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HomeMy WebLinkAboutCity Council - 03/23/2010 AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, MARCH 23, 2010 CITY CENTER 5:00—6:25 PM, HERITAGE ROOM II 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Ron Case, Jon Duckstad, and Kathy Nelson CITY STAFF: City Manager Scott Neal, Police Chief Rob Reynolds, Fire Chief George Esbensen, Public Works Director Eugene Dietz, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room II I. JOINT MEETING WITH THE FIRE RELIEF ASSOCIATION Council Chamber II. OPEN PODIUM III. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MARCH 23, 2010 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. DWI ENFORCEMENT AWARD B. EDEN PRAIRIE READS UPDATE V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MARCH 9, 2010 B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 9, 2010 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. ARTS & CULTURE COMMISSION UPDATE VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION AUTHORIZING HENNEPIN YOUTH SPORTS GRANT PROGRAM SUBMISSION FOR ROUND LAKE SKATE PARK IMPROVEMENTS C. ADOPT RESOLUTION AUTHORIZING HENNEPIN YOUTH SPORTS GRANT PROGRAM SUBMISSION FOR MILLER PARK BASEBALL AND SOFTBALL FIELD IMPROVEMENTS CITY COUNCIL AGENDA March 23, 2010 Page 2 D. AUTHORIZE PREPARATION OF PLANS AND SPECIFICATIONS FOR TRAIL OVERLAY ALONG ANDERSON LAKES PARKWAY, HOMEWARD HILLS RD.,AND WEST 78TH (HIGHWAY 5) E. AWARD CONTRACT FOR 2010 MAINTENANCE MATERIALS, I.C. 10-5763 F. AWARD CONTRACT FOR STUDY AREAS 1 AND 2 OF THE LOWER MIN RIVER WATERSHED DISTRICT EROSION STABILIZATION PROJECT TO MACHTEMES CONSTRUCTION, I.C. 07-5698 G. AWARD CONTACT FOR THE 2010 ROTUNDA METAL ROOF REPLACEMENT PROJECT ATOMIC ARCHITECTURAL SHEET METAL H. APPROVE 2009 FUND TRANSFERS I. APPROVE AN AMENDMENT TO THE GRANT OF EASEMENT AGREEMENT FOR LOT 1 BLOCK 1 CASTLE RIDGE 2ND ADDITION J. APPROVE CONTRACT WITH BERGERSON CASWELL INC. TO UPGRADE MUNICIPAL WELL NO. 8 K. ADOPT RESOLUTION AUTHORIZING ACQUISITION OF EASEMENTS FOR SINGLETREE LANE IMPROVEMENT PROJECT IX. PUBLIC HEARINGS/MEETINGS A. GRACE CHURCH PRELIMINARY PLAT by Grace Church. Request for Preliminary Plat on 57 acres into two lots. Location: 9301 Eden Prairie Road. (Resolution for Preliminary Plat) B. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 11, SECTION 11.05—HERITAGE PRESERVATION SITES C. LAND ALTERATION PERMIT FOR HENNEPIN VILLAGE SITE B X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS A. APPEAL OF VARIANCE #2009-14 by Pemtom Land Company. Location: 9735 Eden Prairie Road. XIII. APPOINTMENTS XIV. REPORTS CITY COUNCIL AGENDA March 23, 2010 Page 3 A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER 1. Annual Performance Review C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR 1. Resolution Acknowledging Phased Improvements of the I-494/TH 169 Interchange 2. Resolution Approving Plans and Specifications and Authorizing Advertisement for Bids for Singletree Lane Improvement Project F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ANNOTATED AGENDA DATE: March 23, 2010 TO: Mayor and City Council FROM: Scott Neal, City Manager RE: City Council Meeting for Tuesday, March 19, 2010 TUESDAY,MARCH 23, 2010 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. PROCLAMATIONS/PRESENTATIONS A. DWI ENFORCEMENT AWARD Bob O'Brien, the Metropolitan Safe & Sober Law Enforcement Liaison, will present an award to the Eden Prairie Police Department for their efforts in the area of DWI enforcement. B. EDEN PRAIRIE READS UPDATE Jody Russell of Eden Prairie Reads will update the Council on upcoming events. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda. VI. MINUTES MOTION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY, MARCH 9, 2010 B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 9, 2010 ANNOTATED AGENDA March 23,2010 Page 2 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. ARTS & CULTURE COMMISSION UPDATE A member of the Arts & Culture Commission will provide an update on commission activities. VIII. CONSENT CALENDAR MOTION: Move approval of items A-K on the Consent Calendar. A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION AUTHORIZING HENNEPIN YOUTH SPORTS GRANT PROGRAM SUBMISSION FOR ROUND LAKE SKATE PARK IMPROVEMENTS C. ADOPT RESOLUTION AUTHORIZING HENNEPIN YOUTH SPORTS GRANT PROGRAM SUBMISSION FOR MILLER PARK BASEBALL AND SOFTBALL FIELD IMPROVEMENTS D. AUTHORIZE PREPARATION OF PLANS AND SPECIFICATIONS FOR TRAIL OVERLAY ALONG ANDERSON LAKES PARKWAY,HOMEWARD HILLS RD.,AND WEST 7811(HIGHWAY 5) E. AWARD CONTRACT FOR 2010 MAINTENANCE MATERIALS, I.C. 10-5763 F. AWARD CONTRACT FOR STUDY AREAS 1 AND 2 OF THE LOWER MIN RIVER WATERSHED DISTRICT EROSION STABILIZATION PROJECT TO MACHTEMES CONSTRUCTION, I.C. 07-5698 G. AWARD CONTACT FOR THE 2010 ROTUNDA METAL ROOF REPLACEMENT PROJECT ATOMIC ARCHITECTURAL SHEET METAL H. APPROVE 2009 FUND TRANSFERS I. APPROVE AN AMENDMENT TO THE GRANT OF EASEMENT AGREEMENT FOR LOT 1 BLOCK 1 CASTLE RIDGE 2ND ADDITION J. APPROVE CONTRACT WITH BERGERSON CASWELL INC. TO UPGRADE MUNICIPAL WELL NO. 8 K. ADOPT RESOLUTION AUTHORIZING ACQUISITION OF EASEMENTS FOR SINGLETREE LANE IMPROVEMENT PROJECT ANNOTATED AGENDA March 23,2010 Page 3 IX. PUBLIC HEARINGS/MEETINGS A. GRACE CHURCH PRELIMINARY PLAT by Grace Church. Request for Preliminary Plat on 57 acres into two lots. Location: 9301 Eden Prairie Road. (Resolution for Preliminary Plat) Official notice of this public hearing was published in the March 11, 2010,Eden Prairie News and sent to 48 property owners. Synopsis: The Metropolitan Airports Commission wants to buy proposed lot 2. According to the long range plan for the airport, proposed lot 2 is part of the Runway Protection Zone (RPZ). Both lots conform to the requirements of the Public Zoning District. The 120-Day Review Period Expires on May 12, 2010. The Planning Commission voted 7-0 to recommend approval of the project at the March 8, 2010 meeting. MOTION: Move to: • Close the Public Hearing; and • Adopt the Resolution for Preliminary Plat on 56.5 acres into 2 lots. B. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 11, SECTION 11.05—HERITAGE PRESERVATION SITES Official notice of this public hearing was published in the March 11, 2010,Eden Prairie News. Synopsis: Part of the 2009 approved Work Plan for the Heritage Preservation Commission was to review the code on Heritage Preservation Sites (adopted 1990) and determine if amendments should be made. The Director of Community Development presented a report to the City Council relating to proposed changes to the Heritage Preservation Site section of the code on February 15, 2010. The purpose of the code update is to address the following areas. 1. Definitions—The current code has 2 definitions. The proposed code has 25 definitions. The current code lacks the basic definitions that are commonly used in the area of heritage preservation. The definitions also need to be consistent with federal definitions. 2. Permit Process—The current process requires Heritage Preservation, Planning Commission, and City Council approval before any changes can be made to the exterior of a building. The proposed change would allow minor amendments to be reviewed by staff. 3. Removal of a Heritage Preservation Site—The code does not have a process for this. This is needed in case a building is destroyed or damaged by peril. 4. Heritage Preservation Site Alteration Permit—The term has been changed to Certificate of Appropriateness. The process for getting one is unchanged. ANNOTATED AGENDA March 23,2010 Page 4 The Planning Commission voted 5-0 to recommend approval of the code amendment at the January 25, 2010 meeting. The Heritage Preservation Commission voted 6-0 to recommend approval of the code amendment at the December 21, 2009 meeting. MOTION: Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance Amending City Code Chapter 11, Section 11.05 — Heritage Preservation Sites. C. LAND ALTERATION PERMIT FOR HENNEPIN VILLAGE SITE B Official notice of this public hearing was published in the March 11, 2010,Eden Prairie News and sent to 281 property owners. Synopsis: A land alteration permit application has been submitted for Hennepin Village Site B to remove approximately 190,000 cubic yards of material from the site with associated tree removal. A development plan called Oak Creek at Hennepin Village was granted preliminary approval by the City Council on September 4, 2007. While this land alteration (grading plan) is not consistent with the approved development plan, it does propose to remove excess material from the site in anticipation of a future development plan on this site. A public hearing at the Planning Commission was held on February 22, 2010 to consider this land alteration permit. The Planning Commission recommended denial of this permit on a 3-2 vote. However, staff can support approval of this land alteration permit if the conditions outlined in the Staff Report dated February 22, 2010 and the plans dated February 9, 2010 are followed. A variance is required for the tree replacement in conjunction with the land alteration permit which is a separate council action. Without an imminent development project proceeding on Site B, this land alteration activity could be considered a mining activity. In consideration of recommending approval of this land alteration permit, staff reviewed several key issues related to this permit request including traffic, road maintenance, grading/hauling operations, completion of Eden Prairie Road and Prospect Road, and several environmental concerns. The attached Staff Report addresses these issues and recommends conditions to the issuance of the land alteration permit. The Planning Commission voted 3-2 to recommend denial of the land alteration permit application at their February 22, 2010 meeting based on the staff report dated February 22, 2010 and plans dated February 9, 2010. The denial seemed to be based on the project being premature (without an approved development plan) and the extended of impacts of a potential three year grading operation. ANNOTATED AGENDA March 23,2010 Page 5 MOTION: Move to: • Close the Public Hearing; and • Approve Land Alteration Permit for Hennepin Village Site B subject to recommendation outlined in the Staff Report dated February 22, 2010 and the plans dated February 9, 2010; OR • Deny the grading permit and direct staff and City Attorney to prepare findings and conclusions for denial to be presented to the City Council for action at the April 20, 2010 City Council meeting. X. PAYMENT OF CLAIMS MOTION: Move approval of the Payment of Claims as submitted (Roll Call Vote). XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS A. APPEAL OF VARIANCE #2009-14 by Pemtom Land Company. Location: 9735 Eden Prairie Road. Synopsis: On March 9, 2010, the City Council reviewed a request from Pemtom Land Company to appeal the decision of the Planning Commission. The City Council set a hearing date for March 23, 2010. Prior to issuing a permit to alter lands, the applicant is required to provide a tree replacement plan and a surety in an amount equal to 150% of the cost of the tree replacement. The City retains the surety for two full growing seasons. The surety is released after inspection provided the trees are alive and planted in conformance with the approved plan. Replacement trees are required to be planted within 18 months of the issuance of a land alteration permit. Reasons for granting the variance to allow trees to be replaced within 3 years of the granting of a land alteration permit are: • There is no water at the site. • There is room to replace trees but they may have to be relocated based on a final development plan and grading plan for the property. • The grading is proposed to be completed within 2 years. It is not possible to plant trees within the required 18 month period. On February 22, 2010 the Planning Commission voted 3-2 to deny the Final Order 2009-14. MOTION: Move to approve Final Order 2009-14. ANNOTATED AGENDA March 23,2010 Page 6 XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORTS OF CITY MANAGER 1. Annual Performance Review Synopsis: My employment agreement with the City obliges the City Council to conduct an annual review of my performance on or about March 15 of each year. I have tentatively scheduled the review to occur during the Council's May 18 Workshop. For the past seven years, the Council has retained Mr. Harry Brull to assist the Council with the review. If you wish to retain Mr. Brull again this year, please let me know and I will contact him. There are other professionals who are capable of conducting the review. If the Council wishes to seek a new professional to assist with the review, please let me know and staff can coordinate an RFP process for that service. There is not mandate for the Council to have professional assistance to conduct the review. If that is the will of the Council, staff can provide assistance on format and process. It would be advisable for the Council to resolve a general direction for the 2010 review as the Council's next regular meeting will not occur until April 20. C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR 1. Resolution Acknowledging Phased Improvements of the I-494/TH 169 Interchange Synopsis: The original I-494 / TH 169 layout was finalized in 2006 with the City of Eden Prairie providing municipal consent to the project on December 19, 2006. Since that time MnDOT has reevaluated and refined the design. The resulting modified layout ultimately serves as an initial phase of the original project. The schedule for construction of I-494 / TH 169 project is still unknown. MnDOT is continuing to work on the project with the goal of proceeding with project this year; however, at this time funding for the project has not been secured. ANNOTATED AGENDA March 23,2010 Page 7 Background Information Since receiving municipal consent MnDOT has reevaluated and refined the design with the following primary modifications: 1) Removal of two system to system ramps at the I-494 /TH 169 interchange which include the SB 169 to WB 494 movement and the EB 494 to NB 169 movement 2) Removal of all improvements at TH 169/Valley View Road interchange. 3) Modifying the design of the intersections along the Washington Avenue, West 78th Street, Marth Road"Ring Road" from signalized intersections to roundabouts. MnDOT held an Open House on February 11, 2010 at Braemar Golf Course to present the revised layout plans to the public. The following is a brief summary of the primary modifications to the interchange identified above: System Ramps Following a department-wide Context Sensitive Solutions\Flexible Design initiative, MnDOT reevaluated the scope of the I-494 / TH 169 project to balance competing objectives and to optimize return on investments. The outcome of that process was the development of a "Performance Based" Design for the I-494 / TH 169 interchange which includes six system to system ramps as opposed to the eight ramps that were in the original "Policy Based" Design. The two system to system ramps that are removed are the SB 169 to WB 494 movement and the EB 494 to NB 169 movement. Both movements have relatively low demand and are well served by TH 212 which provides a diagonal connection between I-494 and TH 169. As part of the federal (FHWA) approval of the revised layout MnDOT will be developing specific criteria and performance measures for use in determining when the remaining system to system ramps should be constructed. TH 169/Valley View Road Interchange As part of the ongoing project development process MnDOT recently completed an updated and detailed traffic analysis review of the project. Based on the results of this traffic analysis MnDOT has proposed significantly reducing the scope of the proposed improvements at the TH 169 / Valley View Road interchange. While some reduction in the scope of the improvements may be warranted staff does not anticipate that the reduced scope project at the TH 169 / Valley View Road interchange will meet the long term transportation needs of the area. In order to allow for the development of an interchange plan that best meets the needs of all the agencies MnDOT has agreed to defer the proposed work at Valley View Road, until a future date after the construction of the I-494 / TH 169 interchange is complete, the new interchange is operational and the actual traffic volumes and patterns can be better understood. As stated in the resolution MnDOT will work with the Cities of Eden Prairie and Edina to develop an agreement regarding the future improvements at the TH 169 / Valley View Road interchange. ANNOTATED AGENDA March 23,2010 Page 8 Roundabouts A second outcome of the revised traffic analysis is that roundabouts are now being proposed for the six primary intersections along the Washington Avenue, West 78th Street, Marth Road "Ring Road". The previous plan proposed traffic signal control for these intersections. Financial MnDOT has provided an updated"good faith estimate" for our share of the construction and engineering costs for this project. The estimated amount of $3,371,215 includes roadway, bridge, trail, retaining wall, and right-of-way costs associated with our local roadways or trails. We propose to use State Aid(MSA) funds to finance our share of the MSA eligible project costs. We anticipate that nearly all project costs will be MSA eligible, however in the event there are non-MSA eligible costs we propose to use utility or storm water utility funds. MOTION: Move to adopt the resolution acknowledging the phased improvements of the 1-494 / TH 169 Interchange. 2. Resolution Approving Plans and Specifications and Authorizing Advertisement for Bids for Singletree Lane Improvement Project Synopsis: With the assistance of SRF Consulting Group, Inc. the Engineering Division has prepared plans and specifications for the Singletree Lane Improvement Project. Construction of the project is scheduled to occur between May and September of this year. The planned improvements to Singletree Lane include upgrading the roadway to a 4-lane divided roadway with left turn lanes between Flying Cloud Drive and Eden Road. The project includes a new traffic signal and pedestrian improvements at the Flying Cloud Drive/ Singletree Lane intersection. The project also includes streetscaping improvements that correspond with the recommendations of the MCA Streetscape Master Plan. The total project cost of the Singletree Lane Improvements is currently estimated at $1,530,000 excluding right-of-way. The project will be primarily funded by the Windsor Plaza Developer with a maximum assessment of $1,175,000. Through this agreement MnDOT is responsible for one-half of the costs (estimated at $126,090) of the new Flying Cloud Drive/ Singletree Lane traffic signal system. The costs for the streetscaping elements along the north side of Singletree Lane and any remaining costs remaining costs in excess of the funding identified above will be the responsibly of the City ($100,000 - $230,000 depending on bidding climate). The City is also financially responsible for the costs of the right-of-way on the north side of Singletree Lane which have been acquired. The Economic Development Fund is the planned funding source for all City costs. ANNOTATED AGENDA March 23,2010 Page 9 MOTION: Move to adopt the resolution approving plans and specifications and ordering advertisement for bids for I.C. 07- 5690, Singletree Lane Improvement Project. F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. ITEM NO.: VI.A. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,MARCH 9, 2010 CITY CENTER 5:00—6:25 PM,HERITAGE ROOM II 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Ron Case, Jon Duckstad, and Kathy Nelson CITY STAFF: City Manager Scott Neal, Police Chief Rob Reynolds, Fire Chief George Esbensen, Public Works Director Eugene Dietz, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, City Attorney Ric Rosow, and Recorder Lorene McWaters GUESTS: Terry Schwalbe, Lower Minnesota River Watershed District; Joel Toso, Wenck & Associates Heritage Room II I. LOWER MINNESOTA WATERSHED DISTRICT: RIVERBANK EROSION Terry Schwalbe, Administrator of the Lower Minnesota River Watershed District (LMRWD), said that four years ago the watershed district inventoried the entire watershed to identify areas of erosion. Three hundred problem areas were identified. The watershed district asked each city to pick four problem areas for a joint project with the watershed district. The district agreed to pay for 50 percent of the feasibility studies for the projects. One location chosen by Eden Prairie was the bluffs/Riverview Road river bank area. The original feasibility study was completed; however, the board suggested studying a larger area than originally proposed(1,500 feet vs. 500 ft.). Wenck and Associates and Stanley Consultants were hired by the LMRWD to study the problem and produce a report outlining possible solutions. Joel Toso, Wenck Associates,presented the results of the Phase I Report on the Minnesota Riverbank and Bluff Stablization project. He said the preliminary report was presented to the watershed district in December and was updated in February. Toso showed a graphic of the sharp bend where the Minnesota River is directly impinging on the bluffs. Toso also showed graphics that depict the extent of erosion at this location and the stormwater pond that has failed and is currently subject to an MPCA schedule of compliance. Toso said the study shows that the meander in the River is moving faster than in the past. In addition, hydrologic studies show increasing water flow in the river. Council Workshop Minutes March 9, 2010 Page 2 Stanley Consultants conducted the geotechnical portion of the study. They determined that the slope on the bluff to the private property lines has limited risk for erosion damage, and the existing homes are safe. Toso said a small sample of the"black ooze"was tested and the preliminary analysis shows it is not from the landfill, but further testing is underway. The feasibility study identified three possible solutions: installation of a rip-rap blanket at a cost of about $1.9 million; bendway weirs at a cost of about$3.3 million; or rock vanes for a cost about $1.1 million. Schwalbe said the district does not have the finances to undertake the project, so they are considering seeking State bonding. They have met with Representative Jenifer Loon, who indicated she would be willing to sponsor the project for the 2012 bonding bill. Schwalbe said the district is interested in learning what kind of partnership the City is willing to undertake for this project. Mayor Young asked how much of the report has been discussed with property owners. Schwalbe said they have not discussed the report with property owners. Young said he does not think the Council is ready to make a decision today. He would like to see the Hustad's be more involved in discussions. Public Works Director Gene Dietz said he would encourage the City to partner with the district on this project, but that it is very likely beyond the ability of either the City or the district to fund the solution. Dietz said he does not think the Corps of Engineers will reconsider funding the project because it does not involve what they consider an infrastructure failure. Dietz said the existing failed pond on lower Riverview Road will have to be addressed by the end of this year. Until the river bank is stabilized, it would not be a good investment to replace the pond at its current location. However, the pond can be relocated, if necessary. Council Chamber II. OPEN PODIUM A. PETER YAO—FLYING CLOUD AIRPORT Yao said he is an Eden Prairie resident who lives on June Grass Lane. Yao said there has been a lot more airplane noise from Flying Cloud Airport since the runway expansion, especially over the last two to three weeks. He said there are one to two noise curfew violations every morning and night. He asked if there is something this City can do about this. Young explained that the City does not have the authority to prevent flights into and out of the airport, but that the Flying Cloud Airport Advisory Commission works with the MAC on voluntary curfew issues. He said the MAC has Council Workshop Minutes March 9, 2010 Page 3 a website and phone number to contact with complaints. Young suggested that Mr. Yao contact the MAC directly with his concerns. Council Member Case said he believes there is a recent court decision that would allow people to find out the identity of airplanes flying in and out of the airport. B. ADAM LITER—DUNN BROS. AND EARTH DAY Liter said he is a senior at the high school and a student member of the Human Rights &Diversity Commission. He encouraged the City Council to continue to allow live music to be performed at the Smith Douglas More House/Dunn Bros. coffee shop. He said he is also the co-president of the environmental club at the high school. He asked if it would be possible for the high school to have an earth day event in conjunction with the City. He has contacted the Conservation Commission staff liaison with this request. Neal said the City is planning a joint earth day event with Hennepin Tech and they can look into including the high school as well. III. ADJOURNMENT ITEM NO.: VI.B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MARCH 9, 2010 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 Gene Dietz, Community Development Director Janet Jeremiah, City Attorney Rick Rosow and Council Recorder Jan Curielli I. ROLL CALL /CALL THE MEETING TO ORDER Mayor Young called the meeting to order at 7:00 PM. All Council Members were present. II. COLOR GUARD /PLEDGE OF ALLEGIANCE Mayor Young thanked Girl Scout Troop 10562, sponsored by the Prairie Star Service Unit, for presenting the colors. III. OPEN PODIUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Neal said Items XIV.A. and XIV.B. should be changed per the revised annotated agenda. Case added Item XIV.A.1. MOTION: Aho moved, seconded by Case, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, FEBRUARY 23, 2010 MOTION: Case moved, seconded by Nelson, to approve the minutes of the City Council Workshop held Tuesday, February 23, 2010 as published. Motion carried 5- 0. B. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 23, 2010 MOTION: Aho moved, seconded by Case, to approve the minutes of the City Council Meeting held Tuesday, February 23, 2010 as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS CITY COUNCIL MINUTES March 9,2010 Page 2 A. HERITAGE PRESERVATION COMMISSION Ann Higgins, Chair of the Heritage Preservation Commission, gave a PowerPoint presentation reviewing their vision and mission statements, their accomplishments during 2009, and their 2010 work plan. She noted they have updated Helen Anderson's book on the history of Eden Prairie and are working on a marketing plan for the book. Aho asked about the cost of the books and when they will be available. Ms Higgins said they are available now, and will cost about $20.00. Nelson asked how one would get a copy. Ms Higgins said there are forms to fill out at the City desk, and there will be information on the website and in the City newsletter. VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. SET HEARING DATE FOR APPEAL OF FINAL ORDER 2009-14 C. AWARD CONTRACT FOR 2010 STREET SWEEPING TO RELIAKOR SERVICES, INC. D. APPROVE AMENDMENT TO COOPERATION AGREEMENT WITH METROPOLITAN COUNCIL FOR THE FAMILY AFFORDABLE HOUSING PROGRAM E. AUTHORIZE PREPARATION OF PLANS AND SPECIFICATIONS FOR TRAIL RECONSTRUCTION ALONG DUCK LAKE TRAIL,VALLEY VIEW ROAD AND EDENVALE BLVD. Duckstad said he had questions about Item E and asked that it be pulled for discussion. MOTION: Nelson moved, seconded by Aho, to approve Items A-D on the Consent Calendar. Motion carried 5-0. Duckstad said he has questions about the three trails that are to be reconstructed per Item E. He asked if we have other trails similar to these that will be upgraded in the next year or so. Lotthammer replied we upgrade trails that need repair on an annual basis. We sometimes do overlays and seal coats,but some segments such as these will be completely torn out and reconstructed. He said staff uses a rating system to select the trails to be reconstructed based on their condition. Duckstad said we have problems with revenue shortfalls because of the economy, and he wanted to know which additional trails we will have to spend money on from our capital improvement funds in the next year. Lotthammer said these three trails rate out as some of the worst sections in our trail system. These sections are north of CITY COUNCIL MINUTES March 9,2010 Page 3 Valley View on Edenvale Blvd. and Duck Lake Trail and were created in the 1980's when houses were built in that area. The soils in that area are very poor, so our consultant recommended we take the trails out to put in a better base and also use a geotextile fabric under the crushed rock base in some areas. Young asked if staff will come back to the Council this year with other trail projects. Lotthammer replied these will not be the only trails that need some attention in terms of our regular preventative maintenance. There will be other packages that will include seal coating and overlays but these three trails need the most extensive type of work. Duckstad said he would like some kind of list ahead of time to see what we are talking about. He said he agreed there are spots on the trails that need repair but he questioned whether we would have to do the whole 5,000 feet of trail because this job has an estimate of$100,000. He thought it should be much cheaper just to do those segments that are badly in need of repair. Lotthammer said we have taken a band aid approach over the past few years, and staff is suggesting we get away from that type of approach. Staff believes the segments we didn't redo would fail more quickly, so by coming in and doing the repairs as a continuous segment we get away from having to band aid segments every year. This will make it have a longer life span and will save quite a bit of money over the long term. He said segments that are brought up to standards should last 15-20 years. Young noted the band aids failed every year in the Edenvale area near where he used to live. Lotthammer said there are over 100 miles in the overall trail system, so we must deal with 4-6 miles of trails on an annual basis just to keep the system in shape. He said this item is asking for authorization to prepare specifications and take this out for bid, and we may get a lot better pricing than in the past. He thought this item would be about one-fourth of the total cost for trails and sidewalk repairs throughout the City this year. The rest of the repairs will be for seal coating and overlays. Duckstad asked if there is any reason why we have to use a consultant to make this recommendation. Lotthammer said our staff engineers do some projects in house from both a design and implementation standpoint, but we balance it to determine if an outside contractor makes more sense to do the work on the larger projects. Case noted we operate on a multi-decade and multi-Council Capital Improvement Plan (CIP), and he didn't think we can gut our City of quality by stopping our CIP spending and micromanaging projects our staff recommend. Duckstad said he was not trying to second guess our CIP system of making necessary repairs to trails and roads, and he was in favor of the trails. However, he was suggesting some spots could be fixed in segments and we would not have to redo the whole trail. MOTION: Case moved, seconded by Nelson, to authorize preparation of plans and specifications for trail reconstruction along Duck Lake Trail, Valley View Road and Edenvale Blvd. Motion carried 4-1-0,with Duckstad opposed. IX. PUBLIC HEARINGS/MEETINGS CITY COUNCIL MINUTES March 9,2010 Page 4 A. 2010 CDBG FUNDING RECOMMENDATIONS (Resolution 2010-23) Neal said official notice of this public hearing was published in the February 11, 2010,Eden Prairie News. He said the 2010 Community Development Block Grant (CDBG) allocation has not yet been announced by the office of Housing and Urban Development(HUD). Therefore, the Human Services Review Committee (HSRC) used the conservative estimate of$260,000 in making funding recommendations. The HSRC's recommendations were presented to the City Manager and revised to transfer$2,000 from CAPSH car repair funding to the YMCA child care program. Including CAPSH, three applicants are not recommended for funding this year. Once the actual CDBG allocation amount is received, the funds will be modified on a percentage basis for each of the funded applicants unless otherwise directed by the City Council. The regulations stipulate that public service funding may not exceed 15 percent of the City's total allocation. He reviewed the funding amounts proposed for the human services and housing activities. Duckstad asked if the 10% allocation designated for PROP housing support services could be increased. Neal said the total amount for human services is $50,000 and he believed we could adjust one of those items upward. Jeremiah noted if we did that we would have to adjust one of the other items downward. She said PROP requested$30,000 and the YMCA requested $15,000, so those two did not receive the full funding they requested. Beth Kodluboy, Director of Homeline, said they served 124 families through the tenant helpline last year. They are seeing a trend of renters in homes being foreclosed on, and the tenants do not know what their rights are. She said they do presentations at the High School to let students know their rights and responsibilities when they start to look for housing. Kitty Engle, representing Senior Community Services, said HOME is celebrating 30 years of service to seniors. They help seniors remain independent by helping them with housecleaning, grocery shopping, snow removal, and other chores. Ann Harnack, Executive Director of PROP, said there are a lot of people with economic troubles now so she appreciated the ongoing support. Rob Kolar, representing Southdale YMCA, said the funds help with scholarships for before and after school programs. They have about 30 families that take advantage of the program throughout the year. Basil Weisner, 8293 Mitchell Road, asked why we can't start reducing the administrative costs for these programs in the future. MOTION: Aho moved, seconded by Nelson, to close the public hearing. Motion carried 5-0. Young asked what fiscal year the human services recommendations are for. CITY COUNCIL MINUTES March 9,2010 Page 5 Jeremiah said it is for the 2010 fiscal year. Young asked if they have already budgeted for receipt of these dollars. Jeremiah said these are funds they would expend during 2010. Young said we had a discussion in November or December about the allocation of City funds for these services, and he questioned why we can't do a better job of reconciling the two actions. He didn't know why we can't combine the CDBG funding with the other bucket, and didn't understand why we have one YMCA program in one bucket and another of their programs in the other bucket. He thought some are more appropriate to City funding and others for CDBG funds. Neal said we could move the CDBG allocation process up so it synchs with our regular budget process, or we could move our budget process. Doing that requires an assumption of what we may get from CDBG or requires an earlier commitment from the City Council about what you want to reallocate into that part of the budget. Young said some of the programs we considered in December made more sense to be part of the CDBG process, and he was told the decision needed to be made then for the 2010 funds. He noted these programs are also for 2010, but we are already three months into the year. Neal said these are different programs, and there could be an element of risk to the funding because this is an estimate for these funds. Young said he didn't think this YMCA program is different from its program at CMS so the budgeting process must be the same. Molly Koivumaki, Housing and Community Services Manager, said the CDBG funding cycle begins on July 1 so that cycle is different from the City's funding cycle. Young asked if the same programs that get City dollars are also eligible for CDBG funding. Ms Koivumaki said there is an income eligibility applied to CDBG funded programs, while the other programs don't have income guidelines. Young asked if the YMCA program at CMS would have satisfied CDBG eligibility, and he said his position is that he would like to reallocate the programs being funded out of the two buckets we have. MOTION: Case moved, seconded by Nelson, to adopt Resolution 2010-23 approving the use of 2010 CDBG funds as recommended by the City Manager. Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Duckstad moved, seconded by Case, 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 A. COMMISSIONS CITY COUNCIL MINUTES March 9,2010 Page 6 Neal said the City Council hosted Commission interviews on Tuesday, February 23, 2010. Overall, there were 21 applicants (13 new applicants and 8 re- applicants). Fifteen candidates are being designated for Commission appointments on March 9, 2010; eight appointed for the first time, and seven reappointments. All terms of appointment are scheduled to begin on April 1, 2010. A required City Commission Orientation session will be held on Thursday, March 25, 2010, for all new and re-appointed Commission members in advance of the April 1 start date. MOTION: Case moved, seconded by Aho, to appoint Tonja Bivins and Gina King to the Arts & Culture Commission, terms to expire March 31, 2013. Motion carried 5-0. MOTION: Duckstad moved, seconded by Nelson, to appoint Laura Jester, Greg Olson and Prashant Shrikhande to the Conservation Commission,terms to expire March 31, 2013. MOTION: Aho moved, seconded by Case, to appoint Matthew Fyten, Jeffrey Lawler and Mark McPherson to the Heritage Preservation Commission, terms to expire March 31, 2013. MOTION: Nelson moved, seconded by Aho, to appoint Robert Rozanski, Gayle Sanders and Pamela Spera to the Human Rights &Diversity Commission, terms to expire March 31, 2013. MOTION: Case moved, seconded by Nelson, to appoint Tom Bierman, Larry Link and Joan Oko to the Parks, Recreation &Natural Resources Commission, terms to expire March 31, 2013. MOTION: Duckstad moved, seconded by Nelson, to appoint Kevin Schultz to the Planning Commission, term to expire March 31, 2013. VOTE ON THE SIX MOTIONS: Motion carried 5-0. B. BOARD OF APPEAL AND EQUALIZATION Neal said the proposed members for Council approval are experienced real estate professionals with extensive knowledge of the southwest metro area. The proposed members of the Board of Appeal and Equalization are: Brian Duoos of Edina Realty, Jim Johnson of The Realty House, Lyndon Moquist of Edina Realty, Annette O'Connor of Coldwell Banker Burnet Realty and Patricia Pidcock of Edina Realty. MOTION: Case moved, seconded by Aho, to appoint to the Board of Appeal and Equalization: Brian Duoos, Jim Johnson, Lyndon Moquist, Annette O'Connor, and Patricia Pidcock for the period of April 1, 2010 through May 31, 2010, or until the Board of Appeal and Equalization completes its work. Motion carried 5-0. CITY COUNCIL MINUTES March 9,2010 Page 7 C. CHAIRS AND VICE CHAIRS OF COMMISSIONS Neal said Chairs and Vice Chairs are appointed annually by the City Council following the appointment of members to City Commissions. The City Council hosted Commission interviews on Tuesday, February 23, 2010, and determined Chair and Vice Chair assignments for the period of April 1, 2010, through March 31, 2011 at that time. He noted the Council did not have previous discussion about the Chair of the Flying Cloud Advisory Commission. MOTION: Case moved, seconded by Aho, to appoint Ann Rorem—Chair and Farida Kathawalla—Vice Chair of the Arts and Culture Commission. MOTION: Duckstad moved, seconded by Case, to appoint Laura Jester—Chair and Greg Olson—Vice Chair of the Conservation Commission. MOTION: Aho moved, seconded by Nelson, to appoint Ann Higgins—Chair and Kathy Veurink—Vice Chair of the Heritage Preservation Commission. MOTION: Nelson moved, seconded by Aho, to appoint Pamela Spera—Chair and Marcy Harris—Vice Chair of the Human Rights &Diversity Commission. MOTION: Case moved, seconded by Nelson, to appoint Gerry Napuck—Chair and Hutch Coburn—Vice Chair of the Parks, Recreation and Natural Resources Commission. MOTION: Duckstad moved, seconded by Nelson, to appoint John Stoltz—Chair and Kevin Schultz—Vice Chair of the Planning Commission. MOTION: Aho moved, seconded by Case, to appoint Rick King—Chair and Jeff Larson—Vice Chair of the Flying Cloud Airport Advisory Commission. VOTE ON THE SIX MOTIONS: Motion carried 5-0. D. CHAIR AND VICE CHAIR OF BOARD OF APPEAL & EQUALIZATION Neal said Chairs and Vice-Chairs are appointed annually by the City Council following the appointment of members to City Boards and Commissions. City Code Section 2.22, Subd. 5 Officers states, "the Council shall in March each year choose a chairperson ad vice-chairperson for a Board or Commission to serve for a period of one year." To be eligible for consideration, City Code states, "a chairperson must have served one year on the Board or Commission before becoming eligible for appointment as a chairperson." MOTION: Nelson moved, seconded by Case, to appoint Patricia Pidcock—Chair and Brian Duoos—Vice-Chair of the Board of Appeal and Equalization. Motion carried 5-0. XIV. REPORTS CITY COUNCIL MINUTES March 9,2010 Page 8 A. REPORTS OF COUNCILMEMBERS 1. League of Minnesota Cities Amicus Brief—Council Member Case Case said he wanted to respond to the issue raised at the last Council meeting regarding the League's amicus brief filed against the Governor's use of unallotment and whether we as Council Members should have weighed in on the issue. He thought in this case it is more complicated than what was presented at the meeting. Eden Prairie received Local Government Aid(LGA) funding during the 1970's and 1980's, and we weren't opposed to it then. Currently LGA funding goes to Hennepin County as well as individual cities, so our residents will likely have an increase in county taxes to fund services such as HCMC. He thought there may come a day when we need to come before the legislature with our hands out. By sending a letter on Eden Prairie letterhead and referring to a majority of Council Members' support, he thought our City has now been perceived as taking a stand on an issue that is very complicated and, at worst, may cause our residents to pay more in property taxes. Case said in the League's response to the letter they claimed they decided to file an amicus brief because they believed there was a constitutional problem with the Governor's action. In addition, they admitted cities may be hit harder financially in the legislature because the legislature may have to make deeper cuts in the LGA funding than have already been made. Young said he was not going to debate the letter, and the time to raise the concern would have been at the last meeting. The letter has been sent, and he thought the League should stay out of that fight. He believes Eden Prairie is a donor city, and he thought we need to speak up about that. He also thought it was unprecedented for a Council Member to lecture about a subject after the fact. Case noted that during his 14 years on the Council there has been an unwritten code of ethics whereby a Council Member would always alert the others if there was a controversial issue to be discussed. He thought it was unprecedented to surprise the Council with this issue and not allow other Council Members time to consider their responses. Young noted that the letter sent was his own. Duckstad said at the time it was discussed at the last meeting it was not an agenda matter and had nothing to do with a position of the City of Eden Prairie. He thought the League should have remained neutral and stayed out of the issue entirely because it did have some political ramifications. B. REPORT OF CITY MANAGER 1. Cummins Grill Lease CITY COUNCIL MINUTES March 9,2010 Page 9 Neal reviewed the timeline of events that led to the proposed lease between the City of Eden Prairie and the Eden Prairie Historical Society for the Cummins Grill House. He said on May 20, 2008 the City Council received a study that discussed different options for adaptive reuse of the site, and in July of 2008 the Council moved 5-0 to approve the acceptance of the report. There was a request from the Historical Society to at least engage them in discussion about doing something with the property. He said the motion before the Council at that time was to accept the report and to direct staff to begin marketing the property for one of the uses identified, but the motion passed was just to accept the report. On December 16, 2008, Jan Mosman gave a presentation on the Historical Society and this was one of the items in her report. Neal said at the May 19, 2009 meeting, there was another update from the Historical Society. The Council asked staff to keep working on it and requested a workshop be scheduled. There was extensive discussion at the July 21, 2009 workshop and some talk about the Historical Society purchasing the house. We talked about different options for how we might manage the relationship, and the Council asked staff to keep discussing this and try to put an agreement together. Tonight we have a lease agreement that provides for a greater degree of control of the Cummins Grill House by the Historical Society and provides them the opportunity to use the building and grounds to create a revenue stream that would be used for improvements to the property. Duckstad said the report referred to the fact the use study was financed in part by the National Parks Service and asked how much that grant was for. Neal said he did not recall. Duckstad asked if the grant was for the study itself and also how much the additional grant from the State of Minnesota Heritage Preservation office was for. Jeremiah said she thought it was $6,000. Duckstad asked if all the money was used for preparation of the report. Neal said most of it was used for the report preparation, but some may have been used for repairs to the building. Duckstad asked if the City provided any funding for the report in addition to the two grants. Neal said he was not sure. Aho asked what the proposed lease with the Historical Society would entail in terms of commitments on the City's behalf and what the Historical Society would provide. Neal said we are looking at the City continuing to have some role in making sure the building doesn't degrade and continuing to have some responsibility for large maintenance items as the building owner. He said from here on out this would require the Historical Society to do the day-to-day small maintenance items, would provide them the ability to program in the facility and to market those programs, to lease parts of the facility and to do general improvements to the facility with the approval of the City. CITY COUNCIL MINUTES March 9,2010 Page 10 Young had concerns with the specificity of what is going to be done and asked if there is an obligation for anything to be done to the property. Neal said there is not. Young thought we need to tighten that up a bit, and he thought we should get the five-year plan that was discussed with the donor and make that plan an amendment to the lease. We need more specifics and there needs to be progress towards the goals. He thought it would be better to split it into two five-year leases with the same terms, but firm up the commitment that something will happen with it. If revenues are generated as a result of the programs there, a portion of the revenue should be put into a fund for the property itself. Young said it states the Historical Society is to name the City as an additional insured on any property and casualty coverage or comprehensive liability policy it obtains, and he thought that doesn't answer the question whether we are obligating them to get that type of coverage. Rosow said the language was deliberate, and we have consulted with the League's insurance trust on the coverage available to the City. The Historical Society is named in a resolution of the City in the 1970's designating them to do certain tasks related to maintaining certain documents and historical treasures of the City, and they are covered under our liability policy with respect to those activities. It is optional for them to obtain additional coverage. Young asked if that meant there is no need for them to have their own coverage. Rosow said it was his judgment the historical programming they would do is covered under that charter-based resolution from the 1970's. Duckstad said it appears the Historical Society can continue to use the property as they are now if there were no lease, and he didn't see the lease agreement either enlarging or limiting the uses of the property. He was concerned about the City's situation here. He saw from the report we spent a lot of money and engaged an expert consultant and our best staff people to look at this. He also saw in the report the house could be maintained in its present state and sold as a residence requiring the owner to preserve the historical preservation aspect of the house. The house then would be self supporting and would be put back on the City tax roles. He thought that was a good plan and would be in the best interest of the taxpayers. He thought to enter into a lease with the Historical Society for 5-10 years ties our hands to go ahead and fulfill the purpose of the report. He noted at the time the report was endorsed by the Heritage Preservation Commission(HPC). He didn't know why we are abandoning the concept and didn't know that we should tie ourselves to a situation where we aren't free to do something in our best interests. Kathy Case, President of the Historical Society, said the report the HPC sent to the Council included the Historical Society and they did recommend the Historical Society take over the house and help fund it. She said the lease is very important because what we really want to do is save tax dollars and give the City money. A donor in Eden Prairie feels the site is very CITY COUNCIL MINUTES March 9,2010 Page 11 important and has offered us $50,000, but will not give the money unless we have a five-year lease. She has been a part of the discussions regarding the house since 1989, and there has been very slow progress over the years. If the Historical Society receives a lease on the house, they can get grant legacy money from the state and double the donor's money. They plan to restore the house but there is a lot of work to be done. They would like to work with the City to be sure we follow the integrity of this nationally registered site and they want to do this for the community. She thought it is a great site, and the landscape will be incredible. Young said he wanted to make sure the conditions were workable to the Historical Society. Neal noted we haven't completely abandoned the reuse study at this point, and the Council asked to defer the implementation of the study until this discussion ran its course. He noted from a capital improvement standpoint the Cummins Grill House will never be as high on the priority list of the City as it is for the Historical Society, and the Historical Society gets a greater degree of control over the facility with this lease. Duckstad said he has trouble with the length of the lease because it ties us up and prevents us from carrying out the recommendations of the report. He asked why the Historical Society couldn't continue to help us as is or do a month-to-month lease so we don't tie ourselves up. He was opposed to signing some long term lease because he didn't think we need it. Young said we are talking about two goals which could be inconsistent but need not be. There is a goal to improve the property and also a goal to make sure the City doesn't pay the freight to have it done. He thought we accomplish the primary goal of not having to increase our financial obligations beyond the minimal ones we have if we enter into the lease. Neal said the "do nothing" option in this case is not an option without cost because the site has operating costs of$15-16,000 per year. Young thought the financial donor wants to see a business plan for developing the property, and he thought we should make that a condition of the lease. He also thought we should split it into two five-year terms and, if the business plan is not satisfied, it becomes a default under the lease. That gives them the opportunity and the time they need to satisfy the conditions of the donor. Nelson liked the idea of improving and keeping up the house. It is a value to the City to have it in good condition and available to the public. It is wonderful that we have an individual that is willing to put together a grant, and she thought two five year leases or a ten year lease gives them that opportunity. She didn't see any problems in adding their five-year plan to this if we pass this tonight. Young thought it is workable. We need to include an obligation in the lease CITY COUNCIL MINUTES March 9,2010 Page 12 that within the course of the next year the five-year plan needs to be fully developed with the donor. Jan Mosman said she is chair of the task force for the five-year plan, and it is pretty much completed. The Historical Society doesn't have a lease yet, but they communicate with the donor family regularly and the donor receives meeting minutes. The donor knows what is proposed, what the priorities are, how the grant money would be used and that they would apply for the state legacy funds. Most of this cannot be done until we have a lease, and we can't get the money from the donor until that happens. The reason for the longer term lease is that most of the projects take a while to accomplish and we will do the work slowly and with historical accuracy. Case agreed that we could have two conditions: two five-year leases and the condition of the five-year plan being produced within a year or less. He said he spoke to the donor tonight, and he was clear that if there is no five-year plan there is no $50,000. That would mean there is no legacy grant and no benefit to the taxpayers. Duckstad asked if we know who the donor is and if they have made representations to the City or made an offer. Neal said he was not aware of the donor's name, but he knew of the communications between the donor and the Historical Society. Duckstad said the lease called for ten years but also outlined the obligations of the City to do certain things that cost money. He asked how much additional cost to the City those obligations would bring. Neal said we think our average annualized cost for the facility will be less than what we have today. We will have to maintain a small CIP fund to fulfill the building maintenance issues that we are responsible for. Young asked about paragraph 9 of the lease that says the City will provide certain utilities as long as those utilities are extended to the property. Neal said currently the Cummins Grill House is not served by city water or sewer. Both of those services have recently been extended to the property line and are readily available. Our plan has been that when an adaptive reuse of a building occurs, the entity would bring the utilities into the property at their cost. Young said he didn't think that is what the paragraph says. Neal replied that, like other City properties, we would provide water and sewer service to the property, but we would not extend it into the building. Rosow said he can do a better job of drafting that clause. Neal said he believes we have a common understanding of what that means but we will correct it. Aho said his recollection of the issue of this house and its adaptive reuse study was that one of our main goals was to be able to maintain it and offer it as an amenity to our taxpayers at no additional cost to us. This is a good opportunity that accomplishes those goals, and he was very much in favor of it. He thought a five-year lease term is a nice way to do it. He was looking forward to seeing the property opened up and this gives an CITY COUNCIL MINUTES March 9,2010 Page 13 opportunity for it to be used by more of the public at almost no cost to the City. Young asked Rosow if the language could be worked out after making the motion, or if we should have an amended version before us before the Council passes a motion. Rosow said the Council could approve the lease with the changes discussed and authorized by the City Council and approved by the Mayor and City Manager upon execution. He said we would tighten up what the Historical Society needs to do with the property, and make the performance of a five-year plan a condition of the lease along with seeing progress towards the goals. The lease would be split into two segments, a five year term with an option for five years provided there is no default under the lease, with default being lack of progress on the five-year plan. If revenue is generated, a portion of that revenue should be put into a capital improvement fund dedicated to the property. The five-year plan needs to be submitted within a year or less. Paragraph 9 will be corrected to reflect that utilities are not now extended, and the cost of extending utilities would be at the expense of the Historical Society. MOTION: Case moved, seconded by Nelson, to approve a lease agreement with the Eden Prairie Historical Society for the Cummins-Grill Homestead property with the conditions laid out by the City Attorney. Motion carried 4-1-0,with Duckstad opposed. 2. FCM Issues Update Neal said on February 16 the Council received an update on a number of issues affecting Flying Cloud Airport. One of the issues was regarding the warning letter received by pilots who violate the voluntary noise mitigation plans. We have also had a request from MAC to look at that part of the Final Agreement. The Council asked for additional discussion on the issue regarding the warning letter, and we could either discuss this tonight or could send it back to the Flying Cloud Airport Advisory Commission for additional discussion and recommendations. Young said his preference would be to send it back to the Flying Cloud Advisory Commission for further discussion since it is something that contemplates an amendment to the final agreement. Nelson said she would like to send the commission a little guidance to find a way to not back off from how many violations we are telling them about but perhaps to do it in a different format. She thought there could be a more effective way to hold them accountable for the number of violations. Neal said he thought measuring the number of letters sent may be the wrong metric because the outcome we want is to have fewer violations. One way to get that may be to send letters out but we may want the commission to discuss strategies for another way to get fewer violations. CITY COUNCIL MINUTES March 9,2010 Page 14 Case said if we send this back to the commission, his concern is that we would want a proven means to change the outcome. This is perceived by many as a very weak voluntary compliance ordinance as it is, and there was never a belief that a lot would happen when a letter was sent. If we remove even that, there will be a perception that it is being weakened. Neal said the final agreement requires the City and MAC to cooperate to do noise testing in 35 homes within two years after the completion of the runway expansion. Our staff and MAC's staff are working to get this ready to go this summer. We have produced two letters, a letter to go to homes that have been selected for the voluntary testing and a letter to the general neighborhood because they will see technicians working and will hear noise as part of the testing. 3. Google Broadband Initiatives Neal said we have received a large amount of interest in the City participating in the Google fiber-to-the-home initiative. There is a Request for Information out seeking cities in which they would like to build and operate a fiber-to-the-home network similar to the one they operate in their home town, Mountain View, CA. We are actively investigating the process and finding what is required to submit. We believe we have a better than average shot at this because we have good demographics and a good business base that would benefit from the network. He noted David Lindahl is the staff coordinator for this effort. Nelson thought this is a good thing for the City to be doing. 4. Yellow Ribbon Community Proposal Neal said Governor Pawlenty has a program called the Yellow Ribbon City Program, the purpose of which is to create a supportive community atmosphere for deployed soldiers and their families. There are some social- support networks that need to be set up. A lot of it is not dependent on city government but city government is part of the effort. A private citizen from Eden Prairie is launching this and has a meeting set up at Grace Church on March 16 in which he wants to share more information. Neal said he will attend the meeting, and Council Members are also welcome to attend. 5. CAPSH Veteran's Housing Proposal Neal said the Community Action Partnership of Suburban Hennepin County (CAPSH) is an entity that does affordable community housing programs. We have an agreement with Hennepin Village by which we can require they set aside a number of units for affordable housing. They have three remaining units, and CAPSH has developed a program that would set these aside for first time home buyers who are returning veterans. We would like CITY COUNCIL MINUTES March 9,2010 Page 15 to continue to develop the program with CAPSH. It would require the City to redirect the program that is in place but doesn't require more money. Nelson asked if that will be for both regular military as well as Minnesota National Guard. Neal said the program defines veteran as reservists who are reactivated. Nelson said she assumed they would have to be combat veterans. Neal said he didn't know if that was the case. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. Smith Douglas More House Conditional Use Permit Amendment and Lease Amendment Jeremiah said this item was continued from the February 16th meeting of the City Council. The public hearing on the conditional use permit was closed at that meeting. There was some discussion with regard to whether live music should be allowed outside on the property, whether campaign signs and literature should be allowed on the property, and whether a farmers' market would be appropriate. Since that meeting staff met with Ms Schuster to talk more about the clarification of the proposed uses. There have been some changes made in the conditional use permit to try to clarify. There is a new reference regarding the sale of beer and wine. Staff has proposed we allow outside acoustic music on the south side of the property only. There were some concerns from a resident about it taking place on the front porch, but the patio is typically where it takes place. We also had an email from Ms Schuster regarding her request to be allowed to have amplified music on the patio. Jeremiah noted the City Attorney suggested some revisions regarding the political use on the goldenrod sheets. She said Ms Schuster doesn't allow any political material to be left at the business. She said staff has not made any changes to the farmers' market language provisions. This is located in a rural zoning so it is within the City Council's purview to include any conditions or exclude such use. The email from Ms Schuster shows her preference regarding that. She also noted the email from a resident about the open sign in the window. The zoning administrator took a look at that and there is no violation. Case said the farmers' market issue was problematic before but we are now looking at a different model. This is publicly-owned property that is considered to be in private control. He saw this as being an opportunity for this entrepreneur to really actualize the property similar to what was requested last year for Christmas trees. It would draw people into the property and make it more of a gathering place. He would like to see some language regarding the farmers market. He said he also favored the amplification change. There have been zero complaints about that, and he has been there when it was played all day and it just hasn't been an issue. He thought the political activity and events are a little more problematic and CITY COUNCIL MINUTES March 9,2010 Page 16 it is difficult to look at events that could be held there that might somehow become political. He said he knows of at least six candidates who chose to have gatherings there. He thought this is a nice gathering place and if we are concerned about having a sign put up we could limit the time. We need to be sensitive that the City may seem to be sponsoring some candidate's event. He thought there is a way to allow all three of the activities to occur and we could develop language to address our concerns. Young thought the language in amended Exhibit B would prohibit political events at the property. The issue he raised at the last meeting was not whether political signs were good or bad. He said he wanted to make sure we have a uniform standard and that everyone knows what the standard is. It also needs to be a condition of the lease. He said there are other places in the City where people want to have amplified music and asked what we prescribe there. Jeremiah said we have a noise ordinance that addresses the volume levels. Some businesses have outdoor eating and some of those have music. Young asked if the noise ordinance would apply here. Jeremiah said it would. Rosow said he had a long conversation with Ms Schuster about the language on the goldenrod sheets for purposes of identifying the type of activities that would be part of the rules. She is equally concerned about having identifiable standards so she can communicate those to her customers. He said paragraph 11 is written to prohibit outside signs. This is the City's property and as a landlord we have an interest in making sure the enterprise is successful. Paragraph 12 deals with material inside and allows us to say we can determine we want to have rules at a future time. We also discussed whether we could say that no political assemblies could be organized and sponsored by the proprietor, and he thought the City as landlord could impose that on the property. Nelson asked if the language regarding non-commercial signs would prohibit a Girl Scout cookie sale. Rosow said that would be a commercial use. Nelson said that means they could do something for a non-profit group. She assumed a political candidate could put out an email about a gathering and that would still be allowed. Rosow said it would be and we are talking about sponsored events. Regarding the farmers' market issue, Young said his concern is whether the site can accommodate it. Case said Ms Schuster rents space from the funeral home for parking, but there may be a concern that it is hard to get emergency vehicles through the driveway. Neal said we think there are times now when parking issues occur there that are problematic from a public safety standpoint. People sometimes park on both sides of the drive, and that is the biggest concern staff has regarding a farmers' market development at that site. Case said Ms Schuster has plans for parking and he would like to see us CITY COUNCIL MINUTES March 9,2010 Page 17 allow it and then work at dealing with what happens. He didn't see the City has a down side on this. Young asked about the current term of the lease. Jeremiah said the current termination of the lease is December 31, 2011. Young asked if we should have the conditional permit terminate at the same time as the lease. Rosow said it doesn't really matter because the City is the owner of the property and if the lease isn't renewed the City can terminate it. The only downside to making it coterminous with the lease term is that the conditional use permit process would have to be repeated if the lease is renewed. Rosow said a conditional use permit is the City acting in its legislative capacity, and the lease is acting as a landlord. It isn't as easy to change the conditional use permit as it is to amend the lease, and that may argue in favor of the conditional use permit being coterminous. Young thought if it is granted and is coterminous with the lease term it takes certain issues off the table. Aho thought we can say the conditional use permit continues as written if we renew the lease. Nelson said if we see there are problems with parking on both sides of the driveway, we probably need to sign "no parking" on one side of the driveway regardless of what is going on at the property. She was glad they do have some kind of agreement to extend parking to the property next door. MOTION: Case moved, seconded by Nelson, to approve the Conditional Use Permit Amendment for the Smith Douglas More House, and to approve the Lease Amendment for Pure Grace, LLC, through the end of the lease term, per the version printed on the goldenrod paper and with the outside amplification permitted. Motion carried 5-0. D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF 1. Homeland Security Grant Police Chief Reynolds said he was asking the Council to accept a Homeland Security grant for$67,000. The money will be used to support the employee at the Minnesota Joint Analysis Center(MNJAC) and would cover the time from April 2011 through March 2012. He said the MNJAC is a very important communication link between local agencies and regional agencies and connect to other JAC's across the nation. There are no matching funds required and no long term employee commitments involved. Duckstad asked if Eden Prairie is not obligated to keep the individual on the payroll at the end of the current period. Reynolds said it is entirely grant CITY COUNCIL MINUTES March 9,2010 Page 18 funded. MOTION: Aho moved, seconded by Nelson, to accept the 2009 Homeland Security Grant#2009-MNJAC-00513 for the amount of$67,000. Motion carried 5-0. G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Nelson moved, seconded by Aho, to adjourn the meeting. Motion carried 5- 0. Mayor Young adjourned the meeting at 9:18 PM. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 23, 2010 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. 2010 Renewal Licenses Private Kennel Pamela Brabender Kley- dogs - 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent March 23, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.B. Jay Lotthammer, Director, Hennepin Youth Sports Grant Proposal— Parks and Recreation Round Lake Skate Park Motion Move to: Adopt resolution authorizing staff to submit a grant request to the Hennepin Youth Sports Grant Program for Round Lake Skate Park improvements. Synopsis Hennepin County is seeking local government units (LGU) interested in developing facilities for amateur sports or recreation. Legislation authorizing the building of the new Twins stadium allows Hennepin County to grant up to $2 million dollars each grant cycle to Hennepin County communities to assist with developing these facilities. These grants will be made through the Hennepin Youth Sports Program. The grant must be submitted by a local government organization and a council resolution authorizing the submission of the grant application is required. The skate park at Round Lake Park has been well used and has many pieces of equipment that have reached their useful life and will soon be presenting safety issues. In addition, the surface that the equipment sits upon needs to be repaired and expanded. A portion of the cost has been planned for in the CIP. Staff is recommending seeking grant funds of$100,000 and using CIP and park improvement funds to match the grant contribution. An application was submitted in November of 2009. Although this application achieved fairly high marks, it was not selected by the Hennepin County Board to be funded. Staff believes that it has a reasonable potential for funding during the second round of grants. Background The purpose of these grants is to allow municipalities, park districts and school districts to create, expand or improve sport or recreational facilities to enhance opportunities for athletics and recreation. No grant awards may be used for ongoing expenses, such as programming services or operating and maintaining the facilities. The criteria considered in evaluating grant applications includes; need for the facility, including recognizing that many changes in youth sports and activities have occurred in the more densely populated cities of Hennepin County, equitable distribution throughout the county, leveraging non-Hennepin County funds and in-kind contributions, sustainability, including ongoing operating funds and inclusion of environmental improvements. Attachments Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2010- RESOLUTION AUTHORIZING FILING OF APPLICATION AND EXECUTION OF AGREEMENT TO DEVELOP SPORT OR RECREATION FACILITIES UNDER THE PROVISIONS OF THE HENNEPIN YOUTH SPORTS PROGRAM FOR IMPROVEMENTS AT THE ROUND LAKE SKATE PARK WHEREAS, Hennepin County, via its Youth Sports Grant Program,provides for capital funds to assist local government units of Hennepin County for the development of sport or recreation facilities; and WHEREAS, the City of Eden Prairie desires to develop, make improvements and additions to the skate park at Round Lake Park(known as Round Lake Park Skate Park, hereinafter PROJECT) for the purpose of upgrading, improving safety and enhancing the quality of the experience for skaters. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL of the City of Eden Prairie: I. The estimate of the total cost of developing PROJECT shall be $200,000 and LGU is requesting $100,000 from the Hennepin County Legacy Grant program and will assume responsibility for a match requirement of$100,000. II. LGU agrees to own, assume one hundred (100)percent of operation costs for PROJECT, and will operate PROJECT for its intended purpose for the functional life of the facility, which is estimated to be fifteen years. III. LGU agrees to enter into necessary and required agreements with Hennepin County for the specific purpose of constructing a sport or recreational facility and long-term program direction. IV. That the Parks and Recreation Director is authorized and directed to execute said application and serve as official liaison with Hennepin County or its authorized representative. ADOPTED by the Eden Prairie City Council on this 23rd day of March 2010. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk CERTIFICATION I hereby certify that the foregoing resolution is a true and correct copy of the resolution presented to and adopted by the Eden Prairie City Council at a duly authorized meeting thereof held on the 23rd day of March, 2010, as shown by the minutes of said meeting in my possession. Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent March 23, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.C. Jay Lotthammer, Director, Hennepin Youth Sports Grant Proposal— Parks and Recreation Miller Park Motion Move to: Adopt resolution authorizing staff to submit a grant request to the Hennepin Youth Sports Grant Program for Miller Park baseball and softball field improvements. Synopsis Hennepin County is seeking local government units (LGU) interested in developing facilities for amateur sports or recreation. Legislation authorizing the building of the new Twins stadium allows Hennepin County to grant up to $2 million each grant cycle to Hennepin County communities to assist with developing these facilities. These grants will be made through the Hennepin Youth Sports Program. City of Eden Prairie staff approached local athletic associations to make them aware of the grant opportunity. The Eden Prairie Baseball Association and the Eden Prairie Fastpitch Association (girls softball) have responded with interest in pursuing an application to install covered players benches, replace the scoreboards on all eight fields and add a hitting/pitching practice area at Miller Park. Both associations have been raising funds, but do not currently have sufficient funds to complete the entire project. The associations have agreed to provide matching funds and assist City of Eden Prairie staff with the application process. The grant must be submitted by a local government organization and a council resolution authorizing the submission of the grant application is required. City of Eden Prairie staff would complete the application and oversee the construction if the award is successful. The estimated cost of the project is $230,000. No City of Eden Prairie funds are being proposed for this project. All funding would be a combination of contributions from the Fastpitch and Baseball Associations and grant money from Hennepin County. An application was submitted in November of 2009. Although this application scored at a level eligible for funding, it was not selected by the Hennepin County Board to be funded. Background The purpose of these grants is to allow municipalities, park districts and school districts to create, expand or improve sport or recreational facilities to enhance opportunities for athletics and recreation. No grant awards may be used for ongoing expenses, such as programming services or operating and maintaining the facilities. The criteria considered in evaluating grant applications includes; need for the facility, including recognizing that many changes in youth sports and Hennepin Youth Sports Grant Proposals—Miller Park March 23, 2010 Page 2 activities have occurred in the more densely populated cities of Hennepin County, equitable distribution throughout the county, leveraging non-Hennepin County funds and in-kind contributions, sustainability, including ongoing operating funds and inclusion of environmental improvements. The Eden Prairie Baseball and Fastpitch Associations have been fundraising and planning for improvements to Miller Park for many years. Both organizations have been conducting fundraising activities with these improvements in mind. If the grant is successful, adequate funds will be available to complete the project. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2010- RESOLUTION AUTHORIZING FILING OF APPLICATION AND EXECUTION OF AGREEMENT TO DEVELOP SPORT OR RECREATION FACILITIES UNDER THE PROVISIONS OF THE HENNEPIN YOUTH SPORTS PROGRAM FOR IMPROVEMENTS AT MILLER PARK WHEREAS, Hennepin County, via its Youth Sports Grant Program,provides for capital funds to assist local government units of Hennepin County for the development of sport or recreation facilities; and WHEREAS, the City of Eden Prairie desires to develop protective players benches, scoreboards and a hitting and pitching training area(known as Miller Park Improvements, hereinafter PROJECT) for the purpose of protecting players, enhancing the quality of the playing experience and creating additional learning and practice opportunities for softball and baseball. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL of the City of Eden Prairie: I. The estimate of the total cost of developing PROJECT shall be $230,000 and LGU is requesting $110,000 from the Hennepin County Legacy Grant program and will assume responsibility for a match requirement of$120,000. II. LGU agrees to own, assume one hundred (100)percent of operation costs for PROJECT, and will operate PROJECT for its intended purpose for the functional life of the facility, which is estimated to be twenty years. III. LGU agrees to enter into necessary and required agreements with Hennepin County for the specific purpose of constructing a sport or recreational facility and long-term program direction. IV. That the Parks and Recreation Director is authorized and directed to execute said application and serve as official liaison with Hennepin County or its authorized representative. ADOPTED by the Eden Prairie City Council on this 23rd day of March, 2010. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk CERTIFICATION I hereby certify that the foregoing resolution is a true and correct copy of the resolution presented to and adopted by the Eden Prairie City Council at a duly authorized meeting thereof held on the 23rd day of March, 2010, as shown by the minutes of said meeting in my possession. Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 23, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.D. Stuart Fox, Parks and Natural Authorize Preparation of Plans and Resources Manager, Specifications for Trail Overlay along Parks and Recreation Anderson Lake Pkwy, Homeward Hills Rd., and West 78th(Hwy. 5) Motion Move to: Authorize the staff to prepare plans and specifications for the overlay of the eight foot wide bituminous bike trail along portions of Anderson Lake Pkwy, Homeward Hills Rd., and West 78th(Hwy. 5) Synopsis The eight foot wide bituminous trail along Anderson Lake Pkwy, Homeward Hills Rd., and West 78th(Hwy. 5) are in very poor condition and need to be overlaid with a new asphalt top surface. The plans and specifications will detail the bituminous overlay of 11,600 lineal feet of existing 8 foot wide trail and the installation of thirteen new pedestrian/handicap ramps at various roadway crossings. Background The scope of this project is to overlay several existing 8 foot wide bituminous bike trail segments whose surface is rough, severely degraded and in poor condition. In 2008 these three trail segments ranked as being in poor condition(PCI under 70) in a city wide trail and sidewalk assessment that was done by GoodPointe Technology. These trail sections cannot be renovated using the surface treatments of a rock chip seal coat however rather than doing a total trail rebuild, a bituminous overlay of the trails will provide a safe and useable trail for the next 20 years. New concrete ramps will be installed to provide proper ADA access transition from the trail to the road surface at intersections where ramps are absent. The funds for doing this trail reconstruction comes from the Capital Improvement Project funding in the Public Works Department for the reconstruction and new construction of trails and sidewalks along road right of ways throughout the City. Staff estimate for this project, based on 2009 bid/quote information is $100,000. Attachments Trail Overlay Location Maps r l 1 / ( „.._. ____ _________,, s\ - 4' ' \ od ., ,t _ /41, ,,,\,,,, _ __-_, _ // GAKQtpt-N 1z t7// J* \ --- ---- - i - ) \ \ ,fr* i I \ 1 :- \ \\\ / it N. Yam, j/ N.N-N ;330.4 04411te l IN± ......... Set{ • i , .