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City Council - 06/15/2010
AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,JUNE 15, 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(5:00 p.m.) I. CITY MANAGER'S PERFORMANCE REVIEW(CLOSED SESSION) Council Chamber(6:30 p.m.) II. OPEN PODIUM A. Tommy Johnson B. Jack Rhode C. Gary Stevens D. Kevin Conboy E. Don Opheim F. Gwen Schultz G. Kevin Schultz H. Kathy Kientzle I. Dick Proops J. Marc Papineau K. Jan Mosman L. John Mallo III. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,JUNE 15, 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. THREE RIVERS PARK DISTRICT UPDATE B. MRPA AWARDS OF EXCELLENCE C. SENIOR CENTER GRANT FROM THE EDEN PRAIRIE FOUNDATION V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MAY 18, 2010 B. CITY COUNCIL MEETING HELD TUESDAY, MAY 18, 2010 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVE SECOND READING OF AN ORDINANCE AMENDING CITY CODE CHAPTERS 5, 9 AND 11,RELATING TO RECYCLING AND ADOPT SUMMARY RESOLUTION FOR PUBLICATION C. ADOPT RESOLUTION APPROVING MASTER UTILITY AGREEMENT WITH MNDOT FOR THE TH 169/1-494 INTERCHANGE IMPROVEMENTS, I.C. 01-5549 CITY COUNCIL AGENDA June 15, 2010 Page 2 D. AWARD CONTRACT FOR THE RIVERVIEW ROAD POND REPAIR PROJECT TO G. F. JEDLICKI, I.C. 10-5772 E. APPROVE A TEMPORARY CONSTRUCTION AND MAINTENANCE EASEMENT FOR THE RILEY CREEK BANK STABILIZATION PROJECT, I.C. 08-5717 F. APPROVE AMENDED CONTRACT FOR COMPLETION OF BANK STABILIZATION PROJECT AND AUTHORIZE BIDS FOR A SEGMENT OF LOWER RILEY CREEK, I.C. 08-5717 G. APPROVE SUBMITTAL OF THE CITY'S ANNUAL STORMWATER PERMIT REPORT, I.C. 02-5585 H. ADOPT RESOLUTION APPROVING REVOCATION AND DESIGNATION OF PORTION OF COUNTY STATE AID HIGHWAY NO. 39, I.C. 02-5576 I. ADOPT RESOLUTION APPROVING APPOINTMENT OF ELECTION JUDGES FOR THE 2010 PRIMARY AND GENERAL ELECTION J. AWARD CONTRACT FOR 2010 BUILDING MAINTENANCE PROJECTS TO RESTORATION SYSTEMS, INC. K. AUTHORIZE THE CITY MANAGER TO SIGN REVISED ADOPTION AGREEMENT AND FLEXIBLE BENEFITS PLAN ADMINISTRATION AGREEMENT WITH GENESIS BENEFITS, INC. L. DIRECT CITY TO NOT WAIVE MONETARY LIMITS ON MUNICIPAL TORT LIABILITY ESTABLISHED BY MINNESOTA STATUTES 466.04 M. AWARD CONTRACT FOR STARING LAKE PARK BIKE TRAIL TO NORTHWEST ASPHALT,INC. N. APPROVE MODIFICATIONS TO POLICY GUIDELINES FOR COMMUNITY USE OF PARKS AND RECREATION RENTAL FACILITES RELATING TO COMMUNITY CENTER CATERING REQUIREMENTS O. ENTER INTO AN ENCROACHMENT AGREEMENT FOR PRIVATE USE OF PUBLIC PROPERTY WITH DENNIS F. AND KAY M. BERGMANN P. ADOPT RESOLUTION AUTHORIZING THE ISSUANCE, SALE, AND DELIVER OF A MULTIFAMILY HOUSING REVENUE NOTE (PRAIRIE MEADOWS PROJECT), SERIES 2010 Q. ADOPT RESOLUTION AUTHORIZING LIMITED USE PERMIT FOR NON-MOTORIZED TRAIL CITY COUNCIL AGENDA June 15, 2010 Page 3 R. APPROVE RENEWAL OF ANNUAL MAINTENANCE CONTRACT WITH MOTOROLA FOR THE DISPATCH CONSOLES AND THE NICE LOGGING RECORDERS. IX. PUBLIC HEARINGS/MEETINGS A. VACATION OF PORTION OF SANITARY SEWER AND WATERMAIN EASEMENTS ON LOT 1,BLOCK 1,INTERNATIONAL SCHOOL (Resolution) B. VACATION OF PORTION OF DRAINAGE AND UTILITY EASEMENTS ON LOT 1, BLOCK 2,WINDSOR PLAZA (Resolution) C. WILLIAM HOAG REZONING by William Hoag. Request for Zoning District change from Rural to R1-13.5 on .55 acres. Location: 12005 Sunnybrook Road. (Ordinance for Zoning District Change) D. 78TH STREET MARKET by Oppidan. Request for Planned Unit Development Concept Review on 1.22 acres, Planned Unit Development District Review on 1.22 acres, Zoning District Amendment within the C-HWY Zoning District on 1.22 acres and Site Plan Review on 1.22 acres. Location: 8045 Flying Cloud Drive. (Resolution for PUD Concept Review; Ordinance for PUD District Review and Zoning District Amendment) E. CUMMINS GRILL HOUSE LANDSCAPE RESTORATION C.O.A. Certificate of Appropriateness for landscape restoration plan for the R. Cummins Homestead F. 2010 CDBG FUNDING MODIFICATION (Resolution) X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS A. WILLIAM HOAG REZONING by William Hoag Second Reading of the Ordinance for Zoning District Change from Rural to R1-13.5 on .55 acres (Ordinance for Zoning District Change) XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. STUDENTS ON COMMISSIONS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Report on the City Manager's Performance Review CITY COUNCIL AGENDA June 15, 2010 Page 4 B. REPORT OF CITY MANAGER 1. Former KinderCare Building Lease Proposal 2. Update on Discussions with MAC regarding JAZB and Flying Cloud Fields Expansion C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. Den Road Lease D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Award Contract for the Miller Park Play Area Improvements to Blackstone Contractors 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: June 11, 2010 TO: Mayor and City Council FROM: Scott Neal, City Manager RE: City Council Meeting for Tuesday, June 15, 2010 TUESDAY,JUNE 15, 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. THREE RIVERS PARK DISTRICT UPDATE Boe Carlson, Associate Superintendent and Larry Blackstad, Board Chair of Three Rivers Park District, will present an overview of current Three Rivers Park District activities and the many amenities offered in and around Eden Prairie. B. MRPA AWARDS OF EXCELLENCE The Eden Prairie Parks and Recreation Department has been selected to receive three Awards of Excellence from the Minnesota Recreation and Parks Association. Aimee Peterson, an Awards Committee member will present the Award of Excellence. C. SENIOR CENTER GRANT FROM THE EDEN PRAIRIE FOUNDATION Synopsis: The Eden Prairie Foundation is donating $3,240 to fund two dozen new cushioned arm chairs at the Senior Center. The Eden Prairie Foundation has had a ANNOTATED AGENDA June 15,2010 Page 2 long history of supporting recreational opportunities within the community and is continuing to do so with their commitment towards the Senior Center. MOTION: Move to accept the donation from the Eden Prairie Foundation in the amount of $3,240 to fund cushioned arm chairs at the Eden Prairie Senior Center. 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, MAY 18, 2010 B. CITY COUNCIL MEETING HELD TUESDAY, MAY 18, 2010 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-R on the Consent Calendar. A. CLERK'S LICENSE LIST B. APPROVE SECOND READING OF AN ORDINANCE AMENDING CITY CODE CHAPTERS 5, 9 AND 11, RELATING TO RECYCLING AND ADOPT SUMMARY RESOLUTION FOR PUBLICATION C. ADOPT RESOLUTION APPROVING MASTER UTILITY AGREEMENT WITH MNDOT FOR THE TH 169/I-494 INTERCHANGE IMPROVEMENTS, I.C. 01-5549 D. AWARD CONTRACT FOR THE RIVERVIEW ROAD POND REPAIR PROJECT TO G. F. JEDLICKI, I.C. 10-5772 E. APPROVE A TEMPORARY CONSTRUCTION AND MAINTENANCE EASEMENT FOR THE RILEY CREEK BANK STABILIZATION PROJECT, I.C. 08-5717 F. APPROVE AMENDED CONTRACT FOR COMPLETION OF BANK STABILIZATION PROJECT AND AUTHORIZE BIDS FOR A SEGMENT OF LOWER RILEY CREEK, I.C. 08-5717 ANNOTATED AGENDA June 15,2010 Page 3 G. APPROVE SUBMITTAL OF THE CITY'S ANNUAL STORMWATER PERMIT REPORT, I.C. 02-5585 H. ADOPT RESOLUTION APPROVING REVOCATION AND DESIGNATION OF PORTION OF COUNTY STATE AID HIGHWAY NO. 39,I.C. 02-5576 I. ADOPT RESOLUTION APPROVING APPOINTMENT OF ELECTION JUDGES FOR THE 2010 PRIMARY AND GENERAL ELECTION J. AWARD CONTRACT FOR 2010 BUILDING MAINTENANCE PROJECTS TO RESTORATION SYSTEMS, INC. K. AUTHORIZE THE CITY MANAGER TO SIGN REVISED ADOPTION AGREEMENT AND FLEXIBLE BENEFITS PLAN ADMINISTRATION AGREEMENT WITH GENESIS BENEFITS,INC. L. DIRECT CITY TO NOT WAIVE MONETARY LIMITS ON MUNICIPAL TORT LIABILITY ESTABLISHED BY MINNESOTA STATUTES 466.04 M. AWARD CONTRACT FOR STARING LAKE PARK BIKE TRAIL TO NORTHWEST ASPHALT, INC. N. APPROVE MODIFICATIONS TO POLICY GUIDELINES FOR COMMUNITY USE OF PARKS AND RECREATION RENTAL FACILITES RELATING TO COMMUNITY CENTER CATERING REQUIREMENTS O. ENTER INTO AN ENCROACHMENT AGREEMENT FOR PRIVATE USE OF PUBLIC PROPERTY WITH DENNIS F. AND KAY M. BERGMANN P. ADOPT RESOLUTION AUTHORIZING THE ISSUANCE, SALE,AND DELIVER OF A MULTIFAMILY HOUSING REVENUE NOTE (PRAIRIE MEADOWS PROJECT), SERIES 2010 Q. ADOPT RESOLUTION AUTHORIZING LIMITED USE PERMIT FOR NON- MOTORIZED TRAIL R. APPROVE RENEWAL OF ANNUAL MAINTENANCE CONTRACT WITH MOTOROLA FOR THE DISPATCH CONSOLES AND THE NICE LOGGING RECORDERS IX. PUBLIC HEARINGS/MEETINGS A. VACATION OF PORTION OF SANITARY SEWER AND WATERMAIN EASEMENTS ON LOT 1, BLOCK 1, INTERNATIONAL SCHOOL (Resolution) Official notice of this public hearing was published in the May 27, 2010,Eden Prairie News and sent to one property owner. ANNOTATED AGENDA June 15,2010 Page 4 Synopsis: The Property Owner has requested the vacation of the sanitary sewer and watermain easement over a part of Lot 1, Block 1, International School, to facilitate the addition of a track facility. Portions of the existing sanitary sewer and watermain will be moved and new easements will be dedicated. MOTION: Move to: • Close the public hearing; and • Adopt the resolution vacating a portion of the Sanitary Sewer and Watermain Easements lying over, under and across Lot 1, Block 1, International School, according to the recorded plat thereof, Hennepin County, Minnesota. B. VACATION OF PORTION OF DRAINAGE AND UTILITY EASEMENTS ON LOT 1, BLOCK 2,WINDSOR PLAZA (Resolution) Official notice of this public hearing was published in the May 27, 2010,Eden Prairie News and sent to 7 property owners. Synopsis: The Property Owner has requested the vacation of the drainage and utility easement over a part of Lot 1, Block 2, Windsor Plaza to facilitate the proposed Randy's Bobby and Steve's property development. MOTION: Move to: • Close the public hearing; and • Adopt the resolution vacating a portion of the Drainage and Utility Easements lying over, under and across Lot 1, Block 2, Windsor Plaza, according to the recorded plat thereof, Hennepin County, Minnesota. C. WILLIAM HOAG REZONING by William Hoag. Request for Zoning District change from Rural to R1-13.5 on .55 acres. Location: 12005 Sunnybrook Road. (Ordinance for Zoning District Change) Official notice of this public hearing was published in the May 7, 2010, Eden Prairie News and sent to 27 property owners. Synopsis: This is a rezoning of a single family lot from Rural to R1-13.5 located at 12005 Sunnybrook Road. The proposed lot conforms to the requirements of the R1- 13.5 zoning district for lot size and lot dimensions. The rezoning also included a variance request for average setback from 134 feet to 35 feet. This was approved by the Planning Commission on May 24, 2010. When 40% or more of a block is developed, the required setback shall be equal to or greater than the average setback of the principle structure on either side. The lot depth is 154.77 feet. Applying the average setback and rear yard setback requirement would make it impossible to build a house without granting front and/or rear yard setback variances. A staff report for second reading of the ordinance for rezoning is located under Ordinances and Resolutions. The 120-Day Review Period Expires on September 3, ANNOTATED AGENDA June 15,2010 Page 5 2010. The Planning Commission voted 7-0 to recommend approval of the rezoning from Rural to R1-13.5 at the May 24, 2010 meeting. MOTION: Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance for Zoning District Change from Rural to R1-13.5 on .55 acres D. 7811 STREET MARKET by Oppidan. Request for Planned Unit Development Concept Review on 1.22 acres, Planned Unit Development District Review on 1.22 acres, Zoning District Amendment within the C-HWY Zoning District on 1.22 acres and Site Plan Review on 1.22 acres. Location: 8045 Flying Cloud Drive. (Resolution for PUD Concept Review; Ordinance for PUD District Review and Zoning District Amendment) Official notice of this public hearing was published in the June 3, 2010,Eden Prairie News and sent to 16 property owners. Synopsis: The project is a 7,600 square foot retail building that replaces the exiting Marathon gas station and car wash buildings. The landscape plan has been revised for a decorative fence and plantings. The fence needs stone or brick columns to be consistent with the Lone Oak plan. The developer has agreed to add these to the plan. This will be a condition in the developer agreement. The 120-Day Review Period Expires on September 3, 2010. MOTION: Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 1.22 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Amendment in the C-HWY Zoning District on 1.22 acres; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions; and • Approve and Authorize Issuance of a Grading Permit for West 78th Street Retail project subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated June 15, 2010, as approved by the City Council; and • Approve and Authorize Issuance of a footing and foundation permit for the West 78th Retail Project subject to release by the Chief Building Official that the building permit conforms to plans stamp dated June 15, 2010, as approved by the City Council. ANNOTATED AGENDA June 15,2010 Page 6 E. CUMMINS GRILL HOUSE LANDSCAPE RESTORATION C.O.A. Certificate of Appropriateness for landscape restoration plan for the R. Cummins Homestead Official notice of this public hearing was published in the June 3, 2010,Eden Prairie News and sent to 5 property owners. Synopsis: The Certificate of Appropriateness application is for landscape restoration over much of the heritage site. The site sustained construction related damages in many areas due to Hennepin County's roadway reconstruction project on adjacent Pioneer Trail (CSAH 1), and the City's subsequent ball field and parking lot reconstruction projects. The implementation of the Landscape Restoration Plan is the mitigation agreed to by the City and Hennepin County Transportation as stipulated in the Section 106 Memorandum of Agreement(MOA),between the Federal Highway Administration, Advisory Council on Historic Preservation and State Historic Preservation Office. The plan is found to meet preservation standards applicable to this application request based on the following: • That notice of the City Council public hearing was published in the local paper • That proper notice was given to property owners within 500 feet of the site • That the City's Parks & Recreation Director was present to provide oral and documentary evidence to the HPC • That the Heritage Preservation Commission was presented with the application for review for the restoration of the John R. Cummins House landscape • That the application does meet the Secretary of The Interior's Standards, and the specific Criteria for Certificate of Appropriateness. These findings are listed in Exhibit A of the Certificate of Appropriateness. The Eden Prairie Heritage Preservation Commission held a public meeting on May 17, 2010, and reviewed the Landscape Preservation Plan per City Code, Section 11.05, Subd. 8.C., Criteria for Certificate of Appropriateness. The Commission voted in favor(7-0) and recommends that the City Council approve the application for Certificate of Appropriateness No. 2010-02-004. MOTION: Move to: • Close the Public Hearing; and • Adopt the Findings of Fact and Approve Certificate of Appropriateness #2010-02-004 For the John R. Cummins House Landscape Restoration Plan, subject to the State Historic Preservation Office (SHPO) review and comment. ANNOTATED AGENDA June 15,2010 Page 7 F. 2010 CDBG FUNDING MODIFICATION (Resolution) Official notice of this public hearing was published in the May 27, 2010, Eden Prairie News. Synopsis: The Human Services Review Committee is recommending funding the Vehicle Repair Program from the remaining $4,159 in 2010 CDBG Public Services funds. The Eden Prairie Car Repair program was established to meet the great need in the community and to help residents maintain self sufficiency. Since the inception of this pilot project in the fall of 2006 there have been 86 repairs made for Eden Prairie residents. From July 2009 to present there have been 15 repairs (20 repairs in 2009) for a total of$9,438.71. The assistance of the car repair program has helped clients who need their cars in order to get to work and/or to support themselves and their families. The program is administered, at no cost to the City of Eden Prairie,by Community Action Partnership of Suburban Hennepin(CAPSH). The repairs must be made in one of six participating garages in Eden Prairie, thereby insuring local distribution of the funds. To qualify for the program, clients must meet both residency and CDBG income eligibility guidelines. Clients are required to provide the necessary documentation, including driver's license,proof of car insurance and ownership and income verification. Clients must also sign an agreement that they will not sell the car for 90 days following the repair. Repairs are limited to problems that impact safety issues. The Car Repair program will pay 75% of repairs and client is responsible for 25% of initial garage estimate. The client portion must be paid before repairs are started. The program will pay up to $750 for repairs. Anything over this amount will be the responsibility of the client. Clients are able to access the program once every three years. MOTION: Move to: • Close the public hearing; and • Adopt Resolution approving the use of $3,000 in 2010 CDBG funds for vehicle repair program. X. PAYMENT OF CLAIMS MOTION: Move approval of the Payment of Claims as submitted (Roll Call Vote). ANNOTATED AGENDA June 15,2010 Page 8 XI. ORDINANCES AND RESOLUTIONS A. WILLIAM HOAG REZONING by William Hoag Second Reading of the Ordinance for Zoning District Change from Rural to R1-13.5 on .55 acres (Ordinance for Zoning District Change) Synopsis: This is final approval of a rezoning of a single family lot from Rural to R 1-13.5 located at 12005 Sunnybrook Road. MOTION: Move to approve 2nd Reading of the Ordinance for a single family lot from Rural to R1-13.5 on .55 acres. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. STUDENTS ON COMMISSIONS Synopsis: We received 14 applications for the 2010-2011 Students on Commission program. Commission Staff Liaisons met to review and discuss the applications. The attached appointment recommendations are based on the students' stated Commission preferences and the quality of their applications. All 14 student applicants are being recommended for appointment. The Fall Students on Commission term is from September 2010 through December 2010. The Winter/Spring term is from January 2011 through April 2011. An orientation session will be held during the late summer. MOTION: • Move to: Appoint to the Arts & Culture Commission: David Mingo and Everett Keegan for the Fall and Winter/Spring terms; and • Move to: Appoint to the Conservation Commission: Rachel Wood and Joshua Auerbach for the Fall and Winter/Spring terms; and • Move to: Appoint to the Flying Cloud Airport Advisory Commission: Neeraj Ajgaonkar for the Fall and Winter/Spring terms; and • Move to: Appoint to the Heritage Preservation Commission: Ian English to the Fall and Winter/Spring terms; and • Move to: Appoint to the Human Rights and Diversity Commission: Ryan Borchardt and Salman lkramuddin for the Fall term; and He Li, Clayton Carlson and Alexander Borsch for the Winter/Spring term; and • Move to: Appoint to the Parks, Recreation, and Natural Resources Commission: Ethan Holdahl and Pranay Rao for the Fall and Winter/Spring terms; and Shyam Raman for the Fall term. ANNOTATED AGENDA June 15,2010 Page 9 XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Report on the City Manager's Performance Review B. REPORT OF CITY MANAGER 1. Former KinderCare Building Lease Proposal 2. Update on Discussions with MAC regarding JAZB and Flying Cloud Fields Expansion C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. Den Road Lease Synopsis: A lease proposal was presented to staff last week for a chiropractic clinic to lease 2,200 square feet of the space formerly occupied by Hollywood Video in the City's Liquor Store#2 building. The clinic will be located in the southwest corner of the building with its main entrance on the south side of the building—or the side that faces West 78th Street and the E.P. Center. This will leave about 2,800 square feet of prime space available on the southeast corner of the building. A copy of the Letter of Intent is enclosed but the basic terms of the lease are as follows: Lease Term: 5 years Net Rent Years 1-2 $25/sf - $55,000 annually Years 3-5 $26/sf - $57,200 annually Total Rent - $281,600 Tenant Improvement Allowance: Landlord Pays $20/sf- $44,000 Broker Commission: $8,800.00 Landlord Work: Landlord provides demising wall, secondary access, remodel bathroom and hallway. Cost unknown at this time. Common Area Maintenance: Tenant pays pro rata share Property Taxes/Insurance: Tenant Pays Delivery Date: 30 days after lease execution Lease Commencement: 75 days after delivery/date business opens— whichever occurs first. MOTION: Move to approve a new lease between the City of Eden Prairie and Dr. Tory M. Robson for a Chiropractic Clinic at the City owned property located at 8020 Den Road. ANNOTATED AGENDA June 15,2010 Page 10 D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Award Contract for the Miller Park Play Area Improvements to Blackstone Contractors Synopsis: Plans and specifications were prepared by Brauer&Associates, Ltd. for the play area improvements at the Miller Park. Three construction companies submitted quotes for the project, Blackstone Contractors, Odesa II and KA Witt. Because of the complexity of the bid submittal please refer to the attached memo from Jason Amberg of Brauer&Associates, LTD for the full bid details. Staff has reviewed the bid submittals with the consultant,Brauer&Associates, LTD. and concurs with their recommendation of awarding the work to Blackstone Contractors as detailed on the first page of their memo. The Parks, Recreation and Natural Resources Commission reviewed the project bids and voted 5-0 to recommend that the City Council award the contract to Blackstone Contractors at their June 7th meeting. The funding for the Miller Park Play Area improvement project comes from the 2010 Capital Improvement Plan. The consultant estimate for the project was $440,000. This final phase of renovation work at the Miller Park Play area will complete the update of this older community park playground that started in 2008. This final phase of work includes the renovation of the large "5-12 year old"play structure with the addition of a new taller tower with slides.New play features will include the installation of a splash pad play area, a climbing"rock"with cargo nets, a "sensory wall", a"cozy dome", and new walkways. There will be a third play area entry point on the east end with benches and a drinking fountain. The area adjacent to the parking lot will be fenced and landscaped to match the work that was done when the"Barrier Free" features were added in 2008-09. This playground renewal project has benefited from generous donations from the Garvin/Miller Family and their fund raising efforts. This final phase will make the play area fun and functional for many years to come. MOTION: Move to award the contract for Miller Park Play Area Improvements to Blackstone Contractors in the amount of $401,430.25 for the base quote plus alternate A5, plus alternates A7 to A15, and deduct item D1. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY ANNOTATED AGENDA June 15,2010 Page 11 XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. CITY COUNCIL AGENDA DATE: SECTION: Proclamations &Presentations June 15, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.A. Jay Lotthammer, Director, Three Rivers Park District Presentation Parks and Recreation Synopsis Boe Carlson, Associate Superintendent and Larry Blackstad, Board Chair of Three Rivers Park District, will present an overview of current Three Rivers Park District activities and the many amenities offered in and around Eden Prairie. Background Three Rivers Park District is a natural resources-based park system that manages nearly 27,000 acres of park reserves, regional parks, regional trails and special-use facilities. The Park District offers facilities for every season, including: picnicking, swimming, creative play, boating, fishing, downhill skiing, snowboarding, golf, camping and sledding; extensive trails for hiking, biking, in-line skating, horseback riding, cross-country skiing and snowshoeing, as well as program sites for nature, recreation, historic and farm education. Three Rivers Park District is an independent, special park district established by the State Legislature in 1957. As a special park district, Three Rivers Park District is charged with the responsibilities of acquisition, development and maintenance of large park reserves, regional parks and regional trails for the benefit and use of the citizens of suburban Hennepin County, Scott County, the metropolitan areas, and the State of Minnesota. The Park District works cooperatively with the Metropolitan Parks and Open Space Commission, Metropolitan Council and State Legislature as one of ten implementing agencies of the Metropolitan Regional Park System. This system of parks was established in 1974 by the Minnesota State Legislature and collectively serves more than 33 million park guests per year in the seven county metro area, providing outdoor education/recreation facilities, services and programs. The mission of Three Rivers Park District is to promote environmental stewardship through recreation and education in a natural resources-based park system. Each of the Park District's facilities is located within watersheds that flow into three rivers --the Mississippi, Minnesota and Crow. These rivers have historically been, and continue to be, significant in the lives of the region's residents. Three Rivers Park District's policy for planning and management of natural resources has distinguished it from other park and recreation agencies in Minnesota. The policy specifies that no more than 20 percent of a park reserve may be developed for active use, and that at least 80 percent of a park reserve shall be restored to and retained in a natural state. Three Rivers Park District Presentation June 15, 2010 Page 2 As a result, the Park District has been actively involved in the preservation and restoration of wildlife and plant species. Once rare osprey, bald eagles, sandhill cranes and trumpeter swans are now nesting in the park reserves. Woodland and prairie restorations have been accomplished using native wildflowers, shrubs and trees produced from seed collected in the park reserves. Park visitors are offered abundant opportunities to view and learn about the resources within each park. Careful routing of bike, hike and ski trails provides intimate views of woodlands, wetlands and prairie, as well as the wildlife that inhabit them. Outdoor education staff offer an array of programs that foster a better understanding of our environment. CITY COUNCIL AGENDA DATE: SECTION: Proclamations &Presentations June 15, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.B. Jay Lotthammer, Director, Minnesota Recreation and Parks Association Parks and Recreation Awards of Excellence Synopsis The Eden Prairie Parks and Recreation Department has been selected to receive three Awards of Excellence from the Minnesota Recreation and Parks Association. The awards were in three separate categories for 2009 projects. Aimee Peterson, an Awards Committee member will present the Award of Excellence to the Eden Prairie City Council and City staff on June 15, 2010 for the following three projects: Project Title Award Category Eden Prairie Veterans Memorial Park and Facility -Purgatory Creek Park Eden Prairie Art Center Administrative/Management Strategies Eden Prairie Art Crawl Programming and Events Background The Minnesota Recreation and Parks Association(MRPA)Awards Committee reviewed eighteen nominations for awards this year and twelve were selected to receive the Award of Excellence. The MRPA Awards Committee selected three City of Eden Prairie projects to receive the 2009 Award of Excellence recognition. The MRPA Award of Excellence program recognizes agencies or organizations in Minnesota for outstanding achievements in parks, recreation and leisure services. A major goal of the program is to increase public awareness and appreciation of the excellent parks, trails, recreation and leisure services available throughout Minnesota. The intent of the Award of Excellence program is to recognize projects, programs or initiatives that have occurred during the year 2009, or projects that have resulted in substantial change or improvement to an Award of Excellence category during the year 2009. Award of Excellence Categories: Administrative or Management Strategies: Example: creative financing, land acquisition, strategic planning process, effective marketing strategies. Minnesota Recreation and Parks Association Awards of Excellence June 15, 2010 Page 2 Park and Facility: Example: park or facility design and development, grounds or facility maintenance,urban forestry, landscaping, or conservation projects. Programming and Events: Examples: unique, creative recreation programming, special events, or community celebrations. Criteria for Judjiinji Each project is judged according to the following criteria: Planning Process, Funding Plan, Level of Collaboration with Others, Community Support, Originality/Design, and Evaluation Process The City of Eden Prairie has received the MRPA Award of Excellence for setting a standard of excellence in the field of Parks, Recreation and Leisure Services for the following ten projects. • Staring Lake Archery Range in 2005 • Eden Prairie International Festival in 2004 • Jean Harris Gathering Bridge in 2004 • Riley-Jacques Barn Rehabilitation in 2004 • Purgatory Creek Recreation Area Park in 2004 • Leisure Education Program in 2003 • Cummins House Program in 2002 • Park Interpretive Panels in 2001 • Community Forum in 2000 • Leisure Discovery Day in 1995 CITY COUNCIL AGENDA DATE: SECTION: Proclamations & Presentations June 15, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.C. Jay Lotthammer, Director, Eden Prairie Foundation Donation Parks and Recreation Motion Move to: Accept the donation from the Eden Prairie Foundation in the amount of$3,240 to fund cushioned arm chairs at the Eden Prairie Senior Center. Synopsis The Eden Prairie Foundation is donating $3,240 to fund two dozen new cushioned arm chairs at the Senior Center. Background The Eden Prairie Foundation has had a long history of supporting recreational opportunities within the community and is continuing to do so with their commitment towards the Senior Center. Attachment Letter from Eden Prairie Foundation and copy of check April 22, 2010 Ms. Sue Bohnsack City of Eden Prairie 8950 Mitchell Road Eden Prairie,MN 55347 Dear Sue: It is our great pleasure to announce that the Eden Prairie Foundation Board has voted to fund the grant application you requested. The amount of$3240 will be awarded to fund cushioned arm chairs at the Eden Prairie Senior Center. Grants will be awarded at our annual Spring Grant Awards Breakfast on May 19, 2010, at 7:30 a.m. at Olympic Hills Golf Club, 10625 Mount Curve Road, Eden Prairie. One representative from your organization is invited as our guest for breakfast to accept the grant and speak briefly about your program. Please RSVP to Mary Gustafson via email at Mgustafson(a�subrad.com by May 12. In our effort to verify the use of grant monies, we request that you provide us with some information after receiving your grant. First, please provide invoices for the purchases made with the grant monies awarded to your organization. Please also forward a few photographs of the cushioned arm chairs. We would like to use the photographs, along with your feedback on how the grant monies helped your organization, in our future newsletters, on our website, and in other media. (Please see the attached release form.) Our donors enjoy hearing the human interest stories surrounding the grants. In the rare event that after receiving the grant, you no longer need the cushioned arm chairs or they become funded by other sources,please contact us for consideration on the appropriate use of the grant monies. Cashing of the grant draft by your organization shall be your agreement to timely abide by all of the requests set forth in this letter. Invoices and photographs (along with the attached release) should be forwarded within six months of your receipt of the grant monies to: Mary Gustafson/Lynne Crist Eden Prairie Foundation 8080 Mitchell Road Eden Prairie,MN 55344 20638 EDEN PRAIRIE FOUNDATION FLAGSHIP BANK MINNESOTA 8080 MITCHELL ROAD EDEN PRAIRIE,MN 55344 . EDEN PRAIRIE,MN 55344 75-788-919 4/29/2010 • C c ORDER OF $**3 O ,240.00 CITY OF EDEN PRAIRIE ORDER OF 171 Three Thousand Two Hundred Forty and 00/100**********************************AAAAAAA***************at*********AAAAAAA DOLLARS .42 • U CITY OF EDEN PRAIRIE N EDEN PRAIRIE SENIOR CENTER �� 8 8080 MITCHELL ROAD EDEN PRAIRIE, MN 55344 ��� /i MEMO AUTHORIZED SIGNATURE PO 20 6 380 1:0 9 /90 788 21: 2 5111 2 7800 -- - EDEN PRAIRIE FOUNDATION 206 3 8 • CITY OF EDEN PRAIRIE 4/29/2010 Spring grant 3,240.00 • 64-10-t Taft 2,6ut & k1 ( rne_s • Checking -Flagship B 3,240.00 ITEM NO.: VLA. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,MAY 18, 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 Mayor Young was absent. Council Member Aho joined the meeting at 5:50 p.m. I. COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING Housing and Community Services Manager Molly Koivumaki presented a PowerPoint on Human Services funding. Koivumaki said the City has three sources of human services funding: the general fund, Community Development Block Grants (CDBG) and CDBG program income. Koivumaki reviewed a decision tree that outlines how human services funding is determined. She said the first priority is to use Federal funds, so each proposal is checked against eligibility requirements for CDBG. If a proposal is not CDBG-eligible, it is checked for alignment with general fund priorities. Koivumaki noted that programs funded through CDBG can be moved to the General Fund for support; however, once they are supported through the General Fund they are no longer eligible for CDBG funding. Koivumaki also reviewed timelines for Community Development Block Grant programs and general fund programs. The CDBG fiscal year runs from July to June. The General Fund fiscal year runs from January to December. In order to run the funding processes in tandem, the Human Services general fund process would have to be moved up by several months. In 2010, $160,000 was allocated from the general fund for the following human services programs: • PROP - $31,000 • Meals on Wheels - $10,000 • Senior Community Services - $30,000 • Storefront- $10,000 Council Workshop Minutes May 18, 2010 Page 2 • YMCA - $25,000 • Teens Alone - $13,500 • Eden Prairie Family Center- $14,000 • HSSC - $26,500 In 2010, $278,292 in CDBG funding was allocated as follows: • Housing - $194,680 • Program Administration- $27,829 • Fair Housing - $2,783 • Public Service - $53,000 Koivumaki explained that all human services funds are reimbursed only after the actual expenses have been incurred and staff has determined that all guidelines have been met. HUD also monitors City spending of CDBG funds to make sure they are applied to eligible projects and are spent in a timely manner. Koivumaki explained that program income is generated through repayment of principal and interest on housing rehabilitation loans and biannual payments of principal and interest on loans made using CDBG funds to Edenvale, Bluffs at Nine Mile Creek, Lincoln Parc, and Columbine Town Homes. Program income is used for CDBG-eligible activities that benefit low-to moderate-income residents. Projects funded with program income include ABC House, Edendale and PROP. Neal noted that it is up to the City Council to decide whether or not to allocate funds to projects that do not generate program income. A maximum of 15% of CDBG can go toward public service programs. Case said he leans toward supporting public service programs and he likes that the City is maximizing that amount. Council Member Nelson asked if the City uses any funds for upkeep of Section 8 housing. Koivumaki said some work has been done on Edendale senior housing. Prairie Meadows is experiencing mold issues and may submit a request for funding. Columbine Townhomes has asked to be considered for funding to correct siding issues. Community Development Director Janet Jeremiah said staff is exploring the possibility of using funds to sprinkler some older buildings. Nelson said she likes that the City funds a variety of programs. Aho said he likes the current mix of funding and thinks we should continue it. Council Workshop Minutes May 18, 2010 Page 3 Council Chamber II. OPEN PODIUM A. JILL RASMUSSEN—KEEPING CHICKENS Rasmussen asked the City Council to relook at the ordinance that prohibits keeping chickens in residential areas. She said chickens are quieter than dogs and don't smell. She said Minneapolis and St. Paul allow people to keep live chickens. Neal said staff will gather information about policies of other metro cities and report back to the City Council. B. RON MEUSER—PARK TRAIL ON DUCK LAKE TRAIL/EDEN PRAIRIE ROAD Meuser said he has lived in Eden Prairie for 22 years. He said he saw an article in the Sun Current about upcoming trail projects, one that will cost around $400,000 and one that will cost about $300,000. He said it appears that the cost for about 1.5 miles of trails will be approximately$700,000. He asked the Council to consider holding off on these projects in light of the tough economic times. C. ANGIE FREEMAN—RENAMING CHARLSON ROAD Freeman said she is Vice President of Public Affairs for C.H. Robinson. She said C.H. Robinson's headquarters are in Eden Prairie. The company employs 7,300 people worldwide and about 1,300 employees in Eden Prairie. She said C.H. Robinson's roots in the community run deep, and that they support local organizations such as PROP and the Family Center. She said C.H. Robinson is the only occupant on Charlson Road. C.H. Robinson would like to rename Charlson Road as Robinson Way; however, they have no intention of causing offense and will support whatever decision the City Council makes. D. JACK RHODE—RENAMING CHARLSON ROAD Rhode said he is president of the Hennepin Village Master Association. He said people who live in Hennepin Village are incensed at the idea of changing the name of Charlson Road to something else. He said changing the name would be disrespectful of Lynn Charlson, who was a philanthropist and community oriented man. E. JEFF STRATE—RENAMING CHARLSON ROAD Strate recommended that the City Council not change the name of Charlson Road. He said Charlson Road is a name residents are accustomed to and it appears on many maps. Strate said Lynn Charlson was more than a land owner. Charlson was an inventor and philanthropist, and the road named in his honor should not be renamed. III. ADJOURNMENT ITEM NO.: VI.B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MAY 18, 2010 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Ron Case, Jon Duckstad and Kathy Nelson CITY STAFF: City Manager Scott Neal, Parks &Recreation Director Jay Lotthammer, Public Works Director Gene Dietz, Community Development Director Janet Jeremiah, City Attorney Rick Rosow and Council Recorder Jan Curielli I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Young called the meeting to order at 7:00 PM. All Council Members were present. II. COLOR GUARD /PLEDGE OF ALLEGIANCE Mayor Young thanked Boy Scout Troop 342, sponsored by the United Methodist Church, for presenting the colors. III. OPEN PODIUM INVITATION IV. PROCLAMATIONS /PRESENTATIONS A. EDEN PRAIRIE RELAY FOR LIFE UPDATE Jody Russell, Chair of the 2010 Eden Prairie Relay for Life, gave an update on this year's relay. She said the 12-hour event will be held Friday and Saturday, July 16 and 17, from 6:30 PM to 6:30 AM at the Central Middle School. B. HUMAN RIGHTS AWARDS Pam Spera, Chair of the Human Rights & Diversity Commission, presented the Human Rights Awards. She presented the Non-Profit Organization award to City Hill Fellowship's Tutoring program; two Individual awards, one to Kerry Holtmeier Hallee, Coordinator of the FamiLink Resource Center, and the other to Gardner Gay, Executive Director, A Better Chance Foundation; and the Business award to SouthWest Transit. C. 2009 COMPREHENSIVE ANNUAL FINANCIAL REPORT Steve Wischmann, Partner in the accounting firm Kern Dewenter Viere Ltd., presented the 2009 financial report. He reviewed the details of the audit process and gave a Power Point presentation on the financial report. He noted their job is to provide an opinion on the City's financial statements, and this year they issued a clean (unqualified) opinion on the financial statements. CITY COUNCIL MINUTES May 18,2010 Page 2 Neal said over the last couple of years the City has been making greater use of internal service funds as a management tool in an effort to spread our overhead costs over operating budgets. He said a question was raised to the City Council that perhaps the way we put together the internal service funds with projected costs was not consistent with Generally Accepted Accounting Principles (GAAP). He asked Mr. Wischmann to comment on that. Mr. Wischmann said as part of the audit process they provide assurances on all funds of the City including the internal service funds. They looked at the methodology used for the allocation and calculation of those internal service funds and believe them to be fully compliant with GAAP in the methodology and application being used. MOTION: Aho moved, seconded by Nelson, to accept the 2009 Comprehensive Annual Financial Report (CAFR). Motion carried 5-0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added Items XIV.A.1 and 2. Rosow said there is a revised Certificate of Appropriateness for Item IX.A. Rosow said Item H. should be pulled from the Consent Calendar and discussed as a separate item. MOTION: Duckstad moved, seconded by Nelson, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MAY 4, 2010 MOTION: Duckstad moved, seconded by Case, to approve the minutes of the City Council workshop held Tuesday, May 4, 2010 as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY, MAY 4, 2010 MOTION: Nelson moved, seconded by Aho, to approve the minutes of the City Council meeting held Tuesday, May 4, 2010 as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. RANDY'S BOBBY& STEVE'S AUTO WORLD by Randy's Bobby& Steve's Auto World, LLC. Second reading of Ordinance 8-2010-PUD-2-2010 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 No. 8-2010-PUD-2-2010 for PUD District Review CITY COUNCIL MINUTES May 18,2010 Page 3 with waivers and Zoning District Change; Resolution No. 2010-34 for Site Plan Review) C. APPROVE SECOND READING OF ORDINANCE 9-2010 AMENDING CITY CODE SECTION 11.51 RELATING TO STANDARDS FOR PROTECTION OF WETLANDS AND ADOPT SUMMARY RESOLUTION NO. 2010-35 FOR PUBLICATION D. ADOPT RESOLUTION NO. 2010-36 APPROVING FINAL PLAT OF GRACE CHURCH FIRST ADDITION E. ADOPT RESOLUTION NO. 2010-37 APPROVING FINAL PLAT OF AUTO WORLD ADDITION (RANDY'S BOBBY & STEVE'S) F. ADOPT RESOLUTION NO. 2010-38 AWARDING CONSTRUCTION CONTRACT FOR SINGLETREE LANE IMPROVEMENTS TO NORTHWEST ASPHALT INC., I.C. 07-5690 G. ADOPT RESOLUTION NO. 2010-39 APPROVING GRANT AGREEMENT WITH MINNESOTA DEPARTMENT OF PUBLIC SAFETY FOR THE 2010-2011 SAFE AND SOBER COMMUNITIES PROJECT H. APPROVE AT&T LEASE AGREEMENT I. AWARD BID FOR TRAIL OVERLAY WORK TO BITUMINOUS ROADWAYS,INC. J. AWARD BID FOR FRANLO ROAD SIDEWALK CONSTRUCTION TO S.M. HENTGES & SONS, INC. MOTION: Aho moved, seconded by Case, to approve Items A-G, I and J on the Consent Calendar. Motion carried 5-0. Rosow said the approval of the license agreement between AT&T and the City of Eden Prairie for a telecommunications tower at 13708 Holly Road should include the requirement to change their plan for an eight-foot fence to conform to City code which is a six-foot fence. MOTION: Case moved, seconded by Aho, to approve the license agreement between AT&T and the City of Eden Prairie for a telecommunications tower at 13708 Holly Road, subject to changing the plan to conform to City Code with respect to a six-foot fence. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS A. RILEY-JACQUES DRIVEWAY & PARKING C.O.A. Certificate of Appropriateness for construction of a three-space parking area and driveway alterations for the Riley-Jacques farmhouse. CITY COUNCIL MINUTES May 18,2010 Page 4 Neal said official notice of this public hearing was published in the May 7, 2010, Eden Prairie News and sent to 25 property owners. The Heritage Preservation Commission(HPC) has reviewed plans and application for a Certificate of Appropriateness (COA) for the Riley-Jacques Farmstead located at 9100 Riley Lake Road. The COA application is for site alterations, which include the addition of a three space parking area located south of the house, adjacent to the existing driveway, and termination of the driveway access points that currently merge onto the park trail west of the house. Parking is needed to accommodate off driveway parking for tenants. Termination of the driveway access points to the trail will eliminate using the driveway and trail as a driveway loop. Neal said the parking area plan and driveway alterations for the Riley-Jacques Farmstead were reviewed per City Code, Section 11.05, Subd. 5.C. The plan was found to meet General Preservation Standards and minimize adverse effects as follows: • Limit parking to three spaces • Maintain original grades where possible • Installation of sod/grass seed over existing driveway at trail intersections to limit access to driveway • Restore all areas affected by construction to original condition Neal said the Heritage Preservation Commission(HPC) reviewed the Certificate of Appropriateness application at its regularly scheduled meeting on April 19, 2010. The Commission voted in favor(5-0). The HPC recommends that the City Council approve Certificate of Appropriateness No. 2010-01-007. He said this is the first opportunity the Council has had to approve this kind of thing. It is from the new ordinance adopted earlier this year. Duckstad asked if there is an estimate of the cost to complete this project. Lotthammer said it will be a standard, gravel driveway that will use fill and a little bit of sod. The work will be done in-house. There were no comments from the audience. MOTION: Case moved, seconded by Aho, to close the public hearing, and to adopt the findings and approve Certificate of Appropriateness #2010-01-007 (Riley-Jacques Farmstead Parking Space and Driveway Alterations). Motion carried 5-0. B. WILLIAM HOAG by William Hoag. Request for Zoning District change from Rural to R1-13.5 on .55 acres. Location: 12005 Sunnybrook Road. (Ordinance for Zoning District Change) Neal said official notice of this public hearing was published in the May 7, 2010, Eden Prairie News and sent to 27 property owners. The Planning Commission held a public hearing on April 26, 2010 to discuss a request from William Hoag to rezone .55 acres from Rural to R1-13.5 and a front yard setback variance in order to rebuild a house that had collapsed. The commission was comfortable with the CITY COUNCIL MINUTES May 18,2010 Page 5 rezoning, but needed more information on the variance. The commission continued the item until May 10. The commission did not have quorum on May 10, and the hearing was continued to May 24. MOTION: Duckstad moved, seconded by Case, to continue the public hearing to the June 15, 2010, City Council meeting. Motion carried 5-0. Nelson asked if the Planning Commission not having a quorum is becoming a common problem. Neal said it is not becoming a common problem. C. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTERS 5, 9 AND 11,RELATING TO RECYCLING Neal said official notice of this public hearing was published in the May 7, 2010, Eden Prairie News. The proposed change to Chapter 5, Section 5.36-licensing of collectors of solid,recyclable and/or yard waste-would require the Licensee (recycling service)to provide a quarterly written report. This is currently required for the licensee providing services to single family and multifamily households. The proposed change to Chapter 9, Section 9.01 -storage, deposit and collection of refuse,yard waste, recyclable waste and solid waste—lists the zoning districts in which owners, associations, and other management entities would make available to tenants the collection of recyclable wastes. These zoning districts are OFC, I-2, I-5, I- Gen, C-Reg, C-Reg-Ser, C-Comm,N-Comm, C-Hwy, and TC. It also requires that the licensee provide recycling information and containers for tenants. The proposed change to Chapter 11, Section 11.03 establishment of district, special requirements and performance standards—requires plans to show the location of trash and recycling enclosures. The enclosures would be required to meet architectural standards and setbacks. For the last 20 years,by development agreement,the City has required that development plans (330 properties) show the location of trash and recycling enclosures for screening purposes. Neal said in July 2009 the Conservation Commission began discussions about amending the City Code for recycling in commercial, office and industrial areas. Currently recycling services are available for single family and multiple family areas. At the December 11, 2009, Planning Commission meeting, staff presented an outline of the proposed changes to Chapters 5, 9, and 11 relating to recycling. The Planning Commission directed staff to work with the City Attorney to prepare a draft ordinance. On March 9, 2010, staff presented the draft ordinance to the Conservation Commission. The Conservation Commission voted 5-0 and recommended to move the proposed code amendment to the Planning Commission. On March 16,2010, staff presented the proposed code amendment to the Chamber of Commerce Government Committee. The committee was pleased that the proposed code amendment would apply to new construction only. The Planning Commission voted 6-0 to recommend approval of the code amendment at the April 26, 2010 meeting. There were no comments from the audience. MOTION: Aho moved, seconded by Case, to close the public hearing and to approve first reading of the ordinance amending City Code Chapter 5, Section 5.36, CITY COUNCIL MINUTES May 18,2010 Page 6 Chapter 9, Section 9.01 and Chapter 11, Section 11.03. Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Duckstad moved, seconded by Aho, to approve the Payment of Claims as submitted. Motion was approved on a roll call vote,with Aho, Case,Duckstad,Nelson and Young voting "aye." XI. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE THAT RENAMES CHARLSON ROAD TO ROBINSON WAY Neal said at the April 20, 2010 meeting, Council directed staff to prepare an agenda item to change the name of Charlson Road in response to the request from C. H. Robinson. Staff has conferred with C. H. Robinson and they wish to name the road Robinson Way and have agreed to pay the costs associated with the name change, including labor and materials to replace the street signs. If the first reading is approved, the second reading of the ordinance will be scheduled for June 15, 2010. Duckstad said at the last meeting he indicated that when it came to changes of road names he strongly favored tradition. He said after listening to the comments tonight he can't help but be struck that Mr. Charlson has a significant past in the City. He said he was not persuaded we should make the change, and in fact he thought the name ought to remain the same as it is. Case thanked Ms Freeman for her comments during the open forum. He said the Council Members have all expressed the tremendous value of C. H. Robinson to the City. The issue for him has always been the process of changing street names and the question brought up over this issue about what makes something historically significant. He thought we probably should have asked for a continuance at the last meeting to get a report back to the Council, but in the meantime he brought himself up to speed about Lynn Charlson. He said he agrees with Council Member Duckstad that we should not change the name. He is really concerned that the City not be faced with this situation again. Nelson said, after reading everything people wrote and listening to everything presented, she has come to the conclusion we need an overall process for changing road names. She thought we should have one of our commissions look into this. She was not convinced the name, Charlson Road, should be changed,but she would like to have City staff look to see if there isn't some way for C. H. Robinson to put in a road just to the north of the building that could be named Robinson Way. The cost would be more than changing signs, but in the long run it might provide them with the name change they desire and a comprehensive and cohesive campus. She thought we could work with C. H. Robinson to achieve their objectives because they are a significant force for the community, as was Mr. Charlson. She hoped we can put together a clearer process about how we might move to this in the future and also maybe get some more historical names from developers. CITY COUNCIL MINUTES May 18,2010 Page 7 Aho said he appreciates the contributions C. H. Robinson makes to our community, both in terms of providing jobs to our residents and worldwide. He thought it is significant to have the name and address of corporate headquarters reflect the name of the company, but given the significance of Mr. Charlson in the community we should retain the name of Charlson Road and look for an alternative that would provide the same goal for C. H. Robinson. He thought the alternative solution may be something along the lines of Council Member Nelson's suggestion. Young said he apologized to C. H. Robinson for letting this go so far in a certain direction before we had this discussion. He asked Mr. Rosow how we would proceed, given the general consensus to not change the name. Rosow said the matter dies for lack of a motion or second if no motion is made. B. RESOLUTION 2010-40 ADDRESSING CONCERNS WITH LIGHT RAIL TRANSIT Neal said this is the item the Council reviewed at the last workshop when the Council directed staff to prepare a resolution expressing the City's concerns on behalf of some of the businesses located along the Technology Drive corridor. He said we have briefed the Chamber and several of the businesses that expressed their concerns in writing on this matter, and they have given it their vote of approval. MOTION: Nelson moved, seconded by Aho, to adopt Resolution 2010-40 addressing Eden Prairie Chamber of Commerce and business concerns with Light Rail Transit. Motion carried 5-0. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Issue of Historically Significant Names—Council Member Case Case said he would like to have staff check the possibility of having the HPC look into the road name issue and come up with a couple of thoughts. He suggested we might develop a way of sending the issue to the HPC initially so they could check out the historical significance of the current name as well as the new one. He would also like to have the HPC discuss what historical significance means, because it is clear that it could be more contemporary than something or someone from the 1800's. 2. Arts in the Park Event—Council Member Case Case said he attended the Arts in the Park Event recently and thought it was an amazing sight to have it in the Purgatory Creek Park. There were 20 or CITY COUNCIL MINUTES May 18,2010 Page 8 30 vendors participating in the event. He thanked those responsible for organizing the event. Nelson said it was a very nice event and Purgatory Creek Park is a good location for it. B. REPORT OF CITY MANAGER 1. Summer Council Meeting Schedule Neal said after tonight we go into our summer schedule with meetings scheduled for June 15, July 20 and August 17. He noted there is the large celebration scheduled for the July 4th event, and August 3 will likely be Eden Prairie's Night to Unite event in which the Council Members have been involved in previous years. He said the Council's approving the schedule at the beginning of the year allows staff to do some advance scheduling, so he did not anticipate the need for special meetings. 2. International Visitors Neal said on Monday, May 24 there will be a small group from East Africa here with the Rotary Club on a group study exchange touring the City. They will have a lunch with City and school officials and Rotary Club members on Monday at 11:30 AM. He said Council Members are welcome to join the group for lunch, but he asked they let him know as soon as possible if they plan to attend. Neal said a group from Lodi, China will be here during the first week of July. They will be in the Minneapolis area and in Eden Prairie on July 6 and 7. The Chamber of Commerce is handling the details, so he didn't have an agenda for this event. There will be an opportunity for Council Member involvement in that, and he will keep Council Members advised as plans are made. 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 1. Joint Airport Zoning Board Ordinance and Indemnification & Cooperation Agreement CITY COUNCIL MINUTES May 18,2010 Page 9 Rosow said there are some considerations with respect to matters raised by two documents that have arisen out of the Joint Airport Zoning Board (JAZB): the indemnification& cooperation agreement and the draft Flying Cloud Airport zoning ordinance. He was asked to review both documents, and he made recommendations about the documents in his May 13 memo to the Mayor and City Council. He said the indemnification agreement summarizes the main issues in both documents. It states a city employee will be the zoning administrator. If the City chooses to not appoint someone, then the MAC will be the zoning administration. He said he recommends the City inform the MAC they will not appoint a zoning administrator because zoning for this ordinance is particularly within the expertise of MAC to regulate matters relating to airport safety. He said his recommendation has created some controversy at MAC. The question was raised as to why not just let the default remain; however, he thought we need to be up front with the MAC because the issue is obviously important to the MAC. He thought it is important to have that discussion, although we may want to see the final ordinance before taking a position. He has discussed this with Mr. Neal, Ms Jeremiah and her staff and his recommendation is we don't do this. Rosow said regarding the second item on the indemnification agreement the City has always said we want to be indemnified for any liability we might incur. The indemnification is contingent on adopting the JAZB zoning ordinance and adopting it as part of the City's comprehensive plan. There is nothing in the statute that requires the City to do this as part of the City zoning or the comprehensive plan. The JAZB is authorized by statute and is empowered to adopt an ordinance. He recommended that part be deleted from the agreement. He said the indemnification agreement also identifies a number of provisions under which the City will not be indemnified. Several of those are at the discretion and judgment of the MAC. He thought there was a reasonable alternative to the provisions they suggested. Rosow said his recommendation is that the statutory indemnification provision be substituted for what the MAC has in the agreement now. Rosow noted his fifth point with respect to indemnification is regarding the notice period. They put in a 21 day notice period. As was commented tonight, the Council has only one meeting in June and one in July, and he just wanted a reasonable period of time and to not define it so exactly. He said his last point has to do with the four reasons for which the MAC may unilaterally terminate its defense and indemnification. Three of the points are within the purview of the MAC and their discretion, and the fourth one is that a court would determine the claim is not the type for which indemnification is required. His recommendation is that the Council takes the position only the fourth reason is a reason for MAC to terminate it, and that we have an impartial arbitrator determine if it should be revoked. Rosow said there are a number of items of definition he recommended be conformed to our ordinance. There are some questions about where their CITY COUNCIL MINUTES May 18,2010 Page 10 authority for this comes from. He reviewed the statute thoroughly, and there are a few things that don't come from statute. He recommended we enter into discussions about this rather than their just handing it to us. Some items in the ordinance would cause expense, and he wanted the ordinance to clearly identify that those matters would be taken care of by the MAC. There is a provision with respect to variances that does not track to statutes, and he recommended the City request we track the statute or provide an explanation why it is not appropriate. Rosow said there is the zoning administrator provision that he already discussed, and there is a section on appeals. He recommended the section on appeal from a decision of the Board be conformed to the statute to allow an appeal from a decision by the Commissioner of Transportation. He said Mr.Neal has discussed Mr. Rosow's memo with the Deputy Director of the MAC, and it was sent it to legal counsel for the MAC last week. He noted we need to deal with them in an above board manner and have good discussions about this. Duckstad asked if the MAC would still have jurisdiction even if Eden Prairie established a zoning administrator and that individual did anything at all. Rosow said the ordinance is set up so that if we don't appoint a zoning administrator, then the Executive Director of the MAC is the zoning administrator. If a property owner appeals a decision, they appeal to a Board of Appeals that is appointed by the MAC. Duckstad said he was in agreement with Mr. Rosow's recommendation and would accept it as stated. Case said he was not in favor of this zoning board from day one, but as we are part of the group he would defer to Mr. Rosow's recommendations. He asked what the downside is if we were to not agree with the agreement. Rosow said at this point we are part of it, and,unless the agreement is changed or a compromise reached, we won't have a written indemnification from the MAC. Rosow said the MAC has informed him they have a lawsuit relating to MSP Airport going on now at the Court of Appeals, so there is some potential liability. He didn't know how great the liability would be for a member city if the MAC were making the decision. If the Council just does not approve the agreement, we don't get the indemnification. The other option he thought about was to formally withdraw from the JAZB, but there is no procedure for that. Case asked why there is a separate paragraph about indemnification for Rick King. Rosow said he was appointed by the Board and not by the MAC or the City. Aho said he appreciated the City Attorney's looking into this, and he thought these are prudent recommendations. He would like to accept the recommendations and try to achieve the indemnification. He said it would be up to Council Member Duckstad and himself to push for achieving that CITY COUNCIL MINUTES May 18,2010 Page 11 indemnification because they sit on the JAZB. He said they will do that on behalf of the City. Neal said it would be fair to communicate what the MAC officials have told staff are their reasons for our assuming the zoning administration position. They believe if the City is the zoning administrator, it would serve residents and business owners better. It would provide a one-stop shop in terms of development rights or questions regarding real estate development. We might have opportunities to have some input on what they need to do here at City Hall. However, he has discussed this position with Mr. Rosow, and he would concur with Mr. Rosow's recommendation. Duckstad asked what the status is, in light of our conversations with the MAC. Rosow said at this point we have not had substantive discussions with them about the agreement or the ordinance. This is the first step and it was incumbent on him to find out the Council's will on what should be done. If the Council agrees, we will need to engage the MAC and Council Members Aho and Duckstad could bring that discussion with the other members of the Board. We will need substantive discussions on the Board as well as between the cities and the MAC to arrive at a solution. He said the discussions should be open and up front because we have made such an effort to have good relations with the MAC. They have their interests they are trying to protect, as do we, but we need to get the ball rolling on those discussions. Nelson thought we do need to have these discussions. She said her main concern as a Council Member is for the needs of the people of Eden Prairie when it comes to this. Too often the people who live around the airport get forgotten, and she wanted to make sure we do what we can to ensure that doesn't happen. Neal said the purpose of raising this tonight was to be able to answer the question from the MAC of what the City thinks about this. That is what the recommendation is about and what the motion is about. MOTION: Aho moved, seconded by Nelson, to adopt recommendations of the City Attorney, as amended by Council, with respect to the draft Joint Airport Zoning Board(JAZB) Ordinance and Indemnification and Cooperation Agreement. Regarding the principle of indemnification, Duckstad asked why the MAC should be able to dictate to us circumstances as to when we are justified to some measure of indemnification. The law ultimately exists that pertains to indemnification, and that decision would get determined by a court if a dispute arose. VOTE ON THE MOTION: Motion carried 5-0. CITY COUNCIL MINUTES May 18,2010 Page 12 XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Case moved, seconded by Nelson, to adjourn the meeting. Motion carried 5- 0. Mayor Young adjourned the meeting at 8:21 PM. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 15, 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: HEART, Inc. Place: Olympic Hills Golf Club Date: August 16, 2010 Organization: Angel Foundation Place: Olympic Hills Golf Club Date: July 26, 2010 Amendment to Liquor License 2AM Closing Permit- Renewal Eden Prairie Jakes Inc DBA: Jake's City Grille Redstone American Grill Inc DBA: Redstone American Grill - 1 - CITY COUNCIL AGENDA DATE: June 15, 2010 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.B. Community Development/Planning Code Amendment- Sections 5,9, 11 Janet Jeremiah/Regina Herron Recycling Requested Action Move to: • Approve 2 nd Reading o f t he 0 rdinance relating to recycling a t commercial e stablishments including collection and enclosure plans. • Adopt Resolution Approving the Summary of Ordinance and Ordering the publication of said summary. Synopsis This is final approval of the ordinance relating to recycling. The City Council approved 1st reading of the ordinance on May 18, 2010. Attachments 1. Ordinance 2. Resolution and Summary Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 10-2010 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 5, SECTION 5.36 REGARDING LICENSING OF COLLECTORS OF SOLID, RECYCLABLE AND/OR YARD WASTE; AMENDING CITY CODE CHAPTER 9, SECTION 9.01 REGARDING STORAGE, DEPOSIT AND COLLECTION OF REFUSE, YARD WASTE, RECYCLABLE WASTE AND SOLID WASTE; AMENDING CITY CODE CHAPTER 11, SECTION 11.03 REGARDING ESTABLISHMENT OF DISTRICT, SPECIAL REQUIREMENTS AND PERFORMANCE STANDARDS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTIONS 5.99, 9.99 AND 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. The City Council of the City of Eden Prairie, Minnesota, ordains: Section 1. Code Chapter 5, Section 5.36 Subd. 6.F. is amended by inserting as a new subparagraph 4 "4. Number of Commercial Establishments with recycling service." Section 2. Code Chapter 5, Section 5.36 Subd. 6.F.4. is renumbered to Subd. 6.F.5. Section 3. Code C hapter 5, S ection 5.36, S ubd. 6. J . is amended b y inserting th e words "and Commercial Establishments" after the word"Residential". Section 4. Code Chapter 9, Section 9.01 Subd. 4. is amended by changing the title to "Recyclable Waste Collection—Multiple Family". Section 5. Code Chapter 9, Section 9.01 i s amended b y inserting a new Subd. 5 as follows and by renumbering existing subdivisions 5, 6, 7, 8 and 9 as 6, 7, 8, 9, and 10 accordingly. Subd. 5. Recyclable Waste Collection-- OFC, I-2, I-5, I-Gen, C-Com, N-Com, C- Reg, C-Reg-Ser, C-Hwy, TC. T his S ubdivision i s applicable to all properties which have b een i ssued a building permit for new construction a fter the effective date of the ordinance. Owners, Associations or of her m anagement e ntities for properties 1 ocated within the OFC, I-2, I-5, I-Gen, C-Com, N-Com, C-Reg, C-Reg-Ser, C-Hwy, TC zoning districts shall provide to all occupants services for the Collection of Recyclable Waste which accumulates on the premises in accordance with the following provisions: A. Schedule. Collection s ervices must be available on t he pr emises and must b e provided on a regularly-scheduled basis. The Owner, Association or management entity may pr ovide t he C ollection s ervices or may utilize a p erson 1 icensed pursuant to City Code Section 5.36. B. Recycling Information Required. T he Owner, A ssociation or m anagement entity of all properties zoned OFC, I-2, I-5, I-Gen, C-Com, N-Com, C-Reg, C- Reg-Ser, C-Hwy, TC s hall provide notice to the occupants of each unit which provides information on the availability o f Collection services, clearly describes and lists the procedures required to prepare the Recyclable Waste for Collection, and identifies the dates and times of Collection. C. Container Requirements. The Owner, Association or management entity of all properties zoned OFC, I-2, I-5, I-Gen, C-Com, N-Corn, C-Reg, C-Reg-Ser, C- Hwy, T C s hall p rovide containers for the C ollection of R ecyclable W aste and shall maintain the c ontainers in a c lean and s anitary condition. T he containers shall be sufficient in number and size to meet the demands for recycling services created by the owners or tenants. The Owner, Association or management entity shall r eplace s tolen or br oken c ontainers and pu rchase a dditional c ontainers a s needed. C ontainers shall be placed in a location on the premises which permits access for Collection purposes but which does not obstruct pedestrian or vehicular traffic and must comply with City Code Section 11.03, Subd. 3, L. D. Transportation and Disposal. U pon C ollection R ecyclable W astes s hall b e delivered to a r ecyclable m aterial p rocessing center, an end m arket for s ale o r reuse, or to an intermediate C ollection center for 1 ater delivery to a p rocessing center or end market. It is unlawful for any person to transport for disposal or to dispose of Recyclable Waste in a solid waste disposal facility. Recyclable Wastes must be transported in a c overed vehicle s o that the r ecyclables do not drop or blow onto any public or private property during transport. Section 6. Code Chapter 11, Section 11.03, S ubd. 3 is amended by inserting a new subparagraph M, which follows M. Trash and Recycling. Implementation of a trash enclosure plan shall be required prior to issuance of any occupancy permit for a property located in zoning districts OFC, I-2, I-5, I-Gen, C-Corn, N-Com, C-Reg, C-Reg-Ser, C-Hwy, and TC. This Section 11.03 Subd. 3, M is applicable to applicable to all properties which have been issued a building permit for new construction after the effective date of the ordinance. 1. Trash and Recycling Enclosure: All recyclable waste shall be kept within a completely enclosed building or within a trash enclosure constructed with face brick or natural stone to match the building with solid wood or metal gates that completely screen the interior of the enclosure. 2. Trash and Recycling Location: All trash, trash receptacles and recycling bins shall meet the setbacks for the underlying zoning district. Section 7. City C ode C hapter 1 e ntitled" General P rovisions a nd D efinitions Applicable to the Entire City Code Including Penalty For Violation" and Sections 5.99, 9.99 a nd 11.99 e ntitled"Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 8. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 18th day o f May, 2010, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 15th day of June, 2010. Kathleen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie News on the day of , 2010. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2010- A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. 10-2010 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance N o. 10-2010 was a dopted and or dered published at a r egular meeting of the City Council of the City of Eden Prairie held on the 15th day of June, 2010. