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HomeMy WebLinkAboutCity Council - 04/17/2012 AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,APRIL 17, 2012 CITY CENTER 5:00—6:25 PM, HERITAGE ROOMS 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Kathy Nelson, and Ron Case CITY STAFF: City Manager Rick Getschow, Police Chief Rob Reynolds, Fire Chief George Esbensen, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, City Attorney Ric Rosow, and Recorder Lorene McWaters Workshop-Heritage Room II I. AFFORDABLE HOUSING Open Podium - Council Chamber II. OPEN PODIUM III. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,APRIL 17, 2012 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Kathy Nelson, and Ron Case CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, City Planner Michael Franzen, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Ric Rosow and Council Recorder Jan Curielli I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE/COLOR GUARD III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS /PRESENTATIONS A. ARBOR DAY PROCLAMATION B. WEBSITE LAUNCH V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,MARCH 20, 2012 B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 20, 2012 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. NEW HORIZON ACADEMY by Rylaur, LLC on behalf of Blue Hills Solutions, LLC. Second Reading of the Ordinance for Planned Unit Development District Review with waivers on 1.17 acres and Zoning District Amendment within the Neighborhood Commercial Zoning District on 1.17 acres ; Resolution for Site Plan Review on 1.17 acres. Location: Southeast corner of Dell Road& Linwood Ct. (Ordinance for PUD District Review with waivers and Zoning District Amendment; Resolution for Site Plan Review) CITY COUNCIL AGENDA April 17, 2012 Page 2 C. ADOPT RESOLUTION APPROVING FINAL PLAT OF CITY WEST CORPORATE ADDITION D. ADOPT RESOLUTION APPROVING FINAL PLAT OF NOTTING HILL E. APPROVE FINAL CHANGE ORDER FOR STRUCTURAL STRENGTHENING OF THE SALT/SAND STORAGE FACILITY F. ADOPT RESOLUTION ACTIVATING A DEFERRED SPECIAL ASSESSMENT G. AWARD CONTRACT FOR STREET STRIPING TO HIGHWAY TECHNOLOGIES H. AWARD CONTRACTS FOR MAINTENANCE MATERIALS I. APPROVE SERVICE AGREEMENT WITH VOLT FOR WATERCRAFT INSPECTIONS J. RECEIVE PETITION FROM GRACE CHURCH FOR MITCHELL ROAD IMPROVEMENTS (Resolution) K. APPROVE CONTRACT WITH MAGNEY CONSTRUCTION FOR WELL #8 PLUMBING L. APPROVE APPRAISED VALUES FOR SHADY OAK ROAD EASEMENT ACQUISITIONS M. ADOPT RESOLUTION ENDORSING FUNDING APPLICATION FOR SHADY OAK ROAD IMPROVEMENTS N. AUTHORIZE THE SALE OF EXCESS PROPERTY (SKATE PARK EQUIPMENT) O. ADOPT RESOLUTION APPROVING AMENDED ARTICLES AND BYLAWS OF THE EDEN PRAIRIE FOUNDATION P. APPROVE CONTRACT FOR CARPENTRY SERVICES PROVIDED BY HENNEPIN TECHNICAL COLLEGE STUDENTS FOR CONSTRUCTION OF A GAZEBO AT THE SMITH DOUGLAS MORE PROPERTY Q. APPROVE 2011 UNBUDGETED FUND TRANSFERS R. APPROVE LEASE AGREEMENT WITH FLAGSHIP BANK FOR AUTOMATED TELLER MACHINES AT CITY CENTER AND COMMUNITY CENTER S. DECLARE POLICE CANINE AS SURPLUS PROPERTY T. ACCEPT EXTENSION OF 2009 HOMELAND SECURITY GRANT CITY COUNCIL AGENDA April 17, 2012 Page 3 U. ACCEPT 2011 HOMELAND SECURITY GRANT V. APPROVE CONTRACT WITH IMPACT FOR THE PRINTING AND MAILING OF UTILITY BILLS IX. PUBLIC HEARINGS/MEETINGS A. MITCHELL ROAD IMPROVEMENTS (CSAH 1/PIONEER TRAIL TO CSAH 4/SPRING ROAD) (Resolutions) B. VACATION OF EASEMENT FOR PONDING, FLOWAGE AND DRAINAGE IN NW QUARTER OF SW QUARTER OF TOWNSHIP 116, SECTION 21,RANGE 22 (Resolution) C. FLYING CLOUD LANDFILL-PARCEL SUBDIVISION by Allied Waste. Request for: Zoning District Change from Rural to I-2 on 12.4 acres, and Preliminary Plat of 263.32 acres into one lot and 2 outlots. Location: 9813 Flying Cloud Drive. (Resolution for Preliminary Plat) D. RESOLUTION AUTHORIZING APPLICATION TO DEED FOR FORGIVABLE LOAN TO ALIXA RX THROUGH DEED'S MINNESOTA INVESTMENT FUND X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS A. RESOLUTION TERMINATING LEASE BETWEEN THE CITY OF EDEN PRAIRIE (CITY)AND HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE (AUTHORITY) B. FIRST READING OF ORDINANCE ADDING CITY CODE SECTION 5.74 RELATING TO REGULATION OF THE USE OF COAL TAR-BASED SEALER PRODUCTS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. PARKS,RECREATION & NATURAL RESOURCES COMMISSION XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR CITY COUNCIL AGENDA April 17, 2012 Page 4 D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Accept Lions Club Donation for the Outdoor Center (Resolution) 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 REVISED ANNOTATED AGENDA DATE: April 13, 2012 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, April 17, 2012 TUESDAY,APRIL 17, 2012 7:00 PM, COUNCIL CHAMBER I. CALL THE MEETING TO ORDER II. 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. ARBOR DAY PROCLAMATION Mayor Tyra-Lukens will read the Proclamation. B. WEBSITE LAUNCH Communications staff will unveil the new City Website. Includes a short video presentation. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda. VI. MINUTES MOTION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY, MARCH 20, 2012 B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 20, 2012 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS ANNOTATED AGENDA April 17,2012 Page 2 VIII. CONSENT CALENDAR MOTION: Move approval of items A-V on the Consent Calendar. A. CLERK'S LICENSE LIST B. NEW HORIZON ACADEMY by Rylaur, LLC on behalf of Blue Hills Solutions, LLC. Second Reading of the Ordinance for Planned Unit Development District Review with waivers on 1.17 acres and Zoning District Amendment within the Neighborhood Commercial Zoning District on 1.17 acres ; Resolution for Site Plan Review on 1.17 acres. Location: Southeast corner of Dell Road& Linwood Ct. (Ordinance for PUD District Review with waivers and Zoning District Amendment; Resolution for Site Plan Review) C. ADOPT RESOLUTION APPROVING FINAL PLAT OF CITY WEST CORPORATE ADDITION D. ADOPT RESOLUTION APPROVING FINAL PLAT OF NOTTING HILL E. APPROVE FINAL CHANGE ORDER FOR STRUCTURAL STRENGTHENING OF THE SALT/SAND STORAGE FACILITY F. ADOPT RESOLUTION ACTIVATING A DEFERRED SPECIAL ASSESSMENT G. AWARD CONTRACT FOR STREET STRIPING TO HIGHWAY TECHNOLOGIES H. AWARD CONTRACTS FOR MAINTENANCE MATERIALS I. APPROVE SERVICE AGREEMENT WITH VOLT FOR WATERCRAFT INSPECTIONS J. RECEIVE PETITION FROM GRACE CHURCH FOR MITCHELL ROAD IMPROVEMENTS (Resolution) K. APPROVE CONTRACT WITH MAGNEY CONSTRUCTION FOR WELL #8 PLUMBING L. APPROVE APPRAISED VALUES FOR SHADY OAK ROAD EASEMENT ACQUISITIONS M. ADOPT RESOLUTION ENDORSING FUNDING APPLICATION FOR SHADY OAK ROAD IMPROVEMENTS N. AUTHORIZE THE SALE OF EXCESS PROPERTY (SKATE PARK EQUIPMENT) O. ADOPT RESOLUTION APPROVING AMENDED ARTICLES AND BYLAWS OF THE EDEN PRAIRIE FOUNDATION ANNOTATED AGENDA April 17,2012 Page 3 P. APPROVE CONTRACT FOR CARPENTRY SERVICES PROVIDED BY HENNEPIN TECHNICAL COLLEGE STUDENTS FOR CONSTRUCTION OF A GAZEBO AT THE SMITH DOUGLAS MORE PROPERTY Q. APPROVE 2011 UNBUDGETED FUND TRANSFERS R. APPROVE LEASE AGREEMENT WITH FLAGSHIP BANK FOR AUTOMATED TELLER MACHINES AT CITY CENTER AND COMMUNITY CENTER S. DECLARE POLICE CANINE AS SURPLUS PROPERTY T. ACCEPT EXTENSION OF 2009 HOMELAND SECURITY GRANT U. ACCEPT 2011 HOMELAND SECURITY GRANT V. APPROVE CONTRACT WITH IMPACT FOR THE PRINTING AND MAILING OF UTILITY BILLS IX. PUBLIC HEARINGS/MEETINGS A. MITCHELL ROAD IMPROVEMENTS (CSAH 1/PIONEER TRAIL TO CSAH 4/SPRING ROAD) (Resolutions) Official notice of this public hearing was published in the April 5 and 12, 2012,Eden Prairie News and sent to two property owners. Synopsis: The Notice of the Public Hearing was published on April 5 and 12, 2012, in the Eden Prairie News. Individual notices and a copy of the feasibility study were also sent to the two adjacent property owners on April 5, 2012. If the project is ordered, it is proposed that the improvements will be bid on May 24, 2012, and will be substantially completed by August 31, 2012. The City Engineer has prepared a feasibility study for street, trail, and utility improvements on Mitchell Road from CSAH No. 1 (Pioneer Trail) to about 800 feet north of CSAH No. 4 (Spring Road). A portion of these improvements are an obligation of Grace Church as described in their Developer's Agreement dated October 3, 2000. In addition, the Metropolitan Airport Commission (MAC)will contribute their share of the improvements at the time of development of their adjacent property. A public hearing is necessary for the consideration of these improvements. MOTION: Move to: • Close the public hearing; and • Adopt Resolution ordering Mitchell Road Street, Trail and Utility Improvements; and • Adopt Resolution approving plan and specifications for I.C. 11- 5792, Mitchell Road Street, Trail and Utility Improvements. ANNOTATED AGENDA April 17,2012 Page 4 B. VACATION OF EASEMENT FOR PONDING, FLOWAGE AND DRAINAGE IN NW QUARTER OF SW QUARTER OF TOWNSHIP 116, SECTION 21., RANGE 22 (Resolution) Official notice of this public hearing was published in the March 29, 2012,Eden Prairie News and sent to two property owners. Synopsis: The Property Owner has requested the vacation of an easement for ponding, flowage and drainage purposes in the Northwest Quarter of the Southwest Quarter of Section 21, Township 116, Range 22 in order to facilitate the plat of Notting Hill Addition. MOTION: Move to: • Close the public hearing; and • Adopt the Resolution vacating an easement for ponding, flowage and drainage purposes in the Northwest Quarter of the Southwest Quarter of Section 21, Township 116, Range 22, Hennepin County. C. FLYING CLOUD LANDFILL-PARCEL SUBDIVISION by Allied Waste. Request for: Zoning District Change from Rural to I-2 on 12.4 acres, and Preliminary Plat of 263.32 acres into one lot and 2 outlots. Location: 9813 Flying Cloud Drive. (Resolution for Preliminary Plat) Official notice of this public hearing was published in the April 5, 2012,Eden Prairie News and sent to 100 property owners. Synopsis: Allied Waste Services is requesting a preliminary plat and rezoning to transfer ownership of the Flying Cloud Landfill, excluding Allied Waste Services' business operations, to the Minnesota Pollution Control Agency(MPCA). Proposed Lot One is 24 acres. This lot is for the business operations of Allied Waste Services including the office, transfer station and hauling operations. Approximately 12 acres of this proposed lot requires a rezoning to I-2. Rezoning is consistent with the industrial land use designation in the comprehensive guide plan. The proposed division is 263.32 acres into one lot, and Outlots A and B, and road right of way. Proposed Lot One is 24.14 acres. Outlot A is 224.35 acres. Outlot B is 12.0 acres. The proposed division conforms to subdivision requirements. The MPCA made a presentation to the Planning Commission about their land management and construction plans for the closed Flying Cloud Landfill. The MPCA will make a presentation at the City Council meeting. Following transfer of ownership of the Flying Cloud Landfill to the MPCA Closed Landfill Program(CLP), the CLP proposes to begin (in the Fall of 2012) needed construction of the Landfill cover and active gas extraction system. The ANNOTATED AGENDA April 17,2012 Page 5 construction is anticipated to be completed in 2-3 years. The construction will include reducing the waste footprint and installation of an impermeable cover over the Landfill to increase grades,provide better surface water drainage, and reduce infiltration of precipitation and snow melt into the waste. A new active gas extraction system will also be installed to increase the efficiency of landfill gas management and reduce the risk of off-site migration of landfill gas. A Closed Landfill Use Plan will also be introduced which provides a land management tool specific for closed landfills for the City's adoption. The 120-Day Review Period Expires on June 15, 2012. The Planning Commission voted 8-0 to recommend approval of the project at the March 12, 2012 meeting. MOTION: Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance for Zoning District Change from Rural to 1-2 on 12.4 acres; and • Adopt the Resolution for Preliminary Plat on 263.32 acres into one lot and 2 outlots; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. D. RESOLUTION AUTHORIZING APPLICATION TO DEED FOR FORGIVABLE LOAN TO ALIXA RX THROUGH DEED'S MINNESOTA INVESTMENT FUND Official notice of this public hearing was published in the April 5, 2012,Eden Prairie News. Synopsis: Alixa RX is a new company leasing a building at 10132 West 76th Street in Eden Prairie. They intend to use the MIF funds to help pay for tenant improvements and equipment purchases at their leased facility. The MIF program requires the City to apply for the grant on behalf of the business and to act as a conduit between DEED and the business. Once the application has been submitted and approved by DEED, an agreement between the City and Alixa RX will be drafted and will include details of the number of jobs expected to be created by the company,pay back provisions, as well as other important terms and conditions of the deal. That agreement will be submitted to the City Council for their consideration at a subsequent meeting. MOTION: Move to: • Close the public hearing; and • Adopt resolution authorizing application to the Department of Employment and Economic Development (DEED) for a forgivable loan to Alixa RX through DEED's Minnesota Investment Fund (MIF). ANNOTATED AGENDA April 17,2012 Page 6 X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS BEGIN HRA MEETING I. CALL THE HRA MEETING TO ORDER II. APPROVE MINUTES OF HRA MEETING HELD ON DECEMBER 6, 2011 MOTION: Move to approve the minutes of the HRA meeting held on December 6, 2011. HRA III. RESOLUTION CONVEYING CERTAIN PROPERTY FROM THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE (AUTHORITY) TO THE CITY OF EDEN PRAIRIE (CITY)AND TERMINATING THE LEASE WITH THE CITY CC XIA. RESOLUTION TERMINATING LEASE BETWEEN THE CITY OF EDEN PRAIRIE (CITY)AND HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE (AUTHORITY) Synopsis: In 1992 the HRA acquired the City Center property. Lease Revenue Bonds (Series 92B and 93 A)were issued in 1992 and 1993 for the acquisition and improvement of the governmental portion of City Center and to complete the rehabilitation. The governmental portion includes the area occupied by the School District. Lease Revenue Bonds (92C)were issued for the acquisition and improvement of the non-governmental portion of City Center, the CH Robinson area. In 2002 the HRA refunded all of the 92A and 92B bonds as 2002A. In 2009 these bonds were again reissued as 2009 A bonds. The second sheet of sheet of ice at the community center was part of the reissued bonds in 2009. As part of each bond issue, starting in 1992, the HRA and the City entered into Lease Purchase Agreements (HRA Lease) whereby the City leased the property from the HRA. The Lease payments made by the City to the HRA provided funds sufficient for the HRA to make the bond payments as they became due. The 2009 Bonds all matured in February, 2012. Section 5.3 the HRA Lease sets out four events that cause termination of the Lease. Section 5.3 (d)provides for termination of the Lease upon "the payment by City of the Purchase Price, together with any fees and expenses due Authority hereunder or under the Resolution." Final payment was made to the HRA by the City under the HRA lease in mid-February, 2012. Final payment under the HRA Lease constitutes full payment of the Purchase Price for the property. Now that the Purchase Price has been fully paid the HRA should authorize and deliver a Quit Claim Deed to the City for the property subject to the HRA Lease. This Resolution is the authorization of the HRA for the execution and delivery of the Quit Claim deed to the City and the declaration of the HRA that the HRA Lease is terminated. ANNOTATED AGENDA April 17,2012 Page 7 CC MOTION: Move to adopt the Resolution terminating the Lease between the City and the Housing and Redevelopment Authority in and for the City of Eden Prairie (HRA) and requesting that the HRA convey to the City all of the HRA right, title and interest in the property subject to the HRA Lease. HRA MOTION: Move to adopt the Resolution authorizing the Housing and Redevelopment Authority in and for the City of Eden Prairie (HRA) to convey to the City of Eden Prairie all of the HRA's right, title and interest in the property subject to the HRA Lease and declaring the termination of the HRA Lease. IV. ADJOURNMENT MOTION: Move to adjourn the HRA. RESUME CITY COUNCIL MEETING B. FIRST READING OF ORDINANCE ADDING CITY CODE SECTION 5.74 RELATING TO REGULATION OF THE USE OF COAL TAR-BASED SEALER PRODUCTS Synopsis: In 2010 the Minnesota Pollution Control Agency(MPCA) established a grant program to provide local units of government up to 50% of the costs to treat or clean up contaminated stormwater pond sediments. However, for cities to qualify for the grant program, they must have an ordinance in place that restricts the use of coal- tar based sealers. Coal-tar based sealants can be used to seal pavement on driveways, parking lots and trails. Coal tar has been found to be toxic to the environment. Asphalt-based sealants are less toxic and are available as an alternative. This ordinance was based on the MPCA model ordinance. MOTION: Move to: Approve First Reading of an Ordinance Adding City Code Section 5.74 Relating to Regulating the Use of Coal Tar-Based Sealer Products. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. PARKS,RECREATION & NATURAL RESOURCES COMMISSION Synopsis: During the Commission appointment process this year, the City Council decided to inactivate the Arts & Culture Commission and roll its responsibilities into the Parks, Recreation &Natural Resources Commission. At that time, Arts & Culture Commission Member Cynthia Paulson indicated she would be willing to serve on the ANNOTATED AGENDA April 17,2012 Page 8 Parks, Recreation&Natural Resources Commission. Paulson has since accepted a new job, is unable to continue as a commissioner and has formally resigned from the Parks, Recreation&Natural Resources Commission. Staff recommends appointing Leonard Pescheck to fill the vacancy. Pescheck was interviewed by the City Council in February and was considered an excellent candidate; however, at the time there were not enough spots to appoint him to a commission. MOTION: Move to appoint Leonard Pescheck to the Parks, Recreation & Natural Resources Commission to a term ending March 31, 2014. XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR C. REPORT OF PARKS AND RECREATION DIRECTOR 1. Accept Lions Club Donation for the Outdoor Center (Resolution) Synopsis: The City of Eden Prairie recently received a check in the amount of$247 on behalf of the Eden Prairie Lions Club to be used for something special at the center. These funds were part of the Eden Prairie Lions Club proceeds from the raffle at the annual Wild Game Dinner in December 2011. The City of Eden Prairie would like to use these funds to purchase additional telescopes that could be utilized in conjunction with the astronomy and electronic equipment project at the Staring Lake Observatory. MOTION: Move to accept donation in the amount of $247 from the Eden Prairie Lions Club for astronomy equipment at the Eden Prairie Outdoor Center. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. AGENDA CITY OF EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY,APRIL 17, 2012 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS: Chair Nancy Tyra- Lukens, Council Members Brad Aho, Ron Case, Sherry Butcher Wickstrom, and Kathy Nelson CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Ric Rosow, Finance Director Sue Kotchevar and Recorder Jan Curielli I. ROLL CALL/CALL THE HRA MEETING TO ORDER II. APPROVE MINUTES OF HRA MEETING HELD ON DECEMBER 6, 2011 III. RESOLUTION CONVEYING CERTAIN PROPERTY FROM THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE (AUTHORITY) TO THE CITY OF EDEN PRAIRIE (CITY) AND TERMINATING THE LEASE WITH THE CITY IV. ADJOURNMENT UNAPPROVED MINUTES HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY,DECEMBER 6, 2011 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS: Chair Nancy Tyra- Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Ron Case, and Kathy Nelson CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Finance Director Sue Kotchevar, City Attorney Siira Gunderson and Council Recorder Jan Curielli I. ROLL CALL/CALL THE MEETING TO ORDER Chair Tyra-Lukens called the meeting to order at 7:02 PM in shared session with the Council meeting. All members were present. II. APPROVE MINUTES OF HRA MEETING HELD ON SEPTEMBER 6, 2011 MOTION: Aho moved, seconded by Butcher Wickstrom, to approve the minutes of the HRA meeting held on September 6, 2011 as published. Motion carried 5-0. III. ADOPT RESOLUTION HRA NO. 2011-04 TO APPROVE THE PROPOSED 2012 PROPERTY TAX LEVY TO BE $200,000 AND TO ACCEPT THE PROPOSED 2012 BUDGET OF $200,000 Getschow said this item is to approve the Housing& Redevelopment Authority(HRA) levy and budget for the coming year. The preliminary levy and budget was adopted in September. He noted the levy and budget has been the same amount for the last five to seven years. MOTION: Case moved, seconded by Butcher Wickstrom, to adopt Resolution HRA No. 2011-04 certifying the 2012 Property Tax levy to be $200,000 and approving the 2012 Budget of$200,000 as reviewed by the Council. Motion carried 5-0. IV. ADOPT RESOLUTION HRA NO. 2011-05 APPROVING AMENDMENT NO. 3 TO THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 10 Getschow said the purpose of this amendment is to increase the total tax increment revenues and expenditures of the Tax Increment Financing District No. 10 to provide for payment of previously incurred and anticipated future public improvement costs within the District and Project Area. The amendment makes no other modifications to the TIF District and does not result in an increase in the geographic size of the TIF District. In addition, there is no additional estimated fiscal and economic impact due to this amendment. TIF District No. 10 is a housing district established within Prairie Village Redevelopment Project Area. The District was established February 18, 1986 and later HRA MINUTES December 6,2011 Page 2 modified March 7, 1989 and administratively July 18, 2006. The statutorily-required decertification date is December 31, 2012. MOTION: Butcher Wickstrom moved, seconded by Aho, to adopt Resolution HRA no. 2011-05 approving Amendment No. 3 to the Tax Increment Financing Plan for Tax Increment Financing District No. 10. Motion carried 5-0. V. ADJOURNMENT MOTION: Nelson moved, seconded by Case, to adjourn the HRA. Motion carried 5-0. Chair Tyra-Lukens adjourned the HRA meeting at 7:05 PM. HRA AGENDA DATE: April 17, 2012 DEPARTMENT ITEM DESCRIPTION: ITEM NO. Resolution authorizing HRA to convey to the City of Executive Director Eden Prairie all of the HRA's right, title and interest in the property subject to the HRA Lease and declaring the termination of the HRA Lease Requested Action Move to: Adopt Resolution authorizing the Housing and Redevelopment Authority in and for the City of Eden Prairie (HRA) to convey to the City of Eden Prairie all of the HRA's right, title and interest in the property subject to the HRA Lease and declaring the termination of the HRA Lease. Synopsis In 1992 the HRA acquired the City Center property. Lease Revenue Bonds (Series 92B and 93 A) were issued in 1992 and 1993 for the acquisition and improvement of the governmental portion of City Center and to complete the rehabilitation. The governmental portion includes the area occupied by the School District. Lease Revenue Bonds (92C) were issued for the acquisition and improvement of the non- governmental portion of City Center,the CH Robinson area. In 2002 the HRA refunded all of the 92A and 92B bonds as 2002A. In 2009 these bonds were again reissued as 2009 A bonds. The second sheet of sheet of ice at the community center was part of the reissued bonds in 2009. As part of each bond issue,starting in 1992,the HRA and the City entered into Lease Purchase Agreements (HRA Lease)whereby the City leased the property from the HRA.The Lease payments made by the City to the HRA provided funds sufficient for the HRA to make the bond payments as they became due.The 2009 Bonds all matured in February, 2012. Section 5.3 the HRA Lease sets out four events that cause termination of the Lease. Section 5.3 (d) provides for termination of the Lease upon "the payment by City of the Purchase Price, together with any fees and expenses due Authority hereunder or under the Resolution. " Final payment was made to the HRA by the City under the HRA lease in mid February, 2012. Final payment under the HRA Lease constitutes full payment of the Purchase Price for the property. Now that the Purchase Price has been fully paid the HRA should authorize and deliver a Quit Claim Deed to the City for the property subject to the HRA Lease. This Resolution is the authorization of the HRA for the execution and delivery of the Quit Claim deed to the City and the declaration of the HRA that the HRA Lease is terminated. Attachment Resolution HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE COUNTY OF HENNEPIN STATE OF MINNESOTA H.R.A. RESOLUTION NO. 2012- A RESOLUTION CONVEYING CERTAIN PROPERTY FROM THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE (AUTHORITY) TO THE CITY OF EDEN PRAIRIE (CITY)AND TERMINATING THE LEASE WITH THE CITY BE IT RESOLVED by the Board of Commissioners of the Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota, as follows: RECITALS WHEREAS, in order to finance and refinance the acquisition, construction and rehabilitation of a community center facility and a city hall facility (collectively, the Project), the City requested the Authority issue various bonds; and WHEREAS, the Authority issued its Lease Revenue Bonds (Community Center Project), Series 1992A, its Lease Revenue Bonds (City Hall Project), Series 1992B, and its Lease Revenue Bonds (City Hall Project), Series 1993A to finance the Project; and WHEREAS, the Authority issued its Lease Revenue Refunding Bonds (City Hall and Community Center Projects), Series 2002A and its Lease Revenue Refunding Bonds (City Hall and Community Center Projects), Series 2009A to refinance the Project. WHEREAS, the City and the Authority entered into that certain Lease Agreement dated December 1, 1992 for the Project (the 1992 Lease), pursuant to which the City agreed to lease the Project from the Authority upon the terms and conditions set forth therein, and pursuant to which the Authority agreed to sell the Project to the City and the City agreed to purchase the Project from the Authority upon the terms and conditions set forth therein; and WHEREAS, when the Project was refinanced in 2002 and 2009, the 1992 Lease was replaced with that certain Lease-Purchase Agreement dated February 1, 2002, and that certain Lease-Purchase Agreement dated February 1, 2009 (the 2009 Lease), respectively, which Lease- Purchase Agreements were in form and substance substantially the same, including the termination provision; and WHEREAS, Section 5.3(d) of the 2009 Lease provides that the Lease will terminate upon the payment by the City of the Purchase Price; and WHEREAS, Section 5.4 of the 2009 Lease provides, among other things, that upon termination of the Lease pursuant to Section 5.3(d), the Authority shall convey to the City all of the Authority's right, title and interest in the Project by quit claim deed and bill of sale; and WHEREAS, the City has made all of the payments required, and thereby paid the Purchase Price. NOW THEREFORE, THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE HEREBY ORDAINS AS FOLLOWS: 1. All of the Recitals set forth above are incorporated herein. 2. The Lease between the Authority and the City made pursuant to Section 5.3(d) of the Lease is terminated. 3. The Authority hereby authorizes the Chari and Executive Director to execute and tender a quit claim deed and bill of sale conveying to the City of Eden Prairie all of the Authority's right, title and interest in the Project. ADOPTED by the Housing and Redevelopment Authority in and for the City of Eden Prairie this 17th day of April, 2012. Nancy Tyra-Lukens, Chair ATTEST: Rick Getschow, Executive Director CERTIFICATION I, Rick Getschow, Executive Director of the Housing and Redevelopment Authority in and for the City of Eden Prairie, County of Hennepin, Minnesota, hereby certify that the foregoing is a true and correct copy of the Resolution No. 2012 - passed by the Authority on the 17th day of April, 2012. Executive Director ITEM NO.: IV.A. • PROCLAMATION ARBOR DAY — May 5, 2012 WHEREAS, in 1872 J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees; and WHEREAS, Arbor Day is now observed throughout the nation and the world; and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife; and WHEREAS, trees are a renewable resource giving us paper,wood for homes, fuel for our fires and countless other wood products; and WHEREAS,trees, whenever they are planted, are a source of joy and spiritual renewal; and WHEREAS, Eden Prairie has been recognized as a Tree City USA by the National Arbor Day Foundation and desires to continue its tree planting ways. NOW, THEREFORE, I,Nancy Tyra-Lukens, Mayor of the City of Eden Prairie, Minnesota, do hereby proclaim May 5, 2012, as Arbor Day in the City of Eden Prairie, and urge all citizens to support efforts to protect our trees and woodlands and to support our city's urban forestry program; and FURTHER, I urge all citizens to plant trees to gladden the hearts and promote the well being of present and future generations. ADOPTED by the Eden Prairie City Council on April 17, 2012. Nancy Tyra-Lukens, Mayor /4L. .J* ITEM NO.: VI.A. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, MARCH 20, 2012 CITY CENTER 5:00—6:25 PM, HERITAGE ROOMS 6:30 —7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Kathy Nelson, and Ron Case CITY STAFF: City Manager Rick Getschow, Police Chief Rob Reynolds, Fire Chief George Esbensen, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, Economic Development Manager David Lindahl, Housing & Community Services Manager Molly Koivumaki, City Attorney Ric Rosow, and Recorder Lorene McWaters Workshop-Heritage Room II Council Member Nelson joined the meeting at 5:45 p.m. I. STRATEGIC PLAN FOR HOUSING & ECONOMIC DEVELOPMENT Community Development Director Janet Jeremiah presented a PowerPoint reviewing the current housing and economic development strategic plan and exploring possible directions for the new strategic plan. Jeremiah noted that the current plan,which was adopted in 2005, was a collaborative interdepartmental effort that included City Council input. The plan was revisited in 2008 and in 2010. Jeremiah said many of the projects in the 2005 plan were in the Major Center Area (MCA). High priority projects identified in the plan included: • Major Center Area Wayfinding Signage • MCA Park Designation • MCA Local Street Construction/Realignments • MCA Streetscape • MCA Public Art • And MCA Mixed Use Redevelopment with Structural Parking A number of projects related to wayfinding have been implemented. Some will be carried out in conjunction with future streetscape projects. Jeremiah said staff is seeking the City Council's input on future of public/private cost sharing for these improvements. Jeremiah said the 2005 land use vision for the future included a park at Lake Idlewild if redevelopment occurs and higher density development in the Town Center Area. The City Council Workshop Minutes March 20, 2012 Page 2 transportation plan called for creation of a more grid-like pattern in the MCA. Jeremiah said more grants are available today for transportation projects of this type, and staff is looking into these funding sources. Jeremiah said Council could consider moving in a more assertive direction in relation to public art. So far, one piece of public art has been installed in the MCA—at Windsor Plaza. Windsor Plaza is also an example of the type of vertical, mixed-use development envisioned in the 2005 plan. Other redevelopment projects include: • The old Physical Electronics building was renovated and is now the Superior Office Building • The old Best Buy site is now SuperValu East • Some improvements have been made to the Chestnut apartments Jeremiah also reviewed the status of medium and lower priority projects from the 2005 strategic plan. Medium Priority projects included: • Golden Triangle Neighborhood Park Site and Trail Connections • Viking Training Facility • Edendale Housing Improvements • Truth-in-Housing (Point of Sale Inspections) • Neighborhood Service Areas in SW and NW Eden Prairie Edendale housing improvements have been completed and a Council Workshop is planned on a proposed Truth-in-Housing ordinance. The future of the Viking Training Facility has been uncertain, but discussions surrounding it have been renewed. Some possible priorities identified by staff for 2012—2017 include: • Southwest LRT • Housing Initiatives • Other economic development Southwest LRT initiatives include: • Business Strategy Update - 2012 • DEIS Comment Period—Summer 2012 • Alternatives Analyses for the Town Center Alignment and Potential Operation and Maintenance Facilities Site—2012 • Town Center Stormwater Analysis—2012 • Community Engagement Grant Activities—2012 • Potential Corridor Development Initiative (CDI) Grant for Town Center Business Development—2012 City Council Workshop Minutes March 20, 2012 Page 3 • Potential Grant for TOD Ordinance—2012 • Preliminary Engineering Municipal Consent—First half of 2013 • Final EIS/Final Engineering—2012-2014 • Construction—2014-2018 David Lindahl reviewed other possible economic development initiatives for 2012-2017, which include: • Shady Oak Bridge Reconstruction • GTA Land Use and Transportation Analysis Update • Continuing to support business expansion • Possible redevelopment of the Ace Daycare site • Co-location of an office space/business incubator Lindahl said the City held a realtors forum in 2011. It was well received, and the event will be held bi-annually. The City will also be reviewing options for the City Center building, since C.H. Robinson is expected not to renew their lease,which expires in 2014. Molly Koivumaki noted that a number of affordable homeownership programs have been developed. The First Time Homebuyer Loan program provides deferred loans with no interest. The Housing Improvement Area program allows for properties to be assessed for the costs of improvements. The Homeowner Association Improvement Grant is a matching grant program that promotes housing improvements for moderate-and low- income owners. Presbyterian Homes is expected to begin construction on its Eden Prairie Senior Living site in 2013. It will have a total of 716 units, including 127 affordable units. It has been awarded a $848,300 LCDA grant from the Metropolitan Council. II. MITCHELL CROSSING 2012 Jeremiah said this site (known as Mitchell Crossing), located just north of the Buca di Beppo restaurant on Mitchell Road, is key to helping the City meet the affordable housing goals set by the Metropolitan Council. The plan approved for the site in 2006 includes affordable housing units that would accommodate seniors, singles, young adults and service professionals. She said the site is not close to residential neighborhoods that might object to affordable housing being located near them. Mayor Tyra-Lukens asked what happens if a City decides not to sign on to the affordable housing goals set by the Met Council. Jeremiah said the City would not be eligible to receive grant money from Met Council. Council Member Case asked if there is any way City Council Workshop Minutes March 20, 2012 Page 4 to manipulate the price point on affordability, such as going with a higher density and letting go of the Met Council grants. Jeremiah said that TIF and CDBG would not be available in that situation. Economic Development Manager David Lindahl said there are pending LRT grant applications that could be jeopardized if the City formally opts out of the Met Council's affordable housing goals. Eden Prairie resident and developer, Scott Carlston, said he has purchased the Mitchell Crossing site and is putting together an investment group to build housing on the site. He said he feels the market will not support the plan that was approved in 2006, and he needs to build market rate apartments. He said the problem with affordable housing is that"it goes on the title for 15 years." He said he expects the monthly rent on the apartments to be between $800 and $2,000. Jeremiah noted that the site is within walking distance of a planned LRT station, and would be eligible for grants but would need to include some affordable units. She said historically, developers of sites with affordable components have been made whole through various financing methods. Carlston reiterated that he feels it would be a problem for"that to be on the deed for 15 years." Lindahl said he has not experienced this being a problem on other similar projects. Carlston said if he is required to pursue TIF, it will delay the project. He said he plans to "be in the ground in June." Lindahl said the TIF approval process typically runs concurrent with the planning approval process, and would not likely cause a delay in the project. Case said he is comfortable with the idea of this project not having affordable. Aho said he would be okay with it not having affordable units as long as it includes smaller units that are market rate (but still relatively affordable because of their size). City Manager Rick Getschow said it sounds as if Carlston is interested in increasing density and taking the affordability element out of the Mitchell Crossing project. He said the next Council Workshop is scheduled to be a continuation of this meeting's discussion of the strategic plan for housing and economic development, and that the City Council will have the opportunity to discuss its affordable housing philosophy in more detail if they wish. Open Podium - Council Chamber III. OPEN PODIUM (6:30) IV. ADJOURNMENT ITEM NO.: VI.B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MARCH 20, 2012 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Ron Case, and Kathy Nelson CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Ric Rosow and Council Recorder Jan Curielli I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:03 PM. All Council Members were present. Mayor Tyra-Lukens noted there were quite a few people at the meeting tonight for the public hearing regarding Hennepin Village. She said anyone wishing to speak this evening should put their name and address on the sign-up sheet. II. COLOR GUARD/PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Getschow said Mr. Lotthammer has an update on invasive species to add as Item XIV.D.3. There is also a change to the resolution regarding Item IX.A. for the layout of Shady Oak Road. He added Item VIII.P., a resolution to extend the franchise with Comcast Cable to July 31, 2012. MOTION: Aho moved, seconded by Butcher Wickstrom, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MARCH 6, 2012 MOTION: Case moved, seconded by Butcher Wickstrom, to approve the minutes of the Council workshop held Tuesday, March 6, 2012 as published. Motion carried 5- 0. B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 6, 2012 MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the minutes of the City Council meeting held Tuesday, March 6, 2012 as published. Motion carried 5-0. CITY COUNCIL MINUTES March 21, 2012 Page 2 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. NOTTING HILL by Pulte Homes of MN, LLC. Second Reading of Ordinance 5- 2012-PUD-2-2012 for Planned Unit Development District Review with waivers on 8.35 acres and Zoning District Change from Rural to R1-13.5 on 9.87 acres, Location: 15640 Pioneer Trail. (Ordinance No. 5-2012-PUD-2-2012 for PUD District Review with waivers and Zoning District Change) C. EDEN PRAIRIE OFFICE RETAIL by Fendler Patterson. Second Reading of Ordinance 6-2012-PUD-3-2012 for Planned Unit Development District Review with waivers on 3.84 acres and Zoning District Amendment in the I-2 Zoning District on 3.84 acres ; Resolution 2012-44 for Site Plan Review on 3.84 acres. Location: 14675 and 14711 Martin Drive (Ordinance No. 6-2012-PUD-3-2012 for PUD District Review with waivers and Zoning District Amendment; Resolution 2012-44 for Site Plan Review) D. JURIS ADDITION by Rehder&Associates. Second Reading of Ordinance 7-2012- PUD-4-2012 for Planned Unit Development District Review with waivers on 14.16 acres and Zoning District Amendment in the C-Reg-Ser Zoning District on 14.16 acres. Location: 12790 Plaza Drive. (Ordinance No. 7-2012-PUD-4-2012 for PUD District Review with waivers and Zoning District Amendment) E. ADOPT RESOLUTION NO. 2012-45 APPROVING FINAL PLAT OF JURIS ADDITION F. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF CONSULTING GROUP FOR PRELIMINARY DESIGN SERVICES FOR THE SOUTHERN SEGMENT OF SHADY OAK ROAD IMPROVEMENTS G. APPROVE PLANS AND SPECIFICATIONS FOR PRAIRIE CENTER DRIVE WATERMAIN PROJECT H. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BLUE WATER SCIENCE FOR 2012 WATER MONITORING PROGRAM I. ADOPT RESOLUTION NO. 2012-46 CONCURRING WITH HENNEPIN COUNTY PROPERTY REVOCATION J. ADOPT RESOLUTION NO. 2012-47 AUTHORIZING ACQUISITION OF EASEMENTS FOR THE NORTHERN SEGMENT OF SHADY OAK ROAD IMPROVEMENTS K. APPROVE JOINT POWERS AGREEMENT WITH MINNETONKA FOR CITY COUNCIL MINUTES March 21, 2012 Page 3 THE NORTHERN SEGMENT OF SHADY OAK IMPROVEMENTS L. ADOPT RESOLUTION NO. 2012-48 ESTABLISHING PRECINCTS AND POLLING PLACES M. ADOPT RESOLUTION NO. 2012-49 DECLARING PROPERTY AS "ABANDONED PROPERTY" N. APPROVE GRANT PROGRAM AGREEMENT FOR CORNERSTONE ADVOCACY SERVICES O. APPROVE FIRST AMENDMENT TO THE GRANT PROGRAM AGREEMENT TO REHABILITATE LUANN'S PLACE,A SENIOR GROUP HOME P. ADOPT RESOLUTION NO. 2012-58 GRANTING COMCAST A FRANCHISE EXTENSION TO JULY 31,2012 MOTION: Aho moved, seconded by Case, to approve Items A-P on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS A. LAYOUT NO. 1A FOR THE SHADY OAK ROAD (COUNTY ROAD 61) IMPROVEMENTS (Resolution No. 2012-50) Getschow said this item is connected to the United Health Group (UHG)project. It is a request for approval of the proposed layout for Shady Oak Road improvements which provides a continuous four-lane divided roadway with left and right turn lanes on Shady Oak Road. Multi-use trails will be provided on both sides of Shady Oak Road for the entire length of the project. Randy Newton, City Engineer, reviewed the proposed improvements and noted it will begin in late 2012 and will be completed in 2013. Staff and UHG have discussed moving up the construction of the roundabout on their property to coincide with construction of Shady Oak Road. The proposed layout has been approved by MNDoT, Hennepin County and the City of Minnetonka. The layout shows a traffic signal on West 62nd Street at the UHG access; however, that would not be constructed until a future phase of the UHG project. The streetscape for the project will be similar to what Minnetonka did on the northern portion of Shady Oak Road. There will be one change to the layout for the BP gas station to add another access point in order to accommodate truck movements on their site. If the project is approved, there is an aggressive schedule proposed. Offers for the property will be made in early April and condemnation proceedings will be filed in early May if negotiations have not been completed. Staff has been communicating with property owners so they should be aware of the project. Most of the cost of the project will be paid by UHG except for $300,000 from Hennepin County for the trail on the west side of the road and$400,000 from Eden Prairie for the rest of the trail and the right turn lane on City West Parkway. Staff will bring final design plans to the Council in CITY COUNCIL MINUTES March 21, 2012 Page 4 July with construction to start in October 2012. Tyra-Lukens liked the idea that the landscaping will replicate what Minnetonka did on their portion of the road. She asked if the trail will connect to the regional rail trail. Newton said that is dependent on Minnetonka completing their segment of the trail, but they appear to be committed to doing so. Tyra-Lukens noted construction needs to happen on some of these improvements before UHG can start construction. She asked if UHG is responsible for maintaining the roadway to a certain standard even if it deteriorated with their construction. Newton said road construction would be concurrent with the UHG development, so either our contractor or their contractor would be responsible for any damage that would occur. Nelson asked how the roundabouts being constructed at the I-494/Hwy 169 interchange are working out. Newton said only one is open at this time but there is not enough traffic to see how they will work out. We have seen that they work well in other communities. Nelson asked why they did not choose a traffic signal rather than a roundabout at this location. Newton said it was because the number of vehicles making a left turn into the UHG site could easily cause traffic to back up at a traffic signal. Nelson asked how many cars at a time can be accommodated on a roundabout. Newton said traffic is constantly moving on a roundabout so it is hard to say what the total number could be. Nelson said she believes roundabouts work in some places but not in others. Newton said they hired a nationally-recognized roundabout consultant to provide oversight of the design because we wanted to make sure it was constructed to the best standards. There were no comments from the audience. MOTION: Case moved, seconded by Aho, to close the public hearing and to adopt Resolution 2012-50 approving Layout No. IA for the Shady Oak Road (County Road 61) improvements. Motion carried 5-0. B. HENNEPIN VILLAGE—SITE B by Toll Brothers. Request for: Planned Unit Development Concept Review on 71.5 acres, Planned Unit Development District Review with waivers on 71.5 acres, Zoning District Change from Rural to R1-13.5 on 24.37 acres, and Preliminary Plat of 71.5 acres into 52 lots and 3 outlots. Location: 71.5 acres east of Eden Prairie Road and south and west of Riley Creek. (Resolution No. 2012-51 for PUD Concept Review; Resolution No. 2012-52 for Preliminary Plat) Getschow said the proposed plan is for 52 single family lots on 71.5 acres. Official notice of this public hearing was published in the March 8, 2012,Eden Prairie News and sent to 199 property owners. The Planning Commission first reviewed this project at the February 27, 2012 meeting. The hearing was continued to March 12, 2012 with direction for the city attorney to review developer obligations to provide access for all residents of Hennepin Village to the pool and clubhouse amenities that will be constructed on Site B. At the March 12, 2012 meeting, the Planning Commission voted 8-0 to recommend approval of the project. CITY COUNCIL MINUTES March 21, 2012 Page 5 Alex Martin, Division Vice President of Toll Brothers, said this is the final phase of the larger Hennepin Village master plan project. He noted the plans proposed prior to this plan had 109-180 lots in the same space. They hope to break ground around June 1 and have a model home open this fall. Nelson asked that maps of the project be displayed so the audience could see the project. She asked Mr. Martin to review the changes proposed. Martin said the site is approximately 72 acres in size, but they plan to develop on only 24 acres. He said the biggest change from the original plan is that there were many more units on the previous plan. As a result of reducing the number of units, the trip counts will be reduced. Prior to the airport expansion it was assumed no residential homes could be built on Street D; however, the results of noise level testing in the area indicated homes could be built there. That allowed them to relocate the amenity package onto Lot 5. Nelson asked Mr. Martin to point out the variances that are required. Martin said they are asking for a deviation from the front yard setback in order to respect the boundaries on the bluff line. The side yard setbacks will deviate from R1-13.5 in certain sections to allow homes to fit within the confines. Case said he was able to walk the property last night. He was curious about the amazing tree line along Lots 11-23. He asked if it will be possible to preserve some of the tree line. An engineer from Toll Brothers said one of the main constraints is the topography change from Beverly Lane to the bluff line. Case asked if some of the actual tree line will be preserved. The Toll Brothers engineer said they are trying to preserve as much as possible on Lots 10, 11 and 12, but it will be on a case by case basis. Case said it would be great for new residents and also those across the valley if the tree line could be preserved. He noted sometimes even insignificant trees can create a tree mass or a border. He would like as much of the tree line as possible to be preserved. Martin said the outer perimeter of the project is in a similar location as the original one proposed. They are respecting a little more of the topography than the original plan. Case said, while we are all grateful for the 40 acre donation,preserving trees would benefit the new development as well as current residents in the area. Tyra-Lukens noted we are blessed to have open space in the community. One of the problems we have is many of the homeowners whose homes overlook park and open space have a tendency to expand their yards into the open space. She asked what they are planning to do that would avoid that problem for their project. Martin said they will require signage on each property line. As part of their contracts they use an "Exhibit H" which includes all the encumbrances like drainage and utility easements and an explanation of what a homeowner can do within their lot. Tyra- Lukens noted it is very difficult to deal with situations where, for example,people build pools or a major retaining wall on City property. Martin said they have preconstruction meetings and the home buyers are asked to acknowledge receipt of an approved City survey. Butcher Wickstrom asked what their price points are. Martin said the base price is CITY COUNCIL MINUTES March 21, 2012 Page 6 projected to be in the $600,000 range, but will probably average in the $700,000 range with buyer upgrades. Tyra-Lukens encouraged proponent to work with the Heritage Preservation Commission and the Historical Society on street names. Martin said they will work with City staff to approve the names and will try to have a linkage to something appropriate to the area. Tyra-Lukens thought it would be interesting to work in the ski and golf club heritage. Case noted W. A. Frederick was the one who capped Miller Spring and it would be nice to honor him. The Sohm family has a connection in that area as well. Director of Public Works Ellis said the development of Hennepin Village Site B brings with it Prospect Road. He reviewed the history of Prospect Road as it has developed since 1999 when the Metropolitan Urban Service Area(MUSA) line was extended. In 2006 and 2007 a discretionary Environmental Assessment Worksheet (EAW)was conducted for the area. In 2007 we approved Alternative 6 for the future design and construction of Prospect Road. Alternative 6 included a culvert crossing, not a bridge. Some of the concerns we have heard about the proposed construction of Prospect Road relate to traffic. About 700 vehicles per day use the existing Prospect Road over to Spring Road. Because there are fewer units in this project than the earlier one, the number of trips per day will be quite a bit less than the 1300 projected by the original traffic study. The original estimate of 1300 trips per day would compare to traffic levels on Duck Lake Trail and Twin Lakes Crossing. There were concerns about the potential for heavier traffic to cause more accidents at the intersection of Prospect Road and Spring Road. They reviewed the accident reports for the last three years and found there were seven accidents in the entire area, including one at that intersection. The traffic study determined that a traffic signal would not be needed at Prospect Road and Spring Road. Ellis said another concern expressed was the culvert crossing of Riley Creek. He said there is an existing culvert there today that has been converted into a fish barrier and that will continue to be in place after the project is completed. The new culvert will be much bigger and will not restrict the flow of the creek beyond what the restriction is today. Case asked why the old culvert would not be pulled out. Ellis replied we discussed that with the DNR and found out it would cost $40,000 to incorporate the fish barrier in the new culvert. The culvert also provides the opportunity to transport stormwater runoff from the west side to the east side so the construction of a stormwater treatment facility on the west side was not required. Ellis said they investigated with the DNR and local water professionals the potential impact of the development on Miller Springs. We learned the spring shed moves water from west to east, and the Prospect Road project is on the northern boundary of this development. There is no evidence that the development of Site B or Prospect Road would impair the spring. They have not seen any detrimental impact on the spring from development on Site A. He noted Alternative 6 had the smallest amount of grading of all the alternatives considered and also impacted the least number of trees. The road construction and all the right-of-way required are being dedicated by the developer, while the $1,000,000 cost for the other CITY COUNCIL MINUTES March 21, 2012 Page 7 alternatives would have been paid for by the taxpayers. Alternative 6 does provide a secondary access to Site A, which is a paramount concern of the City's Public Works and Fire Departments. He noted we are not taking action on Eden Prairie Road at this time. The future of Eden Prairie Road will be discussed at public hearings and will be taken up by the City Council at a later date. Nelson said she remembered the previous discussion about Prospect Road when Alternative 6 was passed. She asked if that is something that is back before the City Council tonight. Ellis said the project before the Council tonight includes the extension of Prospect Road. Nelson said technically the City could have done the extension at any time, but she was not sure if the whole discussion of Prospect Road is before us tonight. Ellis said the decision on Prospect Road was made by a previous City Council., Nelson noted the people in Hennepin Village believe $400,000 had been set aside for construction of a pool area. She asked what happened to those funds. Rosow said the original developer would have knowledge of that and would be the one to answer that question. It was not included in the development agreement between the City and the developer. Nelson asked what happens in other projects where the developer walked away from the project. Rosow said he is not familiar with a housing project in Eden Prairie where a developer walked away. There was a commercial project that went to foreclosure, but the City had security for public amenities such as landscaping and eventually got the amount required to complete the amenities. Nelson asked if we could make a requirement of the new owner regarding the homeowners' association on Site A. Rosow said in his memo to the City Council he gave an opinion that we could not require the owner of this site to make the pool available to the other homeowners' association. There is a process in the development agreement itself for Site A that provided additional property could be added to the entire master community declaration; however there is not an agreement that this property be added to it. His opinion is we don't have the right to tell one property owner they must make a portion of their property available to another property. Nelson asked if Outlots A and B along with the river bluff were part of the original agreement. Rosow said Outlots A and B were part of the development agreement process. The developer could add additional property to the existing declaration and subject the existing property to all the rules and requirements. Now that there are different owners it takes both owners to agree as to whether to subject the property to the declarations. That hasn't happened and will not happen. Nelson asked if Outlots A and B were part of the original PUD. Rosow said it was part of the original PUD of the property, and the City has received what was bargained for in terms of transfer of density. That issue is separate from the question of what will be built in terms of private amenities. Case said in his legal brief Mr. Rosow seemed to say that State statute governs what we as a City can force an owner of one site to allow to those of another site. He asked if the Council has any role to play in facilitating a conversation between the two, or if there is anything we can do as a City in a case where the developer CITY COUNCIL MINUTES March 21, 2012 Page 8 has not been forthright. Rosow said the City can act in a facilitative process rather than a regulative one. These are residents of the City and they have concerns about the manner in which their developer has developed the property. It would perhaps be unwise for the City to insert itself in the controversy without knowing more of the facts. We may be able to act as a facilitator to bring the parties together, but we don't have the statutory right to require one property owner to allow access to another property owner. Tyra-Lukens noted this might be an appropriate situation for something like the Metropolitan Mediation Services. Tyra-Lukens opened the public hearing. Jack Rhode, 15859 Porchlight Lane, said one of the big issues with this project is the extension of Prospect Road across the valley. He said that was a bad decision when it was made but it could be changed now so the view of the entire valley is not gone forever. He also believed if the developer wants to develop Site B they should be required to pay for the building of a bridge on Prospect Road. He suggested the City could then tell the developer the City was not building Prospect Road but instead would use the money to improve Eden Prairie Road. He said the intersection of Prospect and Spring is an accident waiting to happen. He said the homeowners in Site A will get their pool and clubhouse in one way or another. Deborah Ho-Beckstrom, representing the Management Association for Hennepin Village, said the situation the homeowners in Site A are left with is one of the most egregious she has ever seen. She said Ryland invited the homeowners to an open house and asked them what their desires would be for additional recreation facilities. She said the density of the traffic is a big concern because they have children who must cross the road to get to the existing pool. She asked the Council to give extra time to consider the homeowners in Site A because this project is unfair to those homeowners. Paul Moskalik, 10077 Indigo Drive, said he had signed up on the sign-in sheet but his wife was going to speak. Mrs. Moskalik said in Hennepin Village Wooddale Builders have created homes in the $600,000 range in Site A and four of them are still vacant. She was concerned about adding 52 new homes in the same price range. Ashley Smith, 10011 Liatris Lane, said she signed up on the sheet but her father will speak for her. Kelsey Smith said the master development plan for Hennepin Village was approved in 2001. Mr. Smith asked about the original ownership and transfers of the property. He and City Attorney Rosow then discussed the transfers of the property and the responsibility of Toll Brothers to carry out promises made by Ryland. Mr. Smith said the Planning Commission Chair made a statement that the attorneys for Toll Brothers and the City would work together to work out the situation but did not say anything about the residents of Hennepin Village Site A. Mr. Smith said the proposed pool and clubhouse has no parking and the residents of Site A would have to walk to the pool if they bought a membership at the new pool and clubhouse. He was concerned the project will be an elitist country club community for 52 homeowners on Site B. He suggested the City set aside some CITY COUNCIL MINUTES March 21, 2012 Page 9 acreage for Site A to have a clubhouse and pool in the 40 acres that will be dedicated to the City since the residents of Site A have already paid for that amenity. Jeff Strate, 15021 Summerhill Drive, said he has been following this project since 1999 and sat through the AUR hearings. The EAW approved by the previous City Council for this project means there is no need for an environmental impact statement. Part of the EAW was to look at six road options for Prospect Road. One of the important points made then was that the best option for access in and out of that part of Eden Prairie was none of the six options but rather was Option 7 to continue along the current alignment of Eden Prairie Road. The extension of Prospect Road over the valley is going to disturb many more people, and there is no reason to justify putting it in. He thought the developer should be required to set money aside for Option 7 rather than for building Prospect Road. Raghu Venkateshwar, 9784 Cupola Lane, said there are over 50 children in the neighborhood and they bike across Spring Road to get to the playground. Drivers go quite slowly on that road now because they know there are children in the area; however, once Prospect Road is opened up there will be increased traffic and speeds will increase. Eugenis Spivek, 15602 Lilac Drive, said the approval of Prospect Road in 2001 was supposed to connect residents from Site A to the pool and clubhouse in Site B, but now the residents won't have access to the new pool and clubhouse so it has become two different developments. She was very concerned about the impact of Prospect Road on the environment. Duncan Thomasen, 10065 Eden Prairie Road, and Rodney Rue, City Engineer, discussed Mr. Thomasen's questions about public utilities planned for Eden Prairie Road and the possibility of assessments for any utilities and road improvements. Rue said a feasibility study