*: y ,:4 ,A,,,,§ __V-VL;.4/ / ›;-„-- 54 „,,, „iv ,, . 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'' ,.44 I. VAL\ -\\ *047,0401% Jimespran nuiri--,40alin" , /01 _II --------e '...b __4 _.1'-'" 1 dr -----.,,___i VI Napo 4d�nt,IYciMS-C<pjrgltiCIL " ".21133 11 11101k m ''- \Te Ill W 76 /41 y c secnoN1 6NIesT� CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda March 23, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 10-5763 ITEM NO.: VIII.E. Mary Krause Award Contract for 2010 Maintenance Public Works/Engineering Materials Requested Action Move to: Award contracts for I.C. 10-5763, 2010 Maintenance Materials, as indicated in the attached recommendation of award. Synopsis Bids were received on March 11, 2010 for the 2010 supply of Street Maintenance Materials required to perform annual street maintenance projects including street repair, patching and curb repair and replacement. Attached is a bid summary sheet and a table indicating the material, the recommended suppliers and the unit prices of the material to be purchased. Background Information MNDOT Bituminous and Class 5 Aggregate Materials: Four bids were received for the MNDOT bituminous mixes. A cost analysis of time, equipment and labor for hauling the asphalt from the supplier's plant to the shop indicates the lowest cost to use asphalt supplied from Bituminous Roadways, Inc., with Midwest Asphalt Corporation having the second lowest cost based on the analysis; third lowest being Wm. Mueller & Sons, Inc.. The MNDOT non-wear material analysis indicates the lowest cost supplier is Bituminous Roadways, Inc., followed by Wm. Mueller & Sons, Inc. with the second lowest cost and Midwest Asphalt Corporation with the third lowest. Due to production capabilities, demand and availability at the plants, staff recommends award of the bituminous mixes as stated above and as indicated on the attached Recommendation of Award. Staff will select the appropriate vendor on a daily basis. A similar cost analysis was done for the Class 5 aggregates. The analysis for Class 5 Recycled aggregate shows the lowest cost to utilize Midwest Asphalt Corporation and Class 5 Virgin (100% crushed) aggregate utilizing Bryan Rock. The low bid for concrete was from Cemstone Products Company. Attachments • Recommendation of Award • Bid Summary RECOMMENDATION OF AWARD I.C. 10-5763 2010 Maintenance Materials 1 Mn/Dot MVWE45035B(bituminous) Bituminous Roadways,Inc. $47.36/Ton Midwest Asphalt Corporation $57.25/Ton Wm.Mueller&Sons,Inc. $53.59/Ton Bituminous Roadways,Inc. $47.36/Ton 2 Mn/DOT MVNW45035B(bituminous) Wm.Mueller&Sons,Inc. $52.37/Ton Midwest Asphalt Corporation $57.25/Ton 3 Class 5 Recycled Aggregate Midwest Asphalt Corporation $8.50/Ton 4 Class 5 Virgin(100%Crushed)Aggregate Bryon Rock $8.50/Ton 5 Mn/DOT 2461 Concrete Mix 3A32 Cemstone Products Company $112.00/Yd.3 G:Engineering/IC#s/10-5763 Recommendation of Award" I.C. 10-5763 2010 Maintenance Materials Bid Results BIDDERS Bituminous Mix Bituminous Mix Class 5 Class 5 MNDOT 2461 MNWE45035B MNNW45035B (100%Recycled (100% Virgin concrete mix C Crushed) 3A32 Crushed) Aggregate Industries Barton Sand&Gravel $7.59/ton Bituminous Roadways $47.36/ton $47.36/ton $6.15/ton Bryan Rock $8.50/ton* Commercial Asphalt Co. $55.40/ton $55.40/ton Tiller Corporation Midwest Asphalt $57.25/ton $57.25/ton $8.50/ton $21.35/ton Mueller&Sons $53.59/ton $52.37/ton $7.81/ton SA-AG,Inc. $5.18/ton Shakopee Gravel,Inc. Cemstone Products Co. $112/Cu.Yd.** AVR,Inc. * Limestone ** $70/Load Short Load Charge G:Engineering/IC#s/10-5763/'Bid Summary" CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda March 23, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 07-5698 ITEM NO.: VIII.F. Leslie Stovring Award Contract for Study Areas 1 and 2 Public Works/Environmental of the Erosion Stabilization Project Services Requested Action Move to: Award contract for Study Areas 1 & 2 of the Lower Minnesota River Watershed District Erosion Stabilization Project to Machtemes Construction in the amount of $64,454.99 Synopsis Bids were received on Wednesday, March 11, 2010 for Study Areas 1 & 2 of the Erosion Stabilization Project within Lower Minnesota River Watershed District(LMRWD). Sixteen bids were received and evaluated. Attachment 1 includes a bid table itemizing the project bids. Machtemes Construction was the low bidder at an amount of$64,454.99. Costs for the project will be paid out of the stormwater utility fund. Background Information LMRWD completed an assessment of streams and channels tributary to the Minnesota River in 2007. Requests for assistance to evaluate and assist in the stabilization of these areas were sent to those cities where problems were found. Four Study Areas were selected in Eden Prairie for the initial phase of work. Study Areas 1 and 2 are located immediately south of Old Riverview Road within the Upgrala Hunt Club. The project areas include two large erosion gullies that are experiencing severe erosion. If left alone, the conditions would likely accelerate erosion into the Minnesota River floodplain. The site is considered to be a high priority area by LMRWD. Lower Minnesota River Watershed District will be contacted regarding extending the reimbursement program for up to 50% of the project costs for Study Areas 1 & 2 as they agreed for Study Area 4. The remainder will be paid out of the stormwater utility fund. Sixteen (16) bids were received. The low bid for the project was from Machtemes Construction with a bid of $64,454.99 or about 65% of the engineer's estimated cost for the project of $103,078. Staff recommends award of the contract to Machtemes Construction. Attachments Attachment 1 -Recommendation of Award and Bid Summary Wimi CONSULTING GROUP , I N C MINNEAPOLIS FARGO ENGINEERS I PLANNERS I DESIGNERS MADISON SRF No. 0086540 March 15, 2010 Leslie Stovring Environmental Coordinator CITY OF EDEN PRAIRIE 8080 Mitchell Road Eden Prairie, Minnesota 55344 SUBJECT: STUDY AREAS 1 AND 2 STABILIZATION PROJECT EDEN PRAIRIE I.C.No. 07-5698 Dear Leslie: Sealed bids were received for the referenced project on March 11, 2010 at 1:00 pm at the Eden Prairie City Hall. A total of sixteen (16) bids were received. All bids have been reviewed and checked, and are summarized in the attached bid tabulation. We have evaluated the low bid, and recommend that the project be awarded to Machtemes Construction. Sincerely, SRF CONSULTING GROUP,INC. CUa 1/6/C. !; ifiat'' --- t--T:"--------jr4-2 i' ..----C-7 --d- . -• Walter C. Eshenaur, PE Timothy Santiago, PE, LEED AP Senior Associate Senior Engineer WCE/TS/smf Attachment H:\Projects\6205\WR\DOC\Bid Award.docx www.srfconsulting.corn One Carlson Parkway North,Suite 150 I Minneapolis,MN 55447-4443 1763.475.0010 Fax:763.475.2429 An Equal Opportunity Employer BID FORM City of Eden Prairie Study Area 1 and 2 Storm Sewer I.C. No. 07-5698 BIDDER MUST FILL IN UNIT PRICES IN NUMERALS; MAKE EXTENSION FOR EACH ITEM AND TOTAL. FOR COMPLETE INFORMATION CONCERNING THESE ITEMS, SEE PLANS AND SPECIFICATIONS, INCLUDING SPECIAL PROVISIONS. I SRF I Machtemes Construction ITEM ITEM DESCRIPTION UNITS APPROXIMATE Unit Price Amount Unit Price Amount NUMBER QUANTITIES $$$$$.00 $$$$$.00 $$$$$.00 $$$$$.00 2021.501 MOBILIZATION LS 1 $ 1,150.00 $ 1,150.00 $ 1,200.00 $ 1,200.00 2101.501 CLEARING ACRE 0.9 $ 4,800.00 $ 4,320.00 $ 4,586.66 $ 4,127.99 2101.506 GRUBBING ACRE 0.6 $ 3,500.00 $ 2,100.00 $ 4,586.67 $ 2,752.00 2104.501 REMOVE SEWER PIPE(STORM) LF 12 $ 187.50 $ 2,250.00 $ 5.00 $ 60.00 2104.509 REMOVE METAL APRON EACH 1 $ 125.00 $ 125.00 $ 75.00 $ 75.00 2105.501 EXCAVATION AND EMBANKMENT(EV) CY 165 $ 12.00 $ 1,980.00 $ 3.00 $ 495.00 2105.525 TOPSOIL BORROW(CV) CY 290 $ 30.00 $ 8,700.00 $ 6.00 $ 1,740.00 2105.601 CONSTRUCT ACCESS ROAD LS 1 $ 2,000.00 $ 2,000.00 $ 1,200.00 $ 1,200.00 2105.601 DEWATERING LS 2 $ 2,000.00 $ 4,000.00 $ 400.00 $ 800.00 2118.502 AGGREGATE SURFACING CLASS 6 C Y 7.4 $ 85.00 $ 629.00 $ 48.00 $ 355.20 2501.515 30"RC PIPE APRON EACH 1 $ 881.25 $ 881.25 $ 1,530.00 $ 1,530.00 2501.515 48"RC PIPE APRON EACH 1 $ 1,575.00 $ 1,575.00 $ 2,420.00 $ 2,420.00 2503.541 30"RC PIPE SEWER DESIGN 3006 CLASS V LF 48 $ 103.75 $ 4,980.00 $ 94.50 $ 4,536.00 2503.541 36"RC PIPE SEWER DESIGN 3006 CLASS V LF 17 $ 88.75 $ 1,508.75 $ 109.50 $ 1,861.50 2503.541 48"RC PIPE SEWER DESIGN 3006 CLASS V LF 81 $ 193.75 $ 15,693.75 $ 151.00 $ 12,231.00 2503.602 CONNECT TO EXISTING STORM SEWER EACH 3 $ 1,150.00 $ 3,450.00 $ 300.00 $ 900.00 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN 54-S-5 LF 1 $ 2,750.00 $ 2,750.00 $ 1,925.00 $ 1,925.00 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN 54-S-5 EACH 9 $ 343.75 $ 3,093.75 $ 150.00 $ 1,350.00 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN 72-S-5 LF 3 $ 3,483.33 $ 10,449.99 $ 2,200.00 $ 6,600.00 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN 72-S-5 EACH 17 $ 475.00 $ 8,075.00 $ 225.00 $ 3,825.00 2506.516 CASTING ASSEMBLY EACH 4 $ 687.50 $ 2,750.00 $ 300.00 $ 1,200.00 2511.501 RANDOM RIPRAP CL III CY 24 $ 65.00 $ 1,560.00 $ 85.00 $ 2,040.00 2571.502 DECIDUOUS TREE 3'HT BR EACH 10 $ 187.50 $ 1,875.00 $ 70.00 $ 700.00 2573.502 SILT FENCE,TYPE HEAVY DUTY LF 210 $ 3.75 $ 787.50 $ 3.25 $ 682.50 2573.602 TEMPORARY ROCK CONSTRUCTION ENTRANCE EACH 2 $ 2,356.25 $ 4,712.50 $ 700.00 $ 1,400.00 2573.602 ROCK DITCH CHECK EACH 1 $ 756.25 $ 756.25 $ 950.00 $ 950.00 2575.501 SEEDING(FALL) ACRE 0 $0.00 $0.00 $0.00 $0.00 2575.501 SEEDING(SPRING) ACRE 1.4 $ 133.49 $ 186.88 $ 150.00 $ 210.00 2575.523 EROSION CONTROL BLANKETS CATEGORY 4 SY 6534 $ 1.35 $ 8,808.80 $ 1.00 $ 6,534.00 2575.532 FERTILIZER TYPE 1 LB 162 $ 0.96 $ 156.00 $ 0.40 $ 64.80 2575.608 SEED MIXTURE SPECIAL(WINTER WHEAT) LB 0 $0.00 $0.00 $0.00 $0.00 2575.608 SEED MIXTURE SPECIAL(BWSR U9 MIXTURE) LB 20 $ 15.00 $ 300.00 $ 22.00 $ 440.00 2563.601 ,TRAFFIC CONTROL LS 1 $ 500.00 $ 500.00 $ 250.00 $ 250.00 TOTAL $ 102,104.42 TOTAL $ 64,454.99 , 3/15/2010 Page 1 of 9 BID FORM City of Eden Prairie Study Area 1 and 2 Storm Sewer I.C. No. 07-5698 BIDDER MUST FILL IN UNIT PRICES IN NUMERALS; MAKE EXTENSION FOR EACH ITEP INFORMATION CONCERNING THESE ITEMS, SEE PLANS AND SPECIFICATIONS, INCLI Minger Construction Inc. I Stocker Excavating, Inc. ITEM ITEM DESCRIPTION UNITS APPROXIMATE Unit Price Amount Unit Price Amount NUMBER QUANTITIES $$$$$.00 $$$$$.00 $$$$$.00 $$$$$.00 2021.501 MOBILIZATION LS 1 $ 3,095.00 $ 3,095.00 $ 9,775.60 $ 9,775.60 2101.501 CLEARING ACRE 0.9 $ 3,230.00 $ 2,907.00 $ 4,952.90 $ 4,457.61 2101.506 GRUBBING ACRE 0.6 $ 3,230.00 $ 1,938.00 $ 4,952.90 $ 2,971.74 2104.501 REMOVE SEWER PIPE(STORM) LF 12 $ 4.60 $ 55.20 $ 9.90 $ 118.80 2104.509 REMOVE METAL APRON EACH 1 $ 115.00 $ 115.00 $ 178.00 $ 178.00 2105.501 EXCAVATION AND EMBANKMENT(EV) CY 165 $ 19.80 $ 3,267.00 $ 40.80 $ 6,732.00 2105.525 TOPSOIL BORROW(CV) CY 290 $ 16.50 $ 4,785.00 $ 2.00 $ 580.00 2105.601 CONSTRUCT ACCESS ROAD LS 1 $ 100.00 $ 100.00 $ 6,120.00 $ 6,120.00 2105.601 DEWATERING LS 2 $ 1.00 $ 2.00 $ 6,120.00 $ 12,240.00 2118.502 AGGREGATE SURFACING CLASS 6 C Y 7.4 $ 67.65 $ 500.61 $ 27.00 $ 199.80 2501.515 30"RC PIPE APRON EACH 1 $ 1,810.00 $ 1,810.00 $ 3,172.30 $ 3,172.30 2501.515 48"RC PIPE APRON EACH 1 $ 2,290.00 $ 2,290.00 $ 4,047.50 $ 4,047.50 2503.541 30"RC PIPE SEWER DESIGN 3006 CLASS V LF 48 $ 77.35 $ 3,712.80 $ 79.40 $ 3,811.20 2503.541 36"RC PIPE SEWER DESIGN 3006 CLASS V LF 17 $ 82.80 $ 1,407.60 $ 99.20 $ 1,686.40 2503.541 48"RC PIPE SEWER DESIGN 3006 CLASS V LF 81 $ 127.40 $ 10,319.40 $ 155.20 $ 12,571.20 2503.602 CONNECT TO EXISTING STORM SEWER EACH 3 $ 765.00 $ 2,295.00 $ 2,399.70 $ 7,199.10 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN 54-S-5 LF 1 $ 148.55 $ 148.55 $ 5,298.40 $ 5,298.40 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN 54-S-5 EACH 9 $ 1,865.00 $ 16,785.00 $ 152.30 $ 1,370.70 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN 72-S-5 LF 3 $ 202.30 $ 606.90 $ 5,781.30 $ 17,343.90 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN 72-S-5 EACH 17 $ 2,535.00 $ 43,095.00 $ 202.20 $ 3,437.40 2506.516 CASTING ASSEMBLY EACH 4 $ 460.00 $ 1,840.00 $ 400.10 $ 1,600.40 2511.501 RANDOM RIPRAP CL III CY 24 $ 95.90 $ 2,301.60 $ 99.50 $ 2,388.00 2571.502 DECIDUOUS TREE 3'HT BR EACH 10 $ 105.00 $ 1,050.00 $ 226.80 $ 2,268.00 2573.502 SILT FENCE,TYPE HEAVY DUTY LF 210 $ 3.50 $ 735.00 $ 2.20 $ 462.00 2573.602 TEMPORARY ROCK CONSTRUCTION ENTRANCE EACH 2 $ 625.00 $ 1,250.00 $ 1,428.00 $ 2,856.00 2573.602 ROCK DITCH CHECK EACH 1 $ 490.00 $ 490.00 $ 612.00 $ 612.00 2575.501 SEEDING(FALL) ACRE 0 $160.00 $0.00 $119.90 $0.00 2575.501 SEEDING(SPRING) ACRE 1.4 $ 160.00 $ 224.00 $ 119.90 $ 167.86 2575.523 EROSION CONTROL BLANKETS CATEGORY 4 SY 6534 $ 1.05 $ 6,860.70 $ 0.96 $ 6,272.64 2575.532 FERTILIZER TYPE 1 LB 162 $ 0.45 $ 72.90 $ 0.53 $ 85.86 2575.608 SEED MIXTURE SPECIAL(WINTER WHEAT) LB 0 $3.25 $0.00 $3.00 $0.00 2575.608 SEED MIXTURE SPECIAL(BWSR U9 MIXTURE) LB 20 $ 23.70 $ 474.00 $ 21.60 $ 432.00 2563.601 TRAFFIC CONTROL LS 1 $ 250.00 $ 250.00 $ 2,225.60 $ 2,225.60 I. TOTAL $ 114,783.26 TOTAL $ 122,682.01 3/15/2010 Page 2 of 9 BID FORM City of Eden Prairie Study Area 1 and 2 Storm Sewer I.C. No. 07-5698 BIDDER MUST FILL IN UNIT PRICES IN NUMERALS; MAKE EXTENSION FOR EACH ITEP INFORMATION CONCERNING THESE ITEMS, SEE PLANS AND SPECIFICATIONS, INCLI Nadeau Excavating, Inc. I Peterson Companies, Inc. ITEM APPROXIMATE Unit Price Amount Unit Price Amount NUMBER ITEM DESCRIPTION UNITS QUANTITIES $$$$$.00 $$$$$.00 $$$$$.00 $$$$$.00 2021.501 MOBILIZATION LS 1 $ 2,700.00 $ 2,700.00 $ 10,500.00 $ 10,500.00 2101.501 CLEARING ACRE 0.9 $ 5,400.00 $ 4,860.00 $ 5,000.00 $ 4,500.00 2101.506 GRUBBING ACRE 0.6 $ 4,100.00 $ 2,460.00 $ 3,000.00 $ 1,800.00 2104.501 REMOVE SEWER PIPE(STORM) LF 12 $ 22.00 $ 264.00 $ 15.00 $ 180.00 2104.509 REMOVE METAL APRON EACH 1 $ 200.00 $ 200.00 $ 75.00 $ 75.00 2105.501 EXCAVATION AND EMBANKMENT(EV) CY 165 $ 21.00 $ 3,465.00 $ 24.37 $ 4,021.05 2105.525 TOPSOIL BORROW(CV) CY 290 $ 16.50 $ 4,785.00 $ 33.16 $ 9,616.40 2105.601 CONSTRUCT ACCESS ROAD LS 1 $ 500.00 $ 500.00 $ 1,200.00 $ 1,200.00 2105.601 DEWATERING LS 2 $ 600.00 $ 1,200.00 $ 1,000.00 $ 2,000.00 2118.502 AGGREGATE SURFACING CLASS 6 C Y 7.4 $ 46.00 $ 340.40 $ 34.00 $ 251.60 2501.515 30"RC PIPE APRON EACH 1 $ 2,200.00 $ 2,200.00 $ 1,245.00 $ 1,245.00 2501.515 48"RC PIPE APRON EACH 1 $ 3,350.00 $ 3,350.00 $ 2,245.00 $ 2,245.00 2503.541 30"RC PIPE SEWER DESIGN 3006 CLASS V LF 48 $ 94.50 $ 4,536.00 $ 63.80 $ 3,062.40 2503.541 36"RC PIPE SEWER DESIGN 3006 CLASS V LF 17 $ 140.00 $ 2,380.00 $ 142.70 $ 2,425.90 2503.541 48"RC PIPE SEWER DESIGN 3006 CLASS V LF 81 $ 163.00 $ 13,203.00 $ 180.15 $ 14,592.15 2503.602 CONNECT TO EXISTING STORM SEWER EACH 3 $ 900.00 $ 2,700.00 $ 1,000.00 $ 3,000.00 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN 54-S-5 LF 1 $ 5,310.00 $ 5,310.00 $ 5,087.00 $ 5,087.00 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN 54-S-5 EACH 9 $ 590.00 $ 5,310.00 $ 319.00 $ 2,871.00 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN 72-S-5 LF 3 $ 5,990.00 $ 17,970.00 $ 6,593.00 $ 19,779.00 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN 72-S-5 EACH 17 $ 600.00 $ 10,200.00 $ 507.15 $ 8,621.55 2506.516 CASTING ASSEMBLY EACH 4 $ 420.00 $ 1,680.00 $ 400.00 $ 1,600.00 2511.501 RANDOM RIPRAP CL III CY 24 $ 85.00 $ 2,040.00 $ 70.00 $ 1,680.00 2571.502 DECIDUOUS TREE 3'HT BR EACH 10 $ 110.00 $ 1,100.00 $ 55.00 $ 550.00 2573.502 SILT FENCE,TYPE HEAVY DUTY LF 210 $ 5.20 $ 1,092.00 $ 2.95 $ 619.50 2573.602 TEMPORARY ROCK CONSTRUCTION ENTRANCE EACH 2 $ 900.00 $ 1,800.00 $ 950.00 $ 1,900.00 2573.602 ROCK DITCH CHECK EACH 1 $ 750.00 $ 750.00 $ 1,200.00 $ 1,200.00 2575.501 SEEDING(FALL) ACRE 0 $0.00 $0.00 $1,100.00 $0.00 2575.501 SEEDING(SPRING) ACRE 1.4 $ 1,700.00 $ 2,380.00 $ 1,100.00 $ 1,540.00 2575.523 EROSION CONTROL BLANKETS CATEGORY 4 SY 6534 $ 1.00 $ 6,534.00 $ 1.00 $ 6,534.00 2575.532 FERTILIZER TYPE 1 LB 162 $ 2.00 $ 324.00 $ 1.00 $ 162.00 2575.608 SEED MIXTURE SPECIAL(WINTER WHEAT) LB 0 $0.00 $0.00 $0.00 $0.00 2575.608 SEED MIXTURE SPECIAL(BWSR U9 MIXTURE) LB 20 $ 18.00 $ 360.00 $ 0.80 $ 16.00 I 2563.601 TRAFFIC CONTROL LS 1 $ 1,300.00 $ 1,300.00 $ 2,000.00 $ 2,000.00 I TOTAL $ 107,293.40 TOTAL $ 114,874.55 3/15/2010 Page 3 of 9 BID FORM City of Eden Prairie Study Area 1 and 2 Storm Sewer I.C. No. 07-5698 BIDDER MUST FILL IN UNIT PRICES IN NUMERALS; MAKE EXTENSION FOR EACH ITEP INFORMATION CONCERNING THESE ITEMS, SEE PLANS AND SPECIFICATIONS, INCLI Sunram Construction, Inc. I Veit and Company, Inc. ITEM ITEM DESCRIPTION UNITS APPROXIMATE Unit Price Amount Unit Price Amount NUMBER QUANTITIES $$$$$.00 $$$$$.00 $$$$$.00 $$$$$.00 2021.501 MOBILIZATION LS 1 $ 4,600.00 $ 4,600.00 $ 10,660.00 $ 10,660.00 2101.501 CLEARING ACRE 0.9 $ 4,815.00 $ 4,333.50 $ 5,550.00 $ 4,995.00 2101.506 GRUBBING ACRE 0.6 $ 4,815.00 $ 2,889.00 $ 3,330.00 $ 1,998.00 2104.501 REMOVE SEWER PIPE(STORM) LF 12 $ 12.60 $ 151.20 $ 14.00 $ 168.00 2104.509 REMOVE METAL APRON EACH 1 $ 215.00 $ 215.00 $ 115.00 $ 115.00 2105.501 EXCAVATION AND EMBANKMENT(EV) CY 165 $ 10.20 $ 1,683.00 $ 14.00 $ 2,310.00 2105.525 TOPSOIL BORROW(CV) CY 290 $ 14.00 $ 4,060.00 $ 8.00 $ 2,320.00 2105.601 CONSTRUCT ACCESS ROAD LS 1 $ 15,200.00 $ 15,200.00 $ 400.00 $ 400.00 2105.601 DEWATERING LS 2 $ 300.00 $ 600.00 $ 0.50 $ 1.00 2118.502 AGGREGATE SURFACING CLASS 6 C Y 7.4 $ 47.50 $ 351.50 $ 70.00 $ 518.00 2501.515 30"RC PIPE APRON EACH 1 $ 1,800.00 $ 1,800.00 $ 1,690.00 $ 1,690.00 2501.515 48"RC PIPE APRON EACH 1 $ 2,815.00 $ 2,815.00 $ 3,360.00 $ 3,360.00 2503.541 30"RC PIPE SEWER DESIGN 3006 CLASS V LF 48 $ 79.00 $ 3,792.00 $ 80.00 $ 3,840.00 2503.541 36"RC PIPE SEWER DESIGN 3006 CLASS V LF 17 $ 96.00 $ 1,632.00 $ 90.00 $ 1,530.00 2503.541 48"RC PIPE SEWER DESIGN 3006 CLASS V LF 81 $ 143.00 $ 11,583.00 $ 155.00 $ 12,555.00 2503.602 CONNECT TO EXISTING STORM SEWER EACH 3 $ 660.00 $ 1,980.00 $ 305.00 $ 915.00 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN 54-S-5 LF 1 $ 3,365.00 $ 3,365.00 $ 3,350.00 $ 3,350.00 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN 54-S-5 EACH 9 $ 167.00 $ 1,503.00 $ 130.00 $ 1,170.00 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN 72-S-5 LF 3 $ 4,750.00 $ 14,250.00 $ 5,620.00 $ 16,860.00 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN 72-S-5 EACH 17 $ 194.00 $ 3,298.00 $ 170.00 $ 2,890.00 2506.516 CASTING ASSEMBLY EACH 4 $ 400.00 $ 1,600.00 $ 315.00 $ 1,260.00 2511.501 RANDOM RIPRAP CL III CY 24 $ 80.00 $ 1,920.00 $ 77.50 $ 1,860.00 2571.502 DECIDUOUS TREE 3'HT BR EACH 10 $ 52.50 $ 525.00 $ 70.00 $ 700.00 2573.502 SILT FENCE,TYPE HEAVY DUTY LF 210 $ 3.60 $ 756.00 $ 3.60 $ 756.00 2573.602 TEMPORARY ROCK CONSTRUCTION ENTRANCE EACH 2 $ 800.00 $ 1,600.00 $ 960.00 $ 1,920.00 2573.602 ROCK DITCH CHECK EACH 1 $ 760.00 $ 760.00 $ 1,450.00 $ 1,450.00 2575.501 SEEDING(FALL) ACRE 0 $0.00 $0.00 $0.00 $0.00 2575.501 SEEDING(SPRING) ACRE 1.4 $ 525.00 $ 735.00 $ 165.00 $ 231.00 2575.523 EROSION CONTROL BLANKETS CATEGORY 4 SY 6534 $ 1.05 $ 6,860.70 $ 1.00 $ 6,534.00 2575.532 FERTILIZER TYPE 1 LB 162 $ 1.05 $ 170.10 $ 1.00 $ 162.00 2575.608 SEED MIXTURE SPECIAL(WINTER WHEAT) LB 0 $0.00 $0.00 $0.00 $0.00 2575.608 SEED MIXTURE SPECIAL(BWSR U9 MIXTURE) LB 20 $ 21.00 $ 420.00 $ 24.50 $ 490.00 1 2563.601 TRAFFIC CONTROL I LS 1 $ 500.00 $ 500.00 $ 500.00 $ 500.00 IA' TOTAL $ 95,948.00 TOTAL $ 87,508.00 3/15/2010 Page 4 of 9 BID FORM City of Eden Prairie Study Area 1 and 2 Storm Sewer I.C. No. 07-5698 BIDDER MUST FILL IN UNIT PRICES IN NUMERALS; MAKE EXTENSION FOR EACH ITEI' INFORMATION CONCERNING THESE ITEMS, SEE PLANS AND SPECIFICATIONS, INCLI Burschville Construction, Inc. I G.L. Contracting, Inc. ITEM ITEM DESCRIPTION UNITS APPROXIMATE Unit Price Amount Unit Price Amount NUMBER QUANTITIES $$$$$.00 $$$$$.00 $$$$$.00 $$$$$.00 2021.501 MOBILIZATION LS 1 $ 5,000.00 $ 5,000.00 $ 2,021.60 $ 2,021.60 2101.501 CLEARING ACRE 0.9 $ 5,000.00 $ 4,500.00 $ 4,999.50 $ 4,499.55 2101.506 GRUBBING ACRE 0.6 $ 5,000.00 $ 3,000.00 $ 4,999.50 $ 2,999.70 2104.501 REMOVE SEWER PIPE(STORM) LF 12 $ 12.50 $ 150.00 $ 12.10 $ 145.20 2104.509 REMOVE METAL APRON EACH 1 $ 150.00 $ 150.00 $ 204.40 $ 204.40 2105.501 EXCAVATION AND EMBANKMENT(EV) CY 165 $ 13.00 $ 2,145.00 $ 7.10 $ 1,171.50 2105.525 TOPSOIL BORROW(CV) CY 290 $ 20.00 $ 5,800.00 $ 6.10 $ 1,769.00 2105.601 CONSTRUCT ACCESS ROAD LS 1 $ 1,250.00 $ 1,250.00 $ 545.00 $ 545.00 2105.601 DEWATERING LS 2 $ 750.00 $ 1,500.00 $ 272.50 $ 545.00 2118.502 AGGREGATE SURFACING CLASS 6 C Y 7.4 $ 60.00 $ 444.00 $ 60.10 $ 444.74 2501.515 30"RC PIPE APRON EACH 1 $ 1,425.00 $ 1,425.00 $ 1,732.90 $ 1,732.90 2501.515 48"RC PIPE APRON EACH 1 $ 2,300.00 $ 2,300.00 $ 2,703.40 $ 2,703.40 2503.541 30"RC PIPE SEWER DESIGN 3006 CLASS V LF 48 $ 102.00 $ 4,896.00 $ 75.80 $ 3,638.40 2503.541 36"RC PIPE SEWER DESIGN 3006 CLASS V LF 17 $ 120.00 $ 2,040.00 $ 92.20 $ 1,567.40 2503.541 48"RC PIPE SEWER DESIGN 3006 CLASS V LF 81 $ 170.00 $ 13,770.00 $ 137.20 $ 11,113.20 2503.602 CONNECT TO EXISTING STORM SEWER EACH 3 $ 1,000.00 $ 3,000.00 $ 637.30 $ 1,911.90 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN 54-S-5 LF 1 $ 3,450.00 $ 3,450.00 $ 3,233.00 $ 3,233.00 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN 54-S-5 EACH 9 $ 220.00 $ 1,980.00 $ 160.40 $ 1,443.60 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN 72-S-5 LF 3 $ 3,750.00 $ 11,250.00 $ 4,560.90 $ 13,682.70 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN 72-S-5 EACH 17 $ 300.00 $ 5,100.00 $ 187.10 $ 3,180.70 2506.516 CASTING ASSEMBLY EACH 4 $ 425.00 $ 1,700.00 $ 0.01 $ 0.04 2511.501 RANDOM RIPRAP CL III CY 24 $ 100.00 $ 2,400.00 $ 98.30 $ 2,359.20 2571.502 DECIDUOUS TREE 3'HT BR EACH 10 $ 60.00 $ 600.00 $ 81.80 $ 818.00 2573.502 SILT FENCE,TYPE HEAVY DUTY LF 210 $ 3.50 $ 735.00 $ 2.20 $ 462.00 2573.602 TEMPORARY ROCK CONSTRUCTION ENTRANCE EACH 2 $ 750.00 $ 1,500.00 $ 272.50 $ 545.00 2573.602 ROCK DITCH CHECK EACH 1 $ 350.00 $ 350.00 $ 623.40 $ 623.40 2575.501 SEEDING(FALL) ACRE 0 $0.00 $0.00 $0.00 $0.00 2575.501 SEEDING(SPRING) ACRE 1.4 $ 550.00 $ 770.00 $ 121.00 $ 169.40 2575.523 EROSION CONTROL BLANKETS CATEGORY 4 SY 6534 $ 1.10 $ 7,187.40 $ 0.97 $ 6,337.98 2575.532 FERTILIZER TYPE 1 LB 162 $ 1.10 $ 178.20 $ 0.53 $ 85.86 2575.608 SEED MIXTURE SPECIAL(WINTER WHEAT) LB 0 $0.00 $0.00 $0.00 $0.00 2575.608 SEED MIXTURE SPECIAL(BWSR U9 MIXTURE) LB 20 $ 25.00 $ 500.00 $ 21.80 $ 436.00 2563.601 TRAFFIC CONTROL LS 1 $ 500.00 $ 500.00 $ 545.00 $ 545.00 I, TOTAL $ 89,570.60 TOTAL $ 70,934.77 3/15/2010 Page 5 of 9 BID FORM City of Eden Prairie Study Area 1 and 2 Storm Sewer I.C. No. 07-5698 BIDDER MUST FILL IN UNIT PRICES IN NUMERALS; MAKE EXTENSION FOR EACH ITEP INFORMATION CONCERNING THESE ITEMS, SEE PLANS AND SPECIFICATIONS, INCLI Hennen Constructions Co., Inc. I Kusske Construction ITEM ITEM DESCRIPTION UNITS APPROXIMATE Unit Price Amount Unit Price Amount NUMBER QUANTITIES $$$$$.00 $$$$$.00 $$$$$.00 $$$$$.00 2021.501 MOBILIZATION LS 1 $ 4,500.00 $ 4,500.00 $ 3,625.00 $ 3,625.00 2101.501 CLEARING ACRE 0.9 $ 4,950.00 $ 4,455.00 $ 3,500.00 $ 3,150.00 • 2101.506 GRUBBING ACRE 0.6 $ 4,950.00 $ 2,970.00 $ 3,500.00 $ 2,100.00 2104.501 REMOVE SEWER PIPE(STORM) LF 12 $ 5.00 $ 60.00 $ 8.00 $ 96.00 2104.509 REMOVE METAL APRON EACH 1 $ 100.00 $ 100.00 $ 685.00 $ 685.00 2105.501 EXCAVATION AND EMBANKMENT(EV) CY 165 $ 8.00 $ 1,320.00 $ 9.85 $ 1,625.25 2105.525 TOPSOIL BORROW(CV) CY 290 $ 15.00 $ 4,350.00 $ 14.50 $ 4,205.00 2105.601 CONSTRUCT ACCESS ROAD LS 1 $ 2,500.00 $ 2,500.00 $ 2,600.00 $ 2,600.00 2105.601 DEWATERING LS 2 $ 5,000.00 $ 10,000.00 $ 500.00 $ 1,000.00 2118.502 AGGREGATE SURFACING CLASS 6 C Y 7.4 $ 45.00 $ 333.00 $ 32.00 $ 236.80 2501.515 30"RC PIPE APRON EACH 1 $ 2,400.00 $ 2,400.00 $ 895.00 $ 895.00 2501.515 48"RC PIPE APRON EACH 1 $ 3,250.00 $ 3,250.00 $ 1,920.00 $ 1,920.00 2503.541 30"RC PIPE SEWER DESIGN 3006 CLASS V LF 48 $ 75.00 $ 3,600.00 $ 56.00 $ 2,688.00 2503.541 36"RC PIPE SEWER DESIGN 3006 CLASS V LF 17 $ 90.00 $ 1,530.00 $ 73.00 $ 1,241.00 2503.541 48"RC PIPE SEWER DESIGN 3006 CLASS V LF 81 $ 150.00 $ 12,150.00 $ 120.00 $ 9,720.00 2503.602 CONNECT TO EXISTING STORM SEWER EACH 3 $ 1,000.00 $ 3,000.00 $ 750.00 $ 2,250.00 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN 54-S-5 LF 1 $ 2,500.00 $ 2,500.00 $ 2,280.00 $ 2,280.00 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN 54-S-5 EACH 9 $ 250.00 $ 2,250.00 $ 175.00 $ 1,575.00 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN 72-S-5 LF 3 $ 4,000.00 $ 12,000.00 $ 3,365.00 $ 10,095.00 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN 72-S-5 EACH 17 $ 350.00 $ 5,950.00 $ 225.00 $ 3,825.00 2506.516 CASTING ASSEMBLY EACH 4 $ 500.00 $ 2,000.00 $ 400.00 $ 1,600.00 2511.501 RANDOM RIPRAP CL III CY 24 $ 100.00 $ 2,400.00 $ 74.00 $ 1,776.00 2571.502 DECIDUOUS TREE 3'HT BR EACH 10 $ 100.00 $ 1,000.00 $ 200.00 $ 2,000.00 2573.502 SILT FENCE,TYPE HEAVY DUTY LF 210 $ 1.75 $ 367.50 $ 3.50 $ 735.00 2573.602 TEMPORARY ROCK CONSTRUCTION ENTRANCE EACH 2 $ 1,000.00 $ 2,000.00 $ 1,100.00 $ 2,200.00 2573.602 ROCK DITCH CHECK EACH 1 $ 300.00 $ 300.00 $ 250.00 $ 250.00 2575.501 SEEDING(FALL) ACRE 0 $0.00 $0.00 $160.00 $0.00 2575.501 SEEDING(SPRING) ACRE 1.4 $ 160.00 $ 224.00 $ 160.00 $ 224.00 • 2575.523 EROSION CONTROL BLANKETS CATEGORY 4 SY 6534 $ 1.05 $ 6,860.70 $ 1.10 $ 7,187.40 2575.532 FERTILIZER TYPE 1 LB 162 $ 0.50 $ 81.00 $ 0.45 $ 72.90 2575.608 SEED MIXTURE SPECIAL(WINTER WHEAT) LB 0 $0.00 $0.00 $3.25 $0.00 2575.608 SEED MIXTURE SPECIAL(BWSR U9 MIXTURE) LB 20 $ 23.00 $ 460.00 $ 23.50 $ 470.00 2563.601 TRAFFIC CONTROL 1 LS 1 $ 1,000.00 $ 1,000.00 $ 3,500.00 $ 3,500.00 I, TOTAL $ 95,911.20 TOTAL $ 75,827.35 3/15/2010 Page 6 of 9 BID FORM City of Eden Prairie Study Area 1 and 2 Storm Sewer I.C. No. 07-5698 BIDDER MUST FILL IN UNIT PRICES IN NUMERALS; MAKE EXTENSION FOR EACH ITEP INFORMATION CONCERNING THESE ITEMS, SEE PLANS AND SPECIFICATIONS, INCLI Rachel Contracting, LLC I Schneider Exc. &Grading, Inc. ITEM APPROXIMATE Unit Price Amount Unit Price Amount NUMBER ITEM DESCRIPTION UNITS QUANTITIES $$$$$.00 $$$$$.00 $$$$$.00 $$$$$.00 2021.501 MOBILIZATION LS 1 $ 5,000.00 $ 5,000.00 $ 2,000.00 $ 2,000.00 2101.501 CLEARING ACRE 0.9 $ 4,600.00 $ 4,140.00 $ 4,222.22 $ 3,800.00 2101.506 GRUBBING ACRE 0.6 $ 4,600.00 $ 2,760.00 $ 2,916.00 $ 1,749.60 2104.501 REMOVE SEWER PIPE(STORM) LF 12 $ 20.00 $ 240.00 $ 10.00 $ 120.00 2104.509 REMOVE METAL APRON EACH 1 $ 100.00 $ 100.00 $ 25.00 $ 25.00 2105.501 EXCAVATION AND EMBANKMENT(EV) CY 165 $ 49.00 $ 8,085.00 $ 15.00 $ 2,475.00 2105.525 TOPSOIL BORROW(CV) CY 290 $ 4.00 $ 1,160.00 $ 11.00 $ 3,190.00 2105.601 CONSTRUCT ACCESS ROAD LS 1 $ 500.00 $ 500.00 $ 1,000.00 $ 1,000.00 2105.601 DEWATERING LS 2 $ 500.00 $ 1,000.00 $ 1.00 $ 2.00 2118.502 AGGREGATE SURFACING CLASS 6 C Y 7.4 $ 50.00 $ 370.00 $ 27.00 $ 199.80 2501.515 30"RC PIPE APRON EACH 1 $ 900.00 $ 900.00 $ 860.56 $ 860.56 2501.515 48"RC PIPE APRON EACH 1 $ 1,800.00 $ 1,800.00 $ 1,597.65 $ 1,597.65 2503.541 30"RC PIPE SEWER DESIGN 3006 CLASS V LF 48 $ 70.00 $ 3,360.00 $ 100.90 $ 4,843.20 2503.541 36"RC PIPE SEWER DESIGN 3006 CLASS V LF 17 $ 95.00 $ 1,615.00 $ 147.22 $ 2,502.74 2503.541 48"RC PIPE SEWER DESIGN 3006 CLASS V LF 81 $ 145.00 $ 11,745.00 $ 215.89 $ 17,487.09 2503.602 CONNECT TO EXISTING STORM SEWER EACH 3 $ 200.00 $ 600.00 $ 1,000.00 $ 3,000.00 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN 54-S-5 LF 1 $ 2,200.00 $ 2,200.00 $ 4,465.00 $ 4,465.00 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN 54-S-5 EACH 9 $ 280.00 $ 2,520.00 $ 298.40 $ 2,685.60 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN 72-S-5 LF 3 $ 2,000.00 $ 6,000.00 $ 5,122.39 $ 15,367.17 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN 72-S-5 EACH 17 $ 500.00 $ 8,500.00 $ 302.67 $ 5,145.39 2506.516 CASTING ASSEMBLY EACH 4 $ 350.00 $ 1,400.00 $ 361.99 $ 1,447.96 2511.501 RANDOM RIPRAP CL III CY 24 $ 100.00 $ 2,400.00 $ 60.00 $ 1,440.00 2571.502 DECIDUOUS TREE 3'HT BR EACH 10 $ 60.00 $ 600.00 $ 300.00 $ 3,000.00 2573.502 SILT FENCE,TYPE HEAVY DUTY LF 210 $ 4.00 $ 840.00 $ 3.50 $ 735.00 2573.602 TEMPORARY ROCK CONSTRUCTION ENTRANCE EACH 2 $ 800.00 $ 1,600.00 $ 1,000.00 $ 2,000.00 2573.602 ROCK DITCH CHECK EACH 1 $ 800.00 $ 800.00 $ 500.00 $ 500.00 2575.501 SEEDING(FALL) ACRE 0 $0.00 $0.00 $0.00 $0.00 • 2575.501 SEEDING(SPRING) ACRE 1.4 $ 500.00 $ 700.00 $ 175.00 $ 245.00 2575.523 EROSION CONTROL BLANKETS CATEGORY SY 6534 $ 1.00 $ 6,534.00 $ 1.40 $ 9,147.60 2575.532 FERTILIZER TYPE 1 LB 162 $ 1.00 $ 162.00 $ 0.50 $ 81.00 2575.608 SEED MIXTURE SPECIAL(WINTER WHEAT) LB 0 $0.00 $0.00 $0.00 $0.00 2575.608 SEED MIXTURE SPECIAL(BWSR U9 MIXTURE) LB 20 $ 20.00 $ 400.00 $ 23.00 $ 460.00 2563.601 i TRAFFIC CONTROL LS 1 $ 500.00 $ 500.00 $ 250.00 $ 250.00 { TOTAL $ 78,531.00 TOTAL $ 91,822.36 3/15/2010 Page 7 of 9 BID FORM City of Eden Prairie Study Area 1 and 2 Storm Sewer I.C. No.07-5698 BIDDER MUST FILL IN UNIT PRICES IN NUMERALS; MAKE EXTENSION FOR EACH ITEP INFORMATION CONCERNING THESE ITEMS, SEE PLANS AND SPECIFICATIONS, INCLI Minnesota Dirt Works, Inc. ( Northdale Construction Co., Inc. ITEM ITEM DESCRIPTION UNITS APPROXIMATE Unit Price Amount Unit Price Amount NUMBER QUANTITIES $$$$$.00 $$$$$.00 $$$$$.00 $$$$$.00 2021.501 MOBILIZATION LS 1 $ 2,600.00 $ 2,600.00 $ 5,000.00 $ 5,000.00 2101.501 CLEARING ACRE 0.9 $ 3,000.00 $ 2,700.00 $ 4,816.35 $ 4,334.72 2101.506 GRUBBING ACRE 0.6 $ 3,000.00 $ 1,800.00 $ 4,816.35 $ 2,889.81 2104.501 REMOVE SEWER PIPE(STORM) LF 12 $ 40.00 $ 480.00 $ 10.00 $ 120.00 2104.509 REMOVE METAL APRON EACH 1 $ 200.00 $ 200.00 $ 100.00 $ 100.00 2105.501 EXCAVATION AND EMBANKMENT(EV) CY 165 $ 15.00 $ 2,475.00 $ 10.00 $ 1,650.00 2105.525 TOPSOIL BORROW(CV) CY 290 $ 10.00 $ 2,900.00 $ 20.00 $ 5,800.00 2105.601 CONSTRUCT ACCESS ROAD LS 1 $ 1,000.00 $ 1,000.00 $ 1,500.00 $ 1,500.00 2105.601 DEWATERING LS 2 $ 350.00 $ 700.00 $ 0.01 $ 0.02 2118.502 AGGREGATE SURFACING CLASS 6 C Y 7.4 $ 35.00 $ 259.00 $ 33.65 $ 249.01 2501.515 30"RC PIPE APRON EACH 1 $ 800.00 $ 800.00 $ 1,198.75 $ 1,198.75 2501.515 48"RC PIPE APRON EACH 1 $ 1,700.00 $ 1,700.00 $ 2,147.98 $ 2,147.98 2503.541 30"RC PIPE SEWER DESIGN 3006 CLASS V LF 48 $ 65.00 $ 3,120.00 $ 65.56 $ 3,146.88 ' 2503.541 36"RC PIPE SEWER DESIGN 3006 CLASS V LF 17 $ 85.00 $ 1,445.00 $ 84.57 $ 1,437.69 2503.541 48"RC PIPE SEWER DESIGN 3006 CLASS V LF 81 $ 125.00 $ 10,125.00 $ 128.65 $ 10,420.65 2503.602 CONNECT TO EXISTING STORM SEWER EACH 3 $ 500.00 $ 1,500.00 $ 750.00 $ 2,250.00 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN 54-S-5 LF 1 $ 3,500.00 $ 3,500.00 $ 1,601.88 $ 1,601.88 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN 54-S-5 EACH 9 $ 150.00 $ 1,350.00 $ 157.50 $ 1,417.50 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN 72-S-5 LF 3 $ 4,500.00 $ 13,500.00 $ 2,633.40 $ 7,900.20 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN 72-S-5 EACH 17 $ 150.00 $ 2,550.00 $ 236.25 $ 4,016.25 2506.516 CASTING ASSEMBLY EACH 4 $ 700.00 $ 2,800.00 $ 841.25 $ 3,365.00 2511.501 RANDOM RIPRAP CL III CY 24 $ 80.00 $ 1,920.00 $ 100.00 $ 2,400.00 2571.502 DECIDUOUS TREE 3'HT BR EACH 10 $ 50.00 $ 500.00 $ 315.00 $ 3,150.00 2573.502 SILT FENCE,TYPE HEAVY DUTY LF 210 $ 3.00 $ 630.00 $ 2.60 $ 546.00 2573.602 TEMPORARY ROCK CONSTRUCTION ENTRANCE EACH 2 $ 800.00 $ 1,600.00 $ 1,000.00 $ 2,000.00 2573.602 ROCK DITCH CHECK EACH 1 $ 700.00 $ 700.00 $ 1,000.00 $ 1,000.00 • 2575.501 SEEDING(FALL) ACRE 0 $0.00 $0.00 $0.00 2575.501 SEEDING(SPRING) ACRE 1.4 $ 500.00 $ 700.00 $ 116.55 $ 163.17 2575.523 EROSION CONTROL BLANKETS CATEGORY 4 SY 6534 $ 1.00 $ 6,534.00 $ 0.93 $ 6,076.62 2575.532 FERTILIZER TYPE 1 LB 162 $ 1.00 $ 162.00 $ 0.51 $ 82.62 2575.608 SEED MIXTURE SPECIAL(WINTER WHEAT) LB 0 $0.00 $0.00 $0.00 2575.608 SEED MIXTURE SPECIAL(BWSR U9 MIXTURE) LB 20 $ 20.00 $ 400.00 $ 20.99 $ 419.80 2563.601 TRAFFIC CONTROL LS 1 $ 300.00 $ 300.00 $ 2,100.00 $ 2,100.00 L TOTAL $ 70,950.00 TOTAL $ 78,484.55 3/15/2010 Page 8 of 9 BID FORM City of Eden Prairie Study Area 1 and 2 Storm Sewer I.C. No.07-5698 BIDDER MUST FILL IN UNIT PRICES IN NUMERALS; MAKE EXTENSION FOR EACH ITEP INFORMATION CONCERNING THESE ITEMS, SEE PLANS AND SPECIFICATIONS, INCLI G.F. Jedlicki, Inc. ITEM ITEM DESCRIPTION UNITS APPROXIMATE Unit Price Amount NUMBER QUANTITIES $$$$$.00 $$$$$.00 2021.501 MOBILIZATION LS 1 $ 1,650.00 $ 1,650.00 2101.501 CLEARING ACRE 0.9 $ 5,000.00 $ 4,500.00 2101.506 GRUBBING ACRE 0.6 $ 3,000.00 $ 1,800.00 2104.501 REMOVE SEWER PIPE(STORM) LF 12 $ 10.00 $ 120.00 2104.509 REMOVE METAL APRON EACH 1 $ 200.00 $ 200.00 2105.501 EXCAVATION AND EMBANKMENT(EV) CY 165 $ 15.00 $ 2,475.00 2105.525 TOPSOIL BORROW(CV) CY 290 $ 12.00 $ 3,480.00 2105.601 CONSTRUCT ACCESS ROAD LS 1 $ 1,650.00 $ 1,650.00 2105.601 DEWATERING LS 2 $ 1,000.00 $ 2,000.00 2118.502 AGGREGATE SURFACING CLASS 6 C Y 7.4 $ 25.00 $ 185.00 2501.515 30"RC PIPE APRON EACH 1 $ 1,400.00 $ 1,400.00 ' 2501.515 48"RC PIPE APRON EACH 1 $ 2,300.00 $ 2,300.00 2503.541 30"RC PIPE SEWER DESIGN 3006 CLASS V LF 48 $ 65.00 $ 3,120.00 2503.541 36"RC PIPE SEWER DESIGN 3006 CLASS V LF 17 $ 78.00 $ 1,326.00 2503.541 48"RC PIPE SEWER DESIGN 3006 CLASS V LF 81 $ 115.00 $ 9,315.00 2503.602 CONNECT TO EXISTING STORM SEWER EACH 3 $ 500.00 $ 1,500.00 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN 54-S-5 LF 1 $ 3,200.00 $ 3,200.00 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN 54-S-5 EACH 9 $ 150.00 $ 1,350.00 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN 72-S-5 LF 3 $ 4,300.00 $ 12,900.00 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN 72-S-5 EACH 17 $ 170.00 $ 2,890.00 2506.516 CASTING ASSEMBLY EACH 4 $ 370.00 $ 1,480.00 2511.501 RANDOM RIPRAP CL III CY 24 $ 80.00 $ 1,920.00 2571.502 DECIDUOUS TREE 3'HT BR EACH 10 $ 75.00 $ 750.00 2573.502 SILT FENCE,TYPE HEAVY DUTY LF 210 $ 2.00 $ 420.00 2573.602 TEMPORARY ROCK CONSTRUCTION ENTRANCE EACH 2 $ 400.00 $ 800.00 2573.602 ROCK DITCH CHECK EACH 1 $ 500.00 $ 500.00 2575.501 SEEDING(FALL) ACRE 0 $0.00 2575.501 SEEDING(SPRING) ACRE 1.4 $ 115.00 $ 161.00 2575.523 EROSION CONTROL BLANKETS CATEGORY 4 SY 6534 $ 0.90 $ 5,880.60 2575.532 FERTILIZER TYPE 1 LB 162 $ 0.50 $ 81.00 2575.608 SEED MIXTURE SPECIAL(WINTER WHEAT) LB 0 $0.00 2575.608 SEED MIXTURE SPECIAL(BWSR U9 MIXTURE) LB 20 $ 20.00 $ 400.00 2563.601 TRAFFIC CONTROL LS 1 $ 500.00 $ 500.00 I TOTAL $ 70,253.60 3/15/2010 Page 9 of 9 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda March 23, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.G. Eugene A. Dietz, P.E. Award Contract for the 2010 Rotunda Public Works Metal Roof Replacement project Requested Action Move to: Award contract for the 2010 Rotunda Metal Roof Replacement project to Atomic Architectural Sheet Metal in the amount of$234,000. Synopsis The City of Eden Prairie Utilities Division opened sealed bids on March 2, 2010 for the replacement of the rotunda metal roof on the water treatment plant. The bid tabulation from the four contractors who submitted bids is attached. The bids were evaluated based upon a bidder's qualification rating system prescribed in the project specifications. The low bidder received 18 points in an evaluation system requiring 12 points to be qualified to perform the work. Staff therefore recommends that the project be awarded to Atomic Architectural Sheet metal in the amount of$234,000, which is approximately 40% of the engineer's estimate of$600,000. Background Information The water treatment plant roof has been leaking in various places for approximately 12 years. Despite multiple repair attempts, the leaks have persisted and have become much worse over time. Eden Prairie Utilities hired an independent consultant to evaluate the problem, who advised us that a complete replacement of the roof is necessary. The consultant discovered problems which are the result of the design and/or installation. As with the flat roof section that was replaced in 2009, staff is working with our attorneys to develop a proper foundation for pursuit of legal remedies for recovery of project costs. The project will be paid from the Utility Construction Fund. Attachment • Bid Tabulation Sheet • Contractor Qualification Point Summary • Bid Recommendation Letter Environmental Process, Inc. 715 Florida Avenue South,Suite 111,Golden Valley,MN 55426-1700 ; Fr Phone: 763-398-3040•Fax: 763-398-0121 •email: epimpls@rconnect.com•www.go-epi.com March 5, 2010 Mr. Eugene A. Dietz, PE Director of Public Works City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: City of Eden Prairie Water Treatment Plant 2010 Rotunda Metal Roof Replacement EPI Project No. 09-086 Dear Mr. Dietz: Environmental Process, Inc. (EPI) reviewed the Water Treatment Plant — 2010 Rotunda Metal Roof Replacement project work scope with Mr. Russel Schmitz of Atomic Architectural Sheet Metal and there were no questions. Mr. Schmitz indicated that they will be ready to start work per the tentative schedule. A detailed work schedule will be discussed in the preconstruction meeting. The anticipated Project Superintendent will be Larry Tapager and the On-Site Foreman will be Shawn Larson. Atomic Architectural Sheet Metal is based in Vadnais Heights, Minnesota. EPI has not directly worked with Atomic Architectural Sheet Metal in the past, but they were a subcontractor to Peterson Bros. Roofing for the City of Eden Prairie City Hall 2009 Roof Replacement Project in which their work was performed in a very professional manner. In reviewing the bidder questionnaire and qualifying project references, Atomic Architectural Sheet Metal has previously completed similar roof replacement projects successfully and on time. One of the references contacted indicated that Atomic Architectural Sheet Metal, Inc. is the only sheet metal contractor that they work with as they are the best. Atomic Architectural Sheet Metal received a rating of eighteen (18) points out of a maximum of twenty (20) points as in the bidder's qualifications rating system per the specifications. A minimum of twelve (12) points is required to qualify all bidders. Based on the review of project work scope with Atomic Architectural Sheet Metal, review of qualifying project references, and the fact that they are the low bidder and meet the requirements of contractor qualifications per the specifications we recommend awarding the project to them. EPI recommends that the base bid cost of$234,000.00 for the City of Eden Prairie Water Treatment Plant — 2010 Rotunda Metal Roof Replacement Project be accepted from Atomic Architectural Sheet Metal. City of Eden Prairie—Water Treatment Plant 2010 Rotunda Metal Roof Replacement EPI No. 09-086 Page 2 of 2 Please contact us if you need any additional information. Sincerely: ENVIRONMENTAL PROCESS, INC. rri•r4" •Z a: ie-"' Charles A. Lane, IFCTM, AIA, CID, PE, SE, CIH, CSP, LEED GA President/CEO 9,...e; e ,4,„ Denny R. Langer, PE Project Manager Copy: Steve Pitkanen, City of Eden Prairie Rick Wahlen, City of Eden Prairie Paul Sticha, City of Eden Prairie Marc Thielman, City of Eden Prairie Siira Gunderson, Gregerson, Rosow, Johnson & Nilan, Ltd. EPI File No. 09-086 Attachments: Recap of Bids Contractor Qualification Points Summary and Tables Qualifying Project References Phone Notes Contractor Qualification Points Summary City of Eden Prairie—Water Treatment Plant 2010 Rotunda Metal Roof Replacement (EPI No. 09-086) Atomic Architectural Sheet Metal POINTS Attendance of the Pre-Bid Meeting. 