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNSEL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: A. Ordinance No. 10-2010 is lengthy. B. The text of summary of Ordinance No. 10-2010, attached hereto a s Exhibit A, conforms to M.S. § 331A .01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. C. The title and summary shall be published once in the Eden Prairie News in a body type no smaller than brevier or eight-point type. D. A printed copy of the Ordinance shall be made available for inspection by any person, during regular office hours, at the office of the City Clerk, and a copy of the entire text of the Ordinance shall be posted in the City offices. E. Ordinance 10-2010 shall be recorded in the Ordinance Book, along with proof of publication, within twenty(20) days after said publication. ADOPTED by the City Council on June 15, 2010. Phil Young, Mayor (Seal) ATTEST: Kathleen Porta, City Clerk EXHIBIT A CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE 10-2010 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 5, SECTION 5.36 REGARDING LICENSING OF COLLECTORS OF SOLID, RECYCLABLE AND/OR YARD WASTE; AMENDING CITY CODE CHAPTER 9, SECTION 9.01 REGARDING STORAGE, DEPOSIT AND COLLECTION OF REFUSE, YARD WASTE, RECYCLABLE WASTE AND SOLID WASTE; AMENDING CITY CODE CHAPTER 11, SECTION 11.03 REGARDING ESTABLISHMENT OF DISTRICT, SPECIAL REQUIREMENTS AND PERFORMANCE STANDARDS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTIONS 5.99, 9.99 AND 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance amends Chapter 5, Section 5.36 of the City Code to require recycling services at commercial establishments; am ends C hapter 9, S ection 9.01 t o require recyclable waste collection in commercial districts; and amends Chapter 11, S ection 11.03 to require trash enclosure plans. Effective Date: This Ordinance shall take effect upon passage and publication. ATTEST: Kathleen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie News on . (A full copy of the text of this Ordinance is available from City Clerk.) CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 15, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: LC. 01-5549 Rodney W. Rue Approve the Design-Build Master Utility ITEM NO.: VIII.C. Public Works/Engineering Agreement with MnDOT for the TH 169/I- 494 Interchange Project Requested Action Move to: Adopt resolution approving the Design-Build Master Utility Agreement(MUA)with MnDOT for the TH 169/1-494 Interchange Project, I.C. 01-5549. Synopsis This agreement defines the design,construction,inspection,and procedural aspects of any existing or proposed City-owned utilities within the project limits. This is a three-party agreement between MnDOT, the City of Eden Prairie (utility owner) and the Design-Build contractor, which defines responsibilities of each party. The City may have financial obligation for some of the utility relocation costs which would be financed by the Utility Fund. However,based on MnDOT's and Federal Highway Administration's Policies regarding utility relocation costs for Trunk Highway and Interstate projects, it is expected that all utility relocation costs will be covered by MnDOT or Federal funds. This agreement also allows for reimbursement of city inspection costs up to $20,000.00. Background Information This MnDOT project was given layout approval / municipal consent by the Eden Prairie City Council on December 19, 2006 and acknowledgement of the phased layout improvements and modifications on March 23,2010. It's anticipated that the design-build proposals will be opened and a contract awarded in the fall of 2010. Construction should begin in the spring of 2011. Attachments • Resolution • Due to the size of the TH 169 Design-Build Project Master Utility Agreement(71 pages),we are not including the Agreement in the Council packet. The City Attorney has reviewed the Agreement. A copy of the Agreement is available in the City Engineer's Office or via e- mail. CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2010- APPROVE THE DESIGN-BUILD MASTER UTILITY AGREEMENT FOR THE TH 169/I-494 INTERCHANGE PROJECT (I.C. 01-5549) WHEREAS, the Minnesota Department of Transportation (MnDOT) is proposing to reconstruct the TH 169/I-494 interchange within the cities of Eden Prairie,Bloomington and Edina; and WHEREAS, the City of Eden Prairie has given layout approval / municipal consent of said improvements; and WHEREAS, the Minnesota Department of Transportation (MnDOT) has prepared a Design-Build Master Utility Agreement (MUA) No. 96262 that identifies ownership, design, construction, inspection, and procedural responsibilities for the city-owned utilities impacted by said TH 169 project. NOW, THEREFORE, BE IT RESOLVED by City Council of the City of Eden Prairie that said Design-Build Master Utility Agreement No. 96262 for State Project No. 2776-03 (T.H. 169) is hereby approved and the Mayor and City Manager are authorized to execute the Agreement on behalf of the City of Eden Prairie. ADOPTED by the Eden Prairie City Council on June 15, 2010. Phil Young, Mayor ATTEST: SEAL Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda June 15, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 10-5772 ITEM NO.: VIII.D. Leslie Stovring Award Contract for Riverview Road Public Works/Environmental Pond Repair Project Services Requested Action Move to: Award contract for the Riverview Road Pond Repair Project to G. F. Jedlicki in the amount of$158,536.50. Synopsis Bids were received on Monday, June 7, 2010 for the Riverview Road Pond Repair Project within Lower Minnesota River Watershed District(LMRWD). Five bids were received and evaluated. Attachment 1 includes a bid table itemizing the project bids. G.F. Jedlicki was the low bidder at an amount of $158,536.50 (20%below the Engineer's Estimate o f$ 197,549). C osts for the project will be paid out of the stormwater utility fund. Background Information The City Council signed a Schedule of Compliance (SOC) with the MPCA on January 19, 2010. Final design plans were submitted to the MPCA in March 2010 and approved on April 7, 2010. The project includes two areas located south of Riverview Road and includes: • Repair of a stilling basin located on a City outlot just west of Purgatory Creek. The project will a lso in clude r epair o fan e rosion g ully le ading from th e s tilling b asin to th e creek, including piping of groundwater seepage and stormwater runoff to Purgatory Creek to avoid future erosion through this area. • Repair of a floodplain pond that has partially washed into the Minnesota River. The project will in clude r epair o f 0 ld R iverview R oad and s tabilization of a n e rosion gully t hat ha s formed through the c enter of the remaining pond. Stormwater runoff will be piped t o the Minnesota R iver t o avoid f uture erosion of t he pond. F uture r estoration of t he 1 ost stormwater treatment capacity will be either through replacement in another location in the City or in the same location after LMRWD completes the bank stabilization project proposed just west of this location. Five bids w ere received. The 1 ow bi d for the project was from G. F. J edlicki with a bi d of $158,536.50 or about 80% of the engineer's estimated cost for the project of $197,549. Staff recommends award of the contract to G. F. Jedlicki. Attachments Attachment 1 -Recommendation of Award and Bid Summary 1171 • I Engineering Surveying " -Landscape Architecture June 7,2010 Ms. Leslie Stovring City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Re: Construction Bids for Riverview Road Stormwater Repairs I.C. 10-5772 Dear Ms.Stovring, Bids were received and opened at 2:00 p.m. on Monday June 7, 2010 for the above referenced project. The bids are shown on the attached Summary of Bids. The Engineer's preliminary and final estimates for this project are $197,549.00 and $240,655.00 respectively. The low bidder, G.F. Jedlicki, Inc., came in below both the preliminary and final estimates with a bid of $156,605.50. Recommendation is made that the City Council awards I.C. 10-5772 to G.F. Jedlicki, Inc. in the amount of $156,605.50. This recommendation considers that the City Council reserves the right to waive minor irregularities and further reserves the right to award the contract in the best interests of the City. Respectfully, Hansen Thorp Pellinen Olson, Inc. je4.4 `N_ Laurie A.Johnson, P.E. 7510 Market Place Drive Eden Prairie, MN 55344 Enclosures 952-829-0700 952,829-7806 fax www.htpa.com HANSEN THORP PELLINEN OLSON, INC. SUMMARY OF BIDS City of Eden Prairie I.C. 10-5772 DESCRIPTION: Riverview Road Stormwater Repairs BID OPENED: June 7, 2010 CONSULTING ENGINEER: Hansen Thorp Pellinen Olson, Inc. CHECKED BY: Hansen Thorp Pellinen Olson, Inc. Bidder Bid Security Total Bid G.F. Jedlicki, Inc. Yes $156,605.50 Minger Construction, Inc. Yes $246,192.20 Stocker Excavating, Inc. Yes $412,942.90 Sunram Construction, Inc. Yes $247,398.75 Veit& Company, Inc. Yes $212,834.00 Bid Tabulation 6-7-2010 Riverview Road Stormwater Repairs City of Eden Prairie I.C. #10-5772 WATER BODY 35-23-A Engineer's Estimate G.F.Jedlicki,Inc. Veit&Company Minger Construction,Inc. Sunram Construction,Inc. Stocker Excavating,Inc. ITEM UNIT UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL TOTAL No. ITEM QTY UNIT PRICE PRICE PRICE PRICE PRICE PRICE 1 Mobilization 1 Lump Sum $3,500.00 $3,500.00 $800.00 $800.00 $7,400.00 $7,400.00 $15,650.00 $15,650.00 $6,500.00 $6,500.00 $21,632.00 $21,632.00 2 Clearing and Grubbing 1 Lump Sum $1,500.00 $1,500.00 $6,300.00 $6,300.00 $720.00 $720.00 $6,790.00 $6,790.00 $7,400.00 $7,400.00 $12,480.00 $12,480.00 3 Remove Storm Sewei 16 Lin.Ft. $5.00 $80.00 $5.00 $80.00 $38.00 $608.00 $14.80 $236.80 $15.00 $240.00 $14.40 $230.40 4 Street Sweeping 5 Hour $110.00 $550.00 $90.00 $450.00 $120.00 $600.00 $135.00 $675.00 $120.00 $600.00 $124.80 $624.00 5 Clay Borrow(LV) 575 Cu.Yd. $15.00 $8,625.00 $7.00 $4,025.00 $12.25 $7,043.75 $17.45 $10,033.75 $16.80 $9,660.00 $50.80 $29,210.00 6 Common Excavtion 320 Cu.Yd. $12.00 $3,840.00 $3.00 $960.00 $9.70 $3,104.00 $11.20 $3,584.00 $11.00 $3,520.00 $27.90 $8,928.00 7 Clean Sand(LV) 800 Cu.Yd. $24.00 $19,200.00 $8.00 $6,400.00 $15.00 $12,000.00 $18.80 $15,040.00 $22.95 $18,360.00 $31.60 $25,280.00 8 Granular Borrow(LV) 1,430 Cu.Yd. $21.00 $30,030.00 $1.00 $1,430.00 $14.00 $20,020.00 $18.80 $26,884.00 $22.95 $32,818.50 $31.60 $45,188.00 9 3-4 inch Clear Crushed Limestone 184 Cu.Yd. $30.00 $5,520.00 $35.00 $6,440.00 $50.25 $9,246.00 $46.10 $8,482.40 $64.70 $11,904.80 $38.30 $7,047.20 10 CL 5 Aggregate Modified 225 Ton $20.00 $4,500.00 $20.00 $4,500.00 $22.50 $5,062.50 $21.95 $4,938.75 $24.80 $5,580.00 $38.30 $8,617.50 11 Adjust Existing Catch Basin 3 Each $200.00 $600.00 $200.00 $600.00 $445.00 $1,335.00 $260.00 $780.00 $375.00 $1,125.00 $1,020.00 $3,060.00 12 72"Catch Basin w/Frame&Casting 1 Each $12,000.00 _ $12,000.00 $3,800.00 $3,800.00 $6,080.00 $6,080.00 $6,090.00 $6,090.00 $8,240.00 $8,240.00 $9,921.20 $9,921.20 13 48"HDPE Storm Pipe(13'Sections) 172 Lin.Ft. $75.00 $12,900.00 $68.00 $11,696.00 $95.50 $16,426.00 $86.20 $14,826.40 $66.40 $11,420.80 $48.90 $8,410.80 14 Random Riprap CL IV 200 Cu.Yd. $70.00 $14,000.00 $71.00 $14,200.00 $62.00 $12,400.00 $99.70 $19,940.00 $95.15 $19,030.00 $62.10 $12,420.00 15 Granular Filter Blanket(LV) 100 Cu.Yd. $30.00 $3,000.00 $30.00 $3,000.00 $16.00 $1,600.00 $11.15 $1,115.00 $49.90 $4,990.00 $36.30 $3,630.00 16 Topsoil Borrow(LV) 320 Cu.Yd. $20.00 $6,400.00 $10.00 $3,200.00 $9.80 $3,136.00 $17.90 $5,728.00 $23.40 $7,488.00 $39.40 $12,608.00 17 Seed(BWSR Mix R1)and Mulch 1500 Sq.Yd. $0.75 $1,125.00 $1.00 $1,500.00 $1.00 $1,500.00 $1.00 $1,500.00 $0.93 $1,395.00 $6.10 $9,150.00 18 Enkamat 7010 Turf Reinforcement Mat 400 Sq.Yd. $7.00 $2,800.00 $4.40 $1,760.00 $4.60 $1,840.00 $4.70 $1,880.00 $4.35 $1,740.00 $21.80 $8,720.00 w/Seed BWSR Mix U6 19 Wood Fiber Blanket,Category 1 (MnDOT 1340 Sq.Yd. $2.00 $2,680.00 $1.65 $2,211.00 $1.75 $2,345.00 $1.75 $2,345.00 $1.63 $2,184.20 $6.10 $8,174.00 3885)w/Seed BWSR Mix U6 20 Geoweb System(GW30V4) 390 Sq.Yd. $8.00 $3,120.00 $36.00 $14,040.00 $14.75 $5,752.50 $17.50 $6,825.00 $15.90 $6,201.00 $58.00 $22,620.00 21 Engineered Fill(LV) 45 Cu.Yd. $30.00 $1,350.00 $36.00 $1,620.00 $52.50 $2,362.50 $31.95 $1,437.75 $51.50 $2,317.50 $36.40 $1,638.00 22 Geotextile Fabric,Type IV(MnDOT 1100 Sq.Yd. $4.00 $4,400.00 $1.00 $1,100.00 $1.50 $1,650.00 $1.45 $1,595.00 $2.05 $2,255.00 $1.20 $1,320.00 23 Geotextile Fabric,Type VI(MnDOT 270 Sq.Yd. $5.00 $1,350.00 $1.00 $270.00 $3.80 $1,026.00 $4.15 $1,120.50 $4.35 $1,174.50 $2.90 $783.00 24 Traffic Control 1 Lump Sum $500.00 $500.00 $500.00 $500.00 $550.00 $550.00 $565.00 $565.00 $600.00 $600.00 $2,080.00 $2,080.00 25 Silt Fence 215 Lin.Ft. $5.00 $1,075.00 $2.50 $537.50 $2.60 $559.00 $2.65 $569.75 $2.90 $623.50 $5.10 $1,096.50 26 Floating Silt Curtain 65 Lin.Ft. $15.00 $975.00 $12.00 $780.00 $15.25 $991.25 $15.55 $1,010.75 $12.00 $780.00 $20.40 $1,326.00 27 Sediment Control Drop Inlet Hat 5 Each $250.00 $1,250.00 $100.00 $500.00 $180.00 $900.00 $140.00 $700.00 $250.00 $1,250.00 $255.00 $1,275.00 28 Construction Fence 50 Lin.Ft. $2.00 $100.00 $1.00 $50.00 $1.60 $80.00 $1.65 $82.50 $1.90 $95.00 $5.00 $250.00 Subtotal $146,970.00 $92,749.50 $126,337.50 $160,425.35 $169,492.80 $267,719.60 HTPO 09-008 STILLING BASIN 36-42-C Engineers Estimate G.F.Jedlicki,Inc. Veit&Company Minger Construction,Inc. Sunram Construction,Inc. Stocker Excavating,Inc. ITEM UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL No. ITEM QTY UNIT PRICE PRICE PRICE PRICE PRICE PRICE 1 Mobilization 1 Lump Sum $3,500.00 $3,500.00 $800.00 $800.00 $7,450.00 $7,450.00 $4,540.00 $4,540.00 $3,500.00 $3,500.00 $20,800.00 $20,800.00 2 Clear and Grub 0.5 Acre $5,000.00 $2,500.00 $8,100.00 $4,050.00 $7,200.00 $3,600.00 $9,055.00 $4,527.50 $9,200.00 $4,600.00 $3,500.00 $1,750.00 3 Pavement Removal(Includes Sawcut) 60 Sq.Yd. $5.00 $300.00 $5.00 $300.00 $8.25 $495.00 $9.10 $546.00 $5.00 $300.00 $5.00 $300.00 4 Remove Storm Sewei 97 Lin.Ft. $5.00 $485.00 $5.00 $485.00 $13.25 $1,285.25 $10.80 $1,047.60 $12.00 $1,164.00 $9.20 $892.40 5 Reconstruct Storm Structure 1 Each $1,500.00 $1,500.00 $500.00 $500.00 $1,525.00 $1,525.00 $440.00 $440.00 $500.00 $500.00 $2,080.00 $2,080.00 6 Rock Construction Entrance 1 Each $1,000.00 $1,000.00 $500.00 $500.00 $1,450.00 $1,450.00 $500.00 $500.00 $800.00 $800.00 $1,800.00 $1,800.00 7 Street Sweeping 5 Hour $110.00 $550.00 $100.00 $500.00 $120.00 $600.00 $135.00 $675.00 $120.00 $600.00 $120.00 $600.00 8 Common Borrow(LV) 100 Cu.Yd. $20.00 $2,000.00 $10.00 $1,000.00 $31.00 $3,100.00 $16.30 $1,630.00 $22.90 $2,290.00 $51.60 $5,160.00 Bituminous Roadway Replacement 9 (Includes Aggregate Base 60 Sq.Yd. $75.00 $4,500.00 $1.00 $60.00 $63.00 $3,780.00 $67.10 $4,026.00 $62.50 $3,750.00 $50.40 $3,024.00 10 CL 5 Aggregate along Access Drive 125 Ton $20.00 $2,500.00 $20.00 $2,500.00 $20.25 $2,531.25 $21.50 $2,687.50 $19.70 $2,462.50 $24.20 $3,025.00 11 27"Catch Basin w/Frame&Casting 1 Each $2,000.00 $2,000.00 $1,700.00 $1,700.00 $1,271.00 $1,271.00 $1,120.00 $1,120.00 $1,960.00 $1,960.00 $1,363.90 $1,363.90 12 48"Catch Basin w/Frame&Casting 2 Each $3,000.00 $6,000.00 $1,900.00 $3,800.00 $2,493.00 $4,986.00 $2,035.00 $4,070.00 $2,560.00 $5,120.00 $1,786.30 $3,572.60 13 6"Perforated Pipe 120 Lin.Ft. $12.00 $1,440.00 $15.00 $1,800.00 $13.85 $1,662.00 $7.80 $936.00 $10.80 $1,296.00 $15.80 $1,896.00 14 12"HDPE Storm Pipe 43 Lin.Ft. $30.00 $1,290.00 $20.00 $860.00 $39.00 $1,677.00 $24.35 $1,047.05 $20.55 $883.65 $25.40 $1,092.20 15 24"HDPE Storm Pipe 136 Lin.Ft. $45.00 $6,120.00 $26.00 $3,536.00 $48.50 $6,596.00 $47.65 $6,480.40 $27.10 $3,685.60 $42.10 $5,725.60 16 21"RCP CL IV Storm Pipe 54 Lin.Ft. $45.00 $2,430.00 $35.00 $1,890.00 $49.00 $2,646.00 $66.20 $3,574.80 $39.65 $2,141.10 $49.60 $2,678.40 17 30"RCP CL III Storm Pipe 85 Lin.Ft. $60.00 $5,100.00 $65.00 $5,525.00 $59.00 $5,015.00 $55.85 $4,747.25 $54.50 $4,632.50 $94.10 $7,998.50 30"RCP Flared End Section 18 w/Trashguard 1 Each $2,000.00 $2,000.00 $1,200.00 $1,200.00 $1,740.00 $1,740.00 $1,930.00 $1,930.00 $1,620.00 $1,620.00 $1,508.20 $1,508.20 19 Pipe Anchor 1 Each $1,000.00 $1,000.00 $1,300.00 $1,300.00 $2,808.00 $2,808.00 $1,140.00 $1,140.00 $2,080.00 $2,080.00 $1,018.40 $1,018.40 20 Pipe Bedding-Binder Stone 110 Ton $20.00 $2,200.00 $19.00 $2,090.00 $25.50 $2,805.00 $24.20 $2,662.00 $24.05 $2,645.50 $22.30 $2,453.00 21 Coarse Filter Aggregate MnDOT 3149.2H 27 Ton $20.00 $540.00 $35.00 $945.00 $40.00 $1,080.00 $41.75 $1,127.25 $25.80 $696.60 $30.80 $831.60 w/Geotextile Fabric,Type II 22 Random Riprap CL IV w/Geotextile 80 Cu.Yd. $70.00 $5,600.00 $80.00 $6,400.00 $62.00 $4,960.00 $98.55 $7,884.00 $88.00 $7,040.00 $104.80 $8,384.00 Fabric,Type IV 23 Topsoil Borrow(LV) 400 Cu.Yd. $20.00 $8,000.00 $10.00 $4,000.00 $9.80 $3,920.00 $17.90 $7,160.00 $23.50 $9,400.00 $27.20 $10,880.00 GreenArmor System 7020(Turf 24 Reinforcement Mat,Flexible Growth 1,100 Sq.Yd. $11.00 $12,100.00 $6.50 $7,150.00 $6.90 $7,590.00 $6.95 $7,645.00 $1.45 $1,595.00 $21.00 $23,100.00 Medium,&Seed BWSR Mix Rl) GreenArmor System 7020(Turf 25 Reinforcement Mat,Flexible Growth 1,250 Sq.Yd. $11.00 $13,750.00 $6.70 $8,375.00 $7.35 $9,187.50 $7.40 $9,250.00 $6.85 $8,562.50 $21.00 $26,250.00 Medium,&Seed BWSR Mix U6) 26 Traffic Control 1 Lump Sum $2,500.00 $2,500.00 $800.00 $800.00 $550.00 $550.00 $2,265.00 $2,265.00 $2,200.00 $2,200.00 $948.50 $948.50 27 Silt Fence 100 Lin.Ft. $5.00 $500.00 $2.50 $250.00 $2.60 $260.00 $2.65 $265.00 $2.85 $285.00 $2.90 $290.00 28 Flotation Silt Curtain 50 Lin.Ft. $15.00 $750.00 $12.00 $600.00 $13.25 $662.50 $13.55 $677.50 $12.00 $600.00 $23.50 $1,175.00 29 Sediment Control Drop Inlet Hat 3 Each $250.00 $750.00 $100.00 $300.00 $180.00 $540.00 $140.00 $420.00 $250.00 $750.00 $1,012.00 $3,036.00 30 Hale Bale Check Dam w/Snow Fence 100 Lin.Ft. $5.00 $500.00 $5.00 $500.00 $5.00 $500.00 $5.15 $515.00 $4.80 $480.00 $11.00 $1,100.00 31 Construction Fence 140 Lin.Ft. $2.00 $280.00 $1.00 $140.00 $1.60 $224.00 $1.65 $231.00 $1.90 $266.00 $3.50 $490.00 Subtotal $93,685.00 $63,856.00 $86,496.50 $85,766.85 $77,905.95 $145,223.30 Water Body 35-23-A Subtotal: $146,970.00 $92,749.50 $126,337.50 $160,425.35 $169,492.80 $267,719.60 Stilling Basin 36-42-C Subtotal: $93,685.00 $63,856.00 $86,496.50 $85,766.85 $77,905.95 $145,223.30 Total Bid: $240,655.00 $156,605.50 $212,834.00 $246,192.20 $247,398.75 $412,942.90 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 15, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 08-5717 ITEM NO.: VIII.E. Leslie Stowing Approve a Temporary Construction and Public Works/Engineering Maintenance Easement for a Creek Bank Stabilization Project on Riley Creek Requested Action Move to: Approve the Temporary Easement for C onstruction and Maintenance Purposes for the Riley Creek stabilization project and authorize the Mayor and City Manager to execute the Agreement. Synopsis The easement is required to obtain access to the project area located within MAC property that lies north of Eden Prairie Road. The section of Riley Creek(Reach F1-F2) will be stabilized and restored b y the C ity as part of the project out lined i n the Hennepin C ounty Grant A greement approved by the City Council on April 20, 2010. Background Information Reach F 1-F2 is a segment of Riley Creek that lies north of the intersection of Riley Creek and Eden P rairie R oad. There h as b een s ignificant d owncutting of the c reek banks i n t his area. Purgatory Creek is listed as impaired for turbidity by the State. This project is one that the City will undertake in an effort to remove the creek from the State's Impaired Water List. The City was awarded a grant from Hennepin County in the amount of$25,000 t o assist in stabilization and restoration of this section of Riley Creek during 2010. The Temporary Construction Easement will allow the City to continue maintenance within this area after c onstruction i s complete and t o help prevent further erosion towards the Minnesota River. The costs associated with obtaining the easement will be funded through the Stormwater Utility Fund. Attachment: • Temporary Easement for Construction and Maintenance Agreement DRAFT 4-26-10 TEMPORARY EASEMENT FOR CONSTRUCTION AND MAINTENANCE PURPOSES for the RILEY CREEK STABILIZATION PROJECT This temporary easement is granted this day of , 2010, by the Metropolitan Airports Commission, a public corporation under the laws of the State of Minnesota, ("Grantor"), to The City of Eden Prairie, Minnesota, a Minnesota municipal corporation ("Grantee"), in accordance with the conditions herein described. (1) Recitals. WHEREAS, Grantor owns and operates the Flying Cloud Airport ("Airport Property"), which lies within the City of Eden Prairie, Minnesota; WHEREAS, the Grantee has received a grant from Hennepin County to complete creek stabilization to a portion of Riley Creek west of Eden Prairie Road, on property owned by the Grantor, located in the City of Eden Prairie, County of Hennepin, State of Minnesota; WHEREAS, the Grantee has prepared plans and specifications for the construction of certain improvements; said plans and specifications are designated as Lower Riley Creek Stabilization Project Reach F 1-F2 Plans and Specifications("Plans and Specifications"); WHEREAS, the Grantee has requested a Temporary Easement for the proposed creek improvements which will be subject to restrictions because of its proximity to the Airport. The area of temporary easement is legally described on Exhibit A and graphically shown on Exhibit B (the "Temporary Easement Area"); WHEREAS, the Grantor has determined that the authorized uses under this Temporary Easement would not interfere with the Airport operations; NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, this temporary easement is granted to the Grantee for the purposes of allowing the construction and any on-going maintenance to occur. The requirements and conditions for the granting of the temporary easement are stated herein. (2) Temporary Easement. (a) Grantor hereby issues to the Grantee this temporary easement allowing the Grantee, and its employees, agents, and contractors, the temporary right of entry upon a certain portion of the Airport Property to alter the grade, modify side slopes and improve the stability of the Temporary Easement Area(the"Project"), all on the terms and conditions hereinafter set forth. 1 (b) The portion of the Airport Property over which this temporary easement is granted is described on Exhibit A and graphically shown on Exhibit B. The Temporary Easement Area contains approximately_1.66 acres. (c) The temporary easement is granted to the Grantee at no cost and for no other purpose than performing the construction activities described. Construction activities include, but are not limited to, surveying, staking, operation of construction equipment for grading work, tree removal, and restoration of all disturbed areas. It is understood that any and all required permits from other agencies will be obtained by the Grantee. (d) The temporary easement shall expire on June 30, 2011. Maintenance responsibilities associated with the conditions set forth below shall continue until vegetation is well established and the temporary easement area contains no erosion. (3) Conditions of the Temporary Easement. (a) The granting of this temporary easement shall not transfer to the Grantee any ownership interest in the Airport Property, and upon expiration of this Temporary Easement, the temporary rights of the Grantee shall cease, except for maintenance operations, if required, as described in 3(e f, g and h)below. (b) All construction costs associated with the Grantee's project shall be borne by the Grantee. It shall be the Grantee's responsibility to remove excess soil, remains from tree removals and all tree stumps from Airport Property. Grantee shall be responsible for removal or disposal required by federal, state or local law of hazardous materials encountered in the easement area as a result of Grantee's activities herein. No mining of Airport Property will be allowed. (c) The Grantee agrees to allow Grantor an opportunity to review and provide comments on the Plans and Specifications as a part of the design process. The Grantee agrees to oversee the construction and restoration of the Project to assure that all work is completed in accordance with the Plans and Specifications. Grantee shall ensure that the final grades and contours of the Temporary Easement Area shall extend and tie-off to match existing grades, and shall cause the final elevations in the Temporary Easement Area to be those set forth in the approved grading plans. (d) The Grantee shall provide notice to the Grantor at least forty-eight(48)hours prior to the start of construction, and provide Grantor a schedule for duration of construction events. Notification shall be made to Jeff Nawrocki, Airport Manager, at 612-919-4207. (e) The Grantee agrees to maintain the land under this Temporary Easement and all improvements thereon in a neat and clean condition and in good repair, keeping the Airport Property free from debris and erosion. The Grantee shall not suffer or permit any waste or nuisance on the Property and shall allow no illegal acts or conduct thereon or such as will constitute a nuisance. (f) Ongoing maintenance of the creek shall include, but not be limited to any necessary repairs and/or slope maintenance. Grantor shall not be responsible for any costs related to erosion or permitting issues resulting from the Grantee's work. (g) Ongoing maintenance of the Temporary Easement Area will be the responsibility of the Grantee, and shall consist of regular and periodic inspections to observe the hydraulic and operational status of the side slopes. Erosion shall be repaired immediately to prevent loss or deposit 2 of materials from/to the Airport Property. Maintenance of the creek areas shall not require additional permits from Grantor, however, the Grantee is required to notify Grantor at least forty-eight (48) hours prior to the start of any maintenance work, except in emergency situations. In the event of an emergency, the Grantee shall notify Grantor immediately and prior to entering the property. Notification shall be made to the Airport Manager, as listed in 3(d) above. (h) Prior to the termination date of this Temporary Easement, Grantor and Grantee shall inspect the Temporary Easement Area for restoration quality and indications of erosion. In the event that the Grantor and Grantee determine and agree that the Temporary Easement Area has been fully restored and erosion is no longer a concern for either party, this agreement shall terminate as defined in 2(d) above. Should erosion concerns or repair still exist at the time of inspection,the Grantee shall continue to be obligated to perform any specific duty or responsibility which is required under this easement that extends beyond the expiration term of this Temporary Easement. (i) This Temporary Easement cannot be transferred. (j) The Airport Property, including the portions of it legally described on Exhibit A, shall at all times be subject to regulations and restrictions imposed by the Federal Aviation Administration (FAA) including height of structures or other objects that might interfere with safe operations at the Flying Cloud Airport and Grantor may require the removal or modification of any above ground object or structure upon the Airport Property whether permanent or temporary, if Grantor believes that said object or structure violates applicable FAA regulations or interferes with the safe operation of the Flying Cloud Airport. (4) Insurance. The Grantee shall either (i) maintain insurance, with underwriters satisfactory to Grantor, a standard term policy or policies of insurance in amounts as hereinafter set out protecting both the Grantee and Grantor and its Commissioners, officers and employees against public liability and property damage, including products liability,or(ii)provide self-insurance providing equivalent protection. Such policy or policies shall be in the amount of statutory limits provided for by Minn. Stat. § 466.04, or as such statute may be amended or modified from time to time, which currently requires one million five hundred thousand dollars ($1,500,000) per accident or occurrence or five hundred thousand dollars ($500,000) per person. Such policy or policies shall provide for a minimum of ten (10) days written notice of cancellation. It is understood that the specified amounts of insurance in no way limit the liability of the Grantee to Grantor. The Grantee shall furnish a certificate of insurance using the most current ACORD form along with copies of endorsements required within from the insurance carrier or carriers showing such insurance to be in full force and effect during the term of this Agreement, or shall deposit copies of the policies, which give this coverage with Grantor, or provide evidence of self- insurance satisfactory to Grantor. All such policies shall name Grantor as additional insured by endorsement or terms and conditions of the policy or policies. The Grantee shall require its contractors performing construction work related to this Agreement to purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located insurance set forth below, providing protection from claims which may arise out of or result from the contractor's operations under this Agreement and for which contractor may be legally liable, whether such operations be by the contractor or by a subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: 3 (a) General Liability and Umbrella Insurance i. Grantee's Contractor shall maintain commercial general liability (CGL) on an occurrence form and, if necessary, commercial umbrella insurance with a limit of not less than $2,000,000 each occurrence and a general aggregate limit of not less than $4,000,000. The general aggregate limit shall apply separately to this project. ii. CGL insurance shall be written on ISO occurrence form CG 00 01 12 04 (or a substitute form providing equivalent coverage) and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury, advertising injury, contractual liability and Explosion, Collapse,Underground(XCU). iii. Grantee, its Architect/Engineer, its officers, agents and employees, as well as the Grantor, its Commissioners, officers and employees, shall be included as an additional insured by endorsement or terms and conditions of the policy or policies under the CGL for ongoing and completed operations, by endorsement (ISO Forms CG 20 10 07 04 and CG 20 37 07 04 or their equivalent) and under the commercial umbrella, if any. This insurance shall be primary and non-contributory by endorsement or terms and conditions of the policy or policies with respect to any other insurance or self-insurance programs afforded to Grantee and any insurance or self-insurance afforded to Grantor. There shall be no endorsement or modification of the CGL to make it excess over other available insurance. (b) Automobile and Umbrella Liability Insurance i. The Grantee's Contractor shall maintain Business Auto Coverage, ISO form CA 00 01 (1990 or later edition) and, if necessary, commercial umbrella liability insurance, with a limit of not less than$2,000,000 each accident. ii. Policy shall provide coverage for, without limitation, physical damage (comprehensive and collision), Liability, PIP, and UM/UIM with statutory limits, for any vehicle (including owned,hired, and non-owned). iii. The Grantee, officers, agents and employees, as well as the Grantor, its Commissioners, officers and employees, shall be included as an additional insured by endorsement or terms and conditions of the policy or policies, ISO Form CA 20 48 02 99 or equivalent. (c) Workers' Compensation and Employers Liability i. Workers' Compensation pursuant to Statute and shall contain a waiver or subrogation against the Grantor by endorsement or terms and conditions of the policy or policies. ii. Employers Liability with limits not less than $1,000,000 each accident for bodily injury by accident, $1,000,000 each employee for bodily injury by disease, $1,000,000 policy limit for bodily injury by disease. (d) Contractor Pollution Liability Contractor's Pollution Liability - $2,000,000 per occurrence or per claim written on an occurrence basis. Covered damages should include bodily injury, property damage, environmental damage, loss of use of property, governmental ordered cleanup costs, completed operations and defense including costs, charges and expenses incurred in the investigation, adjustment or defense of 4 claims for damages. The policy or policies shall not contain dust exclusion. Coverage shall also be provided for transport of waste and non-owned disposal sites, if contractor is disposing of waste. Contractual liability shall be included. Grantee, and their officers and employees, as well as the Grantor, its Commissioners, officers and employees, shall be named as Additional Insured by endorsement for ongoing and completed operations and a waiver of subrogation by endorsement will be provided in favor of the Grantee and Grantor. (e) Other Insurance Provisions i. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled or non-renewed, except after thirty (30) days' prior written notice,has been given at the following addresses: City of Eden Prairie Metropolitan Airports Commission Attn: _Leslie A. Stovring_ Attn: Insurance Risk Management 8080 Mitchell Road 6040 28th Avenue South Eden Prairie, MN 55344 Minneapolis,MN 55450 ii. In addition to notifying its insurer(s) in accordance with the policy, contractor shall provide prompt written notice (to the address above) as soon as reasonably possible of any accident or loss relating to work performed on behalf of the Grantee. Grantee shall notify the Grantor for the same. iii. Each policy shall be endorsed or by the terms and conditions of the policy or policies to state that the insurer agrees to waive all rights of subrogation against the Grantee and Grantor, its members, agents and employees, for losses arising out of the performance of this Agreement. iv. Insurance is to be placed with insurers with Best's rating of no less than A: VII. v. The Grantee's Contractor shall furnish the Grantor with certificates of insurance and with copies of endorsements or terms and conditions of the policy or policies evidencing coverage required by this article. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by the Grantor before work commences. Grantor is not obligated to review certificates or other evidence of insurance, or to advise the consultant of any deficiencies in such documents, and receipt thereof will not relieve the consultant from, nor be deemed a waiver of the Grantor's right to enforce, the terms of the consultant's obligations hereunder. The Grantor has the right to examine any policy required by this Agreement. (5) Indemnification. Grantee agrees to indemnify, hold harmless and defend Grantor, its Commissioners, its officers, directors, agents, and employees, from any claims, losses, costs, expenses, or damages resulting from the acts or omissions of their officers, agents, employees, contractors or subcontractors arising from Grantee's rights and responsibilities under this Temporary Agreement. (6) Compliance With Laws. The Grantee shall comply with all laws, ordinances, rules and regulations of the United 5 States of America, the State of Minnesota, or of agencies, departments or divisions of (including but not limited to the Riley Purgatory and/or Lower Minnesota River Watershed Districts), or of the Grantor relating to the lands under this Temporary Easement and the use thereof or relating to control of ground and air traffic, aircraft operations and the general use and operation of the Airport. Grantee shall provide evidence of compliance with such laws to the Grantor upon request of the Grantor. (7) Height. The Grantee expressly agrees for itself, its successors and assigns to restrict the height of structures, objects of natural growth, and other objects on the herein described real property to a height that will not constitute an obstruction as determined by the standards in Federal Aviation Regulation, Part 77. Further, the Grantee agrees that no lights will be permitted or installed on the Airport Property. (8) Flight Of Aircraft. The Grantee expressly agrees for itself, its successors and assigns to prevent any use of the herein-described real property which would interfere with or be a hazard to the flight of aircraft over the property or to and from the Airport or interfere with air navigation and communication facilities presently or in the future serving the Airport. Use of Airport Property hereunder and improvements made in furtherance of such use shall at all times comply with clearance requirements under FAA regulations and state zoning requirements. (9) Environmental Responsibilities. Grantee shall be responsible for and shall indemnify, defend and hold harmless the Grantor against any environmental costs associated with the Airport Property, including but not limited to liabilities, fines, damages, injuries, response costs or claims and attorney fees, and which arise out of or were caused by Grantee's actions, inactions or activities related to the Airport Property during the term of this Temporary Easement. Grantee's grant of indemnity contained within this Section shall survive the termination of this Temporary Easement and shall not be limited by statutory limits provided for by Minn. stat. 466.04, subd. 4, or as such statute may be amended or modified from time to time. (10) MAC Right Of Entry. Grantor shall at all times and through its agents and employees or contractors have a right of entry upon the lands under this Temporary Easement, as may be necessary in the development, maintenance, and operation of the Airport. (11) Without Prejudice. It is understood that the granting of this Temporary Easement and use of the Airport Property is conditioned upon and shall be without prejudice to the rights of the Grantor as owner and operator of the aforesaid public Airport of which the subject Airport Property constitute a part. (12) Civil Rights. The Grantee assures that it will comply with pertinent statutes, Executive Orders and such 6 rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from Federal assistance. This Provision obligates the Grantee for the period during which Federal assistance is extended to the airport program, except where Federal assistance is to provide, or is in the form of personal property or real property or interest therein or structure or improvements thereon. In these cases, the Provision obligates the party for the longer of the following periods: (a) the period during which the property is used by the sponsor or any transferee for the purpose for which Federal assistance is extended, or for another purpose involving the provision of similar services or benefits; or (b) the period during which the airport sponsor retains ownership or possession of the property. (13) Affirmative Action and Nondiscrimination. In accordance with Grantor's Affirmative Action Policies, no person shall illegally be excluded from full-time employment rights in, be denied the benefits of, or be otherwise subjected to discrimination in the project which is the subject of this permit on the basis of race, creed, color, sex, marital status, public assistance status, age, disability, or national origin. The Affirmative Action Policy as may be amended from time to time shall be applicable to this temporary easement. IN WITNESS WHEREOF,the parties of this Agreement have hereunto set their hands on the dates written below: METROPOLITAN AIRPORTS THE CITY OF EDEN PRAIRIE COMMISSION By: By: Its: Its: Date: Date: 7 EXHIBIT A PROPOSED TEMPORARY CONSTRUCTION EASEMENTS (Metropolitan Airports Commission) Parcel ID 29-116-22-12-0007 A temporary construction easement over,under, and across that part of the Northeast Quarter of the Northeast Quarter and that part of the East 473.88 feet of the Northwest Quarter of the Northeast Quarter of Section 29,Township 116,Range 22,Hennepin County,Minnesota,being coincident with and 50 feet right(easterly and northeasterly)of the following described line: Beginning at the most easterly corner of Tract A,Registered Land Survey Number 633, files of Registrar of Titles,Hennepin County,Minnesota; thence North 6 degrees 01 minutes 03 seconds West, assumed bearing, along the most easterly line of said Tract A, a distance of 211.23 feet; thence North 35 degrees 48 minutes 30 seconds West 187.00 feet;thence North 70 degrees 57 minutes West 180.00 feet and said line there terminating. (Metropolitan Airports Commission) Parcel 29-116-22-12-0006 A temporary construction easement over,under, and across that part of Tract A,Registered Land Survey Number 633, files of Registrar of Titles,Hennepin County,Minnesota,being coincident with and 75.00 feet left(westerly and southwesterly) of the following described line: Beginning at the most easterly corner of said Tract A; thence North 6 degrees 01 minutes 03 seconds West, assumed bearing, along the most easterly line of said Tract A, a distance of 211.23 feet; thence North 35 degrees 48 minutes 30 seconds West 187.00 feet;thence North 70 degrees 57 minutes West 180.00 feet and said line there terminating. 1 I- \ EXISTING CR ,-Z tl MAC / \ \ x_CENTE' E Z m PROPERTY raj P.I.D.NO. \ \ �o O 0 N 29 116 22 12 0007 1 Z N O Z /\\ 11 I), / Neon \ ```ozo \\ , 1 57, o 81 J-r \-,,, JUw Z cwn 1 1`�J �� \�\ PROPERTY \ �k' \A,-V-.1>c.'-. •. 1 ' (^•I LINE \ S, / \,' 1 ./„ )/ \\_.' i^ V �\ Sz 5 l I k \ ��CP I _ n A !y `l i\i�V`l MI 28,761 SF L_ �� 43,345 S' .� „ :;I �� PROPOSED �.. LI7 �,\/ f1 Oo„ - T....< I TEMPORARY �` CONSTRUCT N 1 EASEMENT / 50FT MAC w z PROPERTY v - -1' o" P.I.D.NO. Q ; >- 4 29 116 22 12 0006 7 4z e 4. 75-FT I fir i _N� Q66' f' X I O� ! w WOODB � , �,_. LE o {, e - I ,. .� 30„ „ Q\4 O I \ /._ G / 0 [-'‘ I --'1 I \I ) I r ) I) I) e/A PROPOSED �O� co L44/ TEMPORARY CONSTRUCTION I I �, n dult it ../ ' EASEMENT fr/ / r 1! 0 • MOST EASTERLY CORNER �!t TRACT A. RLS N0. 633 f E r N '� jl' • r so • (� ; 40 0 40 89 Y 'D • gscale 20 feet 66' J\-.."`-.^._J` S LINE OF NW 40 oI/a" S LINE OF NE'AOF N:I/4 OF )SECTION 29-116-22 4_ OF SECTION 29-116-22 PROJECT NO. RILEY CREEK BANK RESTORATION PROJECT J PHONE, (952)912-2600 EDENP 110531 REACH F1—F2 EXHIBIT 10901 RED CIRCLE DR.STE 300 B MINNETONKA,MN 55343 DATE: EDEN PRAIRIE, MINNESOTA SEH 5/28/10 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda June 15, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IC# 08-5717 ITEM NO.: VIILF. Leslie Stovring Approve an amended contract for Public Works/Environmental completing a bank stabilization project and authorize bids for a segment of Lower Riley Creek. Requested Action Move to: Approve an amended proposal from SEH, Inc. to complete the Final Design Plans and Specifications for restoration of a segment of Riley Creek at a cost of$18,231.50 and Approve plans and authorize bids for the project. Synopsis The C ity i s developing plans for r econstruction of a s egment of E den P rairie Road t hat c rosses Lower Riley C reek. D uring a review o f t he s ite t o ev aluate p otential creek i mpacts due t o the project, the Department of Natural Resources (DNR) requested that the City stabilize and restore an eroded section of Riley Creek upstream of Eden Prairie Road. The City recently received a grant from Hennepin County of$25,000 for this project. Due to the timing requirements associated with the grant, the City i s going forward with the creek stabilization project prior t o reconstruction of Eden P rairie Road. This w ill require s eparating the c osts of the c reek restoration from the road improvement pr oject. The co st o f $18,231.50 together w ith t he or iginal c ontract amount of $29,843.95 br ings the t otal c ost for pr ofessional s ervices t o $48,075.45. T he e stimate for th e construction costs is $112,387. Approval of this motion will authorize bids to be received in July. Background Information The creek r estoration will be c onducted for a s ection of Lower Riley Creek ups tream of E den Prairie R oad that i s called o ut as R each F 1-F2 b y the R iley-Purgatory-Bluff C reek W atershed District. The increased scope of work will include: • Preparation of MAC easement documents • Preparation of the bid documents and project manual • Preparation of permits for the Dept. of Natural Resources and Pollution Control Agency • Completion of the wetland delineation and final technical review of the project area • Coordination of pl ans with t he t echnical agencies, i ncluding t he D NR, R iley-Purgatory- Bluff Creek Watershed District and the Metropolitan Airports Commission • Construction administration and observation Financial Information The preliminary estimate for construction costs is $112,387 plus consulting fees of $48,076 for a total estimated project cost of $160,043. The project costs will be paid through the Hennepin County grant ($25,000) and the stormwater utility fund. Attachments • Attachment I—Short Elliott Hendrickson Proposal dated June 4, 2010 • Attachment II—Engineer's Estimate • Attachment III—Riley Creek Plans SEH May 4,2010 RE: City of Eden Prairie June 4,2010(Revised) Riley Creek Erosion Stabilization Project Design,Bidding and Construction Phase Services SEH No. EDENP 110531 10.00 Leslie Stowing Environmental Coordinator City of Eden Prairie 8080 Mitchell Road Eden Prairie,Minnesota 55344 Dear Leslie: The City signed the Standard Agreement for Professional Services(Agreement) dated June 16,2009 that included an Exhibit A and a Task Hour Budget(THB)which detailed our scope of work and key assumptions for the Riley Creek Erosion Stabilization(Stabilization)project. Included in those assumptions was the understanding that the Stabilization project would occur concurrently with the Reconstruction of Eden Prairie Road(Road)project when and if the Hennepin Village developer came on board. Therefore,the task hours listed in the Stabilization project's THB were minimized knowing that a portion of the bid document preparation,bidding assistance and other work for the Stabilization project would be completed as part of the Road project. Also, there were no construction phase services listed in the agreement. Since the Agreement has been signed, the City has successfully pursued and been awarded a $25,000 Hennepin County grant for the Stabilization project.This grant stipulates that in order to receive the money, substantial completion of the project must be complete by July 2011.This prompted the City to request SEH to prepare the project bidding documents and administer the construction phase services for the Stabilization project completely separate from the Road project.This, in our opinion, increased our scope of our work. Pursuant to article 3.A. of the Agreement; prior written approval by the City is required for any change in scope resulting in an increase to the compensation due. For your convenience, we have enclosed a THB with this letter showing the additional hours and tasks necessary to complete the additional work. For ease of understanding, the numbering of the tasks was kept consistent with the Agreement THB. We respectfully request that the City concur with the increase to our scope of work.Then increase the amount of our agreement by$18,231.50 from$29,843.95 to $48,075.45. We estimate that the cost of construction for this project will be approximately$112,000. This is a schematic level cost estimate since the final cost estimate has not been completed.As you can see,our Agreement will be 43%of the estimated construction cost.This is a result of including the construction phase services and considering elements from the future Road project into the Stabilization project's design.Those elements are: Short Elliott Hendrickson Inc., 10901 Red Circle Drive,Suire 300,Minnetonka,MN S5343-9302 SEH is an equal opportunity employer 1 www.sehinc.com 1952.912.2600 1 800.734.6757 1 952.912.2601 fax Leslie Stowing May 4, 2010 June 4,2010(Revised) Page 2 • Improvements to the roadway and the resulting construction limits • Relocation of the proposed culvert • Length of the proposed culvert • Relocation of the downstream creek By considering the elements listed,the Hennepin Village developer will reap some benefit and so we respectfully suggest to the City that they include a portion of the contract amount in a future developer's agreement. Also, our task hours listed far the construction phase services are an estimate.We have considered that compensation for services is paid on an hourly basis totaling a not to exceed amount and in an effort to keep the costs low, we are willing to negotiate the inspection needs with the City and discuss sharing the work with City staff. We are looking forward to assisting the City with design,bidding and construction phase services for this project_ Please feel free to contact me at 952.912.2610 or cschulze@sehinc.com with questions or comments. Sincerely, SHORT ELLIOTT HENDRICKSON INC. Carter Schulze,PE Project Engineer cas Enclosures c: Rod Rue, City of Eden Prairie (with enclosures) Paul Pasko, SEH(with enclosures) Jeremy Walgrave, SEH(with enclosures) p:4ae.eedenp\11053 RI genhrevisrdhreviscd prpsl ILr.doc if Task Hour Budget S E H City of Eden Prairie Riley Creek Erosion Stabilization Project Design,Bidding and Construction Phase Services April 27,2010(1) Revised May 24,2010(3),June 4,2010(4) ESTIMATED HOURS ESTIMATED PROJECT SENIOR WATER MUNICIPAL SURVEY CREW SURVEY COST RESOURCES PROJECT INSTRUMENT ADMIN TECH PROJECT TASKS MANAGER ENGINEER ENGINEER CHIEF OPERATOR 4.0 Bid Document Preparation _ 4.1 Plans(2) 4.1.1 Detail sheet 0.5 0.5 4.1.2 Grading sheet 0.5 2 4.1.3 Plan and profile sheets 1 4 4.1.4 Restoration 1 4.1.5 Erosion control 0.5 4.1.6 Title Sheet 1 4.1.7 Typical Sections 1 Subtotal Hours 2.0 10.0 Subtotal Labor Cost $246 $1,076 $1,323 4.2 Project Manual(2) 4.2.1 Front end 1 2 4.2.2 Special Conditions 4 2 2 4.2.3 Proposal Form 1 4.2.4 Form of Contract 1 1 0.5 4.2.5 Performance Bond 1 0.5 4.2.6 Payment Bond 1 0.5 4.2.7 Soil Borings 1 0.5 4.2.8 Appendix 1 0.5 Subtotal Hours 1.0 4.0 8.0 7.5 Subtotal Labor Cost $159 $493 $861 $670 $2,183 4.3 Opinion of Probable Cost(2) 4.3.1 Quantity Calculations 1 4 Subtotal Hours 1.0 4.0 Subtotal Labor Cost $123 $431 $554 Subtotal Bid Document Hours 1.0 7.0 22.0 7.5 Subtotal Bid Document Labor Cost $159 $863 $2,153 $670 $3,844 5.0 Permits (2) 5.1.1 Riley Creek Watershed District(5) 1 5.1.2 Dept.of Natural Resources 1 2 5.1.3 NPDES Permit and SWPPP 1 1 5.1.4 MAC Temporary Easement(3) 10 Subtotal Hours 2.0 14.0 Subtotal Labor Cost $246 $1,507 $1,753 6.0 Meetings (2) 6.1 Meeting with Riley Creek Watershed District(5) 2 2 6.2.1 90%Plan Review Meeting 3 4 6.4.2 City Plan Review Meeting 3 3 Subtotal Hours 8.0 9.0 Subtotal Labor Cost $986 $969 $1,955 7.0 Bidding Assistance(2) 7.2 Ad for Bids 0.5 7.3 Prepare Tabulation of Bids 1 7.4 Prepare and Send Bid Documents to Bidders 2 7.5 Respond to Bid Inquiries 0.5 7.6 Addendums 1 1 7.7 Bid Opening 2 2 Subtotal Hours 2.0 4.0 4.0 Subtotal Labor Cost $246 $431 $357 $1,034 8.0 Construction Administration and Observation(4) 8.1 Project Construction 2 5 40 8.2 Final Clean up 2 10 8.3 Asbuilts 5 Subtotal Hours 2.0 7.0 55.0 Subtotal Labor Cost $317 $863 $5,920 $7,100 9.0 Construction Staking 9.1 Project Construction 10 10 9.2 Asbuilts 2 2 Subtotal Hours 12.0 12.0 Subtotal Labor Cost $1,034 $891 $1,925 Page 1 of 2 SENIOR WATER MUNICIPAL SURVEY PROJECT RESOURCES PROJECT SURVEY CREW INSTRUMENT ADMIN TECH MANAGER CHIEF ENGINEER ENGINEER OPERATOR ESTIMATED COST PROJECT COST SUMMARY Subtotal Hours 3.0 26.0 104.0 12.0 12.0 11.5 Subtotal Labor Cost $476 $3,204 $11,194 $1,034 $891 $1,028 $17,826 Subtotal Expenses(3) $405.00 TOTAL COST ASSOCIATED WITH THIS PROPOSAL: $18,231.50 PAS\E\Edenp\110531\1Genl\Revised\[THB RilCrk Stab 06 02 10.xlsx]Hours-Cost NOTES: t A$25,000 Hennepin County grant was awarded to the City to stabilize this reach(Reach Fl-F2)as a separate project from the Reconstruction of Eden Prairie Road Project.The grant required substantial completion by July 2011.Another stipulation of the grant is that either the Tree Trust or the Conservation Corps must be used during the project. 2 Includes additional time to create stand alone bidding documents.This includes any plansheets,quantities,details,specifications,reports,plan review meetings and additional required bid items The Stabilization project and the Reconstruction of Eden Prairie Road project will be separate projects complete with separate sets of bidding documents. MAC requires a temporary easement which includes two exhibits.Exhibit A is a legal description of the temporary easement and Exhibit B includes a graphical description. Expenses included with this task are for Hennepin County certifications and existing plats.Expenses also include inspection and survey mileage and equipment cost. 4 The City requested that SEH include construction phase services with the revised task hour budget.This includes time for an inspector and a survey crew. Inspection time includes 5hrs per week for 8 weeks during construction and 2 weeks the following spring.SEH inspector to work with City staff members to ensure inspection needs are fulfilled and costs an kept to a minimum. 5 Includes time for a plan submittal to the Watershed District and for making any plan changes based on their comments. Page 2 of 2 i. - SEH EDEN PRAIRIE,MINNESOTA RILEY CREEK BANK STABILIZATION REACH F1-F2 IC No.08-5717 SEH NO.EDENP 110531 PRELIMINARY ENGINEER'S ESTIMATE Date:June 3,2010 Revised Date: P:\AE\E\Edenp\110531\SFinal\Qtys\[Engineer_Estimate.xls]ENG.EST. LINE ESTIMATED UNIT ESTIMATED NO. ITEM DESCRIPTION UNIT PRICE QUANTITY ESTIMATED COST 1 MOBILIZATION LS $10,000.00 1.00 $ 10,000.00 2 CLEARING AND GRUBBING LS $4,000.00 1.00 $ 4,000.00 3 REMOVE DEBRIS LS $2,000.00 1.00 $ 2,000.00 4 BANK REGRADING LF $50.00 300.00 $ 15,000.00 5 SALVAGE AND INSTALL TOPSOIL LS $2,000.00 1.00 $ 2,000.00 6 RANDOM RIPRAP,CLASS I-FIELD STONE TON $55.00 213.00 $ 11,715.00 7 RANDOM RIPRAP,CLASS III-FIELD STONE TON $50.00 104.00 $ 5,200.00 8 GRANULAR FILTER TON $45.00 58.00 $ 2,610.00 9 BOULDERS-2-3 FOOT DIAMETER EA $100.00 24.00 $ 2,400.00 10 TREES(1) EA $400.00 20.00 $ 8,000.00 11 SEEDLING PLANTS(1) EA $2.00 200.00 $ 400.00 12 SILT FENCE-TYPE MACHINED SLICED LF $2.00 1700.00 $ 3,400.00 13 COIR ROLL 18 INCH DIAMETER LF $10.00 966.00 $ 9,660.00 14 ROOTWAD(12"DIA TRUNK MINIMUM) EA $500.00 13.00 $ 6,500.00 15 PORTABLE SEDIMENT CONTAINMENT SYSTEM LS $5,000.00 1.00 $ 5,000.00 16 LOG CONTROL STRUCTURE(LOG-12"DIA MINIMUM) EA $1,500.00 2.00 $ 3,000.00 17 ROCK CONSTRUCTION ENTRANCE EA $500.00 1.00 $ 500.00 18 SEEDING AC $150.00 2.60 $ 390.00 19 SEED MIXTURE 110 LB $1.00 192.00 $ 192.00 20 SEED MIXTURE BWSR R1(34-261) LB $15.00 60.80 $ 912.00 21 EROSION CONTROL BLANKET CATEGORY 3 SY $1.50 2333.00 $ 3,499.50 22 HYDRAULIC SOIL STABILIZER TYPE 6 LB $1.00 1350.00 $ 1,350.00 $ - $ - $ - $ - $ - SUBTOTAL $ 97,728.50 15%CONTINGENCY $ 14,659.28 TOTAL $ 112,387.78 NOTES: 1 SPECIES DEFINED IN THE SPECIFICATIONS _ _ LEGEND CITY OF INDEX S,OD COTESTRUCTION UARELNE OR SHEET NC. DESCRIPTION CENTERLINE OF CONSTRUCTION EXISTING PROPERTY F a E N PRAIRIE , FV1 I N N E TA z_S EROSION TITLE EE7 --- c $AMTARY SEWER AND MAI4T0LE F EROSION CONTROL DETAILS 1-L— WATERANN.HYDRAfT MO VALVE CONSTRUCTION PLANS 5 SITE PLAN -cc-o-- STORM SEWER,wNRHOLE AND CATCH RASRI ORE OVERHEAD ELECTRIC 6-T STORM RATER POLLUTION —f-DuR TORIERGROUND ELECTRIC CA44“OR GONUtAI FOR PNYEhT40H PLAN fSITPPPl G UNDENGRGUNO OAS MAUL n r UNDERGROUND TELEPHONE CARLE OR COPAUIi G-,O PLAN 6 PnDF ILE SHEETS IV-EDR.- LAIDERCRDul1O TELYN¢ION CABLE DR COHDIOT RILEY CREEK FD UNDERGROUND EIDER GAME OR GOHpIA7 BANK STAB i LI ZAT;ON QR S SOIL BORLNG AGT/A ELECTRIC CONTROL CARRET/BOL REACH Fl—F2 dr PO RC LE N ODEssAL 4 "- POWER POLE 6 GuY ANCHOR 4 G.T POLE CITY IMPROVEMENT CONTRACT NO.08-571711 � L CAS PRONE.GAS E1 E &E:AS VET}-I TELEPHONE PROESTE � 11111 CFILPNON[LVEE51FL ,i GAME TV PEDESTAL. di,/ EISST,RG JTEJTN RANG ROLE Ct --- EAISTWG CULVERT ?‘76I 64A CONTROL PART LA. =.___P�HFER TR. - CONCRETE CURD AND GLITTER _� rV U R. _r r�SERENETY W\It N EDGE OF IXAYEWAY PAVEMENT K - L69 r; cm, . D SIGN DOTS.PAM.STOP,STREET.ETC. __�� 1 l a _ —,%C CNAM1 UAW FENCE VVV TOE, GAT i4A'I 0- ' -_- --ITV RILINOP R5. 4 0 TREE{0EC4NWSY ,�y,+" in ry�1RNLp ' .I -j - 7 TREE[CONFEROUSI @ LA. I R • al aeUSWIRFE WOCOED AIEA TO YA1-CG'[ rEV71,41 q• VALLEY RD. Ali a 7NIS PLAN CONTAINS IT PLAN SHEETS �� euLDcecnEYTAYrINc WALL p ik:4. 't Cf TN FL. '1 i .. I`IT�j GOVERNING SPECIFICATIONS Rn ME 2001 MUM OF DE WERSOTA REPAR,RmII Cr IEi1 R1ATM. -- EDGE OF PAVEMENT - T. v a 7ATD S, LA i E PT i s SPEOFACATIONS CO THE R000 TCA ION57�FCR TaS CT- -1.—P--4---D--5 EDGE Or:WATER -I - a T 'RED A.p ' A r IA;,-,CT. ER, G 121 L , ED4f DF DApI CO oR• R i y ..y ¢�. B y ICLw TRAFFIC COMM(DACES E R Tips,IC..TCORMRO.`D 4 Lar04T5�' ' O CON 1F - W �H• . 1. W C AiNr 15 0 1T I.15WwwSRI Y00l.MOB Ant Or TAW(Cr Tw �c] 0Lu11ANYl*E AIR,NE cwrE it TINS MA.DI1.loco CT, RA n'slcn.a IS rim YI*war TIY rr1AEfs LOIrTSN EETorsEw 1 Cr x1..IS DAH ITTO. LEN SHALL 1DST11 Hi IRERAONSIni ro ALTO wr AWALINRPILrO I.W.1T stymy u T1EM IHrEAIARS•01 PI�OP4SFS? - A c, , PRUE .LOCATION oAH.a,RCM,ING WIT4rwOII. M£ STRATUS 1NA 1 ou:L"`"T 1(011.`t 7iLisru111111 LItRE ED r+sNo[TER`�INLv LIMIT.' fS ACCOIpING r0 iNE 0I IOEiINEf 6(11150F 5e-.t.t 1(TLII 9 ,S•C R. i ILIA GCT COCTFi '+ PROSPECT s111010R dIIOELIMEs rw TIE COLLEn ION+HO TIOICI TON of 0 RIDGE - '$ EEIST TAG sV9MAAELCt OTIS ITT DATA-, �AFr AC❑ Rl a. S�o d 1.ELelixt L0CA710R1 Or uNPEREA0�0 IlTILIriEo SUCH AS tEMPORARY CASEMENT 1 CIS.TELEIIINLE TIDE TTIC•ELECTRIC.CIDLE IY.OAR y., 7 ! L�Gffl (' �'}' >..� �f. 14E LINES 1(UNANOLRI• THE C0ri11IACI I MALL CONTACT F\,�''IR(\/i`f 1 CLEAq mil Gfi1RJ TREY IEH '�� p�'�' t• �q, GOPI,Ell STATE p.E CALL KUM rbNENCING Eie+YATIOHi 11 F- OP a4 ...��.,. Plds,_ S� -'T EDEN PRAIRIE. MINNESOTA • SILT PENCE EEVERO xg ,'S JIINEGRASII 9- U RILEY CREEK �l�l� • r ,, 8AHK STABILIZATION j RDDTwA¢ ]1SAN9V11.1. flE7. CRAHAPPLF� I.A,F 1 i�v A' 3 J LI �' TNDICD J I:E LLNO 5�510 . .RNv 1',Rar1T FF.MD 5W-260:11/01 151,111,1601 1 0.---A RDCEr RiFP7-E ��:"._ w1 Fp4 lYfArc, r1 .'''' 7 _ _ a0. Dr WE IEYISl d13 .`AL VV.(REGRAO NG �}"� EiTE 1 �� I NTm'aA,Rn M.EEb I III my NW I.,ANV1RIO IN IC DI srmlo DWI W Dins,PROPOSED TREEPla'N1AfAI� wII[en WO sir uYHrt Arm TEL NO. el EAMP iGSl1 NOTE THE EXISTING TOPOGRAPHY X IH THIS PLAN 15 EASED GH TOPOGRAPHIC SURVEYmrrtl RILEY CREEK TYPICAL SECTIONS NO SCALE r ` ... .f._.EDGE OF BANK Ifr ..nI I SDI VARIES �� 1 .vo C44CiiAlfl: E if[ST IXG 4Ra[7E 1 — _� INSTALL COIN ROLL — -INSTALL GOIR POLL I. r 2'42 iTUODEN STAKES SET TL1P OF STANE 2'LoWER C❑IR ROLL DETAIL 11+AN.TOP OF CDR ROLL BANK REGRADING NOIES, ---- NO SCALE 1.PRINDE 2'x2"R2'-O"LONG WOMEN STAVES EACH SDE OF COIN —EXISTING GRADE DRIVE I ON CENTER. //// 2.ROLL. IN.-fERLIEfNAlE 3TIKE$(Hui SHOWN) ON CENTER BETWEEN THE RLYLS. 3.TIE 000 COPR ROLL TO SHE STAKES 1HT4 1/13'NYLON r NIL.VARIES • NAM ODOE THAWS*CDRNROLL N(THAS PAIIERH.WEAVE NETITN GRADE ERODING HANK 4.LACE CDR R[N.LS TOCETNER ENO 1O ENO. -14341BENEH. air WIDE INSTALL CSIR ROLL INSTALL cola ROLL L HSTESI I. AREAS FDA DANA REIRAOIN ARE SOWN IN THE PLAN.AND PROFILE SHEETS I H QM WILL BE IDENT IF IEO N THE IE10 BY THE ENGINEER. N. IRS ALL gli COURSE OF COIR HIOLI ILONC EACH STA[AL HANN HER DIE ENTIRE LEURTR OF THE PROJECT- •PLACE flARtlOAM 3.PLACE TOPSOIL, SEED UM INSTALL EROSION CONTROL BLANKET ON GRAPE `J RIP RAP LOG f12^-24'DILI- SANA 6CC[1REOCl#111E EN NI1FO AURA.LOG AHON$ANRra�BLANKET SHALL r !MOT CL I1]- EMBED A AIIH CF 6° INSTALL 91JCNSILL GOER } FIELP SIANE INTO TIES sr LOG 4TA"-74'D[AI PLAN VIEW SECT)ON 5NMIN. O4 PT INTO!YAM; D.5FT FLEW— -i LOII PLOW HOTC}I // PLAC RIPRAP '"' , ROOT CYO SMOOT Cl [-FIELD •tite STREAMBA+RS �• ...2, � STONE PIONS ENTIRE PLUNGE POOL 1 J ..� / ,FOOT MAD LENGTH OE LOG LINE WITH RAN0011 RIPRAP - POOTYAE ` STREAI$INK MOT CL I -FIELD SHONE C, rc. 0 JIB LENGTH-TS' NIX •3P 1 ~- NORMAL WATERLINE '. L 44A ��-T1 ODTER LOG • ---, r�o $��f L7 �F6/ 1010m La ;r �1 17 Y , • , r. • PLAN VIEW SECTION VIEW t � J 5}NEAA�EQ 15'TRUNK olA. Nil. RANSOM RIPRAP MOOT CLIIL FP �I`� -FIELD STONE R I PA AP n CONSTRUCTION NOTES LOOSE RIPRAP METER LOG 2' STRUy7 EIEqy gpE� IPLACp{ �p N� 1 EpTONS�/Li' Rp`p� iEL®EEDE2 INTO STREAAAHANET /� CONTROL '+ 1�1 171� I ' LL 11:64 f� RREAREFOLFt PLLir IrTNAT THE P��L2 TOSNAYKE8TkEATE PIT L❑l7 1.❑V T f1 OL Tp SSE OONE pPRi URERTOl4'OE'1GSPUNNO pH ITWPQ IRST AAL LAT I Dli. L� NOTES! B 2 11117E Npa1TAi FIFNUM!"�SIXHiLik k71[R Y.IE [TSLAk DEFLECT 4ATER pND I. COMPLETELY KILI.RIPRAP WOOS 111 TH SALVAGED HANK AIAYER1 AL .,cH RQQ g pL L[pI I g{pE ROOT WAD DETAIL 2. TOPSOIL. SEED AND PLACE EROSION CONTROL HLANKET OVER PISFUABED AREA WITHIN 24 IRIS AFTER IHSTALLATIDN ]. OHEYNE O1�J73i QEHCFL THEEDL01MSiFEANIRDbTWAOCISHIHP.LE EFFECYI 1B iE ES 3. ANCHOR HSO1XAC AN11 LOG KITH INoLVtOUAL OIICNDILL AryCN0RING SYSTEMS TO A MINIMA DEPTH DI 4-FEET LANLEEL TEA,. p 4, F LLAAGp ROC7C55 qpE AYA LABLE ACE Ill BE1 EH fRE Rp0 HaDS PW LIR 4D ERCdF1 LL. 1H Af Df TI EN TO 7HE RESUI R[p LOOSE ROC T _ _ PES161r.Ri JNfJRfCS —.I.,,[ORIFY'VW DK RM'WAR FI•PwTO./ A i 4POCr"�R AOa.WITPROPE n�0nasii�WLR"W J RILEY CREEK BANK r ITe NE. • 2 cIACNEV wry JN .1e 1,..s o•NT STATC a Ku4Sa rti IDA:,tea N o�Dt>.le Jov RESTORATION PROJECT screw M los]I APPROVED ar. 3Y „•,;.,� ,0,.t014 1.1P1..f34A,sHv REACH FI—F2 DETAILS DATE aosslrN TEAR R., RI AA* Revisor* aa.a�w, ,. Ay.n. SEH PT A a TO'&TFA•Pes.oa'' EDEN PRAIRIE,MINiVlESOTA 1 :/z..w 10 • 3'a Ii1 PI El' F:. 7.5'NHLOLW. .p+,:�d J 6'rOPSOI If:VEOuS SOULCERS '!: + icaEcv OFR5 �N•IY IiCRr CLASS —17'MIN. F!-1 -- 1 lir Irp. f1E�L�5�:Y[RIPRiF FLaw ;:ti 0:+l;a•:OL• x'L IN j r7minr rq' 'i.,, tr err + M•��:�"%"w• 7. -M1'NHngt GrIMnILM•iIll'N1110 � r•r ��■ % �1 . !{ ! �Jai � - � �k j �� il �. ���w' � —s uae.Nnr GRANNLM FIVER ER . �� :�. .rd/ / �. 2'NH.LA1ERf.. fEL�5ppE�AtiI� 2. - OOE W SWL¢£RS Ng RIFFLE C9I SS SECT 1!]Pt RO SCALE ROCK RIFFLE RPOFlLE NO SCALE li Airliira... S r 1 g ..,_,Ariftlikozompi.leNtikifekr,,.. At* ,Aiitz. : oploAfitori41,_Jome,,......„,r,„„.. 4F -`� PA +ate• *r iNt ller--Vgrzfgft.. ;writ IrrrillirtilliniliklitA*Vire••'"taw Aikakv oxialkitr al' !:. 1 �g��-- r .1.4141...."61' ...;140411: 2 ROCK RIFFLE PLAN 2 NO SCALE IH RVII•Mee,iw i•IG RAN r.ts rr,..1.1 o, oFSIw[nI xrrxres — CA OPER Ur IMO swRmo•r NO ni.r I H, j RILEY CREEK BANK n.kV. 3 n wer vcl�eo onovessoiw vAeew vun cHENE¢ill's +t — nE bars a nr.sl.n u RESTORATION PROJECT co[nr rios3I -I..narao coax coot smc we REACH Fl-F2 DETAILS �r+wrE¢ef•- e� ,•. C r�.exraw.Iw�H.a-hwe Nil 10 a uEftpr rew Na. sr`na+e aPHSIUK � �, "'•"` 5�H�r Raw-`r-9n-ae. EDEN PRAIRIE,IVII NRS�/1 nerr¢ N. OVERLAP 6 TELE D FT.NAL LERGTN DEIST 5 FT.ARR.LENGTH.PEST - as2 F.III.I FASTEN AI 9 FT.MAIL SPACING AT 6 FF.MA14 EnciNG MEN OF AMMO., 2 F1.INTERVALS PINE N[5X pEIFi'a1R]EYEX1 - STAPLES j PF151 E[NDAO Yl GE01EE7 RE poet.A@"WIDE GCOTERINLF FAERIE,s5-'Alai 11151WKR I I 1 •REFER RANA 4 I FABRIC ANCT%0AGE f FAEWS LXEXORI6E a�r TRENCX, HAW ILL i' TRENCH. BACAFICL 1 n R p1RECil�F or xRR 1AMPfY olikaliON OF TOR Tuna GREATER THAN EN TOOT rued NR,TYRAL SOIL RMRCrF iLYR REELERL sou THE 5TREAU ` ��- IX1160.x]IfiHpalXf MIRE RAORIS AS v 1 ; 1 API PILL NECTE REquIRIDRATER SURF ACT MUDEARA1b1 _ --M':4[ ECTENI WIRE � 6. ArKT10R MEN INTO M114 Ni H. MR.100 103. Try NIP,OEPT11 N iRE1C11 _ OF HOOD[Hips DP. a_ f 4 25.0.411L _ RILA HEAVY QUIT PREASSEIEBLEO 1 - l , L // ; RL00111 zip F1ES P061 LENOIX,5 FT.MIN. // /RA NIR CABLE l Bso IA TE1151IE 1 AT R Ff.LIAR.SPACING WM.AREA f R55N] :f.. ..: LOCATED 10 YIP a•' Ig /J 011TE.CIPSIga LE01£R FELC FABRIC.]6'rIDiN j f RUNOFF iii / A £ FIu1A110N 11 hICI) ANCHOR S111 CURL AIN.TYPE ER18AA'CE klaTll l MACHIN4 SLICE PuiNY a REWIRE WA TER FF�� e"• 1T"METH AS RE INiIREu IF7.Us s•PLOP ROCK CONSTRUCTION ENTRANCE STANDARD+MEN NE SLICED DESIGN GUIDELINE& SILT FENCE DETAILS s a T1F'vLR vsixlrr f wodwI CORTAI6uilsiG AR1A0 s ACRES TO PROTECT AREAS ROW N101.1 FLOP $ I STE S'EC.3E5A 1 - 115' SLOP.LESS MAR 3 1T,/SEC. - 30' 1{ODERATE,1 5 PLATS. PLOW VIEW FLOTATION SILT CURTAIN - TYPE MOVING WATER •.iAILS LLLN¢;inaE OETAA ROAVEAr [EPEE.D067 I NOR«T � I DESIGN GUI DELTIIES1 r a IRM Lpa JOS � SILT FENCE NEAR TOE or i x1QN IEYPoRAIIY FILL ENCROACHES MORE T11AR vYENLAP Ai O HRI, EAiVuic SIIN'C Er(TGIDE YDF 1l�OY 1/.1 I LESS THAN NW11Y 1PE STREAM. ..4,444Not... go CONSTAMCTIOM Owl's N5511111 WATER DEFINE II PT- 1 MINMIM WATER ROTH.3 F T. S NA]LM0I WATER YELOCF10e 5 11J5EC. IQ j LOCATION OF SILT FENCE AT TOE Or ROADWAY EMSANIMENT ....441100‘... • CARRIER 01.04 HRTFA 51RIF ALE EFEEL TENSION RARE �___ I ;—�F, — 51A1'I.E SNx.SE Y-S.eASED.— a%5513:5 14-c!•} n CADE WAE 5H-1 ICFW.N1 5r E- r/ 1A1aA&E c S Deg; III•e^LDNG c LS/SI 0R.1 1r, LLTaGFn CATGCP4 3 E 0-e'LONE.vsr IYiv ANGNIOR cADLE.,f AHR1C Z 0lIRTA114 F.5 1 f WCIGNN A1CJI0R 1 FT. I r -80rT(y rm.!. 5 /GLE Jf.A\ UiC�I H.S— 2.LAY L4Ni9EHM 3-0,31 1.Al L5•NIERYAL3 SECTION X-X 4.5ACXraL'mr1',Arno.sca MO COLPAC1 5.Pt MAC EENCTH S1N,L mar EMMET)100' .. 'Fib MT11OY1 7d1 AKCMOR TRr5e •:�F FLOTATION SILT eunTAlNs -w,'::. .3;.4, I SPEC,lEHT 1 -- Y .,eL ?ir,::".." EROSION CONTROL BLANKET INSTALLATION 3 Celli.I. ..as PL WAS t'P1AE0 e1 RILEY CREEK BANK i DE5 N0A'EHl J1V41145 is OP M T 1x A. Fi MATCH NT PAW su(0*5 1 mu EH.!1w Fur NY. 4 A ONLY uCE1RC0 M0FE55010.(b aWFs 1HCLR GNaGAEa NIN ..Ni 11a LANE or lit Y1A1E ar 1raFSOr. RESTORATION PROJECT DETAILS CNN,11n551 APPAOYEO 5Te JN ew.F.., aw'. "H Y"10ar'.TT0F4F4,n iun*110 REACH Fl-F2 EROSION CONTROL DATA 10 a DESI0 1FA1 AO_ et OAFS FIE V111055 4,...1 - 044.A._ § H T� -Ito A+17.9Y9w1 Ed EN PRAIRIE,MINNESOTA Srza+.n 1 fW ��ii 69 42'' p �- - — - .-ram Cya� )! y. i _ wr, +ea rxi E I.INST ' / � • kW t1 .✓ 5oi[ ' J R ) � r4fL� ' �. ILL[70NSTR4ICTION ENTRANCE AND SILT FENCE PRMOR TO ANY LAND OISTlIRO1R0 ACTIVITY_ 2.CONTRACTOR SHALL'STILL FLOATING Ski CURTAIN-TYPE MOVING WATER PRIOR TO EXCAVATING ALONG STREAM. • ` . .F� r- .' _- T- �l` — 7.ALL DISTURBED AREAS SMALL BE STABGZED WITHIN 24 XOIIFLS. / ( '•..�. . l /1 _ E.ONCE GRADING IS COMPLETED WITHIN A PORTION DE THE SITE M AREA SHALL RE STIHILIZED ffff '�_ ] - 777 _ PRIOR TO COMMENCING 0RWWC IN ANY OTHER AREAS OF TITE- ))) ( (��^�J} , • �- + I,^ t� - _ B.CONifRACTOTF SHALL INSTILL"IN-5TREFIE GASKETS WITH FLOC LOGS AND PARTICLE 11 j -/ 1 /, CURTwY tlOHH5TREAN FIF WORK AREAS. M { ) I. - 8.CONTFuCTOR TO REMOVE CASTING DEBRIS RI THE STREAM 1RTIW1 144E COk2TRlrlT10N / %''� 'J•-r ` LRAM MEK.TIRES,DEAD TREES,FALLEN LABS,ETC.) 1' z.\ \ ( _. ) - - �• / PROPERTY LINE � - ) I.4 TEravrrAm consTralcrlor T_\ - 'Th.('- I - EASEMENT I� >•:- / r I`It - -F� -'r 4. _ } • 0 )11\1 -,0. 10 4.111.-: /._ c,... ��1$• - 7 l `�� STAGING AREA AND Cle.()''..1 y; „crp- L )- /lY 4{'�] STAGING STORAGE } i I A - CCOONSTRRICTI OR IOON EN E-'-,-�.�""4 i � iJ ! r J .. 1 l l.�f}i=/•ms'�.— 1-N�J� L •yam • `° y QE �y - YEIrPDRART COMSTRUCTi - JR (. EASEueur ,o�M '}. .YTS= !E,� �`�ai ;Its- y �-seam }w JP, --- L. '..; i,yie __--r--K � 1,. .' u p CJ � 7� ''I. }. I. I {_fir 4 m _ x Cam.. DES WO36M. 411,JK/cs - ig or[RUN or RMCT ISVLRvEREN Mao rartiw J RILEY CREEK BANK r!LE 42. 5 A r%Av UCEMSFG RRCrESVO u EIY.T[EA upn CHECKED RrI Mr Tr[tad MI M[SfA,F a+sr[saiu ,R,�y Mac ua.c,MxMu no RESTORATION R E PROJECT SITE PLAN F�MATE 10 'g REEIRA D eT, _ r - �'• u nI�s:sc•�ao6 1:ti iu•F1T-iwl 10 o RESIFM TEAL _MI aT 0,,, REV ISTWS Aypi, R.I.% 5EH 1!h eaPTvlA�i-r1e1 EDEN PRAIRIE,MINNESOTA S12Ane Environmentally Sensitive Areas: Stormwater Pollution Prevention Plan (SWPPP) 1. Impaired waters—Riley Creek Is impaired for Turbidity. 2, TMOL—There are NO established TMDL plans for Riley Creek. To comply with the General Slormwaler Permit for Constniclion Activity 3. Scientific or Natural Areas—There are NO SNA Within'I mile of the protect. 4, Karst Area—The project is NOT located within a Karst area. Construction Activity Information 5, Calcareous Fens—The project does NOT discharge to a fen. Project Karon;Ram/Creek Bank Slahiltzatian Reach Ft-F2 Project Location: Training(lil,A) Riley Creek upstream of Eden Prairie Road approximalety 004 feet Eden Prairig.MN 55343 The Contractor shall ensure that the training requirements in Part 111.A,2 of the General Hennepin Courtly Stormwater Permit for Construction Aotivity we complied with. The individuals trained will Latihide/Longitude:44.6303,-93,4853 be recorded in the SWPPP before the start of construction or as soon as personnel far the project have been determined. Total Project Area Dlstrubed:=1 acres Total Existing Impervious Area: 0_aore8 SWPPP Writer:Justin Kiabo,SEH Inc,Training Dates.August 12-13,2009,University of Total Proposed Impervious Area 0_acres Minnesota,Erosion and Sediment Control Program, Receiving waters: Provide information in the space provided below For additional personnel on the project ea Riloy Creek ID:07020012 511 tiIPCA Impairments:Turbidity required by the Permit. Dates of construction: Construction sten date:Julyi-2011) Estimated comptetlon dale:Oct_1.2010 1 2 Contact Information 3 4 Pro)ect Owner Project Engineer 5 B City of Eden Prairie SEH,Inc. Leslie Stewing,Environmental Coordinator Jeremy Walgrave.PE 7 8 5050 Mitchell Road 3535 Vedneis Center Drive P Eden Prairie,Minnesota 55344 St.Paul,MN 55110 Istovdntaedenorairie.am Iwalnraver lsehtnc,GAm Permanent Stormwater Management System(III.C) 952-945.5327 851.490-2000 1. The project will not create a new cumulative impervious surface greater than or Property Owner Contractor: equal to one acre therefore permanent stcrmwater management will not be Metropolitan Airports Commission provided on the project. 13rrdget R1ef,Project Manager 9ridget.nefgrnspmac.arg Erosion Prevention Practices(IV.B) 66040 28'Avenue South Minneapolis,MN 55454 1. Areas will be delineated not to be disturbed through the use of silt fence and T-812,728.8100 construction staking. 2. The Contractor shall limit the area excavated along the stream at any given lime. General Construction Project Information Once the Contractor has completed grading along a portion of the bank,this area must be stabilized within 24 hours. The Contractor must stabilize the recently The project will consist of stabilizing appronlnistely 650 feet of stream bank in Riley Creek. graded area prior to starting excavation along any other point of the stream. The project includes Irtsteltetton of riprap,coir rolls,rock riffles,roolwads,log controls, Areas shall be permanently stabilized as shown on the erosion control sheets. hydrosaeding,hydraulic soil stabilizer,and erosion control blanket. 3. ALL EXPOSED SOILS SHALL BE STABILIZED AS SOON AS POSSIBLE Based on soil borings taken by a hand auger,the soils consist of alluvium deposits winch BUT IN NO CASE LATER THAN 24 HOURS AFTER THE CONSTRUCTION include:organic day.poorry graded sand with silt,lean Gay and silty sand. ACTIVITY IN THE PORTION OF THE SITE HAS TEMPORARILY OR PERMANENTLY CEASED, General Site Information MLA) 4. Exposed soils shall be temporary stabilized as follows- 1. The project is required to meet the construction stormwater A. Temporary n Con tol Blanket far the i. Erosion Control (MnDOT Cat 3) NPDES General Stormwater Permit and MnDOT Spec.1717,2673 and 2675_ II. Geatexliile g 2. Erosion and sediment control EMPs shall be installed before installation or Ili. Plastic construction of the applicable portion of the project. iv MnDOT Hydraulic soil stabilizer Type 6 with MrrDOT seed mix 3. The project will be working within Riley Creek therefore ALL AREAS THAT AREyp DISTURBED AND NOT BEING ACTIy8LY WORKED SHALL BE STABILIZED 150 WITHIN 24 HOURS. B. Pemianent Cover BMPs: 8 4. All erosion control items sod quantities can be found within the construction plan I. Erosion Control Blanket(MnDOT Cat 3) 2 sheets. If. MnDOT Hydraulic soil stabilizer Type 6(see plan sheets for E 5, Contractor shell submit a construction sequencing schedule foraccsptance by specified seed mix varieties) 3 the Engineer prior to commencing any work. In addition.Contractor shall submit 5. Contractor is required to provide any additional erosion prevention measures f a written schedule of proposed erosion and pollution prevention control activities necessary for conformance to the NPOES Construction Permit throughout v for the Project Engineers approval as per MnDOT Spec 1117.20. construction. g 6. Contractor-snarl watch forecast for rain and plan a tivItiea accordingly. 2 p .¢reel amnr W o Rom,..::�r=rrrs. STORM WAFER 6 a seer¢rt: sirdc�u _ oe at wxn,MR arrirmW FIT.Of RILEY CREEK BANK F lEL He, ff f CULClhp OT< Al o4Y?&' ppu[sacaIq f.AW uH[� nc Ewe v zrc stair a wrsi WO mad ar¢rr,mr sae RESTORATION PROJECT POLLUTION raew'rimer i APrMED iri+x_ - — . .., °''= rmx�rar sn�a-ono REACH Ft-FP rein 1I} „A 5EH ai :s`r..e>;rue ionic.ma' EDEN PRAIRIE,MINNESOTA PREVENTION PLAN sesano 1 so on ore no. sr DATE 33ti5FOat „q,e. Sediment Control Practices(IV.C) Pollution Prevention Management Measures(IV.F) Records Retention{III.D) 1. Silt fence end the construction entrance shall be Installed as shown on the pan All work necessary to provide proper pollution prevention measures shall be 1. Records to be kept on site during eonaktrelian Include. sheets prior to any land disturbing activity. considered lrxddental to the project.. a. Copy of the SWPPP and amendments 2_ Contractor shall clean streets as needed to remove any accumulated sediments 1. Collected sediment,asphalt and concrete millings,floating debts,and other b. Training Documentation as a result of the project as directed by the Engineer. waste must be disposed of properly and must comply with MPCA disposal c. Inspection and maintenance records 3. Temporary stockpiles ensile shall be temporary seeded and silt lanceplaced requirements. 2. This SWPPP will h0 amended as needed and/or as required by provisions dt the fxi ryY 2. Olt,gasoline,paint and any hazardous substances must be properly stored, Pemel. Any changes to Um SWPPP shall be noted below and on the applicacie around the stookpiie. Stockpiles are not allowed to be located Wthtn 1t70 Seel of including secondary coritainman(to prevent spits,leaks or other discharges. pion sheets. Riley Creek. Restricted Recess la storage areas must be provided to prevent vandalism. 3. The contractor will record changes to the SWPPP and maintain documentation of 4. Fldadlrg silt curtain Type-mevrng water shalt be placed within the stream along Storage and disposal of hazardous waste must be in compliance with MPCA these changes cm site at all times.A summary maintenance/construction the edge of the work limits to contain arty sediment laden waters torn the regulations- observation report will be recorded after each site Inspection/observation canstnrctlan activity As York progresses upfdwm the stream,the floating sill 3. External washing of trucks and other construction vehicles Is riot allowed on arts. 4. The contractor will be responsible to maintain and repair the erosion arid curtain shall be moved accordingly to maintain a barrier for the construction area. Runonmust be contained and waste properly disposed of. No engine sediment control HMI's until trial atabllizatidn Is comptele and a NOT is 6. Slash mulch Tram the clearing operations shall be used to provide a stabilized depressing is allowed on site. submitted. construction access to the project Slash mulch may be Used red enrete and 4. All liquid and solid waste generated by concrete washout operations must he sediment control RMPs except for areas within the top of banks of the stream. contained fn a teak-proof containment facility or impermeable liner.A compacted clay inner that does not allow washout liquids to enter the ground water Is Amendments to SWPPP By Date Dewatering and Basin Draining(IV.D) considered en impermeable liner'the aquas and solid wastes must not contact 1. Dewatering will be required on this job If the dewatnring or pumping process Is the ground,and there must not be runoff from the concrete washout operations 1 turbid or contains sediment laden water,it must be treated through the use of or areas. Liquid and solid waste must 4a disposed of properly and In compliance sediment traps,vegetative filler strips,6dccu1ant5.Or other sediment reducing with MPCA regulations. A sign must be installed adjacent to each washota measures such that discharge Is not visibly different than the receiving water. facility to inform concrete equipment operators to utilize the proper facilities 2. 2. The contractor shall submit a dowaler-rg plan to the engineer prior to initialing 5. Any spills of hazardous materials and/or a minimum of 5-gallons petroleum shell the dewalenng process. be immediately reported to the MPCA(State Outy Officer.1.500.422.0795 or 3. 3. Otacharoa directly Into Riley Creek is not permitted. 