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HomeMy WebLinkAboutCity Council - 05/04/2010 AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, MAY 4, 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. MAJOR CENTER AREA Council Chamber II. OPEN PODIUM III. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,MAY 4, 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. INTERNATIONAL SCHOOL OF MINNESOTA UPDATE B. SENIOR AWARENESS PROCLAMATION C. PRESERVATION MONTH PROCLAMATION V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, APRIL 20, 2010 B. CITY COUNCIL MEETING HELD TUESDAY,APRIL 20, 2010 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. SECOND READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 11, SECTION 11.70,RELATING TO NON-COMMERCIAL SPEECH (CAMPAIGN SIGNS) C. RANDY'S BOBBY& STEVE'S AUTO WORLD by Randy Neis.Request for PUD District Review with waivers on 1.08 acres; Zoning District change from Highway Commercial and Office to Commercial Regional Service on 1.08 acres and Site Plan Review on 1.08 acres. Location: Southwest corner of Flying Cloud Drive and Singletree Lane. (Ordinance for PUD District Review with waivers and Zoning District Change; Resolution for Site Plan Review) CITY COUNCIL AGENDA May 4, 2010 Page 2 D. AWARD CONTRACT FOR 2010 STREET SEALCOATING TO ALLIED BLACKTOP COMPANY E. AWARD CONTRACT FOR 2010 STREET BITUMINOUS OVERLAY PROJECT TO BITUMINOUS ROADWAYS, INC. F. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF FOR SINGLETREE CONSTRUCTION SERVICES, I.C. 07-5690 G. APPROVE AMENDED PROPOSAL FROM HTPO FOR FLYING CLOUD DRIVE TRAIL CONSTRUCTION SERVICES,I.C. 09-5749 H. DECLARE 1998 HEAVY TRUCK MOUNTED VACTOR AS SURPLUS PROPERTY I. DECLARE EXCESS WATER TREATMENT EQUIPMENT AND PARTS AS SURPLUS J. ACCEPT BID FROM MACQUEEN EQUIPMENT FOR A NEW 2010 VACTOR HYDRO-VACUUM SEWER CLEANING SYSTEM K. ADOPT RESOLUTION DECLARING THE CITY'S OFFICIAL INTENT TO REIMBURSE ITSELF FOR PRIOR EXPENDITURES OUT OF THE PROCEEDS OF A SUBSEQUENTLY ISSUED SERIES OF BONDS L. APPROVE SALE OF THE FIRE DEPARTMENT'S USED SCBA (SELF CONTAINED BREATHING APPARATUS) EQUIPMENT IX. PUBLIC HEARINGS/MEETINGS A. FIRST READING OF ORDINANCE AMENDING CITY CODE SECTION 11.51 RELATING TO STANDARDS FOR PROTECTION OF WETLANDS X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR CITY COUNCIL AGENDA May 4, 2010 Page 3 E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ANNOTATED AGENDA DATE: April 30, 2010 TO: Mayor and City Council FROM: Scott Neal, City Manager RE: City Council Meeting for Tuesday, May 4, 2010 TUESDAY,MAY 4, 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. INTERNATIONAL SCHOOL OF MINNESOTA UPDATE A representative of the International School will present an update. B. SENIOR AWARENESS PROCLAMATION Senior Advisory Council President Sharon Steiner will read the proclamation. C. PRESERVATION MONTH PROCLAMATION Mayor Young will read the proclamation. 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,APRIL 20, 2010 ANNOTATED AGENDA May 4,2010 Page 2 B. CITY COUNCIL MEETING HELD TUESDAY, APRIL 20, 2010 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-L on the Consent Calendar. A. CLERK'S LICENSE LIST B. SECOND READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 11, SECTION 11.70,RELATING TO NON-COMMERCIAL SPEECH (CAMPAIGN SIGNS) C. RANDY'S BOBBY& STEVE'S AUTO WORLD by Randy Neis.Request for PUD District Review with waivers on 1.08 acres; Zoning District change from Highway Commercial and Office to Commercial Regional Service on 1.08 acres and Site Plan Review on 1.08 acres. Location: Southwest corner of Flying Cloud Drive and Singletree Lane. (Ordinance for PUD District Review with waivers and Zoning District Change; Resolution for Site Plan Review) D. AWARD CONTRACT FOR 2010 STREET SEALCOATING TO ALLIED BLACKTOP COMPANY E. AWARD CONTRACT FOR 2010 STREET BITUMINOUS OVERLAY PROJECT TO BITUMINOUS ROADWAYS,INC. F. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF FOR SINGLETREE CONSTRUCTION SERVICES,I.C. 07-5690 G. APPROVE AMENDED PROPOSAL FROM HTPO FOR FLYING CLOUD DRIVE TRAIL CONSTRUCTION SERVICES,I.C. 09-5749 H. DECLARE 1998 HEAVY TRUCK MOUNTED VACTOR AS SURPLUS PROPERTY I. DECLARE EXCESS WATER TREATMENT EQUIPMENT AND PARTS AS SURPLUS J. ACCEPT BID FROM MACQUEEN EQUIPMENT FOR A NEW 2010 VACTOR HYDRO-VACUUM SEWER CLEANING SYSTEM K. ADOPT RESOLUTION DECLARING THE CITY'S OFFICIAL INTENT TO REIMBURSE ITSELF FOR PRIOR EXPENDITURES OUT OF THE PROCEEDS OF A SUBSEQUENTLY ISSUED SERIES OF BONDS L. APPROVE SALE OF THE FIRE DEPARTMENT'S USED SCBA(SELF CONTAINED BREATHING APPARATUS)EQUIPMENT ANNOTATED AGENDA May 4,2010 Page 3 IX. PUBLIC HEARINGS/MEETINGS A. FIRST READING OF ORDINANCE AMENDING CITY CODE SECTION 11.51 RELATING TO STANDARDS FOR PROTECTION OF WETLANDS Official notice of this public hearing was published in the April 22, 2010,Eden Prairie News. Synopsis: City Code Section 11.51 is being amended to reflect changes in the numbering within Minnesota Rules 8420. No other changes were made. Eden Prairie adopted the wetland protection code (City Code Section 11.51) on February 10, 2000. The Wetland Protection Code was developed to conserve and protect wetlands and their wetland buffers. The intent is to avoid the alteration and destruction of wetlands and their buffer strips. The Wetland Protection Code serves to supplement MN Rules 8420, commonly called the Wetland Conservation Act (WCA), which provides a set of minimum standards for wetland protection. The Wetland Conservation Act Rules were amended in late 2009. As a result of this amendment, a number of sections within the Chapter were reorganized and renumbered. This requires that some of the references to sections within Chapter 8420 be revised in City Code. No additional changes were made to Section 11.51 at this time. The Planning Commission reviewed the City Code Amendment on March 22, 2010, and it was approved with a vote of 6-0. MOTION: Move to: • Close the Public Hearing; and • Approve First Reading of an Ordinance Amending City Code Section 11.51, Standards for Protection of Wetlands 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 XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORTS OF CITY MANAGER ANNOTATED AGENDA May 4, 2010 Page 4 C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. ITEM NO.: IV.B. PROCLAMATION SENIOR AWARENESS MONTH City of Eden Prairie Hennepin County, Minnesota WHEREAS, the increasing number of senior citizens in Eden Prairie bring many opportunities and challenges for all components of our City— families, businesses, and government; and WHEREAS, every segment of our society is influenced by the needs, resources and expertise of our senior citizens; and awareness improves participation and action; and WHEREAS, our Eden Prairie seniors play a pivotal role in formal and informal education, sharing years of accumulated experience and wisdom which will impact our future; and WHEREAS, the community wishes to celebrate and acknowledge the contributions and accomplishments of the seniors in our community and recognize the organizations that serve older adults; and WHEREAS, Senior Awareness Month recognizes that seniors are an integral part of our community. NOW, THEREFORE, the Eden Prairie City Council does proclaim May 20I0 to be SENIOR AWARENESS MONTH ADOPTED BY the Eden Prairie City Council on this 4th day of May 2010. V.D.,:s ?...,vv\Ad Phil Young, Mayor on behalf of Council Members: Brad Aho Ron Case Jon Duckstad Kathy Nelson ITEM NO.: IV.C. PROCLAMATION Preservation Month City of Eden Prairie Hennepin County, Minnesota WHEREAS,historic preservation is an effective tool for revitalizing neighborhoods, fostering local pride and maintaining community character while enhancing livability; and WHEREAS,historic preservation is relevant for communities across the nation,both urban and rural, and for Americans of all ages, all walks of life and all ethnic backgrounds; and WHEREAS, it is important to celebrate the role of history in our lives and the contributions made by dedicated individuals in helping preserve the tangible aspects of the heritage that has shaped us as a people; and WHEREAS, "old is the New Green" is the theme for National Preservation Month 2010, cosponsored by the Heritage Preservation Commission,Eden Prairie Historical Society and the National Trust for Historic Preservation NOW,THEREFORE, I, Phil Young, Mayor of Eden Prairie, do proclaim May 2010 as National Preservation Month, and call upon the people of Eden Prairie to join their fellow citizens across the United States in recognizing and participating in this special observance. ADOPTED BY the Eden Prairie City Council on this 4th day of May 2010. _Vi _ Q (..ft.ifn, Phil Young, Mayor on behalf of Council Members: Brad Aho Ron Case Jon Duckstad Kathy Nelson ITEM NO.: VI.A. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,APRIL 20, 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, Finance Manager Sue Kotchevar, Communications Manager Joyce Lorenz, City Attorney Ric Rosow, and Recorder Lorene McWaters BUDGET ADVISORY COMMISSION: Annette Agner, Eapen Chacko, Richard King (Vice Chair), Jon Muilenburg, Richard Proops, Gwen Schultz, Don Uram (Chair) Heritage Room II BAC Chair Don Uram was absent. I. JOINT MEETING WITH THE BUDGET ADVISORY COMMISSION Budget Advisory Commission(BAC) Member Jon Muilenburg reviewed a memo that outlines the Commission's proposed 2010 work plan. The work plan is divided into four sections. The first section consists of tasks related to the BAC's key mission: Review and comment on the Capital Improvement Plan and the 2011 Operating Budget. The second part of the plan includes a prioritized list of seven areas the BAC is interested in studying over the next year. Those areas are: • Utility Rate Study • Fire Department Duty Crew Proposal • Storm Water Management • Eden Prairie Community Center • Assessing Services • Fleet Services • City Comparisons In the third part of the work plan memo, the BAC identifies two additional topics they consider important, but feel the Council is already addressing: Public Service Answering Point(PSAP) Dispatch Services and the Fire Relief Association. The BAC asked to be kept informed of the status of these two areas. City Council Workshop Minutes April 20, 2010 Page 2 There are four topics the BAC considered addressing,but decided not to prioritize for study this year. They are: • Internal Service Fund Capital Expenditures • Human Services Grants • Ambulance Service • Customer Service Standards Council Member Kathy Nelson said she would like to see long term funding,particularly for parks and streets, addressed as part of the BAC's review of the Operating Budget. Neal said long term funding will also be considered as part of the Utility Rate Study. Council Member Jon Duckstad said storm water management seems to be a volatile area with the potential for a great amount of additional workload. Public Works Director Gene Dietz said it is unclear how extensive storm water management work will be. He noted that there is a$160,000 professional services agreement with Wenck&Associates on the City Council Agenda tonight for storm water pond inspections in the Staring Lake Watershed. Duckstad noted that there is also a $45,000 agreement for pavement evaluation on the City Council Agenda. He asked whether or not that work could be done in-house. Dietz said that since this work is conducted every three years, it would be difficult to staff for it in-house. Case said he likes the prioritized list of study subjects. He said it might be a good idea to have another group, such as the BAC, take a look at the assumptions the Fire Relief Association is functioning under. Mayor Young said many of the assumptions are statutory or driven by actuarial studies. He said he does not think the variables of benefits are up for change, so he does not know if there would be value in having the BAC study it. Duckstad suggested looking at the defined benefit plan versus the monthly plan. Young said this would require a great deal of study and it is something the Fire Relief Association Board is already looking at. BAC Commission Member Dick Proops asked who is looking at the details of how some of the alternatives would develop. City Manager Scott Neal said the Fire Relief Association Board, along with their professional advisors, is looking at alternatives. BAC Vice-Chair Rick King noted the BAC considered studying this subject, but the Commission feels it is not necessary since two Council Members serve on the Fire Relief Association Board. Aho said he also likes the proposed work plan. He asked if how long vehicles are kept will be considered as part of the fleet services study. Proops said the commission has received this type of information in the past, but that they will look at it again as part of this study. Aho said it is a good idea to review fund balances periodically. He would like the BAC to review fund balances again this year and forward any recommendations they may have. Duckstad agreed that a review of fund balances would be a good idea. Duckstad asked for clarification of what the BAC has in mind as far as studying Assessing Services. Muilenburg said economies of scale might be possible by having assessing services done through Hennepin County. The BAC would like to evaluate that. Neal said he thinks residents have come to expect a certain service level that is provided by the City. City Council Workshop Minutes April 20, 2010 Page 3 The City Council will need to make a decision on the value of that service level. Nelson said she does not feel that the County would have as much detailed knowledge of neighborhoods and local trends as City assessors. Regarding the study of outsourcing fleet and assessing services, King said the BAC does not have a bias either way. They simply feel it is worth comparing the costs of how things are done now with the alternatives. Nelson said she would like to see the Community Center moved up on this list of priorities. Regarding city comparisons, she said she is not sure Eagan is a good one to use. She would suggest using Minnetonka or another community with more similarities to Eden Prairie. She thinks using a city in the same County as Eden Prairie would also be valuable. King said the BAC does not have a specific City in mind,but they would like Council input on the idea of doing a comparison. There was general agreement among the Council Members that the work plan priorities look good. Council Chamber II. OPEN PODIUM III. ADJOURNMENT ITEM NO.: VI.B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, APRIL 20, 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 Ric Rosow and Council Recorder Jan Curielli I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Young called the meeting to order at 7:00 PM. All Council Members were present. II. COLOR GUARD /PLEDGE OF ALLEGIANCE Mayor Young thanked Cub Scout Pack 348, sponsored by the Eden Lake Elementary, for presenting the colors. III. OPEN PODIUM INVITATION IV. PROCLAMATIONS /PRESENTATIONS Council Member Case said with great sorrow and gratitude he wanted to acknowledge on behalf of the City of Eden Prairie the service of Major Randall Voas and to extend our deepest sympathy to his family. A. HENNEPIN COUNTY LIBRARY UPDATE Ali Turner, Senior Librarian, gave a presentation about the Hennepin County library system and reviewed the program highlights at the Eden Prairie Library. She noted they have many volunteers, and Friends of the Eden Prairie Library are doing a fundraiser to purchase shelving space for the children's books at the library. B. ARBOR DAY PROCLAMATION Mayor Young read a proclamation proclaiming May 1, 2010 to be Arbor Day in the City of Eden Prairie. C. RECOGNITION OF NEW CERT VOLUNTEERS Fire Chief Esbensen reviewed the history and mission of the Community Emergency Response Teams (CERT)program and noted there are now 110 CERT members in the City. He and the Fire Officers read the biographies of the new volunteers and Mayor Young presented them with certificates. CITY COUNCIL MINUTES April 20,2010 Page 2 V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Neal said there is a new Item VIII.O.Anchor Bank on goldenrod paper that should be added to the Consent Agenda. Case added Item XIV.A.1. Proposed Airport Development. MOTION: Duckstad moved, seconded by Aho, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MARCH 23, 2010 MOTION: Case moved, seconded by Duckstad, to approve the minutes of the City Council Workshop held Tuesday, March 23, 2010 as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 23, 2010 MOTION: Case moved, seconded by Nelson, to approve the minutes of the City Council Meeting held Tuesday, March 23, 2010 as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVE SECOND READING OF ORDINANCE NO. 5-2010 AMENDING CITY CODE CHAPTER 11, SECTION 11.05—HERITAGE PRESERVATION SITES AND ADOPT RESOLUTION NO. 2010-30 APPROVING SUMMARY ORDINANCE C. AWARD CONTRACT FOR RECONSTRUCTION OF BITUMINOUS BIKE TRAIL ALONG PORTIONS OF DUCK LAKE TRAIL,VALLEY VIEW ROAD AND EDENVALE BLVD. TO NORTHWEST ASPHALT,INC. D. AUTHORIZE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE MILLER PARK PLAY AREA IMPROVEMENTS E. AUTHORIZE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE STARING LAKE TRAIL CONNECTION F. AUTHORIZE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE RICE MARSH LAKE TRAIL CONNECTION G. AWARD CONTRACT FOR 2010 STREET STRIPING TO AAA STRIPING SERVICE COMPANY, I.C. 10-5766 CITY COUNCIL MINUTES April 20,2010 Page 3 H. AWARD CONTRACT FOR 2010 BITUMINOUS CRACK SEALING TO PRECISION SEALCOATING INC.,I.C. 20-5766 I. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH GOODPOINTE TECHNOLOGY FOR PAVEMENT EVALUATION SERVICES, I.C. 10-5771 J. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BLUE WATER SCIENCE FOR 2010 WATER QUALITY MONITORING,I.C. 04- 5626 K. APPROVE GRANT AGREEMENT WITH HENNEPIN COUNTY FOR THE LOWER RILEY CREEK STREAMBANK RESTORATION PROJECT,I.C. 08-5717 L. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WENCK& ASSOCIATES FOR THE 2010 STORMWATER POND INSPECTION PROGRAM, I.C. 10-5769 M. APPROVE PLANS FOR RIVERVIEW ROAD POND MAINTENANCE PROJECT,I.C. 10-5772 N. ADOPT RESOLUTION NO. 2010-31 DECLARING THE CITY'S OFFICIAL INTENT TO REIMBURSE ITSELF FOR PRIOR EXPENDITURES OUT OF THE PROCEEDS OF A SUBSEQUENTLY ISSUED SERIES OF BONDS O. ANCHOR BANK by Anchor Bank. Request for PUD District Review with waivers on 1.06 acres; Zoning District Amendment within the Commercial Regional Service Zoning District on 1.06 acres and Site Plan Review on 1.06 acres. Location: 12950 Technology Drive. (Ordinance No. 6-2010 for PUD District Review with waivers and Zoning District Amendment; Resolution No. 2010-32 for Site Plan Review) Regarding Item M, Riverview Road pond maintenance project, Case asked for clarification of what is normally done. He spoke with a landowner earlier today, and he has never been contacted by the City about proposed work on his land. He asked if we need the approval of the Lower Minnesota River Watershed District for this project and, if so, have we addressed all their concerns. Dietz said the plans have been given to the Watershed District's engineering firm, and they have given us preliminary indications of the things they are seeing. The Watershed District will have it on their next agenda. We have a deadline to have a contract under way by May 15 as part of our schedule for compliance agreement, so we indicated to the Watershed District we would be willing to make last minute changes if necessary. We have not finalized the design and have not had any real conversations with the land owner at this stage. Case asked if we would typically contact the landowner. Dietz said we would have a conversation with the landowner, but there is an easement for this to be accomplished. We will be putting in an underground pipe CITY COUNCIL MINUTES April 20,2010 Page 4 system across his property and will not impact his property when it is all done. MOTION: Nelson moved, seconded by Duckstad, to approve Items A-O on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 11, SECTION 11.70,RELATING TO NON-COMMERCIAL SPEECH (CAMPAIGN SIGNS) Neal said official notice of this public hearing was published in the April 8, 2010, Eden Prairie News. The primary election date has been changed from the second Tuesday after the second Monday in September to the second Tuesday after the second Monday in August, or August 10, 2010. As a result, the city code relating to signs must be changed. The code change is as follows. "Notwithstanding any other provisions of this Section, all signs of any size containing Non-Commercial Speech may be posted from August 1 46 days before the state primary in any general election year until ten(10) days following the general election and thirteen(13) weeks prior to any special election until ten(10) days following the special election." The Planning Commission voted 6-0 to recommend approval of the code amendment at the March 22, 2010 meeting. Neal said this provision is simply a modification of our code to reflect the change the state legislature recently adopted. Case asked why we are having this in the form of a public hearing since it complies with the state statute. He asked what it would mean if we actually turned it down. Neal said it is protocol when we are adopting an ordinance. Rosow said by turning this down the City's ordinance would be in conflict with state law but, since this is part of the zoning ordinance, we have to have a public hearing on it as required by state law. There were no comments from the audience. MOTION: Duckstad moved, seconded by Aho, to close the Public Hearing, and to approve 1st Reading of the Ordinance amending City Code Chapter 11, Section 11.70, Subdivision 3.H, relating to non commercial speech. 