will be prepared and presented to the City Council for consideration at a later date,but Eden Prairie Road is a separate project from this one. Tyra-Lukens said their discussion sounds like it is peripheral to the discussion of Hennepin Village Site B. She suggested Mr. Thomasen continue the discussion with Mr. Rue outside of the Council Chamber. Dean Edstrom, 10133 Eden Prairie Road, said the City Council, the Planning Commission and staff have been talking about this for years and there are very rational reasons for Prospect Road to be built. There is a public safety issue that will be alleviated by having a secondary access to the neighborhood. Eden Prairie Road is in very bad shape, but Beverly Drive and Eden Prairie Road are separate issues. Shobha Belur, 9784 Cupola Lane, said the residents of Site A do not want Prospect Road to be built. She was concerned about putting a main road inside a small compact neighborhood. More than fifty kids live in that area, and the residents don't need the road. CITY COUNCIL MINUTES March 21, 2012 Page 10 George Magdal, 9769 Picket Drive, said he agreed with the Fire Chief that we need two accesses in the area but it doesn't have to be a through road. Ryland made a promise to 633 homeowners that there would be something more than there is now. He has heard the City has no power over that, but the developer broke a promise to the homeowners. He would like to see this fixed without spending money for litigation. John Higgins, 9755 Gable Drive, thought there are other alternatives that could be evaluated one more time before making the decision to build the road across this piece of land. Judy Gentry, 9776 Picket Drive, said the children here do not have a playground, and there is just one small grassy area for sports. She asked the Council to reconsider and not extend Prospect Road. MOTION: Case moved, seconded by Nelson, to close the public hearing. Motion carried 5-0., Aho asked if the extended Prospect Road would be used for construction traffic for the new development. Ellis said the intentions are to begin construction of Prospect Road this year and have it open by September of 2013. That would be followed by construction of Eden Prairie Road which would require a full closure of Eden Prairie Road. During that time Prospect Road would have some construction traffic. Aho asked if the current Prospect Road would be used just during the extension of Prospect Road. Ellis said it would. Tyra-Lukens said the packet information suggested construction traffic would go north on Eden Prairie Road. Ellis said that would be for site development of Hennepin Village. Rosow said he had some additional concerns brought to him by Mr. Notermann, who lives immediately to the south of this project. His concern is with access for the development of his property. He noted staff would be willing to sit down with Mr. Notermann but it seemed this is not a factor in the development of Hennepin Village Site B. Nelson asked if the idea that Eden Prairie Road would not stay open would change the recommendation on this project. The issue of a cul de sac for Eden Prairie Road has not come before the Council and she was not sure it would be approved if it did. She thought Prospect Road is one thing if it is just a neighborhood road, but it doesn't seem to be wide enough to be a major connection. Ellis said he agreed that assuming Eden Prairie Road would be closed is a strong assumption. Prospect Road will provide emergency access, and they were looking for some connectivity that allows traffic to move through the area. They realize the closure of Eden Prairie Road is not a certainty and will involve a long discussion. The decision to connect Prospect Road is not tied to the future of Eden Prairie Road. Tyra-Lukens asked about the width of Prospect Road in relation to Twin Lakes Crossing and Duck Lake Trail. Ellis said Prospect Road will be similar to a neighborhood road with a trail on the south side, not a three or four lane road like CITY COUNCIL MINUTES March 21, 2012 Page 11 Twin Lakes Crossing and Duck Lake Trail. Tyra-Lukens asked if a narrower road would slow down traffic. Ellis said a two lane road will restrict traffic and will give the perception of a neighborhood road. Case said many of us have been at this for a long time and three of us have spent a decade struggling with it. He voted for the idea of it in 2002 because it made sense perceptually but he did not vote for the final layout in 2007. This time he wanted to see if there are alternatives so he reread the information about the six alternatives presented in 2007. There will be several hundred homes in this area,probably within the next ten years. The one big problem we have had in Eden Prairie over the years is that we don't have "moveability" between sites. Every time we have looked at this we have come up with the same conclusion--we must have Prospect Road. Because of safety concerns, staff has never varied on their recommendation. After deciding we had to have Prospect Road we looked at the bridge concept. While constructing a bridge would help with some of his concerns, there is a problem of finding the money to construct a bridge. We already have a culvert in place, so a larger culvert would serve to improve the water flow. The construction would not be in an area that would affect Miller Spring. Experts have looked at the situation, and each of them said that the flow to the spring doesn't come this direction. Case said he would love to be able to help the homeowners with access to the pool, but we don't have statutory rights to do anything about that situation. He would, however, like to help them in any way we can. In regard to the traffic concerns, there are about 700 trips on Prospect Road per day now. Our estimate indicates there will be an additional 240 trips with this project. When he walked the property he noted there is no driveway that comes out on the road. Prospect Road has always been planned and is consistent with the goals of the City for safety. Tyra-Lukens said she read all the emails she received and tried to respond to them. She said there were many who expressed concerns about the environment, and she would love to have those people get involved with the City's Conservation Commission. She said the City Council faces audiences who have a narrower view of a project than the Council is able to take. We have to consider many aspects such as financial implications, transportation, environmental issues and public safety. The Council is in the position of having to balance all the issues from a City-wide perspective. With regard to the environmental issues that were raised, preservation obviously would be the best thing. However a referendum was put out to see if there would be support to purchase much of this land and make it open space. The purchase of the land would have resulted in a tax increase but would have saved the land. The referendum failed so we then worked with the developer to try to preserve as much land as we could. We got over 40 acres in this area dedicated to the City for the enjoyment of all the people of Eden Prairie. Part of the original plan for Hennepin Village included this road. Everybody moved in here knowing the road was planned to go through. From a City-wide perspective the road needs to go through. Our experience has been that there are too many cul de sacs in Eden Prairie and too few connecting streets. We need to take every opportunity we have to make sure roads go through. She believes the environmental issues have been CITY COUNCIL MINUTES March 21, 2012 Page 12 addressed with the EAW. The road design with a culvert has the least impact on the land. Having an alternate route is important for public safety and it will allow school buses and snow plows to get through the community. As a City we are working to try to save taxpayers'money by being more energy and fuel efficient with our 20-40-15 program. Creating more cul de sacs makes it more difficult to run the City. Tyra-Lukens said she was also concerned about the pool issue. Mr. Smith raised the issue of whether obligations went with the transfer of land. She suggested we have a Council condition for approval of this project to study that issue. She would like to know more about the land ownership because the pool was in the plans and obviously some promises were made to the homeowners by Ryland. Butcher-Wickstrom said the Council makes difficult decisions about how we move people and how we develop the land. We made a commitment when we created the Comprehensive Guide Plan. We have followed that plan and now we have almost 40% of our land as open space. The City Council cares very much about the land, open space, the environment and recreation. For her the primary issue of Prospect Road is safety and moving people. We have researched the issue, have discussed it, and have had public meetings about it. She said she supports Prospect Road and also supports the new development. Nelson said she is somewhat conflicted. She likes the Toll Brothers development better than the previous plan, but she is concerned about what Ryland left the homeowners' association with. Since this project was started in 2001 we have changed how we approve things so that before a project goes to final reading we have everything finalized but that was not the case when the original project was approved. She was concerned about the safety aspect. If there were only a one way access here, there would be a bottleneck for safety vehicles. We have to plan for a disaster when there is a neighborhood full of children. She would like to get a response back from staff about the pool situation. Aho said this is a tough spot. It is hard when we have residents with concerns about their property and their children. When people are concerned about safety of their kids we are all concerned; however, that concern for children also includes being able to access the area. Prospect Road was decided by a previous City Council, and we really aren't here to revisit that issue. He liked the development that Toll Brothers has come to us with tonight. He heard some concerns about how that will affect the sale of vacant properties and that is a valid concern. He thought a developer wouldn't develop homes they couldn't sell. Ultimately having nice homes in the area will improve the property values for everyone. It was exciting to see more development in the community. Properties in the City have held value much better than property in many other communities. He was in favor of the project. MOTION: Case moved, seconded by Butcher Wickstrom, to adopt Resolution No. 2012-51 for Planned Unit Development Concept Review on 71.5 acres; to approve 1st Reading of the ordinance for Planned Unit Development district review with waivers, and Zoning District change from Rural to R1-13.5 on 24.37 acres; to CITY COUNCIL MINUTES March 21, 2012 Page 13 adopt Resolution 2012-52 for Preliminary Plat on 71.5 acres into 52 lots and 3 outlots; and to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions which included suggestions regarding street names, preservation of as much of the tree line as possible and directing staff to facilitate research and discussion of the homeowners' association concerns regarding access to the new pool and clubhouse. Motion carried 5-0. C. NEW HORIZON ACADEMY by Rylaur, LLC on behalf of Blue Hills Solutions LLC. Request for: Planned Unit Development Concept Review on 1.17 acres, Planned Unit Development District Review with waivers within the Neighborhood Commercial Zoning District on 1.17 acres, and Site Plan Review on 1.17 acres. Location: Southeast corner of Dell Rd& Linwood Ct. (Resolution No. 2012-53 for PUD Concept Review) Getschow said this is a project for construction of a day care facility on City property near the fire station on Dell Road. The project will require waivers for the parking setback, the sign setback, the lot size and the building height. There were no comments from the audience. MOTION: Butcher Wickstrom moved, seconded by Aho, to close the public hearing; to adopt Resolution No. 2012-53 for Planned Unit Development concept review on 1.17 acres; to approve 1st Reading of the ordinance for Planned Unit Development district review with waivers, and Zoning District amendment in the Neighborhood Commercial zoning district on 1.17acres; and to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions. Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Butcher Wickstrom, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Aho, Butcher Wickstrom, Case, Nelson and Tyra-Lukens voting "aye." XI. ORDINANCES AND RESOLUTIONS A. ADOPT RESOLUTION NO. 2012-54 INACTIVATING THE ARTS AND CULTURE COMMISSION AND ASSIGNING ITS DUTIES TO THE PARKS, RECREATION AND NATURAL RESOURCES COMMISSION Getschow said the Council recently had an opportunity to make appointments to several of our commissions. Through that process we came to the suggestion that the duties of the Arts and Culture Commission should be put into the Parks, Recreation and Natural Resources Commission. He said the City Council can pass a resolution to inactivate a commission and give the duties to another commission. At a later date the Council can reverse that process. CITY COUNCIL MINUTES March 21, 2012 Page 14 MOTION: Aho moved, seconded by Case, to adopt Resolution No. 2012-54 inactivating the Arts and Culture Commission and assigning its duties to the Parks, Recreation and Natural Resources Commission. Motion carried 5-0. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. CHAIR AND VICE CHAIR OF BUDGET ADVISORY COMMISSION Getschow said the current Chair of the Budget Advisory Commission (BAC) thought it might be better to step down as Chair due to some travel and other issues. The Council discussed this during the commission interview process. The proposal is to swap the Chair and Vice Chair positions. Nelson thought Mr. King has done an excellent job as BAC Chair, and she would like to see him stay as Chair. She was sure that Mr. Muilenburg will do a fine job as Vice Chair if Mr. King is not there. She would prefer to leave the positions as they are through the end of the year. Case asked when we would appoint members of the BAC. Getschow said the current appointments would last through the end of the year. Case said he would support keeping the positions as is for now for the purpose of consistency. Getschow said if the Council does not take action to change the two positions, it will stay the same as it is. The consensus of the Council was to leave it as is. XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Mayor's Water Conservation Challenge Tyra-Lukens said she is challenging Eden Prairie residents to make a commitment to conserve water and cut pollution by participating in the Mayor's Water Conservation Challenge. It is a national program with a free contest sponsored on the website, www.mywaterpledge.com. Eden Prairie would be competing with other cities in the Midwest to see which ones can be the most water wise by following a series of conservation measures. She said she is doing this an extension of her broader interest in environmental stewardship. The contest is in celebration of the 40th anniversary of the Clean Water Act. MOTION: Case moved, seconded by Butcher Wickstrom, to adopt Resolution No. 2012-57 supporting the "Mayor's Challenge for Water Conservation." Motion carried 5-0. CITY COUNCIL MINUTES March 21, 2012 Page 15 Nelson noted she went on the website to pre-register and found she already does most of the items. 2. City Manager's Performance Review Tyra-Lukens said the Council had a closed session to evaluate the City Manager after the March 6 meeting. Harry Bruhl of PDI was retained to help with the review. He sent out a survey requesting feedback on several topics. She said overall the City Council found Mr. Getschow's performance to be outstanding, particularly his work on the 2012 budget, his quick learning of City issues and the quality of his new hires. She said the Council recommended Mr. Getschow receive a salary increase of 4%. MOTION: Case moved, seconded by Butcher Wickstrom, to commend City Manager Getschow on his outstanding performance and to increase his salary by 4%, effective January 2012. Motion carried 5-0. B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Accept Art Center Donation—Resolution No. 2012-55 Lotthammer said another individual is contributing $750 for supplies at the pottery studio. MOTION: Nelson moved, seconded by Aho, to adopt Resolution No. 2012-55 accepting the donation in the amount of$750 from an anonymous donor for the purchase of supplies for the Eden Prairie Art Center pottery studio. Motion carried 5-0. 2. Accept Grant from the Minnesota Recreation and Parks Foundation for Edible Playgrounds—Resolution No. 2012-56 Lotthammer said this is a grant from the Minnesota Recreation&Parks Foundation for edible playgrounds. It is a new initiative aimed at combating youth obesity. He said Nicole Weedman has worked very hard on this and she will be part of a panel at a state conference to promote the use of the program as a best practice that other cities might adopt. He said Mayor Tyra-Lukens went to a national convention where a concept like this was talked about. We had been looking at integrating this type of program into our summer program. This program will give kids an education of where their food comes from and perhaps interject more healthy eating habits. The grant helps us get the program started and we are looking at other fund raising opportunities in order to expand to other locations. CITY COUNCIL MINUTES March 21, 2012 Page 16 Tyra-Lukens said this is a very interesting program. Some cities have gotten pretty elaborate with their gardens and do amazing fundraising events. There are a lot of kids that don't have a concept of where food comes from. She noted a community member who is very interested in the program wants to get involved with it. MOTION: Case moved, seconded by Nelson, to adopt Resolution No. 2012-56 accepting the 2012 New Initiatives Grant in the amount of$800 from Minnesota Recreation&Parks Foundation to fund an Edible School Yard Program. Motion carried 5-0. 3. Aquatic Invasive Species Update Lotthammer said the situation with invasive species is very fluid. On Thursday we will have a meeting with the City of Chanhassen and Bolt, a work force organization. We will discuss using Bolt as contractors to do on- site inspection at Riley Lake and some random mobile inspection at other sites. We have some funds budgeted for Riley Lake, and the Watershed District recently approved$25,000 for Eden Prairie to help with this inspection. He noted several individuals and homeowners' associations have filed a law suit against the City of Chanhassen and the DNR to force them to take more aggressive action in the fight against invasive species. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS Getschow said next Wednesday, March 28, is the first of a series of town hall meetings with the City Council and staff. This meeting will be aimed at seniors and will be held at Summit Place at 4:00 PM. He noted there is only one City Council meeting scheduled in April and that will be on April 17. XVI. ADJOURNMENT MOTION: Case moved, seconded by Butcher Wickstrom, to adjourn the City Council Meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 9:53 PM. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 17, 2012 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. Requested Action Motion: Approve the licenses listed below Gambling/Bingo Temporary Beer Organization: Eden Prairie Lions Club Organization: Eden Prairie Lions Club Place: Community Center Parking Lot Event: Rocking at Riley 16700 Valley View Road Date: June 16, 2012 Date: June 1-3, 2012 Place: Riley-Jacques Barn Private Kennel Temporary Beer Robert&Lorraine Stanton Organization: Eden Prairie Lions Club 16427 South Manor Road Event: Eden Prairie 4th of July Date: July 4, 2012 Raffle Place: Round Lake Park Organization: United States Police Canine Association Region 18 Temporary Beer Place: Grace Church Organization: Eden Prairie Lions Club 9301 Eden Prairie Road Event: Corn Feed Date: June 11, 2012 Date: August 4, 2012 Place: Round Lake Park Organization: HEART Inc Place: Olympic Hills Golf Club 10625 Mount Curve Road Date: August 13, 2012 Organization: Foundation for Eden Prairie Schools Place: Bent Creek Golf Course 14490 Valley View Road Date: June 11, 2012 Temporary Liquor Organization: Eden Prairie Lions Club Event: Schooner Days Date: June 1-3, 2012 Place: Round Lake Park& Community Center Parking Lot - 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda 04/17/12 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/Planning New Horizon Academy VIILB. Janet Jeremiah/Scott Kipp Requested Action Move to: • Approve 2nd Reading of the Ordinance for Planned Unit Development District Review with waivers in the Neighborhood Commercial Zoning District on 1.17acres; and • Adopt a Resolution for Site Plan Review on 1.17 acres; and • Approve the Development Agreement for New Horizon Academy; and • Approve and Authorize Issuance of a Grading Permit for New Horizon Academy, subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated April 17, 2012, as approved by the City Council. Synopsis This is for a new daycare facility Background Information The 120-Day Review Period Expires oil 05-19-12. Attachments 1. Ordinance for PUD District Review 2. Resolution for Site Plan Review 3. Summary Ordinance 4. Development Agreement NEW HORIZON ACADEMY CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 8-2012-PUD-5-2012 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA, AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT,AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND,ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof Section 2. That action was duly initiated proposing that the land be amended within the Neighborhood Commercial Zoning District 8-2012-PUD-5-2012 (hereinafter "PUD-5-2012- Neighborhood Commercial"). Section 3. The City Council hereby makes the following findings: A. PUD-5-2012-Neighborhood Commercial is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-5-2012-Neighborhood Commercial is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-5-2012-Neighborhood Commercial are justified by the design of the development described therein. D. PUD-5-2012-Neighborhood Commercial is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 4. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of April 17, 2012, entered into between Blue Hills Solution, LLC, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-5-2012-Neighborhood Commercial, and are hereby made a part hereof Section 5. The proposal is hereby adopted and the land shall be, and hereby is amended within the Neighborhood Commercial District and shall be included hereafter in the Planned Unit Development-5-2012-Neighborhood Commercial, and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 20th day of March, 2012, 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 17th day of April, 2012. ATTEST: Kathleen A. Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2012. EXHIBIT A PUD Legal Description — New Horizon Academy Lot 1, Block 1, DELL STATION NEW HORIZON ACADEMY CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 8-2012-PUD-5-2012 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE 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 amendment of the zoning of land located at the southeast corner of Dell Road and Linwood Court within the Neighborhood Commercial 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 Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2012. (A full copy of the text of this Ordinance is available from City Clerk.) NEW HORIZON ACADEMY CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2012- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR NEW HORIZON ACADEMY BY DELL ROAD,LLP WHEREAS, Dell Road, LLP,has applied for Site Plan approval of New Horizon Academy to construct a daycare facility, by an Ordinance approved by the City Council on April 17, 2012; and WHEREAS, the Planning Commission reviewed said application at a public hearing at its February 27,2012 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its March 20, 2012 meeting. NOW, THEREFORE,BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to New Horizon Academy based on the Development Agreement between Dell Road, LLP and the City of Eden Prairie, reviewed and approved by the City Council on April 17, 2012. ADOPTED by the City Council of the City of Eden Prairie this 17th day of April, 2012. Nancy Tyra-Lukens , Mayor ATTEST: Kathleen A. Porta, City Clerk DEVELOPMENT AGREEMENT NEW HORIZON ACADEMY THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into as of April 17, 2012, by EP Dell Road LLP, a Minnesota limited liability partnership, hereinafter referred to as "Developer," its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City": WITNESSETH: WHEREAS,Developer has applied to City for Planned Unit Development Concept Review on 1.17 acres, Planned Unit Development District Review with waivers on 1.17 acres and Zoning District Amendment in the Neighborhood Commercial zoning district on 1.17 acres, and Site Plan Review on 1.17 acres, legally described on Exhibit A (the "Property"); NOW,THEREFORE,in consideration of the City adopting Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review with waivers and Zoning District Amendment in the Neighborhood Commercial, and Resolution No. for Site Plan Review, Developer agrees to construct, develop and maintain the Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials revised and stamp dated , reviewed and approved by the City Council on ,(hereinafter the"Plans")and identified on Exhibit B,subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement,City shall give 24 hour notice of such violation in order to allow a cure of such violation,provided however, City need not issue a building or occupancy permit for construction or occupancy on the Land while such a violation is continuing, unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 4. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release,defend and indemnify City,its elected and appointed officials,employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection, review or approval by City. 5. EXTERIOR MATERIALS: Prior to building permit issuance,Developer shall submit to the City Planner,and receive the City Planner's written approval of a plan depicting exterior materials and colors to be used on the buildings on the Property. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C, attached hereto. 6. GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in the Plans is conceptual. Prior to the release of a land alteration permit for the Property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all wetland information,including wetland boundaries, wetland buffer strips and wetland buffer monument locations; all Stormwater Facilities,such as water quality ponding areas,stormwater detention areas, and stormwater infiltration systems; and any other items required by the application for and release of a land alteration permit. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Prior to release of the grading bond, Developer shall certify to the City that the Stormwater Facilities conform to the final grading plan and that the Stormwater Facilities are functioning in accordance with the approved plans. Developer shall employ the design professional who prepared the final grading plan. The design professional shall monitor construction for conformance to the approved final grading plan and Stormwater Pollution Prevention Plan(SWPPP). The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved final grading plan and SWPPP. In addition, the design professional retained by the Developer to perform the monitoring of the Project shall be responsible for all monitoring, data entry and reporting to the PermiTrack ESC web-based erosion and sediment permit tracking program utilized by the City. B. STORMWATER FACILITY CONSTRUCTION: Stormwater Facilities, including detention basins, retention basins, Stormwater Infiltration or Filtration Systems(such as rainwater gardens,vegetated swales,infiltration basins,vegetated filters, filter strips, curbless parking lot islands, parking lot islands with curb-cuts, traffic islands, tree box filters, bioretention systems or infiltration trenches) or Underground Systems(such as media filters,underground sand filters,underground vaults,sedimentation chambers,underground infiltration systems,pre-manufactured pipes, modular structures or hydrodynamic separators) shall be maintained by the Developer and or Owner during construction and for a minimum of two (2) full growing seasons after completion of the development to ensure that soil compaction, erosion, clogging, vegetation loss, channelization of flow or accumulation of sediment are not occurring,and thereafter by the Owner of the Property.A Planting Plan for the Stormwater Facilities (where appropriate) must be submitted prior to release of the first building permit for the Development Developer shall employ the design professional who prepared the final grading plan to monitor construction of the Stormwater Facilities for conformance to the Minnesota Pollution Control Agency publication entitled"State of Minnesota Storm water Manual" dated November 2005, the approved final grading plan and the requirements listed herein. All inspections of underground systems shall be performed by personnel that have approved OSHA confined space training. All.Stormwater Infiltration Systems shall be delineated with erosion control fencing prior to construction. All Stormwater Infiltration Systems shall be installed using low-impact earth moving equipment. No equipment, vehicles, supplies or other materials shall be stored or allowed in the areas designated for stormwater infiltration during construction. Pervious surfaces shall be stabilized with seed and mulch or sod and all impervious surfaces must be completed prior to final grading and planting of the Stormwater Infiltration Systems. All Stormwater Facilities shall be kept free of debris, litter, invasive plants and sediment. Sediment, debris, litter or vegetation removal in Stormwater Infiltration Systems shall be by hand or with a flat-bottomed shovel or rake during dry periods. Only enough sediment shall be removed as needed to restore hydraulic capacity, leaving as much of the vegetation in place as possible. Any damaged turf or vegetation shall be reseeded or replaced. Parking lots and drive lanes that drain to any Stormwater Facilities shall be swept at least weekly during construction and for frequently if necessary to minimize sediment accumulation within the facilities. After the two year period of maintenance,the Owner of the Property shall continue to be responsible for maintenance of the Stormwater Facilities. This shall include regular sweeping of private streets , parking lots or drive aisles; debris and litter removal; removal of noxious and invasive plants; removal of dead and diseased plants;maintenance of approved vegetation;re-mulching of void areas;replanting or reseeding areas where dead or diseased plants were removed; and removal of sediment build-up. Sediment build-up in above-ground Stormwater Infiltration or Filtration Systems shall be removed by hand. Areas above Underground Systems shall be kept free of structures that would limit access to the System for maintenance or replacement. C. STORMWATER POLLUTION PREVENTION PLAN (SWPPP): Prior to issuance of a land alteration permit,Developer shall submit to the City Engineer and obtain City Engineer's written approval of Stormwater Pollution Prevention Plan (SWPPP) for the Property. The SWPPP shall include all boundary erosion control features, temporary stockpile locations, turf restoration procedures, concrete truck washout areas and any other best management practices to be utilized within the Project. Prior to release of the grading bond, Developer shall complete implementation of the approved SWPPP. 7. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for irrigation of the landscaped areas on the Property. The irrigation plan shall be designed so that water is not directed on or over public trails and sidewalks. Developer shall complete implementation of the approved irrigation plan in accordance with the terms and conditions of Exhibit C prior to issuance of any occupancy permit for the Property. 8. LANDSCAPE PLAN: Prior to building permit issuance,the Developer shall submit to the City Planner and receive the City Planner's written approval of a final landscape plan for the Property depicting a total of 60 caliper inches. The approved landscape plan shall be consistent with the quantity,type,and size of plant materials shown on the landscape plan on the Plans. Developer shall furnish to the City Planner and receive the City Planner's written approval of a security in the form of a bond, cash escrow, or letter of credit, equal to 150% of the cost of said improvements as required by City Code. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved landscape plan in accordance with the terms and conditions of Exhibit C. 9. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan for screening of mechanical equipment on the Property. For purposes of this paragraph, "mechanical equipment" includes gas meters, electrical conduit, water meters, and standard heating, ventilating,and air-conditioning units. Security to guarantee construction of said screening shall be included with that provided for landscaping on the Property,in accordance with City Code requirements. Developer shall complete implementation of the approved plan prior to issuance of any occupancy permit for the Property. If,after completion of construction of the mechanical equipment screening,it is determined by the City Planner,in his or her sole discretion,that the constructed screening does not meet the Code requirements to screen mechanical equipment from public streets and differing, adjacent land uses, then the City Planner shall notify Developer and Developer shall take corrective action to reconstruct the mechanical equipment screening in order to cure the deficiencies identified by the City Planner. Developer agrees that the City will not release the security provided until Developer completes all such corrective measures. 10. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the Neighborhood Commercial District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD (list PUD number): • Parking setback from 17.5 feet to 15 feet. • Sign setback from 20 feet to 3 feet. • Lot size from 2 acres to 1.17 acres. • Building height from 30 feet to 31.5 feet. 11. RETAINING WALLS: Prior to issuance by the City of any permit for grading or construction on the Property, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's written approval of detailed plans for the retaining walls identified on the grading plan in the Plans. These plans shall include details with respect to the height,type of materials,and method of construction to be used for the retaining walls. Developer shall complete implementation of the approved retaining wall plan in accordance with the terms and conditions of Exhibit C, attached hereto, prior to issuance of any occupancy permit for the Property. 12. SITE LIGHTING: Prior to building permit issuance, Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for site lighting on the Property. All pole lighting shall consist of downcast shoebox fixtures not to exceed 20 feet in height. Developer shall complete implementation of the approved lighting plan prior to issuance of any occupancy permit for the Property. 13. TRASH ENCLOSURE: Developer has submitted to the City Planner, and obtained the City Planner's written approval of a plan for the design and construction of the outside trash enclosure for the Property. This trash enclosure shall be constructed with face brick to match the building, and heavy duty steel gates that completely screen the interior of the enclosure. Developer shall complete implementation of the trash enclosure plan prior to issuance of any occupancy permit for the Property. IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. EP Dell Road LLP CITY OF EDEN PRAIRIE By By Its Nancy Tyra-Lukens Its Mayor By By_ Its Rick Getschow Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2012, by Nancy Tyra-Lukens and Rick Getschow, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2012,by , the , of EP Dell Road, a Minnesota limited liability partnership, on behalf of the partnership. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 EXHIBIT A DEVELOPMENT AGREEMENT — NEWHORIZON ACADEMY Legal Description Lot 1, Block 1 DELL STATION, Hennepin County, MN. EXHIBIT B DEVELOPMENT AGREEMENT -NEWHORIZON ACADEMY PLANS LIST OF MATERIALS 1. A0.2 - Code Analysis/Exiting Plan, by Rylaur, LLC, dated 01-20-12 2. C 1.0 Grading Drainage and Erosion Control Plan,by Rylaur,LLC,and Westwood Professional Services, Inc., dated 01-20-12 Revisions: 02/17/12 DRC revisions: 03/09/12 3. C2.0-Utility Plan by.Rylaur,LLC,and Westwood Professional Services,Inc., dated 01-20-12 Revisions: 02/17/12 DRC revisions: 03/09/12 4. C3.0 Details, by Rylaur, LLC, and Westwood Professional Services, Inc., dated 01-20-12; Revisions: 02/17/12 DRC revisions: 03/09/12 5. SP2.1 Site Plan,by Rylaur, LLC, dated 01-20-12; Revision 1, 02/16/2012, City comments; Revision 2, 03/09/2012 Coord. w/Civil 6. SP3.1 Site Details,by Rylaur,LLC,dated 01-20-12 7. L.1 Preliminary Landscape Plan,by Rylaur,LLC,and Carmen Simonet Design dated 01-19- 2012;Revision 1, 02/16/2012;Revision 2, 03/12/2012 Coord.W/Civil, Tree Cal. 8. L.2 Typical Landscape Sections,by Rylaur,LLC,and Carmen Simonet Design dated 01-19- 2012 Revision 2,03/12/2012, Coord.W/Civil,Tree Cal. 9. A2.1 Floor Plan,by Rylaur,LLC, and dated 01-20-12 10.A4.1 Exterior Elevations,by Rylaur,LLC,dated 01-20-12; Revision 1, 02/16/2012, City comments EXHIBIT C DEVELOPMENT AGREEMENT -NEWHORIZON ACADEMY I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan(1" =100'scale)showing existing and proposed contours,proposed streets,and lot arrangements and size,minimum floor elevations on each lot,preliminary alignment and grades for sanitary sewer,water main,and storm sewer, 100- year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots,location of walks,trails,and any property deeded to the City. II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. III. Developer shall pay cash park fees as to all of the Property required by City Code in effect as of the date of the issuance of each building permit for construction on the Property. IV. If Developer fails to proceed in accordance with this Agreement within thirty six (36) months of the date hereof,Developer,for itself,its successors,and assigns,shall not oppose the City's reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. V. Provisions of this Agreement shall be binding upon and enforceable against the Property and the Owners, their successors and assigns of the Property. VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VII. Developer represents that it has marketable fee title to the Property, except: INSERT ANY NAME/COMPANY LISTED IN ANY OWNER'S SUPPLEMENT TO THE DEVELOPER'S AGREEMENT) With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: A. That Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances. Prior to final plat approval,Developer shall provide to the City a current title insurance policy insuring such a condition of title. B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property,any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601,et. seq.,or Minn. Stat., Sec. 115B.01,et. seq. (such substances, wastes,pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of,place or otherwise have,in or on the Property,any Hazardous Substances. D. That no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss,costs,damage and expense,including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been,used, employed, deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning,and Chapter 12,Subdivision Regulations,of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. IX. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. X. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees,therefore,that in the event Developer violates,fails,or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. XI. Developer shall,prior to the commencement of any improvements,provide written notice to Comcast of the development contemplated by this Development Agreement. Notice shall be sent to Comcast Cable, 9705 Data Park, Minnetonka, Minnesota 55343. XII. Prior to building permit issuance,all fees associated with the building permit shall be paid to the Inspections Department,including;Building permit fee,plan check fee, State surcharge, metro system access charge (SAC), City SAC and City water access charge (WAC), and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units. XIII. Prior to building permit issuance, except as otherwise authorized in the approved Plans, existing structures, wells and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. (not applicable) XIV. Prior to building permit issuance,provide two copies of an approved survey or site plan(1" = 200 scale) showing proposed building location and all proposed streets, with approved street names, lot arrangements and property lines. XV. The City shall not issue any building permit for the construction of any building, structure, or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. XVI No failure of the City to comply with any term, condition, covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges.No execution on any claim,demand,cause of action or judgment shall be levied upon or collected from the general credit, general fund or taxing powers of the City. XVII. Prior to issuance of the first building permit for the Property, Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 1/2 by 6 inch sign or decal reading "Scenic/Conservation Easement Boundary,City of Eden Prairie",will be affixed to the top of the post.(not applicable) XVIII. Within 10 days of the approval of the Development Agreement,the Developer shall record the Development Agreement at the County Recorder and/or Registrar of Titles. XIX. The City is hereby granted the option, but not the obligation, to complete or cause completion in whole or part of all of the Developer's obligations under this Agreement for which a bond, letter of credit, cash deposit or other security (hereinafter referred to as the "Security")is required if the Developer defaults with respect to any term or condition in this Agreement for which Security is required and fails to cure such default(s) within ten (10) days after receipt of written notice thereof from the City;provided however if the nature of the cure is such that it is not possible to complete the cure within ten(10) days, it shall be sufficient if the Developer has initiated and is diligently pursuing such cure. The Developer acknowledges that the City does not assume any obligations or duties of the Developer with respect to any such contract agreements unless the City shall agree in writing to do so. The City may draw down on or make a claim against the Security,as appropriate,upon five (5)business days notice to the Developer,for any violation of the terms of this Agreement or if the Security is allowed to lapse prior to the end of the required term. If the obligations for which Security is required are not completed at least thirty(30)days prior to the expiration of the Security and if the Security has not then been renewed,replaced or otherwise extended beyond the expiration date, the City may also draw down or make a claim against the Security as appropriate. If the Security is drawn down on or a claim is made against the Security, the proceeds shall be used to cure the default(s) and to reimburse the City for all costs and expenses, including attorneys' fee, incurred by the City in enforcing this Agreement. XX. The Developer hereby grants the City, it's agents, employees, officers and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with this Agreement. XXI. This Agreement is a contract agreement between the City and the Developer. No provision of this Agreement inures to the benefit of any third person,including the public at large, so as to constitute any such person as a third-party beneficiary of the Agreement or of any one or more of the terms hereof,or otherwise give rise to any cause of action for any person not a party hereto. OWNERS' SUPPLEMENT TO DEVELOPMENT AGREEMENT BETWEEN EP Dell Road LLP AND THE CITY OF EDEN PRAIRIE THIS DECLARATION,made and entered into as of April 17,2012,by CITY OF EDEN PRAIRIE ("City"): For, and in consideration of, and to induce City to adopt Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review with waivers and Zoning District Amendment in the Neighborhood Commercial, and Resolution No. for Site Plan Review, , as more fully described in that certain Development Agreement entered into as of April 17, 2012, by and between EP Dell Road LLP, a Minnesota limited liability partnership and City("Development Agreement")pertaining to that certain Property described on Exhibit A hereto, Owner agrees with City as follows: 1. If EP Dell Road LLP , fails to commence development in accordance with the Development Agreement and fails to obtain an occupancy permit for all of the improvements referred to in the Development Agreement within 24 months of the date of this Owners' Supplement, Owner shall not oppose the City's reconsideration and rescission of Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review with waivers and Zoning District Amendment in the Neighborhood Commercial Zoning District , and Resolution No. for Site Plan Review, identified above, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. 2. This Agreement and the Development Agreement shall be binding upon and enforceable against the Property and the Owner, their successors and assigns of the Property. 3. If Owner transfers this Property, Owner shall obtain an agreement from the transferee requiring that such transferee agree to all of the terms, conditions and obligations of"Developer" in the Development Agreement. Neither the Owner or transferee are required to develop the property in accordance with this Agreement, so long as Owner or transferee obtain such approvals as are required by City Code to develop the Property in a manner other than as set forth in this Agreement. IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. OWNERS By Nancy Tyra-Lukens Its Mayor By Rick Getschow Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 17th day of April 2012,by Nancy Tyra-Lukens and Rick Getschow, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 17, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.C. Randy L. Slick Final Plat Report of City West Public Works /Engineering Corporate Addition Requested Action Move to: Adopt the Resolution approving the final plat of City West Corporate Addition. Synopsis This proposal is for the plat located at the southeast quadrant of Shady Oak Road and Highway 62. The plat consists of 71.46 acres to be platted into two lots, right of way dedication for street purposes and ten outlots. The proposed United Health Group site development includes the construction of four multi-story office buildings and three parking ramp structures to be constructed in phases. In addition to the new buildings and parking structures, the project will include additional area site improvements such as public transportation improvements, utility infrastructure, sidewalks, and trails. Background Information The preliminary plat was approved by the City Council on September 20, 2011. Second reading of the Rezoning Ordinance and final approval of the Developer's Agreement was completed on March 6, 2012. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$10,650.00. • Receipt of street lighting fee in the amount of$3,742.20. • Receipt of street sign fee in the amount of$1,209.00. • The requirements as set forth in the Developer's Agreement. • Provide a list of areas (to the nearest foot) of all lots, outlots and right-of-ways certified by surveyor. • Prior to release of the final plat, Developer shall record and provide proof of filing the Development Agreement at the County Recorder and/or Registrar of Titles. • Prior to release of the final plat, Developer shall provide to the City a current title insurance policy. • Satisfaction of bonding requirements for the installation of public improvements. • Revision to plat to include drainage and utility easement over the most easterly storm sewer infiltration system. • Prior to release of the final plat for the Property, Developer shall submit a Conversation Easement for review and approval by the Director of Parks and Recreation Services over that portion of the property as delineated on the plans as Outlots A and C. • Prior to the release of the final plat, an Assessment Agreement shall be signed by the Developer for the Traffic and Road Improvements in an amount not to exceed $10,550,000 for Phase One Improvements, $8,280,000 for Phase Two Improvements and$6,210,000 for Phase Three Improvements. • Prior to the release of the final plat for the Property, Developer shall submit to the Environmental Coordinator and receive the Environmental Coordinator's approval of a Wetland Plan. • Prior to the release of any final plat for the Property, Developer shall submit an easement for review and written approval by the City Engineer that grants to the City for the benefit of the public ingress, egress, access and use over the north-south internal private road and over the five foot wide concrete sidewalk along the east side of the north-south internal road. • Prior to the release of the final plat for the Property, the Developer shall enter into the Environmental Indemnity and Hold Harmless Agreement. • Provide a list of areas (to the nearest square foot) of all lots, outlots and right-of-ways certified by surveyor. • Revision to plat shall include additional drainage and utility easement over the public sanitary sewer north of City West Parkway. • Revision to plat shall include additional drainage and utility easement over the easterly storm water underground infiltration system. Attachments • Resolution • Drawing of final plat CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2012- A RESOLUTION APPROVING FINAL PLAT OF CITY WEST CORPORATE ADDITION WHEREAS, the plat of City West Corporate Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: A. Plat approval request for City West Corporate Addition is approved upon compliance with the recommendation of the Final Plat Report on this plat dated April 17, 2012. B. Variance is herein granted from City Code 12.20 Subd. 2.A. waiving the six- month maximum time lapse between the approval date of the preliminary plat and filing of the final plat as described in said engineer's report. C. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners of the subdivision of the above named plat. D. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on April 17, 2012. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk CI T V WEST CORPORA TE ADDITION R.T. DOC. NO. C.R. DOC. NO. KNOW ALL PERSONS BY in6J0 PRESENTS That United HeolthCare Serviced Inc.,a Minnesota corporation,fee owner of the following described property situated/n the County of l Mark R.Salo do hereby certify that this plot was prepared by me or under my direct supervision;that I am a duly Licensed Land Hennepin,State of Minnesota,to wit: Surveyor In the Stole of Minnesota;that this plat is a correctrepresentotion of the boundary survey,that all mathematical data and labels are correctly designated on this plat;that all monuments depicted on this plat have been, will be correctly set within one year; That part of the East 43 as of the Northeast Quarter of the Northwest Quarter of Section 1,Township 116,Range 22 laying Southwesterly of the Southwesterly right—of—way that all water boundaries and wet lands,as defined in Minnesota Statutes,Section ,Subd.3,as of the date of this certificate ore lines of State Highway No.62,per Book 2622 of Deeds,page 255,and its Westerly continuation. shown and labeled on this plat;and all public ways are shown and labeled on this plot.plat. Together with: Dated this day of 20_ That part of the following des,/bed parcel lying Northerly o/a line 393.17 feet Northerly of,as measured at a right angle to the South line of the North Half o/the Northwest Quarter of Section I,Township 116,Range 22: That port of the Northwest Ouarfer of the Northwest Ouorfer of Section I,Township 116,Range 22 lying West of o line drawn from o point on the North line of said Northwest Quarter of the Northwest Quarter distant 282.5 feet East from the Northwest comer of said Northwest Quarter of the Northwest Quarter to a point on the South line of sold Northwest Quarter of the Northwest Quarter distant 282.5 feet East from the Southwest corner of said Northwest Quarter of the Northwest Quarter; Mark e0 Salo,Land Surveyor Minnesota License No.43933 Except that Beginning O/said Tract which Zees South o/a fine drawn , feet East o,the fell22,ng described Line A: Line At om sand of a point on the 95ud tree O/Section 36,Township Is Range 22 distant Westt feet Easterly o/the Southwest c said Section p0:thence run Southerly from said lino be a crbe o/en degrees t60 hem t seconds a wed from the to South/w o matter referred 1,638.23 O feet to the actual point of Northerly of theists to be described:hence deflect to the right 180ctle9rees for as distance of 840 feet to point thereinafter ref red to as Point A'thence continue Northerly for a distance of 200 feet and there terminating. STATE OFMINNESOTA except that part of the above described tract which Iles West of the following described Line N. COUNTY OF Line e: cBeginning des Point•he on the above the left Line re^. thence run E sec at rife anises c said Line A for a hies t of 01 Net to the actual point of beginning This instrument a acknowledged be/ore me on this day of 20_by Mork R.Salo,Land Surveyor, of the line to be described;thence deflect to the fait 88 degrees 34 minutes 04 seconds for o distance of 600 feet and there terminating. Minnesota License No.43933. Also except that part of the above described tract which Iles Northerly of a line drawn parallel with and distant 40 feet Southerly of the following described Line 0: Dos Beginning at a poi o/Sec Tow ship 116,Range 22,distant 5]].3]feet Easterly of f Northwestof s d Sec then H a d Southwesterly along atangent the nit fed North Section lhaving a of 409.26 feet(delta angle 47 degrees 57 minutes 23 seconds)/or a o1 34255 feet;thence tangent t e for a o/6305 feet;t deflect radius right a ang a tangential c having a a/286.48 leaf(delta angle c42 degrees 15 minutes 00 Notary Pu i County,Minnesota seconds)faraa distance of 211.25 feet;thence tangent thence said curve far a distance of 326.31 feet and there terminating. My Gommisslm Expires Together with: Eden Peek/N MINNESOTA This plot of CITY WEST CORPORATE ADOIDON IV Os approved and accepted by the City Council of Eden Prole,Minnesota,at a regular The North 350 feet of the West 164.15 feet of that port of the Northwest Quarter of the Northwest Quarter of Section 1,Township 116,Range 22,lying East of a line drawn from meeting thereof held this day of 20_ if applicable,the written comments and recommendations a point on the North line of said Northwest Quarter of the Northwest Quarter distant 282.5 feet East from the Northwest corn,of said Northwest Quarter of the Northwest of the Commission,of Transportation and the County Highway Engineer have been received by the City or the prescribed 30 day period Quarter to a point on the South line of said Northwest Quarter of the Northwest Quarter distant 282.5 feet East from the Southwest corner of sold Northwest Quarter of the has elapsed without receipt of such comments and recommendations,as provided by Minnesota Statutes,Section 50503,Subdivision 2. Northwest Quarter. CITY COUNCIL OF EDEN PRAIRIE,MINNESOTA EXCEPT Not port of the above described land lying Northerly of the followln9 described line: Confide,.g a a point on the North lineof said Northwest Ouarler of theNorthwest s Quarter distant 57737 feet Eost from the Northwest cc il of so Northwest Quarter of the Northwest Quorter;thence south,a right angle t of 40 feet to the point of beginning of the line to be described;thence Southwesterly o distance of 309.07 feet along a curve which le tangential to a line parallel with said North line and concave to Me Southeast and ha in having a radius of 369.26 feet and o central angle of 4]degrees 57 mutes 23seconds;thence Southweste.,,tangent to said curve.o BY Mayor By Manager distance of 6305 feet and there terminating. Together with: Thot port of the f000cing described parcel lying Northerly o1 0 line 393.17 feet Northerly of,os measured of a right angle to the South hoe of the North Half of the Northwest Quarter,Section 1,Township 116,Range 22: TAAPAIER SERVICES DEPARIAIO4T.Hennepin County,Minnesota That Part of the Northwest Quart,of the Northwest Quarter,Section 1,Township 116,Range 22,described as beginning at a point on the South line of said Northwest Quarter I herebycertify that foxes payable in 20_and prior have been pall for land describetl on this plot,dated this cloy of the Northwest Quarter distant 282.5 feet East from the Southwest corner of said Northwest Quarter of the Northwest Quarter;thence East along said South line a distance cer iy yo years hy o of 55].5 feet;thence North to o point on the North line of said Northwest Quarter of the Northwest Quarter distant 840 feet East from the Northwest comer of said 20� Northwest Quarter of the Northwest Quarter;thence West along sold North line to a point 57737 feet East from the Northwest corner of sold Northwest Quarter of the Northwest Quarter;thence South at a right angle a distance of 40 feet;thence Sauthwest,ly a distance of 309.07 feet Bong a s tangential too line parallel with said North line and concave to the Southeast and has o radius of 369_26 feet and a central angle of 47 degrees 57 minutes 23 seconds:thence ShcOsetsterly,tangent to Mark V.Chapin,Count Auditor said curve to an intersection with a line drawn North from the point of beginning to a point on the North line of said Northwest Quarter or the Northwest Quarter distant 282.5apin• Y By Net East from the Northwest corner of said Northwest Quarter of the Northwest Quarter;thence South along the lost described line to the point or beginning; Deputy EXCEPT that part of the West 164.15 feet of the above described fond lying within the North 350 feet o/sold Northwest Quarter of the Northwest Quarter. TogeM,with: Mot port of the following described parcel lying Northerly of o line 393.17 feet Northerly of as measured of o right angle to the South line of the North Half of the Northwest 9/RYEY MOWN,Hennepin County,Minnesota Quarter of Section I,Township 116,Range 22 Pursuant to MINN.STAT Sec.3838.565(1969)this plat has been approved this day of 20� That part o/the Northwest Quarter of the Northwest Quarter of Section 1,Township 116,Range 22,described as beginning at a paint on the North hoe of said Northwest Quarter o/the Northwest Quart,distant 840 feet East from the Northwest owner of said Northwest Quarter of the Northwest Quart,;thence South to a point on the South William P.Brown,Count Surveyor line of said Northwest Quarter of the Northwest Quarter distant 840 feet East from the Southwest c of the said Northwest Quarter of the Northwest Quarter:thence East Y Mr By along said South line a distance of 30.94 feet,more Or less,to the Southwest c of the East 63 a of the North Holf of the Northwest Quarter Of said Section 1, thence North along the West line of the East 63 oc of said North Holf of the Northwest Quarter to the North line of said Northwest Quarter of the Northwest Quarter; thence West along sold North Ilne a distance of 88.53 feet,more or less,to the point of beginning. Togelh,with: RELYSTFAF OF TITLES Hennepin County,Minnesoto That part of the West 20 acres o the East 63 acres of the North H0 o/the Northwest Quarter,Section 1,Township 116,Range 22,Hennepin County,State of Minnesota lying I hereby certify that the within plat o/CITY WEST CORPORATE ADDITION was filed in this office this day o/ Southerly o/the Southerly right of line of County Road No.62 and0 lying Northerly O/o line 393.17 feet Northerly of,as measured at a right angle to,the South line of the _20 at o'clock .M North Hal/o/the Northwest Quarter,.said Section I.occor,n9 to the U.S.Government Survey thereof Together with: Registrar of Titles By Outlof A,Opus II 2nd Addition,Hennepin County,Minnesota. Deputy Has caused the some to be surveyed and platted as CITY WEST CORPORATE ADDITION and does hereby dedicate to the public for public use forever the public ways and also dedicates the easements as shown on this plat for drainage and uteity purposes as shown on this plat and also dedicate to Hennepin County the right of access as shown on this plat. COUNTY RECORDER,Hennepin County,M/nnesota In witness whereof said United HeolthCare Services,Inc.hos caused these presents to be signed by its proper officer this day of 20 I hereby certify that the within plot o/CITY WEST CORPORATE ADDITION recorded in this office this day of 20 of o'clock UNITED HEALTHCARE SERVICES INC. County Recorder By Deputy By Restw Johnson,Vice—President Real Estate Services STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day o/ 20_by Restor Johnson,Vice—President Real Estate Services of United HeolthCare Services,Inc,a Minnesota corporation,on behalf or the corporalton. ryq.ow.) foie m,1 Notary Public, County, My Commission Expires Westwood Professional Services,Inc. Sheet 1 of 5 sheets CITY WEST CORPORATE ADDITION „,,,,,„.,....,, R.T. DOC. NO. Frerg.'17'777 e 0 point 5,0.t cost C.R. DOC. No. n 2,7°.11”,ti-7 o2,70,*,'.n,”..“'".-' „, N01427151 9<-,--,.--- 1 NO2..,00 _N8.5.°24.0, 53,6 ______ 1 50243220T \ .87-27...4;"WEST__.„., ---,-.N.:7:-.,-,33.01 l''''' I e<---••. --—-rnao,.., ..north.of the NE 1 0-ound Hennepin County Cost.n I ,,---- 351 t . .N. _T________F____________________________ ___________ / Arom,,ent) sap 587.27.40V 244.10 /,/I 1!. 18453 30" &; ''33:2-4-------,.._'303843.9.39'E N ------..._• 140,397, -.- 00 I ---——_ 'N i I,,Eil r .e. •;\vtvor.z%2 ., s_northe.COrner of the NE,':,'F'0 S S T'OW P,X,,, tie'r7- •, ,,,,,,,,P,,o:9 es, ....,. L-round LS 1 m,n0,.. oZ,,,=, /I i -----...4,'4.4.''