051.297.5610).Any spills above the reportable quantities limits in The Code of 4. Alt construction dewatering shall be discharged to en approved location for Federal Regutations(Cr11)Tito 40,Pan 302 shall be reported to the EPA treatment prior to discharge la the receiving water. The dewatering plan shell be National Response Center 0.500.434.5552). In order to reduce the risk of 4. developed and submitted to the engineer lgr review in accordance with Mn DOT hazardous materials coming into contact with stain water,the fallowing practices 8 Spec 1717 2E, will be Yellowed a)an effort will be made to store only enough products required 5. n 5. Conditions of the site may require a permit to be obtained from the Mlnnesole to do the wok.b)all materials stared orlslhs wilt be stored to a neat,orderly 3 Department of Natural Resources far water appropriations. The Contractor will manner in their appropriate containers and if pusslblo,.under ever,ci)products 6. be resportsibie forobtafnrng any necessary permits for dswatering. will be kept in their original containers with the original manufacturer's label unless the original container cannot be reseaiod in which rase the original Label Inspections and Maintenance(IV.E) and materiel safety data shall be retained,dsubstances ) will net be mixed with Ills p one another unless recommended by the manufaclurer.e)whenever possible all 1. Contractor snail identify a cenified erosion and sediment control supervisor to of a product will be used herons disposing of the container,i)the manutac uro's conduct weekly sate inspections for the project. recommendations for proper use and disposal will be followed,and g)the 2. The construction site shall be observed at least once every 7 days during active operatorwlif inspect daily to ensure proper use and disposal of materials ensile. construction and within 24 hours altar a rainfall event greater Ulan 0,5 inches in Manufacturer's recommended methods for spill Cleanup will be nearly posted a24 hours and 7 days after that and site personnel will be mode aware of the procedures and the location of the 3. When sediment Is observed up to approximately one-third of the height of sift Information and cleanup supplies. lance,sediment shall be removed. Silt Fence will be replaced,or supplemented it 5. Ali Sanitary waste will be collected by temporary sanitary facilities provided et lee It becomes non-functional. site by the Contractor throughout the construction project.All construction 4. When nort-funeportal Shift are found they must be repaired,replaced or personnel shall utilize temporary sanitary Facilities which shalt be regularly supplemented with functional BMPs Wilhflt 24 hours altar discovery or as soon as serviced by a commercial operator. Temporary sanitary facilities shall be placed Geld conditions allow access. Ina location where accidental sphtage of the facility shall not discharge to the storm sewer system. Final Stabilization tlV.G) 1 Ali disturbed areas along the stream shall be stabilized using seed(aSWR R-1) and erasion control blanket(Mnl7OT Category 3) 2 Seed shall be applied hydraulically to the disturbed areas. Hydraulic seed application shall Include hydraulic Sell stabilizer(MnDOT Type 3). t 3. All creep are required to be stabilized within 24 hours after work etas been completed. 1 4. The pertnlltee will subunit a Notice of Termination(NOT)within 30 days eller test stabiflzation. s S 1 E 1 k I �s,e = ii. a: r P. AP,mar r�°""""a MAW."" ORM WATER is Pt POO et mac.ensv.MP lAlt IAA _i RILEYFiILEY CREEK BANK net rro. OeC.eg en Al - _ Tm tins gr Ir A Du.LIMPED i Or IP/OIPMAL P�n vwsN xwiisa was wr+r.wt*c im RESTORATION PROJECT POLLUTION MN,nnwarx �wrpmrtn ur= .r am:.- 4�•. C u`°''Z�p°tiexEemsa e-kios ¢a, HEACH Fl-F2 a •ranee nrw g. NV out F.e.is lino .:,i...i„t.: '^"' CCIS z ova zr.,,, EN PRAIRIE,MINNESOTA _ PREVENTION PLAN vavto GUT EXISTING❑RMNT ICE ( 1 TO CONFORM TO SLOPE ) 1-r; f- JJJ (Y1 CD i GRAgE EROOEO eANK .1' - L Ri PLACE L IIi L RIP RAP CN Ili - ` u_ \F.ELO STORE ., .�Tf' • � �A . -- - ❑ ��_ -- �• ���,-, :;[� ��`�� r (-f7 Ate_ - - • -, P Off r S` {7 PC R Z f �_ .{,. I a. • rt. -.5.• • xr 1E C i_ r ! ROA J E `__ �- - ��-- PROPERTY LINE _ 01 �• l � r -� _ E%ISTIHG Hex --`--1�� --_1 /NOTES: im p p CULVERTT. SAL0ACE ANO REu SE ALL TOPSOIL EN,, V 2. ONLY SAND. GRAVEL OR ROCK MAY HE PLACEO IN CHANNEL BED 750 •.. --- --- -- " - ---- .-. "'--ry EOEn ` 'Tao o .... 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J epo,H�e,Sr ti LOG CONTROL 0 SEE DETAILS v- --- -- n cur URA INriLE Ta 4-.... 1". /// ��' CONFORM TO SLOPE /11/ -- - E _ ' ., Y 1�.G _ �,/ _ r. *,... i -,C ;:Atill; .. ..,...vv 4 ( n) 'cj. -L.----i--•_ -1,1/4 O.:). 0 • .'"-. awl.'oar miiis _._4-3—�_ , � } '� �� � — LOG CONTROL —r 1_,Olo _ \ 1.NOTES: � 1. SALVAGE AND REUSE ALL TOPSOIL 2. ORLT SAND.GRAVEL OR ROCE NAY RE PLACED 111 CHANNEL 8ED 3. EDGE OF EIAHT AND EDGE SF EATEN eoUNDART LINES ARE EASED ON AN AERIAL USIA 6+00 TO 9i003 78❑ r _ - 780 775 775 770 770 755 .... ...... 760 :.. ... LOG CONTROL �Ex15TIN0 CARES iHALNEG. LOG CO .04 760 NTR 755 755 g _ 750 1 750 a 745 . . 745 740 740 i. 4*50 S+0O 5J50 E-O5 _6+59 T*OQ - - 7i50- HENERY ow,nut HIS P.M.wRS PN[PX¢o NY 5 GCSHONERH �V+AJGS NE ON WIN WY TREAT OP(R*IY0N NO TINT it J RILEY CREEK BANK FILE,w. ENECKE9 RTH •RH AA�Pm/LKORiff PIGIESAYFH 3 ERQLfA uEEN EA15 or Pp srAT{a wpor.A RESTORATION PROJECT PLAN & PROFILE EDENF r 1053. 9 ,wPNwEo er• `- — - —- °v1" N+H090r•€ievr0 aws'saE S00 REACH F'I-F2 SPIFFY 2 :¢`'•• a.r ix vu se0a rAx v�a•vn•xsoi — 10 DE3I0.R TEN A• RY DATE_ REY LSI DNA >N,,,yl„T„ "P W. SEH rR Rov TIE MEN EDEN PRAIRIE,MINNESOTA 51P6/1A 2J2rfnff_ ,;- - it j, -: 4-1 s-41%4.40.r,44::.: 'Ik.l.i i - T9 \ 1 I. SALVAGE AND RE ma iCP$O L Z. ONLY SAND. GRAVEL\\\DR ROCK 44r DE PLACED IN Cl•IARRE4 GEO ..cpP ei 9. EDGE OF BAWL AND EDGE OF WATER BOUNDARY 1INES ARE BADEN ON AN AERIRL E VA E*00 ICI 9+D01 • 785 o M1 m .. m : .... .... 785 .. - - ... 780 780 775 - - 775 770 E 770 SY ING CRE Ex ipu_19E4:. _ - § 760 760 P 755 : 755 i. 750 ...... 750 g 745 745 _ Ba50 7!00 _ 1 @_ 8413 —--9±4.0 9430 _ Heber p[e[A'r Noy my RAY In.P.A.MEC.s,' 1 neslcHin= fr2.n. - - ix AA „r ORM SVEeNaan Pw WI Iw RILEY CREEK BANK one No. 10 uLA LCENSEo oorEsmeN.ENeneeA,eSEA RESTORATION PROJECT PLAN & PROFILE cHGCKE4 Br: •.' — cLNS c..c 59A+r or•—"_w.A EGENP 1IOS]4J 190i PIP cY[Le LYev[.NATE MG ArPParEo Bn �r--- - — - "''• cC�y u++.E�UARAw sssu-9m REACH Fl—F2 SHEET 3 GATE NR' NY IAIE IIEYISILWS nHiw AN no SEI7 v.N e°Lon nz_aw exu GYe•9C•16V+ EDEN PRAIRIE,MIIVNESQTA D RN IH 10 e DESIGN IEW wa. CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda June 15, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 02-5585 ITEM NO.: VIII.G. Leslie Stovring Approve the Annual Report for the Phase Public Works/Environmental II NPDES Storm Water Permit Program Requested Action Move to: Approve the Annual Report for the Phase II NPDES Storm Water Permit Program Synopsis The City of Eden Prairie is required to submit an Annual Report to the Minnesota Pollution Control Agency documenting how the City progressed on the Best Management Practices (BMPs) outlined in our Stormwater Pollution Prevention Plan (SWPPP). Background Information The City's SWPPP was developed in April 2003 and revised in June 2006. The SWPPP provides a series of Best Management Practices (BMPs) which the City must undertake to assist in improving water quality within the City. The Annual Report provides the MPCA with the actions that the City took during the year to meet the goals outlined in our BMPs. The Annual Report will be posted on the Environment& Water Resources section on the City's web site along with the SWPPP and BMP Summary Sheets. There are a large variety of actions the city must take to meet their obligations under the stormwater permit program. Actions taken in 2009 to meet these objectives included items such as: • Adopt a Street— Seventeen groups participated in the program in 2009. • Annual P ublic M eeting — The p ublic m eeting was h eld at the May 11, 2010 pr for t o t he Conservation C ommission m eeting. Fourteen residents attended the me eting. No c omments were received during the public comment period. • Build Y our Own Rain B arrel Workshop — Provided a rain barrel workshop on J une 27, 2009 that i ncluded i nformation on how t o m anage s tormwater r unoff from y our pr operty. Ten residents attended the workshop. • Build Your Own Raingarden Workshop—Held two educational workshops in coordination with the C ity of M innetonka and the Nine Mile C reek Watershed D istrict on April 16 th and April 29th. Approximately 20 Eden Prairie residents attended the two seminars. • Chamber of Commerce Yard& Garden Expo—Worked with the Chamber to add environmental messages an d educational ex periences for k ids t o the E xpo. 0 ver 250 ki ds s topped a t the children's a ctivity area. T he c ity also scheduled workshops on rainwater h arvesting and incorporating na tive pl ants i nto your 1 andscaping. T he C ity h elped a dvertise t he ev ent b y inserting a flyer in the January, February and March utility bills. • Citizen Assisted Monitoring Program (CAMP)—Volunteers monitored Mitchell and Riley Lake • City Clean Up Day—Approximately 1,100 residents attended and dropped off 168 tons of trash. • Compost B in &Rain B arrel S ales E vent — Worked with H ennepin County and the Recycling Association of Minnesota to promote a distribution event held from August 18 —August 19. • Conservation Commission — The Commission held a number of programs that were published for t he public. T his i ncluded t he a nnual s tormwater m eeting a nd s peakers on Lake W ater Quality (Blue Water Science) and S treambank Restoration(SRF Consulting). A j oint meeting was held with the Parks, Recreation and Natural Resources Commission on August 3, 2009 t o discuss goose management, natural area management and recycling in parks. • Education Coordination — City staff participated in the Nine Mile Creek Watershed District's annual watershed tour and helped kick off the District's new education program. • Environmental Learning C enter — Developed a ne w out door e ducational s ign di scussing stormwater treatment. The sign will be installed in 2010. • `Environmental Times"—The newsletter was inserted in spring and winter utility bills • Goose M anagement — Continued the volunteer program t o ha rass or di sperse geese i n E den Lake P ark. T his park has a 1 arge f all m igration popul ation t hat c annot be a ddressed us ing traditional management measures. • Let's Keep it Clean education program — Assisted in developing advertisements for 1 ocal and regional media outlets and continued use of the "Fishbowl: Plop the Fish" and"Rubber Ducky" videos for educational events and on local cable television. • "Life in the Prairie" — Included articles on topics such as the Clean Up day, "Adopt-a-Street", Household Hazardous Waste disposal, fall lawn care,upcoming workshops and others. • Metro Children's Water Festival—Participated in the annual educational festival which provides educational opportunities to approximately 1,500 fifth grade students on one day in September. The F estival is designed to provide students with hands-on opportunities t o learn about water and its importance to people and the natural environment. • Municipal Cities Stormwater Coalition — Participated in the coalition of cities that are required to have a Stormwater Permit by the Pollution Control Agency. This group provides information to cities on items such as annual report requirements,upcoming legislative changes and general information on the stormwater permit program and how it impacts city programs. • Stormwater Inspections — Inspected 283 water bodies (31%) and 416 inlets (27%). As a result of the inspections, routine maintenance was performed on 49 water bodies and inlets. • Stormwater Repair Projects - Completed a streambank erosion stabilization project for a portion of P urgatory C reek i mmediately s outh of R iverview Road, cleaned an d repaired a s eries o f stormwater wetlands within the Bent Creek Golf Course, worked with the Riley-Purgatory-Bluff Creek W atershed D istrict t o c lean out a nd expand t wo ponds w est of R ound Lake a nd completed plans for repairing two ponds south of Riverview Road. • Street Sweeping — A total of 1,943 tons of material were swept from city streets in 2009. This included 598 hours of staff time. • TMDLs — Participated in a series o f meetings for the Nine Mile Creek Total Maximum Daily Load(TMDL) analysis which started in April 2009. • Waterosity — Conservation C ommission m embers a ttended t he W aterosity e vent a t t he Landscape A rboretum in J my 2009 a nd p rovided m aterials on e arth-friendly 1 andscaping, rainbarrels, raingardens and recycling. • Wetland Health Evaluation Program — Eleven volunteers monitored 4 wetlands. A recognition event sponsored by Hennepin County was held on February 10, 2010. Attachments • Annual Report �• Q .1' Minnesota Pollution Control Agency s Minnesota Pollution �$ ,� NPDES/SDS Small MS4 Report Form Control Agency pRoo The purpose of this rep ort is to co ntribute information to an ev aluation of the N PDES small municipal separate storm sewer system (MS4)permit program. Consistent with 40 CFR§1 22.37 the U.S.Environmental Protection Agency is assessing the status of the program nation-wide.A"no"answer to a question does not necess arily mean noncompliance with your permit or with the federal regulations.In order to establish the range of variability in the program it is necessary to ask questions along a fairly broad p erformance continuum.Yo ur perm itting auth ority may use so me o f this inform ation as on e c omponent of a compliance evaluation. 1. MS4 Information City of Eden Prairie Name of MS4 Leslie Stovring Environmental Coordinator Name of Contact Person(First) (Last) (Title) (952) 949-8327 Itovring@edenprairie.org Telephone(including area code) Email 8080 Mitchell Road Mailing Address Eden Prairie MN 55344 City State ZIP code What size population does your MS4 serve? 62,604 What is the reporting period for this report?(mm/dd/yyyy) From 01/01/2009 to 12/31/2009 2. Water Quality Priorities A. Does your MS4 discharge to waters listed as impaired on a state 303(d)list? ll Yes ❑No B. If yes,identify each impaired water,the impairment,whether a TMDL has been approved by EPA for each,and whether the TMDL assigns a wasteload allocation to your MS4.Use a new line for each impairment, and attach additional pages as necessary. Impaired Water Impairment Approved TMDL TMDL assigns WLA to MS4 Lower Riley Creek Turbidity ❑Yes ll No ❑ Yes ®No Nine Mile Creek Chloride, Turbity, Fish Bioass ['Yes ®No ❑ Yes No Bryant Lake Phosphorus, mercury El Yes p No ❑ Yes ©No Duck Lake Phosphorus ❑Yes ©No ❑ Yes ©No Mitchell Lake Phosphorus ❑Yes ❑✓ No ❑ Yes ©No Red Rock Lake Phosphorus, mercury ❑Yes l No ❑ Yes ❑✓ No Staring Lake Phosphorus,mercury ❑Yes ®No [' Yes ©No Minnesota River Fecal coliform, PCB, turbidity ['Yes ll No ❑Yes ❑✓ No C. What specific sources contributing to the impairment(s)are you targeting in your stormwater program? Stormwater runoff(nutrients), stormwater sediment, creek bank stabilization D. Do you discharge to any high-quality waters(e.g.,Tier 2,Tier 3,outstanding natural resource waters,or other state or federal designation)? ❑ Yes El No E. Are you implementing additional specific provisions to ensure their continued integrity? ❑ Yes ✓❑ No Small MS4 Annual Report Form (cont) 2 3. Public Education and Public Participation A. Is your public education program targeting specific pollutants and sources of those pollutants? 0 Yes ❑No B. If yes,what are the specific sources and/or pollutants addressed by your public education program? Yard care (nutrients), pet waste, garbage (illicit dumping and haz waste), infiltration (nutrients) C. Note specific successful outcome(s)(e.g.,quantified reduction in fertilizer use;NOT tasks, events,publications)fully or partially attributable to your public education program during this reporting period. Park cleanup resulted in a reduction of trash left in the environment D. Do you have an advisory committee or other body comprised of the public and other IZI stakeholders that provides regular input on your stormwater program? Yes ❑No 4. Construction A. Do you have an ordinance or other regulatory mechanism stipulating: Erosion and sediment control requirements? 0 Yes ❑No Other construction waste control requirements? 0 Yes 0 No Requirement to submit construction plans for review? 0 Yes ❑No MS4 enforcement authority? 0 Yes ❑No B. Do you have written procedures for: Revi ewing construction plans? 0 Yes ❑No Perform ing inspections? 0 Yes 0 No Resp onding to violations? 0 Yes 0 No C. Identify the number of active construction sites> 1 acre in operation in your jurisdiction at any time during the reporting period. 2 D. How many of the sites identified in 4.0 did you inspect during this reporting period? 2 E. Describe,on average,the frequency with which your program conducts construction site inspections. Weekly and after large storm events F. Do you prioritize certain construction sites for more frequent inspections? 0 Yes 0 No If Yes,based on what criteria? Effectiveness of on-site controls and past history with inspections G. Identify which of the following types of enforcement actions you used during the reporting period for construction activities,indicate the number of actions,or note those for which you do not have authority: ❑ Yes Notice of violation #0 No Authority 0 ❑ Yes Administrative fines #0 No Authority❑ ❑ Yes Stop Work Orders #0 No Authority 0 ❑ Yes Civil penalties #0 No Authority❑ ❑ Yes Criminal actions #0 No Authority 0 ❑ Yes Administrative orders #0 No Authority 0 ❑ Yes Other # H. Do you use an electronic tool(e.g.,GIS,data base,spreadsheet)to track the locations, 0 Yes ❑No inspection results,and enforcement actions of active construction sites in your jurisdiction? I. What are the 3 most common types of violations documented during this reporting period? Erosion control - poor installation or failure J. How often do municipal employees receive training on the construction program? Annual Small MS4 Annual Report Form (cont) 3 5. Illicit Discharge Elimination A. Have you completed a map of all outfalls and receiving waters of your storm sewer system? 0 Yes ❑No B. Have you completed a map of all storm drain pipes and other conveyances in the storm sewer yes ❑No system? C. Identify the number of outfalls in your storm sewer system. 1,461 D. Do you have documented procedures,including frequency, for screening outfalls? 0 Yes 0 No E. Of the outfalls identified in 5.C,how many were screened for dry weather discharges during this reporting period? Unk F. Of the outfalls identified in 5.C,how many have been screened for dry weather discharges at any time since you obtained MS4 permit coverage? Unk G. What is your frequency for screening outfalls for illicit discharges? Describe any variation based on size/type. During our required inspections, minimum of once each 5 years. H. Do you have an ordinance or other regulatory mechanism that effectively prohibits illicit discharges? 0 Yes ❑No I. Do you have an ordinance or other regulatory mechanism that provides authority for you to 0 Yes 0 No take enforcement action and/or recover costs for addressing illicit discharges? J. During this reporting period,how many illicit discharges/illegal connections have you discovered? 0 K. Of those illicit discharges/illegal connections that have been discovered or reported,how many have been eliminated? L. How often do municipal employees receive training on the illicit discharge program? Annually 6. Stormwater Management for Municipal Operations A. Have stormwater pollution prevention plans(or an equivalent plan)been developed for: All public parks,ball fields,other recreational facilities and other open spaces ❑ Yes 0 No All municipal construction activities,including those disturbing less than 1 acre ❑ Yes 0 No All municipal turf grass/landscape management activities ❑ Yes 0 No All municipal vehicle fueling,operation and maintenance activities ❑ Yes 0 No All municipal maintenance yards ❑ Yes 0 No All municipal waste handling and disposal areas ❑ Yes 0 No Other B. Are stormwater inspections conducted at these facilities? 0 Yes ❑ No C. If Yes, at what frequency are inspections conducted? Minimum of weekly, some almost daily in season D. List activities for which operating procedures or management practices specific to stormwater management have been developed(e.g.,road repairs, catch basin cleaning). Road repairs, catch basin/sump cleaning E. Do you prioritize certain municipal activities and/or facilities for more frequent inspection? 0 Yes ❑No F. If Yes,which activities and/or facilities receive most frequent inspections? Catch basins that are often full G. Do all municipal employees and contractors overseeing planning and implementation of ❑ yes 0 No stormwater-related activities receive comprehensive training on stormwater management? H. If yes,do you also provide regular updates and refreshers? ❑ Yes 0 No I. If so,how frequently and/or under what circumstances? Annually by onsite training or email communication Small MS4 Annual Report Form (cont) 4 7. Long-term (Post-Construction) Stormwater Measures A. Do you have an ordinance or other regulatory mechanism to require: Site plan reviews for stormwater/water quality of all new and re-development projects? 0 Yes ❑No Long-term operation and maintenance of stormwater management controls? 0 Yes ❑No Retrofitting to incorporate long-term stormwater management controls? ❑Yes Z No B. If you have retrofit requirements,what are the circumstances/criteria? C. What are your criteria for determining which new/re-development stormwater plans you will review(e.g., all projects, projects disturbing greater than one acre,etc.) Plans reviewed by engineering or building depts. D. Do you require water quality or quantity design standards or performance standards,either directly or by reference to a state or other standard,be met for new development and 0 Yes ❑No re-development? E. Do these performance or design standards require that pre-development hydrology be met for: Flow volumes ❑Yes 0 No Peak discharge rates ❑Yes Z No Discharge frequency ❑Yes Z No Flow duration ❑Yes Z No F. Please provide the URL/reference where all post-construction stormwater management standards can be found,or e-mail to MS4PermitProgram.PCA@state.mn.us an electronic copy of the ordinance or other regulatory mechanism as specified in Part V.G.5 of the permit. www.edenprairie.org/vCurrent/upload/contents/228/City%20Code%20Chapter%2011%205-2010.pdf G. How many development and redevelopment project plans were reviewed during the reporting period to assess impacts to water quality and receiving stream protection? 18 H. How many of the plans identified in 7.G were approved? 9 I. How many privately owned permanent stormwater management practices/facilities were inspected during the reporting period? Unk J. How many of the practices/facilities identified in I were found to have inadequate maintenance? 4 K. How long do you give operators to remedy any operation and maintenance deficiencies identified during inspections? No time limit given for private facilities for 2009 findings L. Do you have authority to take enforcement action for failure to properly operate and maintain ®Yes ❑No stormwater practices/facilities? M. How many formal enforcement actions(i.e.,more than a verbal or written warning)were taken for failure to adequately operate and/or maintain stormwater management practices? None N. Do you use an electronic tool(e.g.,GIS, database, spreadsheet)to track post-construction BMPs, inspections and maintenance? 0 Yes ❑No O. Do all municipal depailinents and/or staff(as relevant)have access to this tracking system? ❑ Yes 0 No P. How often do municipal employees receive training on the post-construction program? As needed 8. Program Resources A. What was the annual expenditure to implement MS4 permit requirements this reporting period? $783,641 B. What is next year's budget for implementing the requirements of your MS4 NPDES permit? $1,191,250 Small MS4 Annual Report Form (cont) 5 C. This year what is/are your source(s)of funding for the stormwater program, and annual revenue(amount or percentage) derived from each? Source: Stormwater utility fee Amount$848,376 OR% Source: Amount$ OR% Source: Amount$ OR% D. How many FTEs does your municipality devote to the stormwater program(specifically for implementing the stormwater program; not municipal employees with other primary responsibilities)? 4 E. Do you share program implementation responsibilities with any other entities? Yes ❑No Entity Activity/Task/Responsibility Your Oversight/Accountability Mechanism Nine Mile Creek WD TMDL Implementation for Nine Mile Creek Technical Advisory Committee member Riley Purgatory WD Lake Management/Impaired Waters Programs Technical Advisory Committee member Lower MN River WD Education &erosion stabilization projects Project management 9. Evaluating/Measuring Progress A. What indicators do you use to evaluate the overall effectiveness of your stormwater management program,how long have you been tracking them, and at what frequency? These are not measurable goals for individual management practices or tasks,but large-scale or long-term metrics for the overall program, such as macroinvertebrate community indices, measures of effective impervious cover in the watershed,indicators of in-stream hydrologic stability, etc. Began Tracking Number of Indicator (year) Frequency Locations Multi-Lake Monitoring Program 2004 Annual Riley Creek WOMP Station (Met Council) 2008 Year round 1 Wetland Health Evaluation Program (WHEP) 2002 Annual 4/yr B. What environmental quality trends have you documented over the duration of your stormwater program?Reports or summaries can be attached electronically,or provide the URL to where they may be found on the Web. Lake quality data collected for key lakes. Summary table developed for 2003 -2009 for submittal to the City Council for review for key lakes (Bryant, Mitchell, Red Rock, Riley and Round Lakes) is attached. Riley Creek WOMP data is compiled by the Metropolitan Council and will be used for development of the TMDL for the creek (projected to start in 2014). Data is with the Metropolitan Council. Wetland Health Evaluation Program monitors 4 wetlands per year with a total of 18 wetlands monitored from 2002 - 2009. The goal of the program is to monitor the effectiveness of wetland mitigation projects although other key wetlands are monitored also. The majority of the wetlands monitored are moderate quality. Small MS4 Annual Report Form (cont) 6 10. Additional Information In the space below,please include any additional information on the performance of your MS4 program. If providing clarification to any of the questions on this form,please provide the question number(e.g.,2C) in your response. Question 2.B. Bluff Creek-The Eden Prairie reach has been removed from the TMDL analysis being conducted by the City of Chanhassen as Eden Prairie does not contribute to the problem. Impaired for turbidity and fish bioassessment. Lotus Lake-Although located in Chanhassen, a portion of Eden Prairie drains here. No TMDL has been approved for the lake. Impaired for phosphorus. Round Lake - Impaired for mercury ony, no TMDL has been approved. Smetana Lake - Impaired for mercury only, no TMDL has been approved. Question 6.G. The question includes reference to "all contractors"for training. We do not track all contractors and as such answered no as we do not know. We do provide training for municipal employees. Question 7.E We do require that the discharge rate meet pre-development hydrology. Peak Discharge Rate must meet pre-existing conditions, but that would not necessarily be pre-development. We were unclear what some of the terminology in this list referred to exactly. Certification Statement and Signature I certify that all information provided in this report is,to the best of my knowledge and belief,true, accurate and complete. ❑ Yes Federal regulations require this application to be signed as follows:For a municipal,State,Federal,or other public facility:by either a principal executive or ranking elected official. Name of Certifying Official, Title Date(mm/dd/yyyy) Submit CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 15, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 02-5576 ITEM NO.: VIII.H. Denise Christensen Adopt resolution approving the Public Works/Engineering revocation and designation of a portion of County State Aid Highway No. 39 Requested Action Move to: Adopt resolution approving the revocation and designation of a portion of County State Aid Highway No. 39 Synopsis With the turnback of Flying Cloud Drive (Old Trunk Highway 212) from MnDOT to the County it is necessary to extend the designation of CSAH 39 to Flying Cloud Drive. This resolution is required by the MnDOT State Aid office to process the designation of CSAH 39. Background Information The original Commissioner's Order in 1981 designating CSAH 39 (Valley View Road)was written before the construction of the overpass over TH 212 (formerly TH 169), and was not updated to reflect the changes in location of Valley View Road at the time of the interchange construction. TH 212 previously ran across the bridge on Valley View Road and so the designation of CSAH 39 ended at the northerly ramp from TH 212 (also known as Bryant Lake Drive). With the construction of the new Highway 212 and the subsequent turnback of Flying Cloud Drive (Old Trunk Highway 212) from MnDOT to the County the section of Valley View Road between the north ramp and Flying Cloud Drive was left undesignated, creating a discontinuity in the County State Aid Highway system. This revocation and designation will clarify the description and close the gap in the CSAH system. The City's acceptance of the revocation and designation is required by MnDOT's State Aid office. Attachments • Resolution • Map of CSAH 39 Designation CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2010- REVOCATION AND DESIGNATION OF COUNTY STATE AID ROAD NO. 39 WHEREAS, the City Council of the City of Eden Prairie is the official governing body of the City of Eden Prairie; and WHEREAS, the County of Hennepin has agreed to revoke that portion of County State Aid Highway No. 39 described as follows: Beginning at the intersection of CSAH 39 (Valley View Road) and Interstate Highway No. 494 in the City of Eden Prairie, thence easterly and southeasterly along Valley View Road, as described in Commissioner's Order No. 65318, to a point located approximately 120 feet north and 70 feet west of the southeast corner of the northeast quarter of the southeast quarter(NE 1/4 SE 1/4) of Section 11, Township 116 N, Range 22 W, and there terminating; and WHEREAS, the County has agreed to designate as County State Aid Highway No. 39 the road described as follows: Beginning at the intersection of CSAH 39 (Valley View Road) and Interstate Highway No. 494 in the City of Eden Prairie, thence easterly and southeasterly along Valley View Road to its intersection with Flying Cloud Drive, and there terminating, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie that the above revocation and designation of CSAH 39 is in all things approved. ADOPTED by the Eden Prairie City Council on June 15, 2010. Phil Young, Mayor ATTEST: SEAL Kathleen Porta, City Clerk \ / Y L. Lu j j I cr EIS j o. I I IQ 722 2 494 0 EDEN PRAIRIE r J —) u. T- - — •— —------1----VALLEY VIEW RD — — IY Existing Terminus ® � CSAH 39 ‘4's / ilpj I � � New Terminus Eal ----'-igib 1 leo.S9 CSAH 39 ;J Sec 11 ; Sec 12 JI" v -116 T-116 R 22 --= i TECHN�LO_G_Y_DR. — - - -____ �� - - - - - - — ��� - - - -j ---- ST-116 Sec -116 A R-22 R-22 o i CC *%. ILEONA RD Z CI p Li C.) i �941 ca -- T — — — — ----- ---J---o ----T--Q a 78TH sT vv SING4,_ o I <(/ REE LN 1-1-1 -------------H e Revocation/Designation : CSAH 39 N Located in the City of Eden Prairie A Hennepin County, Minnesota ----• Section Line Designation (.75 Mi) ii Hennepin County Quarter Line Revocation (.70 Mi) Transportation Planning - - Sixteenth Line Date: 5/12/2010 File: CSAH 39 Turnback of TH 212.mxd - '-I CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 15, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.I. Office of City Manager Resolution Approving Appointment of Election Kathleen Porta, City Clerk Judges for the 2010 Primary and General Election Requested Action Adopt the resolution approving the appointment of election judges for the primary election, August 10, 2010 and general election,November 2, 2010. This resolution also authorizes the Hennepin County absentee ballot board to review absentee ballots voted in person at Hennepin County by Eden Prairie residents. Synopsis State Statute 204B.21, Subd.2 requires appointment of election judges by the City Council at least 25 days before the election. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2010- WHEREAS, Minnesota Election Law 204B.21 requires that persons serving as election judges be appointed by the Council at least 25 days before the election. BE IT RESOLVED by the City Council of the City of Eden Prairie that the following persons have agreed to serve as election or alternate judges and are appointed for the Primary Election to be held August 10, 2010, and/or the General Election to be held November 2, 2010. BE IT RESOLVED the City Council also authorizes the Hennepin County Absentee Ballot Board to serve as members of the Eden Prairie Absentee Ballot Board. BE IT FURTHER RESOLVED that th e C ity C lerk is w ith th is, a uthorized to ma ke a ny substitutions or additions as deemed necessary. Donald Affolter Mario Carrington Wanda Eggebrecht Bryan Hanson John Alfinito Nicholas Cavara Jane Eide Gregory Harcus Londa Amundson Jeanne Chevalier Carol E.Ellison Glenda Hawkins Janelle Anderson Cassandra Christensen Loretta M.Ellison Joanne Heck David C.Anderson Richard Christensen Calvin Engelstad Jacqueline Heinrich Sonja Anderson Fay E.Clark Kristine Falk David Hermanson Betty J.Anderson James G. Clark William Falk Alice Hess Kenneth Anderson Barbara Clinton Tonya Fitzgerald Ann Higgins Nancy Aulizia Nancy Cohen Marilyn Flavin Robert Higgins Linda Baillie Nancy Conboy Linne Forester Rosemarie Hilk Manjit Bajwa Curtis Connaughty Shirley Frantz Julayne Hill Russell Baker II Pete Connors Carol Fredrickson Virginia Hoffman Jessica Ballantine Marge Connors Barbara Freeman Karen Hollingsworth Bernadine Beauvais Janet Court Donnamae Fritz Mary Holt Donna Bechthold Arnold Court Sharon Gates Denise Howe Lisa Bengston James Cragg Gordon E.Gilbert Eugene Howe Kenneth E.Berg Ellen Crump June Gilbert Jill Ingvalson Floyd Berntsen Janice Curielli Jane Goke Kyle Johnson Louise Blackard Allison Curtis Kristine Goldman Janice Johnson Philip M.Bly Kenneth Dahlager Roberta Gorman Mark Johnson John H.Bode Sonja Dahlager Carl A. Grande Marybeth Johnson Nancy Bollweg Jayne Dakay Carol Gregoire Jill Judlin Burt Boudreaux Melinda Desmarais Arlyn Grussing Gordon L.Justus Shirley Boyington Mike Diede Bonnie Grussing Madeline Kalmbach Stacey Bozanich Lorraine Dilling Steve Gunhus Tracy Keibler Laurey Brink Larry Doig Floyd Hagen Cynthia Keives Mary Anne Bryndal John Dollerschell Lois Hall Shawn King Robert Buchholz Helen Doyle Caryl Hansen Kathlyn Kinghorn Barbara Buehl Sarah DuBord John Hansen Karen Kirchoff Joyce Byers John Duffy Matthew D.Hansen Jeffrey Kirst Eileen Canakes Joseph Dupont Kermit P.Hansen Alvin Kleven Karen Carl Daniel Dylla Katherine Hanson Doreen Kloth John R. Carlson Rose Ann Egan Feiona Hansen Janet Kratz Alvin Krause Bernadine Moser Lisa Ramsey Jacqueline Tornoe Dolores Krause Donna Murphy Dawn Rischmiller Kristin Traughber Mark Krueger Jean Myers John Roschen Dennis Trisler LeAnne Kruger Joyce Myhre Rod Rue Judith Truc Bonnie Veverka Kuch Donald A.Nelson Rosa Rummel Randi Usher Jodeen LaFrenz Janet Neville Kay Schaffler Jo M.Van Remortel William LaGrange Randy Newton Karen Schendel June Vavreck Judi Laurence Mary Nierman Rebecca Schoeneck Karen Vickman Ruth Lawless Paul A.Nierman Beth Schrader Cherly Vinson Marlene Lawson Victoria E.Nipper Cheryl Schraeder Nancy Virnig Marilyn Legler Marlene Nolan Nora Schroeder Mary Vogel Herbert J.Legler Richard A.Nondorf Mary Scott Mark Voorhees Gayle Levi-McLouden Georgett Nunes Katherine Seger Richard Weaver Lori Lhotka Sue Oftelie Shaun Sullivan Lauren Weaver Nancy C.Little Joan O'Leary Roger Shipp Connie Lee Webber Marjorie Loomis Alan K. Olson William Shogren Benedict Webber Karen Luchau Dave Olson Sandra Shumate Maurice Weiler Elaine MacDonald Jeri Ostenson Patrick Slator Mary Weston Geneva L.MacMillan Jackie Ostenson Gloria W. Smith Eugenia Williams Lydia Martinson Ruth Otis Lisa Smith Baker Margaret Williamson Melissa McKeen Marc Papineau Brad R. Starr Maureen Williamson Judith McKloskey Carol Pierce Thomas Stein James Wilson Lorene McWaters Dean A.Pelton Douglas Stewart JoAnne M.Wilson Gregory Meade John Peters Susan Stewart Jack Winslow Francis Merriman Geraldine J.Peterson Tong Stone Basil Wissner Andrew Meuwissen Laura Philips Charles Stone Jane Wittich Kathleen Millberg Brad Piras Paul Sundell Cynthia Wolfe Chuck Millberg Donna Piras Eleanor M. Taggatz Mary Wyckoff-harcus Clarence Monson Donald Pitsch Kerry Taylor Norman York Margaret Morrison Cheryl Poling Marc Thielman Michael Youngbauer Anthony Moser Susan L.Pratt Nancy J.Thompson Anne Zara ADOPTED by the Eden Prairie City Council on this 15th day of June, 2010. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 15, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.J. Paul Sticha Building Restoration Maintenance Facilities Projects for 2010 Requested Action Move to: Award Contract for 2010 Building Maintenance projects to Restoration Systems, Inc, in the amount of$69,728.00. Synopsis Restoration Systems, Inc. $ 69,728.00 A.J. Spanjers Company, Inc. $ 90,625.00 Advance Masonry Restoration $ 91,857.00 American Masonry Restoration $114,990.00 Western Waterproofing Company declined to bid at the last moment. Background Information • Plans and specifications were prepared by EPI • Bids were received and opened on Thursday, June 3, 2010, for the 2010 Building Maintenance Projects • The low bid from Restoration Systems was reviewed and found to be complete. Attachments • Bid tabulation and recommendation letter from EPI attached Environmental Process, Inc. 715 Florida Avenue South,Suite 111,Golden Valley,MN 55426-1700 Fr Phone: 763-398-3040•Fax: 763-398-0121 •email: epimpls@rconnect.com•www.go-epi.com June 4, 2010 Mr. Paul Sticha Facilities Manager City of Eden Prairie 8080 Mitchell Road Eden Prairie, Minnesota 55344-4485 Re: City of Eden Prairie 2010 Exterior Building Envelope Maintenance EPI No.: 2010-148 Dear Mr. Sticha: Environmental Process, Inc. (EPI) reviewed the City of Eden Prairie - 2010 Exterior Building Envelope Maintenance project work scope with Mr. Bob Yaritz of Restoration Systems, Inc. and there were no questions. Bob Yaritz indicated that they will be ready to start work as in the tentative schedule or earlier. The work schedule will be discussed in the preconstruction meeting. Restoration Systems, Inc. is based in Chaska, Minnesota. EPI has worked with Restoration Systems, Inc. in the past. Restoration Systems, Inc. successfully completed the City of Eden Prairie—2005 Exterior Building Envelope Maintenance project, the City of Eden Prairie — 2008 Exterior Building Envelope Maintenance project, and the City of Eden Prairie — 2009 Exterior Building Envelope Maintenance project. Based on the review of project work scope with Restoration Systems, Inc. and the fact that they are the low bidder we recommend awarding the project to them. EPI recommends that the base bid cost of $69,728.00 for the 2010 Exterior Building Envelope Maintenance project be accepted from Restoration Systems, Inc. Please call (763) 398-3040 with any questions, comments. Sincerely, ENVIRONMENTAL PROCESS, INC. gee1..v.4 e Denny Langer, PE Project Manager Attachment: Recap of Bids CITY OF EDEN PRAIRIE 2010 EXTERIOR BUILDING ENVELOPE MAINTENANCE EPI PROJECT NO: 10-148 RECAP OF BIDS —JUNE 3,2010 Bid Date: Thursday June 3, 2010 Time: 10:00 AM CONTRACTORS A.J.Spanjers Advanced American Restoration Western Company, Masonry Masonry Systems,Inc. Waterproofing Inc. Restoration Restoration Company BASE BID: 6 ao t ?5 J.. co ' .< < 15 0 uo � Appendix A-Q Affidavit Non Collusion Received (Yes 1 No) �5 110 tQS ye s UNIT COSTS: Tuckpointing(CMUIBrick) (Per linear ft.) Sca.00 0 3.5-0 !(.7_ 00 1 [?.CCU Control Joint/Expansion Joint Replacement(Per linear ft.) 12.•00 [ry.U) i Caulk door/window, head / jambs/sills f $ C (Per linear ft.) `Z.UD • '� '1,01) 1_CID Replacement of Concrete Sidewalk 1 Patio (Per square $ ft.) 17- v t is_ ) Os:oo 1Z.00 Aotda,,,,L, (Q0. 1 `!ei 1 Yes \16,s I yes CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda June 15, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO: VIII.K. Office of City Manager Revised Administration Agreements for Karen Kurt, Human Resources Employee Flexible Spending Accounts Manager Requested Action Move to: Authorize City Manager to sign revised Adoption Agreement and Flexible Benefit Plan Administration Agreement with Genesis Benefits, Inc. Synopsis The Adoption Agreement and Administration Agreement changes are related to the introduction of debit cards for employee flexible spending accounts. Flexible spending accounts allow employees to set aside dollars on a pre-tax basis to pay for qualified medical expenses or dependent care. Debit cards are commonly used in conjunction with flexible spending accounts. The cards allow employees to make qualified purchases without using their own funds and waiting for reimbursement. Genesis Benefits, Inc. is the third party administrator for both flexible spending and HRA accounts through the City's participation in the Retirement Enhancements and Benefits Alternatives (REBA). REBA is a 501(c)(9) trust made up of public employers. This group uses its collective volume to negotiate lower prices on administration services. Attachments Adoption Agreement for the City of Eden Prairie Flexible Benefit Plan Administration Agreement GENESIS EMPLOYEE BENEFITS,INC. FLEXIBLE BENEFITS PLAN ADOPTION AGREEMENT FOR City of Eden Prairie Genesis Genesis_ Flex Employee Benefits., This is the Adoption Agreement referred to in the Genesis Employee Benefits, Inc. Flexible Benefits Plan. The Adoption Agreement plus the Genesis Employee Benefits,Inc. Flexible Benefits Plan Basic Plan Document constitute the"Plan." IMPORTANT: Once completed and signed,this document becomes part of the official documentation. Please review this Adoption Agreement carefully. The Adopting Employer hereby makes the following representations and selections: EMPLOYER INFORMATION: EMPLOYEES: Employer Name: City of Eden Prairie There were more than fifty(50)Employees In the last twelve months? Address: 8080 Mitchell Road ®Yes ❑ No City,State Zip: Eden Prairie, MN 55344 There were more than twenty(20)Employees in the last calendar year? Phone/Fax Number:952-494-8300/952-949-8589 El Yes ❑ No Type of Business Entity: Governmental,City Agent for Service of Legal Process: City of Eden Prairie State of Incorporation: Minnesota PLAN INFORMATION: EIN: 41-8554600 Check the one that applies(check only one box): IF the Plan Administrator is different than the Employer,please provide the ❑ The Plan is Intended to comply with ERISA, following: ® The Plan Is not intended to comply with ERISA,and any Name: references to ERISA do not bind the Plan to comply with ERISA. Address: City,State Zip: Plan Number: Phone/Fax Number: / Addendum(s)Attached? ❑ Yes ❑ No ARTICLE II: DEFINITIONS 2.12 Effective Date means: June 1, 2010 2.32 Plan Name means: City of Eden Prairie Flexible Benefits Plan Is this a Restatement: ® Yes❑ No 2.34 Plan Year commences on the first day of June and ends on the If Yes,original Effective Date:June 1, 1989 last day of May. 2.18 Employer means: City of Eden Prairie A short plan year begins on and ends on Subsidiaries and/or affiliates participating In the Plan are: 2.19 Employer Contribution-see 4.4 regarding Employer Contribution 2.20 Entry Date means: Date of Hire 2.29 Optional Benefit(s)means(check all that apply): Non-Reimbursement: Reimbursement: ® Group Medical Benefit ® Dependent Care Expense ® Group Dental Benefits Reimbursement Plan ® Group Term Life El Medical Expense Benefit and/or Group Reimbursement Plan AD&D Benefits ❑ Individual Premium Feature ❑ HSA Contribution ❑ Limited Scope Medical Feature Expense Reimbursement ❑ Cash Payment Plan ❑ Other: ARTICLE III: ELIGIBILITY AND PARTICIPATION 3,1 Eligibility requirements are as follows(check and complete only 3.3(b) Special rule for new hires: those that apply): ® As provided in the Basic Plan Document. ❑ Length of service: ❑ Other: • ❑ Minimum number of hours: ❑ Employment Classification: - ® Other: Full Time or Regular Part Time Employee ©2010 Genesis Employee Benefits,Inc. 1 Flexible Benefits Plan Adoption Agreement(No. 10.0.0.0) City of Eden Prairie GENESIS EMPLOYEE BENEFITS,INC.FLEXIBLE BENEFITS PLAN ADOPTION AGREEMENT FOR City of Eden Prairie ARTICLE IV: CONTRIBUTIONS 4.1 Salary reduction contributions shall occur: 4.9 Amount of the Employer Contribution for the Plan Year Is as ® Every payroll period. follows: ❑ Only two payroll periods per month. ® None. 4.2 Imputation of income (please choose one): ❑ $ per Participant. ❑ 4.2(a)applies. The Employer Contribution shall be provided as follows: • 4.2(b)applies. ❑ Per pay period. ❑ Per month ❑ Per quarter. ❑ Per year on or about the first day of the Plan Year. ❑ Other: Restrictions: ARTICLE V: ELECTIONS 5.1 Initial Elections: 5.4 Irrevocable Election rules are modified as follows: ® As provided in the Basic Plan Document. ❑ Other: 5.3 Annual Elections: ® As provided In the Basic Plan Document. ❑ Other: ARTICLE VI: ADMINISTRATION ARTICLE VIII: GENERAL PROVISIONS 6.1(b) Plan Administrator means: 8.10 General law—State of Minnesota ® As provided In the Basic Plan Document. ❑ Other: 6.8 Claims for Benefits shall be submitted via: ❑ Paper and online claims only. ® Paper and online claims and/or electronic payment. ARTICLE X: DEPENDENT CARE EXPENSE REIMBURSEMENT PLAN 10.3(a) Claims Run Out period: 60 Days 10.13(b) Other dependent care limitations are as follows: 10.9 Reimbursement of Dependent Care Expenses following ® N/A termination of participation: ❑ Other: ® Expenses Incurred while a Participant may be reimbursed if submitted within Claims Run-Out Period identified in Section 10.3(a). ❑ Expenses Incurred while a Participant may be reimbursed if submitted within 30 days following termination of participation. ❑ Expenses incurred during the Plan Year (whether while a Participant or after participation ceases)may be reimbursed if submitted within Claims Run-Out Period identified in Section 10.3(a). ❑ Other: ARTICLE XI: MEDICAL EXPENSE REIMBURSEMENT PLAN 11.3(a) Claims Run-Out period: 60 Days 11.9 Reimbursement of Medical Expenses following termination of participation: 11.3(b) Dependent means: ® Expenses incurred while a Participant may be reimbursed ® As provided In the Basic Plan Document. if submitted within the Claims Run-Out Period Identified In ❑ Other: Section 11.3(a). 11.3(d) Medical Expense means: ❑ Expenses incurred while a Participant may be reimbursed ® As provided In the Basic Plan Document. within 30 days following termination of participation. ❑ Other: ❑ Other: 11.8 The maximum reimbursement a Participant may receive for a 11.12(a) Claims Grace Period(as defined in Section 2.6 of the Plan): Plan Year Is:$5,000.00 ® Does not apply to ME Account. ❑ Applies to the ME Account. For a short Plan Year,the maximum reimbursement is: ® Not applicable. 11.16(e) Other Medical Expense Reimbursement Plan limitations are as ❑ Pro-rated. follows: ❑ Unchanged. ® None. ❑ Other: For Participants joining the Plan mid-Plan Year,the maximum Is: ❑ Pro-rated. ® Unchanged. ©2010 Genesis Employee Benefits, Inc. 2 Flexible Benefits Plan Adoption Agreement(No. 10.0.0.0) City of Eden Prairie GENESIS EMPLOYEE BENEFITS,INC. FLEXIBLE BENEFITS PLAN ADOPTION AGREEMENT FOR City of Eden Prairie ARTICLE XIV: INDIVIDUAL PREMIUM FEATURE 14.3(a) Claims Run-Out period: 14.6 Claims administration by: 14.3(b) Dependent means: ❑ Plan Administrator. ❑ As provided in the Basic Plan Document, ❑ Claims Administrator. ❑ Other: ❑ Other: 14.3(g) Insurance Contract means: 11.7 Reimbursement of Individual Premium Expenses following ❑ As provided in the Basic Plan Document, termination of participation: ❑ Just specialty coverages(e.g.,cancer,vision, hospital ❑ Expenses Incurred while a Participant may be reimbursed indemnity,transplant,dental). if submitted within Claims Run-Out Period identified in ❑ Just individual major medical; to the extent permitted Section 11.3(a). under law. ❑ Expenses incurred while a Participant may be reimbursed ❑ Other: within 30 days following termination of participation. 11.6 Form of benefit: ❑ Expenses incurred during Plan Year(whether while a ❑ Direct payment to insurance carrier. Participant or after participation ceases)may be ❑ Reimbursement to Participant. reimbursed if submitted within Claims Run-Out Period ❑ Other: identified In Section 1,1.3(a). ❑ Other: ARTICLE XV: HSA CONTRIBUTION FEATURE 15.3(d) High Deductible Health Plan means: ❑ As provided in the Basic Plan Document. ❑ Other: ARTICLE XVI: LIMITED SCOPE MEDICAL EXPENSE REIMBURSEMENT PLAN 16.3(a) Claims Run-Out period: 16.9 Reimbursement of Limited Scope Medical Expenses following 16.3(b) Dependent means: termination of participation: ❑ As provided in the Basic Plan Document. ❑ Expenses Incurred while a Participant may be reimbursed if submitted within the Claims Run-Out Period Identified In ❑ Other: Section 16.12(a). 16.3(e) Limited Scope Medical Expense means: ❑ Expenses incurred while a Participant may be reimbursed ❑ As provided in the Basic Plan Document. within 30 days following termination of participation. ❑ Other: ❑ Other: 16.B The maximum reimbursement a Participant may receive for a 15.12(a) Claims Grace Period(as defined in Section 2,6 of the Plan): Plan Year is: 0 Does not apply to Limited Scope ME Account. ❑ Applies to the Limited Scope ME Account. For a short Plan Year,the maximum reimbursement is: ❑ Not applicable. 15.16(d) Other Limited Scope Medical Expense Reimbursement Plan ❑ Pro-rated. limitations are as follows: ❑ Unchanged. ❑ None. ❑ Other: For Participants joining the Plan mid-Plan Year,the maximum is; ❑ Pro-rated. ❑ Unchanged, ARTICLE XVII: CASH PAYMENT 17.2 Restrictions on"unspent"portion of the Employer Contribution: ❑ N/A ❑ Other: ACKNOWLEDGEMENTS 1. This Plan has been duly adopted or authorized to be adopted by the Employer's Managing Body. 2. Portions of this Plan are intended to be a"covered entity"for purposes of the Health Insurance Portability and Accountability Act(HIPAA), EMPLOYER: City of Eden Prairie Date: By: Its: ©2010 Genesis Employee Benefits,Inc. 3 Flexible Benefits Plan Adoption Agreement(No. 10.0.0.0) City of Eden Prairie Genesis FLEXIBLE BENEFITS PLAN Genesis, Flex Employee Benefits,. ADMINISTRATION AGREEMENT Effective June 1, 2010 between Genesis Employee Benefits, Inc. ("Claims Administrator") and City of Eden Prairie ("Adopting Employer"&"Plan Administrator") WHEREAS, City of Eden Prairie ("Adopting Employer") has heretofore adopted the City of Eden Prairie Flexible Benefits Plan (the"Plan"); and WHEREAS, the Plan is a cafeteria plan within the meaning of Section 125 of the Code; WHEREAS, the Plan names Adopting Employer as Plan Administrator and appoints Plan Administrator to act on behalf of the Plan; and WHEREAS, Adopting Employer is a governmental entity and, therefore, no portion of the Plan is an employee welfare benefit plan subject to the Employee Retirement Income Security Act of 1974 ("ERISA"); and WHEREAS, portions of the Plan are a "covered entities" subject to the privacy and security provisions of the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"); and WHEREAS, the Plan Administrator is the entity capable of acting on behalf the Plan for purposes of HIPAA; and WHEREAS, the Claims Administrator performs services (directly and indirectly) with respect to operating, administering, and providing recordkeeping for programs of the type of the Plan; and WHEREAS, the Plan Administrator desires that the Claims Administrator furnish certain services described in this Agreement in the operation and administration of the Plan; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and the exhibits and addenda, if any, attached hereto, effective June 1, 2010, the Plan Administrator and the Claims Administrator hereby agree as follows: I. Definitions The following Definitions shall apply to this Agreement: A. Administrative Services - means those services relating to the establishment, maintenance, and administration of the Plan to be performed by the Claims Administrator as set forth in this Agreement. B. Adopting Employer— means City of Eden Prairie. C. Adoption Agreement — means the Basic Plan Document Adoption Agreement for Adopting Employer, on effective date above. D. Agreement - means this Administration Agreement and any exhibits and addenda attached hereto and any outside agreements specifically incorporated by reference. E. Claims Account — means the checking account established by the Claims Administrator from which benefits under the Plan shall be paid. ©2010 Genesis Employee Benefits,Inc. 1 Non-ERISA Flex Administration Agreement (No. 10.0.0.0) F. Claims Administrator — means Genesis Employee Benefits, Inc., an independent contractor designated to perform certain administrative services pursuant to this Agreement with respect to the Plan. G. COBRA - means the Consolidated Omnibus Budget Reconciliation Act of 1985 (as it appears in the Code and the Public Health Services Act) and regulations thereunder, as amended from time to time. H. Code - means the Internal Revenue Code of 1986 and regulations thereunder, as amended from time to time. I. Effective Date - means the date upon which this Agreement, once fully executed by all parties, is first effective. J. HIPAA - means the Health Insurance Portability and Accountability Act of 1996 and regulations thereunder, as amended from time to time. K. Participant — means an individual who is participating in the Plan, including those on continuation coverage required under COBRA. L. Plan - means the City of Eden Prairie Flexible Benefits Plan, consisting of the Plan Document and the Adoption Agreement. M. Plan Administrator— means the entity as defined in the Plan. N. Plan Document — means the document through which the Plan is established, the Genesis Employee Benefits, Inc. Flexible Benefits Plan Basic Plan Document. O. PHI — means Protected Health Information for purposes of HIPAA. P. Summary Description — means the written document distributed directly or indirectly to Participants explaining the Plan. II. Plan Establishment&Maintenance A. Generally. Adopting Employer shall establish the Plan. The Plan Administrator shall be responsible for the operation and administration of the Plan. In accordance with this Agreement, the Claims Administrator shall provide administrative services to Adopting Employer and Plan Administrator in connection with the establishment of, the operation of, the administration of, and the recordkeeping for the Plan. B. Documents. Adopting Employer and Plan Administrator shall have ultimate responsibility for all aspects of the Plan documentation, including, but not limited to, the Plan Document, Summary Description, Plan amendments, and Summary Description updates. The Claims Administrator shall provide the Adopting Employer with services related to the initial preparation and periodic revision of the Plan Document, Summary Description, and related documentation. Adopting Employer and Plan Administrator shall approve all such materials within thirty (30) days following delivery by the Claims Administrator, unless such deadline is extended by mutual agreement of all parties. Adopting Employer's and Plan Administrator's failure to object within such time period (including any agreed upon extension period) shall constitute approval. Unless Adopting Employer, Plan Administrator and the Claims Administrator mutually agree otherwise, the Plan Administrator shall deliver to all Participants all appropriate and necessary documents and materials, including, but not limited to, the Plan Document, Plan amendments, Summary Descriptions, enrollment forms, and application and notice forms, as may be necessary for the operation of the Plan or to satisfy the requirements of state or federal laws and regulations. Upon termination of this Agreement, Adopting ©2010 Genesis Employee Benefits,Inc. 2 Non-ERISA Flex Administration Agreement (No. 10.0.0.0) Employer agrees to cease using the Plan Document, Summary Description, and other Participant communication materials, and further agrees that neither it nor its agents shall copy any portion of the Plan Document in the course of preparing replacement documents. C. Plan Amendment & Termination. The Plan Document may be amended or terminated in accordance with the provisions of the Plan, respectively. If the Adopting Employer amends the Plan Document, the Adopting Employer agrees to notify the Claims Administrator (1) before the later of the effective date of the amendment or the date of adoption of the amendment, or (2) as soon as administratively feasible. The Claims Administrator is responsible for providing services pursuant to such amended Plan Document only upon its consent which shall be evidenced by an amendment to this Agreement. Such consent shall not be unreasonably withheld but may be conditioned upon Adopting Employer's agreement to pay increased administrative fees. III. Claims Administrator Responsibilities A. Status of the Claims Administrator. Adopting Employer shall not (1) name the Claims Administrator as the Plan Administrator in any documents applicable to the Plan, nor (2) hold out to other parties or third parties that the Claims Administrator serves in such capacity. In addition, the Claims Administrator does not intend to assume any of the administrative duties or responsibilities commensurate with such designation. B. Capacity of Claims Administrator. In fulfilling its duties and obligations under this Agreement, the Claims Administrator: (i) shall act as the administrative agent of the Plan; (ii) does not intend to be a an Adopting Employer or Plan Administrator (as such terms are defined under the Plan) of the Plan or with respect to the Plan assets; and (iii) does not have any discretionary authority, control, or responsibility with respect to administration of the Plan or with respect to conformity of the Plan with any applicable federal or state law. In addition, the Claims Administrator shall not be required to participate in or act in a manner that aids or assists a breach of a fiduciary's duty. C. Processing of Claims. Subject to Article IV and Section VI.C., the Claims Administrator shall process, adjust and settle claims of Participants received by the Claims Administrator for benefits under the Plan in accordance with the terms and conditions of the Plan. The Claims Administrator shall make available (including via the web) to all Participants the claim forms necessary for submitting claims. Where the terms and conditions of the Plan are not clear, the Claims Administrator reserves the right to request direction from the Plan Administrator. When a claim is approved, the Claims Administrator or its designee shall pay the claim from the Claims Account. D. Account Servicing. The Claims Administrator shall provide account management services. The Claims Administrator shall make available to the Adopting Employer a client service representative to respond to questions regarding general administrative issues and plan design. E. Employee Communication. The Claims Administrator shall provide standard communication materials to Participants as agreed upon by the parties. The Claims Administrator shall provide general administrative services to assist persons with general information about the Plan and answer routine questions from persons concerning coverage status, claims status, complaint administration, and other inquiries related to the Plan. Notwithstanding the preceding, the Claims Administrator shall: (i) be under no obligation to meet with individual plan participants regarding their claims; and (ii) not offer any investment or securities advice to any Participant. ©2010 Genesis Employee Benefits,Inc. 3 Non-ERISA Flex Administration Agreement (No. 10.0.0.0) F. Recordkeeping. The Claims Administrator shall keep all Plan records related to the Administrative Services, including records relating Participant claims, payments, and account balances. G. Accountings. At such regular periodic intervals as Adopting Employer and the Claims Administrator agree upon and specify in Exhibit A, the Claims Administrator shall provide the Adopting Employer with reporting regarding the Plan. H. Participant Access to Information. The Claims Administrator shall provide Participants with "24 hour" access to the website, but does not guarantee immediate or uninterrupted access at any time. The Claims Administrator will use reasonable efforts to keep the website properly maintained, but cannot be held responsible for circumstances beyond its reasonable control such as, but not limited to, natural disasters, damage resulting from unauthorized use of a Participants personal identification number, or failure of the system for any other reason outside of the Claims Administrator's control. The Claims Administrator shall also provide Participants with account statements at least annually. Such statements shall be provided directly to the Plan Administrator for distribution to the Participants. I. Assistance in Reporting and Compliance. The Claims Administrator shall not have any responsibility related to the preparation of any other tax return, report or other document required by any local, State or Federal government or agency thereof with respect to the Plan. The responsibility for filing and/or distributing all tax returns, reports, or other documents shall be that of the Adopting Employer or Plan Administrator. The Claims Administrator may assist Plan Administrator with other reporting requirements if this option is chosen by Plan Administrator as an optional service as listed in Exhibit B. J. Nondiscrimination Testing. If chosen by the Plan Administrator as an optional service as listed in Exhibit B, the Claims Administrator shall perform such nondiscrimination tests (required under the Code) as selected by the Plan Administrator at such time(s) agreed upon by the Claims Administrator and Plan Administrator. The Adopting Employer shall provide all information necessary to complete such testing. Should the Plan fail any applicable nondiscrimination tests, the Claims Administrator may provide suggestions (consistent with the Plan language) regarding how to correct the situation. The responsibility for making a decision regarding how to correct the situation shall be that of the Adopting Employer or Plan Administrator. K. Compliance with Applicable Law. The Claims Administrator shall comply with applicable federal and state laws and regulations applicable to the Claims Administrator's responsibilities under this Agreement. L. Insurance. The Claims Administrator shall maintain professional liability and errors and omissions insurance in the amount of$2,000,000.00. M. Subcontractors. The Claims Administrator may hire subcontractors to perform any of the services required of it under this Agreement and to act as its designee for purposes of this Agreement. N. Debit Card Services. If an administrative fee for debit card services is reflected in Exhibit B to the Agreement, the Claims Administrator will provide the following services with respect to the use of debit cards to obtain reimbursements under the Plan's flexible spending accounts ("FSAs"), including both health flexible spending accounts and dependent care flexible spending accounts: 1. Obtain all information necessary for issuance of debit cards to FSA participants. The Claims Administrator is entitled to rely upon the accuracy and completeness of all information provided by the Adopting Employer. ©2010 Genesis Employee Benefits,Inc. 4 Non-ERISA Flex Administration Agreement (No. 10.0.0.0) 2. Through its subcontractor, the debit card vendor, issue debit cards, and process debit card transactions. 3. Assist the Adopting Employer with establishing a bank account to fund the debit card payments. 4. Provide communications to the Adopting Employer, Plan Administrator, and FSA participants regarding use of debit cards. 5. Provide substantiation of claims reimbursed via use of the debit card in accordance with applicable IRS rules. 6. Assist the Plan Administrator with recouping improper debit card reimbursements to the extent required by IRS rules. Notwithstanding the foregoing, it shall be the Plan Administrator's ultimate responsibility for recouping such reimbursements in accordance with applicable IRS rules. IV. Duties of Adopting Employer and Plan Administrator A. FMLA Determinations. The Adopting Employer shall make determinations regarding FMLA, including, but not limited to, whether FMLA applies. The Claims Administrator shall not make determinations regarding FMLA. Furthermore, the Claims Administrator shall be entitled to rely upon the information provided by the Adopting Employer and is under no obligation to independently verify such information. B. Eligibility Determination & Information. The Adopting Employer shall provide the Claims Administrator with a listing of all persons participating in the Plan and their elections thereunder. The Adopting Employer shall also provide the Claims Administrator with written notice of any addition or deletion of Participants, any change in Participant elections and any further information necessary for the Claims Administrator to provide its services hereunder. The Adopting Employer is responsible for reviewing and approving the documentation of such information. The Adopting Employer may provide such information in any written method mutually acceptable to the Adopting Employer and the Claims Administrator, including, but not limited to, electronic transmissions. The Claims Administrator may rely on the most current information in its possession regarding eligibility of a Participant in paying claims and providing other services under this Agreement. C. Election Changes. The Adopting Employer shall determine the appropriateness of all requests by Participants to change their elections under the Plan. D. Claims Account Funding. The Adopting Employer shall give the Claims Administrator authority to transfer funds from an account of the Adopting Employer to the Claims Account in an amount sufficient to permit payment of benefits due Covered Individuals under the Plan. E. Medical Child Support Order Compliance. The Adopting Employer shall be responsible for all aspects of compliance with state law and the Child Support Performance and Incentive Act of 1998 regarding medical child support orders. Adopting Employer shall provide notice to the Claims Administrator of any Participants who become covered under the Plan by virtue of a medical child support order and of any Participants who cease to be covered under the Plan by virtue of the expiration of a medical child support order. The Claims Administrator shall be entitled to rely upon the information provided by the Adopting Employer pertaining to such medical child support order. ©2010 Genesis Employee Benefits,Inc. 5 Non-ERISA Flex Administration Agreement (No. 10.0.0.0) F. Nondiscrimination Testing. Unless otherwise provided in Exhibit B, the Adopting Employer and the Plan Administrator are responsible for performing any nondiscrimination tests that may be required under the Code. Should the Plan fail any applicable nondiscrimination tests, the Claims Administrator may provide suggestions (consistent with the Plan language) regarding how to correct the situation. The responsibility for making a decision regarding how to correct the situation shall be that of the Adopting Employer or Plan Administrator. G. Payment of Administrative Services Fees. In consideration of Claims Administrator's performance of the services described in this Agreement, Adopting Employer shall pay the Claims Administrator's administrative fees as described in Exhibit B. 1. Minimum Fees. A minimum monthly fee of $125 shall apply if the standard claims processing fees does not exceed the minimum fee. 2. Failure to Pay. Fees are due fifteen (15) days from the date of the invoice. Any failure to pay any such fees within thirty (30) days of the date upon which they are due may, at the Claims Administrator's option, result in the Claims Administrator's (1) imposition of a late fee equal to the lesser of (i) 1.5% of the outstanding balance or $75 per month, whichever is greater, or (ii) the maximum amount allowed by the usury laws of the applicable state, and/or (2) suspension of performance of its services under this Agreement until such time as such fees are paid or termination of this Agreement. 3. Increases. The administrative fees identified in Exhibit B shall increase upon reasonable notice in the event of and in direct proportion to any rate increases implemented by the United States Postal Service. Such increases shall be effective on the effective date or the first of the month next following the effective date of the postage rate increase. The Claims Administrator also reserves the right to charge additional fees for repeating, or expanding the scope of, its services due to inaccurate, incomplete, or unusable data supplied by the Adopting Employer. 