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." CITY COUNCIL MINUTES April 20,2010 Page 5 XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Proposed Airport Development—Council Member Case Case said all the Council Members were notified that there is a possible discussion or negotiation with the MAC over the proposed development of the southeast corner of Mitchell Road and Pioneer Trail, where our proposed ball field extension would go. Per the 2002 agreement with the MAC he believes both sides continue to be dedicated to the belief we will have 25 acres of possible ball field there. The MAC is suggesting they would like to have a corner for possible commercial development. He was concerned from what he is hearing there is a possibility the MAC will not proceed through our normal Planning Commission process to the City Council, but rather will choose to by-pass our process and use their power as a higher zoning authority. He said politically we have some leverage and we owe it to our residents to do due diligence and represent them as best we can. We would be pretty picky about what would go in there if there were a development proposal. He was suggesting that staff develop something that expresses the Council's concern about development without representation and take that concern back to the MAC. Young asked if he was suggesting we authorize staff to direct a letter to the MAC. Case said he was asking that staff take the Council's concerns back to the MAC. He would like to have the statement say the City Council discussed it and are very concerned about our having no input on this project. Young said he was not sure we can control this, but he had no objection to sending that message to the MAC. Nelson said she would be very concerned if they didn't bring it through the process. We try to stick to the letter of our agreement with them, and they should be respectful of any community's zoning plans. She was also concerned about the fact the ball fields seem to be up in the air. Once again those were part of what was agreed to and it looks like they are now backing off from them. She thought there needs to be some responsibility to the agreement from all parties, and we need to go after that agreement with them in all sense of the word because we have kept our side of it. Duckstad said he would like to have Mr. Neal address this issue. Neal said we did have this discussion with the MAC staff last week, so this is the first City Council meeting since that discussion. When they told us it was not CITY COUNCIL MINUTES April 20,2010 Page 6 their intent to pursue their project through our planning and zoning ordinances, we clearly let them know staff had some concerns about that and the Council might have some as well. With this direction from the Council we can go back to the table to tell them the Council has had that discussion and we are here to convey that official concern. Duckstad then asked him to address whether he believes the MAC feels obliged to go through our planning services. Neal said he didn't know if he could speculate on what they might do,but at the meeting they were pretty clear they had no intention of going through our process. They do intend to have a public meeting and will ask the developer to conform to our building design standards and such things. Aho asked if they have a project and a developer in mind for this area. Neal said they do have a developer in mind, and staff has actually met with that developer to hear their ideas. Aho asked if we have worked with them in the past. Neal said it is someone we currently have a good working relationship with. Aho said that was good to hear but he would also add his concern to the other Council Members that they go through the process. He asked if we have any ability to at least work with the developer informally and keep open those lines of communication if the MAC refuses to abide by our process. Neal thought we would be able to do that. Case thought maybe a letter would not be a bad route to follow. He was concerned because they are breaking new ground with this process. Up to this point the MAC's zoning control has only been used for aviation-related construction. If this project goes through without our input, it opens the door to unregulated development on 200 more acres. There are things we could do to push back on this and it is almost an affront to our sovereignty when a higher governmental authority subjects us to this without paying attention to our concerns. He would highly encourage we look carefully at this and not let this precedent go by. He thought the letter idea is a great one, and he thought we could let Mr. Neal take back our deep concern. He could come back to the next meeting and we can look at other options. Young said the MAC is a higher level of government, and we can send our concerns and write our letters but this is an uphill battle. Case said we do have some political leverage with them, so we have something we can do to represent our residents. Nelson asked what kind of development they are proposing. Neal said at this point it is too early to say. Nelson asked if this will be taxable property to the City. Rosow said we collect personal property tax from the businesses that are currently on the airport, and he thought this development would be the same. Nelson asked if that would mean they would be at an advantage over other Eden Prairie businesses. Rosow said they will pay based upon their building use, but he was not sure how our Assessing Department determines that. Dietz said he recently talked to Mr. Sinell about that, and personal property taxes are computed exactly the same as property taxes. CITY COUNCIL MINUTES April 20,2010 Page 7 Case asked if the land would not be counted so the value would only be the building. Dietz said each of the tenants on the MAC property pay personal property taxes on the building and the land that upon which the building sits in the same way they compute property taxes. Nelson asked if they also don't have to go by our guide plan so they could put in almost anything so long as it conforms to FAA guidelines for airport property. Rosow said we have dealt for many years with the issue of the zoning and the authority, and in 1992 his office requested an opinion from the Attorney General's office with respect to this question. The Attorney General analyzed the statutes under which the MAC has authority and analyzed that the Supreme Court would apply a balancing of interests test, and looked at the powers granted to the MAC for aviation purposes and the other factors that govern them such as the power to acquire property for purposes of operating the airport. The MAC is required to have a comprehensive plan that is consistent with the Metropolitan Council's development plan. With respect to the question of whether the MAC or the City had zoning authority over land acquired by the MAC for airport uses, the Attorney General concluded that the MAC would be deemed exempt from local zoning and subdivision ordinances purporting to regulate such activity when applying the balancing of public interest test here by taking into account the nature and scope of the MAC and its legislative grant of authority and the extent of the recognized public benefit of the development of the airport system and the potential of land use regulation to severely restrict such enterprise. The relevant language is regulating such activity, and the courts of Minnesota have consistently used the balancing of interest test as opposed to a single shot test. He said our question in 1992 was related to zoning property they were acquiring for airport uses. Whether using their property for commercial development was consistent with airport uses is an item to be explored with them. They have taken the position that they are not going to discriminate between the types of uses on their airport property, so clearly the City would not have the authority to zone their purposes. He thought there might be an opportunity to press the issue. Duckstad thought there seems to still be an open question as to whether the MAC can use property for non-aviation purposes. They had a specific narrow aviation goal by statute. It may be they are not authorized to enter into a determined non-aviation project. Rosow said they are subject to certain restrictions from the FAA. Their leasing of land to an entity such as a commercial development is similar to their leasing land to the City for ball fields. They most likely would have to seek federal permission for a lease longer than three years, but that is a federal question and not a state question. Airports across the country lease property to commercial uses so they do have that authority. B. REPORT OF CITY MANAGER CITY COUNCIL MINUTES April 20,2010 Page 8 1. Road Name Change Neal said there has been some interest from C.H. Robinson in changing the name from Charlson Road to something with the name "Robinson" in it. Dietz said there are three examples where we have done this in the past: Gelco Drive, Lee Drive and Anagram Drive. He couldn't think of any other situation where we have done it. It is in the City Council's purview to make the policy on street names. It is difficult to do it for everybody,but in this case only C. H. Robinson would have an address change. Young said this matter came up with meetings with their CEO and Vice President of Public Affairs. This is a growing Eden Prairie business that has been adding property. They have a lot of clients who come to their place of business and that is currently the only property that has the Charlson Road address, so we wouldn't be inconveniencing other property owners. Case said he agreed because of the size of the business. In the past it has been wonderful to acknowledge historical significance of original landowners and important families from the 1800's. This is a fairly new road acknowledging the most recent owner. As long as we have a sense of what precedents we are setting he thought it is fine. Aho said he didn't have a problem with it, and he was very happy to have C. H. Robinson as a part of our community. They are a big benefit to the City of Eden Prairie, and this is a small thing to grant. Duckstad said he was normally not in favor of changing names routinely and he thought we should recognize historic names, but in this case he was in favor of doing this. Nelson said she had no problems with it but hoped they would make the name appropriate. Neal said he will confer with the company and will get the item ready to go for a future Council meeting. 2. Pioneer Trail—Cummins Grill House—Riley Lake Park LAWCON Exchange Update Neal said the U.S. Department of the Interior responded to Mayor Young's request for a waiver. He said it was apparent in their response that they are not going to waive their policy, so staff brought it back to the Council tonight. In February the Council wanted to pursue whether we can get a waiver, and it doesn't appear we can. The county is interested in moving forward with the project, and they need our consent. Nelson said it does seem like a trivial amount,but they don't feel that way so it seems we don't have any alternative. CITY COUNCIL MINUTES April 20,2010 Page 9 Case thought the county doesn't have a choice to spend the money somewhere. This seems to be a pressing need in the park system, and the money looks good. In a sense we are paying '/4 of the value for the two lots so we should move on it. Young thought it was a lousy deal but we are stuck. Neal asked if the Council would like to authorize the county to take the action requested on February 16 or put this on the May 4 Council agenda. Case said he didn't see any advantage in waiting. MOTION: Case moved, seconded by Nelson, to authorize Hennepin County to acquire the private property which is contiguous to Riley Lake Park, per the agreement. Motion carried 5-0. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Duckstad moved, seconded by Case, to adjourn the meeting. Motion carried 5-0. Mayor Young adjourned the meeting at 7:58 PM. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 4, 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. Raffle Organization: Eden Prairie Chamber of Commerce Place: Bearpath Golf& Country Club Date: July 12, 2010 Organization: Eden Prairie Noon Rotary Club Place: Staring Lake Park Date: June 13, 2010 Amendment to Liquor License 2AM Closing Permit- Renewal Santorini Y Not, Inc. DBA: Santorini - 1 - CITY COUNCIL AGENDA DATE: May 4, 2010 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.B. Community Development/Planning Code Amendment—Non Janet Jeremiah Commercial Speech (Campaign Signs) Requested Action Move to: • Approve 2nd Reading of the Ordinance Amending City Code Chapter 11, Section 11.70, Subdivision 3.H,relating to non commercial speech. Synopsis The primary election date was changed from the second Tuesday after the second Monday in September to the second Tuesday after the second Monday in August, or August 10 for this year. As a result, the city code must be changed relating to signs. The code change is as follows. "Notwithstanding any other provisions of this Section, all signs of any size containing Non- Commercial Speech may be posted from August 1 46 days before the state primary in any general election year until ten(10) days following the general election and thirteen(13)weeks prior to any special election until ten(10) days following the special election." The first reading of the Ordinance was approved at the April 20, 2010, City Council meeting. Attachments 1. Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE - 2010 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11, SECTION 11.70, SUBDIVISION 3. H RELATING TO SIGNS CONTAINING NONCOMMERCIAL SPEECH; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code Section 11.70, Subdivision 3. H. is amended to read as follows: H.. Notwithstanding any other provisions of this Section, all signs of any size containing Non-Commercial Speech may be posted 46 days before the state primary in a state general election year until ten (10) days following the state general election in any general election year and thirteen (13) weeks prior to any special election until ten (10) days following the special election. Section 2. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to Entire City Code including Penalty for Violation" and Section 11.99, entitled "Violation a Misdemeanor" are herby adopted in their entirety, by reference, as though repeated verbatim herein. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 20th day of April, 2010 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 4th day of May, 2010. Kathleen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie News on , 2010. CITY COUNCIL AGENDA DATE: May 4, 2010 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.C. Community Development/Planning Randy's Bobby& Steve's Auto Janet Jeremiah/Scott Kipp World Requested Action Move to: • Approve 2nd Reading of the Ordinance for Planned Unit Development District Review and Zoning District Change from Highway Commercial and Office to Commercial Regional Service Zoning District on 1.08 acres; and • Adopt Resolution for Site Plan review on 1.08 acres; and • Approve the Development Agreement for Randy's Bobby& Steve's Auto World; and • Approve and Authorize Issuance of a Grading Permit for Randy's Bobby and Steve's Auto World, subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated May 4, 2010, as approved by the City Council. Synopsis First reading for the project took place on January 16, 2007. This is final approval of the plans for Randy's Bobby and Steve's Auto World. There are two plan changes. The car wash has been moved from the south property line to the west property line. The shape of the canopy and the columns are a different design. Both changes meet code. The 120 day review period ends June 1, 2010. Attachments 1. Ordinance for PUD District Review 2. Summary Ordinance 3. Resolution for Site Plan Review 4. Development Agreement 5. Consent to Development Agreement RANDY'S BOBBY AND STEVE'S AUTO WORLD CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 8-2010-PUD-2-2010 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Highway Commercial and Office Zoning Districts and be placed in the Commercial Regional Service Zoning District 8-2010-PUD-2-2010 (hereinafter "PUD-2-2010-C-REG-SER"). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of May 4, 2010, entered into between Randy's Bobby& Steve's Auto World, LLC, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-2-C- REG-SER, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-2-2010-C-REG-SER is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-2-2010-C-REG-SER is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-2-2010-C-REG-SER are justified by the design of the development described therein. D. PUD-2-2010-C-REG-SER is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Highway Commercial and Office Zoning Districts, and placed in the Commercial Regional Service Zoning District and shall be included hereafter in the Planned Unit Development PUD-2-2010-C-REG-SER and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 16th day of January, 2007, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 4th day of May, 2010. ATTEST: Kathleen A. Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie News on , 2010. EXHIBIT A - Legal description Lot 1, Block 2 and Outlot B Windsor Plaza RANDY'S BOBBY & STEVE'S AUTO WORLD CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. -PUD- -2010 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land located at the southwest corner of Flying Cloud Drive and Singletree Lane from the Highway Commercial and Office Zoning Districts to the Commercial Regional Service Zoning District on 1.08 acres. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen. Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie News on , 2010. (A full copy of the text of this Ordinance is available from City Clerk.) RANDY'S BOBBY & STEVE'S AUTO WORLD CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2010- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR RANDY'S BOBBY AND STEVE'S AUTO WORLD BY RANDY'S BOBBY AND STEVE'S AUTO WORLD,LLC WHEREAS, Randy's Bobby and Steve's Auto World, LLC, has applied for Site Plan approval to construct a 22,600 square foot building, by an Ordinance approved by the City Council on May 4, 2010; and WHEREAS, the Planning Commission reviewed said application at a public hearing at its November 27, 2006 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its January 16, 2007 meeting. NOW, THEREFORE,BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,that site plan approval be granted to Randy's Bobby and Steve's Auto World, LLC based on the Development Agreement between Randy's Bobby and Steve's Auto World and the City of Eden Prairie, reviewed and approved by the City Council on May 4, 2010. ADOPTED by the City Council of the City of Eden Prairie this 4th day of May, 2010. Phil Young , Mayor ATTEST: Kathleen A. Porta, City Clerk Update April 23, 2010 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT RANDY'S BOBBY & STEVES AUTO WORLD THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT("Agreement")is entered into as of May 4,2010,by Randy's Bobby&Steves Auto World LLP, a Minnesota limited liability partnership,hereinafter referred to as"Developer,"its successors and assigns,and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City": WITNESSETH: WHEREAS,Developer and City entered into that certain Development Agreement between the parties dated the 4th day of September, 2007, filed the 7th day of September, 2007 as Document No. 4423817 with the Hennepin County Office of the Registrar of Titles,pertaining to the Property ("Original Development Agreement"). WHEREAS,Developer has applied to City for Planned Unit Development Concept Review on 1.08 acres, Planned Unit Development District Review with waivers on 1.08 acres, Zoning District Change from Highway Commercial and Office to Commercial Regional Service on 1.08 acres, and Site Plan Review on 1.08 acres, legally described on Exhibit A (the "Property"); NOW, THEREFORE, in consideration of the City adopting Resolution No. 2007-22 for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review with waivers and Zoning District Change from Highway Commercial and Office to Commercial Regional Service on 1.08 acres, and Resolution No. for Site Plan Review, Developer agrees to construct, develop and maintain the Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials revised and stamp dated May 4,2010,reviewed and approved by the City Council on May 4,2010, (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a 1 violation of City Code relating to use of the Land construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement,City shall give 24 hour notice of such violation in order to allow a cure of such violation, provided however, City need not issue a building or occupancy permit for construction or occupancy on the Land while such a violation is continuing,unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined on behalf of the City solely and conclusively by the City Manager of the City or a designee. 4. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release,defend and indemnify City,its elected and appointed officials,employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants,contractors,subcontractors,suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection, review or approval by City. 5. EXTERIOR MATERIALS: Prior to building permit issuance,Developer shall submit to the City Planner,and receive the City Planner's written approval of a plan depicting exterior materials and colors to be used on the buildings on the Property as depicted in the Plans. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C, attached hereto. 6. GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in the Plans is conceptual. Prior to the release of a land alteration permit for the Property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all wetland information, including wetland boundaries,wetland buffer strips and wetland buffer monument locations;all Stormwater Facilities, such as water quality ponding areas, stormwater detention areas, and stormwater infiltration systems; and any other items required by the application for and release of a land alteration permit. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Prior to release of the grading bond, Developer shall certify to the City that the Stormwater Facilities conform to the final grading plan and that the Stormwater Facilities are functioning in accordance with the approved plans. 2 Developer shall employ the design professional who prepared the final grading plan. The design professional shall monitor construction for conformance to the approved final grading plan and Stormwater Pollution Prevention Plan(SWPPP). The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved final grading plan and SWPPP. B. STORMWATER FACILITY CONSTRUCTION: Stormwater Facilities, including detention basins,retention basins or Stormwater Infiltration Systems(such as rainwater gardens, vegetated swales, infiltration basins, vegetated filters, filter strips,curbless parking lot islands,parking lot islands with curb-cuts,traffic islands, tree box filters,bioretention systems or infiltration trenches) shall be maintained by the Developer during construction and for a minimum of two (2) full growing seasons after completion of the development to ensure that soil compaction,erosion, clogging,vegetation loss and channelization of flow are not occurring,and thereafter by the Owner of the Property.A Planting Plan for the Stormwater Facilities must be submitted prior to release of the first building permit for the Development Developer shall employ the design professional who prepared the final grading plan to monitor construction of the Stormwater Facilities for conformance to the Minnesota Pollution Control Agency publication entitled"State of Minnesota Storm water Manual" dated November 2005, the approved final grading plan and the requirements listed herein. All Stormwater Infiltration Systems shall be delineated with erosion control fencing prior to construction. The Stormwater Infiltration Systems shall be installed using low-impact earth moving equipment. No equipment, vehicles, supplies or other materials shall be allowed in the areas designated for stormwater infiltration during construction. Pervious surfaces shall be stabilized with seed and mulch or sod and all impervious surfaces must be completed prior to final grading and planting of the Stormwater Infiltration Systems. All Stormwater Facilities shall be kept free of debris, litter, invasive plants and sediment which shall be removed by hand or with a flat-bottomed shovel or rake during dry periods. Only enough sediment shall be removed as needed to restore hydraulic capacity, leaving as much of the vegetation in place as possible. Any damaged turf or vegetation shall be reseeded or replaced. After the two year period of Developer maintenance,the Owner of the Property shall be responsible for maintenance of the Stormwater Facilities. This shall include debris and litter removal, removal of noxious and invasive plants, removal of dead and diseased plants, re-mulching of void areas,replanting or reseeding areas where 3 dead or diseased plants were removed and removal of sediment build-up. Sediment build-up in Stormwater Infiltration Systems shall be removed by hand. C. STORMWATER POLLUTION PREVENTION PLAN (SWPPP): Prior to issuance of a land alteration permit,Developer shall submit to the City Engineer and obtain City Engineer's written approval of Stormwater Pollution Prevention Plan (SWPPP) for the Property. The SWPPP shall include all boundary erosion control features, temporary stockpile locations, turf restoration procedures and best management practices to be utilized within the Project. Prior to release of the grading bond, Developer shall complete implementation of the approved SWPPP. 7. IRRIGATION PLAN: Prior to building permit issuance,Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for irrigation of the landscaped areas on the Property. The irrigation plan shall be designed so that water is not directed on or over public trails and sidewalks. Developer shall complete implementation of the approved irrigation plan in accordance with the terms and conditions of Exhibit C prior to issuance of any occupancy permit for the Property. 8. LANDSCAPE PLAN: Prior to building permit issuance,the Developer shall submit to the City Planner and receive the City Planner's written approval of a final landscape plan for the Property depicting a total of 61 caliper inches. The approved landscape plan shall be consistent with the quantity,type,and size of plant materials shown on the landscape plan on the Plans. Developer shall furnish to the City Planner and receive the City Planner's approval of a landscape bond equal to 150% of the cost of said improvements as required by City Code. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved landscape plan in accordance with the terms and conditions of Exhibit C. 9. MECHANICAL EQUIPMENT SCREENING: Prior to building permit issuance, Developer shall submit to the City Planner,and receive the City Planner's written approval of a plan for screening of mechanical equipment on the Property. For purposes of this paragraph, "mechanical equipment"includes gas meters,electrical conduit,water meters,and standard heating,ventilating,and air-conditioning units. Security to guarantee construction of said screening shall be included with that provided for landscaping on the Property, in accordance with City Code requirements. Developer shall complete implementation of the approved plan prior to issuance of any occupancy permit for the Property. If,after completion of construction of the mechanical equipment screening,it is determined by the City Planner,in his or her sole discretion,that the constructed screening does not meet 4 the Code requirements to screen mechanical equipment from public streets and differing, adjacent land uses, then the City Planner shall notify Developer and Developer shall take corrective action to reconstruct the mechanical equipment screening in order to cure the deficiencies identified by the City Planner. Developer agrees that the City will not release the security provided until Developer completes all such corrective measures. 10. OWNER'S SUPPLEMENT TO DEVELOPMENT AGREEMENT: The Owner's Supplement to this Agreement executed by and between the City of Eden Prairie and the following are attached hereto and made a part hereof. A. Windsor Plaza,LLC, a Minnesota limited liability company 11. PEDESTRIAN GATHERING AREA-LANDSCAPING: Developer shall be responsible to maintain all the landscaping located behind and adjacent to the Pedestrian Gathering Area located in the southwest corner of the Flying Cloud Drive/ Singletree Lane intersection. 12. PUBLIC UTILITY PLANS: Prior to issuance by the City of any permit for the construction of public utilities for the Property,Developer shall submit to the City Engineer, and obtain the City Engineer's written approval of plans for public water and storm sewer. Plans for public infrastructures shall be of a plan view and profile on 24 x 36 plan sheets consistent with City standards. Prior to release of the final plat for the Property,Developer shall furnish to the City Engineer and receive the City Engineer's written approval of a surety equal to 125%of the cost of said improvements. A permit fee of five percent of construction value shall be paid to City by Developer. The design engineer shall provide daily inspection, certify completion in conformance to approved plans and specifications and provide record drawings. 13. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the Commercial Regional Service Zoning District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD 1. Building floor area ratio of.48. Code maximum is .40. 2. Building base area ratio of.27. Code maximum is .20. 3. Front yard setback to building of 5 feet from Flying Cloud Drive. Code requires 35 feet. 4. Front yard setback to building of 0 feet from Singletree Lane. Code requires 35 feet. 5. Side yard setback to building (car wash) of 16 feet. Code requires 20 feet. 6. Driveway width of 40 feet. Code maximum is 30 feet. 7. Offsite parking for 16 parking stalls. Code requires parking to be on the site it is to serve. 8. Wall/fence screening height of 10 feet. Code maximum is 6 feet. 5 14. REAFFIRMING CONDITIONS OF DEVELOPMENT AGREEMENT: Developer reaffirms all of the terms, conditions and obligations of "Developer" under the Original Development Agreement except as inconsistent with or amended by this First Amendment. 15. RETAINING WALLS: Prior to issuance by the City of any permit for grading or construction on the Property, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's written approval of detailed plans for the retaining walls identified on the grading plan in the Plans. These plans shall include details with respect to the height,type of materials,and method of construction to be used for the retaining walls. Developer agrees that the materials to be used shall be formed and poured concrete walls to simulate large block natural stone texture,and stained to simulate natural stone color as presented in the Plans. Developer shall complete implementation of the approved retaining wall plan in accordance with the terms and conditions of Exhibit C, attached hereto, prior to issuance of any occupancy permit for the Property. 16. SIDEWALK AND TRAIL CONSTRUCTION: Prior to issuance by City of any building permit on the Property, Developer shall submit to the Director of Parks and Recreation Services and obtain the Director's written approval of detailed plans for sidewalks and trails to be constructed on and adjacent to the Property. Sidewalks and trails shall be constructed in the following locations: A. An eight-foot wide bituminous trail to be located along the west side of Flying Cloud Drive as depicted in the Plans. Developer shall complete implementation of the approved plans in accordance with the terms of Exhibit C prior to issuance of any occupancy permit for the Property. Bonding in accordance with City Code shall be required for sidewalk construction. 17. SIGNS: Developer acknowledges that no approval has been granted for any sign with the Plans for the Property. Developer also acknowledges that the City will be developing a Town Center sign ordinance for consistency within the Town Center area of the MCA. Furthermore, Developer agrees that prior to issuance of any permit for any sign for the Property, Developer shall submit to the City, for review and approval through a public hearing process,a sign program for all signs for the Property demonstrating consistency with the Town Center sign ordinance. Developer agrees that for each sign which requires a permit by Eden Prairie City Code, 6 Section 11.70, Developer shall file with the City Planner and receive the City Planner's written approval of an application for a sign permit. The application shall include a complete description of the sign and a sketch showing the size, location,the manner of construction, and other such information as necessary to inform the City of the kind, size, material construction, and location of any such sign, consistent with the sign plan to be approved consistent with the Town Center sign ordinance and in accordance with the requirements of City Code, Section 11.70, Subdivision 5a. 18. SITE AMENITIES PLAN AND CONSTRUCTION DETAILS: Prior to building permit issuance for the Property, Developer shall submit to the City Planner and obtain the City Planner's written approval of a Site Amenities Plan for the Property consistent with the Exhibit B Plans and to meet the pedestrian focus of the MCA Study. The Site Amenities Plan shall include,but not be limited to the following: decorative stamped colored concrete for pedestrian sidewalks,all plazas and outdoor dining areas,and pedestrian gathering area at the northeast corner of the development;planter boxes and hanging baskets in the plaza area on the west side of the building; block stamped concrete and staining treatment for all retaining walls and fence columns; decorative lighting; bollards; benches; decorative planters;decorative trash receptacles;building wash lighting;wrought iron fencing along the sidewalk on the south side of the site adjacent to the area identified as a carwash on the Plans. 19. SITE LIGHTING: Prior to building permit issuance, Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for site lighting on the Property consistent with the approved Plans. All pole lighting shall consist of downcast shoebox fixtures not to exceed 20 feet in height. Developer shall complete implementation of the approved lighting plan prior to issuance of any occupancy permit for the Property. 20. STREETSCAPE IMPROVEMENTS ALONG FLYING CLOUD DRIVE: Developer shall be responsible for implementing streetscape improvements along Flying Cloud Drive consistent with the MCA Study for the Town Center. These improvements shall include,but not be limited to the use of decorative sidewalks, street furniture, decorative lighting, banners,trees,tree grates,flowers,fixed on the ground concrete planters,public art and other amenities. 21. TRASH: Developer agrees that all trash, trash receptacles and recycling bins shall at all times be located inside of the building enclosures depicted on the Plans. 22. TREE LOSS - TREE REPLACEMENT: There are 313 diameter inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 313 diameter inches. Tree replacement required is 416 caliper inches.Prior to the issuance of any grading permit for the Property,Developer shall submit to the City Forester and receive the City Forester's written approval of a tree replacement plan for 416 caliper inches. 7 This approved plan shall include replacement trees of a 3-inch diameter minimum size for a shade tree and a 7-foot minimum height for conifer trees. The approved plan shall also provide that, should actual tree loss exceed that calculated herein, Developer shall provide tree replacement on a caliper inch per caliper inch basis for such excess loss. Prior to issuance of any grading permit for the Property,Developer shall furnish to the City Planner and receive the City Planner's approval of a tree replacement bond equal to 150%of the cost of said improvements as required by City Code. Developer shall complete implementation of the approved tree replacement plan prior to occupancy permit issuance. 8 IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. DEVELOPER CITY OF EDEN PRAIRIE Randy's Bobby& Steves Auto World LLP By By Its Phil Young Its Mayor By By Its Scott H. Neal Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2010, by Phil Young and Scott H.Neal,respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2010,by ,the ,of Randy's Bobby& Steves Auto World LLP, a limited liability partnership, on behalf of the partnership. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 9 EXHIBIT A FIRST AMENDMENT TO DEVELOPMENT AGREEMENT - RANDY'S BOBBY & STEVES AUTO WORLD Legal Description Lot 1, Block 2, and Outlot B, WINDSOR PLAZA 10 EXHIBIT B FIRST AMENDMENT TO DEVELOPMENT AGREEMENT - RANDY'S BOBBY & STEVES AUTO WORLD PLANS LIST OF MATERIALS 1. A1.1-Site Plan dated 06-02-09 by Cluts O'Brien Strother Architects 2. A2.1-Main Level Floor Plan dated 07-24-08 by Cluts O'Brien Strother Architects 3. A2.2-Second and Basement Floor Plans dated 06-02-09 by Cluts O'Brien Strother Architects 4. A2.3-Roof Plan dated 07-24-08 by Cluts O'Brien Strother Architects 5. A3.1-Exterior Elevations with Alternate Dashed dated 08-05-09 by Cluts O'Brien Strother Architects 6. A3.2-Exterior Elevations with Alternate Dashed dated 08-05-09 by Cluts O'Brien Strother Architects 7. A4.1-Sections and Details dated 12-24-09 by Cluts O'Brien Strother Architects 8. A4.2-Sections dated 07-24-08 by Cluts O'Brien Strother Architects 9. A11.1-Carwash Floor Plan and Elevations dated 08-04-09 by Cluts O'Brien Strother Architects 10. Cl-Civil Site Plan dated 08-13-07 by Westwood Professional Services, Inc. 11. C2-Grading, Drainage, and Erosion Control Plan dated 08-13-07 by Westwood Professional Services, Inc. 12. C3-Utility Plan dated 08-13-07 by Westwood Professional Services, Inc. 13. A1.1-Site Plan dated 08-13-07 by Cluts O'Brien Strother Architects 14. B-Plan Alternative B dated 08-13-07 by Cluts O'Brien Strother Architects 15. Landscape Plan dated 08-13-07 by Cluts O'Brien Strother Architects 16. L1.2 Amenity Plan dated 08-13-07 by Cluts O'Brien Strother Architects 17. L1.1A Site Plan Plantings and Plaza Information dated 08-13-07 by Cluts O'Brien Strother Architects 11 EXHIBIT C FIRST AMENDMENT TO DEVELOPMENT AGREEMENT - RANDY'S BOBBY & STEVES AUTO WORLD I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan(1"=100'scale) showing existing and proposed contours,proposed streets,and lot arrangements and size,minimum floor elevations on each lot,preliminary alignment and grades for sanitary sewer,water main,and storm sewer, 100- year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots,location of walks,trails,and any property deeded to the City. II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. III. Developer shall pay cash park fees as to all of the Property required by City Code in effect as of the date of the issuance of each building permit for construction on the Property. IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof,Developer,for itself,its successors,and assigns,shall not oppose the City's reconsideration and rescission of any Guide Plan Change, PUD, Rezoning, Site Plan Review and/or Preliminary Plat review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. V. Provisions of this Agreement shall be binding upon and enforceable against the Property and the Owners, their successors and assigns of the Property. VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VII. Developer represents that it has marketable fee title to the Property, except: A. Windsor Plaza,LLC, a Minnesota limited liability company With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: 12 A. That Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances except as identified on Exhibit D . Prior to final plat approval, Developer shall provide to the City a current title insurance policy insuring such a condition of title. B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property,any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601,et. seq.,or Minn. Stat., Sec. 115B.01,et. seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances") except in compliance with applicable law; C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of,place or otherwise have,in or on the Property,any Hazardous Substances. D. That to the best of Developer's knowledge without investigation no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any Hazardous Substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss,costs,damage and expense,including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been,used, employed, deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning,and Chapter 12, Subdivision Regulations,of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. IX. Prior to release of the final plat,Developer shall pay to City fees for the first three(3)years' street lighting on the public streets adjacent to the Property(including installation costs, if any, as determined by electrical power provider), engineering review, and street signs. X. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. XI. Developer acknowledges that the rights of City performance of obligations of Developer 13 contemplated in this agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees,therefore,that in the event Developer violates,fails,or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this Agreement or provided to the parties by law or equity is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. XII. Developer shall,prior to the commencement of any improvements,provide written notice to Comcast of the development contemplated by this Development Agreement. Notice shall be sent to Comcast Cable, 9705 Data Park, Minnetonka, Minnesota 55343. XIII. Prior to building permit issuance,all fees associated with the building permit shall be paid to the Inspections Department,including;Building permit fee,plan check fee,State surcharge, metro system access charge(SAC),City SAC and City water access charge(WAC),and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units. XIV. Prior to building permit issuance, except as otherwise authorized in the approved Plans, existing structures, wells and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department, provided however this does not apply to monitoring wells required by the Minnesota Pollution Control Agency. XV. Prior to building permit issuance,provide two copies of an approved survey or site plan(1"= 200 scale)showing proposed building location and all proposed streets,with approved street names, lot arrangements and property lines. XVI. The City shall not issue any building permit for the construction of any building,structure,or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. XVII. No failure of the City to comply with any term,condition,covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges. No execution on any claim, demand, cause of action or judgment shall be levied upon or collected from the general credit, general fund or taxing powers of the City. XVIII. NOT APPLICABLE Prior to issuance of the first building permit for the Property,Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four foot tall posts. A 2 '/2 by 6 inch sign or decal reading "Scenic/Conservation Easement Boundary, City of Edcn Prairie", will be 14 affixed to the top of the post. XIX. Within 10 days of the approval of the Development Agreement,the Developer shall record the Development Agreement at the County Recorder and/or Registrar of Titles. The final plat shall not be released until proof of filing of the Development Agreement is submitted to the City. XX. The City is hereby granted the option, but not the obligation, to complete or cause completion in whole or part of all of the Developer's obligations under this Agreement for which a bond, letter of credit, cash deposit or other security(hereinafter referred to as the "Security")is required if the Developer defaults with respect to any term or condition in this Agreement for which Security is required and fails to cure such default(s) within ten (10) days after receipt of written notice thereof from the City;provided however if the nature of the cure is such that it is not possible to complete the cure within ten (10) days, it shall be sufficient if the Developer has initiated and is diligently pursuing such cure. The Developer acknowledges that the City does not assume any obligations or duties of the Developer with respect to any such contract agreements unless the City shall agree in writing to do so. The City may draw down on or make a claim against the Security,as appropriate,upon five (5)business days notice to the Developer,for any violation of the terms of this Agreement or if the Security is allowed to lapse prior to the end of the required term. If the obligations for which Security is required are not completed at least thirty(30)days prior to the expiration of the Security and if the Security has not then been renewed,replaced or otherwise extended beyond the expiration date, the City may also draw down or make a claim against the Security as appropriate. If the Security is drawn down on or a claim is made against the Security, the proceeds shall be used to cure the default(s) and to reimburse the City for all costs and expenses, including attorneys' fee, incurred by the City in enforcing this Agreement. XXI. The Developer hereby grants the City, it's agents, employees, officers and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with this Agreement. XXII. This Agreement is a contract agreement between the City and the Developer. No provision of this Agreement inures to the benefit of any third person,including the public at large,so as to constitute any such person as a third-party beneficiary of the Agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action for any person not a party hereto. 15 OWNERS' SUPPLEMENT TO FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN RANDY'S BOBBY & STEVES AUTO WORLD, LLP AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of , 2010, by and between Windsor Plaza,LLC, a Minnesota limited liability company, ("Owner"), and the CITY OF EDEN PRAIRIE ("City"): For, and in consideration of, and to induce City to adopt Resolution No. 2007-22 for Planned Unit Development Concept Review,Ordinance No. for Planned Unit Development District Review and Zoning District Change from Highway Commercial and Office to Commercial Regional Service, and Resolution No. for Site Plan Review, as more fully described in that certain Development Agreement entered into as of ,by and between Randy's Bobby&Steves Auto World LLP,a Minnesota limited liability partnership,and City("Development Agreement"), Owner agrees with City as follows: 1. If Randy's Bobby & Steves Auto World LLP, fails to commence development in accordance with the Development Agreement and fails to obtain an occupancy permit for all of the improvements referred to in the Development Agreement within 24 months of the date of this Owners' Supplement, Owner shall not oppose the City's reconsideration and rescission of Resolution No. 2007-22 for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from Highway Commercial and Office to Commercial Regional Service, and Resolution No. for Site Plan Review, identified above, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. 2. This Agreement and the Development Agreement shall be binding upon and enforceable against the Property and the Owner,their successors and assigns of the Property. 3. If Owner transfers this Property,Owner shall obtain an agreement from the transferee requiring that such transferee agree to all of the terms, conditions and obligations of "Developer" in the Development Agreement. Neither the Owner or transferee are required to develop the property in accordance with this Agreement, so long as Owner or transferee obtain such approvals as are required by City Code to develop the Property in a manner other than as set forth in this Agreement. 16 IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. OWNERS CITY OF EDEN PRAIRIE Windsor Plaza, LLC A Minnesota limited liability company By By Its Phil Young Its Mayor By By Scott H. Neal Its Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2010,by Phil Young and Scott H.Neal,respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation,on behalf of said corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2010,by ,the of Windsor Plaza, LLC, a Minnesota limited liability company, on behalf of the company. Notary Public 17 EXHIBIT A OWNERS SUPPLEMENT Legal Description Lot 1, Block 2, and Outlot B, WINDSOR PLAZA 18 EXHIBIT D FIRST AMENDMENT TO DEVELOPMENT AGREEMENT - RANDY'S BOBBY & STEVES AUTO WORLD 1. Defects,liens,encumbrances,adverse claims or other matters,if any,created,first appearing in the Public Records or attaching subsequent to the effective date hereof but nor to the date the Proposed Insured acquires for value of record the estate or interest or Mortgage thereon covered by this Commitment. 2. a. Taxes and assessments for 2010 and all subsequent years(see#2.1 below).b. Rights or claims of parties in possession not shown by the public records. c. Encroachments,overlaps,boundary line disputes,and any other matters which would be disclosed by an accurate survey and Inspection of the premises. d. Easements,or claims of easements,not shown by the Public Records. e. Any lien. or right to a lien,for services,labor or materials heretofore or hereafter furnished,imposed by law and not shown by the Public Records. 1. Parcel 1 : PIO No. 14-116-22-13-0047. The 2010 taxes are in the amount of $35,622.18; first half due May 17,2010.No levied or pending assessments. Parcel 2: PIO No. 14-116-22-13-0048. The 2010 taxes are in the amount of$10,307.32; first half due May 17,2010.No levied or pending assessments. Any final policy to be Issued hereunder will contain an exception for unpaid utility charges which are not a lien as of the effective date of the policy. g. Subject to a limitation of the right of access from a portion of the described property, which limitation was acquired by the City of Eden Prairie in Deed Doc.No. 1174394. Affects Parcel 1. h. Subject to a )ermanent slope easement over a portion of the above land as shown in Deed Doc.No. 1174394.Affects Parcel 1. i. Mortgage from Randy's Bobby& Steves Auto World,LLP,a Minnesota limited liability partnership,in favor of 21st Century Bank,a Minnesota corporation,dated May 17,2006,filed for registration May 19,2006 as Doc.No.4261246.Affects Parcel 1. j. Underground Storage Tank Affidavit filed for registration on July 28,2006 as Doc.No.4287589.Affects Parcel 1. k. Assessment Agreement between the Housing&Redevelopment Authority in and for the City of Eden Prairie and Randy's Bobby& Steves Auto World,LLP dated September 4,2007,filed September 7,2007 as Doc.No.4423813.Affects Parcel 1. I. Agreement between Randy's Bobby& Steves Auto World, LLP and the City of Eden Prairie dated September 4,2007,filed September 7,2007 as Doc.No.4423817.Affects Parcel 1. m. Easement Agreement between Randy's Bobby& Steves Auto World,LLP and Windsor Plaza,LLC dated December 28,2007,filed December 31,2007 as Doc.No.4458085. Affects Parcel 1. 19 n. UCC Financing Statement by Norseman Oil Co.,Inc. in favor of US Bancorp filed October 4,2005 as Doc.No.4170521.Amendment Agreement changing the name of the debtor to Randy's Bobby& Steves Auto World,LLP was flied September 26, 2006 as Doc.No.4309935.Affects Parcel 1. o. Subject to a non-exclusive roadway easement for ingress and egress as set forth in Document No. 1238180 filed for registration September 20,1977. Affects Parcel 2. p. Subject to Contract for Deed between NTI Properties,LLC, a Minnesota limited liability company,as seller,and Amke Corporation,a Minnesota corporation,as -purchaser,dated December 30,2005,filed for registration March 31,2006 as Doc. No.4242164. Includes additional land.Affects Parcel 2. q. Mortgage, Security Agreement and Fixture Financing Statement from Windsor Plaza, LLC,as mortgagor,to M&I Marshall& !Isley Bank,as mortgagee,dated September 15, 2006,filed for registration September 28,2006 as Doc.No. 4311298 In the amount of $32930,000.00. Said Mortgage was amended by Amendment of Mortgage between Windsor Plaza,LLC,as mortgagor,and M&I Marshall&Ilsley Bank,as mortgagee, dated December 28,2007,filed for registration January 4,2008 as Doc.No.4459016, increasing the amount secured to$30,570,000.00.Assignment of Amended and Restated Mortgage and Security Agreement and Fixture Financing Statement from M&I Marshall&Ilsley Bank,as assignor,to Northern Holding III,LLC,as assignee,dated December 31,2009,filed January 13,2010 as Doc.No.4720962.Affects Parcel 2. r. Assignment of leases and Rents from Windsor Plaza,LLC,as assignor,to M&I Marshall&Ilsley Bank,as assignee,dated September 15,2006,flied for registration September 28,2006 as Doc.No.4311299. Said Assignment of Leases and Rents was amended by Amendment to Assignment of Leases and Rents between Windsor Plaza, LLC,as assignor,and M&I Marshall&Ilsley Bank,as assignee,dated December 28,2007,filed for registration January 4,2008 as Doc.No.4459017. Said Assignment was further amended by Assignment of Amended and Restated Mortgage and Security Agreement and Fixture Financing Statement from M&I Marshall&IIsley Bank,as assignor,to Northern Holding III,tiC,as assignee,dated December 31,2009,filed January 13,2010 as Doc.No.4720963.Affects Parcel 2. 20 s. Development Agreement between Solomon Real Estate Group,Inc. and the City of Eden Prairie,dated September 4.2007,flied for registration September 7,2007 as Doc.No.4423818. Said Development Agreement was amended by Amendment between Solomon Real Estate Group,Inc. and the City of Eden Prairie,dated November 15,2007,flied for registration December 31,2007 as Doc.No.4458080. Said Development Agreement was further amended by Amendment between Solomon Real Estate Group,Inc. and tie City of Eden Prairie,dated December 18,2007,filed for registration December 31. 2007 as Doc.No.4458081. Said Development Agreement was further amended by Amendment between Solomon Real Estate Group,Inc. and the City of Eden Prairie,dated June 3.2008,flied for registration June 12, 2008 as Doc.No.4504902.Affects Parcel 2. t. Development Agreement between The Housing&Redevelopment Authority in and for the City of Eden Prairie and Windsor Plaza,LLC dated September 4,2007,filed September 7 ,2007 as Doc. No.4423820. Said Development Agreement was amended by Amendment between The Housing&Redevelopment Authority in and for the City of Eden Prairie and Windsor Plaza,LLC,dated September 2,2008. filed for registration December 2,2008 as Doc.No. 4548462.Affects Parcel 2. u. Agreement between Windsor Plaza,LLC and the City of Eden Prairie dated September 4, 2007,filed September 20,2007 as Doc. No.4428472.Affects Parcel 2. v. Agreement between Windsor Plaza,LLC and the City of Eden Prairie dated December 18, 2007,filed December 31,2007 as Doc. No.4458084.Affects Parcel 2. w. City Council Resolution No. 2008-48 vacating the public right-of-way easement over a portion of Eden Road dated April 22,2008,filed May 16,2008 as Doc. No.4496849.Affects Parcel 2. x. Option Agreement by Randy's Bobby& Steve's Auto World,LLP,and Windsor Plaza,LLC, granting an option to purchase the subject property dated September 19,2008. filed for registration September 23,2008 as Doc.No.4531699.Affects Parcel 2. y. Pending disbursement of full proceeds of the loan to be secured by the mortgage to be covered by the policyto be issued,the policy to be issued will insure only to the extent of the amount actually disbursed,but will increase as each disbursement is made in good faith and without any actual knowledge of any defects in,or objections to the title,up to the face amount of the policy. At the time of each disbursement of the proceeds of the loan,the title must be continued down to such time for possible liens,or objections intervening between the date of the policy and the date of such disbursement.Each title continuation must be evidenced by an endorsement to the policy, which endorsement will set forth all matters of record since the date of the preceding endorsement, but said endorsement will exclude coverage for matters of survey. . The policy to be issued will not guarantee the completion of the improvements nor the sufficiency of funds for the completion thereof. 21 CONSENT TO DEVELOPMENT AGREEMENT NTI Properties, LLC, a Minnesota limited liability company, as seller, and Amake Corporation, a Minnesota corporation, as purchaser, to that certain Contract for Deed dated December 30, 2005, filed for registration March 31, 2006 as Doc. No. 4242164 for the property described as Outlot B Windsor Plaza, situated in the County of Hennepin, State of Minnesota, as evidenced by Certificate of Title No. 1231144.5, do hereby consent to the Development Agreement by and between Randy's Bobby& Steves Auto World LLP, a Minnesota Limited liability partnership and the City of Eden Prairie dated , 2010 and recorded with the Office of the County Recorder as Document No. on , 2010 and agrees to be bound by the same. The undersigned consent to the recording of this Consent to Development Agreement in real estate records of both the Office of the Registrar of Titles, Hennepin County, Minnesota. In testimony thereof, the undersigned has hereunto executed this instrument this day of , 2010. NTI PROPERTIES,LLC a Minnesota limited liability company By: Title: AMAKE CORPORATION a Minnesota corporation By: Title: STATE OF MINNESOTA ) ) ss. COUNTY OF The foregoing instrument was acknowledged before me this day of , by the of NTI Properties, LLC, a Minnesota limited liability company on behalf of the company. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF The foregoing instrument was acknowledged before me this day of , by the of Amake Corporation, a Minnesota corporation on behalf of the corporation. Notary Public CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 4, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 10-5764 ITEM NO.: VIILD. Mary Krause Award Contract to Allied Blacktop Public Works/Engineering Company for the 2010 Sealcoating Project i Requested Action Move to: Award Contract for 2010 Street Sealcoating to Allied Blacktop Company, in the amount of$521,821.35. Synopsis Bids were received on Thursday, April 29, 2010 for the 2010 Sealcoating project. Four bids were received and are tabulated as follows: Allied Blacktop Company $521,821.35 Pearson Brothers, Inc. $539,023.87 ASTECH $612,966.65 Fahrner Asphalt Sealers $667,986.75 Background Information Street sealcoating is an annual street maintenance project. The sealcoat prices for this year's project are approximately 7-10 % lower compared to the 2009 sealcoat prices. The 2010 Operating and Maintenance budget for sealcoating is $245,000. The balance of approximately $280,000 between the actual project costs and budgeted amount will be taken from the CIP pavement maintenance fund for street sealcoating. Attachment • Bid Tabulation 2010 Seal Coating City of Eden Prairie I.C. #10-5764 Allied Blacktop Co. Pearson Brothers, Inc. ASTECH Corp. Fahrner Asphalt Sealers EST. UNIT UNIT UNIT UNIT NO DESCRIPTION QTY. UNIT PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL FA-3,C1.A 1 (0.34 gal/sq.yd. CRS-2P) 256,180 Sq.Yd. $1.26 $322,786.80 $1.22 $312,539.60 $1.35 $345,843.00 $1.613 $413,218.34 Bit. Seal Coat 20 lbs/sq.yd.FA-3,CL.A 2 Streets 127,659 Sq.Yd. $1.11 $141,701.49 $1.25 $159,573.75 $1.35 $172,339.65 $1.347 $171,956.67 FA-2,Modified (0.24 gal/sq.yd/CRS-2) Cl.A(1/8" Trap Rock) (20 lbs/sq.yd. FA-2 Mod) • Bituminous Seal Coat 3 Trails 26,454 Sq.Yd. $1.17 $30,951.18 $1.35 $35,712.90 $2.00 $52,908.00 $1.978 $52,326.01 FA-2,Modified Cl.A(1/8"Trap Rock) (0.24 gal/sq.yd/CRS-2) Bituminous Seal Coat (16 lbs/sq.yd. FA-2 Mod) 4 'Parking Lots 20,938 Sq.Yd. $1.26 $26,381.88 $1.49 $31,197.62 $2.00 $41,876.00 $1.456 $30,485.73 FA-2,Modified (0.28 gal/sq.yd/CRS-2P CI.A(1/8"trap rock) 16 lbs/sq.yd.FA-2 Mod.) TOTAL BASE BID $521,821.35 $539,023.87 $612,966.65 $667,986.75 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 4, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 10-5765 ITEM NO.: VIII.E. Mary Krause Award Contract to Bituminous Public Works/Engineering Roadways, Inc. for the 2010 Bituminous Overlay Project Requested Action Move to: Award Contract for 2010 Street Bituminous Overlay project to Bituminous Roadways, Inc. in the amount of$1,354.750.00. Synopsis Bids were received on Thursday, April 29, 2010 for the 2010 Bituminous Overlay project. Eight bids were received and are tabulated as follows: Bituminous Roadways, Inc. $1,354,750.00 William Mueller& Sons, Inc. $1,491,750.00 GMH Asphalt Corporation $1,552,015.00 Midwest Asphalt Corporation $1,558,525.00 Northwest Asphalt, Inc. $1,578,660.00 Hardrives, Inc. $1,596,200.00 C.S. McCrossan Construction, Inc. $1,672,125.00 Valley Paving, Inc. $1,687,385.00 Background Information The Bituminous Overlay is an annual street maintenance project. The bituminous price for this year's overlay project is about 1'/2% less than the 2009 overlay bituminous price. The 2010 Operating and Maintenance budget for milling and overlay is $250,000. The Council-approved five-year CIP allocated an additional $1,575,000 for pavement maintenance for 2010. In addition to the overlay project, the pavement maintenance CIP fund also finances seal coating, cracksealing and striping projects. The projected total price for these 2010 pavement maintenance projects is approximately$2,200,000. Attachment • Bid Tabulation 2010 Bituminous Overlay City of Eden Prairie I.C. #10-5765 Bituminous Wm.Mueller& Sons, GMH Asphalt Corp. Midwest Asphalt Northwest Asphalt Hardrives,Inc. C.S.McGrossan Valley Paving,Inc. Roadways,Inc. Inc. Corp. Inc. Construction,Inc. EST. UNIT UNIT UNIT UNIT UNIT UNIT UNIT UNIT NO. DESCRIPTION QTY. UNIT PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL I MnDOT Mix (MVWE45035B) 27,500 Tons $47.00 $1,292,500.00 $51.60 $1,419,000.00 $55.55 $1,527,625.00 $56.35 $1,549,625.00 $54.40 $1,496,000.00 $56.00 $1,540,000.00 $57.75 $1,588,125.00 $58.75 $1,615,625.00 2 Bituminous Edge Milling 7,000 Lin.Ft. $0.75 $5,250.00 $0.35_ $2,450.00 $0.77 $5,390.00 $1.00 $7,000.00 $0.68 $4,760.00 $0.70 $4,900.00 $2.50 $17,500.00 $0.48_ $3,360.00 3 Bituminous Full Depth Milling 190,000 Sq.Yds. $0.30 $57,000.00 $0.37 $70,300.00 $0.10 $19,000.00 $0.01 $1,900.00 $0.41 $77,900.00 $0.27 $51,300.00 $0.35 $66,500.00 $0.36 $68,400.00 TOTAL BASE BID $1,354,750.00 $1,491,750.00 $1,552,015.00 $1,558,525.00 $1,578,660.00 $1,596,200.00 $1,672,125.00 $1,687,385.00 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 4, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: #07-5690 ITEM NO.: VIII.F. Randy Newton Approve Professional Services Public Works/Engineering Agreement with SRF Consulting Group, Inc. for Construction Phase Services for the Singletree Lane Improvements Requested Action Move to: Approve Professional Services Agreement with SRF Consulting Group, Inc. for Construction Phase Services for the Singletree Lane Improvements. Synopsis This Professional Services Agreement will provide construction phase services (staking, inspection, and contract administration) for the Singletree Lane Improvements. The project is scheduled for construction this summer. The total estimated costs in the agreement are $107,000 which includes $10,000 in additional project design fees. 