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HomeMy WebLinkAboutCity Council - 06/16/2009 AGENDA CITY COUNCIL WORKSHOP TUESDAY,JUNE 16, 2009 CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Ron Case, Jon Duckstad, and Kathy Nelson CITY STAFF: City Manager Scott Neal, City Attorney Mark Johnson Note: The Closed Session of the City Council will be hellil MP the time normally set aside for Open Podium. lir Miller Park I. RIBBON CUTTING AT MILLER PARK BARRIER FREE PLAYGROUND (5:45 p.m.) City Center II. CLOSED SESSION OF THE CITY COUNCIL (6:30 p.m.) A. ATTORNEY CLIENT DISCUSSION OF PROPOSED SETTLEMENT OF PENDING CLAIMS RELATING TO CONSTRUCTION OF FIRE STATION #4 B. ATTORNEY CLIENT DISCUSSION OF LITIGATION AND SETTLEMENT STRATEGY IN EMINENT DOMAIN CASE: CITY OF EDEN PRAIRIE, PETITIONER VS KC PROPCO, LLC (KINDERCARE SITE) III. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, JUNE 16, 2009 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Jon Duckstad, Kathy Nelson, and Ron Case 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. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. RECOGNITION OF NEW CERT VOLUNTEERS B. CHINA TRIP PRESENTATION V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY, MAY 5, 2009 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. PARKS, RECREATION & NATURAL RESOURCES COMMISSION B. SENIOR CENTER OPERATIONS OVERVIEW& RECOMMENDATIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVE CONTRACT WITH HTPO FOR REDESIGN OF THE STARING LAKE PARK EAST ENTRY, BALLFIELD RECONSTRUCTION & PARKING LOT ADJACENT TO CUMMINS GRILL HOMESTEAD C. APPROVE COOPERATIVE AGREEMENT WITH CITY OF CHANHASSEN FOR DELL ROAD MILL AND OVERLAY PROJECT D. ADOPT RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDER ADVERTISEMENT FOR BIDS FOR FLYING CLOUD DRIVE TRAIL IMPROVEMENTS CITY COUNCIL AGENDA June 16, 2009 Page 2 E. APPROVE ANNUAL REPORT FOR THE PHASE II NPDES STORM WATER PERMIT PROGRAM F. APPROVE ELECTION EQUIPMENT CONTRACT BETWEEN HENNEPIN COUNTY, CITY OF EDEN PRAIRIE AND SCHOOL DISTRICT 272 G. ADOPT RESOLUTION DECLARING PROPERTY AS ABANDONED PROPERTY H. APPROVE NEILL LAKE BERM STUDY I. APPROVE AGREEMENT WITH SEH FOR DESIGN ANALYSIS AND PREPARATION OF PLANS AND SPECIFICATIONS FOR LOWER RILEY CREEK STABILIZATION AND EROSION RESTORATION J. APPROVE FIRE RELIEF ASSOCIATION BYLAW CHANGE IX. PUBLIC HEARINGS/MEETINGS A. VACATION OF EASEMENTS FOR LOT 12, BLOCK 4, HILLCREST COURTS 2ND ADDITION (RESOLUTION) B. T-MOBILE CELLULAR TOWER-EP HIGH SCHOOL by T-Mobile Central LLC. Request for Site Plan Review on 67.33 acres. Location: 17185 Valley View Road. (Resolution for Site Plan Review) C. THE RIDGE AT RILEY CREEK 3RD ADDITION by A.J. Rouse, LLC. Request for Planned Unit Development Concept Review on 3.4 acres, Planned Unit Development District Review with waivers on 3.4 acres, Zoning District Amendment within the R1-13.5 Zoning District on 3.4 acres and Preliminary Plat of 3.4 acres into two single family lots, one outlot and road right of way. Location: 9820 Sky Lane. (Resolution for PUD Concept Review,Resolution for Preliminary Plat) D. PRECIOUS METALS DEALER'S LICENSE APPLICATION X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTION 9.07, RELATING TO DANGEROUS DOGS AND DESTRUCTION OF DOGS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. STUDENTS ON COMMISSIONS CITY COUNCIL AGENDA June 16, 2009 Page 3 XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Southwest LRT Alignment Update—Council Member Nelson B. REPORTS OF CITY MANAGER 1. City Attorney RFP Process 2. Status Report on 2009 Capital Improvement Projects and Expenditures C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR 1. Riverview Road Repair Options F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ANNOTATED AGENDA DATE: June 12, 2009 TO: Mayor and City Council FROM: Scott Neal, City Manager RE: City Council Meeting for Tuesday, June 16, 2009 TUESDAY, JUNE 16, 2009 7:00 PM, COUNCIL CHAMBER I. ROLL CALL/ CALL THE MEETING TO ORDER II. COLOR GUARD /PLEDGE OF ALLEGIANCE 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. RECOGNITION OF NEW CERT VOLUNTEERS Synopsis: Fire staff will read short bios and present certificates to the new CERT members. Mayor Young will assist with presentation of the certificates and join the group for a photo at the completion of the presentations. B. CHINA TRIP PRESENTATION Synopsis: Economic Development Director will report on the trip he and Mayor Young made to China this spring with the Eden Prairie Chamber of Commerce. VI. MINUTES MOTION: Move to approve the following City Council minutes: A. CITY COUNCIL MEETING HELD TUESDAY, MAY 5, 2009 ANNOTATED AGENDA June 16, 2009 Page 2 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. PARKS, RECREATION & NATURAL RESOURCES COMMISSION Synopsis: Parks, Recreation and Natural Resources Commission Chair Geri Napuck will attend the meeting to present an overview of the commission's recent activities. B. SENIOR CENTER OPERATIONS OVERVIEW & RECOMMENDATIONS Synopsis: The Budget Advisory Commission recommended that the City Council examine closing the Senior Center and merging programs into the Community Center. At the May 5, 2009 City Council meeting, the Council directed staff to prepare an overview of the Senior Center operation and to report back to the City Council. Parks and Recreation Director Jay Lotthammer will give an overview of the operation along with recommendations from the Parks, Recreation and Natural Resources Commission and the Senior Advisory Council. (Additional background detail is available in the attached cover memo.) VIII. CONSENT CALENDAR MOTION: Move approval of items A-J on the Consent Calendar. A. CLERK'S LICENSE LIST B. APPROVE CONTRACT WITH HTPO FOR REDESIGN OF THE STARING LAKE PARK EAST ENTRY, BALLFIELD RECONSTRUCTION & PARKING LOT ADJACENT TO CUMMINS GRILL HOMESTEAD C. APPROVE COOPERATIVE AGREEMENT WITH CITY OF CHANHASSEN FOR DELL ROAD MILL AND OVERLAY PROJECT D. ADOPT RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDER ADVERTISEMENT FOR BIDS FOR FLYING CLOUD DRIVE TRAIL IMPROVEMENTS E. APPROVE ANNUAL REPORT FOR THE PHASE II NPDES STORM WATER PERMIT PROGRAM F. APPROVE ELECTION EQUIPMENT CONTRACT BETWEEN HENNEPIN COUNTY, CITY OF EDEN PRAIRIE AND SCHOOL DISTRICT 272 G. ADOPT RESOLUTION DECLARING PROPERTY AS ABANDONED PROPERTY H. APPROVE NEILL LAKE BERM STUDY ANNOTATED AGENDA June 16, 2009 Page 3 I. APPROVE AGREEMENT WITH SEH FOR DESIGN ANALYSIS AND PREPARATION OF PLANS AND SPECIFICATIONS FOR LOWER RILEY CREEK STABILIZATION AND EROSION RESTORATION J. APPROVE FIRE RELIEF ASSOCIATION BYLAW CHANGES IX. PUBLIC HEARINGS/MEETINGS A. VACATION OF EASEMENTS FOR LOT 12, BLOCK 4, HILLCREST COURTS 2ND ADDITION (RESOLUTION) Official notice of this public hearing was published in the May 28, 2009,Eden Prairie News and send to six property owners. Synopsis: The Property Owners have requested the vacation of a portion of the Drainage and Utility easements to correct easement encroachment of their driveway. The driveway still meets the zoning requirements of at least 3 feet from the side lot line so there is no variance required. MOTION: Move to: • Close the public hearing; and • Adopt the resolution vacating a portion of the Drainage and Utility Easements lying over, under and across Lot 12, Block 4, Hillcrest Courts 2nd Addition, according to the recorded plat thereof, Hennepin County, Minnesota. B. T-MOBILE CELLULAR TOWER-EP HIGH SCHOOL by T-Mobile Central LLC. Request for Site Plan Review on 67.33 acres. Location: 17185 Valley View Road. Contact Steve Carlson. (Resolution for Site Plan Review) Official notice of this public hearing was re-published in the June 4, 2009,Eden Prairie News and re-sent to 146 property owners. Synopsis: A proposed 120-foot T-Mobile cellular tower will replace an existing 100- foot light pole on the northeast side of the Eden Prairie High School football field. The light fixture will be reestablished on a new monopole at the 100-foot height with the cellular antennas placed above. The purpose of the site plan review is for a cellular tower greater than 80 feet tall. This public hearing was started over due to an error in mailing the public hearing notices for the Planning Commission at its April 27th meeting. City code states that"a tower's setback may be reduced at the sole discretion of the City Council, to allow the integration of a tower into an existing or proposed structure such as a Place of Worship steeple, light standard, power line support device or similar structure. Integration may include replication of the existing or proposed structure by a new structure provided the new structure is substantially similar in ANNOTATED AGENDA June 16, 2009 Page 4 design and color to the exiting or proposed structure and extends no more than 20 feet above the highest point of the existing or proposed structure". (Emphasis added). The setback to residential property normally requires four feet of setback for each foot of tower height for a total setback of 480 feet in this case. Integration of the tower is accomplished by replicating the existing light standard using a similar self-weathering brown core-ten steel monopole. The added load of both antenna and lighting fixture will require a three foot base diameter monopole rather than the two foot base diameter used for the existing lighting monopoles. The developer seeks the City Council's support for a proposed 205-foot setback. Staff alternatives for consideration include: 1). Moving the integrated tower to the southwest side of the football field providing a setback of 450 feet from the residents more in line with code for non-integrated towers. 2). Locating a new independent cell tower resulting in an additional structure within the area already with a number of taller structures. All options meet the intent of City code. The developer's option integrates the cellular tower with the existing lighting standards on the northeast side of the football field, which best addresses T-Mobile's goal of improvement to its cellular coverage serving the adjacent residential areas. A standard FAA review will need to determine if the tower is considered an obstruction. No building permit will be issued until the FAA determination is completed. The 120-Day Review Period Expires on August 4, 2009. MOTION: Move to: • Close the Public Hearing; and • Adopt the Resolution for Site Plan Review on 67.33 acres C. THE RIDGE AT RILEY CREEK 3RD ADDITION by A.J. Rouse, LLC. Request for Planned Unit Development Concept Review on 3.4 acres, Planned Unit Development District Review with waivers on 3.4 acres, Zoning District Amendment within the R1-13.5 Zoning District on 3.4 acres and Preliminary Plat of 3.4 acres into two single family lots, one outlot and road right of way. Location: 9820 Sky Lane. Official notice of this public hearing was published in the June 4, 2009,Eden Prairie News and send to 15 property owners. Synopsis: This is for a two lot single-family development. The plan will require a front yard setback waiver from 59 feet to 30 feet. When 40% or more of a block is developed the required setback shall be equal to or greater than the average setback of the principle structure on either side. The existing house is setback 88 feet and a 30 foot setback is permitted for the vacant lot to the north. The waiver allows more of the existing trees in the rear yard to be preserved. The 120-Day Review Period Expires on August 18, 2009. The Planning Commission voted 6-0 to recommend approval of the project at the May 11, 2009 meeting. (Resolution for PUD Concept Review,Resolution for Preliminary Plat) ANNOTATED AGENDA June 16, 2009 Page 5 Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 3.4 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Amendment from R1-13.5 on 3.4 acres; and • Adopt the Resolution for Preliminary Plat on 3.4 acres into 2 lots, one outlot and road right of way; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. D. PRECIOUS METALS DEALER'S LICENSE APPLICATION Official notice of this public hearing was published in the June 4, 2009,Eden Prairie News and send to 15 property owners. Synopsis: Wedding Day Diamonds, located at 8320 Crystal View Lane, has applied for a Precious Metal Dealer's License. A public hearing for the issuance of a Precious Metal Dealer's license is required by City Code Section 5.71, Subd. 10. Notice of the public hearing was published in the June 4, 2009 Eden Prairie News and mailed to 15 property owners. A precious metal dealer is defined as any person engaging in the business of buying secondhand items containing precious metal, including,but not limited to,jewelry, watches, eating utensils, candlesticks, and religious and decorative objects. The Police Department has completed background investigations on the owners and business and recommends approval of this license. MOTION: Move to: • Close the Public Hearing; and • Approve the Precious Metal Dealer's License for Marquis Jewelers, Inc, DBA: Wedding Day Diamonds. 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 AN ORDINANCE AMENDING CITY CODE SECTION 9.07, RELATING TO DANGEROUS DOGS AND DESTRUCTION OF DOGS Synopsis: A change in MN Statutes necessitated minor revisions to the City Code specifically with respect to the opportunity of a hearing in the designation of a dangerous or potentially dangerous dog. This ordinance reflects the changes in state law. ANNOTATED AGENDA June 16, 2009 Page 6 MOTION: Move to approve the First Reading of an Ordinance amending City Code Section 9.07, Relating to Dangerous Dogs and Destruction of Dogs. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. STUDENTS ON COMMISSIONS Synopsis: We received 15 applications for the 2009-2010 Students on Commission program. Commission Staff Liaisons met to review and discuss the applications. The attached appointment recommendations are based on the students' stated Commission preferences and the quality of their applications. All 15 student applicants are being recommended for appointment. The Fall Students on Commission term is from September 2009 through December 2009. The Winter/Spring term is from January 2010 through April 2010. An orientation session will be held during the late summer. MOTIONS: • Move to: Appoint to the Arts & Culture Commission: Eric Wiig and Renee Roden for the Fall term; and • Move to: Appoint to the Conservation Commission: Gretchen Askew for the Fall and Winter/Spring terms; Julia Wang and Michelle Wu for the Fall term; and Stephanie Korman for the Winter/Spring term; and • Move to: Appoint to the Flying Cloud Airport Advisory Commission: Mehta Tahnay and Sam Clark for the Fall term; and • Move to: Appoint to the Heritage Preservation Commission: Alexis Smith for the Fall Term; and • Move to: Appoint to the Human Rights and Diversity Commission: Adam Liter for the Fall and Winter/Spring terms; Muna Shire and Ali Fardowsa for the Fall term; and Julia Wang for the Spring term; and • Move to: Appoint to the Parks, Recreation, and Natural Resources Commission: Spencer Lasley and Pranay Rao for the Fall and Winter/Spring Terms; and Richard Ericson for the Fall term. ANNOTATED AGENDA June 16, 2009 Page 7 XIV. REPORTS A. REPORTS OF COUNCILMEMBERS 1. Southwest LRT Alignment Update—Council Member Nelson Synopsis: The Hennepin County Regional Rail Authority has proposed a change to the proposed route of the SWLRT that staff believes is sufficiently significant that we want to present it to the City Council for a review and possible endorsement. The proposal moves the proposed location of the Town Center station from somewhere near the current Brunswick Zone site to a new site on Technology Drive near the entrance to Emerson Rosemount. The HCRRA is hoping the Council will reach a consensus on this matter at this Council meeting. Council Member Nelson, the City's representative on the SWLRT Policy Advisory Committee, has been included in the consideration of this matter up to this point. She also attended a meeting of potentially impacted property owners and the Chamber of Commerce. We have placed this item under her report. There will be a short staff presentation as well. B. REPORTS OF CITY MANAGER 1. City Attorney RFP Process Synopsis: In 2006 the City conducted a Request For Proposals selection process which culminated with the award of a civil and criminal legal services contract to our current legal advisor Gregerson, Rosow, Johnson and Nilan. The contract term was three years and will end on December 31, 2009. If the Council desires to seek alternative proposals for our legal services contract through an RFP process for the time period beginning January 1, 2010, it will be necessary to start that RFP process sometime this summer in order to have it completed and ready to implement before the end of the year. If we are going to commence an RFP process this summer,there are some elements of the process that I would like to receive some Council input on. • Should we do an open RFP process which invites all eligible vendors or should we solicit specific vendors who meet our specific criteria? • Should we bid out just the criminal contract? Just the civil contract? Or, both? • Should we include an interview team as part of the process, like we did in 2006, or should staff merely assemble the information and present it to the Council? There may be other points in the process that Council Members may wish to comment on before we get it started. 2. Status Report on 2009 Capital Improvement Projects and Expenditures ANNOTATED AGENDA June 16, 2009 Page 8 C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR 1. Riverview Road Repair Options F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. ITEM NO.: VI.A. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MAY 5, 2009 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Ron Case, Jon Duckstad and Kathy Nelson CITY STAFF: City Manager Scott Neal, Parks & Recreation Director Jay Lotthammer, Public Works Director Eugene 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 III. OPEN PODIUM INVITATION IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added two items under Item XIV.B. Duckstad added one item under Item XIV.B. MOTION: Duckstad moved, seconded by Aho, to approve the agenda as amended. Motion carried 5-0. V. PROCLAMATIONS/PRESENTATIONS A. EDEN PRAIRIE HISTORICAL SOCIETY Jan Mosman, Vice President of the Eden Prairie Historical Society, distributed copies of a report from the Historical Society regarding the Cummins-Grill property. She said the Historical Society believes the best working arrangements for the site would be to have the Historical Society working under and with the City. She noted the property is located within a community park surrounded by recreational amenities. It has been used by groups from Eden Prairie for many years and is nationally recognized by the U.S. Department of the Interior. Eden Prairie has spent money for improvements and maintenance of the site and also has received grant money for improvements to the property so the residents of Eden Prairie have a vested interest in the building and the adjacent gardens. She said since they last reported to the City Council in December 2008 they have had ongoing discussions and planning sessions with staff and various groups. She said the Historical Society is offering to take over a share of the maintenance work, supplies, capital improvements, fund raising and volunteering at the site. There is a major donor who is proposing to give a donation if a favorable long term CITY COUNCIL MINUTES May 19,2009 Page 2 agreement with the City is signed. She noted this is the only nationally registered historic house in the City of Eden Prairie. Sydney Pauly, former Eden Prairie City Council Member, said we have seen the disappearance of building after building as land in the City has been developed. She said the Cummins-Grill House was a special case in that it had not been updated and was donated to the City. She said the Historical Society offered some money and the City Council joined in to hire an historical architect. They raised money throughout the community to help save this house and it has been a part of Eden Prairie for a long time. Young asked if the Historical Society is asking the City Council for consent to continue the written Memorandum of Understanding between the Historical Society and the Parks Department. Mosman said they would like to continue to work with the City and the Parks &Recreation staff to have an important part of managing the house. Young then asked what has changed to cause the Historical Society to come back tonight with this request. He said he recalled receiving the reuse study last summer and no action was taken on that. He thought the Historical Society then had an opportunity to come forth with options as we waited to see how the Pioneer Trail improvements would impact the reuse study. Neal said the Historical Society is here to update the City Council. They started out trying to replicate the Camp Edenwood model as best we could at the Cummins-Grill house; however, as time went on we mutually decided that would probably not be a model we would be able to replicate there. He said staff thought it was important to report that to the Council, but also to say there might be other models that can get close. They need additional time to discuss those possibilities, and time is available because the roadwork is just now under way. Young thought it might be good to schedule a workshop discussion to review this since it has been ten months since the Council was first briefed on the reuse study. Mosman said the prospective donor is willing to give us a little more time because they saw all the work that had been done with City staff Nelson agreed this would be a good workshop topic. She encouraged them to keep going with this and liked the idea of working to get grant money. Duckstad asked about the reference to a grant and how much it would be. Mosman said John Gertz would have the best knowledge on that, but it would have to do with the improvements to accessibility, code compliance, and ADA compliance. She said Mr. Gertz is confident we would be successful in obtaining grant money for those types of improvements. Duckstad asked if they contemplated the grant money would cover the cost of putting those improvements in place. Mosman said the plan was that we would use the original large grant to try to obtain smaller donations to build a sustainable fund to maintain the house. CITY COUNCIL MINUTES May 19,2009 Page 3 Aho said he would like to see staff continue to work with the Historical Society to look for solutions and would like to see a workshop where we talk about what costs we have in the property and what it would take to maintain it. B. 2008 COMPREHENSIVE ANNUAL FINANCIAL REPORT William Lauer, Malloy, Montague, Karnowski, Radosevich, & Co. P.A., presented the 2008 Comprehensive Annual Financial Report. They gave a clean opinion on both the Basic Financial Statement and the Federal Single Audit. He reported the General Fund and the Enterprise Funds are in sound financial condition. MOTION: Duckstad moved, seconded by Aho, to accept the 2008 Comprehensive Annual Financial Report(CAFR). Motion carried 5-0. VI. MINUTES A. COUNCIL OPEN PODIUM HELD TUESDAY,MAY 5, 2009 MOTION: Case moved, seconded by Duckstad, to approve the minutes of the Open Podium held Tuesday, May 5, 2009, as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY, MAY 5,2009 MOTION: Nelson moved, seconded by Duckstad, to approve the minutes of the City Council Meeting held Tuesday, May 5, 2009, as published. Motion carried 5- 0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVE 2009 GENERAL FUND BUDGET ADJUSTMENT FOR FACILITY CAPITAL CHARGES C. ADOPT RESOLUTION NO. 2009-33 APPROVING AGREEMENT FOR 2009 MCA TRAFFIC SIGNAL TIMING PROJECT D. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BLUE WATER SCIENCE FOR ROUND LAKE WATER IMPROVEMENT PROJECT AND WATER QUALITY MONITORING FOR DUCK LAKE, RED ROCK LAKE,AND STARING LAKE E. ADOPT RESOLUTION No. 2009-34 APPROVING EXECUTION OF A CONSENT AND A SUBORDINATION AGREEMENT REGARDING REFINANCING FOR SUMMIT PLACE CITY COUNCIL MINUTES May 19,2009 Page 4 MOTION: Aho moved, seconded by Case, to approve Items A-E on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS A. T-MOBILE CELLULAR TOWER-EP HIGH SCHOOL by T-Mobile Central LLC. Request for Site Plan Review on 67.33 acres. Location: 17185 Valley View Road. Neal said official notice of this public hearing was published in the May 7, 2009, Eden Prairie News and sent to 146 property owners. The T-Mobile project was properly noticed in the newspaper for the Planning Commission meeting on April 27, 2009, however notices to the affected properties owners were not mailed out. Therefore the Planning Commission's recommendation is invalid. The City Council public hearing received proper notice in the paper and notices were mailed to residents 10 days in advance of the meeting. After conferring with legal counsel, it was decided the Council should hold the public hearing, take comments, and close the hearing. A public hearing with the Planning Commission will be scheduled for June 8, 2009. A public hearing with the City Council will be scheduled for June 16tn Neal said a proposed 120-foot T-Mobile cellular tower will replace an existing 100- foot light pole on the northeast side of the Eden Prairie High School football field. The light fixture will be reestablished on a new monopole at the 100-foot height with the cellular antennas placed above. The purpose of the site plan review is for a cellular tower greater than 80 feet tall. Neal said staff alternatives for consideration include: 1). Moving the integrated tower to the southwest side of the football field providing a setback of 450 feet from the residents more in line with code for non- integrated towers. 2). Locating a new independent cell tower resulting in an additional structure within the area already with a number of taller structures. All options meet the intent of City code. The developer's option integrates the cellular tower with the existing lighting standards on the northeast side of the football field, which best addresses T-Mobile's goal of improvement to its cellular coverage serving the adjacent residential areas. He said a standard FAA review will need to determine if the tower is considered an obstruction. No building permit will be issued until the FAA determination is completed. The 120-Day Review Period Expires on August 4, 2009. The Planning Commission voted 8-0 to recommend approval of the developer's option at its April 27, 2009 meeting. Jeremiah apologized to the applicant for any inconvenience and said we would like to take comment from anyone who came tonight before the Public Hearing is closed and the item is sent back to the Planning Commission. Sharon Mattson, 16771 North Hillcrest, said she objected to another eyesore within her neighborhood where they already have the bubble and lights from the stadium. She noted she has no problems with her T-Mobile service either in her residence or in coverage around Eden Prairie. CITY COUNCIL MINUTES May 19,2009 Page 5 MOTION: Duckstad moved, seconded by Nelson, to close the Public Hearing. Case asked the reason for selecting that particular light pole rather than one of the other poles. Jeremiah said she was sure we have looked at alternatives, but she did not have that information so she will make sure to bring that when it comes back to the Council. Case said he assumed the School District has also studied the various options and asked if they held a hearing or discussion of this. Jeremiah thought it has only been reviewed at the staff level. Aho said in the information packet they said they wanted to use that specific light pole because of the proximity of the pole to the area they wanted to improve. VOTE ON THE MOTION: Motion carried 5-0. B. HERITAGE SITE ALTERATION PERMIT FOR STARING LAKE PARK/ JOHN R. CUMMINS HOUSE PARKING PLAN OPTION I by City of Eden Prairie, Location 13600 Pioneer Trail. (Heritage Site Alteration Permit No. 2009- 02-004) Neal said official notice of this public hearing was published in the May 7, 2009, Eden Prairie News and sent to five property owners. The Heritage Preservation Commission (HPC) has reviewed an application for a Site Alteration Permit for the John R. Cummins House located at 13600 Pioneer Trail. The permit application is for site alterations at the Cummins property due to the City's plans to relocate a ball field and Staring Lake Park parking onto the Cummins site. Effects on the City's parking lot will occur on the north side of the property. He said the City's parking lot plan, Option I for Staring Lake Park and the John R. Cummins House was reviewed per City Code, Section 11.05, Subd. 5.C. The plan was found to meet General Preservation Standards and minimize adverse effects as follows: • limit the parking to the northern boundary of the site to maintain open space; • place 50% of the parking outside the Cummins site; • minimize use of berms and rainwater gardens on the site; and • provide appropriate landscaping/buffers. Neal said the HPC reviewed the Heritage Preservation Site Alteration Permit application at its regularly scheduled meeting on April 20, 2009. The Commission voted in favor(6-0) of the Option I parking plan. The HPC recommends that the City Council approve Heritage Preservation Site Alteration Permit No. 2009-02- 004. Parking for the John R. Cummins House has been at the adjacent Staring Lake Park ball field parking lots west of the property. The parking lots primarily serve the nearby athletic fields, but also accommodate users of the off-leash dog park, archery range and John R. Cummins House. The current Hennepin County CSAH 1 (Pioneer Trail) roadway construction project will have impacts on both the ball fields and John R. Cummins House. The ball fields will be realigned to accommodate the road widening and have parking moved east of the fields, partially onto the Cummins site. Parking was designed to minimize the parking lot CITY COUNCIL MINUTES May 19,2009 Page 6 footprint on the heritage site, but still meet the parking needs for all adjacent uses. Neal said a Heritage Preservation Site Alteration Permit is required to make any change in, on, or to a designated Heritage Preservation Site. Any proposed change, addition or alteration to a building, structure or site must meet the Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. The Heritage Preservation Commission, staff, MnDOT Cultural Resources Unit and State Historic Preservation Office reviewed the parking plan to ensure compliance with these standards. Jeremiah reviewed the site plan that showed the alterations needed for this item as well as the following agenda item. She said both are related to the impact of the Pioneer Trail reconstruction. The first item impacts the north side of the Cummins- Grill site. She noted the existing drives from Pioneer Trail into the house and the ball field will be eliminated and the access will be relocated to the east side of the property by the Sterling Fence property. Parking on the north part of the site will be rebuilt with additional parking on the west side. One of the ball fields will be reoriented. She said this particular site plan gained the recommendations of all the agencies involved, and the City Council is the final stop in the approval process. There were no comments from the audience. MOTION: Nelson moved, seconded by Case, to close the Public Hearing. Motion carried 5-0. Aho asked who will bear the cost to implement this plan since it is primarily due to the expansion of Pioneer Trail. Jeremiah said she understood this is going to be a part of the road construction and mitigation so the City is not expected to bear any cost. Aho asked if we will have to obtain an easement from the two commercial properties on the east because the proposed entrance on that side of the property looks like a private entrance. Lotthammer replied we already have that in place. Case noted this is a national historic site, and he thought the City is incredibly lucky to have Mr. Gertz on our staff as our Historic Preservation Specialist. He said he assumed Mr. Gertz spent many hours on this project and asked what other cities do in similar situations if they don't have someone on staff like Mr. Gertz. Jeremiah said they usually contract for these services,just as we often do when we are applying for grants. Nelson noted the Cummins-Grill House had access through its driveway for any delivery of materials and asked if there will be access to the house from the parking lot for those deliveries. Jeremiah said she understood there will still be access to the drive on the west side of the house through the parking lot on the west. We will look at other potential accessibility options as we move forward on this. Nelson found it impressive that all the agencies were able to come together on one plan. MOTION: Nelson moved, seconded by Aho, to adopt the findings and approve Heritage Preservation Site Alteration Permit#2009-02-004 (Staring Lake CITY COUNCIL MINUTES May 19,2009 Page 7 Park/John R. Cummins House Parking Plan Option I). Motion carried 5-0. C. HERITAGE SITE ALTERATION PERMIT FOR JOHN R. CUMMINS HOUSE/CSAH 1 by City of Eden Prairie, Location 13600 Pioneer Trail. (Heritage Site Alteration Permit No. 2009-01-004) Neal said official notice of this public hearing was published in the May 7, 2009, Eden Prairie News and sent to five property owners. The Heritage Preservation Commission (HPC) has reviewed an application for a Heritage Preservation Site Alteration Permit for the John R. Cummins House located at 13600 Pioneer Trail. The permit application is for site alterations at the Cummins property due to the County's reconstruction plans of widening Pioneer Trail to a 4-lane divided roadway. Effects of the County's project will occur along the south boundary of the property. Hennepin County plan, CSAH 1 Typical Section 6, Compromise 2 (John R. Cummins House)was reviewed by the HPC per City Code, Section 11.05, Subd. 5.C. The plan was found to meet General Preservation Standards and minimize adverse effects as follows: • elimination of a right turn lane in front of the property; • reduction of the boulevard width in front of the house; • elimination of a retaining wall along the trail in front of the house; • incorporation of measures to protect significant trees associated with the Cummins House during construction; and • burying of overhead power lines in front of the house. Neal said access to the Cummins House, adjacent ball fields and park are currently via the Staring Lake Park entrance off Pioneer Trail along the west boundary of the Cummins House property. There is also an historic drive lane along the west side of the house that is used to access the property. Neal said a Heritage Preservation Site Alteration Permit is required to make any change in, on, or to a designated Heritage Preservation Site. Any proposed change, addition or alteration to a building, structure or site must meet the Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. The HPC, staff, MnDOT Cultural Resources Unit and State Historic Preservation Office reviewed the proposed County plan to ensure compliance with these standards. Staff recommends the City Council approve the Heritage Preservation Site Alteration Permit. Dietz noted the Council approved the plans in the general form as part of the county road project. The mitigation efforts of the county have been taken into account, and this action will reaffirm what has already been done. There were no comments from the audience. MOTION: Case moved, seconded by Aho, to close the Public Hearing and to adopt the findings and approve Heritage Preservation Site Alteration Permit#2009-01-004 (CSAH 1 Typical Section 6, Compromise 2). Motion carried 5-0. CITY COUNCIL MINUTES May 19,2009 Page 8 D. ORDER IMPROVEMENTS AND PREPARATION OF PLANS AND SPECIFICATIONS FOR RIVERVIEW ROAD, I.C. 52-157 (Resolution) Neal said official notice of this public hearing was published in the May 7 and 14 Eden Prairie News and sent to 99 property owners. The Director of Public Works and the City Engineer have completed a study of street and utility improvements for the segment of Riverview Road between Homeward Hills Road and Parker Drive/Sonoma Ridge. The feasibility study was received at the May 5th council meeting. The segment of Riverview Road between Homeward Hills Road and Parker Drive/Sonoma Ridge is a narrow bituminous surface in poor condition. There is no pedestrian facility serving the adjoining neighborhoods. The proposed improvements will correct these deficiencies and improve the visual character of the corridor. Dietz said all the property owners affected by the project received a full copy of the feasibility study for the project. The basic part of the project is to upgrade about 2000 feet of Riverview Road between Homeward Hills Road on the west and Parker Drive on the east. The existing roadway will be replaced by a 28-foot wide street with curb and gutter, install underground storm sewer, and a trail will be added. The project cost is $850,000, including pavement costs of$350,000 with the remainder of the cost for storm sewer, trail, storm water infiltration, sanitary sewer, watermain and engineering fees. The net assessable cost is estimated at $427,000 with the balance of the cost paid for by the City. Since the road is on our municipal state-aid system the City share will come from gas tax sources and the storm water utility. Dietz said there is a proposed assessment of$3970 for each property; however, some properties will not receive an assessment because some parcels were sold to private parties at time of the special assessment agreement and the developer requested those parcels be excluded. Some properties have prepaid the assessment. In 1999 the City Council authorized a mechanism to pay off the debt incurred with this special assessment agreement to minimize the impact on owners who wished to sell or refinance their property. He said the proposed assessment would have a 20- year repayment schedule beginning in 2010. The meeting tonight is to decide if we should build the project, and if it is approved, there will be another hearing later this fall to talk about the final assessments based on the final bids for the project. Dietz said the project would be substantially constructed by November with a final surface applied next year. He said the number one reason to proceed with the project is safety. There are no pedestrian facilities on the street, and there are upwards of 2500-3000 trips generated per day. He said there has been some discussion about just doing a mill and overlay, but that would create a safety problem because there would be some increase in speeds with a better road surface and still no pedestrian facility. He reviewed traffic counts and statistics in the combined corridor of Riverview Road and Homeward Hills. He said municipal state aid standards govern what we can do in this location so we cannot simply CITY COUNCIL MINUTES May 19,2009 Page 9 widen the roadway without meeting the specific design requirements. Nelson asked if a mill and overlay would have to be just the width of the current roadway. Dietz said we would have to stay with the current width. He noted Riverview Road has been on the City Guide Plan as a major collector street since 1978. We would upgrade the roadway as an urban section rather than a rural section in order to minimize the use of right-of-way. He