4. Fees for Additional Services. In the event additional adjustments that are not part of the normal plan administrative services contemplated by this Agreement, or chosen by Plan Administrator on Exhibit B, are required, Claims Administrator may charge the Adopting Employer an additional fee commensurate with the additional services provided. Claims Administrator will inform the Adopting Employer of the amount of the additional fee in advance of conducting the additional administrative services. I. HIPAA Portability. Unless mutually agreed otherwise, Claims Administrator shall not provide any services related to HIPAA Portability, including, but not limited to providing certificates of creditable coverage to Participants upon termination of coverage under this Plan or upon request by a Participant within two (2) years of termination of coverage. J. Regulatory Compliance. Adopting Employer and Plan Administrator shall be responsible for compliance with applicable laws and regulations pertaining to the Plan. Adopting Employer and Plan Administrator shall be responsible for any governmental or regulatory charges resulting from the Adopting Employer's establishment and operation of the Plan. This provision does not relieve the Claims Administrator from any statutory or agency requirements placed directly on it as a result of performing services under this Agreement. ©2010 Genesis Employee Benefits,Inc. 6 Non-ERISA Flex Administration Agreement (No. 10.0.0.0) K. Plan Design. Adopting Employer possesses and exercises ultimate authority and responsibility for the design of the Plan. The Adopting Employer has consulted its legal and/or accounting advisors concerning the tax advantages and consequences of sponsoring the Plan and shall not rely on the Claims Administrator for such guidance. L. Plan Interpretation. Plan Administrator possesses and exercises ultimate authority and responsibility for determining benefits under the Plan, making decisions regarding eligibility for participation, termination of participation, and payment of benefits. This includes, but is not limited to, review of claim denials. M. Other Information. Adopting Employer or Plan Administrator (including a designee) shall comply with all requests for information made by the Claims Administrator reasonably necessary for the Claims Administrator to fulfill its duties under this Agreement. Any documentation received by the Adopting Employer or Plan Administrator (including a designee) that should have been provided to the Claims Administrator shall be promptly forwarded to the Claims Administrator. Such documentation includes, but is not limited to, claims forms. N. Review of Reports and Forms. The Adopting Employer shall be responsible to review all accounting reports, compliance testing, government returns, and any other reports prepared by or on behalf of the Claims Administrator (collectively the "Reports") and to notify the Claims Administrator of any errors or omissions in the Reports within thirty (30) days of receipt of them. If no errors or omissions are asserted within thirty (30) days, the Adopting Employer shall be deemed to have approved the accuracy of the Reports and the Claims Administrator shall be released and relieved of all liability and indemnified by the Adopting Employer for any actions taken pursuant to this Agreement based upon the Reports. O. Review of Communication Materials. The Adopting Employer shall review all communication products and materials prepared by the Claims Administrator to ensure consistency of the materials with the terms of the Plan. P. Authorized Representatives. Until otherwise advised in writing by the Adopting Employer, the Claims Administrator may accept the authority and rely upon the instructions of, or documents signed by, any representatives of the Adopting Employer listed in Exhibit C. Additional documentation, specifying persons authorized for various purposes, may also be executed by the parties from time to time, and the Claims Administrator shall be entitled to rely upon such documentation without question, unless it has actual knowledge that such person's authority has been revoked. Q. Legal Obligations. Adopting Employer or Plan Administrator (including a designee), shall possess ultimate responsibility and authority for the operation of the Plan and for its compliance with all applicable laws and regulations pursuant to the provisions of the Plan. V. Records&Information A. Maintenance and Access. Claims Administrator and Plan Administrator shall maintain adequate records relating to the terms and operation of the Plan for at least the plan year to which the records relate and for an eight (8) year period thereafter. Each party shall have access to the records relating to the Plan maintained by the other party during normal business hours and upon reasonable notice and request and subject to applicable laws and regulations. The parties shall maintain the confidentiality of any information relating to Participants, the Plan in accordance with applicable laws and regulations. ©2010 Genesis Employee Benefits,Inc. 7 Non-ERISA Flex Administration Agreement (No. 10.0.0.0) B. Record Use. The Claims Administrator, Adopting Employer and Plan Administrator agree that the medical records, names, addresses, telephone numbers, Social Security numbers and other personal information relating to Participants, which the Claims Administrator may obtain as a result of performing administrative services may be collected, maintained and used by the Claims Administrator and the Plan Administrator as necessary to administer the Plan. The Claims Administrator and the Plan Administrator may use patient specific and individually identifiable information, as necessary to properly administer the Plan, to defend any claim related to the Plan or to the provision of services under this Agreement, or as otherwise may be permitted by state or federal law. All parties agree that such information shall be considered confidential and protected as required under applicable law. C. Nonpublic Data. The Claims Administrator, Adopting Employer and Plan Administrator shall comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13 (the "Act"). Nonpublic, private and confidential data shall not be disclosed except as provided in the Act. D. Transfer of Records. When this Agreement ends, the Claims Administrator may transfer to Adopting Employer, Plan Administrator and/or any successor administrator those records the Claims Administrator determines are reasonably necessary to effectuate a smooth transition of administration of the Plan. The Claims Administrator intends that this transfer of records will satisfy its obligation to maintain such records as described above. The Claims Administrator shall provide the Plan Administrator an opportunity to review the records and obtain copies of any such records in addition to the records the Claims Administrator has identified as necessary for a smooth transition or otherwise transferred. The details of such transfer, including but not limited to the means, method and timing, shall be agreed to by the parties. All costs associated with such a record review and transfer will be paid by the Adopting Employer. E. HIPAA Business Associate. The Claims Administrator acknowledges its role as a business associate for purposes of the privacy and security standards under HIPAA. Exhibit D reflects the business associate contractual requirements. VI. Indemnification and Limitation of Liability A. Funding. The Claims Administrator shall have no responsibility, risk, liability, or obligation for the funding of Plan benefits. The responsibility and obligation for funding Plan benefits shall be solely and completely the responsibility of the Adopting Employer. B. Claim Processing Errors. The Claims Administrator shall be liable for the recovery of claim processing errors arising from the Claims Administrator's performance pursuant to the terms of this Agreement. Notwithstanding the preceding, however, the Claims Administrator shall not be liable for any such error that is reasonable, made in good faith, and within acceptable industry standards. The Claims Administrator shall use diligent efforts toward the recovery of such losses. The Claims Administrator's liability, if any, shall be limited to the amount in excess of the claim amount(s) payable under the terms of the Plan. C. Indemnification by the Plan Administrator for Claims Decisions. If the Plan Administrator reverses a claim payment decision made by the Claims Administrator, the Plan Administrator shall notify the Claims Administrator in writing of such decision and shall indemnify, hold harmless, and defend the Claims Administrator from and against any and all liabilities, losses, damages, claims, lawsuits, causes of action, costs, and expenses the Claims Administrator may incur because of any such reversal. ©2010 Genesis Employee Benefits,Inc. 8 Non-ERISA Flex Administration Agreement (No. 10.0.0.0) D. No Guarantee of Benefits. The Claims Administrator does not assume any responsibility, risk, liability or obligation for the general policy direction of the Plan, the adequacy of funding thereof, or any act or omission or breach of duty by parties other than Claims Administrator. The Claims Administrator is not and shall not be deemed a guarantor with respect to any benefits payable under the Plan. E. Indemnification for Plan Design/Interpretation. The Claims Administrator is not engaged in the practice of law. The resolution of any legal issues concerning the Plan, its coverage, or its interpretation is the responsibility of the Plan Administrator and/or the Adopting Employer and their legal counsel. The Plan Administrator and Adopting Employer shall indemnify, hold harmless, and defend the Claims Administrator from and against any and all liabilities, losses, damages, claims, lawsuits, or causes of action, and any costs and expenses associated therewith (including any attorneys' fees the Claims Administrator may incur or be asked to pay), arising, directly or indirectly, out of the design and/or interpretation of the Plan, including, but not limited to, any liability, losses, damages, claims, lawsuits, or causes of action and any costs and expenses associated therewith (including any attorneys' fees the Claims Administrator may incur or be asked to pay) arising under any state, federal or local law or regulation. F. General Indemnification. The Plan Administrator and Adopting Employer shall indemnify, hold harmless, and defend the Claims Administrator and its directors, officers, employees, and agents from and against any and all liabilities, losses or damages arising out of any claims, lawsuits, or causes of action, and any costs and expenses associated therewith (including any attorneys' fees the Claims Administrator may incur or be asked to pay), which arise, directly or indirectly, from the Plan Administrator's or Adopting Employer's act or omission to act in its administration of the Plan, including, but not limited to, any liability, losses, damages, claims, lawsuits, or causes of action and any costs and expenses associated therewith (including any attorneys' fees the Claims Administrator may incur or be asked to pay) arising under any law. G. Indemnification for Prior Administration. If a party other than the Claims Administrator previously provided administration or recordkeeping services to the Plan, the Plan Administrator and Adopting Employer shall indemnify, hold harmless, and defend the Claims Administrator and its directors, officers, employees, and agents from and against any and all liabilities, losses or damages arising out of any claims, lawsuits, or causes of action, and any costs and expenses associated therewith (including any attorneys' fees the Claims Administrator may incur or be asked to pay), which arise, directly or indirectly, from such prior administration or recordkeeping, including, but not limited to, any liability, losses, damages, claims, lawsuits, or causes of action and any costs and expenses associated therewith (including any attorneys' fees the Claims Administrator may incur or be asked to pay) arising under any law. H. Claims Administrator's Duty to Indemnify. The Claims Administrator shall indemnify, hold harmless, and defend the Plan Administrator and Adopting Employer and their directors, officers, employees, and agents from and against any and all liabilities, losses or damages arising out of any claims, lawsuits, or causes of action, and any costs and expenses associated therewith (including any attorneys' fees the Plan Administrator and Adopting Employer may incur or be asked to pay), which arise, directly or indirectly, from the Claims Administrator's act or omission to act in its administration of the Plan, including, but not limited to, any liability, losses, damages, claims, lawsuits, or causes of action and any costs and expenses associated therewith (including any attorneys' fees the Plan Administrator and Adopting Employer may incur or be asked to pay) arising under any law. ©2010 Genesis Employee Benefits,Inc. 9 Non-ERISA Flex Administration Agreement (No. 10.0.0.0) Limitation of Claims Administrator's Liability. The Claims Administrator shall exercise, in the performance of its duties, reasonable care and shall be liable for loss only when caused by the Claims Administrator's (or the Claims Administrator's subcontractors') negligence, gross negligence, fraud, willful misconduct, criminal conduct or a material breach of this Agreement. The Claims Administrator shall be responsible for direct damages caused by its failure to satisfy its duties hereunder; provided, however, that the Claims Administrator shall not be liable for any incidental or consequential damages caused by its failure to satisfy its duties hereunder. The Claims Administrator shall not be liable for the processing of Plan activity that is delayed due to circumstances beyond its reasonable control, including, but not limited to, national, state, or city disaster, acts of God, severe weather, or any other circumstances that would affect the Claims Administrator or its trading platforms, software, voice response systems, or Internet systems. J. Reliance on Data & Direction. Notwithstanding any provision of this Agreement to the contrary, the Claims Administrator is not responsible or liable for any acts or omissions made pursuant to any direction, consent or other request reasonably believed by the Claims Administrator to be genuine and from an authorized representative of Adopting Employer and Plan Administrator. The Claims Administrator is not responsible or liable for acts or omissions made in reliance on erroneous data provided by Adopting Employer or Plan Administrator to the extent the Claims Administrator's acts or omissions are attributable to the erroneous data, or for the failure of Adopting Employer or Plan Administrator to perform their obligations under this Agreement. K. Limitation of Adopting Employer's and Plan Administrator's Liability. Notwithstanding anything else in this Agreement, the liability of Adopting Employer and Plan Administrator is subject to the limitations, immunities and defenses in Minnesota Statutes Chapter 466, which shall be deemed to apply to the City of Eden Prairie obligations to indemnify and hold harmless set forth in this Agreement. VII. Term and Termination A. Term. This Agreement is effective as of the date first written hereinabove and shall continue for a period of twelve (12) consecutive months and for each twelve (12) consecutive month period thereafter until the termination of this Agreement pursuant to this Section VII of the Agreement. B. Termination. This Agreement may be terminated by either party at any time by written notice of intention to terminate given to the other party to be effective as of a specified date not less than ninety (90) days from the date such notice is received. Notwithstanding the foregoing, in the event the Plan Administrator terminates this Agreement pursuant to this Section VII.B. for reasons other than termination for cause, as described in Section VII.C. below, the Plan shall pay to the Claims Administrator such transition reporting fees incurred by the Claims Administrator to transfer administration to successor claims administrator. C. Termination For Cause. Either party shall have the right to immediately terminate the Agreement upon: 1. The material breach of the terms of this Agreement, by either the Claims Administrator or the Adopting Employer, including failure to remit service fees due the Claims Administrator, if such material breach is not corrected within ten (10) days of receipt of written notice specifying the nature of the breach to the satisfaction of the non-breaching party; 2. The bankruptcy or insolvency of Adopting Employer or the Claims Administrator; or ©2010 Genesis Employee Benefits,Inc. 10 Non-ERISA Flex Administration Agreement (No. 10.0.0.0) 3. The enactment of any law, promulgation of any regulation or action of any State or Federal agency or authority which makes or declares illegal the continuance of this Agreement or the performance of any of the services of the Claims Administrator hereunder. D. Liability for Benefits After Termination of Agreement. Upon termination of this Agreement, the Claims Administrator shall cease to act on behalf of Adopting Employer and Plan Administrator. Adopting Employer and Plan Administrator shall be liable for the processing and payment of all eligible benefit claims payable on or after the date of termination pursuant to the terms of this Plan. The Claims Administrator reserves the right to notify any Participants that the Claims Administrator no longer acts on behalf of Adopting Employer and Plan Administrator. E. Post-Termination Obligations. Claims Administrator may, as mutually agreed upon by Adopting Employer, Plan Administrator and Claims Administrator, provide certain administrative services following the termination of this Agreement. VIII. Miscellaneous A. Agreement Amendment. This Agreement may be amended only by mutual agreement in writing executed by all parties, except that the Claims Administrator may amend this Agreement to the extent necessary to comply with applicable federal, state or local laws or regulations. B. Notices. All notices, requests, consents and other communications required or permitted under this Agreement shall be in writing and delivered personally, or sent by registered or certified mail or nationally recognized overnight carrier, postage prepaid, electronic transmission, or by facsimile transmission, to the address set forth below, or to such other address set forth in a notice given in the manner herein provided. All such notices, requests, information or other communications shall be deemed to have been given (i) when delivered if personally delivered, (ii) three business days after having been placed in the mail, if delivered by registered or certified mail, (iii) the business day after having been placed with a nationally recognized overnight carrier, if delivered by nationally recognized overnight carrier, and (iv) the business day after transmittal by facsimile if transmitted with electronic confirmation of receipt. If to Adopting Employer and Plan Administrator: City of Eden Prairie Attn: Karen Kurt 8080 Mitchell Road Eden Prairie, MN 55344 Telephone: 952-494-8300 Fax: 952-949-8589 If to the Claims Administrator: Genesis Employee Benefits, Inc. Attn: President One Braemar Office Park 8000 West 78th Street, Suite 320 Minneapolis, MN 55439-2506 Telephone: 888-308-8322 Fax: 866-680-0614 ©2010 Genesis Employee Benefits,Inc. 11 Non-ERISA Flex Administration Agreement (No. 10.0.0.0) Upon the occurrence of a change in any of the above address information, each party shall notify the other party(ies) of such change within five (5) business days of the effective date of the change. C. Severability. The provisions of this Agreement are severable. If any provision of this Agreement is held invalid by a court of law or other tribunal, the invalidity of any provision will not affect any other provision of this Agreement. D. Survival. The rights and obligations described in Sections V., VI, and VII shall survive termination of this Agreement. E. No Waiver of Rights. Nothing in this Agreement shall be deemed to limit or abrogate any right or remedy available under law. The failure of any party to insist upon the strict observation or performance of any provision of this Agreement or to exercise any right or remedy shall not impair or waive any such right or remedy. F. Copyrighted Works. The Adopting Employer acknowledges that the Claims Administrator and its agents are the sole copyright owners of all plan documentation, administrative guides and forms, content of the web site, and all other materials provided under the terms of this Agreement and that such materials are proprietary to the Claims Administrator. The Claims Administrator grants the Adopting Employer a nonexclusive, nontransferable right to copy such materials provided such copies are needed for the sole purpose of collecting and reporting information regarding Participants or notifying Participants of information regarding the Plan. Other materials provided by the Claims Administrator shall not be copied or reproduced by the Adopting Employer without the Claims Administrator's prior written consent. G. Non-Assumption of Liabilities. Unless specifically provided in this Agreement, the parties do not assume the existing or future obligations, liabilities or debts of the other party. H. Entire Agreement. This Agreement shall supersede and replace any and all other agreements between the parties relating to the same subject matter. This Agreement contains the entire agreement and understanding of the parties relating to the subject matter hereof, except as otherwise provided in this Agreement. I. Governing Law. The Agreement shall be governed by and interpreted in accordance with applicable federal law. To the extent the federal law does not govern, this Agreement shall be governed by the laws of the State of Minnesota and the courts in such state shall have sole and exclusive jurisdiction of any dispute related hereto and arising hereunder. J. Independent Contractors. The Claims Administrator shall be construed to be acting as an independent contractor and not as an employee of Adopting Employer or Plan Administrator. The Claims Administrator, Adopting Employer and the Plan Administrator shall not have the power or authority to act for or on behalf of, or to bind the other party, except as set forth in this Agreement. K. Third Party Beneficiaries. The obligations of each party to this Agreement shall inure solely to the benefit of the other signatory party(ies). Except as expressly provided in this Agreement, no person or entity is intended to be or shall be construed or deemed to be a third party beneficiary of this Agreement. L. Successors and Assigns. This Agreement shall be binding on any successors, assigns and subcontractors of the parties authorized under this Agreement. ©2010 Genesis Employee Benefits,Inc. 12 Non-ERISA Flex Administration Agreement (No. 10.0.0.0) M. Audit Rights. The parties agree to cooperate in all reasonable audits. Audit fees shall be payable by the party initiating the audit. Audits shall be conducted using procedures mutually agreed upon by the parties. Results of the audit may be shared with the party being audited at the sole discretion of the party initiating the audit. N. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. 0. Force Majeure. Neither party shall be liable for any delay or failure to perform its obligations under this Agreement arising out of a cause beyond its control or without its fault or negligence. Such causes may include, but are not limited to, fires, floods, and natural disasters. IN WITNESS WHEREOF, the parties have executed this Agreement to be effective as of the effective date indicated above. ADOPTING EMPLOYER PLAN ADMINISTRATOR By: By: Title: Title: CLAIMS ADMINISTRATOR By: Authorized Representative of Genesis Employee Benefits, Inc. Its: ©2010 Genesis Employee Benefits,Inc. 13 Non-ERISA Flex Administration Agreement (No. 10.0.0.0) LIST OF EXHIBITS A Reports B Administrative Fees C Authorized Representatives D Business Associate Agreement ©2010 Genesis Employee Benefits,Inc. 14 Non-ERISA Flex Administration Agreement (No. 10.0.0.0) EXHIBIT A Reports Plan Sponsor • Enrollment Report— summary of participants enrolled in each plan • Claim Reimbursement Notifications —weekly summary of claims to be paid in a reimbursement cycle • Account Balance Report (Forfeiture) —Annual summary of claims paid, ending balances, and cash balances by participant. Provided annually at the end of the runout period. Participant • Claim Confirmations—verification sent via email that a claim was entered into the system • Advice of Deposits—email notice that a deposit will be made to a participant bank account • Receipt Reminders —email or letter sent at 5 and 20 days after an online claim is filed to remind participants of outstanding receipts due • Denial & Repayment Notifications —email or letter notifying a participant of a denied claim and repayment (if required) ©2010 Genesis Employee Benefits,Inc. 15 Non-ERISA Flex Administration Agreement (No. 10.0.0.0) EXHIBIT B Administrative Fees The following describes the standard and optional services and fees: STANDARD SERVICES Description of Standard Service Fee Standard communication materials (some materials will reflect actual plan provisions, but no custom fonts, wording, logos, etc.; customization is available — see below for optional services N/C and fees) Annual participant statements N/C Standard administrative fee (claim processing occurs no more frequently than weekly) (per participant who is not a claim-active participant in a VEBA Health Savings Plan administered by $4.50 PPPM Claims Administrator) Standard administrative fee (claim processing occurs no more frequently than weekly) (per participant who is claim-active participant in a VEBA Health Savings Plan administered by Claims $1.00 PPPM Administrator) OTHER FEES(as applicable) Check re-issue fee (charged to participant) $25.00 Fee to correct erroneous data provided by Adopting Employer or Plan Administrator $150/hour Custom file formatting $150/hour Wire transfer fee (ACH deposits, no additional fee) $20 Plan amendments/restatements requested by Adopting Employer $250 i Per month per participant with a balance to administer run-out period for prior year in first year $4.50 PPPM of Genesis administration; $125.00 monthly minimum fee for this service Minimum monthly fee $125.00/month OPTIONAL SERVICES Initial to Authorize Optional Service Description of Optional Service Fee Plan document fee $475.00 Debit cards $0.752 PPPM* Mailing of statements to participants' homes (fee per participant per $1.00 statement; includes postage) Additional participant statements mailed to employer or participants' $1.00 homes(fee per participant per statement; includes postage) Discrimination testing (per test) $150/hour Consulting to correct failed discrimination tests $150/hour Employee meetings(per meeting, plus travel expenses) $275.00 Multi-site billing and accounting (per site) $25.00 Customized communication materials (e.g., custom fonts, wording, $150/hr + production costs logos, etc.) (annual fee) + .25¢ PPPM *Debit Card Fees Shall be Waived for the plan year: 6/1/2010-5/31/2011. 1 Fee charged by Hitesman&Wold, P.A. 2 A one-time fee of$5.00 per card is charged to the Participant for replacement and/or additional debit cards. ©2010 Genesis Employee Benefits,Inc. 16 Non-ERISA Flex Administration Agreement (No. 10.0.0.0) EXHIBIT C Authorized Representatives Name: Signature: Name: Signature: Name: Signature: Name: Signature: ©2010 Genesis Employee Benefits,Inc. 17 Non-ERISA Flex Administration Agreement (No. 10.0.0.0) EXHIBIT D Business Associate Agreement I. Purpose This Exhibit D — Business Associate Agreement is intended to constitute a "business associate" agreement between the Plan, as a Covered Entity (defined below), and the Business Associate, as required under the privacy and security provisions of the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), as amended. Effective February 17, 2010, HIPAA applies directly to Business Associate as provided in the Heath Information Technology for Economic and Clinical Health Act ("HITECH"). Business Associate's obligations under this Agreement may be the same as, or in some cases in addition to, Business Associate's obligations under HIPAA. II. Special Definitions The following definitions are used by this Agreement: A. Agreement— means this Exhibit D — Business Associate Agreement. B. Breach — means the unauthorized access, use, or disclosure of Protected Health Information regarding a Covered Individual that poses a significant risk of financial, reputational, or other harm to such Covered Individual. Notwithstanding the foregoing, a Breach does not include: (1) any good faith, unintentional acquisition, access, or use of Protected Health Information by an employee or individual acting under the authority of Covered Entity or Business Associate and in the scope of the employment or relationship between the employee or individual and Covered Entity or Business Associate, provided such information is not further acquired, accessed, used, or disclosed by any person; (2) any inadvertent disclosure by an individual who is authorized to access Protected Health Information at Covered Entity's or Business Associate's facility to another similarly situated individual at the same facility, provided such information is not further acquired, accessed, used, or disclosed without authorization by any person; and (3) a disclosure of Protected Health Information in a situation in which Business Associate has a good faith belief that the person(s) to which the unauthorized disclosure was made would not reasonably have been able to retain such information. C. Business Associate— means Genesis Employee Benefits, Inc. D. Covered Electronic Transactions — shall have the meaning given to the term "transaction"in 45 C.F.R. Section 160.103. E. Covered Entity— means the Plan. F. Covered Individual — means a person who is eligible for payment of certain services or supplies rendered or sold to the person or the person's eligible dependents under the terms, conditions, limitations, and exclusions of a health benefit program of the Plan. G. Data Aggregation — means, with respect to Protected Health Information created or received by Business Associate in its capacity as a business associate (as that term is defined in 45 C.F.R. Section 160.103) of the Plan, the combining of such Protected Health Information by Business Associate with the Protected Health Information received by Business Associate in its capacity as a business associate of another covered entity (as those terms are defined in 45 C.F.R. Section 160.103), to permit data analyses that relate to the health care operations of the respective covered entities. ©2010 Genesis Employee Benefits,Inc. 18 Non-ERISA Flex Administration Agreement (No. 10.0.0.0) H. Designated Record Set — means a group of records maintained by or for Covered Entity that is (1) the medical records and billing records about Individuals maintained by or for a covered health care provider, (2) the enrollment, payment, claims adjudication, and case or medical management record systems maintained by or for Covered Entity, or (3) used, in whole or in part, by or for Covered Entity to make decisions about Individuals. As used herein, the term "Record" means any item, collection, or grouping of information that includes Protected Health Information and is maintained, collected, used or disseminated by or for Covered Entity. I. Effective Date — means the effective date of the effective date of the Administration Agreement, unless specifically note otherwise herein. J. Electronic Health Record — means an electronic record of health-related information regarding an Individual that is created, gathered, managed, and consulted by authorized health care clinicians and their staff. K. Electronic Protected Health Information — shall have the same meaning as the term "electronic protected health information" in 45 C.F.R. 160.103, limited to the information created, received, or transmitted by Business Associate from or on behalf of Covered Entity. L. HHS — means the United States Department of Health and Human Services. M. Individual — shall have the same meaning as the term "individual" in 45 C.F.R. Section 160.103 and shall include a person who qualifies as a personal representative in accordance with 45 C.F.R. Section 164.502(g). N. Limited Data Set — shall have the same meaning as the term "limited data set" in 45 C.F.R. Section 164.514(e)(2). O. Plan — means the portions of the Adopting Employer's Flexible Benefits Plan that are subject to the Privacy Rule and Security Rule. P. Privacy Rule — means the Standards and Privacy of Individually Identifiable Health Information at 45 C.F.R. Part 160 and Part 164, subparts A and E and the privacy provisions of HIPAA, as amended. Q. Protected Health Information — shall have the same meaning as the term "protected health information" in 45 C.F.R. 160.103, limited to the information created, received, or transmitted by Business Associate from or on behalf of Covered Entity. Protected Health Information specifically includes Electronic Protected Health Information. R. Provider — means a hospital or professional practitioner duly certified or licensed to provide health care services to Covered Individuals. S. Required By Law — shall have the same meaning as the term "required by law" in 45 C.F.R. Section 164.103. T. Secretary — means the Secretary of the Department of Health and Human Services or his/her designee. U. Security Incident— shall have the same meaning as the term "security incident" in 45 C.F.R. Section 164.304, unless defined differently in Covered Entity's policies and procedures for compliance with the Security Rule, which shall be provided to the Business Associate. ©2010 Genesis Employee Benefits,Inc. 19 Non-ERISA Flex Administration Agreement (No. 10.0.0.0) V. Security Rule— means the Security Standards and Implementation Specifications at 45 C.F.R. Part 160 and Part 164, subpart C and the security provisions of HIPAA, as amended. W. Standards for Electronic Transactions Rule - means the final regulations issued by HHS concerning standard transactions and code sets under the Administrative Simplification provisions of HIPAA, 45 C.F.R. Part 160 and Part 162. X. Unsecured Protected Health Information — means Protected Health Information that is not secured through the use of a technology or methodology specified by the Secretary. As of August 24, 2009, Unsecured Protected Health Information includes such information that has not been rendered unusable, unreadable, or indecipherable to unauthorized individuals through: (1) encryption as described in the Secretary's guidance and determined by the National Institute of Standard and Technology to meet the standards described in such guidance, or (2) destruction, in accordance with the procedures identified in the Secretary's guidance, of the media on which the Protected Health Information was stored or recorded. III. Privacy Provisions A. Introduction. Business Associate, on behalf of Covered Entity, performs or assists in the performance of functions and activities that may involve the use and disclosure of Protected Health Information. This Section III is intended to meet the requirements of the "business associate" provisions of the Privacy Rule and will govern the terms and conditions under which the Business Associate may use or disclose Protected Health Information. B. Permitted Uses and Disclosures by Business Associate. 1. Except as otherwise limited in this Agreement, Business Associate may use or disclose Protected Health Information to perform functions, activities, or services for, or on behalf of, Covered Entity pursuant to any services agreement with the Business Associate and as permitted or required by this Agreement or as Required by Law. 2. Except as otherwise limited in this Agreement, Business Associate may use Protected Health Information for the proper management and administration of its business or to carry out its legal responsibilities. 3. Except as otherwise limited in this Agreement, Business Associate may disclose Protected Health Information for the proper management and administration of its business, if: i) the disclosures are Required by Law, or ii) Business Associate obtains reasonable assurances from the person to whom the information is disclosed that the information will be held confidentially and will be used or further disclosed only as Required by Law or for the purpose for which it was disclosed to such person, and the person will notify the Business Associate of any instances of which the person is aware in which the confidentiality of the information has been breached. 4. Except as otherwise limited in this Agreement, Business Associate may use Protected Health Information to provide Data Aggregation services to Covered Entity as permitted by 45 C.F.R. Section 164.504(e)(2)(i)(B). ©2010 Genesis Employee Benefits,Inc. 20 Non-ERISA Flex Administration Agreement (No. 10.0.0.0) 5. Except as otherwise limited in this Agreement, Business Associate may use Protected Health Information to report violations of law to appropriate Federal and State authorities, consistent with 45 C.F.R. Section 164.502(j)(1). 6. Effective February 17, 2010, Business Associate will limit the use, disclosure, or request of Protected Health Information, to the extent practicable, to the Limited Data Set or, if needed by Business Associate, to the minimum necessary (as determined by Business Associate) to accomplish the intended purpose of such use, disclosure, or request, except to the extent a broader use, disclosure, or request of Protected Health Information is allowed by the Privacy Rule. The restriction contained in this Paragraph III.B.6. will be effective until such time as the effective date of subsequent guidance issued by the Secretary regarding what constitutes "minimum necessary," at which time Business Associate will take reasonable efforts to limit the use, disclosure, or request of Protected Health Information to the minimum necessary (as defined by such Secretary's guidance) to accomplish the intended purpose of such use, disclosure, or request, except to the extent a broader use, disclosure, or request of Protected Health Information is allowed by the Privacy Rule. 7. Except as otherwise authorized by the Privacy Rule, Business Associate shall not directly or indirectly receive remuneration in exchange for any Protected Health Information of a Covered Individual unless Covered Entity has received a valid authorization from the Covered Individual that includes a specification of whether the Protected Health Information can be further exchanged for remuneration by the entity receiving Protected Health Information of that Covered Individual. This Paragraph III.B.7 shall apply to exchanges of Protected Health Information occurring on or after the date that is six (6) months following the promulgation of final regulations addressing the restriction on the sale of Protected Health Information. 8. Effective February 17, 2010, Business Associate may not use or disclose Protected Health Information regarding a Covered Individual with respect to a communication about a product or service that encourages recipients of the communication to purchase or use the product or service unless the communication is made to the Covered Individual: (i) to describe a health-related product or service (or payment for such product or service) that is provided by, or included in, the Plan, including communications about the entities participating in a health care provider network or health plan network, replacement of, or enhancements to, the Plan, and health-related products or services available only to Covered Individuals that add value to, but are not part of, the Plan; (ii) for treatment of the Covered Individual; or (iii) for case management or care coordination for the Covered Individual, or to direct or recommend alternative treatments, therapies, health care providers, or settings of care to the Covered Individual. Notwithstanding the foregoing, except as allowed by the Privacy Rule, Business Associate may not use or disclose Protected Health Information regarding a Covered Individual with respect to a communication described above if Covered Entity receives direct or indirect payment in exchange for making such communication. C. Limitations on Business Associate's Uses and Disclosures. With respect to Protected Health Information that Business Associate creates or receives on behalf of Covered Entity, Business Associate will not use or further disclose the Protected Health Information other than as permitted or required by this Agreement or as Required by Law. ©2010 Genesis Employee Benefits,Inc. 21 Non-ERISA Flex Administration Agreement (No. 10.0.0.0) D. Additional Obligations of Business Associate. Except as otherwise specified herein, the provisions of this Paragraph III.D. apply only to Protected Health Information that Business Associate creates or receives on behalf of Covered Entity. 1. Safeguards. Business Associate will use appropriate safeguards to prevent the improper use of, disclosure of, and tampering with Protected Health Information and to reasonably and appropriately protect the confidentiality, integrity, and availability of the Electronic Protected Health Information. 2. Reporting and Mitigation. Business Associate will report to Covered Entity any use or disclosure of Protected Health Information of which Business Associate becomes aware, or that is reported to Business Associate by an agent or subcontractor, that is in violation of this Agreement. Such report shall be made within ten (10) business days of its discovery by Business Associate. Business Associate agrees to promptly mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a use or disclosure in violation of this Agreement. This obligation includes, but is not limited to, uses or disclosures that may constitute a Breach. The determination of whether a Breach has occurred, and of the resultant action, shall be the responsibility of Covered Entity. 3. Agreement Breaches by Covered Entity. Effective February 17, 2010, if Business Associate obtains knowledge of a pattern of activity or practice of Covered Entity that constitutes a material breach or violation of Covered Entity's obligations under this Agreement, Business Associate will take reasonable steps to cure such breach or end such violation. If Business Associate cannot successfully cure the breach or end the violation, Business Associate shall terminate the Agreement in accordance with Section VI.B or, if termination of the Agreement is not feasible, report the breach or violation to the Secretary. 4. Agents and Subcontractors. Business Associate will ensure that any agent or subcontractor to whom it provides Protected Health Information received from, or created or received by Business Associate on behalf of, Covered Entity agrees to the same restrictions and conditions that apply by and through this Agreement to Business Associate with respect to such information. 5. Access to Protected Health Information. Within fifteen (15) days of a request by Covered Entity for access to Protected Health Information about a Covered Individual, Business Associate shall make available to Covered Entity or, as directed by Covered Entity, a Covered Individual such Protected Health Information contained in a Designated Record Set. If the Business Associate maintains an Electronic Health Record with respect to the Protected Health Information of a Covered Individual, effective February 17, 2010, Business Associate shall make available, within the time period specified above, a copy of such information in electronic format and, if so directed by Covered Entity, will transmit such copy to a third party specified by Covered Entity, including, but not limited to, the Covered Individual. In the event any Covered Individual requests access to Protected Health Information directly from Business Associate, Business Associate shall within five (5) days forward such request to Covered Entity. Any denials of access to the Protected Health Information requested shall be the responsibility of Covered Entity. 6. Amendment of Protected Health Information. Within fifteen (15) days of receipt of a request from Covered Entity or a Covered Individual for the amendment of Protected Health Information or a record regarding a Covered ©2010 Genesis Employee Benefits,Inc. 22 Non-ERISA Flex Administration Agreement (No. 10.0.0.0) Individual contained in a Designated Record Set, Business Associate shall provide such information to Covered Entity for amendment and incorporate any such amendments in the Protected Health Information as required by 45 C.F.R. Section 164.526. It shall be Covered Entity's responsibility to promptly notify Business Associate of the request for an amendment. Any denials, in whole or in part, of requested amendments shall be done in accordance with 45 C.F.R. Section 164.526 and shall be the responsibility of Covered Entity. 7. Disclosure Accounting. Business Associate agrees to track such disclosures of Protected Health Information and information related to such disclosures as is necessary to enable Covered Entity to respond to a request by a Covered Individual for an accounting of disclosures of Protected Health Information in accordance with 45 C.F.R. Section 164.528. If Business Associate maintains an Electronic Health Record with respect to Covered Individuals, effective as of the applicable date contained in the American Recovery and Reinvestment Act of 2009, Business Associate's obligation hereunder shall include an obligation to track disclosures of Protected Health Information contained in the Electronic Health Record, and information related to such disclosure, for treatment, payment, and health care operations. Within fifteen (15) days of receipt of notice from Covered Entity that it has received a request for an accounting of disclosures of Protected Health Information regarding a Covered Individual, Business Associate shall make available to Covered Entity such information as is in Business Associate's possession and is required for Covered Entity to make the accounting required by 45 C.F.R. Section 164.528 and the American Recovery and Reinvestment Act of 2009. At a minimum, Business Associate shall provide Covered Entity with the following information: (i) the date of the disclosure; (ii) the name of the entity or person who received the Protected Health Information, and if known, the address of such entity or person; (iii) a brief description of the Protected Health Information disclosed; and, (iv) a brief statement of the purpose of such disclosure which includes an explanation of the basis for such disclosure. It shall be Covered Entity's responsibility to promptly notify Business Associate of the request for an accounting, and to prepare and deliver any such accounting requested. Business Associate hereby agrees to implement an appropriate record keeping process to enable it to comply with the requirements of this section. 8. Policies and Procedures. On or before February 17, 2010, Business Associate shall adopt and implement policies and procedures designed to ensure compliance with the Privacy Rule, the Security Rule, and this Agreement. 9. Access to Business Associate's Internal Records. Business Associate shall make its internal practices, books, and records relating to the use and disclosure of Protected Health Information received from, or created or received by Business Associate on behalf of, Covered Entity available to Covered Entity or the Secretary, for the purposes of the Secretary's determining compliance with HIPAA. 10. Electronic Transactions. In the event the Business Associate transmits or receives any Covered Electronic Transaction on behalf of Covered Entity, it shall comply with all applicable provisions of the Standards for Electronic Transactions Rule to the extent Required by Law, and shall ensure that any agents and subcontractors that assist Business Associate in conducting Covered Electronic Transactions on behalf of Covered Entity agree in writing to comply with the Standards for Electronic Transactions Rule to the extent Required by Law. ©2010 Genesis Employee Benefits,Inc. 23 Non-ERISA Flex Administration Agreement (No. 10.0.0.0) E. Obligations and Rights of Covered Entity. 1. Notice of Privacy Practices. Covered Entity shall provide Business Associate with the notice of privacy practices that Covered Entity produces in accordance with 45 C.F.R. Section 164.520, as well as any changes to such notice. 2. Requests by Covered Entity. Covered Entity shall not request or direct Business Associate to use or disclose Protected Health Information in any manner that would not be permissible under the Privacy Rule if done by Covered Entity. This includes, but is not limited to, requests or directions for disclosure of Protected Health Information to the Plan sponsor in a capacity other than acting on behalf of the Plan as Covered Entity. To the extent a dispute or difference of opinion exists between the Business Associate and Covered Entity regarding whether a use or disclosure is permissible, Business Associate may disclose the Protected Health Information under objection pursuant to the specific, written direction of Covered Entity. Any disclosures made pursuant to such specific, written direction shall be subject to the indemnification provisions of the Agreement. 3. Changes in Permission. Covered Entity shall notify Business Associate of any changes in, or revocation of, permission by an Individual to use or disclose Protected Health Information, to the extent that such changes may affect Business Associate's use or disclosure of Protected Health Information. 4. Restrictions. Covered Entity shall notify Business Associate of any restriction to the use or disclosure of Protected Health Information to which Covered Entity has agreed in accordance with 45 C.F.R. Section 164.522, to the extent that such restriction may affect Business Associate's use or disclosure of Protected Health Information. 5. Agreement Breaches by Business Associate. If Covered Entity obtains knowledge of a pattern of activity or practice of Business Associate that constitutes a material breach or violation of Business Associate's obligations under this Agreement, Covered Entity will take reasonable steps to cure such breach or end such violation. If Covered Entity cannot successfully cure the breach or end the violation, Covered Entity shall terminate the Agreement in accordance with Section VI.B or, if termination of the Agreement is not feasible, report the breach or violation to the Secretary. IV. Electronic Security Provisions A. Introduction. Business Associate, on behalf of Covered Entity, performs or assists in the performance of functions and activities that may involve the creation, maintenance, receipt, or transmission of Electronic Protected Health Information. This Section IV along with the other sections of this Agreement are intended to meet the requirements of the "business associate" provisions of Security Rule and will govern the terms and conditions under which the Business Associate may create, maintain, receive, and transmit Electronic Protected Health Information on behalf of Covered Entity. B. Obligations of Business Associate. In accordance with the Security Rule, Business Associate agrees to: 1. On or before February 17, 2010, conduct a security risk assessment (in accordance with 45 C.F.R. Section 164.306(b)(2)) and adopt and implement policies and procedures designed to ensure compliance with the Security Rule and this Agreement. ©2010 Genesis Employee Benefits,Inc. 24 Non-ERISA Flex Administration Agreement (No. 10.0.0.0) 2. Implement administrative, physical and technical safeguards (including written policies and procedures) that reasonably and appropriately protect the confidentiality, integrity, and availability of the Electronic Protected Health Information that Business Associate creates, maintains, receives, or transmits on behalf of Covered Entity; 3. Ensure that any agent or subcontractor to whom Business Associate provides Electronic Protected Health Information agrees to the same restrictions and conditions that apply under this Section IV to Business Associate, including, but not limited to, implementing reasonable and appropriate safeguards to protect such information; and 4. Report to Covered Entity any Security Incident of which Business Associate becomes aware within ten (10) business days of its discovery by the Business Associate. 5. Promptly mitigate, to the extent practicable, any harmful effect of a Security Incident that is known to Business Associate. C. Obligations of Covered Entity. 1. Covered Entity shall not request or direct Business Associate to create, maintain, receive, or transmit Electronic Protected Health Information in any manner that would not be permissible under the Security Rule. V. Breach Notification Requirements If Business Associate accesses, maintains, retains, modifies, records, stores, destroys, or otherwise holds, uses, or discloses Unsecured Protected Health Information, Business Associate shall notify Covered Entity of a Breach of such information without unreasonable delay, but no later than sixty (60) days following discovery of the Breach. Such notice shall include an identification of each Covered Individual whose Protected Health Information has been, or is reasonably believed by Business Associate to have been, accessed, acquired, or disclosed during such Breach and any other available information needed by Covered Entity to enable it to comply with its notification obligations under the Privacy Rule and Security Rule. For purposes of this Section V, a Breach is deemed to have been discovered by Business Associate upon the first day on which such Breach is known, or by exercising reasonable diligence would have been known, to Business Associate (including any person, other than the individual committing the Breach, that is an employee, officer or agent of Business Associate). VI. Term and Termination A. Term. The Term of this Agreement will begin and become effective on the Effective Date and shall terminate when all of the Protected Health Information created or received by Business Associate on behalf of Covered Entity is destroyed or returned to Covered Entity, or, if it is infeasible to return or destroy Protected Health Information, protections are extended to such information, in accordance with the termination provisions in this Section VI. B. Termination. In the event that a party (the "non-breaching party") discovers and determines that the other party (the "breaching party") materially breached or violated any of its obligations under this Agreement, the non-breaching party will notify the breaching party of such breach in writing and may immediately terminate the Agreement upon notice to the breaching party or may provide the breaching party with an opportunity to take reasonable steps to cure the breach or end the violation, as applicable, within a mutually agreed upon period of time. If the breaching parry's attempts to cure the breach or end the violation are unsuccessful within that period, ©2010 Genesis Employee Benefits,Inc. 25 Non-ERISA Flex Administration Agreement (No. 10.0.0.0) without limiting the rights of the parties under the Agreement, the non-breaching party may immediately terminate the Agreement upon notice to the breaching party. C. Effect of Termination. Upon termination of the Agreement for any reason, Business Associate shall retain all Protected Health Information created or received by it on behalf of Covered Entity. Business Associate shall retain such Protected Health Information for the purpose of responding to inquiries from Participants and their beneficiaries regarding the Plan made following termination of the Agreement. The parties acknowledge that it is infeasible for Business Associate to return or destroy such Protected Health Information for this reason. Business Associate will extend the protections of this Agreement to such Protected Health Information and limit further uses and disclosures of such Protected Health Information to that purpose, for so long as Business Associate maintains such Protected Health Information. VII. General Provisions A. Regulatory References. A reference in this Agreement to a section in the Privacy Rule or the Security Rule means the section as in effect or as amended. B. Amendment. The parties agree to take such action as is necessary to amend this Agreement from time to time as is necessary for Covered Entity to comply with the requirements of the Privacy Rule, the Security Rule, and the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191. C. Interpretation. Any ambiguity in this Agreement shall be resolved to permit each party to comply with the Privacy Rule and the Security Rule. D. Survival. The respective rights and obligations of Business Associate and Covered Entity under this Agreement shall survive the termination of this Agreement and any related services agreement. E. Indemnity. Each party will indemnify, hold harmless, and defend the other party and its affiliates, officers, directors, employees or agents from and against any claim, cause of action, liability, damage, cost or expense, including attorneys' fees and court or proceeding costs, arising out of or in connection with any non-permitted or violating use or disclosure of Protected Health Information or other breach of this Agreement by such party or any subcontractor, agent, person or entity under such parry's control. F. No Third Party Beneficiaries. Nothing express or implied in this Agreement is intended to confer, nor shall anything herein confer, upon any person other than the parties hereto, any rights obligations, or liabilities whatsoever. G. Conformance with Law. The parties agree to take such action as is necessary to amend this Agreement from time to time as is necessary for the parties to comply with the requirements of HIPAA. ©2010 Genesis Employee Benefits,Inc. 26 Non-ERISA Flex Administration Agreement (No. 10.0.0.0) CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda June 15, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO. : VIII.L. OCM/Human Resources Direct Staff to not Waive the Monetary Wayne Estenson, Manager of Limits on Tort Liability Established by Support Services Minnesota Statutes 466.04 Scott Neal, City Manager Requested Action Move to: Direct staff to not waive the monetary limits on municipal tort liability established by Minnesota Statutes 466.04. Synopsis The City of Eden Prairie obtains liability coverage from the League of Minnesota Cities Insurance Trust. Each City Council must formally decide whether to waive or not to waive the statutory tort liability limits to the extent of the coverage purchased. Staff recommends that the City choose not to waive. Attachment Waiver Form SECTION I: LIABILITY COVERAGE WAIVER FORM Cities obtaining liability coverage from the League of Minnesota Cities Insurance Trust must decide whether or not to waive the statutory tort liability limits to the extent of the coverage purchased. The decision to waive or not to waive the statutory limits has the following effects: ▪ If the city does not waive the statutory tort limits, an individual claimant would be able to recover no more than $500,000. on any claim to which the statutory tort limits apply. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would be limited to$1,500,000. These statutory tort limits would apply regardless of whether or not the city purchases the optional excess liability coverage. • If the city waives the statutory tort limits and does not purchase excess liability coverage, a single claimant could potentially recover up to $1,500,000. on a single occurrence. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to$1,500,000., regardless of the number of claimants. • If the city waives the statutory tort limits and purchases excess liability coverage, a single claimant could potentially recover an amount up to the limit of the coverage purchased. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage purchased, regardless of the number of claimants. Claims to which the statutory municipal tort limits do not apply are not affected by this decision. This decision must be made by the city council. Cities purchasing coverage must complete and return this form to LMCIT before the effective date of the coverage. For further information, contact LMCIT. You may also wish to discuss these issues with your cit attorney.h,/ accepts liability coverage limits of$ from the League of Minnesota Cities Insurance Trust(LMCIT). Che one: The city DOES NOT WAIVE the monetary limits on municipal tort liability established by Minnesota Statutes 466.04. ❑ The city WAIVES the monetary limits on tort liability established by Minnesota Statutes 466.04, to the extent of the limits of the liability coverage obtained from LMCIT. Date of city council meeting Signature Position Return this completed form to LMCIT, 145 University Ave. W, St, Paul, MN. 55103-2044 h <� �; � I CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 15, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.M. Stuart Fox, Parks and Natural Award the Contract for Staring Lake Park Bike Resources Manager, Parks and Trail to Northwest Asphalt, Inc. Recreation Motion Move to: Award the contract for construction of the Staring Lake Park bike trail to Northwest Asphalt, Inc. in the amount of$169,866.06. Synopsis Plans and specifications for the construction of approximately 3,000 feet of eight foot wide bituminous trail were prepared by HTPO, Inc. Seven construction companies' submitted bids for the project,these were;Northwest Asphalt, Inc., Sunram Construction, Barber Construction, Inc.,Max Steininger, Inc., Minger Construction, Inc., Bituminous Roadways, Inc. and Midwest Asphalt, Inc. Because of the complexity of the bid submittal please refer to the attached memo and bid tabulation sheet from Jan Anderson of HTPO for the bid details. Staff has reviewed the bid submittals with the consultant, HTPO, Inc. and concurs with their recommendation of awarding the trail construction work to Northwest Asphalt, Inc. as detailed in their memo. The Parks, Recreation and Natural Resources Commission reviewed the project bids and voted 5-0 to recommend that the City Council award the contract to Northwest Asphalt, Inc. at their June 7t'meeting. The funding for the trail construction project comes from the portion of the 2005 Park Bond Referendum earmarked for new bike trail construction. The consultant estimate for the project was $214,379.00. Background The trail master plan for the city has shown a spur trail connection from Staring Lake Park to Creek Knoll Road since it adoption in the 1980's. About five years ago this spur trail was going to be built as part of a joint City/Watershed District project. The consulting engineer for Watershed District(Barr Engineering) had drawn preliminary plans to construct a high volume, emergency outflow pipe system for Staring Lake. Included in the project plan was the construction of a spur trail from Staring Lake Park to Creek Knoll Road. However, the improvement project didn't receive funding authorization from the Watershed District and the project was tabled. Award the Contract for Staring Lake Park Bike Trail to Northwest Asphalt, Inc. June 15, 2010 Page 2 The trail design plans were released by the Watershed District to our consultant and staff received authorization from the City Council to proceed with the trail connection project using 2005 Park Bond Referendum funds. The scope of this project is to build 3,000 feet of 8 foot wide bituminous bike trail. The project starts at the existing Staring Lake Park loop trail adjacent to the Hennepin Technical College property and proceeds easterly across property owned by the City and Hennepin County(Public Works/Roads), terminating at Creek Knoll Road. Currently residents living east of Flying Cloud Drive use an existing"social trail"to access the Staring Lake Park loop trail system. Paving the informal/unpaved route will provide residents with a safer, more durable surface on which to travel. Attachments Letter of Recommendation from HTPO Copy of Bid Tabulation Engineering Surveying "1 Landscape Architecture 1 I / June 3,2010 City of Eden Prairie 8080 Mitchell road Eden Prairie, MN 55344 ATTN: Jay Lotthammer RE: Construction Bid for Staring Lake Trail Connection Project No. 10102 Dear Jay: Bids were received and opened at 10:00 a.m. on June 3,2010 for the above referenced project. The bids are shown on the attached bid tabulation. The Engineer's Estimate was$214,379.00. The low bidder, Northwest Asphalt,Inc.,came in 21% below the Engineer's Estimate at$169,866.06. We recommend that the City Council award Project 10102 to Northwest Asphalt, Inc. for the amount of$169,866.06. This recommendation considers that the City Council reserves the right to waive minor irregularities and further reserves the right to award the contract in the best interests of the City. Respectfully, HANSEN ORP PELLINEN OLSON, INC. 7510 Market Place Drive Jan . Anderson,R.L.A. Eden Prairie, MN 55344 952-829-0700 JWA 952-829-7806 fax www.htpo.com HANSEN THORP PELLINEN OLSON, INC. Bid Tabulation 6-3-2010 Staring Lake Park Trail Extension Engineers Estimate Northwest Asplwlt,Inc. -S mram Construction,Inc. Baba Construction,Inc. Max 5te1n1ager,Inc. Mingo Constrnctiun,Inc. ITEM _ UNIT UNITUNIT TOTAL UNIT TOTAL UNIT UNITUNITTOTAL UNIT TOTAL No. ITEM QTY uNIT PRICE PRICE_ PRICE PRICE PRICE PRICE 1 Mobilization 1 Lump Sum $5,000.00 $,000.00 . $8,500.00 $8,500.00 $5,20000 $5,200.00 $6,000.00 $5,000.00 $23.600•00, $23 600.00 _ $11,100.00 $11,100.00 '2 Construction SiKning ds Flagging 1 Lump Sum $2..500.00 $2,500.00 _$1,250.00 $1,250.00 $4,830.00 $4,8$0.00 $2,500,00 $2,500.00 $4,600.21 $4,600.21 $5,200.00 $5,200.00 3 Tree Removal(Clearing d'Grubbing) 19 Each $365.00 $5 935.04 $182.00 ` $3,458.00 $185.00 $3,515.00 $234.00 $4,54100 - $110.01 $2,090,19 35.00 $4,465.00 4 Remove F.xivdag Sidewalk 60 Sq.Yd. $5.00 $300.00 $400 $240.00 $9.30 $558.00 $5.00 $300.00 •• $6.74 $404.40 $7.15 -00 5 Common Excavation(P) 2050 Cu.Yd. $11.00 _ $22,550.00 $10.25 $21,012.50 $1180 $24,190.00 $9.00 $18,450.00 $L5,61 $32000.50 $18.10 $37,105.00 6 Topsoil Borrow(LV) 50Ct Cu.Yd. $14-00 $7,000.00 $13.30 $6,650.00 $13.80 $6,900.00 $16.00 _ 38,000.00 ¶21.47 $10,735.00 $8.00 $4,000.00 7 Snbgrade Excavation 500 Cu.Yd. - $15.00 $7,500.00 $9.35 $4,675.00 $11.80 $5,900.00 35.00 $2,500.00 82266 $11.330.00 $18.50 $9,250.00 8 Class 5Aggregate 2000 Ton $20.00 $40,000.00 _ $13.30 $26,600.00 $17.65 $35,300.00 $18-00 $36.000.00 $1823 S36,460.00 _ $21.50 j $42,000.00 Bituututws Trail(Mn/DOT 9• 480 Ton $70.00 $33,690.00 $78.42 $37,641.60 $70.55 $33,864.00 $8200 $39,360.00 $6720 V2,256,09 $75,95 $36,456.00 1 V4YE450?59) 10 Pedestrian Curb Ramp(Concrete) 1 Each f$00.00 $800.09 $1,400.00 51,400.00 $1,100.00 $1,100.00 $1,000.00 $1,000.00 $1,885.06 81,385.06 $L565.00 81,565.00 11 Modular Block Retaining Wall 660 Sq.Ft_ $24.00 $15,840.00 $19.50 $12,870.00 $15.80 $10A2500 $17.00 $1122000 _ 517.00 _ 811,220.00 $1920 $12,67200 12 Binder Stone Pipe Bedding 118 _ Ton $28.00 53,304.00 $2200 $2,596.00 $18.45 $2177,10 - $28.00 $1,304.00 $30.00 V.540.00 $22.55 $2,660.90 13 Remove 42"RCP Pipe 36 Lin.Et $10.00 $360.00 $15.00 $540.00 $1SW $648.00 $60.00 $2,160,00 $10.00 3360.00 313.50 $486.00 14 12'RCP Storm.Pipe 24 Liu.Ft. $25.00 $600.00 $31.02 $744.48 $30.00 $720.00 $49.00 - $1,176.00 $26.00 $62400 $3485 $836.40 15 24'RCP Storm Pipe- 106 Lin.Ft $35.00~ $3,710.00 $4198 $4.4L9.88 $39.60 $1,197.60 $53,00 $5,6I8A0 $3600 $3,816A0 $39.25 $4,160.50 16 31'x51"RCP-Arch Sloan Pipe 38 Lin Ft $150.W $5,700.00 $120_0 $4 567.60 . $167.00 86,346,00 $220.00 . $8 0.00 $310.01 $4,180.38 $136.20- $5,175,60 17 12'FES w/Traattguard 2 Each $700.00 $1,400.00 8693.00 $1386.00 $615.00 $1,230.00 3850.00 81,700.00 $580.83 $1,160.06 $850.00 $1,700.00 18 24"FES w Treshguerd 2 Each r $1,000.00 $2,000.00 $996.00 31.992.00 $900.00 41,800.00 $1,400.00 $2,800.00 _ $840.04 $1,680.08 $1,235.00 82470.00 19 31"x51'RCP-Arch FES 1 Each $2,500.00 $2,500.00 $1,814.00 $1,814.00 $2,295.00 $2295.00 $2,800.00 $2,800.00 $,800.13 37,800.13 $2,440A0 $2440,00 20 48'Catch Basin w/Frame do Casting 1 Each $2,000.00 $2,000.00 $1,710.00 $1,710.00 52,-395.00 $2395.00 $4,100.00 $4,100.00 $1,750.08 $1,750.08 $1,435.00 $1,455.00 21 84'Manhole w Frame 8r Casting_ 1 Each $5,000.00_ $5 000.00 $4,600.00 $4,600.00 $5,700.00_ $5,706.00 $5,200.00 $5,200.00 $4,865 73 $4.865.23 ' $,450.00 $4,460.00 22 Riprap w/Geotexhla Fabric 52 Cu.Yd. $80.00 $4,160,00 $80,00 $4,160.00 $80.00 - $4.160.00 4100.00 $5,23100 380.00 $4,160.00 $101.65 $5,285.80 23 Tree Pruning 25 F.rh $200.00 $5,000.00 $60.00 $1,500.00 _ $62.00 11,550.00 $50.00 81,250.00 $80.00 32,000.00 856.50 $1,41250 24 Silt Fence 2700 Lin.Ft. $2.00 35,400.00 $1.15 83,105.00 $205 $5,535.00 $1.15 43,105.00 $115 $3,105.00 $125 83,645.00 ` 25 Upland Seeding and Topsoil 1.8 Ac. $2, 00.00 $3,600.00 $620.00 $1,116.00 $395,00 471100 $8,100.00 $14,580.00 5605.03 $1,080.05 $565.00 $1,017.W 26 Wetland Seeding.Topsull and Mnlch 0.05 Ae. _ $10,000,00 $500.00 $2-500.00 $125.00 $5,250.00 $26250 $13 500.00 $675.00 $2,500.12 $125.01 $9,040.00 84552.00 27 Category 3 Erosion Control Blanket 9000• Sq.Yd. $2.00 $18,000.00 S0.9s $B 550.60 $0 99 $eA10.130 $1.15 S10 350.00 s0.89 $9010,00 51,00 89,004.00 28 'Tree Protection Fence 560 Lin.Ft. $2.00 $0;120.00 5155 $868,00 $1.80 $1,008.00 $1,45 $81200 $1.55 $868.00 $1.70 $95200 29 Permanent Trafficsigne 1 Lump Sum , $2,500.00 $2,500.00 51,12500 31,125.00 $L045.00- $3045.00 32,890,00 $2800.00 8995.05 3995.05 81,17-5.00 $1,125,00 30 Pavement mid Bridge Markings 1 •Lump Sim $5500.00 r5Q0,00 $620.00 $620,00 _$3.415.00 $3,415.00 $1,400.00 $1, •0D $3,250.I5 $i 290.15 $5,085.00 $5,085,W _ Total Bid $214,379.00 $169,866.06 $154,999.20 $206,261.00 ' $214E450.59 $219,040.70 Staring Lake Park Trail Extension Midwest Asphalt Bituminous Roadways,Inc. Corporation UNIT UNIT IT ITEM QTY UNIT PRICE TOTAL PRICE TOTAL a 1 Mobilization 1 Lump Sum $5,500.00 $5,500.00 $5,000.00 $5,000.00 2 Conshuct ion Signing do Flagging 1 Lump Sum $6,000.00 $6,000.00 $450.00 $45000 3 Tree Removal(Ceering_&Grubbing) 19 Each $190.00 $3,610.00 _ $240.00 $4 560,00 4 Remove Existing Sidewalk 60 Sq.Yd. $6.00 $360.00 $6.50 $390.00 5 Commrn,Excavation(F) 2050 Cu.Yd. $21.50 $44,075.00 $16.00 $32.800.00 6 Topso11Barrow(LV) 500 Cu.Yd. $33.00 $16,500.00 $18.00 $9,000.00 7 Subgrade Excavation 500 Cu.Yd. $21.50 $10,750.00 $23.00 $11,500.00 8 Class 5 Aggregate 2000, Ton $18.25 $36,600.00 _$21.00 $42,000.00 . 9 BMi uxnino 0351J ua Trail(Mn/DOT 480 Ton $68.00 $32,610.00 $84.00 340,320.00 10 .Pedestrian Curb Ramp(Concrete) 1 Each $1,500.00 $1,500.00 $3,500.00 $1,500.00 • 11 Modular Block Retaining Wall 660 Sq.Ft $26.00 $17,160,00 $27.00 $17,820.00 • .12 Binder Stone Pipe Bedding 118 Ton $33.00 $3,894.00 $34,00 Vim?00 13 Remove 42"RCP Pipe 36 Lin'Ft $11.00 $396_00 $1-1.00 $396.00 - 14 12"RCP Storm Pipe - 24 Lin_Pt $28.50 $684.00 $30.00 $720.00 15 24"RCP Storm Pipe 106 Lin.FL $40.00 $4,240.00 $41.00 $4,346.00 16 31"x51'RCP Arch Storm Pipe 38 Lin.Ft. $321.00 $1,598.00 $125.00 $4,750,00 • 17 12'FES w/Trashguard 2 Each $540.00 V $1,280.00 $550.00 $1,300.00 18 24'PBS w/Erashguard 2 -Each $925.00 $1,850.00 $950.00 $1,900.00 I9 31'k51'RCP•Arch FES 1 Each $3,100,00 $3,100.00 $3,200.00 $3,200.00 20 48'Catch Basin w/Frame&Casting I Each $1,925.00 $1,925.00 $2,200,00 $2,200.00 21 84"Manhole w/Frame&Casting I Each $5,350_00 $5,350.00 $5,700.00 $5,700.00 22 Riprep w/Geotextie Fabric 52 Cu.Yd. $90.00 $4 680.00 $90.00 $4,680.00 23 Tree Pruning 25 ' Each $60.00 $1,500.00 $57.00 $1,475.00 r 24 Silt Fence 2700 Lin.Pt $1.75 $4,725.00 law $8,100.00 . _ _ 25 Upland Seeding and Topsoil 0.8 Ac. $3,325.00 $5,985.00 $8,000.00 $14400.00 . 26 Wetland Seeding,Topsoil and Mulch 0.05 Ac. $10,235.00 $511.75 $13 200.00 $660.00 27 Category 3 Erosion Control Blanket 9000 Sq.Yd. $0.95 $8,550.00 $120 $10,800.00 _ 28 Tree Protection Fence 560 Lin.Ft $2.00 $1,120.00 5200 $1,120.03 29 PemianentTraffc Signs 1 Lump Sum $1,100.00 $1,100.00 SL200.00 $1,200.00 30 Pavement and Bridge Markings 1 Lump Sum -$1,650.00 $1,650.00 SL200.00 $1,200.00 - Total Bid $231,733.75 i $237,449.00 1 I CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 15, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.N. Jay Lotthammer, Director, Approve the proposed modifications for Parks and Recreation Community Center catering requirements Requested Action Move to: Approve the proposed modifications to the Policy- Guidelines for Community Use of Parks and Recreation Rental Facilities specific to Eden Prairie Community Center catering requirements. Synopsis Staff recommends modifying the Policy- Guidelines for Community Use of Parks and Recreation Rental Facilities to expand and enhance food options at a variety of price points and promote more flexibility for rental groups whose needs are not being met by the current list of Approved Caterers. This item was reviewed and discussed by the Parks, Recreation and Natural Resources Commission at their June 7 meeting, and was unanimously recommended for City Council approval. The current catering policy has proven too restrictive for patrons who require ethnic or specialty food options. The current policy does not prevent caterers from transferring commission cost to the patron fees for food purchase. This often caused patrons to choose an alternative rental option. We have also determined that it is very challenging to collect on commissions from some of the preferred caterers. The new Policy would create a less restrictive vendor list, with more food options at a variety of price points, allowing more food vendors an opportunity to enter into a partnership with the Community Center. The Community Center would maintain control over how food is prepared and packaged prior to being brought into the facility, and would collect fees that cover any additional costs of potential clean-up. Lastly, this would allow for a more streamlined process for patrons and Community Center staff, when renting space for any type of event. In order to be placed on the preferred caterer list, caterers would be required to provide the following: • Comprehensive General L iability I nsurance — naming t he C ity o f Eden P rairie as additional insured • Bonding with the State of Minnesota. • A copy of current Health Department License and Certified Food Mgrs. License. Approve the Proposed Modifications for Community Center Catering Requirements June 15, 2010 Page 2 Staff recommends the following fee structure be established for Caterers requesting to be on the Caterer List at the Eden Prairie Community Center. Eden Prairie Caterer $50.00 annual fee Non-Eden Prairie Caterer $100.00 annual fee Alcoholic beverages would continue to provide a commission of 25% of all gross sales to the Eden Prairie Community Center. The following non-catered items may also be brought into the facility only by user groups that have a room rented: • Commercially prepared or prepackaged desserts such as cake, cookies,brownies or muffins. • Commercially prepared or pre-packaged snack items such as chips or pretzels. This does not include appetizers, salads and pizza type items. • Non-alcoholic plastic bottle beverages (no glass containers). No red drink products. (All of these items may also be purchased through the Community Center Cafe) All groups serving food and beverage will be subject to a surcharge based on room rented. The fees are listed below: Rooms 101 and 203 and viewing areas $10.00 for rental Rooms 202 and 204 $15.00 for rental Room 201, Small Group Cambria and Lounge $25.00 for rental Large Group Cambria Gym, Rink 3 $50.00 for rental This item was reviewed and discussed by the Parks, Recreation and Natural Resources Commission and was unanimously recommended for City Council approval. Background The City adopted a Food and Beverage Policy in May 2008. There were five Approved Caterers selected. Patrons are required to use these caterers when ordering food and beverage services at the Community Center for events such as: athletic banquets, business seminars, wedding receptions and special events. For events with less than 30 people, guests are allowed to bring in their own food. In March, 2009, the City Council approved a revision of the Food and Beverage Policy, allowing rental groups to use outside caterers due to ethnic, cultural, or religious needs. Since then, there have been 20 groups that have requested to use their own caterers based on ethnic needs. Rental groups continually request a less-restrictive catering list that will provide more alternatives at a lower price point. The proposed policy modifications would allow a broader range of caterers to become a part of the approved list. Staff believes the annual fee model would result in increased rental fees, along with increased customer choices. Approve the Proposed Modifications for Community Center Catering Requirements June 15, 2010 Page 3 Recent Rentals Event Guests Caterer Commission Fee Ethnic Group 80-100 Outside Caterer $0 Ethnic Group 80-100 Outside Caterer $0 Conference 80 guests Biaggi's $240 Buffet breakfast 65 guests Catering Minnesota $85 Birthday Party 30 guests Davanni's $35 Athletic Association team party 80 guests Davanni's $65 Birthday Party 40 guests Crumb Gourmet Deli $60 Hockey Party 75 guests Crumb Gourmet Deli $105 In discussion with some of the current caterers they feel the proposed policy modifications would fit with their business model. Per the existing contract, The Eden Prairie Community Center would give the current list of Approved Caterers written notice of termination of contract in sixty(60) days. The current caterers would be offered the opportunity to be placed on the list and charged the upfront annual fee beginning in 2011. Attachments Policy- Guidelines for Community Use of Parks and Recreation Rental Facilities Approved by Eden Prairie City Council on September 19, 2006 Re-Adopted by Eden Prairie City Council on February 12, 2008 Re-Adopted by Eden Prairie City Council on March 4, 2008 Re-Adopted by Eden Prairie City Council on November 17, 2009 POLICY GUIDELINES FOR COMMUNITY USE OF PARKS AND RECREATION RENTAL FACILITIES City facilities are operated b y the C ity o f E den Prairie under the following p olicies an d guidelines adopted by the Eden Prairie City Council on September 19, 2006. The Council recognizes the value of these facilities being available to serve Eden Prairie residents, civic and religious groups, and businesses. PURPOSE AND INTENT The intent o f this policy is to promote regular and active use o f the facilities. It outlines scheduling procedures, rental classification, charges, and sets rules and regulations for use of the facilities. Charges and/or user fees are based on staffing, set-up, and maintenance costs, as well as market rates for similar facilities. The City of Eden Prairie does not discriminate on the basis of race, color, religion, national origin, gender, a ge, m arital s tatus, s exual or ientation, s tatus w ith r egard t o publ is assistance, or di sability in t he a dmission or a ccess t o pr ograms, s ervices, a ctivities, or employment. 