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. Construction of the project is planned to occur between May and September of this year. The project has been designed,plans and specifications have been approved, and the bids for construction are scheduled to be opened on May 6th. The contract award for this project is expected to be on the May 18th City Council agenda. The additional design fees included in this contract are to account for plan and specifications changes that occurred as a result of the project being delayed from 2009 to 2010. In addition some minor sidewalk, channelization island, and pedestrian curb ramp improvements at the Flying Cloud Drive/Regional Center Road intersection were added to the project. Attachments • Professional Services Agreement Rev. 8-07-2009 Standard Agreement for Professional Services This Agreement is made on the 4th day of May , 2010, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and SRF Consulting Group, Inc. , a Minnesota corporation (hereinafter "Consultant") whose business address is One Carlson Parkway North, Suite 150, Minneapolis, MN 55447. Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for Singletree Lane In-Construction Services hereinafter referred to as the "Work". The City and Consultant agree as follows: 1. Scope of Work/Proposal. The Consultant agrees to provide the professional services shown in Exhibit "A" ( SRF Proposal Letter dated April 22, 2010 ) in connection with the Work. The terms of this standard agreement shall take precedence over any provisions of the Consultants proposal and/or general conditions. 2. Term. The term of this Agreement shall be from May 4, 2010 through June 30, 2011 the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $ 107,000 for the services as described in Exhibit A. A. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 1 Rev. 8-07-2009 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. D. Owner's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. B. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services performed prior to receipt of written notice from the City of such suspension, all as shown on Exhibit A. C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described in Section 3B, and for other items when authorized in writing by the City. D. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 6. Project Manager and Staffing. The Consultant has designated Matt Hansen and Mark Hansen to serve on the Project. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms 2 Rev. 8-07-2009 established herein. Consultant may not remove or replace these designated staff from the Project without the approval of the City. 7. Standard of Care. All Work performed pursuant to this Agreement shall be in accordance with the standard of care in Hennepin County, Minnesota for professional services of the like kind. 8. Audit Disclosure. Any reports, information, data, etc. given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. The Consultant shall at all times abide by Minn. Stat. 13.01 et seq., the Minnesota Government Data Practices Act, to the extent the Act is applicable to data and documents in the possession of the Consultant. 9. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the work identified in Paragraph 1. 10. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 11. Independent Consultant. At all times and for all purposes herein, the Consultant is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Consultant an employee of the City. 12. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such 3 Rev. 8-07-2009 work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 13. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 14. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 15. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 16. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 17. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. The Consultant and City, together with their respective agents and employees, agree to abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 18. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 19. Indemnification. Consultant agrees to defend, indemnify and hold the City, its officers, and employees harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney's fees, to the extent attributable to a negligent or otherwise wrongful act or omission (including without limitation professional errors or omissions) of the Consultant, its agents, employees, or subcontractors in the performance of the services provided by this Agreement and against all losses by reason of the failure of said Consultant fully to perform, in any respect, all obligations under this Agreement. Consultant further agrees to indemnity the City for defense costs incurred in defending any claims, unless the City is determined to be at fault. 20. Insurance. A. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims for bodily injury or death, or for damage to property, including loss of use, which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but 4 Rev. 8-07-2009 not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. The policy(ies) shall name the City as an additional insured for the services provided under this Agreement and shall provide that the Consultant's coverage shall be primary and noncontributory in the event of a loss. B. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability on this Project: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Comprehensive General Liability $1,000,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products — Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non- owed vehicles. Umbrella or Excess Liability $1,000,000 C. The Comprehensive General/Commercial General Liability policy(ies) shall be equivalent in coverage to ISO form CG 0001, and shall include the following: a. Premises and Operations coverage with no explosions, collapse, or underground damage exclusion (XCU). b. Products and Completed Operations coverage. Consultant agrees to maintain this coverage for a minimum of two (2) years following completion of its work. Said coverage shall apply to bodily injury and property damage arising out of the products-completed operations hazard. c. Personal injury with Employment Exclusion (if any) deleted. d. Broad Form CG0001 0196 Contractual Liability coverage, or its equivalent. e. Broad Form Property Damage coverage, including completed operations, or its equivalent. f. Additional Insured Endorsement(s), naming the "City of Eden Prairie" as an Additional Insured, on ISO form CG 20 10 07 04 or such other endorsement form as is approved by the City. g. If the Work to be performed is on an attached community, there shall be no exclusion for attached or condominium projects. 5 Rev. 8-07-2009 h. "Stop gap" coverage for work in those states where Workers' Compensation insurance is provided through a state fund if Employer's liability coverage is not available. i. Severability of Insureds provision. D. Professional Liability Insurance. The Consultant agrees to provide to the City a certificate evidencing that they have in effect, with an insurance company in good standing and authorized to do business in Minnesota, a professional liability insurance policy. Said policy shall insure payment of damage for legal liability arising out of the performance of professional services for the City. Said policy shall provide an aggregate limit of$2,000,000. Said policy shall not name the City as an insured. Consultant's aggregate liability for claims relating to its professional services will not exceed the professional liability limit required under this Agreement E. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. In addition to the requirements stated above, the following applies to the insurance policies required under this Paragraph: a. All policies, except the Professional Liability Insurance policy, shall be written on an "occurrence" form ("claims made" and "modified occurrence" forms are not acceptable); b. All policies, except the Professional Liability Insurance policy, shall be apply on a "per project" basis; c. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall contain a waiver of subrogation naming "the City of Eden Prairie"; d. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall name "the City of Eden Prairie" as an additional insured; e. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement; and f. All polices shall contain a provision that coverages afforded there under shall not be canceled or non-renewed, nor shall coverage limits be reduced by endorsement, without thirty (30) days prior written notice to the City. A copy of the Consultant's Certificate of Insurance which evidences the compliance with this Paragraph 20, must be filed with City prior to the start of Consultant's Work. Upon request a copy of the Consultant's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt 6 Rev. 8-07-2009 thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to enforce the terms of Consultant's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. F. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: a. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or b. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 21. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 22. Dispute Resolution/Mediation. Each dispute, claim or controversy arising from or related to this Service Agreement or the relationships which result from this Agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement 7 Rev. 8-07-2009 resulting from the mediation in a Mediated Settlement Agreement, which Agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Conflicts. No salaried officer or employee of the City and no member of the Board of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. Any federal regulations and applicable state statutes shall not be violated. 25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager FIRM NAME By: Its: 8 SRF CONSULTING GROUP , INC . MINNEAPOLIS FARGO ENGINEERS I PLANNERS I DESIGNERS MADISON April 22, 2010 [Ref. to SRF No. 0065921 0120] Mr. Randy Newton, PE, PTOE Assistant City Engineer CITY OF EDEN PRAIRIE 8080 Mitchell Road Eden Prairie, MN 55344 SUBJECT: PROPOSAL FOR IN-CONSTRUCTION SERVICES FOR SINGLETREE LANE SP 2744-59;CITY IMPROVEMENT No. 07-5690 Dear Mr. Newton: Thank you for the opportunity to submit a proposal for professional In-construction Services for the referenced project. SRF is excited to continue working with the City on this important project to reconstruct•Singletree Lane and improve the pedestrian environment with lighting and streetscape amenities. SCOPE OF SERVICES We understand that the City is requesting construction administration, observation and staking for the project. SRF Design staff will be available to address questions that arise from various construction issues including design details, shop drawing reviews, etc. For the purposes of this proposal, our scope of work is divided into two areas: 1. Final Design Services (for design tasks beyond our current final design scope); and 2. In-construction Services Our Final Design Services will include completion of the following tasks: — Project specification revisions to reflect City standard updates and 2010 dates — Design and coordination of pedestrian curb ramps at Flying Cloud Drive/Regional Center Road — Modify traffic signal plans due to recent trail construction — Coordination of Hennepin County streetscape standards — Review/modifications to the plan, necessary for the new trail coming from the north (Flying Cloud Drive) into the northwest corner of Flying Cloud Drive/Singletree Lane SRF's approach to the construction stage of the project will be the same as our approach to all projects: maintain close, responsive communication with you and act as an extension of City staff. We propose to carry out our work as follows: www.srfconsulting.com One Carlson Parkway North, Suite 150 I Minneapolis,MN 55447-4443 1763.475.0010 Fax:763.475.2429 An Equal Opportunity Employer Mr. Randy Newton, PE, PTOE Assistant City Engineer - 2 - April 22, 2010 1. Construction Administration ---- Generally SRF staff will be available on an as-needed basis to assist the City with various tasks including, but not limited to, the following: - Attend preconstruction conference. - Perform periodic on-site review of the project's progress. - Review shop drawing submittals. - Assist with general design questions that arise during construction. - Prepare periodic payment request forms. - Prepare regular construction updates (weekly) to be distributed either via email or posted on the City's project website. - Prepare change orders and other written directions, if required. - Prepare letter of final review and acceptance. - Prepare other construction documentation (Mn/DOT), as necessary. - Coordinate with SRF Survey crew to prepare record drawings on mylar. 2. Construction Inspection (Mn/DOT certified inspector) - SRF will provide daily construction observation during the course of the project. Generally, we will be on site during all significant construction activities and we will maintain close communications with City inspectors. Specific tasks include the following: - Perform observation and keep daily records of the construction activities of the Contractor and utility companies. - Prepare and file copies of reports on the construction activities. - Keep a record of the quantities of each of the pay items used in the work. - Periodically review the Contractor's progress. -- Perform field measurements for use in measurement of quantities and preparation of record plans. - Arrange for construction staking as required by the Contractor's progress. - Upon substantial completion, prepare a"punch list". - Coordinate and review testing of materials and lines. - Prepare final inspection letter. - Conduct warrantee inspection. - Conduct final review of the project. - State Aid forms and required documentation. 3. Construction Surveying and Staking - SRF will provide a fully equipped survey crew for all of the construction surveying needs for the project. Our survey crew will coordinate its schedule and work tasks with the staking demands of the project. Our surveying staff is experienced in all aspects of roadway and utility construction surveying, and will provide the surveying and staking necessary for the project including, but not limited to,the following: Mr. Randy Newton, PE, PTOE Assistant City Engineer - 3 - April 22, 2010 - Staking for limits of construction. -- Staking for grading. - Staking alignment & grade for utilities including sanitary sewer, water main & storm sewer. - Staking for alignment and grade of curb and gutter. - Staking for other project facilities (lighting, streetscape, signals, etc.), as needed. - Coordination with the City and Contractor. - Stake-out computations for field crews. PROJECT TEAM SRF will provide the same core team to the City during the in-construction phase to maintain continuity and build on previous design background and experience. The roles of key team members are summarized as follows: Matt Hansen, PE, LS Matt will continue to provide overall project leadership and Principal-in-Charge ensure that sufficient staff and resources are provided for the project. Mark Hansen, PE Mark has been involved in the project since its inception. Project Manager He will continue to serve as a daily point of contact providing feedback and review of various construction and design issues on an as-needed basis. Greg Eckblad Greg will oversee our construction administration and Principal Technician Supervisor observation activities, including all required State Aid documentation. Zachary Kartak, PE Zack will provide daily construction observation and will be Senior Engineer on-site during all significant construction activities. Dean Dusheck, LS Dean will oversee the construction surveying activities of the Senior Associate SRF Survey crews. Dean will check and review stake-out computations for field crews and coordinate the Survey crew's scheduling. Joni Giese, ASLA Joni has guided the streetscape design from concept to final Senior Associate plans. She will be available for feedback and review of streetscape elements. Brian Holt, PE Brian will review all street lighting shop drawings and Senior Associate provide other assistance with lighting questions during construction. Adrian Potter, PE, PTOE Adrian will review all traffic signals shop drawings and Associate provide review and feedback during construction of all signal questions. Mr. Randy Newton, PE, PTOE Assistant City Engineer - 4 - April 22, 2010 SCHEDULE AND BUDGET SRF is prepared to assist the City with the necessary in-construction services as soon as construction activities begin. We assume construction will begin in May 2010 and run through the end of September 2010. If the project progresses with no significant setbacks or schedule-affecting problems, we estimate the cost of our In-construction Services to be $87,000. However, we recommend that the City reserve a $10,000 contingency budget to account for factors out of our control that would have a significant impact on the project progress. These factors include a variety of items such as contractor efficiency and weather conditions. Based on our understanding of the project and our scope of services and an estimated construction cost of$1,172,000, we estimate the cost of our services as follows: 1. Final Design Services $ 10,000 2. In-construction Services $ 87,000 3. In-construction Contingency $ 10,000 TOTAL $107,000 We propose to be reimbursed for our services on an hourly basis for actual time expended. Direct project expenses such as reproduction, postage, etc. will be billed at cost and mileage will be billed at the current allowable IRS rate for business miles. Invoices are submitted on a monthly basis for work performed during the previous month and payment is due within 30 days. NOTICE TO PROCEED A signed copy of this proposal or a separate letter of authorization, either mailed or faxed to our office, will serve as our notice to proceed. We sincerely appreciate your consideration of this proposal and look forward to continuing to work with the City on this important project. Please feel free to contact us if you have any questions or need additional information. Sincerely, APPROVED: SRF CONSULTING GRO P,INC.7/4(../kedio7 _ (Signature) Name Matthew D. Hansen, PE, LS Pri•cipal Title Date ieJames R. Dvorak, PE Vice President MDH/JRD/bls This cost proposal is valid for a period of 90 days. SRF reserves the right to adjust its cost estimate after 90 days from the date of this proposal. SRF No. P10151 K:MarkelinglProposals120101 ester Proposa(s1P10151 SingletreeLane_InconstructtonSrvr 042210.doc CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 4, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: #09-5749 ITEM NO.: VIII.G. Randy Newton Approve Amended Agreement with HTPO, Inc. Public Works/Engineering for Construction Phase Services for the Flying Cloud Drive Trail Improvements Requested Action Move to: Approve Amended Agreement with HTPO, Inc. for Construction Phase Services for the Flying Cloud Drive Trail Improvements. Synopsis HTPO, Inc. is requesting a$7,000 budget extension for Construction Phase Services for the Flying Cloud Drive Trail Improvements. The request is a result of the extended construction time line of the project. Staff recommends approval. Background Information The Flying Cloud Drive Trail improvements include the construction of new trail facilities in the following locations: • East side of Flying Cloud Drive between Singletree Lane and West 78th Street. • East side of Flying Cloud Drive between Anderson Lakes Parkway and the south end of Summit Place. • West side of Flying Cloud Drive between Prairie Center Drive and Technology Drive (excluding the segment between Regional Center Road and Singletree Lane which will be constructed as part of the Windsor Plaza development). The project also includes the reconstruction of the trail on the north side of West 78th Street between Flying Cloud Drive and Prairie Center Drive. Construction on the Flying Cloud Drive Trail project began