said the plan is to connect into the existing storm sewer system so it will not create any new connections to the creek valley or the river valley. There will be an infiltration basin that will infiltrate water from the over-sizing of the road and the trail. Dietz said the project fulfills a development obligation from 1989 when the Bell Oaks development was approved. The developers of Bell Oaks paid all utility costs and were responsible for their half of Riverview Road and the trail in conformance with three special assessment policies adopted in 1989. The key issue for the City was the Hustad property on the other side of the road. The lack of a specific development plan and the need for dedication of right of way caused a long delay in building this project. In 1996 City staff worked hard with a group of property owners in the neighborhood and got a preliminary design concept approved that was a lot like the one proposed this evening—specifically a 28 foot wide roadway and trail. Case asked from the City's perspective what happened to the money that was set aside from the developer. Dietz said it doesn't work that way. There are three specific policies that guide the special assessment/development process.. One policy is where the developer signs the special assessment agreement and it becomes a lien against the property. Another policy has the developer pay the full cost associated with the project. The third policy is that on collector or arterial streets we can assess by front footage areas or on a lot unit basis. Dietz said the special assessment agreement is a legitimate lien on the properties and right now there is a very competitive bidding climate. He noted there is another item later on the agenda for a resolution to rescind the resolution from 1999 that provided an amount of$3800 to pay off the special assessment. He said 21 parcels have already prepaid the assessment. The remaining Bell Oaks property owners have waived all right to appeal the special assessment. Once we receive the bids we will compute the final amount and come back this fall for an assessment hearing. He said if the Council authorizes this project there is another agenda item that would authorize an extension of the consultant's fees to finalize the plans for discussion under the DPW report. He noted State law requires a 4/5 majority vote of the Council to advance the project. Young asked when the portion of Riverview Road adjacent to the Vintage project was completed. Dietz said it was done in 2004, and noted we were ready for this project last year but a lot of issues and questions were raised by residents at that time because there are a lot of new owners in that area since 1990. Young asked how the development potential for Parcel 76 was determined. Dietz CITY COUNCIL MINUTES May 19,2009 Page 10 said they estimated it based on what was done in the Vintage and Bell Oaks properties. It is 22 acres and a sizeable part of it is on the bluff. Young asked when was the last time we approved a special assessment on residential property based on the development potential of the parcel. Dietz said we did some on Sunrise Circle and Hilltop Road where some large lots had the potential to split once sewer and water became available. He said the number of lots depends on the circumstances. Young asked how an overlay would be paid for if the Council were to direct that be done. Dietz said we would not be able to expand the roadway, and we typically do not do a major improvement out of the General Fund. We have a pavement management system in place that is funded through property taxes and liquor profits. We reserve that for making repairs to roadways that have been brought to urban standards. Young asked if we have funds in the budget to do a mill and overlay of the street this year. Dietz said we have money in the pavement management budget but we haven't used that fund for this kind of thing in the past. Young asked if other projects would have to be postponed in order to do this. Dietz said probably not if it would cost about $100,000 to do an overlay. Duckstad said one of the sources of revenue available to pay for the project was state aid and asked if the difficulty the state is having with their funding would interfere with state aid for this project. Dietz said as gas prices taper off we will see a diminution of the available funding, but we do have a fund balance. We have enough resources available to do this project; however, in the years ahead we may not have as much available. Duckstad asked why we waited until now to work on the road if it was proposed as a major artery as long ago as the 1981 map showed. Dietz said there were no special assessment policies prior to 1989, and the catalyst for projects has been development in order for developers to pay as much of the project as possible. He said Dell Road north of County Road 5 was built this way. It has been our standard practice to have the developer pay for these kinds of projects. Duckstad said one of the reasons given to proceed was safety concerns, but when he looked at this roadway he assumed the same safety problems have existed for a long time. Dietz said as there has been more development and the traffic has increased to the current level of about 2500-3000 trips per day on that section of road. Duckstad asked if the information that indicated we would assess on the basis of front footage was correct. Dietz said we do that provided there is identical property on both sides of the road with the same potential, but we haven't used that practice very much. We would do this project on a unit basis because there is a problem with fairly assessing the property due to the irregular layout of the homes. Dietz said development projects were designed to have backyards on the street in order to limit the connection points on collector streets. There are only a handful of driveways onto Homeward Hills Road or Riverview Road. Duckstad asked if there was any reason why this project might not be put off so we CITY COUNCIL MINUTES May 19,2009 Page 11 don't run into a problem where we are short of money to finish the project. Dietz said we have our share in the bank and the financing plan is in place. Nelson asked what has to go along with a 28-foot road according to the state aid rules. Dietz said we don't have nearly enough right-of-way to do a true conforming state aid rural section road, so there would have to be curb and gutter in place to meet the urban standard. Nelson asked if the trail and sewer and water would be extra and if the storm water infiltration pond would be essential. Dietz said it would be required by our own infiltration standards. Nelson said that means not a lot could be taken away except the trail. Dietz said having no trail would mean we still would have no pedestrian access. Nelson asked how long a mill and overlay would last. Dietz said he strongly recommended against an overlay because we have a responsibility to the public to not create a safety hazard. He thought that would happen if we create a situation where traffic speeds up and we don't provide for pedestrians. Mike Gresser, 10701 Riverview Road, said his driveway is on Riverview Road. He said the road in general is 24 feet wide, and there are no drainage problems on the road. He disagreed with the quoted pavement price of$6.25 and thought it should be $1.50-$2.00. He understood that state aid can be applied by the City to where they deem it to be applied. He said the special assessments for the south side of the road are newly proposed assessments, so the City does not have an existing agreement to provide for those assessments. He thought the City has a burden of proof to show it improves the value of the properties. He said over 100 people met with Al Gray and other staff members last year and they were asked to come together as a community to provide recommendations for the road. A group of residents met twice and reached a unanimous decision that the rebuilding of the road as proposed does not improve their property values and that it would be more fiscally responsible if the road were to be re-milled and repaved. He said the developer is no longer in business so we can't hold them responsible for the money. He thought it was debatable whether the liens are valid and enforceable. He said this is a rural section of the City and he thought we should wait for the area to be developed before assessing for development. He didn't know why this is such an urgent priority now since we have waited 19 years. He also thought this doesn't provide continuity to the roads in the area because the section to the east out to Hwy 169 will be improved later when that area is developed, and Homeward Hills Road does not have the same design as Riverview Road. Jim Dutcher, 11015 Bell Oaks Estate Road, said he has lived there for 10 years and has never seen an accident on the road. He said he would like to see some kind of police report that shows this has been a dangerous area. Will Schroeder, 10584 Boss Circle, said in 1989 the people that were the members of the corporation that formed Bell Oaks had the intent to pay a portion of the road construction. He said Dave Brown was the last owner of the land and over the years Mr. Brown has said if the City would call him he would be happy to put in the money he set aside. He thought the City was in error in not pursuing this sooner. CITY COUNCIL MINUTES May 19,2009 Page 12 Dan Wilczek, 10921 Purdey Road, said the trail is a"road to nowhere"because it will end at the Philippi property. He said the issue of safety on the road will be on the windy section of the road to the east where there is no plan for a trail. He has not seen a safety issue in the 18 years he has lived there. A resident on Burr Ridge Lane said the people here tonight will be the ones affected monetarily by this project. He noted the road was shot 14 years ago and development happened on both sides to this point. He asked if it was true there are no plans for a trail on the rest of the road to the east. Lotthammer said we do have a plan that takes the trail to Hennepin Town Road which then connects to the north/south trail. The resident thought we should consider extending the trail all the way down if this is approved. He thought this road is a disgrace to the City and a mill and overlay would only last a couple of years. Dietz said we have future plans for a completed trail system, but we can't build it all at once. He said the safety issue may not be critical right now because people don't tend to over drive Riverview Road due to its poor condition. It is unsafe to ride a bicycle on that road and a mill and overlay of the current road would exacerbate the problem. Richard Perry, 11198 Burr Ridge Lane, said there are no accidents because people are driving at slow speeds to dodge potholes. He didn't know how much we have spent to repair the road in 18 years but we can't go along patching it. He thought the project was not well communicated to all the people who use the road and who might have attended the meeting. Mark Halvorson, 10860 Purdey Road, said he understood that some of our taxes are slotted for redoing roads and asked why those funds haven't been applied for the road. Mike Lang, 10707 Sonoma Ridge, said he didn't feel this is the time to burden the taxpayers. He agreed the road is unsafe but that is because it has not been maintained. He supported re-milling and repaving the road. Pete Decesare, 10599 Parker Drive, said traffic there goes at 55 mph. He didn't think we should spend all that money in a time when we don't have it. It would increase the speeds on the road and run a higher risk of personal injury. He didn't understand how this project would positively affect the value of their homes. He added that Mr. Dietz has done an outstanding job listening to the residents' concerns. Anita Philippi, 10300 Riverview Road, said the storm sewers are not functioning in that section of Eden Prairie, and the Minnesota Pollution Control Agency(MPCA) is seriously concerned about our storm drainage system in that area. She thought we need to fix that problem before we put more water into what is not working currently. CITY COUNCIL MINUTES May 19,2009 Page 13 Robert Jones, 10968 Bell Oaks Estate Road, asked how the proposal would affect the trees on his property and the feeling of driving down a country road. Dietz reviewed the trees that would be lost on Mr. Jones' property under the current set of plans. Bruce Mallory, 11027 Purdey Road, thought the speed will increase on this section if we go to 28 feet and then traffic will have to come to a halt for the sharp turn at the east end. Dennis Kudelka, 10600 Parker Drive, said a lot of issues in terms of tree loss and retaining walls are associated with a path. He thought eliminating the trail would alleviate a lot of issues. Margaret McGraw, 10413 Spyglass Drive, said she has driven this road for the 40 years she has lived there, and she cannot understand why the City has waited so long to fix this piece of road. She would like to have this repaired, but she thought if we do more to it than that we will increase the traffic speeds. Laura Bluml, 10540 West Riverview Drive, said she has a 24 year relationship with this section of the Eden Prairie. This road is the only way to get in and out of the entire area, and it is an embarrassment in its current state. She showed photos of the road conditions at various points. She was in favor of the planned improvements because of the safety factor and the longevity of the improvements and thought it would bring it up to the standards in the rest of the City. She said the improvements were delayed because large tracts of land were not developed yet. She said, contrary to the reports in the newspaper, this section of the road is not an historical property. She believed it is the City's responsibility to build this road and the proposed improvements are reasonable. She said she made many trips to City Hall when she was building her home, and the maps showed this road as a major collector road with a trail. She chose her home site based on the answers they received at City Hall. She thought most of the people opposed to the project here tonight are adjacent property owners because notice of the meeting was not sent to other residents who use the road regularly. Kevin Bluml, 10540 West Riverview Road, said he walks a lot in the City, but he doesn't walk along this road. He would like to be able to walk to Bloomington but that won't happen until this road gets fixed. MOTION: Aho moved, seconded by Duckstad, to close the Public Hearing. Motion carried 5-0. Duckstad said given the state of the economy, the fact that this project has been targeted for about 20 years, and the lack of evidence that there are safety hazards, he does not support the project as presented. He thought at one time the City may have been inattentive in taking advantage of a significant amount of money from a CITY COUNCIL MINUTES May 19,2009 Page 14 developer, and it would be unfair to the people that would now be put in a position to pay for the project. Aho thought it was important and helpful that everyone have their opinion heard. Regarding a mill and overlay project, he asked about the quality of the base materials in the roadway and what the life expectancy of a resurfacing would be. Dietz said we have not done any soil testing out there, but when we do a mill and overlay on urbanized streets it lasts somewhere between 12-15 years. He said water is a detriment to any pavement and if there is not proper drainage you probably cannot expect the roadway to last that long. Aho then asked what the cost would be to plan and bid a reclaim and repave project for the roadway. Dietz said staff has not prepared an estimate for that but he had no reason to seriously doubt Mr. Gresser's estimate; however, in order to meet our bidding obligations, we would have to prepare plans. Aho asked if our projected cost of$6.25 per square foot for the current plan was out of line with the $1.50-$2.00 cost for a reclaim and repave that Mr. Gresser stated. Dietz said our experience shows that$6.00 is right in the ballpark for reconstruction and the grading required is a substantial part of the cost. Regarding the drainage issue, Aho asked if doing this project with the sewer and water collection and connecting that to the existing storm water outlets would add a substantial new load to the existing system and create more problems. Dietz said Ms Philippi talked about some issues with the MPCA, however this project will infiltrate the extra water as a result of the widening and the trail and the rest of the water will go into the existing storm sewer system at Bell Oaks. Nelson said it looks like the portion of Homeward Hills Road south of Pioneer Trail does not have curb and gutter. Dietz said we have not had the ability to lay off some of the costs to development in that section, so the City would have to pay the entire cost. Nelson asked if that area has storm sewer. Dietz said there are some limited storm sewers and catch basins but no curb and gutter. He said the width of the roadway is adequate and it has pedestrian facilities. Nelson asked what the plans are for the area to the east of Parker Road where the road starts to go down hill and out to Hwy 169. Dietz said the most likely catalyst for something to happen on that section would be the redevelopment of the Philippi property, which is a very valuable property and will most likely be developed some day. When it is developed, we will be able to negotiate a special assessment that obligates the property to pay for this. He noted the money for the special assessment part of this project was never ours to have, and there may well be some contractual relationship between the developer and the property owner that spells out how it should be handled. The pending special assessment should have appeared in a title opinion. If it was overlooked in the title opinion, there may be cause for the owner to go to the title company. The special assessment agreement was properly executed, filed at Hennepin County, and has been part of the record since 1989. Nelson asked if doing a mill and overlay now means we can't do a project like this CITY COUNCIL MINUTES May 19,2009 Page 15 in the future. Dietz said he didn't know how long the special assessment agreement would last because we have already tested the limits.Nelson asked Mr. Rosow if doing a mill and overlay would negate the special assessment agreement. Rosow said it does not necessarily negate the special assessment agreement,but the Council would have to be careful about the language used. Someone could say the City Council has abandoned doing the improvements, and it could be argued that takes away the underpinnings of the special assessment agreement. He said the reason an amount was set ten years ago for payment of these assessments to the City prior to actually having a project was to provide relief to homeowners so they could sell or refinance without a cloud over their title. Nelson asked if they could continue to prepay that if we don't rescind the previous amount. Rosow said the bank would know about it and should be asking who will pay for that. He noted the City has collected 21 of these, and we could continue to collect the money. Case thought the issue for him is not whether to build this to code some day but rather is this the right time to fund it in this way. He asked why the properties along Homeward Hills Road would not be assessed for improvements along that road. Dietz said that roadway existed prior to his tenure at the City, and we had no standard practice of collecting special assessment agreements. Case said he was a little confused because the development on the east and west sides of Homeward Hills Road would not have paid to build the roadway the first time. Dietz said when we are in the development process and this is the access road to that development, we are in a very strong negotiating position and are able to create special assessment agreements more readily. Case said if the development process leads the way, why not wait for the Gresser property to come on line and possibly adjust the density as we did for other developments in the bluff area and have the Gresser development pay the cost of improving the roadway. Dietz said if we were to try to do something where we put smaller lots or density at the top of the bluff, he thought we would have a lot of same people present this evening come back to say that wasn't what they bought into. There are large lot developments in this corridor, and he was not sure we could get a development through that would optimize the number of lots. He noted the proposed assessment is a fairly incremental increase to the taxes. He said all of the Bell Oak properties have given away their right to appeal this assessment. MOTION: Nelson moved, seconded by Duckstad, to delay the Riverview Road project to a time indefinite and to instruct the Public Works Department to do a different project to mill and overlay Riverview Road between Homeward Hills Road and Parker Drive. Case said he would support the re-milling of the roadway. He thought it is not an issue of whether we should eventually build this to code or whether surrounding development should pay for the road,but rather the issue is how to stay consistent with the precedent. The Gresser property offers the route we have used in the past to do such a project. He agreed we have water erosion issues on the bluff that should be addressed first and thought we should put our efforts and energy into what is wrong down there. CITY COUNCIL MINUTES May 19,2009 Page 16 Duckstad said he was supporting the motion because at the present time the City has a shortfall in the operations budget and may have a shortfall in our capital improvements program. Young noted neither our operating budget nor the capital improvements budget would be used to pay for this proposed project. Dietz said the municipal state aid monies are held by the state and when we apply for a project we have a fund that has been accumulating and we go through a process of plan approval and bid opening and then apply for the funds. The other source of funds for the project is related to storm water and we have a storm water utility fund. Duckstad asked if he could assure the state aid funding would be available at the appropriate time. Dietz said it is available today, and we have the ability to use it today and will not have to sell bonds to pay for it. Young said all the Council Members have spent a lot of time on this issue, and it is an important issue and a big one. He said all we are doing is passing the buck if we don't approve the project tonight, and he hasn't heard tonight how the problem of this road gets better if we push it off for another Council to make the decision. Aho said this is a tough and emotional issue that affects people's everyday life. He thought ultimately to do an overlay or some kind of reconstruction on this is a temporary fix and does not serve the public well. We will ultimately spend more money and will have multiple times of construction, and he thought that is a mistake. We would be better served to do it right the first time. He thought extending the trail out to Parker Drive and Sonoma Ridge would give people access to that section and that would be a safety improvement. He thought the traffic speeds will go up when the road is overlaid so there will be decreased safety. Nelson was concerned about the runoff waters on the bluff area and does want to see that get solved, but the road has to be improved this year. She was not convinced the trail along this road for a short section really does make it safe. The road does need to be repaired. She said it should last long enough with a reasonable cost so that ultimately we could reconstruct the road and get help paying for the larger project. Neal said the storm water issue has come up a couple of times. City staff is working closely with the MPCA and consulting engineers to define and remedy the problem. Case said this issue came up pretty solidly last summer and the Council pushed it off to this year. There has been a precedent set that we build roads based on our development projects, so he believed we are making this road temporarily safer by overlaying it but should follow our precedent and delay the full project until development occurs. CITY COUNCIL MINUTES May 19,2009 Page 17 Duckstad didn't think there is a dispute the road needs to be improved. His concern still lies with the payment of it. He said none of us know how soon the economy will turn around, and he failed to see the urgency for the project in light of the other circumstances. VOTE ON THE MOTION: Motion carried 3-2-0, with Aho and Young opposed. X. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Aho, to approve the Payment of Claims as submitted. Motion was approved on a roll call vote,with Aho, Case,Duckstad,Nelson and Young voting "aye." XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCILMEMBERS 1. Report on the City Manager Performance Review Mayor Young turned over the meeting to Acting Mayor Aho who presided earlier this evening when the Council held a performance review of the City Manager in closed session. He said Mr. Neal first met with them and informed the Council he was requesting no increase in his salary for this year. Mr. Neal then left the room and Mr. Buell of PVI, the firm hired to do the performance review, gave a summary of the review. In general the consensus of the evaluation was a very positive review. The City Manager is doing the job the Council expected of him, and his performance as excellent. The results of the performance survey given to City Council Members and staff were very positive. He said the Council Members discussed the salary request and generally concurred with Mr. Neal's request that his salary not increase due to the economic conditions. Mr. Neal's contract calls for consideration by the Council of merit pay, and in order to keep his compensation flat, the Council decided to keep the merit pay at $4723.99 which is the same as last year. MOTION: Aho moved, seconded by Nelson, to perform no salary increase for the next 12-month period and award merit pay in the amount of $4,723.99 so the total salary neither increased nor decreased from the prior 12 month period. CITY COUNCIL MINUTES May 19,2009 Page 18 Duckstad said he commended the City Manager for stepping forward and presenting his willingness not to take a salary increase. He thought that showed a high degree of leadership and concern for the employees of Eden Prairie who may be laid off or who may be furloughed. He said he was not in favor of awarding the merit pay. Aho said if we were to not award the merit pay which is part of the total compensation package as it was designed in 2002, then we would actually be giving him a pay cut and not just a 0% increase in his total compensation. Case said the way that merit pay was setup when the contract was written was that it would be for the past 12 months. Mr. Neal has gone through the past 12 months and has followed through in an exemplary way on the City Council directives we gave him 12 months ago. He thought we may want to look at his compensation package at a workshop session,but it would be an example of bad faith if we were to promise it and then say"Sorry, you don't get it." Duckstad thought when we discussed this there was also an indication by our City Manager of a willingness to put off any decision on this. He thought the City Manager wanted to set an example of leadership so he was still not willing to approve this. Young said he has always had some level of concern and dissatisfaction about a compensation structure that includes merit pay. He was concerned that this compensation structure is so unique and people misunderstand the merit pay, so he thought it was a good idea for the Council to consider in a workshop session whether it makes sense to move to a different contract formula for Mr. Neal. He said he has an extraordinarily high regard for Mr. Neal and his performance is excellent. He thought the measure of performance really needs to be exceptional and the only way a degree of dissatisfaction can be expressed is monetarily. He did not concur with the recommendation for merit pay in this particular year, but that has not affected his confidence in Mr. Neal going forward. Neal said when he came here in 2002 this was the agreement prepared by the City Council at that point and it seemed like a good fit at the time. Since that time we have made changes in how we review staff. He would be open to talking about that with the Council whether in a workshop or in some other forum. Aho thought it would be in the best interest of Mr. Neal and the City if we made an adjustment to the contract and make it a total compensation package. He thought we should have that discussion going forward but we need to have some resolution on this issue tonight. He said he would be willing to amend his motion if someone would suggest what figure would be acceptable for the merit pay. CITY COUNCIL MINUTES May 19,2009 Page 19 Duckstad said he concurred that we should revise the contract in order to omit the problems we are having. Case called the question. VOTE ON THE MOTION: Motion carried 3-2-0, with Duckstad and Young opposed. B. REPORTS OF CITY MANAGER 1. City Center Landscaping Neal said staff has developed a landscaping plan for this building that would consume less water and provide a greater natural area. We examined different options and thought we might need an ordinance exemption, but after considerable review and discussion it was determined our code would allow us to convert some of our more manicured landscaping areas into more natural ones. He said that will happen over the summer months and will reduce water consumption and maintenance costs. He said we will continue to maintain and water the landscape border around the boulevard. Nelson said she saw the plans for planting native grass and wildflowers and asked if we could obtain a modest amount of seed for wildflowers so it could be seeded with perennials. Neal thought we are intending to do this. We have some turf specialists in our Parks Department so we have used their expertise and developed this in house. (Note: The preceding item was taken out of sequence.) A. REPORTS OF COUNCILMEMBERS (Continued) 2. Richard T Anderson Park—Case Case said he recently had an opportunity to be in the R.T. Anderson Park. It is an incredible park but a couple of the kiosks are being wrecked by weather and he asked staff to check on those. 3. Residents' Questions About Airport— Case Case said he met at a resident's house last week and Jeff Hamel, the director of MAC, stopped by. Several residents have said they understood the expansion of Pioneer Trail was being done to carry freight for the expanded runway at Flying Cloud Airport. Case asked City Attorney Rosow to address that issue. Rosow said Section 3.8 of the Flying Cloud Airport Agreement addresses cargo operations and states that major air cargo operations will not be able to use the airport. CITY COUNCIL MINUTES May 19,2009 Page 20 4. Capital Improvement Projects—Duckstad Duckstad said we are almost halfway through 2009, and he wondered if we will have any difficulty with our capital budget so that there will be a need to forego or continue any of the projects. Neal said we have a busy line-up of capital projects and he would like to draft a status report for the Council to present at the next meeting. B. REPORTS OF CITY MANAGER(Continued) 2. Energy Efficiency and Conservation Block Grant Neal said this $627,000 block grant is part of the ARRA Act and we need to make a decision on this tonight because the deadline to submit an application is June 14. He said it is a noncompetitive grant so we only need to apply for it with compliant projects and we will get the money. He said we talked to the Council and staff about the wide array of projects this money could be used for. The projects submitted provide energy conservation and efficiency benefits to the taxpayers and are projects that were either on the current CIP or that would have been if we could have included them on the 20-40-15 project. He said they will yield operating savings into the future so they will save our taxpayers money on the initial purchase and on operating costs going forward. He reviewed the list of projects proposed. Duckstad asked if there are any strings attached to the funds. Neal said there are probably requirements that go along with it such as reporting requirements regarding what it is spent on and"Buy America"provisions. Aside from those types of requirements,we will put together the proposal to spend the money and they will review it. We are pretty sure these are items that will be approved. Duckstad asked if staff would bring this back to the Council if the funds do show up with a set of requirements. Neal said he is asking for approval of a set of projects but if the government changed the deal and made it very restrictive, staff would bring it back. MOTION: Case moved, seconded by Nelson, to approve McKinstry as the consulting firm to assist the City in obtaining the Energy Efficiency and Conservation Block Grant and to assist the City in implementing the projects. Motion carried 5-0. At this point City Attorney Rosow noted it was now 11:00 PM, and a motion is required to continue the meeting past 11:00 PM. MOTION: Duckstad moved, seconded by Case, to continue the meeting. Motion carried 5-0. CITY COUNCIL MINUTES May 19,2009 Page 21 Mayor Young called a break at 11:01 PM and reconvened the meeting at 11:10 PM. 3. 2009 Budget Amendment (Resolution 2009-35) Neal said in February Ms Kotchevar and he gave the Council a presentation on the 2009 General Fund revenues and expenses, and it was becoming clear we had a potential problem with non-tax revenue from development. By the first week or two of May we are at about one-half of where we need to be and it is not likely we will catch up to where we should be on that revenue source. There is also a sizable decrease in our interest income. It appears our General Fund will be about $1,000,000 short, which is within the range predicted. They put together a plan to cover '/2 of the deficit with transfers from the Budget Stabilization Fund, reduce operations, and have a reduction of$300,000 on the personnel side. He thought this is the right direction to go to reduce some reserves and also reduce operating budgets. Case asked how much is in the Budget Stabilization Fund now. Neal said there is $5.7 million in that fund, and one option could be to use that money and not do any reduction in costs at all. We considered that just as we considered a lot of other options. He said we believe the economy is going to pick up, but city governments won't feel it for about a year afterwards because of the delays in our property tax revenue. We believe we will need those dollars for future budgets and don't think we should recommend consuming those funds on the front end. Case said we used $500,000 from the Budget Stabilization Fund in December, and we are taking another$500,000 now so we will be $1,000,000 behind. We will have to make that up and will have to look at a 3-4% increase in taxes next year just to stay even. Neal said he didn't think that is true although that it might be a policy piece decided by the City Council. Case said we need to get the $1,000,000 somehow. Nelson asked if Mr. Neal could tell us where, in general, the personnel reductions are coming from and how it will impact City services. Neal said we took a look at our operations and some are impacted by the downturn in a negative sense but others are affected in a positive sense. Some of our services have had an increase in demand. We looked for reductions in those areas that are connected in some way with the development of land. We also looked at other areas to see where there are positions or functions that we could restructure and spread the duties fairly to others or outsource them. He said there will be marginal decreases in service. There might be longer wait times for regulatory approval of things. We have built an organization here that was based on prompt and excellent customer service and we are ratcheting that back to a level that is still appropriate and still fulfills our citizen response. CITY COUNCIL MINUTES May 19,2009 Page 22 Nelson asked if this will impact the Police and Fire Departments. Neal said we have not recommended any decrease in the fire side of the organization. We have one vacant position in the Police Department that we have recommended be cut which will make it somewhat more difficult for the scheduling sergeants but there will be no discernable decrease in our police services. Aho said he liked the proposal to have a combination of reduction in spending and use of the Budget Stabilization Fund. He said the purpose of that fund is for those times when we need to draw on it. Duckstad agreed with the specific proposal because the adjustment was made with a reasonable balance to make up the shortfall. Young said he also agreed with that approach and he agreed we have the Budget Stabilization Fund set up for a reason, so he supported the proposed motion. MOTION: Duckstad moved, seconded by Aho, to adopt Resolution 2009- 35 authorizing an adjustment to the City's 2009 General Fund to reduce revenues and expenses by $1,000,000 and to direct the City Manager to make the necessary reductions in General Fund operations and budgets to implement this adjustment. Motion carried 5-0. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. CDBG-R Funds for Rehabilitation of Fraser Group Home Sites Neal said this is an item we would typically have on the Consent Agenda; however, he needed to disclose that his wife works for the Fraser organization at their school in Richfield. He noted there is no financial connection between that facility and the home sites in this item. Jeremiah said she mentioned at the last Council meeting we would get $69,000 from the ARRA Act for CDBG funding, and this item will use a good portion of those funds as a grant for rehabilitation. Staff believes this would be a good use of these funds and recommends approval. MOTION: Case moved, seconded by Duckstad, to approve the use of up to $50,000 in CDBG-R funds to rehabilitate the four group homes operated by Fraser Residential Services, a Minnesota non-profit corporation. Motion carried 5-0. D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR CITY COUNCIL MINUTES May 19,2009 Page 23 1. Resolution Rescinding Resolution No. 99-157 (Riverview Road Special Assessment Pre-Payments) Dietz said Mr. Rosow has some thoughts and comments about this item. Rosow said this first item was predicated upon the approval of the project and would have rescinded the resolution that established the $3800 per lot pre-payment. He recommended that the City Council adopt a resolution to reaffirm Resolution 99-157,based on the earlier action by the Council this evening. MOTION: Aho moved, seconded by Case, to reaffirm Resolution No. 99- 157. Motion carried 5-0. 