1. Rental Classifications Group 1: Any activity related to the operations of Eden Prairie's City government including, but not limited to, City Council, board and commission meetings, City programs and events, City sponsored public meetings, as well as State and County related committees, including Minnesota's federal and state representatives. Group 2 : P ublic a gencies, S chool D istrict 272, c ivic or ganizations, P ROP, S W Metro T ransit, non -profit pr ofessional groups w ith C ity r epresentation, E den Prairie based g roups (user gr oup t hat ha s its h eadquarters i n t he C ity of E den Prairie, or has at least 75% of its membership roster residing in Eden Prairie) which contribute to the well being and betterment of the community, and those businesses currently working with City projects. Group 3: Eden Prairie residents, Eden Prairie businesses, and persons who work at an Eden Prairie business. (Documented proof may be requested) Group 4: Non-resident individuals, g roups, c ommercial, non-profit, and bus iness organizations. (Limited to rentals at E den Prairie C ommunity C enter and S enior Center) Policy— Community Use of Parks & Recreation Rental Facilities Page 2 of 14 2. Rental Facilities Park P avilions & B uildings - Round Lake P ark P avilion, H omeward H ills P ark Barn*, R ound Lake P ark B uilding*, S taring Lake P ark Building*, M iller P ark Building*, C restwood P ark B uilding*,N esbitt-Preserve P ark Building*, Prairie View Park Building*, Edenvale Park Building*, Forest Hills Park Building*, Riley Lake Pavilion, Riley-Jacques Barn, and Purgatory Creek Park Lambert Pavilion. Warming H ouses - Park bu ildings* located throughout the C ity and us ed for ice skating and sledding activities from December 15 through March 1. * Denotes facilities utilized as warming houses. Amphitheatre - located at Staring Lake Park Community C enter - ice ar enas, r acquetball c ourts, s wimming pool , meeting rooms, gym, play structure, dry floor, and play structure. Senior Center- community room and meeting rooms Outdoor Athletic F acilities - volleyball c ourts, b asketball c ourts, s oftball/baseball fields, s occer/football/lacrosse f ields, t ennis co urts. These p ark amenities ar e available on a f irst-come, first-serve basis, unl ess t hey are being us ed for a C ity program o r h ave b een r eserved. 0 utdoor athletic f acilities ar e av ailable for rent along with a park pavilion/building rental, for a fee. See the separate document "Guidelines for Priority Use of Public Facilities" for rental details. Trail System - for w alks and/or runs. Rental o f a park building or pavilion is required t o hold a walk and/or run. Walks and/or runs b eyond the park property will r equire a pproval from of her de partments. Walks a nd/or runs do not ha ve exclusive use o f trails or streets,unl ess required for s afety purposes. In cas es o f exclusive us e, s ignage a nd/or a dditional s taff/volunteers m ay b e required, at the discretion of the Parks and Recreation Director. Non-Typical Park Locations—such as, but not limited to, parking lots, sun shelters, picnic areas, op en fields, dog pa rks, di sc golf, h ockey r inks in the summer, etc. These locations cannot be rented for exclusive use. See Large Group Use. 3. Hours of Operation City park hour s are 6 a .m. t o 10 p.m ., daily; with th e e xception o f Miller and Round Lake Park that may remain open until 10:30 p.m. during the summer. Rental use beyond these hours requires the approval of the Parks and Recreation Director. The Community C enter is open from 6 a .m. to 10 p.m., daily during the school year; summer hours may vary. The S enior C enter business hours are from 8:30 a.m. to 4 p.m., Monday through Friday. The Senior Center is reserved for Senior and City program use during this Policy—Community Use of Parks & Recreation Rental Facilities Page 3 of 14 time. The S enior C enter m ay be available for r ent, for of her us es, on weekday evenings and weekends. Warming houses are available for rent during non-public ice skating/sledding hours only, unless using the upper level of Homeward Hills Park Barn. 4. General Information Rental of a facility does n of al low for exclusive a ccess o f o ther p ark a menities (ballfields, tennis courts, playground, public bathrooms, etc.). Group 1 m eetings, e vents, a nd a ctivities ha ve pr iority. Rental s cheduling f or Groups 2, 3, and 4 will be on a first-come, first-serve basis; with special reservation guidelines p ertaining t o walks and/or runs. Group 4 m ay rent a t the C ommunity Center and Senior Center only. No person who ha s not attained the age of 21 years s hall be a llowed t o r ent a facility. A minimum notice of 3 bus Mess days i s required for rental o f a facility. Senior Center reservations require advance notice of 7 days. User groups are not a llowed t o reserve C ity facilities on a c ontinuing basis (i.e. daily, w eekly, m onthly)w ithout t he a pproval of t he Director o f Parks a nd Recreation. The City reserves the right to restrict the number of dates an individual or group m ay r eserve. This i s t o e nsure the a vailability o f facilities to a 11 u ser groups. If de emed ne cessary, the C ity reserves the right t o substitute a meeting room or facility o ther th an that s tated o r r equested, in o rder to min imize c onflicts o f compatibility, space, and scheduling. Rentals are subject to maximum group size and availability. Rental hours shall be calculated from the time the renter enters the space until the time of departure. User groups must adhere to the hours requested and approved on the facility use contract. At s ome to cations, a h alf-day r ental f ee v ersus o f ull-day rental f ee s hall b e determined by City staff, and not by the number of hours renting a facility. A half- day r ental fee w ill b e a pplied if it is r easonable, i n t he P arks a nd Recreation Director's discretion, to assume the facility will be available for rental by another renter for the remainder of the day. Groups renting facilities shall comply with the Equal Opportunity Statutes, and not discriminate on t he ba sis of r ace, c olor, r eligion, na tional or igin, gender, a ge, marital s tatus, s exual orientation, s tatus w ith r egard to p ublic a ssistance, or disability. Policy— Community Use of Parks & Recreation Rental Facilities Page 4 of 14 5. Scheduling 1. Pavilions, Buildings, and Amphitheatre Groups or individuals desiring t o us e a p ark pa vilion/building s hall m ake arrangements t hrough t he P ark Facility S cheduler. Reservations will b e accepted on the first business day of the calendar year; with the exception of Homeward Hills Park Barn and Riley-Jacques Barn. 2. Warming House Some p ark facilities ar e u sed as w arming h ouses f rom D ecember 1 5 through M arch 1. T hey are not available for rental u se during public i ce skating/sledding hours, except for the upper level of Homeward Hills. Groups or i ndividuals de siring t o us e a W arming H ouse s hall m ake arrangements through the Warming House Scheduler. 3. Homeward Hills Park Barn Groups or individuals de siring to use the Homeward Hills P ark Barn shall make arrangements through the Park Facility Scheduler. The Homeward H ills P ark B am i s available for rental year-round. During public ice skating, rentals may occur in the upper level. It may be scheduled for rental on the first business day according to the following timetable: Reservations Accepted Months Available First Business Day of January April - October August 1 November—March of following year 4. Riley-Jacques Barn Groups or i ndividuals de siring t o us e the R iley-Jacques B am s hall m ake arrangements through the Park Facility Scheduler. The Riley-Jacques Barn is available for rental use from the first day of May through the e nd of 0 ctober. It m ay be s cheduled for r ental on t he first business day according to the following timetable: Reservations Accepted Months Available First Business Day of March May-August First Business Day of June September- October 5. Community Center Groups or i ndividuals de siring t o us e t he Community Center s hall m ake arrangements t hrough t he C ommunity C enter facility s cheduler. See Community Center Rental Guidelines for rental details. Policy— Community Use of Parks & Recreation Rental Facilities Page 5 of 14 6. Senior Center Groups or i ndividuals desiring t o us e t he S enior C enter s hall m ake arrangements through the Senior Center staff. Senior Center reservations require a one week advance notice. The Senior Center may be scheduled on the first business day according to the following timetable. Reservations Accepted Months Available December 1 January- March February 1 April -August August 1 September-December 7. Outdoor Athletic Facilities Groups or individuals desiring to use an outdoor athletic facility shall make arrangements t hrough t he Athletic F acility S cheduler. See t he s eparate document" Guidelines f or P riority U se o f P ublic F acilities" for rental details. 8. Walks and/or Runs Groups 1 and 2 may r equest a w alk and/or run w ith t he Park Facility Scheduler no e arlier th an th e first bus Mess da y of t he calendar y ear in which they wish to hold the event. Group 3 may request a walk and/or run no earlier than two weeks after the first business day of the calendar year. The walks and/or runs offered by Groups 2, and 3 will be limited to two per month,per park area. If the event uses multiple sites or a major portion of any roadway or park facility, the number and size of various events might be limited further. Any advertising and or promotion of the walk and/or run on park property must b e r eviewed b y t he P ark F acility S cheduler prior t o publ ishing t o insure conformance to the approved permit. The City must be included in the indemnification clause signed by the participants in the event. 6. Rental Fee The rental fee i s required for all ch argeable r entals. Reservations ar e co nfirmed only when full payment is made. 7. Damage Deposit A $200 damage deposit, in addition to the rental fee, may be required by Group 3 and Group 4. The damage deposit is required at the same time the rental fee check Policy— Community Use of Parks & Recreation Rental Facilities Page 6 of 14 is submitted. This deposit shall be returned within one (1) week after the rental date if no deductions are necessary. No damage deposit is required for approved reoccurring rentals. Failure to comply with this Policy may result in loss of damage deposit. 8. Special User Fee In some instances, a special user fee may be required. This fee will be applied to cover unusual anticipated expenses, s uch as ex cessive cl can-up, unus ual s et-up, excess el ectricity, and/or d amages as sociated w ith t he u ser's p rogram, ev ent, general use or decorations. The special user fee must be paid at the time the rental fee payment is made and will be held until it is determined by the City if any or all of the fee was required. Any remaining balance will be returned to the renter. There may be a special user fee for large events requiring a special event checklist or r entals r equiring additional p ortable to ilets or additional pol ice or s ecurity measures. Walks and/or runs w ill be charged a special user fee b ased o n the anticipated o r actual attendance. A special user fee is applied to groups with specialized equipment or activities such as dunk tanks, inflatables, moon walks, etc. User groups may be required to pay a special user fee when they provide amplified sound. User groups w ill be r equired t o pa y a s pecial us er fee for t he C ity's S ound Technician t o ope rate t he C ity's s ound s ystem a nd/or t he us er g roup's s ound system. T he C ity's S ound T echnician i s r equired for a ny m usical e vent w ith amplified sound at the amphitheatre. User g roups must r eceive pr for approval for a dditional e lectrical us e, a dditional lighting, etc. An additional fee may be associated with these requested facility use items. 9. Special Event Checklist Any event o r a ctivity t hat m ay r equire t he as sistance o f m ore t han one C ity department or may extend be yond the park boundaries i s r equired t o c omplete a Special E vent C hecklist w ith th e Licensing C lerk a t th e E den P rairie P olice Department. Special event authorization will only be approved if proper accommodations can be made (i.e. additional parking, transportation to the site, additional toilets, additional police officers or security measures). Policy— Community Use of Parks & Recreation Rental Facilities Page 7 of 14 A special user fee may apply. Renter may be r equired t o a pply for permits through t he Eden P rairie P olice Department. 10. Cancellation Policy The City reserves the right to cancel any reservation. In case of cancellation by the City,reservation fees will be returned accordingly. The rental fee is refundable if cancellation notice is received no 1 ess than 10 days prior to the date of the scheduled event. 11. Liability and Damage Rental groups using facilities will b e required to sign a waiver of liability on th e contract form. A C ertificate o f Insurance i s required t o cover the use o f specialized equipment, walks/runs, or special events open to the public. The City will not assume liability for loss or damage to property belonging to an organization or group. Any organization, group, or individual reserving space s hall be fully responsible for any damage to that space or equipment and any unlawful acts associated with the user's program or event. Any d amages to facilities o r e quipment mu st b e r eported imme diately. Costs associated with the damage will be deducted from the damage deposit; additional charges may apply. The City reserves the right to cancel future reservations. 12. Regulations Violations of this Policy may result in forfeiture of a user's damage deposit an d denial of future use of City facilities; however, that does not exempt violators from possible prosecution under applicable City ordinances, State, or Federal laws. City facilities and parks are smoke free. Use of tobacco products is prohibited as stated in City Ordinance 9.42. The City reserves the right to terminate a rental contract for City code violations. Meetings and activities must b e confined t o the ar ea(s) reserved. Other meetings and activities may take place at the same time in other rooms. Groups are expected to have respect for each other's space. Disorderly conduct shall be grounds for immediate termination of the activity/event without refund. This will be determined by City staff or a police officer. Policy— Community Use of Parks & Recreation Rental Facilities Page 8 of 14 1. Supervision Youth using facilities must be under competent adult (minimum age of 21 years of d) leadership and s upervision. The renter shall a ssume f ull responsibility for the group's conduct and/or the conduct of any member or guest o f t he group, a nd for any da mage t o t he facilities, buildings, or equipment. Children must be kept confined to the reserved area of the user group. The City will not assume liability for unsupervised children. The City will be reimbursed by user/renter/group for any costs incurred due to damages or additional cleaning. Youth groups shall be chaperoned on a ratio of one adult (minimum age of 21 years old) for each t en(10) or fewer youth under the a ge of 18. The number of youth a ttending a nd t he na mes of t he c haperones may b e requested b y t he s taff. If th e general p ublic is in vited, C ity s taff shall determine the number of chaperones needed. If deemed necessary due to the type of function or activity, the City reserves the right to assign an attendant and/or police officer for a user group. The cost of such will be paid by the user group. A building attendant is required to be on site at all times for community use of the Senior Center and non-regular hours of the Community Center. The building attendant w ill a ssist with set up a nd take dow n a s r equired, and perform general clean up as needed. A building attendant is required to be on site for warming house rentals. At all park pavilion/building locations, a park attendant will meet the renter at the specified rental beginning time and will come back at the specified ending rental time. The renter i s responsible for the rental facility during this r ental tim e, a nd s hall be on -site d uring th is r ental time . Enclosed buildings w ill be unlocked at the be ginning rental time and 1 ocked at the ending rental time. The renter shall not leave the building unattended during the rental time. 2. Park Pavilion/Building Cleaning Rented space and common areas must be left in the same or better state of cleanliness as w hen r enter ar rived. Park A ttendant s hall d etermine the appropriate level o f cleanliness. If a dditional staff time, beyond that necessary for normal cleaning is required to clean the facility, an additional charge f or pe rsonnel a nd c leaning s upplies w ill be de ducted f rom the damage deposit. User groups are responsible for the basic clean up and bagging of trash. All chairs or tables used must be taken down and put away. Policy— Community Use of Parks & Recreation Rental Facilities Page 9 of 14 3. Parking Parking is available in designated parking areas. Groups that underestimate their number of guests may not have adequate parking. No parking on grass. No driving on trails or plaza. 4. Admission Fee User groups a re not a llowed t o charge an ad mission f ee w ithout t he approval of the City Council. See Section XV, of this Policy. 5. Specialized Equipment or Activities Cooking devices suitable for pig roasts are allowed but must remain in the parking lot or designated area. Dunk tanks, inflatables, etc. are allowed at designated areas. A Certificate of Insurance is required. A special user fee is required. Hayrides or sleigh rides are not permitted by rental groups 2, 3, and 4. 6. Animals Rental g roups 2, 3, and 4 a re not pe rmitted t o ha ve non-domesticated animals, including,but not limited to horses, on City property. 7. Fireworks/Open Fires Rental groups 2, 3, and 4 are not permitted to have fireworks. Rental groups 2, 3, 4 are not permitted to have fires, fire in fire pits, or any open flame. 8. Large Group Use Resident groups with 20 or more are required to have a rental of a facility or a large group use permit before using a park facility. 13. Food Service Food or beverages may not be sold without prior approval. Food sales must comply with the Hennepin County Health Department regulations of having a food service permit. No food or beverage may be left behind at any facility. Policy—Community Use of Parks & Recreation Rental Facilities Page 10 of 14 Where available, kitchens may not be used for commercial use (fundraising). 1. Parks, Shelters, Rented Activity Buildings Food and beverages (alcoholic included) are permitted at all locations. Catering services are permitted at all locations. Outdoor grills a re available a t s ome p ark to cations, c harcoal is n of provided. Charcoal grills or gas grills may be brought into the park and used in a safe manner on a hard, flat surface. All charcoal must be removed from the park; safe charcoal disposal sites are not available at the parks. Propane tanks or cylinders shall not be disposed of on Park/City property. Groups must provide t heir own kitchen supplies (towels,p aper products, utensils, etc.) and condiments. 2. Senior Center Food and beverages (alcoholic included) are permitted. Heating of pre-prepared food is permitted in the provided oven. Groups must provide t heir own kitchen s upplies (towels,p aper products, utensils, etc.) and condiments. 3. Community Center(EPCC) All meals, food and beverages for events and banquets must be contracted through a C ommunity C enter pre-approved cat erer or t hrough t he Community Center concessions. Vendors not on the pre-approved list will need to go through the Community Center approval process prior to serving at your event. permission of t he C ommunity C enter staff, w ill be pe rmitted t o pr ovide outside food and beverage. The items listed below may be brought in to the facility only by user groups that have a room rented: • Commercially prepared or prepackaged desserts such as cake, cookies, brownies or muffins. • Commercially prepared or pre packaged snack items such as chips or pretzels. This does not include appetizers, salads, sandwich trays and pizza type items. Policy—Community Use of Parks & Recreation Rental Facilities Page 11 of 14 • Non alcoholic plastic bottle beverages (no glass containers). Please no red drink products. All of these items may also be purchased through the Community Center Café. All groups serving food and beverage will be subject to a surcharge based on the room size. A 25% commission fee will be charged to approve caterers on all alcoholic beverages s erved at t he C ommunity C enter. C aterers must hol d a liquor license to serve in the facility. An Eden Prairie police officer must remain on site throughout the event, when alcoholic beverages are being served. Grilling is allowed in the upper lot only. No on-site preparation allowed. No freezer or refrigeration available. Groups must provide t heir own ki tchen s upplies (towels,p aper pr oducts, utensils, etc.) and condiments. 14. Alcoholic Beverages Alcoholic beverages are permitted at City facilities, EXCEPT at Eden Prairie City property adjacent to a school (with the exception of the Eden Prairie Community Center when served by a licensed vendor), Flying Cloud Fields, and Round Lake fields north of Valley View Road. Alcoholic beverages may be given by a host to the host's guests at a social event, provided that the host may not s ell or engage in a s ale of such b everages t o the guests without proper liquor licensing. No glass containers permitted within an outdoor park. Prior notice to, and approval of, the Parks and Recreation Director are required of any group/or user intending to have a keg or kegs of beer on site. Alcoholic beverages may be dispensed to persons attending a convention, banquet, conference, m eeting o r social a ffair, b y the hol der of retail, on-sale intoxicating liquor license issued by the City of Eden Prairie or an adjacent municipality who has been engaged to dispense intoxicating liquor, at an event held by a person or organization. Alcoholic be verages may be di spensed b y a n or ganization w hich holds a n intoxicating on-sale license for the on-sale intoxicating liquor to members and bona fide guests. Policy—Community Use of Parks & Recreation Rental Facilities Page 12 of 14 15. Fundraising Groups 1, 2, and 3 may c onduct f undraising a ctivities a t C ity facilities. Fundraising a ctivities i nclude, b ut a re n of limite d to : s elling a rticles o n-site, advanced ticket s ales, walks and/or runs or any other means o f collecting monies for a particular purpose or group. The City will allow City facilities to b e used for limited fundraising a ctivities to support E den P rairie b ased or ganizations with pr e-approval b y t he Director o f Parks and Recreation. At the discretion of the City, any group conducting a fundraiser will be charged a pre-determined fee by the City to cover costs of set-up, maintenance, cleaning and security of the areas utilized for the event. 1. Charitable Gambling Activities Renters conducting activities involving licensed charitable gambling (not a licensed g aming c ompany) must provide p roof of c ompliance w ith State gaming requirements an d receive City C ouncil approval. R equests m ust come before the City Council through the Parks and Recreation Department at least 45 days prior to the event date. 2. Walks and/or Runs Groups 1 a nd 2 m ay request a walk a nd/or r un w ith t he P ark Facility Scheduler no e arlier t han t he first bus iness da y of t he c alendar year i n which they wish to hold the event. Group 3 may request a walk and/or run no earlier than two weeks after the first business day of the calendar year. The walks and/or runs offered by Groups 2, and 3 will be limited to two per month,per park area. If the event uses multiple sites or a major portion of any roadway, t he num ber a nd s ize of va rious events m ight be 1 imited further. Any advertising and or promotion of the walk and/or run on park property must be r eviewed b y the P arks and R ecreation D epartment pr for t o publishing to insure conformance to the approved permit. The City must be included i n t he i ndemnification c lause s igned b y the pa rticipants i n t he event. Rental of the park building or pavilion is required to hold a walk and/or run. Walks an d/or r uns w ill b e ch arged a s pecial u serf ee b ased o n t he anticipated or actual attendance. A special event checklist will need to be completed with the licensing clerk at the Eden Prairie Police Department. Policy—Community Use of Parks & Recreation Rental Facilities Page 13 of 14 16. Decorations Failure to comply with decoration policy may result in loss of damage deposit. A decoration plan and installation methods must be pre-approved by City staff. The C ity reserves the right t o remove all decorations which do not m eet a p re- approved plan. All decorating time must be included in the rental hours. No double-sided tape or Scotch tape shall be used in decorating. Use poster putty, removable blue painters tape or removable poster tape only on flat painted walls or tables. No tape shall be used on the ceiling. No nails shall be used in decorating. No staples or tacks on flat painted walls or tables shall be used in decorating. No lit candles or open flame shall be used in decorating. No banners, streamers, balloons or signs may be attached to any facility structure or landscaping without prior approval by City staff. Any pre-approved attachments must be removed by the group using the facility immediately after the reservation period. No rice, confetti, or birdseed shall be used in activities or decorating. 17. Tents and other Props Tents or other structures with stakes, tarps, or any part or portion thereof attached to the facility are prohibited. Free-standing canopy t ents a re pe rmitted with pr for approval. S takes c annot be driven into the grounds, so tents may be secured with sandbags or weights. Any tables, chairs, dance floor, staging, free standing canopy tents or other props brought i n from of her s ources w ill not be s tored i n C ity facilities, and s hall be brought in only during rental hours; and must be removed from the facility at the end of the rental time. 18. Amplified Sound Sound Technician The C ity's S ound T echnician i s r equired for any m usical event w ith amplified sound a t t he amphitheatre. The C ity's S ound Technician s hall ha ve c omplete supervisory control over the operation of the facility. Arrangements for equipment set up and take down must by made with this person. A ccess to the stage i s for loading and unloading purposes only. The Sound Technician will determine what vehicles will have access to the stage for loading and unloading of equipment, etc. Policy— Community Use of Parks & Recreation Rental Facilities Page 14 of 14 User groups w ill be r equired t o pa y a s pecial us er fee for t he C ity's S ound Technician t o ope rate t he C ity's s ound s ystem a nd/or t he us er g roup's s ound system. User groups using a sound amplification system will be required to have the sound monitored. The noise level will be monitored and controlled by the City staff equipped with a decibel level meter. The noise level will not be allowed above 70 decibels 100 feet from the source. Failure to comply with this restriction will result in loss of damage deposit and may result in suspension of electrical power. G:\Parks and Recreation\Administration\Policy\POLICY-Community Use of P&R Rental Facilities UPDATED June 2010.doc CITY COUNCIL AGENDA DATE: SECTION: Consent June 15, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.O. Jay Lotthammer, Director, Encroachment Agreement for Private use of Parks and Recreation Public Property with Dennis F. and Kay M. Bergmann Motion Move to: Enter into an Encroachment Agreement for Private Use of Public Property with Dennis F. and Kay M. Bergmann Synopsis During the property boundary inspection visits, it was discovered that a large portion of the driveway owned by Dennis and Kay Bergmann, 6850 Tartan Curve, was partially located on City property. Staff and the City Attorney have been working with Mr. and Mrs. Bergmann to develop a written agreement to address this issue. The attached Encroachment Agreement for Private Use of Public Property has been signed by Mr. and Mrs. Bergmann and addresses the issue relating to maintaining the existing driveway on City owned property. Background During the property boundary inspection visits in the fall of 2009, it was discovered that a large portion of the driveway owned by Dennis and Kay Bergmann, 6850 Tartan Curve, was located on City property. Staff worked with the Bergmann's along with a registered surveyor to determine the exact property boundaries. In addition, staff and the City Attorney have met with the Bergmann's on several occasions to construct an Encroachment Agreement that would be acceptable to both parties. The attached Encroachment Agreement for Private Use of Public Property has been signed by Mr. and Mrs. Bergmann and addresses the issue relating to maintaining the existing driveway on City owned property. Attachments Encroachment Agreement for Private use of Public Property with Dennis F. and Kay M. Bergmann ENCROACHMENT AGREEMENT FOR PRIVATE USE OF PUBLIC PROPERTY This Agreement is made this I 1 day of (hIA , 2010, between the CITY OF EDEN PRAIRIE, Minnesota, a municipal corporation (did"City"), and Dennis F. Bergmann and Kay M. Bergmann,husband and wife (the"Owner"). RECITALS A. Owner is the fee owner of property located in the City of Eden Prairie, Minnesota (the "Owner's Property" or "Lot 1"), legally described as Lot 1, Block 1 Maple Leaf Acres 2nd Addition, County of Hennepin, State of Minnesota, according to the recorded plat thereof. B. Owner's Property abuts a parcel of property (the "Public Property") legally described as Park 1, Maple Leaf Acres 2nd Addition, Hennepin County, Minnesota, which plat is attached hereto as Exhibit A (hereinafter the "Plat"). The Public Property was deeded to City by that certain deed from Jarip Corporation to the City of Eden Prairie, dated May 3, 1977 and filed with the Hennepin County Recorder on June 7, 1977 as Document No. 4289294. C. Owner maintains a driveway on the Owner's Property, which driveway encroaches on the Public Property (referred to hereinafter as the "Driveway"). Owner desires to continue to use the Driveway in its current location and use and maintain on the Public Property a turf area adjacent to the Driveway as a mowed turf area. The Driveway and the turf area are collectively referred to herein as the "Encroachment") and are depicted on the plan (the "Plan") attached hereto as Exhibit B. The Encroachment is described as that part of the Public Property north of the north line of Owner's Property and south of a line parallel with the north line of Owner's Property, said line described as follows: DN:215645 "A line 120 feet in length beginning at the back of the curb line of Tartan Curve,which line is three (3) feet north of the most northerly point of the turnout of the Driveway and parallel with the northerly line of Lot 1." City is willing to permit the continuation of the Encroachment in the location depicted on the Plan, subject to the terms and conditions of this Agreement. AGREEMENT In consideration of the foregoing and the mutual covenants herein, the parties agree as follows: 1. PUBLIC PROPERTY. Owner acknowledges that the Encroachment identified on the Plan is situated on the Public Property. 2. RIGHT TO MAINTAIN AND USE ENCROACHMENT. Subject to the City's right to terminate this Agreement as provided elsewhere in this Agreement, Owner may maintain and use the Encroachment in its location shown on the Plan. The use of the Encroachment may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion 3. TERMINATION. This Agreement shall terminate upon the occurrence of the following: (a) The residence located as of the date hereof on the Owner's Property ("Current Residence") is substantially removed or replaced. Remodeling or the construction of one or more additions to the Current Residence shall not cause termination of this Agreement. (b) The Current Residence is destroyed by fire or other peril to the extent of greater than 50 percent of its estimated market value, as indicated in the records of the county assessor at the time of damage, and no building permit has been applied for within 180 days of when the property is damaged. Termination shall be conclusively evidenced by the filing of an affidavit of the City of Eden Prairie Director of Parks and Recreation Services with the Hennepin County Recorder- Registrar of Title (as applicable) that an event identified in 3 (a) or (b) occurred and that the Agreement is terminated. Failure to file the affidavit shall not affect the automatic termination of the Agreement. City shall provide thirty(30) days prior written notice to Owner of its intention to file the affidavit. 4. MAINTENANCE. Owner shall perform, as and when necessary, and pay the cost for, such maintenance of the Encroachment as may be reasonably necessary to maintain it in good and aesthetic condition and repair. 2 5. INDEMNITY. Owner shall indemnify, defend and hold the City and its employees, contractors, agents, representatives, elected and appointed officials, and attorneys harmless from any and all claims, damages, losses, costs and expenses, including attorneys' fees, arising from, based on, or related to the Owner being allowed to continue the Encroachment on the Public Property including, but not limited to, any claim asserted against the City as a result of this Agreement, the installation, placement, building, erection,maintenance, occupation or use of the Encroachment, failure of the Owner to maintain the Encroachment in such a condition as to prevent against injury to persons or property, and Owner's maintenance and mowing of the turf area Encroachment on the Public Property. 6. INSURANCE. Owner shall maintain a public liability insurance policy, naming City as an additional insured, which provides coverage for damage to the property of others or injury or death to persons. Such coverage shall be on an occurrence basis and shall include contractual liability coverage with respect to the indemnity obligation in Paragraph 4 above. Said policy shall contain a clause which provides the insurer will not change,non-renew, or materially change the policy without first providing the City thirty (30) days prior written notice. Owner shall provide the City with a Certificate of Insurance for such coverage that specifically details the conditions in Paragraphs 4 and 6 of this Agreement. 7. WAIVER OF CLAIMS. Owner acknowledges City's ownership of the Public Property and knowingly and voluntarily waives and releases any and all claims against the City arising from, based on, or related to Owner's being permitted to maintain the Encroachment on the Public Property as permitted by this Agreement, including but not limited to claims of abandonment, diminution in value, takings and contractual claims arising out of this Agreement, except any claims which are the result of the negligence or willful misconduct of the City or its employees or agents. Owner acknowledges being represented by legal counsel in connection with this Agreement, and that Owner has read and understands the terms of this Agreement. 8. CONDITION OF PUBLIC PROPERTY. Owner acknowledges the City has made no representations or warranties regarding the condition of the Public Property or its suitability for the uses permitted by this Agreement. 9. NO VESTED RIGHTS. This Agreement shall not constitute or be construed as creating or establishing any vested right of Owner to the Public Property or area encroached upon. 10. Owner hereby agrees to the following additional conditions: A. The Encroachment shall remain located as depicted in the Plans. B. Owner accepts all maintenance responsibility for the Encroachment and all costs associated with future removal or replacement of the Driveway. C. Drainage from Owner's and all adjacent properties shall at no time be impeded or blocked due to the use of the Encroachment. 3 D. Owner may mow and maintain the "turf area" of the Encroachment. E. In addition City retains the right to enter upon and perform work on the Public Property including the area occupied by the Encroachment if City determines, in its sole discretion, that such work is desirable or necessary. All costs related repair of the Encroachment following such work shall be the responsibility of Owner except for damage caused by any use of the Encroachment by City,which shall be City's responsibility. 11. BINDING EFFECT. Except as hereinafter provided, this Agreement shall run with the land and bind and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. Notwithstanding anything to the contrary contained in this Agreement, Owner and each successor owner of the Owner's Property shall be fully discharged and relieved of liability under this Agreement upon ceasing to own any interest in the Owner's Property; provided, however, that any obligations arising prior to cessation of ownership pursuant to Paragraph 4 of this Agreement shall not be discharged or released by the transfer of the Owner's or successor owner's, as the case may be, interest in the Property. 12. ENTIRE AGREEMENT. This Agreement contains all the terms and conditions relating to the Encroachment and replaces any oral agreements or other negotiations between the parties. No modifications of this Agreement shall be valid until they have been placed in writing and signed by all parties hereto. 13. RECORDING. City may cause this Agreement to be filed for record with the Hennepin County Recorder/Registrar of Title (as applicable). 14. NOTICE. Every notice or other communication authorized or required by this Agreement, shall be effective if given in writing and sent by United States regular mail, with postage pre-paid, and addressed to City or Owner at the following addresses or such other addresses as either party may, from time to time, designate in writing. Any such notice shall be deemed given as of the date of the postmark thereof. If to City: 8080 Mitchell Road Eden Prairie, MN 55344 If to Owner: 6850 Tartan Curve Eden Prairie, MN 55346 4 (Signatures on following page) CITY OF EDEN PRAIRIE By Phil Young,Mayor By Scott H.Neal, City Manager Dennis F. Bergmann (41. Kay M. C ergmann 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 then Mayor and City Manager of the City of Eden Prairie, Minnesota, a municipal corporation on behalf of the corporation. NOTARY PUBLIC STATE OF MINNESOTA ) Se ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this Iq day of rn 2010,by Dennis F. Bergmann. JENNIFaER RAU �,�D.�,�/� } Notary P lic Minnesota UBLI.: M Commission ExslresJanua 31 201 ; 5 EXHIBIT A MAPLE LEAF ACRES 2ND ADDITION GRDOGNGPAGE j- tZ _ " . .f$4a= _- s ..x.µ t,Rq,,;.K«•. 5",m.'.4 .;•,&;°;..t::P`:S"„' - -' -- € ! — 1, 1 I �'s.o.,.., � et2 t ; '?ate L„' , 1,_ i., ,,----,_57 :;:z ,,,,.,.,,„,. ,:...7..j./1,:_f'..;,';icii:,r1--1 C f r 1 r f; *^x III' .....,LIVI:I�.. 'r4`e°.�.,d "' 9 °"1'" 1 n.w...e ,. .' ' ni .r... - .n., i ,,aft f .. 'L-:o%!6/...J # ; e P J o `` 3a n,." ,~.ew......�..sae" irr- ,..-..-...,-,,..------- I,=--7:,----.: ,,...,-7:„-.-,=*,,iji" ti= .,..;;T:,-.......=-------- u _1 .#. 52 a`tZ `�4 �. �'d i1 ,s-r.a. W ,w,.'i L N . 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Hennepin Coanty done sot guar tea the attDrecy of material herele conbined and to nsf lespondble for any INsrrsd br nd4reDre5?ntatiDn of lbs Idhrmatlon or 2K deocalioY. i itA Approximate locationmay : �`a of North line of Enctuoachment t ono .. _ Approximate location of South line of '''-'''.,:1;""°:- 5• .±- 1.1- - 4 ' 41' :/**, 't. Enchroachment _ ; .x '' x. - s'-� J// i ram" f 5 3 - --�3 R 2, �f - �_T z 8 STATE OF MINNESOTA ) �a,.� ) ss. COUNTY OF I ENNEPIN ) The foregoing instrument was acknowledged before me this I4 day of Yn(u4 2010,by Kay M. Bergmann. 4,► *t� JENNIFER RAU %mkt. Nota Pu lic ..(AU4 40 Minnesota N(0)011ARY PUB IC 4 M CommIssion Expires Janua 31 2013 This instrument was drafted by: Richard F.Rosow Esq. Gregerson,Rosow,Johnson&Nilan,Ltd. 650 Third Avenue South, Suite 1600 Minneapolis,MN 55402-4337 Telephone: (612) 436-7477 1605.001\Bergmann Driveway Encroachment\Documents\DRAFTs\Encroachment Agreement for Private Use of Public Property 2010 04 06.doc 6 CITY COUNCIL AGENDA DATE: June 15, 2010 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: Prairie Meadow ITEM NO.: VIII.P. Office of the City Manager, Finance/ Sue Kotchevar Housing Revenue Note Resolution Requested Action Move to: Adopt Resolution Authorizing the Issuance, Sale and Delivery of a Multifamily Housing Revenue Note (Prairie Meadows Project), Series 2010; and Prescribing the form of and Authorizing the Execution of Related Documents. Synopsis Community Housing Development Corporation (CHDC) desires to refinance certain taxable bonds previously issued by CHDC to refund certain tax-exempt bonds issued by the City to finance the cost of acquisition and rehabilitation of a 168-unit multifamily residential rental housing development for occupancy by persons and families of low and moderate income (the "Project"), located at 11345 Westwind Drive in the City, and generally known as Prairie Meadows Apartments, and financing additional improvements to the Project and related costs. The action requested tonight is the final approval of the issuance of the Note. Background Information By Resolution No. 2010 -22, adopted on February 16, 2010, the City has given preliminary approval to the issuance of its Multifamily Housing Revenue Note (Prairie Meadows Project), Series 2010 (the "Note") for the purpose of refinancing certain taxable bonds previously issued by CHDC to refund certain tax-exempt bonds issued by the City to finance the cost of acquisition and rehabilitation of a 168-unit multifamily residential rental housing development for occupancy by persons and families of low and moderate income (the "Project"), located at 11345 Westwind Drive in the City, and generally known as Prairie Meadows Apartments, and financing additional improvements to the Project and related costs. CHDC will convey the Project to Community Housing Development Corporation Prairie Meadows, LLC, a Minnesota limited liability company (the "Borrower"), of which CHDC will be the sole member. The Note will be issued under the Resolution proposed to be adopted this evening (the "Resolution"), and the proceeds of the Note will be loaned to the Borrower pursuant to a Loan Agreement (the "Loan Agreement"). The Note will be secured by a pledge of all rights and revenues derived by the City from the Loan Agreement (except certain retained rights of the City). The Note and the interest on said Note shall be payable solely from the revenues pledged therefore and the Note shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation nor give rise to a pecuniary liability of the City or a charge against its general credit or assets and shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the City other than the City's interest in the Project, and the revenues from the Project shall be pledged for the security and payment of the Note (except as may otherwise be set forth in the Pledge Agreement hereinafter referred to). Attachment Resolution CERTIFICATION OF MINUTES RELATING TO ISSUANCE OF MULTIFAMILY HOUSING REVENUE NOTE (PRAIRIE MEADOWS PROJECT), SERIES 2010 City: City of Eden Prairie Governing Body: City Council Kind, date,time and place of meeting: A regular meeting,held on June 15, 2010, at p.m., at the City Hall in Eden Prairie, Minnesota. Members present: Members absent: Documents Attached: minutes of said meeting (pages): to including: RESOLUTION NO. RESOLUTION AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF A MULTIFAMILY HOUSING REVENUE NOTE(PRAIRIE MEADOWS PROJECT), SERIES 2010; AND PRESCRIBING THE FORM OF AND AUTHORIZING THE EXECUTION OF RELATED DOCUMENTS. I,the undersigned,being the duly qualified and acting recording officer of the municipal corporation issuing the obligations referred to in the title of this certificate, certify that the documents attached hereto, as described above,have been carefully compared with the original records of the corporation in my legal custody, from which they have been transcribed;that the documents are a correct and complete transcript of the minutes of a meeting of the governing body of the corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at the meeting,insofar as they relate to the obligations; and that the meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above,pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer and the seal of the City this day of , 2010. City Clerk (SEAL) AUTHORIZING RESOLUTION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2010- RESOLUTION AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF A MULTIFAMILY HOUSING REVENUE NOTE(PRAIRIE MEADOWS PROJECT), SERIES 2010; AND PRESCRIBING THE FORM OF AND AUTHORIZING THE EXECUTION OF RELATED DOCUMENTS. WHEREAS,the City of Eden Prairie(the"City")is a municipal corporation and political subdivision duly organized and existing under the Constitution and laws of the State of Minnesota; and WHEREAS,pursuant to the Constitution and laws of the State of Minnesota,particularly Minnesota Statutes, Chapter 462C, as amended (the "Act"), the City is authorized to carry out the public purposes described therein and contemplated thereby in the financing of housing within its jurisdiction, by issuing revenue notes and bonds to defray, in whole or in part, the development costs of a low and moderate income rental housing development, and by entering into any agreements made in connection therewith and by pledging any such agreements as security for the payment of the principal of and interest on any such revenue notes and bonds; and WHEREAS, by Resolution No. 2010-22, adopted on February 16, 2010, the City has given preliminary approval to the issuance of its Multifamily Housing Revenue Note (Prairie Meadows Project), Series 2010(the"Note")for the purpose of refinancing certain taxable bonds previously issued by Community Housing Development Corporation (the "Member") to refund certain tax-exempt bonds issued by the City to finance the cost of acquisition and rehabilitation of a 168-unit multifamily residential rental housing development for occupancy by persons and families of low and moderate income (the "Project"), located at 11345 Westwind Drive in the City, and generally known as Prairie Meadows Apartments, and financing additional improvements to the Project and related costs; and WHEREAS,the Member will convey the Project to Community Housing Development Corporation Prairie Meadows,LLC,a Minnesota limited liability company(the"Borrower"),of which the Member will be the sole member; and WHEREAS, the Note will be issued under this Resolution (the "Resolution"), and the proceeds of the Note will be loaned to the Borrower pursuant to a Loan Agreement(the"Loan Agreement"), and the Note will be secured by a pledge of all rights and revenues derived by the City from the Loan Agreement(except certain retained rights of the City),and said Note and the interest on said Note shall be payable solely from the revenues pledged therefor and the Note shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation nor give rise to a pecuniary liability of the City or a charge against its general credit or assets and shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any AUTHORIZING RESOLUTION 2 property of the City other than the City's interest in the Project, and the revenues from the Project shall be pledged for the security and payment of the Note(except as may otherwise be set forth in the Pledge Agreement hereinafter referred to); and WHEREAS,forms of the following documents(including the exhibits referred to therein) have been submitted to the City: a. The Loan Agreement to be made and entered into between the City and the Borrower providing for the loan of the proceeds of the Note to the Borrower,and for the repayment of such loan; b. The Pledge Agreement to be made and entered into between the City and U.S. Bank National Association (the "Lender"), pledging the City's right, title and interest in the Loan Agreement as the security of the Note, and setting forth proposed covenants and agreements with respect thereto; c. The Amended and Restated Regulatory Agreement between the City,the Lender and the Borrower (the "Regulatory Agreement"); d. The form of Note from the City to the Lender; and e. The Combination Mortgage, Security Agreement, Assignment of Rents and Leases and Fixture Financing Statement from the Borrower to the City (the "Mortgage"), and the Assignment of Mortgage from the City to the Lender (the "Assignment"). The agreements described and referred to in paragraphs a through e above shall hereinafter sometimes be referred to collectively as the "Agreements"; NOW,THEREFORE,BE IT RESOLVED BY THE CITY OF EDEN PRAIRIE THAT: Section 1. The City acknowledges, finds,determines, and declares that the preservation of the quality of life in the City is dependent upon the maintenance,provision, and preservation of an adequate housing stock which is affordable to persons and families of low or moderate income, and that accomplishing this is a public purpose. Section 2. There is hereby authorized the issuance of the Note,in an aggregate principal amount not to exceed$6,000,000. The Note shall bear interest at such rate not to exceed 5.65% per annum(which may be the actual rate of the Note, or the rate which is the effective rate after entering into an interest rate swap), shall be in such denomination, shall be numbered, shall be dated, shall mature, shall be subject to redemption prior to maturity, shall be in such form, and shall have such other details and provisions as are prescribed by the form of the Note and the Loan Agreement described herein. The final principal amount and interest rate shall be determined by the City Manager, in his discretion; provided that the execution thereof by the City Manager shall be conclusive evidence of such determination. AUTHORIZING RESOLUTION 3 Section 3. The Note shall be a special obligation of the City payable solely from the revenues of the Project. The Note does not constitute an indebtedness,liability,general or moral obligation or a pledge of the faith and credit or any taxing power of the City, the State of Minnesota, or any political subdivision thereof. Notwithstanding anything contained in the Note or Agreements or this Resolution, the Note,premium,if any,and interest thereon shall not constitute an indebtedness of the City within the meaning of any constitutional,charter or statutory limitation and shall not constitute or give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers and shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City other than its interest in the Project, and no owner of the Note shall ever have the right to compel any exercise of the taxing power of the City to pay the Note or the interest thereon or to enforce payment thereof against any property of the City other than its interest in the Project. The agreement of the City to perform the covenants and other provisions contained in this Resolution or the Note or the Agreements shall be subject at all times to the availability of revenues furnished by the owner sufficient to pay all costs of such performance or the enforcement thereof, and neither the City nor any of its officers, employees or agents shall be subject to any personal or pecuniary liability thereon. No failure of the City to comply with any terms, conditions, or agreement therein shall subject the City or its officers,employees or agent to liability for any claim for damages,costs or other financial or pecuniary charges except to the extent that the same can be paid or recovered from the Agreements or revenues therefrom or proceeds of the Note. Section 4. The Mayor of the City (the "Mayor") and the City Manager of the City(the "City Manager") are hereby designated as the representatives of the City with respect to the issuance of the Note and the transactions related thereto. Section 5. The Note and Agreements in substantially the forms submitted to the City at this meeting are hereby approved. Such of the documents as require the execution of the City are hereby authorized and directed to be executed or accepted, as the case may be, and delivered in the name and on behalf of the City by its Mayor and City Manager upon execution thereof by the parties thereto as appropriate. The Note and the Agreements shall be executed and delivered as provided therein. Copies of all the documents necessary for the consummation of the transactions described herein and in the Agreements shall be delivered, filed and recorded as provided herein and in the Agreements. The form and terms of the Note and Agreements may be varied prior to execution and delivery by the parties thereto,provided that any such variance shall not be,in the opinion of the City's legal counsel and the City Manager, materially adverse to the interests of the City. The execution and delivery of the Note and Agreements as provided above shall be conclusive evidence of the determination that any such variance was not materially adverse to the interests of the City. Section 6. The sale of the Note to the Lender is hereby approved and the Note is hereby directed to be sold to the Lender,upon the terms and conditions set forth in the Agreements and AUTHORIZING RESOLUTION 4 the Note. The Mayor and City Manager of the City are hereby authorized and directed to prepare and execute by manual or facsimile signature the Note as described in the Agreements and to deliver it to the Lender together with a certified copy of this Resolution,and the other documents required by the Agreements. Section 7. Except as otherwise provided in this resolution, all rights, powers, and privileges conferred, and duties and liabilities imposed,upon the City by the provisions of this Resolution or other documents authorized hereby shall be exercised or performed by the City,or by such officers,board,body,or agency as may be required or authorized by law to exercise such powers and to perform such duties. No covenant, stipulation, obligation, representation, or agreement herein contained or contained in the other documents authorized hereby shall be deemed to be a covenant, stipulation, obligation, representation, or agreement of any officer, agent, or employee of the City in that person's individual capacity, and neither the members of this City Council nor any officer or employee executing the Note shall be liable personally on the Note or be subject to any personal liability or accountability by reason of the issuance thereof Section 8. Except as herein otherwise expressly provided, nothing in this Resolution, expressed or implied, is intended or shall be construed to confer upon any person, firm, or corporation other than the City,and the owners of the Note,any right,remedy,or claim,legal or equitable,under and by reason of this Resolution or any provision hereof;this Resolution and all of its provisions being intended to be and being for the sole and exclusive benefit of the City and the owners of the Note issued under the provisions of this Resolution. Section 9. In case any one or more of the provisions of this Resolution or of the Note issued hereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this Resolution or of the Note,but this Resolution and the Note shall be construed as if such illegal or invalid provision had not been contained therein. Section 10. The Mayor and City Manager of the City,officers of the City, and attorneys and other agents or employees of the City are hereby authorized to do all acts and things required by them by or in connection with this Resolution and the other documents referred to above for the full, punctual, and complete performance of all the terms, covenants, and agreements contained in the Note and the other documents referred to above, and this resolution. Section 11. The Mayor and the City Manager are hereby designated and authorized to take such administrative action as is permitted or required in connection with the issuance of the Note by the terms of the Loan Agreement,the Regulatory Agreement and the Pledge Agreement. Section 13. The Mayor and the City Manager of the City are authorized and directed to execute and deliver any and all certificates, agreements or other documents which are required by the Loan Agreement,the Pledge Agreement, the Regulatory Agreement,the Assignment or any other agreements, certificates or documents which are deemed necessary or appropriate by bond counsel to evidence the validity or enforceability of the Note or the other documents referred to in this Resolution, or the security therefore, or to evidence compliance with Section 145, 148 or Section 142(d)of the Internal Revenue Code of 1986,as amended(the"Code");and AUTHORIZING RESOLUTION 5 all such agreements or representations when made shall be deemed to be agreements or representations, as the case may be, of the City. Section 14. If for any reason the Mayor or City Manager of the City is unable to execute and deliver those documents referred to in this Resolution, any member of the City Council of the City may execute and deliver such documents with the same force and effect as if such documents were executed by the Mayor or the City Manager. Section 15. This resolution shall be in full force and effect from and after its passage. ADOPTED by the Eden Prairie City Council on this 15th day of June, 2010. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk th us.5217313.03 AUTHORIZING RESOLUTION 6 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 15, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.Q. Stuart Fox, Parks and Natural Resolution Authorizing Limited-Use Permit for Resources Manager, Parks and Non-Motorized Recreational Trail Recreation Motion Move to: Adopt the resolution authorizing limited use permit for non-motorized trail. Synopsis The city Park and Open Space Plan has shown a transportation trail linking Riley Lake Road with Rice Marsh Lake Park for over 25 years. During the Highway 212 design process,plans to accommodate this trail corridor were included in the final design. When the Highway 212 Bridge crossing of Riley Creek was constructed a trail corridor was graded into the bank on the west side of the creek by the contractor. Prior to planning and construction there was a considerable amount of land acquired for the 212 road corridor. Because of the presence of wetlands and woodlands there is quite a bit of excess road right of way on the north side of the highway adjacent to Rice Marsh Lake Park. This is the area where the proposed trail will be built on MN DOT property. As we move forward with plans and specifications (in preparation to bid out the construction of the bike trail link between Riley Lake Road and Rice Marsh Lake Park),the city staff has been in discussions with staff at MN DOT in regards to building a trail on their right of way property. In order to build,maintain and operate a bike trail the city must enter into a Limited-Use Permit. This resolution from the City Council is the first step in developing this document. With passage of the resolution the Mayor and City Manager will be authorized to sign the final Limited Use Permit on behalf of the City after its preparation MN DOT staff. It is anticipated that the Limited Use Permit will be prepared and ready for signatures by the end of July. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2010- RESOLUTION AUTHORIZING LIMITED-USE PERMIT FOR NON-MOTORIZED RECREATIONAL TRAIL WHEREAS, the City Council of the City of Eden Prairie is the official governing body of the City of Eden Prairie; and WHEREAS, the City of Eden Prairie desires to construct a non-motorized recreational trail from Rice Marsh Lake Park to Riley Creek; and WHEREAS, this non-motorized recreational trail will leave city property and cross the right of way property for Truck Highway 212; and WHEREAS, the State of Minnesota Department of Transportation requires a limited-use permit for all non-motorized recreational trails constructed within their right-of-way. NOW, THEREFORE, BE IT RESOLVED that the Mayor and City C ouncil of the City o f Eden Prairie do authorize the approval of a limited-use permit for the construction, maintenance and operation of a non-motorized recreational tr ail within the right-of-way o f Trunk Highway 212. ADOPTED by the Eden Prairie City Council on June 15, 2010. Phil Young, Mayor SEAL ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE June 15, 2010 SECTION: Consent Calendar 1 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.R. George Esbensen Fire Department Renew Service Contract - Motorola Requested Action: Move to: Approve renewal of the annual maintenance contract with Motorola for the Dispatch Consoles and the NICE logging recorders. Synopsis: The annual maintenance fee is $25,254.96. This contract mirrors last year's contract within the "Scope of Work" and reflects a decrease in cost of$698.28 Background Information: Motorola is the supplier for the 3 Motorola MC7500 dispatch consoles and partners with NICE to integrate the requirements for recording in dispatch. Attachments: • Contract • Addendum • Statement of Work MOTOROLA SERVICE AGREEMENT Attn:National Service Support/4th fl Contract Number: S00001013903 1301 East Algonquin Road Contract Modifier: RN30-JAN-10 06:56:24 Schaumburg, IL 60196 (800)247-2346 Supercedes Agreement(s): Date: 05/12/2010 Company Name: Eden Prairie Fire Dept, City Of Required P.O.: No Attn: Customer# : 1036447929 Billing Address: 14800 Scenic Heights Rd Bill to Tag# : 0001 City, State, Zip: Eden Prairie, MN 55344 Contract Start Date: 05/01/2010 Customer Contact: Mark Vandenberghe Contract End Date: 04/30/2011 Phone: (952)949-8368 Anniversary Day: Apr 30th Fax: Payment Cycle: ANNUAL Tax Exempt: Pays State Only PO# : Qty Model/Option Description Monthly Ext Extended ***** Recurring Services ***** SVC01SVC1101C INFRASTRUCTURE REPAIR WITH ADV REPL $ 138.50 $ 1,662.00 1 SVC060AD ASTRO25 DISPATCH SITE 4 SVC062AD ASTRO25 OPERATOR POSITIONS SVCO1SVC2007C SP - ONSITE INFRASTRUCTURE RESPONSE $ 750.08 $ 9,000.96 1 SITE(S) 4 MCC7500 SVCO1 SVC2011 C SP - DISPATCH SERVICES $ .02 $ .24 1 SITE(S) SVCO2SVC0126A SP-NICE GOLD-LITE PACKAGE $ 1,215.98 $ 14,591.76 1 NICE IP OR MGEG LOGGER SPECIAL INSTRUCTIONS -ATTACH STATEMENT OF WORK FOR Subtotal - Recurring Services $ 2,104.58 $ 25,254.96 PERFORMANCE DESCRIPTIONS Subtotal - One-Time Event $ .00 $ .00 Services Total $2,104.58 $25,254.96 Taxes -Grand Total $ 2,104.58 $ 25,254.96 THIS SERVICE AMOUNT IS SUBJECT TO STATE AND LOCAL TAXING JURISDICTIONS WHERE APPLICABLE,TO BE VERIFIED BY MOTOROLA. Subcontractor(s) City State MOTOROLA SYSTEM SUPPORT ELGIN IL CENTER MOTOROLA SYSTEM SUPPORT SCHAUMBURG IL CTR-CALL CENTER D0066 ANCOM TECHNICAL CENTER BURNSVILLE MN NICE SYSTEMS INC RESTON VA I received Statements of Work that describe the services provided on this Agreement.Motorola's Service Terms and Conditions,a copy of which is attached to this Service Agreement,is incorporated herein by this reference. AUTHORIZED CUSTOMER SIGNATURE TITLE DATE CUSTOMER (PRINT NAME) MOTOROLA REPRESENTATIVE (SIGNATURE) TITLE DATE Gary Range MOTOROLA REPRESENTATIVE (PRINT NAME) PHONE FAX ADDENDUM A This Addendum A amends that certain Service Agreement dated May 12, 2010, entered into by and between City of Eden Prairie and Motorola, Inc., Contract Number S00001013903. 1. Definitions. The following definitions apply to this Appendix. 1.1 "Customer"means City of Eden Prairie. 1.2 "Motorola"means Motorola, Inc. 1.3 "Contract"means the contract or agreement that this Appendix is attached. 2. Section 8 Payment. Section 8, is amended by deleting the phrase "twenty (20) days and inserting"thirty(30) days." 3. Section 11 LIMITATION OF LIABILITY. Section 11 is amended in its entirety as follows: Except for personal injury or death, Motorola's total liability, whether for breach of contract, warranty, negligence, strict liability in tort, or otherwise, will be limited to the direct damages recoverable under law. This limitation of liability will survive the expiration or termination of this Agreement and applies notwithstanding any contrary provision. 4. Section 13 Proprietary Information; Confidential; Intellectual Property Rights. Section 13.1 is amended as follows: 13.1 Any information or data in the form of specifications, drawings, prints, technical information or otherwise furnished to Customer under this Agreement will remain Motorola's property, will be deemed proprietary, will be kept confidential, and will be promptly returned at Motorola's request. Customer may not disclose, any non- public or private information or data to any person. Customer may not use confidential information or data itself for any purpose other than performing its obligations under this Agreement. Notwithstanding the foregoing, all information and data shall be subject to disclosure pursuant to the requirements of the Minnesota Government Data Practices Act, Minn. Stat. § 13.01, et seq.. 5. Section 13 Proprietary Information; Confidential; Intellectual Property Rights. Section 13.2 is deleted in its entirety. 6. Audits. The books, records, documents, and accounting procedures and practices of Motorola, and its assigns and subcontractors, relevant to this agreement are subject to examination by Customer and either Legislative Auditor or the State Auditor for a period of six years after the effective date of this Contract. In no circumstances will Motorola be required to create or maintain documents not kept in the ordinary course of Motorola's 1 business operations, nor, except as otherwise required by the Minnesota Government Data Practices Act, will Motorola be required to disclose any information, including but not limited to product cost data, which it considers confidential or proprietary to Motorola. 7. Worker's Compensation. Contracting Party represents that it has and will maintain during the performance of this agreement worker's compensation insurance coverage required pursuant to Minn. Stat. § 176.181, subd. 2 and that the certificate of insurance or the written order of the Commissioner of Commerce permitting self insurance of worker's compensation insurance coverage provided to Customer upon execution of this agreement. 8. Discrimination. In performance of this contract, Motorola shall not discriminate on the grounds of or because of race, color, creed, religion, national origin, sex, marital status, status with regards to public assistance, disability, sexual orientation, or age against any employee of Motorola, any subcontractor of Motorola, or any applicant for employment. Motorola shall include a similar provision in all contracts with subcontractors to this contract. Motorola further agrees to comply with all aspects of the Minnesota Human Rights Act, Minn. Stat. § 363.01, et seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 9. Conflicts. No salaried officer or employee of Customer and no member of the Board of Customer 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. 10. Claims. To receive any payment on this Contract, 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." 11. Contracting Party's Prompt Payment of Subcontractors. Motorola shall pay to any subcontractor within ten (10) days of Motorola's receipt of payment from Customer for undisputed services provided by the subcontractor. Motorola shall pay interest of one and a half percent (1 '/2%) per month or any part of a month to a subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, Motorola shall pay the actual amount due to the subcontractor. 12. Limitation of Remedies In the event of a breach of the Contract by either party, neither party shall be entitled to recover punitive, special or consequential damages. 2 By signing this Addendum A the parties acknowledge that the above provisions become part of the Service Agreement. MOTOROLA, INC. CITY OF EDEN PRAIRIE By By Its Its Mayor By Its City Manager MT # LA Statement of Work (SOW) for the City of Eden Prairie, MN Four position MCC7500 Dispatch Control Console NICE Logging Recorder Overview This SOW is predicated upon a support contract with Motorola being in place for the 2010 calendar year for the entire MN Metro/ARMER Radio System. Given that, a number of services that we would normally recommend for your sub-system are covered under that agreement. This includes: Technical Support, Software Subscription Agreement and Pre-Tested Subscription Service. Equipment covered under this Statement of Work is as follows: • (4)Operator Positions CentraCom MCC7500 Control Console • (1)NICE Logging Recorder Service is being provided for the following supplemental support for your system given the above caveats: • OnSite Infrastructure Response with Local Dispatch by AnCom Technical Services for all infrastructure listed above. • Infrastructure Repair with Advanced Replacement for all infrastructure listed above. • Gold-Lite Level Support for the NICE Logging Recorder OnSite Infrastructure Response with Local Dispatch(SP-OnSite Infrastructure Response) 1.0 Description of Service OnSite Infrastructure Response provides for on-site technician Response by a Servicer. A Servicer will respond to the Customer location based on pre-defined Severity Levels set forth in the Severity Definitions Table and Response times set forth in the Response Time Table in order to Restore the System. The terms and conditions of this Statement of Work(SOW) are an integral part of Motorola's Service Terms and Conditions or other applicable Agreement to which it is attached and made a part thereof by this reference. 2.0 Motorola Servicer has the following responsibilities: 2.1 Continuously receive service requests. 2.2 Assign and dispatch technical resources and provide estimated time of arrival (ETA) to Customer. 2.3 Servicer will perform the following on-site: 2.3.1 Run diagnostics on the Infrastructure or FRU. 2.3.2 Replace defective Infrastructure or FRU, as applicable. Customer, Servicer or Motorola may provide Infrastructure or FRU. 2.3.3 Provide materials,tools,documentation,physical planning manuals, diagnostic/test equipment and any other requirements necessary to perform the Maintenance service. 2.3.4 If a third party Vendor is needed to Restore the System,the Servicer may accompany that Vendor onto the Customer's premises. 1 lat rRA 2.4 Verify with Customer that Restoration is complete or System is functional. If Customer cannot be contacted within twenty(20)minutes of Restoration,the Servicer will leave the Customer site. 2.5 Provide the service ticket document to Customer,when requested. Service ticket document should include the following: 2.5.1 Resolution action. 2.5.2 Provide defective FRU or part number(model#)used. 3.0 Customer has the following responsibilities: 3.1 Contact Servicer, as necessary,to request service Continuously. 3.2 Allow Servicers access to Equipment. 3.3 Supply Infrastructure or FRU as needed in order for Motorola to Restore the System as set forth in paragraph 2.3.2. 3.4 Maintain and store in an easily accessible location any and all Software needed to Restore the System. 3.5 Maintain and store in an easily accessible location proper System backups. 3.6 For E911 systems,test the secondary/backup PSAP connection to be prepared in the event of a catastrophic failure of a system. Train appropriate personnel on the procedures to perform the function of switching to the backup PSAP. 3.7 Contact the Servicer upon expiration of Response time goal. 3.8 Upon being contacted by the Servicer requesting Verification of a Restoration as described above in Section 2.4,respond to that request within twenty(20)minutes. 3.9 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide this service to Customer. Severity Definitions Table Severity Level Problem Types Severity 1 • Response is provided Continuously • Major System failure • 33%of System down • 33%of Site channels down • Site Environment alarms (smoke,access,temp,AC power. • This level is meant to represent a major issue that results in an unusable system, sub-system, Product, or critical features from the Customer's perspective.No Work-around or immediate solution is available. Severity 2 • Response during Standard Business Day • Significant System Impairment not to exceed 33% of system down • System problems presently being monitored • This level is meant to represent a moderate issue that limits a Customer's normal use of the system, sub-system,product,or major non-critical features from a Customer's perspective Severity 3 • Response during Standard Business Day • Intermittent system issues • Information questions • Upgrades/preventative maintenance • This level is meant to represent a minor issue that does not preclude use of the system, sub-system,product,or critical features from a Customer's perspective. It may also represent a cosmetic issue, including documentation errors,general usage questions,recommendations for 2 0 morcanoLA product enhancements or modifications,and scheduled events such as preventative maintenance or product/system upgrades. Response Time Table(Customer's Response Time Classification is designated in the Service Agreement) Severity Regular Response Time Premier Response Time Limited Response Time Level Severity 1 Within 4 hours from Within 2 hours from Within 4 hours from receipt of Notification receipt of Notification receipt of Notification Continuously Continuously Standard Business Day Severity 2 Within 4 hours from Within 4 hours from Within 4 hours from receipt of Notification receipt of Notification receipt of Notification Standard Business Day Standard Business Day Standard Business Day Severity 3 Within 24 hours from Within 24 hours from Within 24 hours from receipt of Notification receipt of Notification receipt of Notification Standard Business Day Standard Business Day Standard Business Day Infrastructure Repair with Advanced Replacement 1.0 Description of Services Infrastructure Repair is a repair service for Motorola and select third party Infrastructure as set forth in the applicable attached Exhibit, all of which are hereby incorporated into this Statement of Work(SOW)by this reference. Infrastructure may be repaired down to the Component level, as applicable, at the Motorola Infrastructure Depot Operations (IDO). At Motorola's discretion, select third party Infrastructure may be sent to the original equipment manufacturer or third party vendor for repair. If Infrastructure is no longer supported by the original equipment manufacturer or third party vendor,Motorola may replace Infrastructure with similar Infrastructure,when possible. When available,Motorola will provide Customer with an Advanced Replacement unit(s) or FRU(s)in exchange for Customer's malfunctioning FRU(s).Non-standard configurations, Customer-modified Infrastructure and certain third party Infrastructure are excluded from Advanced Replacement service. Malfunctioning FRU(s)will be evaluated and repaired by IDO and returned to IDO FRU inventory upon completion of repair. In cases where Advanced Replacement is not available or when a Customer requires the exact serial number to be returned, a FRU may be available on a Loaner basis. The terms and conditions of this SOW are an integral part of Motorola's Service Terms and Conditions or other applicable agreement to which it is attached and made a part thereof by this reference. 