in August 2009. Several segments of the trail were substantially completed in the fall. The construction of the remaining segments of trail will be constructed later this spring. The budget extension request is a result of the extended construction time line of the Flying Cloud Drive project. The construction extension is a result of delays in obtaining all the necessary easements and delays in the necessary Xcel Energy utility pole relocation. Attachments • HTPO Amended Proposal letter I I I Engineering Surveying Landscape Architecture April 21, 2010 Mr. Randy Newton City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Flying Cloud Drive Trail,I.C. 09-5749 Dear Randy, The following estimate for changes to the scope of work identified in our Standard Agreement for Professional Services is provided for your consideration. These changes are required due to an extension of the construction beyond the 3 month duration assumed in our June 23,2009 proposal. The construction extension is a result of difficulties in easement acquisition and delays in required utility pole relocation by Xcel Energy- Estimate Change in Scope of Service +$7,000.00 Additional Construction Administration and Inspection. Assumes 80 hours of inspection time(12-15 hours per week) to cover the estimated six weeks of remaining construction to complete the project. In accordance with the Standard Agreement for Professional Services,we respectfully request approval for this change in the scope of work. Sincerely. Hansen Thorp Pellinen Olson, Inc. 7510 Market Place Drive Eden Prairie, MN 55344 At"`` (2_ `' = 952-829-0700 Laurie A.Johnson, P,E, 952-829-7806 fax Principal www.htpo.com HANSEN THORP PELLINEN OLSON, INC. Newton/Johnson April 21,2010 Page 2 Approved: City of Eden Prairie Mayor City Manager Date CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda May 4, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.H. Rick Wahlen Request to Declare Surplus— 1998 Vactor Public Works/Utilities Vacuum Sewer Cleaning System Requested Action Move to: Declare a 1998 heavy truck mounted Vactor brand hydro-vacuum sewer cleaning system as "surplus property." Synopsis The 1998 Vactor sewer cleaning system has been in daily use for 12 years. It has been routinely serviced and well maintained, including the replacement of the master pump system 3 different times. Resale values for used equipment are high this year because of the down-turn in the economy, and new equipment purchase prices are the lowest they've been in years. Customers are buying used equipment to save money, and Dealers are making exceptional deals on new equipment just to make a sale. We've considered buying a new Vactor since 2008 because of the recurring pump replacement requirements, and this year it makes economic sense to replace our aging and very specialized system. Before we can proceed with a new purchase, we must ask the council to declare the old Vactor as "Surplus Propety." Background Information The city Fleet Services vehicle management program provides guidance for the retirement of vehicles and equipment which have reached their maximum expected service value. Vehicles and equipment eventually reach a point where costs associated with maintaining them combined with their resale value towards the cost of a replacement vehicle factor into a best-value disposal window. The city's Vactor has reached that point, and replacement of this system makes good economic sense this year more than ever. This year it makes even more sense than it did in 2008 when the truck reached the threshold level for maintenance costs. An additional consideration is the fact that a brand new pump assembly was installed last fall, making the resale value significantly higher on this system. The heavy truck vacuum cleaning system will either be offered as a trade-in to buy down the cost of a new Vactor, or it will be auctioned in accordance with City Code 2.86 Subd. 3. Disposal of excess property. We will choose the option which brings the highest value to the city. This is a utility enterprise find transaction and does not impact the general fund. CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda May 4, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.I. Rick Wahlen Declare as Surplus: Water Treatment Spare Public Works/Utilities Parts and Old Equipment Requested Action Move to: Declare unneeded old parts and equipment components from the water treatment plant as "surplus property." Synopsis The Eden Prairie Water Treatment Plant has excess repair parts and items for systems that are no longer in use, as well as water treatment related equipment that is either obsolete or no longer practical to store. The parts we've had an opportunity to inventory and determined to be no longer needed are listed on the attached document. Background Information In addition to parts on hand that fit systems that are no longer in use, the water treatment plant has extra spare parts that were maintained just in case a system failed. These parts were stocked above and beyond the recommended spare parts stockage list to ensure the city never experienced a water outage due to mechanical problems. After reviewing the frequency of mechanical problems requiring these parts, the actual need never justified the expense or the time to purchase and manage the inventory. The business practice of keeping parts on hand that are readily obtained in a short period of time from the manufacturer is not a practical modicum, and we've moved toward a just-in-time parts management process for these non-critical system parts. We've also trained our staff to perform more deliberate equipment tear-down and repair work, eliminating the need to keep on hand entire assemblies, electrical motors, valves, etc. at significant cost savings. Upon declaration as surplus, the excess equipment and parts will be sold in an online public auction using GovDeals.com, and disposed of in accordance with City Code 2.86 Subd. 3. Disposal of excess property. Revenue from the sale of the property will be returned to the utility enterprise operating fund. Attachment • Excess Property List City of Eden Prairie Utilties Division Excess Property Listing May 4, 2010 Item Description Model Number Serial Number 1 Pallet Jack, Electric(12V),Clark Equipment capacity 4000 lbs WP40-48-275 WP40-1702-2145871 2 Sweeper,curb(manual) by Parker PMS091 UPMS0910827 3 Pump, polymer by Polymer Systems 157E-06 7001 4 Pump, polymer by Polymer Systems 157E-06 7002 5 Pump, polymer by Polymer Systems 157E-06 7003 6 Pump, polymer by Polymer Systems 157E-06 7004 7 Pump, metering,diaphragm by Pulsa Feed 7120-8-AE J6195-96 8 Pump, metering,diaphragm by Pulsa Feed 7120-8-AE no SN 9 Pump, metering,diaphragm by Pulsa Feed 7120-8-AE no SN 10 Pump, metering,diaphragm by Pulsa Feed 7120-8-AE no SN 11 Pump, metering,diaphragm by Pulsa Feed 7120-8-AE no SN 12 Control Panel, UL AN-322972 no SN 13 Dump Cart, .33 yd3 by Jessco, 2 ton 211305 no SN CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda May 4, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.J. Rick Wahlen Accept State Bid from MacQueen Equipment Public Works/Utilitiesfor 2010 Vactor brand Vacuum Sewer Cleaning System Requested Action Move to: Accept the State Bid from MacQueen Equipment for a new 2010 Vactor hydro- vacuum sewer cleaning system in the amount of$341,898. Synopsis The 1998 Vactor sewer cleaning system has been in daily use for 12 years. For reasons described in the accompanying Surplus Property resolution request, the city's vacuum sewer cleaning system is due for replacement, and this is the best time to purchase a new system. McQueen Equipment provided the attached State Bid for this equipment which has already been through the competitive bidding process. Background Information The city Fleet Services vehicle management program provides guidance for the retirement of vehicles and equipment which have reached their maximum expected service value. Vehicles and equipment eventually reach a point where costs associated with maintaining them combined with their resale value towards the cost of a replacement vehicle factor into a best-value disposal window. The city's Vactor is at that point, also described in detail in the Surplus Property resolution request for the old system. Staff evaluated the features of the current model with the functions and capability of a new Vactor offered on the State Bid list. McQueen's bid is a good value for the system they are offering, they have a full service shop in St. Paul, and the new system has common operating functions and repair parts with the other Vactor in our fleet we are keeping. The surplus 1998 heavy truck vacuum cleaning system will either be offered as a $75,000 trade-in to buy down the cost of the new Vactor, or it will be auctioned in accordance with City Code 2.86 Subd. 3. Disposal of excess property. We will choose the option which brings the highest value to the city. The net cost of this replacement will be funded through the sale of public bonds. Attachment • State Bid from McQueen Equipment EQUIPME?1T MC.;:• I DISTRIBUTORS OF MUNICIPAL AND CONTRACTOR EQUIPMENT The VACTOR 2100 Plus Improvements: 1) WATER PUMP LOCATION • Location Change-less hose routing,eliminates debris dumping on pump,better access for sewer, debris body washout now at side not in rear. • Revamped pump controls will lead to water usage reduced by 10% 2) HYDRAULIC DRIVE • Dual PTOs improve the hydraulic system efficiency, only running what is required and not wasting energy and sending unused hydraulic oil back to the tank. 3) IMPROVED MULTI-FLOW • Allows the operator to independently set flow at a lower RPM which results in improved fuel efficiency without sacrificing performance. 4) DIGITAL FLOW METER • Provides the operator with accurate pump performance at all times. Also, allows for the constant control of flow which is needed in "problem areas"where toilets tend to back-up due to faulty lateral construction. 5) FUEL CONSUMPTION/ENGINE OPERATING RPM • Reduction in operating sound levels—you can carry on a conversation or talk on the radio while truck is running. • Reduction in hemispherical sound levels - noise generated by pumps and PTOs. • Ability to display instant fuel usage for Chassis, and Auxiliary engine • 24.3% FUEL SAVINGS—Combination Mode • 34.3% FUEL SAVINGS—Pump mode only www.macqueeneo.com 595 Aldine Street St.Paul,MN 55104 . Bus:651.645.5726 Toll Free:800.832.6417 Fax:651.645.6668 We are an Affirmative Action,Equal Opportunity Employer 6) ADVANCED ELECTRONICS—INTELLIVIEW SCREEN • Easy to read screen makes operation easier thanks to its diagnostic, trouble shooting and safety check capabilities. • Displaying blower temperature, monitoring flow, pressure and system diagnostic, INTELLIVIEW saves time and money and helps operators keep safe. 7) FRONT HOSE REEL CONTROLS • 6"-8" ground clearance improvement • 25% less hydraulic hose • 35% less hydraulic fittings • Electronic joystick reel directional control • Electronic reel speed control • Control box completely sealed to NEMA4 Standards • E-Stop control at front reel 8) POSITIVE DISPLACEMENT • Blower engagement at Front Hose Reel-NOT inside cab. • Elimination of air clutch reduces maintenance • Transfer.case does not turn when blower isn't engaged; reduces noise and wear • Blower protection consists of a horizontal micro screen filter; three stainless steel micro screens and now more accessible,easier to clean and provide increased filtration. **Annually Vactor costs raise by an average by 4% ($12,000 to $15,000)on the State Contract. The Trade Value of Eden.Prairie's 1998 Vactor($75,000)would decrease$5,000-$10,000 on an annual basis depending on hours used,maintenance,and market conditions. www.macqueeneq.com 595 Aldine Street St.Paul,MN 55104 . Bus:651.645.5726 Toll Free:800.832.6417 Fax:651.645.6668 We are an Affirmative Action,Equal Opportunity Employer • MAC QUEEN EQUIPMENT, INC. QUOTE # 1100123 595 ALDINE ST. ST. PAUL MN, 55104 QUOTE DATE: 651-645-5726 WATTS 1-800-832-6417 02/24/10 ORDER: FAX 651-645-6668 ORDER DATE: CITY OF EDEN PRAIRIE SHIP TO: CITY OF EDEN PRAIRIE ATTN: ACCOUNTS PAYABLE 8080 MITCHELL ROAD 15150 TECHNOLOGY DR. EDEN PRAIRIE MN 55344 EDEN PRAIRIE MN 55344 TERMS: N30 Customer P.O. : SALES REP. :PURDY/WEIS Customer Phone: 952-949-8300 QTY. DESCRIPTION EACH EXTENDED PRICE 1 .00 *VACTOR 2115 PLUS BASE PRICE 177,583.00 177,583.00 1 .00 *2.4 AUTO DEBRIS BODY WASHOUT 1 ,340.00 1 ,340.00 1 .00 *2.8 15 YD BODY 1300 GL WATER 24,970.00 24,970.00 1 .00 *2.9 REAR DOOR HYD OPEN/CLOSE 0.00 0.00 1 .00 *2.11 6° KNIFE/REAR DOOR CAM 1 ,210.00 1 ,210.00 3.00 *2.10 PIPE RACK LEFT-RIGHT-REA 2,790.00 8,370.00 1 .00 *2.12 SPLASH SHIELD-REAR DOOR 705.00 705.00 1 .00 *2.13 LUBE MANIFOLD 2,025.00 2,025.00 1 .00 *2.14 DEFLECTOR PLATE DEBRIS 0.00 0.00 1 .00 *2.15 HI-DUMP 0.00 0.00 1 .00 *2.17 TWO CAMERA REAR-HOSE REE 2,900.00 2,900.00 1 .00 *3.9 ROOTS 821 RCS/16"BLOWER 2,140.00 2,140.00 1 .00 *3.11 AIR SHAFT CONTROLS 0.00 0.00 1 .00 *3.12 OMSI TRANSFER CASE 0.00 0.00 1 .00 *4.9 5 X 5 EXTENDABLE BOOM 8,250.00 8,250.00 1 .00 *4.10 JOYSTICK CONTROL 730.00 730.00 1 .00 *4.13 WIRELESS REMOTE - BOOM 1 ,635.00 1 ,635.00 1 .00 *4.15 POST BOOM STORAGE 480.00 480.00 1 .00 *5.2 COLD WEATHER RECIRCULATIO -1 ,220.00 -1 ,220.00 1 .00 *5.4 ACCUMULATOR 2,465.00 2,465.00 1 .00 *5.5 3` Y STRAINER @ PUMP 0.00 0.00 1 .00 *5.6 MULTIFLOW 0.00 0.00 1 .00 *5.8 RODDER PUMP DRAIN VALVES 445.00 445.00 1 .00 *6.4 AUTO LEVEL WIND GUIDE 4,255.00 4,255.00 1 .00 .*6.6800. X .1 .SEWER...HQ$. ...25.0QPS . . . .840...0.0. ... . .. . 8.40..0.0 1 .00 *6.14 CHASSIS TACHOMETER 0.00 0.00 1 .00 *6.15 DIGITAL FOOTAGE COUNTER 1 ,530.00 1 ,530.00 1 .00 *7.2 1500 GALLON WATER TANK 1 ,210.00 1 ,210.00 1 .00 *7.6 HAND GUN-SPRING RETRACTAB 1 ,150.00 1,150.00 *** CONTINUED NEXT PAGE *** MAC QUEEN EQUIPMENT, INC. QUOTE # 1100123 595 ALDINE ST. ST. PAUL MN, 55104 QUOTE DATE: 651 -645-5726 WATTS 1-800-832-6417 02/24/10 ORDER: FAX 651-645-6668 ORDER DATE: CITY OF EDEN PRAIRIE SHIP TO: CITY OF EDEN PRAIRIE ATTN: ACCOUNTS PAYABLE 8080 MITCHELL ROAD 15150 TECHNOLOGY DR. EDEN PRAIRIE MN 55344 EDEN PRAIRIE MN 55344 TERMS: N30 Customer P.O. : SALES REP. :PURDY/WEIS Customer Phone: 952-949-8300 QTY. DESCRIPTION EACH EXTENDED PRICE 1 .00 *7.9 NOZZLES 0.00 0.00 1 .00 *7.11 LOW WATER ALARM W/LIGHT 470.00 470.00 1 .00 *7.15 3" DRAIN VALVE AT PUMP 400.00 400.00 1 .00 *7.16 3" Y STRAINER AT FILL 390.00 390.00 2.00 *9.2 8x5' ALUMINUM PIPE 160.00 320.00 2.00 *9.1 8x3' ALUMINUM PIPE 135.00• 270.00 1 .00 *9.11 TOW HOOKS 330.00 330.00 1 .00 *9.22 LED SPLIT ARROW 1 ,435.00 1 ,435.00 1 .00 *9.24 HAND LIGHT RETRACTABLE 500.00 500.00 3.00 *9.3 8x7.5' ALUMINUM PIPE 175.00 525.00 1 .00 *9.29 WORK LIGHTS ON BOOM 700.00 700.00 3.00 *9.28 WORK LIGHTS:OP. REEL REA 550.00 1 ,650.00 1 .00 *9.33 LED STOP-TURN-TAIL 590.00 590.00 1 .00 *9.32 LED REAR BUMPER STROBES 1 ,130.00 1 ,130.00 1: 00-*TRADES-IN.-1998'VAOTOR- -75,000.00 -75,000..00_ 1 .00 *2010 IH 7500 350HP AUTOMATIC 89,200.00 89,200.00 1 .00 *9.26 LED STROBE REAR OR CAB 975.00 975.00 SUB.TOT. 266,898.00 BUYER SELLER We reserve the right to change prices without notice. The price in effect at time of order will prevail, nothwithstanding the prices shown herein. Sales tax and F.E.T. will be added unless tax exempt certificate is provided. CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda May 4, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.K. Sue Kotchevar, Office of the Resolution for reimbursement of prior City Manager expenditures Requested Action Move to: Adopt Resolution declaring the City's official intent to reimburse itself for prior expenditures out of the proceeds of a subsequently issued series of bonds. Synopsis IRS regulations require that a City make a declaration of its official intent to reimburse itself for prior expenditures out of the proceeds of a subsequently issued series of bonds and that the expenditures reimbursed be capital expenditures or costs of issuance of the bonds. With this resolution, the City is declaring its intent to issue bonds to finance the purchase of a Vactor for the utility operations. Attachments Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2010- RESOLUTION RELATING TO FINANCING OF CERTAIN PROPOSED PROJECTS TO BE UNDERTAKEN BY THE CITY; ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota (the "City"), as follows: 1. Recitals. (a) The Internal Revenue Service has issued Section 1.150-2 of the Income Tax Regulations (the "Regulations") dealing with the issuance of bonds, all or a portion of the proceeds of which are to be used to reimburse the City for project expenditures made by the City prior to the date of issuance. (b) The Regulations generally require that the City make a declaration of its official intent to reimburse itself for such prior expenditures out of the proceeds of a subsequently issued series of bonds within 60 days after payment of the expenditures, that the bonds be issued and the reimbursement allocation be made from the proceeds of such bonds within the reimbursement period(as defined in the Regulations), and that the expenditures reimbursed be capital expenditures or costs of issuance of the bonds. (c) The City desires to comply with requirements of the Regulations with respect to certain projects hereinafter identified. 2. Official Intent Declaration. (a) The City proposes to undertake the following project or projects and to make original expenditures with respect thereto prior to the issuance of reimbursement bonds, and reasonably expects to issue reimbursement bonds for such project or projects in the maximum principal amounts shown below: Project Maximum Amount of Bonds Expected to be Issued for Project Vactor $380,000 -1- (b) Other than (i) de minimis amounts permitted to be reimbursed pursuant to Section 1.150-2(f)(1) of the Regulations or(ii) expenditures constituting preliminary expenditures as defined in Section 1.150-2(f)(2) of the Regulations, the City will not seek reimbursement for any original expenditures with respect to the foregoing projects paid more than 60 days prior to the date of adoption of this resolution. All original expenditures for which reimbursement is sought will be capital expenditures or costs of issuance of the reimbursement bonds. 3. Budgetary Matters. As of the date hereof, there are no City funds reserved, pledged, allocated on a long term basis or otherwise set aside (or reasonably expected to be reserved, pledged, allocated on a long term basis or otherwise set aside)to provide permanent financing for the original expenditures related to the projects, other than pursuant to the issuance of the reimbursement bonds. Consequently, it is not expected that the issuance of the reimbursement bonds will result in the creation of any replacement proceeds. 4. Reimbursement Allocations. The City's financial officer shall be responsible for making the "reimbursement allocations" described in the Regulations, being generally the transfer of the appropriate amount of proceeds of the reimbursement bonds to reimburse the source of temporary financing used by the City to make payment of the original expenditures relating to the projects. Each reimbursement allocation shall be made within 30 days of the date of issuance of the reimbursement bonds, shall be evidenced by an entry on the official books and records of the City maintained for the reimbursement bonds and shall specifically identify the original expenditures being reimbursed. ADOPTED by the City Council on May 4, 2010. Phil Young, Mayor (Seal) ATTEST: Kathleen Porta, City Clerk -2- CITY COUNCIL AGENDA DATE: May 4, 2010 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.L. George Esbensen Award Bid for Used SCBA to Dalmatian Fire Fire Department Equipment Requested Action: Move to: Approve the sale of the fire department's used SCBA (Self Contained Breathing Apparatus) equipment for the amount of$7500.00. Synopsis: The market for used SCBA is challenging due to recent changes in NFPA(National Fire Protection Association) requirements that forced many jurisdictions to upgrade their SCBA equipment to remain compliant. This bid of$7500.00 represents the best price offered for this type and age of SCBA equipment. Background Information: The fire department as part of the HCFCA (Hennepin County Fire Chief's Association) Joint Powers purchased new SCBA. The sale of the used SCBA equipment was not forecast as revenue given the uncertainty of the market for used SCBA equipment. CITY COUNCIL AGENDA DATE: SECTION: Public Hearing May 4, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IC # 08-5713 ITEM NO.: IX.A. Public Works/Environmental Approve First Reading of an Ordinance Services Amending City Code Section 11.51, Leslie Stovring Standards for Protection of Wetlands Requested Action Move to: • Close the Public Hearing; and • Approve First Reading of an Ordinance Amending City Code Section 11.51, Standards for Protection of Wetlands Synopsis City Code Section 11.51 is being amended to reflect changes in the numbering within Minnesota Rules 8420. No other changes were made. Background Information Eden Prairie adopted the wetland protection code(City Code Section 11.51)on February 10,2000. The Wetland Protection Code was developed to conserve and protect wetlands and their wetland buffers. The intent is to avoid the alteration and destruction of wetlands and their buffer strips. The Wetland Protection Code serves to supplement MN Rules 8420,commonly called the Wetland Conservation Act (WCA), which provides a set of minimum standards for wetland protection. The Wetland Conservation Act Rules were amended in late 2009. As a result of this amendment, a number of sections within the Chapter were reorganized and renumbered. This requires that some of the references to sections within Chapter 8420 be revised in City Code. No additional changes were made to Section 11.51 at this time. The Planning Commission reviewed the City Code Amendment on March 22, 2010, and it was approved with a vote of 6-0. Attachments • Ordinance • Summary of Changes • Planning Commission Minutes CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2010 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CITY CODE CHAPTER 11 BY AMENDING SECTION 11.51 RELATING TO MN RULES REFERENCES; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS,CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Section 11.51 is amended by updating the MN Rules references in the following sections as set forth below. City Code Section Old Reference New Reference Subd.3.Definitions Item K 8420.0220 8420.0415 Item EE 8420.0549 8420.0111 Subp. 75 Subd.4.General Provisions Item N 8420.0549 8420.0522 8420.0546 8420.0522 Item 0 8420.0520 8420.0520 Subp. 7a Item U 8420.0115-8420.0122 8420.0420 8420.0220 8420.0315 and 8420.0415 None 8420.0320 Subd. 11 Special Requirements Item C 8420.0122 8420.0420 Item D(14) 8420.0530 8420.0330 Item F 8420.0620 8420.0810 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. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , 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 PUBLISHED in the Eden Prairie Newspaper on , 2010. Wetland Rules Update 2009 City Code Chapter 11.51 City Code Section Title/Intent of Section WCA Reference New WCA Reference Subd. 3. Definitions - Item K No-Loss Determination 8420.0220 8420.0415 - Item P Sequencing Flexibility 8420.0520 No change - Item R Technical Evaluation Panel 8420.0240 No change - Item EE Wetland Type 8420.0549 8420.0111 Subp. 75 (Definitions section only now) Subd. 4. General Provisions - Item M Sequencing 8420.0520 No change - Item N Replacement Ratios 8420.0549 8420.0522 - Item N Replacement Type 8420.0546 8420.0522 - Item 0 Sequencing Flexibility 8420.0520 8420.0520 Subp. 7a - Item U Exemption Request 8420.0115-8420.0122 8420.0420 -Item U No-Loss Determination 8420.0220 8420.0315 and 8420.0415 - Item U Exemption Request None 8420.0320 Subd. 11 Special Requirements - Item C Permit Application Requirements 8420.0122 8420.0420 -Item D (14) Replacement Plan Application 8420.0530 8420.0330 -Item F Replacement Monitoring & Reports 8420.0620 8420.0810 APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, MARCH 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: Rocheford Wuttke arrived at 7:10 p.m. II. APPROVAL OF AGENDA MOTION by Schultz, seconded by Kirk,to approve the agenda. Motion carried 7-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON MARCH 8, 2010 MOTION by Lee, seconded by Schultz, to approve the minutes. Motion carried 7-0. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS A. Wetland Code Amendment Franzen presented this proposal stating the State of Minnesota amended the Wetland Conservation Act in 2009. As a result of this amendment, a number of EDEN PRAIRIE PLANNING COMMISSION MINUTES March 22, 2010 Page 2 sections in the Act were reorganized and renumbered. Franzen pointed out the City Code must be changed to match the new numbers in the Act. Stoltz opened the meeting up for public input. There was no input. MOTION by Schultz, seconded by Pitzrick,to close the public hearing. Motion carried 8-0. MOTION by Schultz, seconded by Martin, to recommend approval of the Wetland Code Amendment based on the recommendations of the staff report dated March 19, 2010. Motion carried 8-0. VII. PLANNERS' REPORT A. Campaign Signs Franzen stated the primary election date was changed from the second Tuesday after the second Monday in August, or August loth for this year. Because of this, the City Code must replace the August 1st date with"46 days before the state primary" as the starting day when signs can be placed on property. MOTION by Martin, seconded by Lee, to recommend approval of the Code change for campaign signs. Motion carried 8-0. B. Exterior Materials Presentation Franzen stated on page 13 of the staff report are 4 questions the Commission Members should look at. They are: 1. Should cast stone, cultured stone, precast architectural panels, and precast concrete panels with an exposed chip be included in the 75% category in the commercial, office, high density residential, public and industrial zoning districts. 2. Should brick, glass, natural stone, cast stone, cultured stone,precast architectural panels, and precast concrete panels with an exposed chip be included in the 75% category for the Town Center Commercial District? 3. Should brick, glass, natural stone, cast stone, cultured stone,precast architectural panels, and precast concrete panels with an exposed chip be included in the 75% category for the Town Center Residential District? 4. Should brick, glass, natural stone, cast stone, cultured stone,precast architectural panels, and precast concrete panels with an exposed chip be EDEN PRAIRIE PLANNING COMMISSION MINUTES March 22, 2010 Page 3 included in the 75% category for the Town Center Mixed Use Residential District? Franzen had samples of exterior materials displayed for the Planning Commission Members. Table one had samples of brick, glass and stone. Table two had samples of cast stone, precast, cultured stone and architectural stone. He stated when doing the Town Center ordinance, it identified materials, but not the percentages to be used and stated it is important to include that. He pointed out he did have a reservation about using pre-cast material, as it can look industrial. He suggested putting this in the 25 % category versus 75%. Franzen asked for questions from the Commission. Lechelt asked, after direction is given, would it come back to the Commission as a public hearing. Franzen stated it would come back to the Commission as a public hearing. Stoltz asked the Commission Members their thoughts on question 1. Schultz stated he would answer yes to this question because of the cost efficiency and recyclability. Pitzrick said he wanted to add the following statement to question 1. "The panel must have an exposed aggregate chip and colored cement and architectural detail." He stated these items will improve durability. Lee asked if we should put a quality standard on this. Franzen said under brick and stone they do not have anything to say what kind of brick to use. He stated it would be very hard to say what kind to use because there are so many. When contractors bring their plans before the Commission that is when they could bring their samples in to see if they would fit into the project. Schultz asked if there is a process to test materials. Pitzrick said there is testing called ASTM Standard testing for durability. Schultz asked Franzen if we should implement this testing. Kirk said it would be difficult to do this because it would be getting too specific. He feels it is sufficient if they follow building code. He also stated they should be looking at this from a"look" stand point and feels testing would get too specific. Lee asked Franzen's thoughts on stucco. Franzen said they plan on keeping this material in the 25% category because it is hard to maintain. Lechelt asked if wood was in the same category as stucco in regards to maintenance. Franzen said it is in this category because in terms of long lasting, this is not considered as such, as compared to stone. EDEN PRAIRIE PLANNING COMMISSION MINUTES March 22, 2010 Page 4 Lee asked if other cities are this specific. Franzen said Eden Prairie is probably more particular than other cities. Stoltz asked the Commission Members if they agreed with question 1 or disagreed. All Members agreed with question 1. Stoltz asked for discussion on question 2. Pitzrick stated he likes what question 2 had to say and also for the last three questions he would like to make it a 90% category versus 75%. This would make them very durable and long-lasting. Schultz asked if we change the percentage what the pros and cons would be. Franzen said because we have taken a focused look and came up with a set of specific guidelines, it could be raised. Franzen stated 75% is our base amount that has been used for the last 20 years. Schultz asked if other cities do the 75%too. Franzen said the 75%benchmark is higher than other communities. Lechelt asked if metal was in the 25% category. Franzen said it was. Lechelt asked if metal was used as panels. Franzen said it would be used for such things as canopies. Pitzrick stated, in regards to durability, the 25% is always less durable material. Stoltz asked if any one would be opposed to going to 90% for the Town Center area. Stoltz said in regards to this, he would hate to see developers tied to this amount of 90%, and stated he do not want to be too restrictive for the developers. Kirk said we have high standards right now and is concerned if we add higher standards it may put too many constraints on developers. Schultz suggested just keeping it at 75% and said more products are coming in that are in the 25% category that are green friendly and we can then review these projects case by case. Wuttke and Martin agreed with Schultz. Pitzrick said his choice of 90%was not random. He said with 25%you can develop more with a lesser amount of durable materials. When it is limited to 10%, it makes buildings more durable and can possibly limit potential law suits in regards to these materials. Stoltz asked what were past conversations about EFIS materials. Franzen stated he would have to look at the past minutes and suggested bringing it up at another meeting and discussing its potential use. Pitzrick said there are appropriate uses for this material and that we would not want to get rid of it all together. Katie asked what the main reason for the use of EFIS is. Pitzrick said people use it for EDEN PRAIRIE PLANNING COMMISSION MINUTES March 22, 2010 Page 5 cost effective reasons. Martin concurred with Pitzrick. He stated it is not necessarily a bad product; you just have to know how to use it. Schultz asked Franzen if we are just approving this for aesthetic purposes or for quality. Franzen said it is both. Schultz suggested if that was the case, we should approve what we want it to look like and let the UBC handle everything else. Franzen said they looked at 75%to keep the districts the same and to use the same quality material. Pitzrick said we were charged with durability and we should take it into account and see what Bloomington, Edina and Minnetonka are doing. He would like to see the exterior materials being used in these three cities and what town centers in the metropolitan areas are using. Kirk also said he would like to see benchmarks from other communities. Franzen stated he would get that information from other communities and bring it back to the Commission at a later date. Stoltz stated they would keep it at 75% for now until Franzen comes back with more information. Schultz asked if they have to make a decision on the last three items before Franzen comes back with more information Franzen said the Commission just needs to be comfortable with the materials and that is all that needs to be addressed this evening. The Commission agreed to the materials for the questions but the percentage of materials will be up for discussion in a future meeting. VIII. MEMBERS' REPORT IX. CONTINUING BUSINESS X. NEW BUSINESS XI. ADJOURNMENT MOTION by Schultz, seconded by Pitzrick,to adjourn the meeting. Motion carried 8-0. There being no further business, the meeting was adjourned at 8:03 p.m. NOTICE OF PUBLIC HEARING CITY COUNCIL City of Eden Prairie, Minnesota Tuesday, May 4, 2010 — 7:00 p.m. City Center— 8080 Mitchell Road Eden Prairie, MN 55344 Project: City Code Section 11.51 - Standards for the Protection of Wetlands NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, May 4, 2010, at 7:00 p.m., at the City Center located at 8080 Mitchell Road in Eden Prairie, Minnesota, on the adoption of an amendment to the City Code regarding the protection of wetlands. It is proposed that Section 11.51 of the City Code be amended. The proposed amendment is in response to the revisions in Minnesota Rules Chapter 8420 (Wetland Conservation Act Rules). These changes resulted in a need to re-number some of the references within City Code to sections within Chapter 8420. No other changes are proposed. The meeting is televised live on cable channel 16 and rebroadcast on Tuesdays at 7:00 p.m. and Sundays at 1:00 p.m. City staff is requesting the following actions: • Amend section 11.51 of the City Code QUESTIONS OR COMMENTS: A copy of the proposed amendment is on file and available for public inspection at City Hall between the hours of 8:00 a.m. and 4:30 p.m. weekdays. Written comments submitted to the Engineering Department by 12:00 p.m. on the Tuesday prior to the meeting date (April 27, 2010) will be distributed in the City Council packets. Additional questions regarding the proposed amendment should be directed to Leslie Stovring, Environmental Coordinator, at 952-949-8327. Notice of this public hearing published in the Eden Prairie News on April 22, 2010. CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims May 4, 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 196947— 197349 Wire Transfers 3806—3814 City of Eden Prairie Council Check Summary 5/4/2010 Division Amount Division Amount General 61,974 601 Prairie Village Liquor 158,561 100 City Manager 1,305 602 Den Road Liquor 185,515 101 Legislative 7,836 603 Prairie View Liquor 147,699 102 Legal Counsel 37,287 605 Den Road Building 16,678 110 City Clerk 349 701 Water Fund 99,598 111 Customer Service 5,292 702 Sewer Fund 288,605 112 Human Resources 99 703 Storm Drainage Fund 3,434 113 Communications 8,092 Total Enterprise Funds 900,092 114 Benefits&Training 2,447 130 Assessing 48 803 Escrow Fund 382 131 Finance 8,100 804 100 Year History 14 132 Housing and Community Services 9,111 Total Agency Funds 396 136 Public Safety Communications 3,315 137 Economic Development 434 807 Benefits Fund 548,930 151 Park Maintenance 17,281 810 Workers Comp Insurance 11,033 153 Organized Athletics 1,472 812 Fleet Internal Service 25,452 154 Community Center 8,773 813 IT Internal Service 32,191 158 Adult Recreation 1,275 814 Facilities Capital ISF 15,948 163 Outdoor Center 2,382 815 Facilites Operating ISF 51,464 167 CC-Youth Programs 641 816 Facilites City Center ISF 64,108 168 Arts Center 128 817 Facilites Comm. Center ISF 56,434 180 Police 6,684 Total Internal Service Funds 805,560 184 Fire 6,599 200 Engineering 429 Report Totals 2,547,818 201 Street Maintenance 81,113 202 Street Lighting _ 68,923 Total General Funds 341,389 301 CDBG 6,340 308 E-911 38 Total Special Revenue Funds 6,378 315 Economic Development 18 509 CIP Fund 493,986 Total Capital Project Funds 494,004 City of Eden Prairie Council Check Register 5/4/2010 Check# Amount Vendor/Explanation Account Description Business Unit Explanation 197155 377,315 CLAREYS INC Capital Under$10,000 CIP-Bonds SCBA equipment 197227 276,694 METROPOLITAN COUNCIL ENVIRONME MCES User Fee Sewer Utility-General MCES user fee 197324 222,391 HEALTHPARTNERS Medical/Dental Premiums Health and Benefits Health and dental premium 3811 184,440 CERIDIAN State Taxes Withheld Health and Benefits Payroll taxes 197121 163,554 XCEL ENERGY Electric City Hall-CAM Monthly electrical fees 3809 119,898 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits PERA 197223 104,982 MCKINSTRY ESSENTION INC Other Contracted Services CIP-Bonds 20/40/15 project costs 3808 98,792 MINNESOTA DEPT OF REVENUE Cash Over/Short General Fund 197241 74,953 MORTON SALT Salt Snow&Ice Control 197015 37,584 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store 197183 34,136 GREGERSON ROSOW JOHNSON&NILA Legal Legal Council 197206 30,789 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store 197218 26,679 LOGIS Network Support IT Operating 197306 24,826 WIRTZ BEVERAGE MINNESOTA Transportation Prairie View Liquor Store 197135 23,858 ABM JANITORIALSERVICES-NORTH C Janitor Service City Hall-CAM 197165 21,644 DIVERSE BUILDING MAINTENANCE Janitor Service Community Center Maintenance 3813 21,469 ING Deferred Compensation General Fund 197203 20,801 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie View Liquor Store 197116 19,888 WIRTZ BEVERAGE MINNESOTA Liquor Den Road Liquor Store 197287 18,767 THORPE DISTRIBUTING Misc Taxable Prairie View Liquor Store 197075 18,235 QUALITY WINE&SPIRITS CO Transportation Prairie View Liquor Store 3812 17,322 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 197066 16,518 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store 197191 15,402 HENNEPIN COUNTY TREASURER-TAXP Licenses&Taxes Den Bldg.-CAM 197259 15,392 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store 197020 15,000 KDV Audit&Financial Sewer Accounting 197008 14,448 INTEGRITY REMODELING&DESIGN Capital Under$10,000 Furniture 197255 14,437 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store 197266 14,289 QUALITY WINE&SPIRITS CO Transportation Prairie View Liquor Store 197147 13,538 BONNER&BORHART LLP Legal Legal Criminal Prosecution 197260 12,599 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 196969 12,316 CENTURYLINK Telephone IT Telephone 3814 12,250 US BANK TRUST HRA Health and Benefits 197216 11,033 LEAGUE OF MINNESOTA CITIES Workers Comp Insurance Workers Comp Insurance 197326 10,979 JJ TAYLOR DISTRIBUTING MINNESO Transportation Den Road Liquor Store 197307 10,502 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie View Liquor Store 197117 10,494 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie View Liquor Store 197162 9,822 DAY DISTRIBUTING Beer Prairie View Liquor Store 197011 9,316 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie View Liquor Store 197240 8,963 MOELTER GRAIN INC Lime Residual Removal Water Treatment Plant 197332 8,945 PAUSTIS&SONS COMPANY Transportation Prairie View Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit Explanation 197123 8,755 YOCUM OIL COMPANY INC Motor Fuels Fleet Operating 196978 8,498 DAY DISTRIBUTING Misc Non-Taxable Prairie View Liquor Store 197224 8,333 MCQUAY INTERNATIONAL Other Contracted Services Facilities Capital 197127 8,255 MADISON NATIONAL LIFE Disability Ins Employers Health and Benefits 197053 8,069 NORTHERN AIR CORPORATION Contract Svcs-Ice Rink Ice Arena Maintenance 197211 7,919 KRANZ LAWN&ATV Machinery&Equipment Utility Operations-General 197328 7,892 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store 196959 7,775 BELLBOY CORPORATION Transportation Den Road Liquor Store 196965 7,503 CENTERPOINT ENERGY Gas Economic Development Fund 197150 7,385 BURGER KING CORPORATION Improvement Contracts Trails Referendum 197296 6,879 VTI Contract Svcs-Security Senior Center 197318 6,786 BELLBOY CORPORATION Transportation Prairie View Liquor Store 197281 6,741 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Treatment Plant 197133 6,512 A-SCAPE INC Contract Svcs-Lawn Maint. City Hall-CAM 197193 6,482 HENNEPIN SOUTH SERVICES COLLAB Other Contracted Services Housing and Community Service 197099 6,362 THORPE DISTRIBUTING Beer Den Road Liquor Store 197114 6,273 WINE MERCHANTS INC Transportation Prairie View Liquor Store 197182 6,211 GRAYMONT Treatment Chemicals Water Treatment Plant 197304 6,167 WINE MERCHANTS INC Transportation Prairie View Liquor Store 196973 6,165 CORIDIAN TECHNOLOGIES INC Capital Under$10,000 Capital Impr./Maint.Fund 197270 6,000 RIGHTLINE DESIGN LLC Other Contracted Services Communications 197059 5,998 PAUSTIS&SONS COMPANY Transportation Prairie View Liquor Store 197348 5,507 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie View Liquor Store 197333 5,152 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store 197087 5,081 SOUTHWEST SUBURBAN CABLE COMMI Dues&Subscriptions City Council 197043 4,700 MINNESOTA PIPE AND EQUIPMENT* Repair&Maint.Supplies Water System Maintenance 196951 4,342 AMERICAN TEST CENTER INC Equipment Testing/Cert. Fire 197321 3,780 DAY DISTRIBUTING Beer Prairie View Liquor Store 196974 3,606 CORVAL CONSTRUCTORS INC Contract Svcs-Ice Rink Ice Arena Maintenance 196954 3,526 ASPEN WASTE SYSTEMS INC. Waste Disposal Community Center Maintenance 197349 3,366 WORLD CLASS WINES INC Transportation Den Road Liquor Store 197294 3,227 VAN PAPER COMPANY Cleaning Supplies City Hall-CAM 197258 3,107 PRAIRIE LAWN AND GARDEN Equipment Parts Fleet Operating 196999 3,083 GRAYMONT Treatment Chemicals Water Treatment Plant 197277 2,658 SIGNATION SIGN GROUP INC Signs Capital Impr./Maint.Fund 197257 2,601 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical City Hall-CAM 197340 2,600 SUBURBAN RATE AUTHORITY Dues&Subscriptions City Council 197118 2,530 WORLD CLASS WINES