. 4.,4.45. N 1.. (..nd Henn.County C.t ,ti.'`''' 'e''' ! •,,,,,,,,,„..\,7,,,,,,,4„ ,,,,..., L Iron Monument-nosing y —_ 4 corner monument Is 0.0 feet I I R 4*`45 i%,-' \. ''',,, `,bey..;;6‘ south of the north Ilne of OUTLOT 1 , I c. id: 7.9,§::,,: ."0:_ja.:t: ,:'.,* ,-,,v..., Section I) I \ . I -1'4i4692' Vi'''-4) .:Psi'1 ' ' \ ds ''''o,":= •:"P i t $1 I, ,,,,,,, „...„:,-;, 0 •,...-, .- 1 \ 1 d S .._..„.. j•'' I 1'', '\ 1 g L'''' 1 41 — ,I c.,1 o I .74,ETT.,W,T 32°'?'l''''',0,--., •.;,,Ae L—_.... /_-• ',1 I___l__—---1 : \ P. -- -=' ,,..\, , ,, ti V1-", \ 4, '':‘ ,. ,,, 1 \ c",',I ,',•-, \\V 1 t' "Z°Z,1='°' ---, , I 1 ,7,,:117,,°44-, VI 'OUTLOT 0 -,'fr, •4..2,_, .gi, '('''<-(‘')ss‘ I 1 LOT 1 ' *- -%- T 'iN's 1?„,) I ciuilii,:j-/.2,"'" \ Ii:3P9° LOT 1 1 i I „--1 — BLOCK 2 .4 1 ......„' -"t 4 I I \ i i I .-.... BLOCK 1 , ,---• 4;k4'19° \\ t:1 1,,°;', 5.1.Vo \ Kr. il 1 S I t 1 AGET A i`,/ 1 t...:t. 1 i ` 41:". c,, Iv; I 1 (,...sheet 3 of 5 sheets) ..4 j `"r, I .. . 1 OUTLOT E I 1 i ...est line of MB Eost ' MET C;I il (s..ne.t 5 of 5...es) \I 1 4 1 \--\ ':-° \ •4, w'',Ai 1 I 1 ,,,,,, 08.3,,r , t,,he 14 1/2 INSET Ei (s...n..e a of 5 sheets) OUTLOT 0 , 1,rou.Hem. j:County LIM I \ I 1 I .t... I 1 0''..,,,P,.• I, I I1 ••,, --,. 9. K..‘ OUTLOTI..1 1 0' re,) I -- I „46‘1,-;--:,_-____--4.:,4:110 I 02 23r \:‘,..„-,-CITY WEST PARKWAY .,,,,,,, 780.17 found 1/2....n --.„,..- I sC) 4 ,r‘k, ..., • -„ .589421'57T ---- / 134312 ----"' ‘PI:tt n \\‘-i \ ', ''17,' I 2 WEfT PARKWAY ,..< / \.,CITY 1 I V,'c':',7 FOURTH \ AD 0 1 4 1 a it 1 i r Ir 1 t r 2\‘‘/ 14' I ! .„ OUTLOT B\ \r'1 Ilne parollel to ond ,.',/..1, I I \1 , .ZC 2,/ '1•/ 1 % PI 16, \ ,.. ,, YYL_,I / ,.,..or ine nnv r/4. ----- --------t±------,- 1 \ OUTLOT C - t \ ,.,1 , et.rkb, ,s-s:s's I I \\,4, \ :4 PI I ' I I 1\ \ ',9. 4' I I\ I ti \ \\ soufh 1 TroVrito=o'f%e"'ff \ \ Me of t r171.talTZNIr 1,4', I \ 1 r- line of the NW 1/4 of.NW 1 i I/.1 of the NW I/4. 1/4 of Seo.1. \ \ , I/4 of fhe NW 1/4 ,, , _1 24835 900,1 ' found LS 1.305 • ‘,• -- .--1,.t •.'--\ \ ao --- ''',-.5elaa \ \ / S89421'57"E 1149.21 /of.9.. \ \ I _,."17-1.I ',11 EST F , OURTH ,,„,,,, / PRarELAAID 5TH ADO ' \ \ I _12... 0-ound Hennepin County%t'Ir1.1'."''''' .5.776:rse .-72:s5;i,-—-- I The east line of the NE V4 of the NW V4 is assumed to bear N 01°27'15"W.. 0 Denotes 1/2 inch by 14 in,iron monument set and marked by License No.43933 9, .'21"S" 100 0 100 200 SOO No monument symbol shown ot any statute required (c7c7Ira'n7:nten't5"' '''' Westwood location indicates a plat monument that will be set. • Denotes iron monument found and marked Sc,e in Lee, and which sh,be in place on or before the 1st with LS 23958 or other as shown. * Professional Services,Inc. day of Ma,2013. Sheet 2 of 5 sheets CITY WEST CORPORA TE ADDITION R.T. DOC. NO. INSET A C.R. DOC. NO. (From sheet 2 of 5 sheets) N01°2775'W°E 5 °n0.h, 33.Ofi —1—_-- aoaaa I ,-a0a,of..a.e, — — I i zL "5 I I oaf I I g 3l e — _ i•. I e OUILOT 1I • aria _ ytp;n C I s, M b r'' bronvge a r ore(ou o/ \\ $ — 1 1` 'rva4 s'nl a o V. ii 1 II/ I artrol r \ kpo ral b g, I J u R S Im I gE 4 � .rvb J 1 '� 1_ 18e j 60 0 60 120 160 ja ao e$• Iry$1 195V Scale . feet II . \ _ S Y��,. I 1�L-514163a ag af.erl d a± $ g " 40.00 \ .— �"L.c 0o a '°8 S02°32'20 73 '- —;g>3�a: aV.r. ---- '' J Wrsm« o-�a, ----- ,‘,Ps 0,1 J I ns^h aa.a = � n,s — — >__ —1�5 R~,0-5,`.:__.3a.J 'I A' 2m M .. o $ so3°aa'1s't zoals H ,} R L 3 m r % uan_oaaaon_'�', N -- h 1as _a4.e_ Ypv �` ______rho sssvw'c J su ,\ a, ;,« 1 — , spp x 03 W .aa -g rc w i errs 1s41 I LOT 1 R N£ 'Ask b'2J"_e ';s I BLOCK 1 oa.'asaruro9tc•�9s `�%& Shy 1 II -- ----"{— —+---a rude, $ 4 e r • N.A.`\ hoc°a1' w ery� a° 4. a a `�eua—ra> ----i re '`ST�d�k ., 1 a, xas°4o,sw xaez h Sa...AM ' `\ — Doc he.a_er —_— -� _ e4.xs ___— .."., ,, _-�— e e~ _ 500'04rrr NO8'137)8•* 357.88 �'k �y ------ _ 1ess.00 --5ae°207 16000 _ _. f. o.1'yQAK ROAD 505°47'12"E 475.41 t <N The easterly line of the NE 1/4 of the NW 2 1/4.assumed to bear N 01.27'15"W. o Denotes 1/2 inch by 14 inch iron monument set antl marked by License No.43933 No monument symbol shown monument that statute required set, Denotes iron monument found and marked Westwood lad which spates plot nu ent that will b1 t, • with LS 23968 or other os shown. datl which ch. 0e in place on a be/ore the 1st day of March.2013 Professional Services,Inc. Sheet 3 of 5 sheets CITY WEST CORPORA TE ADDITION R.T. DOC. NO. INSET B .3 H°NI. W C.R. DOC. NO. (ROM sheet 2 of 5 sheets) ' -- \`h Haim, �'`t° I a�`' • = �' _ �,f �,gib. h6; I:" y�b _ _ In No6m 2,,s° �� E°, t .sue\ l _ °_a -44 m�q.�°4 hsA ,xas —. w �Ir° / a , 1% ie3 e m ce9.m w.n°ae� \�) \ / �, a/wi°ar° ° \ a,°Ir,°a.a uwn ��'u: S. g6 x E o101 �n°mw9 euea;y Easement / iioi.rw'l''—a"°r _ I F OUILOT B -cdw°r..nond �� LOT 1 / 1 samul wi WETLAND �__sari J` BLOCK 2 ) WETLAND \ -e""-\ R.y1Boje. ," ss. 1'.-e.av w i Y '$� °r °a° an°e a °rer al°r e 3 "° / �� Sov,_ Po fz�s. ryo� — — W `_21 �an �e 1 i- ii j''''' 1 6ZI:rsE hy'�,°�° \. —. ,.., °„o6m ,o,zeNe� �.\ / / / --°°� I ,,500 P^mat h,�°°a,',t,T ,, ' / % / so o so 12o Tao 'i?cm�`e 160�' \ m LJ�7 \• .5 /. / i s"i�scale In of \ 'wsf v R° ,s.n m.xp ,e O'A \ `-/ ) 1 � i— / ^L----�4 501°27'16E 39.143 3 \ 7 _. \ nl riX _ / / nr. I h�m \ \ f%tot ne Nw H rme;' /- \. -/ WErzAN� I a o1 �_ « akm ram„ \ \ 1 gym . q \ \ V 4 /- WETLAND w �\� \ Nw%a.11 or \ u the NW,i I s � 1' it mire. . S,/, lV W r Is m CO..°taOr \ / qdE ' 2° I W o w joa \�,q° \ T �i. R.'.i, . 'Y _ / Norm Its sa Jim Pwf n!n d a .4<,a634 I LOT 1 ° • e q P o1, "'°-Ias, BLOCK 1 \ II- I N L' 8i I`• `& hgM .soda �" c°..,,Mt i+i way mebxw r%si — sat4249 t N01°27'151W=0 _1 3.I01 i z sngrba•W \ z°eza '--. Ig ' --- ---- -- I WETLAND S p. 7//4 es satsym d too ber N Io/°42 7f,5h ew N.W s 1 I res.,ar utI ltE« 1 �£e°e°I rox°ne 1/2 inch b 14 inch No monument symbol shown at any statute required I o Denotes marked by L License Nofon 43933ument location indicates a plat monument that will be set, and which shall be in place on or before the 1st ^�, 904933,, • Denotes iron monument found and mocked day of March,2013. z09B 1 • withGS 23968 or other as shown. JII,I Westwood b ,+awm rSNOt Professional Services,Inc. Sheet 4 of 5 sheets CITY WEST CORPORA TE ADDITION R.T. DOC. NO. INSET C 95 C.R. DOC. NO. (From sheet 2 of 5 sheets) 4`' o ti �90 lW ��'i s 26 6e ti, L. ' F P.easterly line of the NE I/4 of th '1 e NW ' .,/ d�,,0 1/4 is assumed to bear N 01°27'15"W.. V ,?,1 No monument symbol shown at any statute required k �� 's. location indicates a plat monument that will be set, bry 7<_ h and which shall be in place on or before the 1st A 7 cloy of.march,2013. 1 �%'>. 4??30 b N01°26'38"W b�4' ' B?By N01°27'15'W 35.32 "- bi,4 ,,n __ _ _ —— 106.31 ° Denotes 1/2 inch by 14 inch it n man ent —— ——p C —— _—— -eastline NE,/s set and marked by License No.a43933um of Ina NE 1/e • Denotes iron monument round and marked 6 with LS 23968 or other as shown. O 4. Sky 'fs ____ ,,,, 60 0 60 120 180 </ 3' \Scale feet Fre O \ /n OLRLOT C _, 4 \\y $es or °a utul(t'°sun °Nr dl°I `4 h,• ` ,''T,,, C 2' sky 6''' '' +,yo6k a y j OU/LOT E R • /irv' 'ti �ry LOT 1 • M BLOCK 2 h 0� J,b ,,If \sa,,�°' 000 0003'0 .seer a ' sn'e6 �: . #'' 1 / s° .`S R NaerN IR ka s°) ' — \ 8 : i . ° zw 9, / z / gr,,,,,c5i:, DEN 1,., 'o� ' 0 f a e !•.1 k4 `E 9 �'C 1 OUTLOT N \ .° / / • aM1\Xe O"\ M1ii ac \1 1,,. ` ) �•' J o 0 b D'ab e' o E ra '\ W\ _ _ / h 6 ry tee' `m °°L__ c /. OUlLOT B /- q I Ds0 hry75 •----I�??'� °fi w'{'�,G��4 e Ncwm re. 9 °m we x Dull°K,nml°M-ml nr x °Iwa i°�a enl n,�r°ll°I s s i 's .`s'', Ref.ell 4 u otih ��i'9/p a'o° LOT 1 / ,6$ \.\ \ / WETLAND /. 5 - BLOCK 2 _ Y-a, • N _•i• `— ^; S 8 , �Rh I, / 2Jn/f 14saTs eAr _ _ —i W 8 ,- NORM xase ���. so°ie°�w a°°es / 6a /° _ — — Westwood Nee nm w ,• _ -,a._526 z°.3es 4000 us- Professional Services,Inc. Sheet 5 or 5 sheets CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 17, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.D. Randy L. Slick Final Plat Report of Notting Hill Public Works/Engineering Requested Action Move to: Adopt the Resolution approving the final plat of Notting Hill. Synopsis This proposal is for the plat located at 15640 Pioneer Trail. The plat consists of 9.87 acres to be platted into twenty single family lots and right-of-way dedication for street purposes. Background Information The preliminary plat was approved by the City Council on January17, 2012. Second reading of the Rezoning Ordinance and final approval of the Developer's Agreement was completed on March 20, 2012. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$1,300.00. • Receipt of street lighting fee in the amount of$5,453.20. • Receipt of street sign fee in the amount of$1,171.00. • The requirements as set forth in the Developer's Agreement. • Prior to the release of the final plat, Developer shall execute the Special Assessment Agreement for trunk utility improvements in the amount of$58,622.15. • Prior to release of the final plat, Developer shall record and provide proof of filing the Development Agreement at the County Recorder and/or Registrar of Titles. • Prior to release of the final plat, Developer shall provide to the City a current title insurance policy. • Satisfaction of bonding requirements for the installation of public improvements. Attachments • Resolution • Drawing of final plat CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2012- A RESOLUTION APPROVING FINAL PLAT OF NOTTING HILL WHEREAS, the plat of Notting Hill has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE,BE IT RESOLVED by the Eden Prairie City Council: A. Plat approval request for Notting Hill is approved upon compliance with the recommendation of the Final Plat Report on this plat dated April 17,2012. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners of the subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on April 17, 2012. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen Porta, City Clerk C.R DOC.NO NOTT1NG HILL AVOW ALL PERSPO2 BY THESE PRESENTS Tor PWIe Magner Sr ktinnefore.LTC a 57A TE OF LffMASSOTA MMne.,fa!Coned Nabdily company.is.owner Of lb.155..Mg annenbed prepetty arrueted M CGL/Hrr Pr 1071Cti7 It.Ckonfy of How.ot.Star.of Mirmeeara,to elf. lIla d9afrosraal eve SWaaWedliad aeon.me co Mtn day'of Ira(peel ar Lb.Nrtdeevr Ouoler of the Soethrael Ogwter el Secr1e PC 7e.nenw Ire 2G by Pool E Otto.a Licensed Lome Svrrga: Moron.Runge 2?Obit of Me 5fh P'wtipol Merimblr,rung Toot or rbe SNotedy 66185 teal,N+ansol and North of minter dine of Sbakpaee Rood,EKCEPr fine Eoef-WOO find e1 the Wee!915185 Ieet aY the Nor/h.,ast OVoter of rho Sositrunrst Modeler a1 SeSIte 2r, T andop rf5 North,Fong.22 West Of M.Sfb PrMt5m Werldlan,H.nwepy,Calmly. (Hprory Sbrrofwa) M,v.weacfo rung NOYlhetty of lbe Center Aa.or Courtly Rood Ito f. Has caused the some fa S.autw$d Orin Obottod Of tteMING HI,L and Cr..hereby donole one (Notary Primed Nome) daycare to me PV6o4 for Putbic use Waver Me piratic ways and eoaerwasrs 1 01otapo and oar&Y puyoaes w eim.a ow!ha plat ttttmy PfitCe. Calmly,MMneyele N pertness whereof aced Sidle Homes of dtarf•Oaala.LW has coulee Mese peaaenfa fa ad elgned My Gbem,fsro m E yveo DY fl MOM'a fir.,this_day of 20 PSI 7E Hg0ES OF MItNESOTO,EEC EOEN PRAawE,MVhr1ESO7A This peat of MOT'rreG HILL ace.Cpb.r0O61 and..cored Sy fie City Cemrr a of Ed..Peak,. ear Pelertal. Vita Prestonf Mb'naso[R of v reSdAis matting Merest?mid MIS Wy et 20_ Of eppliLSWe,Me trillsn COMM.!.end recommandalk,.s or the Carnmlasiorta or True eaorPotMa STA TE OF MMWESO7A and It.County Hlghooy Engineer hero tree,,received by MeMyor III prescn0ed 'W day period 572 tin _ has.aromed l SWd.etup. t receipt Or own 2 coroner's mid w+r.onnI0d ro atIone.51 pbderl by Winn. CatNry l The hvegonry m.mfm.nr frcs SCrnaweeaea eerarf me rers coy or - CLIP CA'INCW_OF EOEN PRAtt9[d?NNESOTA 20 ey few Peterson. VR.e A'eatdrnt of Pune lfynee of Ymnmere,+_LC .MI...s.lo tiwfireo 8oberiy company gin _mom- 5y 7irf Manager TAAPA.17f SERL10ES CEP.4500EH>,Hennapin Count);ffinnellla (3fgnature at Nulary) I Sow).OrrIOY Mai farea peynble n Amy_and area,years new beew mob Mr Taro'deycriaed our Moro.),Cnktab Ne noI Ills plat,dared fine day Of 20 Notary PutmL s Lolnryt Mlgnesofa MWto Chopin,Carney A,tdflar 6y C/pufy ity Career/salon Ewes. _ ... - SUP HI'(HK9'Q4,He es:o County Minnesota ✓tea yrf fa MN.STAr.Sea 3829.565(f964), Tel,prat SO,been oppraVed!his day v1 Peal E Otto,do warier certify Mar E4ls pet ens armoured by ma Or finder my eeeef 3'A Stelerr1anl Mar I a,,,a duly Licensed Lang SrveyO'in fins Var.of MrV.esala, that t81s peer ea e correct representation of Me batntory.unapt linet oN matimmafkar data and epees re eoweerly WMIam P.Brawn, Courtly Surveyor ay _ designated on rhis prof: /aef On manofyMle depicted on fhla pfof how boom,se all be COReeNy eel IMAM one pear, /bet all muter baandrlas and net Muds,as chinned h Minnesota Statutes, Section 50.5.01,Sobel.2,as o1 the data al MIS otrfileald are shown and labeled an Mee plot;wad EWC II S5QO5t2R flenneplr County Ylnneaate all pubeie ways are snout sad ta0Ned m arar plot r Rereay saucily loot the Onto Wet Of HOTtN+G MYL was te[ated in Mil slice Mla day of Cl enact�m Dof.d Ihh day of 2C� morein MsCa'tTrk*,belong Caur.4 ..,,,,le ny CepVey Paid E olio.Loosest Lona 5froayw Vhmesoln[!cans.N.,mber OCC162 55SCrATOS Orroosr.d t.ne2arvger.Mc SHEET I OF 2 SHEE rs NOTTING HILL C.R.Q "°Ilk isl }� ,AA I I '� I I 8t:rfpER.:A4•:E L70ili-Li1l' rl`'i[ ?Cr,:' C rrti.= U' jAlia ailIv wL� 7� S1 2.cr;�J.�i c •��xsr-m:wca� _ �1 _�rl I }t r1 L. )-Lki I.k r:.1. il. f - ��` ST R f err r��..:. — 3 — — `— am J,.m 2 1 ,• MITCHELL f ROAD + a [ �� 4::1 r�: Y,�r��':""�.�a-,.r — ..0 xonr ieav —��e .�-�.rs w..rbrw+v ___ un � r _ -LL - 5 1 A • � j � o� Mvra'xr ieew _ �. ee�'.irs k- ` COVE' .. 1 2-'-•.r,�. ..y m`"e."i',9'� " -as„..n,r• r,-"""•.fwt 1, ryr. 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Robert Ellis Approve Final Construction Change Public Works/Engineering Order for the Structural Strengthening of the Salt/Sand Storage Facility Requested Action Move to: Approve Final Construction Change Order for the Structural Strengthening of the Salt/Sand Storage Facility to Greystone Construction Company in the amount of $1, 010.24. Synopsis Bids were received on Thursday, November 17, 2011 for the Structural Strengthening of the Salt/Sand Storage Facility. Greystone Construction Company was the low bidder, with a price of$162,900.00. This final Change Order will bring the total construction price to $163,910.24. This $1,010.24 Change Order covers the cost of inspection and testing of the steel welds by an independent testing firm. Background Information The existing Cover-All facility used to house the City of Eden Prairie's salt and sand material for winter deicing operations is structurally inadequate. A number of similar facilities fabricated by Cover-All have collapsed across the country. A structural review of our facility uncovered it was not designed for the proper snow and wind loading and has the potential for failure. This project has corrected that deficiency. In 2010, Cover-All, a Canadian company, was placed into receivership and was liquidated. Attachments • Change Order Summary 500 S.Marschall Road,Suite 300 Shakopee,MN 55379 G R E YSTO N E Ph:(952)496-2227 CONSTRUCTION Change Order Contractor: Greystone Construction Company Change Order: 1 500 S. Marschall Road,Suite 300 Date: 3/22/2012 Shakopee, MN 55379 Job: BG11-4580 Eden Prairie Coverall Fix Description: Change Order#1 The Contract is changed as follows: CR001 Testing/Weld Inspections $1,010.24 TOTAL: $1,010.24 The original Contract Amount was $162,900.00 Net change by previously authorized Change Orders $0.00 The Contract Amount prior to this Change Order was $162,900.00 The Contract will be increased by this Change Order in the amount of $1,010.24 The new Contract Amount including this Change Order will be $163,910.24 The date of Substantial Completion as of the date of this Change Order therefore is ARCHITECT CONTRACTOR OWNER Greystone Construction Company Ellis, Robert(CITY OF EDEN PRAIRIE) 500 S. Marschall Road, Suite 300 8080 Mitchell Road Shakopee, MN 55379 Eden Prairie,MN 55344-4485 „ef "or Signed Date Signed Date Signed Date Please sign and return Original to Greystone Construction Company REQUEST FOR PAYMENT From: Greystone Construction Company To: City of Eden Prairie Invoice: 23184 500 S. Marschall Road, Suite 300 8080 Mitchell Road Draw: BG11-4580-00004 Shakopee, MN 55379 Eden Prairie, MN 55344 Invoice date: 3/22/2012 Period ending date: 3/22/2012 Contract For General Construction Request for payment: Original contract amount $162,900.00 Approved changes $1,010.24 Project: 4580 Revised contract amount $163,910.24 Eden Prairie Coverall Fix Contract completed to date $163,910.24 Contract date: 12/8/2011 Add-ons to date $0.00 Taxes to date $0.00 Less retainage $0.00 Architect: Dwayne Moench Total completed less retainage $163,910.24 Scope: ARCHITECTS APPROVAL Less previous requests $162,900.00 Certified Amount $ Current request forpayment $1,010.24 By Current billing $1,010.24 Date Current additional charges $0.00 Current tax $0.00 CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS Less current retainage $0.00 Changes approved in previous Current amount due $1,010.24 months by Owner Total approved this Month 1,010.24 Remaining contract to bill $0.00 TOTALS 1,010.24 NET CHANGES by Change Order 1,010.24 I hereby certify that the work performed and the materials supplied to date,as shown on the above represent the actual value of the accomplishment under the terms of the Contract(and all authorized changes thereof)between the undersigned and the City of Eden Prairie relating to the above referenced project. I also certify that the contractor has paid all amounts previously billed and paid by the owner. CONTRACT.-. , reys : r •• .tr -j,, o/•any State Of Minnesota County Of Scott �� By: / � '� � - Subscribed and sworn to before me this �2—day of Date: 3 - O o.-/R Notary Pu My commission expires. REQUEST FOR PAYMENT DETAIL Project 4580/Eden Prairie Coverall Fix Invoice: 23184 Draw:BG11-4580-00004 Period Ending Date: 3/22/2012 Page 2 of 2 Pages Item ID Description Total Previously Work Presently Completed % Balance Retainage Contract Completed Completed Stored And Stored Comp To Balance Amount Work This Materials To Date Finish Period 01 General Conditions 9,610.00 9,610.00 9,610.00 100.00 02 Helical anchors/asphalt demo 37,200.00 37,200.00 37,200.00 100.00 03 Furnish Steel',reinforcing 43,700.00 43,700.00 43,700.00 100.00 04 Erect steel reinforcing 44,870.00 44,870.00 44,870.00 100.00 05 Fabric Building Modifications 27,520.00 27,520.00 27,520.00 100.00 CO1 Change Order 1 1,010.24 1,010.24 1,010.24 100.00 • Totals 163,910.24 162,900.00 1,010.24 163,910.24 100.00 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 17, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.F. Denise Christensen Activate a Deferred Special Assessment Public Works/Engineering under Minn. Stat. § 273.111 (Green Acres) Requested Action Move to: Adopt the Resolution to activate a deferred special assessment under Minn. Stat. § 273.111. Synopsis On October 15, 2002, the City adopted a resolution levying special assessments for the Cedar Forest project. Parcel 20-116-22-34-0023 was assessed $1,461.00 for this project. Due to the parcel's status as a qualifying agricultural property under Minn. Stat. § 273.111 (Green Acres), the parcel's levied special assessment was deferred and it has not been collected by Hennepin County with the parcel's property taxes. As of September 27, 2011, the property lost its status as a qualifying agricultural property so the deferred special assessment plus interest are now payable in equal installments spread over the time remaining of the original special assessment term. Hennepin County requires a formal Resolution from the City Council in order to begin collecting the levy with the parcel's property taxes. Attachments • Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2012- A RESOLUTION TO ACTIVATE A DEFERRED SPECIAL ASSESSMENT UNDER MN STAT. § 273.111 WHEREAS, Green Acres is a tax deferral program for certain qualifying agricultural properties pursuant to Minn. Stat. § 273.111; and WHEREAS, on October 15, 2002, the City of Eden Prairie adopted Resolution No. 2002-172 levying multiple special assessments, including for project I.C. 99-5491 —Cedar Forest (the "Special Assessment"); and WHEREAS, the Special Assessment for Parcel P.I.D. #20-116-22-34-0023 (the "Property"), was $1,461.00, payable in equal installments beginning in 2003, over 20 years at 8.5% interest; and WHEREAS, due to its status as a qualifying agricultural property under Minn. Stat. § 273.111, the Property's Special Assessment was deferred for as long as the Property remained a qualifying agricultural property under Minn. Stat. § 273.111; and WHEREAS, as of September 27, 2011, the Property lost its status as a qualifying agricultural property under Minn. Stat. § 273.111; and WHEREAS, under Minn. Stat. § 273.111, "when such property no longer qualifies under subdivision 3 or 3a., all deferred special assessments plus interest shall be payable in equal installments spread over the time remaining until the last maturity date of the bonds issued to finance the improvement for which the assessments were levied"; and WHEREAS, Hennepin County requires a formal resolution from the City Council regarding any changes to a levied special assessment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Eden Prairie: That the Special Assessment levied upon the Property by Resolution No. 2002-172, plus accumulated interest, is activated and is due and payable in equal annual installments, beginning in 2012, over 11 years at 8.5% interest. ADOPTED by the City Council of the City of Eden Prairie this 17th day of April, 2012. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 17, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 12-5808 ITEM NO.: VIII.G. Mary Krause Award Contract for 2012 Street Striping to Highway Technologies, Inc. Public Works/Engineering Requested Action Move to: Award contract for 2012 Striping to Highway Technologies, Inc. in the amount of $64,559.00. Synopsis Sealed bids were received Thursday, April 5, 2012, for the 2012 Striping project. Three bids were received and are tabulated as follows: AAA Striping $ 104,330 Century Fence $ 98,380 Highway Technologies, Inc. $ 64,559 Background Information Street striping is an annual street maintenance project. The budget for 2012 is $87,500 under budget#1713-6337. Staff recommends award to Highway Technologies, Inc. Attachments • Bid Tabulation 2012 Street Striping Bid Tabulation City Street Striping City of Eden Prairie Project I.C.#12-5808 Highway Technologies,Inc Century Fence Company AAA Striping Service Co. NO DESCRIPTION EST.QTY. UNIT UNIT UNIT UNIT PRICE TOTAL PRICE TOTAL PRICE TOTAL 1 4" Striping(includes Broken/Solid/Double Solid) 76,000 L.F. 0.045 $3,420.00 0.13 $9,880.00 0.12 $9,120.00 Yellow or White Paint-Latex 2 4" Striping(includes Broken/Solid/Double Solid) 144,000 L.F. 0.180 $25,920.00 0.23 $32,400.00 0.23 $33,120.00 Yellow or White Epoxy Resin 3 6" Striping-White Epoxy 1,000 L.F. 0.270 $270.00 0.60 $600.00 3.00 $3,000.00 4 8" Striping-Paint 100 L.F. 0.090 $9.00 0.80 $80.00 0.49 $49.00 5 8" Striping-Epoxy 100 L.F. 0.360 $36.00 1.50 $150.00 1.00 $100.00 6 12" Stop Line-White Paint 100 L.F. 2.000 $200.00 4.20 $420.00 1.25 $125.00 7 12" Stop Line-White Epoxy 100 L.F. 2.500 $250.00 4.50 $450.00 4.80 $480.00 8 24" Stop Line-White Paint 50 L.F. 4.000 $200.00 4.50 $225.00 2.50 $125.00 9 24" Stop Line-White Epoxy 100 L.F. 5.000 $500.00 6.50 $650.00 7.81 $781.00 10 Crosswalk Blocks-White Paint 500 S.F. 4.000 $2,000.00 2.90 $1,450.00 1.50 $750.00 11 Crosswalk Blocks-White Epoxy 9,600 S.F. 2.200 $21,120.00 3.90 $37,440.00 4.80 $46,080.00 12 Pavement Message(Arrow)-White Paint 10 EA. 23.400 $234.00 85.00 $850.00 25.00 $250.00 13 Pavement Message(Arrow)-White Epoxy 80 EA. 85.000 $6,800.00 105.00 $8,400.00 80.00 $6,400.00 14 Pavement Marking Removal 100 L.F. 1.000 $100.00 0.40 $40.00 1.00 $100.00 15 R.R. Crossing-White Epoxy 2 EA. 400.000 $800.00 850.00 $1,700.00 450.00 $900.00 16 Remove Message 100 S.F. 3.000 $300.00 2.00 $200.00 3.00 $300.00 17 12" Crosshatch-Yellow Epoxy 400 L.F. 2.500 $1,000.00 4.50 $1,800.00 3.50 $1,400.00 18 12" Crosshatch-Yellow Paint-Latex 100 L.F. 2.000 $200.00 2.90 $290.00 1.00 $100.00 19 24" Crosshatch-Yellow Epoxy 200 L.F. 4.000 $800.00 5.20 $1,040.00 5.00 $1,000.00 20 24" Crosshatch-Yellow Paint-Latex 100 L.F. 4.000 $400.00 3.15 $315.00 1.50 $150.00 TOTAL BASE BID $64,559.00 $98,380.00 $104,330.00 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda April 17, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 12-5807 ITEM NO.: VIII.H. Mary Krause Award Contract for 2012 Maintenance Public Works/Engineering Materials Requested Action Move to: Award contracts for I.C. 12-5807, 2012 Maintenance Materials, as indicated in the attached recommendation of award. Synopsis Bids were received on April 5, 2012 for the 2012 supply of Street Maintenance Materials required to perform annual street maintenance projects including street repair, patching and curb repair and replacement. Attached is a bid summary sheet and a table indicating the material, the recommended suppliers and the unit prices of the material to be purchased. Background Information MNDOT Bituminous and Class 5 Aggregate Materials: Three bids were received for the MNDOT bituminous mixes. A cost analysis of time, equipment and labor for hauling the asphalt from the supplier's plant to the shop indicates the lowest cost to use asphalt supplied from Commercial Asphalt, with Bituminous Roadways having the second lowest cost based on the analysis for the wear courses. The MNDOT non-wear material analysis indicates the lowest cost supplier is Bituminous Roadways, Inc., followed by Commercial Asphalt with the second lowest cost. Due to production capabilities, demand and availability at the plants, staff recommends award of the bituminous mixes as stated above and as indicated on the attached Recommendation of Award. Staff will select the appropriate vendor on a daily basis. A similar cost analysis was done for the aggregates. The analysis for Class 7 (Recycled) aggregate shows the lowest cost to utilize Midwest Asphalt Corporation and Class 5 Virgin aggregate utilizing Barton Sand& Gravel. The low bid for concrete was from Rivers Edge Concrete, Inc. Attachments • Recommendation of Award • Bid Summary RECOMMENDATION OF AWARD I.C. 12-5807 2012 Maintenance Materials 1 Mn/Dot Bituminous Wear(SPWEA240B) Commercial Asphalt $61.60/Ton Bituminous Roadways, Inc. $60.75/Ton 2 Mn/Dot Bituminous Wear(SPWEA240B) Commercial Asphalt $58.75/ton Bituminous Roadways, Inc. $57.40/ton Bituminous Roadways, Inc. $57.40/Ton 3 Mn/DOT Bituminous Nonwear(SPNWB230B) Commercial Asphalt $60.75/Ton 4 Class 7 (Recycled)Aggregate Midwest Asphalt Corporation $7.48/Ton 5 Class 5 Virgin Aggregate Barton Sand& Gravel $5.40/Ton 6 Mn/DOT 2461 Concrete Mix 3A32 Rivers Edge Concrete, Inc. $101.50/Yd.3 I.C. 12-5807 2012 Maintenance Materials Bid Results BIDDERS Bituminous MixWear Bituminous Bituminous Class 7 Class 5 MNDOT 2461 concrete mix Course Mix Mix 3A32 (Recycled) (Virgin) SPWEA240B Wear Course Nonwear SPWEB340B SPNWB230B Barton Sand&Gravel Co. $ 6.85/ton $ 5.40/ton SA-AG,Inc. $ 5.18/ton Bituminous Roadways $ 60.75/ton $ 57.40/ton $57.40/ton $ 5.44 /ton Bryan Rock $ 8.71/ton# Commercial Asphalt Co. $ 61.60 ton $ 58.75/ton $60.75/ton Kraemer Mining&Materials, $ 7.39/ton $ 7.82 Inc. /ton Midwest Asphalt $ 7.48/ton Mueller&Sons $ 7.81 /ton $6.69/ton Shakopee Gravel,Inc. $ 7.47/ton Cemstone Products Co. $ 117/Cu.Yd.* AVR,Inc.&Affiliates $ 110/Cu.Yd.** Rivers Edge Concrete,Inc. $ 101.50/Cu.Yd.*** Chard Tiling&Excavating $62.95/ton $61.75/ton $60.95/ton $7.60/ton $5.25/ton * $80/Load short load charge ** $100/Load short load charge *** $90.85/Load/short load charge #limestone CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda April 17, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 12-5815 ITEM NO.: VIII.I. Leslie Stovring Approve Service Agreement with Volt for Public Works/Environmental Conducting Watercraft Inspections Requested Action Move to: Approve the Service Agreement with Volt Workforce Solutions for watercraft inspections at 5 lakes within the City at a cost of$31,323. Synopsis Riley-Purgatory-Bluff Creek Watershed District (RPBCWD) has requested that the City of Eden Prairie establish a municipal aquatic invasive species inspection program. To aid in this effort, the District voted to allocate $50,000 to the Cities of Eden Prairie and Chanhassen to supplement the funds already set aside by the cities for 2012. The City of Eden Prairie would receive half of this amount. Volt Workforce Solutions (Volt) was contacted to provide an estimate to conduct inspections at lakes within the District as they have previous experience in providing this type of service. The costs above the grant will be paid by the Parks Department in lieu of hiring a parking attendant for 2012. Background Information On March 14, 2012 RPBCWD sent a letter acknowledging the City's efforts in establishing an aquatic invasive species (AIS) program. The Board of Managers stated that they felt that the best approach at this time would be to assist the cities in establishing an inspection program for public boat accesses. It was assumed that inspections would be targeted at lakes recognized as having regional significance, such as Riley, Lotus and Ann. However, the grant was not intended to limit inspections to these lakes but would be allocated to other lakes with public motorboat access (Mitchell, Red Rock, Round and Staring). It is their hope that implementation of the inspection program will help in stopping the spread of invasive species such as zebra mussels. Volt was selected to help establish a watercraft inspection program as they have experience with Minnehaha Creek Watershed District and the Lake Minnetonka Conservation District. On March 22, 2012 a meeting was held with Volt, RPBCWD and Chanhassen to discuss an AIS monitoring and inspection program. A preliminary schedule and rate of payment was discussed. The attached contract summarizes this information. The City will also provide new signage meeting current DNR guidelines for AIS education, hire an intern to supplement the inspection hours and work with the District on weed harvesting. All internship hours would be paid out of the City's water quality education program. Any other expenses would be paid out of the stormwater utility. Attachments • Contract from Volt Workforce Solutions. • RPBCWD Letter Dated March 14, 2012 Service Agreement Between City of Eden Prairie And Volt Workforce Solutions This Service Agreement (the "Agreement"), is entered into as of April 18, 2012 ("Effective Date") and ends September 5, 2012, by and between the City of Eden Prairie, hereinafter called the "City", and Volt Workforce Solutions, a division of Volt Management Corp., hereinafter called the "Contractor". CONTRACTOR SERVICES Contractor shall provide watercraft inspectors at selected public accesses during the 2012 boating season. The scheduling of these watercraft inspectors will be done by the Contractor, at times and locations specified by the City. The purpose of this Agreement is to assist the City in preventing the introduction of new Aquatic Invasive Species (hereinafter called "AIS") into area lakes through AIS education and inspections. The primary contact for the Contractor is Amy Poppler, and Leslie Stovring is the primary contact for the City. The secondary contact for the Contractor is Wendy Berkowitz, and Stuart Fox is the secondary contact for the City. AGREEMENT SPECIFICATIONS 1. The Agreement shall commence on May 1, 2012 and continue through September 5 2011. The total amount of compensation to be paid to the Contractor shall not exceed $31,323 for the time period as aforementioned. 