2.0 Motorola has the following responsibilities: 2.1 Use commercially reasonable efforts to maintain an inventory of FRU. 2.2 Provide new or reconditioned units as FRU to Customer or Servicer,upon request and subject to availability. The FRU will be of similar kit and version, and will contain like boards and chips, as the Customer's malfunctioning Infrastructure. 2.3 Program FRU to original operating parameters based on templates provided by Customer as required in Section 3.5. If Customer template is not provided or is not reasonably usable,a standard default template will be used. 3 le MOTOROLA 2.4 Properly package and ship Advanced Replacement FRU from IDO's FRU inventory to Customer specified address. 2.4.1 During normal operating hours of Monday through Friday 7:00am to 7:00pm CST, excluding holidays,FRU will be sent next day air via Federal Express Priority Overnight or UPS Red,unless otherwise requested. Motorola will pay for such shipping,unless Customer requests shipments outside of the above mentioned standard business hours and/or carrier programs, such as NFO(next flight out). In such cases,Customer will be subject to shipping and handling charges. 2.4.2 When sending the Advanced Replacement FRU to Customer,provide a return air bill in order for Customer to return the Customer's malfunctioning FRU. The Customer's malfunctioning FRU will become property of DO and the Customer will own the Advanced Replacement FRU. 2.4.3 When sending a Loaner FRU to Customer, IDO will not provide a return air bill for the malfunctioning Infrastructure. The Customer is responsible to arrange and pay for shipping the malfunctioning Infrastructure to IDO. IDO will repair and return the Customer's Infrastructure and will provide a return air bill for the customer to return IDO's Loaner FRU. 2.5 Provide repair return authorization number upon Customer request for Infrastructure that is not classified as an Advanced Replacement or Loaner FRU. 2.6 Receive malfunctioning Infrastructure from Customer and document its arrival, repair and return. 2.7 Perform the following service on Motorola Infrastructure: 2.7.1 Perform an operational check on the Infrastructure to determine the nature of the problem. 2.7.2 Replace malfunctioning FRU or Components. 2.7.3 Verify that Motorola Infrastructure is returned to Motorola manufactured specifications, as applicable 2.7.4 Perform a Box Unit Test on all serviced Infrastructure. 2.7.5 Perform a System Test on select Infrastructure. 2.8 Provide the following service on select third party Infrastructure: 2.8.1 Perform pre-diagnostic and repair services to confirm Infrastructure malfunction and eliminate sending Infrastructure with no trouble found (NTF)to third party vendor for repair,when applicable. 2.8.2 Ship malfunctioning Infrastructure to the original equipment manufacturer or third party vendor for repair service,when applicable. 2.8.3 Track Infrastructure sent to the original equipment manufacturer or third party vendor for service. 2.8.4 Perform a post-test after repair by Motorola, original equipment manufacturer,or third party vendor to confirm malfunctioning Infrastructure has been repaired and functions properly in a Motorola System configuration, when applicable. 2.9 Re-program repaired Infrastructure to original operating parameters based on templates provided by Customer as required by Section 3.5. If Customer template is not provided or is not reasonably usable, a standard default template will be used. If IDO determines that the malfunctioning Infrastructure is due to a Software defect,IDO reserves the right to reload Infrastructure with a similar Software version. Enhancement Release(s), if needed, are subject to additional charges to be paid by Customer unless the Customer has a Motorola Software Subscription agreement. 4 MOTOROLA 2.10 Properly package repaired Infrastructure unless Customer's malfunctioning FRU was exchanged with an DO FRU. Motorola will return Customer's FRU(s)to IDO's FRU inventory,upon completion of repair. 2.11 Ship repaired Infrastructure to the Customer specified address during normal operating hours set forth in 2.4.1. FRU will be sent two-day air unless otherwise requested. Motorola will pay for such shipping,unless Customer requests shipments outside of the above mentioned standard business hours and/or carrier programs, such as NFO (next flight out). In such cases, Customer will be subject to shipping and handling charges. 3.0 Customer has the following responsibilities: 3.1 Contact or instruct Servicer to contact the Motorola System Support Center(SSC) and request an Advanced Replacement, or Loaner FRU and a return authorization number(necessary for all non-Advanced Replacement repairs)prior to shipping malfunctioning Infrastructure or third party Infrastructure named in the applicable attached Exhibit. 3.1.1 Provide model description,model number, serial number,type of System and Firmware version, symptom of problem and address of site location for FRU or Infrastructure. 3.1.2 Indicate if Infrastructure or third party Infrastructure being sent in for service was subjected to physical damage or lightning damage. 3.1.3 Follow Motorola instructions regarding inclusion or removal of Firmware and Software applications from Infrastructure being sent in for service. 3.1.4 Provide Customer purchase order number to secure payment for any costs described herein. 3.2 Pay for shipping of Advanced Replacement or Loaner FRU from IDO if Customer requested shipping outside of standard business hours or carrier programs set forth in section 2.4.1. 3.3 Within five(5) days of receipt of the Advanced Replacement FRU from IDO's FRU inventory,properly package Customer's malfunctioning Infrastructure and ship the malfunctioning Infrastructure to IDO for evaluation and repair as set forth in 2.7. Customer must send the return air bill,referenced in 2.4.2 above back to DO in order to ensure proper tracking of the returned Infrastructure. Customer will be subject to a replacement fee for malfunctioning Infrastructure not properly returned. For Infrastructure and/or third party Infrastructure repairs that are not exchanged in advance,properly package Infrastructure and ship the malfunctioning FRU, at Customer's expense and risk of loss to Motorola. Customer is responsible for properly packaging the Customer malfunctioning Infrastructure FRU to ensure that the shipped Infrastructure arrives un-damaged and in repairable condition. Clearly print the return authorization number on the outside of the packaging. 3.4 If received, Customer must properly package and ship Loaner FRU back to IDO within five (5)days of receipt of Customer's repaired FRU. 3.5 Maintain templates of Software/applications and Firmware for reloading of Infrastructure as set forth in paragraph 2.3 and 2.9. 3.6 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide the Infrastructure Repair with Advanced Replacement services to Customer. 5 0 awc........ 4.0 In addition to any exclusions named in Section 5 of the Service Terms and Conditions or in any other underlying Agreement to which this SOW is attached,the following items are excluded from Infrastructure Repair with Advanced Replacement: 4.1 All Infrastructure over seven(7)years from product cancellation date. 4.2 Physically damaged Infrastructure. 4.3 Third party Equipment not shipped by Motorola. 4.4 Consumable items including,but not limited to,batteries, connectors, cables,tone/ink cartridges. 4.5 Test equipment. 4.6 Racks, furniture and cabinets. 4.7 Firmware and/or Software upgrades. ASTRO®25 7.X Infrastructure Repair with Advanced Replacement Exhibit ASTRO®25 Infrastructure Inclusions,Exclusions,Exceptions and Notes for Exhibit Infrastructure Repair Antenna Systems Excludes all Equipment such as bi-directional amplifiers, multicouplers, combiners,tower top pre-amplifiers, antennas, cables,towers,tower lighting, and transmission lines Base Station(s)and Repeater(s) Includes Quantar, STR3000,GTR8000, GTR8000 HPD, IntelliRepeater,Network Management(Please refer to the SOW for details)is not available on all stations. Quantar high power booster power amplifier,power supply and control board Excludes Fan Modules,Dual Circulator Tray, Site RMC Tray Central Electronics Bank(s) Includes Logging Recorder Interface and Network Hub. Excludes Nice Logging Recorders Channel Bank(s) Includes Premisys,Telco,IMACS models 600, 800. Excludes Siemens Comparator(s) Includes Spectratac,Digitac, and ASTRO-tac 9600, GMC8000, Comparators. Computer(s)/Workstations/ Includes computers(Pentium I,II,III, IV)directly interface Modems with or control the communications System, including SiteLens and Systemwatch II,PT800 tablet HP x1100, HPx2100,HP xw4000-4600,HP VL600, HP VL800,ML850 laptop,MW800,ML900 laptop, Compaq XW4000. Includes keyboards Excludes all other laptop and desktop computer technologies and all 286, 386,486 computers; defective or phosphor-burned cathode ray tubes CRT(s) and burned-in flat panel display image retention,mice and trackballs. Console(s) Includes consoles(Centracom Gold Series, Centracom Gold Series Elite, Centracom Gold Elite, CommandSTAR lite, MIP5000, MC1000,MC2000,MC2500,MC3000,MCC5500) Includes headset jacks,dual footswitches,gooseneck microphones and Console Interface Electronics (CIE). Excludes Centracom I. Controller-trunking Includes SmartNet II prime and remote controllers,MTC3600, GCP8000, Site Controller PSC9600,CSC7000,MTC9600, MZC3600, MZC5000. Excludes SSMT and SCMS 6 le MOTOROLA controllers. CD ROM Drive,Fan Tray Dictaphones and Recording Excludes all types and models. Equipment Digital Interface Unit(s) Included Digital Signaling Modem(s) Included upon modem model availability Digital Voice Modem(s) Included upon modem model availability Embassy Switch Includes AEB,AIMI,ZAMBI,AMB Keyload Variable Loader Included Logging Recorder Excluded NICE Management Terminals Includes computers(Pentium I, II, III, IV)directly interface with or control the communications System, including SiteLens and Systemwatch II. Excludes laptop computers and all 286, 386,486 computers. MBEX(s)or NOVA Interconnect Included Microwave Equipment Excluded from service agreement but may be repaired on an above contract,time and material basis. All Equipment must be shipped to IDO. Excludes any on-site services. Monitor(s) Includes all Motorola certified monitors connected to computers that directly interface with or control the communications System. Excludes defective or phosphor-burned cathode ray tubes CRT(s) and burned-in flat panel displays image retention. Monitors not shipped by Motorola and/or cannot be confirmed by a Motorola factory order number. Moscad Only NFM(Network Fault Management), as part of communication System only,RTU, SDM Site Manager RTU. Standalone MOSCAD and System Control and Data Acquisition(SCADA)must be quoted separately. Excludes Fire alarming systems. Network Fault Management Includes Full Vision.Excludes NMC Packet Data Gateway Includes Non-Redundant,High Power Data Printer(s) Includes printers that directly interface with the communications System. RAS(s) Excludes RAS 1100, 1101 and 1102 Receiver(s) Includes Quantar,MTR2000 and ASTRO-TAC, GTR8000, GTR8000 HPD Receivers.Excludes Fan Modules,Dual Circulator Tray, Site RMC Tray 7 0 moromoLA I Routers Includes ST5500, ST5598, S2500-S6000 Servers Includes Netra 240,cPCI,HP DL360,HP ML370,hp ML110, hp TC2110, 2120 Data Collection Device Server,HP InfoVista Server. IR8000 series,LX4000 series,Intel Server TSRL-T2,TIGPR2U,Proventia 201 Linux IDSS,Proventia GX4002C,Trak9100. Network Management Server includes cPCI Chassis,Power Supply,Fan Tray, Controller Hard Drive, CD ROM Drive, Tape Drive, CPU, Client PC's,Excluded Core security Management Server,Dell Servers,Firewall Servers,Intrusion Detection Sensor Server,Monitors,Memory Module 0182915Y02,Rear Fan RLN5352,Central Process Card 0182915Y01 Simulcast Distribution Included Amplifier(s) Site Frequency Standard(s) Includes Rubidium,GPS and Netclocks systems sold with the Motorola System. Switch Avaya Difinity PBX, S8300, S8500.Nortel Passport 7480, Cisco Catalyst 6509,HP 5308 LAN switch,HP ProCurve Switch 2524, 2650,2626, 3Com PS40, SS 1100 Universal Simulcast Controller Included Interface(s) _ UPS Systems I Excluded from service agreements but may be repaired on an above contract,time and material basis. All UPS Systems must be shipped to IDO for repair.Excludes any on-site services. Excludes all batteries. Workstation Included NICE Gold-Lite Maintenance Overview Motorola utilizes NICE Logging Recorders to provide a complete,reliable and robust solution for Customer audio recording requirements. 1.0 Description of Services Motorola System Support Center(SSC)will initiate the Customer service request to NICE. NICE will deliver services identified in the NICE Gold-Lite Maintenance tables provided in this SOW. Post warranty services provided by NICE include phone coverage, on site support and hardware support for applicable NICE Logging Equipment integrated within a Motorola network or Vortex console. The terms and conditions of this Statement of Work(SOW) are an integral part of Motorola's Service Terms and Conditions or other applicable Agreement to which it is attached and made a part thereof by this reference. 2.0 Motorola has the following responsibilities: 2.1 Respond to request for post warranty support for the Restoration of a failed System. 2.2 Collect model, serial number information,customer name and customer contact. 2.3 Provide a case number. 8 0 morcinoLA 2.4 Contact NICE support and provide them with customer, case number,model, and serial number information.NICE will contact the customer/field team and work the issue to completion. 2.5 Advise caller of procedure for determining any additional requirements. 2.6 Coordinate resolutions with agreed upon third party vendor. 2.7 Close the case once the NICE issue has been resolved. 3.0 Customer has the following responsibilities: 3.1 Contact Motorola System Support Center(SSC)to initiate a service request. 3.2 Provide model and serial number. 3.3 Provide a contact name and contact phone number. 4.0 NICE has the following responsibilities: 4.1 Provide repair return authorization numbers to Customer. 4.2 Provide services in accordance with Table 1,per the time zone where the equipment resides,Monday through Friday, excluding NICE's published holidays and within the normal response times. 4.3 Receive malfunctioning hardware from Customer and document its arrival,repair and return. 4.4 Perform the following service on NICE hardware: 4.4.1 Replace malfunctioning components.NICE will use commercially reasonable efforts to repair or replace,in its discretion, any hardware found to be defective under normal and proper use and service during the contract period.An in-coverage unit will be repaired and returned at no charge except for under the following conditions: (1)The unit has been modified or damaged due to improper packaging; or (2)If a unit is received for repair and found operable in accordance with current NICE standards, it will be classified as"no trouble found"and it will be returned in the same condition in which it was received. 4.5 Coordinate any repair activity with Motorola and Customer to ensure resolution 4.6 On-site reporting,the NICE service provider(SP)will: 4.6.1 Arrive at the Customer site and go directly to the Customer contact 4.6.2 When SP is ready to leave,notify the Customer contact 4.6.3 Provide verbal reports to the Customer contact on all work complete and in progress by NICE 4.6.4 Sign out and leave with the Customer contact a visit report of the work accomplished by NICE and the outstanding issues 4.7 Provide to the Customer contact within one(1)week of the on-site visit a follow-up report on any outstanding issues 4.8 Contact Motorola System Support Center to close the case 4.9 Perform services according to NICE service priorities 9 IM4 T R LA Table 1 Support Coverage Phone SupporL-Twenty-four(24) hours, seven (7)days per week On-Site Suonort- Eight (a)hours, five (5)days per week. (a to 5) Call Back Response Time Sixty (60) minutes atter receipt of calf from authorized representative On-Site Response Time for Six (6) hours Priority 1 Service Issues Gold-Lite Available Anywhere Priority 1 Priority 2 Priority 3 Priority 4 Phone Availability 24"7 24"7 24"7 24"7 Support Coverage 8 - 5"5 8 -5"5 8 - 5*5 8 - 5*5 Call Back Response Time 60 minutes 120 minutes .24 hours 24 hours On Site Response Times" 6 hours 24 hours .48 hours 48 hours *On Site Response Time are in effect following the determination that on site support is required. Repair parts are shipped overnight, unless otherwise pre-arranged. The arrival of the technician and the shipped parts will be coordinate to coincide. Priority 1 —Critical Failure—In a 100%recording environment, any failure of equipment,NICE software or communications to the NICE products which results in loss of recording channels or data, or if allowed to persist will result in such recording loss. Priority 2—Major Problem—Any problem resulting in loss of ability to retrieve calls or loss of replay functionality for two or more workstations. Priority 3—Product Anomaly—Any problem affecting one or more workstations which does not result in a loss of recording or replay but nevertheless results in diminished Product response or performance, for example if an administrator loses the ability to add or delete users. Priority 4—System Inquiry,planned intervention or request for information. 4.10 Software Upgrades-NICE's standard maintenance services shall include installation of only such software updates to the NICE software which,in NICE's sole discretion, are necessary to ensure efficient operation of the products("NICE Software Updates").NICE will provide Customer with a version of the NICE Software Update for Customer to review and authorize for installation.Upon such installation, Customer shall receive a copy of all written materials necessary to allow Customer to operate such NICE Software Updates. All NICE Software Updates are licensed for use solely on the Equipment on which the relevant NICE Software was first installed and shall,unless otherwise set forth herein,be governed by the terms and conditions of the software license for the NICE Software executed by both parties("NICE Software License"). 5.0 Ineligible Products-Additional Service fees shall apply for any maintenance provided by NICE for any and all individual products that are damaged by causes not caused directly by the gross negligence or intentional misconduct of NICE and external to the relevant individual product, including without limitation, damages to a individual product caused by: 10 le MOTOROLA (i)neglect,mishandling,misuse and/or unauthorized drepair by anyone other than NICE or a NICE certified technician; (ii)failure to maintain the Site in accordance with NICE's installation site specifications("Installation Site Specifications"); (iii)relocation from the Site specified by the parties; (iv)use by anyone other than NICE or a NICE certified technician for purposes other than those for which it was designed, as described in the applicable documents, Operating Manuals and/or specifications provided by NICE; (v)use by anyone other than NICE or a NICE certified technician or material or supplies, including without limitation software and firmware programming,that do not meet NICE's specifications and instructions; (vi)use of the Products with any Non-Nice Hardware and/or(vii) an accident, transportation,improper cooling or humidity control, failure to telephone equipment or communication lines, failure or fluctuation of electrical power, other unusual physical or electrical stress and/or failure of interconnect equipment not provided by NICE or a NICE certified technician. 6.0 In addition to any exclusions named in Section 7.0 of the Terms and Conditions or in any other underlying Agreement to which this SOW is attached,the following items are excluded: 1. All Infrastructure over seven(7)years from product cancellation date 2. Physically damaged Infrastructure 3. Third party Equipment not shipped by Motorola 4. Consumable items including,but not limited to,batteries, connectors, cables,tone/ink cartridges 5. Test Equipment 6. Racks, furniture and cabinets 7. Firmware and/or Software upgrades 7.0 Data System Infrastructure Exhibit M Inclusions,Exclusions,Exceptions and Notes r for Infrastructure Repair Logging Recorder Includes NICE logging Recorders Excludes all other technologies Rack Mounts/Shelves Includes NICE rack mount/shelf ONLY Excludes all other technologies Replay Station Excluded Servers/Storage Center Includes NICE servers/storage centers ONLY Excludes all other technologies Workstation Excluded Customer Support Manager 1.0 Description of Services The Motorola Customer Support Manager(CSM) dedicated to the MN Metro/ARMER System will provide coordination of support resources to enhance the quality of service delivery and to ensure your satisfaction. The duties include overseeing the execution of your maintenance support contract by serving in the role of customer advocate. This involves serving as the point of contact for issue resolution and escalation,monitoring our contractual performance,providing review and analysis of process metrics and fostering a relationship for continuous improvement with customers like Ramsey County. 11 0 moromoLA Your existing Customer Support Plan(CSP)will be revised to contain everything you need to know to take advantage of the services provided in the contract. This support plan was designed to help transition from the pre-sales, staging,and installation phases to the delivery of life cycle support services for your system. Motorola supports your communication system with several expert service groups, each performing a specific function and working together to provide you with fast response and quick closure to issues. 12 CITY COUNCIL AGENDA DATE: SECTION: Public Hearing June 15, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: Vacation 10-02 ITEM NO.: IX.A. Denise Christensen Vacation of a portion of the Sanitary Sewer and Watermain Easements lying Public Works/Engineering over, under and across Lot 1, Block 1, International School Requested Action Move to: Close the public hearing; and Adopt t he r esolution va eating a portion oft he S anitary S ewer an d W atermain Easements 1 ying ove r, u nder a nd a cross Lot 1, B lock 1, International S chool, according to the recorded plat thereof, Hennepin County, Minnesota. Synopsis The P roperty 0 wner h as r equested t he va cation of the sanitary s ewer and watermain easement over a part of Lot 1, Block 1, International School, to facilitate the addition of a track facility. Portions of the existing sanitary sewer and watermain will be moved and new easements will be dedicated. Attachments • Resolution • Location Map • Site Plan • Published Notice • Notification List CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2010- VACATION OF A PORTION OF THE SANITARY SEWER AND WATERMAIN EASEMENT OVER, UNDER AND ACROSS LOT 1, BLOCK 1, INTERNATIONAL SCHOOL VACATION 10-02 WHEREAS, the City o f Eden Prairie has (a) certain Sanitary S ewer and Watermain Easement described as follows: DRAINAGE EASEMENT FOR SANITARY SEWER PURPOSES The 20.00 foot wide Drainage Easement for Sanitary Sewer Purposes dedicated in the plat of International School, according to the recorded plat thereof,Hennepin County,Minnesota. The centerline of said Drainage Easement for Sanitary Sewer Purposes is described as commencing at the most westerly corner of Lot 1,Block 1, said International School;thence on an assumed bearing of South 88 degrees 54 minutes 19 seconds East, along the west line of said Lot 1,a distance of 112.50 feet to an angle point in said west line of Lot 1;thence North 0 degrees 00 minutes 00 seconds East, along said west line of Lot 1 , a distance of 500.00 feet to the centerline of the Sanitary Sewer Easement per Document No. 2126657; thence North 87 degrees 02 minutes 19 seconds East,along the last described centerline, a distance of 704.89 feet to the point of beginning of the centerline to be described: Thence South 15 degrees 37 minutes 07 seconds East a distance of 311.63 feet; thence South 26 degrees 44 minutes 56 seconds East a distance of 277.28 feet;thence South 3 degrees 22 minutes 58 seconds East a distance of 27.57 feet to the centerline of the Sanitary Sewer Easement per Document No. 1116085 and said centerline there terminating. The sidelines of said easement to be vacated are to be prolonged or shortened to terminate at the north line of the Sanitary Sewer Easement per Document No. 2126657 and at the centerline of the Sanitary Easement per Document No. 1116085. It is the intent of this vacation to vacate only that above described Easement established by the plat of International School and not Easements established by Document No. 2126657 or Document No. 1116085. WATER LINE EASEMENT That part of the 20.00 foot wide Water Line Easement per Document No. 1916633 lying within Lot 1,Block 1,International School, according to the recorded plat thereof. The centerline of said easement to be vacated is described as commencing at the northeast corner of the Southeast Quarter of the Northeast Quarter of Section 3,Township 116,Range 22, all in Hennepin County, Minnesota; thence on an assumed bearing of North 88 degrees 54 minutes 19 seconds West, along the north line of said Southeast Quarter of the Northeast Quarter of Section 3, a distance of 120.00 feet;thence South 88 degrees 54 minutes 19 seconds East, along said north line of the Southeast Quarter of the Northeast Quarter of Section 3, a distance of 120.00 feet;thence South 88 degrees 50 minutes 06 seconds East a distance of 824.25 feet; thence North 81 degrees 19 minutes 23 seconds East a distance of 105.00 feet;thence North 8 degrees 40 minutes 37 seconds West a distance of 10.00 feet to the northerly line of said 20.00 foot wide Water Line Easement per Document No. 1916633 and the point of beginning of the center line of the 20.00 foot wide easement to be vacated;thence continuing North 8 degrees 40 minutes 37 seconds West a distance of 50.00 feet and said centerline there terminating. WHEREAS, a Public Hearing was held on June 15, 2010, after due notice was given to affected property owners and published in accordance with M.S.A. 412.851; and WHEREAS, the Council has been advised by City Staff that the proposed vacation of the above described Sanitary S ewer and Watermain Easement ha s no r elationship t o the c omprehensive municipal plan; and WHEREAS, it has been determined that the said Sanitary Sewer and Watermain Easement are not necessary and have no interest to the public, therefore, should be vacated. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said Sanitary Sewer and Watermain Easement as described above are hereby vacated. 2. The City Clerk shall prepare a Notice of Completion of Proceedings in accordance with M.S.A. 412.851. 3. This Resolution is contingent upon and shall not be effective until the new Sanitary Sewer and Watermain Easements are recorded with the County Recorder/Registrar of Titles as applicable. The City Clerk shall not present the Notice of Completion of Proceedings to the County Auditor or file it with the County Recorder/Registrar of Titles until the new Sanitary Sewer and Watermain Easements are recorded. ADOPTED by the Eden Prairie City Council on June 15, 2010. Phil Young, Mayor ATTEST: SEAL Kathleen Porta, City Clerk 0 / vip J e 6 2 ] N 0 _ \\\ F 0/1N\G, 4ccj c . DR. GNPO \,P NFL.\ o • 2 • v �G �PR� o iz.,co m De v HOLASEK z�ml( 3 •� i a `�' LA. _J Ja L D4� 3. i 2 Z v- Q2 1� oJ( 8 2. a � � 4. 0 el .J1 J 5. 4� No Lu o S I T E o , PR0 4/o ,,, NT- O pR�, o�. / --X' SS m q'Ap/NA �<<"- LY RD. 0 6• 49• G1 n z C' m y JAM ES W c o Bry CE� =P L. �' o <9 o FL 0 73 �`S <�, SAND FL S� r^� KERRY w �Q r �/ 4 v 1 12. \Jo-1HILL • 9�B � GER4 RD ten_ 1 17. ��' 0 6 ���, ,._ tVAC 10-02 NORTH LOCATION MAP Easement Vacation 730.00 Sketch For: _----- _ - -_ - - : INTERNATIONAL ._o= 704.89 THE INTENT OF THIS VACATION IS ` .'.'. SCHOOL OF TO VACATE JUST THE DRAINAGE \. t AND UTILITY EASEMENT DEDICATED �� MINN�'SOTA SANITARY SEWER ON THE PLAT OF INTERNATIONAL �° EASEMENT PER • SCHOOL AND NOT THE UNDERLYING ��:.'.: DOC. NO. 2126657 SANITARY SEWER EASEMENT PER DOC. NO. 2126657 - • A ��... I1\ iT1--L) NIATIr1NIAI w\...:.'. IIN L I _1 \ IV l/-\ I I ./ V In\L_ n O DRAINAGE EASEMENT FOR o SANITARY SEWER PURPOSES PER o to PLAT OF INTERNATIONAL SCHOOL TO BE VACATED i� r (�� 12,537 SQ. FT. �� o • • -(-NI I (-1(-1I J ; \o\ s :; .2 -1 \/\J L_ z :•1• )6'° WEST LINE OF LOT I, BLOCK I, F w INTERNATIONAL SCHOOL '.\ \\.\-21 ow no °0 N CENTERLINE OF SANITARY tea'` SEWER EASEMENT PER �'•\ DOC. N0. 1116085 \ • \o ' S3°22'58"E ____ •;1 v- 27.57�-'- o TR,"-,;,•T ram, P d10I �N • - SANITARY SEWER y _ II ) 1 ^ n 1 n n �>< EASEMENT PER \ ` rwY �v.c_.,;. ivv. `r.,�. DOC. N0. 1116085 s� \ '�� J m V c �Z OOp M 0 w Main Office: UNDE 9001 East Bloomington Freeway (35W)•Suite 118 co Bloomington, Minnesota 55420-3435 LAND SURVEYING 952-881-2 55 (Fax: 952 888-9526) North 2009-085-A 629/36 T.I16 R.22 S.2 SMT 2009085A002R.dwg SHEET 2 OF 2 SHEETSW-sunde.00m Brooklyn Park, Minn. 763-784-9346 Easement Vacation Sketch For: INTERNATIONAL SCHOOL OF A\ MINNESOTA IN ITr-L) i\ I A TI r1 N I A 1 II N I L_I \ I Ni-\ I I \J1 \in\L_ A , n(J�. I.VIA Z2 w. `.) ^r• 1 1 (-1r11 wrn SCH ` OL_ v7-o Q Z 0 Z u Q(i>O' WEST LINE OF LOT I, BLOCK I, w o ww o INTERNATIONAL SCHOOL 1-ix O - 3wa0o - N8o to 0 4p 3),, • Sp Z- NORTH LINE OF SE 1/4 4/8. •00 A OF NE 1/4 OF SEC. 3 gp3),, , '. S88 50 06 E pp t,, „ . A , 824.25 -- ,- TRACT TF1nv t C1 .i/ ��, D i n l� >< � WATERMAIN EASEMENT 0-, = I,.L_..,. i vv. r.,�.ai PER DOC. NO. 1916633 p r v O (w w N O tiq O_ F O O0 II w s Z -OD V - C - O w OZa - w LLB Z OH Ili ���� Main Office: U 9001 East Bloomington Freeway (35W)•Suite 118 co Bloomington, Minnesota 55420-3435 LAND SURVEYING 952-881-2 55 NorthaOffice:-888-9526) 2009-085—A 629/36 T.116 R.22 5.2 SHEET 2 OF 2 SHEETS www.eunde.com Brooklyn Park, Minn. 763-784-9346 SMT 2009085A004.dwg VACATION 10-02 NOTICE OF VACATION OF A PORTION OF THE DRAINAGE EASEMENT FOR SANITARY SEWER PURPOSES AND WATER LINE EASEMENT OVER,UNDER AND ACROSS LOT 1, BLOCK 1,INTERNATIONAL SCHOOL Notice is hereby given that a public hearing will be held before the Eden Prairie City Council at the Eden Prairie City Hall, 8080 Mitchell Road, Eden Prairie, Minnesota, on June 15, 2010 at 7:00 p.m. to hear all persons present upon the proposed vacation of a portion of the Drainage Easement for Sanitary Sewer Purposes and Water Line Easement over,under and across Lot 1, Block 1, International School described as follows: DRAINAGE EASEMENT FOR SANITARY SEWER PURPOSES The 20.00 foot wide Drainage Easement for Sanitary Sewer Purposes dedicated in the plat of International School, according to the recorded plat thereof,Hennepin County,Minnesota. The centerline of said Drainage Easement for Sanitary Sewer Purposes is described as commencing at the most westerly corner of Lot 1,Block 1, said International School;thence on an assumed bearing of South 88 degrees 54 minutes 19 seconds East,along the west line of said Lot 1,a distance of 112.50 feet to an angle point in said west line of Lot 1;thence North 0 degrees 00 minutes 00 seconds East,along said west line of Lot 1 ,a distance of 500.00 feet to the centerline of the Sanitary Sewer Easement per Document No.2126657;thence North 87 degrees 02 minutes 19 seconds East,along the last described centerline,a distance of 704.89 feet to the point of beginning of the centerline to be described: Thence South 15 degrees 37 minutes 07 seconds East a distance of 311.63 feet;thence South 26 degrees 44 minutes 56 seconds East a distance of 277.28 feet; thence South 3 degrees 22 minutes 58 seconds East a distance of 27.57 feet to the centerline of the Sanitary Sewer Easement per Document No. 1116085 and said centerline there terminating. The sidelines of said easement to be vacated are to be prolonged or shortened to terminate at the north line of the Sanitary Sewer Easement per Document No.2126657 and at the centerline of the Sanitary Easement per Document No. 1116085. It is the intent of this vacation to vacate only that above described Easement established by the plat of International School and not Easements established by Document No.2126657 or Document No. 1116085. WATER LINE EASEMENT That part of the 20.00 foot wide Water Line Easement per Document No. 1916633 lying within Lot 1,Block 1,International School, according to the recorded plat thereof. The centerline of said easement to be vacated is described as commencing at the northeast corner of the Southeast Quarter of the Northeast Quarter of Section 3,Township 116,Range 22,all in Hennepin County, Minnesota;thence on an assumed bearing of North 88 degrees 54 minutes 19 seconds West,along the north line of said Southeast Quarter of the Northeast Quarter of Section 3,a distance of 120.00 feet;thence South 88 degrees 54 minutes 19 seconds East,along said north line of the Southeast Quarter of the Northeast Quarter of Section 3,a distance of 120.00 feet;thence South 88 degrees 50 minutes 06 seconds East a distance of 824.25 feet;thence North 81 degrees 19 minutes 23 seconds East a distance of 105.00 feet;thence North 8 degrees 40 minutes 37 seconds West a distance of 10.00 feet to the northerly line of said 20.00 foot wide Water Line Easement per Document No. 1916633 and the point of beginning of the center line of the 20.00 foot wide easement to be vacated; thence continuing North 8 degrees 40 minutes 37 seconds West a distance of 50.00 feet and said centerline there terminating. By Order of the City Council Published in the Eden Prairie News on May 27,2010 NOTIFICATION LIST VACATION REQUEST 10-02 A copy of the Public Hearing Notice is to be sent to owners of the following parcels: 02-116-22-22-0003 A copy of the Public Hearing Notice is to be sent to the following Utilities: CenterPoint Energy Comcast Qwest Communications Xcel Energy CITY COUNCIL AGENDA DATE: SECTION: Public Hearing June 15, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: Vacation 10-03 ITEM NO.: IX.B. Denise Christensen Vacation of a portion of the Drainage and Utility Easements lying over,under and Public Works/Engineering across Lot 1, Block 3, Windsor Plaza Requested Action Move to: Close the public hearing; and Adopt the resolution va cating a portion of th e Drainage and Utility E asements lying ove r,unde r and across Lot 1, B lock 2, Windsor P laza, acco rding to the recorded plat thereof, Hennepin County, Minnesota. Synopsis The Property Owner has requested the vacation of the drainage and utility easement over a part of Lot 1, B lock 2, Windsor Plaza t o facilitate the proposed R andy's Bobby and Steve's property development. Attachments • Resolution • Location Map • Site Plan • Published Notice • Notification List CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2010- VACATION OF A PORTION OF THE DRAINAGE AND UTILITY EASEMENT OVER, UNDER AND ACROSS LOT 1, BLOCK 2,WINDSOR PLAZA VACATION 10-03 WHEREAS, the City of Eden Prairie has (a) certain Drainage and Utility Easements described as follows: That part of the drainage and utility easement as dedicated over, under and across Lot 1 Block 2, Windsor P laza a ccording t o t he r ecorded pl at t hereof, H ennepin C ounty, Minnesota d escribed as : Commencing a t th e northwest c orner of s aid L of 1; t hence North 88 de grees 25 m inutes 37 s econds East, assumed bearing along the north line of said Lot 1, a distance of 24.45 feet to an angle point in the northerly line of said Lot 1; thence South 88 degrees 27 minutes 18 seconds East, a distance of 162.24 feet to an angle point in said north line; thence southeasterly along said northerly line of Lot 1, a long a non-tangential curve, concave to the southwest, having a radius of 300.50 feet, a central angle of 1 degree 43 minutes 37 seconds, an arc length of 9.05 feet and a chord bearing South 76 degrees 47 minutes 23 seconds East to the actual point of beginning of the land to be described; thence South 63 degrees 02 minutes 14 seconds East, a distance of 61.80 feet; t hence North 49 d egrees 48 m inutes 04 s econds West, a di stance of 15.16 f eet; thence North 62 degrees 35 m inutes 12 s econds West, a di stance o f 28. 14 feet t o the northerly line of said Lot 1; thence northwesterly along said northerly line of Lot 1, along a non-tangential curve, concave to the southwest, having a radius of 300.50 feet, a central angle of 3 degrees 40 minutes 21 seconds, and an arc length of 19.26 feet to the point of beginning and there terminating. WHEREAS, a Public Hearing was held on June 15, 2010, after due notice was given to affected property owners and published in accordance with M.S.A. 412.851; and WHEREAS, the Council has been advised by City Staff that the proposed vacation of the above described Drainage and Utility Easements has n o relationship t o the comprehensive municipal plan; and WHEREAS, it h as b een d etermined th at th e s aid D rainage and U tility Easements are not necessary and have no interest to the public, therefore, should be vacated. NOW, THEREFORE,BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said Drainage and Utility Easement as described above is hereby vacated. 2. The City Clerk shall prepare a Notice of Completion of Proceedings in accordance with M.S.A. 412.851. 3. This Resolution is contingent upon and shall not be effective until the plat of Auto World Addition has been recorded with the County Recorder/Registrar of Titles as applicable. The City Clerk shall not present the Notice of Completion of Proceedings to the County Auditor or file it with the County Recorder/Registrar of Titles until the plat of Auto World Addition is recorded. ADOPTED by the Eden Prairie City Council on June 15, 2010. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk viooiww-- NIFF---- , TECHNOLOGY DR . 1Lak ° Idlewild ill LEONA RC , 2W Q SITE Q A , . W . w . / P-° 5\ G�ET R E\A � v 1 h'EGI w - >9L J S �NA- CENTER G O. 23 . CD . IIEDEN � II E w t VAC 10-03 NORTH LOCATION MAP 102010 Westwood Professional Services Inc MN lllll Rtrq q' f' d 6<� ON n Q hllllll PaI'S�A \ �, f f 1 4.M �� 1t� ��° 11' '',A / ' E' r L, LEGAL DESCRIPTION: l I That part of Lot 1, Block 2, WINDSOR PLAZA, \, I /y /, , /, /, L l CD R� 9g6 Hennepin County, Minnesota, described as follows: �-, 1 1 l I C.- L i Ci Ci ° --C B 78005 Commencing at the northwest corner of said o - 1 43'37" qj O Lot 1; thence North 88 degrees 25 minutes R= 300.50 �' 6 , 6's> ems" 37 seconds East, assumed bearing along the N88°25 �aE C.B.= N76°47'23"W 9op0L1 • �4,9..• north line of said Lot 1, a distance of 24.45 24.45 \\- 0 0 0 0 �8°27'18'E 162 24 / 2 'L, feet to an angle point in the northerly line of 4 r.I _ _ p, °g5 said Lot 7; thence South 88 degrees 27 O62 A ti minutes 18 seconds East, a distance of 162.24 ' A �� oAa'� feet to an angle point in said north line; ralp = 1°433T�- \,, �\ r�k9i6 thence southeasterly along said northerly line L- 9.06 �"s•3o\ _._ �� I 5- i of Lot 1, along a non-tangential curve, r—�r—�r--r—�r—�r—� R= 300.50 y o275 N, concave to the southwest, having a radius of —�v I II II II II II cB.d s75°47'23"E a `- / 300.50 feet, ae central angle of 1 degree 43 (�( / minutes 37 seconds, an arc length of 9.05 j I� ' LOT - Z \ 7 .2 feet and a chord bearing South 76 degrees 47 L 1 � minutes 23 seconds Eost to the actual point 01 10, I I 117 STALLS] / — 70r-\\ 8 of beginning of the land to be described; 00 7 I J '`\ AUTO SERVICE & II It z thence South 63 degrees 02 minutes 14 n i/A , I4t. C-STORE I p 0 seconds East, a distance of 61.80 feet; thence t\i vvll v .11 A r� O 10,800 S.F P1SAVO � r_i-i3_/ i ��„1� North 49 degrees 48 minutes 04 seconds West, 4(� FFE=883.5 f\9 a distance of 15.16 feet; thence North 62 m ®®� ®� I H ameba I N 00�W degrees 35 minutes 72 seconds West, a CAR 0 SSF O I o'4' 01� distance of 28.14 feet to the northerly line of / I I 1 o said Lot 1; thence northwesterly along said FFE=884.0 tom` northerly line of Lot 7, along a non-tangential �j/'�II� curve, concave to the southwest, havinga )4111 .dr a L= 31.1E radius of 300.50 feet, a central angle of 3 C. -' • . :C®a0:�� �r / ��' degrees 40 minutes 27 seconds, and on arc ❑ ;- R= 1392.40 length of 19.26 feet to the point of beginning r , I ❑ 0 a/ / .,:,:::' .6 = 1°16'57" and there terminating. I I C.-OD ❑ C.B.= N43°24'19"E f� I. II ig ® ®®. :�:: 1 j / i r It, ., oo`� I J \ L N86°5T50"E� 219.5E IIlh�ig �, e\`,, L 11, ( ), REQUESTED BY. III _ _ m p7 0 / Randy's Bobby and Steve's UUUULJLJMINP. ,_ Auto World W „wood Professional Se/vices, 7699 AnagramDrive Eden Prairie, e,MN 55344 PHONE 952-937-5150 FAX 952-937-5822 ���� �������� TOLL FREE 1-888-937-5150 WWestvvood www.wwl11C1dps.com Scale: 7"= 30 feet Drown by Date: Job No. MS 5/7/10 20707094 J 201010945KF01.dwg VACATION 10-03 NOTICE OF VACATION OF A PORTION OF THE DRAINAGE AND UTILITY EASEMENT OVER,UNDER AND ACROSS LOT 1, BLOCK 2, WINDSOR PLAZA Notice is hereby given that a public hearing will be held before the Eden Prairie City Council at the Eden Prairie City Hall, 8080 Mitchell Road, Eden Prairie, Minnesota, on June 15, 2010 at 7:00 p.m. to hear all persons present upon the proposed vacation of a portion of the Drainage and Utility Easement over,under and across Lot 1, Block 2,Windsor Plaza described as follows: Commencing at the northwest corner of said Lot 1; thence North 88 degrees 25 minutes 37 seconds East, assumed bearing along the north line of said Lot 1, a distance of 24.45 feet to an angle point in the northerly line of said Lot 1;thence South 88 degrees 27 minutes 18 seconds East, a distance of 162.24 feet to an angle point in said north line;thence southeasterly along said northerly line of Lot 1, along a non-tangential curve, concave to the southwest,having a radius of 300.50 feet, a central angle of 1 degree 43 minutes 37 seconds, an arc length of 9.05 feet and a chord bearing South 76 degrees 47 minutes 23 seconds East to the actual point of beginning of the land to be described; thence South 63 degrees 02 minutes 14 seconds East, a distance of 61.80 feet; thence North 49 degrees 48 minutes 04 seconds West, a distance of 15.16 feet; thence North 62 degrees 35 minutes 12 seconds West, a distance of 28.14 feet to the northerly line of said Lot 1;thence northwesterly along said northerly line of Lot 1, along a non-tangential curve, concave to the southwest,having a radius of 300.50 feet, a central angle of 3 degrees 40 minutes 21 seconds, and an arc length of 19.26 feet to the point of beginning and there terminating. By Order of the City Council Published in the Eden Prairie News on May 27, 2010 NOTIFICATION LIST VACATION REQUEST 10-03 A copy of the Public Hearing Notice is to be sent to owners of the following parcels: 14-116-22-13-0047 14-116-22-13-0048 14-116-22-13-0049 14-116-22-13-0050 14-116-22-13-0051 14-116-22-13-0052 14-116-22-13-0053 A copy of the Public Hearing Notice is to be sent to the following Utilities: CenterPoint Energy Comcast Qwest Communications Xcel Energy CITY COUNCIL AGENDA DATE: June 15, 2010 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.C. Community William Hoag Rezoning Development/Planning Janet Jeremiah/Regina Herron Requested Action Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance for Zoning District Change from Rural to R1-13.5 on .55 acres Synopsis This is a rezoning of a single family lot from Rural to R1-13.5 located at 12005 Sunnybrook Road. The proposed lot conforms to the requirements of the R1-13.5 zoning district for lot size and lot dimensions. Background Information The rezoning also included a variance request for average setback from 134 feet to 35 feet. This was approved by the Planning Commission on May 24, 2010. When 40% or more of a block is developed, the required setback shall be equal to or greater than the average setback of the principle structure on either side. The lot depth is 154.77 feet. Applying the average setback and rear yard setback requirement would make it impossible to build a house without granting front and/or rear yard setback variances. A staff report for second reading of the ordinance for rezoning is located under Ordinances and Resolutions. The 120-Day Review Period Expires on September 3, 2010. Planning Commission Recommendation The Planning Commission voted 7-0 to recommend approval of the rezoning from Rural to R1- 13.5 at the May 24, 2010 meeting. Attachments 1. Staff Report 4-23-10 2. Staff Report 5-07-10 3. Staff Report 5-21-10 4. Location Map 5. Guide Plan 6. Zoning Map 7. Aerial Photo 8. Planning Commission Minutes 4-23-10 9. Planning Commission Minutes 5-07-10 10. Planning Commission Minutes 5-21-10 STAFF REPORT TO: Planning Commission FROM: Regina Herron, Planner II THROUGH: Michael D. Franzen, City Planner DATE: April 23, 2010 SUBJECT: William Hoag APPLICANT/ William Hoag OWNER: 120 DAY REVIEW: Expires September 3, 2010 LOCATION: 12005 Sunnybrook Road REQUEST: 1. Zoning District Change from Rural to R1-13.5 on .55 acres 2. Variance to permit a 12 foot front yard setback for the proposed attached garage. City Code requires a front yard setback equal to or greater than the average of the principle structures on either side or 134 feet. 1 BACKGROUND In early 2010 the owner's house collapsed. The owner proposes to rebuild the house using the existing foundation, remove the one car garage, and build an attached 2-car garage. The proposed rebuilding of the house and garage does not meet the front and side yard setbacks for the Rural Zoning District. The lot is non-conforming since it does not meet the 10-acre minimum lot size. Any proposed structure on the lot would require multiple setback variances in the Rural Zoning District. GUIDE PLAN AND ZONING The Comprehensive Guide Plan shows this site as Low Density Residential for up to 2.5 units per acre. Surrounding sites are guided Low Density, Public, and Park/Open Space. The site is zoned Rural. Surrounding zoning is Rural, R1-13.5 and Public. Rezoning to R1-13.5 is appropriate for the following reasons: 1. The rezoning is consistent with City policy to eliminate non-conforming lots. 2. The rezoning to R1-13.5 is consistent with the surrounding zoning. 3. The rezoning is consistent with the guide plan. The site and the surrounding area is guided low density residential. PROPOSED ZONING The proposed lot size, lot dimensions and street frontage conform to the R1-13.5 zoning district requirements. UTILITIES City sewer and water is available to the property. VARIANCE The standard front yard setback requirement for the R1-13.5 Zoning District is 30 feet. However, when 40% or more of a block is developed, the required setback shall be equal to or greater than the average setback of the principle structure on either side. The required setback in this case is determined measuring the closest distance from the principle structures at 11985 Sunnybrook Road and 12101 Sunnybrook Road to the front property line and dividing by two. The average setback is approximately 134 feet. The lot depth is 154.77 feet. Applying the average setback and rear yard setback requirement would make it impossible to build a house without granting front and/or rear yard setback variances. The existing front setback 25.1 feet as measured to the existing attached garage. The house is 36.4 feet from the front property line. The plan shows rebuilding the home on 2 the existing foundation, removing the existing garage, and adding a two car garage at 12 feet from the front property line. The plan meets the side yard and rear yard setback requirements of the R1-13.5 Zoning District. The variance request is based on the requirements of the R1-13.5 zoning district. Since the property is zoned rural, the variance if approved by the Planning Commission will not become effective until the City Council adopts an ordinance rezoning the property from Rural to R1-13.5. Undue hardship Undue hardship is a legal standard established by statute that cities must apply when considering applications for variances. It is a three factor test and applies to all variances. To constitute a hardship all three factors of the test must be satisfied. Reasonable use of the property The first factor is that the property cannot be put to a reasonable use without the variance. This means that a landowner would like to use the property in a particular way but cannot do so under the rules of the ordinance. It does not mean that the land cannot be put to any reasonable use without the variance. It is reasonable to have a home with a two car garage on a lot in a single family zoning district. Unique circumstances The second factor is a unique circumstance, meaning the problem is due to circumstances unique to the property not caused by the current land owner. Based on the depth of the lot and the average setback requirement it is impossible to build a house without granting either a front or rear yard setback variance. The west half of the property is has an overhead power line easement which reduces the available land area for building a house and garage. Neighborhood character The third factor is the granting of the variance should not alter the character of the neighborhood. Under this factor consider whether the resulting structure will be out of scale, out of place, or otherwise inconsistent with the surrounding area. The surrounding area is a mix of new and older subdivisions with varying setbacks, a park, and a fire station. Alternatives 1. Build the house and garage according to Attachment A. This plan shows a home and garage meeting the 30 foot front yard setback. This plan would require a new 3 foundation. 2. Build a detached garage, according to Attachment B. This plan keeps the existing foundation for the house. The front yard setback would be 36.4 feet from the front property line. STAFF RECOMMENDATION Rezoning from Rural to R1-13.5 Recommend approval of the following request: 1. Zoning District Change from Rural to R 1-13.5 on .55 acres This is based on plans stamp dated April 7, 2010 and the Staff Report dated April 23, 2010. Variance Alternatives 1. Approve Final Order 2010-03. 2. Approve Final Order 2010-03 with modifications. 3. Continue Final Order 2010-03 if additional information is needed. 4. Deny Final Order 2010-03 4 STAFF REPORT TO: Planning Commission FROM: Regina Herron, Planner II THROUGH: Michael D. Franzen, City Planner DATE: May 7, 2010 SUBJECT: William Hoag APPLICANT/ William Hoag OWNER: 120 DAY REVIEW: Expires September 3, 2010 LOCATION: 12005 Sunnybrook Road REQUEST: 1. Zoning District Change from Rural to R1-13.5 on .55 acres 2. Variance to permit a 12 foot front yard setback for the proposed attached garage and house. City Code requires a front yard setback equal to or greater than the average of the principle structures on either side or 134 feet. 1 BACKGROUND On Monday, April 26, 2010, the Planning Commission voted 6-0 to continue the rezoning and variance request to the Monday, May 10, 2010 Planning Commission meeting. The Planning Commission gave the following direction to the owner: 1. Locate the house and garage on the survey. 2. Talk with Xcel Energy to determine if a garage would be permitted within the power line easement. The plan has been revised showing the proposed garage 35 feet from the front property line. A portion of the proposed garage is within the Xcel power line easement. Xcel is still in the process of reviewing the request to locate a garage within the power line easement. Alternatives 1. Build the house and garage according to the owners revised plan stamp dated May 6, 2010. This plan shows the garage at a 35 foot front yard setback, and within the Xcel power line easement. The owner shall provide written approval from Xcel to build in this location. If Xcel denies the request, the owner shall provide staff a revised plan that conforms to the 35 foot setback before a building permit is issued. 2. Build a detached garage, according to Attachment B. This plan keeps the existing foundation for the house. The front yard setback would be 36.4 feet from the front property line. STAFF RECOMMENDATION Rezoning from Rural to R1-13.5 Recommend approval of the following request: 1. Zoning District Change from Rural to R1-13.5 on .55 acres This is based on plans stamp dated April 7, 2010 and the Staff Report dated April 23, 2010. Variance Alternatives 1. Approve Final Order 2010-03. 2. Approve Final Order 2010-03 with modifications. 3. Continue Final Order 2010-03 if additional information is needed. 4. Deny Final Order 2010-03 2 STAFF REPORT TO: Planning Commission FROM: Regina Herron, Planner II THROUGH: Michael D. Franzen, City Planner DATE: May 21, 2010 SUBJECT: William Hoag APPLICANT/ William Hoag OWNER: 120 DAY REVIEW: Expires September 3, 2010 LOCATION: 12005 Sunnybrook Road REQUEST: 1. Zoning District Change from Rural to R1-13.5 on .55 acres 2. Variance to permit a 12 foot front yard setback for the proposed attached garage and house. City Code requires a front yard setback equal to or greater than the average of the principle structures on either side or 134 feet. BACKGROUND On Monday, April 26, 2010, the Planning Commission voted 6-0 to continue the rezoning and variance request to the Monday, May 10, 2010 Planning Commission meeting. The Planning Commission gave the following direction to the owner: 1. Locate the house and garage on the survey. 2. Talk with Xcel Energy to determine if a garage would be permitted within the power line easement. On Monday, May 10, 2010, the Planning Commission continued the rezoning and variance request to the May 24, 2010 Planning Commission meeting. REVISED PLAN The plan has been revised showing the proposed garage 35 feet from the front property line. A portion of the proposed garage is within the Xcel power line easement. Xcel is still in the process of reviewing the request to locate a garage within the power line easement. 1 Alternatives 1. Build the house and garage according to the owners revised plan stamp dated May 6, 2010. This plan shows the garage at a 35 foot front yard setback, and within the Xcel power line easement. The owner shall provide written approval from Xcel to build in this location. If Xcel denies the request, the owner shall provide staff a revised plan that conforms to the 35 foot setback before a building permit is issued. 2. Build a detached garage, according to Attachment B. This plan keeps the existing foundation for the house. The front yard setback would be 36.4 feet from the front property line. STAFF RECOMMENDATION Rezoning from Rural to R1-13.5 Recommend approval of the following request: 1. Zoning District Change from Rural to R1-13.5 on .55 acres This is based on plans stamp dated April 7, 2010 and the Staff Report dated April 23, 2010. Variance Alternatives 1. Approve Final Order 2010-03. 2. Approve Final Order 2010-03 with modifications. 3. Continue Final Order 2010-03 if additional information is needed. 4. Deny Final Order 2010-03 2 Area Location Map - William R. Hoag Address: 12005 Sunnybrook Road, Eden Prairie, MN 55347 Nip I I PRKSP° ly//// BISHOP .T / W / Q / tiZ / / Q I S NYBROOK RD II J I 0 J 2 0 0 O 2 1 / \ F �TFRS w-0 No Sc. e Guide Plan Map William Hoag 12005 Sunnybrook Road, Eden Prairie, MN #4Lj---844.imm' iiii 1 W , Irf //// IL\ / Dartmouth Ave. ' Sunnybrook Road I I ill ll )/ r //// ' Irr I Homeward Hills Road 1 i,...., A si.-- i \ of Eden Prairie , arid Use uide . - ! - - ' 00-2020 N Low Density Residential 0-2.5 Units/Acre Neighborhood Commercial Streams 1 A '22 Low Density/Public/Open Space Community Commercial Principal Arterial MI Medium Density residential 2.5-10 Units/Acre - Regional Commercial -A Minor Arterial —B Minor Arterial ' + '' V/Z Medium Density Residential/Office - Park/Open Space DATE Approved DATE Revised 3-0-07 Major Collector DATE Revised 11-07-05 DATE Revised 03-01-07 EDEN - High Density Residential 10-40 Units/Acre J Public/Quasi-Public DATE Revised 02-03-06 DATE Revised 10-01-07 Minor Collector DATE Revised 03-23-06 DATE Revised 02-23-06 DATE Revised 10-01-07 Office Golf Course DATE Revised 06 23-06 DATE Revised 03-01-08 DATE Revised 03-01-09 //A Office/Industrial Q Church/Cemetary PRAIRIE V//� Office/Public/Open Space Open Water - »e�....q............mm...,®....,.,..r.,..� u....u.®..m7...emi;+..o® LIVE•WORK•QA EAM Industrial Right-Of-Way 0.25 0.125 0 I Miles Zoning Map Location William Hoag 12005 Sunnybrook Road, Eden Prairie MN Homeward Hills Road l / ''- _ MI r Dartmouth Ave. -- 1 _ - SITE Sunnybrook Road /1111W ::: \ .. IIF \ I8 , \ \ '-',. - ‘6..91400 011111' dlIl ,' -.. — ,...Awapp Homeward Hills Road / ' Iiiill 4'4047 *tar* lift„ 16 City of Eden P i a • Rural -Regional Commercial Shoreland Management Classifications N R1-44 One Family-44,000 sf.min. I-I TC-C I NE I Natural Environment Waters R1-22 One Family-22,000 sf min. I TC-R I RD I Recreational Development Waters R1-13.5 One Family-13,500 sf min. I— I TC-MU I GD I General Development Waters(Creeks Only) '', , +. ,! R1-9.5 One Family-9,500 sf min. Industrial Park-2 Acre Min, I= 100- Year Floodplain DERM-6.5 Multi-Family-6.7 U.P.A.max. Industrial Park- 5Acre Min. EN Up dated through approved Ordinances#26-2008 - RM-2.5 Multi-Family-17.4 U.P.A.max. IV General Industrial-5 Acre Min. Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE Office J Public Date:March 1,2009 Neighborhood Commercial I Golf Course In case or discrepancy related to a zoNng classification on this ioNng map,the ordinance and attached legal description on file at Eden Praise City Center will prevail. -Community Commercial Water -Highway Commercial Right of Way 0 0.1 0.2 - Regional Service Commercial .wa ,op....,��o..,...,tip.. Miles o..o.a., ..._..1..m ,..,,m„ Aerial View William Hoag 12005 Sunnybrook Road, Eden Prairie, MN #*0 W • F Dartmouth Ave j441 ' A ilr r i JIlarlie A •' .1 �a A. ,\ ,f . Sunnybrook Road , itioy ■ '11SITE 111 s. I Homeward Hills Road -. 7-.T riar ,-,. Pax Christi •hurch +' =1 T, /. . (•, - i 0 _ +,4 r 4 y Nli i 0 le 7-,----- . * iii t,k, u*. .. • , ;/*-- . It , * *,.w ' • doh it . . �. r ....", / ., it- 14„ r-:' i .„,. ((t r APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,APRIL 26, 2010 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Katie Lechelt, Jacob Lee, Jerry Pitzrick, 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: Lechelt. II. APPROVAL OF AGENDA Franzen said there should be one amendment to the agenda. There will be the swearing in of Planning Commission Member Kevin Schultz. MOTION by Kirk, seconded by Pitzrick, to approve the agenda as amended. Motion carried 6-0. EDEN PRAIRIE PLANNING COMMISSION MINUTES April 26, 2010 Page 1 VII. PUBLIC HEARINGS A. William Hoag Rezoning and Variance by William Hoag Location: 12005 Sunnybrook Road Request: • Zoning District Change from Rural to R1-13.5 on 0.55 acres • To permit a 12 foot front yard setback for the proposed attached garage. City Code requires a front yard setback equal to or greater than the average of the principle structures on either side or 134'. William Hoag presented this variance request. He is the owner of the property but does not reside at this location. He and his wife initially purchased the home with the intent to sell it to his niece, but that scenario did not work out. Now they would like to remodel the house to either rent it or sell it. Mr. Hoag stated in order to do this they need to rezone the property. By doing this it would open up different options to the property. Mr. Hoag also pointed out this winter the snow collapsed the house on the property so their intent now is to better the property. Stoltz asked Franzen to review the staff report. Franzen stated there are two actions to be discussed tonight. The rezoning of the property; which he felt was consistent with the guide plan and surrounding area and the variance request, met the three part test for hardship. There are three options listed in the staff report for building location and staff is comfortable with any choice. Stoltz opened the meeting up for public input. There was no input. Pitzrick asked Mr. Hoag, based on the garage being positioned on the northeast side, did they consider moving it and the driveway to the southwest corner, due to the power line in the area. Mr. Hoag stated because of the grade, it would be a lot of work to build the driveway up. He would prefer to have it in the front of the house and put a garden in the back of the house. Mr. Hoag showed a diagram of the house and power line easement and showed the garage only sticking out 10 feet from the house. Mr. Hoag pointed out this was different from the drawings that were supplied to the Commission Members. Pitzrick asked if it would be a two car garage. Mr. Hoag stated it would be a two car garage with the dimensions being 24' by 24'. Stoltz asked that if the drawing was inaccurate, would the numbers also be inaccurate, and if so, the Commission should hold off on this request until they receive the correct numbers. Mr. Hoag said he was not originally applying for a variance but rather rezoning to start the process, otherwise he would have been more accurate. Stoltz asked how tight the project proponent's time line would be. Mr. Hoag said the property is unsightly right now and he would like to move on it as soon as possible,but it would be at least 60 days out for the building permit. He stated he would rather have rezoning decided on tonight and table the variance. Schultz said he is fine with voting on the rezoning and having the project proponent come back for the variance. Stoltz asked Franzen if he would suggest a continuance. Franzen approval of the rezoning alone would not allow the city to issue a permit since the proposed garage did not conform to the average setback. What could be done is schedule the rezoning for the City Council on May 18th, and continue the discussion on the rezoning and variance until May 10th. Mr. Hoag asked Schultz to explain what a continuance would mean. Schultz stated with this continuance, Mr. Hoag would be able to talk to Xcel about putting a garage in the power line easement and for you to tell the surveyor exactly where you want to place the home and garage on the survey. Mr. Hoag said he would be alright with the continuance. MOTION by Kirk, seconded by Schultz, to recommend a continuance to the May 10, 2010 meeting. Motion carried 6-0. APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,MAY 10, 2010 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Katie Lechelt, Jacob Lee, Jerry Pitzrick, 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 Kroll, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Chair Stoltz called the meeting to order at 7:18 p.m. He stated the public hearings would be continued to the May 24, 2010 meeting since there was not a quorum this evening. Absent: Lechelt, Lee, Pitzrick and Schultz. II. APPROVAL OF AGENDA III. MINUTES A. PLANNING COMMISSION MEETING HELD ON APRIL 26, 2010 IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS A. William Hoag Rezoning and Variance by William Hoag Location: 12005 Sunnybrook Road Request: • Zoning District Change from Rural to R1-13.5 on 0.55 acres • To permit a 12 foot front yard setback for the proposed attached garage. City Code requires a front yard setback equal to or greater than the average of the principle structures on either side or 134'. EDEN PRAIRIE PLANNING COMMISSION MINUTES May 10, 2010 Page 2 B. Variance#2010-01 by Jesse Van Norden and Jackie Bernard Location 17440 Duck Lake Trail Request to: • Permit a front yard setback along Duck Lake Trail of 40-95 feet. City Code requires 47.75 feet based on Chapter 11, Section 11.03 Subdivision 3.C. • Permit a front yard setback along 175th Avenue of 27.65 feet. City ode requires 47.75 feet based on Chapter 11, Section 11.03 Subdivision 3.C. and a minimum front yard setback of 30 feet in the R1-22 Zoning District. VII. PLANNERS' REPORT VIII. MEMBERS' REPORT IX. CONTINUING BUSINESS X. NEW BUSINESS XI. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,MAY 24, 2010 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Katie Lechelt, Jacob Lee, Jerry Pitzrick, 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. II. APPROVAL OF AGENDA MOTION by Schultz, seconded by Lechelt, to approve the agenda. Motion carried 7-0. VI. PUBLIC HEARINGS A. WILLIAM HOAG REZONING AND VARIANCE #2010-03 by William Hoag (CONTINUED FROM THE APRIL 26, 2010 and MAY 10, 2010 MEETING) Location: 12005 Sunnybrook Road Request: • Zoning District Change from Rural to R1-13.5 on 0.55 acres • To permit a 12 foot front yard setback for the proposed attached garage. City Code requires a front yard setback equal to or greater than the average of the principle structures on either side or 134'. William Hoag, owner of the property,presented the proposal. He stated he purchased the property five years ago. This past winter the house collapsed under the snow. Now they would like to rebuild it. Stoltz asked Franzen to review the staff report. Franzen stated Staff recommendation is for approval of the revised plan. This revised plan shows the proposed house and garage to be 35 feet from the front property line. A portion of the proposed garage is within the Xcel power line easement. Xcel is still in the process of reviewing the request to locate a garage within the power line easement. If the Commission does approve the variance, Mr. Hoag will provide written approval from Xcel Energy to build in this location. If Xcel denies the request, the owner shall provide a revised plan that conforms to the 35 foot setback before a building permit is issued. Stoltz opened the meeting up for public input. There was no input. Pitzrick asked Franzen if it is a 12 foot front yard setback or a 35 foot yard setback. Franzen said the variance in the final order is for a 35 foot yard setback. Pitzrick asked Mr. Hoag how it is going with Xcel. Mr. Hoag said it is going very well. He stated if they do not approve the plans he will be flexible in re-doing them. MOTION by Kirk, seconded by Wuttke, to close the public hearing. Motion carried 7-0. MOTION by Kirk, seconded by Schultz, to recommend approval of the Zoning District Change from Rural to R1-13.5 on 0.55 acres based on plans stamped dated May 6, 2010 and the staff report dated May 21, 2010. Motion carried 7-0. CITY COUNCIL AGENDA DATE: June 15, 2010 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.D. Community West 78th Street Retail Development/Planning Janet Jeremiah/Regina Herron Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 1.22 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Amendment in the C-HWY Zoning District on 1.22 acres; and • Direct S taff t o p repare a D evelopment A greement i ncorporating Staff an d Commission recommendations and Council conditions; and • Approve and A uthorize Issuance of a G rading P ermit for W est 78 th Street Retail project s ubject t o r elease b y t he C ity E ngineer upon de termination t hat the final contract documents conform to plans stamp dated June 15, 2010, a s approved by the City Council; and • Approve and Authorize Issuance of a footing and foundation permit for the West 78th Retail P roject s ubject to r elease b y t he C hief Building Official th at th e b uilding permit c onforms t o p1 ans s tamp da ted June 1 5, 2010, a s a pproved by t he C ity Council. Synopsis The project is a 7,600 square foot retail building that replaces the exiting Marathon gas station and car wash buildings. Background Information The landscape plan has been revised for a decorative fence and plantings. The fence needs stone or brick columns to be consistent with the Lone Oak plan. The developer has agreed to add these to the plan. This will be a condition in the developer agreement. The 120-Day Review Period Expires on September 3, 2010. Planning Commission Recommendation The Planning Commission voted 7-0 to recommend approval of the project at the May 24, 2010 meeting, subject to a revised landscape plan for decorative fencing and plantings similar to Lone Oak Center. Attachments 1. Resolution 2. Staff Report 3. Location Map 4. Land Use Map 5. Zoning Map 6. Aerial photo 7. Planning Commission Minutes CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2010- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF 78TH STREET MARKET FOR OPPIDAN, INC WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development(PUD) Concept of certain areas located within the City; and WHEREAS, the Planning Commission did conduct a public hearing on May 24, 2010, on 78th Street Market by Oppidan, Inc and considered their request for approval of the PUD Concept plan and recommended approval of the request to the City Council; and WHEREAS,the City Council did consider the request on June 15, 2010. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. 78th Street Market,being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans stamp dated June 1, 2010. 3. That the PUD Concept meets the recommendations of the Planning Commission May 24, 2010. ADOPTED by the City Council of the City of Eden Prairie this 15th day of June, 2010 Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A PUD Concept- 78th Street Market Legal Description: Lot 1, Block 1, Phillips 66 First Addition STAFF REPORT TO: Planning Commission FROM: Regina Herron, Planner II DATE: May 21, 2010 PROJECT: 78th Street Market LOCATION: 8045 Flying Cloud Drive APPLICANT: Oppidan, Inc OWNERS: Holiday Holding 120 DAY REVIEW: Expires September 3, 2010 REQUEST: • Planned Unit Development Concept Review on 1.22 acres. • Planned Unit Development Districts Review on 1.22 acres. • Zoning District Amendment in the C-Hwy Zoning District on 1.22 acres. • Site Plan Review on 1.22 acres Staff Report—78th Street Market May 21, 2010 Page 2 BACKGROUND The Comprehensive Guide Plan shows the 1.22 acre property for Regional Commercial land use. Surrounding land uses consist of Regional Commercial and Town Center. The property is zoned Commercial Highway. MAJOR CENTER AREA STUDY The site is located in Subarea 8 of The Major Center Area Study. Subarea 8 is located north of Eden Prairie Center, east of Flying Cloud Drive, and southwest of I-494. The current uses within Subarea 8 include a mix of big box and small retail with no forecasted significant increases in density or intensity. The proposed retail use is an appropriate use for Subarea 8. SITE PLAN The project is a 7,600 square foot retail building. The site has a base area/floor area ratio of 0.14. City code permits up to a 0.30 base area ratio and a 0.40 floor area ratio in the Commercial Highway zoning district. The code requires 61 parking spaces. The proposed plan shows 61 spaces parking spaces. TREE REPLACEMENT,LANDSCAPING AND SCREENING OF PARKING There are approximately 150 inches of significant trees (conifers) along the north the property that will be removed as part of construction. The required tree replacement is 200 inches. The plan does not meet this requirement. The plan meets city requirements for number of inches of trees based on building size. The existing site has a 4 foot high berm and shrubs that met the screening of parking requirement. The requirement for drainage removes the berm. The proposed screening plan does not have a berm. The proposed plan does not meet code. The solution for screening of parking and tree replacement can be accomplished using an approach similar to Lone Oak Center. That plan is a combination of decorative fencing, perennials, and shade trees, across the front of the parking lot. GRADING AND DRAINAGE The proposed plan includes a filtration system for treatment of the stormwater runoff prior to discharge from the site. Due to the historic use of the site as a gasoline station, this is likely the best treatment available for stormwater as infiltration would carry pollutants such as gasoline or oil components into the groundwater. However, the developer is conducting additional soil Staff Report—78th Street Market May 21, 2010 Page 3 testing to determine if pollutants are present within the soils. If these tests come back clean, the stormwater treatment system will need to be redesigned to include infiltration. ARCHITECTURE The building meets the exterior material requirements for 75% face brick, glass, and natural stone. SIGNS The proposed freestanding sign and wall signs meet city code. SITE LIGHTING Parking lot lighting is downcast-cutoff fixtures on 25-foot poles. STAFF RECOMMENDATIONS Recommend approval of the following request: • Planned Unit Development Concept Review on 1.22 acres. • Planned Unit Development Districts Review on 1.22 acres. • Zoning District Amendment in the C-Hwy Zoning District on 1.22 acres. • Site Plan Review on 1.22 acres This is based on plans stamp dated May 28, 2010 and the following conditions: 1. Prior to City Council Review, the proponent shall: A. Submit a revised plan that meets city code for parking lot screening and tree replacement. B. If additional soil tests come back clean, the storm water treatment system will need to be redesigned to include infiltration 2. Prior to grading permit issuance, the proponent shall: A. Submit detailed storm water runoff,utility, and erosion control plans for review and approval by the City Engineer and Watershed District. B. Notify the City and Watershed District 48 hours in advance of grading. C. Install erosion control at the grading limits. Staff Report—78th Street Market May 21, 2010 Page 4 3. Prior to building permit issuance for the property, the proponent shall: A. Provide a tree replacement/landscaping surety equivalent to 150% of the cost of the landscaping plan. B. Review the plans with the Fire Marshal C. Provide samples of exterior materials for review and approval. Area Location Map - 78th Street Market Address: 8045 Flying Cloud Drive, Eden Prairie, MN 55344 --N, i Lake Idlewild / Eden Road ( \ LEONA RD III aril 0 w •All z w 0 I I Glen Lane \ ` -.- - - 0 z w 0 w ._ � al J swiGLEYRF 1 NBING W 78th Street --\ m N •o� Flying Cloud Drive J G?o O 0 k,' No Scale Guide Plan Map 78th Street Market 8045 Flying Cloud Drive, EdN. __._____en Prairie, MN -1, , \,,, ,, V101 � 1111.11110 _ _ filltr. - -_-] / ____ , 411111111111111111 1 /1 Leona Rdlir rwr . �' A.r _., „ , ,. _ , ,,,,._ _. . ii.. :03 ,, V Flying Cloud Dr. I 1�' iiii IlliftilLil': '_ili. itil 1 W. 78th St. \ \ rum kill 0 lo y 7 y I I II I _ Prairie Center Dr. Iiitifit„ L\ Vi\\\\ , NW r I �� ,� o�11111 I Ilene ��� , i ,;jj ��DIr� � mmm�mme 0 44 ,/// Illik , ilitiO • .0 c3 • • % - AO , Z _ id; le La %— n� ri���ri�ili�-m,``` i - 4 2 1 . - ,! 120 _ c N Low Density Residential 0-2.5 Units/Acre Neighborhood Commercial Streams '22 Low Density/Public/Open Space Community Commercial ' Principal Arterial MI Medium Density residential 2.5-10 Units/Acre - Regional Commercial —A Minor Arterial —B Minor Arterial ' + '' V/Z Medium Density Residential/Office - Park/Open Space DATE Approved DATE Revised 3-0-07 Major Collector DATE Revised 11-07-05 DATE Revised 03-01-07 E a E N - High Density Residential 10-40 Units/Acre J Public/Quasi-Public DATE Revised 02-03-06 DATE Revised 0-01-07 Minor Collector DATE Revised 03-23-06 DATE Revised 02-23-06 DATE Revised 10-01-078 Office Golf Course DATE Revised 06 23-06 DATE Revised 03-01-08 DATE Revised 03-01-09 //A Office/Industrial Q Church/Cemetary PRAIRIE .........,..