1 point Experience constructing a qualifying project 5 points within the last five years, to the satisfaction of the owner. • For each additional qualifying project 2 points under the above category. Experience of the assigned job superintendent 3 points in supervising construction of a qualifying project within the last five years, to the satisfaction of the owner. • For each additional qualifying project 2 points supervised by the superintendent that qualifies under the above category. Experience of the assigned job on-site foreman 3 points in supervising construction of a qualifying project within the last five years, to the satisfaction of the owner. • For each additional qualifying project 2 points supervised by the on-site foreman that qualifies under the above category. Failure to meet substantial completion date on 0 points deduct qualifying project without formal or informal approval of the owner. • Liquidated damages assessed or to be 0 points deduct assessed for failing to meet completion date. *TOTAL 18 Points *Minimum point total of twelve(12)points required. Page 1 Qualifying Project No. 1- Cattle Barn — State Fair MN (1418-1) Questionnaire Contracting Agency Verification Complete or substantially complete between 1/1/05 & 1/1/10? Yes Yes $300,000 construction cost? Yes Yes Include removal of an existing roofing material? Yes Yes Include installation of a new metal roof? Yes Yes Completed on time? — Yes Yes Liquidated damages assessed? _ No No Points Awarded (5): Points Deducted (2-5): 5 0 Total Points for Project No. 1: 5 Qualifying Project No. 2 — Swine Barn, State Fair MN (1469-) Questionnaire Contracting Agency Verification Complete or substantially complete between 1/1/05 & 1/1/10? Yes Yes $300,000 construction cost? Yes Yes Include removal of an existing roofing material? Yes Yes Include installation of a new metal roof? Yes Yes Completed on time? Yes Yes Liquidated damages assessed? No No Points Awarded (1): 1 Points Deducted (2-5): 0 Total Points for Project No. 2: 1 Page 2 Qualifying Project No. 3 — Sheep and Poultry Barn, MN State Fair (976-1) Questionnaire Contracting Agency Verification Complete or substantially complete between 1/1/05 & 1/1/10? Yes Yes $300,000 construction cost? Yes Yes Include removal of an existing roofing material? Yes Yes Include installation of a new metal roof? Yes Yes Completed on time? Yes Yes Liquidated damages assessed? No No Points Awarded (1): 1 Points Deducted (2-5): 0 Total Points for Project No. 3: 1 Qualifying Project No. 4 — River Crest Elementary (1382-2) Questionnaire Contracting Agency Verification Complete or substantially complete between 1/1/05 & 1/1/10? Yes $300,000 construction cost? Yes Include removal of an existing roofing material? No Include installation of a new metal roof? Yes Completed on time? Yes Liquidated damages assessed? No Points Awarded (1): 0 Points Deducted (2-5): 0 Total Points for Project No. 4: 0 Page 3 Qualifying Project No. 5 — Gander Mountain, Eden Prairie (1079-2) Questionnaire Contracting Agency Verification Complete or substantially complete between 1/1/05 & 1/1/10? Yes $300,000 construction cost? No Include removal of an existing roofing material? No Include installation of a new metal roof? Yes Include protection of the interior of the building during all work? Yes Completed on time? Yes Liquidated damages assessed? No Points Awarded (1): 0 Points Deducted (2-5): 0 Total Points for Project No. 5: 0 Qualifying Project No. 1 — Superintendent Contracting Agency Larry Tapager Questionnaire Verification Listed Superintendent was a prime contact for the project? Yes Yes Complete or substantially complete between 1/1/05 & 1/1/10? Yes Yes $300,000 construction cost? Yes Yes Include removal of an existing roofing material? Yes Yes Include installation of a new metal roof? Yes Yes Points Awarded (3) : 3 Points Deducted (2-5) 0 Total Points for Project No. 1 - Superintendent: 3 Page 4 Contracting Agency Qualifying Project No. 2 - Superintendent Questionnaire Verification Listed Superintendent was a prime contact for the project? Yes Yes Complete or substantially complete between 1/1/05 & 1/1/10? Yes Yes $300,000 construction cost? Yes Yes Include removal of an existing roofing material? Yes Yes Include installation of a new metal roof? Yes Yes Points Awarded (1) : 1 Points Deducted (2-5) 0 Total Points for Project No. 2-Superintendent: 1 Contracting Agency Qualifying Project No. 3 - Superintendent Questionnaire Verification Listed Superintendent was a prime contact for the project? Yes Yes Complete or substantially complete between 1/1/05 & 1/1/10? Yes Yes $300,000 construction cost? Yes Yes Include removal of an existing roofing material? Yes Yes Include installation of a new metal roof? Yes Yes Include protection of the interior of the building during all work? Yes Yes Points Awarded (1) : 1 Points Deducted (2-5) 0 Total Points for Project No. 3-Superintendent: 1 Page 5 Qualifying Project No. 1 — On-Site Foreman Contracting Agency Shawn Larson Questionnaire Verification Listed On-Site Foreman was a Foreman for the project? Yes Yes Complete or substantially complete between 1/1/05 & 1/1/10? Yes Yes $300,000 construction cost? Yes Yes Include removal of an existing roofing material? Yes Yes Include installation of a new metal roof? Yes Yes Points Awarded (3) : 3 Points Deducted (2-5) 0 Total Points for Project No. 1 —On-Site Foreman: 3 Contracting Agency Qualifying Project No. 2 — On-Site Foreman Questionnaire Verification Listed On-Site Foreman was a Foreman for the project? Yes Yes Complete or substantially complete between 1/1/05 & 1/1/10? Yes Yes $300,000 construction cost? Yes Yes Include removal of an existing roofing material? Yes Yes Include installation of a new metal roof? Yes Yes Points Awarded (1) : 1 Points Deducted (2-5) 0 Total Points for Project No. 2—On-Site Foreman: 1 Page 6 Contracting Agency Qualifying Project No. 3 — On-Site Foreman Questionnaire Verification Listed On-Site Foreman was a Foreman for the project? Yes Yes Complete or substantially complete between 1/1/05 & 1/1/10? Yes Yes $300,000 construction cost? Yes Yes Include removal of an existing roofing material? Yes Yes Include installation of a new metal roof? Yes Yes Points Awarded (1) : 1 Points Deducted (2-5) 0 Total Points for Project No. 3—On-Site Foreman: 1 Page 7 CITY OF EDEN PRAIRIE WATER TREATMENT PLANT 2010 ROTUNDA METAL ROOF REPLACEMENT EPI 09-086 RECAP OF BIDS Bid Due Date: Tuesday, March 2, 2010 Time: 10:00 AM CONTRACTOR BASE BID ADDENDUM BIDDER BID BOND AFFIDAVIT OF COMMENTS NO. 1 QUESTIONN NON- RECEIVED AIRE COLLUSION Atomic Sheet Metal S234,000.00 Yes Yes Yes Yes 3207 Labore Road Vadnais Heights, MN 55110 Berwald Roofing Company, Inc. $298,545.00 Yes Yes Yes Yes 2440 N. Charles Street North St. Paul, MN 55110 John A. Dalsin Roofing & Sheet $285,180.00 Yes Yes Yes Yes Metal Contractors 2830 South 20th Ave. Minneapolis, MN 55407 The Jamar Company S439,956.00 Yes Yes Yes No 4701 Mike Colalillo Drive Duluth, MN 55807 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 23, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.H. Sue Kotchevar, Office of the Approve 2009 Unbudgeted Fund Transfers City Manager/Finance Requested Action Move to: Approve 2009 unbudgeted fund transfers. Synopsis As part of the audit of the City's financial statements, the year-end unbudgeted transfer are summarized and reported to the City council. The City Council acceptance of the transfers is a recommended practice by the City's auditors. Attachments Transfer Schedule City of Eden Prairie Transfer Schedule 12/31/09 Transfer Transfer In Out Amount Explanation Opening/Closing Fund CIP Refunding Bonds 2009C HRA Lease Revenue Facility Bonds-Fire Station#1 98,109 Close debt fund and transfer to new debt fund Capital Improvement Maintenance G.O.Equipment Cert 2004 37,589 Close debt fund for fire truck Capital Improvement Maintenance Grant fund 3,768 Close grant fund that is currently not needed Fire Station Capital Improvement Maintenance Bond Fund 25,341 Close construction fund Parks Referendum Community Center Expansion 413,055 Close construction fund and move interest earnings to Park Referendum fund 3rd Sheet of Ice Park Improvement 357,711 Close construction fund and move deferred naming rights to Park Improvement Fund Historical and Cultural Cummins Grill Prints 8,317 Combine funds,both fund are for Cummins Grill House Allocation of Costs ADC Project Utility fund 25,000 Transfer the Utility fund's share of the construction costs ADC Project Storm fund 55,000 Transfer the Storm fund's share of the construction costs G.O. Improvement Bonds 2008B Flying Cloud Drive 154,000 Transfer the Improvement Projects 2006 Fund's share of assessments Pleasant Hills Cemetery Cemetery Perpetual Care 23,000 Transfer for capital improvements at the Cemetery Park Improvement Community Center Expansion 9,333 Transfer the Community Center's portion of the construction costs,correctin of coding CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 23, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.I. Eugene A. Dietz Approve amendment to "Grant of Public Works Easement Agreement" Requested Action Move to: Approve an amendment to "Grant of Easement Agreement" for Lot 1 Blk 1 Castle Ridge 2nd Addition. Synopsis The easement access agreement that was filed in conjunction with the Presbyterian Homes Project and the CVS Drug store provides that only the City can enforce the agreement on behalf of the parties. The attached amendment provides that all parties and their successor and assigns have the right to enforce the terms of the agreement. This modification is appropriate and staff recommends that the document be approved. Background Information The original easement agreement providing for cross access was drafted by the developer and it inadvertently limited the abilities of all parties to enforce the terms of access. This was not the intent of the approvals and can easily be corrected by adoption of the simple modification attached, which states: "Any party to this Grant of Easement Agreement, their successor assigns, shall have standing to enforce this agreement." Attachments • Grant of Public Access Easement as recorded • AMENDMENT OF GRANT OF PUBLIC ACCESS EASEMENT `(L 171 t 0 vr C GRANT OF PUBLJC ACCESS EASEMENT (Development Agreement No.20 and 25) This GRANT OF PUBLIC ACCESS EASEMENT is made as of this 8th day of May, 2008, by Presbyterian Homes Housing and Assisted Living, Inc., a Minnesota nonprofit corporation ("PHHAL"), 605 Prairie Center Drive, LLC, a Minnesota limited liability company j"PCD"), Jack and Carolyn Lehtinen, husband and wife (the`Lehtinens"), and the City of Eden Prairie, Minnesota("Grantee's. WITNESS THAT: WHEREAS,the PHHAL is the sole owner in fee simple of certain real property in Hennepin County, Minnesota,more particularly described on EXHIBIT A(the°PHHAL Property"};and WHEREAS, PCD and the Lehtinens (collectively,'PCDIL")are the sole owners In fee simple of certain real property in Hennepin County,Minnesota,more particularly described on EXHIBIT 1(the"PCD/L Property');and WHEREAS,the PHHAL Property and the PCD/L Properly are depicted on EXHIBIT D;and WHEREAS, PH HAL and PCD/L are willing to convey,and the Grantee is willing to accept,certain rights of ingress and egress over and across the PHHAL Property and the PCD/L.Property as depicted and legally described on EXHIBIT C(hereinafter the"Easement Areas"}for the use by the general public; NOW,THEREFORE,in consideration of the foregoing Recitals and for$1.00 and other good and valuable consideration, receipt of which is hereby acknowledged by PHHAL and PCD/L,the parties agree as follows: I. PURPOSE OF THE EASEMENT: 1. PHHAL and PCD/L hereby grant to Grantee,as nominee holder for the benefit of the general public,a non-exclusive easement(the°Easement")over the Easement Areas for the purposes and subject to the limitations described in this Agreement. This Easement shall be prior to and superior to any other easement. Any other easement shall be subject and subordinate to,and shall not Interfere with, the Easement without the consent,in writing,of Grantee. 2, The Easement is established for pedestrian and vehicular access by the general public within the Easement Areas. Pedestrian and vehicular use shall be limited to areas created as sidewalks and roads, respectively. Upon recording please return to: First American Title insurance Co. 1900 Midwest Plaza A, C:►Docnmmnts and D Wunrr inab[rdafframp!DOCo 801 Nicollct Mall GraaLaf PubNc}►cceas E xed seranmaa). Mier eapolis$MN 55402 /0 41" MEBB Doc"0.1587D5d.7 NCS MPLS(C/ 3. The Easement Areas shall consist of the areas depicted on the attached EXHIBIT 2. The location of the Easement Areas may be changed by PHHAL or PCD/L from time to time,with the written consent of Grantee. Any such changeahali be recorded in the land records of Hennepin County,Minnesota. II. RIGHTS OF THE GRANTEE: The Grantee shall have the following rights as holder of this Easement: 1. Inspection of Easement Area Grantee shall have the right to Inspect the Easement Areas and to enforce the covenants of the PHHAL and PCDIL and the rights of the Grantee by any action in law or in equity for the benefit of the general public. 2. Easement Runs with Land:Successors and Assigns This Easement shall bind and run with tide to the PHHAL Propertyand the PCDIL forever. 3. Termination/Modification This Easement may only be modified or amended by written instrument executed by PHHAL, PCDL and Grantee(or their successors in interest)and recorded in the land records of Hennepin County, Minnesota. III. COVENANTS OF GRANTORS AND IN FURTHERANCE of the foregoing affirmative rights, PHHAL and PCDIL make the following covenants,on behalf of tthemselves, their heirs,successors and assigns,which shall run with and bind the PHHAL Property and the PCDIL Property in perpetuity; 1. PHHAL and PCD/L shall maintain their respective portions of the Easement Areas in safe and serviceable condition. 2. Except as provide in III 3. below,PHHAL and PCDIL shall not obstruct right of passage on the Easement Areas by the general public. 3. With the consent of Grantee PHHAL and PCDIL may limit public access and use of all or any portion of the Easement Areas from time to time by appropriate means as necessary for purposes of repair,maintenance, replacement,or relocation of the Easement Areas.or for health and safety emergencies. C:1Documems grid saitings1 acebankApprcagon DePawummingana►D Teinpwocs-,587054.1r- e .oLlfratcoessj . snaer.oac MEBB Doc no.587054.1 L - - • • IV. GOVERNING LAW • This Easement shall be governed by and construed in accordance with the laws of the State of Minnesota. If any provision of this instrument, or portion thereof, or the application thereof to any person or circumstances, shall, to any extent be held invalid, inoperative or unenforceable, the remainder of this instrument, Or the application of such provision or portion thereof to any other persons or circumstances, shall not be affected thereby; it shall not be deemed that any such invalid provision affects the consideration for this instrument; and each provision of this instrument shall be valid and enforceable to the fullest extent permitted by law. V. GENERAL PROVISIONS: 1. If any provision of this agreement is found to be invalid, the remainder of its provisions shall not be affected thereby. • 2. Any notices required in this Easement shall be mailed to the Grantee at the following address or such other address as may be hereafter specified in writing: Department of City Manager City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 3. No person or entity other than the Grantee shall have any right or standing to enforce this Agreement. I I 4. Nothing contained in this Easement shall be deemed to be a gift or dedication of any portion of the Easement Areas to the general public or for any public,use or purpose whatsoever, except as specifically described herein, it being the intention of the parties hereto and their successors and assigns and that nothing in this Easement, expressed or implied,shall confer upon any person, other than the parties hereto and their successors, assigns or grantees, any•rights or remedies under or by reason of this Easement. 5. This instrument may be executed in several counterparts, each of which shall be deemed an original, and all of such counterparts together shall constitute one and the same instrument. k I . h C:1laocumenta and Se ttingslajacobaolApplication Del HummingbirchOM17emplOOCS-At5S705a-v1- Grant of Public Access Ease nentifrom_J $everdnae).DOC MEDB Doc no.587054.1� L�� 2 TO HAVE AND TO HOLD unto Grantee, as nominee holder for benefit of the public. IN WITNESS THEREOF Grantor and Grantee have set their hands on the dill/and year first above written. PRESBYTERIAN HOMES HOUSING 605 PRAIRIE CENTER DRIVE, LLC AND ASSISTED LIVING, INC. By By Mark Meyer Its Chief Financial Officer Its Jack Lehtinen Carolyn Lehtinen State of Minnesota ) ) ss. Hennepin County ) The foregoing instrument was acknowledged before me this" day of , 2008, by Mark Meyer the Chief Financial Officer of Presbyterian Homes HoLisi g and Assisted Living, Inc., a Minnesota nonprofit corporation on behalf of said corTo lion. _Ape i ram" I . PATRICIA M.LARSON Notary ubl'ro Notary Public-Minnesota. • aeyaomn,l.aio„Endros rp,at.MO My commission expires C.\Documenta and SettingstplaraanApplicatlan ClataWummingbin 113411Temp10005-i1b87a5a-$0t-' Grant_of Publie_gtxess_Easement {from_._Se►reranoey.000 MESS Roc no 587054.1 i I ` TO HAVE AND TO HOLD unto Grantee, as nominee holder for benefit of the public. - IN WITNESS THEREOF Grantor and Grantee have set their hands on the day and year first above written. PRESBYTERIAN HOMES HOUSING 605 PRAIRIE CENTER DRIVE, LLC AND ASSISTED LIVING, INC. By B Its Its 4/ , Jack Lehtinen Carolyn Lehtinen State of Minnesota ] I i } ss. Hennepin County } The foregoing instrument was acknowledged before me this day of 2008, by Mark Meyers the Chief Financial Officer of Presbyterian Homes Housing and Assisted Living, Inc., a Minnesota nonprofit corporation on behalf of said corporation. Notary Public My commission expires • C.CocumenFs and Setl'ingslajacabao Application DataWummingbIrdIL MlTemploOCS-4587o5d-v7- Grant_of_Public Access_Easement_ifrorn JSeverance).OQC MEI38 Doc na 587054.1 I TO HAVE AND TO HOLD unto Grantee, as nominee holder for benefit of the public. IN WITNESS THEREOF Grantor and Grantee have set their hands on the day and year first above written. PRESBYTERIAN HOMES HOUSING 605 PRAIRIE CENTER DRIVE, LLC AND ASSISTED LIVING, INC. By By Its Its • dp,„ Jack r` tinen Carolyn Lehtinen State of Minnesota ) )ss. Hennepin County ) The foregoing instrument was acknowledged before me this day of 2008, by Mark Meyers the Chief Financial Officer of Presbyterian Homes Housing and Assisted Living, Inc., a Minnesota nonprofit corporation on behalf of said corporation. Notary Public My commission expires C.1Docments and SeWngslajacnhsolAppkce/ion DataHummingbirdlDMlTsnrpOoCS-#587054-v1• Grant_of Public Access Easement ynarn_J,,,,3everence),DOC MESS Doc no.587054.1 4 r CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Califo fie County of ' I U� r' On r ' A� � inCli ,2008,before me, [ 1.'} 31 a ('C a W€ ,c ,, Date dame,Title of Office personally appeared G.Larry Mikan —OR- e proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in OFFlCUIL SEALhis authorized capacity,and that by his signature !h t WAYANN OUEHF.00 on the instrument the person or the entity upon PUBLIC-CALIFORNIA COMMISSION#11385596 behalf of which the person acted,executed the SAN PIEGO COUNTY instrument. MY Commission Imo.August is,4010 ITNESS my hand and afft ' l-seal. (Seal) tie2A4 C:1Oocurnents and SettingslajacobsotApp}lcaiion DatalHUn mIngbirdtt3M\Tamp![3QCS-#557054-vt- Grant_of Public Access Easement_ifrom_J ,Severance).DOC MEBB Doc no.687054,1 S i State of Nevada } ss. County of C The foregoing instrument was acknowledged before me this ,5— dayof May200 Jack Lehtinen, spouse of Carolyn Lehtinen. $. by rp •-, NOTARY PUMICR STATE OF NEVADA �•c~�" COUNTY OF CLARK APPT.No.07.26110-1 Notary Public MY APPT,EXPIRES MARCH 13,2011 My commission expires 03-i 3-z o�1 State of Nevada y County of G[ark )ss. y The foregoing instrument was acknowledged before me this 5 day of 2008, { by Carolyn Lehtinen, spouse of Jack Lehtinen. ATOGRSAFARI-AN NOTARY PUBLIC-STATE OFE NEVAOA COUNTY OF CLARK l ` 600 Notar y Public► MAPPAPPIoSM-A2RCH18. 20T 1 My commission expires 03- l 3-2011 C:IDacurnents and sedIngslajaoobsolAppllaadon OatalHWrmingbindlDMiTempIDOCS-#5870541-Y1- Grant of Public Access_Easemenr (Fram_J_5everenoo),DOC MER f3 Doc no,587054,1 riP ACCEPTED THIS DAY OF MAY, 2O08. CITY OF E EN PRAIRIE, MINNESOTA By its and its y *gal State of Minnesota ) ss. Hennepin County ) • The foregoi instrument was acknowledged befv me this [O day of, O 200 ►'/ 541./ and d7't ff -Wet.I the �'f alar and G' on 9 e#- , respectively, of the City of Eden Prairie, Minnesota, a Minnesot municipal corporation, on behalf of said corporation. • r.y KATHLEEN A.PORTA 'h This instrument drafted by: . EDEN PRAIRIE CITY CLERK Janna R. Severance, Legal Counsel '' i NOTARY PUBLIG.MINNESOTA My Commission Expires ran.31,20t0 Presbyterian Homes and Services 2845 Hemline Avenue North Roseville, MN 55113 I‘ep-naslkpartailAttarneylPresbyterian Ucmes1Grent of Put IIc Access Easement 2008 05 0aDOC MESS Dec no.587054.1 t I EXHIBIT A PHHAL owns Outlet A, Castle Ridge 2nd Addition, Hennepin County, Minnesota 1 C:ldocurnents and Sett 5ett1ng5lajo otrsowpp on Da a mingbird1DM11remp1DoC3-#587054-v1- Grant_of PubSc Aocess_5asement(Tnom J Severanc4).D00 MEBB Doc no.587054.1 • • • EXHIBIT B PCIQIL owns Lot 1, Block 1, Castle Ridge 2`d Addition, according to the recorded plat thereof 1 C:1Dacumenis and SettSngslajacobsalApplicstivn OgtaWurnmingbtrdlOMlTamplOaCS4557054ei- Granr of Pubicjiccess Easement Drom..J_Severanse),DOG MEBB Doc no.587054.1 • Y I • • 1- I • EXHIBIT C Depiction and Description of Easement Areas � E I See Attached Graphic i • I - I C:1Docurnenta and Settln alajacobsolA g pplicetinn DataWumminghirdlOMlTemplpOC,S4.5$7054-vS- Grantof Public Access EasamenUfrom_.! Saverance).DOC MEBB Doc no.587054.1 . . _—__. . . 17, 1� 4 S vzocls Wetteced Fairyland Swarm lea. PUBLIC ACCESS EASEMENT LEVAL QleSCamA17 ri F Iii That port of a 6&Oa foot wide easement fa access OF purposes lying Over. under and across that part of Lat T. • NOR NINES:Mkt', Block 1. and Outfot A.CASTLE RIDGE TND ADDITION. LIME OF LOT I `. Hennepin County.Minnesota,eecardhg to the recorded plot thereof. the centerline of said easement is described as s Ito Y$�. �� `.r r.-MQRSHEIIST COpNER Canlmemhg a! the naYlhCaat comer of laid Douai J4 t it$T1 E RIDGE �b IIDOP710H; thence sduHlweete 1T c ab Pr. ,b dF UVTLPT A distance of 30.21 ►etl along the northwest Una Of 5'. sold Outiat A to the print of beginning of the ppq� Centedlne to described; thence South 4$ dagreaa 38 - 40 `•; minutes 55 seconds Lost o dtstnnae of 24.40 feet r l0/^� thence southeasterly a dstance of$1.65 feet along a 3 longential curve concave to the sodtbwete haring b di• raiders of 100.00 feat and o central arn�e at 35 O<<<y degrees I9 minutes 14 sacand% thence South 13 ' , .rs�, �' degrees 19 orrice +r seconds East o distance of > 8&73 feet: thence Beathsasteni 0 ' ' v� . .$w e - krJ�v�h fest along a tangential Curve Aonaa.e two peel 6+.7+ �. ; , 17!'.Y- northeast having a radius of 115.34 feet and a carrtral if `; Y.., {^ 'It 'moo of 31 degreee 5+minutes e0 esceads; thence q - - l South 45 degrees ii minute' 22 meconde East a v \18 �. 1 distance of 87.23 feel to the.intersection of the iiifi. r - r ' awlhwpterty eateasien of the south roe of Lot 1, 4 rORO-1t1ESTERt*-•" '' x ^ said CA511e AI17t;E A001Tf0H,oral !!taro LINE t)F W1LOT A u n.rslerrninotleg.�� :.CT+ r Together with o a feat h width ',frig norrtheaetaiy.of and djoYung the above described I eh* and lying between the northwest fins of sold Lot r t ay. I and a ante drawn of a right ongle to sold center .. fcb the front a paint thereon distant 86.05 feet •�� (` f sorehaapbriy Pram the point of beginning as measured y - f� dan4 sold oantalfure. \, + The sidelines of add strip ore to be prolonged or ehortined to terminate of the nc thwestexly ales of paid Lott and • Out A and the southweateriy extension of the earth line "I+rr nr . e of seal Lot 1. LJLJ l L.V! ri u �r 1tEDUE57E}7 sr I'1 C h� L9at1 lyr LOT I H 1 PIrosbytorlan !'ffRMO* � ,Z . �r . r4ytwt.rrrose!•+mee air � ~ SOUTWeeSTERLY- egrs saucer • nVt4tRteq Maki 141114541M 97lihtt etocei Of LOOf T 11 M Scale: 1S do/fef Down 61r . I aala• 4 4o 1 u; — s' .03 T 7 77a0dr;i.I.a39lF0l.011C _ .. . _ . . _. . 2005....ttio.d Prvta.;wtd Senkew.r►r. n . E fi . kR ! i � n t OWNERSHIP SKETCH I • . a ' IwioUri_U . . _1,, amiiIIIIIIIIIHII i!Ril!!!lim ■IHIHIIIi1111IIIIIL =IHIIIlh1IIIf lIIIIII[ � .rimeiwiRRfitliiiiRii!!. ■ ..iEksir . l w 1IH1i«13IIIIIII. somm 111111111uuuuifuuIn1uu ' , W. ri l ff11, I t}!ii!!R!!i!!!!i .r 1i!!!liii vow Ei O 1 lt ._ 1 \ \ 4)I ROAD —. — _ — Imam REMESFED Ere ,IEffs II1::IM :: Si 'OS Prairie Center aHvelLehtlaen 1...uu:I:I: tPCDILI Presbyterl8n Homes inlililiatt —+=mmmulierk--m....— W � • rrwr rr iewbbee NNW lailmiwi ! Sack 11 100 WMUum IWIEWM Presbytsrlan Homes Housing and Assisted Living Inc. wwa.uaa ___ PPHHALI ( t Mir"byc NHL I ck" 4J22/08 f s 24d.03 L al.% a..+wrr • 11111111111 Doc No 4497110 05/16/2008 04:00 PM Certified filed and or recorded on above date: • Office of the Registrar of Titles Hennepin County,Minnesota Michael H. Cunnirf, Registrar of Titles TransiD 308256 Deputy 26 New cart Cert Fees 1222142 • $1.50 AF 1222143 $10.50 STATEFEE $54.00 TDOCFEE $0.00 TS[JR 566.00 Total 1 I r • AMENDMENT OF GRANT OF PUBLIC ACCESS EASEMENT THIS AMENDMENT OF GRANT OF PUBLIC ACCESS EASEMENT is entered into as of this day of , 2010 by and between Northern Holding IV, LLC, a Minnesota limited liability company ("Northern"), 605 Prairie Center Drive, LLC, a Minnesota limited liability company ("PCD"), Clark Investment Properties, Inc., a Minnesota corporation ("Clark"), and the City of Eden Prairie, a Minnesota municipal corporation("Eden Prairie"). RECITALS: A. The parties above referenced intend to amend that certain Grant of Public Access Easement dated May 8, 2008, filed May 16, 2008, and recorded as Document No. 4497110 in the office of the Hennepin County Registrar of Titles, a true and correct copy of which is attached hereto as Exhibit A("the Grant of Easement"). B. Northern is the successor in interest to Presbyterian Homes Housing and Assisted Living, Inc., a Minnesota nonprofit corporation, as to the property described in Exhibit A in the Grant of Easement. C. Clark is the successor in interest to the interest of Jack Lehtinen and Carolyn Lehtinen as to an undivided one half interest in the property described in Exhibit B in the Grant of Easement. D. PCD remains the holder of its interest in the property described in the Grant of Easement. E. All of the parties hereto wish to amend the Grant of Easement to provide that it can be enforced by any party to the Grant of Easement, their successors and assigns. IT IS AGREED: 1. Article V, Section 3 of the Grant of Easement is hereby amended in its entirety to read: "Any party to this Grant of Easement Agreement, their successors or assigns, shall have standing to enforce this agreement." 2. Except as herein amended, the terms and conditions of the Grant of Easement shall remain the same. [Signatures and Acknowledgments on the Following Pages] 121255962v3 894298 65621 AMENDMENT OF GRANT OF PUBLIC ACCESS EASEMENT SIGNATURE AND ACKNOWLEDGMENT OF NORTHERN HOLDING VI,LLC Northern Holding IV, LLC By Its Chief Manager State of Minnesota ) ) ss. County of ) The foregoing instrument was acknowledged before me this day of , 2010 by , the Chief Manager of Northern Holding IV, LLC, a Minnesota limited liability company, on behalf of the limited liability company. Notary Public 2 121255962v3 894298 65621 AMENDMENT OF GRANT OF PUBLIC ACCESS EASEMENT SIGNATURE AND ACKNOWLEDGMENT OF 605 PRAIRIE CENTER DRIVE, LLC 605 Prairie Center Drive, LLC By Its Chief Manager State of Minnesota ) ) ss. County of ) The foregoing instrument was acknowledged before me this day of , 2010 by , the Chief Manager of 605 Prairie Center Drive, LLC, a Minnesota limited liability company, on behalf of the limited liability company. Notary Public 3 121255962v3 894298 65621 AMENDMENT OF GRANT OF PUBLIC ACCESS EASEMENT SIGNATURE AND ACKNOWLEDGMENT OF CLARK INVESTMENT PROPERTIES,INC. Clark Investment Properties, Inc. By Bruce Clark Its President State of Minnesota ) ) ss. County of ) The foregoing instrument was acknowledged before me this day of , 2010 by Bruce Clark the President of Clark Investment Properties, Inc., a Minnesota corporation, on behalf of the corporation. Notary Public 4 121255962v3 894298 65621 AMENDMENT OF GRANT OF PUBLIC ACCESS EASEMENT SIGNATURE AND ACKNOWLEDGMENT OF CITY OF EDEN PRAIRIE City of Eden Prairie By Its Mayor and Its City Manager State of Minnesota ) ) ss. County of ) The foregoing instrument was acknowledged before me this day of , 2010 by , the Mayor and , the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public This instrument was drafted by: Hinshaw& Culbertson LLP (RAW) 333 South Seventh Street Suite 2000 Minneapolis, MN 55402 (612) 333-3434 5 121255962v3 894298 65621 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda March 23, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.J. Rick Wahlen Approve Contract with Bergerson Public Works/Utilities Caswell, Inc. to Upgrade Municipal Well No. 8 Requested Action Move to: Approve a contract with Bergerson Caswell, Inc., municipal well drillers, to perform flow restoration maintenance on Well No. 8, install a larger motor, pump, and additional well pipe, to improve the performance for summer-time water demand. Synopsis The City of Eden Prairie Utilities Division obtained proposals from two pre-qualified municipal well drillers for the improvement of water flow from City Well No. 8 located at 7200 Edenvale Boulevard. Staff recommends acceptance of the proposal from Bergerson Caswell, Inc. in the amount of$33,854 to be paid from the water utility construction fund. Background Information Municipal Well No. 8 is the third least productive well among our 15 producing water wells. Positive improvements in performance were achieved in our worst performing wells - Well No. 9 (2008) and Well No. 2 (2009), by making the same type of improvements we propose for this well. Over time as additional wells were added, and more and more water was withdrawn from the aquifer, regional influence on the pumped water level during the summer irrigation season diminished the performance of the this well as it . Despite being inspected and serviced on a 5- year rotation schedule, Well No. 8 has been degrading in performance as a result of the decline in water levels in our groundwater source—the Jordan Aquifer. Over the last two years in consultation with St. Croix Environmental, Inc. and Advanced Engineering & Environmental Services, we performed similar well modifications to Wells No. 9 and 2, and improved the performance of the wells by as much as 100% at critical times of the year. By making these relatively low-cost improvements to Well No. 8, the mechanical performance of the system can be improved and the capacity will be greatly increased - a viable alternative to drilling a new well at a fraction of the cost. Attachment • Recommendation Letter with Proposals (StCrob Environmental Inc. Erw o...m..,Fenno„ February 25, 2010 Mr. Rick Wahlen Manager—Utility Operations City of Eden Prairie 14100 Technology Drive Eden Prairie, Minnesota 55344 Subject: Contractor Recommendation 2010 Well Rehabilitation Program Dear Mr. Wahlen: St. Croix Environmental, Inc (SCE) has reviewed proposals submitted to the City of Eden Prairie (City) from two pre-qualified drilling contractors relative to the 2010 well rehabilitation program. The scope of services requested relates to rehabilitation of Well 08, including deepening the pump setting by 60 feet; reconditioning the downhole assembly; and replacement of the pump and motor. These modifications are identical to the Well 09 rehabilitation project from two years ago, and are designed to improve the water production from this well during the summer months by an additional 300 to 400 gallons per minute. The cost estimates associated with each contractor's proposal are summarized as follows: Contractor Quote E.H. Renner and Sons, Inc. (includes new motor) $39,716.00 Bergerson-Caswell, Inc.(includes new motor) $38,204.00 Bergerson-Caswell, Inc.(includes reconditioned motor) $33,854.00 Each of the proposals meets the minimum requirements for performing the requested scope of work, including adherence to the City's General Conditions and Insurance requirements. SCE recommends retaining Bergerson-Caswell, Inc. to perform the work. Bergerson-Caswell has indicated that they can complete the requested scope of work on or before May 31, 2009, regardless of whether the City selects the new or reconditioned motor option. Electronic copies of the quotes are attached. If you have any questions or concerns, please contact me directly at(715)441-9933. Sincerely, St. Croix Environmental, Inc. Kevin J. Miller, P.G. President, Principal Consultant Attachment A — Quotes from Renner and Bergerson-Caswell E.H. Renner & Sons Incorporated ELL DRILLING FOR FIVE GENERATIONS 15688 Jarvis Street NW*Elk River, Minnesota 55330 Phone(763)427-6100 * Fax(763)427-0533 * Toll Free(800)-409-WELL February 24, 2010 St. Croix Environmental, Inc. Kevin Miller City of Eden Prairie 1094 Golden Oak Drive Hudson, WI 54016 Subject: Quote to Repair Well No 08 205' of Column removed - 265' of Column to be installed Description Qty Units Price Extension Pick Up Pump at Maple Plain 1 L.S. $ 300.00 $ 300.00 US Motor 125 Hp Inverter Duty Type RUSI 1 Ea. $9,000.00 $ 9,000.00 Recondition Head, Sandblast, paint and new pack box bushing 1 Ea. $ 125.00 $ 125.00 Headshaft 1-1/2" 1 Ea. $ 422.00 $ 422.00 Column .375 T&C, 12" x 10' 7 Ea. $ 748.00 $ 5,236.00 Column .375 Flanged, 12"x 10' Ea. $1,258.00 $ - Column .375 T&C, 12" x 5' (To Bowl) 1 Ea. $ 515.00 $ 515.00 Column .375 Flanged x Flange 12"x 5'(To Bowl) Ea. $ 772.00 $ - Factory Epoxy Coat Column 12" x 10' 7 Ea. $ 390.00 $ 2,730.00 Factory Epoxy Coat Column 12" x 5' 1 Ea. $ 201.00 $ 201.00 Sandblast& Epoxy Coat Column (Renner Shop) 195 L.F. $ 4.50 $ 877.50 Lineshaft .416 Stainless Steel 1-1/2" x 120" T&C 6 Ea. $ 318.00 $ 1,908.00 Shaft Sleeves 1-1/2 x 1-11/16" 6 Ea. $ 44.00 $ 264.00 Retainers with Bearings 6 Ea. $ 169.00 $ 1,014.00 Clean Spider and F&I New Bearings 3" x 1-7/8" 21 Ea. $ 25.00 $ 525.00 Bolts 7/8" x 4" Stainless Steel (12 Bolts & Nuts/Flange) 276 Ea. $ 5.25 $ 1,449.00 Pipe 1" Sch 80 PVC Drop Pipe with cap, and drilled. 260 L.F. $ 1.00 $ 260.00 KPSI Water Level Transducer 1 Ea. $ 883.00 $ 883.00 Cable for KPSI Unit 260 L.F. $ 1.81 $ 470.60 KPSI Bellows 1 Ea. $ 51.00 $ 51.00 Gould 14RJLC -4 stage, 1450 GPM at 280'TDH 12" Thrd x Bell Suct 1 Ea. $7,186.00 $ 7,186.00 Includes: Stainless Steel Bolts 1 L.S. $ 206.00 $ 206.00 Stainless Steel Collets 1 L.S. $ 470.00 $ 470.00 Option: Bronze Wear Rings 1 L.S. $ 813.00 $ 813.00 Dynamic Balance Impellers L.S. $ 606.00 $ - Factory Epoxy Coating of Bowl NSF Tnemec 140 8 mills L.S. $ 633.00 $ - Non Whitness Certified Bowl Performance 1 L.S. $1,675.00 $ 1,675.00 Misc. 1 L.S. $ 60.00 $ 60.00 Disinfect Well and Pump 1 L.S. $ 75.00 $ 75.00 Reinstall Well Pump No 08 - 260' x 12" Flg x 1-11/16" Shaft 1 Ea. $2,700.00 $ 2,700.00 Start up Demonstration testing and inspection 1 L.S. $ 240.00 $ 240.00 Balance Pump and Motor if Required L.S. $ 500.00 Misc. 1 L.S. $ 60.00 $ 60.00 Complete O&M manuals included. Total $39,716.10 If you need additional information or have questions, I can be contacted at my office 763-427-6100 or on my cell phone at 651-755-3200. Sincerely Jerry Aljets Project Manager E.H. Renner&Sons, Inc. PIA Bergerson - Caswell Inc. 5115 Industrial Street Maple Plain, MN 55359 BERGERSON-CASWELL (763) 479.3121 Fax: (763) 479-2183 1N R I' R f1-I-I'.