2. Professional Services Agreement for Revisions to the Riverview Road Construction Documents Dietz said this item is also moot as we will not pursue additional design work. He said staff will need direction for where to take the money for the mill and overlay of the roadway. Neal suggested Mr. Dietz, Ms Kotchevar and he meet and bring back options at the June 16 meeting. F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Duckstad moved, seconded by Aho, to adjourn the meeting. Motion carried 5-0. Mayor Young adjourned the meeting at 11:28 PM. CITY COUNCIL AGENDA DATE: SECTION: Reports of Advisory Boards and Commissions June 16, 2009 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.A. Jay Lotthammer, Parks and Parks, Recreation and Natural Resources Recreation Director Commission Update Synopsis Parks, Recreation and Natural Resources Commission Chair Geri Napuck will attend the meeting to present an overview of the commission's recent activities. Attachments Commission Work Plan Parks, Recreation and Natural Resources Commission 2008 Important Dates / Work Plan Day, Date Time Location Group Focus Monday, Jan 7 5:30 EPCC Tour Renovations Box Lunch at City Center will follow tour at 6:15 p.m. pm Council Chambers PRNR Meeting Therapeutic Recreation (Nicole White) 7 pm • Park Bond Referendum Fund Update • Registration Policies and Procedures • Birch Island Park Tree Removal Saturday, Jan 26 8 am EPCC Open to the Public Open House Monday, Feb 4 7 pm Outdoor Center PRNR Meeting Outdoor Center(Stan Tekiela) • Park Bond Referendum Fund details • Three Rivers Park District Update • MN Valley Nature Wildlife Refuge • Outdoor Center Observatory • Birch Island Park Update • EPCC Alcohol Policy • Art Center Update • Don Rogers Property • Recognition of Gifts _ Wed., Feb 13 7 pm Heritage Rooms Sports Facilities Athletic Associations that use City facilities meet quarterly Committee —Feb 13: Construction Updates; Code of Conduct; Field Opening and Closures Monday, Mar 3 7 pm Council Chambers PRNR Meeting Winter Recreation Programs Recap (Laurie) • Indoor Play Structure Evaluation • Community Center Vending & Concessions Caterer • Art Center Update • Watershed District Overview Wed., Mar 12 7 pm EPHS City/School Facility Meet twice year to discuss shared use of facilities and Advisory Committee budget information Monday, Apr 7 7 pm Council Chambers PRNR Meeting • Camp Eden Wood Update • City Guide Plan Update • Art Center Update • Childcare Area Update • Polar Plunge Update • Pioneer Trail Update • Liquor Liability Update • Dog Park Improvement Update • Conservation Commission Work Plan/Role • Red Rock Lake Park Play Structure • Commission Training Re-Cap • Three Rivers Dog Park Update Tuesday, Apr 15 7 pm Council Chambers City Council Meeting Riley Purgatory Bluff Creek Watershed District presentation to the City Council Monday, April 28 5 pm Garden Room B & C Banquet -- Students, Commission members and guests invited -- Monday, May 5 7 pm Council Chambers PRNR Meeting • Veterans Memorial Statues • Annual Report • Arbor Day Proclamation • Art Center Update • Miller Park Playground Master Plan • Flying Cloud Athletic Fields update • Recreation Programs—Cost Recovery • EPCC Caterer Recommendations • Comprehensive Plan Overview • Red Rock Lake Park Play Structure • Edenbrook Nature Trail & Boardwalk—Phase II Saturday, May 17 10-2 EPCC Public Invited Community Center Grand Opening Monday, June 2 7 pm Cambria Room— PRNR Meeting • CIP 2009-2013 • Bid for Trail Overlay Projects EPCC • Community Center Membership/Marketing Update • 2009 Proposed Fees and Charges • Bid for New Sidewalk Construction Projects Tuesday, June 17 5 pm Heritage Rooms City Council Wrkshp Community Center Report and Update Monday, July 7 5:30 Purgatory Creek Lambert Pavilion Lambert Pavilion Dedication followed by bus tour of pm Park Dedication/Park Tour neighborhood parks; Dinner Provided Tuesday, July 15 7 pm Council Chamber City Council Meeting PRNR presentation to City Council Monday, Aug 4 7 pm Council Chambers PRNR Meeting • Wireless Facility at Riley Lake Park • Art Center Update • Pizza Vendors at Comm. Ctr • BAC Update • Staring Lake Amphitheatre • Veterans Memorial • Miller Park Play Area Renovations Monday, Sept 8 7 pm Council Chambers PRNR Meeting • New Student Representatives • BAC Update • Beach Update • Fastpitch Assoc Ideas • Current Parks and Trails Projects • Art Center Update Tuesday, Sept 16 7 pm Council Chambers City Council Meeting Three Rivers Park District presentation to City Council Friends of the E.P. Art Center presentation to City Council Monday, Oct 6 7 pm Council Chambers PRNR Meeting Meeting Cancelled Monday,Nov 3 7 pm Senior Center PRNR Meeting • Miller Park Barrier Free Play Area update • 2009 Meeting Dates and Topics Selection • Grand Opening Schedule • Updates on: Art Center, Community Center, Veterans Memorial, Construction Projects Monday, Dec 1 7 pm Heritage Room PRNR Meeting • Updates on: Art Center, Live Well, Miller Park, Mime night as Council Park Facility Rentals Update • Goose Dispersal Program g • Boundary Inspection • Diseased Trees • Deer Management • Mini Skate Rinks • Management and Care of Natural Amenities • Cardinal Creek Conservation Area/Watershed District Parks, Recreation and Natural Resources Commission 2009 Important Dates / Work Plan Day, Date Time I Location Group Focus Monday, Jan 5 7 pm Community PRNR Meeting Trail Assessment Report Center 2009 Projects Overview Monday, Feb 2 7 pm Council Chambers PRNR Meeting Community Center Sponsor Update 2008 CIP Project Review Volunteer Update Monday, Mar 2 7 pm Council Chambers PRNR Meeting Passport to Fun Update Ballfield Lights—Time Extension Ice Rental Review Catering Fee Update Monday, Apr 6 7 pm Council Chambers PRNR Meeting Recycling Update Parks and Recreation Work Plan Eden Prairie Promise Quality of Life Survey Results Proposed Trail Projects Outdoor Skating Rinks Update Parks and Recreation Annual Report Birch Island Play Structure Saturday, May 2 11 am Baseball Stadium Grand Opening In conjunction with Baseball Association: Pancake Breakfast in morning; Varsity Game -noon; Homerun Hitting Contest Monday, May 4 7 pm Outdoor Center PRNR Meeting Outdoor Center Update Round Lake Stadium Update Ballfield Master Lists P&R Trends Wed, May 13 1 6 pm Garden Room Banquet Board& Commission Banquet Tuesday, May 26 14:30-7:30 Art Center Grand Opening Tours, Music, Demos, Hands-on Activities Monday, June 1 7 pm Council Chambers PRNR Meeting Fitness Programs Overview (Community Ctr programs, youth programs, adult programs) Sunday, June 14 1:30 pm Staring Lake Dedication Kick-off to MN Festival of Jazz on the Prairie and Rib Fest Amphitheatre Tuesday, June 16 5:45 pm Miller Park Play Structure Council & Commission&Public invited. Music and refreshments. Grand Opening Tuesday, June 16 7 pm Council Chambers Council Meeting PRNR Presentation Monday, July 6 6:30 pm Bus Tour PRNR Meeting Park Tour—leave from City Center Monday, Aug 3 7 pm Council Chambers PRNR Meeting Meet with Conservation Commission Monday, Sept 14 7 pm Art Center PRNR Meeting Beach Use Summary Art Programs Monday, Oct 5 7 pm Council Chambers PRNR Meeting Wayfinding Update, Recycling Recap Monday,Nov 2 7 pm Council Chambers PRNR Meeting Monday, Dec 7 7 pm Council Chambers PRNR Meeting Updated 6/11/2009 CITY COUNCIL AGENDA DATE: SECTION: Reports of Advisory Commissions June 16, 2009 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.B. Jay Lotthammer, Parks and Senior Center Presentation Recreation Director Synopsis The Budget Advisory Commission recommended that the City Council examine closing the Senior Center and merging programs into the Community Center. At the May 5, 2009 City Council meeting, the Council directed staff to prepare an overview of the Senior Center operation and to report back to the City Council. Parks and Recreation Director Jay Lotthammer will give an overview of the operation along with recommendations from the Parks, Recreation and Natural Resources Commission and the Senior Advisory Council. Background After receiving a recommendation from the Budget Advisory Commission to close the Senior Center, the City Council directed staff to prepare an overview of the Senior Center operation and to report back to the City Council. As part of the research, Mayor Young, City Manager Scott Neal and Parks and Recreation Director Jay Lotthammer met with the Senior Advisory Council to hear their thoughts and ideas. Jay Lotthammer also attended a Sr. Advisory Council meeting and presented an overview of the Senior Center operation. The Senior Advisory Council wishes to pass on the following recommendation to the City Council: to continue operations of the Senior Center as a separate facility for the reasons including but not limited to: 1.) easy and low traffic access off Eden Prairie Road,parking spaces provide undemanding access to the building, accessibility within the building is accommodating for physical limitations; 2.) Senior Citizens and Customer feedback points as listed in the Senior Center power point; unique amenities and home-like atmosphere; 3.) The Senior Center has the right scale and sense of place for the Senior Citizens and community participants of Eden Prairie. Additionally, staff presented an operational overview to the Parks, Recreation and Natural Resources Commission. The commission made the following motions: MOTION: Recommend to the City Council to continue operation of the Senior Center as a separate facility for reasons including but not limited to: (1)potential short-term gains outweighed by long-term consequences and a loss of intangible benefits to the community; (2) increasing percentage of aging demographics; (3) Eden Prairie listed as one of the best places to retire and the Senior Center is an integral part of this national recognition; (4) loss of revenue opportunities if merged with the Community Center by loss of rental revenue for conference rooms, meeting rooms and other space rented by the public; and, Senior Center has a unique City Council Meeting Senior Center Presentation June 16, 2009 atmosphere and unique amenities such as the gardens, workshop and kitchen facility. The motion carried, Unanimous. MOTION: Recognize the lack of community support for closing the Senior Center and the angst to the community if the issue continues to be reviewed on an annual basis. The motion carried, Unanimous. MOTION: To thank the City Council for seeking feedback from the Parks, Recreation and Natural Resources Commission, in addressing the closing of the Senior Center. The motion carried, Unanimous. Attachments Petition from the Edendale Residents Woodchucks Mens Group Letter Petition to Stop the Closure of the Eden Prairie Senior Center We, the Residents of Edendale Residence believe that the Eden Prairie Senior Center is essential to improving and enhancing the lives of seniors in Eden Prairie. We feel it is very short sighted to close the building as the number of seniors is going to only increase in the future. With the Senior Center, the city of Eden Prairie is poised to provide services for those seniors. Moving the activities/events to the community center isn't feasible because of lack of access and space for seniors. Please reconsider closing the Senior Center. Thank you. NAME APT. # NAME APT.# -C e-�-off J510 D s0 q 74.-,.,,,a, -9/a itcg 1411dc-1-1 g 0g }. 712- , E - -1,e/- `—dG pr2 .y4( eZ 0 7 P ,e' ircl-- CO ,,)',/f-imei e2 11 I ,,,,larvia,,-_ o [ r C6. / el- o ,� Q __ i er -7 H (aNG Li09 tot -77LeteA0 tfu _ 1/ d 1-) 3 o i f c (,,,.�. %u- - ;/ g 191,t_.,c—e___- V Yo 0 / (21,,/c.,2__ &L)-14z__, 3 a --) ;./.7-a,,,,,,,,,._,( /IA, 22,,p,_d__. / 0 g--- ?irA/A/Pv& 0 c s--/ .-. . Petition to Stop the Closure of the Eden Prairie Senior Center We, the Residents of Edendale Residence believe that the Eden Prairie Senior Center is essential to improving and enhancing the lives of seniors in Eden Prairie. We feel it is very short sighted to close the building as the number of seniors is going to only increase in the future. With the Senior Center, the city of Eden Prairie is poised to provide services for those seniors. Moving the activities/events to the community center isn't feasible because of lack of access and space for seniors. Please reconsider closing the Senior Center. Thank you. NAME / APT. # NAME APT.# _ ,e/2/ / 4) '1,4")(_-, ,- ---1/ ut, 3 0 0 r f. 9 ' is �` z_ . V Mayor Philip Young and City Council members April 10,2009 City of Eden Prairie 8080 Mitchell Road Eden Prairie MN 55344 Dear Mayor and City Council In my capacity as Secretary of the Eden Prairie Woodchucks,a senior men's open discussion group,I have been asked to write you regarding the Senior Center. Our group has sessions every Friday during which times we discuss any topic. We average 12 members on a weekly basis and have a membership of 32. We want to aid your deliberation regarding the coming budget,by telling you how we feel about the Senior Center. As seniors,we regard the Senior Center as ideal. Handicapped parking is very close to the entrance with an estimated 50 feet from the car to the door of the facility. At the Senior Center all parking is close and the traffic paths in the lot are easy to navigate. We have a blind member and others that have limited mobility. We may have members that use a walker,and one recent member was confined to a wheelchair. Other members have temporary or permanent limitations. Seniors like to have events where we do all-or most of the work. Events like the Summer BBQ get us outside,where we can enjoy the surroundings and enjoy good fellowship. Seniors do nearly all the work for some of the events. At the Community Center we would have no kitchen facilities to conduct events of this type. In this category,we have the Garden Party,and the fall festival,in addition to the BBQ. We hold other events that involve significant participation by the seniors. The Iarge meeting room next to the kitchen allows us to have indoor events. We have garden plots where anyone can reserve a 20X30 foot parcel to raise vegetables or flowers. These 20 or so plots are very popular. The outside landscaping is done by one of our seniors,Charlotte Bruening,who has done an outstanding job in planting and caring for an extensive garden near the entrance to the center. Seasonal times like Thanksgiving and Christmas give us a chance to set a festive mood by decorating the center. Seniors are deeply involved in selecting and obtaining materials and decorating the facility.Faster,Independence day,Christmas and other holidays receive decorative treatment as well. Inside the Senior Center,our seniors have donated many items to make the center more a part of our daily life. Seniors have purchased and donated a large video system, moms full of fur iitaie and many other items. The walls are adorned with pictures and displays that reflect our life styles. The loss of the kitchen,the outside gardens,the easy access,the park adjacent to the center and the loss of these social events that bring us seniors together will have an impact on us. I hope you will give our comments consideration in your deliberations. Sincerely r/ cuks _ Robert Johnson, Secretary CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 16, 2009 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. Raffle Organization: H.E.A.R.T., Inc Place: Olympic Hills Golf Club Date: August 17, 2009 Solid Waste Collector Organic Disposal—Chaska, MN New On-Sale Wine with Strong Beer& 3.2 Beer On-Sale License (change from 3.2 Beer On & Off-Sale) Licensee name: Lions Tap Inc. DBA: Lions Tap Amendment to Liquor License 2AM Closing Permit- Renewal Santorini Y Not, Inc. DBA: Santorini Select Hotels Group LLC DBA: Hyatt Place Mpls/Eden Prairie Eden Prairie Jakes Inc DBA: Jake's City Grille Redstone American Grill Inc DBA: Redstone American Grill - 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda June 16, 2009 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.B. Stuart Fox, Parks and Natural Approve Contract with HTPO to Redesign Resources Manager, Parks and the Staring Lake Park East Entry, Recreation Ballfield Reconstruction and Parking Lot Adjacent to Cummins Grill Homestead Requested Action Move to: Approve a contract with HTPO for professional services to design and prepare plans and specifications for the east entry and parking area at Staring Lake Park adjacent to the Cummins Grill Homestead. Synopsis The City of Eden Prairie Parks Division obtained a proposal from HPTO to prepare plans for reconstruction of two ballfields, parking area and entry for Staring Lake Park adjacent to the Cummins Grill Homestead. Staff recommends acceptance of the proposal from HTPO in the amount of$38,000 to be paid out of funds for the upgrade of County Road 1 (Pioneer Trail). Background Information With the upgrade of Pioneer Trail roadway from two lanes to four lanes, the east parking lot entrance to Staring Lake Park on the west side of the Cummins Grill Homestead will be closed and relocated. The new park entry will be from the driveway/roadway on the east side of the homestead. This entry drive was constructed to serve Sterling Fence and Flying Cloud Business Park several years ago. In addition to a change in the entry point, the park, the two ballfields and front yard of the Cummins-Grill Homestead are being affected by the construction of the new west bound lanes of Pioneer Trail. As a result, city, county and state staff have been working for nearly three years to redesign the parking lot and ballfield layout to satisfy the conditions of a Section 106 review which was mandatory because of the historical designation of the Cummins- Grill Homestead. After nearly three years of reviewing multiple concept drawings the City received approval of a parking lot and ballfield layout plan from the State Historic Preservation Office. This concept plan (Option I)received approval of the Historical Preservation Commission and the City Council in May. As a result of the plan approval, this agreement for professional services is the next step in the process. The project timetable is to have bids ready for review and approval at the July 21st City Council meeting, with construction starting in early August. The initial estimated cost for this project is $400,000. HTPO will update their estimate once final plans and specifications are completed. Funding for this project will come from City, County and Federal funding for the Pioneer Trail roadway expansion project. Attachment Professional Services Agreement Rev. 03-21-2008 Standard Agreement for Professional Services This Agreement is made on the 16th day of June, 2009, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Hansen, Thorp, Pellinen, Olson Inc.(HTPO) a Minnesota Corporation (hereinafter "Consultant") whose business address is 7510 Market Place Drive, Eden Prairie, MN 55344. Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for the Staring Lake Park- Cummins Grill Parking Lot hereinafter referred to as the "Work". The City and Consultant agree as follows: 1. Scope of Work/Proposal. The Consultant agrees to provide the professional services shown in Exhibit "A" in connection with the Work. The terms of this standard agreement shall take precedence over any provisions of the Consultants proposal and/or general conditions. I 2. Term. The term of this Agreement shall be from May 18, 2009 through July 31, 2009, the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $ 38,000 for the services as described in Exhibit A. A. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: 1 Rev. 03-21-2008 A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. D. Owner's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. B. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services performed prior to receipt of written notice from the City of such suspension, all as shown on Exhibit A. C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described in Section 3B, and for other items when authorized in writing by the City. D. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no pad of it has been paid." 2 Rev. 03-21-2008 6. Project Manager and Staffing. The Consultant has designated Laurie Johnson and Jan Anderson to serve on the Project. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace these designated staff from the Project without the approval of the City. 7. Standard of Care. All Work performed pursuant to this Agreement shall be in accordance with the standard of care in Hennepin County, Minnesota for professional services of the like kind. 8. Audit Disclosure. Any reports, information, data, etc. given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. The Consultant shall at all times abide by Minn. Stat. 13.01 et seq., the Minnesota Government Data Practices Act, to the extent the Act is applicable to data and documents in the possession of the Consultant. 9. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the work identified in Paragraph 1. 10. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Consultant's- receipt of payment by the City for undisputed services provided by the subcontractor. if the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 11. Independent Consultant. At all times and for all purposes herein, the Consultant is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Consultant an employee of the City. 12. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The 3 Rev. 03-21-2008 Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 13. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 14. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 16. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 16. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 17. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. The Consultant and City, together with their respective agents and employees, agree to abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 18. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 19. Indemnification. Consultant agrees to defend, indemnify and hold the City, its officers, and employees harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney's fees, resulting directly or indirectly from a negligent act or omission (including without limitation professional errors or omissions) of the Consultant, its agents, employees, or subcontractors in the performance of the services provided by this Agreement and against all losses by reason of the failure of said Consultant fully to perform, in any respect, all obligations under this Agreement. 20. Insurance. A. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims for bodily injury or death, or for damage to property, including loss of use, which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum 4 Rev. 03-21-2008 coverages and limits of liability specified in this Paragraph, or required by law. The policy(ies) shall name the City as an additional insured for the services provided under this Agreement and shall provide that the Consultant's coverage shall be primary and noncontributory in the event of a loss. B. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability on this Project: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Comprehensive Liability $1,000,000 property damage per occurrence $2,000,000 general aggregate $2,000,000 Products — Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit (shall include coverage for all owned, hired and non-owed vehicles. Umbrella or Excess Liability $2,000,000 C. The Comprehensive General/Commercial General Liability policy(ies) shall be equivalent in coverage to ISO form CA 00 01, and shall include the following: a. Premises and Operations coverage with no explosions, collapse, or underground damage exclusion (XCU). b. Products and Completed Operations Property Damage coverage. Consultant agrees to maintain this coverage for a minimum of two (2) years following completion of its work. c. Personal injury with Employment Exclusion (if any) deleted. d. Standard ISO CG0001 0196 Contractual Liability coverage, or its equivalent, and a Separation of Insureds clause. e. Broad Form Property Damage coverage, including completed operations, or its equivalent. #. Additional Insured Endorsement(s) on ISO form CF 20 10 11 85, or its equivalent, naming "the City of Eden Prairie." Additional insured coverage under a July 2004 or later edition of said ISO form is not acceptable. g. If the Work to be performed is on an attached community, there shall be no exclusion for attached or condominium projects. 5 Rev. 03-21-2008 h. "Stop gap" coverage for work in those states where Workers' Compensation insurance is provided through a state fund if Employer's liability coverage is not available. Incidental Malpractice, Host Liquor Liability, and Blanket Contractual Liability insurance applicable to the Consultant's performance under this Agreement. D. Professional Liability Insurance. The Consultant agrees to provide to the City a certificate evidencing that they have in effect, with an insurance company in good standing and authorized to do business in Minnesota, a professional liability insurance policy. Said policy shall insure payment of damage for legal liability arising out of the performance of professional services for the City, in the insured's capacity as the Consultant, if such legal liability is caused by an error, omission, or negligent act of the insured or any person or organization for whom the insured is legally liable. Said policy shall provide an aggregate limit of $2,000,000. Said policy shall not name the City as an insured. E. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. In addition to the requirements stated above, the following applies to the insurance policies required under this Paragraph: a. All polices, except the Professional Liability Insurance policy, shall be written on an "occurrence" form ("claims made" and "modified occurrence" forms are not acceptable); b. All polices, except the Professional Liability Insurance policy, shall be apply on a "per project" basis; c. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall contain a waiver of subrogation naming "the City of Eden Prairie"; d. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall name "the City of Eden Prairie" as an additional insured; e. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement; and f. All polices shall contain a provision that coverages afforded there under shall not be canceled or non-renewed or restrictive modifications added, without thirty (30) days prior written notice to the City. A copy of the Consultant's insurance declaration page, Rider and/or Endorsement, as applicable, which evidences the compliance with this Paragraph 20, must be filed with City prior to the start of Consultant's Work. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal 6 Rev. 03-21-2008 certificates shall be provided to City not less than thirty (30) days prior to the expiration date of any of the required policies. City will not be obligated, however, to review such declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to enforce the terms of Consultant's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. F. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: a. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or b. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 21. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 22. Dispute Resolution/Mediation. Each dispute, claim or controversy arising from or related to this Service Agreement or the relationships which result from this Agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in 7 Rev. 03-2 t-2008 effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a Mediated Settlement Agreement, which Agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Conflicts. No salaried officer or employee of the City and no member of the Board of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. Any federal regulations and applicable state statutes shall not be violated. 25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager HTPO BY iauc a. Its: Pt'eS,`c��� 8 P I Engineering Surveying Landscape Architecture Time 2,2009 Mr.Stu Fox City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Cummins-Grill Ballfields and Parking Improvements Eden Prairie,MN Dear Stu, As requested,the following estimate for civil engineering, landscape architecture and surveying services are provided for your consideration for selected site plan Option"I". Estimate Scope of Service $5,500.00 Existing Conditions Base Map. Includes compilation of existing conditions based on City LIDAR data,Hennepin County Pioneer Trail plans,record drawings,and up to 16 hours for necessary supplemental field information,boundary verification and utility locates.- $28,000.00 Construction Documents. Plans and specifications including demolition plan, site plan, grading plan,storm sewer and infiltration basin design,phasing plan, landscape plan,Storrnwater Pollution Prevention Plan(SWPPP),watermain extension and conceptual irrigation plan, engineers estimate and permit applications to MAC/FAA, County,Watershed District, and MnPCA. 7510 Market Place Drive $3,000.00 Bid Administration. Includes plan Eden Prairie, MN 55344 distribution,answering contractors 952-829-0700 questions,preparation bid tabulation and 952-829-7806 fax letter of recommendation. www.htpo.com ------ Fox/Johnson June 2,2009 Page 2 $1,500.00 Reimbursables $38,000.00 TOTAL Fees for construction phase services have not been included in the above estimates. We assume that lighting,concrete dugouts,and scoreboards will not be included with this project,and that a geotechnical consultant,if required,will be under a separate contract directly with the City. Invoices will be submitted based on actual hours worked using our Standard Fee Schedule (see attached 2009 Fee Schedule),and reimbursable expenses incurred (printing,courier,and other out- of-house documents and fees). We will keep you informed of our work progress and the above fee estimate will not be exceeded without prior approval from your office. We invoice our services monthly payable within 30 days. Thank you for this opportunity to provide our services. Sincerely, Hansen Thorp Pellinen Olson, Inc. (17:yllue Laurie A. Johnson,P.E. Principal p 1 I Engineering•Surveying Landscape Architecture HTPO Fee Schedule (Effective January 1, 2009) Position Hourly Rate Engineer I $ 77.00 Engineer II $ 94.00 Engineer III $111.00 Engineer IV $128.00 Engineer V $139.00 Surveyor I $ 77.00 Surveyor II $ 94.00 Surveyor III $111.00 Surveyor IV $128.00 Surveyor V $139.00 Landscape Architect I $ 77.00 Landscape Architect II $ 94.00 Landscape Architect III $111.00 Technician I $ 58..00. Technician II $ 72.00 Technician III $ 86.00 Technician IV $100.00 Clerical I $ 56.00 Clerical II $ 67.00 Survey Crew (Technician I and Surveyor II) $152.00 Reimbursable expenses billed directly to the client include: • Reproduction costs • Fees for services of outside consultants (geotecluucal, traffic, wetland delineations,etc.) • Fees paid for permits and approvals of jurisdictional authorities • Costs for delivery and courier service - Documents purchased from others - Living&travel expenses for travel out of southwest metro area CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 16, 2009 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 09-5739 ITEM NO.: VIII.C. Mary Krause Approve Cooperative Agreement with Public Works/Engineering the City of Chanhassen for the Dell Road Mill and Overlay Project Requested Action Move to: Approve Cooperative Agreement with the City of Chanhassen for the Dell Road Mill and Overlay Project. Synopsis This Agreement defines the cost participation responsibilities for the overlay project on Dell Road that falls within both Eden Prairie and Chanhassen. The City of Eden Prairie will administer the project. Background Information Dell Road between TH 5 and CSAH 62 is being overlaid this year as part of the Eden Prairie 2009 Bituminous Overlay project. A portion of the southbound lanes of Dell Road lies within the City of Chanhassen. This Agreement addresses the cost participation for the Chanhassen for this portion of the project. Financial Implications The Agreement has an estimated cost of$51,536.7 to be paid by Chanhassen to Eden Prairie upon completion of the project. Attachments • Cooperative Agreement COOPERATIVE AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE AND THE CITY OF CHANHASSEN FOR THE DELL ROAD MILL AND OVERLAY PROJECT THIS COOPERATIVE AGREEMENT is entered into between the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation (hereinafter referred to as "Eden Prairie") and the CITY OF CHANHASSEN, a Minnesota municipal corporation (hereinafter referred to as "Chanhassen"),with the parties collectively hereinafter referred to as the "Cities". WHEREAS, the Cities desire to implement the design and construction of the Dell Road Mill and Overlay Project in the Cities(the"Project"); and WHEREAS, Minn. Stat. § 471.59 authorizes two or more governmental units to enter into agreements to jointly or cooperatively exercise any power common to the contracting parties or any similar power. NOW, THEREFORE, in consideration of their mutual covenants the parties agree as follows: 1. PLANS AND SPECIFICATIONS. The City of Eden Prairie has prepared plans and specifications for the Project consistent with the Cities' design standards. 2. BIDDING. Eden Prairie advertised for bids for the construction of the Project in accordance with Minnesota Law and provided Chanhassen with an analysis of the bids received. 3. CONTRACT AWARD. Eden Prairie shall prepare contract documents and enter into a contract with the approved bidder. 4. CHANHASSEN WORK. Eden Prairie's forces shall be responsible for adjusting utility rims within Chanhassen and roadway striping within Chanhassen. 5. COST ALLOCATION. Relevant project costs shall be paid by Chanhassen for all work within Chanhassen in accordance with the cost estimate prepared by the City of Eden Prairie. The estimated construction and striping costs is $51,536.71. Final costs shall be based on fmal quantities for work within Chanhassen. All costs for work within Eden Prairie shall be paid by Eden Prairie. Project costs include construction and testing costs. 6. OWNERSHIP. Each party shall own the portion of the Project located within its corporate boundaries. 7. PAYMENT. Eden Prairie will act as the paying agent for all payments to the contractor. Payments will be made as the Project work progresses and when certified by the Eden Prairie City Engineer. Eden Prairie, in turn, will bill Chanhassen for the Project costs. Upon presentation of an itemized claim by one agency to the other, the receiving agency shall 145317v02 1 RNK:05/01/2009 reimburse the invoicing agency for its share of the costs incurred under this agreement within 30 days from the presentation of the claim. If any portion of an itemized claim is questioned by the receiving agency, the remainder of the claim shall be promptly paid, and accompanied by a written explanation of the amounts in question. Payment of any amounts in dispute will be made following good faith negotiation and documentation of actual costs incurred in carrying out the work. 8. CHANGE ORDERS AND SUPPLEMENTAL AGREEMENTS. Any change orders or supplemental agreements that affect the Project cost payable by Chanhassen and changes to the plans must be approved by Chanhassen prior to execution of work. 9. RULES AND REGULATIONS. Eden Prairie shall abide by Minnesota Department of Transportation Standard Specifications rules and contract administration procedures. 10. INDEMNIFICATION. Eden Prairie agrees to defend, indemnify, and hold harmless Chanhassen against any and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement and caused by or resulting from negligent acts or omissions of Eden Prairie and/or those of Eden Prairie employees or agents. Chanhassen agrees to defend, indemnify, and hold harmless Eden Prairie against any and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement for which Chanhassen is responsible, including future operation and maintenance of facilities owned by Chanhassen and caused by or resulting from negligent acts or omissions of Chanhassen and/or those of Chanhassen employees or agents. Under no circumstances, however, shall a party 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 both parties may not be added together to determine the maximum amount of liability for either party. The intent of this paragraph is to impose on each party a limited duty to defend and indemnify each other subject to the limits of liability under Minnesota Statutes Chapter 466. The purpose of creating this duty to defend and indemnify is to simplify the defense of claims by eliminating conflicts among the parties and to permit liability claims against both parties from a single occurrence to be defended by a single attorney. 11. WAIVER. Any and all persons engaged in the work to be performed by one party to this Agreement shall not be considered employees of the other party to this Agreement for any purpose, including Worker's Compensation, or any and all claims that may or might arise out of the employment context on behalf of the employees while so engaged. Any and all claims made by any third party as a consequence of any act or omission on the part of one party's employees while so engaged on any of the work contemplated herein shall not be the obligation or responsibility of the other party. 12. AUDITS. Pursuant to Minnesota Statutes § 16C.05, Subd. 5, any books, records, documents, and accounting procedures and practices of Chanhassen and Eden Prairie relevant to this Agreement are subject to examination by Chanhassen, Eden Prairie, and either the Legislative Auditor or the State Auditor as appropriate. Chanhassen and Eden Prairie agree to maintain these records for a period of six years from the date of performance of all services 145317v02 2 RNK:05/01/2009 covered under this Agreement. 13. DATA PRACTICES ACT. The Contracting Party shall at all times abide by the Minnesota Government Data Practices Act, Minn. Stat. Section1301, et seq., to the extent that the Act is applicable to data and documents in the hands of the Contracting Party. 14. CLAIMS. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid. 15. INTEGRATION. The entire and integrated agreement of the parties contained in this Agreement shall supersede all prior negotiations, representations, or agreements between Chanhassen and Eden Prairie regarding the Project; whether written or oral. IN WITNESS THEREOF, the parties have caused this Agreement to be executed by their duly authorized officials. CITY OF EDEN PRAIRIE CITY OF CHANHASSEN BY: BY: V 6 Its Mayor Its or 1 Ir AND AND � 4, Its City Manager Its City Manager • 145317v02 3 RNK:05/01/2009 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 16, 2009 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 09-5749 ITEM NO.: VIII.D. Randy Newton Approve Plan and Specifications and Public Works/Engineering Order Advertisement for Bids for the Flying Cloud Drive Trail Improvements Requested Action Move to: Adopt resolution approving plans and specifications and ordering advertisement for bids for I.C. 09-5749, Flying Cloud Drive Trail Improvements. Synopsis With the assistance of HTPO, Inc. the Engineering Division has prepared plans and specifications for the Flying Cloud Drive Trail Improvements. Construction of the project is planned to occur between August and October of this year. Background Information The Flying Cloud Drive Trail improvements include the construction of new trail facilities in the following locations: • East side of Flying Cloud Drive between Singletree Lane and West 78th Street. • East side of Flying Cloud Drive between Anderson Lakes Parkway and the south end of Summit Place. • West side of Flying Cloud Drive between Prairie Center Drive and Technology Drive (excluding the segment between Regional Center Road and Singletree Lane which will be constructed as part of the Windsor Plaza development). Each of these trail segments completes a gap in the City's trail system and will significantly improve the walkability of the Flying Cloud Drive corridor. The project has also been expanded to include the reconstruction of the trail on the north side of West 78th Street between Flying Cloud Drive and Prairie Center Trail. Staff is currently working on obtaining all the necessary easements to complete this work. Depending on how this process proceeds over the next 11/2 to 2 months it may ultimately be necessary to eliminate or delay construction of a portion of the proposed trail. Financial Implications The current total project cost estimate is $870,000. The total project cost has increased from the original $700,000 estimate because of the inclusion of the trail along West 78th Street and due to the anticipated increase in cost of the easement acquisition. Proceeds from the trail/sidewalk element of the Park Bond Referendum are the primary source of funding for the project. In addition, Hennepin County has recently agreed to contribute $200,000 in funding to the project. Approximately$60,000 of the Trail Improvement Fund will also be used to fund the reconstruction of the West 78th Street trail. Attachments • Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2009- A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR FLYING CLOUD DRIVE TRAIL IMPROVMENTS I.C. 09-5749 WHEREAS, the City Engineer, with the assistance of HTPO, Inc., has prepared plans and specifications for the following improvements to wit: I.C. 09-5749—Flying Cloud Drive Trail Improvements and has presented such plans and specification to the Council for approval. NOW, THEREFORE,BE IT RESOLVED by the Eden Prairie City Council: 1) That said plans and specifications, a copy of which is on file for public inspection in the City Engineer's Office, are hereby approved. 2) That the City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for three weeks, shall specify the work to be done, shall state the date and time that the bids will be publicly opened and the City County meeting at which they will be considered. No bids will be considered unless sealed and filed with the Engineering Division and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City of Eden Prairie for 5% (percent) of the amount of such bid. ADOPTED by the Eden Prairie City Council on June 16, 2009. Phil Young, Mayor ATTEST: SEAL Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda June 16, 2009 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C.# 02-5585 ITEM NO.: VIII.E. Leslie Stovring Approve the Annual Report for the Phase Public Works/Environmental II NPDES Storm Water Permit Program Requested Action Move to: Approve the Annual Report for the Phase II NPDES Storm Water Permit Program Synopsis The City of Eden Prairie is required to submit an Annual Report to the Minnesota Pollution Control Agency documenting how the City progressed on the Best Management Practices (BMPs) outlined in our Stormwater Pollution Prevention Plan(SWPPP). Background Information The City's SWPPP was developed in April 2003 and revised in June 2006. The SWPPP provides a series of Best Management Practices (BMPs) which the City must undertake to assist in improving water quality within the City. The Annual Report provides the MPCA with the actions that the City took during the year to meet the goals outlined in our BMPs. The Annual Report will be posted on the Environment & Water Resources section on the City's web site along with the SWPPP and BMP Summary Sheets. There are a large variety of actions the city must take to meet their obligations under the stormwater permit program. Actions taken in 2008 to meet these objectives included items such as: • Adopt a Street—Twenty-one groups participated in the program in 2008. • Annual City Clean Up Day—approximately 850 residents attended the event • Annual Public Meeting — The public meeting was held at the April 14, 2009 Conservation Commission meeting. No comments were received during the public comment period. • Build Your Own Rain Barrel Workshop — Provided a rain barrel workshop that included information on how to manage stormwater runoff from your property. • Chamber of Commerce Yard & Garden Expo—Worked with the Chamber to add environmental messages and educational experiences for kids to the Expo. • City Managers Blog— Posted an article discussing the incident of blue paint being washed into the stormwater system from workers who were cleaning their paint buckets and brushes at a neighboring business. • City Open House — Set up and staffed an environmental booth at the Water Treatment Plant to provide information on stormwater. The"Rubber Ducky"video was shown at the event. • Citizen Assisted Monitoring Program (CAMP)—volunteers monitored Mitchell and Riley Lakes • Compost Bin Sales Event — Worked with Hennepin County to promote a compost bin distribution event. Eden Prairie residents ordered a total of 89 bins. • Education Coordination — Held a tour of the water treatment plant and exterior garden and wetland restoration areas with the Nine Mile Creek Citizen's Advisory Commission. City staff also participated in the District's annual watershed tour. • Environmental Learning Center — Developed a new outdoor educational sign for the Water Treatment Plant entrance discussing water conservation in our yards. The sign will be installed in June 2009. • "Environmental Times"—The newsletter was inserted in spring and winter utility bills • `Environmental Times Supplement: Water Quality & You"—The mailer was developed to send to residents around stormwater ponds • Goose Management — Started a volunteer program to harass or disperse geese in Eden Lake Park. This park has a large fall migration population that cannot be addressed using traditional management measures. The program will be continued in 2009 to determine effectiveness. • Let's Keep it Clean education program — Assisted in developing advertisements for local and regional media outlets and continued use of the "Fishbowl: Plop the Fish" and "Rubber Ducky" videos for educational events and on local cable television. For example, the Fishbowl video was shown more than 13,000 times on local cable. • "Life in the Prairie" — Included articles on topics such as the Clean Up day, "Adopt-a-Street" and others. • Metro Children's Water Festival—Participated in the annual educational festival which provides educational opportunities to approximately 1,500 fifth grade students on one day in September. The Festival is designed to provide students with hands-on opportunities to learn about water and its importance to people and the natural environment. • Municipal Cities Stormwater Coalition — Participated in the coalition of cities and townships that are required to have a Stormwater Permit by the Pollution Control Agency. This group provides information to cities on items such as annual report requirements, upcoming legislative changes, nondegradation of waters and general information on the stormwater permit program and how it will continue to impact city programs. • "Neighborhood Notes" — Distributed to residents within the Anderson, Birch and Bryant Lake watersheds for the Nine Mile Creek Water Quality Improvement Project in Spring 2008. • Pond & Lake Care Seminar—Held an educational seminar on May 17th for residents on how to care for and treat their local ponds and lakes. Forty-six residents attended the seminar. • Pond Inspections—Inspected approximately 160 of 807 known ponds and wetlands. • Street Sweeping—A total of 2,872 yards of material were swept from city streets in 2008. • Volume Control - Completed a streambank erosion stabilization project for a portion of Purgatory Creek immediately south of Riverview Road. • Wellhead Protection Program — A number of educational brochures were developed and distributed to provide education on topics such as how to properly abandon drinking water wells or septic systems. • Wetland Health Evaluation Program—Twelve volunteers monitored 4 wetlands Attachments • Annual Report ANNUAL REPORT for 2008 MUNICIPAL SEPARATE STORM SEWER SYSTEMS (MS4s) Reporting period January 1, 2008 to December 31, 2008 Due June 30, 2009 USE OF THIS FORM IS MANDATORY: By completing this Annual Report form, you are providing the Minnesota Pollution Control Agency (MPCA) with a summary of your status of compliance with permit conditions, including an assessment of the appropriateness of your identified best management practices (BMPs) and progress towards achieving your identified measurable goals for each of the minimum control measures as required by the MS4 Permit. If an MS4 determines that program status or compliance with the permit cannot be adequately reflected within the structure of this form additional explanation and/or information may be referenced in an attachment. This form has significant limitations and provides only a snap shot of MS4 compliance with the conditions in the Permit. After reviewing the information MPCA staff may need to contact the MS4 to clarify or seek additional information. MPCA enforcement policy is to provide the opportunity to respond to any alleged violations before any enforcement action is taken. Submit your annual report by June 30,2009 to: Minnesota Pollution Control Agency Municipal Division 520 Lafayette Road North St. Paul,MN 55155-4194 This Annual Report may be submitted electronically via email to the MPCA MS4 Program mailbox: ms4permit@pca.state.mn.us. If submitting electronically, this form must be sent via email from the person that is duly authorized to sign this form under the Owner/Operator Certification section. A confirmation email will be sent in response to electronic submissions. If you would like to obtain an electronic copy of the MS4 Annual Report for 2008 form,please visit: www.pca.state.mn.us/water/stormwater/stormwater-ms4.html. If you have further questions,please contact one of these MPCA staff members (call toll-free 800-657-3864). Note new numbers effective November 2008: • Keith Cherryholmes 651-757-2270 • Joyce Cieluch 218-846-7387 • Scott Fox 651-757-2368 • Amy Garcia 651-757-2377 Eden Prairie City MS4 Name of MS4 Leslie Stovring Name of Contact Person 952-949-8327 Telephone (including area code) 8080 Mitchell Rd Mailing Address Eden Prairie Eden Prairie Eden Prairie City City City wq-strm4-06 Page 1 of 10 12/08 Minimum Control Measure 1: Public Education and Outreach [V.G.1] The permit requires each MS4 to implement a public education program to distribute educational materials to the community or conduct equivalent outreach activities about the impacts of stormwater discharges on water bodies and steps that the public can take to reduce pollutants in stormwater runoff. [Part V.G.1.a] NOTE: Please indicate which of the following distribution methods you used during the 2008 calendar year. Indicate the number distributed in the spaces provided(enter"0"if the method was not used or"NA"if the data does not exist):: MEDIA TYPE NUMBER OF MEDIA NUMBER OF TIMES CIRCULATION/ PUBLISHED AUDIENCE Brochures: Building Dept. Brochure(stormwater management As needed—given with permit 124 permits issued requirements) applications Shoreland Restoration & Rain Garden Rebate As needed (March—August About 100 Brochure 2008) Annual Events -Provided information on clean ups, April—July About 2,500 stormwater management workshops,etc. and was distributed at events,on web site and at City office counters Threats to Our Drinking Water As needed NA Wellhead Protection Information As needed NA Environmental Times Supplement Mailed to neighborhoods on About 100 (Summer 2008) request and at Engineering counter City Newsletter Related articles published in May 2008 and July Once each time About 51,000 total (Life in the 2008. The Life in the Prairie is typically inserted July issued mailed individually (May 12,000 and July Prairie): into the local Eden Prairie News. —39,000) Posters: 0 0 0 Newspaper articles: Sun Current(Southwest News) 7/30/2008 NA Pond Cleanup article Eden Prairie News—Articles concerning annual 3/29/2008 and 4/3/2008 About 12,000 each public meeting Eden Prairie News-Upcoming Events(i.e. 4/3/2008 About 12,000 raingarden workshops, park clean up,etc.) Star Tribune—"A Whole New Way for a Lawn to be 5/13/2008 West Metro Section Green" discussed Eden Prairie raingarden and shoreland restoration programs City ManagerBlog "A Blue Creek" (regarding a paint release into the Once NA stormwater system) City Intranet "Please Recycle"—4/29/2009 Once About 250 (Employees) "It is Easy Being Green"—6/25/2008 Once About 250 Utility bill inserts: Spring&Winter 6 months(3 months each) About 19,000 each Radio ads: 0 0 0 Television ads: Fishbowl PSA About 13,000 times Cable Inflow and Infiltration News brief 270 times Cable Other: Compost Bin Promotion posted online March &April 89 bins to EP residents Other: New Resident Packets As needed 841 new resident packets distributed wq-strm4-06 Page 2 of 10 12/08 If you use a stormwater Web site as a tool to distribute stormwater educational materials: What is the URL: http://www.edenprairie.org/vCurrent/live/article.asp?r=1808 How many hits to the stormwater page during 2008: Environment&Water Resources (Main Water Resources Page)—1,188 hits Stormwater Page—454 hits Water Quality Page—865 hits Wetlands & Ponds Page—250 hits Garbage & Recycling Main Page—3,213 hits Did you hold stormwater-related events,presentations to schools or other such activities? ® Yes n No If yes,please describe: Chamber of Commerce Home, Landscape &Garden Everything Expo—Conservation Commission had 2 booths. Also paid for a workshop on Raingarden Construction. Purchased Blue Thumb Guides for Raingardens for all participants at the workshop and for those applying for raingarden construction rebates (70). —3/8/2008 (The Expo had about 1,200 participants and 100 vendors). Pond and Lake Care Seminar—5/17/2008 (about 46 participants) Build Your Own Rain Barrel Workshop—6/28/2008 (18 participants) Goose Dispersal Trial Program—Fall 2008 (9 participants) City Open House—10/11/2008—Set up an Environmental Resources booth at the Water Treatment Plant (160 residents participated at the water plant) Residential Survey (Decision Resources, Ltd.)—Questions were added regarding how information is distributed to residents, stormwater management and water quality. Example responses include: 80%of residents read the local newspaper(in which the City Newsletter is now inserted monthly), of these 87% read the City Newsletter(Life in the Prairie) and 88%felt the newsletter content was good to excellent 68%subscribe to cable television, of these 23%watch the local access channel occasionally and 20% rarely 32%stated they read the information in their utility bills 4% researched the web site to find information 60%thought the City was doing just right for water quality protection in our lakes and ponds 88%stated they rake leaves and grass clippings from their yard 79%stated they do not use phosphorus-containing fertilizer on their yard 74%stated that the City needs to take a more active role in preserving open spaces, parkland and wetland areas 74%stated they support or strongly support continued improvement of Round Lake's water quality A. What stage of development would you assign to each area of your stormwater education program? (If there are multiple components for a Minimum Control Measure (MCM) check the one box that most accurately reflects the overall stage for that MCM). You may include an attachment if further explanation is desired. MCM 1: n Not started n Research n Development n Early Implementation ® Program in place MCM 2: n Not started n Research n Development n Early Implementation ® Program in place MCM 3: n Not started n Research n Development n Early Implementation ®Program in place MCM 4: n Not started n Research n Development n Early Implementation ®Program in place MCM 5: n Not started n Research n Development n Early Implementation ® Program in place MCM 6: n Not started n Research n Development n Early Implementation ® Program in place wq-strm4-06 Page 3 of 10 12/08 B. Have you developed partnerships with other MS4s,watershed districts,local or state governments, ® Yes No educational institutions, etc. to assist you in fulfilling the requirements for Minimum Control Measure 1? C. List those entities with which you have a partnership to meet the requirements of this MCM and describe the nature of the agreement(s) (list if level of effort exceeded 10 hours): Metro Watershed Partners- Let's Keep it Clean Campaign and State Fair booth Hennepin County Environmental Services—Wetland Health Evaluation Program (WHEP) and Recycling/Solid Waste Management publications and promotions League of Minnesota Cities—Minnesota Cities Stormwater Coalition (MCSC) Minnesota Dept.of Natural Resources(DNR)/Mitchell Lake Association—Review plans and act as fiscal agent for a Shoreland Restoration Grant the Association received from the DNR Stormwater Steering Committee: Education Workgroup Metropolitan Council—Citizen-Assisted Monitoring Program (CAMP) Metro Children's Water Festival—volunteer(9/24/2008) Minimum Control Measure 2: Public Participation/Involvement [V.G.2] A. Did you hold a public meeting to present accomplishments for calendar year 2008 and to discuss 171 Yes No your Stormwater Pollution Prevention Program(SWPPP)? [Part V.G.1.e] If no, explain: B. What was the date of the public meeting? April 14, 2009 C. How many citizens attended specifically for stormwater(excluding board/council members and staff/hired consultants)? None—only Conservation Commission members attended D. Was the public meeting a stand-alone meeting for stormwater or was it combined with some other n Stand-alone function such as a City Council meeting? 171 Held during the Conservation Commission Meeting Combined E. Each MS4 must receive and consider input from the public prior to submittal of your annual report. Yes ® No Did you receive written and/or oral input on your SWPPP? [Part V.G.2.b.1-3]. F. Have you revised your SWPPP in response to comments received from the public in calendar year Yes No 2008 or early 2009 (if meeting held in 2009)? [Part V.G.2.c] If yes, describe.Attach a separate sheet if necessary: wq-strm4-06 Page 4 of 10 12/08 Minimum Control Measure 3: Illicit Discharge Detection and Elimination [V.G.3] The permit requires MS4s to develop, implement and enforce a program to detect and eliminate illicit discharges as defined in 40 CFR 122.26(b)(2)in your SWPPP. You must also select and implement a program of appropriate BMPs and measurable goals for this minimum control measure. A. Have you completed a storm sewer system map in accordance with the requirements of the permit? Fl Yes nNo (MPCA assumes that completed maps will still need updates and corrections as changes occur). If yes, describe the form in which the map is available: ❑ Hardcopy only® GIS system (ArcViewTT1 ❑ CAD ❑ Other system: If no, please explain: NOTE: The storm sewer system map was to be completed by June 30,2008. [Part V.G.3.a] B. Has an ordinance or other regulatory mechanism been adopted to prohibit illicit discharges or other 17 Yes No non-stormwater discharges from entering your system? Provide the date for the most relevant part of the regulatory mechanism that was adopted or estimated date of adoption: The primary source is in our Land Use Regulations, Chapter 11.03: Establishment of District,Special Requirements& Performance Standards, Subd.4—Performance Standards (Adopted Sept. 30, 2004)and State Plumbing Code requirements(Minnesota Rules 4715.0200) C. Have you completed the tasks associated with the schedule listed on BMP Summary Sheet 3c-1 in N Yes No your program for illicit discharge detection and elimination? (attach additional information if needed) Indicate the status of development for tasks associated with BMP Summary Sheet 3c-1: n Not started n Research n Development ® Implementation n Program in place D. Have you completed the tasks associated with the schedule listed on BMP Summary Sheet 3d-1 for ® Yes ❑ No your Public and Employee Illicit Discharge Information Program? Indicate the status of development for tasks associated with BMP Summary Sheet 3d-1: ['Not started ❑ Research ❑ Development ® Implementation ❑ Program in place wq-strm4-06 Page 5 of 10 12/08 Minimum Control Measure 4: Construction Site Stormwater Runoff Control [V.G.4] The permit requires that each MS4 develop,implement, and enforce a program to reduce pollutants in any stormwater runoff to your small MS4 from construction activities within your jurisdiction that result in a land disturbance of equal to or greater than one acre,including the disturbance of less than one acre of total land area that is part of a larger common plan of development or sale if the larger common plan will ultimately disturb one or more acres(include if your MS4 established a smaller site size). [Part V.G.4.] A. Have you adopted an ordinance or other regulatory mechanism that regulates stormwater runoff from ® Yes n No construction activities that results in a land disturbance of greater than or equal to one acre and/or less than one acre that is part of a common plan of development or sale that will ultimately disturb one acre or more? NOTE: Your regulatory mechanism must be fully developed and implemented within six months from the extension of permit coverage. B. A complete copy of your erosion and sediment control ordinance or other regulatory mechanism ®Yes ❑ No addressing the requirements of Part V.G.4 of the Permit must be submitted with this Annual Report. This documentation may be submitted in hard copy, as a separate electronic file, or electronically attached to this Annual Report. Have you submitted a copy of your erosion and sediment control ordinance or other regulatory mechanism? Check here if you have No Regulatory Authority❑ C. The following are among the criteria used to evaluate the effectiveness of this program. Which of the following BMP components and pollution prevention management measures have been incorporated into your regulatory mechanism? Check all that apply and include a citation for each checked measure outlining specifically where it can be located in the documents submitted with this Annual Report. If you are utilizing the "Other Regulatory Mechanism" option, please respond in the same manner and follow the above submittal procedures. Citation(Ordinance,Rule, Statute,Code,MOU, or other official agreement,page#,paragraph, line item, or other BMP Component/P2 Measure reference) ® Temporary erosion controls Section 11.55 Subd. 5.E. Record keeping for rainfall Not required ® Record keeping for inspections Section 11.55 Subd. 8 and in our Development Agreements ® Permanent erosion controls Section 11.55 Subd. 5.C./5.E. /5.F. ® Waste controls for hazardous waste Section 11.55 Subd. 5.R. ® Waste controls for solid waste Section 11.55 Subd. 5.R. ® Dewatering and basin draining Section 11.55 Subd. 5.P. ® Regular inspections by site operators Section 11.55 Subd. 7.D. ® Site plan submittal including erosion and sediment Section 11.55 Subd. 6.E./6.H.. control BMPs ® BMP maintenance Section 11.55 Subd. 7.D. ® Site plan review and approval prior to activity on site Section 11.55 Subd. 7 ® Permanent stormwater management facility approval Section 11.55 Subd. 5.L. ® Other: Tracking and Spilling Section 11.55 Subd. 5.0. wq-strm4-06 Page 6 of 10 12/08 D. Your ordinance or regulatory mechanism must include sanctions to ensure compliance and contain enforcement mechanisms. Which of the following enforcement mechanisms are contained in your ordinance or regulatory mechanism? Check all existing and added sanctions for 2008. Include with each checked measure a citation outlining where each mechanism can be located in the documents submitted with this Annual Report. Citation(Ordinance,Rule, Statute,Code,MOU,or other official agreement,page#,paragraph, line item, or other Enforcement Mechanism reference) n Verbal warnings ® Written warnings Section 11.55 Subd. 9 ® Stop-work orders [' Fines ® Forfeit of security bond money Section 11.55 Subd. 9 and Subd. 12 n Withholding of certificate of occupancy ® Other: Withholding of Building Inspections Section 11.55 Subd. 9 E. Identify which of the following types of enforcement actions you used for construction activities during the reporting period, indicate the number of actions or note those for which you do not have authority: Number of actions El Yes Notice of violation #0 No Authority❑ El Yes Administrative fines #0 No Authority❑ ® Yes Stop Work Orders #2 No Authority❑ ❑ Yes Civil penalties #0 No Authority❑ [' Yes Criminal actions #0 No Authority❑ El Yes Administrative orders #0 No Authority F. Does your regulatory mechanism address the regulation of construction sites which disturb less than 171 Yes No one acre? If yes please cite where this is addressed in the documents submitted with the Annual Report: Section 11.55, Subd. 5 G. How many construction sites were inspected for compliance with your erosion and sediment control _7 regulatory mechanism during the 2008 calendar year H. On average, how many times each, or with what frequency, are construction sites inspected Bi-weekly or after (e.g.,weekly,monthly, etc.)? 0.5 inch rainfall Section 11.55 Subd. 8.D. and Developer's Agreement conditions. The Contractor is required to do all regular inspections and enter reports into our PermiTrack system per the Developer's Agreement that is signed for a development project. I. Do you prioritize certain construction sites for more frequent inspections? ®Yes n No If yes,based on what criteria? Steep slopes,wetlands or other critical resources wq-strm4-06 Page 7 of 10 12/08 Minimum Control Measure 5: Post-construction Stormwater Management in New Development and Redevelopment [V.G.5] 1 The permit requires each MS4 to develop, implement, and enforce a program to address stormwater runoff from new development and redevelopment projects within your jurisdiction that disturb an area greater than or equal to one acre, including projects less than one acre that are part of a larger common plan of development or sale that discharge into your small MS4. Your program must ensure that controls are in place that would prevent or reduce water quality impacts. You must also select and implement a program of appropriate BMPs and measurable goals for this minimum control measure. NOTE: The MS4 permit requirements associated with this minimum control measure were required to be fully developed and implemented by June 30, 2008. A. Have you developed and implemented strategies which include requirements for a combination of ® Yes n No structural and/or non-structural BMPs appropriate for your community? Section 11.55 Subd. S.L. and Subd. 6.H. Requirements are also listed within our Local Water Management Plan (LWMP)which was revised in 2008 and adopted by the City Council in December 2008. B. Is an ordinance or other regulatory mechanism currently in place to address post-construction runoff ® Yes ❑ No from new development and redevelopment projects to the extent allowable under law? Provide the date the regulatory mechanism was adopted or estimated date of adoption: Feb. 7, 2006. C. Is a plan in place to ensure adequate long-term operation and maintenance of BMPs installed as a result ® Yes n No of these requirements? City Code Section 11.55 Subd. 8.E. and 8.F. D. How are you funding the long-term operation and maintenance of your stormwater management system? (Check all that apply) ❑ Grants ® Stormwater utility fee ❑ Taxes ❑ Other: wq-strm4-06 Page 8 of 10 12/08 Minimum Control Measure 6: Pollution Prevention/Good Housekeeping for Municipal Operations [V.G.6] The permit requires each MS4 to develop and implement an operation and maintenance program that includes a training component and has the ultimate goal of preventing or reducing pollutant runoff from municipal operations. Your program must include employee training to prevent and reduce stormwater pollution from activities such as park and open space maintenance, fleet and building maintenance,new construction and land disturbances, and stormwater system maintenance. A. Is your MS4 current on development of all the BMPs listed in the BMP Summary Sheets for MCM 6 as ®Yes No indicated in the timeline/implementation schedules? If no, explain: B. Indicate the total number of structural pollution control devices(for example-grit chambers, sumps, floatable skimmers, etc)within your MS4,how many were inspected,and calculate the percent inspected. Enter"0"if your MS4 does not contain structural pollution control devices or"NA"if the data does not exist: Total Number Number Inspected Percentage Structural Pollution Control Devices: 635 635 100% C. Did you repair,replace,or maintain any structural pollution control devices? F<Yes No 157 structures were serviced and 237 yards of material were removed. D. For each BMP below, indicate the total number within your MS4,how many of each BMP type were inspected, and calculate the percent inspected: Structure/Facility Type Total Number Number Inspected Percentage Outfalls to receiving waters 1163 275 24% Sediment basins/ponds 819 113 * 14% TOTAL 1982 388 20% * Our goal in 2008 was to capture a minimum of 20%of our outfalls for the inventory. The number of ponds and basins evaluated was based on this inventory method. The City will evaluate this program in 2009 and adjust the schedule accordingly to ensure that a larger percentage of basins are inventoried in 2009. The City will be evaluating our Water Body Inventory in 2009 to determine which ponds are under drainage and utility easements or on public property. Ponds and outfalls which are inaccessible will also be determined. This will reduce the number of ponds in our inspection program starting in 2010. Section 7: Impaired Waters Review The permit requires that any MS4 that discharges to a Water of the State which appears on the current U.S. EPA approved list of impaired waters under Section 303(d) of the Clean Water Act review whether changes to your SWPPP may be warranted to reduce the impact of your discharge [Part IV.D] A.MPCA has provided an MS4 Mapping tool which provides information for compliance with the permit and water quality rules. It can also help MS4 staff and stakeholders view relationships between an MS4 and various other water features in the layers including impaired waters. Please go to the MS4 Mapping tool located at http://www.pca.state.mn.us/water/stormwater/stormwater-ms4.html by clicking on"MS4 mapping tool"under"Maps of MS4s"and rate this web mapping tool for its usefulness in helping you identify impaired waterbodies your MS4 may discharge to, including impaired waters as defined on the 303d listing(This request is optional) : n Not Useful at all ® Somewhat Useful n Useful ❑Very Useful n Other: Check here if your MS4 has no impaired waters: ❑ Additional Comments on the MS4 Mapping Tool can be emailed to:paul.leegard@pca.state.mn.us wq-strm4-06 Page 9 of 10 12/08 Section 8: Additional SWPPP Issues A. Did you make a change to any identified BMPs or measurable goals in your SWPPP since your last Yes X No report? [Part V.H.] If yes, explain: B. Briefly list the BMPs using their unique SWPPP identification numbers you have changed in your SWPPP or any measurable goals that will be changed in your updated SWPPP, and why they have changed: (Attach a separate sheet if necessary) BMP 6b-7: The City evaluated the inspection schedule in 2008 for our sumps and other stormwater structures. The Utility Department completed an analysis and has developed an inspection and cleaning schedule based on past observations. All sumps will be inspected at least once every other year. BMP 1d-1: The City will be evaluating the partnership with the Let's Keep it Clean Campaign sponsored by the Watershed Partners in 2009 to determine if continued funding is warranted. The City will look to develop opportunities that are locally-based for education coordination. C. Did you rely on any other entities (MS4s, consultants or contractors)to implement any portion of 7 Yes No your SWPPP?If yes, please identify them and list activities they assisted with: St. Croix Environmental, Inc.—Wellhead Protection Plan implementation and updates SRF Consulting Group/Minnesota Native Landscapes—Streambank Restoration projects (Non- Degradation Plan Implementation) Wenck Associates, Inc.—Nondegradation Plan preparation Owner or Operator Certification• The person with overall administrative responsibility for SWPPP implementation must sign the annual report. This person must be duly authorized and should be the person who signed the MS4 permit application or a successor. I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete(Minn. R. 7001.0070). X Authorized Signature (This person must be duly authorized Date to sign the annual report for the MS4. Electronic submissions must be sent from this person's email address to qualify for Authorized Signature status) Neal Scott City Manager Last Name First Name Title 8080 Mitchell Road Mailing Address Eden Prairie MN 55344 City State ZIP code 952-949-8300 sneal@edenprairie.org Telephone(include area code) E-mail Address wq-strm4-06 Page 10 of 10 12/08 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 16, 2009 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.F. Office of City Manager Election Equipment Contract with Hennepin Kathleen Porta, City Clerk County, City of Eden Prairie and School District 272 Requested Action Approve the election equipment contract between Hennepin County, City of Eden Prairie and School District 272. Synopsis The purpose of the contract is to allow School District 272 to use election equipment from the City of Eden Prairie for the 2009 School District election. Hennepin County owns the election equipment and has leased it to the City. Attachment Contract Agreement No. A052244 HENNEPIN COUNTY, INDEPENDENT SCHOOL DISTRICT #272 AND THE CITY OF EDEN PRAIRIE CONSENT OF ASSIGNMENT OF CONTRACT NO.A090759 THIS AGREEMENT, made by and between the COUNTY OF HENNEPIN, the INDEPENDENT SCHOOL DISTRICT # 272 AND THE CITY OF Eden Prairie, all political subdivisions of the State of Minnesota, hereinafter referred to as the "County", the "School District" and "City" respectively. For purposes of this Agreement, the address of the County is A2300 Government Center, Minneapolis, MN 55487, the address of the City is 8080 Mitchell Road Eden Prairie MN 55344 and the address of the School District is 8100 School Road Eden Prairie MN 55344 WITNESSETH WHEREAS, the Hennepin County Board of Commissioners in Resolution Number 99-6-426 authorized the purchase of election equipment for a countywide optical scan voting system, election hardware and services through the State of Minnesota Cooperative Purchasing Agreement; and WHEREAS, the County has leased some of this election equipment to the City of Eden Prairie; and WHEREAS, the County pursuant to Minn. Stat. § 383B.145, Subd. 9 may transfer County property from the City to the School District for the School District's use; and WHEREAS, the County desires to lease Election Equipment to the School District for use at the 2009 School District general and/or special elections; and NOW THEREFORE, in consideration of the mutual undertakings and agreements hereinafter set forth, the County, the City and the School District agree as follows: Section 1 SCOPE OF AGREEMENT 1.1 The County hereby leases to the School District at the cost identified below and subject to the terms and conditions of this Agreement, and the School District hereby agrees to lease from the County Election Equipment identified as: four (4) Model 100 Optical Scan Precinct Count Units including eight (8) PCMIA memory cards, four (4) Model 100 metal ballot boxes , four (4) Model 100 cover carry cases, five (5) AutoMARK Voter Assist Terminals, six (6) 256mb flashcards and five (5) ES&S AutoMARK tables (hereinafter "Election Equipment") for polling places contained within the School District. 1.2 Subject to the terms and conditions of this Agreement, the parties may agree by written addendum executed by all the parties to increase or decrease the County Election Equipment included within the scope of this agreement. Hennepin County hereby delegates authority to execute such an addendum to the County Auditor. Section 2 OWNERSHIP 2.1 The City and the School District acknowledge that the County owns the Election Equipment and that the School District is authorized to use said Election Equipment for official election related purposes. Use of the Election Equipment for any other purpose is strictly prohibited absent express written consent of the County. The School District acknowledges that is has no right to modify the Election Equipment. 2.2 The School District acknowledges and agrees that the Election Equipment may contain proprietary and trade secret information that is owned by Election Systems and Software (ES&S) and is protected under federal copyright law or other laws, rules, regulations and decisions. The School District shall protect and maintain the proprietary and trade secret status of the Election Equipment. Section 3 HANDLING OF EQUIPMENT AND INDEMNIFICATION 3.1 The School District shall be responsible for the Election Equipment while it is in the possession of the School District. The School District either through insurance or a self-insurance program shall be responsible for all costs, fees, damages and expenses including but not limited to personal injury, storage, damage, repair and/or replacement of the Election Equipment while this contract is in effect, consistent with the School District's defense and indemnity obligations contained in Section 5.6 herein. 3.2 The School District and the City agrees to abide by all applicable State and Federal laws and regulations, including but not limited to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, concerning the handling and disclosure of private and confidential information about individuals and/or data made non-public by such laws or regulations. Section 4 TERM, TERMINATION 4.1 The City, the School District and the County agree that this Agreement is in effect during the period commencing upon signature by the County and terminating when the School District returns the equipment to the City or December 31, 2009, whichever is sooner. 4.2 The City, the School District and the County agree that this Agreement may be terminated by the City or the County with sixty days notice, if the City or County require use of the machines for an election. Section 5 OTHER TERMS AND CONDITIONS 5.1 No Waiver. No delay or omission by any party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof unless the same is consented to in writing. A waiver by any of the parties hereto of any of the covenants, conditions, or agreements to be observed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained. All remedies provided for in this Agreement shall be cumulative and in addition to, and not in lieu of, any other remedies available to any party at law, in equity, or otherwise. 5.2 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 5.3 Entire Agreement. This Agreement constitutes the entire agreement between the parties, and there are no understandings or agreements relative hereto other than those that are expressed herein. No change, waiver, or discharge hereof shall be valid unless in writing and executed by both parties. 