„„,......„-7°7';i'ir:i.7;:',''ES:, WA Office/Public/Open Space Open Water - »e�. 04.....��.o..mm...,®..,...,.,a.r�,..� ..,.. ®.aF�.a..„��,..o® LIVE•WORK•DREAM Industrial Right-Of-Way 0.25 0.125 0 I I Miles Zoning Map 78th Street Market 8045 Flying Could Drive, Eden Prairie MN WI I° Ti 2. i, 1 Pf—4 II NI fAIL411 ) ,,,, ,. __. NE • Leona Rd. , R� pp,... • •13r 1111 4 I j...-- E II SITE Flying Cloud Dr. - II I `. • ili Fr itlV6 W. 78th St 11.1 � i Prairie Center Dr. jtvot, Lt. I , * it .. or ,_- 4,401r.,\ N._._ ---, „„,..R w, it i 1*i*r,, /11...../' ',..,11) . [081M. $SIMt, 41101101111 .41111111111111111%ft At 40,00/ _ _ k,.,;,..;'. a IA -fiki e 7 411111- Rural -Regional Commercial Shoreland Management Classifications N R1-44 One Family-44,000 sf.min. I I TC-C I NE I Natural Environment Waters R1-22 One Family-22,000 sf min. I TC-R I RD I Recreational Development Waters R1-13.5 One Family-13,500 sf min. Q TC-MU I GD I General Development Waters(Creeks Only) I r p i Ri-9.5 One Family-9,500 sf min. Industrial Park-2 Acre Min, ® 100- Year Floodplain RM-6.5 Multi-Family-6.7 U.P.A.max. Industrial Park- 5Acre Min. EDEN Up dated through approved Ordinances#26-2008 - RM-2.5 Multi-Family-17.4 U.P.A.max. NV General Industrial-5 Acre Min. Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE iIF t Office J Public Date:March 1,2009 Neighborhood Commercial I Golf Course In case of discrepancy related to a zoNng classification on this zoNng map,the Ordinance uVE•WOKK•OREAM and attached legal desedption on file at Eden Prone City Ceder will prevail. -Community Commercial Water -Highway Commercial Right of Way 0 0.15 0.3 -Regional Service Commercial Miles ....,��mo..,..-.,tip..�o..o.a., ..._..:.,...m ,..,,m„ Aerial Map - 78th Street Market Address: 8045 Flying Cloud Drive, Eden Prairie, MN 55344 / 1 L , 4 + diP o r w • _ \ V .0. ti _� Ede.1wn Road \ •� , !� � _ "''• — - LEONA RD 3 • .� ' _ - 1 ; i7 11. i i eirlin : .-41! / 1. I f !* a1 i .MI.1 _ M. .. r ` lkiF K 5 Z r Ii ' 'f l uJ • ') ISITE •' .711 1iiii 'f r r# IN 9avA� ' �'�I rill r Glen Lane A, ;Ph ia * —s_ Illy ri - -„ • 4 + �r317 I . _ 61 rare el.1,, .ii :/(--1. it . R _ 31Ni, FF� . . • - L •' W 78th Street ' r ' Zt .11 it -- ,.&_ .. .1110 A' 11111111P GoaC. IL *r f Flying Cloud Drive ' li: ' +� • `i • f • F K , I • rm. -. , .NA..-.AAA. 1.1■ r .- , 1 UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,MAY 24, 2010 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Katie Lechelt, Jacob Lee, Jerry Pitzrick, 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. II. APPROVAL OF AGENDA MOTION by Schultz, seconded by Lechelt, to approve the agenda. Motion carried 7-0. VI. PUBLIC HEARINGS D. 78th STREET MARKET (2010-03)by Oppidan Location: 8045 Flying Cloud Drive Request for: • Planned Unit Development Concept Review on 1.22 acres. • Planned Unit Development Districts Review on 1.22 acres. • Zoning District Amendment in the C-Hwy Zoning District on 1.22 acres. • Site Plan Review on 1.22 acres. Pat Barrett, of 5125 County Road 101, Minnetonka,presented the proposal on behalf of Oppidan, Inc. Mr. Barrett displayed plans of the project utilizing the overhead projector. The existing gas station will be replaced by a retail center. Mr. Barrett stated they will work with Staff on screening for the project. Stoltz asked Franzen to review the staff report. Franzen stated Staff recommends approval based on pages 3 and 4 of the staff report. Pitzrick asked if at one time there was talk of relocating W. 78th Street, and if so, has it gone away. Rue said it has been delayed but would have no impact on this project. Lechelt asked if there will be an increase in traffic in the area. Franzen said it will not have a major impact on traffic flow. Stoltz opened the meeting up for public input. Sam Hakta, of 6630 Oakdale Drive, represents the hotel behind the project. Mr. Hakta said he would like to see the site plan. He showed where the hotel and entrance would be located. He asked how high the building would be. Mr. Barrett said the height of the front of the building is 20 feet and the rear is 17 feet. Mr. Hakta said he wanted the length and depth of the building. Mr. Barrett said the length is 118 feet and the depth is 66 feet. Mr. Hakta asked if there would be underground storage tanks. Mr. Barrett said they would be removed. Mr. Hakta also asked about the monitoring wells. Mr. Barrett said the existing monitoring wells are awaiting closure. Mr. Hakta asked about the vibrations and dust from the construction. Mr. Barrett said they would follow City working hours and dust control. Franzen stated the hours are 7 am to 7 pm, Monday through Saturday. MOTION by Wuttke, seconded by Lechelt, to close the public hearing. Motion carried 7-0. MOTION by Wuttke, seconded by Schultz, to recommend approval of the Planned Unit Development Concept Review on 1.22 acres, Planned Unit Development Districts Review on 1.22 acres, and Zoning District Amendment in the C-Hwy Zoning District on 1.22 acres. Site Plan Review on 1.22 acres, and Zoning District Change from Rural to R1-13.5 on 0.55 acres based on plans stamped dated May 20, 2010, and the staff report dated May 21, 2010. Motion carried 7-0. CITY COUNCIL AGENDA DATE: June 15, 2010 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.E. Community Certificate of Appropriateness - John R. Development/Planning Cummins House Landscape Restoration Janet Jeremiah/Scott Kipp Plan. REQUESTED ACTION Move to: • Close the Public Hearing. • Adopt the F indings of Fact and Approve C ertificate of Appropriateness #2010-02-004 For t he J ohn R . C ummins H ouse Landscape R estoration P lan, subject to th e S tate Historic Preservation Office (SHPO)review and comment. SYNOPSIS The C ertificate of A ppropriateness a pplication i s for 1 andscape r estoration over much of the heritage s ite. The s ite sustained co nstruction r elated damages i n m any areas due t o H ennepin County's roadway reconstruction project on a djacent Pioneer T rail (CSAH 1), and the C ity's subsequent ba 11 field a nd pa rking 1 of reconstruction pr ojects. The i mplementation of t he Landscape R estoration Plan i s t he m itigation agreed t o b y t he C ity and H ennepin C ounty Transportation as stipulated in the Section 106 Memorandum of Agreement(MOA), between the Federal Highway Administration, Advisory Council on Historic Preservation and State Historic Preservation Office. FINDINGS OF FACT The plan is found to meet preservation standards applicable to this application request based on the following: • That notice of the City Council public hearing was published in the local paper • That proper notice was given to property owners within 500 feet of the site • That the City's Parks & Recreation Director was present to provide oral and documentary evidence to the HPC • That t he H eritage P reservation C ommission w as pr esented w ith t he a pplication f or review for the restoration of the John R. Cummins House landscape • That the application does meet the Secretary of The Interior's Standards, and the specific Criteria for Certificate of Appropriateness. These findings are listed in Exhibit A of the Certificate of Appropriateness. HPC RECOMMENDATION The Eden Prairie Heritage Preservation Commission held a public meeting on May 17, 2010, and reviewed the Landscape Preservation Plan per City Code, Section 11.05, Subd. 8.C., Criteria for Certificate of Appropriateness. The Commission voted in favor (7-0) and recommends that the City Council approve the application for Certificate of Appropriateness No. 2010-02-004. BACKGROUND The Landscape Restoration Plan submitted by Brauer &Associates, on b ehalf of the City, was also reviewed and approved by Hennepin County Transportation, and Minnesota Department of Transportation, t o comply with requirements in the M OA. Comments from S HPO to c omply with the MOA have not yet been provided. The Eden Prairie Historical Society was also invited to review and comment on the plans. Most of t he C ity's ba 11 field a nd a djacent pa rking 1 of c onstruction i s c omplete. A reas of construction that directly impacted the John R. Cummins site will be restored this year per the MOA and Landscape Restoration Plan. Areas impacted by the County's roadway work will also be restored this year. Currently, the site does not meet general accessibility standards. New trails planned for the site will provide better access to the house, gardens, interpretive features and picnic areas. General parking and access to the site will be shared via the new parking lots to the north and west of the site. Handicap parking has also been provided west of the house as near as practicable. The site is also linked with new paved trails to the Starring Lake Park trail system, which provides both access to the historic site, or a starting point to explore the park. The John R. Cummins Homestead was designated a Heritage Preservation Site on September 16, 1997. The property was added to the National Register on October 13, 1982. It is one of two sites in Eden Prairie on the NRHP. A Certificate of Appropriateness (COA) is required to make any change in, on, or to a designated Heritage Preservation Site. Any proposed change, addition or alteration to a building, structure or site must meet the Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. The Heritage Preservation Commission and staff reviewed the Landscape Restoration Plan to ensure compliance with these standards. The City Council approves the Certificate of Appropriateness. ATTACHMENTS 1. Certificate of Appropriateness 2. Cummins Grill Site Restoration Plan 3. Staff Report—Parks and Recreation Dept. 4. Staff Report—Heritage Preservation Commission 5. May 17, 2010 HPC minutes (unapproved) City of Eden Prairie Certificate of Appropriateness Property Location Permit#2010-02-004 Name: John R. Cummins Homestead Address: 13600 Pioneer Trail SHPO Site Number: HE-EPC-004 Applicant Name: City of Eden Prairie Address: 8080 Mitchell Road Phone: 952-949-8300 Property Owner Name: Same Address: Same Phone: Same Contractor/Architect Performing Work Name: Same Address: Same Phone: Same Project Description Major/Minor: Major The City of Eden Prairie is applying for a COA to complete site restoration at the John R. Cummins Homestead. Plans prepared by Brauer&Associates, include new accessible trails within the site, site signage, gardens, and screening. The plans will also address restoration to pre-existing conditions, where possible, the City's current ball field and parking lot construction impacts. APPLICANT Signature Date CITY OF EDEN PRAIRIE Signature Date EXHIBIT A-FINDINGS C. 1. Every reasonable effort shall be made to provide a compatible use for the property which requires minimal alteration of the buildings, structure, or site and its environment, or to use the property for its originally intended purpose. The Landscape Restoration Plan is found not to be incongruous to the original use or character of the heritage site. The historic farmhouse landscape features will be retained and the proposed interpretive and passive p ark use is compatible with the original. 0 verall, minimal site alteration is planned; the majority of it will be reversible. C.2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal of any historic material or distinctive features should be avoided when possible. No buildings or distinctive features will be impacted by the site restoration work. Historic gardens and trees have be en identified and will be protected. New trees and plants are appropriate for use on t he historic farmstead. C.3. All buildings, structures and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be avoided. No alteration of an existing structure is planned. Landscape plans as submitted do not seek to recreate an earlier farmstead feature or appearance. Plantings for educational purposes are interpreted through the use of signage and will not be construed as original to the farmstead. Woven wire and wood post fence design used to demarcate the site is modern, but sympathetic to the character of the site. C.4. Changes which have taken place in the course of time are evidence of the history and development of a building, structure or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. Not applicable. C.5. Distinctive stylistic features or examples of skilled craftsmanship which characterizes a building, structure, or site shall be treated with sensitivity. Not applicable. C.6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures. Not applicable. C.7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage historic building materials shall not be undertaken. Not applicable. C.8. Every reasonable effort shall be made to protect and preserve archaeological resources affected by, or adjacent to, any acquisition, stabilization, preservation, rehabilitation, restoration or reconstruction project. Not applicable. C.9. The Commission and the Council shall also consider, when appropriate, the Secretary of The Interior's Specific Standards for Preservation Projects. The Secretary of The Interior's Standards for The Treatment of Historic Properties and Guidelines for The Treatment of Cultural Landscapes were considered in the review of this application. Cummins Grill Site Restoration Plan FALLER&MSOOAIES,LTD. W46 USE PNM'ING AND W.H. �- City of Eden Prairie, MN - '°°�" "" ens Site Fence&Access ED E N .- " 8- Site fencing around the perimeter to PRAIRIE �' °-895 ',,�`,- - delineate the historical site from the remaining park spaces and to deter dog Natural Space park use.A gate provides site access. Areas left to grow naturally,or restored Park ID to demonstrate either a native prairie Orchard Patio or e typical pasture setting.Interpretive Sign A small paver patio containing panel#4 is set along the path. ` 11' interpretive panel#5located along the - Jr secondary site entrance. Asparagus Garden ' '" A small asparagus garden with a simple 4 0 -- Demonstration Orchard wooden fence around it. Ia, G Includes two varieties of apple trees, Existing n �� �, _ %a , two varieties of crabapples,American Crabapples plum,butternut,black walnut,and Entrance Patio + ®; 57H shagbark hickory plants. A patio space with seating and `� -• k 1 A historical interpretive panels#1,#2& #3 located along the main entrance � '` , New Trees (typ) Park ID Overatory trees include bur oak and walk into the site. Patio is made up Sign ® 3 a ; g, 1, , thornless honeylocust. of donation bricks. g _ Gravel Drive I Walk ele '� �_ Natural Accessible Path Original gravel drive is left intact as the Fh' e. _ f \ A natural surfaced path(preferrably main site access and provides a link „ am• '` 141- -: mowed tun,creates an accessible loop. between the parking lot and the site -�k�' • �-g „ Ah ' • trans&features. I- .% -• ,, � —� Site Wayfinding!ID Signage s ,i 4 Y 9 Foundation Landscape s �. • •r +;e s m Remove existing annual gardens r ." �00- • r e a • $•q.y Peony Garden Patio around the south and east of the r '�p a O s 0....416 o':o•+ @•oar•O h A small rock paver(flagstone)patio to house and restore to lawn. * -•y, .+_ ,; et, • , a 4eo#a* .•••�y•ea, i, match the patio material along the front O •O y r� of the house and includes interpretive Existing Vegetation (typ) E- ILL ,, ¢ 1 panel#6. * li aHoneylocusl6 ' + r- 1 T. x,.� 1cAl " _ - _t Existing Peony Garden Interpretive Panel Key: a.*, Historical _ c Main Cummins-Grill historical panel -ID Sign `- ply Maintained Lawn Space (typ) Historical - M1 fti:_. ®Barn,milkhouse,cattle,&crops panel Shagbark r:, - Hickories - i 3 Anderson schoolhouse&pioneer life Do, — 4.1. 4_t. - Relocated Park Entry Signage O New White Pine J?� _ o�wo ,i. ®Prairie and pasture panel —— - y4 4t ®Orchards,plants&plant testing ——— p oneer rrdl/ 4 Peony Garden #`— Cummins Grill Site Plan 30 al kr - - C phic Sca]c - Cummins Grill Site Image Board RAllFR&ASSOCIATES,LE). lin City of Eden Prairie, MN � e.aw.ansaa ,�wiuto DES 5 - r',� , -; - , a. (J. ,i1. tl)A\ . „., .. .. - '1 '..1:::.‹.1.17-4."',..-3.5:3.. . .".4;f:. "tjj'. _,,FNFt1/2,..„,,...-„..J.":,ttr....e. ..A.,. ' 't,,,.,,,..,-....7.'"..:4 ,-.: . .. ,„ .. , .... ....: r. • ... ....,.. ,..... • • .. . ,..,..c..„ ....,. .: „.,,.....,,,. ,.....,... ..,..„.....,..._ .,.. .......•...,.,,,,.....:.,..... ,•,:,,,,..„.......„..„....,..,„„ .-.r.,-.--, .' � - f %ape yaeAs:'.T� : .` �• } 45. '11 + - tv i .- i•^' a • �. ■ . • )ei;,-, t . i b _ - tee- - bt _ - 1-� '��_7�. #dC ,.k,, "44.T. .t Y. r' C.1 , • Crabapple Trees y!: e r S - Prairifire and Indian Summer selections chosen for proper *r�- --. _ -__ pollination of the apple trees,as well as disease resistance. ; Shagbark Hickory Carya ovata White Pine 4 -1-..01 - Pinus strobus Apple Trees ,r' Fireside and Honeycrisp apple selections were chosen 414 ' ` `' for the Minnesota connection and superb taste. Thornless Honeylocust Gieditsia triacanthos , a,ri Woven Wire Fence Examples li�fF L1t 114., Y f �}+f� - II . . gi is , v__.4..._ - H /;:,, ,.. . -vv...... , ' ! \ • Bur Oak y. ..., _ Quercus macrocarpa -. w---. }A._ '1 My r+►�., . Butternut - ' _ Juglans cinerea _ rt �� 4 , Black Walnut01 American Plum5. -' Juglans nigra Prunus americana " Z :+ _ �-, 1441 To: Heritage Preservation Commission ' ., # 1`, � From: Jay Lotthammer, Parks and Recreation Director EDEN Date: May 17, 2010 Subject: Certificate of Appropriateness - Cummins Grill Homestead Site PRAIRIE • Ji!v�•wohr: QIEnro Restoration Plan Requested Action Recommend to the City Council to approve the Certificate of Appropriateness for the Cummins Grill Homestead Site Restoration Plan Pending the Incorporation of SHPO Comments. Synopsis On February 22, 2010, Parks & Recreation Director, Jay Lotthammer along with Candace Amberg and George Watson from the landscape architecture firm of Brauer and Associates attended the Heritage Preservation Committee meeting to present a draft restoration plan based on the Cultural Landscape Management Plan(CLMP) prepared for the Minnesota Department of Transportation and Hennepin County by Landscape Research LLC. Staff and consultants received input and feedback from the commission and have since incorporated this feedback into the final design. Input and feedback from several partner organizations has been gathered and incorporated and is reflected in the plan. At the time of submitting this memo, staff is waiting for feedback from SHPO. Staff and consultants will review the comments and feedback from other organizations, solicit final comments from commission members and review fencing options for future development. Background The Pioneer Trail road widening project impacted land that is part of and adjacent to Staring Lake Park and the Cummins Grill House and historic property. Relocation of the park entry and parking lot was also deemed as having an adverse impact on the historic property. Due to these impacts, mitigation for lost land and impacts to the properties is required. The impacts to the Cummins Grill House and historic property require that the Cultural Landscape Management Plan is followed. The CLMP plan provides an in-depth historic review of the conditions of the landscape surrounding the house and the types of activities that the land and plantings supported. In an effort to implement the CLMP recommendations, staff selected Brauer and Associates to take the historical and conceptual plan to a detailed level of design that will allow for implementation. Brauer and Associates was the firm responsible for the recent Camp Edenwood Master Plan. In addition, Parks and Recreation staff has successfully worked with staff from Brauer and Associates to K:\Administration\Agenda Preparation\City Council Agenda Packet Items\2010\06.15.10\Community Development\Cummins Grill Landscape Restoration C.O.AW ttach 3-Cummins Grill COA(Site Restoration Plan-Perks Staff Report to HPC May 17 2010).doc Cummins Grill Homestead Site Restoration Plan May 17, 2010 Page 2 design and implement many other park plans and projects. In addition to the Heritage Preservation Commission,the following agencies and organizations reviewed and commented on the proposed restoration plan. Their comments are listed below: Minnesota Department of Transportation Minus the SHPO's comments, my general comments are below. The plan incorporates a lot of what was brought out in the landscape study, which is terrific. I like the plan for the front and east side areas and the selection of plants and trees. However, I think some of the features at the rear of the house should be reduced to better reflect the historic function of this area as a farmyard. The new trees around the perimeter to screen the parking lot/recreate a windbreak are great as is the demonstration orchard. It would be better if the prairie garden could be done at ground level rather than in a raised stone planter; if not, it would be better to eliminate this as it's more of a park feature than an historic site feature. If the area between the house and the demonstration orchard could be left more open, maybe planted with prairie plants or left to reflect pasture (as in the NW part of the plan), it would be closer to the historic condition of this area. I like where the plan's going,just trying to keep a balance between the site as an historic site and as a park site. At the moment, I think the park features outweigh the historic aspects. Liz Abel Historical Archaeologist/Historian Cultural Resources Unit Hennepin County Transportation Department Place Historical ID sign outside of ROW(at least 5' from back of paved trail). Prefer that new white pine be planted at least 10' from ROW(15' from back of paved trail). [B. Spanier/N. Peterson] Plus our construction folks need language in your specifications regarding our road project- it should say that your contractor will coordinate with adjoining projects (our road project and any other work by folks like the MAC). Thanks. Nicholas A. Peterson, P.E. Sr. Project Manager- Design Hennepin County I Transportation Department State Historic Preservation Office Not received at the time of submittal. K Adminislretion\Agenda Preparation\City Council Agenda Packet Items\2010\06.15.10\Community Development\Cummins Grill Landscape Restoration C.O.A\Attach 3-Cummins Grill COA(Site Restoration Plan-Perks Staff Report to HPC May 17 2010).doc Cummins Grill Homestead Site Restoration Plan May 17, 2010 Page 3 Eden Prairie Historical Society Jay Lotthammer met with Kathie Case and Jan Mossman to review the plan. Ms. Case and Ms. Mossman were very happy with the plan and did not express concerns. They indicated a willingness to help in the research for fencing options. Their fencing suggestions were received and forwarded to Brauer and Associates. Staff anticipates the following time line: February—May Receive comments from partner organizations March/April/May Incorporate comments into plan May 17 Review plan with HPC, request Certificate of Appropriateness May/June Finalize plan, construction documents and bidding information August/ September Implement project Attachments Application for Heritage Preservation Site Certificate of Appropriateness Final Site Restoration Plan K:Administration Agenda Preparation\City Council Agenda Packet Items\2010\06.15.10\Community Development\Comm ins Grill Landscape Restoration C.O.A\Attach 3-Cummins Grill COA(Site Restoration Plan-Perks Staff Repon to I-IPC May 17 2010).doo TO: Heritage Preservation Commission FROM: John Gertz, Historic Preservation Specialist, Pathfinder CRM DATE: May 17, 2010 PROJECT: COA—2010-02-004 John R. Cummins Homestead Landscape Restoration Plan Request and Background The City's Parks & Recreation Department is requesting a Certificate of Appropriateness (COA), for the John R. Cummins Homestead Landscape Restoration Plan, prepared by Brauer& Associates. The draft plan was previously reviewed by the HPC on February 22, 2010. The Commission and staff comments from the February meeting have since been incorporated into the final plan now submitted. Comments from MnDOT and SHPO (pending) are also complete per the Section 106 Memorandum of Agreement(MOA), which these plans are a requirement of Per the MOA, the plans address restoration of the site due to effects of the County's roadway construction project along Pioneer Trail (CSAH 1), and the City's ball field and parking lot construction. Areas impacted by construction will be restored as needed and improvements to the sites accessibility have been included. Selective screening of parking areas is planned, and perimeter fencing details are included. The fence will help delineate the sites boundary within the park. Added historic themed gardens will be added for aesthetic and educational purposes, though the site in general will be low maintenance or self sustaining, as much as possible. Findings The Landscape Restoration Plan for the John R. Cummins Homestead is reviewed per City Code, Section 11.05, Subd. 8.C. (Site Alterations). The plan is found to meet General Preservation Standards and minimize adverse effects as follows: • Ball field and roadway construction effects will be restored to pre-existing conditions where possible; • existing site interpretive signage will be relocated to provide better public accessibility; • access trails are low impact grass, fully accessible routes; • all new plantings are appropriate to the historic site; • site screening meets level grade requirements (no berms), with appropriate tree types; • fencing is a common historic type and will serve to delineate the boundary; • signage meets historic site requirements; and • garden and interpretive features interface well with the site's historic context. 1 Recommendation Approve the John R. Cummins Homestead Landscape Restoration Plans, dated: May 2010, prepared by Brauer&Associates, as submitted by the Parks Department, and recommend the City Council approve COA 2010-02-004. Note: If the State Historic Preservation Office has not provided comments on the John R. Cummins Homestead Landscape Restoration Plan to the City by the time of the HPC meeting, it is recommended the HPC approve the plans pending SHPO comments. 2 HERITAGE PRESERVATION COMMISSION MINUTES May 17, 2010 Page 4 VL NEW BUSINESS A. CUMMINS GRILL CERTIFICATE OF APPROPRIATENESS FOR SITE RESTORATION PLAN Lotthammer said the City would like to implement the site restoration plan sooner rather than later. The City has sought feedback regarding the site restoration plan from the Minnesota Department of Transportation(MnDOT), the Hennepin County Highway Department, and the SHPO. All other parties have provided feedback, and the plan has been amended accordingly. SHPO has had a staffing change, and has not yet provided feedback regarding the plan. Lotthammer explained the Parks and Recreation Department is seeking approval for a Certificate of Appropriateness pending SHPO feedback. He then introduced Candace Amberg of Brauer&Associates to explain changes made to the site restoration plan based on feedback received. Using site illustration boards, Amberg explained the loop pathway will be developed in the most natural, yet accessible way possible. Mowed turf is the number one choice, but may not be fully accessible according to ADA standards and would have to be changed if it didn't meet the standards. Gertz suggested partial aggregate pathway as a possibility to comply with ADA requirements and maintain historic integrity. More specific site fencing design details will be submitted to MnDOT for approval. The asparagus bed's location was shifted moved, the front patio area will be kept, but will be smaller than originally outlined. The grounds area will be restored to native grasses, but it will take about five years for full restoration to occur. There will be signage indicating the area as a prairie restoration area. MOTION: McPherson moved, seconded by Muehlberg to approve the John R. Cummins Homestead Landscape Restoration Plan dated May, 2010, prepared by Brauer& Associates, as submitted by the Parks Department and recommend the City Council approve COA 2010-02-004 pending the incorporation of SHPO comments. Motion Carried 7-0. CITY COUNCIL AGENDA DATE: SECTION: Public Hearing June 15, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.F. Community Development 2010 CDBG Funding Modification Janet Jeremiah, Director Molly Koivumaki, Housing and Human Services Manager Requested Action Move to: • Close the public hearing; and • Adopt Resolution approving the use of$3,000 in 2010 CDBG funds for vehicle repair program. Synopsis The Human Services Review Committee is recommending funding the Vehicle Repair Program from the remaining $4,159 in 2010 CDBG Public Services funds which exists. Background Information The Eden Prairie Car Repair program was established to meet the great need in the community and to help residents maintain self sufficiency. Since the inception of this pilot project in the fall of 2006 there have been 86 repairs made for Eden Prairie residents. From July 2009 to present there have been 15 repairs (20 repairs in 2009) for a total of$9,438.71. The assistance of the car repair program has helped clients who need their cars in order to get to work and/or to support themselves and their families. The program is administered, at no cost to the City of Eden Prairie,by Community Action Partnership of Suburban Hennepin(CAPSH). The repairs must be made in one of six participating garages in Eden Prairie, thereby insuring local distribution of the funds. To qualify for the program, clients must meet both residency and CDBG income eligibility guidelines. Clients are required to provide the necessary documentation, including driver's license, proof of car insurance and ownership and income verification. Clients must also sign an agreement that they will not sell the car for 90 days following the repair. Repairs are limited to problems that impact safety issues. The Car Repair program will pay 75% of repairs and client is responsible for 25% of initial garage estimate. The client portion must be paid before repairs are started. The program will pay up to $750 for repairs. Anything over this amount will be the responsibility of the client. Clients are able to access the program once every three years. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2010- RESOLUTION APPROVING USE OF FUNDS FOR 2010 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS WHEREAS, the C ity of E den P rairie, as an e ntitlement c ommunity, p articipates in the Community Development Block Grant Program; and WHEREAS,the City of Eden Prairie has $4,159 in available 2010 CDBG funds. BE IT RESOLVED that the C ity C ouncil of the C ity of E den P rairie approves allocation of $3,000 i n C DBG funds for the Vehicle Repair program, which i s administered at no c ost,b y Community Action Partnership of Suburban Hennepin, ADOPTED by the City Council of the City of Eden Prairie this 15th day of June, 2010. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims June 15, 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 197721 — 198587 Wire Transfers 3825 - 3865 3829—3841 April 20th US Bank Purchasing Card Payment 3855 —3865 May 20th US Bank Purchasing Card Payment City of Eden Prairie Council Check Summary 6/15/2010 Division Amount Division Amount General 91,888 315 Economic Development 299 100 City Manager 2,904 502 Park Development 64,076 101 Legislative 4,861 503 Utility Improvement 112,013 102 Legal Counsel 35,338 506 Improvment Bonds 1996 15,202 110 City Clerk 1,582 509 CIP Fund 69,535 111 Customer Service 13,113 513 CIP Pavement Management 2,458 112 Human Resources 78 521 Trails Referendum 20,740 113 Communications 8,182 522 Improvement Projects 2006 10,909 114 Benefits&Training 6,799 526 Transportation Fund 8,160 130 Assessing 3,063 Total Capital Project Funds 303,391 131 Finance 4,158 132 Housing and Community Services 6,004 601 Prairie Village Liquor 243,913 133 Planning 2,681 602 Den Road Liquor 300,982 136 Public Safety Communications 6,464 603 Prairie View Liquor 239,700 137 Economic Development 1,633 605 Den Road Building 4,514 138 Community Development Admin. 1,141 701 Water Fund 159,012 150 Park Administration 6,279 702 Sewer Fund 285,841 151 Park Maintenance 74,995 703 Storm Drainage Fund 86,690 152 Parks Capital Outlay 8,536 Total Enterprise Funds 1,320,652 153 Organized Athletics 11,211 154 Community Center 33,773 316 WAFTA 63 156 Youth Programs 1,223 803 Escrow Fund 2,209 158 Adult Recreation 5,574 804 100 Year History 10 159 Recreation Administration 2,804 Total Agency Funds 2,281 160 Therapeutic Recreation 288 161 Oak Point Pool 7,782 807 Benefits Fund 618,191 162 Arts 5,319 809 Investment Fund 1,088 163 Outdoor Center 5,449 811 Property Insurance 624 166 CC-Therapeutic Recreation 24 812 Fleet Internal Service 192,732 167 CC-Youth Programs 1,209 813 IT Internal Service 63,458 168 Arts Center 2,688 814 Facilities Capital ISF 20,347 169 SC-Therapeutic Recreation 9 815 Facilites Operating ISF 66,155 171 AC-Therapeutic Recreation 10 816 Facilites City Center ISF 66,620 180 Police 41,492 817 Facilites Comm.Center ISF 62,588 183 Emergency Preparedness 62 Total Internal Service Funds 1,091,804 184 Fire 66,369 186 Inspections 550 Report Total 3,799,865 200 Engineering 532 201 Street Maintenance 22,938 202 Street Lighting 43,626 Total General Funds 532,632 301 CDBG 19,251 303 Cemetary Operation 1,231 304 Senior Board 1,265 308 E-911 39 309 DWI Forfeiture 6,590 Total Special Revenue Funds 28,376 427 2005 G.O.IMPR BONDS 27,020 428 G.O.Improv.Revolving 2005B 43,811 434 2008A Capital Equipment Notes 330,434 435 2008B G.O.Improvement Bonds 97,518 436 2009C G.O.CIP Refunding Bonds 21,948 Total Debt Service Funds 520,730 City of Eden Prairie Council Check Register 6/15/2010 Check# Amount Vendor/Explanation Account Description Business Unit Explanation 3854 520,730 WELLS FARGO BANK MINNESOTA NA Interest 2009C G.O.CIP Refunding Bonds Bond Payment 198576 276,694 METROPOLITAN COUNCIL ENVIRONME MCES User Fee Sewer Utility-General MCES Monthly Fee 3848 186,644 CERIDIAN State Taxes Withheld Health and Benefits Payroll Taxes 3843 183,166 CERIDIAN State Taxes Withheld Health and Benefits Payroll Taxes 3851 119,004 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits PERA 3842 118,699 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits PERA 3828 100,252 MINNESOTA DEPT OF REVENUE Cash Over/Short General Fund Sales&Use Tax 198224 68,920 ELK RIVER Autos Public Works 198364 59,798 THANE HAWKINS POLAR CHEVROLET Autos Fire 198123 55,326 XCEL ENERGY Electric City Hall-CAM 197922 51,343 XCEL ENERGY Electric City Hall-CAM 198451 44,422 HANSEN THORP PELLINEN OLSON Other Contracted Services Park Acquisition&Development 197743 34,414 BERGERSON-CASWELL INC Other Contracted Services Infiltration/Inflow Study 197813 34,300 JOHN A DALSIN&SON INC Other Contracted Services Infiltration/Inflow Study 3841 34,300 US BANK Deposits Escrow 197817 32,487 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store 198276 32,057 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store 198504 30,858 PASS FENCING Other Contracted Services Miller Park 198474 30,387 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store 197746 29,600 BLUE WATER SCIENCE Other Contracted Services Storm Drainage 198247 27,455 GREGERSON ROSOW JOHNSON&NILA Legal Legal Council 198409 26,862 LOGIS Postage Assessing 198134 26,798 HUNERBERG CONSTRUCTION COMPANY Improvements to Land Park Acquisition&Development 198139 25,292 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store 198516 24,902 QUALITY WINE&SPIRITS CO Transportation Prairie View Liquor Store 198111 24,785 WALL TRENDS INC Contract Svcs-General Bldg Park Shelters 3865 24,724 US BANK Deposits Escrow 197735 24,700 ATOMIC ARCHITECTURAL SHEET MET Other Contracted Services Utility Improvement Fund 198200 24,253 BRAUER& ASSOCIATES LTD Other Contracted Services Parks Administration 198470 23,301 JJ TAYLOR DISTRIBUTING MINNESO Liquor Prairie View Liquor Store 198173 22,558 ABM JANITORIALSERVICES-NORTH C Janitor Service City Hall-CAM 198117 22,410 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie View Liquor Store 198270 22,200 JEFFERSON FIRE&SAFETY INC Protective Clothing Fire 197918 21,932 WIRTZ BEVERAGE MINNESOTA Transportation Prairie View Liquor Store 3850 21,237 ING Deferred Compensation General Fund 3845 21,199 ING Deferred Compensation General Fund 198293 20,962 MCKINSTRY ESSENTION INC Other Contracted Services CIP-Bonds 198161 20,029 WIRTZ BEVERAGE MINNESOTA Transportation Prairie View Liquor Store 198100 19,888 THORPE DISTRIBUTING Misc Taxable Prairie View Liquor Store 198219 19,519 DIVERSE BUILDING MAINTENANCE Janitor Service Den Bldg.-CAM 198550 19,437 WIRTZ BEVERAGE MINNESOTA Transportation Prairie View Liquor Store 198398 18,840 YOCUM OIL COMPANY INC Motor Fuels Fleet Operating 198572 18,240 HUNERBERG CONSTRUCTION COMPANY Building Park Acquisition&Development 198366 17,835 THORPE DISTRIBUTING Beer Prairie Village Liquor Store 198009 17,633 HIGHWAY TECHNOLOGIES INC Improvement Contracts Utility Improvement Fund Check# Amount Vendor/Explanation Account Description Business Unit Explanation 198391 17,616 WIRTZ BEVERAGE MINNESOTA Transportation Prairie View Liquor Store 198534 16,745 THORPE DISTRIBUTING Misc Taxable Prairie View Liquor Store 197875 16,616 RELIAKOR SERVICES INC Sweeping Storm Drainage 197863 15,719 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store 198551 15,509 WIRTZ BEVERAGE MINNESOTA BEER Misc Taxable Prairie View Liquor Store 198337 15,407 QUALITY WINE&SPIRITS CO Transportation Prairie View Liquor Store 3849 15,403 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 3846 15,395 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 198065 15,392 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store 198456 15,202 HENNEPIN COUNTY PUBLIC WORKS-F Improvement Contracts Improvement Projects 1996 198329 15,172 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store 198152 15,082 QUALITY WINE&SPIRITS CO Transportation Prairie View Liquor Store 197870 14,927 QUALITY WINE&SPIRITS CO Transportation Prairie View Liquor Store 198509 13,246 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store 198392 13,007 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie View Liquor Store 198271 12,871 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie View Liquor Store 197923 12,626 YOCUM OIL COMPANY INC Motor Fuels Fleet Operating 198066 12,599 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 198498 12,460 MOELTER GRAIN INC Lime Residual Removal Water Treatment Plant 198197 12,275 BONNER&BORHART LLP Legal Legal Criminal Prosecution 198206 12,106 CENTERPOINT ENERGY SERVICES IN Gas Water Treatment Plant 198046 11,581 MIDWEST ASPHALT CORPORATION Repair&Maint.Supplies Storm Drainage 197833 11,234 MASIMO AMERICAS INC Safety Supplies Fire 197900 11,007 THORPE DISTRIBUTING Beer Prairie Village Liquor Store 197919 10,873 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie View Liquor Store 198355 9,996 SRF CONSULTING GROUP INC Design&Engineering Improvement Projects 2006 198226 9,858 EMERGENCY APPARATUS MAINTENANC Repair&Maint.Supplies Fire 198023 9,710 JJ TAYLOR DISTRIBUTING MINNESO Liquor Prairie View Liquor Store 198148 9,683 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store 198246 9,281 GRAYMONT Treatment Chemicals Water Treatment Plant 197994 9,253 GRAYMONT Treatment Chemicals Water Treatment Plant 198216 9,252 DAY DISTRIBUTING Beer Prairie View Liquor Store 197812 9,223 JJ TAYLOR DISTRIBUTING MINNESO Liquor Prairie View Liquor Store 197830 8,705 LIFE INSURANCE COMPANY OF NORT Life Insurance EE/ER Health and Benefits 198025 8,676 JOHN DEERE LANDSCAPES/LESCO Repair&Maint.Supplies Water System Maintenance 198400 8,657 ACTIVE NETWORK INC,THE Software IT Operating 198411 8,553 NORTHLAND SYSTEMS INC Software IT Capital 198188 8,396 B&T QUALITY ELECTRIC Other Contracted Services Rehab 198007 8,240 HEWLETT-PACKARD COMPANY Computers IT Operating 198179 8,160 ALLIANT ENGINEERING INC Design&Engineering Transportation Fund 197819 7,700 KDV Audit&Financial Den Road Liquor Store 197769 7,655 DAY DISTRIBUTING Beer Prairie View Liquor Store 198320 7,598 NORTHERN AIR CORPORATION Other Contracted Services Facilities Capital 197911 7,581 VALLEY RICH CO INC Equipment Repair&Maint Water System Maintenance 197969 7,540 CLAUDE'S CERAMIC TILE INC Other Contracted Services Facilities Capital 197972 7,533 DAY DISTRIBUTING Beer Prairie View Liquor Store 198248 7,496 HARMON INC. Contract Svcs-General Bldg Fire Station#1 198457 7,451 HENNEPIN COUNTY TREASURER Board of Prisoner Police 198389 7,384 WINE MERCHANTS INC Transportation Prairie View Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit Explanation 198031 7,175 KRANZ LAWN&ATV Grounds Maintenance Utility Operations-General 198034 7,058 KUSTOM SIGNALS INC Equipment Repair&Maint Police 197934 6,512 A-SCAPE INC Contract Svcs-Lawn Maint. City Hall-CAM 198404 6,359 ESRI Software Storm Drainage 198436 6,186 DAY DISTRIBUTING Misc Taxable Prairie View Liquor Store 198450 6,154 GRAYMONT Treatment Chemicals Water Treatment Plant 198213 6,020 DAKOTA SUPPLY GROUP INC Merchandise for Resale Water Metering 198345 6,000 RIGHTLINE DESIGN LLC Other Contracted Services Communications 198221 5,952 EGAN OIL COMPANY Lubricants&Additives Fleet Operating 198490 5,932 MIDWEST ASPHALT CORPORATION Repair&Maint.Supplies Storm Drainage 198109 5,839 VTI Building Repair&Maint. Utility Operations-General 198124 5,724 BELLBOY CORPORATION Transportation Prairie View Liquor Store 197937 5,651 ALEX AIR APPARATUS INC Capital Under$10,000 CIP-Bonds 198311 5,397 MINNESOTA PIPE AND EQUIPMENT* Equipment Parts Water System Maintenance 197740 5,091 BELLBOY CORPORATION Transportation Prairie View Liquor Store 198327 5,086 PAUSTIS&SONS COMPANY Transportation Prairie View Liquor Store 198352 5,028 SPIRIT APPAREL&STUFF Operating Supplies Girls on the Run 197887 4,964 SPRINT Wireless Subscription IT Operating 198465 4,873 INTEREUM INC Capital Under$10,000 Furniture 198421 4,815 BELAIR EXCAVTING Equipment Repair&Maint Storm Drainage 198548 4,790 WINE MERCHANTS INC Transportation Prairie View Liquor Store 198085 4,560 SHERIDAN STEEL METAL COMPANY Other Contracted Services Rehab 197999 4,530 HAWKINS INC Treatment Chemicals Water Treatment Plant 198136 4,496 JJ TAYLOR DISTRIBUTING MINNESO Wine Domestic Prairie Village Liquor Store 198481 4,469 LAKE COUNTRY DOOR LLC Contract Svcs-General Bldg Fire Station#1 198060 4,459 PHILLIPS WINE AND SPIRITS INC Transportation Den Road Liquor Store 197916 4,441 WINE MERCHANTS INC Transportation Prairie View Liquor Store 198193 4,424 BELLBOY CORPORATION Transportation Prairie View Liquor Store 197722 4,381 2ND WIND EXERCISE Capital Under$10,000 Fitness Center 198532 4,379 TEMPCO SYSTEMS Contract Svcs-HVAC Ice Arena Maintenance 197963 4,280 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Street Maintenance 198159 4,201 WINE MERCHANTS INC Transportation Prairie View Liquor Store 197915 4,181 WINE COMPANY,THE Transportation Prairie View Liquor Store 198351 4,116 SOUTHWEST SUBURBAN PUBLISHING- Advertising Recreation Administration 198261 3,987 IND SCHOOL DIST 272 Other Contracted Services Oak Point Operations 197757 3,980 CENTURYLINK Telephone IT Telephone 197737 3,970 BARTLEY SALES COMPANY INC Other Contracted Services Facilities Capital 197794 3,924 HAWKINS INC Treatment Chemicals Water Treatment Plant 198069 3,894 QUALITY WINE&SPIRITS CO Liquor Prairie View Liquor Store 198027 3,808 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store 198314 3,764 MITY-LITE INC Capital Under$10,000 Furniture 197860 3,751 PAUSTIS&SONS COMPANY Transportation Prairie View Liquor Store 198184 3,701 AQUA ENGINEERING INC Grounds Maintenance Utility Operations-General 198096 3,619 SUPERIOR STRIPING INC Contract Svcs-Asphalt/Concr. City Hall-CAM 198260 3,593 IND SCHOOL DIST 272 Other Contracted Services Oak Point Operations 198505 3,584 PAUSTIS&SONS COMPANY Transportation Prairie View Liquor Store 198229 3,536 FERGUSON ENTERPRISES INC Other Contracted Services Rehab 197734 3,526 ASPEN WASTE SYSTEMS INC. Waste Disposal Community Center Maintenance 198423 3,511 BELLBOY CORPORATION Transportation Prairie View Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit Explanation 198057 3,448 OLYMPIC HILLS GOLF CLUB Miscellaneous Reserves 198567 3,446 ECOLAB INC Contract Svcs-Pest Control City Hall-CAM 198205 3,435 CEMSTONE PRODUCTS COMPANY Repair&Maint.Supplies Storm Drainage 198305 3,421 MIDWEST ASPHALT CORPORATION Patching Asphalt Street Maintenance 197799 3,416 HENNEPIN COUNTY TREASURER Board of Prisoner Police 198432 3,406 CLAREYS INC Capital Under$10,000 Capital Impr./Maint.Fund 197912 3,393 VALLEY TREE SERVICE Other Contracted Services Tree Removal 198024 3,393 JOHN CRANE,INC Equipment Parts Water Treatment Plant 197965 3,389 CENTERPOINT ENERGY Gas Prairie View Park 198106 3,326 VAN PAPER COMPANY C H Robinson-Cleaning Suppli City Hall-Direct Costs 197975 3,276 DPC INDUSTRIES INC Treatment Chemicals Water Treatment Plant 198097 3,250 TEENS ALONE Other Contracted Services Housing and Community Service 198162 3,205 WORLD CLASS WINES INC Transportation Prairie View Liquor Store 198385 3,187 WHEELER LUMBER LLC Building Materials Miller Park 197790 3,058 GRAYMONT Treatment Chemicals Water Treatment Plant 198557 3,015 ADVANCED ENGINEERING&ENVIRON Design&Engineering Water Storage 197987 3,014 GARDEN ROOM FRATELLI'S GARDEN Miscellaneous City Council 197929 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage Customer Service 198155 2,887 SURLY BREWING CO Beer Prairie View Liquor Store 198128 2,736 DAY DISTRIBUTING Beer Prairie View Liquor Store 198396 2,691 XCEL ENERGY Electric Arts Center 198541 2,664 VAN PAPER COMPANY Cleaning Supplies Community Center Maintenance 198232 2,626 FIRE SAFETY USA INC Small Tools Fire 197797 2,595 HENNEPIN COUNTY Other Contracted Services Rehab 197953 2,522 BEST BUY Other Assets CIP-Bonds 198042 2,500 MEALS ON WHEELS Other Contracted Services Housing and Community Service 198266 2,500 INTERSTATE POWER SYSTEMS INC Maintenance Contracts Water Wells 198195 2,496 BIFFS INC Waste Disposal Park Maintenance 198402 2,491 CDW GOVERNMENT INC. Other Hardware IT Operating 197845 2,469 MINNESOTA VALLEY ELECTRIC COOP Electric Street Lighting 197910 2,374 USA MOBILITY WIRELESS INC Pager&Cell Phone Public Safety Communications 197904 2,310 TREE TOP SERVICE Other Contracted Services Tree Removal 197920 2,285 WM MUELLER AND SONS INC Patching Asphalt Street Maintenance 197990 2,278 GENERAL REPAIR SERVICE Equipment Parts Water Treatment Plant 198488 2,263 METRO SALES INCORPORATED* Other Rentals Customer Service 197903 2,230 TOTAL REGISTER Other Contracted Services Prairie View Liquor Store 197745 2,225 BLOOMINGTON SECURITY SOLUTIONS Operating Supplies Police 198533 2,119 TESSCO INC Equipment Parts Fleet Operating 198255 2,105 HOHENSTEINS INC Beer Prairie View Liquor Store 198454 2,097 HEALTH ACT SRVS AIRPORT CLINIC Health&Fitness Fire 197980 2,043 EPA AUDIO VISUAL INC Equipment Repair&Maint IT Operating 197889 2,015 ST CROIX ENVIRONMENTAL INC Process Control Services Water Treatment Plant 197739 2,000 BEAL,KATIE Tuition Reimbursement/School Organizational Services 197954 2,000 BITWISE LOGIC Capital Under$10,000 Capital Impr./Maint.Fund 198479 2,000 KURT,KAREN Tuition Reimbursement/School Organizational Services 198236 1,999 GALE-TEC ENGINEERING INC Other Contracted Services Storm Drainage 198395 1,996 WORLD CLASS WINES INC Transportation Den Road Liquor Store 198414 1,986 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 197791 1,973 GREAT AMERICAN MARINE Capital Under$10,000 Fire Check# Amount Vendor/Explanation Account Description Business Unit Explanation 198371 1,950 TRUE NORTH TOWER LLC Equipment Repair&Maint Heritage Preservation 197803 1,939 HOHENSTEINS INC Beer Prairie View Liquor Store 198309 1,919 MINNESOTA CLAY CO.USA Capital Under$10,000 Arts Center 197758 1,913 CLAREYS INC Equipment Repair&Maint Sewer System Maintenance 198574 1,846 JM OIL CO Operating Supplies Water Treatment Plant 197858 1,834 OUT BACK NURSERY INC Landscape Materials/Supp Reforestation 198386 1,819 WIGLEY AND ASSOCIATES Software IT Operating 198310 1,800 MINNESOTA NATIVE LANDSCAPES Other Contracted Services Storm Drainage 198227 1,792 EXPLORER POST 925 Tuition Reimbursement/School Police 197814 1,792 JOHN DEERE LANDSCAPES/LESCO Repair&Maint.Supplies Park Maintenance 197782 1,784 FLORIDA MICRO LLC Other Assets CIP-Bonds 198201 1,750 BRYAN ROCK PRODUCTS INC Operating Supplies Park Maintenance 197752 1,745 BRYAN ROCK PRODUCTS INC Operating Supplies Park Maintenance 197826 1,731 KVITEK,BRENDA Landscape Materials/Supp Park Maintenance 198547 1,722 WINE COMPANY,THE Transportation Den Road Liquor Store 197775 1,711 EMERGENCY APPARATUS MAINTENANC Repair&Maint.Supplies Fire 198553 1,707 WORLD CLASS WINES INC Transportation Den Road Liquor Store 197893 1,672 STREICHERS Training Supplies Police 198145 1,668 PAUSTIS&SONS COMPANY Wine Imported Prairie View Liquor Store 197897 1,654 TESSMAN SEED CO Chemicals Park Maintenance 198397 1,626 YALE MECHANICAL INC Building Repair&Maint. Water Treatment Plant 3852 1,616 GENESIS EMPLOYEE BENEFITS,INC Other Contracted Services Health and Benefits 198344 1,609 RICHFIELD,CITY OF Autos Police 198358 1,609 STATE OF MINNESOTA Licenses&Taxes Fleet Operating 198510 1,597 POMP'S TIRE SERVICE INC Tires Fleet Operating 197754 1,559 CEMSTONE PRODUCTS COMPANY Repair&Maint.Supplies Storm Drainage 198211 1,534 CRUMB GOURMET DELI Training Supplies Police 198448 1,505 GRAINGER Supplies-General Bldg Community Center Maintenance 198483 1,496 LANO EQUIPMENT INC Asphalt Overlay Street Maintenance 198461 1,496 HOIGAARD'S CUSTOM CANVAS Equipment Parts Water Treatment Plant 198384 1,489 WENCK ASSOCIATES INC Other Contracted Services Storm Drainage 198158 1,439 WINE COMPANY,THE Transportation Den Road Liquor Store 197992 1,418 GRAINGER Supplies-HVAC City Hall-CAM 197796 1,414 HEALTH ACTIVATION SERVICES PLC Health&Fitness Fire 197921 1,361 WORLD CLASS WINES INC Transportation Den Road Liquor Store 198438 1,341 EARL F ANDERSEN INC Signs Traffic Signs 197978 1,338 ECOLAB INC Contract Svcs-Pest Control Housing and Human Svcs 197836 1,334 MEDICINE LAKE TOURS Special Event Fees Trips 198088 1,332 SIGNSOURCE Other Contracted Services Den Bldg.-Direct 198431 1,326 CEMSTONE PRODUCTS COMPANY Repair&Maint.Supplies Storm Drainage 198542 1,323 VESSCO INC Equipment Parts Water Treatment Plant 198203 1,281 BUETOW AND ASSOCIATES INC Other Contracted Services Park Acquisition&Development 198059 1,275 PEPSI COLA COMPANY Merchandise for Resale Concessions 198225 1,261 ELVIN SAFETY LLC Repair&Maint.Supplies Fire 198252 1,255 HENNEPIN COUNTY SHERIFF'S OFFI Board of Prisoner Police 198379 1,251 VINOCOPIA Transportation Den Road Liquor Store 198052 1,250 MINNESOTA VALLEY WHOLESALE Landscape Materials/Supp Miller Park 198045 1,250 MICHAELSON,ELIZABETH H Other Contracted Services Summer Theatre 198530 1,250 STREICHERS Capital Under$10,000 Fleet Operating Check# Amount Vendor/Explanation Account Description Business Unit Explanation 198387 1,206 WINE COMPANY,THE Transportation Prairie View Liquor Store 197732 1,196 ANCHOR PAPER COMPANY Office Supplies Customer Service 198554 1,182 XCEL ENERGY Electric Round Lake 198000 1,180 HCMC-EMS EDUCATION Tuition Reimbursement/School Police 198331 1,163 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Park Shelters 198103 1,163 US BANK Interest Investment Fund 198178 1,160 ALEX AIR APPARATUS INC Equipment Testing/Cert. Fire 198199 1,150 BOURGET IMPORTS Transportation Prairie View Liquor Store 198067 1,140 PROFORMA Printing Recreation Administration 198043 1,139 METRO SALES INCORPORATED* Other Rentals General Facilities 198528 1,137 STAPLES ADVANTAGE Operating Supplies Elections 198480 1,130 KUSTOM SIGNALS INC Equipment Repair&Maint Police 198209 1,128 CLAREYS INC Operating Supplies Fire 198253 1,125 HIRSHFIELDS PAINT MANUFACTURIN Operating Supplies Park Maintenance 198341 1,122 RETROFIT RECYCLING INC Supplies-Electrical Community Center Maintenance 198584 1,118 WM MUELLER AND SONS INC Asphalt Overlay CIP Pavement Management 198526 1,117 SPRINT Wireless Subscription IT Operating 197787 1,108 GRANGER Supplies-General Bldg Community Center Maintenance 198380 1,099 VISTAR CORPORATION Merchandise for Resale Concessions 198492 1,097 MINNESOTA PIPE AND EQUIPMENT* Equipment Parts Water System Maintenance 198318 1,093 NEW FRANCE WINE COMPANY Transportation Den Road Liquor Store 198241 1,086 GOPHER STATE ONE-CALL INC OCS-Leak Detection Utility Operations-General 198244 1,063 GRANGER Supplies-Electrical City Center Operations 198118 1,056 WM MUELLER AND SONS INC Gravel Water System Maintenance 197943 1,052 ASPEN WASTE SYSTEMS INC. Waste Disposal Den Bldg.-Direct 198506 1,051 PEPSI COLA COMPANY Merchandise for Resale Concessions 198323 1,045 OPPORTUNITY PARTNERS Janitor Service Fire Station#3 197895 1,044 SURLY BREWING CO Beer Prairie View Liquor Store 197859 1,040 PAUL'S TWO-WAY RADIO Other Contracted Services Public Safety Communications 198144 1,034 NEW FRANCE WINE COMPANY Transportation Prairie View Liquor Store 198563 1,023 CORVAL CONSTRUCTORS INC Contract Svcs-Ice Rink Ice Arena Maintenance 198427 1,022 BROCK WHITE COMPANY LLC Asphalt Overlay CIP Pavement Management 198518 1,020 RENDERS INC Chemicals Park Maintenance 198408 1,019 HEWLETT-PACKARD COMPANY Computers IT Operating 198215 1,016 DAVE'S FLOOR SANDING&INSTALL Contract Svcs-General Bldg Senior Center 198116 1,015 WIRTZ BEVERAGE MINNESOTA Transportation Den Road Liquor Store 198190 1,010 BARTLEY SALES COMPANY INC Other Contracted Services Facilities Capital 197762 1,001 COSTCO Clothing&Uniforms Senior Board 197974 1,000 DIETHELM,TAMMY L Other Contracted Services Pleasant Hill Cemetery 198494 1,000 MN DNR WATERS Other Contracted Services Storm Drainage 198061 963 PLEHAL BLACKTOPPING INC Improvement Contracts Capital Impr./Maint.Fund 198424 958 BOSS DISTRIBUTORS Wine Domestic Den Road Liquor Store 198523 956 SHORT ELLIOTT HENDRICKSON INC Other Contracted Services Storm Drainage 197788 951 GRAND PERE WINES INC Wine Domestic Prairie View Liquor Store 197914 951 VTI Equipment Repair&Maint Public Safety Communications 198585 950 ZOELLNER,MARK Other Contracted Services Softball 197997 940 HACH COMPANY Laboratory Chemicals Water Treatment Plant 198317 930 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 197831 925 MARGRON SKOGLUND WINE IMPORTS, Transportation Prairie View Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit Explanation 197996 922 GUNDERSON,CONSTANCE L. Instructor Service Arts Center 3844 915 CERIDIAN Garnishment Withheld General Fund 198416 912 AMERIPRIDE LINEN&APPAREL SER Clothing&Uniforms Prairie Village Liquor Store 198257 908 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance 198292 905 MAUI WOWI HAWAIIAN Merchandise for Resale Concessions 198258 900 HOUTZ,STEPHEN J Other Contracted Services Summer Theatre 198047 900 MIDWEST COCA COLA BOTTLING COM Misc Non-Taxable Prairie View Liquor Store 3847 885 CERIDIAN Garnishment Withheld General Fund 198466 884 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 198446 872 GE CAPITAL Other Rentals Customer Service 198413 871 SRF CONSULTING GROUP INC Other Contracted Services Storm Drainage 198511 865 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Prairie View Liquor Store 197985 856 FORMS&SYSTEMS OF MINNESOTA Office Supplies Police 198356 855 STAPLES ADVANTAGE Office Supplies Customer Service 197955 851 BLOOMINGTON,CITY OF Kennel Services Animal Control 198163 843 HOME DEPOT CREDIT SERVICES Supplies-General Building City Center Operations 198194 822 BERNICK'S WINE Wine Domestic Prairie View Liquor Store 198587 811 PETTY CASH Cash Over/Short General Fund 197770 810 DETERMAN BROWNIE INC Waste Disposal Fleet Operating 197767 806 DALE GREEN COMPANY,THE Improvement Contracts Capital Impr./Maint.Fund 198369 800 TRESIDDER,JEFFREY Printing Fire 198467 787 INTERSTATE POWER SYSTEMS INC Equipment Parts Fleet Operating 198249 782 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Infiltration/Inflow Study 198259 780 IND SCHOOL DIST 272 Accounts Receivable Community Center Admin 198108 779 VINOCOPIA Transportation Den Road Liquor Store 197809 775 J H LARSON COMPANY Operating Supplies Park Maintenance 198543 766 WALSER CHRYSLER JEEP Equipment Repair&Maint Fleet Operating 198245 762 GRAPE BEGINNINGS Transportation Den Road Liquor Store 198449 759 GRAPE BEGINNINGS Transportation Prairie View Liquor Store 197884 750 SMITH,JAMES G Tuition Reimbursement/School Fire 198517 744 QWEST Process Control Services Water Treatment Plant 198301 744 METRO FIRE Protective Clothing Fire 197827 743 LAMETTI&SONS Deposits Escrow 198459 738 HEUN ENTERPRISES,INC Liquor Den Road Liquor Store 198319 738 NILSSON,BETH Instructor Service Ice Show 197798 735 HENNEPIN COUNTY I/T DEPT Equipment Repair&Maint Public Safety Communications 198349 732 SEARS COMMERCIAL ONE Operating Supplies Police 197886 730 SPRI PRODUCTS INC Repair&Maint.Supplies Community Center Maintenance 198507 729 PETERBILT NORTH Equipment Parts Fleet Operating 198307 716 MIDWEST LOCK&SAFE Equipment Repair&Maint Public Safety Communications 198143 705 NCRAAO Conference Expense Assessing 198281 704 LAB SAFETY SUPPLY INC Supplies-General Bldg City Hall-CAM 198119 686 WORK CONNECTION,THE Other Contracted Services Park Maintenance 198394 686 WORK CONNECTION,THE Other Contracted Services Park Maintenance 198552 686 WORK CONNECTION,THE Other Contracted Services Park Maintenance 198453 684 HD SUPPLY WATERWORKS LTD Asphalt Overlay CIP Pavement Management 197811 683 JEFF MARTIN COMPANY Other Contracted Services Park Maintenance 197768 680 DANHAUSER,LINDSEY Tuition Reimbursement/School Organizational Services 197755 673 CENTERPOINT ENERGY Gas Prairie View Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit Explanation 198126 672 COMMERCIAL STEAM TEAM Other Contracted Services Den Road Liquor Store 198441 667 EMERGENCY APPARATUS MAINTENANC Repair&Maint.Supplies Fire 197890 666 ST PAUL,CITY OF Patching Asphalt Street Maintenance 197930 655 3D SPECIALTIES Signs Traffic Signs 198475 655 KEEPERS Clothing&Uniforms Fire 197853 653 NORTHERN TOOL Operating Supplies Traffic Signals 197854 650 NRPA Dues&Subscriptions Parks Administration 198339 650 RAY,LEE Other Contracted Services Softball 198442 650 EXECUTIVE OCEAN Employee Award Internal Events 198202 644 BUCK,NATHAN Other Contracted Services Softball 197789 634 GRAPE BEGINNINGS Transportation Den Road Liquor Store 198094 631 STREICHERS Capital Under$10,000 Fleet Operating 197861 628 PEPSI COLA COMPANY Merchandise for Resale Concessions 198491 625 MIDWEST COCA COLA BOTTLING COM Misc Non-Taxable Prairie View Liquor Store 198071 624 RAY,LEE Other Contracted Services Softball 197940 618 ANCHOR PRINTING COMPANY Operating Supplies City Council 198445 617 FIRE SAFETY USA INC Capital Under$10,000 Capital Impr./Maint.Fund 198176 611 AIR LIQUIDE INDUSTRIAL U.S.LP Treatment Chemicals Water Treatment Plant 197792 608 GREENSIDE INC Contract Svcs-Asphalt/Concr. Den Bldg.-CAM 198026 607 JOHN HENRY FOSTER MINNESOTA IN Maintenance Contracts Water Treatment Plant 198471 605 JOHN DEERE LANDSCAPES/LESCO Operating Supplies Park Maintenance 198382 601 WATER CONSERVATION SERVICES IN OCS-Utility Locates Water System Maintenance 198340 600 RESCUE RESPONSE GEAR INC Small Tools Fire 198076 600 ROOT 0 MATIC Contract Svcs-Plumbing Public Works/Parks 198561 597 CDW GOVERNMENT INC. Computers Water Treatment Plant 198133 596 HEWLETT-PACKARD COMPANY Computers Water Treatment Plant 3827 585 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 197750 584 BROADWAY AWARDS Clothing&Uniforms Reserves 198186 582 ASPEN WASTE SYSTEMS INC. Waste Disposal Den Road Building 198478 572 KRISS PREMIUM PRODUCTS INC Supplies-HVAC City Hall-CAM 198304 569 MIDAS Equipment Repair&Maint Fleet Operating 198233 564 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance 198041 562 MASTER CRAFT LABELS INC Capital Under$10,000 CIP-Bonds 197850 560 NEW WORLD SYSTEMS Other Assets CIP-Bonds 198497 556 MN STATE BOARD OF ASSESSORS Licenses&Taxes Assessing 198363 553 TESSMAN SEED CO Chemicals Park Maintenance 197983 550 FANFARE PROMOTIONS INC Clothing&Uniforms Inspections-Administration 198038 545 MAECK,TOM Other Contracted Services Community Band 197898 543 THE OASIS GROUP Employee Assistance Organizational Services 197988 542 GE CAPITAL Other Rentals Customer Service 198177 542 AL'S COFFEE Merchandise for Resale Concessions 198011 542 HOPPECKE BATTERIES INC Cleaning Supplies City Hall-CAM 198242 540 GOVDELIVERY Software Maintenance IT Operating 198191 539 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Operating 198251 535 HENNEPIN COUNTY I/T DEPT Equipment Repair&Maint Public Safety Communications 198513 534 PROP United Way Withheld General Fund 198439 530 EDEN PRAIRIE WINLECTRIC Equipment Repair&Maint Traffic Signals 198279 529 KRAMER,TRENT C Other Contracted Services Softball 197906 525 ULI-THE URBAN LAND INSTITUTE Dues&Subscriptions Community Development Admin. Check# Amount Vendor/Explanation Account Description Business Unit Explanation 198196 525 BLOOMINGTON,CITY OF Kennel Services Animal Control 198019 520 IND SCHOOL DIST 272 Gym Rental Volleyball 198084 515 SHELTON,ASHLEIGH Accounts Receivable Community Center Admin 198417 513 ANDOVER COLLISION CENTER INC Insurance Property Insurance 198306 513 MIDWEST COCA COLA BOTTLING COM Misc Non-Taxable Den Road Liquor Store 198583 509 WILSON,JOHN D. Clothing&Uniforms Police 198486 505 MCQUAY INTERNATIONAL Contract Svcs-HVAC City Hall-CAM 198164 505 PETTY CASH-POLICE DEPT Operating Supplies Police 198425 503 BOUNDLESS NETWORK Clothing&Uniforms Community Center Admin 197928 500 METROPOLITAN COUNCIL Licenses,Permits,Taxes Trails Referendum 198008 500 HIGH 48S LLP,THE Other Contracted Services Riley-Jacques Barn 198287 500 MAECK,TOM Other Contracted Services Summer Theatre 198564 500 DAKOTA COUNTY SHERIFFS DEPT Deposits Escrow 198578 500 RICHARD ALAN PRODUCTIONS Other Contracted Services Riley-Jacques Barn 198346 500 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating 198181 487 AMERITRAK Other Contracted Services Snow&Ice Control 197993 483 GRAMPRE,DAVID A Other Contracted Services Softball 198569 483 GRAMPRE,DAVID A Other Contracted Services Softball 198185 481 ASPEN CARPET CLEANING Contract Svcs-General Bldg Police City Center 197751 476 BROCK WHITE COMPANY LLC Improvement Contracts Capital Impr./Maint.Fund 197723 465 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 198207 464 CERIDIAN Ceridian IT Operating 197773 464 EDEN PRAIRIE NOON ROTARY CLUB Miscellaneous Police 197959 460 BUCK,NATHAN Other Contracted Services Softball 198362 460 TACKMIER,KARIE Other Contracted Services Volleyball 197725 452 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 197942 448 ASPEN EQUIPMENT CO. Equipment Parts Fleet Operating 198500 447 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 197844 447 MINNESOTA TWINS Special Event Fees Trips 197873 446 RAY,LEE Other Contracted Services Softball 198237 440 GE CAPITAL Other Rentals Customer Service 197961 439 CATCO PARTS SERVICE Equipment Repair&Maint Fleet Operating 197804 437 HOLMES,TOM Other Contracted Services Softball 198399 437 ZAHN,GERALD Other Contracted Services Volleyball 198189 435 BANK BEER CO Beer Den Road Liquor Store 198132 435 GRAPE BEGINNINGS Transportation Den Road Liquor Store 197784 434 GE CAPITAL Other Rentals Customer Service 198407 434 HENNEPIN COUNTY I/T DEPT Software Maintenance IT Operating 198087 432 SICK,ERIKA Accounts Receivable Community Center Admin 198091 432 SPORTS UNLIMITED Instructor Service CC-Camps 198443 422 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store 198238 421 GETTMAN COMPANY Misc Taxable Prairie View Liquor Store 198430 420 CAT&FIDDLE BEVERAGE Wine Domestic Prairie Village Liquor Store 198080 417 SCHERER BROTHERS LUMBER CO Building Materials Street Maintenance 198092 415 STAPLES ADVANTAGE Office Supplies Customer Service 197995 414 GREATAMERICA LEASING CORP. Postage Customer Service 198090 414 SNEEN,NICOLE D Other Contracted Services Softball 198054 409 MORGAN CREEK VINEYARDS Wine Domestic Prairie View Liquor Store 198437 404 DISPLAY SALES Supplies-General Building City Center Operations Check# Amount Vendor/Explanation Account Description Business Unit Explanation 197949 403 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 198493 402 MIRACLE RECREATION EQUIPMENT C Repair&Maint.Supplies Riley Lake 197986 400 FORS,ERICA Other Contracted Services Summer Theatre 198519 400 RICHFIELD BUS COMPANY Supply-Sr Awareness Senior Board 198268 398 J H LARSON COMPANY Equipment Repair&Maint Park Maintenance 198063 396 POWER PROCESS EQUIPMENT INC Small Tools Water Wells 198089 394 SNAP-ON TOOLS Small Tools Fleet Operating 198135 393 JACO,LLC Misc Taxable Den Road Liquor Store 198016 392 IND SCHOOL DIST 272 Gym Rental Basketball 198256 391 HOLMES,TOM Other Contracted Services Softball 197820 390 KEEPERS Clothing&Uniforms Police 197989 389 GENERAL GROWTH PROPERTIES LP-E Building Rental Housing and Community Service 198198 385 BOUNDLESS NETWORK Operating Supplies Birthday Parties 198300 385 METRO ATHLETIC SUPPLY Operating Supplies Park Maintenance 198485 381 MACQUEEN EQUIPMENT INC Equipment Repair&Maint Sewer System Maintenance 197829 375 LEROY JOB TRUCKING INC Other Contracted Services Animal Control 197847 375 MN CIT OFFICERS ASSOCIATION Tuition Reimbursement/School Police 197808 370 ITASCA GREENHOUSE INC Landscape Materials/Supp Reforestation 198484 360 M.AMUNDSON LLP Operating Supplies Prairie View Liquor Store 198265 359 INFRATECH Repair&Maint.Supplies Sewer System Maintenance 197748 357 BOURGET IMPORTS Transportation Prairie View Liquor Store 197960 353 CARGO PROTECTORS INC Equipment Parts Sewer Liftstation 198250 352 HEALTH ACTIVATION SERVICES PLC Employment Support Test Organizational Services 197839 351 MIDWEST COCA COLA BOTTLING COM Misc Non-Taxable Prairie Village Liquor Store 197776 350 EMPLOYER HEALTH SERVICES LLC Employment Support Test Organizational Services 198072 349 REED BUSINESS INFORMATION Legal Notices Publishing Improvement Projects 2006 198280 349 KRISS PREMIUM PRODUCTS INC Supplies-HVAC City Hall-CAM 198228 349 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store 198051 345 MINNESOTA REVENUE Licenses,Permits,Taxes Water Wells 198464 345 IEDC Dues&Subscriptions Economic Development 197837 342 METRO ATHLETIC SUPPLY Operating Supplies Park Maintenance 198140 338 LIFT BRIDGE BREWERY Beer Prairie View Liquor Store 198127 333 DANIMAL DISTRIBUTING INC Beer Den Road Liquor Store 198537 332 TRI COUNTY BEVERAGE&SUPPLY Beer Prairie View Liquor Store 197731 329 AMERIPRIDE LINEN&APPAREL SER Janitor Service Prairie Village Liquor Store 198393 328 WITT,BETH Mileage&Parking Aquatics&Fitness Admin 198361 328 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 198460 328 HOBART Contract Svcs-Garden Romm Garden Room Repairs 198170 327 A-SCAPE INC Contract Svcs-Lawn Maint. Den Bldg.-CAM 197944 325 ASSOCIATED WELL DRILLERS INC Other Contracted Services Park Maintenance 198580 325 TREES INC Contract Svcs-Lawn Maint Den Road Building 197973 325 DELEGARD TOOL CO Equipment Parts Fleet Operating 198234 322 FOSTER,KATHERINE Other Contracted Services Volleyball 198377 321 VANCE BROTHERS INC Patching Asphalt Street Maintenance 197871 320 QWEST Telephone IT Telephone 197932 320 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 198468 319 J&R RADIATOR CORP Equipment Parts Fleet Operating 197744 319 BERNICK'S WINE Wine Domestic Prairie View Liquor Store 198367 318 THYSSENKRUPP ELEVATOR CORPORAT Contract Svcs-Elevator City Hall-CAM Check# Amount Vendor/Explanation Account Description Business Unit Explanation 198535 318 THYSSENKRUPP ELEVATOR CORPORAT Contract Svcs-Elevator City Hall-CAM 197747 318 BOUNDLESS NETWORK Recreation Supplies Day Care 197805 313 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance 198499 311 MT GLOBAL LLC Transportation Prairie View Liquor Store 197727 310 AL'S COFFEE Merchandise for Resale Concessions 198529 309 STERICYCLE INC Supplies-General Bldg Community Center Maintenance 198501 309 NEW FRANCE WINE COMPANY Transportation Den Road Liquor Store 197780 306 FERRELLGAS Motor Fuels Fleet Operating 198294 303 MCQUAY INTERNATIONAL Contract Svcs-HVAC City Hall-CAM 198262 302 ND SCHOOL DIST 272 Gym Rental Volleyball 197931 300 3RD LAIR Instructor Service Camps 198452 299 HARRIGAN,JOHN W Land Held for Resale Economic Development Fund 198522 299 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie View Liquor Store 198277 298 KEEPERS Other Contracted Services Police 198028 295 KAISER,DAVID S Capital Under$10,000 Community Center Maintenance 197760 293 CONSTRUCTION MATERIALS INC Repair&Maint.Supplies Storm Drainage 198033 291 KUSSMAUL ELECTRONICS CO INC Equipment Parts Fleet Operating 197948 289 BARR ENGINEERING COMPANY Other Contracted Services Storm Drainage 198131 285 GERTENS Chemicals Park Maintenance 197967 278 CLAEYS,JESSICA R Tuition Reimbursement/School Police 197957 278 BOYER TRUCKS Equipment Parts Fleet Operating 197956 277 BOUND TREE MEDICAL LLC EMS Supplies Fire 198223 276 ELIASON,STEVE J Other Contracted Services Softball 197843 275 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 198169 274 2ND WIND EXERCISE Equipment Repair&Maint Fitness Center 198544 274 WHEELER LUMBER LLC Building Materials Miller Park 197729 273 ALTERNATIVE BUSINESS FURNITURE Capital Under$10,000 Furniture 198539 272 UNITED WAY United Way Withheld General Fund 198283 270 LEROY JOB TRUCKING INC Other Contracted Services Animal Control 197821 269 KIDS TEAM TENNIS LLC Instructor Service CC-Tennis 198222 265 ELECTRONIC INSTALLATIONS INC Repair&Maint.Supplies Fire 197902 263 TOTAL DISPLAYS Equipment Repair&Maint Police 198295 260 MEADOW GREEN LAWNS INC Other Contracted Services Storm Drainage 198174 260 ABRASIVE TECHNOLOGIES INC Improvement Contracts Capital Impr./Maint.Fund 197979 259 EDEN PRAIRIE ROTARY CLUB Miscellaneous Administration 197753 258 CANNON RIVER WINERY Wine Domestic Den Road Liquor Store 197984 256 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police 197968 255 CLAREYS INC Safety Supplies Fleet Operating 198565 253 DESAULNIERS,DAN Other Contracted Services Softball 198419 252 BARLI,ROBERT Tuition Reimbursement/School Police 198113 252 WHEELER HARDWARE COMPANY Building Repair&Maint. Utility Operations-General 198291 251 MATTS AUTO SERVICE INC Equipment Repair&Maint Fleet Operating 198035 251 LANZI,BOB Mileage&Parking Ice Arena 197881 249 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie View Liquor Store 197977 249 ECM PUBLISHERS INC Advertising Prairie Village Liquor Store 198372 249 UNIFORMS UNLIMITED Clothing&Uniforms Police 198154 247 STREICHERS Training Supplies Police 198101 246 TWIN CITY SEED CO Landscape Materials/Supp Park Maintenance 198180 243 AMERIPRIDE LINEN&APPAREL SER Clothing&Uniforms Prairie Village Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit Explanation 198284 243 LEXISNEXIS Other Contracted Services Police 198455 241 HEALTH ACTIVATION SERVICES PLC Health&Fitness Fire 198290 240 MASIMO AMERICAS INC Safety Supplies Fire 197781 240 FIRE DEPARTMENT TRAINING NETWO Dues&Subscriptions Fire 198463 231 IDENTIX INCORPORATED Operating Supplies Police 197947 230 BARNES,BELINDA A. Other Contracted Services Volleyball 198469 229 JACO,LLC Misc Taxable Den Road Liquor Store 198375 227 VALLEY NAT'L GASES-LOC 93 Equipment Parts Fleet Operating 198048 227 MINNESOTA CONWAY Equipment Repair&Maint Fire 198012 226 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance 198426 225 BRO-TEX INC Lubricants&Additives Fleet Operating 198418 225 BANK BEER CO Beer Prairie View Liquor Store 198313 225 MINNESOTA WANNER COMPANY Equipment Repair&Maint Park Maintenance 197764 222 CUB FOODS EDEN PRAIRIE Office Supplies Emergency Preparedness 197730 218 AMERICAN RED CROSS Licenses,Permits,Fees Pool Lessons 197852 218 NOKOMIS SHOE SHOP Clothing&Uniforms General Community Center 198360 216 STREICHERS Clothing&Uniforms Police 198104 215 VACK,JEAN Accounts Receivable Community Center Admin 198120 214 WORM,SANDY Landscape Materials/Supp Staring Lake 198325 211 OUTDOORS AGAIN INC Other Contracted Services Pleasant Hill Cemetery 198536 211 TRACER ELECTRONICS LLC Equipment Repair&Maint Water System Maintenance 197939 209 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 197966 209 CHRYST,BARBARA Accounts Receivable Community Center Admin 197856 208 O'REILLY AUTOMOTIVE INC Equipment Parts Fleet Operating 197774 207 ELIASON,STEVE J Other Contracted Services Softball 198064 206 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical City Center Operations 198444 205 FINLEY BROS INC Repair&Maint.Supplies Sterling Field 197793 203 HALDEMANN HOMME INC Cleaning Supplies-Gen Bldg Community Center Maintenance 198263 202 IND SCHOOL DIST 272 Building Rental Community Band 198324 200 OUTDOOR ENVIRONMENTS INC Other Contracted Services Park Maintenance 197883 200 SIMACEK,JOHN R Other Contracted Services Arts in the Park 198378 200 VICENTE,LORELEI Accounts Receivable Community Center Admin 198489 200 METROPOLITAN FORD Equipment Parts Fleet Operating 198217 198 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General Facilities 198545 197 WHITE,NICOLE Mileage&Parking Therapeutic Rec Administration 198434 196 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 198560 196 BLOOMINGTON SECURITY SOLUTIONS Building Repair&Maint. Water Wells 197810 196 JACO,LLC Misc Taxable Den Road Liquor Store 198068 193 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 198577 191 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 198157 190 TRI COUNTY BEVERAGE&SUPPLY Misc Non-Taxable Prairie View Liquor Store 197907 190 UNIFORMS UNLIMITED Clothing&Uniforms Police 198278 189 KRAEMERS HARDWARE INC Supplies-General Bldg Community Center Maintenance 198326 189 OVEN HEARTH WHOLESALE BAKERY Merchandise for Resale Concessions 198208 188 CHOICE INC Other Contracted Services Prairie Village Liquor Store 197834 187 MATTS AUTO SERVICE INC Equipment Repair&Maint Fleet Operating 198406 185 HENNEPIN CO TAXPAYER SERVICES Software Maintenance IT Operating 198002 184 HEALY,STEPHEN Other Contracted Services Touch Football 198004 184 HENNEPIN COUNTY PUBLIC RECORDS Other Contracted Services Engineering Check# Amount Vendor/Explanation Account Description Business Unit Explanation 198570 184 HEALY,STEPHEN Other Contracted Services Softball 198299 184 MENARDS Repair&Maint.Supplies Water Treatment Plant 197867 183 PRAIRIE LAWN AND GARDEN Equipment Repair&Maint Water System Maintenance 197761 182 CORVAL CONSTRUCTORS INC Repair&Maint-Ice Rink Ice Arena Maintenance 197891 181 STAPLES ADVANTAGE Office Supplies Customer Service 198240 180 GOOD,JAMIE Other Assets CIP-Bonds 198321 178 NUCO2 INC Supplies-Pool Pool Maintenance 198272 177 JOHN DEERE LANDSCAPES/LESCO Repair&Maint.Supplies Park Maintenance 198254 175 HOBART Contract Svcs-Garden Romm Garden Room Repairs 198235 175 G&K SERVICES-MPLS INDUSTRIAL Other Rentals Park Maintenance 198370 175 TROPICANA CHILLED DSD Merchandise for Resale Concessions 198112 173 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 198141 173 M.AMUNDSON LLP Misc Taxable Prairie View Liquor Store 197924 172 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 198102 172 UNIFORMS UNLIMITED Clothing&Uniforms Police 198332 171 PRAIRIE LAWN AND GARDEN Small Tools Storm Drainage 197933 170 A TO Z RENTAL CENTER Operating Supplies Wine Club 198297 170 MEDTOX Employment Support Test Organizational Services 197976 169 EARL F ANDERSEN INC Signs Traffic Signs 198172 168 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 198182 166 ANDERBERG INNOVATIVE PRINT SOL Printing Police 197824 165 KRAEMERS HARDWARE INC Supplies-General Building City Center Operations 197807 165 INNOVATIVE GRAPHICS Clothing&Uniforms Reserves 197872 165 RAY ALLEN MANUFACTURING CO INC Canine Supplies Police 197941 161 ANDREWS,TERRY S Other Contracted Services Softball 198348 160 SCRAP METAL PROCESSORS INC Waste Disposal Fleet Operating 198105 159 VALLEY NAT'L GASES-LOC 93 Contract Svcs-Plumbing General Community Center 198582 159 WEEDMAN,NICOLE Mileage&Parking Youth Programs Administration 197936 158 ADVANCED SUPPLY Tires Fleet Operating 198316 158 MOTOROLA Equipment Repair&Maint Public Safety Communications 197946 157 AUTO ELECTRIC SPECIALISTS Equipment Repair&Maint Fleet Operating 197927 155 LAURENCE,JUDI Conference Expense Fire 198374 155 USTA Dues&Subscriptions Tennis 198003 153 HEART&HOME BUILDERS LLC Building Permits General Fund 198540 152 UNLIMITED SUPPLIES INC Equipment Parts Fleet Operating 197741 152 BEN MEADOWS Postage Water Treatment Plant 198383 150 WEIDENFELLER,GIN Instructor Service Arts Center 198264 149 INDUSTRIAL AND RESIDENTIAL LIG Equipment Parts Water Wells 198021 147 ITS A KEEPER Employee Award Internal Events 198183 145 ANDREWS,TERRY S Other Contracted Services Softball 197765 144 CUSTOM REFRIGERATION INC Equipment Repair&Maint Concessions 198538 144 UNIFORMS UNLIMITED Clothing&Uniforms Police 198017 144 ND SCHOOL DIST 272 Gym Rental Basketball 198496 144 MN NCPERS GROUP LIFE INSURANCE PERA Health and Benefits 198531 143 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 198168 143 US POSTMASTER Postage Senior Center Administration 198044 143 METROPOLITAN FORD Equipment Parts Fleet Operating 197958 140 BROADWATER,JERALD W Accounts Receivable Community Center Admin 197840 140 MINNEAPOLIS COMM&TECH COLLEG Tuition Reimbursement/School Police Check# Amount Vendor/Explanation Account Description Business Unit Explanation 198440 140 EICHMAN,NATHAN Tuition Reimbursement/School Police 198556 140 ACTION PLUS SPORTSWEAR Operating Supplies Girls on the Run 198214 139 DALE GREEN COMPANY,THE Landscape Materials/Supp Park Maintenance 198156 139 THORPE DISTRIBUTING Beer Den Road Liquor Store 197888 139 SPS COMPANIES Equipment Repair&Maint Park Maintenance 198571 138 HERRIG,JEFF Other Contracted Services Softball 198420 137 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Operating 198381 136 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 198218 136 DIETZ,EUGENE Dues&Subscriptions Engineering 198308 134 MINNESOTA CITY/COUNTY MANAGEME Dues&Subscriptions Administration 197728 133 ALEX AIR APPARATUS INC Repair&Maint.Supplies Fire 198036 131 LIBERTY TIRE RECYCLING-MN Waste Disposal Fleet Operating 198415 128 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Den Bldg.