[7 December 7,2009 ST. CROIX ENVIRONMENTAL CITY OF EDEN PRARIE Attn:Mr.Kevin Miller Attn:Rick Wahlen 1094 Golden Oaks Drive 8080 Mitchell Road Hudson,WI 54016 Eden Prairie,MN 55344-4485 RE: CITY OF EDEN PRAIRIE WELL#8 Dear Gentlemen; Bergerson-Caswell Inc.Appreciates the opportunity to assist you with your well and pump needs. Below is a breakdown of the current conditions we uncovered at well#8,with a complete breakdown of the pump installation components and materials that were removed. Following the information that was obtained during the pump removal is a complete itemization of the materials we recommend replacing at this installation along with the other services that should be performed to replace the pump and optimize this well to its most efficient point annually, while maintaining and providing the most available water without major modifications to the current electrical equipment. We were told that this well is operated at 1400 gpm during most of the year and controlled by slowing the VFD down, but as the peak pumping season arrives the flow rate drops off and can't maintain 1,100 gpm. Your records indicated this well has been extensively redeveloped and several hundred yards of sand stone removed. Prior to removing the well pump we tested the installation and well for capacity and discovered the well is currently capable of producing 2,000 gpm @ 2ppm sand and 1,800 gpm @ 1 ppm on 11-12-09. The quantity of sand is considered sand free from pump manufacturers and the Minnesota Department of Health(MDH)for a public water supply well. Below is the current information we obtained. WELL#8 INFORMATION:Unique#424925,Drilled 1987 30"casing to 316' and open-hole from 316' —391' The Current Well Depth=370' and therefore is filled in with 21' of sandstone. The Jordan aquifer is located between 302' and 389' (area water is drawing from)normally when the aquifer is filled by nearly 22%we would recommend removal of this material,but based on the history of past development the amount of sand material that has been previously removed and the fact that this well was sand free while being test pumped at 2,000 gpm and normally operated at 1200 — 1400 gpm. We would leave the fill in place and continue to operate the well and maintain future records of this level during the next maintenance removal project. If you would rather clean this material from the well I would estimate the development procedure to remove this fill at $30,000 - $40,000, and again it may not affect or change the performance of the well pump. By monitoring the fill elevation when the pump is removed and the sand content during well house visits while the pump is operated,we can make the best informed decision on an acceptable fill level for future maintenance projects. The current SWL = 65', but the original well log indicated a SWL = 70',this may be a result of seasonal fluctuation in water levels. WELL PUMP INSTALLATION INFORMATION Bergerson-Caswell Inc. 5115 Industrial Street • Maple Plain,MN 55359 Telephone: 763-479-3121 Fax: 763.479 - 2183 E-Mail: info@BergersonCaswell.com Equal Opportunity Employer/Contractor Motor: US 125 Hp/460 volt/3 ph/ 1185 rpm/VHS w/NRR/rated 154.5 FLA @ 460 volt Frame size is 445TPWPI Current insulation test results 1,000 MEGG Ohm's(this is normal) Dimensions: Coupling height 42.75"Base Diameter 16.5" Hub size 1.5" Your motor was delivered to the treatment plant **Note** This motor is a main component that requires replacement for our recommendation. We would like to increase the operating speed of this installation to improve the control and flexibility of the seasonal water level changes. The current replacement VHS Motor that is premium efficient is the US electric motor model #BF71 or Catalog#H0125V25SLG. Discharge head: Layne TF1218: 12"drop pipe X 12"(125 lb)discharge flange x 20"motor base flange This discharge head & the packing gland assembly can be rebuilt and reconditioned to as new. It already has the proper access ports for water level monitoring. We propose to Sand Blast and epoxy coat the entire discharge head, as well as disassemble and reassemble the pack gland, replacing the bearing, grease zerk, and packing. Column Assembly: 205' of 12" sch40 flanged pipe, 1.5" Stainless steel line-shafting with 1-11/16" shaft sleeves all the flange bolts were standard carbon steel and we would recommend replacing these bolts with Stainless steel bolting so there is less corrosion. ** The pipe is in fairly good shape, but (1) 10' section is corroded fairly deep and should be considered for replacement. We recommended extending the pump setting 60' and epoxy coating the new sections as well as clean and touch up the existing sections before reinstalling. ** The shafting has been sleeved on both ends. This was probably perform because of the previous sand pumping problem. The original sleeves should have been removed before the second or replacement sleeve was installed, because when a shaft is sleeved at both ends it become extremely difficult to remove one without damaging the shaft as well it requires additional time to remove it. All this being said we can clean and straighten the existing shafting and re-use it without removing any of the sleeves,because the shafts all have one good end that is not sand cut or damaged. The spider bearing assemblies are manufactured from 12" Bronze with 3" bodies. They are all in good shape but should be sandblasted and replace the insert bearing on each one. There were 276 Flange bolts 7/8"x4"that need replacement on the existing column sections,because they where standard grad 8 bolts. We recommend replacing these bolts with Stainless Steel bolts to minimize corrosion. The Pump Assembly: is a Layne 15 CHC 4 stage, the bowl has a suction bell (no tail pipe) and was originally designed for 2,100 GPM @ 160' TDH, 84%eff. Or 1,400 @ 200' TDH 78%ef£ This pump shows normal signs of wear but to accommodate our initial recommendation this component needs to be replaced also. ** We propose to replace this pump with a Goulds 14 RJLC4 stage designed 1,450 Gpm @ 280'TDH, 83% efficient. This proposed pump will also allow for additional flexibility in the changing water levels by utilizing the additional head while still maintain flow demand of 1,200- 1,400 GPM year round. The proposed pump will be manufactured with bronze replaceable wear rings fro each stage, Stainless Steel lock collets, and Stainless steel cap screws and epoxy coated. The following is a cost estimate for our recommendations to replace and recondition this installation. PROJECT COST Pump Bowl;Goulds 14 RJLC 4 stage bowl,designed 1,450gpm @ 280'TDH $7,875.00 Motor,US Premium eff. 125 Hp,model#BF71, 1760 rpm $8,850.00 60' of 12"column Added to setting @$1,500.00/10'section $9,000.00 Other Replacement parts: 22 each Neoprene bearings @$25.00/each $ 550.00 Recondition Discharge head&Packing Gland $ 350.00 Head shaft $ 600.00 (1)each 12"x 10' T&C column sections @$900.00/each $ 900.00**Item questionable** Machine 12"x 5' column section @ 325.00 $ 325.00 260' of 1"poly water level monitoring tube $ 260.00 (276)each 7/8"x4"SS bolts and nuts @$6.50/each $ 1,794.00 Shop labor to clean&straighten shafting,sandblast spider bearings, Discharge head,and column painting;Estimate 40 hrs @$75 $ 3,000.00 Item 6)Reinstallation of well pump#8 $ 2,000.00 Item 7)Well&Pump Disinfection $ 250.00 Item 8)Demonstration testing: 6 hrs @$150.00/hr $ 900.00 Item 9)KPSI pressure transducer for water level monitoring w/260' installation cable $ 1,550.00 TOTAL COST PHASE II $ 38,204.00 The above total should include all field and shop labor to replace listed components, and recondition remaining items. It is the bidder's responsibility to inspect our current pumping equipment and verify all needed repairs and materials match the items listed above and the total project amount will reflect a complete working installation at a fixed bid price. Any incidental to the operation and performance will be provided at the contractor's expense. Cleaning & painting components that are intended for reinstallation and use in well pump #8, must meet City of Eden Prairies standards&inspection at time of installation. It is the contractor's responsibility to inspect this pump before bidding at 5115 Industrial Street,Maple Plain,MN 55359. Contact Tim Berquam @(763)479-3121 or(612) 369-3652 to schedule an appointment,or Kevin Miller at(715)381-5701 or cell(715)381-5701. Enclosed are copies of the installation removal report, video inspection report, as well as the pre-removal performance testing. If you have any questions on the information above,require other information, or would like to discuss the project, please do not hesitate to contact us at(763)479-3121 or cell#(612)369-3652. Sincerely; BERGERSON CASWELL INC. Tim D.Berquam Project Manager Bergerson - Caswell Inc. ® 5115 Industrial Street - Maple Plain, MN 55359 BERGERSON-CASWELL (763) 479.3121 Fax: (763) 479-2183 1N CI Ft P it I-I=.17 November 25,2009 ST. CROIX ENVIRONMENTAL CITY OF EDEN PRARIE Attn:Mr.Kevin Miller Attn:Rick Wahlen 1094 Golden Oaks Drive 8080 Mitchell Road Hudson,WI 54016 Eden Prairie,MN 55344-4485 RE: CITY OF EDEN PRAIRIE WELL#8 Dear Gentlemen; Bergerson-Caswell Inc.Appreciates the opportunity to assist you with your well&pump needs.We have tested the performance of the well and pump,removed the pump installation,video investigated the well and inspected all your pumping equipment. Enclosed are all the related documents for the services we provided. Based on what we discovered we recommend changing the motor and pump speed from 1200 rpm to 1800 rpm. This will allow for a greater fluctuation in the varying flow rates with the seasonal changes in water levels you have been experiencing. Bergerson Caswell Inc recommends changing the pump and motor,and deepening the pump setting to accommodate these changes. This will not change any of the pump house electrical components, but will require minor modifications to your VFD/ SCADA program. Below I have broken down the anticipated project costs based on reusing the column components of the pumping equipment,and replacing the pump as stated. I have split the project into two phases that separate the investigation portion of the project and the material replacement portion.. Below is our cost estimate. PROJECT COST: Item 1) Mobilize/Demobilize. $ 1,000.00 Item 2) Well&Pump performance testing:2 hours @$150.00/hr $ 300.00 Item 3) Removal of well pump#8 $ 1,750.00 Item 4) Pump Inspection and Repair Estimate $ 450.00 Item 5)Video Investigate well $ 800.00 TOTAL COST PHASE I $ 4,300.00 Pump Bowl;Goulds 14 RJLC 4 stage bowl,designed 1,450gpm @ 280'TDH $7,875.00 Motor,Reconditioned Premium eff.US 125 Hp,405TP 1760 rpm $4,500.00 Bergerson-Caswell Inc. 5115 Industrial Street • Maple Plain,MN 55359 Telephone: 763-479-3121 Fax: 763.479 - 2183 E-Mail: info@BergersonCaswell.com Equal Opportunity Employer/Contractor 60' of 12"column Added to setting @$1,500.00/10'section $9,000.00 Other Replacement parts: 22 each Neoprene bearings @$25.00/each $ 550.00 Recondition Discharge head&Packing Gland $ 350.00 Head shaft $ 600.00 (1)each 12"x 10' T&C column sections @$900.00/each $ 900.00**Item questionable** Machine 12"x 5' column section @ 325.00 $ 325.00 260' of 1"poly water level monitoring tube $ 260.00 (276)each 7/8"x4"SS bolts and nuts @$6.50/each $ 1,794.00 Shop labor to clean&straighten shafting,sandblast spider bearings, Discharge head,and column painting;Estimate 40 hrs @$75 $ 3,000.00 Item 6)Reinstallation of well pump#8 $ 2,000.00 Item 7)Well&Pump Disinfection $ 250.00 Item 8)Demonstration testing: 6 hrs @$150.00/hr $ 900.00 Item 9)KPSI pressure transducer for water level monitoring w/260' installation cable $ 1,550.00 TOTAL COST PHASE II $ 33,854.00 If you have any questions on our recommendations above,require additional information that has not been provided, or would like for us to proceed with these repairs, please do not hesitate to contact us at (763) 479-3121 or cell# (612)369-3652. Sincerely; BERGERSON CASWELL INC. Tim D.Berquam Project Manager CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 23, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 07-5690 ITEM NO.: VIII.K. Randy Newton Resolution Authorizing Acquisition of Public Works/Engineering Easements for Singletree Lane Improvement Project Requested Action Move to: Adopt resolution authorizing the City Engineer and City Attorney to acquire easements for the construction of the Singletree Lane Improvement Project. Synopsis This action is needed to obtain and finalize no cost easement agreements with General Growth Properties and Target Corporation for the Singletree Lane Improvement Project. Attachments • Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2010- RESOLUTION AUTHORIZING ACQUISITION OF EASEMENTS FOR SINGLETREE LANE ROAD IMPROVEMENT PROJECT I.C. #07-5690 WHEREAS, the Eden Prairie City Council previously entered into a Professional Services Agreement with SRF Consulting Group for Singletree Lane improvements (I.C. 07-5690); and WHEREAS, an easement over adjoining properties will be required to construct the improvements. NOW, TH EREFORE, BE I T RESOLVED by the Eden Prairie City Council that the City Engineer and City Attorney are hereby authorized to acquire the necessary easements, by negotiation, on the following property: Parcel 14-116-22-13-0045 and 14-116-22-42-0011 ADOPTED by the Eden Prairie City Council on March 23, 2010. Phil Young, Mayor ATTEST: SEAL Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: March 23, 2010 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.A. Community Grace Church Preliminary Plat Development/Planning Janet Jeremiah Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Preliminary Plat on 56.5 acres into 2 lots. Synopsis The Metropolitan Airports Commission wants to buy proposed lot 2. According to the long range plan for the airport,proposed lot 2 is part of the Runway Protection Zone (RPZ). Both lots conform to the requirements of the Public Zoning District. Background Information The 120-Day Review Period Expires on May 12, 2010. Planning Commission Recommendation The Planning Commission voted 7-0 to recommend approval of the project at the March 8, 2010 meeting. Attachments 1. Resolutions 2. Staff Reports 3. Location Map 4. Zoning Map 5. Aerial photo 6. Planning Commission Minutes GRACE CHURCH FIRST ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2010- RESOLUTION APPROVING THE PRELIMINARY PLAT OF GRACE CHURCH FIRST ADDITION FOR GRACE CHURCH BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Grace Church First Addition for Grace Church stamp dated March 23, 2010, and consisting of 56.5 acres into 2 lots, 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 23rd day of March, 2010. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk STAFF REPORT TO: Planning Commission FROM: Michael D. Franzen, City Planner DATE: March 5, 2010 SUBJECT: Grace Church Addition APPLICANT/ OWNER: Grace Church LOCATION: 9301 Eden Prairie Road REQUEST: 1. Preliminary Plat of 56.5 acres into 2 lots BACKGROUND The site is zoned Public. The Metropolitan Airports Commission wants to buy proposed lot 2. According to the long range plan for the airport,proposed lot 2 is part of the Runway Protection Zone (RPZ). PRELIMINARY PLAT Both lots conform to the requirements of the Public Zoning District. STAFF RECOMMENDATION Recommend approval of the following request: • Preliminary Plat of 56.5 acres into 2 lots. This is based on plans stamp dated March 5, 2010 and the Staff Report dated March 5, 2010. Area Location Map - Grace Church Plat Address: 9301 Eden Prairie Road, Eden Prairie, MN , -AO , -< ,L\ _ _ 1 .. , Pioneer IIITrail 1111/1" 1 'R I— Illiiiirlow \ Eden Prairie Road - (_„,, 0, \(_ -- 'IN \ " lir/IV t ) 11111 44, I Hilltop Road SITE ir Mitchell Road Spring Road 1 _- .-ri ,L- E Eb --- ---;---;vN„...,,.,,IIIIIII ```` A Zoning Map Location Grace Church Plat 9301 Eden Prairie Road, Eden Prairie MN 55347 illiiip I___L_____71 1 r. ,... 7.-----1—. 40 S iii .fin LIP _,. NI Pioneer Trail in.' ill 4„,„,, - 1el =l 1117,444 % oommur ler inempp. II Inr-M1 Ili r 1141 _ ilf 7I I I I I 1 1 4111 - Eden Prairie Road SITE FA1\ Mitchell Road 0114 City of Eden Prairie Zo g Map Rural -Regional Commercial Shoreland Management Classifications N R1-44 One Family-44,000 sf.min. TC-C I NE I Natural Environment Waters R1-22 One Family-22,000 sf min. I TC-R I RD I Recreational Development Waters R1-13.5 One Family-13,500 sf min. Q TC-MU I GD I General Development Waters(Creeks Only) ' f !,• ,0 R1-9.5 One Family-9,500 sf min. Industrial Park-2 Acre Min, ® 100- Year Floodplain RM-6.5 Multi-Family-6.7 U.P.A.max. Industrial Park- 5Acre Min. EDEN Up dated through approved Ordinances#26-2008 - RM-2.5 Multi-Family-17.4 U.P.A.max. gri General Industrial-5 Acre 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 In caseotdlscrepencyrelatedtoaawingclassiticaflononthiszoNngmap,theOrdinance LIVE•woBK•G8EA61 and attached legal description on file at Eden Praise City Center will prevail. -Community Commercial Water -Highway Commercial Right of Way 0 0.15 0.3 -Regional Service Commercial Miles Aerial Map - Grace Church Plat Address: 9301 Eden Prairie Road, Eden Prairie, MN 55347 II .- - ilrg. SIRS Am :, .• . F Illliit Pill III '1 ' • . . :# II a. - 1 :',WF FT1 do . . - ' Will BF • T Pioneer Trail � ~ " lir _+• r q i; •\ �!" "aitti!NI11111111,Vi + n d; i, - ,v.. ....7% I :moo ' \ NFFR I Pi° LE:14.m.:7___111-:.:9 IIIIIIiiiliali!rl\\ __ _ . . , 1. , . . 411°4" . •-- I AVP.41.4. j I 4111111Pt I • , Mitchell RoaIr.r"—ii6111*.2 Eden Prairie Roa•d / t•� ry I • w = f .1 r pi I - + r _. SITE *kir , . Art. - , . , . . . . '5. / . \ n. 44 •4010 Iiiik. • . 4 . • _.., •• . 411P h, ¢Y • ;' + ., 40. y • .. _ RP N *{:1/Q -/ r '• - # 7 ■ . . F \ al I , it . . .4 A •L: .I r,�14L ,4..tea'' * , L. r • , , r•� f •�4 •#',14 %No,,liScale r 1 �_. 't.' _ •.4 i•_ 'III UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,MARCH 8, 2010 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 I. PLEDGE OF ALLEGIANCE—ROLL CALL Chair Stoltz called the meeting to order at 7:00 p.m. Absent: Rocheford II. APPROVAL OF AGENDA MOTION by Kirk, seconded by Lechelt, to approve the agenda. Motion carried 8-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON FEBRUARY 22, 2010 MOTION by Schultz, seconded by Lechelt, to approve the minutes. Motion carried 5-0. Kirk, Martin and Wuttke abstained. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS A. Grace Church Preliminary Plat by Grace Church Location: 9301 Eden Prairie Road Request to: • Preliminary Plat of 56.5 acres into 2 lots Andy Peek, architect speaking on behalf of Grace Church, presented the proposal. He utilized the overhead projector to show proposed lot 2, which is the parcel of land the Metropolitan Airports Commission would like to purchase. Proposed lot 2 is part of the Runway Protection Zone. Stoltz asked Franzen to review the staff report. Franzen said both lots conform to the requirements of the Public Zoning District. Staff recommends approval of the request. Stoltz opened the meeting up for public input. There was no input. Wuttke asked what are the procedures for the Runway Protection Zones and the flyover for the FAA and does that change at all with this. Mr. Peek said it does not change the flight path. Schultz asked Mr. Peek if there would be additional development on the property. Mr. Peek stated there will be no development on the property. The purpose of this is to provide safety for the people on the ground. MOTION by Wuttke, seconded by Martin, to close the public hearing. Motion carried 8-0. MOTION by Wuttke, seconded by Martin, to recommend approval of the Preliminary Plat of 56.5 acres into 2 lots, on plans stamped dated March 5, 2010, and the staff report dated March 5, 2010. Motion carried 8-0. CITY COUNCIL AGENDA DATE: March 23, 2010 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.B. Community Development/Planning Code Amendment- Section 11.05 Janet Jeremiah, Scott A. Kipp Heritage Preservation Sites Requested Action Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance Amending City Code Chapter 11, Section 11.05 — Heritage Preservation Sites. Synopsis Part of the 2009 approved Work Plan for the Heritage Preservation Commission was to review the code on Heritage Preservation Sites(adopted 1990) and determine if amendments should be made. The Director of Community Development presented a report to the City Council relating to proposed changes to the Heritage Preservation Site section of the code on February 15, 2010. The purpose of the code update is to address the following areas. 1. Definitions—The current code has 2 definitions. The proposed code has 25 definitions. The current code lacks the basic definitions that are commonly used in the area of heritage preservation. The definitions also need to be consistent with federal definitions. 2. Permit Process—The current process requires Heritage Preservation,Planning Commission, and City Council approval before any changes can be made to the exterior of a building. The proposed change would allow minor amendments to be reviewed by staff. 3. Removal of a Heritage Preservation Site—The code does not have a process for this. This is needed in case a building is destroyed or damaged by peril. 4. Heritage Preservation Site Alteration Permit—The term has been changed to Certificate of Appropriateness. The process for getting one is unchanged. Planning Commission Recommendation The Planning Commission voted 5-0 to recommend approval of the code amendment at the January 25, 2010 meeting. Heritage Preservation Commission Recommendation The Heritage Preservation Commission voted 6-0 to recommend approval of the code amendment at the December 21,2009 meeting. Attachments 1. Draft Ordinance 2. Staff Report 3. Planning Commission Minutes CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2010 AN 0 RDINANCE O F T HE CI TY 0 F E DEN P RAIRIE, M INNESOTA, AMENDING CI TY CODE S ECTION 1 1.05 RE LATING T O H ERITAGE PRESERVATION S ITES AND ADO PTING B Y RE FERENCE CITY CO DE CHAPTER 1 A ND SECTION 1 1.99,W HICH AM ONG 0 THER T HINGS CONTAIN PENALTY PROVISIONS. THE CI TY CO UNCIL 0 F T HE CI TY 0 F E DEN PRAIRIE, M INNESOTA ORDAINS: Section 1. City Code Chapter 11 - Section 11.05, Heritage Preservation Sites, is amended in its entirety as follows: Subd. 1. Declaration of Public Policy and Purpose. The Council of the City of Eden Prairie(hereinafter the "Council") declares as a matter of public policy that the preservation, protection, perpetuation and use of areas, places, buildings, structures, and other objects have historic, aesthetic or community interest or value, benefits the health, prosperity, education and welfare of the community. The purposes of this chapter are to: (1) Safeguard the heritage of the City by preserving sites and structures which reflect significant elements of the City's cultural, social, economic, political, visual or architectural history; (2) Promote the preservation and continued use of historic sites and structures for the education and general welfare of the people of the City; and(3) Foster civic pride in the beauty and notable accomplishments of the past. Subd.2. Definitions. A. The following terms,as used in this Section,shall have the following meanings: 1. Alteration — means any act or process which changes one (1) or more of the exterior architectural features of a building,or landform. 2. Archaeological resources—means archaeological artifacts,objects,or sites as defined in regulations promulgated under the Archeological Resources Protection Act of 1979, 16 USC Section 470. 3. Building—means an enclosed structure with walls and a roof,consciously created to serve a residential,industrial, commercial,agricultural,or other human use. 4. Certificate of Appropriateness — means a certificate issued by the City Council authorizing alteration, construction, restoration, relocation or demolition of a designated Heritage Preservation Site in accordance with the provisions of this Chapter. 5. Commission—means the Heritage Preservation Commission of the City. 6. Cultural resource—means a building, object,monument, structure, site or geographically definable area, such as an historic district or archaeology site that possesses a significant concentration,linkage or continuity of historically significant resources. 7. Demolition — means any act or process that destroys in part or in whole a cultural resource including the removal of any material constituting part of a structure other than for the purposes of ordinary maintenance or repair,which if removed affects the exterior appearance of the structure, which reduces the stability or longevity of the structure and impairs its historic or architectural integrity. 8. Demolition by neglect—means any total or partial destruction of or damage to a structure or any portion thereof due to failure to adequately maintain or repair the structure. 9. Exterior appearance — means the design, architectural style, general arrangement, ornament, character and general composition of the exterior of a cultural resource, including but not limited to the kind, color and texture of the building material and type, design, style and character of all windows, doors, light fixtures, signs and appurtenant elements. 10. Historic District—means a geographically definable area designated by the City Council conveying a sense of time and place due to the historic and architectural merits of the area. A historic district may also comprise contributing and noncontributing elements separated geographically but linked by association or history. 11. Integrity—means the authenticity of a cultural resource's historical identity evidenced by its survival of physical characteristics that existed during the property's historic or prehistoric period. 12. Maintenance — means all activities necessary to prolong the useful life and aesthetic appearance of a cultural resource. 13. Minor work—means small scale repairs and ordinary maintenance to correct problems or damage to the exterior that does not include a change in design, material, or outward appearance of the cultural resource. Examples of minor work include, but are not limited to,touch-up painting,window and door repair, caulking, fastening loose materials and roofing repairs. 14. National Register of Historic Places—means the national list of districts, sites,buildings, structures and objects significant in American history, architecture, archaeology, engineering or culture maintained by the Secretary of the Interior under authority of Title 16 USC, Section 101(a)(1)(A)(National Historic Preservation Act)as amended 15. Object— means a material item of functional, aesthetic, cultural, historical, or scientific value that may be, by nature or design, movable yet related to a specific setting or environment. 16. Preservation—means the identification, evaluation,recordation, documentation, curation, acquisition, protection, management, rehabilitation, restoration, stabilization, maintenance and reconstruction of cultural resources.For the purposes of development of cultural resources, preservation means the act or process of applying measures to sustain the existing form, integrity and material of a building or structure and the existing form and vegetative cover of a site. It may include initial stabilization work, where necessary, as well as ongoing maintenance of the historic building materials. 17. Protection — means the act or process of applying measures designated to affect the physical condition of a cultural resource by defending or guarding it from deterioration, loss, or to cover or shield the cultural resource from danger or injury. In the case of buildings and structures, such treatment is generally of a temporary nature and anticipates future historic preservation treatment; in the case of archaeological sites, the protective measure may be temporary or permanent. 18. Reconstruction—means the act or process of reproducing by new construction the exact form and detail of a vanished cultural resource,or part thereof,as it appeared at a specific period of time. 19. Rehabilitation — means the act or process of returning a cultural resource to a state of utility through repair or alteration which makes possible an efficient contemporary use while preserving those portions or features of the cultural resource which are significant to its historical,architectural and cultural values. 20. Repair—means the replacement of deteriorated materials which are impractical to save, such as broken window glass or severely rotted wood and the reclamation of items worn to the point that they can no longer perform their intended function. Material used for repairs on cultural resources should be as close as possible to the original in composition of materials,in method of fabrication and in manner of erection. 21. Restoration—means the act or process of accurately recovering the form and details of a cultural resource and its setting as it appeared at a particular period of time by means of the removal of later work or by replacement of missing earlier work. 22. Secretary of Interior Standards for treatment of historic properties — means the preservation, rehabilitation, restoration and reconstruction standards adopted by the U.S. Department of Interior codified in 36 CFR Part 68,as may be amended from time to time. 23. Site — means the location of a significant event, a prehistoric or historic occupation or activity,or a building or structure,whether standing or vanished,where the location itself maintains historical or archaeological value regardless of the value of any existing structure. 24. Stabilization— means the act or process of applying measures designed to reestablish a weather resistant enclosure and the structural stability of an unsafe or deteriorated cultural resource while maintaining the essential form as it exists at present. 25. Structure — means a constructed work, usually immovable by nature or design, consciously created to serve some human activity. Examples are buildings of various kinds, monuments, dams, roads, railroad tracks, canals, millraces, bridges, tunnels, locomotives,nautical vessels, stockades,forts and associated earthworks,Indian mounds, ruins, fences, and outdoor sculpture. For purposes of Section 11.05 "structure" is limited to functional constructions other than buildings. Subd.3. Designation of Heritage Preservation Sites. A. Reports. The Council may direct the City staff to prepare studies which catalog buildings, land, areas,historic districts or other objects to be considered for designation as a Heritage Preservation Site. B. Criteria for Eligibility. The Commission shall recommend to the Council that an area, building, historic district, or object be designated a Heritage Preservation Site, when: (i) the quality in American history, architecture, archaeology, engineering, and culture is present in the historic district, site, building, structure or object and (ii) the historic district, site, building structure or object possess integrity of location, design, setting, materials, workmanship, feeling, and association and(iii)the historic district,site,building, structure or object meets one or more of the criteria listed below. 1. It is associated with events that have made a significant contribution to the broad patterns of our history;or 2. It is associated with the lives of persons significant in our past;or 3. It embodies the distinctive characteristics of a type,period, or method of construction, or that represent the work of a master,or that possess high artistic values,or that represent a significant and distinguishable entity whose components may lack individual distinction; or 4. It has yielded or may be likely to yield,information important in prehistory or history. C. Planning Commission Review. The Commission shall advise the Planning Commission of the proposed designation of a Heritage Preservation Site, including boundaries, and a program for the preservation of a Heritage Preservation Site, and secure the Planning Commission's recommendation with respect to the relationship of the proposed heritage preservation designation to the Comprehensive Plan of the City, and the City Planning Commission's opinion as to the effect of the proposed designation upon the surrounding neighborhood and any other planning consideration which may be relevant to the proposed designation. The Commission may make such modifications, changes, and alterations concerning the proposed designation as it deems necessary in consideration of the recommendation and opinion of the Planning Commission. The Planning Commission shall also give its recommendation of approval,rejection or modification of the proposed designation to the Council. D. Communications with State Historical Society. A copy of the Commission's proposed designation of a Heritage Preservation Site, including boundaries, and a program for the preservation of a Heritage Preservation Site,when received by the City, shall be sent to the State Historical Society in accordance with Minnesota Statutes. E. Findings and Recommendations. The Commission shall make findings as to whether a proposed Heritage Preservation Site is eligible for heritage preservation as determined by the criteria specified in Paragraph B of this subdivision. If the Commission determines the site meets the criteria in Paragraph B, it shall forward its findings to the Council with its recommendation that the site be designated for heritage preservation and its proposed program for the preservation of the site. F. Council Designation. The Council shall consider the Commission's recommendation that a site be designated for Heritage Preservation,together with the Planning Commission's recommendations, and may, upon the request of the Commission, by ordinance designate a Heritage Preservation Site. Subd.4.A mendment o r R ecession o f D esignation. A Heritage Preservation Site designation may be amended or rescinded following the same process for the original designation. Subd.5.Suffix"HP." For purposes solely of identification, a site designated by ordinance as a Heritage Preservation Site may be identified with the suffix"HP"following its underlying zoning classification and any other overlay zoning. Subd.6.Heritage Site Preservation Plan and Hearings. A. Within such time as is established by the City Council following City Council approval of the Heritage Preservation Site designation, the applicant shall prepare and submit to the Commission for approval a Heritage Site Preservation Plan,which sets forth necessary preservation guidelines, including identification of significant features. B. Hearings. Prior to the Commission recommending to the Council any building,historic district,or object for designation as a Heritage Preservation Site,the Commission shall hold a public hearing on the proposed designation. Prior to such hearing,the Commission shall cause to be published in a newspaper of general circulation notice of the hearing at least ten(10) days prior to the date of the hearing, and notice of the hearing shall be sent to all owners of the property proposed to be designated a Heritage Preservation Site and to all property owners within three hundred fifty(350) feet of the boundary of the area to be designated a Heritage Preservation Site. Subd.7. Additional Powers and Duties of the Commission. A. The Commission may recommend to the Council after review and comment by the City Planning Commission, that certain property eligible for designation as a Heritage Preservation Site be acquired by gift, negotiation or by eminent domain as provided for in Chapter 117 of the Minnesota Statutes. B. The Commission shall have the powers and duties specified in Chapter 2, Section 2.18 in addition to those otherwise specified in this chapter. Subd.8. Alterations. A. A Certificate of Appropriateness is required to do any of the following to a Heritage Preservation Site: 1. Remodel, alter, or substantially change the exterior appearance of a historic building, site or landmark. 2. Erect a building or any structure. 3. Erect signs. 4. Move from or to any building. 5. Demolish any building in whole or in part. This does not apply to structures to be demolished in accordance with Minnesota Statutes,Chapter 463. 6. Alter or remove a land form in whole or in part. The application for a Certificate of Appropriateness shall be accompanied by detailed plans including a site plan, building elevations and design details, and materials necessary to evaluate the request. The Council shall make the determination whether to approve or disapprove the permit. B. Commission recommendation. The Commission shall review each application and make its recommendation to the Council relative to the request for a Certificate of Appropriateness. The Commission shall also review and make recommendations to the Council concerning City sponsored construction projects or development projects aided by the City that could change the nature or appearance of a Heritage Preservation Site. C. Criteria for Certificate of Appropriateness. All recommendations by the Commission and decisions by the Council to approve, disapprove, and/or impose conditions on a Certificate of Appropriateness shall be in accordance with the program approved by the Council and the State Historical Society for each Heritage Preservation Site. The following General Standards for Historic Preservation Projects issued by the Secretary of the Interior shall be used to evaluate applications of Certificate of Appropriateness: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive features should be avoided when possible. 3. All buildings, structures and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which have taken place in the course of time are evidence of the history and development of a building, structure or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure,or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and preserve archeological resources affected by, or adjacent to, any acquisition, stabilization, preservation, rehabilitation, restoration or reconstruction project. 9. The Commission and the Council shall also consider, when appropriate, the Secretary of the Interior's Specific Standards for Preservation Projects. D. Criteria for Certificate of Appropriateness for Demolition of Historic Preservation Site.In addition to the criteria listed in Subd. 7. C, the following criteria shall also apply to an application for demolition of a Heritage Preservation Site. A Certificate of Appropriateness for the demolition or partial demolition of a historic resource shall not be granted without the review and approval of a completed application. The review shall consider the following: 1. The public's interest in the preservation of the cultural resource. 2. The ability of the cultural resource to reasonably meet the National, State or local criteria for designation as a Heritage Preservation Site. 3. The age of the cultural resource, its significant features, unusual or uncommon design, texture, and/or material and its ability to be reproduced without unreasonable difficulty and/or expense. 4. The ability of the cultural resource to help preserve and protect a historic place or prehistoric site or area of historic interest in the City. 5. The ability of the historic resource to promote the general welfare of the City by: a. encouraging the study of American history,architecture and design; b. by developing an understanding of the importance and value of the American culture and heritage;and c. by making the City a more attractive and desirable place in which to live. 6. The cost and economic feasibility of restoring the cultural resource. E. No owner or any other person shall demolish or undertake to demolish a Heritage Preservation Site without a Certificate of Appropriateness. F. Findings. The Council shall make findings as to whether a Certificate of Appropriateness application should be approved or disapproved, or conditions imposed, as determined by the criteria specified in Paragraphs C and D of this subdivision. G. Hearings. Prior to the Council making its decision regarding an application for a Certificate of Appropriateness for a Heritage Preservation Site, the Council shall hold a public hearing on the application. Prior to such hearing the Council shall cause to be published in a newspaper of general circulation notice of the hearing at least ten(10) days prior to the date of the hearing, and notice of the hearing shall be sent to all owners of the property for which a Heritage Preservation Site Certificate of Appropriateness application has been submitted and to all property owners within three hundred fifty(350)feet of such property. H. Limitations. If within sixty(60)days from the filing of a completed application for a Certificate of Appropriateness for site alteration the Commission has not made a recommendation of approval or disapproval to the Council,the application shall be forwarded to the Council for approval or disapproval of the permit without the Commission's recommendation. Subd.9.Minor Work. A. Nothing in this section shall be construed to prevent minor work.Minor work does not require a Certificate of Appropriateness.The criteria set forth in Subdivision 8 C shall be followed to the extent practicable. B. Minor work should replace like-with-like,using the same materials and the same construction methods as originally used. Subd. 10.Archaeological Resources and Traditional Cultural Properties. Special Consideration. The City's archaeological resources are part of its heritage and community fabric. These resources are important to the City's past and are irreplaceable and need to be protected from deterioration and site damage. Though considered historic resources under this ordinance, the City acknowledges that archaeological resources have distinct differences. The City shall maintain an inventory of known archaeology sites and potentially sensitive areas. Subd. 11.Demolition A. Except as otherwise provided in this Section,the Building Official shall not issue a permit to demolish a designated Heritage Preservation Site until after a Certificate of Appropriateness is issued.No owner or any other person shall demolish or undertake to demolish a designated Heritage Preservation Site or an element within a designated Heritage Preservation Site without a Certificate of Appropriateness. B. No owner or person with an interest in real property designated as a Heritage Preservation Site shall allow property to fall into a serious state of disrepair without obtaining a Certificate of Appropriateness. Examples of such deterioration include,but are not limited to,the following: 1. Deterioration of exterior walls or other vertical supports. 2. Deterioration of roofs or other horizontal members. 3. Deterioration of exterior chimneys. 4. Deterioration,crumbling or spalling of exterior stucco,masonry or mortar. 5. Lack of waterproofing of exterior walls,roofs, or foundations; including broken windows or doors that prove ineffective. 6. Deterioration of any feature so as to create a hazardous condition that requires the demolition of the Property for public safety purposes. 7. Deterioration of ornamental features. Subd. 12. Enforcement. If inspection finds that the work is not in compliance with the Certificate of Appropriateness the City may suspend the Certificate of Appropriateness and issue a"Stop Work Order". No further work shall be undertaken on the project as long as a"Stop Work Order" is in effect except for work necessary to remedy the cause of the suspension Subd.13. E mergency Repair. In emergency situations where immediate temporary repair is needed to protect the safety of the structure and its inhabitants,the Building Department, may approve the temporary repair without prior Commission or Council action. Subd. 14. Repository for Documents. The office of the City Clerk is designated as the repository for at least one copy of all studies,reports,recommendations and programs required under this Section 11.05. Subd. 15. R ecording o f H eritage P reservation Sites. The office of the City Clerk shall record the designation of buildings, lands or areas as Heritage Preservation Sites with the Hennepin County Recorder or the Hennepin County Registrar of Titles, unless the County Recorder or Registrar of Titles refuses to record such designation,and shall transmit a copy of the recording document to the Building Department. Section 2—City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the entire City Code Including Penalty for Violation" and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3 - Effective Date - This Ordinance shall take effect upon its passage and publication. FIRST RE AD at a regular meeting of the City Council of the City of Eden Prairie on the day of 2010 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 2010. Kathleen Porta, City Clerk Phil Young, Mayor STAFF REPORT TO: Planning Commission FROM: Scott A. Kipp. Senior Planner THROUGH: Michael D. Franzen, City Planner DATE: January 22, 2010 SUBJECT: Code Amendment: Section 11.05. Heritage Preservation Sites BACKGROUND At the March 23, 2009, Planning Commission meeting, staff presented an outline of the proposed changes to the Heritage Preservation Sites code (1990). The Planning Commission directed staff to work with the City Attorney to prepare a draft ordinance. The Heritage Preservation Commission has been working on the proposed changes over the last year and recommended approval at its December 21, 2009 meeting. SUMMARY OF PROPOSED AMENDMENTS • Definitions Expand definitions of commonly used preservation terminology to clarify the steps in evaluating historic resources, designating sites and reviewing site alteration permits. • Preservation Management Plan A Preservation Management Plan should be required for each property when it is designated. This is becoming standard practice when buildings or sites are designated. The preservation plan provides the guidelines for taking the proper steps and procedures in caring for and maintaining historic resources. Moreover, it is a resource on applied preservation standards, regulatory requirements where needed and important contact information. • Alterations Establish criteria for Major and Minor alterations, thereby making it possible for staff and HPC approvals for Minor work performed on designated sties. Work determined to be Major would require City Council approval. Staff Report—Code Amendment— 11.05 Heritage Preservation Sites January 22, 2010 Page 2 • Identifying Heritage Preservation Sites For purposes solely for identification, a site designated by ordinance as a Heritage Preservation Site should be identified with the suffix "HP", following its underlying zoning district classification and any other overlay zoning. • Removing "HP" Identification A section for removal of a Heritage Preservation Site is also included. It should be considered in the event that some unforeseen event destroys the site or compromises historical integrity. • Demolition A section concerning the demolition of historic property should be better defined with the steps to prevent unwanted demolition. • Enforcement There should be clear penalties for violations of the code, including non-permitted work, willful neglect and demolition. STAFF RECOMMENDATIONS Staff recommends approval of the code amendments recommended by the Heritage Preservation Commission. APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,JANUARY 25, 2010 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 I. PLEDGE OF ALLEGIANCE—ROLL CALL Chair Stoltz called the meeting to order at 7:00 p.m. Absent: Kirk, Pitzrick, Schultz and Wuttke. II. APPROVAL OF AGENDA MOTION by Lechelt, seconded by Lee, to approve the agenda. Motion carried 5-0. Heritage Preservation Sites Ordinance Amendment Request to amend the City Code • Definitions and regulations for preservation management plans • Criteria for alterations • Identifying Heritage Preservation Sites designations • Creation and removal of designations John Gertz of 1933 Birch Street, White Bear Lake, presented the proposal. He stated they were before the Commission in March 2009 and presented the idea of updating the Heritage Preservation Code. He stated the Heritage Preservation Commission, HPC, has been working on the code and he is here tonight to update the proposed changes. Mr. Gertz presented a PowerPoint presentation of the changes. The reasons for updating the ordinance would be because: 1. The ordinance is outdated. The current ordinance is nearly 20 years old. Most cities surveyed updated their preservation ordinance 1-2 times in the last 20 years. It would bring the City's ordinance up to current Historic Preservation standards. 