5.4 No Assignment. None of the parties shall assign, sublet or transfer this Agreement, either in whole or in part, without the prior written consent of all of the other parties, and any attempt to do so shall be void and of no force and effect. 5.5 THE SCHOOL DISTRICT AGREES THAT THE COUNTY IS FURNISHING THE ELECTION EQUIPMENT ON AN "AS IS" BASIS, WITHOUT ANY SUPPORT WHATSOEVER, AND WITHOUT REPRESENTATION OR ANY EXPRESS OR IMPLIED WARRANTIES, OTHER THAN THOSE PROVIDED BY ES&S, INCLUDING BUT NOT IN ANY MANNER LIMITED TO, FITNESS FOR PARTICULAR PURPOSE, MERCHANTABILITY OR THE ACCURACY AND COMPLETENESS OF THE ELECTION EQUIPMENT. THE COUNTY'S AND THE CITY'S SOLE LIABILITY AND THE SCHOOL DISTRICT'S EXCLUSIVE REMEDY FOR ANY SUBSTANTIAL DEFECT WHICH IMPAIRS THE USE OF THE ELECTION EQUIPMENT FOR THE PURPOSE STATED HEREIN SHALL BE THE RIGHT TO TERMINATE THIS AGREEMENT. THE COUNTY DOES NOT WARRANT THAT THE ELECTION EQUIPMENT WILL BE ERROR FREE. THE COUNTY DISCLAIMS ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, RESPECTING THIS AGREEMENT OR THE ELECTION EQUIPMENT. 5.6 In no event shall the County or the City be liable for special, incidental, consequential damages (even if the County has been advised of the possibility of such damage) or loss of profit, loss of business or any other financial loss or any other damage arising out of performance or failure of performance of this Agreement by the County or the City. The County, the City and the School District agree each will be responsible for their own acts and omissions under this Agreement and the results thereof and to the extent authorized by law shall defend, indemnify and hold harmless the other party for such acts. Each party shall not be responsible for the acts, errors or omissions of the other party under the Agreement and the results thereof. The parties' respective liabilities shall be governed by the provisions of the Municipal Tort Claims Act, Minnesota Statutes Chapter 466, and other applicable law. Except as provided herein, this paragraph shall not be construed to bar legal remedies one party may have for the other party's failure to fulfill its obligations under this Agreement. 5.7 Notice. Any notice or demand shall be in writing and shall be sent registered or certified mail to the other party addressed as follows: To the School District: Jessica McCandless Independent School District #272 8100 School Road Eden Prairie MN 55344 To the City: Kathleen Porta 8080 Mitchell Road Eden Prairie MN 55344 To the County: Hennepin County Administrator A-2300 Government Center (233) Minneapolis, MN 55487-0233 Copy to: Jill L. Alverson Director, Taxpayer Services Department A-600 Government Center (060) Minneapolis, MN 55487-0060 5.8 Audit Provision. All parties agree that any party, the State Auditor, or any of their duly authorized representatives at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the other party and involve transactions relating to this Agreement. Such materials shall be maintained and such access and rights shall be in force and effect during the period of the contract and for six (6) years after its termination or cancellation. 5.9 Whereas Clauses. The matters set forth in the "Whereas" clauses on page one of this Agreement are incorporated into and made a part hereof by this reference. 5.10 Survival of Provisions. It is expressly understood and agreed that the obligations and warranties of the School District, the City and the County hereof shall survive the completion of performance and termination or cancellation of this Agreement. 5.11 Authority. The person or persons executing this Lease Agreement on behalf of the School District, the City and the County represent that they are duly authorized to execute this Lease Agreement on behalf of the School District, the City and the County and represent and warrant that this Lease Agreement is a legal, valid and binding obligation and is enforceable in accordance with its terms. 5.12 For lease of the Election Equipment, the School District shall: Pay the City the amount of twenty-five dollars ($25) per Model 100 Optical Scan Precinct Count Unit and twenty-eight dollars ($28) for the AutoMARKs upon receipt of billing for use of the equipment. 5.13 Maintenance Agreement. The school district shall obtain the services furnished by the Maintenance Agreement between Hennepin County and ES&S directly from ES&S, Inc. if needed. 5.14 Program Service. The County shall, without charge, provide programming services to the School District for the Model 100 Optical Scan Precinct Count Units. The School District is responsible for paying to the County the programming costs of the AutoMARK units at an amount no greater than twenty- five ($25) dollars per polling place. 5.15 Transporting and Return of Equipment. The School District shall be responsible for the transporting of the equipment from and to the City. Upon termination of this Agreement, the School District shall forthwith deliver the Election Equipment to the City or its designee, complete and in good order and working condition. The School District shall be responsible for all costs, including but not limited to shipping, related to the repair or replacement of lost, stolen, destroyed or damaged Election Equipment. COUNTY BOARD APPROVAL The SCHOOL DISTRICT having signed this contract, and the Hennepin County Board of Commissioners having duly approved this contract on the day of , 2009 and pursuant to such approval, the proper County officials having signed this contract, the parties hereto agree to be bound by the provisions herein set forth. Approved as to form COUNTY OF HENNEPIN STATE OF MINNESOTA By: Assistant County Attorney Chair of Its County Board Date: And: Assistant/County Administrator Approved as to execution ATTEST: Deputy/Clerk of County Board Assistant County Attorney Date: SCHOOL DISTRICT Approved as to form By: By: School District Attorney School District Date: CITY EDEN PRAIRIE Approved as to form By: Mayor By: City Attorney City Manager Date: CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 16, 2009 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.G. Police Department Resolution Declaring "Abandoned Property" Lieutenant James Morrow Requested Action Move to: Adopt resolution declaring property as "abandoned property." Synopsis The Eden Prairie Police Department has accumulated a quantity of bicycles, stereo/electronic equipment, and miscellaneous items that remain unclaimed. City Code 2.86 Subd. 2, Disposal of Unclaimed Property, requires adoption of a resolution by City Council to declare unclaimed property that has been in the possession of the City for over 90 days as "abandoned property." Background Information In the course of municipal operations, the Eden Prairie Police Department's Evidence/Property Room has several items that have lawfully come into its possession that remain unclaimed by the owners and have been in its possession for at least 90 days. In accordance with City Code Section 2.86 Subdivision 2 C., the Police Department would like to dispose of this property by sale to the highest bidder at a public auction through the City of Eden Prairie. In addition, in accordance with City Code 2.86 Subdivision C, the Police Department would like to convert certain items for City use. Attachments Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2009- DECLARATION OF ABANDONED PROPERTY WHEREAS, City Code 2.86 Subd. 2 requires adoption of a resolution by City Council to declare unclaimed property such as bicycles, stereo/electronic equipment, and miscellaneous items as "abandoned property;" and WHEREAS, the property has lawfully come into the possession of the City in the course of municipal operations; and WHEREAS,the property remains unclaimed by the owners; and WHEREAS,the property has been in the possession of the City for over 90 days. NOW THEREFORE, BE IT RESOLVED that the City of Eden Prairie declares the unclaimed property as "abandoned property." ADOPTED by the City Council on June 16, 2009. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk pOLICE Exhibit A EDEN PRAIRIE Abandoned Property for Auction Category Case Number Description Bicycle (B) 2008026045 Pg 01 -#01 - Mongoose "Wired" Bicycle, Red Bicycle (B) 2008051615 Roadmaster Mtn Sport, Blue, Small Boys Bike Bicycle (B) 2009003870 Pg 01 -#01 -Triax 26 Bike, Silver/Red VBX3000 Bicycle (B) 2009005591 Roadmaster Mtn Sport SX, Purple Bicycle (B) 2009007414 Magna Glacier Point Pink Girls Mtn Bicycle #of Items 5 Cosmetics (E) 2008008663 Pg 01 -#12- (1)White Bag w/Aqua Cologne & (2)Strivectin #of Items 1 Clothing (D) 2006004128 Pg 4 -#15 -T-Shirts Clothing (D) 2006030194 Clothing Items & Flip Flops Shoes (D) 2008008663 Pg 01 -#10- (1) Pair of Gap Rain Boots, Size 1, Blue w/Red Sole Clothing (D) 2008008663 Pg 01 -#08- Bra in Victoria's Secret Bag w/Security Tag Clothing (D) 2008008663 Pg 01 -#09a-White Plastic Bag w/(7) Bras & (5) Pair of Underwear Clothing (D) 2008008663 Pg 01 -#09b- (2) Pink Ralph Lauren Shirts #of Items 6 Faucet 2008008663 Pg 01 -#04- Delta Faucet Set Disposal 2008008663 Pg 01 -#01 - Evolution Excel In Sink Erator(NIB) #of Items 2 Necklace (J) 1994002323 (3)Jade Budda Necklaces & (1)Jade Pendant Pendant(J) 1994002323 (6)Jade Necklace Pendants Ring (J) 1994002323 (3) Small Gold-Colored Rings & (1) Medium Size Gold-Colored Ring Ring (J) 1994002323 (1) Gold-Colored Ring w/Tiger Eye Stone in Center Earrings (J) 1994002323 (1)Jade Leaf Earring Bracelet (J) 1994002323 (1) Small Bracelet w/Bell & (1) Gold-Colored Key Ring w/"Dr Yoo" Engraved Necklace (J) 1994002323 (4) Gold-Colored Necklaces Ring (J) 1994002323 (1) Gold-Colored Ring w/(3) Stones-2 Blue/1 Clear Ring (J) 1994002323 (1) Gold-Colored Ring w/(21) Clear Stones Ring (J) 1994002323 (3) Gold-Colored Rings w/Clear Stones Earrings (J) 1994002323 (1) Pair Gold-Colored Earring Hoops, (1)Jade Ring & (1)Jade Bracelet Ring (J) 1994002323 (1) Medium Gold-Colored Band & (1)Small Gold-Colored Band Ring (J) 1994002323 (2) Gold-Colored Rings w/Jade Stones Ring (J) 1994002323 (1) Small Gold-Colored Ring w/"T" in Center Ring (J) 1994002323 (1) Gold-Colored Ring w/ Blue "Sapphire"Type Stone Ring (J) 1994002323 (1) Gold-Colored Ring w/ Flower Center& (1) Necklace Pendant w/Pink &Clear Stones Ring (J) 1994002323 (1) Gold-Colored Ring w/ Large Clear Stone in Center Ring (J) 1994002323 (1) Medium Gold-Colored Ring Ring (J) 1994002323 (1) Gold-Colored Ring w/Pink Center Stone Ring (J) 1994002323 (1) Small Gold-Colored Ring w/Small Clear Center Stone Ring (J) 1994002323 (1) Silver-Colored Ring w/ Lrg Clear Center Stone & (2) Pair of Earrings Pendant(J) 1994002323 (4) Necklace Pendants & (1) Large Clear Stone Report Date: 6/4/2009 1 pOLICE Exhibit A EDEN PRAIRIE Abandoned Property for Auction Category Case Number Description Ring (J) 2008041004 Yellow Ring w/Red (Garnet) Stone & (2) Small Clear Stones on either Side Ring (J) 2008041004 Yellow Ring w/(5) Blue Marquis Stone w/alternating (4) Clear Stones Ring (J) 2008042081 Mens Yellow/Silver Band, Yel in Center Trimmed on both sides w/Sil - "Donna & Bob 6-26-77" Ring (J) 2008054832 (1)Yellow Ring w/Clear Stones all around ring #of Items 26 Computer, Other(0) 2008008663 Pg 01 -#02- (3) Leviton Telephone &Video Panels #of Items 1 Purse (P) 2006032340 Fendi Purse, Brown in Color Briefcase (P) 2006032340 Protocol Nylon Case, Black in Color Purse (P) 2007002005 Purse, Large, Black, Coldwater Creek& (1) Small Black Bag Inside Wallet/Billfold (P) 2008000773 Pg 02-#04a-Wallet, Ladies Fossil, Brown #of Items 4 Headset (R) 2007003358 Headphones Ipod (R) 2008000773 Pg 02-#05- i-Pod, Green Walkman (R) 2008000773 Pg 02-#06-Sony Walkman CD Player, White #of Items 3 Hat (S) 2008008663 Pg 01 -#09d - (1) BeBee Hat, Childrens, Black in Color #of Items 1 Currency- Cash/Coin 2007002092 Pg 05-#11 K- 3-Piece New Orleans Silver Dollar Coin Collection Set in (T) Velvet Box #of Items 1 Binoculars (V) 2007003001 Nikon Binoculars Binoculars (V) 2007003001 Nikon Travelite II Binoculars Binoculars (V) 2007003001 Binoculars #of Items 3 Floor Mat 2006004128 Pg 4 -#14 - (1) Floor Mat Airbed 2006004128 Pg 4 -#11 - (2) Queen Size Airbeds Floor Lamp 2006004128 Pg 4 -#12 - (1) Home Floor Lamp Light Bulbs 2006004128 Pg 4 -#13 - (1) Pkg of Light Bulbs Switch Kit 2008008663 Pg 01 -#03- Emergen Switch Manuel Transfer Switch Kit Bedding 2008008663 Pg 01 -#07- Hometrends Flannel Sheet Set Nozzle 2008008663 Pg 01 -#05- Nelson Spray Nozzle #of Items 7 60 Report Date: 6/4/2009 2 poircE Exhibit B 1EDEN Abandoned Property for Conversion for City Use • NI IMM[6 DTA Category Case Number Description Conversion Purpose Gun - Other (G) 2002002242 #5- Rifle Case -Soft-sided EPPD ERU Gun - Other (G) 2002002242 #6 - Rifle Case -Soft-sided EPPD ERU #of Items 2 Safe (0) 2007002092 Pg 01 -#01A- Brinks Security Safe Minnetonka Police Department Computer, Other(0) 2007002092 Pg 04-#101 -Jump Drive EPPD Use Safe (0) 2007002092 Pg 01 -#02F-Grey Lock Box Minnetonka Police Department Computer, Other(0) 2007002092 Pg 07-#16F- (2)Jump Drives SWHDTF Computer, Other(0) 2007002092 Pg 07-#16F- (7)Jump Drives EPPD Use #of Items 5 DVD Player (R) 2006004128 Pg 3 -#6 - DVD Player&Case EPPD Use #of Items 1 Duffle Bag (S) 2006004128 Pg 1 - Duffle Bag EPPD ERU Duffle Bag (S) 2008035648 Easton Ultra Lite Hockey Bag, Black SWHDTF w/Red &White Letters #of Items 2 Currency- Cash/Coin (T) 2004004220 (6) $2 Bills SWHDTF Currency- Cash/Coin (T) 2006004540 #3 - Rolled up $1 Bill SWHDTF Currency- Cash/Coin (T) 2007002546 Pg 01 -#05- Rolled Up$20 Bill SWHDTF Currency- Cash/Coin (T) 2009006009 Pg 01 -#02-$40 Cash City of Eden Prairie Currency- Cash/Coin (T) 2009010854 Pg 01 -#02-$9.93 Cash City of Eden Prairie Currency- Cash/Coin (T) 2009010854 Pg 01 -#03-$60 Cash City of Eden Prairie #of Items 6 Scale- Electronic(X) 2005000577 #2 -Tanita Scale SWHDTF Scale- Electronic(X) 2005002517 Pg 1 B -#1 -Tanita Scale SWHDTF Scale- Electronic(X) 2005002517 Pg 1 B -#5- Large Digi Counting Scale EPPD Use DC-70 Scale 2006001206 #2 -American Weigh Scale SWHDTF Scale- Electronic(X) 2007002092 Pg 07-#16B -Acculab Scale EPPD Use Scale- Electronic(X) 2007002639 Pg 01 -#01 - Blade Digital Scale SWHDTF Screwdriver(X) 2007003001 Stanley Screwdriver City of Eden Prairie Screwdriver(X) 2007003001 Pratt-Read Screwdriver City of Eden Prairie Report Date: 6/4/2009 1 poircE Exhibit B y�,u�nxo 5¢rf 1EDEN Abandoned Property for Conversion for City Use • NI IMM[6 DTA Category Case Number Description Conversion Purpose Tools-Other (X) 2007003358 #9 - Stanley Lever Lock Tape Measure City of Eden Prairie #of Items 9 Backpack (Y) 2004004220 Black Backpack EPPD ERU Drug Paraphernalia (Y) 2005002517 Pg 1 B -#2 -Tanita Scale SWHDTF Drug Paraphernalia (Y) 2005003768 Digital Scale, USN-250 SWHDTF Drug Paraphernalia (Y) 2006001220 Digital Scale SWHDTF Drug Paraphernalia (Y) 2006002647 American Weigh Scale SWHDTF Container 2006004128 Pg 1 -#2 - Rubbermaid "Takealong" EPPD Use plastic container Drug Paraphernalia (Y) 2007002325 Pg 01A-#01 - (1) My Weigh Scale/Flip SWHDTF Scale 350 w/Black Carrying Case Drug Paraphernalia (Y) 2007002325 Pg 02A-#10 - Digital Scale SWHDTF #of Items 8 33 Report Date: 6/4/2009 2 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda June 16, 2009 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IC 09-5755 ITEM NO.: VIII.H. Leslie Stovring Neill Lake Berm Stabilization and Public Works/Environmental Repair Project Requested Action Move to: Approve the proposal from SRF Consulting for completing additional analysis of the Neill Lake berm at a cost of$25,000. Synopsis Neill Lake is the downstream receiving water from Eden Lake. In 1974 the storm drain system, which includes an earthen berm along the southern edge of the open water portion of Neill Lake, was constructed by the Riley-Purgatory-Bluff Creek Watershed District. The structure of the berm has been compromised by stormwater inflows, vegetation growth and animal burrowing. An analysis of the berm is required to determine if improvements beyond simple maintenance of the berm are needed. The costs will be paid out of the stormwater utility fund. Background Information In 1974 a storm drainage system was constructed by the Riley-Purgatory-Bluff Creek Watershed District that connects Neill and Eden Lakes. The system collects stormwater runoff from areas between Flying Cloud Drive and Purgatory Creek. Neill Lake is the downstream receiving water for the system through a system of both storm sewer piping and open channels. The system included an earthen berm which allows surface water to collect within a pre-treatment area prior to discharging to a series of ponds and then Purgatory Creek. Loss of the berm would result in flooding of areas surrounding the lake. The berm is approximately 1,000 feet long and borders the south side of Neill Lake, separating the open water from a deep water marsh. Preliminary analysis of the berm this spring indicated that the berm has subsided over time and that animal damage and tree grown have weakened the berm, allowing for water to seep under the berm and further deteriorate the stability of the berm. The City does plan to improve the stormwater system between Eden Lake and Neill Lake and the strength of the berm to withstand new inflows are a concern. The scope of work will include: • Topographic survey of the berm to determine the extent of the subsidence and to identify those drainage system elements necessary for modeling. • Determine the current normal and high water levels of the lake. • Resistivity profiling of the berm to identify the thickness of the clay core and depth to peat soils underlying the berm. • Soil boring investigation to determine grain size, shear strength and permeability of the core of the berm. • Conduct a geotechnical evaluation of the berm stability at normal and 100-year water levels. • Provide recommendations for berm rehabilitation The total proposed cost is $25,000. Attachments Proposal Professional Services Agreement SRFCONSULTING GROUP , INC . MINNEAPOLIS FARGO ENGINEERS I PLANNERS I DESIGNERS MADISON June 9, 2009 Ms. Leslie Stovring Environmental Coordinator CITY OF EDEN PRAIRIE 8080 Mitchell Road Eden Prairie, Minnesota 55344 SUBJECT: NEILL LAKE/EDEN LAKE BERM AND OUTLET STUDY PROPOSAL FOR PROFESSIONAL SERVICES FOR GEOTECHNICAL AND HYDROLOGIC INVESTIGATIONS Dear Leslie: Background Eden Lake and Neill Lake comprise a hydrologic drainage system that collects surface runoff from portions of the City of Eden Prairie between Flying Cloud Drive and Purgatory Creek. The two lakes are connected via storm sewer and open channels. In 1974, the Neill Lake storm drain system was constructed, which included outlets for both lakes. Since then, the City has determined that the Eden Lake connection to Neill Lake requires improvements that would result in a flow increase from Eden Lake to Neill Lake resulting in the need to study the berm that separates Neill Lake from the marsh located south of the' lake and the need to perform a hydrologic and hydraulic (H&H) modeling analysis of both lakes to determine if improvements to the berm are required. Project Understanding The 1,000-foot long Neill Lake berm borders the south side of Neill Lake and separates the Neill Lake marsh from the lakes itself. The berm is approximately 10-15 feet wide at the top crest with steep side slopes extending down to the lake. The berm crest appears to be only 2-4 feet above the normal level of the lake. The berm condition was assessed per the Minnesota Dam Safety Guidance and resulted in the general observation that the berm subsidence has occurred over time, that seepage underneath the berm is occurring, that significant animal burrowing has occurred, which is weakening the berm, and that tree growth along the berm is most likely leaving channels through the embankment allowing for seepage. The qualitative assessment of the berm completed recently by GaleTech Engineering resulted in a number of recommendations for further data collection and analysis. 1. A hydrologic evaluation of the Eden/Neill lake system should be completed to determine new normal and high water levels. 2. Resistivity profiling of the berm should be done in order to identify the clay core thickness and whether peat underlies the berm. www.srfconsul Ling.corn One Carlson Parkway North, Suite 150 I Minneapolis,MN 55447-4443 I 763.475.0010 Fax:763.475.2429 An Equal Opportunity Employer Leslie Stovring - 2 - June 9, 2009 3. Soil boring investigations are needed to determine shear strength and permeability of the berm core. 4. Complete an evaluation of berm stability and recommendations for berm rehabilitation and improvements based on geotechnical findings and H&H modeling. The geotechnical investigations and H&H modeling analysis of the berm and lake system as listed above are what comprise the Scope of Services of this proposal. Scope of Services Based on our understanding of the geotechnical investigations and H&H modeling that are required to address berm shortcomings and to understand the hydraulics of the lake system, we proposed to conduct the following tasks: Geotechnical Investigations 1. Conduct electrical resistivity profiling of the Neill Lake berm and provide a brief report. 2. Complete six soil borings to a depth of 20-25 feet in designated areas where buried peat is suspected. Conduct laboratory testing of the soil samples for grain size analysis and shear strength. 3. Conduct a geotechnical stability evaluation of the berm at normal and 100-year high water levels. 4. Conduct additional geotechnical evaluations as necessary to complete a design report with recommendations for berm improvements and/or modifications. Survey 1. Complete a topographic survey of the Neill Lake berm to determine extents of subsidence and selected drainage system elements that are necessary for modeling. Water Resources and Agency Coordination 1. Develop an H&H model of the Eden Lake/Neill Lake system and make recommendations for Eden Lake and Neill Lake outlet modifications. Report new normal and high water elevations and coordinate with the geotechnical engineer. 2. Coordinate with the City and the Riley, Purgatory, Bluff Creek Watershed District (RPBWD) to finalize berm improvements and outlet modification recommendations. Deliverables ■ Electrical resistivity profile report • Geotechnical report including soil boring analysis, berm stability evaluation, and recommendations. Leslie Stovring - 3 - June 9, 2009 • Topographic survey to be included in the geotechnical report • H&H model results and a brief report with recommendations for outlet control and berm modifications. • Meeting agendas and minutes as appropriate. Schedule We will work with the City to determine a suitable schedule for the various tasks. Cost Proposal Based on the Scope of Services, we propose a total cost of$25,000. Compensation will be billed on an hourly basis for actual time expended. Other direct project expenses such as mileage, printing, supplies, reproduction, etc. will be reimbursed at cost, and mileage will be reimbursed at the current allowable IRS rate for business miles. Sincerely, SRF CONSULTING GROUP,INC. Walter C. Eshenaur, P.E. David W. Filipiak,P.E. Senior Associate Principal WCE/DWF/smf APPROVED: APPROVED: City Administrator (signature) Mayor (signature) Name Name Title Title Date Date This cost proposal is valid for a period of 90 days. SRF reserves the right to adjust its cost estimate after 90 days from the date of this proposal. SRF P09387 Rev. 4-29-2009 Standard Agreement for Professional Services This Agreement is made on the 16th day of June, 2009, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and SRF Consulting Group, Inc., a Minnesota Corporation (hereinafter "Consultant") whose business address is 1 Carlson Parkway North, Suite 150, Plymouth, MN 55447. Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for Neill Lake Geotechncial and Hydrologic Study hereinafter referred to as the "Work". The City and Consultant agree as follows: 1. Scope of Work/Proposal. The Consultant agrees to provide the professional services shown in Exhibit "A" in connection with the Work. The terms of this standard agreement shall take precedence over any provisions of the Consultants proposal and/or general conditions. 2. Term. The term of this Agreement shall be from June 16, 2009 through September 18, 2009, the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $25,000 for the services as described in Exhibit A. A. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: 1 Rev. 4-29-2009 A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. D. Owner's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. B. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services performed prior to receipt of written notice from the City of such suspension, all as shown on Exhibit A. C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described in Section 3B, and for other items when authorized in writing by the City. D. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 6. Project Manager and Staffing. The Consultant has designated Walter Eshenaur and Eric Roerish to serve on the Project. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. 2 Rev. 4-29-2009 • Consultant may not remove or replace these designated staff from the Project without the approval of the City. 7. Standard of Care. All Work performed pursuant to this Agreement shall be in accordance with the standard of care in Hennepin County, Minnesota for professional services of the like kind. 8. Audit Disclosure. Any reports, information, data, etc. given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. The Consultant shall at all times abide by Minn. Stat. 13.01 et seq., the Minnesota Government Data Practices Act, to the extent the Act is applicable to data and documents in the possession of the Consultant. 9. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the work identified in Paragraph 1. 10. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 11. Independent Consultant. At all times and for all purposes herein, the Consultant is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Consultant an employee of the City. 12. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further 3 Rev. 4-29-2009 agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 13. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 14. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 15. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 16. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 17. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. The Consultant and City, together with their respective agents and employees, agree to abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 18. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 19. Indemnification. Consultant agrees to defend, indemnify and hold the City, its officers, and employees harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney's fees, resulting directly or indirectly from a negligent act or omission (including without limitation professional errors or omissions) of the Consultant, its agents, employees, or subcontractors in the performance of the services provided by this Agreement and against all losses by reason of the failure of said Consultant fully to perform, in any respect, all obligations under this Agreement. 20. Insurance. A. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims for bodily injury or death, or for damage to property, including loss of use, which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. The policy(ies) shall name the City as an additional insured for the services provided under 4 Rev. 4-29-2009 this Agreement and shall provide that the Consultant's coverage shall be primary and noncontributory in the event of a loss. B. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability on this Project: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Comprehensive General Liability $1,000,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products —Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles. Umbrella or Excess Liability $2,000,000 C. The Comprehensive General/Commercial General Liability policy(ies) shall be equivalent in coverage to ISO form CG 0001, and shall include the following: a. Premises and Operations coverage with no explosions, collapse, or underground damage exclusion (XCU). b. Products and Completed Operations Property Damage coverage. Consultant agrees to maintain this coverage for a minimum of two (2) years following completion of its work. c. Personal injury with Employment Exclusion (if any) deleted. d. Broad Form CG0001 0196 Contractual Liability coverage, or its equivalent. e. Broad Form Property Damage coverage, including completed operations, or its equivalent. f. Additional Insured Endorsement(s), naming the "City of Eden Prairie" as an Additional Insured, on ISO form CG 20 10 11 85, or CG 20 10 10 01 and CG 20 37 10 01, or an endorsement(s) providing equivalent coverage to the Additional Insureds. ISO form CG 20 10 07 04, and later versions of said form, are not acceptable. 5 Rev. 4-29-2009 • g. If the Work to be performed is on an attached community, there shall be no exclusion for attached or condominium projects. h. "Stop gap" coverage for work in those states where Workers' Compensation insurance is provided through a state fund if Employer's liability coverage is not available. Incidental Malpractice and Host Liquor Liability insurance applicable to the Consultant's performance under this Agreement. j. Severability of Insureds provision. D. Professional Liability Insurance. The Consultant agrees to provide to the City a certificate evidencing that they have in effect, with an insurance company in good standing and authorized to do business in Minnesota, a professional liability insurance policy. Said policy shall insure payment of damage for legal liability arising out of the performance of professional services for the City, in the insured's capacity as the Consultant, if such legal liability is caused by an error, omission, or negligent act of the insured or any person or organization for whom the insured is legally liable. Said policy shall provide an aggregate limit of$2,000,000. Said policy shall not name the City as an insured. E. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. In addition to the requirements stated above, the following applies to the insurance policies required under this Paragraph: a. All polices, except the Professional Liability Insurance policy, shall be written on an "occurrence" form ("claims made" and "modified occurrence" forms are not acceptable); b. All polices, except the Professional Liability Insurance policy, shall be apply on a "per project" basis; c. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall contain a waiver of subrogation naming "the City of Eden Prairie"; d. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall name "the City of Eden Prairie" as an additional insured; e. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement; and f. All polices shall contain a provision that coverages afforded there under shall not be canceled or non-renewed or restrictive modifications added, without thirty (30) days prior written notice to the City. 6 Rev. 4-29-2009 A copy of the Consultant's insurance declaration page, Rider and/or Endorsement, as applicable, which evidences the compliance with this Paragraph 20, must be filed with City prior to the start of Consultant's Work. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to enforce the terms of Consultant's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. F. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: a. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or b. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 21. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 7 Rev. 4-29-2009 22. Dispute Resolution/Mediation. Each dispute, claim or controversy arising from or related to this Service Agreement or the relationships which result from this Agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a Mediated Settlement Agreement, which Agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Conflicts. No salaried officer or employee of the City and no member of the Board of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. Any federal regulations and applicable state statutes shall not be violated. 25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Executed as of the day and year first written above. • CITY OF EDEN PRAIRIE Mayor City Manager • SRF Consulting Group, Inc. 74 By: -44 . Its: -Frif In v ra 8 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda June 16, 2009 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IC 08-5717 ITEM NO.: VIILI. Leslie Stovring Erosion Stabilization Design Analysis Public Works/Environmental Project for Lower Riley Creek Requested Action Move to: Approve the proposal from Short Elliot Hendrickson (SEH) for completion of a Design Analysis and Preparation of Plans and Specifications for stabilization and restoration of an erosion site within Lower Riley Creek at an estimated cost of$29,843.95. Synopsis The City is currently developing plans for reconstruction of a segment of Eden Prairie Road that crosses Lower Riley Creek. During a review of the site to evaluate potential creek impacts due to the project, the Department of Natural Resources (DNR) requested that the City stabilize and restore a significantly eroded section of Lower Riley Creek that lies upstream of Eden Prairie Road. The construction would be completed concurrently with the reconstruction of the road to minimize project costs. The costs for this project will be paid out of the stormwater utility fund. Background Information The Design Analysis will be conducted for a section of Lower Riley Creek upstream of Eden Prairie Road. The scope of work will include: • Collection of hydrologic and hydraulic information for the creek • Topographic survey of the project area • Analysis of the channel conditions and size • Mapping of riffles and pools • Floodplain assessment • Hydraulic modeling • Wetland delineation and seep identification • Coordination of plans with the technical agencies, including the DNR, Riley-Purgatory- Bluff Creek Watershed District and the Metropolitan Airports Commission Once the design analysis is completed, SEH will develop plans and specifications to incorporate into the Eden Prairie Road construction documents. The estimated cost for the project is $29,843.95. Attachments • SEH Professional Services Agreement/Proposal J 1 S E fl EXHIBIT A June 9, 2009 RE: City of Eden Prairie Revised June 9, 2009 Riley Creek Erosion Stabilization Project Design and Bidding Phase Services SEH No.EDENP 108442 I0.00 Rod Rue,P.E. City Engineer City of Eden Prairie 8080 Mitchell Road Eden Prairie,Minnesota 55344 Dear Rod: Short Elliott Hendrickson Inc. (SEH) thanks you for the opportunity to assist the City of Eden Prairie (City) with the referenced project. For your convenience, we have included a project location map with this letter proposal. We will provide the services to the City as outlined in the enclosed Task Hour Budget (THB) within the project area for a not-to-exceed fee of $29,843.95. Our THB and its footnotes contain our key assumptions regarding the scope of our work. Our not-to-exceed fee includes reimbursable expenses. We will bill you monthly on an hourly basis for our labor and reimbursable expenses. We will only proceed with additional work following your authorization. Work shall be done in accordance with the City's Standard Agreement for Professional Services (Agreement).This proposal letter is an exhibit to that Agreement. Upon receiving authorization to proceed, we will immediately commence work on the project. We understand that, in its entirety, the Design and Bidding Phase Services may not be continuous and, once final design is completed, that the reference project's bidding documents shall be combined with the Reconstruction of Eden Prairie Road project's bidding documents to be bid together as one project. We also understand that at this time the City wants SEH to complete only the work listed below in an effort to complete all preliminary design prior to a developer proceeding with Hennepin Village. At that point,the City will direct SEH to continue with the other tasks listed in the THB. ACTIVITY/TASK 1.0—Data Collection 2.0—Preliminary Design 3.0—Technical Memorandum Short Elliott Hendrickson Inc., 1090E Red Circle Drive,Suite 200, Minnetonka,MN 55343-9301 SEH is an equal opportunity employer I www.sehinc.com I 952.912.2600 I 800.734.6757 I 952.912.2601 fax Rod Rue, P.E. June 9,2009 Page 2 ACTIVITY/TASK 6.1 —Meeting with Riley Creek Watershed District 6.2—Meeting with DNR 6.3—Meeting with Metropolitan Airports Commission 6.4—On-Site Preliminary walkthrough with DNR The Agreement, Exhibit A, and the THE represent the entire understanding between the City and us with regards to the project. We are looking forward to assisting the City with design phase services for this project. If this letter satisfactorily defines our role in this project, please have City officials sign both Agreements and return them to me for SEH signatures at the address shown on this letterhead. In the meantime, please contact me at 952.912.2610 or cschulze@sehinc.com with questions or comments. Sincerely, SHORT ELLIOTT HENDRICKSON INC. Carter Schulze,PE Project Engineer cas Enclosures c: Dave Halter, SEH(with all enclosures) Paul Pasko, SEH(with all enclosures) Jeremy Walgrave, SEH(with all enclosures) p;18eNelederp 108442UgenTdrafllexhibit aprpsl lv.dnc Rev. 4-29-2009 Standard Agreement for Professional Services This Agreement is made on the 16th day of June, 2009, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Short Elliot Hendrickson, Inc, a Minnesota consulting firm (hereinafter "Consultant") whose business address is 10901 Red Circle Drive, Suite 200 Minnetonka, MN 55343. Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for Riley Creek Erosion Stabilization Project Design and Bidding Phase Services hereinafter referred to as the "Work". The City and Consultant agree as follows: 1. Scope of Work/Proposal. The Consultant agrees to provide the professional services shown in Exhibit "A" in connection with the Work. The terms of this standard agreement shall take precedence over any provisions of the Consultants proposal and/or general conditions. 2. Term. The term of this Agreement shall be from 6/17/09 through 6/30/10, the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $ 29,843.95 for the services as described in Exhibit A. A. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: 1 Rev. 4-29-2009 A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. D. Owner's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. B. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services performed prior to receipt of written notice from the City of such suspension, all as shown on Exhibit A. C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described in Section 3B, and for other items when authorized in writing by the City. D. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 6. Project Manager and Staffing. The Consultant has designated Jeremy Walgrave and Carter Schulze to serve on the Project. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. 