-CAM 197738 128 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Operating 198322 127 OLSEN'S EMBROIDERY/COMPANY Clothing&Uniforms Senior Board 198286 126 M.AMUNDSON LLP Misc Taxable Den Road Liquor Store 198495 125 MN MAINTENANCE EQUIPMENT INC Equipment Repair&Maint Park Maintenance 198230 125 FERRELLGAS Motor Fuels Fleet Operating 197913 125 VANDENBERGHE,MARK Travel Expense Fire 197779 125 FENRICK,PATRICIA Mileage&Parking Housing and Community Service 198347 123 SCHARBER&SONS Equipment Parts Fleet Operating 197828 121 LANDS END CORPORATE SALES Clothing&Uniforms Police 198354 120 SQUARE CUT Other Contracted Services Senior Center Administration 197865 119 POWER PROCESS EQUIPMENT INC Small Tools Water Treatment Plant 198335 119 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 198338 117 QWEST Telephone IT Telephone 198029 117 KEEPERS Clothing&Uniforms Fire 198269 117 JACO,LLC Misc Taxable Den Road Liquor Store 197925 117 FRANKLIN,WOODROW G Operating Supplies Reserves 198376 115 VAN PAPER COMPANY Cleaning Supplies Park Shelters 198020 114 INDUSTRIAL FLOOR MAINTENANCE I Equipment Parts Fleet Operating 197935 112 AAA LAMBERTS LANDSCAPE PRODUCT Repair&Maint.Supplies Water System Maintenance 198482 111 LAMETTRYS COLLISION Insurance Property Insurance 197866 110 PRAIRIE ELECTRIC COMPANY Contract Svcs-HVAC City Hall-CAM 198083 109 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie View Liquor Store 198333 108 PRINTERS SERVICE INC Repair&Maint-Ice Rink Ice Arena Maintenance 198350 106 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie View Liquor Store 198562 105 CONLEY,JOYCE Operating Supplies Senior Center Administration 198055 104 OLSEN COMPANIES Small Tools Street Maintenance 198555 103 ZEE MEDICAL SERVICE Safety Supplies Community Center Admin 198153 101 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie Village Liquor Store 198365 101 THERMAL TECHNOLOGIES INC Contract Svcs-HVAC City Hall-CAM 198175 101 ADELMANN,CHARLES Tuition Reimbursement/School Water Treatment Plant 197783 100 FRAZIER,GARRY Deposits Community Center Admin 197950 100 BECKER,BOB Refunds Storm Drainage 198231 100 FIRE MARSHAL ASSN OF MINNESOTA Tuition Reimbursement/School Fire 198082 99 SETTER,NORMAN Refunds Storm Drainage 198428 99 BURNS,JOE Refunds Storm Drainage 198142 98 METRO SALES INCORPORATED* Software and Hardware IT Operating Check# Amount Vendor/Explanation Account Description Business Unit Explanation 198039 95 MAGANTI,RAVI Refunds Storm Drainage 198037 95 LOCATORS&SUPPLIES INC Operating Supplies Traffic Signs 197838 94 METRO FIRE Operating Supplies Fire 197801 92 HENRY,PAUL Other Contracted Services Volleyball 197841 92 MINNESOTA DEPT OF HEALTH Licenses&Taxes Water System Maintenance 198568 91 FEDEX Postage Human Resources 198546 90 WILSON,JOHN D. Training Supplies Police 198288 90 MAGC Awards Communications 198403 90 COMCAST Wireless Subscription IT Operating 197771 90 DIRECTV Cable TV Community Center Admin 198566 90 DIRECTV Cable TV Community Center Admin 198368 88 TOM'S WINDOW CLEANING Janitor Service-General Bldg Den Road Building 198298 88 MENARDS Building Repair&Maint. Utility Operations-General 198077 86 ROREM,ANN M Instructor Service Arts Center 3826 86 OPTUM HEALTH FINANCIAL SERVICE Other Contracted Services Health and Benefits 198192 86 BECKER ARENA PRODUCTS INC Repair&Maint-Ice Rink Ice Arena Maintenance 198030 86 KRAEMERS HARDWARE INC Supplies-General Bldg Community Center Maintenance 197721 85 10,000 LAKES CHAPTER OF ICC Tuition Reimbursement/School Fire 198040 83 MAHMUTOVIC,DZEVAD Mileage&Parking Community Center Admin 197945 82 AT&T MOBILITY Pager&Cell Phone Water System Maintenance 198410 82 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance IT Operating 197894 81 SUPERIOR STRIPING INC Contract Svcs-Asphalt/Concr. Fire Station#1 197772 81 EDEN INCENTIVES&PROMOTIONS Employee Award Internal Events 198058 80 PAUSTIS&SONS COMPANY Wine Imported Prairie View Liquor Store 198015 80 IND SCHOOL DIST 272 Building Rental Community Band 198212 79 CULLIGAN BOTTLED WATER Operating Supplies Fire 198487 79 MENARDS Cleaning Supplies Utility Operations-General 198514 76 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 197882 75 SIGHTLINE DISPLAYS,LLC Other Contracted Services Park Maintenance 198458 75 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning 198525 75 SPIRIT APPAREL&STUFF Operating Supplies Recreation Administration 198462 74 HORIBA HOBIN YVON INC Operating Supplies Police 198429 74 C L BENSON COMPANY INC Equipment Repair&Maint Traffic Signals 198001 74 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Park Maintenance 197855 73 NUCO2 INC Supplies-Pool Pool Maintenance 197878 72 ROCK,CYNTHIA Mileage&Parking Police 197835 70 MEATH-NELSON,WENDI Other Contracted Services Arts in the Park 197926 70 INTERNATIONAL FIRE PROTECTION Cash Over/Short General Fund 198006 69 HENRY,PAUL Other Contracted Services Volleyball 198098 69 TEMP,ALYSON Other Contracted Services Volleyball 198558 69 ANDREWS,TERRY S Other Contracted Services Softball 197952 69 BERGSTROM-DELEON,HANNAH Accounts Receivable Community Center Admin 197724 67 AAA LAMBERTS LANDSCAPE PRODUCT Landscape Materials/Supp Street Maintenance 198129 67 EXTREME BEVERAGE Misc Taxable Prairie Village Liquor Store 197786 65 GIRLS ON THE RUN INTERNATIONAL Operating Supplies Girls on the Run 198062 65 POMP'S TIRE SERVICE INC Tires Fleet Operating 198022 65 J H LARSON COMPANY Supplies-Electrical City Hall-CAM 198289 65 MALLO,JOHN E Equipment Repair&Maint Classes/Programs/Events 198575 65 LINMAN-STUNES,SAMANTHA Mileage&Parking Tree Disease Check# Amount Vendor/Explanation Account Description Business Unit Explanation 197877 64 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating 198302 64 METRO SALES INCORPORATED* Office Supplies Customer Service 198401 63 CAMPBELL KNUTSON,P.A. Legal WAFTA 198527 63 STANLEY SECURITY SOLUTIONS INC Supplies-Security Senior Center 197800 63 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning 198353 62 SPRINT Telephone Engineering 197851 60 NICHOLLS,JANE Deposits Community Center Admin 198093 59 STATE SUPPLY COMPANY Supplies-Plumbing City Hall-CAM 198296 58 MEDICINE LAKE TOURS Special Event Fees Trips 198114 58 WHEELER LUMBER LLC Landscape Materials/Supp Purgatory Creek Park 197848 57 MORGAN CREEK VINEYARDS Wine Domestic Den Road Liquor Store 198285 57 LINMAN-STUNES,SAMANTHA Mileage&Parking Tree Disease 198503 55 PAPIC,BILL Accounts Receivable Community Center Admin 198334 54 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Operating 197846 54 MINNESOTA WANNER COMPANY Equipment Repair&Maint Park Maintenance 198359 53 STEINER,SHARON Supply-Sr Awareness Senior Board 197822 53 KOCOUREK,JOAN Clothing&Uniforms Police 3825 52 OPTUM HEALTH FINANCIAL SERVICE Other Contracted Services Health and Benefits 198070 52 QUICKSILVER EXPRESS COURIER Operating Supplies Planning 198315 51 MN MAINTENANCE EQUIPMENT INC Equipment Repair&Maint Park Maintenance 198220 50 DMX MUSIC Other Contracted Services Prairie Village Liquor Store 198303 50 METROPOLITAN FORD Equipment Parts Fleet Operating 198573 48 JANEX INC Cleaning Supplies City Hall-CAM 198099 47 TESSMAN SEED CO Chemicals Park Maintenance 197733 46 ANDREWS,TERRY S Other Contracted Services Softball 198447 45 GINA MAMAS INC Operating Supplies Reserves 197982 45 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 198433 45 COMCAST Dues&Subscriptions City Council 198107 45 VESSCO INC Equipment Parts Water Treatment Plant 198502 44 PAPER DIRECT INC Office Supplies Customer Service 197971 43 DAHL.,ELAINE Accounts Receivable Community Center Admin 198095 43 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 197742 40 BENDER,JOHN&BARBARA Deposits Community Center Admin 197802 40 HODGDON,DONALD&PAT Deposits Community Center Admin 197832 40 MARTINEZ,LUIS&MEGAN Deposits Community Center Admin 198165 40 RICHFIELD,CITY OF Autos Fire 197778 38 FASTENAL COMPANY Equipment Parts Fleet Operating 198013 38 IND SCHOOL DIST 272 Operating Supplies Police 198435 37 DALCO Janitor Service Public Works/Parks 198520 37 RICHFIELD,CITY OF Licenses&Taxes Fleet Operating 198239 36 GJERVOLD,PHILLIP Training Supplies Police 198282 35 LANDS END CORPORATE SALES Clothing&Uniforms Police 197938 35 ALI,FARDOWSA Accounts Receivable Community Center Admin 197795 35 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Park Maintenance 198166 35 RICHFIELD,CITY OF Licenses&Taxes Fleet Operating 198267 34 ITS A KEEPER Employee Award Internal Events 197777 34 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store 198073 33 REILLY,PHILLIP Accounts Receivable Community Center Admin 3853 33 VANCO SERVICES Miscellaneous Community Center Admin Check# Amount Vendor/Explanation Account Description Business Unit Explanation 197868 33 PRIORITY COURIER EXPERTS Equipment Parts Fleet Operating 198005 33 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning 197726 32 ACTION FLEET INC Equipment Parts Fleet Operating 197876 32 RICHFIELD,CITY OF Licenses&Taxes Fleet Operating 198086 32 SHRED-IT Contract Svcs-Security Community Center Maintenance 198559 31 BEIMERT,DAN AR Utility Water Enterprise Fund 198524 31 SPECIALTY STORE SERVICES Operating Supplies Den Road Liquor Store 197981 31 ESCOBAR,ELVIA Accounts Receivable Community Center Admin 197909 31 UPS Equipment Repair&Maint Public Safety Communications 198373 30 UPS Postage Water System Maintenance 197951 30 BELLBOY CORPORATION Misc Non-Taxable Den Road Liquor Store 198512 30 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Operating 197998 29 HANSON,ED Accounts Receivable Community Center Admin 198079 29 SANTHOSH,BALU Accounts Receivable Community Center Admin 198167 29 RICHFIELD,CITY OF Licenses&Taxes Fleet Operating 198053 28 MINUTEMAN PRESS Operating Supplies Den Road Liquor Store 198149 28 PINNACLE DISTRIBUTING Misc Taxable Den Road Liquor Store 197962 26 CAWLEY COMPANY,THE Operating Supplies Concessions 198330 25 POWER PROCESS EQUIPMENT INC Small Tools Water Treatment Plant 198581 25 USPCA REGION 18 Tuition Reimbursement/School Police 198018 24 IND SCHOOL DIST 272 Other Rentals Theatre Initiative 198187 24 AT&T MOBILITY Pager&Cell Phone Park Maintenance 197892 23 STATE SUPPLY COMPANY Supplies-Plumbing City Hall-CAM 197842 23 MINNESOTA POLLUTION CONTROL AG Licenses&Taxes Sewer Utility-General 198049 23 MINNESOTA DEPT OF HEALTH Licenses&Taxes Water System Maintenance 198050 23 MINNESOTA POLLUTION CONTROL AG Licenses&Taxes Sewer Utility-General 198056 23 OLSEN'S EMBROIDERY/COMPANY Clothing&Uniforms Street Maintenance 198204 22 CDW GOVERNMENT INC. Other Hardware IT Operating 198521 21 SCHARBER&SONS Equipment Parts Fleet Operating 198579 21 RISLEY,SCOTT OR BONNIE AR Utility Water Enterprise Fund 197736 20 AULIZIA,NANCY Deposits Community Center Admin 197763 20 CRASWELL,RONALD Deposits Community Center Admin 197785 20 GERRISH,HARRY Deposits Community Center Admin 197806 20 HUDSON,TRISHA Deposits Community Center Admin 197818 20 JULLIE,ARLENE Deposits Community Center Admin 197823 20 KOTULA,JEFFREY Deposits Community Center Admin 197825 20 KRANTZ,DONALD Deposits Community Center Admin 197874 20 REEDSTROM,MARLIN Deposits Community Center Admin 197879 20 RYAN,JOHN Deposits Community Center Admin 197880 20 SHAH,JENY Deposits Community Center Admin 197885 20 SOUTHARD,MELISSA Deposits Community Center Admin 197896 20 SWARTOUT,MARIT Deposits Community Center Admin 197899 20 THEIS,PAUL Deposits Community Center Admin 197901 20 TITKOV,ELEONOR Deposits Community Center Admin 198075 20 RICHFIELD,CITY OF Autos Police 198125 20 BRASEL,JAMES Deposits Community Center Admin 198357 20 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 198477 18 KRAEMERS HARDWARE INC Supplies-General Bldg Community Center Maintenance 198014 16 ND SCHOOL DIST 272 Building Rental Summer Theatre Check# Amount Vendor/Explanation Account Description Business Unit Explanation 197905 16 TWIN CITIES MACK&VOLVO TRUCK Equipment Parts Fleet Operating 197908 15 UNLIMITED SUPPLIES INC Equipment Parts Fleet Operating 198110 15 WALKER,MARTHA Accounts Receivable Community Center Admin 198412 15 PALO COMPANIES INC Cash Over/Short General Fund 198343 15 RICHFIELD,CITY OF Licenses&Taxes Fleet Operating 198210 13 COMCAST Operating Supplies Fire 198342 11 RICHFIELD,CITY OF Licenses&Taxes Fleet Operating 198171 11 AAA LAMBERTS LANDSCAPE PRODUCT Landscape Materials/Supp Street Maintenance 197766 10 DAHL.,ELAINE Accounts Receivable Community Center Admin 197864 10 PICKERING,MARIE Accounts Receivable Community Center Admin 198130 10 FASTENAL COMPANY Operating Supplies Park Maintenance 198312 9 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Creek Woods 198078 8 ROUTH,BRUCE Accounts Receivable Community Center Admin 198081 8 SCHMIDT,THOMAS Accounts Receivable Community Center Admin 197857 6 OLSEN COMPANIES Equipment Parts Fleet Operating 198115 6 WILKINS,LIZ Accounts Receivable Community Center Admin 198010 3 HILOWIE,FADUMA Accounts Receivable Community Center Admin 198405 3 HDC DEVELOPMENT COMPANIES LLC Cash Over/Short General Fund 198476 3 KOCOUREK,JOAN Clothing&Uniforms Police 3,799,865 Grand Total City of Eden Prairie Purchasing Card Payment Report 4/20/2010 Payment Amount Explanation Vendor Account Description Business Unit 18 US-Pipe for Spraying Bar HOME DEPOT CREDIT SERVICES Repair&Maint. Supplies Park Maintenance 44 US-Grinder Repair Supplies SEARS EDEN PRAIRIE Repair&Maint. Supplies Park Maintenance 126 US-Shop/Maint.Supplies HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 30 US-Truck Repair Supplies HOME DEPOT CREDIT SERVICES Equipment Repair&Maint Sewer Liftstation 65 US-Fraud-Reimb Next State US BANK Deposits Escrow 110 US-Fraud-Reimb Next State US BANK Deposits Escrow 20 US-Fraud-Reimb Next State US BANK Deposits Escrow 90 US-Fraud-Reimb Next State US BANK Deposits Escrow 20 US-Fraud-Reimb Next State US BANK Deposits Escrow 10 US-Fraud-Reimb Next State US BANK Deposits Escrow 20 US-Fraud-Reimb Next State US BANK Deposits Escrow 150 US-Empl.Award-Fred Ziebol BEST BUY Employee Award Internal Events 150 US-Empl.Award-Rod Rud BEST BUY Employee Award Internal Events 170 US-Red Hat P.J.Party Food ANNIE'S CAFE Special Event Fees Red Hat 8 US-Red Hat P.J.Party Juice RAINBOW FOODS INC. Special Event Fees Red Hat 1 US-Senior Center Movie REDBOX DVD Operating Supplies Classes/Programs/Events 503 US-Woodshop Equipment LOWE'S Capital Under$2,000 Senior Board 12 US-Red Hat Ice Cream KWIK TRIP STORES Operating Supplies Red Hat 150 US-Empl.Award-J.Hobbs BEST BUY Employee Award Internal Events 175 US-Empl.Award-T.Tesch BEST BUY Employee Award Internal Events 100 US-ChurchBasement Ladies GREEN MILL Operating Supplies Classes/Programs/Events 222 US-ChurchBasement Ladies GREEN MILL Operating Supplies Classes/Programs/Events 175 US-Employee Award BEST BUY Employee Award Internal Events 364 US-Red Hat Trip W.A.FROST Operating Supplies Red Hat 34 US-Supplies and Pop WALMART COMMUNITY Clothing&Uniforms Senior Board 44 US-Staff Uniforms WALMART COMMUNITY Clothing&Uniforms Senior Board 17 US-Fire Dpt.Mulch Display HOME DEPOT CREDIT SERVICES Landscape Materials/Supp Park Maintenance 106 US-Paint for Picnic Tables SHERWIN WILLIAMS CO Operating Supplies Park Maintenance 35 US-Table Painting Supplies HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 22 US-Tennis/Bat.Cages Rope HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 64 US-Program Book Markers OFFICEMAX CREDIT PLAN Office Supplies Utility Operations-General 213 US-Hydrant Flush Supplies HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Water System Maintenance 25 US-Trailer Tie Downs NORTHERN TOOL&EQUIPMENT Equipment Parts Utility Operations-General 63 US-Tools for Truck HOME DEPOT CREDIT SERVICES Small Tools Sewer System Maintenance 69 US-Shop Supplies HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 240 US-SafetyTrain/Certification HIGHWAY TECHNOLOGIES Instructor Service Utility Operations-General 240 US-SafetyTrain/Certification HIGHWAY TECHNOLOGIES Instructor Service Utility Operations-General 64 US-Isolation Door Bags PLASTIC BAG MART Office Supplies Water System Maintenance 9 US-R.Lake Electrical Suppl. HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 250 US-Certif.-Forestry Tech. INTERNATIONAL SOCIETY OF ARBOR Tuition Reimbursement/School Tree Disease 580 US-Landscape Supplies PLANETGREENSPOT.COM Landscape Materials/Supp Reforestation 154 US-Focus Groups PANERA BREAD Operating Supplies Fire 26 US-Quarterly Meeting PANERA BREAD Operating Supplies Fire 209 US-Focus Groups PANERA BREAD Operating Supplies Fire 110 US-C2-Box Alarm Meeting PANERA BREAD Operating Supplies Fire Amount Explanation Vendor Account Description Business Unit 135 US-Recog.Gift-Tim Peltier AMAZON.COM Employee Award Internal Events 25 US-Recog.Gift-Tim Peltier AMAZON.COM Operating Supplies Fire 300 US-15 Fire Recertifications MINNESOTA FIRE SERVICE CERTIFI Employment Support Test Fire 235 US-IAAI Conf-Tony Liddell HOLIDAY INN Conference Expense Fire 235 US-IAAI Conf-Schaitberger HOLIDAY INN Conference Expense Fire 260 US-IAAI Conf-Scott Taylor HOLIDAY INN Conference Expense Fire 235 US-IAAI Conf-Hammerschm. HOLIDAY INN Conference Expense Fire 235 US-IAAi Conf-Allen Nelson HOLIDAY INN Conference Expense Fire 97 US-Flowers SODERBERGSFLORIST.COM Operating Supplies Fire -25 US-IAAI-Partial Refund HOLIDAY INN Conference Expense Fire 243 US-IAAI Motel-Tony Liddell HOLIDAY INN Travel Expense Fire 243 US-IAAI Motel-Scott Taylor HOLIDAY INN Travel Expense Fire 243 US-IAAI Motel-Schaitberger HOLIDAY INN Travel Expense Fire 5 US-Meeting CARIBOU COFFEE Operating Supplies Fire 64 US-R.Lake Tennis Ct.Paint HOME DEPOT CREDIT SERVICES Building Materials Round Lake 370 US-MobileForensic Software PARABEN CORPORATION Miscellaneous IT Operating 32 US-Lake Aerator Reels HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 197 US-Irrigation Tools SEARS EDEN PRAIRIE Small Tools Park Maintenance 49 US-Gloves/Spray Equipment HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 64 US-Fire Inspec.ShoeCovers LAB SAFETY SUPPLY INC Clothing&Uniforms Fire 162 US-IAAI-Motel-Hammerschm. HOLIDAY INN Conference Expense Fire 27 US-IAAI Lunch-3 Employees CHIPOTLE Conference Expense Fire 56 US-Plow Damamge Supplies HOME DEPOT CREDIT SERVICES Equipment Parts Snow&Ice Control 28 US-Plow Damamge Supplies HOME DEPOT CREDIT SERVICES Equipment Parts Snow&Ice Control 14 US-Plow Damamge Supplies HOME DEPOT CREDIT SERVICES Equipment Parts Snow&Ice Control 56 US-Locks-Edenvale/P.View HOME DEPOT CREDIT SERVICES Building Materials Park Maintenance 237 US-Locks-Edenvale/P.View HOME DEPOT CREDIT SERVICES Building Materials Park Maintenance 94 US-Cabinets-E-vale/P.View HOME DEPOT CREDIT SERVICES Building Materials Park Maintenance 53 US-Cabinets-E-vale/P.View HOME DEPOT CREDIT SERVICES Building Materials Park Maintenance 69 US-CabEVale/PView/Crestw HOME DEPOT CREDIT SERVICES Building Materials Park Maintenance 48 US-Round Lake Bang Brds HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 21 US-Cabinets-E-vale/P.View HOME DEPOT CREDIT SERVICES Building Materials Park Maintenance 499 US-EDAM Summer Confer. EDAM Conference Expense Community Development Admin. 174 US-Tennis Bang Boards HOME DEPOT CREDIT SERVICES Building Materials Park Maintenance 6 US-Tennis Supplies HOME DEPOT CREDIT SERVICES Building Materials Park Maintenance 40 US-Frosty Challenge Award SPORTS AUTHORITY Awards Organizational Services 249 US-Webinar for Employees CONFERENCE EDGE LLC Training Supplies Organizational Services 99 US-Health Care Webinar SOCIETY FOR HUMAN RESOURCE MAN Training Supplies Organizational Services 93 US-EP On Track Lunches DAVANNI'S PIZZA Training Supplies Organizational Services 100 US-Shipping Radios TOWNE AIR FREIGHT Operating Supplies Public Safety Communications 76 US-Box Alarm Mtg Lunch PANERA BREAD Operating Supplies Fire 40 US-UB Online Processing PAYPAL INC Bank and Service Charges Utility Operations-General 40 US-UB-Recurr.Credit Cards PAYPAL INC Bank and Service Charges Utility Operations-General 40 US-E-permit Web Security PAYPAL INC Equipment Repair&Maint IT Operating 1,152 US-Feb Bldg Surcharge PAYPAL INC Building Surcharge General Fund 519 US-Feb Bldg Surcharge PAYPAL INC Mechanical Surcharge General Fund 123 US-Feb Bldg Surcharge PAYPAL INC Plumbing Surcharge General Fund -36 US-Feb Bldg Surcharge PAYPAL INC Other Revenue General Fund 200 US-Subscription SURVEYMONKEY.COM Dues&Subscriptions Organizational Services Amount Explanation Vendor Account Description Business Unit 966 US-Skate Lesson Badges ICE SKATING INSTITUTE Operating Supplies Ice Arena 30 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 35 US-Food for Café RAINBOW FOODS INC. Merchandise for Resale Concessions 33 US-Food for Café RAINBOW FOODS INC. Merchandise for Resale Concessions 23 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 84 US-Food for Café RAINBOW FOODS INC. Merchandise for Resale Concessions 137 US-Vending for Resale SPORTS WORLD USA INC Merchandise for Resale Concessions 52 US-Food for Café RAINBOW FOODS INC. Merchandise for Resale Concessions 23 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 109 US-Food for Café RAINBOW FOODS INC. Merchandise for Resale Concessions 47 US-Food for Café CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 410 US-Ice Rink Signage DISPLAYS2GO Operating Supplies Ice Arena 23 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 25 US-Ice Show Endorsement ICE SKATING INSTITUTE Operating Supplies Ice Show 16 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 52 US-Shop Supplies FASTENAL COMPANY Repair&Maint.Supplies Storm Drainage 52 US-Shop Supplies HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Storm Drainage 30 US-Event Registration MINNESOTA CHAMBER OF COMMERCE Conference Expense Economic Development 145 US-Event Registration COLLABORATIVE,THE Conference Expense Economic Development 100 US-Subsc/Memb.Renewal ICSC Dues&Subscriptions Economic Development 199 US-Spring Conference MINNESOTA HIGH TECH ASSOCIATIO Conference Expense Economic Development 35 US-Event Registration URBAN LAND INSTITUTE Conference Expense Economic Development 287 US-169/494 Meeting Food SANTORINIS Other Contracted Services Economic Development 110 US-Award Fee IEDC Other Contracted Services Economic Development 321 US-Council Workshop Food? LEEANN CHIN Miscellaneous City Council -75 US-Regist.Cancellation COLLABORATIVE,THE Miscellaneous Administration 52 US-Sunshine Fund BACHMANS CREDIT DEPT Deposits Escrow 53 US-Sunshine Fund BACHMANS CREDIT DEPT Deposits Escrow 208 US-Council Workshop Food JIMMY JOHNS Miscellaneous City Council 145 US-Mergers&Acquisitions COLLABORATIVE,THE Miscellaneous Administration 59 US-Sunshine Fund FTD.COM Deposits Escrow 19 US-Commission Mtg Pkg. ARM OF MN Mileage&Parking Administration 19 US-Parking ARM OF MN Mileage&Parking Administration 53 US-Sunshine Fund BACHMANS CREDIT DEPT Deposits Escrow 50 US-Event Registration URBAN LAND INSTITUTE Miscellaneous Administration 5 US-Partnership Breakfast EDEN PRAIRIE SCHOOL Miscellaneous Administration 17 US-Parkiing ARM OF MN Mileage&Parking Administration 53 US-Sunshine Fund BACHMANS CREDIT DEPT Deposits Escrow 8 US-Blog TIGER TECHNOLOGIES Software IT Operating 93 US-TCALMC Annual Mtg TWIN CITY AREA LABOR MANAGEMEN Conference Expense Parks Administration 7 US-Fuel for Pumps EXXON Motor Fuels Storm Drainage 73 US-Air Hose GRAINGER Repair&Maint.Supplies Sewer System Maintenance 12 US-Shop Supplies GRAINGER Repair&Maint.Supplies Sewer System Maintenance 101 US-Brooms HOME DEPOT CREDIT SERVICES Operating Supplies Street Maintenance 124 US-Shop Supplies MENARDS Equipment Repair&Maint Traffic Signals 104 US-Market Ctr Clock Parts ALLIED ELECTRONICS INC Equipment Parts Water Storage 27 US-Loops Signals STORMS WELDING&MFG INC. Equipment Repair&Maint Traffic Signals 3 US-Parts for Brine Maker HOME DEPOT CREDIT SERVICES Operating Supplies Street Maintenance 7 US-Parts for Brine Maker HOME DEPOT CREDIT SERVICES Operating Supplies Street Maintenance Amount Explanation Vendor Account Description Business Unit 22 US-Patch Truck Propane HOLIDAY STATION STORES INC Operating Supplies Street Maintenance 22 US-MCFOA Annual Conf. RJ'S AMERICAN GRILL Conference Expense City Clerk 12 US-MCFOA Annual Conf. MEXICAN VILLAGE RESTAURANT Conference Expense City Clerk 287 US-MCFOA Annual Conf. BEST WESTERN KELLY INN,THE Conference Expense City Clerk 107 US-Conference-RandySlick HOLIDAY INN Conference Expense Storm Drainage 44 US-Electrical Reels Paint HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 16 US-Personal Use-Reimburs. US BANK Deposits Escrow 73 US-Equipment Shovels HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 150 US-Hose Replacement WACONIA FARM SUPPLY Equipment Repair&Maint Park Maintenance 189 US-Weed Control Equip. GERTENS Landscape Materials/Supp Park Maintenance 79 US-Sprinkler Repair Box HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 8 US-Mail Boxes HOME DEPOT CREDIT SERVICES Operating Supplies Street Maintenance 37 US-Tools for Truck#722 HOME DEPOT CREDIT SERVICES Small Tools Sewer System Maintenance 222 US-Clay for Pottery Class CONTINENTAL CLAY COMPANY Operating Supplies Arts Center 33 US-Clay for Pottery Class CONTINENTAL CLAY COMPANY Operating Supplies Arts Center 54 US-Ink for Printer OFFICEMAX CREDIT PLAN Operating Supplies Arts Center 100 US-Comm.Theater Website WEBS.COM Operating Supplies Winter Theatre 19 US-Print Finishing WHITE HOUSE CUSTOM COLOUR Operating Supplies Parks Administration 64 US-Office Photo Frames MICHAELS-THE ARTS&CRAFTS S Operating Supplies Parks Administration 15 US-Scripts-2011 Musical MUSIC THEATRE INTERNATIONAL Operating Supplies Summer Theatre 5 US-Planning Mtg Cookies KOWALSKI'S MARKET Operating Supplies International Festival 191 US-Play Care Supplies SPORTS SUPPLY GROUP INC. Operating Supplies Day Care 330 US-B'day Party Supplies DISCOUNT SCHOOL SUPPLY Operating Supplies Birthday Parties 159 US-B'day Party Supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Birthday Parties 88 US-Bunny Event Supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Special Events(CC) 30 US-Bunny Event Supplies SMILE MAKERS Operating Supplies Special Events(CC) 62 US-Play Care Supplies SMILE MAKERS Operating Supplies Day Care 37 US-B'day Party Supplies SMILE MAKERS Operating Supplies Birthday Parties 200 US-Membership Cards TRANSACT TECHNOLOGIES,INC. Office Supplies Community Center Admin 20 US-Bunny Event Treats RAINBOW FOODS INC. Operating Supplies Special Events(CC) 53 US-Bunny Event Supplies DOLLAR TREE STORES,INC. Operating Supplies Special Events(CC) 9 US-B'day Party Supplies DOLLAR TREE STORES,INC. Operating Supplies Birthday Parties 24 US-Bunny Event Treats WALGREEN'S#5080 Operating Supplies Special Events(CC) 49 US-Bunny Event Supplies TARGET CENTER Operating Supplies Special Events(CC) 10 US-Play Care Supplies TARGET CENTER Operating Supplies Day Care 22 US-Bunny Event Supplies WALMART COMMUNITY Operating Supplies Special Events(CC) 31 US-Tape for Building WALGREEN'S#5080 Office Supplies Community Center Admin 353 US-Sackcrete for Streets HOME DEPOT CREDIT SERVICES Operating Supplies Traffic Signs 38 US-Tie-down Straps HOME DEPOT CREDIT SERVICES Operating Supplies Street Maintenance 57 US-Stihl Filters SOUTHWEST OUTDOOR POWER Equipment Repair&Maint Park Maintenance 84 US-Crane Trip to Nebraska CUB FOODS EDEN PRAIRIE Program Trips Outdoor Center 76 US-Fuel for Crane Trip SHELDON Program Trips Outdoor Center 76 US-Fuel for Crane Trip SHELL OIL Program Trips Outdoor Center 75 US-Fuel for Crane Trip GAS'N SHOP Program Trips Outdoor Center 46 US-Fuel for Crane Trip TRAVEL CENTERS Program Trips Outdoor Center 74 US-Fuel for Crane Trip KBKS INVEST LLC QWEST Program Trips Outdoor Center 76 US-Fuel for Crane Trip SHELL OIL Program Trips Outdoor Center 66 US-Fuel for Crane Trip SHELL OIL Program Trips Outdoor Center 295 US-Crane Trip Motel HOLIDAY INNS EXPRESS Program Trips Outdoor Center Amount Explanation Vendor Account Description Business Unit 295 US-Crane Trip Motel HOLIDAY INNS EXPRESS Program Trips Outdoor Center 295 US-Crane Trip Motel HOLIDAY INNS EXPRESS Program Trips Outdoor Center 295 US-Crane Trip Motel HOLIDAY INNS EXPRESS Program Trips Outdoor Center 295 US-Crane Trip Motel HOLIDAY INNS EXPRESS Program Trips Outdoor Center 295 US-Crane Trip Motel HOLIDAY INNS EXPRESS Program Trips Outdoor Center 295 US-Crane Trip Motel HOLIDAY INNS EXPRESS Program Trips Outdoor Center 41 US-Benches HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 236 US-Shop Floor Jack SEARS EDEN PRAIRIE Small Tools Park Maintenance 324 US-Picnic Table Lumber HOME DEPOT CREDIT SERVICES Building Materials Park Maintenance 22 US-Tennis Net Rope HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 611 US-4 Chairs/Table-FireStat OFFICEFURNITURE.COM Capital Under$2,000 Furniture 913 US-One Dispatch Chair ERGOGENESIS Capital Under$2,000 Furniture 68 US-Kitchen Supplies WALMART COMMUNITY Office Supplies Utility Operations-General 95 US-Utility Conference GEOSPATIAL INFORMATON&TECHNO Conference Expense Utility Operations-General 99 US-Suppl/SympathyCards? OFFICEMAX CREDIT PLAN Office Supplies Utility Operations-General 8 US-Storage Bin TARGET Operating Supplies Youth Programs Administration 62 US-Bunny Event Supplies LAKESHORE LEARNING MATERIALS Operating Supplies Day Care 168 US-Spring Break Supplies WALMART COMMUNITY Operating Supplies CC-Special Events&Trips 44 US-Spring Break Supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies CC-Special Events&Trips 64 US-Spring Break Crafts ORIENTAL TRADING Operating Supplies CC-Special Events&Trips 10 US-Spring Break Snacks TARGET Operating Supplies CC-Special Events&Trips 21 US-DVD for All ProgramUse BEST BUY Operating Supplies Youth Programs Administration -5 US-Credit Discount on DVD BEST BUY Operating Supplies Youth Programs Administration 90 US-DOT Inspector Training DAKOTA COUNTY TECHNICAL COLLEG Conference Expense Engineering 60 US-ChannelAlumn-FireDept HOME DEPOT CREDIT SERVICES Equipment Parts Fleet Operating 66 US-Sat Night Out Program BRUNSWICK BOWLING LANES Special Event Fees Teen Programs 5 US-Around Town Program RAINBOW FOODS INC. Operating Supplies acAround Town 180 US-GOTR Snacks CUB FOODS EDEN PRAIRIE Operating Supplies Girls on the Run 996 US-Lifeguard Train.Books STAYWELL Operating Supplies Pool Lessons 2,363 US-Group Fitness Weights SCW FITNESS Operating Supplies Fitness Classes 25 US-Lesson Supplies KOWALSKI'S MARKET Operating Supplies Pool Lessons 189 US-Lollipops for Lessons CANDYWAREHOUSE.COM Operating Supplies Pool Lessons 189 US-Lollipops for Lessons CANDYWAREHOUSE.COM Operating Supplies Oak Point Lessons 52 US-Administration Supplies TARGET CENTER Operating Supplies Community Center Admin 64 US-Fitness Special Event TARGET CENTER Operating Supplies Fitness Center 112 US-Fitness Staff Meeting SUBWAY Operating Supplies Fitness Center 59 US-Binders for FitnessFloor OFFICE DEPOT CREDIT PLAN Operating Supplies Fitness Center 12 US-Binders for FitnessFloor OFFICE DEPOT CREDIT PLAN Operating Supplies Fitness Center 161 US-Wall Paintings-EPCC HOMEGOODS Operating Supplies Community Center Admin 359 US-Airfare-NewWorld Train. DELTA AIR Miscellaneous CIP-Bonds 359 US-Airfare-NewWorld Train. DELTA AIR Miscellaneous CIP-Bonds 40 US-Airfare Service Fee DELTA AIR Miscellaneous CIP-Bonds 844 US-Firearms Maint.Supplies BROWNELLS INC. Training Supplies Police 105 US-Motel-New World Train. COUNTRY INN&SUITES Miscellaneous CIP-Bonds 40 US-Career Fair MINNESOTA CORRECTIONS ASSOCIAT Tuition Reimbursement/School Police 3 US-Firearm Maint Stamp BROWNELLS INC. Training Supplies Police 19 US-Firearm Maint.Supplies BROWNELLS INC. Training Supplies Police 318 US-Phototshop Training SCIENCE MUSEUM OF MINNESOTA Tuition Reimbursement/School Police 22 US-Firearm Maint.Stamp BROWNELLS INC. Training Supplies Police Amount Explanation Vendor Account Description Business Unit 33 US-Firearm Maint TrueGrip PAYPAL INC Training Supplies Police 75 US-ATOM Train.-D.Becker ATOM Tuition Reimbursement/School Police 370 US-Atrium 2&3 Phones BIGESTOCK Operating Supplies IT Telephone 199 US-ActiveDirectory Software PAYPAL INC Software IT Operating 34 US-Police Antenna HEARTLAND SERVICES,INC Equipment Repair&Maint IT Operating 69 US-Webex Conference WEBEX.COM Computers IT Operating 75 US-GIS Conf-Adam Feidt GEOSPATIAL 1NFORMATON&TECHNO Conference Expense IT Operating 24 US-Outdoor Center Cable AMAZON.COM Other Contracted Services IT Telephone 479 US-Polycom-Collaborat.Rm METROLINEDIRECT.COM Other Contracted Services IT Telephone 20 US-Cable-Collaboration Rm AMAZON.COM Operating Supplies IT Telephone 17 US-Cable for Stock AMAZON.COM Operating Supplies IT Telephone 4 US-Coupler-Collaborat.Rm AMAZON.COM Operating Supplies IT Telephone 15 US-Personal Use-Reimburs. US BANK Deposits Escrow 8 US-Mtg with Girl Scouts CARIBOU COFFEE Miscellaneous City Council 4 US-Mtg with Scott Neal CARIBOU COFFEE Miscellaneous City Council 7 US-Shipping Boxes UPS STORE,THE Postage Water System Maintenance 4 US-Packaging Tape FEDEX Repair&Maint.Supplies Water System Maintenance 15 US-Shipping to Lab Safety FEDEX Postage Water System Maintenance 34,300 Report Total City of Eden Prairie Purchasing Card Payment Report 5/20/10 Payment Amount Explanation Vendor Account Description Business Unit 34 US-Tractor Front Box HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 29 US-Graffiti Removal Suppl. HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 17 US-Irrigation Box HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 22 US-Mowing Supplies HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 105 US-Bocci Ball Court Suppl. MENARDS Building Materials Park Maintenance 32 US-Flagging for Golf Nets PARTY CITY Operating Supplies Park Maintenance 187 US-Tie Downs for Mowing HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance -65 US-Fraud Reimbursement US BANK Deposits Escrow -110 US-Fraud Reimbursement US BANK Deposits Escrow -20 US-Fraud Reimbursement US BANK Deposits Escrow -90 US-Fraud Reimbursement US BANK Deposits Escrow -20 US-Fraud Reimbursement US BANK Deposits Escrow -10 US-Fraud Reimbursement US BANK Deposits Escrow -20 US-Fraud Reimbursement US BANK Deposits Escrow 273 US-Golf Classic Mugs GOOGLE Operating Supplies Classes/Programs/Events 273 US-Volunteer Recog.Mugs GOOGLE Operating Supplies Classes/Programs/Events 60 US-Nutrition Lunch N Learn RAINBOW FOODS INC. Operating Supplies Classes/Programs/Events 1 US-Senior Movie REDBOX DVD Operating Supplies Classes/Programs/Events 65 US-Volunteer Recog Treats THEMED ELEGANCE Operating Supplies Classes/Programs/Events 731 US-Employee Recog.Lunch BIAGGI'S RISTORANTE ITALIANO Miscellaneous Internal Events 6 US-Volunteer Recog Treats THEMED ELEGANCE Operating Supplies Classes/Programs/Events 673 US-Volunteer Recog Lunch ANNIE'S CAFE Operating Supplies Classes/Programs/Events 52 US-Sr.Awareness Supplies WALMART COMMUNITY Operating Supplies Classes/Programs/Events 12 US-Operating Supplies WALMART COMMUNITY Operating Supplies Senior Center Administration 1 US-Senior Movie REDBOX DVD Operating Supplies Classes/Programs/Events 62 US-Senior Lunch'N Learn RAINBOW FOODS INC. Operating Supplies Classes/Programs/Events 64 US-Diesel Motor Oil NAPA AUTO PARTS Lubricants&Additives Sewer System Maintenance 106 US-Mow.Trailer Tie-downs HOME DEPOT CREDIT SERVICES Repair&Maint. Supplies Water System Maintenance 7 US-Irrigation Hose Mender HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 38 US-Park Clean-up Supplies KRAEMERS HARDWARE INC Operating Supplies Park Maintenance 148 US-FBIW Tree Planting Proj MENARDS Landscape Materials/Supp Reforestation 76 US-FBIW Tree Planting Proj HOME DEPOT CREDIT SERVICES Landscape Materials/Supp Reforestation 94 US-FBIW Tree Planting Proj HOME DEPOT CREDIT SERVICES Landscape Materials/Supp Reforestation 24 US-Arbor Day Event RAINBOW FOODS INC. Operating Supplies Reforestation 150 US-Arbor Day Event LOTUS LAWN&GARDEN Landscape Materials/Supp Reforestation 50 US-Arbor Day Event BACHMANS CREDIT DEPT Landscape Materials/Supp Reforestation 50 US-Arbor Day Event BACHMANS CREDIT DEPT Landscape Materials/Supp Reforestation 61 US-PromotionReview Brd(7) JASON'S DELI Operating Supplies Fire 5 US-Luncheon Tip JASON'S DELI Operating Supplies Fire 181 US-Reimb-Used in Error US BANK Deposits Escrow 24 US-Car Repairs GRANITE CITY TIRE&AUTO Equipment Repair&Maint Police Amount Explanation Vendor Account Description Business Unit 70 US-Resurface Heads-#277 DANA'S AUTO MACHINE SERVICES Equipment Repair&Maint Fleet Operating 145 US-Play Structure Parts LANDSCAPE STRUCTURES Equipment Repair&Maint Park Maintenance 470 US-Recruiting Brochure CORBIS CORPORATION Printing Fire 36 US-Gas-Trip to Red Lake PETES PLACE Operating Supplies Fire 200 US-Memb.Dues-S.Durham AMERICAN PLANNING ASSOCIATION Dues&Subscriptions Planning 40 US-Memb.Dues-C.Millard HTCIA Tuition Reimbursement/School Police 48 US-Irrigation Supplies HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 17 US-Irrigation Supplies HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 31 US-Lumber HOME DEPOT CREDIT SERVICES Building Materials Street Maintenance 78 US-Retaining Ring Slakers SMALLEY STEEL RING COMPANY Equipment Parts Water Treatment Plant 605 US-Meters for Pumps PROCESS MEASUREMENT COMPANY Equipment Parts Water Treatment Plant 21 US-Softball Field Tie-Downs HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 149 US-Ball Field Benches HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 42 US-Light Pole Ratchets HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 35 US-EDAM Event ECONOMIC DEVELOPMEMNT ASSOCIAT Conference Expense Community Development Admin. 200 US-EDAM Summer Confer. ECONOMIC DEVELOPMEMNT ASSOCIAT Conference Expense Community Development Admin. 144 US-Belt Drive-#314 DIGGERS PRIOR LAKE POLARIS Equipment Repair&Maint Fleet Operating 229 US-Belt Drive/Brake Pad DIGGERS PRIOR LAKE POLARIS Equipment Repair&Maint Fleet Operating 22 US-Hardward and Paint HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 81 US-Hockey Rink Repair HOME DEPOT CREDIT SERVICES Building Materials Park Maintenance 67 US-Replace BrokenShovels HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 495 US-Safety Conf-W.Estenson MINNESOTA SAFETY COUNCIL Office Supplies Customer Service 151 US-Liq.Store Sign Frame MARKETING DISPLAYS INTERNATION Operating Supplies Prairie View Liquor Store 125 US-Police Dept Frames MARKETING DISPLAYS 1NTERNATION Printing Police 36 US-Calendar for Station#3 OFFICEMAX CREDIT PLAN Legal Fire 22 US-Gear Cleanning Bags TARGET Protective Clothing Fire 40 US-E-permit Web Security PAYPAL INC Equipment Repair&Maint IT Operating 40 US-UB Online Processing PAYPAL INC Bank and Service Charges Utility Operations-General 40 US-UB Recurr.Credit Cards PAYPAL INC Bank and Service Charges Utility Operations-General 3,492 US-March Bldg.Surcharge DEPT OF LABOR&INDUSTRY Building Surcharge General Fund 448 US-March Bldg.Surcharge DEPT OF LABOR&INDUSTRY Mechanical Surcharge General Fund 175 US-March Bldg.Surcharge DEPT OF LABOR&INDUSTRY Plumbing Surcharge General Fund -82 US-March Bldg.Surcharge DEPT OF LABOR&INDUSTRY Other Revenue General Fund 1,004 US-Marquee Brd/Markers NEXT DAY GOURMET Operating Supplies Concessions 24 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 39 US-Food for Café RAINBOW FOODS INC. Merchandise for Resale Concessions 24 US-Food for Café FRESH SEASONS MARKET Merchandise for Resale Concessions 24 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 24 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 108 US-Food for Café CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 3 US-Food for Café HOLIDAY STATION STORES INC Merchandise for Resale Concessions 33 US-Rink Guard Jackets HOUR GLASS CLEANERS Operating Supplies Ice Arena 22 US-Food for Café RAINBOW FOODS INC. Merchandise for Resale Concessions 27 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 19 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions Amount Explanation Vendor Account Description Business Unit -29 US-Return Refund-2/10 TARGET Operating Supplies Concessions 55 US-Food for Café CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 15 US-Food for Café RAINBOW FOODS INC. Merchandise for Resale Concessions 30 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 35 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 16 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 198 US-Food for Café RAINBOW FOODS INC. Merchandise for Resale Concessions 27 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 103 US-Food for Café RAINBOW FOODS INC. Merchandise for Resale Concessions 15 US-Ice Arena Mgrs Seminar PAYPAL INC Dues&Subscriptions Ice Arena 27 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 17 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 30 US-Food for Café RAINBOW FOODS INC. Merchandise for Resale Concessions 29 US-Ice Show Supplies PARTY CITY Operating Supplies Ice Show 22 US-Phone Charger VERIZON WIRELESS Equipment Parts Sewer System Maintenance 153 US-Real Estate Classes KAPLAN PROFESSIONAL SCHOOLS Other Contracted Services Economic Development 19 US-ULI Meeting-Parking GAVIIDAE COMMON RAMP Mileage&Parking Administration 39 US-Lunch with Phil Young BIAGGI'S RISTORANTE ITALIANO Miscellaneous Administration 20 US-Somali Culture Seminar EDEN PRAIRIE SCHOOL Miscellaneous Administration 12 US-Collaborative Event Pkg. CITY CENTER Mileage&Parking Administration 53 US-Sunshine Fund BACHMANS CREDIT DEPT Deposits Escrow 52 US-Sunshine Fund BACHMANS CREDIT DEPT Deposits Escrow 55 US-Sunshine Fund FTD.COM Deposits Escrow 53 US-Sunshine Fund BACHMANS CREDIT DEPT Deposits Escrow 169 US-Council Workshop Food MILIO'S SANDWICHES Miscellaneous City Council 53 US-Sunshine Fund BACHMANS CREDIT DEPT Deposits Escrow 53 US-Sunshine Fund BACHMANS CREDIT DEPT Deposits Escrow 58 US-Sunshine Fund FTD.COM Deposits Escrow 53 US-Sunshine Fund BACHMANS CREDIT DEPT Deposits Escrow 24 US-County Attorn Mtg Park. 501 SELF PARK INTERPARK Mileage&Parking Administration 49 US-Sunshine Fund BACHMANS CREDIT DEPT Deposits Escrow 8 US-Blog TIGER TECHNOLOGIES Software IT Operating 233 US-Council Workshop Food DAVANNI'S PIZZA Miscellaneous City Council 35 US-PartnershipBreakfast(7) EDEN PRAIRIE SCHOOL Conference Expense Recreation Administration 42 US-Live Well Supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Recreation Administration 32 US-Costume for 2011 Prog. PARTY CITY Operating Supplies Recreation Administration 183 US-Painting Supplies HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Infiltration/Inflow Study 52 US-Supplies-Signals Loops HOME DEPOT CREDIT SERVICES Operating Supplies Traffic Signals 86 US-Propane-Patch Truck HOLIDAY STATION STORES INC Motor Fuels Fleet Operating 26 US-Supplies-Signals Loops HOME DEPOT CREDIT SERVICES Operating Supplies Traffic Signals 161 US-Shop Tools MILWAUKEE ELECTRIC TOOL CORPOR Small Tools Traffic Signals 50 US-Printer Ink WALMART COMMUNITY Operating Supplies Traffic Signals 45 US-Boiler License-K.Horgan DEPARTMENT OF LABOR AND INDUST Licenses,Permits,Taxes Water Treatment Plant 45 US-Boiler License-B.Schultz DEPARTMENT OF LABOR AND INDUST Licenses,Permits,Taxes Water Treatment Plant 197 US-Water Conference SUPERIOR SHORES RESORT Travel Expense Water Treatment Plant Amount Explanation Vendor Account Description Business Unit 197 US-Water Conference SUPERIOR SHORES RESORT Travel Expense Water Treatment Plant 45 US-Boiler License-Peterson DEPARTMENT OF LABOR AND INDUST Licenses,Permits,Taxes Water Treatment Plant 185 US-Office Supplies OFFICE DEPOT CREDIT PLAN Office Supplies Water Treatment Plant 265 US-PermitFee-SingletreeLn HENNEPIN COUNTY PUBLIC WORKS-F Design&Engineering Improvement Projects 2006 179 US-Weather Station Suppl. PROVANTAGE Operating Supplies Storm Drainage 543 US-Weather Station Suppl. PROVANTAGE Operating Supplies Storm Drainage 30 US-Flower Fertilizer HOME DEPOT CREDIT SERVICES Chemicals Park Maintenance 67 US-EPCC Flower Pots HOME DEPOT CREDIT SERVICES Landscape Materials/Supp Park Maintenance 170 US-TileParts/WeedControl HOME DEPOT CREDIT SERVICES Landscape Materials/Supp Park Maintenance 47 US-Mower Maintenance MERLINS ACE HARDWARE Equipment Repair&Maint Park Maintenance 5 US-Hose Repair Supplies MENARDS Operating Supplies Park Maintenance 75 US-Uniform-R.Reynolds GALLS INC Clothing&Uniforms Police 35 US-Uniform-R.Reynolds GALLS INC Clothing&Uniforms Police 239 US-Concrete Crew Supplies MENARDS Repair&Maint. Supplies Storm Drainage 25 US-Concrete Crew Supplies MENARDS Repair&Maint. Supplies Storm Drainage 66 US-Used Card by Mistake TARGET Deposits Escrow -66 US-Reversed Use TARGET Deposits Escrow 66 US-Ink for Art Ctr Printer OFFICEMAX CREDIT PLAN Operating Supplies Arts Center 12 US-Poetry Reading Snacks RAINBOW FOODS INC. Operating Supplies Arts 112 US-WILS Luncheon GOOD EARTH Operating Supplies Arts Center 143 US-Pottery Studio Scale ULINE Operating Supplies Arts Center -11 US-Used Card by Mistake RAINBOW FOODS INC. Deposits Escrow 11 US-Reversed Use RAINBOW FOODS INC. Deposits Escrow 435 US-4 Photos Mounted JO-ANN FABRICS Operating Supplies Parks Administration 71 US-Afternoon with Bunny WALGREEN'S#5080 Operating Supplies Special Events(CC) 8 US-B'day Party Supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Birthday Parties 60 US-Play Care Supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Day Care 110 US-Play Care Supplies S&S WORLDWIDE Operating Supplies Day Care 100 US-B'day Party Supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Birthday Parties 34 US-Play Care Supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Day Care 215 US-Party Supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Birthday Parties 45 US-Batteries WALMART COMMUNITY Operating Supplies Fitness Classes 69 US-Play Care Supplies WALMART COMMUNITY Operating Supplies Day Care 51 US-Flowers for Sr.Entrance WALMART COMMUNITY Operating Supplies Community Center Admin 22 US-B'day Party Supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Birthday Parties 34 US-Front Plaza Flowers BACHMANS CREDIT DEPT Operating Supplies Community Center Admin 166 US-Hair Dryers AMBIENT WEATHER Operating Supplies Community Center Admin 9 US-Basketball for Playcare SPORTSONLINE.COM Recreation Supplies Day Care 130 US-Seminar-Dave Buswell MAAO Conference Expense Assessing 130 US-Seminar-Colin Schmidt MAAO Conference Expense Assessing 30 US-Sawzall Blades HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 12 US-Miller Tree Boxes HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 44 US-BWCA Permit Fee RECREATION.GOV Program Trips Outdoor Center 48 US-Bow Rake HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 60 US-Bricks HOME DEPOT CREDIT SERVICES Landscape Materials/Supp Park Maintenance Amount Explanation Vendor Account Description Business Unit 48 US-Fish Tape HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 1 US-Eye Bolt HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 19 US-Turntable SEARS EDEN PRAIRIE Repair&Maint. Supplies City Center Operations 210 US-Lighting Control Suppls. INTELLIGENT LIGHTING CONTROLS, Other Contracted Services Fire Station#4 104 US-String Wound Filters WATER FILTERS Other Contracted Services City Hall-CAM 13 US-Police Car Key Hangers HOME DEPOT CREDIT SERVICES Equipment Parts Fleet Operating 25 US-Fuel GIS Conference KWIK TRIP STORES Mileage&Parking Utility Operations-General 84 US-Motel-Gis Conference STONEY CREEK INN Operating Supplies Utility Operations-General 50 US-Membership Dues MINNESOTA WATER WELL ASSOCIATI Dues&Subscriptions Utility Operations-General 219 US-Youth Program BRUNSWICK BOWLING LANES Special Event Fees CC-Special Events&Trips 319 US-Golf Progarm Supplies FLAGHOUSE Recreation Supplies Summer Skill Development 242 US-Golf/Tennis Supplies. WALMART COMMUNITY Recreation Supplies Summer Skill Development 25 US-Prog Check-in Supplies WALGREEN'S#5080 Operating Supplies Youth Programs Administration 10 US-Fire Department Metal HOME DEPOT CREDIT SERVICES Equipment Parts Fleet Operating 24 US-Sno-PJ Party Snacks EDEN PRAIRIE COMMUNITY CENTER Operating Supplies CC-Teen Programs 9 US-Program Supplies TARGET Operating Supplies SC-Adaptive 25 US-Staff Training DVD EDEN PRAIRIE SCHOOL Recreation Supplies Accessibility 182 US-Body Pump Prog.Suppl. TARGET Operating Supplies Fitness Classes 110 US-Tickets-MRPA Conferen MINNESOTA TWINS Operating Supplies Aquatics&Fitness Admin 305 US-MRPA Gift Card Prizes CUB FOODS EDEN PRAIRIE Operating Supplies Aquatics&Fitness Admin 688 US-Group Fitness Equip. HEALTHWAYS Operating Supplies Fitness Classes 5 US-Shipping Race Products ROAD ID Operating Supplies Girls on the Run 9 US-Numbers-Fitness Equip. MERLINS ACE HARDWARE Operating Supplies Fitness Center 24 US-Fitness Videotapes BEST BUY Operating Supplies Fitness Classes 143 US-Training Supplies LAW ENFORCEMENT TARGETS,INC Training Supplies Police 12 US-Return Training Suppl. UPS STORE,THE Training Supplies Police -61 US-Credit for Returns BROWNELLS INC. Training Supplies Police 98 US-Training Supplies BROWNELLS INC. Training Supplies Police 150 US-Training Class-P.Sager ATOM Tuition Reimbursement/School Police 216 US-Security Conf-J.Claeys MARRIOTT HOTELS Tuition Reimbursement/School Police 150 US-Training Online RADIO TECHNOLOGY INC Training Supplies Police 99 US-Train.Class-M.Sackett PAYPAL INC Tuition Reimbursement/School Police 700 US-Firearms Class-C.Wood ATOM Tuition Reimbursement/School Police 100 US-Train.Class-L.Soppeland ATOM Tuition Reimbursement/School Police 700 US-Firearms Class-Kenyon ATOM Tuition Reimbursement/School Police 26 US-Umbraco Subscription PAYPAL INC Conference Expense IT Operating 16 US-Outdoor Center Video AMAZON.COM Computers IT Operating 84 US-GIS Conference-A.Feidt STONEY CREEK INN Conference Expense IT Operating 69 US-Webex-Confer.Calling WEBEX COMMUNICATIONS Equipment Repair&Maint IT Operating 4 US-Mtg with Jim Fischer CARIBOU COFFEE Miscellaneous City Council 5 US-FiscalDisparitiesTestimo. CARIBOU COFFEE Miscellaneous City Council 24,724 Report Total CITY COUNCIL AGENDA DATE: June 15, 2010 SECTION: Ordinances and Resolutions DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XI.A. Community Development/Planning William Hoag Rezoning Janet Jeremiah/Regina Herron Requested Action Move to: • Approve 2nd Reading of the Ordinance for a single family lot from Rural to R1-13.5 on .55 acres. Synopsis This is final approval of a rezoning of a single family lot from Rural to R1-13.5 located at 12005 Sunnybrook Road. Attachments 1. Ordinance 2. Summary Ordinance WILLIAM HOAG REZONING CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 11-2010 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 11 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 Rural District and be placed in the R1-13.5 District. Section 3. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the R1-13.5 District, and the legal descriptions of land in each District referred to in City Code Section 11.03, Subdivisionl, Subparagraph B, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, "Violation a Misdemeanor"are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. 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 15th day of June, 2010, 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 15th day of June, 2010. ATTEST: Kathleen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie News on June 24, 2010. EXHIBIT A -William Hoag Rezoning Legal Description: The West 165 f eet of the East 218.5 f eet of Tract F, except the south 629.75 f eet t hereof, Registered land Survey no 571 Hennepin County, Minnesota William Hoag Rezoning CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 11-2010 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 12005 Sunnybrook Road, from Rural to R1-13.5 Zoning District. 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 A. 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.) CITY COUNCIL AGENDA DATE: SECTION: Appointments June 15, 2010 DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: XIII.A. Scott H. Neal, Student on Commissions Appointments City Manager for the 2010-2011 School Year Requested Action: • Move to: Appoint to the Arts & Culture Commission: David Mingo and Everett Keegan for the Fall and Winter/Spring terms. • Move to: Appoint to the Conservation Commission: Rachel Wood and Joshua Auerbach for the Fall and Winter/Spring terms. • Move to: Appoint to the Flying Cloud Airport Advisory Commission: Neeraj Ajgaonkar for the Fall and Winter/Spring terms. • Move to: Appoint to the Heritage Preservation Commission: • Move to: Ian English to the Fall and Winter/Spring terms. Appoint to the Human Rights and Diversity Commission: • Move to: Ryan Borchardt and Salman Ikramuddin for the Fall term; and He Li, Clayton Carlson and Alexander Borsch for the Winter/Spring term. Appoint to the Parks,Recreation, and Natural Resources Commission: Ethan Holdahl and Pranay Rao for the Fall and Winter/Spring terms; and Shyam Raman for the Fall term. Synopsis: We received 14 applications for the 2010-2011 Students on Commission program. Commission Staff Liaisons met to review and discuss the applications. The attached appointment recommendations are based on the students' stated Commission preferences and the quality of their applications. All 14 student applicants are being recommended for appointment. The Fall Students on Commission term is from September 2010 through December 2010. The Winter/Spring term is from January 2011 through April 2011. An orientation session will be held during the late summer. Background Information: In 1992, the City Council initiated a program to provide student residents in Eden Prairie with the opportunity to serve on City Commissions as non-voting members. The program has grown and changed over time to reflect modifications made to the City's Commissions, the addition of Commissions eligible for student appointments, and the desire to include more students in the program. CITY COUNCIL AGENDA DATE: SECTION: Community Development Director Report June 15, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO. XIV.C.1. Community Development: Robson Chiropractic Lease— 8020 Den Road Janet Jeremiah/David Lindahl (former Hollywood Video space) Requested Council Action: Move to approve a new lease between the City of Eden Prairie and Dr. Tory M. Robson for a Chiropractic Clinic at the City owned property located at 8020 Den Road. Synopsis: A lease proposal was presented to staff last week for a chiropractic clinic to lease 2,200 square feet of the space formerly occupied by Hollywood Video in the City's Liquor Store#2 building. The clinic will be located in the southwest corner of the building with its main entrance on the south side of the building—or the side that faces West 78th Street and the E.P. Center. This will leave about 2,800 square feet of prime space available on the southeast corner of the building. A copy of the Letter of Intent is enclosed but the basic terms of the lease are as follows: Lease Term 5 years Net Rent Years 1-2 $25/sf - $55,000 annually Years 3-5 $26/sf - $57,200 annually Total Rent - $281,600 Tenant Improvement Allowance Landlord Pays $20/sf - $44,000 Broker Commission $8,800.00 Landlord Work Landlord provides demising wall, secondary access, remodel bathroom and hallway. Cost unknown at this time. Common Area Maintenance Tenant pays pro rata share Property Taxes/Insurance Tenant Pays Delivery Date 30 days after lease execution Lease Commencement 75 days after delivery/date business opens—whichever occurs first. Background: Over the past 15 years Hollywood Video has been leasing about 5,100 square feet of space in the City's Number Two Liquor Store building which located on Den Road across from Cub. That lease terminated in January of this year and since that time the City has been looking for new tenant(s) with the assistant of Dick Ward—a real estate broker with the Equity Property Group. There has been a good deal of interest in the property from a variety of uses including restaurant, retail, tobacco and others. We expect to have additional lease proposals before the City Council soon. Attachments: Letter of Intent—Dr. Tory M. Robson Chiropractic Clinic June 1, 2010 Equity Property Group, LLC Allan Giese 8625 Endicott Trail Eden Prairie, MN 55347 Re:City of Eden Prairie Building Den Road Eden Prairie, MN Dear Allan, Based upon our various conversations of the past couple weeks,the following represents a proposal for space in the City of Eden Prairie's building on Den Road. Property Address: 8020 Den Road Eden Prairie, Minnesota Premises: Approximately 2,200 square feet on the South West corner of the building. Final dimensions and location of the premises to be determined and mutually agreed upon and attached as an Exhibit to the Lease Agreement. Note that the size of the premises includes a pro rata share of the rear hallway and restroom area. The attached Exhibit indicates the approximate leasable area. Tenant: Dr.Tory M. Robson dba Robson Clinic Landlord: City of Eden Prairie Lease Term: Five (5)years. Lease Commencement: The lease term and rent shall commence the earlier of seventy five (75) days following the Delivery Date or the date Tenant opens for business. Delivery Date: Delivery Date shall be thirty (30) days after full Lease execution. Page 2 Annual Net Rent: Years 1-2 $25.00 NNN per rentable square foot Years 3-5 $26.00 NNN per rentable square foot CAM & RET: Tenant will pay its pro rata share of Common Area Maintenance, real estate taxes, special assessments, and liability and casualty insurance on a monthly basis with annual adjustments. Security Deposit: A security deposit equal to one (1) month's net rent shall be deposited upon execution of the Lease, subject to review of Tenant's financials. Landlord's Work: Landlord shall demise the premises, provide secondary access to the leaseable area to the rear of the building, remodel/renovate the existing rear hallway and restroom area. All other work shall be the Tenant's responsibility. Tenant Improvement Allowance: Landlord shall contribute fifteen ($20) dollars per square foot as a tenant improvement allowance based upon a five year term to be paid within thirty(30) days after receipt of final lien waivers. Percentage Rent: None. However,Tenant shall be required to report sales to Landlord each month. Report to be received by Landlord fifteen (15) days after the end of each month. Use: The operation of a chiropractic clinic. HVAC: Landlord will provide roof top unit(s)with duct drop to provide one ton per 450 square feet of leasable area. Distribution, detectors, test stations and thermostats by Tenant. Tenant will perform all day to day maintenance and repairs of the HVAC system and will contract for regular quarterly maintenance. Utilities: All utilities will be separately metered and paid directly by Tenant. All Sewer Access Charges (SAC) and Water Access Charges (WAC) required above and beyond the base building standard shall be the responsibility of the Tenant. Trash will be billed through CAM. Janitorial: Tenant shall be responsible for all janitorial services within their leased premises. Signage: Tenant shall be permitted to install maximum storefront signage as permitted by the City of Eden Prairie subject to Landlord approval. Page 3 Tenant Financials: Upon Tenant's acceptance of this proposal and prior to execution of a Lease Agreement, Landlord shall have the right to review Tenant's financial statements, including balance sheets, and income and expense statements for the most recent period for which such statements are available. Brokerage: Tenant and Landlord acknowledge that Equity Property Group, LLC is involved in this transaction and that the Landlord shall be responsible for their commission pursuant to a separate written agreement by and between Equity Property Group and the Landlord. Guaranty: Tenant will personally guarantee the Lease. Documentation: Landlord will be responsible for Lease preparation. Qualification/ Disclaimer: This letter is not a binding agreement and is intended only as a mutual expression of Landlord and Tenant to negotiate in good faith with the intent of entering into a mutually satisfactory,written lease agreement. Landlord's obligation to lease the Premises to Tenant and Tenant's obligation to lease the Premises from the Landlord are expressly conditioned upon the Landlord and the Tenant entering into a mutually satisfactory written lease agreement. In the event of any conflict between this proposal and the Lease,the Lease shall control. The preparation, revision or delivery of any Lease Agreement for examination and discussion shall in no event be deemed to be an offer to lease the premises but shall merely be a part of the negotiations between Landlord and Tenant. Neither party hereto shall have any obligation or liability to the other whatsoever at law or in equity (including any claims for detrimental reliance of promissory estoppels) unless and until such time as both parties shall have executed and delivered a Lease, pending the continued availability of space. If you have any questions or need further clarification, please contact me. Sincerely, Dr.Tory M. Robson Robson Clinic CITY COUNCIL AGENDA DATE: SECTION: Report of the Parks and Recreation Director June 15, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.D.1. Stuart Fox, Parks and Natural Award the Contract for Miller Park Play Area Resources Manager, Parks and Improvements to Blackstone Contractors Recreation Motion Move to: Award the contract for Miller Park Play Area Improvements to Blackstone Contractors in the amount of$401,430.25 for the base quote plus alternate A5,plus alternates A7 to A15, and deduct item D l. Synopsis Plans and specifications were prepared by Brauer&Associates, Ltd. for the play area improvements at the Miller Park. Three construction companies submitted quotes for the project, Blackstone Contractors, Odesa II and KA Witt. Because of the complexity of the bid submittal please refer to the attached memo from Jason Amberg of Brauer&Associates, LTD for the full bid details. Staff has reviewed the bid submittals with the consultant,Brauer&Associates, LTD. and concurs with their recommendation of awarding the work to Blackstone Contractors as detailed on the first page of their memo. The Parks, Recreation and Natural Resources Commission reviewed the project bids and voted 5-0 to recommend that the City Council award the contract to Blackstone Contractors at their June 7th meeting. The funding for the Miller Park Play Area improvement project comes from the 2010 Capital Improvement Plan. The consultant estimate for the project was $440,000. Background This final phase of renovation work at the Miller Park Play area will complete the update of this older community park playground that started in 2008. This final phase of work includes the renovation of the large "5-12 year old"play structure with the addition of a new taller tower with slides.New play features will include the installation of a splash pad play area, a climbing"rock"with cargo nets, a "sensory wall", a"cozy dome", and new walkways. There will be a third play area entry point on the east end with benches and a drinking fountain. The area adjacent to the parking lot will be fenced and landscaped to match the work that was done when the"Barrier Free" features were added in 2008-09. This playground renewal project has benefited from generous donations from the Garvin/Miller Family and their fund raising efforts. This final phase will make the play area fun and functional for many years to come. Attachment Letter of Recommendation and Bid Tabulation from Brauer&Associates, Ltd. 10417 Excelsior Boulevard BRAl1ER&ASSOCIATESLTD. HoSuipkeins, Number On3 Hopkins,MN 55343 LAND USE PLANNING AND DESIGN Tel(952)238-0831 Fax(952)238-0833 Website:www.brauer-Itd.com May 27, 2010 Mr. Jay Lotthammer, Director of Parks & Recreation Services City of Eden Prairie—Parks &Recreation 8080 Mitchell Road Eden Prairie,MN 55344 Re: Recommendation to Accept Bids for Miller Park Play Area Improvements Project Mr. Lotthammer, We have reviewed the bid proposals for this project and found only a few minor math errors. I have included a bid tabulation, which reflects corrections to the math errors. All bids submitted were in the same general range as our projected estimate for the project,with Blackstone Contractors being the successful contractor that submitted the lowest responsible bid for this project. Brauer&Associates, Ltd. has worked with Blackstone Contractors on other park projects throughout the years with positive outcomes. We understand that the City of Eden Prairie has also experienced good results with this contractor on a recent project as well. As such, it is our recommendation that the City accept their bid and execute a contract for construction of this project. Per our earlier discussions and your list of priorities, we are recommending proceeding with the base bid and selected alternates as listed below with a total contract amount of$401,430.25. BASE BID: L$322,856.75 ALTERNATE BID ITEMS: A5 Add for Boulder&Net Play Structure $24,998.00 A7 Add for water service enclosure box and utility equipment $1,800.00 A8 Add for submersible pump in Water Reuse system $1,800.00 A9 Add for water service to the splash pad $1,540.00 A10 Add for electrical service for underground water reuse system $4,800.00 All Add for splash pad equipment electrical service $2,400.00 Al2 Add for Concrete slab for splash pad equipment $8,855.50 A13 Add for splash pad equipment $50,386.00 A14 Add for splash pad fencing $10,200.00 A15 Add for concrete maintenance strip for splash pad fencing $1,794.00 D 1 Deduct for revised play structure -$30,000.00 TOTAL BASE BID,PLUS ALL ACCEPTED ALTERNATE BID ITEMS: $401,430.25 We also recommend setting aside a construction contingency of 5%to account for any unknowns that may arise throughout construction. Recommendation to Accept Bid 1 of 2 It has been a pleasure working with you and the City of Eden Prairie on this project so far and we are very excited to commence with construction observation this summer. It will be very exciting to witness the final major phase of this play area improvement project. Please let me know once the project is officially awarded to Blackstone Contractors and I will coordinate with them to schedule a preconstruction meeting with you and other staff. If you have any questions or concerns,please call me at(952)238-0831 ext. 14. Sincerely, Brauer&Associates, td. ason L. Am.erg,Vi•- Pr-.'.ent cc: Candace Amberg encl: Miller Park Bid Tabulation Recommendation to Accept Bid 2 of 2 MILLER PARK PLAY AREA IMPROVEMENTS FULL BID TABULATION-May 25,2010 Blackstone Odesa II KA Witt TOTAL BASE BID: $322,856.751 $342,409.001 $346,269.501 ADD ALTERNATE BID SCHEDULE: Est. Unit Add Bid Total Add Bid Unit Add Bid Total Add Bid Unit Add Bid Total Add Bid No. Add Alternate Bid Description Qty. Unit (In Dollars) (In Dollars) (In Dollars) (In Dollars) (In Dollars) (In Dollars) Al Furnish and install Deck-complete,as per plans,details and 1 LS $15,000.00 $15,000.00 $12,000.00 $12,000.00 $15,000.00 $15,000.00 specifications,including all materials,attachments,pilings,etc. Furnish and install Picnic Table with seats(on deck)-complete,as A2 per plans,details and manufacturer's specifications,including all 2 EA $2,150.00 $4,300.00 $5,750.00 $11,500.00 $2,500.00 $5,000.00 attachments Furnish and install umbrellas(adjacent to wooden deck)-complete, A3 as per plans,details and manufacturer's specifications,including all 2 EA $7,870.00 $15,740.00 $7,250.00 $14,500.00 $8,200.00 $16,400.00 attachments and footings — Furnish and install Entrance Gateway-complete,as per plans, A4 details and specifications,including all materials,attachments, 1 LS $7,700.00 $7,700.00 $6,650.00 $6,650.00 $10,700.00 $10,700.00 footings,etc. Furnish and install Boulder&Net Play Structure-complete,as per A5 plans,details and manufacturer's specifications,including all 1 LS $24,998.00 $24,998.00 $24,000.00 $24,000.00 $26,715.00 $26,715.00 attachments and footings Furnish and place Poured in Place Rubber Surfacing(adjacent to A6 the existing tire swing and the proposed boulder&net structure)in lief 1,120 SF $18.50 $20,720.00 $22.00 $24,640.00 $25.00 $28,000.00 of wood fiber surfacing-complete,as per plans,details and specifications,including concrete base Furnish and install RPZ valve,piping,pad,and box-to include all A7 labor and materials(including pipe and fittings),valves,box,concrete 1 LS $1,800.00 $1,800.00 $3,500.00 $3,500.00 $3,500.00 $3,500.00 pad,remote reader,water meter-complete as per plans and details Furnish and installsubmersible pump in Water Reuse MH- A8 complete,as per plans and detail,including electrical,float control, 1 LS $1,800.00 $1,800.00 $1,200.00 $1,200.00 $1,500.00 $1,500.00 and lifting chain. A9 Construct 2"Type K Copper Water Service to the Splashpad 70 LF $22.00 $1,540.00 $20.00 $1,400.00 $25.00 $1,750.00 Electrical Service and hookup for underground water storage Al pump system-complete,as indicated on plans,details and 1 LS $4,800.00 $4,800.00 $5,200.00 $5,200.00 $700.00 $700.00 specifications l Electrical Service and hookup for splashpad equipment system- Al 1 LS $2,400.00 $2,400.00 $2,750.00 $2,750.00 $2,000.00 $2,000.00 complete,as indicated on plans,details and specifications Furnish and place Splash Pad Concrete Pavement(4000 psi), Al2 including Sure Stop Non-Slip Texture,Sure Stop Deep Penetrating 995 SF $8.90 $8,855.50 $7.50 $7,462.50 $6.50 $6,467.50 Sealer,4"compacted class 5 aggregate base-complete,as per plans,details and specifications Furnish and installSplash Pad Equipment-complete,as per plans, details and manufacturer's specifications,including all attachments, A13 drainage pipe,water pipe,and footings(refer to Specification Section 1 LS $50,386.00 $50,386.00 $42,000.00 $42,000.00 $48,000.00 $48,000.00 02780 for additional information) Furnish and installType II Ornamental Fence(associated with splash A14 pad)as indicated on plans,details and specifications-complete, 68 LF $150.00 $10,200.00 $88.00 $5,984.00 $160.00 $10,880.00 including all attachments,footings,etc. Furnish and place 12"x12"concrete maintenance curb(adjacent to Al 5 splash pad for Type II Orn.Fencing)-complete,as per plans,details 69 LF $26.00 $1,794.00 $20.00 $1,380.00 $13.00 $897.00 and specifications Furnish and install Bronze Wall Art Castings on elevated planter A16 walls(new and existing)-complete,as per plans,details and 30 EA $120.00 $3,600.00 $70.00 $2,100.00 $150.00 $4,500.00 manufacturer's specifications Furnish and install Bronze Skatestopperson elevated planter walls Al 7 (new and existing)-complete,as per plans,details and 24 EA $50.00 $1,200.00 $88.00 $2,112.00 $60.00 $1,440.00 manufacturer's specifications A18 Furnish and installconcrete abutment for wooden deck-complete 1 EA $350.00 $350.00 $400.00 $400.00 $250.00 $250.00 ADD ALTERNATE TOTAL: $177,183.50 $168,778.50 $183,699.50 TOTAL BASE BID,PLUS ALL ADD ALTERNATES $500,040.25 $511,187.50 $529,969.00 DEDUCT ALTERNATE BID SCHEDULE: Est. Unit Deduct Total Deduct Unit Deduct Total Deduct Unit Deduct Total Deduct No. DEDUCT Alternate Bid Description Unit Bid Bid Bid Bid Bid Bid Qty. (In Dollars) (In Dollars) (In Dollars) (In Dollars) (In Dollars) (In Dollars) Deduct Alternate for furnishing and installing the following items in lieu of 1 playodyssey tower(northeast): [Addendum#1] D1 147424 Clatterbridge w/barriers 1 LS -$30,000.00 -$30,000.00 -$29,000.00 -$29,000.00 -$29,900.00 -$29,900.00 130567 Hex Shingle Roof 122570 Cliff Climber 145 TOTAL BASE BID,PLUS ALL ADD ALTNERATES,MINUS DEDUCT ALTERNATES: $470,040.25 $482,187.50 $500,069.00 Miller Park Play Area Improvements Bid Tabulation Page-1 of 1