2. The ordinance lacks definitions. Some examples would be minor work, exterior appearance, rehabilitation, integrity, alteration, Heritage Preservation Site and repair. 3. The permit review process is onerous and cumbersome. The new ordinance would be streamlined for faster process and minor work could be approved by staff and HPC. There would be no need for City Council approval for minor work. Would have improved technical assistance and it would provide clarification. 4. The new ordinance would fill in the gaps. It would have a process provided for removal of Heritage Preservation Site designation; minor work definition and process added; demolition section added to ensure proper review in cases involving heritage sites and archaeology would be defined. Franzen stated staff recommends approval of the code amendments as recommended by the Heritage Preservation Commission. Lechelt asked Mr. Gertz if this was a local or national ordinance. Mr. Gertz stated it was a local ordinance. Lechelt asked if alterations could be made to the interior of the building. Mr. Gertz stated they do not control the inside of buildings. Stoltz opened the meeting up for public input. There was no input. MOTION by Rocheford, seconded by Lee to close the public hearing. Motion carried 5-0. MOTION by Rocheford, seconded by Lee, to recommend approval of the Amendment to the Heritage Preservation Ordinance. Motion carried 5-0. CITY COUNCIL AGENDA DATE: March 23, 2010 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.C. Public Works/Engineering Hennepin Village Site B Land Eugene Dietz Alteration Permit Rod Rue Requested Action Move to: • Close the Public Hearing; and • Approve Land Alteration Permit for Hennepin Village Site B subject to recommendation outlined in the Staff Report dated February 22, 2010 and the plans dated February 9, 2010; or • Deny the grading permit and direct staff and City Attorney to prepare findings and conclusions for denial to be presented to the City Council for action at the April 20, 2010 City Council meeting. Synopsis A land alteration permit application has been submitted for Hennepin Village Site B to remove approximately 190,000 cubic yards of material from the site with associated tree removal. A development plan called Oak Creek at Hennepin Village was granted preliminary approval by the City Council on September 4, 2007. While this land alteration (grading plan) is not consistent with the approved development plan, it does propose to remove excess material from the site in anticipation of a future development plan on this site. A public hearing at the Planning Commission was held on February 22, 2010 to consider this land alteration permit. The Planning Commission recommended denial of this permit on a 3-2 vote. However, staff can support approval of this land alteration permit if the conditions outlined in the Staff Report dated February 22, 2010 and the plans dated February 9, 2010 are followed. A variance is required for the tree replacement in conjunction with the land alteration permit which is a separate council action. Background Information Without an imminent development project proceeding on Site B, this land alteration activity could be considered a mining activity. In consideration of recommending approval of this land alteration permit, staff reviewed several key issues related to this permit request including traffic, road maintenance, grading/hauling operations, completion of Eden Prairie Road and Prospect Road, and several environmental concerns. The attached Staff Report addresses these issues and recommends conditions to the issuance of the land alteration permit. Planning Commission Recommendation The Planning Commission voted 3-2 to recommend denial of the land alteration permit application at their February 22, 2010 meeting based on the staff report dated February 22, 2010 and plans dated February 9, 2010. The denial seemed to be based on the project being premature (without an approved development plan) and the extended of impacts of a potential three year grading operation. Attachments 1. Staff Report 2. Location Map 3. Land Use Map 4. Zoning Map 5. Aerial photo 6. Planning Commission Minutes 7. Letter from Dean and Karen Edstrom STAFF REPORT TO: Planning Commission FROM: Mary Krause, Sr. Project Engineer THROUGH: Rod Rue, City Engineer DATE: February 22, 2010 SUBJECT: Hennepin Village Site B Land Alteration Permit Application APPLICANT/ Pemtom Land Company OWNER: Pemtom Land Company LOCATION: South of Flying Cloud Airport,east of Eden Prairie Road,and north of Flying Cloud Drive (CSAH#61) PROJECT A Land Alteration Permit Application has been submitted for Hennepin Village Site B. Site B includes approximately 19 acres of the total 72 acre Hennepin Village site. Approximately 190,000 cubic yards of earth is proposed to be removed from Site B as well as tree removal. The actual area of the site to be disturbed based on the plans is approximately 11.11 acres. Site B is currently zoned "Rural". KEY ISSUES FOR CONSIDERATION Typically a Land Alteration Permit Application is not presented to the Planning Commission. However, the submission of this permit application is unique since there is not an approved development plan for the property. In the absence of an approved plan, the grading work more resembles mining activity. Therefore,the review process of this application merits additional review as well as input from the public. Early grading of a site for future development has generally been prohibited in the past,therefore the staff review process assembled the background information and history of Site B,reviewed land alteration permit regulations and identified possible benefits to allow the request. The following key issues will be addressed through the staff report and staff recommendations: • Traffic, road maintenance, grading operations and other potential neighborhood and City concerns. The issues to be addressed include impacts to the area residents and traveling public over an extended time period as well as the maintenance and serviceability of Eden Prairie Road during and after completion of the grading and hauling operations. Staff Report—Land Alteration Permit February 22, 2010 • Eden Prairie Road and Prospect Road. The issues related to Eden Prairie Road and Prospect Road include the timing and ability to proceed with the re-construction of Eden Prairie Road and construction of Prospect Road. • Environmental Concerns. The issues include impacts and concerns regarding interim and permanent site restoration,tree removal and replacement,stormwater management and other environmental issues. SITE BACKGROUND The original overall PUD for Hennepin Village approved in 2002 was a 249 acre mixed use project of single family, multiple family,neighborhood commercial, office and open space including: 184 single family homes,511 townhouses,4.5 acres of neighborhood commercial,68 acres of office and 71.5 acres of open space. There were four phases in the Hennepin Village master plan.Phases A,C,and D have been approved by City Council for rezoning and subdivision and are either completed or under construction. Site B has concept approval from the 2002 Hennepin Village PUD which includes 167 units with a mix of small lot single family and townhouses. A development plan called Oak Creek at Hennepin Village was brought forward by Pemtom Land Company for Site B in 2007. This plan included109 residential units and was granted preliminary approval by City Council on September 4, 2007. A Developer's Agreement was drafted by City staff and presented to Pemtom for signatures. Included in the draft Developer's Agreement were requirements for the Developer to sign a Special Assessment Agreement regarding the reconstruction of Eden Prairie Road, the completion of Prospect Road and dedication of parkland. To date this Developer's Agreement has not been signed by the Developer or approved by City Council. Currently there is not an approved development plan for Site B. LAND ALTERATION PERMIT REGULATIONS Land Alteration, Tree Preservation and Stormwater Management Regulations are found within Chapter 11, Section 55 of the City Code. This section of code was amended with Ordinance 2-2006, effective February 16, 2006. The updated code includes provisions for best management practices for land alteration and storm water management facilities, tree removal and replacement requirements and Land Alteration Permit requirements. Mining activities allowed under land alteration practices/regulations was removed from the code with the latest ordinance amendment. The site will remain with a rural zoning until such time a development plan is approved for the property. SITE B VARIANCE 2 Staff Report—Land Alteration Permit February 22, 2010 One variance has been identified for the Land Alteration Permit from the City Code regarding the timing of tree replacement. City code states"Replacement trees shall be planted not less 18 months from the date of the issuance of the Land Alteration Permit". This variance request will be addressed in a separate report and public hearing. TRAFFIC AND MAINTENANCE Eden Prairie Road is directly adjacent to Site B and will provide the main access to the site. Eden Prairie Road is an existing two-lane roadway in poor condition that provides access to existing residents along this corridor. The 2009 average daily traffic volume (ADT) adjacent to the site is approximately 550. The Land Alteration Permit application indicates approximately 190,000 cubic yards of material to be removed from the site. This volume of material translates into between 9,000 - 16,000 loads of material to be hauled off-site depending on the capacity of the trucks. The proponent will be required to provide for the maintenance of all segments of Eden Prairie Road used for ingress and/or egress for the dirt hauling operation south of Riley Creek. EDEN PRAIRIE ROAD AND PROSPECT ROAD The City has prepared a draft Feasibility Study for future improvements to Eden Prairie Road adjacent to this project that anticipates participation of the Site B property. The estimated total assessment based on 109 units(the number of units in the Oak Creek project)including a multiplier of 150%,is$2,020,000. Although the proponent has agreed in principal to being assessed for Eden Prairie Road through the original concept approval process,the developer will be required to sign a Special Assessment Agreement for this amount as part of this approval process. Provisions will be made in the Special Assessment Agreement to create equity with other similar properties in the assessment process. Although it is anticipated that Site B will be the catalyst to initiate construction of Eden Prairie Road, the special assessment agreement will be structured to allow the City flexibility in the timing of the project. Of primary concern is the suitability of the existing roadway after 190,000 cubic yards of hauling has occurred. The estimated average is 12,000 trips of loaded trucks will be required to move this amount of material. According to published data, one legally loaded truck creates the same amount of physical wear and tear to a road as approximately 9,600 passenger cars does. Prospect Road is the east/west connection between Spring Road and Eden Prairie Road. The east portion of the roadway was constructed in conjunction with Site A of Hennepin Village. The west section of Prospect Road including the creek crossing of Riley Creek is required to be constructed in conjunction with the development of Site B in accordance with the Hennepin Village Developer's Agreement. Recognizing this requirement, the rough grading of this western portion of Prospect Road should take place concurrent with the proposed grading from Eden Prairie Road to 3 Staff Report—Land Alteration Permit February 22, 2010 approximately 150'west of Riley Creek.The proponent is responsible for the implementation of the final Prospect Road improvements as proposed in the Oak Creek development plan and will be required to sign a Special Assessment Agreement for all required improvements. A critical path element of the construction of Eden Prairie Road is the need to have Prospect Road in-place prior to commencement of construction to provide a detour for local and emergency access to the neighborhood during times of closure of Eden Prairie Road. This agreement for Prospect Road will allow the timing of this project to be initiated by the City and therefore responsive to the access needs related to Eden Prairie Road reconstruction. ENVIRONMENTAL CONCERNS STORM WATER MANAGEMENT The proposed plan provides for temporary storm water sedimentation/ponding within areas to be graded as indicated on the grading plan. Additional temporary storm water management will be needed for the Prospect Road grading to protect Riley Creek. Grading of the gullies that are located outside of the actual grading limits should be removed from the plan unless if that grading is needed as a BMP to protect the proposed work area. TREE REPLACEMENT The tree removal limits should be revised to correspond with the actual grading limits rather than potential future development limits as currently indicated on the plans. STAFF RECOMMENDATION Recommend approval of the Land Alteration Permit request subject to the recommendations of this Staff Report dated February 22,2010;the plans stamped dated February 9,2010 with the following conditions: 1. Prior to City Council review, the proponent shall: A. Revise the tree removal limits, tree loss and tree replacement to correspond with the actual grading limits rather than potential future development limits as currently indicated on the plans. Grading of the gully's that are located outside of the actual grading limits should be removed from the plan unless if that grading is needed as a BMP to protect the proposed work area. B. Provide plans that include the rough grading of Prospect Road from Eden Prairie Road to 4 Staff Report—Land Alteration Permit February 22, 2010 150'west of Riley Creek to within approximately 0.5' of the proposed subgrade of Prospect Road and provide associated interim storm water management facilities to protect Riley Creek. 2. Special Conditions to the Land Alteration Permit issuance shall include: A. All Land Alteration activities must be completed within 24 months of the issuance of the Land Alteration Permit. B. Land Alteration activities may begin no earlier than May 1 of a calendar year and must be concluded (including temporary and/or permanent restoration) by November 1 of each calendar year the Land Alteration Permit is active. C. Install erosion control and tree protection fencing at the grading limits for review and approval by the City Engineer and City Forester. D. Install a 50' bituminous mat at access points into the site to reduce tracking on Eden Prairie Road. E. Provide for the maintenance of any segment of Eden Prairie Road used for ingress and/or egress for the dirt hauling operation south of Riley Creek in the following manner: • Place a bituminous overlay of not less than 2 inches over any portion of street used for construction access that has not been otherwise overlaid. The overlay shall be thickened in areas as required by the City Engineer. • Repair any area of Eden Prairie Road south of Riley Creek subject to construction traffic until such time as the excess material is removed from the Property. Repairs shall be made within 5 days of notification by the City Engineer. • Provide the City with a maintenance bond in the amount of$80,000 per road mile. The Bond shall remain in full force and effect on each road segment during use by construction traffic until such time as the material is removed from the Property. • Further development of the Ridge at Riley Creek could occur simultaneously with this grading operation. Since that development has similar requirements for maintenance of Eden Prairie Road,every effort will be made to develop an equitable maintenance responsibility for both developers. However,it is noted that The Ridge at Riley Creek is in home building stage, not hauling dirt with fully loaded trucks. • A 6-ton restriction shall remain in effect between March 1 and Mayl each year on all road segments. • All construction ingress and egress on Eden Prairie Road shall be to/from the north. No construction traffic shall utilize Eden Prairie Road south of the southernmost construction access as shown on the plan. • The proponents engineer shall provide a sight line analysis for that portion of Eden Prairie Road used for construction access to the City Engineer. Areas that are deficient in sight lines as a result of obstruction due to trees, brush, etc. shall be remedied by removal of those obstructions within the public right of way(or private property if necessary). 5 Staff Report—Land Alteration Permit February 22, 2010 • Provide street cleaning as indicated on the plans. • The proponent shall retain the design professional who prepared the grading plan to perform the monitoring of the Project to be responsible for all monitoring,data entry and reporting to the PermiTrack ESC web-based erosion and sediment permit tracking program utilized by the City. F. Enter into Special Assessment Agreements with the City for Eden Prairie Road Improvements and Prospect Road Improvements. G. Provide tree replacement security equal to 150% of the cost of tree replacement to the City Planner. The security shall remain in place until such time as a Land Alteration Permit is issued for an approved development plan for the Property. H. Upon completion of grading and restoration activities provide maintenance security equal to 25% of the cost of the Land Alteration activities. Security shall remain in place until such time as a development plan is approved for the property. I. Restoration of all disturbed areas must be restored in accordance with NPDES requirements. Temporary restoration of all inactive areas including stockpiles must be completed within 14 days. J. This grading permit is being processed in advance of an identified contractor being selected for the project. Therefore,the City Engineer will retain final approval of a staging plan for the grading work, including phased/interim and final restoration plans and a final SWPP. 3. The following variance from the City Code is required and will be addressed as a separate item on the Planning Commission agenda : Replacement trees shall be planted not less 18 months from the date of the issuance of the Land Alteration Permit. 6 Area Location Map - Land Alteration Permit- Hennepin Village Site B Address: 9735 Eden Prairie Road, Eden Prairie, MN 55347 4 E ' 4"fil 11 111111rw` 1 1 lbw ,_ 1 v'F ., III �/ • Er r' denPjS"/ rairie Road Its �' = nnnuuw wow ,..4i-" 11 rik.itii t EEEEE . 1# === =— i:-............s.--- - Beverly Driveliz._ = O11111111 \10 ‘7/ ' JIIIIII= ��� , ` .�.` 1111111111111\ ■ , Spring Road /11IIIIIIIIIIIIIU44t 11 ____ A II\� i� Ali Wirc—...—iir—... (11.1 i , 7 IR 4 Grass Lake Little Rice Lake !Ill _ No Scale 1 1 Guide Plan Map Land Alteration Permit--Hennepin Village Site B 9735 Eden Prairie Road, Eden Prairie MN 55347 ryliIIIMMIIMIIIIIIV vil - 11116411M4W \ I um ' it _ Ad=il MI6, r 4 .uul=al 111 I: i IP will =� I =_, III _i \ lie, Eden Prairie Road , _+Ap������►1►mmnll ,ml /'�,, 7 i iim il / I I ilk EN__ ,7 rir��AI6' 10 1:�Spring Road III 4,4, +rrri • % W (_ DriveIII11I111IIII aim( mama - it S Flying Cloud Drive 111 Grass Lake ,I I Rural Residential.10 Units/Acre =Industrial I I Public/Quasi-Public—Airport Property =Low Density Residential 1-2.5 Units/Acre ni Neighborhood Commercial I—I Golf Course —MUSA line I�Medium Densityresidential 2.5-10 Units/Acre —Creeks Community Commercial Church/Cemetery IRM =High Density Residential 10-40 Units/Acre =Regional Commercial rn Open Water =Principal Arterial Ti Office =Town Center 0 Right-Of-Way -A Minor Arterial EDEN L' Airport -B Minor Arterial U E N, P Park/Open Space -Major Collector N PRAIRIE -Minor Collector No Scale Zoning Map Land Alteration Permit--Hennepin Village Site B 9735 Eden Prairie Road, Eden Prairie MN 55347 is mmi :. mt7, r iiiiiiill I ' HIOPHli.p.44I. :i , 14120../... ro at% 11111111•1111 ir *41 1 1 1010 1,ill e.8 A ki 1 Lib iis NO . . r progili__jp, _ illi \\N, igialligi. 7 Eden Prairie Road M grir-4/1----, ., ..imigep-mo% 41 imillil fp I—___ MI \hh. rial VIIII �? 31 - t ��� - I IIIII��� ii:e.;:....:.... ir, _ '1,i;:0' gpreaterlirk 110 Ell SITE _. ="yip- l _ z . 111 l'4121441------------- zl O . ./Ab- 7 Spring Road 'lllllll�I + �` — — Beverly Drive _IIIIIIII='I Iry in ' 4--". l•- •:_.44--4-7;A2--te -_lllllic_III � 15il II11III1II1IIII 61.1.-_:::_____ A— 141011sii IIMMMF .111 Mini -le r ;r Flying Cloud Drive • . 5'')_. •M1� 'S5.55 .__ .___r 7'' City o Eden Prairie Zoning Map i i r r Rural -Regional Commercial Shoreland Management Classifications N R1-44 One Family-44,000 sf.min. TC-C I NE I Natural Environment Waters R1-22 One Family-22,000 sf min. I TC-R I RD I Recreational Development Waters R1-13.5 One Family-13,500 sf min. Q TC-MU I GD I General Development Waters(Creeks Only) ''t * !, ,0 R1-9.5 One Family-9,500 sf min. Industrial Park-2 Acre Min, ® 100- Year Floodplain RM-6.5 Multi-Family-6.7 U.P.A.max. Industrial Park- 5Acre Min. EDEN Up dated through approved Ordinances#26-2008 - RM-2.5 Multi-Family-17.4 U.P.A.max. gri General Industrial-5 Acre 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 meaae nrdiacrepeney re atedroaandn9 elaaa ecaeen nn mla:nan9 map.ne omina pe tiw.a 8K•G8EA61 0 and attached legal description on file at Eden Prairie Cj r.Cs pSwill prevail. 0.7 -Community Commercial Water Jj 4J -Highway Commercial Right of Way - Miles Regional Service Commercial Aerial Map - Address: 9735 Eden Prairie Road, Eden Prairie, MN 55347 direlliK Tittints a iiirweiiiiiii _go.,_.„,c.../. iirirwwir.„..A,p_47 Da ell 0j"III#1111111111110,- 41r#/#111ai 11.a 141111111111 Li"; 111 II IIIIII, I i-L..?'. : dm*IA I i..i, . , „s4.._Air ii..1 1 iii :. ......,;:i.,,,,,,.... .4%/a..... al twer plquiiiiimilio, i ... . .-12. 4_ ell ' -414F4,4 i mot reg XIII A I lir IM RE I Illir.o. \ I r ...4) -4 . __ e4 owe. 4- fiiii'mowit ,:..--) .,.. .i. illi0krritWllllliltet*.i"i lt ii 5w i o.I --.i -.*-I;'.•1 :t 1 ek.e11.r1r i.-11 ' / .r WmMm=2_ . :ig.,-. 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Grass Lake Little Rice Lake rT :A•'= ; No Scale APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, FEBRUARY 22, 2010 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 I. PLEDGE OF ALLEGIANCE—ROLL CALL Chair Stoltz called the meeting to order at 7:00 p.m. Absent: Kirk, Martin, Rocheford and Wuttke. II. APPROVAL OF AGENDA MOTION by Schultz, seconded by Lechelt, to approve the agenda. Motion carried 5-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON JANUARY 25, 2010 MOTION by Lee, seconded by Lechelt, to approve the minutes. Motion carried 3-0. Pitzrick and Schultz abstained. IV. INFORMATIONAL MEETINGS V. PUBLI C MEETINGS VI. PUBLI C HEARINGS A. Variance 2009-13 by Anderson-Johnson, Inc. Location: 6385 Beach Road Request to: • Permit a wetland buffer strip width less than 10 feet and structure setback of less than 15 feet EDEN PRAIRIE PLANNING COMMISSION MINUTES February 22, 2010 Page 2 Jonathan Hussman, 3349 Erving Ave. S, Minneapolis, Minnesota, of Anderson& Johnson, is here tonight representing International School of Minnesota. He utilized the overhead protector to show an outline of the project. They would like to construct a running track at the school and are asking for this variance to permit a wetland buffer strip width less than 10 feet and a structure setback of less than 15 feet along the running track. The City Code requires a 20 foot wetland buffer strip and a 15 foot structure setback. They will construct an 8 lane running track. Inside of the track would be a soccer field. There will also be some pole vaulting areas. The south side of the property is the only area on the property this could be placed due to wetlands, floodplain, trees, and utilities. The variance would be for the area on the north side of the track. Mr. Hussman also pointed out there would be retaining walls along the track. Stoltz asked Franzen to review the staff report. Franzen stated City Code requires a three step undue hardship test based on reasonable use of the property, unique circumstances, and neighborhood character. Staff states they meet the three step test. The findings in the staff report are as follows; it is reasonable for a school to have a running track, the track was approved in this location prior to current wetland rules and regulations, and alternative locations are not available due to floodplain, existing wetlands, trees, slopes and existing utilities. Stoltz opened the meeting up for public input. There was no input. Pitzrick asked, being they are so close to the wetland, if they have considered using permeable track material. Mr. Hussman said they did not consider it because the track is pitched inward. Schultz asked if when the plans were submitted previously in 1994, has anything changed. Mr. Hussman said he was unsure because he was not around then. Franzen said track is the same and it is in the same location. MOTION by Schultz, seconded by Pitzrick,to close the public hearing. Motion carried 5-0. MOTION by Schultz, seconded by Pitzrick, to recommend approval of Final Order 2009-13. Motion carried 5-0. B. Oak Creek at Hennepin Village Sixth Addition Land Alteration Permit By Pemtom Land Company Location: 9735 Eden Prairie Road and surrounding area Request for: • Land Alteration Permit for Hennepin Village Site B A land Alteration Permit Application has been submitted for Hennepin Village Site B to remove approximately 190,000 cubic yards of earth and tree removal. EDEN PRAIRIE PLANNING COMMISSION MINUTES February 22, 2010 Page 3 Daniel Herbst, of Pemtom Land Company,presented this request. He used a PowerPoint presentation to discuss and give the history of Hennepin Village. He stated they acquired Cedar Hills Golf Course property, which was the first of the groundbreaking. He said part of the plan back then was to protect the Riley Creek Corridor. They have added numerous neighborhood amenities to the area, such as trails, a swimming pool and restoration of the barn. They have also dedicated a substantial amount of land to the City and are paying all park fees plus other amenities. He pointed out when all is done with this project the City would receive approximately 300 million dollars, which would be an economic benefit for the City. Mr. Herbst said they are here tonight to ask for the site grading to be done now because they would like to do it in phases versus doing it as one mass project. The grading plans are consistent with plans that have been approved in the past. Mr. Herbst also pointed out this project would be more economical to do it now than in the future and could save money for future homeowners. The benefits would be that it would increase the chance to make the site more competitive and timely to develop. This would in turn, turn into revenue for the City for such things as taxes and building permits. The benefits to the neighbors would be the tree perimeter would be left in place to protect the view shed of the adjacent neighbors. They would eliminate some of the trees in the area to do the grading but when they are finished they will also replace the trees. Doing this project now would also minimize the stockpiling of material. Another advantage would be that sewer and water would become available to certain areas. Mr. Herbst said in regards to the staff report in reference to Prospect Road, they would like to work with the City because they cannot commit to the $87,000 for Prospect Road or the signing of the special assessment agreement for$2 million dollars for future improvements to Eden Prairie Road. Stoltz asked Rue to review the staff report since this came through the Engineering Department because it is a Land Alteration Permit. Rue pointed out the project proponent did have a neighborhood meeting in January, so the neighbors were made aware of what potentially could happen in their area. Rue stated the staff report does include concerns from the Staff, such as traffic, road maintenance and grading operations. Staff recommends approval based on staff recommendations listed on pages 4, 5 and 6 of the staff report. Stoltz opened the meeting up for public input. Michael Boland, of 13579 Berkshire Lane, stated this is not an alteration permit but a mining permit. He pointed out the developer has talked about benefits but they appear to be for the developer. He asked how the removal of this material would benefit the people of Eden Prairie. There would be degradation of roads and pointed out the roads are not even wide enough for dirt hauling trucks. He would like this permit denied. Jack Rhode, of 15859 Porchlight Lane, said he is more concerned with the City than Dan Herbst. He stated two builders have already passed on this site. Due to EDEN PRAIRIE PLANNING COMMISSION MINUTES February 22, 2010 Page 4 the economy, this is probably not the time to be developing on this site. The City should be looking at these conditions. The dissemination of ecology would be huge. The haste and push to do this is a mistake. Staff has not done a very good job at entrances into this community. Request that this application be denied. Sue Johnson, of 10065 Eden Prairie Road, is the house to the south of the development. She stated we need to look at what has been approved because we do not even have a developer as of yet. She would also like this request denied. Jeff Schoenwetter, of 9750 Sky Lane, stated he is in support of this project. He said Mr. Herbst is going to have to export material/dirt at some point and it is better to do it now in an orderly fashion than in a hurried fashion in the future. It will also benefit our economy by stimulating money. He is in support of the developer's request. Schultz asked Franzen if this has come up before where a permit has been sought on speculation. Franzen said no. There are some projects that have early grading permits, especially late in the year, but in those cases the development agreement is signed with 30 days of the permit, and the grading plan is a final plan, not just removal of dirt. Schultz asked what benefits would be to grant this now versus in the future. Franzen said the dirt would have to come out at some point and now would be a benefit with the special assessment agreement because it would help the City and would benefit to get Prospect Road fixed. Schultz asked how traffic flow would be regulated. Rue said all material would be taken out to the north of the project. The project proponent utilized the overhead projector to show where this would take place. Stoltz asked Rue if there were any issues going to the north and Rue said there would be no issues except for the narrow roadway especially by the creek. He said it would be better to go north than to go south and stated the project proponent would have to provide safe sight line. Schultz asked if sooner development would push the improvement of Spring Road and Eden Prairie Road. Rue said it would. Lee asked Mr. Herbst about his oppositions to recommendations in the staff report. Mr. Herbst said in regards to Prospect Road, it would appear money would be wasted on this. In regards to the assessment on the site, he does not feel it is necessary right now. When Site A was built, he did not own the land where Prospect Road was in place. Schultz asked why would we grade Prospect Road and not finish it. Rue said since Site B is not ready yet; we need to have it ready to go. The rough grading at the roadway shows the road would be coming through and we need Prospect EDEN PRAIRIE PLANNING COMMISSION MINUTES February 22, 2010 Page 5 Road in order to build Eden Prairie Road by providing local and emergency access during construction. Lee asked about the developers for this project. Mr. Herbst said Ryland has had control of the site and they developed Sites C and D, but they did not want to build Site B. Mr. Herbst pointed out this is a very good site that is unique to Eden Prairie but right now he has to get the cost down. Stoltz asked what the feasibility study was about and how long would it take to complete. Rue said there was a draft done four years ago and it sat on a shelf this whole time. When the project came up, that is when several issues were seen with this report; such as cost estimate and potential for MAC development. This study describes the scope of work to be done. Stoltz asked if it was a public document. Rue said it was not yet and that it is a work in progress and will take a few months to finish. Stoltz asked why it could not be done now. Rue said it is a process of determining the scope of work, cost estimate and benefitting properties.. Stoltz asked Mr. Herbst if he would be willing to wait four months for the feasibility study to be completed. Mr. Herbst stated first of all, he is opposed to the $2 million dollar assessment. He stated he would also like to be ready with this project if a developer does come on board. Stoltz asked what the City Council has approved for Site B. Franzen said in 2001 there were 167 units approved for this site. In 2007, they came back and wanted only 109 units for Site B. This was granted preliminary approval by the City Council. The next step would be to take the development agreement and get it approved and the project would be good to go. Stoltz asked Mr. Herbst if he sees any change from the concept plan approved in 2007. Mr. Herbst said he would not see any change from the concept plan that was approved in 2007. Lechelt asked if there is a hauling ordinance for trucks. Mr. Herbst said they are allowed to haul from 7 am to 7 pm, including Saturdays. Lechelt asked if Grace Church was informed of this project. Franzen stated they were informed of the project. Lechelt asked if the City knew this amount of material was to be removed. Rue said they did know of the amount that would be removed. Lechelt asked if the developers wanted to change this and not take so much material off the site, could this be done. Mr. Herbst said he does not see this development changing because of the topography on the site. EDEN PRAIRIE PLANNING COMMISSION MINUTES February 22, 2010 Page 6 Lechelt asked in regards to tree removal, what happens if the land is not developed for 3 to 5 years; would the land just sit with soil on it. Franzen said when trees are removed they have to replace them. The Staff is recommending not removing trees until grading is to be completed. Mr. Herbst utilized the overhead projector to show where the tree removal and replacement would take place. Lechelt asked if Mr. Herbst was the owner of the property. Mr. Herbst stated he was the owner of the property. Pitzrick commented since there is not a development agreement in place then we need to re-evaluate this whole request. Mr. Herbst said this removal is going to be done regardless, so if there is more time we can find a home for the material before development begins. He pointed out they are not asking to change City Code. Franzen pointed out that the 2001 agreement required the developer to be responsible for Prospect Road and improvements to Eden Prairie Road, but it was general language. The 2006 Oak Creek draft agreement is based on a final plan and the specifics of Prospect Road construction and the amount of the special assessment is identified. Payments on the assessment do not start until the City Council approves the project. Rue stated in the packet there is background information from 2007 that discusses this. It is in paragraph 18. Lechelt asked what the requirements are for tree replacement. Franzen said they have to put together a plan for tree replacement and they would have to meet with City Staff to finalize the plan. Lechelt asked what type of trees were being removed. Franzen said there is a plan in the packet and most of the trees being removed are oak and basswood. Stoltz asked the Commission Members for their input. Lee felt the project was premature. Lechelt said she would deny the request with no development plan. Schultz stated the Commission Members have to look at the three step criteria for undue hardship and take that into account. He stated in his opinion, the three step criteria for hardship has been satisfied. He also pointed out this is going to happen, it is in the books. This is most likely the last piece of property that will be developed and you have to take into account the impact this will have on the developer, City and the community. The project will bring more people into our community thus generating more money for the City. If this development is going to help with infrastructure in the area, he stated he is all for the project. Pitzrick said in 2001 it was stressed this was the master plan. The City has been flexible with the developer and in regards to this plan; Mr. Herbst needs to be flexible. He stated he is not in favor of this request. Stoltz asked Mr. Herbst for his final statement. Mr. Herbst said this would be a win/win situation for everyone, given the economy. EDEN PRAIRIE PLANNING COMMISSION MINUTES February 22, 2010 Page 7 Stoltz asked Rue for his final comments. Rue stated recommendation was for approval based on the staff report and he stands by that recommendation. Pitzrick said what Staff recommends is the $2 million dollar assessment, which Mr. Herbst objects to, so that is where the Commission Members are coming from in denying this. Franzen stated given the amount of dirt taken away, this does have to have Council approval. The Commission should advise Council. Pitzrick asked if Mr. Herbst was familiar with staff recommendation. Mr. Herbst said he was and stated some things could be negotiated with Staff. Pitzrick said he would consider a continuance in which Mr. Herbst and Staff would work out some of the staff recommendations. Stoltz said he would be in favor of a continuance also. Stoltz asked when they would be able to come back. Franzen stated there are two meetings scheduled in March. Stoltz asked Mr. Herbst if he would like a continuance to the March 22nd meeting or a"no"vote. Mr. Herbst said he wants a decision tonight to move it forward to the City Council. MOTION by Pitzrick, seconded by Lechelt, to close the public hearing. Motion carried 5-0. MOTION by Pitzrick, seconded by Lee, to recommend denial of the Land Alteration Permit. Motion carried 3-2. C. Variance 2009-14 by Pemtom Land Company Location: 9735 Eden Prairie Road and surrounding area Request for: • A variance from Section 11.55 Subd. 4 (D) that requires replacement trees to be planted within 18 months from the date of issuance of a land alteration permit to require replacement trees to be planted within 36 months from the date of issuance of a land alteration permit. Mr. Herbst stated he would like to see a compromise on the tree deal to work out with Staff to leave as many trees on site,but take some down that need to be taken down. Stoltz asked Franzen to review the staff report. Franzen stated City Code requires a three step undue hardship test based on reasonable use of the property, unique circumstances, and neighborhood character. Staff states they meet the three step test. Stoltz asked Franzen to review the staff report. Stoltz opened the meeting up for public input. There was no input. EDEN PRAIRIE PLANNING COMMISSION MINUTES February 22, 2010 Page 8 Lechelt said this circumstance is created by the owner's actions and he should grade the property in one space and plant trees and move on and she stated she does not agree with this because he created it. Pitzrick stated he feels this is tied into the other request and if we turned down the other request this should be turned down too. MOTION by Pitzrick, seconded by Lee, to close the public hearing. Motion carried 5-0. MOTION by Pitzrick, seconded by Lee, to recommend denial of the Final Order 2009-14. Motion carried 4-1. VII. PLANNE RS' REPORT VIII. MEMBERS' REPORT IX. CONTINUI NG BUSINESS X. NEW BUSINESS XI.ADJOURNMENT MOTION by Lechelt, seconded by Lee, to adjourn the meeting. Motion carried 5-0. There being no further business, the meeting was adjourned at 9:44 p.m. March 17, 2010 To the Mayor, Members of the City Council, Members of the Planning Commission and City Staff, City of Eden Prairie: We are writing with reference to the request by Pemtom Land Company for a Land Alteration Permit at Hennepin Village Site B. Because we were out of town at the time of the Planning Commission meeting on February 22, 2010, we were not able to attend that meeting and state our views on the request. We appreciate the opportunity to do so at this time. We oppose the granting of the permit. We understand that the City has generally declined to issue land alteration, soil removal or mining permits in the absence of a project that is prepared to commence construction. It is our understanding that while there have been at least two site development plans approved for this site, due to economic and other factors there is, at this time, no project that is ready to commence construction on the site. We believe that one of the principal reasons for the City's policy on the subject is that if land is altered prior to actual project commencement, the terrain could be changed in a manner that precludes alternative land uses in the event no project comes to fruition or precludes projects that may require or prefer a different configuration or grading plan. Looking at this site, we are surprised that any net soil removal is necessary for development. Grading could level the site for a different project or a different project might choose to utilize the existing land form. Any grading or net loss of material at this point could preclude more imaginative uses of the site. We also believe that it is important for the City to assure that preconditions to development are satisfied before land alteration commences. If land alteration takes place before significant conditions are satisfied, a developer or subsequent owner may be in a position to force the City to compromise those conditions in order to achieve project completion. In this case, the most obvious precondition is the completion of Prospect Road. We understand the reluctance of the developer to undertake construction of the road with no project ready to go forward. And,there may be other significant conditions of importance to the City, such as installation of utilities, adjustments to Eden Prairie Road and the like. Although our property does not immediately abut the site, we also share the concern our neighbors may have about the premature and potentially unnecessary disruption of the site and the impact on their lives. Thank you for considering our views on this request. Dean and Karen Edstrom 10133 Eden Prairie Road Eden Prairie, MN 55347 6 CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims March 23, 2010 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 195726— 196147 Wire Transfers 3755 —3779 3766—3779 February 2010 Purchasing Card Payment City of Eden Prairie Council Check Summary 3/23/2010 Division Amount Division Amount General 48,612 601 Prairie Village Liquor 103,754 100 City Manager 320 602 Den Road Liquor 147,373 101 Legislative 249 603 Prairie View Liquor 126,674 110 City Clerk 312 605 Den Road Building 4,410 111 Customer Service 8,990 701 Water Fund 104,987 112 Human Resources 1,158 702 Sewer Fund 8,869 113 Communications 2,010 703 Storm Drainage Fund 14,976 114 Benefits&Training 715 Total Enterprise Funds 511,041 130 Assessing 450 131 Finance 252 803 Escrow Fund 274 133 Planning 449 806 SAC Agency Fund 119,700 136 Public Safety Communications 2,553 Total Agency Funds 119,974 137 Economic Development 953 138 Community Development Admin. 