2 Rev. 4-29-2009 Consultant may not remove or replace these designated staff from the Project without the approval of the City. 7. Standard of Care. All Work performed pursuant to this Agreement shall be in accordance with the standard of care in Hennepin County, Minnesota for professional services of the like kind. 8. Audit Disclosure. Any reports, information, data, etc. given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. The Consultant shall at all times abide by Minn. Stat. 13.01 et seq., the Minnesota Government Data Practices Act, to the extent the Act is applicable to data and documents in the possession of the Consultant. 9. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the work identified in Paragraph 1. 10. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 11. Independent Consultant. At all times and for all purposes herein, the Consultant is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Consultant an employee of the City. 12. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further 3 Rev. 4-29-2009 agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 13. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 14. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 15. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 16. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 17. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. The Consultant and City, together with their respective agents and employees, agree to abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 18. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 19. Indemnification. Consultant agrees to defend, indemnify and hold the City, its officers, and employees harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney's fees, resulting directly or indirectly from a negligent act or omission (including without limitation professional errors or omissions) of the Consultant, its agents, employees, or subcontractors in the performance of the services provided by this Agreement and against all losses by reason of the failure of said Consultant fully to perform, in any respect, all obligations under this Agreement. 20. Insurance. A. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims for bodily injury or death, or for damage to property, including loss of use, which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. The policy(ies) shall name the City as an additional insured for the services provided under 4 Rev. 4-29-2009 this Agreement and shall provide that the Consultant's coverage shall be primary and noncontributory in the event of a loss. B. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability on this Project: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Comprehensive General Liability $1,000,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products — Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles. Umbrella or Excess Liability $2,000,000 C. The Comprehensive General/Commercial General Liability policy(ies) shall be equivalent in coverage to ISO form CG 0001, and shall include the following: a. Premises and Operations coverage with no explosions, collapse, or underground damage exclusion (XCU). b. Products and Completed Operations Property Damage coverage. Consultant agrees to maintain this coverage for a minimum of two (2) years following completion of its work. c. Personal injury with Employment Exclusion (if any) deleted. d. Broad Form CO0001 0196 Contractual Liability coverage, or its equivalent. e. Broad Form Property Damage coverage, including completed operations, or its equivalent. f. Additional Insured Endorsement(s), naming the "City of Eden Prairie" as an Additional Insured, on ISO form CG 20 10 11 85, or CG 20 10 10 01 and CG 20 37 10 01, or an endorsement(s) providing equivalent coverage to the Additional Insureds. ISO form CG 20 10 07 04, and later versions of said form, are not acceptable. 5 Rev. 4-29-2009 g. If the Work to be performed is on an attached community, there shall be no exclusion for attached or condominium projects. h. "Stop gap" coverage for work in those states where Workers' Compensation insurance is provided through a state fund if Employer's liability coverage is not available. Incidental Malpractice and Host Liquor Liability insurance applicable to the Consultant's performance under this Agreement. j. Severability of Insureds provision. D. Professional Liability Insurance. The Consultant agrees to provide to the City a certificate evidencing that they have in effect, with an insurance company in good standing and authorized to do business in Minnesota, a professional liability insurance policy. Said policy shall insure payment of damage for legal liability arising out of the performance of professional services for the City, in the insured's capacity as the Consultant, if such legal liability is caused by an error, omission, or negligent act of the insured or any person or organization for whom the insured is legally liable. Said policy shall provide an aggregate limit of$2,000,000. Said policy shall not name the City as an insured. E. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. In addition to the requirements stated above, the following applies to the insurance policies required under this Paragraph: a. All polices, except the Professional Liability Insurance policy, shall be written on an "occurrence" form ("claims made" and "modified occurrence" forms are not acceptable); b. All polices, except the Professional Liability Insurance policy, shall be apply on a "per project" basis; c. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall contain a waiver of subrogation naming "the City of Eden Prairie"; d. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall name "the City of Eden Prairie" as an additional insured; e. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement; and f. All polices shall contain a provision that coverages afforded there under shall not be canceled or non-renewed or restrictive modifications added, without thirty (30) days prior written notice to the City. 6 Rev. 4-29-2009 A copy of the Consultant's insurance declaration page, Rider and/or Endorsement, as applicable, which evidences the compliance with this Paragraph 20, must be filed with City prior to the start of Consultant's Work. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to enforce the terms of Consultant's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. F. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorneys fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: a. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or b. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 21. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 7 Rev. 4-29-2009 22. Dispute Resolution/Mediation. Each dispute, claim or controversy arising from or related to this Service Agreement or the relationships which result from this Agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a Mediated Settlement Agreement, which Agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Conflicts. No salaried officer or employee of the City and no member of the Board of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. Any federal regulations and applicable state statutes shall not be violated. 25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager FIRM NAME By: Its: 8 A. SEH Task Hour Budget City of Eden Prairie Riley Creek Erosion Stabilization Project(21)(22)(23) Design and Bidding Phase Services Jane 9,2009 ESTIMATED HOURS ESTIMATED CLIENT SENIOR 1 SENIOR WATER 1FATRR Alntil(I PA I. SUMS' PROSRC't CEOTECn RESOURCESSLRfl.. SERVE.'CREW' SENFTCE crownaIOLOGIST RESOURCES PROJECT TASKS 51AY•l4EH MA\ACER etiCINEER E\4lNEEN 1'\Cltit:rN EROJECY ERCItiEER ENGINEER COORDINATOR III IEl" OPERATOR 1.0 Dabs Collection 1.1 Daia Col loci Eon(1)(9)(17) 18 8 _ 1.2 y Topographic1Rrs'ey(2)(3)(5) 3 4 I 25 24 SIIltolal Flours _ 21.0 12.0 1.0 25.0 24,0 Subsoil Labor Cost 52,588 51,292 5118 52,154 51,782 57,933 2.0 Preliminary Resign 2.1 Channel Analy'sis(4)(5) _ 2.1.1 _Sizc Channel 4 _ 2,1,2 Locate Riffles&Pools 4 , 2.1.3 Floodplain Assessment 4 _ 2.1.4 Stabilization&Grade COnlro1(13) 16 _ 2.2 _ Ieolechnical Invesiigation(6)(7)(8) 5 2 2.3 Hydraulic Modeling(15XIS-20) 20 2.4 Wetland Delineation(Step Identification 4 4 2 Subtotal Hours 5.0 4.0 52.0 4,0 Subto la Labor Cosi 5692 5375 56,408 5431 57,935 3.0 Technical Memorandum _ 3.1 Mc morn dum(10)(11) 16 4 _ 2 SubiatUl Hours 16 4 _ 2 _ Subtotal LRborCoat _ 51,972 5431 5179 52,581 4.0 Bid Doeumenl Preporaiion , 4,1 Plans(14) , 4,1.1 Delsil sheet 1 2 • . 4.1.2 Grading sheet 2 4,1.3 Plan and profile sheets _ 1 4 4.1.4 _ Restoration _ _ 0.5 4.1.5 Erosion control 1 _ 5ubsoial Hours 2.0 9.5 _ _ 5ublotol Labor Cost _ 4 5246 51,023 51,269 4,2 Project Ma nunl(14) 4,2.1 Front end 1 1 4.2.2 Special Conditions _ 4.2,2.1 Civil 1 4 4.2.2.2 Water Resources 4 4.2.2.3 ❑colechnical — 1 2 , _ 4.2.3 Proposal Form 1 1 Subtotal Hours 3.0 1.0 4.0 8.0 , Subtotal Labor Cool 5476 5138 I 5493 5861 51,968 Page 1 el 3 ESTIMATED HOURS ESTIMATED CENT I SF.NWR I SENIOR WATER WATER MUNICIPAL STRVEY COST PROJECT GFAITECIt RESOURCES SURVEY SURVEY CREW SERVICE MANAGER ENGINEER IJRCES PROJECT PNDJELY SIOLIGIST RE$O on6I1GINATOR CHIEF INSERUAIERT A0.11LN TEC El PROJECT TASKS MANAGER ENGINEER ENGINEER ENGINEER ENGINEER OPERATOR 4.3 Opinion of Probnblc Cost(14) - _ - 4.3.1 Quantity Calculations 43.1.1 Starmwater Management MAN a 4.3.1.2 E':auhwork 4 4.3,1.3 Restoration 2 2 Subtotal Hours _ 2.0 _ 8.0 Subtotal Labor Cost _ 5246 5861 5I,108 Sublotol Bid Document][ours 3.0 1.0 _ 8.0 _ 25.5 Subl otnl Bid Dorn meat Labor Cost 5476 5138 5986 52,745 54,345 5.0 Pcrml is 5.1 Agency coordination , 5.1.1 Riley Creek Watershed District 1 5.1.2 Dept.of Natural Resources 1 5.13 HPDES Permil and SIVPPP _ _ I _ Subtotal Hours _ 3.0 _ Sublolal Labor Cost 5323 5323 6.0 Sleeting' 6.1 hireling with Riley Creek IVatershcd District 3 3 6.2 Meeting with Dept.of Natllml Resources 112) 3 6 6 6.3 Meeting with Metropolitan Airports Commission(Id) 3 3 3 6.4 With City Staff _ - _ .r - 6.4.1 On•Si le Preliminary Walkthrou5l wit Dl4`R _ 3 3 _ 6 , Subtotal Hours 3.0 6.0 15.0 18.0 _ - Subtotal Labor Cost 5476 _ 5563 51,848 51,937 S4,815 7.0 Bidding Assistance(14) 7.1 _ On-line Bidding Document Preparation I _ 1 1 7.2 Ad for Rids 1 I 73 PrePorc•Tabulation of Bids 1 I 7.4 Prepare and Sond Bid DOcumcais to Bidders 1 1 - _Subtotal!lours 1.0 4.0 ;•0 Subtotal Labor Cost 5159 5431 $447 51,036 WATER CLIENT SENIOR SENIOR WAT ER IIL'NICITAL SURVEY SERVICE PROJECTcrown1:LVrEC11 RIOLOGI5r REROGRCE$ RESOURCESPROJLT SURVEY SURVEY CHEW ...ENTApYtlti TEr'll MANAGER EN(:IN L•CR PROJECT COORDINATOR emu MANAGER ENGINEER ENGINEER _ LIGINLEN ENGINEER OPERATOR ESTIMATED COST PROJECT COST SUMMARY _ _ , Subtotal Hours 7.0 6.0 10.0 112.0 70.5 1.0 25.0 24.e 7.0 Subtotal 1.511nr Cost 51,111 5830 5938 S13,002 _ 57,588 5118 52,154 51,782 5526 528,948 Subtotal Expenses _ _ 5896.00 TOTAL COST ASSOCIATED WITH THIS PROPOSAL: 529,043.95 P:AEiE1Edenp1 IN5l4l1lGPMFnmT[rlR RdE,k Eulry 06 09 CG.btl',IlouT-COsi Page 2 of 3 NOTES: 'Background data includes past drainage studies.asbuilts within study area,aerial photography,groundwater resource data.wetland delineations,2'contour mapping within subwatershcd,floodplain topography and insurance information.This data will he collected from various sources as necessary including;City of Eden Prairie.Riley Creek Watershed District,Hennepin County,FliMA,NRCS.Minnesota DNR and the University of Minnesota. 1 includes lime fora two person survey crew to collect topographic survey including location and elevations of riffles and pools,existing channel bonem profile through project area,elevations to develop representative cross sections.evaluate potential access locations. Includes location of any trails,significant trees,wetland boundaries,and storm and sanitary sewer and utilities within the project area 'The geomorphic assessment wt6 take into account all of the background data collection and all of the field reconnaissance,topographic survey,geotecherical investigation,hydraulic analysis,wetland delineation and seep identification.The channel analysis will include the evaluation of cross sections and channel bottom profile to look at bankfull depth,bankfull width,width to depth ratio and slopes of the stable reference reach. Includes 5-10 meanders upstream and 3.5 meanders downstream of the study area. 6 SEH will prepare a drilling and letting request for proposal for Braun interim including four soil borings by hand and a soil boring report to he included with the bidding documents 'The cost for drilling and testing is not included in this proposal.Braun Interim will contract directly with the City for their services. a SEH will stake borings in the field,coordinate drilling and testing,perform review of soil samples,and assign laboratory testing. 9 Includes a field reconaissance survey to gather information for basic geomorphic asssessment relative to;vegetative cover,erosion&deposition sites,bed&bank material,possible sediment sources,photographs,seep locations,debris inventory.locate any off channel storage areas,locate bank-fall heights.and to locate a stable reference reach upstream or downstream of the project area.The geomorphic assessment will not include stream classification. Ia Includes existing conditon details,preliminary design results,potential stabilization stternalive discussion,conceptual details and plans.permitting requirements,GIS figures,cost estimate and potential funding sources II Deliverable includes two hard copies and one digital(MS Word)copy on CD for review and Six(61 original bound copies delivered and one pdf copy emailed to Leslie Steering of the completed final study report. 1=Includes two meetings.One meeting in the field to determine the limits of creek stabilisation and reference reach and one review meeting of the preliminary creek stabilization plan. 13 Design bank stabilization alternatives&grade control structures where needed. u Includes time to incorporate any planshenso,details.specifications,reports and additional bid items into the Reconstruction of Eden Prairie Road project bidding documents plus additional bidding assistance related only to the stabil iratlun project.The stabilization project and the Reconstruction of Eden Prairie Road project will be combined into one set of bidding documents and bid as one project. '5 Includes creating HE.C-RAS model for existing conditions and proposed new channel slope and lengths,flow depths,velocities,shear stresses and possible temporary diversion alternatives 16 Meeting with MAC to review project construction limits and possible construction easement needs Aerial photography used Io evaluate stream sinuosity and natural downstream meander migration Ia Assumes hydrologic information including design flows,discharge and corresponding frequency infamtation(specifically for the 1.5-,SO-and 100-year events)will be provided by the City or Watershed District IS The Geometry will be based on the existing 2'contour mapping provided by the City and the new topographic survey information previously collected me The model will be a steady flow model with the intended use lobe designing the relocated stream channel.bank stabilization and grade control structures,if needed.The model will not be used to consider off-channel storage alternatives. H off-channel swinge is desired,an unsteady flow model must be run requiring additional hydrology(hydrographs for the 1.5-,10-and 100-year events)information and additional tasks and hours. 21 Design phase services are based on City Memorandum dated 10/8r08 RE:Riley-Purgatory-Bluff Creek Watershed District Erosion Stabilization Project Feasibility Study-Request for Proposal City Project 08.5717 az City will provide all labor and expenses associated with securing Metropolitan Airports Commission land or casements as needed upon which to construct improvements proposed by these design phase services. Assumes stabilization project construction will occur ernaurrently with the Reconstruction of Eden Prairie Road Project tonsil met ion Pane 3 et 3 . \ . .$, fP.4....:. . . ' .. . . 4k4I +fir \\> PROPERTY LINE tll. /X( • • \OrX POTENTIAL RILEY - EX IS! NG CREEK STABILIZATION WE L D /I* LIMITS :0 DARLe-el" -ROPOSED PARK • , • / / leWo, ii' O 'Ft 4 ` / El i _ i X /440. �� � EXISTING RILEY k • i- - _ - — - s -REEK GULVERT i , CROSSING ROW 117 Till_h. • - I i, ti, / PROJECT NO. /� 1090POD HONE:C (952)912-DR. 600TE200 EDENP 108442 RILEY CREEK STABILIZATION PROJECT 8 MINNETONKA,MN 55343 DATE: LOCATION MAP i S E H 5/29/09 CITY COUNCIL AGENDA DATE: June 16, 2009 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.J. Fire Department Relief Fire Relief Association Bylaw Change Association Requested Action Move to: Approve bylaw change to bring Fire Relief Association Bylaws into compliance with State Statute on the issue of, "Volunteer Separation while Full-time Fire Department Employee." Synopsis State law allows paid-on-call firefighters who have met all of the retirement vesting criteria for their respective Relief Association to begin drawing that pension even though they might still be employed as a full-time firefighter with the same fire department. Court cases in both Hastings Minnesota and Roseville Minnesota have upheld this practice. Members of the Eden Prairie Relief Association met on Thursday June 11 and approved the attached by-law change. Background Information The Eden Prairie Fire Relief Association provides a retirement benefit for the Eden Prairie Fire Department's paid-on-call staff if they have served at least 10 years as a member in good standing with the fire department. Members are eligible to collect their benefits once they have been vested and reach the age of 50 years old. The bylaw change reflects the past and current practice of the Relief Association and brings the language of the Relief Association into compliance with state guidelines. Attachments Bylaw Change 5. Volunteer Separation while Full-Time Fire Department Employee Notwithstanding any by-law to the contrary, the Association may pay or continue paying a service pension or disability benefit to a member who has not separated from "active service"as defined herein with the Fire Department if: (a) The Member is employed by the City to perform duties within the Fire Department on a full-time basis subsequent to retirement as a volunteer firefighter; and (b) The City Manager or the Fire Chief has filed a determination with the association's Board of Trustees that the Member's experience with and service to the Fire Department in that Member's full-time capacity would be difficult to replace; and (c) The Member otherwise meets the requirements of Minnesota Statutes, Chapter 424A, including Minnesota Statute 424A.02, subd. 1, and is authorized to receive a service pension or disability benefit. CITY COUNCIL AGENDA DATE: SECTION: Public Hearing June 16, 2009 DEPARTMENT/DIVISION: ITEM DESCRIPTION: Vacation 09-01 ITEM NO.: IX.A. Denise Christensen Vacation of a portion of the Drainage and Utility Easements lying over,under and Public Works/Engineering across Lot 1, Block 4, Hillcrest Courts 2nd Addition Requested Action Move to: Close the public hearing; and Adopt the resolution vacating a portion of the Drainage and Utility Easements lying over, under and across Lot 12, Block 4, Hillcrest Courts 2nd Addition, according to the recorded plat thereof, Hennepin County, Minnesota. Synopsis The Property Owners have requested the vacation of a portion of the Drainage and Utility easements to correct easement encroachment of their driveway. The driveway still meets the zoning requirements of at least 3 feet from the side lot line so there is no variance required. Attachments • Resolution • Location Map • Site Plan • Published Notice • Notification List CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2009- NOTICE OF VACATION OF A PORTION OF THE DRAINAGE AND UTILITY EASEMENTS OVER, UNDER AND ACROSS LOT 12, BLOCK 4, HILLCREST COURTS 2ND ADDITON VACATION 09-01 WHEREAS, the City of Eden Prairie has (a) certain Drainage and Utility Easement described as follows: That part of Lot 12, Block 4, HILLCREST COURTS 2ND ADDITION described as commencing at the Northwest corner of said Lot 12; thence on an assumed bearing of South 23 degrees 59 minutes 03 seconds West, along the Westerly line of said Lot 12 a distance of 17.42 feet; thence South 66 degrees 00 minutes 57 seconds East a distance of 6.00 feet to the Easterly line of the Utility and Drainage Easement and the actual point of the land to be described; thence South 23 degrees 59 minutes 03 seconds West along said easterly line of the Utility and Drainage Easement a distance of 38.06 feet; thence North 66 degrees 00 minutes 57 seconds West a distance of 0.78 feet; thence Northerly to the actual point of beginning. WHEREAS, a Public Hearing was held on June 16, 2009 after due notice was given to affected property owners and published in accordance with M.S.A. 412.851; and WHERAS, the Council has been advised by City Staff that the proposed vacation of the above described Drainage and Utility Easement has no relationship to the comprehensive municipal plan; and WHEREAS, it has been determined that the said Drainage and Utility Easement is not necessary and has no interest to the public, therefore, should be vacated; and NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said Drainage and Utility Easement as described above is hereby vacated. 2. The City Clerk shall prepare a Notice of Completion of Proceedings in accordance with M.S.A. 412.851. ADOPTED by the Eden Prairie City Council on June 16, 2009. Phil Young, Mayor ATTEST: SEAL Kathleen Porta, City Clerk MANOR _ RD. U 5� ' c,JG-• BIRCH ISLAND LA• 0 �o v pCCi \-P' a\ . n� vi �C WOOD• yo P \--5\, o • eP� c� ��RP �J� 7 TERRACE ,�O.p o� 1 �� LA. DR• QP� • y9< 0� 9� N P\-E Z ce ce La v=i MICHELE LP o �� c,v BAYWOOD v va �0 /R -'��= y/CKO a n '� ��� °Nw°° CT RY 7 P.. cT O off. m � . c'\ /q` Doll/CC /4° ,� C-M( qC / O F,1, � ill CS. P� ("� �C 0 21 \ 192 00 a �q F `'� OG� Fo o a HILL r �' C.�, FtiL �\LL CIR. a CRFS v o qlF �� LA. T CI• mod' o o N. HILLCREST °� �� j S. HILLCREST� CREEKSIDE CT• co d0 m CT. ••-: ( Fob 0 �� 2 SITE OooDDR. UNS •a Ix F- STE LAR 4 TA a " KLIN Ci P o� �/0 0P Ix n a'r° coo \ \ SO• 7/LA. �1 N\:: /....„................. , ( - a `` r'' c/Rj �P �. RCN ��F. LO VALLEY 0 1j. 11 . I a WESTGATE LA. Q gi p �%- • 0 1 4, JG G 00 WESTGATE II DR. 0 0 WESTGATE jw a v/3 4/ Q TH ER WAY _0 TR. o ? 0o ���S �P �GF. a z 0 SHELDON AVE. \ _,k ,.O tc,A. VAC 09-01 NORTH LOCATION MAP CERTIFICATE OF SURVEY Survey for: Paul Conley H11-�C,Resr C ouRr Iv RrH I • n9 B4i1�1'g 6 G' + '" s��A 4,1560, ra • A Ste` - ' er s�gd6, A t -r .J ' �1 In .Q O 0 40 oo. IV C\1 C`) n A em 1 4- 4e 1.. �4 DESCRIPTION FOR VACATION OF A PORTION cT ei OF THE UTILITY AND DRAINAGE EASEMENT ,4 That part of Lot 12,Block 4,IIILLCRFS'f COURTS 2". ADDITION described as commencing at the Nanhwest comer of said Lot I2;thence on an assumed bearing of South • 23 degrees 59 minutes 03 seconds West,along the Westerly r_ �f line of said Lot.12 a distance of 17.42 feet;thence South 66 �77 �-• degrees 00 minutes 57 seconds East a distance of 6.110 feel to B the Easterly line of the Utility and Drainage Easement and the actual point of beginning of the land to be described;thence 6 South 23 degrees 59 minutes i1,3 seconds West along said easterly Q line of the utility and Drainage Easement a distance of 38.06 feel; thence North 66 degrees 00 minutes 57 seconds West a distance of N0.78 feet;thence Northerly to the actual point of beginning. • to s6 a 7,S L/S� 'GO Scale: 1 " = 20 t • Denotes bran Monument round o Denotes iron Monument Set „n m DESCRIPTION: Northwesterly Line of Lot 12, Block 4, ARLSt]!1 wc. HILLCREST COURTS 2ND ADDMON I hereby certify that thin survey woe prepared by me or under y direct eupervielon, and that l am a registered and surveyor under the laws of the Stets,of 'n A. Doted this t7 ay o April. 2009. .ter su+cnnn _� CARLSON de GSRiSON, INC. srll.�,(JS, 350-16 LAND SURVEYORS Larry /Couture. Lon Surveyor Revised: 5/5/09 Tele. No. (952) 888-2084 Minn ote License No. 9018 Revised; f411/04 VACATION 09-01 NOTICE OF VACATION OF A PORTION OF THE DRAINAGE AND UTILITY EASEMENTS OVER,UNDER AND ACROSS LOT 12, BLOCK 4, HILLCREST COURTS 2ND ADDITON Notice is hereby given that a public hearing will be held before the Eden Prairie City Council at the Eden Prairie City Hall, 8080 Mitchell Road, Eden Prairie, Minnesota, on June 16, 2009 at 7:00 p.m. to hear all persons present upon the proposed vacation of a portion of the Drainage &Utility Easement described as follows: That part of Lot 12, Block 4, HILLCREST COURTS 2ND ADDITION described as commencing at the Northwest corner of said Lot 12; thence on an assumed bearing of South 23 degrees 59 minutes 03 seconds West, along the Westerly line of said Lot 12 a distance of 17.42 feet; thence South 66 degrees 00 minutes 57 seconds East a distance of 6.00 feet to the Easterly line of the Utility and Drainage Easement and the actual point of the land to be described; thence South 23 degrees 59 minutes 03 seconds West along said easterly line of the Utility and Drainage Easement a distance of 38.06 feet; thence North 66 degrees 00 minutes 57 seconds West a distance of 0.78 feet; thence Northerly to the actual point of beginning. By Order of the City Council Published in the Eden Prairie News on May 28, 2009 NOTIFICATION LIST VACATION REQUEST 09-01 A copy of the Public Hearing Notice has been sent to owners of the following parcels: 09-116-22-21-0020 09-116-22-22-0023 A copy of the Public Hearing Notice has been sent to the following Utilities: CenterPoint Energy Comcast Qwest Communications Xcel Energy CITY COUNCIL AGENDA DATE: June 16, 2009 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.B. Community Development/ T-Mobile Cellular Tower—Eden Prairie Planning High School Janet Jeremiah/Scott Kipp Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Site Plan Review on 67.33 acres Synopsis A proposed 120-foot T-Mobile cellular tower will replace an existing 100-foot light pole on the northeast side of the Eden Prairie High School football field. The light fixture will be reestablished on a new monopole at the 100-foot height with the cellular antennas placed above. The purpose of the site plan review is for a cellular tower greater than 80 feet tall. This public hearing was started over due to an error in mailing the public hearing notices for the Planning Commission at its April 27`h meeting. Background Information City code states that"a tower's setback may be reduced at the sole discretion of the City Council, to allow the integration of a tower into an existing or proposed structure such as a Place of Worship steeple, light standard, power line support device or similar structure. Integration may include replication of the existing or proposed structure by a new structure provided the new structure is substantially similar in design and color to the exiting or proposed structure and extends no more than 20 feet above the highest point of the existing or proposed structure". (Emphasis added). The setback to residential property normally requires four feet of setback for each foot of tower height for a total setback of 480 feet in this case. Integration of the tower is accomplished by replicating the existing light standard using a similar self-weathering brown core-ten steel monopole. The added load of both antenna and lighting fixture will require a three foot base diameter monopole rather than the two foot base diameter used for the existing lighting monopoles. The developer seeks the City Council's support for a proposed 205-foot setback. Staff alternatives for consideration include: 1). Moving the integrated tower to the southwest side of the football field providing a setback of 450 feet from the residents more in line with code for non-integrated towers. 2). Locating a new independent cell tower resulting in an additional structure within the area already with a number of taller structures. City Council Meeting T-Mobile Cellular Tower—Eden Prairie High School June 16, 2009 Page 2 All options meet the intent of City code. The developer's option integrates the cellular tower with the existing lighting standards on the northeast side of the football field, which best addresses T-Mobile's goal of improvement to its cellular coverage serving the adjacent residential areas. A standard FAA review will need to determine if the tower is considered an obstruction. No building permit will be issued until the FAA determination is completed. The 120-Day Review Period Expires on August 4, 2009. Planning Commission Recommendation The Planning Commission voted 6-0 to recommend approval of the developer's option at its June 8, 2009 meeting. The unapproved minutes for this meeting are not available at this time. Attachments 1. Resolution for Site Plan Review 2. Original Staff Report dated April 24, 2009 3. Location Map 4. Land Use Map 5. Zoning Map 6. Planning Commission Minutes 4-27-09 7. Unapproved CC Minutes 5-19-09 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2009- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR T-MOBILE CELLULAR TOWER—EDEN PRAIRIE HIGH SCHOOL BY T-MOBILE CENTRAL LLC WHEREAS, T-Mobile Central LLC, has applied for Site Plan approval of T-Mobile Cellular Tower—Eden Prairie High School to construct a cell tower; and WHEREAS, the Planning Commission reviewed said application at a public hearing at its June 8, 2009 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its June 16, 2009 meeting. NOW, THEREFORE,BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,that site plan approval be granted to T-Mobile Cellular Tower—Eden Prairie High School based on plans stamp dated April 17, 2009. ADOPTED by the City Council of the City of Eden Prairie this 16th day of June, 2009. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk STAFF REPORT TO: Planning Commission FROM: Scott A. Kipp, Senior Planner DATE: April 24, 2009 SUBJECT: T-Mobile Cellular Tower—Eden Prairie High School APPLICANT: T-Mobile Central LLC OWNER: Independent School District 272 LOCATION: 17185 Valley View Road 120 DAY REVIEW: Expires August 4, 2009 REQUEST: 1. Site Plan Review on 67.33 acres BACKGROUND A T-Mobile cellular tower is proposed to be constructed within the north central portion of the Eden Prairie High School property to provide improved cellular coverage for the surrounding area, particularly to the north. The high school property is guided and zoned Public. Surrounding land uses are low density single family residential to the north and east; park to the south; and medium density single and multi-family residential. SITE PLAN REVIEW A site plan review is required by City code for any cellular tower greater than 80 feet in height. The proposed 120-foot cellular tower will be used in place of an existing 100-foot light pole on the northeast side of the football field. The light fixture will be reestablished at the 100-foot height with the cellular antennas placed above. A cellular tower setback from residentially zoned property normally requires four feet of setback for each foot of tower height up to a maximum height of 150 feet. Based on a 120-foot tower a setback of 480 feet would normally be required. The proposed setback from residential property to the east and west is over 1,200 feet, with a 205-foot setback from the residential property to the north. City code states that a tower's setback may be reduced at the sole discretion of the City Council, to allow the integration of a tower into an existing or proposed structure such as a Place of Worship steeple, light standard, power line support device or similar structure. Integration may include replication of the existing or proposed structure by a new structure provided the new Staff Report—T-Mobile Cellular Tower— Eden Prairie High School April 24, 2009 Page 2 structure is substantially similar in design and color to the exiting or proposed structure and extends no more than 20 feet above the highest point of the existing or proposed structure. Developer Proposed Option Integration of the tower is accomplished by replicating the existing light standard using a similar self-weathering brown core-ten steel monopole. The added load of both antenna and lighting fixture will require a three foot base diameter monopole rather than the two foot base diameter used for the existing lighting monopoles. The developer seeks the City Council's support for the proposed 205 foot setback. Additional Staff Options to Consider 1. Integrate the 120-foot cellular tower on the southwest side of the football field where the other existing 100-foot lighting standard is located. This would result in a setback of approximately 450 feet(30 feet less than city code based solely on tower height). 2. Locate a new 120-foot cellular tower meeting the 480 foot setback somewhere else within the property. SUMMARY All options meet the intent of City code. The developer's option integrates the cellular tower with the existing lighting standards on the northeast side of the football field, which best addresses T-Mobile's goal of improvement to its cellular coverage serving the adjacent residential areas. Moving the tower to the southwest side of the football field also achieves the integration and provides a greater setback from the residents more in line with code for non-integrated towers. Locating a new independent cell tower will add an additional tall structure within the area already with a number of taller structures. STAFF RECOMMENDATION Staff recommends approval of the following request: • Site Plan Review on 67.33 acres. This is based on plans stamp dated April 17, 2009, the staff report dated April 24, 2009 and the following conditions: 1. Prior to Building permit issuance for the property, the proponent shall: A. Work with Eden Prairie Fire and Police to determine that the location of the tower will not interfere with public safety wireless communication, as required by code. Staff Report—T-Mobile Cellular Tower— Eden Prairie High School April 24, 2009 Page 3 B. Obtain a determination from the FAA that the tower is able to be constructed in accordance with recommendations from the FAA, or otherwise not considered an obstruction. Area Location Map - T-Moble Cellular Tower Eden Prairie High School Address: 17185 Valley View Road _ _------- ps__ tivw, SWeIV- ti IS. U., /I oil h, _ 0%* i I 6-alOwir ir'I� ■ ►� � ` II►�� III •• �. NMI OK 4A . el 11_0 - A 14.` R. ■■Milli' - EEET90 pw .A __:.■■■.. , _.Y Z. mate tower;PN Al` — _ Eden Prairie Road r p!��t��i1�`IIi� 4 Inii — - %1 'î' II .- : ma , . 4 �� �,' Valley View Road d 11 Bra i .,,, vat se av ar..1 ro... . 6►1 r I I I l ow l Olt* . • KA r --‘ 0 _ k Ill Ens iiii;� �/llllllll ,Nowilla � �' • `,' No Scale 4 Guide Plan Map T-Mobile Cellular Tower at Eden Prairie High School 1 71 85 Valley View Road ,.... IA„___ „ deal ji1fi4 Bhp AN21111011 41 IPI 4 )_ 40' \ .#p Approximate tower location F.7 4i& & • 411101 ii op. if- 714 iii'raisi TIIi1Pli i Round 01 • topLake .2iIL MI -�► Eden Prairie Road I�� - .lm �� PkI. �lai in , — 1 Valley View Road ) ......... Imp— immii arA4it, 4 a....11E1 Low. ts. 4 sip 0 i /'mr salafr vfo'om r. �� ��iii ��� I NINIP.14 .ice% i fA iii_ mr, iii.vm JM III INF ,,W P Use Gq e _____Vv______ qi. Plan Ma 2000-2020 . 0 P F------(lei—-7 Low Density Residential 0-2.5 Units/Acre Neighborhood Commercial Streams %/A Low Density/Public/Open Space Community Commercial —Metropolitan Urban Service Line(MUSA) Medium Density residential 2.5-10 Units/Acre - Regional Commercial Principal Arterial Medium Density Residential/Office - Park/Open Space —A Minor Arterial —B Minor Arterial ' y +' MI High Density Residential 10-40 Units/Acre 7 Public/Quasi-Public DATE Revised 01-07-0553 DATE Revised 3-0-07 Major Collector DATE Revised 1 DATE Revised 03-01-07 E E N Office Golf Course DATE Revised 11-07-05 DATE Revised 06-01-07 Minor Collector DATE Revised 02-23-06 DATE Revised 10-01-08 DATE Revised 03-23-06 DATE Revised 03-01-08 Office/Industrial - Church/Cemetary DATE Revised 06-23-06 DATE Revised 03-01-09 //2 Office/Public/Open Space Open Water PRAIRIE - Industrial Right-Of-Way Airport Boundary E z.�.sit:�.E.::..m��...ai: ua„,..a.mu,.,o® '-IVE•WORK•OA EA'. 0 0.25 0.5 I Miles Zoning Map Location T-Mobile Cellular Tower at Eden Prairie High School 17185 Valley View Road, Eden Prairie, MN J , i� - ,__.-----)6 ,:rij J.,_____,____—__ ----) , / WOO ,:"--_-_,, - -- ) *MI ,., , ,,, EER r,,_,>,,,,,,,,_------' 0. -- - -_ _ ,..../.6r Eden Prairie Road i 3_,,, Approximate site ,f'`;��, ff � 4 ! of proposed tower '. ; 1 ( � �[ r� . ......:_,...ii ' . --'.'''N --11----N-> ' fir in - r .1 , , , ____ \ Nom som ' Valley View Road f i NE 1 ... - _L \C ( i ,,, _A , ,_ i l I I ! I -IJ` ml r f 3 I l i 1 1 l 1 / .,111 j.-7_____________ . ...) \<,„...-\„. r' �, f `- rairi ro ing Mop Rural -Regional Commercial Shoreland Management Classifications R1-44 One Family-44,000 sf.min. I-I TC-C I NE I Natural Environment Waters R1-22 One Family-22,000 sf min. I I TC-R I RD I Recreational Development Waters R1-13.5 One Family-13,500 sf min. Q TC-MU I GDI General Development Waters(Creeks Only) ''e t + . , R1-9.5 One Family-9,500 sf min. Industrial Park-2 Acre Min, ® 100- Year Floodplain EDEN RM-6.5 Multi-Family-6.7 U.P.A.max. En Industrial Park- 5 Acre Min. Up dated through approved Ordinances#26-2008 -RM-2.5 Multi-Family-17.4 U.P.A.max. MIrl General Industrial-5Acre Min. Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE Office J Public Date:March 1,2009 -Neighborhood Commercial I Golf Course aseofdiscrepe yrelated oezonigclassificationon is zoning map,McONlnen a tivE•wUHK•I EnM end attached legal desedphon on file at Eden Praise City Center will preval. -Community Commercial Water -Highway Commercial Right of Way 0 0.2 0.4 -Regional Service Commercial Miles mmo.. ...P.