2. Inspections will be conducted at the following public access points: Mitchell, Red Rock, Riley, Round and Staring Lakes. The City will determine what access points will be inspected by the Minnesota Department of Natural Resources and assign other access points to the Contractor if needed. No later than noon on Tuesday of each week the City will provide the Contractor with a schedule for the following Friday, Saturday and Sunday; and the following week indicating the launch ramp(s), days and hours for inspection by the Contractor. The City will provide the Contractor with a schedule for holidays on other days at least four(4) days before the holiday. 3. Inspections shall be assigned to the Contractor during the following times: Monday, Tuesday, Wednesday and Thursdays (4 p.m. to 8 p.m.); Fridays (11 a.m. to 7 p.m.); and Saturdays, Sundays, and Holidays (6 a.m. to 8 p.m.). Inspections outside of these hours shall be conducted by the Contractor only with the mutual consent and agreement of the City and the Contractor. The maximum total number of watercraft inspection hours for these days from May 27, 2011 through September 5, 2011 is 1,700. The actual number of inspection hours may be fewer than 1,700 and will depend on the inspections provided by the Department of Natural Resources ("DNR"). An additional amount ($2,500) shall be allocated for miscellaneous expenses such as shirts, caps, equipment etc. 4. No more than five (5) access points per day shall be assigned to the Contractor. Assignment of more than five (5) access points per day requires the mutual written consent and agreement of the Contractor and the City. 5. The Contractor will provide all necessary supervision to assure that the Contractor employees satisfactorily perform their duties under this Agreement. The City will reimburse the Contractor for such 385148 CLL LK110-4 supervision at the rate of$15.75 per hour for services actually performed, up to a not to exceed amount of $1,260. Supervisory expenses incurred in excess of$1,260 shall be borne by the Contractor. The Contractor shall consult with the City regarding scheduling of supervisors. 6. The Contractor will be responsible for assuring that a sufficient number of employees are trained to satisfactorily perform its obligations under this Agreement. The City will reimburse the Contractor for employee time at such training at the rate of$15.75 per hour up to a total of $788. Training expenses incurred in excess of$788 shall be borne by the Contractor. 7. Watercraft inspectors placed by the Contractor shall perform in accordance with the approved position description attached in Appendix A. Responsibilities include: 1) perform public education and watercraft inspection duties, 2) provide timely and accurate paperwork and communication to the City, and 3)follow watercraft inspection policies, responsibilities and procedures as established by the City. 8. The Contractor will provide reports on forms approved by the City showing expenses and actual time spent by time, day, and location. 9. One-day training sessions are planned in mid April and mid May (dates unknown) for watercraft inspectors to be placed by the Contractor. The Contractor will coordinate these training sessions with the DNR Watercraft Inspection Program. 10. The Contractor shall act in all respects as an independent contractor under this Agreement and will be solely responsible for performance of services required hereunder as well as the means and manner of performance thereof. Nothing herein authorizes the Contractor to act as an agent or representative of the City for any purpose. 11. Billing by the Contractor to the City for watercraft inspectors shall be at the rate of $15.75 per hour. The Contractor's billing rate shall include the following: 1) employee's direct rate of pay, 2) worker's compensation insurance, 3) mandatory state and federal taxes, 4) unemployment insurance, 5) recruiting costs, 6) reference checks, 7) applicable skill testing, 8) employee benefits, and 9) documentation and record keeping (Application, W-4, W-2, and Form 1-9). The City will not pay overtime. All expenses should be provided to the City for direct reimbursement. 12. Any amendment to this Agreement must be in writing, and executed by both the Contractor and City. INDEMNIFICATION Each party shall indemnify and hold harmless the other party and its representatives, agents, and employees from all claims, damages, losses, and expenses airing out of the activities of the other party in performance of, or in connection with, this Agreement. This includes, but is not limited to, reasonable attorney fees that are attributable to or a result of negligent or otherwise wrongful act or omission, including a breach of a specified contractual duty, of the other party or the other party's subcontractors, agents, employees, delegates, suppliers, or anyone acting on behalf of the other party. Nothing herein shall be deemed a waiver by the City of the limits of liability set forth in Minnesota Statutes, Chapter 466, and the City shall not be obligated to indemnify the Contractor for any amounts in excess of the limits set forth therein, less any amounts that the City is required to pay on behalf of itself, its officers, agents and employees for claims arising out of the same occurrence." 385148 CLL LK110-4 INSURANCE The Contractor agrees at all times during this Agreement and beyond such term when so required, to have and keep or cause to have and be kept in force, and to cause all contractors and subcontractors to do likewise, the following insurance coverages: 1. Commercial General Liability on an occurrence basis with Contractual Liability Coverage: Limits General Aggregate $1,500,000 Personal and Advertising Injury $1,500,000 Each Occurrence (Combined Bodily Injury& $1,500,000 Property Damage) 2. Automobile Liability- Combined single limit each occurrence $1,500,000 for bodily injury and property damage covering owned, non- owned, and hired automobiles. 3. Worker's Compensation and Employer's Liability A. Worker's Compensation Statutory B. Employers Liability (Bodily Injury By): Accident- Each Accident $100,000 Disease- Policy Limit $500,000 Disease- Each Employee $100,000 The insurance must be maintained continuously during the term of this Agreement, with the insurance coverage by the Contractor shall extend until final payment by the City. An umbrella or excess policy over primary liability coverages is an acceptable method to provide the required insurance limits. The above establishes minimum insurance requirements. It is the sole responsibility of the Contractor to determine the need for and to procure additional insurance that may be needed in connection with this Agreement. The Contractor's and all subcontractors' policies are to be endorsed to include the City as an additional name insured, except for Automobile Liability. A copy of the certificate of insurance must be received prior to the work commencing. PAYMENT FOR SERVICES 1. The City agrees to pay the Contractor a total fee of up to $31,323 covering all services performed in accordance with this Agreement, plus any fees associated with approved change orders. 2. Payments to the Contractor will be paid as services are performed and will be paid within fourteen (14) days of receipt of the Contractor's invoice, which shall be submitted no more than twice monthly. 3. All other expenses incurred by the Contractor in completing the work required under this Agreement will be the Contractor's responsibility. 385148 CLL LK110-4 TERMINATION OF AGREEMENT This Agreement may be terminated at any time and for any reason, by the City on seven (7) days' written notice. In the event of termination by the City, the Contractor is entitled to compensation based on the number of hours worked up to the effective date of termination. NOTICE Any notice, request, demand or other communication required or permitted under the terms of this Agreement shall be deemed to be properly given when deposited in the United States Postal Service, postage prepaid, and addressed to the agent of each party as specified herein. However, when this Agreement requires immediate notice, such notice shall be accomplished by telephone to the designated agent of the parties or by facsimile to the numbers listed herein: I. Notices to Customer should be sent to: City of Eden Prairie Attn: Leslie Stovring Engineering Dept. 8080 Mitchell Road Eden Prairie, MN 55344 Telephone: 952 949 8327 Fax: 952 949 8326 Email: Itovring@edenprairie.org II. Notices to Volt should be sent to: Volt Workforce Solutions Attn: Director of Contracts 2401 North Glassell Street Orange, CA 92865 Telephone: (714) 921-7491 Fax: (714) 921-5832 With a second copy, in the event of claimed breach or nonperformance or termination of this Agreement or other notice which affects the validity or integrity of this Agreement to: Volt Workforce Solutions Attn: Office of the General Counsel 2401 North Glassell Street Orange, CA 92865 Telephone: (714) 921-5416 Fax: (714) 921-7496 385148 CLL LK110-4 EXECUTION OF AGREEMENT IN WITNESS THEREOF, the parties have caused this Agreement to be duly executed intending to be bound thereby. City of Eden Prairie Volt Workforce Solutions, a division of Volt Management Corp. Stanley D. Cameron, Director of Contracts Name Title Name Title Signature Date Signature Date City of Eden Prairie Name Title Signature Date 385148 CLL LK110-4 APPENDIX A CITY OF EDEN PRAIRIE WATERCRAFT INSPECTOR POSITION DESCRIPTION TITLE: Watercraft Inspector(Part-time, seasonal) REPORTS TO: City of Eden Prairie Environmental Coordinator POSITION PURPOSE: The purpose of this position is to provide service to the City of inspection of incoming watercraft/trailers, at selected public accesses, during a defined boating season. This will be done through: 1) Aquatic Invasive Species (AIS) education, and 2) AIS inspections. POSITION RESPONSIBILITIES: 1. Perform public education and watercraft inspection duties. A. Effectively inspect incoming watercraft for ecologically harmful AIS and aquatic vegetation (higher priority). B. Effectively inspect outgoing watercraft for ecologically harmful AIS and aquatic vegetation (lower priority). C. Communicate effectively the issues of AIS and other issues with recreational watercraft users and the public at large. D. Distribute AIS educational materials. E. Appropriately ensure that public accesses are weed and debris free 2. Provide timely and accurate paperwork and communication to the City. A. Accurately and efficiently record, document, and collect data necessary to evaluate: 1) the spread of AIS, 2) the progress of control measures, 3) the effects of public awareness, 4) the response of recreational watercraft users to this project, and 5) and other pertinent research information. B. Accurately record, document, and process necessary administrative and field paperwork. C. Forward public technical inquiries to the City office, when appropriate. D. Communicate effectively with the City office regarding new infestations and developments in the field. 3. Follow watercraft inspection policies, responsibilities, and procedures as established. 4. Perform other duties assigned by supervisor. KNOWLEDGE, SKILLS, AND ABILITIES 1. Must possess a high school degree or GED. 2. Must be able to work a flexible working schedule (including early mornings, late evenings, and weekend). 3. Good physical health, with the capability of bending and climbing, and lifting of moderate weight, no heavier than 20 lbs. 4. Ability to work and communicate verbally with the general public. 5. Ability to work independently on assigned tasks, yet work as a team. Updated: April 2012 385148 CLL LK 1 10-4 Riley Purgatory Board of Managers Michael Casanova Jill Grafton Bluff Creek Perry Forster Philip Kirkegaard Watershed District Kenneth Wend www rileywd.org March 14, 2012 Mayor and Council Mayor and Council City of Chanhassen City of Eden Prairie 7700 Market Boulevard Eden Prairie City Center P.O. Box 147 8080 Mitchell Road Chanhassen,MN 55317 Eden Prairie,MN 55344 Dear Mayors and Councils: On behalf of the Board of Managers of the Riley Purgatory Bluff Creek Watershed District, I am writing to acknowledge and express our appreciation for the efforts being • undertaken to establish municipal aquatic invasive species inspection programs. The Board of Managers is similarly committed to effective, economical control of the spread of invasive species and abatement of infestations. At our most recent meeting, the Managers had a long discussion on this subject. We heard from several watershed residents. The Board of Managers reached the conclusion that the best approach at this time would be to assist the cities of Chanhassen and Eden Prairie in moving closer to a goal of one hundred percent inspections at the public lake accesses. This recognizes that an effective inspection program now can avoid abatement costs later. This fits in with one of our long-term goals of protecting and conserving the Watershed's water resources. The Board of Managers recognizes that achieving the goal of one hundred percent inspections is an expensive proposition. As such, the managers voted to allocate $50,000 to assist the cities in reaching this goal. This money is intended to supplement the funds already set aside by the cities for inspections during the 2012 fishing and boating season. • . Assuming the$15.75/hour rate for Level 1 inspectors that Volk Workforce Solutions is proposing to charge for coming season,this makes an additional 3150 inspection hours available for the cities to use. It's assumed that the additional inspections would be targeted to lakes that are recognized as having Metropolitan significance and classified as good permanent fishing lakes, for example Lake Riley, Lotus Lake and Lake Ann. There are other lakes within the watershed that could fall within these categories. If at all possible, the Managers would like to see some of this money go toward the enforcement of park hours and barring after hours entry on to the lakes. Engineer-CH2M HILL,1295 Northland Drive,Suite 200,Mendota Heights,MN 55120 tel 651 688-8100 Coordinator-Krebsbach and Haik,100 South Fifth Street,19th Floor,Minneapolis,MN 55402 tel 612 333-7400 The Board of Managers hopes this financial assistance will help in stopping the spread of invasive species such as Zebra Mussels and looks forward to working out allocation and other questions to allow the timely start of inspections to contain Zebra Mussels and other invasive species . Sincerely, RILEY PURGATORY BLUFF CREEK WATERSHED DISTRICT By Perry oyster,President cc. Board of Managers CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 17, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 11-5792 ITEM NO.: VIII.J. Rod Rue Receive Petition for Mitchell Road Public Works/Engineering Improvements Requested Action Move to: Adopt Resolution receiving petition for Mitchell Road Improvements, I.C. 11-5792 Synopsis A petition was received from Grace Church for their financial responsibilities and obligations along Mitchell Road (formerly Spring Road) as defined in their Developer's Agreement dated October 3, 2000. After discussions with representatives of Grace Church, it was mutually agreed to that the section of Mitchell Road south of CSAH 1 (Pioneer Trail) should be reconstructed and that Grace Church would petition and be responsible for their obligations associated with the reconstruction of Mitchell Road. The Grace Church property represents 50% of the benefitting properties along Mitchell Road. Background Information This section of Mitchell Road south of CSAH No. 1 (Pioneer Trail) was previously CSAH No. 4 (Spring Road) until 2007 when it was jurisdictionally transferred from Hennepin County to the City of Eden Prairie and renamed Mitchell Road. The proposed improvements include upgrading the existing rural section to an urban section with concrete curb and gutter, storm sewer, trail and utility improvements. On April 19, 2011, the city council approved a Professional Services Agreement with HTPO, Inc. for design services for this section of Mitchell Road, as well as coordination of the street and storm sewer design with the Flying Cloud Athletic Field Improvement Project. Attachments • Petition from Grace Church • Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2012- RESOLUTION RECEIVING PETITION FOR PUBLIC IMPROVEMENTS WHEREAS,the City of Eden Prairie has received a petition for: Street, storm sewer and trail improvements on Mitchell Road(I.C. 11-5792) NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: 1. A certain petition requesting the improvement of Mitchell Road south of CHAH 1 (Pioneer Trail) filed with the city the 3rd day of October, 2000 is hereby declared to be signed by the required percentage of owners of property affected thereby. This declaration is made in conformity to Minn. Stat. § 429.035. 2. The petition for proposed Improvement of Mitchell Road is hereby referred to the City Engineer who is instructed to report to the council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is necessary, cost-effective, and feasible; whether it should best be made as proposed or in connection with some other improvement; the estimated cost of the improvement as recommended; and a description of the methodology used to calculate individual assessments for affected parcels. ADOPTED by the Eden Prairie City Council on April 17, 2012. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen Porta, City Clerk CITY OF EDEN PRAIRIE, MINNESOTA 100%PETITION FOR LOCAL IMPROVEMENTS TO THE EDEN PRAIRIE CITY COUNCIL: The undersigned are all the fee owners of the real property described below and herein petition for the Eden Prairie City Council to proceed with making the following described improvements as described in the Grace Church Development Agreement dated October 3, 2000. Specify Type General Location Sanitary Sewer Watermain Storm Sewer i f(1 c,6,8 e ftI-i 1 !t r-ects er}{-s Street Paving i f leik/0 rici +i rn 1446 i, at) oved Other t-J AVY1 0A4) ( lira(I fetc,ement Pursuant to M.S.A. 429.031, Subd. 3, the undersigned hereby waive any public hearing to be held on said improvements, and further state and agree that the total cost of said improvements shall be specially assessed against the property described below in accordance with the City's special assessment policies. We further understand that the preliminary, estimated total cost for the said improvements is 2.9 Z,1v00,O0 Street Address or other Legal Description of Signatures and Addresses of Petitioners Property to be Served ( ust be owners of record) Lai- , Oa d Grare Chita ,9 K4 (For City Use) Date Received: Project No.: / —S-7 Council Consideration: 1 7Apk-7 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda April 17, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.K. Rick Wahlen Approve Contract with Magney Public Works/UtilitiesConstruction for the Repair of Well#8 Plumbing Requested Action Move to: Approve a contract with Magney Construction to repair broken in-ground piping and replace plumbing and metering components at City Well No. 8, in the amount of$33,930. Synopsis The City of Eden Prairie Utilities Division obtained proposals from three competent area mechanical contractors for the repair work at Municipal Well No. 8 on Edenvale Road. The least-cost proposal was offered by Magney Construction. Staff recommends acceptance of the proposal in the amount of$33,930 to be paid from the water utility construction fund. Background Information Municipal Well No. 8 was flooded in February when the discharge piping from the well broke apart below the floor. The damage occurred as a result of increased pressure brought about by an automatic valve closure at the water treatment plant when power was disconnected during maintenance troubleshooting. The exact cause of this problem is being investigated through the League of Minnesota Cities; however the equipment must be restored as soon as possible to enable the use of the well during the summer peak water use months. Repairs to Well No. 8 will include forthcoming electrical and controls replacement under a separate contract. All costs for repairs will be paid from the water utility capital construction fund. Attachments • Recommendation Letter&Proposal Tabulation • Magney Construction Cost Breakdown • Project Scope • R* 410. www.ae2e.00m April 4, 2012 • Mr. Rick Wahlen City of Eden Prairie 14100 Technology Drive Eden Prairie, MN 55344-2230 Re: Review of Proposals Well No. 8 Process Piping Replacement: #12701 Eden Prairie, MN Dear Rick: Proposals were received for the above-referenced project on Monday, April 3, 2012. A total of three (3) proposals were received. A tabulation of the bids is attached. The low bidder was Magney Construction, Inc. in the amount of $33,930. We have reviewed the Magney Construction proposal for adherence to the Request for Proposal (RFP) requirements and find the proposal to generally be in accordance with the requirements of the RFP documents. • We recommend that the City Council consider these proposals and award a contract to Magney Construction based upon the results of the proposals received. Please do not hesitate to call us at 763-463-5036 with any comments or questions you may have. Sincerely, Advanced Engineering and ry Environmental Services, Inc. jl ' ason Benson, P.E. Project Manager pc: Rick Wahlen, City of Eden Prairie rn. • e ry l - . 4 F ESL}t5J' VAo Advanicec E gineering and Environmental Services, Inc. 6901 East Fist LakRUatl Su tee" 4•Water Town Place Business Center• Maple Grove, MN 55369-5457 Proposal Summary Well No. 8 Process Piping Replacement City of Eden Prairie, MN April 3, 2012 CONTRACTOR Amount ($) ENGINEER'S ESTIMATE $40,000.00 Magney Constrution $33,930.00 Total Mechanical Services, Inc. $43,105.00 Rice Lake Construction Group $59,400.00 Advanced Engineering and Environmental Services, Inc. Water Tower Place Business Center 6901 East Fish Lake Road Suite 184 Maple Grove, MN 55369 Tel: 763-463-5036 Fax: 763-463-5037 ,, Eden Prairie Wellouse NO. 8 2-Apr-12 Magney Construction Cost Breakdown Spec Description 1000 General Conditions $3,510.00 9900 Painting $3,400.00 11285 Process Piping $7,460.00 Pipe from Plant & Flanged 11290 Meters $8,150.00 Rosemount 11295 Check Valve $5,940.00 Clow 11295 AirNacuum Valve $790.00 Apco 11295 Butterfly Valve $1,320.00 Pratt 11297 Pressure Gauges $920.00 15400 Plumbing $2,440.00 TOTALS $33,930.00 Well No. 8 Process Piping Piping,Valves, and Meters • Provide 12-inch butterfly valve (Pratt, or equal). • Provide 12-inch Magmeter with integral readout (Rosemount, or equal). • Provide 12-inch swing check valve (Apco, M&H, GA, or equal) • Provide 12-inch 90 FL 90 degree elbow. • Provide 2-inch Air Valve for Vertical Turbine Pump (Apco, or equal) and exhaust piping. • Provide 12-inch DIP spool with 2-inch tap, stainless steel piping and isolation ball valve for air valve. • Provide 12-inch DIP spool with % inch tap, stainless steel piping with sampling cock and air bleed, and shutoff ball valves. • Provide sleeve coupling adaptor for piping connection. • Provide 12-inch DIP spools as necessary for connection to well pump, valves, meter, and existing piping. • Provide 1-inch copper pre-lubrication line from wall (new building service)to well pump. Provide RPZ backflow preventer (Watts, or equal), solenoid valve (ASCO, or equal), and isolation ball valve. Install water meter provided by City. • Provide%-inch water service line off of 1-inch line with isolation ball valve, and hose connection. • Provide new pressure gauge on pump discharge. Construction • Connect to existing well pump. • Connect to existing vertical piping below existing building slab at first joint. • Provide supports as necessary to adequately secure piping. • Provide joint restraint at connection. • Provide concrete slab/base around piping through floor. Reinforce and dowel to existing floor slab. • Disinfect piping. • Coat all piping, existing pump and motor, and existing floor. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 17, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: 11-5799 ITEM NO.: VIII.L. Randy Newton Approve appraised values for Shady Oak Road Acquisitions Public Works /Engineering Requested Action Move to: Approve appraised values for Shady Oak Road Acquisitions. Synopsis The City Council previously authorized the City Engineer and City Attorney to pursue the acquisition of easements for the northern segment of the Shady Oak Road Improvements. This action approves the appraisals that were completed for the property acquisitions. Background Information Minnesota State Statutes Chapter 117 requires an approved appraisal of value. The City Council previously authorized the City Engineer and City Attorney to pursue the acquisition of easements for the northern segment of the Shady Oak Road Improvements. Market Value Appraisals for each parcel have since been received and the values for each parcel are as follows: Parcel 1 — $15,600 Parcel 2 — $20,000 Parcel 3 — $175,000 Parcel ? — $71,000 Parcel8 — $81,800 Parcel 9 — $67,000 Attachments • Parcel Map CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 17, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: 11-5800 ITEM NO.: VIII.M. Randy Newton Adopt Resolution Endorsing Funding Application for the Shady Oak Road Public Works /Engineering (County Road 61) Improvements Requested Action Move to: Adopt Resolution Endorsing Funding Application for the Shady Oak Road(County Road 61) Improvements Synopsis The Transportation Economic Development(TED)Program is a grant program to fund transportation improvement projects. The Shady Oak Road project and in particular the Shady Oak Road/Highway 212 interchange is a strong candidate for this funding. The resolution provides the City's endorsement of the application and its commitment to fund the project if selected. Background Information The TED program is a joint effort by the Minnesota Department of Transportation (MnDOT), the Minnesota Department of Employment and Economic Development (DEED), and the Public Facilities Authority (PFA)to fund transportation improvement projects that create and preserve jobs, increase the tax base, accelerate projects that enhance safety and mobility, and promote public private partnerships. Due to UnitedHealth Group's (UHG) contribution to the proposed Shady Oak Road Improvements and the job retention and growth that will result, it is anticipated that the project is a strong candidate for receiving TED program funding. The TED program has a $7 million dollar maximum award. If this project is successful in receiving a grant award it will be used to help fund the South Shady Oak Road Improvements which includes the Shady Oak Road and Highway 212 interchange. These improvements along with all of the improvements along Shady Oak Road were identified in several traffic studies, including the UHG updated traffic study, and are needed to accommodate existing traffic, the proposed UHG development and other future development. Financial Implications The total project cost of the South Shady Oak Road Improvements is currently estimated at $31.7 million. Identifying and securing this level of funding is the biggest challenge to delivering the project. Securing the TED program funding would be a significant step to delivering this project. In addition to the potential TED funding it is anticipated that the City will need to contribute Municipal State Aid(MSA) funding in excess of 25% of the project costs. The MSA and TED funding sources along with the funding commitment UHG has already made to the project will provide a majority of the project funding. Additional project funding sources may include Hennepin County, TIF and TOD funding. City staff is continuing to work with all potential project partners to secure the funding necessary to successfully deliver this project. A preliminary summary of the potential project funding is as follows: • TED Grant - $7 Million • MSA/Hennepin County - $14.2 Million • UHG - $8.5 Million • TIF/TOD Funding - $2 Million Attachments • Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2012- ENDORSING THE SHADY OAK ROAD IMPROVEMENTS FUNDING APPLICATION I.C. 11-5800 WHEREAS, the City Council of the City of Eden Prairie is the official governing body of the City of Eden Prairie; and WHEREAS, the Transportation Economic Development Program has made funding available to communities for transportation infrastructure projects that create and preserve jobs and support economic development; and WHEREAS, Shady Oak Road(CSAH 61) is a major arterial roadway that provides access to the large Golden Triangle and City West employment areas; WHEREAS, the Shady Oak Road Improvements including the interchange at Shady Oak Road and Highway 212 will improve the efficiency and safety of the transportation network and promote economic growth through the expansion of local businesses; and WHEREAS, the Transportation Economic Development Program provides up to $7 million in capital assistance for transportation improvement projects; and WHEREAS, the Transportation Economic Development Program would complement local funding to allow for the completion of the Shady Oak Road Improvement and specifically the Shady Oak Road and Highway 212 interchange improvements. NOW, THEREFORE, BE IT RESOLVED that the Eden Prairie City Council does hereby support actively pursuing Transportation Economic Development Program funds; and BE IT FURTHER RESOLVED that if awarded funding from the Transportation Economic Development Program, the City of Eden Prairie agrees to commit funding to provide for the completion of the project. ADOPTED by the Eden Prairie City Council on April 17, 2012 Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 17, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.N. Stuart Fox, Parks and Natural Authorize Sale of Excess City Property— Resources Manager, Parks and Skatepark Equipment Recreation Requested Action Move to: Move to: Authorize the sale of excess property(skate park equipment)by the Parks and Recreation Department, Parks Division. Synopsis The Parks and Recreation Department is in the process of preparing for the replacement of the skatepark equipment at Round Lake Park this summer. The existing wood based equipment will not be used when the new concrete skate plaza is constructed and there is no alternate site within the park system to use these ramps and platforms. The equipment surface (Skatelite material) is starting to degrade; however, the base support appears to be in good condition. Although the existing equipment is over 10 years old we have received inquiries from a few individuals who are interested in salvaging this equipment. Selling the equipment would alleviate the city's expense of disassembling and disposal. Recommendation Because the original equipment was purchased for$25,000 and the staff believes that there is residual monetary value; the City attorney has recommended that we dispose of this excess equipment by selling it at a fair market value. Upon City Council approval the park staff would contact those interested in the equipment and solicit a written quote for the purchase of this Skatepark equipment. The money paid would go into the general fund. Note: The equipment would not be removed until the bids and contract for the new skate plaza has been approved and its construction schedule is known. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 17, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.O. Community Development: EP Foundation—Amendments to Articles of Janet Jeremiah/David Lindahl Incorporation and Bylaws Requested Action: Move to: Adopt resolution approving amended articles and bylaws of the Eden Prairie Foundation. Synopsis: The Eden Prairie Foundation has amended its articles of incorporation and bylaws and the documents require approval from the City of Eden Prairie. The amendment changes the name of the Foundation, broadens the permitted scope of activities, and eliminates the requirement that subsequent amendments be formally approved by the City and School District. Background: The Eden Prairie Foundation was established in 1981. It has provided support to community non- profit groups—including City departments and projects—in an amount in excess of$1 million for 31 years. The City and its needs and opportunities have changed during those 31 years. For the past several months the Foundation has been engaged in a strategic planning process addressing how it can be of greatest service to the community in the years ahead. That planning process has led the Foundation's Board of Directors to approve an amendment to its Articles of Incorporation and a revision of its Bylaws. The primary Board-approved changes focus on the Foundation's expanded ability to independently, and on a self-governing basis, serve not only the needs of the students and residents of Eden Prairie, but also the broader philanthropic needs and interests of those charitable donors residing in Eden Prairie and the organizations they support. The changes also provide for an expanded opportunity for individuals to become involved in Foundation governance and activities. Specifically, those changes most directly impacting the City include: alleviating the City Council of any responsibility to approve evolving changes in Board composition, Board structure, Bylaw revisions and Articles of Incorporation amendments, and the beneficiaries of its grant making. The City will continue to have its designated position on the Foundation's Board. Looking to the future, the Foundation endeavors to become a stronger advocate for philanthropy in Eden Prairie and an assistant to its beneficiaries. Attachment: Resolution Revised Bylaws CITY OF EDEN PRAIRIE HENNEPIN COUNTY MINNESOTA RESOLUTION NO. 2012- A RESOLUTION APPROVING AMENDED ARTICLES AND AMENDED BYLAWS OF THE EDEN PRAIRIE FOUNDATION WHEREAS,the Eden Prairie Foundation has submitted Amended Articles of Incorporation and Amended Bylaws that have been previously approved by the Foundation and the Amended Foundation documents require the additional formal approval of the City of Eden Prairie; and WHEREAS, the proposed Amendments change the name of the Foundation,broaden its permitted scope of activities, and eliminate the requirement that amendments be formally approved by the City; and WHEREAS, while the City will remain an important participant and member of the Foundation, the Amendment relieves the City and the Foundation from unnecessary burdensome formalities. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eden Prairie approves the amended and restated Articles and the amended and restated Bylaws as attached hereto; and BE IT FURTHER RESOLVED that upon approval of this resolution by the City of Eden Prairie, the Foundation is authorized to file the Amended Articles and Amended Bylaws with the State of Minnesota and to formally adopt the Amended Articles and Amended Bylaws as current Foundation operating agreements. ADOPTED by the City Council of the City of Eden Prairie the 17th day of April, 2012. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk Second Amended and Restated Bylaws Adopted ,20 SECOND AMENDED AND RESTATED BY-LAWS OF THE EDEN PRAIRIE FOUNDATION ARTICLE I. OFFICES, CORPORATE SEAL Section 1.01. Registered Office. The registered office of the Corporation in Minnesota shall be that set forth in the Articles of Incorporation,or in the Restated Articles of Incorporation, or in the most recent amendment of the Articles of Incorporation, or in a resolution of the directors filed with the Secretary of State of Minnesota changing the registered office. Section 1.02. Other Offices. The Corporation may have such other offices, within or without the State of Minnesota,as the directors shall from time to time determine. Section 1.03. Corporate Seal. The Corporation shall have no corporate seal. ARTICLE II. MEMBERS AND MEETINGS OF MEMBERS Section 2.01. Members. The members of the Corporation shall consist solely and exclusively of the persons who constitute the directors of the Corporation from time to time. When a person becomes a director of the Corporation he or she shall, concurrently with becoming such a director,automatically become and be a member of the Corporation,and when a person ceases to be a director of the Corporation he or she shall, concurrently with ceasing to be such a director, automatically cease to be a member of the Corporation. Section 2.02. Property. No member shall have any right, title, or interest in or to the property of the Corporation. Section 2.03. Annual Meetings. The annual meeting of the members shall be held each year on a date to be designated by the Board of Directors. There will be no scheduled regular meetings of the members Section 2.04. Special Meetings. A special meeting of the members for any purpose or purposes, unless otherwise prescribed by statute, may be called at any time by the Chair, by the Board of Directors,or by any three(3)or more of the members. Section 2.05. Place of Meeting. Each meeting of the members of the Corporation shall be held at any place within the State of Minnesota, designated by the Board of Directors, and, in the absence of such designation, shall be held at the registered office of the Corporation in the State of Minnesota. Section 2.06. Notice of Meetings. Except as otherwise provided by statute and in these Bylaws, written notice of each meeting of the members, whether annual or special, shall be given not less than ten (10) nor more than sixty (60) days before the day on which the meeting is to be held. Notice of any meeting of members shall not be required to be given to any member who shall attend such meeting in person. Notice of any adjourned meeting of the members shall not be required to be given, except where expressly required by law. Section 2.07. Quorum. At each meeting of the members, the presence of a majority of all the members shall constitute a quorum for the transaction of business, except where a greater number may be required by statute. In the absence of a quorum, a majority of the members present in person, or, in the absence of all members, any officer entitled to preside or act as Secretary at such meeting, shall have the power to adjourn the meeting from time to time, until the requisite number of members shall be present or represented. At any such adjourned meeting at which a quorum shall be present any business may be transacted which might have been transacted at the meeting as originally called. Section 2.08. Organization. At each meeting of the members, the Chair of the Corporation or, in the absence of the Chair,the Vice Chair shall preside. The Secretary of the Corporation or, in his or her absence, any person whom the Chair shall appoint, shall act as secretary of the meeting. Section 2.09. Voting. At each meeting of members, each member present in person shall be entitled to one (1) vote on each matter to be voted upon at the meeting. At all meetings of the members, all matters (except in special cases where other provision may be made by statute) shall be decided by a majority of the votes cast by the members present in person, a quorum being present. Unless demanded by a member present in person at any meeting, the vote on any question Page 2 of 14 need not be by ballot. Section 2.10. Public Notice and Attendance. Attendance by the public at meetings of the members generally shall be encouraged. In the sole discretion of the Board of Directors, notice of any annual or special meeting may be given to the public, and the public may be invited to attend all or any portion of any such meeting, as the Board of Directors may designate. Section 2.10. Proxies. Proxies shall not be allowed or used. Section 2.11. Recognition Members. The Corporation may designate contributors or other individuals, corporations, or entities as "members" for purposes of recognition only, and such members shall have no right to vote or otherwise participate in the affairs or governance of the Corporation and shall not be considered members within the meaning of that term as used in the Minnesota Nonprofit Corporation Act or in Section 2.01 of these Bylaws. ARTICLE III. BOARD OF DIRECTORS Section 3.01. General Powers. The property, affairs, and business of the Corporation shall be managed by the Board of Directors. Section 3.02. Number, Qualification,and Term of Office. (a) Number. The number of directors shall be twelve (12) to sixteen (16), provided, however,that the number of directors may be increased or decreased to any number, but not less than three (3), by vote of the members or of the Board of Directors of the Corporation. The one-year term of the immediate past Chair shall not be included in this number limitation. (b) Community Organization Members. A minimum of four(4)but not more than one half of the Board of Directors shall consist of"Community Organization Representatives." The minimum community organizations are the School Board of Eden Prairie, the City Council of Eden Prairie, the Eden Prairie Chamber of Commerce, and the Eden Prairie Ministerial Association and there shall be at least one (1) member from each Organization. The Organization shall nominate its member and the nominated member shall be subject to approval by the Board. (c) Term of Office. Each director named in the Articles of Incorporation shall hold office Page 3 of 14 until the annual meeting of members held in the year in which his or her term expires as set out in the Articles of Incorporation and until his or her successor shall have been selected or elected and shall have qualified. Thereafter,each director selected or elected, other than those initially selected or elected to a more limited term as provided in subsection (b) hereof, shall hold office until the third annual meeting of the members next following the commencement of the term of office to which he or she has been selected or elected and until his or her successor shall have been elected and shall qualify, or until his or her death, or until he or she shall resign, or until he or she shall have been removed in the manner hereinafter provided. (d) Term Limitation. No person shall be eligible to serve more than two (2) consecutive whole terms as a director of this Corporation, plus any one (1) additional partial term to which such person may have been selected or elected prior to such terms, regardless of whether such person was selected, elected, ex officio or appointed upon the occurrence of a vacancy. Upon completion of a period of service as a director of this Corporation, a person may not again serve as a director until the annual meeting of the Corporation in the year after the year in which such person has most recently served as a director. The immediate past Chair shall remain a member and director for an additional term of one year. (e) Status Limitation. Persons who would be described in Section 4946(a) (1)(A) or (C) through (G) of the Internal Revenue Code of 1986, as now enacted or as hereafter amended, if this Corporation were a"private foundation"as defined in Section 509(a)of the Internal Revenue Code of 1986, as now enacted or as hereafter amended, shall never constitute more than one-third of the directors of this Corporation; and such persons, together with representatives of banks or trust companies which serve as trustees, investment advisors, custodians, or agents for or with respect to funds of or held for the benefit of this Corporation, shall never constitute more than one-half of the directors of this Corporation. Section 3.03. Organization. At each meeting of the Board of Directors, the Chair of the Corporation or, in the absence of the Chair, the Vice Chair shall preside. The Secretary of the Corporation or, in his or her absence, any person whom the chair shall appoint,shall act as secretary of the meeting. Page 4 of 14 Section 3.04. Resignation. Any director of the Corporation may resign at any time by giving written notice to the Chair or to the Secretary of the Corporation. The resignation of any director shall take effect at the time specified therein; and, unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. Section 3.05. Vacancies. Any vacancy in the Board of Directors caused by death, resignation, disqualification, removal, or any other cause, shall be filled by the community organization that selected or elected the director who has vacated his or her directorship, but the replacement director must be approved by the Board, or the members if the member was not appointed by a community organization; and each director so chosen shall hold office for the remaining term of that directorship and until his or her successor shall be duly elected and qualified, unless sooner displaced. Section 3.06. Place of Meeting. The Board of Directors may hold its meetings at such place or places, within the State of Minnesota, as it may from time to time determine. Section 3.07. Annual Meeting. As soon as practicable after each annual election of directors, and preferably on the same day, the Board of Directors shall meet, at the place where such annual selection and election of directors is held, or at such other place within the State of Minnesota as may be designated by the Board of Directors, for the purpose of electing the officers of the Corporation and for the transaction of such other business as shall come before the meeting. Notice of such meeting need not be given if it is held at the place where the annual election of directors is held, but if such annual meeting of the directors is to be held at any other place, such other place shall be specified in a notice given as hereinafter provided for special meetings of the Board of Directors or in a consent and waiver of notice thereof signed by all the directors. Section 3.08. Regular Meetings. Regular meetings of the Board of Directors shall be held from time to time,and at Ieast two times during each year,at such time and place within the State of Minnesota as the Board may determine by resolution adopted by a majority of the whole Board of Directors. Notice of regular meetings need not be given. Section 3.09. Special Meetings;Notice. Special meetings of the Board of Directors shall be held whenever called by the Chair, or by one of the directors. Written notice of each such special meeting shall be sent to each director at least five(5)days before the day on which the meeting is to be held. Each such notice shall state the time and place of the meeting, but need not state the Page 5 of 14 purposes thereof except as otherwise herein expressly provided. Notice of any meeting of the Board need not be given to any director who shall be present at such meeting; and any meeting of the Board shall be a legal meeting without any notice thereof having been given, if all of the directors of the Corporation then in office shall be present thereat or waive such notice in writing before, at, or after such meeting. Section 3.10. Quorum and Manner of Acting. Except as otherwise provided by statute or by these Bylaws, a majority of all of the directors shall be required to constitute a quorum for the transaction of business at any meeting, and the act of a majority of the directors present at any meeting at which a quorum is present shall be the act of the Board of Directors. In the absence of a quorum, a majority of the directors present may adjourn any meeting from time to time until a quorum be had. Notice of any adjourned meeting need not be given. Section 3.11. Removal of Directors. Any directors may be removed, either with or without cause, at any time, by a vote of a majority of the members of the Corporation at a special meeting of the members called for the purpose; and the vacancy in the Board of Directors caused by any such removal shall be filled in the manner specified in Section 3.05 hereof. Section 3.12. Proxies. Proxies shall not be allowed or used. ARTICLE IV. OFFICERS Section 4.01. Number. The officers of the Corporation shall be a Chair, an Executive Director, a Vice Chair, a Secretary. a Treasurer, and such other officers as may be appointed by the Board of Directors. Section 4.02. Election,Term of Office, and Qualifications. All officers of the Corporation shall be elected annually by the Board of Directors, and, except in the case of officers appointed in accordance with the provisions of Section 4.11, each shall hold office until the next annual election of officers and until his or her successor shall have been duly elected and qualified, or until his or her death, or until he or she shall resign, or until he or she shall have been removed in the manner hereinafter provided. Only directors of the Corporation may be elected and hold office as officers of the Corporation with the exception of the Executive Director, who shall not be a member or a director. Section 4.03. Resignations. Any officer may resign at any time by giving written notice of Page 6 of 14 his or her resignation to the Board of Directors,to the Chair, or to the Secretary of the Corporation. Any such resignation shall take effect at the time specified therein, and if no time is specified upon receipt thereof as provided herein. Unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. Section 4.04. Removal. Any officer of the Corporation may be removed, either with or without cause, by a vote of the Board of Directors at a meeting called for the purpose, and such purpose shall be stated in the notice or waiver of notice of such meeting unless all the directors of the Corporation shall be present thereat. Section 4.05. Vacancies. A vacancy in any office because of death, resignation,removal,or any other cause shall be filled for the unexpired portion of the term in the manner prescribed in these Bylaws for election or appointment to such office. Section 4.06. Chair. The Chair shall be the presiding officer of the Corporation and shall preside at all meetings of the members and Board of Directors of the Corporation except as otherwise provided herein. The Chair shall have such other powers and duties as may from time to time be prescribed by the Board of Directors. Section 4.07. Executive Director. The Executive Director shall be the chief executive officer of the Corporation and shall have general active management of the business of the Corporation. He or she shall see that all orders and resolutions of the Board of Directors are carried into effect. He or she may execute and deliver in the name of the Corporation any deeds, mortgages, bonds, contracts, or other instruments pertaining to the business of the Corporation, including, without limitation, any instruments necessary or appropriate to enable the Corporation to donate income or principal of the Corporation to or for the account of such organizations, causes, and projects described in the Articles of Incorporation of the Corporation as the Corporation was organized to support. He or she shall have such other duties as may from time to time be prescribed by the Board of Directors. The Executive Director will be a non-voting, ex officio member of the Board of Directors. Section 4.08. Vice Chair. The Vice Chair shalt have such powers and shall perform such duties as may be specified in the Bylaws or prescribed by the Board of Directors or by the Chair. In the event of absence or disability of the Chair,the Vice Chair shall succeed to his or her power and duties in the order designated by the Board of Directors. Section 4.09. Secretary. The Secretary shall be Secretary of, and when present, shall record Page 7 of 14 proceedings of meetings of the members and Board of Directors. He or she shall, when directed to do so, give proper notice of meetings of members and directors. He or she shall perform such other duties as may from time to time be prescribed by the Board of Directors or by the Chair and, in general, shall perform all duties incident to the office of the Secretary. Section 4.10. Treasurer. The Treasurer shall keep accurate accounts of all moneys of the Corporation received or disbursed. He or she shall deposit all moneys, drafts, and checks in the name of, and to the credit of, the Corporation in such banks and depositaries as a majority of the whole Board of Directors shall from time to time designate. He or she shall have power to endorse for deposit all notes, checks, and drafts received by the Corporation. He or she shall disburse the funds of the Corporation as ordered by the Board of Directors, making proper vouchers there for. He or she shall render to the Chair and the directors; whenever required, an account of all his or her transactions as Treasurer and of the financial condition of the Corporation, and shall perform such other duties as may from time to time be prescribed by the Board of Directors or by the Chair, and, in general,shall perform all duties incident to the office of the Treasurer. Section 4.11. Other Officers. The Corporation may have such other officers and agents as may be deemed necessary by the Board of Directors, who shall be appointed in such manner, have such duties and hold their offices for such terms as may be determined by resolution of the Board of Directors. ARTICLE V. COMMITTEES Section 5.01. Distribution Committee. There shall be a Distribution Committee which shall consist of at least one member of the Board of Directors and who shall be designated by the Board of Directors. It shall be the duty of the Distribution Committee to investigate the needs and the merits of potential recipients of the funds or property of this Corporation which may be distributable at the discretion of the Board of Directors, and to make recommendations to the Board of Directors with respect to the distribution of such funds or property. The Distribution Committee shall at all times be subject to the control and direction of the Board of Directors. Section 5.02. Nominating Committee. There shall be a Nominating Committee which shall consist of at least one member of the Board of Directors which will not include the current Chair or Vice Chair and who shall be designated by the Board of Directors no later than ninety (90) days prior to each annual meeting of the members of the Corporation. It shall be the duty of the Page 8 of 14 Nominating Committee to canvas the organizations entitled to select or recommend nominees to serve as directors of the Corporation and to assure that the procedures for the selection of such directors are followed, to recommend nominees to become directors of the Corporation where the selection is not to be made by other organizations, and to nominate directors to serve as officers of the Corporation. The recommendations of the Nominating Committee shall not be binding on the members of the Corporation provided that the members of the Corporation adhere to the provisions of Section 3.02 of these Bylaws in electing directors. Section 5.03. Executive Committee. The Board of Directors may appoint an Executive Committee which, if appointed, shall consist of the Chair,the Vice Chair,the incoming Chair if not the Vice Chair, the Secretary, the Treasurer, the immediate past Chair, and the Executive Director (in a non-voting ex officio capacity only. Unless otherwise limited by the Board of Directors, it shall be the duty of the Executive Committee to exercise the authority of the Board of Directors of the Corporation between meetings of the Board of Directors. The Executive Committee shall at all times be subject to the control and direction of the Board of Directors. Section 5.04. Other Committees. The Board of Directors may act by and through such other committees as may be specified in resolutions adopted by a majority of the whole number of directors. Each such committee shall have such duties and responsibilities as are granted to it from time to time by the Board of Directors. Each such committee shall at all times be subject to the direction of the Board of Directors. Section 5.05. Miscellaneous. The Chair shall from time to time appoint the Chair of each committee. Each committee of this Corporation may establish the time for its regular meetings and may change that time as it from time to time deems advisable. Special meetings of any committee of this Corporation may be called by the chair of that committee or by the Chair. Two(2)business days' notice by mail,telephone,or electronic mail shall be given of any special meeting of a committee. At all meetings of a committee of this Corporation each member thereof shall be entitled to cast one vote on any question coming before such meeting. The presence of one-half of the membership of any committee of this Corporation shall constitute a quorum at any meeting thereof,but the members of a committee present at any of such committee,although less than a quorum,may adjourn the meeting from time to time_ A majority vote of the members of a committee of this Corporation present at any meeting thereof,if there be a quorum, shall be sufficient for the transaction of the business of such committee. ARTICLE VI. Page 9 of 14 FISCAL AGENTS This Corporation may designate such fiscal agents, investment advisors,and custodians as the Board of Directors from time to time deems appropriate. The Board of Directors may at any time,with or without cause, discontinue the use of the services of any such fiscal agent, investment advisor, or custodian and shall discontinue the use of the services of any such fiscal agent, investment advisor, or custodian for breach of fiduciary duty under Minnesota law or for failure to produce a reasonable (as determined by the Board of Directors) return of net income (within the meaning Section 8.10 hereof)over a reasonable period of time (as determined from time to time by the Board of Directors. ARTICLE VII. RESPONSIBILITY OF MEMBERS, DIRECTORS, AND OFFICERS Members, directors, and officers of this Corporation shall not be personally liable for the payment of any debts or obligations of this Corporation of any nature whatsoever, nor shall any of the property of the members, directors, and officers be subject to the payment of the debts or obligations of this Corporation to any extent whatsoever. Members, directors, and officers of the Corporation shall not be considered to be trustees with respect to the Corporation or with respect to property held or administered by the Corporation. ARTICLE VIII. POLICIES WITH RESPECT TO DISTRIBUTION OF PRINCIPAL AND INCOME AND RELATED MATTERS Section 8.01. Annual Distributions. It shall be the policy of this Corporation to make annual distributions for one or more of the charitable, education, and cultural purposes for which this Corporation is organized, including administrative expenses and amounts paid to acquire an asset used (or held for use)directly in carrying out one or more of such purposes, such distributions to be made for each fiscal year not later than the close of the immediately succeeding fiscal year of this Corporation. Section 8.02. No Discrimination. In any distribution of funds or property of the Corporation, no discrimination shall be made on account of the age, sex, color, religious affiliation, or national origin of the individuals to be benefited thereby. Section 8.03. Use of Owned Assets. It shall be the policy of this Corporation that the Page 10 of 14 principal of any fund,title to which is vested in this Corporation, may be distributed or used in such amounts and at such times as this Corporation, acting through its Board of Directors, may deem advisable,as consistent with the goals and objectives of the Foundation. Section 8.04. Use of Other Assets. With the approval of not less than a majority of all of the directors of the Corporation given at any annual or special meeting thereof, all or any part of the principal of any trust fund,title to which is not vested in this Corporation but disposition of which is discretionary with this Corporation, may be distributed or used for any charitable, educational, or cultural purpose for which this Corporation is organized, provided that such distribution or use is not contrary to any restriction,condition, limitation,or trust imposed with respect to such trust fund, and provided, further,that not to exceed twenty percent of the entire amount of the principal of such fund shall be disbursed in any one year, and provided, further, that certified copies of the resolutions of the Board of Directors authorizing such distribution shall be filed with the trustee of such fund at least ninety days prior to the withdrawal of the first installment of principal from the hands of such trustee. The trust fund shall specifically authorize the Board to remove or modify a donor restriction of the specific restriction in the sole discretion of the Board is unnecessary or incapable of fulfillment. Section 8.05. No Self-Dealing. It shall be the policy of this Corporation that this Corporation shall not engage in any act which would constitute "self-dealing" as defined in Section 4941(d) of the Internal Revenue Code of 1986, as now enacted or as hereafter amended, if this Corporation were a"private foundation"as defined in Section 509(a) of the Internal Revenue Code of 1986,as now enacted or as hereafter amended. Section 8.06. Net Income. It shall be the policy of this Corporation that all funds of this Corporation shall, on an aggregate basis, be invested to produce for each fiscal year an annual "adjusted net income"(as defined in Section 4942(0 of the Internal Revenue Code of 1986, as now enacted or as hereafter amended) of not less than two-thirds of what would be this Corporation's "minimum investment return"(as defined in Section 4942(e) of the Internal Revenue Code of 1986, as now enacted or as hereafter amended) if this Corporation were a"private foundation." Section 8.07. Excess Business Holdings. It shall be the policy of this Corporation to dispose of any holdings which would constitute "excess business holdings" as defined in Section 4943(c) of the Internal Revenue Code of 1986, as now enacted or as hereafter amended, and as applied on a component-by-component basis