Bremer Bank for the improvement of Singletree Lane as described and set forth on plans on file in the office of the Director of Public Works (the "Property") by negotiation or eminent domain proceedings; and WHEREAS, the City has obtained appraisals of the Property in connection with the proposed acquisition; and WHEREAS, the Director of Public Works request authorization to extend an offer to Knowledge Learning Corporation in the amount of$170,000 and Bremer Bank in the amount of $11,000 for acquisition of the Property; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA AS FOLLOWS: 1. The City Council hereby authorizes the Director of Public Works to offer to Knowledge Learning Corporation the amount of $170,000 and to offer to Bremer Bank the amount of$11,000, for Property. 2. In the event the Property cannot be acquired by negotiation the Director of Public Works and the City Attorney are hereby authorized to acquire the Property through eminent domain proceedings. 3. If the Property is able to be acquired through negotiation the Director of Public Works City shall present to the City Council for approval the terms of purchase of the Property. ADOPTED by the City Council of the City of Eden Prairie this 16th day of September 2008. Phil Young, Mayor ATTEST: Kathleen A. Porta, City Clerk