•mn..a,om m, APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,APRIL 27, 2009 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Katie Lechelt, Jacob Lee, Alexander Martin, Jerry Pitzrick, Peter Rocheford, Kevin Schultz, Jon Stoltz, Travis Wuttke STAFF MEMBERS: Stu Fox, Manager of Parks and Natural Resources Michael Franzen, City Planner Scott Kipp, Senior Planner Rod Rue, City Engineer Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Chair Stoltz called the meeting to order at 7:00 p.m. Kirk was absent. Rocheford arrived at 7:15 p.m. PUBLIC HEARINGS A. T-Mobile Cellular Tower at Eden Prairie High School Location: 17185 Valley View Road • Site Plan Review on 67.33 acres Steve Carlson, T-Mobile representative, presented the proposal. Carlson stated they are proposing to replace the 100-foot light pole on the northeast side of the Eden Prairie High School football field with a 120-foot cellular tower. Carlson utilized the overhead projector to illustrate the proposal. The reason for the change would be to improve network coverage, enhance 911 service, and for improved in-building coverage. He stated they are proposing this site based on need in the area. The high school area was picked because they are trying to replicate what is already there and to blend into the area. There are utility poles already running east and west through the property. The tower would be fenced in and stationed on a concrete slab. Stoltz asked Kipp to review the staff report. Kipp said the purpose of the site plan review is because the tower is greater than 80 feet. He stated Staff recommends approval based on page 2 and 3 of the staff report. Stoltz opened the meeting up for public input. There was no input. Schultz asked Kipp if the City had received any complaints from the residents on Hillcrest Court. Kipp said notices were sent out to all residents within 500 feet of the tower with no responses. Schultz asked if there was a chain link fence on top of the cabinets. Carlson said the cabinets are locked with no chain link fence on top of them. Pitzrick asked Kipp why this proposal is different from the Lake Riley proposal. Kipp said it is different because the tower associated with the Lake Riley proposal was under 80 feet and the site plan review was only on the building that housed the equipment. The request tonight was because the tower is over 80 feet. Pitzrick asked if this tower could be used by another cell phone carrier and would this create more equipment in the area. Carlson said this tower could handle other carriers who in turn would have their own equipment. Currently, T-Mobile has an arrangement with the Eden Prairie High School to house their equipment on the property; therefore any other carrier would have to also make arrangements with the school. Rocheford arrived at this point in the meeting. Lechelt asked Carlson if the Eden Prairie School Board was open to this proposal or was there a long discussion regarding this. Carlson said they dealt with the school staff and the school staff in turn dealt with the school board, and school staff was very open to this proposal. Lechelt asked if the City or the Eden Prairie High School would make any lease money from this arrangement. Kipp stated the City would not make money but rather the school would because the tower is on their property. Stoltz asked what the lease agreement stated in regards to tearing down the tower; what specifically happens to the site. Carlson said it would be restored to the original property appearance. MOTION by Schultz, seconded by Pitzrick, to close the public hearing. Motion carried 8-0. MOTION by Schultz, seconded by Pitzrick to recommend approval of the Site Plan Review on 67.3 acres, based on plans stamped dated April 17, 2009 and the staff report dated April 24, 2009. Motion carried 8-0. Unapproved City Council Minutes for May 19, 2009 Public Hearing A. T-MOBILE CELLULAR TOWER-EP HIGH SCHOOL by T-Mobile Central LLC. Request for Site Plan Review on 67.33 acres. Location: 17185 Valley View Road. Neal said official notice of this public hearing was published in the May 7, 2009, Eden Prairie News and sent to 146 property owners. The T-Mobile project was properly noticed in the newspaper for the Planning Commission meeting on April 27, 2009, however notices to the affected properties owners were not mailed out. Therefore the Planning Commission's recommendation is invalid. The City Council public hearing received proper notice in the paper and notices were mailed to residents 10 days in advance of the meeting. After conferring with legal counsel, it was decided the Council should hold the public hearing, take comments, and close the hearing. A public hearing with the Planning Commission will be scheduled for June 8, 2009. A public hearing with the City Council will be scheduled for June 16tn Neal said a proposed 120-foot T-Mobile cellular tower will replace an existing 100-foot light pole on the northeast side of the Eden Prairie High School football field. The light fixture will be reestablished on a new monopole at the 100-foot height with the cellular antennas placed above. The purpose of the site plan review is for a cellular tower greater than 80 feet tall. Neal said staff alternatives for consideration include: 1). Moving the integrated tower to the southwest side of the football field providing a setback of 450 feet from the residents more in line with code for non-integrated towers. 2). Locating a new independent cell tower resulting in an additional structure within the area already with a number of taller structures. All options meet the intent of City code. The developer's option integrates the cellular tower with the existing lighting standards on the northeast side of the football field, which best addresses T-Mobile's goal of improvement to its cellular coverage serving the adjacent residential areas. He said a standard FAA review will need to determine if the tower is considered an obstruction. No building permit will be issued until the FAA determination is completed. The 120-Day Review Period Expires on August 4, 2009. The Planning Commission voted 8-0 to recommend approval of the developer's option at its April 27, 2009 meeting. Jeremiah apologized to the applicant for any inconvenience and said we would like to take comment from anyone who came tonight before the Public Hearing is closed and the item is sent back to the Planning Commission. Sharon Mattson, 16771 North Hillcrest, said she objected to another eyesore within her neighborhood where they already have the bubble and lights from the stadium. She noted she has no problems with her T-Mobile service either in her residence or in coverage around Eden Prairie. MOTION: Duckstad moved, seconded by Nelson, to close the Public Hearing. Case asked the reason for selecting that particular light pole rather than one of the other poles. Jeremiah said she was sure we have looked at alternatives, but she did not have that information so she will make sure to bring that when it comes back to the Council. Case said he assumed the School District has also studied the various options and asked if they held a hearing or discussion of this. Jeremiah thought it has only been reviewed at the staff level. Aho said in the information packet they said they wanted to use that specific light pole because of the proximity of the pole to the area they wanted to improve. VOTE ON THE MOTION: Motion carried 5-0. CITY COUNCIL AGENDA DATE: June 16, 2009 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.C. Community The Ridge at Riley Creek 3rd Addition Development/Planning Janet Jeremiah/Regina Herron Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 3.4 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Amendment from R1-13.5 on 3.4 acres; and • Adopt the Resolution for Preliminary Plat on 3.4 acres into 2 lots, one outlot and road right of way; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Synopsis This is for a two lot single-family development. Background Information The plan will require a front yard setback waiver from 59 feet to 30 feet. When 40% or more of a block is developed the required setback shall be equal to or greater than the average setback of the principle structure on either side. The existing house is setback 88 feet and a 30 foot setback is permitted for the vacant lot to the north. The waiver allows more of the existing trees in the rear yard to be preserved. The 120-Day Review Period Expires on August 18, 2009. Planning Commission Recommendation The Planning Commission voted 6-0 to recommend approval of the project at the May 11, 2009 meeting. Attachments 1. Resolution PUD Concept 2. Resolution Preliminary Plat 3. Staff Report 4. Location Map 5. Land Use Map 6. Zoning Map 7. Planning Commission Minutes CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2009- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF THE RIDGE AT RILEY CREEK 3RD ADDITION FOR A.J. ROUSE,LLC 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 May 11, 2009, on The Ridge at Riley Creek 3rd Addition by A.J. Rouse, LLC 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 June 16, 2009. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. The Ridge at Riley Creek 3rd Addition, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans stamp dated May 29, 2009. 3. That the PUD Concept meets the recommendations of the Planning Commission May 11, 2009. ADOPTED by the City Council of the City of Eden Prairie this 16th day of June, 2009. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A PUD Concept- (The Ridge at Riley Creek 3rd Addition) Legal Description: Lot 1, Block 1, The Ridge at Riley Creek 2nd Addition. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2009- RESOLUTION APPROVING THE PRELIMINARY PLAT OF THE RIDGE AT RILEY CREEK 3RD ADDITION FOR A.J. ROUSE, LLC BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of The Ridge at Riley Creek 3rd Addition for A.J. Rouse, LLC stamp dated May 29, 2009, and consisting of 3.4 acres into 2 lots, 1 outlot and road right of way, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 16th day of June, 2009. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk STAFF REPORT TO: Planning Commission FROM: Regina Herron, Planner II DATE: May 8, 2009 SUBJECT: The Ridge at Riley Creek 3rd Addition APPLICANT/ A.J. Rouse, LLC OWNER: LOCATION: 9820 Sky Lane 120 DAY REVIEW: August 18, 2009 REQUEST: 1. Planned Unit Development Concept Review on 3.4 acres 2. Planned Unit Development District Review with waivers on 3.4 acres 3. Zoning District Amendment within the R1-13.5 Zoning District on 3.4 acres 4. Preliminary Plat of 3.4 acres into two single family lots, one outlot and right of way Staff Report—The Ridge at Riley Creek 3"Addition May 8, 2009 Page 2 BACKGROUND The Comprehensive Guide Plan shows this site and adjacent properties as Low Density Residential for up to 2.5 units per acre. The property is zoned R1-13.5. Surrounding zoning is R1-13.5 and Rural. There is an existing house and garage located on the property. PRELIMINARY PLAT The proposal is to plat the property into two single-family lots. Lot one is 44,457 square feet and Lot two is 86,206 square feet, exceeding the minimum 13,500 square foot requirement. The proposed house pad for Lot one meets the side and rear yard setbacks for the R1-13.5 zoning district. The house pad for Lot two meets the setback requirements for the R1-13.5 zoning district. Outlot A will be dedicated to the City. PLANNED UNIT DEVELOPMENT WAIVERS A front yard setback waiver is required for the house pad for Lot one. The plan will require the following waiver: 1. Front yard setback of 30 feet. A 59 foot minimum front yard setback is required for Lot 1. When 40% or more of a block is developed the required setback shall be equal to or greater than the average setback of the principle structure on either side. The existing house is setback 88 feet and a 30 foot setback is permitted for the vacant lot to the north. The waiver allows more of the site to be preserved for trees and minimizes grading. The purpose of using planned unit development waivers is to result in a plan with clear benefits to the City than if the project was developed in manner that conforms to City Code. Approval of a waiver is discretionary. The City must determine if the benefits of the project (saving trees) is a fair exchange for the waivers. GRADING AND TREE LOSS The plan shows tree loss based on proposed house pads. There are 2368 diameter inches of significant trees on the property. Tree loss due to construction has been calculated at 6%, or 142 caliper inches. Tree replacement is 11.3 caliper inches. The tree replacement plan shows 15 caliper inches meeting this requirement. DRAINAGE AND UTILITIES Drainage will be directed into the rear yard storm sewer as indicated on the plans. City sewer and water is available to the property. Staff Report—The Ridge at Riley Creek 3"Addition May 8, 2009 Page 3 FLYING CLOUD AIRPORT Flying Cloud Airport is located approximately one mile to the east of the property. Safety zones are established to protect the approach corridor from obstructions and other hazards to aircraft. Noise zones are based on noise contours determined from forecasted aircraft operations at the airport and are shown as DNL 60 and DNL 65 contours. All homes are located outside these zones. Because of the projected number of aircraft over-flights to occur in this area, the developer will need to provide a disclosure statement to all first homeowners in the development advising of the proposed airport expansion and associated over-flights. In addition, each home will need to be designed and constructed to provide for an interior noise reduction to 45 dBA based on the Metropolitan Council's Builder Guide. This is similar to the Ridge at Riley Creek development project. STAFF RECOMMENDATION Recommend approval of the following request: 1. Preliminary Plat of 3.4 acres into two lots, one outlot and road right-of-way. This is based on plans stamp dated April 20, 2009 the Staff Report dated May 8, 2009 and the following conditions: 1. Prior to release of the final plat, the proponent shall: A. Submit detailed storm water runoff, utility, and erosion control plans for review and approval by the City Engineer and Watershed District. B. Pay all City sewer and water assessment and connection fees. C. Dedicate Outlot A, and the 60-foot conservation easement as depicted in the plans to the City. 2. Prior to grading permit issuance, the proponent shall: A. Notify the City and Watershed District 48 hours in advance of grading. B. Install erosion control on the property, as well as tree protection fencing at the grading limits in the wooded areas for trees to be preserved as part of the development. Said fencing shall be field inspected by the City Forester prior to any grading. 3. Prior to building permit issuance for the property, the proponent shall: Staff Report—The Ridge at Riley Creek 3"Addition May 8, 2009 Page 4 A. Provide building documentation to the Building Official verifying that the houses will meet an interior noise reduction to 45 dBA according to the Metropolitan Council's Builders Guide. B. Provide a disclosure statement to all first homeowners advising of the propose airport expansion and associated over flights. C. Submit a tree replacement bond for review. D. Pay the appropriate cash park fee. 4. The following waiver is granted through the PUD for the project: A. Front yard setback of 30 feet. A 59 foot minimum front yard setback is required for Lot 1. Area Location Map - The Ridge At Riley Creek 3rd Addition Address: 9820 Sky Lane Eden Prairie, MN Stratus Court Sky Lane \ 1010k 1111111 Site N Beverly Drive Vo Scale NI Stratus Court II 11/1 • '0 - *, 1177 .0 Sky Lane wit WWI 1 . _ Beverly Drive L Legend Low Density Residential 0-2.5 Units/Acre Neighborhood Commercial Guide Plan M a p ii i■Low Density/Public/Open Space Community Commercial N -Medium Density residential 2.5-10 Units/Acre-Regional Commercial The Ridge at Riley Creek ®Medium Density Residential/Office -Park/Open Space 3rd AdditionA. ••. 1- -High Density Residential 10-40 Units/Acre Public/Quasi-Public 9820 Sky Lane EDEN Office I Golf Course r/A,Office/Industrial -Church/Cemetary Eden Prairie, MN VA Office/Public/Open Space I Open Water No Scale PRAIRIE -Industrial -Right-Of-Way Ll .V Rs•OAEAM Stratus Court / Sky Lane - *, 1 lilt \/ -N______________ Beverly Drive Legend =Rural -Regional Commercal R1-44 One Family-44,000 sf.min. -TC-C IR1-22 One Family-22,000 sf min. -TC-R Zoning Map �T R1-13.5 One Family-13,500 sf min. -TC-MU The Ridge at Riley Creek 1 V R1-9.5 One Family-9,500 sf min. 1 I Industrial Park-2 Acre Min, /� -RM-6.5 Mulh-Family-6.7 U.P.A.max. I I Industrial Park-5Acre Min. 3rd AdditionA , !,/! 1 /{I -RM-2.5 Multi-Family-17.4 U.P.A.max.-General Industrial-5 Acre Min. EDE N 1 1Office Public 9820 Sky Lane Neighborhood Commercal �[ IGolf Course Eden Prairie, MN ` I Community Commercial 1 I Water No Scale PRAIRIE -Highway Commercial 1 I Right of Way -Regional Service Commercial LIVE•WORK•OREAM APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,MAY 11,2009 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Katie Lechelt, Jacob Lee, Alexander Martin, Jerry Pitzrick, Peter Rocheford, Kevin Schultz, Jon Stoltz, Travis Wuttke STAFF MEMBERS: Stu Fox, Manager of Parks and Natural Resources Michael Franzen, City Planner Rod Rue, City Engineer Julie Krull, Recording Secretary PUBLIC HEARINGS The Ridge at Riley Creek 3'1 Addition by A.J. Rouse, LLC. Location: 9820 Sky Lane. Request for: • Planned Unit Development Concept Review on 3.4 areas • Planned Unit Development District Review with waivers on 3.4 acres • Zoning District Amendment within the R1-13.5 Zoning District on 3.4 acres • Preliminary Plat of 3.4 acres into two single family lot, 1 outlot and road right of way Jeff Shoenwetter, representing A.J. Rouse, presented the proposal. He stated they currently have one large site. They would like to plat this property into two single-family lots. Lot one is 44,457 square feet and Lot two is 86,206 square feet, exceeding the minimum 13,500 square foot requirement. Outlot A would be dedicated to the City. Shanlenger utilized the overhead projector to show the property and the proposed changes. Kirk asked Franzen to review the staff report. Franzen stated Staff recommends approval based on page 3 and 4 of the staff report. He pointed out there is a front yard setback waiver. Kirk opened the meeting up for public input. There was no public input. Pitzrick asked how this would affect the Beverly Drive area. Franzen stated there would be future requests like this coming in with these large lot sizes. Pitzrick asked if all of the lots could be divided in R1-13.5 areas. Franzen stated they could. MOTION by Pitzrick, seconded by Schultz, to close the public hearing. Motion carried 6-0. MOTION by Pitzrick, seconded by Schultz, to recommend approval of the Planned Unit Development Concept Review on 3.4 acres; Planned Unit Development District Review with waivers on 3.4 acres; Zoning District Amendment within the R1-13.5 Zoning District on 3.4 acres and Preliminary Plat of 3.4 acres into two single family lots, one outlot and road right-of-way, based on plans stamped dated April 20, 2009 and the staff report dated May 8,2009. Motion carried 6-0. CITY COUNCIL AGENDA DATE: SECTION: Public Hearing June 16, 2009 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.D. Christy Weigel, Licensing Precious Metal Dealer License Police/Support Unit Requested Action Move to: • Close the Public Hearing; and • Approve the Precious Metal Dealer's License for Marquis Jewelers, Inc, DBA: Wedding Day Diamonds Synopsis Wedding Day Diamonds, located at 8320 Crystal View Lane, has applied for a Precious Metal Dealer's License. A public hearing for the issuance of a Precious Metal Dealer's license is required by City Code Section 5.71, Subd. 10. Notice of the public hearing was published in the June 4, 2009 Eden Prairie News and mailed to 15 property owners. A precious metal dealer is defined as any person engaging in the business of buying secondhand items containing precious metal, including, but not limited to,jewelry, watches, eating utensils, candlesticks, and religious and decorative objects. The Police Department has completed background investigations on the owners and business and recommends approval of this license. CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims June 15, 2009 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 186643 — 187400 Wire Transfers 3433 —3456 City of Eden Prairie Council Check Summary 6/15/2009 Division Amount Division Amount General 260,345 315 Economic Development 6,489 100 City Manager 3,517 502 Park Development 1,214 101 Legislative 919 503 Utility Improvement 341,121 102 Legal Counsel 39,775 506 Improvment Bonds 1996 4,250 110 City Clerk 287 509 CIP Fund 80,171 111 Customer Service 18,868 512 CIP Trails 1,589 113 Communications 8,109 513 CIP Pavement Management 1,771 114 Benefits&Training 13,732 515 Fire Station#4 1,838 130 Assessing 1,205 521 Trails Referendum 6,967 131 Finance 3,825 522 Improvement Projects 2006 5,779 132 Housing and Community Services 13,068 Total Capital Project Funds 451,188 133 Planning 439 136 Public Safety Communications 5,192 601 Prairie Village Liquor 228,160 137 Economic Development 229 602 Den Road Liquor 307,264 138 Community Development Admin. 3,484 603 Prairie View Liquor 202,092 150 Park Administration 591 605 Den Road Building 1,451 151 Park Maintenance 23,037 701 Water Fund 216,140 153 Organized Athletics 13,618 702 Sewer Fund 267,607 154 Community Center 14,678 703 Storm Drainage Fund 32,230 156 Youth Programs 385 Total Enterprise Funds 1,254,943 157 Special Events 579 158 Adult Recreation 3,078 316 WAFTA 163 159 Recreation Administration 1,898 803 Escrow Fund 75,885 160 Therapeutic Recreation 6 809 Investment Fund 1,028 161 Oak Point Pool 6,146 Total Agency Funds 77,076 162 Arts 2,458 163 Outdoor Center 4,038 168 Arts Center 2,259 807 Benefits Fund 666,869 180 Police 33,085 812 Fleet Internal Service 139,982 183 Emergency Preparedness 2,852 813 IT Internal Service 40,584 184 Fire 20,627 815 Facilites Operating ISF 34,448 186 Inspections 828 816 Facilites City Center ISF 90,660 201 Street Maintenance 36,972 817 Facilites Comm.Center ISF 65,130 202 Street Lighting 67,976 Total Internal Service Funds 1,037,673 Total General Funds 608,105 Report Totals 4,171,543 300 Heritage Preservation Grants 1,725 301 CDBG 51,312 303 Cemetary Operation 1,106 308 E-911 1,135 309 DWI Forfeiture 1,527 312 Recycle Rebate 20 Total Special Revenue Funds 56,825 417 $3,390,000 Facility Bond 2000 47,500 426 G.O.Equip Cert.2004B-Pumper 122,705 427 2005 G.O.IMPR BONDS 31,045 428 G.O.Improv.Revolving 2005B 45,649 434 2008A Capital Equipment Notes 388,545 435 2008B G.O.Improvement Bonds 50,290 Total Debt Funds 685,733 City of Eden Prairie Council Check Register 6/15/2009 Check# Amount Vendor/Explanation Account Description Business Unit Explanation 3452 388,545 MORGAN STANLEY Interest 2008A Capital Equipment Notes Bond Payment 186903 311,690 ENCOMM MIDWEST INC Machinery&Equipment Utility Improvement Fund Well 16 187148 261,903 METROPOLITAN COUNCIL ENVIRONME Licenses&Taxes Sewer Utility-General Wastewater Fee 3446 190,219 WELLS FARGO MINNESOTA N A Federal Taxes Withheld Health and Benefits Federal Taxes Withheld 186776 183,876 NEW WORLD SYSTEMS Other Assets CIP-Bonds Police CAD System 3436 154,093 WELLS FARGO MINNESOTA N A Federal Taxes Withheld Health and Benefits Federal Taxes Withheld 3451 126,984 WELLS FARGO BANK MINNESOTA NA Interest 2008B G.O.Improvement Bonds Bond Payment 3449 122,705 ANCHOR BANK Interest G.O.Equip.Cert.2004B-Pumper Bond Payment 3453 121,137 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits PERA 3438 119,266 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits PERA 3440 93,002 MINNESOTA DEPT OF REVENUE Cash Over/Short General Fund 187006 84,249 XCEL ENERGY Electric City Hall-CAM 186839 78,571 XCEL ENERGY Electric City Hall-CAM 187171 75,000 OLYMPUS VENTURES Deposits Escrow 187030 50,000 HAUGE CONSTRUCTION COMPANY Other Contracted Services Rehab 3450 47,500 BANK OF NEW YORK,THE Interest $3,390,000 Facility Bond 2000 187026 46,027 ELK RIVER Autos Fire 187344 45,604 ODESA II LLC Other Contracted Services Capital Impr./Maint.Fund 187111 44,965 GREGERSON ROSOW JOHNSON&NILA Legal Legal Criminal Prosecution 187334 44,517 MN DNR WATERS Licenses,Permits,Taxes Utility Operations-General 186935 40,195 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store 186735 37,827 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store 3447 36,931 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 186696 34,360 ELK RIVER Autos Fire 3437 30,537 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 186840 28,038 YALE MECHANICAL INC Other Contracted Services Utility Improvement Fund 187195 27,324 SHI INTERNATIONAL CORP Software Maintenance IT Operating 187132 27,245 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store 186829 26,676 WALL TRENDS INC Contract Svcs-General Bldg Community Center Maintenance 187304 25,723 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store 187300 22,839 JJ TAYLOR DISTRIBUTING MINNESO Liquor Prairie View Liquor Store 186862 22,361 ABM JANITORIALSERVICES-NORTH C Cleaning Supplies Fire Station#4 186918 21,729 GRIGGS COOPER&CO Transportation Prairie View Liquor Store 187207 20,010 THORPE DISTRIBUTING Beer Prairie View Liquor Store 186752 19,655 MARK VII Beer Prairie View Liquor Store 186816 19,641 THORPE DISTRIBUTING Beer Prairie View Liquor Store 187145 19,603 MARK VII Beer Prairie View Liquor Store 187339 18,173 NEW WORLD SYSTEMS Other Assets CIP-Bonds 186732 17,769 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie View Liquor Store 187283 17,626 GRIGGS COOPER&CO Transportation Prairie View Liquor Store 186723 17,450 HOLM BROS MECHANICAL Equipment Repair&Maint Water Treatment Plant 186884 17,023 CENTERPOINT ENERGY SERVICES IN Gas Water Treatment Plant 3444 15,835 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 187317 15,723 MARK VII Beer Den Road Liquor Store 186962 15,647 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit Explanation 186985 15,638 THORPE DISTRIBUTING Misc Taxable Den Road Liquor Store 187115 15,537 HANSEN THORP PELLINEN OLSON Other Contracted Services Round Lake 3433 15,420 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 187046 15,137 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store 187116 14,946 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Operating 186969 14,910 QUALITY WINE&SPIRITS CO Transportation Prairie View Liquor Store 186796 14,407 QUALITY WINE&SPIRITS CO Transportation Prairie View Liquor Store 186921 14,147 HAWKINS INC Treatment Chemicals Water Treatment Plant 186715 14,137 GRIGGS COOPER&CO Transportation Prairie View Liquor Store 186941 13,380 MARK VII Beer Den Road Liquor Store 3443 12,940 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 187113 12,895 GRIGGS COOPER&CO Transportation Prairie View Liquor Store 186930 12,890 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie View Liquor Store 187379 12,716 THORPE DISTRIBUTING Misc Taxable Den Road Liquor Store 186767 12,640 MOELTER GRAIN INC Lime Residual Removal Water Treatment Plant 187353 12,520 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store 3434 12,479 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 186785 11,817 PHILLIPS WINE AND SPIRITS INC Transportation Prairie Village Liquor Store 187184 11,508 QUALITY WINE&SPIRITS CO Transportation Prairie View Liquor Store 187129 11,430 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie View Liquor Store 186864 11,143 ADVANCED ENGINEERING&ENVIRON Machinery&Equipment Utility Improvement Fund 187357 9,771 QUALITY WINE&SPIRITS CO Transportation Prairie View Liquor Store 187093 8,906 DAY DISTRIBUTING Beer Prairie View Liquor Store 187047 8,544 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 187279 8,542 GRAYMONT Treatment Chemicals Water Treatment Plant 187110 8,511 GRAYMONT Treatment Chemicals Water Treatment Plant 187312 8,498 LIFE INSURANCE COMPANY OF NORT Life Insurance EE/ER Health and Benefits 186691 8,346 E H RENNER&SONS Other Contracted Services Utility Improvement Fund 186861 8,248 A-SCAPE INC Contract Svcs-Lawn Maint. City Hall-CAM 186892 8,079 DAY DISTRIBUTING Beer Prairie View Liquor Store 186794 8,000 PROP Other Contracted Services Housing and Community Service 187287 7,988 HEWLETT-PACKARD COMPANY Computers IT Operating 187259 7,740 DAY DISTRIBUTING Wine Domestic Prairie View Liquor Store 186686 7,551 DAY DISTRIBUTING Misc Non-Taxable Prairie View Liquor Store 187178 7,124 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store 187201 6,863 SRF CONSULTING GROUP INC Other Contracted Services Storm Drainage 186984 6,671 THATCHER COMPANY OF MONTANA Treatment Chemicals Water Treatment Plant 187120 6,600 HENNEPIN COUNTY MEDICAL CENTER Tuition Reimbursement/School Fire 186931 6,596 JOHN DEERE GOVERNMENT&NATION Autos Park and Recreation 187333 6,500 MMKR Audit&Financial Sewer Accounting 186986 6,278 THYSSENKRUPP ELEVATOR CORPORAT Contract Svcs-Elevator Fire Station#1 187290 6,274 HOISINGTON KOEGLER GROUP INC Other Contracted Services Economic Development Fund 187078 6,226 BELLBOY CORPORATION Transportation Prairie View Liquor Store 186997 6,220 WALL TRENDS INC Contract Svcs-Gen.Bldg City Center Operations 186728 6,116 IND SCHOOL DIST 272 Other Contracted Services Oak Point Operations 186835 6,083 WINE MERCHANTS INC Transportation Prairie View Liquor Store 187152 6,000 MIDWEST DESIGN CO Other Contracted Services Communications 187248 5,987 BROWN TRAFFIC PRODUCTS INC Equipment Repair&Maint Traffic Signals 186713 5,752 GRAYMONT Treatment Chemicals Water Treatment Plant Check# Amount Vendor/Explanation Account Description Business Unit Explanation 186811 5,690 STREICHERS Protective Clothing Police 186916 5,686 GRAYMONT Treatment Chemicals Water Treatment Plant 186761 5,490 MINNESOTA HIGHWAY SAFETY&RES Tuition Reimbursement/School Police 187368 5,439 SHORT ELLIOTT HENDRICKSON INC Design&Engineering Infiltration/Inflow Study 186782 5,281 PAUSTIS&SONS COMPANY Transportation Prairie View Liquor Store 187008 5,203 ZIEGLER INC Contract Svcs-Fire/Life/Safe Police City Center 187244 5,101 BELLBOY CORPORATION Transportation Prairie View Liquor Store 186666 5,089 BELLBOY CORPORATION Transportation Prairie View Liquor Store 186675 4,800 CENTERPOINT ENERGY Gas Water Treatment Plant 186836 4,797 WM MUELLER AND SONS INC Repair&Maint.Supplies Infiltration/Inflow Study 187001 4,783 WINE MERCHANTS INC Transportation Prairie View Liquor Store 187042 4,719 NEW WORLD SYSTEMS Other Assets CIP-Bonds 187325 4,717 MIDWEST ASPHALT CORPORATION Patching Asphalt Street Maintenance 186895 4,504 DIVERSE BUILDING MAINTENANCE Janitor Service-General Bldg Arts Center 186876 4,383 BELLBOY CORPORATION Transportation Prairie View Liquor Store 187151 4,351 MIDWEST ASPHALT CORPORATION Repair&Maint.Supplies Storm Drainage 187089 4,323 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Street Maintenance 187376 4,258 SUPERIOR STRIPING INC Contract Svcs-Asphalt/Concr. Senior Center 186883 4,254 CEMSTONE PRODUCTS COMPANY Repair&Maint. Supplies Storm Drainage 186676 4,096 CENTERPOINT ENERGY SERVICES IN Gas City Hall-CAM 187041 4,074 MRPA Special Event Fees Softball 186727 4,011 IDEXX DISTRIBUTION CORP Laboratory Chemicals Water Treatment Plant 187109 3,864 GRAPE BEGINNINGS Transportation Prairie View Liquor Store 187252 3,830 CEMSTONE PRODUCTS COMPANY Improvement Contracts CIP Trails 186948 3,829 MIDWEST ASPHALT CORPORATION Patching Asphalt Street Maintenance 186847 3,706 CENTURYTEL Telephone General 187222 3,625 WINE MERCHANTS INC Transportation Prairie View Liquor Store 187348 3,581 PAUSTIS&SONS COMPANY Transportation Prairie View Liquor Store 186923 3,499 HENNEPIN COUNTY SHERIFF'S OFFI Board of Prisoner Police 187213 3,459 VESSCO INC Equipment Repair&Maint Water Treatment Plant 186693 3,455 EARL F ANDERSEN INC Signs Traffic Signs 187143 3,450 MADISON NATIONAL LIFE Disability Ins Employers Health and Benefits 187081 3,362 BIFFS INC Waste Disposal Park Maintenance 187176 3,348 PAUSTIS&SONS COMPANY Transportation Prairie View Liquor Store 186869 3,341 ASPEN WASTE SYSTEMS INC. Waste Disposal Community Center Maintenance 187398 3,325 YALE MECHANICAL INC Contract Svcs-HVAC Prairie View Liquor Store 186959 3,299 PAUSTIS&SONS COMPANY Transportation Prairie View Liquor Store 186897 3,288 EAGLE WINE COMPANY Transportation Den Road Liquor Store 186958 3,140 NORTHSTAR MUDJACKING SPECIALIS Mudjacking Curbs Drainage 187049 3,059 RICHFIELD,CITY OF Autos Public Works 187361 3,037 RIDGEVIEW MEDICAL CENTER Health&Fitness Fire 186789 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage General 187284 3,000 HARLEY CONSULTING&COACHING Other Contracted Services Community Development Admin. 186911 2,936 GARDEN ROOM FRATELLI'S GARDEN Miscellaneous Internal Events 187044 2,883 OLYMPIC HILLS GOLF CLUB Operating Supplies Reserves 187370 2,803 SPRINT Wireless Subscription IT Operating 186799 2,798 QWEST Telephone Prairie Village Liquor Store 187306 2,677 KEEPERS Clothing&Uniforms Fire 186699 2,600 EPI INVESTIGATIONS INC Building Repair&Maint. Utility Improvement Fund Check# Amount Vendor/Explanation Account Description Business Unit Explanation 187381 2,575 TRUCKVAULT INC Capital Under$10,000 Fleet Operating 186813 2,563 SUBURBAN TIRE WHOLESALE INC Tires Fleet Operating 186683 2,533 CREEKRIDGE CAPITAL LLC Capital Under$10,000 2nd Sheet of Ice 187291 2,533 HYDROLOGIC WATER MANAGEMENT Repair&Maint.Supplies Park Maintenance 187147 2,513 METRO SALES INCORPORATED* Office Supplies General 186979 2,511 SPIRIT APPAREL&STUFF Operating Supplies Girls on the Run 186673 2,504 CEMSTONE PRODUCTS COMPANY Repair&Maint.Supplies Storm Drainage 186854 2,500 STOREFRONT GROUP,THE Other Contracted Services Housing and Community Service 186880 2,445 BUETOW AND ASSOCIATES INC Building Park Acquisition&Dev Fixed A 187098 2,439 EMMONS&OLIVIER RESOURCES INC Other Contracted Services Storm Drainage 186719 2,403 HENNEPIN COUNTY MEDICAL CENTER Tuition Reimbursement/School Police 186852 2,390 SCHLEE,THERESA ANN Other Contracted Services Organizational Services 187341 2,291 NORTH STAR PUMP SERVICE Equipment Repair&Maint Sewer Liftstation 187121 2,265 HOHENSTEINS INC Beer Prairie View Liquor Store 186878 2,264 BRAUER& ASSOCIATES LTD Other Assets Capital Impr/Maint Fixed 186757 2,237 METRO SALES INCORPORATED* Other Rentals General 187342 2,233 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Operating 187065 2,230 ADVANCED ENGINEERING&ENVIRON Process Control Services Water Treatment Plant 186955 2,162 NEW FRANCE WINE COMPANY Transportation Prairie View Liquor Store 187156 2,162 MINNESOTA TROPHIES&GIFTS Operating Supplies Fire 187343 2,161 NORTHSTAR MUDJACKING SPECIALIS Seal Coating Street Maintenance 187329 2,152 MINNESOTA PRINT MANAGEMENT LLC Office Supplies General 186765 2,149 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Lake 187215 2,114 VINOCOPIA Transportation Prairie View Liquor Store 187054 2,109 SOUTHWEST SUBURBAN PUBLISHING- Printing Communications 187321 2,097 METRO SALES INCORPORATED* Other Rentals General 186856 2,088 USA MOBILITY WIRELESS INC Pager&Cell Phone Wireless Communication 186698 2,072 ENVIRONMENTAL EQUIPMENT&SERV Equipment Parts Fleet Operating 187202 2,067 ST PAUL,CITY OF Patching Asphalt Street Maintenance 186722 2,045 HOHENSTEINS INC Beer Prairie View Liquor Store 187391 2,035 WINE MERCHANTS INC Transportation Prairie View Liquor Store 186749 2,000 LEBLANC,ERIC Tuition Reimbursement/School Organizational Services 186975 1,954 SCHARBER&SONS Machinery&Equipment Park and Recreation 187323 1,951 MEUWISSEN,JESSICA Tuition Reimbursement/School Organizational Services 187002 1,912 WM MUELLER AND SONS INC Gravel Water System Maintenance 187198 1,825 SPEEDPRO IMAGING INC Capital Under$10,000 Community Center Admin 187102 1,816 GALE-TEC ENGINEERING INC Other Contracted Services Storm Drainage 186964 1,802 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical City Hall-CAM 187032 1,802 HOME DEPOT CREDIT SERVICES Supplies-General Bldg Arts Center 187061 1,800 WYFFELS,BILL Tuition Reimbursement/School Organizational Services 186652 1,771 ADVANCED ENGINEERING&ENVIRON Machinery&Equipment Utility Improvement Fund 186670 1,771 BRAUN INTERTEC CORPORATION Testing-Soil Boring CIP Pavement Management 187191 1,725 ROBERT C VOGEL Other Contracted Services 1999 CLG Grant 186729 1,708 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 187154 1,648 MINNESOTA CLAY CO.USA Recreation Supplies Arts Center 186965 1,624 PRECISION FINISHING Other Contracted Services Capital Impr./Maint.Fund 186949 1,612 MIDWEST COCA COLA BOTTLING COM Misc Non-Taxable Den Road Liquor Store 186695 1,610 ELECTRO MECHANICAL CONTRACTING Other Contracted Services Park Maintenance 3442 1,596 GENESIS EMPLOYEE BENEFITS,INC Other Contracted Services Health and Benefits Check# Amount Vendor/Explanation Account Description Business Unit Explanation 186980 1,565 STELLAR ENERGY SERVICES INC Contract Svcs-Fire/Life/Safe Fire Station#4 187277 1,561 GRAINGER Cleaning Supplies Utility Operations-General 187076 1,532 BECKER ARENA PRODUCTS INC Repair&Maint-Ice Rink Ice Arena Maintenance 186942 1,500 MEALS ON WHEELS Other Contracted Services Housing and Community Service 186886 1,500 CONCRETE CUTTING&CORING INC Repair&Maint.Supplies Storm Drainage 187347 1,495 PAUL'S TWO-WAY RADIO Other Contracted Services Wireless Communication 187205 1,490 SURLY BREWING CO Beer Den Road Liquor Store 187338 1,483 NEW FRANCE WINE COMPANY Transportation Den Road Liquor Store 187004 1,477 WORLD CLASS WINES INC Transportation Prairie View Liquor Store 187264 1,465 EARL F ANDERSEN INC Contract Svcs-General Bldg Community Center Maintenance 187007 1,448 ZEP MANUFACTURING CO Lubricants&Additives Fleet Operating 186899 1,438 ECOLAB INC Contract Svcs-Pest Control City Hall-CAM 186953 1,376 MOORE WALLACE-AN RR DONNELLE Miscellaneous DWI Forfeiture 187017 1,375 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 186845 1,369 ZIEGLER INC Contract Svcs-Fire/Life/Safe Police City Center 186692 1,365 EAGLE WINE COMPANY Transportation Prairie View Liquor Store 186780 1,350 PASSIONWERX LLC Other Contracted Services Organizational Services 187327 1,310 MINNESOTA ATHLETIC APPAREL Operating Supplies Emergency Preparedness 186994 1,285 VAN PAPER COMPANY Cleaning Supplies City Hall-CAM 187232 1,279 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 186963 1,262 POMP'S TIRE SERVICE INC Tires Fleet Operating 186650 1,251 ABM EQUIPMENT AND SUPPLY COMPA Equipment Parts Fleet Operating 187288 1,241 HIGHWAY TECHNOLOGIES INC Signs Traffic Signs 186970 1,214 QUIRING TRUCKING&EXCAVATING Other Contracted Services Park Acquisition&Development 186770 1,193 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 186915 1,193 GRAPE BEGINNINGS Transportation Prairie View Liquor Store 187358 1,179 QWEST Telephone Prairie Village Liquor Store 186992 1,178 US BANK Other Contracted Services Health and Benefits 187096 1,170 EAGLE WINE COMPANY Transportation Prairie View Liquor Store 186646 1,169 A-SCAPE INC Contract Svcs-Snow Removal City Hall-CAM 187071 1,168 AQUA ENGINEERING INC Grounds Maintenance Utility Operations-General 187326 1,158 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 186983 1,152 SUBURBAN TIRE WHOLESALE INC Tires Fleet Operating 186726 1,133 IDEAL SERVICE INC Equipment Repair&Maint Water Wells 186763 1,123 MINNESOTA PIPE AND EQUIPMENT* Repair&Maint.Supplies Water System Maintenance 187359 1,099 QWEST Maintenance Contracts E-911 Program 186800 1,092 RAY,LEE Other Contracted Services Softball 186925 1,078 HIRSHFIELDS PAINT MANUFACTURIN Operating Supplies Park Maintenance 187289 1,078 HIRSHFIELDS PAINT MANUFACTURIN Operating Supplies Park Maintenance 186826 1,075 VINOCOPIA Transportation Den Road Liquor Store 186704 1,066 FIETEK,CHRIS Tuition Reimbursement/School Organizational Services 187239 1,064 ASPEN EQUIPMENT CO. Equipment Parts Fleet Operating 186913 1,059 GOPHER STATE ONE-CALL INC OCS-Leak Detection Utility Operations-General 186938 1,057 KUSTOM SIGNALS INC Equipment Repair&Maint Police 186872 1,037 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 187324 1,035 MICHELAU,JOHN Other Contracted Services Softball 186834 1,009 WINE COMPANY,THE Transportation Den Road Liquor Store 186711 1,003 GRAINGER Equipment Parts Water Treatment Plant 186877 999 BOUNDLESS NETWORK Clothing&Uniforms Community Center Admin Check# Amount Vendor/Explanation Account Description Business Unit Explanation 187354 995 PICKLE,BRAD Operating Supplies Girls on the Run 186904 984 EULL'S MANUFACTURING CO INC Repair&Maint.Supplies Infiltration/Inflow Study 187286 981 HERSEY-METERS Repair&Maint.Supplies Water Metering 187319 980 MEDICINE LAKE TOURS Special Event Fees Trips 187294 975 INTERSTATE POWER SYSTEMS INC Maintenance Contracts Water Wells 187278 972 GRAPE BEGINNINGS Transportation Den Road Liquor Store 187161 954 MT GLOBAL LLC Transportation Prairie View Liquor Store 3435 952 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 3445 952 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 186793 938 PROP Other Contracted Services Housing and Community Service 187203 931 STORK,ALEX Other Contracted Services Environmental Education 187216 930 VISTAR CORPORATION Merchandise for Resale Concessions 187309 925 LAB SAFETY SUPPLY INC Cleaning Supplies Utility Operations-General 187000 918 WINE COMPANY,THE Transportation Den Road Liquor Store 187114 902 HACH COMPANY Laboratory Chemicals Water Treatment Plant 187091 900 CORPORATE EXPRESS Office Supplies General 187276 900 GOOD,JAMIE Tuition Reimbursement/School Organizational Services 187255 900 CLAREYS INC Office Supplies General 186740 889 KEEPERS Clothing&Uniforms Fire 187355 876 PRAIRIE ELECTRIC COMPANY Other Contracted Services Park Maintenance 187134 868 KEEPERS Clothing&Uniforms Fire 187295 866 ITRON INC. Maintenance Contracts Water Metering 186866 862 ANCHOR PAPER COMPANY Office Supplies Police 186654 860 ALEX AIR APPARATUS INC Equipment Testing/Cert. Fire 187267 856 ENVIRONMENTAL EQUIPMENT&SERV Equipment Parts Fleet Operating 186687 844 DELEGARD TOOL CO Equipment Parts Fleet Operating 186946 842 METRO SALES INCORPORATED* Other Rentals General 187251 835 CAT&FIDDLE BEVERAGE Wine Imported Prairie Village Liquor Store 186661 828 ASSOCIATED BAG COMPANY Operating Supplies Inspections-Administration 187097 821 ECOLAB INC Contract Svcs-Pest Control Fire Station#4 187068 812 AMERICAN PRESSURE INC Equipment Repair&Maint Water Treatment Plant 187172 811 OPPORTUNITY PARTNERS Janitor Service City Hall-CAM 187241 801 ASPEN WASTE SYSTEMS INC. Other Contracted Services Fleet Operating 187088 800 CARTER'S CAFE INC Training Supplies Police 187307 800 KELLOGG COMMUNITY COLLEGE Tuition Reimbursement/School Fire 186995 792 VERNCO MAINTENANCE INC Grounds Maintenance Utility Operations-General 187261 779 DNR Clothing&Uniforms Recreation Administration 187268 778 EXECUTIVE OCEAN Awards City Council 186689 770 DUDA PLUMBING SERVICE INC Contract Svcs-Plumbing City Center Operations 186801 762 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating 187192 750 SCHMIT TOWING INC Training Supplies Fire 187245 749 BLOOMINGTON,CITY OF Other Contracted Services Animal Control 186660 745 ASPEN WASTE SYSTEMS INC. Waste Disposal Den Road Liquor Store 186974 736 SCAFFOLD SERVICE INC Improvements to Land Capital Impr/Maint Fixed 186706 700 FORTIN CONSULTING INC Other Contracted Services Storm Drainage 186684 695 CTS TRAINING INSTITUTE Tuition Reimbursement/School Police 187003 686 WORK CONNECTION,THE Other Contracted Services Park Maintenance 187224 686 WORK CONNECTION,THE Other Contracted Services Park Maintenance 187394 686 WORK CONNECTION,THE Other Contracted Services Park Maintenance Check# Amount Vendor/Explanation Account Description Business Unit Explanation 187399 684 Z WINES USA LLC Transportation Prairie View Liquor Store 187231 676 1ST LINE/LEEWES VENTURES LLC Operating Supplies Community Center Maintenance 186971 671 RELIAKOR SERVICES INC Contract Svcs-Asphalt/Concr. City Hall-CAM 187274 659 GE CAPITAL Other Rentals General 186954 638 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 186754 638 MEDICINE LAKE TOURS Special Event Fees Trips 186907 633 FEDEX KINKO'S OFFICE AND PRINT Printing Emergency Preparedness 187395 628 WORLD CLASS WINES INC Transportation Den Road Liquor Store 187016 624 RAY,LEE Other Contracted Services Softball 187360 624 RAY,LEE Other Contracted Services Softball 186830 624 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 186821 623 UNIQUE PAVING MATERIALS Patching Asphalt Street Maintenance 187382 615 TRUE FABRICATIONS Transportation Den Road Liquor Store 187225 609 WORLD CLASS WINES INC Transportation Den Road Liquor Store 187298 608 JAMAR TECHNOLOGIES INC Equipment Parts Fleet Operating 187250 606 CANNON RIVER WINERY Wine Domestic Prairie Village Liquor Store 186802 600 ROTH,ANDREW J. Instructor Service Outdoor Center 187123 600 HOUTZ,STEPHEN J Other Contracted Services Summer Theatre 186712 585 GRAPE BEGINNINGS Transportation Den Road Liquor Store 186874 583 BEARIED TREASURES CRAFTS LLC Clothing&Uniforms Recreation Administration 186932 581 JOHN HENRY FOSTER MINNESOTA IN Maintenance Contracts Water Treatment Plant 187271 580 FIRE SAFETY USA INC Small Tools Fire 187031 576 HENNEPIN COUNTY UT DEPT Software Maintenance IT Operating 186902 574 EMPLOYERS ASSOCIATION INC Other Contracted Services Organizational Services 187075 571 BEC INC Equipment Repair&Maint Traffic Signals 187127 562 INFRATECH Repair&Maint.Supplies Sewer System Maintenance 186914 555 GRAINGER Equipment Parts Fleet Operating 187066 552 AL'S COFFEE Merchandise for Resale Concessions 186867 552 ANCHOR PRINTING COMPANY Printing Arts Center 186724 552 HOLMES,TOM Other Contracted Services Softball 186815 543 THE OASIS GROUP Employee Assistance Organizational Services 187033 543 HWY 5 BP Equipment Repair&Maint Police 186912 542 GE CAPITAL Other Rentals General 187107 540 GOVDELIVERY Software Maintenance IT Operating 186806 535 SIRIUS PROMOTIONS INC Operating Supplies Recreation Administration 187385 533 VINO SOURCE,THE Transportation Prairie View Liquor Store 186664 531 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Operating 186701 529 FALCK,TIMOTHY R Other Contracted Services Softball 186990 525 ULI-THE URBAN LAND INSTITUTE Dues&Subscriptions Community Development Admin. 