109 807 Benefits Fund 327,677 150 Park Administration 26 812 Fleet Internal Service 48,916 151 Park Maintenance 15,939 813 IT Internal Service 188,851 153 Organized Athletics 7,032 814 Facilities Capital ISF 7,566 154 Community Center 17,054 815 Facilites Operating ISF 61,085 156 Youth Programs 3,623 816 Facilites City Center ISF 60,612 157 Special Events 28 817 Facilites Comm.Center ISF 44,505 158 Adult Recreation 2,574 Total Internal Service Funds 739,211 159 Recreation Administration 6,023 160 Therapeutic Recreation 175 Report Totals 2,584,229 162 Arts 551 163 Outdoor Center 1,212 167 CC-Youth Programs 322 168 Arts Center 1,801 169 SC-Therapeutic Recreation 40 170 CC-Classes/Programs/Events SC 462 172 SC-Youth Programs 184 180 Police 26,120 183 Emergency Preparedness 2,277 184 Fire 786,516 186 Inspections 84 200 Engineering 897 201 Street Maintenance 4,356 202 Street Lighting 1,390 Total General Funds 945,817 301 CDBG 100,034 303 Cemetary Operation 26 304 Senior Board 270 308 E-911 876 Total Special Revenue Funds 101,206 421 2003A Park Bonds Refunding 431 423 2003C Open Space Bonds 431 Total Debt Service Funds 863 315 Economic Development 1,250 503 Utility Improvement 135,975 506 Improvment Bonds 1996 1,115 509 CIP Fund 8,515 520 Parks Referendum 141 521 Trails Referendum 17,671 526 Transportation Fund 1,451 Total Capital Project Funds 166,117 City of Eden Prairie Council Check Register 3/23/2010 Check# Amount Vendor/Explanation Account Description Business Unit Explanation 3757 747,000 EDEN PRAIRIE FIREFIGHTER'S REL Fire Relief Pension Payment Fire Fire Pension 3760 181,391 CERIDIAN State Taxes Withheld Health and Benefits Taxex Withheld 196054 126,572 NEW WORLD SYSTEMS Software Maintenance IT Operating Yearly Maintenance 3755 120,916 PUBLIC EMPLOYEES RETIREMENT AS Deposits Escrow PERA 195817 118,503 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund February SAC Charges 195849 100,000 PROP SHOP/EDEN PRAIRIE&TITLE Refunds CDBG-Public Service Prop Building 3764 92,703 MINNESOTA DEPT OF REVENUE Cash Over/Short General Fund 195895 80,576 XCEL ENERGY Electric Traffic Signals 196005 69,887 JOHN A DALSIN&SON INC Other Contracted Services Utility Improvement Fund 196025 61,304 LOGIS Other Hardware Prairie View Liquor Store 195860 55,677 SHORT ELLIOTT HENDRICKSON INC Other Contracted Services Utility Improvement Fund 195728 46,737 A-SCAPE INC Contract Svcs-Snow Removal City Hall-CAM 3779 43,620 US BANK Deposits Escrow 196009 36,789 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store 195896 30,762 YOCUM OIL COMPANY INC Motor Fuels Fleet Operating 195793 28,280 JOHNSON BROTHERS LIQUOR CO Wine Domestic Den Road Liquor Store 196043 27,984 MINNESOTA DEPT OF HEALTH Miscellaneous Water Testing 196130 21,370 WIRTZ BEVERAGE MINNESOTA Transportation Prairie View Liquor Store 195963 21,356 DIVERSE BUILDING MAINTENANCE Janitor Service Arts Center 3762 20,442 ING Deferred Compensation General Fund 195836 17,603 NORTHWEST ASPHALT Improvement Contracts Trails Referendum 195889 17,279 WIRTZ BEVERAGE MINNESOTA Transportation Prairie Village Liquor Store 195776 15,408 HENNEPIN COUNTY MEDICAL CENTER Tuition Reimbursement/School Fire 196104 14,840 THORPE DISTRIBUTING Beer Prairie View Liquor Store 3761 14,584 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 195845 14,328 PHILLIPS WINE AND SPIRITS INC Wine Domestic Prairie Village Liquor Store 196075 13,528 QUALITY WINE&SPIRITS CO Beer Prairie View Liquor Store 195790 13,524 JJ TAYLOR DISTRIBUTING MINNESO Beer Prairie Village Liquor Store 196102 13,352 THERMAL TECHNOLOGIES INC Contract Svcs-HVAC City Hall-CAM 196068 12,924 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store 195890 12,534 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie Village Liquor Store 3758 12,370 US BANK TRUST HRA Health and Benefits 195732 12,094 ALTERNATIVE BUSINESS FURNITURE Capital Under$10,000 Furniture 195872 11,515 THORPE DISTRIBUTING Beer Prairie Village Liquor Store 195855 10,786 QUALITY WINE&SPIRITS CO Transportation Prairie Village Liquor Store 196131 9,921 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie Village Liquor Store 196004 9,661 JJ TAYLOR DISTRIBUTING MINNESO Liquor Prairie View Liquor Store 195806 8,755 LIFE INSURANCE COMPANY OF NORT Life Insurance EE/ER Health and Benefits 195779 8,368 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire 196048 8,361 MITY-LITE INC Capital Under$10,000-Gen Bl Furniture 195881 8,100 WALL TRENDS INC Contract Svcs-General Bldg Police City Center 196063 8,014 PARROTT CONTRACTING INC Equipment Repair&Maint Infiltration/Inflow Study 195996 7,110 HYDRO-VAC INC Equipment Repair&Maint Infiltration/Inflow Study 195960 6,861 DAY DISTRIBUTING Beer Prairie View Liquor Store 195809 6,845 LOGIS Software Maintenance IT Operating Check# Amount Vendor/Explanation Account Description Business Unit Explanation 196096 6,240 STREICHERS Protective Clothing Police 195985 6,148 GRAYMONT Treatment Chemicals Water Treatment Plant 195726 5,700 US POSTMASTER Postage Community Brochure 195972 5,502 FIRE SAFETY USA INC Protective Clothing Fire 195751 5,414 DAY DISTRIBUTING Beer Prairie Village Liquor Store 196128 5,362 WINE MERCHANTS INC Transportation Prairie View Liquor Store 195841 4,916 PAUSTIS&SONS COMPANY Wine Domestic Prairie Village Liquor Store 195945 4,504 CENTERPOINT ENERGY Gas Arts Center 195899 4,500 HDS SPECIALTY VEHICLES Machinery&Equipment Park Maintenance 196109 4,335 UNIFORMS UNLIMITED Capital Under$10,000 Police 195773 4,150 HANSEN THORP PELLINEN OLSON Other Contracted Services Parks Referendum 195871 4,141 THERMAL TECHNOLOGIES INC Contract Svcs-HVAC City Hall-CAM 196141 4,132 MADISON NATIONAL LIFE Disability Ins Employers Health and Benefits 196065 4,101 PAUSTIS&SONS COMPANY Transportation Prairie View Liquor Store 195929 4,046 BELLBOY CORPORATION Transportation Prairie View Liquor Store 195784 3,877 INTERSTATE POWER SYSTEMS INC Equipment Repair&Maint Fleet Operating 195878 3,867 VINOCOPIA Transportation Prairie View Liquor Store 195946 3,816 CENTURYLINK Telephone IT Telephone 195887 3,498 WINE MERCHANTS INC Wine Domestic Prairie Village Liquor Store 195738 3,315 BELLBOY CORPORATION Wine Imported Prairie Village Liquor Store 195748 3,220 CERIDIAN Equipment Repair&Maint CIP-Bonds 195920 3,099 ASPEN WASTE SYSTEMS INC. Waste Disposal Community Center Maintenance 195862 3,077 SPRINT Wireless Subscription IT Operating 195772 3,077 GRAYMONT Treatment Chemicals Water Treatment Plant 195846 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage Customer Service 196134 2,924 XTREME ELECTRICAL SERVICES Other Contracted Services CIP-Bonds 195811 2,877 MACQUEEN EQUIPMENT INC Equipment Repair&Maint Storm Drainage 195898 2,872 DMX MUSIC Leasehold Improvements Prairie View Liquor Store 195901 2,834 PRAIRIE ELECTRIC COMPANY Other Contracted Services Utility Improvement Fund 195877 2,714 VAN PAPER COMPANY C H Robinson-Cleaning Suppli City Hall-Direct Costs 195754 2,688 DYNAMIC IMAGING SYSTEMS INC Software Maintenance IT Operating 196026 2,553 LONDON BRIDGE TRADING COMPANY Training Supplies Police 195998 2,520 IND SCHOOL DIST 272 Gym Rental Touch Football 195885 2,495 WINE COMPANY,THE Transportation Prairie Village Liquor Store 195786 2,492 ITRON INC. Maintenance Contracts Water Metering 196127 2,483 WINE COMPANY,THE Transportation Prairie View Liquor Store 195997 2,418 IDEXX DISTRIBUTION CORP Laboratory Chemicals Water Treatment Plant 196116 2,404 VAN PAPER COMPANY Cleaning Supplies City Hall-CAM 195834 2,324 NEW WORLD SYSTEMS Other Assets CIP-Bonds 195944 2,131 CATCO PARTS SERVICE Equipment Repair&Maint Fleet Operating 195764 2,063 FIRENET SYSTEMS INC Equipment Testing/Cert. Utility Operations-General 196088 2,010 SITEIMPROVE,INC Other Contracted Services Communications 195947 1,866 CERIDIAN Equipment Repair&Maint CIP-Bonds 195990 1,860 HEWLETT-PACKARD COMPANY Computers IT Operating 195949 1,856 CLAREYS INC Conference Expense Engineering 195771 1,658 GRAPE BEGINNINGS Transportation Den Road Liquor Store 195781 1,622 HOHENSTEINS INC Beer Den Road Liquor Store 195826 1,570 MITY-LITE INC Capital Under$10,000 Furniture 196132 1,516 WORLD CLASS WINES INC Transportation Prairie View Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit Explanation 195850 1,516 PROPAC INC Safety Supplies Emergency Preparedness 196083 1,490 ROOT 0 MATIC Contract Svcs-Plumbing Public Works/Parks 195756 1,485 EDINA FIRE DEPARTMENT Operating Supplies Fire 195903 1,459 US POSTMASTER Postage Water Accounting 195911 1,451 ALLIANT ENGINEERING INC Design&Engineering Transportation Fund 196033 1,437 MATTS AUTO SERVICE INC Equipment Repair&Maint Fleet Operating 195883 1,433 WHEELER HARDWARE COMPANY Supplies-General Bldg Park Shelters 195816 1,376 METRO SALES INCORPORATED* Other Rentals Customer Service 196076 1,355 QWEST Telephone IT Telephone 195961 1,335 DECORATIVE DESIGNS INC Contract Svcs-Int.Landscape City Hall-CAM 196093 1,333 STAPLES ADVANTAGE Office Supplies Police 196037 1,330 METRO SALES INCORPORATED* Other Rentals Customer Service 196091 1,317 SQUARE CUT Capital Under$10,000-Gen Bl Furniture 196100 1,317 SURLY BREWING CO Beer Prairie Village Liquor Store 196133 1,296 XCEL ENERGY Electric Forest Hills Park 195879 1,296 VISTAR CORPORATION Merchandise for Resale Concessions 195769 1,269 GRANGER Supplies-HVAC City Hall-CAM 195824 1,260 MINNESOTA SAFETY SERVICES LLC Operating Supplies Pool Lessons 195757 1,250 EHLERS&ASSOCIATES INC Other Contracted Services Economic Development Fund 195892 1,144 WORLD CLASS WINES INC Transportation Prairie Village Liquor Store 196045 1,094 MINNESOTA PIPE AND EQUIPMENT* Equipment Parts Water System Maintenance 196140 1,080 HCMC-EMS EDUCATION Tuition Reimbursement/School Police 195735 1,077 ANCHOR PAPER COMPANY Office Supplies Customer Service 195866 1,072 STREICHERS Clothing&Uniforms Police 195842 1,013 PEPSI COLA COMPANY Merchandise for Resale Concessions 196061 968 OLD LOG THEATER Special Event Fees Classes/Programs/Events 3763 966 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 195974 938 FORCE AMERICA Equipment Parts Fleet Operating 195908 929 AIR POWER EQUIPMENT CORPORATIO Contract Svcs-General Bldg Fire Station#1 195978 916 GENUINE PARTS COMPANY Equipment Parts Water Treatment Plant 195995 896 HORIZON COMMERCIAL POOL SUPPLY Repair&Maint. Supplies Pool Maintenance 3759 896 CERIDIAN Garnishment Withheld General Fund 196042 875 MINNESOTA AWWA Conference Expense Water Treatment Plant 195768 872 GE CAPITAL Other Rentals Customer Service 196108 863 U S BANK Paying Agent 2003C Open Space Refunding Bon 195906 857 ABM JANITORIALSERVICES-NORTH C Other Contracted Services Prairie View Liquor Store 195933 852 BOUND TREE MEDICAL LLC EMS Supplies Fire 195821 850 MINNEAPOLIS,CITY OF Tuition Reimbursement/School Police 196117 840 VARGAS,JOSHUA A Other Contracted Services Basketball 195983 833 GRANICUS INC Software Maintenance IT Operating 196056 810 NFPA Dues&Subscriptions Fire 195840 780 PAUL'S TWO-WAY RADIO Other Contracted Services Public Safety Communications 195982 761 GRANGER Supplies-General Bldg Park Shelters 196125 725 WATER CONSERVATION SERVICES IN OCS-Utility Locates Water System Maintenance 195938 724 BUCK,NATHAN Other Contracted Services Basketball 195848 721 PRAIRIE ELECTRIC COMPANY Contract Svcs-Plumbing City Hall-CAM 195843 714 PETTY CASH Operating Supplies Parks Administration 195827 705 MN DEPT OF TRANSPORTATION Equipment Repair&Maint Traffic Signals 196120 703 VINTAGE ONE WINES INC Transportation Prairie Village Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit Explanation 195730 697 AL'S COFFEE Merchandise for Resale Concessions 196144 695 STRATUM ONE FITNESS EQUIPMENT Equipment Repair&Maint Police 195797 680 KEEPERS Clothing&Uniforms Fire 195931 666 BOARD OF WATER&SOIL RESOURCE Dues&Subscriptions Storm Drainage 195970 659 FEDEX KINKO'S OFFICE AND PRINT Printing Emergency Preparedness 195801 625 KOPISCHKE,MICHAEL R Other Contracted Services Broomball 195812 601 MARGRON SKOGLUND WINE IMPORTS, Transportation Prairie View Liquor Store 196039 596 MIDWEST COCA COLA BOTTLING COM Misc Non-Taxable Prairie View Liquor Store 196077 593 R&R SPECIALTIES OF WISCONSIN Repair&Maint-Ice Rink Ice Arena Maintenance 195808 585 LITTLE FALLS MACHINE INC Equipment Parts Fleet Operating 195813 582 MASTER CRAFT LABELS INC Operating Supplies Prairie Village Liquor Store 196018 576 KRAMER,TRENT C Other Contracted Services Basketball 195741 573 BIFFS INC Waste Disposal Park Maintenance 196092 566 ST CROIX RECREATION CO INC Building Materials Park Maintenance 195971 560 FERRELLGAS Gas Riley House 195856 549 QWEST Maintenance Contracts E-911 Program 195870 543 THE OASIS GROUP Employee Assistance Organizational Services 195916 542 ANCOM COMMUNICATIONS INC Equipment Repair&Maint Public Safety Communications 196053 542 NEW FRANCE WINE COMPANY Transportation Prairie View Liquor Store 196122 527 WAHLS ENTERPRISES Equipment Repair&Maint Park Maintenance 195999 506 INTEGRA TELECOM Operating Supplies IT Telephone 196049 500 MOBILE RADIO ENGINEERING INC Equipment Repair&Maint Public Safety Communications 195914 447 AMERITRAK Other Contracted Services Snow&Ice Control 195727 440 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 195912 433 ALTERNATIVE BUSINESS FURNITURE Capital Under$10,000-Gen Bl Furniture 196020 431 KUSTOM SIGNALS INC Equipment Repair&Maint Police 195986 414 GREATAMERICA LEASING CORP. Other Rentals Customer Service 196014 413 KEEPERS Clothing&Uniforms Police 195746 400 BUCK,JOHN N Other Contracted Services Basketball 195770 396 GRAND PERE WINES INC Transportation Prairie View Liquor Store 195904 389 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 195833 389 MT GLOBAL LLC Transportation Prairie View Liquor Store 195837 382 OLSEN COMPANIES Equipment Parts Fleet Operating 195744 382 BOUNDLESS NETWORK Operating Supplies Community Center Admin 196118 380 VERIZON WIRELESS Pager&Cell Phone Park Maintenance 195861 376 SNAP-ON TOOLS Small Tools Fleet Operating 196050 375 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 196023 375 LASER QUIPT INC Equipment Repair&Maint Utility Operations-General 195979 371 GINA MAMAS INC Operating Supplies Fire 195902 370 US POSTMASTER Postage Customer Service 195926 367 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Operating 195891 367 WITT,BETH Mileage&Parking Aquatics&Fitness Admin 195743 366 BLOOMINGTON,CITY OF Kennel Services Animal Control 195822 352 MINNESOTA CLAY CO.USA Recreation Supplies Arts Center 195819 350 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie Village Liquor Store 195984 347 GRAPE BEGINNINGS Transportation Prairie View Liquor Store 196021 335 LAKE COUNTRY DOOR LLC Contract Svcs-Gener Fire Station#4 196147 327 ZEE MEDICAL SERVICE Operating Supplies Community Center Admin 195755 325 EDEN PRAIRIE CHAMBER OF COMMER Dues&Subscriptions Den Road Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit Explanation 196143 324 QWEST Telephone IT Telephone 195864 321 SQUEEGEE SQUAD Janitor Service-General Bldg Prairie View Liquor Store 195828 320 MN HTCIA Tuition Reimbursement/School Police 195783 319 INSTANT WHIP FOODS Merchandise for Resale Concessions 196046 310 MINNESOTA VALLEY ELECTRIC COOP Electric Traffic Signals 195759 309 EMEDCO Safety Supplies Fire 195795 306 KAISER MANUFACTURING INC Operating Supplies CC-Classes/Programs/Events SC 196142 302 MY GYM CHILDREN'S FITNESS CENT Instructor Service CC-Preschool Events 196017 300 KRAFT,MATTHEW E Other Contracted Services Winter Theatre 195733 297 AMERICA'S TEAM SALES,LLC Operating Supplies Ice Arena 196079 297 RAY,LEE Other Contracted Services Basketball 196146 294 WILSON,JOHN D. Mileage&Parking Police 196106 290 TRI COUNTY BEVERAGE&SUPPLY Misc Taxable Prairie View Liquor Store 195802 288 KUSTOM SIGNALS INC Equipment Repair&Maint Police 195789 287 JEFFERSON FIRE&SAFETY INC Small Tools Fire 195825 285 MINNESOTA WANNER COMPANY Equipment Parts Fleet Operating 196040 285 MIDWEST LOCK&SAFE Operating Supplies Ice Arena 195897 276 ZAHN,GERALD Other Contracted Services Volleyball 195851 275 PROSOURCE SUPPLY Supplies-General Bldg Outdoor Center Facilities 195839 264 PAPCO INC Janitor Service Community Center Maintenance 195788 263 J H LARSON COMPANY Supplies-Electrical City Hall-CAM 195829 262 MNFIAM BOOK SALES Training Supplies Fire 196105 260 TIRE TOWN INC Repair&Maint-Ice Rink Ice Arena Maintenance 196139 259 HALFMOON LLC Conference Expense Engineering 196038 250 MID-STATES ORGANIZED CRIME INF Dues&Subscriptions Police 195760 244 ENVIRONMENTAL RESOURCE ASSOCIA Laboratory Chemicals Water Treatment Plant 195852 241 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 196119 241 VINOANDES Transportation Den Road Liquor Store 195913 241 AMERIPRIDE LINEN&APPAREL SER Repair&Maint. Supplies Prairie View Liquor Store 196098 239 SUBURBAN TIRE WHOLESALE INC Equipment Parts Fleet Operating 196138 233 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police 195803 230 LANZI,BOB Mileage&Parking Ice Arena 195977 223 GE CAPITAL Other Rentals Customer Service 195936 222 BRW ENTERPRISES Wine Domestic Den Road Liquor Store 196072 220 PUCHALSKI,MARY Instructor Service Arts Center 196073 217 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 196136 215 AIR POWER EQUIPMENT CORPORATIO Contract Svcs-General Bldg Fire Station#3 195782 215 HYDRO-VAC INC Other Contracted Services Sewer System Maintenance 196110 215 UNIVERSITY OF MINNESOTA Conference Expense Storm Drainage 196111 215 UNIVERSITY OF MINNESOTA Conference Expense Storm Drainage 196112 215 UNIVERSITY OF MINNESOTA Conference Expense Storm Drainage 195964 213 DMX MUSIC Other Contracted Services Prairie View Liquor Store 195835 212 NORCOSTCO Operating Supplies Winter Theatre 195729 208 AIM ELECTRONICS Contract Svcs-Ice Rink Ice Arena Maintenance 195767 200 G&K SERVICES-MPLS INDUSTRIAL Other Rentals Park Maintenance 195763 200 FIREHOUSE MAGAZINE Dues&Subscriptions Fire 196121 200 VTI Equipment Repair&Maint Public Safety Communications 195951 199 COMPAR INC Other Hardware IT Operating 196058 194 NORTHERN AIR CORPORATION Contract Svcs-HVAC Park Shelters Check# Amount Vendor/Explanation Account Description Business Unit Explanation 196123 193 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 195838 189 OVEN HEARTH WHOLESALE BAKERY Merchandise for Resale Concessions 195859 186 SHAMROCK GROUP,INC-ACE ICE Transportation Den Road Liquor Store 195766 184 FOSTER,KATHERINE Other Contracted Services Volleyball 196022 184 LANO EQUIPMENT INC Equipment Parts Fleet Operating 195731 182 ALLEN,GARRY Accounts Receivable Community Center Admin 195875 180 UNIVERSITY OF MINNESOTA Tuition Reimbursement/School Fire 195962 180 DIRECTV Cable TV Community Center Admin 195745 174 BOYER TRUCKS Equipment Parts Fleet Operating 195740 173 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations-General 195967 172 EMERGENCY APPARATUS MAINTENANC Equipment Repair&Maint Fire 196047 171 MINNESOTA WANNER COMPANY Equipment Repair&Maint Park Maintenance 196030 169 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Operating 196085 168 SCHIPULL,JEFF Other Contracted Services Basketball 195785 166 IRMITER,JESSE Training Supplies Police 195868 166 TAYLOR,EMILY Instructor Service Arts Center 196114 165 USPCA REGION 12 Dues&Subscriptions Police 195956 161 CUSHMAN MOTOR COMPANY INC. Equipment Parts Fleet Operating 195775 161 HENNEPIN CO TAXPAYER SERVICES Software Maintenance IT Operating 195857 157 REED BUSINESS INFORMATION Legal Notices Publishing Storm Drainage 195934 157 BOURGET IMPORTS Transportation Den Road Liquor Store 195805 155 LASER QUIPT INC Equipment Repair&Maint Water Treatment Plant 195810 154 M.AMUNDSON LLP Misc Taxable Prairie Village Liquor Store 195820 152 MILLENNIUM FUNDING Operating Supplies Prairie View Liquor Store 196055 150 NEWTON,J.RANDALL Mileage&Parking Engineering 196062 150 PALMER,NICHOLAS Tuition Reimbursement/School Fire 195758 144 ELIASON,STEVE J Other Contracted Services Basketball 195798 144 KENNEDY,KAREN Other Contracted Services Basketball 195815 143 METRO FIRE Clothing&Uniforms Fire 195876 143 UNLIMITED SUPPLIES INC Equipment Parts Fleet Operating 195873 142 TWIN CITY FILTER SERVICE INC Equipment Parts Utility Operations-General 195823 140 MINNESOTA DEPT OF NATURAL RESO Operating Supplies Park Maintenance 195865 139 SRF CONSULTING GROUP INC Other Contracted Services Storm Drainage 195882 139 WEMYSS,SCOTT Protective Clothing Fire 195734 139 AMERIPRIDE LINEN&APPAREL SER Repair&Maint. Supplies Den Road Liquor Store 196086 127 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie Village Liquor Store 196107 125 TWIN CITIES ARMA Conference Expense City Clerk 195736 125 ANDERSON,MARLAN Operating Supplies Senior Center Administration 196060 124 OEDEKOVEN,KIMBERLY R Instructor Service Arts Center 195800 123 KOPATZ,TOM OR SHIRLEY AR Utility Water Enterprise Fund 195915 118 ANCHOR PRINTING COMPANY Advertising Prairie View Liquor Store 3765 113 OPTUM HEALTH FINANCIAL SERVICE Other Contracted Services Health and Benefits 196087 113 SHRED-IT Waste Disposal City Center Operations 196097 112 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 195905 112 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 196070 110 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical City Hall-CAM 195973 109 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance 195943 103 CASPER,AARON A Tuition Reimbursement/School Fire 195804 100 LARSONALLEN Conference Expense Finance Check# Amount Vendor/Explanation Account Description Business Unit Explanation 195814 100 MCCARTHY,ARDIS&BOB Accounts Receivable Community Center Admin 195917 100 ANDERSON,DENNIS Refunds Environmental Education 195924 100 BARTNIK,JULENE Refunds Environmental Education 195930 100 BIXBY,SHERRY Refunds Environmental Education 195941 100 CARVER COUNTY TREASURER Operating Supplies Police 195959 100 DAVIS,BRUCE Refunds Environmental Education 195991 100 HIEB,TIM AND KAREN Refunds Environmental Education 196000 100 IVERSON,MEGAN Refunds Environmental Education 196015 100 KING,KEN Refunds Environmental Education 196016 100 KLUM,MARY Refunds Environmental Education 196024 100 LAU,RENEE AND WADE Refunds Environmental Education 196032 100 MARTENS,JENNIFER Refunds Environmental Education 196052 100 NAKATANI,TAKAO Refunds Environmental Education 196081 100 REMPFER,VERNON Refunds Environmental Education 196084 100 ROSENGREN,BRIAN Refunds Environmental Education 196095 100 STOCKHAM,MARIA Refunds Environmental Education 196124 100 WARRICK,ROBERT Refunds Environmental Education 195948 99 CITY OF ST LOUIS PARK Conference Expense General Facilities 195818 96 MGWA Dues&Subscriptions Utility Operations-General 196126 91 WHITE,NICOLE Mileage&Parking Therapeutic Rec Administration 3756 91 VANCO SERVICES Miscellaneous Community Center Admin 195742 90 BLOOMINGTON SECURITY SOLUTIONS Other Contracted Services Fire 195753 90 DIRECTV Cable TV Community Center Admin 196145 90 THORPE DISTRIBUTING Beer Prairie Village Liquor Store 195937 88 BUCK,JOHN N Other Contracted Services Basketball 195989 85 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning 196036 81 MENARDS Building Materials Street Maintenance 195955 79 CULLIGAN BOTTLED WATER Operating Supplies Fire 195831 79 MOTOROLA Equipment Repair&Maint Public Safety Communications 195867 78 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 196082 77 REYNOLDS,RICHARD AR Utility Water Enterprise Fund 195928 76 BECKER ARENA PRODUCTS INC Repair&Maint-Ice Rink Ice Arena Maintenance 195965 75 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous City Council 196019 75 KRECH,TIM AND BRE Refunds Environmental Education 196044 70 MINNESOTA FIRE SERVICE CERTIFI Employment Support Test Fire 195774 66 HANSON,RUSS AND JUNE Accounts Receivable Community Center Admin 196059 64 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Operating 195976 64 FSH COMMUNICATIONS LLC Telephone Round Lake 195863 60 SPRINT Telephone Engineering 195832 60 MRPA Conference Expense Recreation Administration 195968 60 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 196137 60 BANK BEER CO Beer Prairie View Liquor Store 195869 57 TEEL,KERRY AR Utility Water Enterprise Fund 195762 56 FASTENAL COMPANY Small Tools Fleet Operating 195980 55 GOVERNMENT FINANCE OFFICERS AS Dues&Subscriptions Finance 195807 54 LINDAHL,DAVID Mileage&Parking Economic Development 195927 53 BEARING INDUSTRIAL&SUPPLIES Equipment Parts Water Treatment Plant 195777 53 HENNEPIN COUNTY TREASURER Licenses&Taxes Fleet Operating 195884 52 WILSON,JULIE Accounts Receivable Community Center Admin Check# Amount Vendor/Explanation Account Description Business Unit Explanation 195847 51 POWER SYSTEMS Equipment Parts Fleet Operating 195765 51 FLEET MAINTENANCE INC Equipment Repair&Maint Fleet Operating 195787 50 IVERSON,MARGARET Accounts Receivable Community Center Admin 195794 50 KADLEC,EVELYN Accounts Receivable Community Center Admin 195922 50 BAKKEN,LOREN Refunds Environmental Education 195987 50 GROSS,PATRICIA Refunds Environmental Education 196001 50 1WOMEN Dues&Subscriptions Fire 196003 50 JACOBSON,DALE Refunds Environmental Education 196013 50 JORGENSEN,ROGER Refunds Environmental Education 196078 50 RAMSEY,SANDRA AND DAWAYNE Refunds Environmental Education 195994 50 HOHENSTEINS INC Beer Den Road Liquor Store 195739 47 BERDAHL,KATHY Accounts Receivable Community Center Admin 195981 46 GRAFIX SHOPPE Equipment Parts Fleet Operating 195780 46 HENRY,PAUL Other Contracted Services Volleyball 195761 45 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store 195749 45 COMCAST Dues&Subscriptions Administration 195858 45 SCHERER BROTHERS LUMBER CO Equipment Parts Snow&Ice Control 195750 44 CROWN MARKING INC Office Supplies Organizational Services 195954 44 CUB FOODS EDEN PRAIRIE Training Supplies Police 195969 43 FASTENAL COMPANY Operating Supplies Traffic Signs 196002 42 J H LARSON COMPANY Supplies-Electrical City Hall-CAM 196135 42 YOCUM OIL COMPANY INC Motor Fuels Fleet Operating 195900 40 MSTMA Conference Expense Park Maintenance 195932 40 BOLD,PAULINE Instructor Service Outdoor Center 195992 40 HILL,ELEANOR&RAYMOND Deposits Community Center Admin 196034 40 MCGINTY,FRANK AND MARY Deposits Community Center Admin 195752 39 DEGENSTEIN,RUTH Accounts Receivable Community Center Admin 195874 35 UHL COMPANY Supplies-HVAC City Hall-CAM 195747 35 BUTLER,JOYCE Accounts Receivable Community Center Admin 196041 35 MINN OFFICE OF ENTERPRISE TECH Other Contracted Services Police 196057 32 NORGAARD,LOREN AR Utility Water Enterprise Fund 196094 32 STATE SUPPLY COMPANY Supplies-Plumbing City Hall-CAM 195778 25 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning 195907 25 AHO,BRAD Refunds Environmental Education 195925 25 BASILE,JULIE Refunds Environmental Education 195939 25 CARLIN,JAYME Refunds Environmental Education 195953 24 CROWN MARKING INC Office Supplies Police 195952 24 CORNER MARKING CO Miscellaneous Engineering 195796 24 KAUFMAN,INGRID Accounts Receivable Community Center Admin 195910 21 ALEX AIR APPARATUS INC Small Tools Fire 195909 20 ALDRITT,JOHN Deposits Community Center Admin 195918 20 ARLAND,WILLIAM Deposits Community Center Admin 195921 20 BACHMAN,HEATHER Deposits Community Center Admin 195923 20 BALLIE,LINDA Deposits Community Center Admin 195935 20 BROWN,DONALD Deposits Community Center Admin 195940 20 CARTWRIGHT,HELENE Deposits Community Center Admin 195942 20 CASE,RICHARD Deposits Community Center Admin 195950 20 CLARK,PRESTON Deposits Community Center Admin 195957 20 DAHLKE,KESSIA Deposits Community Center Admin Check# Amount Vendor/Explanation Account Description Business Unit Explanation 195958 20 DAHLKE,MEGAN Deposits Community Center Admin 195975 20 FRAGALE,SHIRLEY Deposits Community Center Admin 195988 20 GUST,JAMES Deposits Community Center Admin 195993 20 HJERMSTAD,TERI Deposits Community Center Admin 196010 20 JOHNSON,DONALD Deposits Community Center Admin 196011 20 JOHNSON,GERALD L Deposits Community Center Admin 196012 20 JOHNSON,JESSICA Deposits Community Center Admin 196027 20 LUBRATOVICH,MICHAEL Deposits Community Center Admin 196028 20 LUNDER,JENNIFER Deposits Community Center Admin 196029 20 LUNZER,CATHERINE Deposits Community Center Admin 196031 20 MAROLD,ROBERT Deposits Community Center Admin 196035 20 MEIER,CRYSTAL Deposits Community Center Admin 196051 20 MUIR,MARSHA Deposits Community Center Admin 196064 20 PASCH,EVERLY Deposits Community Center Admin 196066 20 PETRESCU,CATALIN Deposits Community Center Admin 196069 20 POFERL,CHRISTOPHER Deposits Community Center Admin 196071 20 PRINKKILA,LEE Deposits Community Center Admin 196080 20 REID,GWENDA Deposits Community Center Admin 196089 20 SNEER,JAMES Deposits Community Center Admin 196090 20 SPERA,PAMELA Deposits Community Center Admin 196099 20 SUNDELL,PAUL Deposits Community Center Admin 196101 20 TANUBRATA,RENDY Deposits Community Center Admin 196103 20 THORFINNSON,ALEXIS Deposits Community Center Admin 196115 20 VAN BROCKLIN,SALLY Deposits Community Center Admin 195799 20 KINDERMUSIK WITH KIM Instructor Service CC-Arts&Drama 195919 19 ARNDT,DALE Small Tools Fleet Operating 195737 17 ASPEN MILLS Clothing&Uniforms Police 195966 17 EGAN OIL COMPANY Equipment Parts Fleet Operating 196113 17 UPS Equipment Repair&Maint Public Safety Communications 195830 8 MOEN,TOM Accounts Receivable Community Center Admin 195880 8 VOLLMAR,DAVE Accounts Receivable Community Center Admin 2,584,229 Grand Total City of Eden Prairie Purchasing Card Payment Report 2/20/2010 Payment Amount Explanation Vendor Account Description Business Unit 237 US-Cleats MILLS FLEET FARM Operating Supplies Park Maintenance 115 US-Cleats NATIONAL SPORTS SUPPLY Operating Supplies Park Maintenance 52 US-Shop Cords MENARDS Repair&Maint.Supplies Sewer System Maintenance 45 US-DOT Inspector License MINNESOTA STATE PATROL Licenses,Permits,Taxes Fleet Operating 1,160 US-Parts-'04 Silverado Veh. ZUMBROTA BEARING&GEAR Equipment Parts Fleet Operating 82 US-Lunch N Learn CRUMB GOURMET DELI Operating Supplies Classes/Programs/Events 240 US-History Center Tickets MN HISTORICAL SOCIETY Special Event Fees Classes/Programs/Events 320 US-Playhouse Tickets PLYMOUTH PLAYHOUSE Special Event Fees Trips -20 US-Ticket Cancellation MN HISTORICAL SOCIETY Special Event Fees Classes/Programs/Events 1 US-Senior Center Movie REDBOX DVD Operating Supplies Classes/Programs/Events 270 US-Library Shelves-Sr.Ctr. MENARDS Capital Under$2,000 Senior Board 18 US-Office Supplies WALMART COMMUNITY Operating Supplies Senior Center Administration 40 US-Playhouse Tickets PLYMOUTH PLAYHOUSE Special Event Fees Trips 187 US-History Ctr Food Order BON APPETIT CATERING Special Event Fees Trips 24 US-Senior Ctr Supplies WALMART COMMUNITY Operating Supplies Senior Center Administration 100 US-Playhouse Luncheon PLYMOUTH PLAYHOUSE Operating Supplies Trips 174 US-B-Day Party Supplies ORIENTAL TRADING Operating Supplies Senior Center Administration 41 US-Meeting Supplies CUB FOODS EDEN PRAIRIE Operating Supplies Internal Events 13 US-Office/Meeting Supplies CUB FOODS EDEN PRAIRIE Operating Supplies Senior Center Administration 35 US-Green Expo Lunch KEYS CAFE Conference Expense Park Maintenance 41 US-Hydrant Flush Maps MICHAELS-THE ARTS&CRAFTS S Office Supplies Water System Maintenance 34 US-Hydrant Flush Maps MICHAELS-THE ARTS&CRAFTS S Office Supplies Water System Maintenance 1,050 US-WaterConf-6 Employees MINNESOTA RURAL WATER ASSOCIAT Conference Expense Utility Operations-General 525 US-Class-Justin Netzer UNIVERSITY OF MINNESOTA Conference Expense Utility Operations-General 89 US-Fuel for Loader#118 SUPERAMERICA Motor Fuels Fleet Operating 10 US-Green Expo Parking MPLS-ST PAUL INT'L AIRPORT Conference Expense Park Maintenance 103 US-Storm Stand-by Food BUCA Operating Supplies Fire 1,401 US-Train.DVD's for Chief 3 DIGITAL COMBUSTION INC Training Supplies Fire 188 US-Post-It Easel Pads OFFICE DEPOT CREDIT PLAN Training Supplies Fire 77 US-CitizenRecognitionCake BYERLYS Operating Supplies Fire 272 US-Officers'Train.Station4 BUCA Operating Supplies Fire 101 US-Fire Educ Conf-M Stein COUNTRY INN&SUITES Travel Expense Fire 101 US-FireEducConf-Gandred COUNTRY INN&SUITES Travel Expense Fire 16 US-Green Expo Parking MPLS-ST PAUL INT'L AIRPORT Mileage&Parking Park Maintenance 284 US-Officer Training Books BARNES&NOBLE Training Supplies Fire 151 US-Holiday Stand-by Crew RUBY TUESDAY Operating Supplies Fire 102 US-Holiday Stand-by Crew RUBY TUESDAY Operating Supplies Fire 200 US-Annual Renewal Fee SURVEYMONKEY.COM Dues&Subscriptions Fire 47 US-Fuel-MFSCA Meeting HOLIDAY STATION STORES INC Operating Supplies Fire 377 US-Fire Service Seminar UNITED AIR Travel Expense Fire 35 US-Conference-R.Herron URBAN LAND INSTITUTE Conference Expense Planning 265 US-Member.Dues-S.Kipp AMERICAN PLANNING ASSN Dues&Subscriptions Planning 39 US-Notary-Lori Creamer CROWN MARKING INC Operating Supplies Planning 40 US-Membership Dues HTCIA Tuition Reimbursement/School Police 16 US-Green Expo Parking MPLS-ST PAUL INT'L AIRPORT Conference Expense Park Maintenance 32 US-Green Expo Lunch-(2) SPIKE'S SPORTS BAR Conference Expense Park Maintenance 27 US-Shop Supplies SEARS EDEN PRAIRIE Operating Supplies Park Maintenance 24 US-Irrigation Supplies CIRCUIT SPECIALISTS INC Repair&Maint.Supplies Park Maintenance 44 US-Irrigation Supplies RADIO SHACK Repair&Maint.Supplies Park Maintenance 42 US-Irrigation Supplies WINFORD ENGINEERING,LLC Repair&Maint.Supplies Park Maintenance 81 US-Irrigation/Shop Supplies HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Park Maintenance 28 US-Irrigation Supplies HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Park Maintenance 22 US-Irrigation Supplies RADIO SHACK Repair&Maint.Supplies Park Maintenance 22 US-Arator Cable Ends WINFORD ENGINEERING,LLC Operating Supplies Park Maintenance 75 US-Membership Dues INTERNATIONAL ASSOCIATION OF A Dues&Subscriptions Fire 129 US-SCADA Kit BEST BUY Equipment Parts Water Treatment Plant 38 US-SLUC Conference SENSIBLE LAND USE COALITION Conference Expense Community Development Admin. 33 US-Mtg w/TOLD Develop. SANTORINIS Miscellaneous Community Development Admin. 1,606 US-Exhaust Hose CAR-MON Safety Supplies Fleet Operating 136 US-Ice Saw REDROCKSTORE.COM Operating Supplies Park Maintenance 50 US-APA-DuesK.Hoogenakker 123 SIGNUP.COM Dues&Subscriptions Human Resources 160 US-SHRM Dues-C.Ruzek SOCIETY FOR HUMAN RESOURCE MAN Dues&Subscriptions Human Resources 120 US-Ceridian Kick-Off Treats BLAIRCANDY.COM Other Contracted Services Organizational Services 948 US-Train.