INC Transportation Prairie View Liquor Store 196956 2,525 BARTLEY SALES COMPANY INC Other Contracted Services Facilities Capital 197248 2,518 NORTHERN AIR CORPORATION Other Contracted Services Facilities Capital 197338 2,500 STOREFRONT GROUP,THE Other Contracted Services Housing and Community Service 197335 2,492 QUALITY WINE&SPIRITS CO Transportation Prairie View Liquor Store 197283 2,489 STATE SUPPLY COMPANY Repair&Maint.Supplies Facilities Capital 197069 2,478 PRAIRIE ELECTRIC COMPANY Other Contracted Services Facilities Capital 197221 2,300 MARTIN-MCALLISTER Legal Fire Check# Amount Vendor/Explanation Account Description Business Unit Explanation 197136 2,235 ADVANCED ENGINEERING&ENVIRON Design&Engineering Water Distribution 197044 2,234 MINNESOTA VALLEY ELECTRIC COOP Electric Park Maintenance 197279 2,220 SOUTHWEST SUBURBAN PUBLISHING- Printing Communications 197173 2,100 EXTERIOR INNOVATIONS INC Building Repair&Maint. Riley Lake 197106 2,097 USA MOBILITY WIRELESS INC Pager&Cell Phone Public Safety Communications 197189 2,041 HENNEPIN COUNTY SHERIFF'S OFFI Board of Prisoner Police 197111 1,935 VISTAR CORPORATION Merchandise for Resale Concessions 197027 1,899 LAKE COUNTRY DOOR LLC Contract Svcs-General Bldg Police City Center 197313 1,897 ZIEGLER INC Contract Svcs-Fire/Life/Safe Police City Center 197101 1,880 TREE TOP SERVICE Other Rentals Tree Removal 197028 1,847 LANDS END CORPORATE SALES Clothing&Uniforms Police 197347 1,821 WIRTZ BEVERAGE MINNESOTA Transportation Prairie View Liquor Store 197110 1,793 VINOCOPIA Transportation Prairie Village Liquor Store 196987 1,771 FERRELLGAS Gas Dorenkemper House 197007 1,743 HOHENSTEINS INC Beer Den Road Liquor Store 197145 1,740 BEACON ATHLETICS Operating Supplies Park Maintenance 197235 1,731 MINNESOTA PIPE AND EQUIPMENT* Small Tools Water System Maintenance 197341 1,720 THORPE DISTRIBUTING Beer Prairie Village Liquor Store 197163 1,710 DEPARTMENT OF PUBLIC SAFETY Software Maintenance IT Operating 197282 1,661 STAPLES ADVANTAGE Office Supplies Customer Service 197149 1,659 BUETOW AND ASSOCIATES INC Building Park Acquisition&Dev Fixed A 3806 1,624 GENESIS EMPLOYEE BENEFITS,INC Other Contracted Services Health and Benefits 197172 1,607 ESCH CONSTRUCTION SUPPLY INC Equipment Repair&Maint Storm Drainage 197280 1,594 SRF CONSULTING GROUP INC Other Contracted Services Storm Drainage 197153 1,541 CERIDIAN Ceridian IT Operating 197093 1,518 STATE SUPPLY COMPANY Supplies-Plumbing Community Center Maintenance 197312 1,505 ZEP MANUFACTURING CO Lubricants&Additives Fleet Operating 197012 1,486 JOHN HENRY FOSTER MINNESOTA IN Maintenance Contracts Water Treatment Plant 197143 1,480 BARTLEY SALES COMPANY INC Other Contracted Services Facilities Capital 197285 1,444 SUBURBAN TIRE WHOLESALE INC Tires Fleet Operating 197001 1,365 HD SUPPLY WATERWORKS LTD Equipment Parts Water System Maintenance 197056 1,320 OLSEN'S EMBROIDERY/COMPANY Clothing&Uniforms Park Maintenance 197286 1,311 TEMP,DAWN M Other Contracted Services Volleyball 197103 1,309 TWIN CITY FILTER SERVICE INC Supplies-HVAC Community Center Maintenance 197089 1,271 SPRI PRODUCTS INC Office Supplies Fitness Classes 197196 1,250 HOMELINE Refunds CDBG-Public Service 197050 1,235 NCT INC Instructor Service Water Treatment Plant 196970 1,184 CLAREYS INC Capital Under$10,000 Capital Impr./Maint.Fund 197202 1,147 JANEX INC Supplies-General Bldg Fire Station#1 196975 1,113 COSTCO Merchandise for Resale Concessions 197322 1,102 GE CAPITAL Other Rentals Customer Service 197113 1,094 WINE COMPANY,THE Transportation Den Road Liquor Store 197102 1,069 TREES BY FORREST Other Contracted Services Tree Removal 197055 1,066 O'REILLY AUTOMOTIVE INC Equipment Parts Fleet Operating 197247 1,054 NEW WORLD SYSTEMS Other Assets CIP-Bonds Check# Amount Vendor/Explanation Account Description Business Unit Explanation 197078 1,029 ROTH,ANDREW J. Instructor Service Outdoor Center 197034 1,021 MASTER CRAFT LABELS INC Capital Under$10,000 Capital Impr./Maint.Fund 197125 978 DELL Capital Under$10,000 CIP-Bonds 196993 976 GE CAPITAL Other Rentals Customer Service 197171 965 EMPLOYERS ASSOCIATION INC Dues&Subscriptions Organizational Services 197331 954 PAT KERNS WINE MERCHANTS Transportation Prairie View Liquor Store 197219 934 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Operating 196950 918 ALTERNATIVE BUSINESS FURNITURE Capital Under$10,000 Furniture 197245 914 NEENAH FOUNDRY COMPANY Equipment Repair&Maint Traffic Signs 197085 904 SIGNATION SIGN GROUP INC Signs Capital Impr./Maint.Fund 197197 894 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance 197253 892 PETERBILT NORTH Equipment Parts Fleet Operating 196971 885 COMPAR INC Miscellaneous IT Operating 197199 884 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 3810 879 CERIDIAN Garnishment Withheld General Fund 197124 859 ZARNOTH BRUSH WORKS INC. Equipment Repair&Maint Park Maintenance 197330 851 NEW FRANCE WINE COMPANY Transportation Prairie View Liquor Store 197009 838 ITS A KEEPER Employee Award Internal Events 197230 807 MIDWEST COCA COLA BOTTLING COM Misc Non-Taxable Prairie View Liquor Store 197187 761 HEALTH ACTIVATION SERVICES PLC Employment Support Test Organizational Services 197320 752 COMMUNITY ACTION PARTNERSHIP Refunds CDBG-Public Service 197060 696 PEPSI COLA COMPANY Merchandise for Resale Concessions 197049 691 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 197167 684 EARL F ANDERSEN INC Repair&Maint.Supplies Park Maintenance 197342 652 TRI COUNTY BEVERAGE&SUPPLY Beer Prairie View Liquor Store 197343 625 TRUE FABRICATIONS Misc Taxable Den Road Liquor Store 197061 607 PETERSON BROS ROOFING AND CONS Contract Svcs-Roof Pool Maintenance 196990 600 FORTIN CONSULTING INC Other Contracted Services Environmental Education 197095 600 SURLY BREWING CO Beer Prairie View Liquor Store 197148 600 BOUNDLESS NETWORK Operating Supplies Ice Show 197108 577 VANCE BROTHERS INC Patching Asphalt Street Maintenance 197336 567 ROMSDAHL,NEVADA Pager&Cell Phone IT Operating 197158 562 CONTINENTAL SAFETY EQUIPMENT Repair&Maint-Ice Rink Ice Arena Maintenance 197091 555 STAPLES ADVANTAGE Office Supplies Customer Service 197122 555 XTREME ELECTRICAL SERVICES Contract Svcs-Electrical Park Shelters 196992 550 GAYTHER,MAARIE Accounts Receivable Community Center Admin 197345 543 WINE COMPANY,THE Transportation Den Road Liquor Store 197098 543 THE OASIS GROUP Employee Assistance Organizational Services 197180 540 GOVDELIVERY Software Maintenance IT Operating 197346 537 WINE MERCHANTS INC Transportation Den Road Liquor Store 196962 526 BOURGET IMPORTS Transportation Prairie View Liquor Store 197299 521 WALL TRENDS INC Contract Svcs-Gen.Bldg City Center Operations 196948 513 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 197233 504 MINNESOTA CHIEFS OF POLICE ASS Printing Police 197179 497 GOPHER STATE ONE-CALL INC OCS-Leak Detection Utility Operations-General Check# Amount Vendor/Explanation Account Description Business Unit Explanation 197311 493 ZARNOTH BRUSH WORKS INC. Equipment Repair&Maint Park Maintenance 197048 486 MT GLOBAL LLC Transportation Prairie Village Liquor Store 196996 485 GRAINGER Supplies-General Bldg Senior Center 196997 468 GRAND PERE WINES INC Wine Imported Prairie View Liquor Store 196953 467 AMERITRAK Other Contracted Services Snow&Ice Control 196998 460 GRAPE BEGINNINGS Transportation Prairie Village Liquor Store 197188 457 HENNEPIN COUNTY I/T DEPT Software Maintenance IT Operating 197138 449 AME RED-E-MIX INC Capital Under$10,000 Snow&Ice Control 197329 446 M.AMUNDSON LLP Transportation Prairie View Liquor Store 197164 446 DETERMAN BROWNIE INC Equipment Repair&Maint Fleet Operating 197041 440 MIDWEST COCA COLA BOTTLING COM Misc Non-Taxable Den Road Liquor Store 197166 437 DMX MUSIC Other Contracted Services Den Road Liquor Store 197291 432 TRAFFIC CONTROL CORPORATION Equipment Repair&Maint Traffic Signals 197003 426 HENNEPIN COUNTY I/T DEPT Equipment Repair&Maint Public Safety Communications 197000 414 GREATAMERICA LEASING CORP. Postage Customer Service 197130 409 MNCAR EXCHANGE,THE Other Contracted Services Economic Development 197137 406 ALTERNATIVE BUSINESS FURNITURE Capital Under$10,000 Furniture 197077 400 REMARKABLE REPTILES,THE Instructor Service Outdoor Center 197142 400 BANK BEER CO Beer Prairie View Liquor Store 197038 392 METRO SALES INCORPORATED* Other Rentals Customer Service 197031 391 MAACO Equipment Repair&Maint Fleet Operating 197177 389 GENERAL GROWTH PROPERTIES LP-E Building Rental Housing and Community Service 197105 386 UNITED RENTALS NORTHWEST INC Equipment Repair&Maint Fleet Operating 197295 385 VANCE BROTHERS INC Patching Asphalt Street Maintenance 197131 380 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 197045 375 MN CIT OFFICERS ASSOCIATION Tuition Reimbursement/School Police 197222 366 MASTER CRAFT LABELS INC Capital Under$10,000 Capital lmpr./Maint.Fund 197006 363 HIRSHFIELD'S Repair&Maint.Supplies Utility Operations-General 196957 362 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 197236 361 MINNESOTA SUPPLY COMPANY Contract Svcs-General Bldg Community Center Maintenance 197198 360 HOUSTON,CHRISTOPHER W Instructor Service Ice Arena 197212 349 KRISS PREMIUM PRODUCTS INC Contract Svcs-HVAC City Hall-CAM 197232 345 MINNESOTA AWWA Conference Expense Water Treatment Plant 197076 343 QWEST Telephone Water Distribution 197070 340 PRAIRIE LAWN AND GARDEN Equipment Repair&Maint Park Maintenance 197042 326 MIDWEST LOCK&SAFE Equipment Repair&Maint Public Safety Communications 197228 325 METROPOLITAN FORD Equipment Parts Fleet Operating 197184 323 GS DIRECT Operating Supplies Engineering 197052 306 NORTH STAR PUMP SERVICE Equipment Repair&Maint Sewer Liftstation 197226 303 METRO SALES INCORPORATED* Other Rentals Customer Service 197267 303 REED BUSINESS INFORMATION Legal Notices Publishing Street Maintenance 197181 299 GRAINGER Supplies-Plumbing Park Shelters 197271 298 RIGHTWAY GLASS INC Equipment Repair&Maint Fleet Operating 197207 292 KAISER,DAVID S Operating Supplies Gymnasium(CC) 196986 290 FEIDT,ADAM M Mileage&Parking IT Operating Check# Amount Vendor/Explanation Account Description Business Unit Explanation 197314 284 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 196949 280 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 197067 270 PLEAA Dues&Subscriptions Police 197239 270 MOBILE RADIO ENGINEERING INC Operating Supplies Police 197126 269 KIDS TEAM TENNIS LLC Instructor Service CC-Tennis 197262 267 PROP United Way Withheld General Fund 197261 265 PRINTERS SERVICE INC Repair&Maint-Ice Rink Ice Arena Maintenance 197237 259 MINNESOTA WANNER COMPANY Equipment Repair&Maint Park Maintenance 197039 258 METROPOLITAN FORD Equipment Parts Fleet Operating 197026 256 KRAEMERS HARDWARE INC Supplies-General Bldg Park Shelters 197200 255 ITS A KEEPER Employee Award Internal Events 3807 254 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 197323 253 GRAPE BEGINNINGS Transportation Den Road Liquor Store 197128 252 MY GYM CHILDREN'S FITNESS CENT Instructor Service CC-Preschool Events 197190 250 HENNEPIN COUNTY TREASURER Deposits Escrow 197290 244 TOWER,CHAD Accounts Receivable Community Center Admin 197315 243 ASPEN WASTE SYSTEMS INC. Waste Disposal Den Road Liquor Store 197217 236 LEXISNEXIS Other Contracted Services Police 197319 235 CENTER FOR HEALTHY LIVING Other Contracted Services Senior Center Administration 197132 235 A TO Z RENTAL CENTER Small Tools Fire 197293 235 VALLEY NAT'L GASES-LOC 93 Small Tools Fleet Operating 197192 230 HENNEPIN COUNTY TREASURER-TAXP Software Maintenance IT Operating 197213 229 KUSTOM SIGNALS INC Equipment Repair&Maint Police 197010 221 J H LARSON COMPANY Supplies-Electrical Community Center Maintenance 197275 220 SHAMROCK GROUP,INC-ACE ICE Transportation Den Road Liquor Store 197144 212 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Operating 197272 209 RISCH,TINA Accounts Receivable Community Center Admin 197021 208 KEEPERS Clothing&Uniforms Fire 197030 208 LIFT BRIDGE BREWERY Beer Den Road Liquor Store 197175 208 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance 196947 205 2ND WIND EXERCISE Equipment Repair&Maint Fitness Center 197278 200 SIRE TECHNOLOGIES INC Conference Expense IT Operating 197081 198 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie View Liquor Store 197264 194 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 197325 189 HOHENSTEINS INC Beer Prairie View Liquor Store 197168 187 EDEN INCENTIVES&PROMOTIONS Employee Award Internal Events 197090 180 SQUARE CUT Other Contracted Services Senior Center Administration 197225 179 MEDTOX Employment Support Test Organizational Services 197250 178 NUCO2 INC Supplies-Pool Pool Maintenance 197068 174 POMP'S TIRE SERVICE INC Tires Fleet Operating 196952 174 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 197176 170 FORKLIFTS OF MINNESOTA INC Equipment Testing/Cert. Fleet Operating 197071 170 PRAIRIEVIEW RETAIL LLC Other Contracted Services Prairie View Liquor Store 197274 160 SCRAP METAL PROCESSORS INC Waste Disposal Fleet Operating 197208 158 KEEPERS Clothing&Uniforms Fire Check# Amount Vendor/Explanation Account Description Business Unit Explanation 197344 157 VINOCOPIA Transportation Den Road Liquor Store 197214 155 LAGERQUIST ELEVATOR INC Contract Svcs-Elevator Community Center Maintenance 197062 152 PETERSON POOLS&SPAS INC Cash Over/Short General Fund 197018 152 JOHNSTONE SUPPLY Supplies-HVAC Park Shelters 197139 145 AMERIPRIDE LINEN&APPAREL SER Janitor Service Prairie Village Liquor Store 197292 136 UNITED WAY United Way Withheld General Fund 197160 135 DANIMAL DISTRIBUTING INC Beer Prairie View Liquor Store 197316 134 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Operating 197309 132 WRIGHT COUNTY SHERIFF'S DEPT. Deposits Escrow 197334 128 PUCHALSKI,MARY Instructor Service Arts Center 196988 124 FIELDSTONE VINEYARDS Wine Domestic Prairie Village Liquor Store 197159 120 CULLIGAN BOTTLED WATER Operating Supplies Fire 197289 120 TOM'S WINDOW CLEANING Janitor Service-General Bldg Den Road Building 197129 120 ONCE UPON A STAR Instructor Service CC-Preschool Events 197073 115 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 197220 113 MADGY,NATALIE Accounts Receivable Community Center Admin 197246 110 NELSON,ROXANN Accounts Receivable Community Center Admin 196984 108 ENVIRONMENTAL EQUIPMENT&SERV Equipment Parts Fleet Operating 197288 105 THREE RIVERS PARK DISTRICT AR Utility Water Enterprise Fund 197084 103 SHRED-IT Waste Disposal City Center Operations 197337 101 SHRED-IT Waste Disposal City Center Operations 197032 100 MAHMUTOVIC,DZEVAD Mileage&Parking General Community Center 197242 100 MSANI Tuition Reimbursement/School Police 196983 99 EMPLOYERS ASSOCIATION INC Conference Expense Human Resources 197204 99 JOHN DEERE LANDSCAPES/LESCO Landscape Materials/Supp Street Maintenance 197157 98 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 197152 95 CASE,RON Miscellaneous City Council 197256 95 POMP'S TIRE SERVICE INC Tires Fleet Operating 197161 95 DAVANNI'S PIZZA Merchandise for Resale Concessions 197308 92 WREDE,JULIANE Other Contracted Services Volleyball 197017 90 JOHNSON,KYLE Wages No Benefits Elections 197134 90 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 197303 90 WILSON,JOHN D. Office Supplies Police 197263 90 PROSOURCE SUPPLY Cleaning Supplies Community Center Maintenance 196979 90 DIRECTV Cable TV Community Center Admin 197251 88 OBERG,ASHLEY Clothing&Uniforms Reserves 197301 86 WAYTEK INC Operating Supplies Park Maintenance 197092 86 STATE OF MINNESOTA Licenses&Taxes Fleet Operating 197035 85 MAWP Tuition Reimbursement/School Police 196982 84 EGAN OIL COMPANY Building Repair&Maint. Water Storage 197141 82 AT&T MOBILITY Pager&Cell Phone Water System Maintenance 197058 82 PAT KERNS WINE MERCHANTS Transportation Den Road Liquor Store 197297 81 VWR INTERNATIONAL INC Laboratory Chemicals Water Treatment Plant 196981 80 ECOLAB INC Other Contracted Services Housing and Human Svcs 197112 80 WAYTEK INC Operating Supplies Park Maintenance Check# Amount Vendor/Explanation Account Description Business Unit Explanation 197005 80 HENNEPIN TECHNICAL COLLEGE Employment Support Test Fire 197047 79 MOTOROLA Equipment Repair&Maint Public Safety Communications 197178 77 GINA MARIAS INC Operating Supplies Fire 196960 75 BLOOMINGTON SECURITY SOLUTIONS Building Repair&Maint. Flying Cloud Fields 197022 75 KIDCREATE STUDIO Other Contracted Services Environmental Education 197079 75 SCHARBER&SONS Equipment Parts Fleet Operating 197300 75 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 196985 72 FASTENAL COMPANY Operating Supplies Park Maintenance 197238 72 MN NCPERS GROUP LIFE INSURANCE PERA Health and Benefits 197002 70 HENDERSON,THOMAS Tuition Reimbursement/School Police 197194 69 HENRY,PAUL Other Contracted Services Volleyball 197051 65 NETA Tuition Reimbursement/School Fitness Classes 197269 64 RIES,ROB Accounts Receivable Community Center Admin 197252 64 PAPCO INC Supplies-General Bldg Community Center Maintenance 196980 62 EARL F ANDERSEN INC Signs Traffic Signs 196961 60 BOLD,PAULINE Instructor Service Outdoor Center 197151 60 CARLSON,PAUL Mileage&Parking Engineering 197109 59 VESSCO INC Equipment Parts Water Treatment Plant 197086 59 SIGNSOURCE Office Supplies City Council 197284 58 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 197154 56 CHRISTENSEN,MARGE Accounts Receivable Community Center Admin 197209 55 KNOTTS,ADRIEN Accounts Receivable Community Center Admin 197036 51 MCQUAY INTERNATIONAL Contract Svcs-HVAC City Hall-CAM 197174 50 FEIDT,ADAM M Travel Expense IT Operating 197046 50 MN REO PROPERTY MAINTENANCE AC Cash Over/Short General Fund 197169 50 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous Administration 197140 48 APPRAISAL INSTITUTE Dues&Subscriptions Assessing 197004 46 HENNEPIN COUNTY PUBLIC RECORDS Other Contracted Services Engineering 197170 46 ELECTRONIC DESIGN COMPANY Supplies-General Building City Center Operations 197231 45 MILLENNIUM FUNDING Operating Supplies Den Road Liquor Store 197244 44 NALLAMALLI,MAURTHI Accounts Receivable Community Center Admin 197019 40 JORGENSON,MICHELLE&TERRANCE Deposits Community Center Admin 197023 40 KOLLA,RAO&SUMA Deposits Community Center Admin 197033 40 MARTINEZ,LUIS&MEGAN Deposits Community Center Admin 197083 40 SHETZER,KATHY Deposits Community Center Admin 197057 40 PAPER DIRECT INC Operating Supplies Wine Club 197104 39 UNIFORMS UNLIMITED Clothing&Uniforms Police 197273 38 SCHERER BROTHERS LUMBER CO Building Materials Street Maintenance 197215 38 LANDS END CORPORATE SALES Clothing&Uniforms Police 197268 34 RICHFIELD,CITY OF Licenses&Taxes Fleet Operating 196994 33 GOEDDERZ,KERI Accounts Receivable Community Center Admin 197146 33 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations-General 197185 32 GUILLE,DAVID Accounts Receivable Community Center Admin 197276 32 SHRED-IT Waste Disposal City Center Operations 197072 30 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Operating Check# Amount Vendor/Explanation Account Description Business Unit Explanation 197195 27 HOHENSTEINS INC Beer Prairie View Liquor Store 197310 25 XCEL ENERGY Electric Flying Cloud Off Leash Park 197229 25 MIDWEST ASPHALT CORPORATION Waste Blacktop/Concrete Street Maintenance 197243 25 MSFCA Conference Expense Fire 197088 24 SPECIALIZED ENVIRONMENTAL TECH Landscape Materials/Supp Park Maintenance 197234 23 MINNESOTA DEPT OF HEALTH Licenses&Taxes Water Treatment Plant 196976 23 CUB FOODS EDEN PRAIRIE Operating Supplies Fire 196955 20 BACHMANN,HEATHER Deposits Community Center Admin 196963 20 CARLIN,JAYME Deposits Community Center Admin 196991 20 GARVEY,ERICA Deposits Community Center Admin 196995 20 GOEDJEN,TIFFANY Deposits Community Center Admin 197016 20 JOHNSON,DONALD W Deposits Community Center Admin 197024 20 KOTULA,JEFFREY Deposits Community Center Admin 197029 20 LEAGUE OF MINNESOTA CITIES Office Supplies Customer Service 197037 20 MEENDERING,TIMOTHY Deposits Community Center Admin 197040 20 MIAMA Conference Expense General Community Center 197054 20 O'CONNOR,KATHLEEN Deposits Community Center Admin 197080 20 SCHNEIDER,KATHLEEN Deposits Community Center Admin 197082 20 SHEN,XIAOJAN Deposits Community Center Admin 197094 20 SUEDBECK,DANIEL Deposits Community Center Admin 197096 20 SWARTOUT,MARIT Deposits Community Center Admin 197097 20 TANUBRATA,RENDY Deposits Community Center Admin 197100 20 TREANOR,JOANN Deposits Community Center Admin 197107 20 VAN BROCKLIN,SALLY Deposits Community Center Admin 196989 20 FIRE ENGINEERING MAGAZINE Dues&Subscriptions Fire 197302 19 WIGLEY AND ASSOCIATES Software IT Operating 197156 14 COMCAST Operating Supplies Fire 197186 12 HD SUPPLY WATERWORKS LTD Equipment Parts Water System Maintenance 197298 10 WACONIA FARM SUPPLY Equipment Repair&Maint Park Maintenance 197210 8 KRAEMERS HARDWARE INC Supplies-General Bldg Community Center Maintenance 196977 7 DAHL,GAYLE Accounts Receivable Community Center Admin 197025 7 KOVALA,CAROL Accounts Receivable Community Center Admin 197063 6 PETTY CASH-POLICE DEPT 197339 5 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 197201 3 J H LARSON COMPANY Supplies-Electrical City Hall-CAM 197249 3 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Operating 2,547,818 Grand Total