186868 522 ANDERBERG INNOVATIVE PRINT SOL Printing Police 3455 515 WELLS FARGO MINNESOTA N A Federal Taxes Withheld Health and Benefits 187366 511 SHADYWOOD TREE EXPERTS INC Other Contracted Services Tree Removal 187227 506 ZAHN,GERALD Other Contracted Services Volleyball 187159 505 MN STATE BOARD OF ASSESSORS Licenses&Taxes Assessing 186688 500 DIETHELM,TAMMY L Other Contracted Services Pleasant Hill Cemetery 186893 500 DIETHELM,TAMMY L Other Contracted Services Pleasant Hill Cemetery 186945 500 METRO FIRE OFFICERS ASSN Dues&Subscriptions Fire 187119 500 HENNEPIN COUNTY HOUSING,COMMU Other Contracted Services Rehab 187133 500 JULEE QUARVE-PETERSON INC Design&Engineering Planning&Development Check# Amount Vendor/Explanation Account Description Business Unit Explanation 187138 500 LAYMON,MARY Other Contracted Services Summer Theatre 187144 500 MAECK,TOM Other Contracted Services Summer Theatre 187150 500 MICHAELSON,ELIZABETH H Other Contracted Services Summer Theatre 187160 500 MN WEIGHTS AND MEASURES Equipment Repair&Maint Police 187037 495 MERRY BOBB MUSIC INC Other Contracted Services Special Initiatives 187104 492 GERTENS Landscape Materials/Supp Park Maintenance 186843 491 ZARNOTH BRUSH WORKS INC. Equipment Repair&Maint Park Maintenance 187345 491 OLSEN COMPANIES Small Tools Water System Maintenance 187038 490 MINNEAPOLIS POLICE DEPARTMENT Tuition Reimbursement/School Police 186775 483 NEUMANN,NEAL Other Contracted Services Softball 187014 483 KRAMER,TRENT C Other Contracted Services Softball 187221 480 WINE COMPANY,THE Transportation Den Road Liquor Store 186809 480 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Operating 187372 478 STREICHERS Clothing&Uniforms Police 187392 470 WINTER EQUIPMENT COMPANY Equipment Repair&Maint Traffic Signals 187378 469 TESSMAN SEED CO Chemicals Park Maintenance 186808 468 STANLEY SECURITY SOLUTIONS INC Supplies-Security Community Center Maintenance 187139 467 M R SIGN Signs Traffic Signs 186653 467 AL'S COFFEE Merchandise for Resale Concessions 187265 464 EDEN PRAIRIE NOON ROTARY CLUB Dues&Subscriptions Police 187009 460 DOHERTY,SANDRA L Other Contracted Services Volleyball 187316 459 M.AMUNDSON LLP Transportation Prairie View Liquor Store 187377 455 SURLY BREWING CO Beer Prairie View Liquor Store 187223 451 WM MUELLER AND SONS INC Gravel Water System Maintenance 186951 451 MINNESOTA ROADWAYS CO Patching Asphalt Street Maintenance 186879 445 BRYAN ROCK PRODUCTS INC Landscape Materials/Supp Park Maintenance 187393 441 WM MUELLER AND SONS INC Patching Asphalt Street Maintenance 187103 439 GE CAPITAL Other Rentals General 186792 424 PROP United Way Withheld General Fund 187196 420 SIRCHIE FINGER PRINT LABORATOR Operating Supplies Police 186900 417 EDEN PRAIRIE ROTARY CLUB Dues&Subscriptions Fire 187189 416 RIDGEVIEW MEDICAL CENTER Employment Support Test Organizational Services 187253 416 CENTERPOINT ENERGY Gas Miller Park 187226 413 XCEL ENERGY Electric Arts Center 187364 408 SEELYE Equipment Repair&Maint Water Treatment Plant 3441 400 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 186717 400 HARLEY CONSULTING&COACHING Other Contracted Services Organizational Services 186751 400 MAACO Equipment Repair&Maint Fleet Operating 186844 400 ZIEBART OF MINNESOTA INC Equipment Repair&Maint Fleet Operating 187141 400 MAACO Equipment Repair&Maint Fleet Operating 186827 394 VWR INTERNATIONAL INC Laboratory Chemicals Water Treatment Plant 186929 390 J H LARSON COMPANY Contract Svcs-Electrical Community Center Maintenance 187029 389 GENERAL GROWTH PROPERTIES LP-E Building Rental Housing and Community Service 186681 384 CORPORATE EXPRESS Office Supplies General 187108 381 GRAINGER Repair&Maint.Supplies Public Works/Parks 187086 380 CALIFORNIA CONTRACTORS SUPPLIE Operating Supplies Utility Operations-General 187167 371 NORTHWEST BUSINESS SYSTEMS Other Contracted Services Park Maintenance 3439 368 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 187367 354 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie Village Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit Explanation 187217 351 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 186851 350 ROBICHONS THE IN-LINE SKATE SC Instructor Service Youth Programs Administration 187136 349 KRISS PREMIUM PRODUCTS INC Contract Svcs-HVAC City Hall-CAM 187165 349 NEW FRANCE WINE COMPANY Transportation Prairie View Liquor Store 187390 348 WINE COMPANY,THE Transportation Prairie View Liquor Store 186909 348 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance 186764 345 MINNESOTA REVENUE Licenses&Taxes Water Treatment Plant 186838 345 WREDE,JULIANE Other Contracted Services Volleyball 187122 345 HOLMES,TOM Other Contracted Services Softball 187310 343 LAKE COUNTRY DOOR LLC Equipment Repair&Maint Utility Operations-General 186943 343 MEDTOX Employment Support Test Organizational Services 187397 342 XCEL ENERGY Electric Emergency Preparedness 187273 341 GANDER MOUNTAIN Operating Supplies Emergency Preparedness 186950 340 MINNESOTA PIPE AND EQUIPMENT* Repair&Maint.Supplies Water System Maintenance 186988 339 TRI COUNTY BEVERAGE&SUPPLY Beer Prairie View Liquor Store 187179 335 POMP'S TIRE SERVICE INC Tires Fleet Operating 186859 335 SCOTT COUNTY SHERIFF'S OFFICE Deposits Escrow 186645 335 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 186755 334 MENARDS Operating Supplies Park Maintenance 187194 333 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie View Liquor Store 186957 332 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Operating 187048 330 PRECISION FINISHING Equipment Repair&Maint Fleet Operating 187337 330 NEW FOGEY FOLLIES Special Event Fees Trips 186738 326 JONES AND BARTLETT PUBLISHERS Training Supplies Fire 187280 321 GREATAMERICA LEASING CORP. Postage General 186810 315 STERLING FENCE INC Improvement Contracts CIP Trails 186682 312 COSTCO Merchandise for Resale Concessions 187187 312 RAY,LEE Other Contracted Services Softball 186679 308 CONCRETE CUTTING&CORING INC Equipment Parts Fleet Operating 186825 307 VERIZON WIRELESS Pager&Cell Phone Park Maintenance 187236 307 ANCHOR PRINTING COMPANY Printing Police 3454 306 WISCONSIN DEPARTMENT OF REVENU State Taxes Withheld Health and Benefits 187117 304 HAWK LABELING SYSTEMS Operating Supplies Community Center Admin 187063 304 A TO Z RENTAL CENTER Operating Supplies Wine Club 186731 303 J H LARSON COMPANY Repair&Maint-Ice Rink Ice Arena Maintenance 186858 300 SCOTT COUNTY SHERIFF'S OFFICE Deposits Escrow 187015 299 LONESKY,JAMES G Other Contracted Services Softball 187297 297 J H LARSON COMPANY Operating Supplies Street Lighting 186814 294 TERRITORIAL SUPPLIES INC Training Supplies Police 186819 292 TWIN CITY FILTER SERVICE INC Contract Svcs-HVAC Community Center Maintenance 186947 291 METROPOLITAN FORD Equipment Parts Fleet Operating 187105 289 GETTMAN COMPANY Misc Taxable Prairie View Liquor Store 187204 288 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 186890 287 CUB FOODS EDEN PRAIRIE Operating Supplies Emergency Preparedness 187149 286 METROPOLITAN FORD Equipment Parts Fleet Operating 186716 280 GUNDERSON,CONSTANCE L. Instructor Service Arts Center 187064 280 AAA LAMBERTS LANDSCAPE PRODUCT Landscape Materials/Supp Street Maintenance 187186 276 QWEST Telephone IT Telephone 187010 276 ELIASON,STEVE J Other Contracted Services Softball Check# Amount Vendor/Explanation Account Description Business Unit Explanation 187332 275 MINNESOTA VALLEY WHOLESALE Landscape Materials/Supp Street Maintenance 186896 270 DPC INDUSTRIES INC Treatment Chemicals Water Treatment Plant 187034 268 IRMITER,JESSE Clothing&Uniforms Police 186822 264 UNITED WAY United Way Withheld General Fund 186651 262 ACTION PLUS SPORTSWEAR Operating Supplies Girls on the Run 187220 261 WICHTERMAN'S LTD Equipment Repair&Maint Fleet Operating 186772 261 MULCAHY COMPANY INC Supplies-HVAC Community Center Maintenance 186993 259 VALLEY NAT'L GASES-LOC 93 Equipment Parts Fleet Operating 187257 258 CONSTRUCTION MATERIALS INC Asphalt Overlay Street Maintenance 186978 257 SOUTHWEST SUBURBAN PUBLISHING- Legal Notices Publishing City Clerk 187074 256 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Operating 187260 255 DELEGARD TOOL CO Equipment Parts Fleet Operating 187027 253 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police 186940 252 M.AMUNDSON LLP Misc Taxable Prairie View Liquor Store 186939 250 LEROY JOB TRUCKING INC Other Contracted Services Animal Control 187023 250 CLAUSEN,DAVE Deposits Escrow 186967 248 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 187318 247 MASS BAR-MATE CORP Transportation Den Road Liquor Store 187285 246 HENNEPIN COUNTY UT DEPT Equipment Repair&Maint Wireless Communication 186972 245 RIGHTWAY GLASS INC Equipment Repair&Maint Fleet Operating 186889 245 COSTCO Operating Supplies Fire 187299 245 JENKINS,JOEL S Other Contracted Services Basketball 186981 241 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Operating 187374 240 SUBURBAN TIRE WHOLESALE INC Tires Fleet Operating 186908 240 FIRE DEPARTMENT TRAINING NETWO Dues&Subscriptions Fire 187330 240 MINNESOTA REVENUE Licenses&Taxes Fleet Operating 186720 235 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Guide Plan 187235 232 AMERIPRIDE LINEN&APPAREL SER Janitor Service Prairie Village Liquor Store 186837 231 WORLD CLASS WINES INC Transportation Den Road Liquor Store 186863 231 ACCURINT-ACCOUNT# 1348824 Other Contracted Services Police 186759 231 MIDWEST FUELS INVER GROVE HTS Motor Fuels Fleet Operating 186803 231 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie View Liquor Store 187314 230 LONESKY,JAMES G Other Contracted Services Softball 186743 229 KRAEMER MINING&MATERIALS INC Gravel Street Maintenance 187170 228 OLSEN COMPANIES Repair&Maint.Supplies Park Maintenance 186936 228 KEEPERS Clothing&Uniforms Police 187315 227 LUSHINE,PEGGY E Operating Supplies Summer Theatre 187082 225 BOUND TREE MEDICAL LLC Safety Supplies Fire 187045 225 PIONEER PHOTOGRAPHY Other Contracted Services Senior Center Administration 186922 216 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Park Maintenance 186910 215 G&K SERVICES Clothing&Uniforms General Facilities 186667 213 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations-General 187197 211 SNAP-ON TOOLS Small Tools Fleet Operating 186853 210 SHORT ELLIOTT HENDRICKSON INC Other Contracted Services Storm Drainage 187322 209 METROPOLITAN FORD Equipment Parts Fleet Operating 186678 209 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 187070 209 ANCHOR PRINTING COMPANY Advertising Prairie Village Liquor Store 187254 207 CHOICE INC Other Contracted Services Prairie Village Liquor Store 186707 206 FRAGALE,ANNETTE Other Contracted Services Senior Center Administration Check# Amount Vendor/Explanation Account Description Business Unit Explanation 187146 206 MENARDS Operating Supplies Park Maintenance 186658 205 ANCHOR PRINTING COMPANY Printing Police 187275 204 GIRLS ON THE RUN Operating Supplies Girls on the Run 186657 204 ANCHOR PAPER COMPANY Office Supplies General 186920 202 HAGGENMILLER LUMBER INC Building Materials Capital Impr./Maint.Fund 186944 201 MENARDS Repair&Maint.Supplies Sewer System Maintenance 186671 200 BURNETTE,AMBER L Instructor Service Outdoor Center 186745 200 KUOCH,CEDAR Accounts Receivable Community Center Admin 186873 200 BCA BTS Tuition Reimbursement/School Police 186881 197 CAT&FIDDLE BEVERAGE Wine Imported Prairie View Liquor Store 187101 196 G&K SERVICES-MPLS INDUSTRIAL Other Rentals Park Maintenance 186748 195 LANO EQUIPMENT INC Equipment Parts Fleet Operating 186812 195 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 187328 189 MINNESOTA HUMAN SERVICES Other Contracted Services Park Maintenance 187350 187 PEPSI COLA COMPANY Misc Taxable Prairie Village Liquor Store 187219 187 WESTWOOD PROFESSIONAL SERVICES Other Contracted Services Storm Drainage 186709 186 GOT SWAT GEAR.COM INC Clothing&Uniforms Police 186694 185 EKLOF DOCKS Equipment Repair&Maint Park Maintenance 187331 184 MINNESOTA TROPHIES&GIFTS Operating Supplies Police 187012 184 FOSTER,KATHERINE Other Contracted Services Volleyball 187073 184 BARNES,BELINDA A. Other Contracted Services Volleyball 187163 184 MURRAY,JOHN Other Contracted Services Softball 187336 184 MURRAY,JOHN Other Contracted Services Softball 186771 183 MUENCH,JOHANNA Clothing&Uniforms Ice Show 187169 182 NUCO2 INC Repair&Maint.Supplies Pool Maintenance 186833 181 WICHTERMAN'S LTD Repair&Maint.Supplies Park Maintenance 186966 180 PRINTERS SERVICE INC Contract Svcs-Ice Rink Ice Arena Maintenance 186647 176 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 186669 175 BOUNDLESS NETWORK Operating Supplies Ice Arena 186762 175 MINNESOTA MUNICIPAL UTILITIES Dues&Subscriptions Utility Operations-General 187365 174 SEVENICH,WENDY Mileage&Parking Community Center Admin 187233 173 A TO Z RENTAL CENTER Other Rentals Water Treatment Plant 187100 170 FIRENET SYSTEMS INC Equipment Testing/Cert. Utility Operations-General 186999 169 WIGLEY AND ASSOCIATES Software IT Operating 186926 168 HYDROLOGIC WATER MANAGEMENT Operating Supplies Street Maintenance 186865 168 AMERIPRIDE LINEN&APPAREL SER Janitor Service Prairie Village Liquor Store 187106 166 GINA MARIAS INC Operating Supplies Emergency Preparedness 186885 165 CLEARWATER RECREATION Repair&Maint.Supplies Staring Lake 187320 165 MENARDS Asphalt Overlay Street Maintenance 187166 164 NORTH CENTRAL LABORATORIES Laboratory Chemicals Water Treatment Plant 187249 163 CAMPBELL KNUTSON,P.A. Legal WAFTA 187380 161 TROPICANA CHILLED DSD Merchandise for Resale Concessions 187386 161 VINOCOPIA Transportation Den Road Liquor Store 186746 160 LAB SAFETY SUPPLY INC Lab Supplies Water Treatment Plant 186677 159 CLAREYS INC Office Supplies General 186919 158 GUNNAR ELECTRIC CO INC Other Contracted Services Park Maintenance 186788 157 POMP'S TIRE SERVICE INC Tires Fleet Operating 187085 156 BRO-TEX INC Operating Supplies Fleet Operating 187373 155 SUBURBAN CHEVROLET Equipment Parts Fleet Operating Check# Amount Vendor/Explanation Account Description Business Unit Explanation 186855 154 UNDHEIM,NAOMI Mileage&Parking Community Center Admin 186976 152 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie View Liquor Store 186737 150 JOHNSON,JIM Other Contracted Services Assessing 186768 150 MOQUIST,LYNDON Other Contracted Services Assessing 186777 150 O'CONNOR,ANNETTE Other Contracted Services Assessing 186786 150 PIDCOCK,PATRICIA Other Contracted Services Assessing 187018 150 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 187193 150 SCRAP METAL PROCESSORS INC Equipment Parts Fleet Operating 187340 150 NFPA Dues&Subscriptions Fire 186783 148 PERSCHNICK,ANGELA Accounts Receivable Community Center Admin 186998 147 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 187199 146 SPRINT Wireless Subscription IT Operating 186668 145 BLOOMINGTON SECURITY SOLUTIONS Contract Svcs-Security Prairie Village Liquor Store 186977 141 SIGNSOURCE Other Contracted Services City Council 186656 141 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store 187069 141 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store 187092 138 DALE GREEN COMPANY,THE Landscape Materials/Supp Street Maintenance 186773 138 MURRAY,JOHN Other Contracted Services Softball 187200 138 SPS COMPANIES Repair&Maint.Supplies Park Maintenance 187051 137 SCHULTZ,CRAIG Accounts Receivable Community Center Admin 186820 137 UNIFORMS UNLIMITED Clothing&Uniforms Police 187174 135 PAIGE,LARRY Mileage&Parking Utility Operations-General 187036 135 MEHRA,RAHUL&JENNIFER Building Permits General Fund 187387 134 VWR INTERNATIONAL INC Laboratory Chemicals Water Treatment Plant 186700 134 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 186906 134 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store 187243 131 BATTERY TECH INC Equipment Parts Fleet Operating 187388 131 WALSER CHRYSLER JEEP Equipment Repair&Maint Fleet Operating 186898 130 EARL F ANDERSEN INC Contract Svcs-General Bldg Fire Station#2 187084 129 BOYLES,SAM Small Tools Fleet Operating 187396 128 WORM,SANDY Landscape Materials/Supp Park Maintenance 186901 124 EGAN OIL COMPANY Lubricants&Additives Fleet Operating 186648 124 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 187293 122 INDUSTRIAL FLOOR MAINTENANCE I Equipment Parts Fleet Operating 187040 120 MITTELSTADT,SCOTT Clothing&Uniforms Police 186987 120 TOM'S WINDOW CLEANING Window Cleaning Den Bldg.-Direct 187258 118 CUSTOM REMODELERS Building Permits General Fund 186787 116 PIONEER DRAMA SERVICE Operating Supplies Arts Initiative 187056 115 SUBURBAN CHEVROLET Equipment Repair&Maint Fleet Operating 187126 114 INDUSTRIAL FLOOR MAINTENANCE I Equipment Parts Fleet Operating 187099 112 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 187190 112 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating 186982 112 STREICHERS Training Supplies Police 187180 110 PRAIRIE ELECTRIC COMPANY Building Repair&Maint. Utility Operations-General 186703 108 FERRELLGAS Motor Fuels Fleet Operating 187173 106 OUTDOORS AGAIN INC Other Contracted Services Pleasant Hill Cemetery 186905 104 EXECUTIVE OCEAN Employee Award Internal Events 187270 102 FASTSIGNS Contract Svcs-General Bldg Community Center Maintenance 187266 102 EDEN PRAIRIE WINLECTRIC Other Contracted Services Street Lighting Check# Amount Vendor/Explanation Account Description Business Unit Explanation 186690 100 DUOOS,BRIAN Other Contracted Services Assessing 186824 100 USPCA REGION 12 Tuition Reimbursement/School Police 187242 100 BAKKUM,ZACHARY Refunds Environmental Education 187246 100 BOLD,PAULINE Instructor Service Outdoor Center 187346 100 OTTERNESS,RON Instructor Service Outdoor Center 186804 99 SHRED-IT Waste Disposal City Center Operations 186680 99 CONNEY SAFETY PRODUCTS Office Supplies General 186790 99 PRAIRIE LAWN AND GARDEN Equipment Parts Park Maintenance 186823 98 UPPER MIDWEST COMMUNITY POLICI Tuition Reimbursement/School Police 187067 98 ALTERNATIVE BUSINESS FURNITURE Supplies-General Bldg Furniture 186882 97 CAWLEY COMPANY,THE Clothing&Uniforms Community Center Admin 3448 95 US BANK TRUST HRA Health and Benefits 187055 95 STATE OF MINNESOTA Licenses&Taxes Fleet Operating 187124 95 HYDROLOGIC WATER MANAGEMENT Repair&Maint.Supplies Park Maintenance 186848 94 FEIDT,ADAM M Mileage&Parking IT Operating 187128 94 INTOXIMETERS Equipment Repair&Maint Police 186846 94 CARLSON,JENNIFER Open Fees Oak Point Operations 187140 94 M.AMUNDSON LLP Misc Taxable Den Road Liquor Store 186747 93 LANDS END CORPORATE SALES Clothing&Uniforms Police 186860 92 US POSTMASTER-HOPKINS Postage Senior Center Administration 187011 92 FORDAHL,TAMARA Other Contracted Services Volleyball 187013 92 HERRIG,JEFF Other Contracted Services Softball 186870 91 AT&T MOBILITY Pager&Cell Phone Water System Maintenance 187060 91 WEIGEL,CHRISTY Tuition Reimbursement/School Police 187025 90 EAGLEMASTER INC Equipment Repair&Maint Water Treatment Plant 187269 90 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store 187292 90 IND SCHOOL DIST 272 Operating Supplies Girls on the Run 186894 89 DISPLAY SALES Repair&Maint-Ice Rink 3rd Sheet of Ice 187090 89 CONCRETE CUTTING&CORING INC Small Tools Street Maintenance 187206 89 THIELMAN,MARC Mileage&Parking General Facilities 186996 88 VINO SOURCE,THE Wine Domestic Den Road Liquor Store 187135 88 KENNEDY,ROXANNE Clothing&Uniforms Ice Show 186928 85 ITS A KEEPER Awards Internal Events 187218 84 WERTS,SANDY Mileage&Parking Special Events Administration 187162 84 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 187094 83 DISPLAY SALES Office Supplies General 186663 82 BATTUTA,RASHID Accounts Receivable Community Center Admin 186817 81 TOLL GAS AND WELDING SUPPLY Small Tools Fleet Operating 186730 80 ITS A KEEPER Employee Award Internal Events 187182 80 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 186766 80 MN NCPERS GROUP LIFE INSURANCE Life Insurance EE/ER General Fund 186769 79 MOTOROLA Equipment Repair&Maint Wireless Communication 187153 79 MIDWEST PLAYSCAPES Repair&Maint.Supplies Round Lake 187043 78 OLSEN'S EMBROIDERY/COMPANY Clothing&Uniforms Police 187118 77 HD SUPPLY WATERWORKS LTD Equipment Repair&Maint Park Maintenance 187262 77 DONALD SALVERDA&ASSOCIATES Other Contracted Services Community Development Admin. 3456 76 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 186871 75 AZTEC BP Equipment Repair&Maint Police 187164 75 NCEMSC Dues&Subscriptions Fire Check# Amount Vendor/Explanation Account Description Business Unit Explanation 187301 73 JOHN DEERE LANDSCAPES/LESCO Landscape Materials/Supp Street Maintenance 187053 72 SIVITAR,ALISON AR Utility Water Enterprise Fund 187240 70 ASPEN MILLS Clothing&Uniforms Fire 186891 70 CULLIGAN BOTTLED WATER Operating Supplies Fire 186887 70 CONSTRUCTION MATERIALS INC Building Materials Park Maintenance 187311 69 LIDDELL,TONY R. Operating Supplies Emergency Preparedness 187028 69 FRANKLIN,WOODROW G Clothing&Uniforms Reserves 186760 69 MINNESOTA DEPT OF HEALTH Licenses&Taxes Water System Maintenance 187168 67 NORTHWEST RESPIRATORY SERVICE EMS Supplies Fire 187383 67 UNIFORMS UNLIMITED Clothing&Uniforms Police 186849 64 FSH COMMUNICATIONS LLC Telephone Round Lake 186828 64 WACONIA FARM SUPPLY Operating Supplies Park Maintenance 187208 64 THYSSENKRUPP ELEVATOR CORPORAT Contract Svcs-Elevator Community Center Maintenance 186697 61 ENGLER,AARON Accounts Receivable Community Center Admin 186662 61 BAHE,THOMAS Mileage&Parking Police 187021 60 CHARNEY,DIANNE Accounts Receivable Community Center Admin 186744 57 KRAEMERS HARDWARE INC Repair&Maint-Ice Rink Ice Arena Maintenance 187237 56 ANDERSON LAKES ANIMAL HOSPITAL Other Contracted Services Animal Control 186644 55 JR'S APPLIANCE DISPOSAL INC Waste Disposal Community Center Maintenance 186710 55 GOVERNMENT FINANCE OFFICERS AS Dues&Subscriptions Finance 187181 54 PUTNAM,PAT Accounts Receivable Community Center Admin 187313 54 LINDAHL,DAVID Mileage&Parking Economic Development 187137 52 LANDS END CORPORATE SALES Clothing&Uniforms Police 186708 51 GINA MARIAS INC Operating Supplies Reserves 187369 51 SPECIALIZED ENVIRONMENTAL TECH Waste Disposal Park Maintenance 187363 50 SCHWARTZ,SHANNON S Instructor Service Outdoor Center 187175 49 PAPER DIRECT INC Office Supplies General 186956 49 NEWPAPER LLC Operating Supplies Internal Events 187095 48 DMX MUSIC Other Contracted Services Prairie Village Liquor Store 187234 47 AMERICAN RED CROSS Licenses,Permits,Fees Pool Lessons 187362 46 SCHWARTZ,RONALD JAMES Other Contracted Services Volleyball 187142 46 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Operating 186718 44 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Water System Maintenance 187375 43 SUMMIT Accounts Receivable Community Center Admin 187389 43 WEBER,DOUGLAS Accounts Receivable Community Center Admin 187247 42 BOYER TRUCKS Equipment Parts Fleet Operating 187400 41 ZEE MEDICAL SERVICE Safety Supplies Community Center Admin 186989 40 TWIN CITY SEED CO Landscape Materials/Supp Park Maintenance 186753 40 MARTINEZ,LUIS&MEGAN Deposits Community Center Admin 186779 40 PAHL,DANIEL Deposits Community Center Admin 186805 40 SHRIKHANDE,PRASHANT&ULKA Deposits Community Center Admin 187087 40 CAMP RIPLEY MESS FUND Tuition Reimbursement/School Police 186927 36 IND SCHOOL DIST 272 Operating Supplies Police 186842 35 ZADELL,DIANE Open Fees Ice Arena 187212 35 USTA Dues&Subscriptions Tennis 187305 35 KANSANBACK,RACHEL Tuition Reimbursement/School Fire 187335 35 MOHAMED,HUSSEIN Accounts Receivable Community Center Admin 186937 33 KRAEMERS HARDWARE INC Equipment Parts Fleet Operating 186807 33 SNAP-ON TOOLS Small Tools Fleet Operating Check# Amount Vendor/Explanation Account Description Business Unit Explanation 187308 33 KOCOUREK,JOAN Clothing&Uniforms Police 187125 32 IDEARC MEDIA CORP (VERIZON DI Advertising Prairie Village Liquor Store 187209 31 TROPICANA CHILLED DSD Merchandise for Resale Concessions 187188 31 RICHFIELD,CITY OF Licenses&Taxes Fleet Operating 187059 30 WARNER'S OUTDOOR SOLUTIONS INC Cash Over/Short General Fund 187155 30 MINNESOTA DEPARTMENT OF PUBLIC Dues&Subscriptions Police 187210 30 TWIN CITIES ARMA Conference Expense City Clerk 186739 30 JWRC Training Supplies Police 187185 29 QUICKSILVER EXPRESS COURIER Operating Supplies Planning 187349 29 PEARSON,ELLEN Accounts Receivable Community Center Admin 186781 28 PAULSEN,ANN Accounts Receivable Community Center Admin 186649 27 ABLE HOSE&RUBBER INC Small Tools Fleet Operating 186888 25 CORPORATE EXPRESS Office Supplies General 187158 25 MINNESOTA WATER WELL ASSOCIATI Training Supplies Utility Operations-General 187022 24 CHRISTENSEN,MARGE Accounts Receivable Community Center Admin 187024 24 DEGENSTEIN,RUTH Accounts Receivable Community Center Admin 187050 24 SCHUG,DIANA Accounts Receivable Community Center Admin 187052 24 SHIMANSKI,BERMA Accounts Receivable Community Center Admin 187057 24 SYZMANSKI,ALICE Accounts Receivable Community Center Admin 186952 24 MIRACLE RECREATION EQUIPMENT C Repair&Maint.Supplies Homeward Hills Park 187039 23 MINNESOTA POLLUTION CONTROL AG Licenses&Taxes Water Treatment Plant 186702 21 FASTENAL COMPANY Equipment Parts Fleet Operating 187238 21 AQUA ENGINEERING INC Repair&Maint.Supplies Park Maintenance 187384 20 UPS Postage Sewer System Maintenance 186655 20 ALLAR,RANDY Deposits Community Center Admin 186665 20 BELL,THOMAS Deposits Community Center Admin 186685 20 DAHLKE,MEGAN Deposits Community Center Admin 186705 20 FISHER,RICHARD Deposits Community Center Admin 186721 20 HOEBELHEINRICH,ROBERT Deposits Community Center Admin 186725 20 HUSABY,WILLIS Deposits Community Center Admin 186741 20 KOKAL.CRYSTAL Deposits Community Center Admin 186742 20 KOTULA,JEFFREY Deposits Community Center Admin 186750 20 LILLY,JOSEPH Deposits Community Center Admin 186756 20 MENGE,HEATHER Deposits Community Center Admin 186778 20 O'CONNOR,JOHN Deposits Community Center Admin 186797 20 QUAN,WEI Deposits Community Center Admin 186831 20 WARREN,KYLE Deposits Community Center Admin 186832 20 WESTERGAARD,MARGE Deposits Community Center Admin 186841 20 YUAN,JIANPING Deposits Community Center Admin 186850 20 LEBLANC,ERIC Clothing&Uniforms Police 186924 20 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire 187019 20 ASSOCIATION OF RECYCLING MANAG Conference Expense Recycle Rebate 187035 19 LIZAMA,LANDY RIVERO AR Utility Water Enterprise Fund 187263 18 DOVER,RUTH Accounts Receivable Community Center Admin 186672 18 CAWLEY COMPANY,THE Office Supplies City Manager 187072 17 ASPEN MILLS Clothing&Uniforms Reserves 186659 17 ASPEN MILLS Clothing&Uniforms Police 186774 16 MUSIC THEATRE INTERNATIONAL Other Contracted Services Summer Theatre 186736 15 JOHNSON,HARRIET Accounts Receivable Community Center Admin Check# Amount Vendor/Explanation Account Description Business Unit Explanation 187256 13 COMCAST Operating Supplies Fire 186818 13 TRIPP,ERNIE Accounts Receivable Community Center Admin 186758 12 METROPOLITAN FORD Equipment Parts Fleet Operating 186791 11 PRIORITY COURIER EXPERTS Other Contracted Services Fleet Operating 187083 9 BOYER TRUCKS Equipment Parts Fleet Operating 187211 9 UPS Equipment Repair&Maint Wireless Communication 187020 8 BONNER,SYLVIA Accounts Receivable Community Center Admin 187157 7 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Creek Woods 187058 7 VANDERMEIDE,MYAN Accounts Receivable Community Center Admin 186857 6 WIKLUND,JEAN AR Utility Water Enterprise Fund 187371 6 STATE OF MINNESOTA Licenses&Taxes Fleet Operating 187272 5 FLARE HEATING Cash Over/Short General Fund 187214 5 VINO SOURCE,THE Transportation Den Road Liquor Store 187296 5 IVERSON,MARGARET Accounts Receivable Community Center Admin 186973 4 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating 4,171,543 Grand Total CITY COUNCIL AGENDA DATE: SECTION: Ordinances &Resolutions June 16, 2009 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XI.A. Police Department/ First Reading of an Ordinance amending City Police Chief Reynolds Code Section 9.07 Relating to Dangerous Dogs Requested Action Move to: Approve the First Reading of an Ordinance amending City Code Section 9.07, Relating to Dangerous Dogs and Destruction of Dogs. Synopsis: A change in MN Statutes necessitated minor revisions to the City Code specifically with respect to the opportunity of a hearing in the designation of a dangerous or potentially dangerous dog. This ordinance reflects the changes in state law. Attachment: Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2009 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 9, SECTION 9.07, SUBDIVISIONS 20-22, RELATING TO DANGEROUS DOGS AND DESTRUCTION OF DOGS AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 9.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. The City Council of the City of Eden Prairie, Minnesota, ordains: Section 1. City Code Chapter 9, Section 9.07, Subdivision 20 is amended by deleting "(2005)" in the first line. Section 2. City Code Chapter 9, Section 9.07, Subdivision 21 and 22 are deleted in their entirety and replaced with the following new Subdivision 21: Subd. 21. Procedures for Determination of Dangerous, Potentially Dangerous Dogs and Destruction of Dogs. When the Chief of Police has determined that a dog is dangerous or potentially dangerous or when destruction of a dog is authorized under Minnesota Statutes § 347.56, the procedures specified in Minnesota Statutes § 347.541 shall be followed. A decision by the Hearing Officer shall be final. Section 3. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code including Penalty for Violation" and Section 9.99 entitled "Violation a Misdemeanor or Petty Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim herein except violations declared a gross misdemeanor by Minn. Stat. § 347.55 (c), (d) and(e). Section 4. 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 day of , 2009, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 2009. Kathleen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie News on the day of , 2009. CITY COUNCIL AGENDA DATE: SECTION: Appointments June 16, 2009 DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: XIII.A. Scott H. Neal, Student on Commissions Appointments City Manager for the 2009-2010 School Year Requested Action: • Move to: Appoint to the Arts & Culture Commission: Eric Wiig and Renee Roden for the Fall term. • Move to: Appoint to the Conservation Commission: Gretchen Askew for the Fall and Winter/Spring terms; Julia Wang and Michelle Wu for the Fall term; and Stephanie Korman for the Winter/Spring term. • Move to: Appoint to the Flying Cloud Airport Advisory Commission: Mehta Tahnay and Sam Clark for the Fall term. • Move to: Appoint to the Heritage Preservation Commission: Alexis Smith for the Fall Term. • Move to: Appoint to the Human Rights and Diversity Commission: Adam Liter for the Fall and Winter/Spring terms; Muna Shire and Ali Fardowsa for the Fall term; and Julia Wang for the Spring term. • Move to: Appoint to the Parks,Recreation, and Natural Resources Commission: Spencer Lasley and Pranay Rao for the Fall and Winter/Spring Terms; and Richard Ericson for the Fall term. Synopsis: We received 15 applications for the 2009-2010 Students on Commission program. Commission Staff Liaisons met to review and discuss the applications. The attached appointment recommendations are based on the students' stated Commission preferences and the quality of their applications. All 15 student applicants are being recommended for appointment. The Fall Students on Commission term is from September 2009 through December 2009. The Winter/Spring term is from January 2010 through April 2010. Orientation sessions will be held during the late summer. Background Information: In 1992, the City Council initiated a program to provide student residents in Eden Prairie with the opportunity to serve on City Commissions as non-voting members. The program has grown and changed over time to reflect modifications made to the City's Commissions, the addition of Commissions eligible for student appointments, and the desire to include more students in the program. CITY COUNCIL AGENDA DATE: SECTION: Reports of Council Members June 16, 2009 DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: XIV.A.1. Office of the City Manager Southwest LRT Alignment Synopsis: The Hennepin County Regional Rail Authority has proposed a change to the proposed route of the SWLRT that staff believes is sufficiently significant that we want to present it to the City Council for a review and possible endorsement. The proposal moves the proposed location of the Town Center station from somewhere near the current Brunswick Zone site to a new site on Technology Drive near the entrance to Emerson Rosemount. The HCRRA is hoping the Council will reach a consensus on this matter at this Council meeting. Council Member Nelson, the City's representative on the SWLRT Policy Advisory Committee, has been included in the consideration of this matter up to this point. She also attended a meeting of potentially impacted property owners and the Chamber of Commerce. We have placed this item under her report. There will be a short staff presentation as well. CITY COUNCIL AGENDA DATE: SECTION: Reports of the City Manager June 16, 2009 DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: XIV.B.1. Scott H. Neal, Attorney RFP Process City Manager Synopsis: In 2006 the City conducted a Request For Proposals selection process which culminated with the award of a civil and criminal legal services contract to our current legal advisor Gregerson, Rosow, Johnson and Nilan. The contract term was three years and will end on December 31, 2009. If the Council desires to seek alternative proposals for our legal services contract through an RFP process for the time period beginning January 1, 2010, it will be necessary to start that RFP process sometime this summer in order to have it completed and ready to implement before the end of the year. If we are going to commence an RFP process this summer, there are some elements of the process that I would like to receive some Council input on. • Should we do an open RFP process which invites all eligible vendors or should we solicit specific vendors who meet our specific criteria? • Should we bid out just the criminal contract? Just the civil contract? Or, both? • Should we include an interview team as part of the process, like we did in 2006, or should staff merely assemble the information and present it to the Council? There may be other points in the process that Council Members may wish to comment on before we get it started.