-J.Klemp/C.Ruzek EMPLOYERS ASSOCIATION INC Conference Expense Human Resources 42 US-SCBA Meeting-3 Empl. RUBY TUESDAY Operating Supplies Fire 40 US-UB Online Processing PAYPAL INC Bank and Service Charges Utility Operations-General 40 US-UB-Recurr.Credit Cards PAYPAL INC Bank and Service Charges Utility Operations-General 40 US-E-permit Web Security PAYPAL INC Equipment Repair&Maint IT Operating 2,640 US-12/09 Bldg Surcharge DEPT OF LABOR&INDUSTRY Building Surcharge General Fund 401 US-12/09 Bldg Surcharge DEPT OF LABOR&INDUSTRY Mechanical Surcharge General Fund Amount Explanation Vendor Account Description Business Unit 96 US-12/09 Bldg Surcharge DEPT OF LABOR&INDUSTRY Plumbing Surcharge General Fund -63 US-12/09 Bldg Surcharge DEPT OF LABOR&INDUSTRY Other Revenue General Fund 15 US-January GFOA Meeting MINNESOTA GFOA Conference Expense Finance 15 US-Liquor Store Move Crew CUB FOODS EDEN PRAIRIE Operating Supplies Prairie View Liquor Store 60 US-Membership Renewal MINNESOTA GFOA Dues&Subscriptions Finance 30 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 20 US-Food for Café KOWALSKPS MARKET Merchandise for Resale Concessions 63 US-Food for Café RAINBOW FOODS INC. Merchandise for Resale Concessions 17 US-Food for Café CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 30 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 35 US-Food for Café RAINBOW FOODS INC. Merchandise for Resale Concessions 40 US-Food for Café FRESH SEASONS MARKET Merchandise for Resale Concessions 39 US-Pop for Café TARGET Merchandise for Resale Concessions 11 US-Office Supplies TARGET Operating Supplies Ice Arena 168 US-Proshop Vending SPORTS WORLD USA INC Merchandise for Resale Concessions 158 US-Food for Café RAINBOW FOODS INC. Merchandise for Resale Concessions 23 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 26 US-Food for Café FRESH SEASONS MARKET Merchandise for Resale Concessions 105 US-Food for Café RAINBOW FOODS INC. Merchandise for Resale Concessions 37 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 162 US-Food for Café RAINBOW FOODS INC. Merchandise for Resale Concessions 87 US-Food for Café CUB FOODS EDEN PRAIRIE Miscellaneous Concessions 20 US-Office Supplies OFFICEMAX CREDIT PLAN Operating Supplies Ice Arena 48 US-Food for Café CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 30 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 126 US-Food for Café RAINBOW FOODS INC. Merchandise for Resale Concessions 58 US-Food for Café FRESH SEASONS MARKET Merchandise for Resale Concessions 1,490 US-Skates for Rental SPORTS WORLD USA INC Operating Supplies Ice Arena 30 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 37 US-Food for Café CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 28 US-Food for Café CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 24 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 596 US-Supplies for Café SUPERIOR PRODUCTS MFG CO Operating Supplies Concessions 26 US-Food for Café FRESH SEASONS MARKET Merchandise for Resale Concessions 29 US-Food for Café CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 426 US-Signs for Café DISPLAYS2GO Operating Supplies Concessions 37 US-Food for Café CRUMB GOURMET DELI Operating Supplies Concessions 82 US-Food for Café RAINBOW FOODS INC. Merchandise for Resale Concessions 79 US-Food for Café CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 30 US-Food for Café FRESH SEASONS MARKET Merchandise for Resale Concessions 162 US-Health License for Café HENNEPIN COUNTY TREASURER Licenses,Permits,Taxes Concessions 388 US-Pool License HENNEPIN COUNTY TREASURER Licenses,Permits,Taxes Pool Lessons 30 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 26 US-Food for Café FRESH SEASONS MARKET Merchandise for Resale Concessions 18 US-Food for Café FRESH SEASONS MARKET Merchandise for Resale Concessions 10 US-Wood Shelf HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Sewer System Maintenance 27 US-Tools for Shop NAPA AUTO PARTS Small Tools Sewer System Maintenance 15 US-Tools for Shop NAPA AUTO PARTS Small Tools Sewer System Maintenance 402 US-Tools for Shop SEARS EDEN PRAIRIE Small Tools Sewer System Maintenance 750 US-Business Data Base IMAGEWERKS MARKETING INC Other Contracted Services Economic Development -354 US-Wrong Amt Charged IMAGEWERKS MARKETING INC Other Contracted Services Economic Development 105 US-Seminar Registration COLLABORATIVE,THE Other Contracted Services Economic Development 365 US-Membership Renewal ECONOMIC DEVELOPMEMNT ASSOCIAT Other Contracted Services Economic Development 63 US-Sunshine Fund BACHMANS CREDIT DEPT Deposits Escrow 211 US-Council Workshop Food JASON'S DELI Miscellaneous City Council 53 US-Sunshine Fund BACHMANS CREDIT DEPT Deposits Escrow 105 US-Seminar Registration COLLABORATIVE,THE Miscellaneous Administration 53 US-Sunshine Fund BACHMANS CREDIT DEPT Deposits Escrow 8 US-Blog TIGER TECHNOLOGIES Software IT Operating 38 US-Legislative Session SENSIBLE LAND USE COALITION Miscellaneous Community Development Admin. 53 US-Sunshine Fund BACHMANS CREDIT DEPT Deposits Escrow 53 US-Sunshine Fund BACHMANS CREDIT DEPT Deposits Escrow 18 US-Friends of Art Ctr Mtg JJ'S COFFEE COMPANY&WINE BAR Miscellaneous Arts Center 409 US-Welding Supplies TOLL GAS AND WELDING SUPPLY Repair&Maint.Supplies Sewer System Maintenance 105 US-WashBay Tank Sprayer GRAINGER Small Tools Sewer System Maintenance 634 US-Peg Board and Tools C&H DISTRIBUTORS,LLC Small Tools Sewer System Maintenance 13 US-Shop Supplies MENARDS Repair&Maint.Supplies Sewer System Maintenance 153 US-Shop Supplies NORTHERN TOOL&EQUIPMENT Small Tools Sewer System Maintenance 47 US-Wood Shop Supplies HOME DEPOT CREDIT SERVICES Operating Supplies Traffic Signals 47 US-Scale for Weighing Salt OFFICE DEPOT CREDIT PLAN Equipment Parts Snow&Ice Control 5 US-Measure-Salt Moisture SEARS EDEN PRAIRIE Operating Supplies Street Maintenance 2 US-Truck160 Prewater Part HOME DEPOT CREDIT SERVICES Equipment Parts Snow&Ice Control 15 US-Brine Maker Repair Part HOME DEPOT CREDIT SERVICES Equipment Parts Snow&Ice Control 20 US-Brine Maker Repair Part HOME DEPOT CREDIT SERVICES Equipment Parts Snow&Ice Control Amount Explanation Vendor Account Description Business Unit 12 US-Brine Maker Repair Part HOME DEPOT CREDIT SERVICES Equipment Parts Snow&Ice Control 40 US-Boiler License-L.Paige DEPARTMENT OF LABOR AND INDUST Licenses,Permits,Taxes Utility Operations-General 45 US-Boiler License-K.Carlson DEPARTMENT OF LABOR AND INDUST Licenses,Permits,Taxes Utility Operations-General 145 US-Office Supplies OFFICEMAX CREDIT PLAN Office Supplies Water Treatment Plant 525 US-Water Mgmt-K.Horgan UNIVERSITY OF MINNESOTA Tuition Reimbursement/School Water Treatment Plant 525 US-Water Mgmt-K.Carlson UNIVERSITY OF MINNESOTA Tuition Reimbursement/School Water Treatment Plant 44 US-Press Repair Supplies TECH CENTER Equipment Repair&Maint Water Treatment Plant -525 US-Cancellation-K.Carlson UNIVERSITY OF MINNESOTA Tuition Reimbursement/School Water Treatment Plant 19 US-LLMC Confer.Dinner RADISSON HOTEL Conference Expense City Clerk 9 US-LLMC Confer.Lunch RADISSON HOTEL Conference Expense City Clerk 159 US-LLMC Confer Motel RADISSON HOTEL Travel Expense City Clerk 29 US-History Project-Police STOREPHOTOS.COM Operating Supplies Police 195 US-Shipping Gun-C.Wood FEDEX Training Supplies Police 24 US-Shop Supplies NORTHERN TOOL&EQUIPMENT Operating Supplies Street Maintenance 19 US-Cold Mix Cover MENARDS Repair&Maint.Supplies Water System Maintenance 48 US-Truck Windshield Wash HOME DEPOT CREDIT SERVICES Lubricants&Additives Sewer System Maintenance 19 US-2 Leaks-Crew Dinner ARBY'S Operating Supplies Water System Maintenance 138 US-No-School Day Activity STAGES THEATRE COMPANY Special Event Fees Arts Center 4 US-Art on City Wall Party TARGET Operating Supplies Arts 18 US-Book for Snowy Day BARNES&NOBLE Operating Supplies Arts Center 236 US-Clay for Pottery Classes CONTINENTAL CLAY COMPANY Operating Supplies Arts Center 263 US-Photo Printing Display WHITE HOUSE CUSTOM COLOUR Printing Recreation Administration 109 US-Pottery Studio Supplies AMAZON.COM Operating Supplies Art Center 10 US-Children Classes Suppl. DOLLAR TREE STORES,INC. Operating Supplies Arts Center 114 US-Safety Glasses J.RING GLASS STUDIO Operating Supplies Arts Center 35 US-Audition Advertising PAYPAL INC Advertising Winter Theatre 40 US-Pottery Studio Supplies HOME DEPOT CREDIT SERVICES Operating Supplies Arts Center 86 US-Ink for Art Ctr Printer OFFICEMAX CREDIT PLAN Operating Supplies Arts Center 26 US-Pottery Studio Plastic HOME DEPOT CREDIT SERVICES Operating Supplies Arts Center 125 US-Safety Glasses J.RING GLASS STUDIO Operating Supplies Arts Center 13 US-Storage Boxes TARGET Operating Supplies Arts Center 66 US-Art Supplies-Senior Ctr. TRIARCO Operating Supplies Senior Center Administration 125 US-Pickle Ball Supplies PICKLEBALLCENTRAL.COM Operating Supplies CC-Classes/Programs/Events SC 94 US-Birday Party Supplies TARGET Operating Supplies Birthday Parties 20 US-Play Care Supplies TARGET Operating Supplies Day Care 5 US-Notebook TARGET Office Supplies Community Center Admin 33 US-Play Care Supplies WALMART COMMUNITY Operating Supplies Day Care 20 US-Birday Party Supplies WALMART COMMUNITY Operating Supplies Birthday Parties 18 US-Staff Appreciation EDEN PRAIRIE COMMUNITY CENTER Employee Award Community Center Admin 309 US-Locker Rm Key Blans ABKE ENTERPRISE LLC Operating Supplies Community Center Admin 596 US-Member Picture Suppl. ID WHOLESALER Video&Photo Supplies Community Center Admin 40 US-Tot Time Gym Toys ONCE UPON A CHILD Operating Supplies Gymnasium(CC) 249 US-Gym Basketballs ANTHEM SPORTS,LLC Operating Supplies Gymnasium(CC) 22 US-Pickle Ball Supplies S-TYPE SPORTS.COM Operating Supplies CC-Classes/Programs/Events SC 28 US-Key Tag Safety Pins AMAZON.COM Operating Supplies Community Center Admin 200 US-Display Signs DISPLAYS2GO Supplies- Asphalt/Concrete Community Center Maintenance 224 US-Display Signs DISPLAYS2GO Repair&Maint.Supplies Ice Arena Maintenance 32 US-Display Signs DISPLAYS2GO Supplies- Asphalt/Concrete Pool Maintenance 104 US-Display Signs DISPLAYS2GO Repair&Maint.Supplies 3rd Sheet of Ice 25 US-B'day Party Supplies WALMART COMMUNITY Operating Supplies Birthday Parties 33 US-Play Care Supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Day Care 63 US-B'day Party Supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Birthday Parties 70 US-Afternoon with Bunny ORIENTAL TRADING Operating Supplies Special Events(CC) 53 US-Easter Supplies ORIENTAL TRADING Operating Supplies Day Care 40 US-Food for Café RAINBOW FOODS INC. Merchandise for Resale Concessions 171 US-Food for Café RAINBOW FOODS INC. Merchandise for Resale Concessions -34 US-Tax Refund for Subscrip PRICEWATERHOUSECOOPERS LLP Prepaid Expenses General Fund 75 US-MAAO Dues-S.Sinell MAAO Dues&Subscriptions Assessing 75 US-MAAO Dues-J.Sams MAAO Dues&Subscriptions Assessing 75 US-MAAO Dues-C.Schmidt MAAO Dues&Subscriptions Assessing 75 US-MAAO Dues-J.Carlson MAAO Dues&Subscriptions Assessing 75 US-MAAO Dues-D.Buswell MAAO Dues&Subscriptions Assessing 75 US-MAAO Dues-B.Cook MAAO Dues&Subscriptions Assessing 120 US-Diesel Fuel-Vehicle 117 SUPERAMERICA Motor Fuels Fleet Operating 343 US-Outdoor Ctr Trip ROWE SANCTUARY Operating Supplies Outdoor Center 10 US-Green Expo Parking MPLS-ST PAUL INT'L AIRPORT Conference Expense Park Maintenance 78 US-Green Expo Lunch-(5) SPIKE'S SPORTS BAR Conference Expense Park Maintenance 3,353 US-Fire Station Furniture ASHLEY FURNITURE Capital Under$2,000 Furniture 52 US-Office Supplies OFFICE DEPOT CREDIT PLAN Repair&Maint.Supplies City Center Operations 54 US-Pizza-Family Bingo DOLLAR TREE STORES,INC. Operating Supplies SC-Special Events&Trips 70 US-Pizza-Family Bingo PIZZA HUT Operating Supplies SC-Special Events&Trips 60 US-Pizza-Family Bingo PIZZA HUT Operating Supplies SC-Special Events&Trips 162 US-Sesame Street Tickets TARGET CENTER Special Event Fees Special Events&Trips 59 US-Crawl Tunnel FLAGHOUSE Recreation Supplies Fall Skill Development Amount Explanation Vendor Account Description Business Unit 28 US-Ice Event-Juice Cups TARGET Operating Supplies Special Initiatives 2,461 US-Kidnastic Folding Mats FLAGHOUSE Recreation Supplies Fall Skill Development 131 US-Father/Daughter Dance DISCOUNT SCHOOL SUPPLY Operating Supplies Special Events&Trips 113 US-Sweetheart Dance TARGET Operating Supplies Special Events&Trips 349 US-Kdnastics BalanceBeam FLAGHOUSE Recreation Supplies Fall Skill Development 14 US-Development Workshop JO-ANN FABRIC Operating Supplies Youth Programs Administration 111 US-PrairieFest Regathering PIZZA HUT Operating Supplies Youth Programs Administration 25 US-Sweetheart Dance TARGET Operating Supplies Special Events&Trips 55 US-Valentine Dance Suppl. PARTY CITY Operating Supplies Special Events&Trips 55 US-Summer Craft Supplies PARTY CITY Operating Supplies Playgrounds 59 US-Development Workshop PARTY CITY Operating Supplies Youth Programs Administration 75 US-DOT License MINNESOTA STATE PATROL Licenses,Permits,Taxes Fleet Operating 84 US-Around Town Tickets STAGES THEATRE COMPANY Special Event Fees Around Town 40 US-Sno Program Supplies TARGET Operating Supplies SC-Teen Programs 90 US-3 Stretching Charts POWER SYSTEMS Operating Supplies Fitness Center 461 US-Exercise Dumbell Discs SWIMOUTLET.COM Operating Supplies Fitness Classes 170 US-Indoor Agility Ladder POWER SYSTEMS Operating Supplies Fitness Classes 586 US-Lifeguard Train.Books STAYWELL COMPANY,THE Operating Supplies Pool Lessons 39 US-Chart Frames TARGET Operating Supplies Aquatics&Fitness Admin 233 US-Water Exercise Supplies SPRINTAQUATICS.COM Operating Supplies Fitness Classes 4 US-Equipment Numbers FRATTALLONE'S/MINNETONKA ACE Operating Supplies Fitness Center 15 US-Fitness Training Book AMERICAN COUNCIL ON EXERCISE Training Supplies Fitness Classes 71 US-CPR Supplies KIEFER SPORTS GROUP Operating Supplies Pool Lessons -11 US-Return of Frame TARGET Operating Supplies Aquatics&Fitness Admin 7 US-Admn Supplies TARGET Operating Supplies Aquatics&Fitness Admin 50 US-Career Fair Regis. MINNESOTA STATE UNIVERSITY Tuition Reimbursement/School Police 625 US-Conference-J.Claeys PAYPAL INC Tuition Reimbursement/School Police 347 US-12 Medical Tourniquets RESCUE ESSENTIALS Operating Supplies Police 190 US-Motel-Conf-J.Claeys HILTON HOTELS Tuition Reimbursement/School Police 262 US-AirFare Conf-J.Claeys DELTA AIR Tuition Reimbursement/School Police 20 US-Agent Fee DELTA AIR Tuition Reimbursement/School Police 86 US-Weapon Maint.Supplies BIRCHWOOD CASEY SPORTING GOODS Training Supplies Police 256 US-ERU Equipment U.S.TACTICAL SUPPLY Capital Under$10,000 Police 644 US-ERU Equipment CABELAS.COM Capital Under$2,000 Police 64 US-Weapon Repair Equip. NORTHERN TOOL&EQUIPMENT Training Supplies Police 62 US-Uniform Equipment CROSSBREEDHOLSTERS.COM Clothing&Uniforms Police 350 US-Training-P.Kenyon DEFENSIVE EDGE TRAINING CORP Tuition Reimbursement/School Police 15 US-Weapon Maint.Supplies WALMART COMMUNITY Training Supplies Police 350 US-Training-Matt Mohn DEFENSIVE EDGE TRAINING CORP Tuition Reimbursement/School Police 338 US-Career Fair Regis. PAYPAL INC Tuition Reimbursement/School Police 100 US-Training-Matt Mohn ATOM Tuition Reimbursement/School Police 350 US-Training-Jesse limiter ATOM Tuition Reimbursement/School Police 280 US-Collaboration Bulb PROJECTORQUEST Computers IT Operating 69 US-Software WEBEX COMMUNICATIONS Computers IT Operating -269 US-Return Bulb less Ship. PROJECTORQUEST Computers IT Operating 139 US-Prairie Rm Conf.Phone HORIZON DATACOM SOLUTIONS INC Equipment Repair&Maint IT Operating 4 US-Mtg w/Ginger Venable CARIBOU COFFEE Miscellaneous City Council 5 US-Mtg w/Kelly Lindquist STARBUCKS COFFEE Miscellaneous City Council 4 US-Mtg w/Bob Wentzel CARIBOU COFFEE Miscellaneous City Council 15 US-Parts HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Sewer Liftstation 32 US-Tools MENARDS Small Tools Sewer Liftstation 7 US-Parts GRAINGER Equipment Parts Sewer Liftstation 66 US-Tools OLSEN CHAIN&CABLE Small Tools Sewer Liftstation 43,620 Report Total CITY COUNCIL AGENDA DATE: March 23, 2010 SECTION: Petitions, Requests & Communications DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XII.A. Community Development/Planning Appeal of Final Order 2009-14 Janet Jeremiah Requested Action • Move to: Approve Final Order 2009-14. Synopsis On March 9, 2010, the City Council reviewed a request from Pemtom Land Company to appeal the decision of the Planning Commission. The City Council set a hearing date for March 23, 2010. Background Information Prior to issuing a permit to alter lands, the applicant is required to provide a tree replacement plan and a surety in an amount equal to 150% of the cost of the tree replacement. The City retains the surety for two full growing seasons. The surety is released after inspection provided the trees are alive and planted in conformance with the approved plan. Replacement trees are required to be planted within 18 months of the issuance of a land alteration permit. Reasons for granting the variance to allow trees to be replaced within 3 years of the granting of a land alteration permit are: • There is no water at the site. • There is room to replace trees but they may have to be relocated based on a final development plan and grading plan for the property. • The grading is proposed to be completed within 2 years. It is not possible to plant trees within the required 18 month period. Planning Commission Recommendation: On February 22, 2010 the Planning Commission voted 3-2 to deny the Final Order 2009-14. Attachments 1. Variance staff report 2. Location map 3. Land Use map 4. Zoning map 5. Final Order 2009-14 6. Planning Commission Minutes 7. Letter to Residents STAFF REPORT TO: Planning Commission FROM: Michael Franzen, City Planner DATE: February 18, 2010 SUBJECT: Variance request#2009-14 APPLICANT/ Pemtom, Dan Herbst OWNER: LOCATION: 9735 Eden Prairie Road REQUEST: • A variance from Section 11.55 Subd. 4 (D) that requires replacement trees to be planted within 18 months from the date of issuance of a land alteration permit. TREE REPLACMENT Tree replacement is required by city code. Replacement applies to trees removed that are 12 inches or greater in diameter for shade trees and 8 inches or greater in diameter for conifer trees. Trees are replaced according to a formula as a percentage of the diameter inches of trees removed. Prior to issuing a permit to alter lands, the applicant is required to provide a tree replacement plan and a surety in an amount equal to 150% of the cost of the tree replacement. The City retains the surety for two full growing seasons. The surety is released after inspection provided the trees are alive and planted in conformance with the approved plan. Replacement trees are required to be planted within 18 months of the issuance of a land alteration permit. UNDUE HARDSHIP Undue hardship is a legal standard established by statute that cities must apply when considering applications for variances. It is a three factor test and applies to all variances. To constitute a hardship all three factors of the test must be satisfied. Staff Report—Variance #2009-14 February 18, 2010 Page 2 REASONABLE USE OF THE PROPERTY The first factor is that the property cannot be put to a reasonable use without the variance. This means that a landowner would like to use the property in a particular way but cannot do so under the rules of the ordinance. It does not mean that the land cannot be put to any reasonable use without the variance. It is reasonable to replace trees on property. UNIQUE CIRCUMSTANCES The second factor is a unique circumstance, meaning the problem is due to circumstances unique to the property not caused by the current land owner. • There is no water at the site. • There is room to replace trees but they may have to be relocated based on a final development plan and grading plan for the property. • The grading is proposed to be completed within 2 years. It is not possible to plant trees within the required 18 month period. NEIGHBORHOOD CHARACTER The third factor is the granting of the variance should not alter the character of the neighborhood. Under this factor consider whether the resulting structure will be out of scale, out of place, or otherwise inconsistent with the surrounding area. Tree replacement has occurred within all of the phases of Hennepin Village. Tree replacement on this site would be consistent with the character of the area. REQUESTED COMMISSION ACTION The Commission may wish to choose from one of the following actions: 1. Continue Variance Request#2009-14 if additional information is needed. 2. Approve Final Order# 2009-14: 2. Approve Final Order#2009-14 with modifications. 3. Deny Final Order #2009-14. Area Location Map - Variance #2009-14 Address: 9735 Eden Prairie Road, Eden Prairie, MN 55347 *r c c* w.t41 O• E II&_ 1 %1i *4 I 1 0 ,,s4 4 , roo.- 41 red i 1 — Ili II F A I 1 or �� Eden Prairie Road , 4116 am SITEwfr/1/' Spring Road =I ii b ;O/ .�� *4•.sa.I/ Beverly Drive i_ III■ D+\���` ;\+I�/� I a �iii� ��i:.•• k 1 61 N 4 Grass Lake Little Rice Lake No Scale \ / — \-._ Guide Plan Map Variance #2009-14 9735 Eden Prairie Road, Eden Prairie MN 55347 'IntrioAMIW i I Pik itElmmil IL, r 4 .uul=al 1/ loo,will lib til Ili iii le, nv-v- Eden Prairie Road , _-H2 =r. ==l0-1% \IRV in --- m. .----( ' `\+�p������►�►mmnll `\,/'�,, 41 r MI / i ;171; I _. sir pt_ 10*4 i Spring Road Hi _�l_�i`/.`. rrri % W (_ DriveIIIIIIIIIIIII 41111111110 ifilfa lama. it111111,t,_Ammligra 411, Flying Cloud Drive 111 Grass Lake I—I Rural Residential.10 Units/Acre =Industrial I I Public/Quasi-Public—Airport Property =Low Density Residential 1-2.5 Units/Acre ll Neighborhood Commercial I—I Golf Course —MUSA line =Medium Densityresidential 2.5-10 Units/Acre —Creeks �Community Commercial �Church/Cemetery =High Density Residential 10-40 Units/Acre =Regional Commercial I—I Open Water =Principal Arterial RP I—I Office =Town Center 0 Right-Of-Way —A Minor Arterial EE N,ry L' Airport Park/Open Space B Minor Arterial U -Major Collector PRAIRIE -Minor Collector N _. No Scale Zoning Map Variance #2009-14 9735 Eden Prairie Road, Eden Prairie MN 55347 . mo. witir 11■i 1 !gill111"/ 'I 10.-*.... Vial e.8 A ki 1 Lib iis NO . . r progli__jp, _ illi \\-, igialligi. 7 Eden Prairie Road i 67, 4147-4... ..immop-mo% 41 imillil 07 IShhh. fp I-___ MI rial VIIII �? 31 - t ��� - I IIIII��� ii:e.;:....:.... ir, _ NZ:0' gpreaterlirk 110 Ell SITE PM yip _ z ll ll. 1111 ' 11161--------- 2 2 7 Spring Road 'lllllll�I + "...I - - Beverly Drive a _I1111111='I Iry in ' 4--- 4.-4Mitfre -_lllllic_III � 1511 IIIlllmilllll IIMMMF r i.;r Flying Cloud Drive • . 5'')_. •M1� 'S5.55 .__ .___r 7'' City o Eden Prairie Zoning Map I i r r Rural -Regional Commercial Shoreland Management Classifications N R1-44 One Family-44,000 sf.min. I 1 TC-C I NE I Natural Environment Waters R1-22 One Family-22,000 sf min. I TC-R I RD I Recreational Development Waters R1-13.5 One Family-13,500 sf min. Q TC-MU I GD I General Development Waters(Creeks Only) ''t * !, ,0 R1-9.5 One Family-9,500 sf min. Industrial Park-2 Acre Min, ® 100- Year Floodplain RM-6.5 Multi-Family-6.7 U.P.A.max. Industrial Park- 5Acre Min. EDEN Up dated through approved Ordinances#26-2008 - RM-2.5 Multi-Family-17.4 U.P.A.max.gri General Industrial-5 Acre 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 meaae nrdiacrepeney re atedroaandn9 elaaa ecaeen nn mla:nan9 map.ne omina pe tiw.a 8K•G8EA61 0 and attached legal description on file at Eden Prairie Cj r.Cs pSwill prevail. 0.7 -Community Commercial Water Jj 4J -Highway Commercial Right of Way - Miles Regional Service Commercial VARIANCE#2009-14 CITY OF EDEN PRAIRIE CITY COUNCIL FINAL ORDER Applicant: Pemtom Land Company ADDRESS: Mr. Daniel Herbst Pemtom Land Company 7997 Anagram Drive Eden Prairie, MN 55344 OTHER DESCRIPTION: VARIANCE REQUEST: A variance from Section 11.55 Subd. 4 (D) that requires replacement trees to be planted within 18 months from the date of issuance of a land alteration permit. The City Council at a regular meeting thereof duly considered the above petition and after hearing and examining all of the evidence presented and the file therein does hereby find and order as follows: 1. All procedural requirements necessary for the review of said variance have been met. (Yes X No N/A). 2. There are circumstances unique to the property under consideration, and granting such variances does not violate the spirit and intent of the City's Zoning and Platting Code. 3. Variance Request# 2009-14 is herein(check appropriate box) Approved Deniedn 4. Conditions to the Granting of said variance are as follows: See Attached Exhibit A 5. Findings to the denial of said variance are as follows: See Attached Exhibit B CITY COUNCIL N/A=Not Applicable BY: Phil Young, Mayor Date Exhibit A: Findings and Conditions For Approval Approve Variance Request#2009-14 as submitted with the following findings and conditions: Findings: • It is reasonable to replace trees on property. • There is no water at the site. • There is room to replace trees,but they may have to be relocated based on a final development plan and grading plan for the property. • The grading is proposed to be completed within 2 years. It is not possible to plant trees within the required 18 month period. • Tree replacement on this site would be consistent with the character of the area. Conditions: • Provide a tree replacement plan and surety for tree replacement prior to the issuance of a land alteration permit. Approve Variance Request# 2009-14 with modifications. Exhibit B: Findings for denial Deny Variance Request#2009-14 • A hardship has not been sufficiently substantiated to warrant granting of a variance request. Alternatives exist to meet code. APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, FEBRUARY 22, 2010 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 I. PLEDGE OF ALLEGIANCE—ROLL CALL Chair Stoltz called the meeting to order at 7:00 p.m. Absent: Kirk, Martin, Rocheford and Wuttke. II. APPROVAL OF AGENDA MOTION by Schultz, seconded by Lechelt, to approve the agenda. Motion carried 5-0. C. Variance 2009-14 by Pemtom Land Company Location: 9735 Eden Prairie Road and surrounding area Request for: • A variance from Section 11.55 Subd. 4 (D)that requires replacement trees to be planted within 18 months from the date of issuance of a land alteration permit to require replacement trees to be planted within 36 months from the date of issuance of a land alteration permit. Mr. Herbst stated he would like to see a compromise on the tree deal to work out with Staff to leave as many trees on site, but take some down that need to be taken down. Stoltz asked Franzen to review the staff report. Franzen stated City Code requires a three step undue hardship test based on reasonable use of the property, unique circumstances, and neighborhood character. Staff states they meet the three step test. Stoltz opened the meeting up for public input. There was no input. Lechelt said this circumstance is created by the owner's actions and he should grade the property in one space and plant trees and move on and she stated she does not agree with this because he created it. Pitzrick stated he feels this is tied into the other request and if we turned down the other request this should be turned down too. MOTION by Pitzrick, seconded by Lee, to close the public hearing. Motion carried 5-0. MOTION by Pitzrick, seconded by Lee, to recommend denial of the Final Order 2009-14. Motion carried 4-1. March 12, 2010 Subject: Appeal of the Planning Commission denial of Variance Request 2009-14 Dear Resident, Pemtom Land Company appeared in front of the Planning Commission on February 22, 2010 and presented a variance request (2009-14)relating to the replacement of trees. The Planning Commission denied the request on a 3-2 vote. Dan Herbst of Pemtom Land Company asked the City Council to hear an appeal of the decision of the Planning Commission. The City Council set the hearing date for March 23, 2010. This hearing which is held to allow the petitioner to appeal the Planning Commission decision is not a public hearing. However if you decide to attend the meeting it is in the discretion of the City Council to allow comments from area residents. Sincerely, Michael D. Franzen City Planner CITY COUNCIL AGENDA DATE: SECTION: Reports of the City Manager March 23, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.B.1. Scott Neal, City Manager City Manager's Performance Review Synopsis My employment agreement with the City obliges the City Council to conduct an annual review of my performance on or about March 15 of each year. I have tentatively scheduled the review to occur during the Council's May 18 Workshop. For the past seven years, the Council has retained Mr. Harry Brull to assist the Council with the review. If you wish to retain Mr. Brull again this year,please let me know and I will contact him. There are other professionals who are capable of conducting the review. If the Council wishes to seek a new professional to assist with the review, please let me know and staff can coordinate an RFP process for that service. There is not mandate for the Council to have professional assistance to conduct the review. If that is the will of the Council, staff can provide assistance on format and process. It would be advisable for the Council to resolve a general direction for the 2010 review as the Council's next regular meeting will not occur until April 20. CITY COUNCIL AGENDA DATE: SECTION: Report of Public Works Director March 23, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 01-5549 ITEM NO.: XIV.E.1. Rodney W. Rue Adopt Resolution Acknowledging the Randy Newton Phased Improvements of the I-494 / Public Works/Engineering TH 169 Interchange Requested Action Move to: Adopt resolution acknowledging the phased improvements of the I-494/TH 169 Interchange. Synopsis The original I-494 / TH 169 layout was finalized in 2006 with the City of Eden Prairie providing municipal consent to the project on December 19, 2006. Since that time MnDOT has reevaluated and refined the design. The resulting modified layout ultimately serves as an initial phase of the original project. The schedule for construction of I-494 / TH 169 project is still unknown. MnDOT is continuing to work on the project with the goal of proceeding with project this year; however, at this time funding for the project has not been secured. Background Information Since receiving municipal consent MnDOT has reevaluated and refined the design with the following primary modifications: 1) Removal of two system to system ramps at the I-494 / TH 169 interchange which include the SB 169 to WB 494 movement and the EB 494 to NB 169 movement 2) Removal of all improvements at TH 169/Valley View Road interchange. 3) Modifying the design of the intersections along the Washington Avenue, West 78th Street, Marth Road"Ring Road" from signalized intersections to roundabouts. MnDOT held an Open House on February 11, 2010 at Braemar Golf Course to present the revised layout plans to the public. The following is a brief summary of the primary modifications to the interchange identified above: System Ramps Following a department-wide Context Sensitive Solutions\Flexible Design initiative, MnDOT reevaluated the scope of the 1-494 / TH 169 project to balance competing objectives and to optimize return on investments. The outcome of that process was the development of a "Performance Based" Design for the I-494 / TH 169 interchange which includes six system to system ramps as opposed to the eight ramps that were in the original "Policy Based" Design. The two system to system ramps that are removed are the SB 169 to WB 494 movement and the EB 494 to NB 169 movement. Both movements have relatively low demand and are well served by TH 212 which provides a diagonal connection between I-494 and TH 169. As part of the federal (FHWA) approval of the revised layout MnDOT will be developing specific criteria and performance measures for use in determining when the remaining system to system ramps should be constructed. TH 169/Valley View Road Interchange As part of the ongoing project development process MnDOT recently completed an updated and detailed traffic analysis review of the project. Based on the results of this traffic analysis MnDOT has proposed significantly reducing the scope of the proposed improvements at the TH 169 / Valley View Road interchange. While some reduction in the scope of the improvements may be warranted staff does not anticipate that the reduced scope project at the TH 169 / Valley View Road interchange will meet the long term transportation needs of the area. In order to allow for the development of an interchange plan that best meets the needs of all the agencies MnDOT has agreed to defer the proposed work at Valley View Road, until a future date after the construction of the I-494 / TH 169 interchange is complete, the new interchange is operational and the actual traffic volumes and patterns can be better understood. As stated in the resolution MnDOT will work with the Cities of Eden Prairie and Edina to develop an agreement regarding the future improvements at the TH 169/Valley View Road interchange. Roundabouts A second outcome of the revised traffic analysis is that roundabouts are now being proposed for the six primary intersections along the Washington Avenue, West 78th Street, Marth Road "Ring Road". The previous plan proposed traffic signal control for these intersections. Financial MnDOT has provided an updated"good faith estimate" for our share of the construction and engineering costs for this project. The estimated amount of$3,371,215 includes roadway, bridge, trail, retaining wall, and right-of-way costs associated with our local roadways or trails. We propose to use State Aid(MSA) funds to finance our share of the MSA eligible project costs. We anticipate that nearly all project costs will be MSA eligible, however in the event there are non-MSA eligible costs we propose to use utility or storm water utility funds. Attachments • Resolution • Revised I-494/TH 169 Layout CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2010- RESOLUTION ACKNOWLEDGING THE PHASED IMPROVEMENTS OF THE I-494/TH 169 INTERCHANGE, S.P. 2776-03 I.C. 01-5549 WHEREAS, the City Council of the City of Eden Prairie is the official governing body of the City of Eden Prairie; and WHEREAS, the Commissioner of Transportation has prepared a final phased layout for the improvement of I-494/TH 169 within the cities of Bloomington, Eden Prairie, and Edina on TH 169 from 1.5 miles south of I-494 to 0.5 north of Valley View Road, and on I-494 from Prairie Center Drive to West Bush Lake Road, and seeks approval thereof; and WHEREAS, said final layouts are on file in the Minnesota Department of Transportation Office, Waters Edge, 1500 W. County Road B-2, Roseville, Minnesota,being marked, labeled, and identified as Layout No. 5B, S.P. 2776-03 from TH 169 R.P. 120+00.692 to 123+00.6; and I-494 from R.P. 011+00.349 to 009+00.556 dated February 19, 2010; and WHEREAS, Layout No. 5B has been modified to reflect new traffic information and the phasing of the I-494/TH 169 interchange, and these modifications do not affect the December 19, 2006 Municipal Consent pursuant to Minn. Stat. §161.64 subd. 2; and WHEREAS, the Minnesota Department of Transportation, the City of Edina, and the City of Eden Prairie have agreed to delay and re-evaluate the scope of the proposed improvements at the TH 169/Valley View Road interchange. WHEREAS, the Minnesota Department of Transportation has provided a"good faith" cost estimate of$3,371,215 for the City of Eden Prairie's share of these improvements, not including public utility relocation costs; and WHEREAS, the Minnesota Department of Transportation has requested that the City formally indicate its intent to participate in these costs; and WHEREAS, the Minnesota Department of Transportation is responsible for all right-of-way costs associated with roadway improvements for this project; and WHEREAS,pursuant to Minn. Stat. §161.164, the City of Eden Prairie previously held a public hearing in 2006 to consider layout approval and subsequent Municipal Consent of said improvements; and WHEREAS, Municipal Consent was granted for the I-494 /TH 169 project on December 19, 2006. NOW, THEREFORE,BE IT RESOLVED,by the City Council of the City of Eden Prairie, that considering available information, studies, and input received, acknowledging receipt of the phased implementation and supports the Minnesota Department of Transportation's efforts to construct this project as quickly as possible, hereby acknowledges the phased implementation of the construction of the I-494/TH 169 interchange as shown in Layout 5B dated February 19, 2010. BE IT FURTHER RESOLVED, the City agrees to participate in costs associated with this project as noted above. The City of Eden Prairie understands that the estimated City share listed herein represents a"good faith" estimate, but will be finalized during preparation of the cooperative construction agreement; and BE IT FURTHER RESOLVED, the Minnesota Department of Transportation and the City of Eden Prairie will continue to work cooperatively toward a mutually agreeable cooperative construction agreement; and BE IT FURTHER RESOLVED, the Minnesota Department of Transportation and the City of Eden Prairie will work cooperatively toward the construction and completion of this project; and BE IT FURTHER RESOLVED, the Minnesota Department of Transportation and the Cities of Edina and Eden Prairie will work cooperatively to develop an agreement regarding analysis and commitments to future improvements at the TH 169/Valley View Road interchange and MnDOT's financial contribution to these improvements; and BE IT FURTHER RESOLVED, the City Council of the City of Eden Prairie authorizes City staff to work with the Minnesota Department of Transportation to make any necessary minor modifications to the layout during the design and construction phases of the said improvements. ADOPTED by the Eden Prairie City Council on March 23, 2010. Phil Young, Mayor ATTEST: SEAL Kathleen Porta, City Clerk 6 W e, r rt, ‘ - • ... (.. l a w 4� ® W -1 - f i 1 r F .HINE MILE CREEK l 6 1, i '•' i,L F t -" Ail 111'• mm�,- ten.,..¢. iI . I .� '�] 'A' \— p1 4 -,\\ \,,,,,,. .-,,.„,...,\ 1 ''% • ill:k wAyH TON Av . i, i 4_i 1 - I.t. E WASH NCTDN AV. 1I��. •.4' • - 1 �;\-\; "a'R' '''' 1 j 1-, ll 1111 -440111111 s ; . ''...::;:.: . ( r. II' 41 110211)\it, \ . , .,,,;.1....... -._..._...,,jtN.....\\ <0,,, . vo'WO 441V '.'. -. yy6;1 Cs?, •‘\ ,•• • \\1111, is.80.1,1,-whici MI fill.li 1•L cr...122!..:,47S ti14. _ '.."-----,..____. -- . ‘\ ...'' ''''"........ ...N .J4.° L • :41E..11 .11111•--1.12 .-------4';w'Llm---_-- ': - ...... .1.1 -----• ___ _ Atseie.,__.---. IF 511 M3E. ...4, 1-494 Y •\ !: _ s �..........:..�..., _ • )\TI. Lumnin ,,,,,,,,o,..,,.--. _____________________-_--------------- ..4 . • • . __ _ • ../...., ,,,.. ":".161 .ii.--,-.,— '''''% -:-.-"- 2 i co . , CP`1 ,.."...‘ N t.1; I: _,.:,,.. .;.....0e-e___,----"----.-.--------11/ — ar .i W. r8T ST• 1 — • �Q. 4 RAMP r 1 .c' '' " ti.Y !� _.'�� 7./jr..----....- if LFHEE-RIMi "�-,. 1 �' •�� _� L44rEN. 0�� L _k. �'wnr{� 11,, .,W� WARTN ROAD �� ,. l, • __.2. ,...,;.,,_:,...... „,,,_,„ ii,,vg, .•, . 11:,i i a .----_,-) =•_----Th,. •. \\\ -,- 4IRIEI [ i �.11 i. 5 �!EHS['ON RI•F ^� b% i-\ .: 1 . I \ - •,••" -. PREL,M I NARY 1 I I WI NOLL,WOT,[{ 1 tiIIIIIIII _4i :'....- ••` 1 CITY OF BLOOMINGTON = ' —' ~\1:: �- I 3.'. 6� A �, CITY COUNCIL AGENDA DATE: SECTION: Report of Public Works Director March 23, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: #07-5690 ITEM NO.: XIV.E.2. Randy Newton Approve Plan and Specifications and Public Works/Engineering Order Advertisement for Bids for the Singletree Lane Improvement Project Requested Action Move to: Adopt resolution approving plan and specifications and ordering advertisement for bids for I.C. 07-5690, Singletree Lane Improvement Project. Synopsis With the assistance of SRF Consulting Group, Inc. the Engineering Division has prepared plans and specifications for the Singletree Lane Improvement Project. Construction of the project is scheduled to occur between May and September of this year. Background Information The planned improvements to Singletree Lane include upgrading the roadway to a 4-lane divided roadway with left turn lanes between Flying Cloud Drive and Eden Road. The project includes a new traffic signal and pedestrian improvements at the Flying Cloud Drive/ Singletree Lane intersection. The project also includes streetscaping improvements that correspond with the recommendations of the MCA Streetscape Master Plan. Financial Implications The total project cost of the Singletree Lane Improvements is currently estimated at $1,530,000 excluding right-of-way. The project will be primarily funded by the Windsor Plaza Developer with a maximum assessment of$1,175,000. Through this agreement MnDOT is responsible for one-half of the costs (estimated at$126,090) of the new Flying Cloud Drive/ Singletree Lane traffic signal system. The costs for the streetscaping elements along the north side of Singletree Lane and any remaining costs remaining costs in excess of the funding identified above will be the responsibly of the City($100,000 - $230,000 depending on bidding climate). The City is also financially responsible for the costs of the right-of-way on the north side of Singletree Lane which have been acquired. The Economic Development Fund is the planned funding source for all City costs. Attachments • Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2010- A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR SINGLETREE LANE IMPROVEMENT PROJECT I.C. 07-5690 WHEREAS, the City Engineer, with the assistance of SRF Consulting Group, Inc., has prepared plans and specifications for the following improvements to wit: I.C. 07-5690—Singletree Lane Improvement Project and has presented such plans and specifications 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 March 23, 2010. Phil Young, Mayor ATTEST: SEAL Kathleen Porta, City Clerk