as if each component were a "private foundation," Page 11 of 14 except that components will be combined for this purpose if such components would have been described in Section 4946(a)(1)(H)(ii) of the Internal Revenue Code of 1986, as now enacted or as hereafter amended. Section 8.08. No Jeopardy Investments. It shall be the policy of this Corporation to assure that no funds, whether title thereto is vested in this Corporation or is vested in a trustee of a trust for the benefit of this Corporation, are invested or reinvested in such a manner as to jeopardize the carrying out of any of the charitable, educational, or cultural purposes for which this Corporation is organized. Section 8.09. Expenditure Responsibility. It shall be the policy of this Corporation that this Corporation,through its Board of Directors,will exercise"expenditure responsibility,"as defined in Section 4945(h)(1) and (2) of the Internal Revenue Code of 1986, as now enacted or as hereafter amended, with respect to all grants and distributions made by this Corporation which would otherwise constitute a "taxable expenditure" as defined in Section 4945(d)(4) of the Internal Revenue Code of 1986, as now enacted or as hereafter amended, if this Corporation were a"private foundation." Section 8.10. Reasonable Return. The Board of Directors shall obtain information and take other appropriate steps with a view to assuring that each trustee, agent, or custodian with respect to each restricted trust or fund that is, and with respect to the aggregate of the unrestricted trusts or funds that are, a component part of this Corporation, administers such trust or fund in accordance with the terms of its governing instrument and accepted standards of fiduciary conduct to produce a reasonable (as determined by the Board of Directors from time to time) return of net income (or appreciation where not inconsistent with this Corporation's need for current income), with due regard to safety of principal, in furtherance of this Corporation's charitable, educational, and cultural purposes (except for assets held for the active conduct of this Corporation's charitable. educational, and cultural purposes. Section 8.I 1. Exercise of Certain Powers. The Board of Directors of this Corporation shall exercise all powers of modification or elimination described in the last sentence of the third paragraph of Article II of the Articles of Incorporation of this Corporation and in Section 8.03 of these Amended Bylaws and all powers of removal described in the last sentence of Article VI of these Bylaws in the best interests of this Corporation. Page 12 of 14 ARTICLE IX BOOKS OF RECORD, AUDIT,FISCAL YEAR, BOND Section 9.01. Books and Records. The Board of Directors of this Corporation shall cause to be kept: (1) Records of all proceedings of members,directors,and committees;and (2) Such other records and books of account as shall be necessary and appropriate to the conduct of the corporate business. Section 9.02. Documents Kept at Registered Office. The Board of Directors shall cause to be kept at the registered office of this Corporation originals or copies of: (1) Records of all proceedings of members,directors,and committees; (2) All financial statements of this Corporation; and (3) Articles of Incorporation and Bylaws of this Corporation and all amendments thereto and restatements thereof. Section 9.03. Audit and Publication. The Board of Directors shall cause the records and books of account of this Corporation to be audited at least once in each fiscal year and at such other times as it may deem necessary or appropriate, and also shall make such inquiry as the Board of Directors deems necessary or advisable into the condition of all trusts and funds held by any trustee, agent, or custodian for the benefit of this Corporation, and shall retain such person or firm for such purposes as it may deem appropriate. Copies of the Corporation's financial statement for its immediately preceding fiscal year and may, if determined necessary or appropriate by the Board of Directors,be published in such one or more newspapers having general circulation and distribution in the City of Eden Prairie as may from time to time be selected by the Board of Directors. Section 9.04. Fiscal Year. The fiscal year of the Corporation shall end on June 30 of each year. Section 9.05. Bond. In the discretion of the Board of Directors,a bond may be required of all members, directors, officers, and employees of this Corporation who deposit or withdraw, or otherwise handle, the funds of this Corporation. The bond shall be in such amount, on such terms and conditions,and with such company or companies,as the Board of Directors shall determine. ARTICLE X Page 13 of 14 WAIVER OF NOTICE Whenever any notice whatsoever is required to be given by these Bylaws or any of the Corporate laws of the State of Minnesota,such notice may be waived in writing,signed by the person or persons entitled to such notice, whether before,at,or after the time stated therein,or before,at,or after the meeting. ARTICLE XI AUTHORIZATION WITHOUT A MEETING Any action that may be taken at a meeting of the members may be taken without a meeting when authorized in writing and signed by all the members who are entitled to notice of the meeting for such purpose. Any action that may be taken at a meeting of the Board of Directors may be taken without a meeting when authorized in writing signed by all of the directors. ARTICLE XII INDEMNIFICATION The Corporation may indemnify such persons, for such expenses and liabilities, in such manner, under such circumstances, and to such extent as required or permitted by any applicable law. ARTICLE XIII AMENDMENTS The Board of Directors may amend this Corporation's Articles of Incorporation, as heretofore or hereafter from time to time amended or restated, and these Bylaws, as from time to time amended or restated, to include or omit any provision which could be lawfully included or omitted at the time such amendment is made. Any number of amendments, or an entire revision or restatement of the Articles of Incorporation or Bylaws, either may be submitted and voted upon at a single meeting of the Board of Directors and be adopted at such meeting, a quorum being present, upon receiving the affirmative vote of not less than two-thirds of the whole number of directors of this Corporation or may be adopted, in accordance with Article XI hereof, by a writing signed by all of the directors of this Corporation. Page 14 of 14 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 17, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.P. Community Development: Hennepin Technical College Contract— Janet Jeremiah/David Lindahl Gazebo— Smith Douglas More Property Requested Council Action: Move to: Approve contract between the City of Eden Prairie and the State of Minnesota for carpentry services provided by Hennepin Technical College students for the construction of a Gazebo at the Smith Douglas More property located at 8107 Eden Prairie Road. Synopsis: Carpentry students from Hennepin Technical College in Eden Prairie will be constructing a new Gazebo at the Smith Douglas property starting April 23, 2012, as part of the school's spring curriculum. The work will be provided at no cost to the City. All the materials will be purchased with funds provided by Ann Shuster(the tenant) through various fund raising efforts. The City's Facility's Division will be purchasing materials and managing the overall project. The Heritage Preservation Commission reviewed the plans last fall and provided a Certificate of Appropriateness (COA) for the project. Background: The Smith Douglas More property was purchased by the City in 1981 for the purpose of preserving it as a historical structure. A major renovation of the property was completed by the City in 2002 to accommodate a Dunn Bros Coffee, which has been leasing property ever since. Attachment: Contract Plan Site Plan Form B-5 RESIDENTIAL CONSTRUCTION CONTRACT THIS RESIDENTIAL CONSTRUCTION CONTRACT ("Contract") is made as of this 17th day of April, 2021,by and between City of Eden Prairie Minnesota and the STATE OF MINNESOTA, by and through the Board of Trustees of the Minnesota State Colleges and Universities, on behalf of Hennepin Technical College ("College"). RECITALS A. Owner owns fee title to land located in Hennepin County, Minnesota, which as a street address of 8107 Eden Prairie RD, Eden Prairie, MN, and which is legally described on Exhibit A attached hereto (the "Site"). B. For the purpose of instructional construction by technical colleges, the college has been authorized to construct the improvements contained in Exhibit B. Minn. Stat. §136F.36. C. College offers a carpentry program course, which is designed to give its students practical experience in constructing residential dwellings and related improvements. D. Owner desires to have College's carpentry program students provide carpentry services in connection with the construction of a storage building and related improvements on the Site, as specifically set forth in this Contract. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, the agreements set forth in this Contract and other good and valuable consideration, and pursuant to the authority granted in Minnesota Statutes section 136F.36, subdivision 1 (2008), Owner and College agree as follows: 1. WORK TO BE PERFORMED BY COLLEGE'S STUDENTS; SUPERVISION OF STUDENTS. Subject to the provisions of this Contract, students enrolled in College's carpentry program(s) (the "Students"), under the supervision of College's instructor(s)(whether one or more, the "Instructors"), shall provide usual and customary labor and equipment to accomplish the carpentry work(the "Work") needed to complete the building as shown on, in reasonable accordance with the final plans and specifications attached hereto as Exhibit B (the "Plans"), which are incorporated into this Contract, as modified by any Change Orders (defined in Section 2 of this Contract, and shown in Exhibit C)requested by Owner and approved by College and the municipal or county building inspector, as applicable. College anticipates that the Work will commence on April 23, 2012 (the "Commencement Date"), or as soon thereafter as College deems feasible. Owner acknowledges that the Work is to be performed by the Students,under the supervision of the Instructors, as part of any educational process, and while the goal is to deliver Work of a degree and quality similar to what professionals provide within the community, College shall not be held to any greater standard, 1 Form B-5 duty or quality of workmanship than what can reasonably be expected under such circumstances. The Instructors shall supervise the Work. Owner agrees that only the Instructors or other employees, representatives or agents of College shall have the right to give instructions and directions to the Students. Owner shall contact the Instructors regarding any complaints, inquiries or suggestions relating to the Work. If Owner interferes with or attempts to instruct or direct any Student, and if such activity continues after College delivers written notice to Owner, then in addition to any other right or remedy College may have, College shall have the right at any time thereafter to terminate this Contract by giving written notice of such termination to Owner, and upon such termination, Owner shall pay College the Service Charge (as defined in Section 8 of this Contract), and thereafter, the parties hereto shall have no further obligations under this Contract. If College breaches any of its obligations set forth in this Contract, then in addition to any other right or remedy that Owner may have, Owner shall have the right to terminate this Contract if College fails to cure such breach within ten (10) days after Owner delivers written notice of such breach to College, and upon any such termination, Owner shall have no further obligations under this Contract. 2. CHANGE ORDERS. If Owner desires any major structural changes or modifications to the Plans, which would result in the substantial delay or completion of the project, Owner shall submit to College a written change order, using the form as contained in attached Exhibit C,which shall describe in detail the proposed changes or modifications and such other information relating thereto as College may require (the "Change Order(s)"). Each Change Order submitted to College shall be accompanied by a cashier's check payable to College in the amount of$100 (the "Change Order Fee"). Any such Change Order shall include the change in Work cost or change in the date of Substantial Completion as further provided herein. All Change Orders shall be subject to the approval of College and the municipal or county building inspector, as applicable. If any such Change Order is so approved, then the Change Order Fee shall be retained by College and applied to the Service Charge (as defined in Section 8 of this Contract). If the approval for any such Change Order is denied, then the Change Order Fee shall be promptly returned to Owner. No work on the change order shall commence until approved in writing by the College. For purposes of this agreement, a minor change or modification shall also require a written change order using Exhibit C. Such minor changes or modification shall not be charged a Change Order Fee. 3. OWNER'S OBLIGATIONS AND RESPONSIBILITIES. Owner shall act as general contractor in connection with the construction of the improvements shown on the Plans (the "Improvements"), and in addition to other obligations and responsibilities of Owner set forth in this Contract, Owner shall be obligated and responsible for each of the following matters: 2 Form B-5 (a) Subcontractors. Owner shall contract or subcontract for all labor and services necessary to complete the Improvements, other than the Work, including, without limitation, all demolition of existing improvements and site preparation, landscaping, electrical, and plumbing work. The providers of all such labor and services (collectively, the "Subcontractors") shall be duly qualified and licensed, as required by law. Owner shall provide College with a true, correct and complete list of the Subcontractors as they become known throughout the construction process, with an initial list being provided no later than ten(10) days before the Commencement Date. Owner shall cause each Subcontractor to perform its work to the Improvements in compliance with all laws and in a good and workman-like manner. Owner shall coordinate with College regarding the order and priority of construction of the Improvements, and shall cause all of the Subcontractors to cooperate with College, so that the construction of the Improvements, including, without limitation, the Work, shall be completed in an orderly manner and in accordance with such schedule as College may require to complete the Work on or before the Completion Date (as defined in Section 7 of this Contract.) (b) Vendor Accounts. Owner shall open accounts in Owner's name with such material suppliers as College, in consultation with the Owner, may deem necessary or desirable. Upon request from the Instructors, the Owners shall promptly order and cause to have delivered all such materials necessary to complete the Work. No materials obtained in connection with the Improvements, including, without limitation, the Work, shall be charged to the College. (c) Utilities, Other Services and Access. Owner shall provide at the Site in coordination with the commencement of Work, all utilities and other services that College deems necessary or desirable to perform the Work and all other work needed to complete the Improvements, including, without limitation, electricity, lighting, water, trash removal, and heating. College shall provide its own portable toilets, hoisting, and scaffolding. Owner shall also provide, on or before the Commencement Date, a roadway reasonably acceptable to College from an existing public road to that portion of the Site on which the Improvements will be located. (d) Permits, Approvals and Licenses. Owner shall obtain, no later than ten(10) days before the Commencement Date, all permits, approvals and licenses necessary to construct the Improvements. (e) Soil Report. Intentionally omitted. (f) Site Preparation. On or before the Commencement Date, Owner shall have removed the existing improvements, remediated as necessary any environmental contamination, and prepared the site for construction. Owner shall stake the Site and the area where the Improvement will be constructed, and shall grade, set and otherwise have such area ready for construction. Prior to such Site preparation, Owner shall obtain a survey and/or such other information needed to assure that the Improvements, when constructed,will not encroach on any adjoining land or 3 Form B-5 right-of-way, nor violate any applicable set back requirements. Owner assumes full responsibility for any resulting encroachment or set back violation. (g) Compliance of the Plans and Change Orders with Laws. Owner assumes full responsibility for the compliance of the Plans and any Change Orders with all applicable laws, and with sound building and engineering practices. No approval of the Plans or any Change Order by College or the Instructors, Students or any other representative, employee, agent or student of College shall make College responsible for the adequacy, form or content of the Plans or any Change Order. If Owner breaches any of its obligations set forth above, then in addition to any other right or remedy that College may have, College shall have the right to terminate this Contract if Owner fails to cure such breach within ten (10) days after College delivers written notice of such breach to Owner, and upon any such termination, College shall have no further obligations under this Contract. 4. OWNER'S REPRESENTATIONS AND WARRANTIES. To induce College to enter into this Contract, Owner represents and warrants as follows: (a) Authority. Owner has the power and authority to enter into and perform this Contract. This Contract and the obligations of Owner herein are valid and binding obligations of Owner, and are enforceable in accordance with the terms herein. (b) Title to Site. Owner owns fee title to the Site, free and clear of all liens, encumbrances, easements and other matters affecting title, except as expressly set forth in Exhibit D attached hereto and made a part hereof (c) Financial Ability. Owner either has funds in Owner's possession sufficient to pay for the total cost of materials and services to construct the Improvements, or has received a binding commitment from a lender for such funds to pay for such cost as and when due. Owner shall promptly provide College such information as College may request to verify the validity of any or all of the foregoing representations. 5. INSURANCE; WAIVER OF CLAIMS; INDEMNIFICATION. It shall be the duty of each party to maintain insurance or self-insurance on their own property, both real and personal. At all times during the term of this Contract, Owner shall obtain and keep in effect insurance policies for the following coverage relating to the Site and the Improvements. (a) insurance against loss or damage by fire, lightning, vandalism, malicious mischief and other perils covered by a policy of"builder's risk"property insurance, in an amount not less than the full replacement value of the Improvements; and (b) commercial general liability insurance against claims for bodily injury, death and property damage occurring at the Site, which shall provide coverage in the amount of at least$1,000,000 with respect to any occurrence. 4 Form B-5 Owner shall promptly provide College with a true, correct and complete copy of such policies, certificates of insurance for such policies or other evidence of insurance required by this section in a form acceptable to College prior to the commencement of Work. The "builder's all risk" policy required by this section shall provide that any losses shall be payable notwithstanding (1) any act or neglect by Owner or Owner's agents, representatives, contractors or subcontractors, including, without limitation, College and the Students, the Instructors, and any other representative, employee, agent or student of College, (2) any waiver of subrogation rights by the insured, and (3) any change in title to or ownership of the Site. Owner hereby releases College and the Students, the Instructors, and any other representative, employee, agent or student of College from any and all liability and responsibility (to Owner or anyone claiming through or under Owner by way of subrogation or otherwise) for any loss or damage covered by property insurance or covered by a customary"builder's all risk"policy required by this section. Each party will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of any others and the results thereof, except as otherwise provided in this agreement. College's liability shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, Section 3.736, and other applicable law. Owner's liability shall be limited by the provisions of Minnesota Statues Section 466.04 Subject to the limitation in Minnesota Statutes Section 466.04, Owner shall defend, indemnify and hold College and the Students, the Instructors, and any other representative, employee, agent or student of College, harmless from and against all claims, losses, damages and expenses in connection with: (i) the inadequacy or illegality of any portion of the Plans and/or any Change Orders; (ii) any defects in any materials used to construct the Improvements, unless such defects result from damage caused by the Students or the Instructors; and (iii) any actions or inactions relating to the construction of the Improvements by any person other than the Students, the Instructors, or any other representative, employee, agent or student of College. Owner's releases and indemnification obligations set forth in this section shall survive the termination of this Contract. 6. SUBSTANTIAL COMPLETION AND INSPECTION OF WORK. The Work shall be deemed substantially complete when a certificate of occupancy is issued for the Property. ("Substantial Completion") On or before May 6, 2012. Owner and the Instructors shall inspect the Improvements to determine what portions of the Work, if any, are defective or remain unfinished. During such inspection, Owner and the Instructors shall prepare a punch list of any defective or unfinished portions of the Work. In addition, at anytime and from time to time during the performance of the Work prior to 5 Form B-5 said inspection, if required by either Owner or College, Owner and the Instructors shall inspect the Improvements to determine whether any portions of the Work performed prior to the date of any such inspections are defective. If there is a dispute as to any alleged defect or any punch list items, Owner and College agree that the College shall be provided the opportunity to correct such alleged defects or punch list items to comply with the Plans and Specifications as contained in this Agreement and as amended by an approved change order. College will take all reasonable steps to correct the alleged defect or punch list item. If, after a good faith effort is made by College to correct the alleged defect or punch list item in dispute and the dispute is not resolved to the satisfaction of Owner, Owner and College agree that the final determination regarding any such dispute shall be made by College's Carpentry Program Advisory Committee. At anytime Owner may request, College shall provide Owner with a list of the members of College's Carpentry Program Advisory Committee. The "Completion Date" is the date when all Work and punch list items are complete. 7. COMPLETION OF WORK: College shall use good faith efforts to complete the Work (including any punch list items prepared in accordance with Section 6 of this Contract) on or before October 28, 2011 (the "Completion Date"). 8. COMPENSATION, DEPOSIT, SERVICE CHARGE AND REIMBURSEMENT FOR CERTAIN EXPENSES. Simultaneously with executing and delivering this Contract to College, Owner shall deliver to College a cashier's check in the amount of $0, made payable to College, as an earnest money deposit, which shall be nonrefundable. Subject to the completion of the Work in accordance with this Contract, on or before the Completion Date, or upon earlier termination of this contract as provided herein, Owner shall pay College, by a cashier's check made payable to College, the following: (a) the actual cost of all materials and supplies (the "Materials") incurred by College that have been used in connection with the Work, except for any materials that have been replaced as a result of damage caused by College's employees or students or that have been charged directly to Owner as described in Section 3(b) above; plus (b) a service charge (the "Service Charge") for the performance of the Work in the amount equal to $0.00, made payable upon Substantial Completion of the Work. OWNER AGREES THAT OWNER SHALL NOT OCCUPY THE IMPROVEMENTS OR THE SITE UNTIL OWNER HAS PAID COLLEGE ALL AMOUNTS OWING UNDER THIS SECTION. 9. OPEN HOUSE. Owner agrees to allow College to conduct an open house at the Site upon completion of the Improvements on a date selected by College, which date must be reasonably acceptable to Owner. Owner shall clean the Improvements so that they will be in a suitable condition for such open house; provided that College will remove debris generated by the performance of the Work. 10. NOTICE TO OWNER. The following notice is provided by College to Owner pursuant to Minn. Stat. §514.011; 6 Form B-5 "(A) ANY PERSON OR COMPANY SUPPLYING LABOR OR MATERIALS FOR THIS IMPROVEMENT TO YOUR PROPERTY MAY FILE A LIEN AGAINST YOUR PROPERTY IF THAT PERSON OR COMPANY IS NOT PAID FOR THE CONTRIBUTIONS. (B) UNDER MINNESOTA LAW, YOU HAVE THE RIGHT TO PAY PERSONS WHO SUPPLIED LABOR OR MATERIALS FOR THIS IMPROVEMENT DIRECTLY AND DEDUCT THIS AMOUNT FROM OUR CONTRACT PRICE, OR WITHOLD THE AMOUNTS DUE THEM FROM US UNTIL 120 DAYS AFTER COMPLETION OF THE IMPROVEMENT UNLESS WE GIVE YOU A LIEN WAIVER SIGNED BY PERSONS WHO SUPPLIED ANY LABOR OR MATERIAL FOR THE IMPROVEMENT AND WHO GAVE YOU TIMELY NOTICE." 11. NO REPRESENTATIONS OR WARRANTIES. PURSUANT TO THE AUTHORITY GRANTED BY MINNESOTA STATUTES, SECTION 136F.36, SUBDIVISION 3, COLLEGE ELECTS NOT TO OFFER THE WARRANTIES CONTAINED IN MINNESOTA STATUTES, CHAPTER 327A. OWNER ACKNOWLEDGES THAT THE WARRANTIES CONTAINED IN MINNESOTA STATUTES, CHAPTER 327A DO NOT APPLY TO ANY PRT OF THE WORK. OWNER FURTHER ACKNOWLEDGES THAT, EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS CONTRACT, COLLEGE MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE WORK. OCCUPANCY OF THE IMPROVEMENTS BY OWNER SHALL BE CONCLUSIVE EVIDENCE THAT OWNER HAS ACCEPTED THE WORK "AS-IS," SUBJECT ONLY TO THE COMPLETION OF ANY ITEMS IDENTIFIED IN A PUNCH LIST PREPARED IN ACCORDANCE WITH SECTION 6 OF THIS CONTRACT. 12. NOTICES. Any notice required or permitted under this Contract shall be in writing and given by personal delivery upon an authorized representative of a party hereto, or by mailing in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid,properly addressed as follows: If to College: Hennepin Technical College 9000 Brooklyn Blvd Brooklyn Park MN 55445 Phone: 763-488-2510 If to Owner: City of Eden Prairie 8080 Mitchell Rd Eden Prairie, MN 55344 Attention: David Lindahl Notices shall be deemed effective on the earlier of the date of receipt or the date of deposit; provided, however, that if notice is given by deposit, the time for response to any notice by the other party shall commence to run two (2)business days after any such 7 Form B-5 deposit. Any party may change its address for the service of notice by giving notice of such change ten(10) days prior to the effective date of such change. 13. BUSINESS DAYS. The term"Business Days" as used in this Agreement means any day other than a Saturday, Sunday or a holiday on which the offices (other than emergency services) of the State of Minnesota are closed. 14. MISCELLANEOUS. The section headings or captions appearing in this Contract are for convenience only, are not a part of this Contract and are not being considered in interpreting this Contract. This Contract, together with the exhibits and the addendum, if any, attached hereto, constitute the entire agreement between the parties, and no other agreements prior to this Contract or contemporaneous herewith shall be effective except as expressly set forth or incorporated herein. This Contract may not be amended or modified except by a written agreement signed and delivered by Owner and an authorized representative of College. This Contract shall be interpreted and governed by the laws of the State of Minnesota. If any provision of this Contract or the application to any circumstance shall be invalid or unenforceable to any extent, the remainder of this Contract and the application of such provision to any other circumstance shall not be affected thereby and shall be enforced to the greatest extent permitted by law. 15. UREA FORMALDEHYDE DISCLOSURE NOTICE PURSUANT TO MINN. STAT. 325F.17. "IMPORTANT HEALTH NOTICE. SOME OF THE BUILDING MATERIALS USED IN THIS HOME (OR THESE BUILDING MATERIALS) EMIT FORMALDEHYDE. EYE, NOSE, AND THROAT IRRITATION, HEADACHE, NAUSEA AND A VARIETY OF ASTHMA-LIKE SYMPTOMS, INCLUDING SHORTNESS OF BREATH, HAVE BEEN REPORTED AS A RESULT OF FORMALDEHYDE EXPOSURE. ELDERLY PERSONS AND YOUNG CHILDREN, AS WELL AS ANYONE WITH A HISTORY OF ASTHMA, ALLERGIES, OR LUNG PROBLEMS, MAY BE AT GREATER RISK. RESEARCH IS CONTINUING ON THE POSSIBLE LONG-TERM EFFECTS OF EXPOSURE TO FORMALDEHYDE. REDUCED VENTILATION MAY ALLOW FORMALDEHYDE AND OTHER CONTAMINANTS TO ACCUMULATE I THE INDOOR AIR. HIGH INDOOR TEMPERATURES AND HUMIDITY RAISE FORMALDEHYDE LEVELS. WHEN A HOME IS TO BE LOCATED IN AREAS SUBJECT TO EXTREME SUMMER TEMPERATURES, AN AIR-CONDITIONING SYSTEM CAN BE USED TO CONTROL INDOOR TEMPERATURE LEVELS. OTHER MEANS OF CONTROLLED MECHANICAL VENTILATION CAN BE USED TO REDUCE LEVELS OF FORMALDEHYDE AND OTHER INDOOR AIR CONTAMINANTS. IF YOU HAVE ANY QUESTIONS REGARDING THE HEALTH EFFECTS OF FORMALDEHYDE, CONSULT YOUR DOCTOR OR LOCAL HEALTH DEPARTMENT." [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.] 8 Form B-5 IN WITNESS WHEREOF, Owner and College have executed and delivered this Agreement as of the date first written above. CITY OF EDEN PRAIRE: COLLEGE: State of Minnesota By: Board of Trustees of the Nancy-Tyra-Lukens Its Mayor Minnesota State Colleges and Universities Date: By: By: Rick Getschow Its City Manager (Print name and Title) Date: Date: Verified as to allotment/encumbrance By: Title: Date: EXHIBITS: Exhibit A: Legal Description of Site Exhibit B: Plans and Specifications Exhibit C: Change Order Exhibit D: List of Encumbrances 9 Form B-5 Exhibit A Legal Description Address 8107 Eden Prairie Rd Eden Prairie, MN UNPLATTED 17 116 22 W 357FT OF N 242FT OF THAT PART OF SE 1/4 OF NE 1/4 LYING S OF LINCOLNWOOD ADDN SUBJECT TO ROAD 10 Form B-5 Exhibit B Plans and Specifications ZN .1=TIMITEM: "Milliill'ii .........., i \::::::„,. \ • $ ki,_*---- 1 ! i .: , 4F _ . / ....--..., ..•. ,_...• • u .0_5 -I-I-___ ::..1 „ ........,_ �ii ii d �f wiP-ra PLAN EAST.rl E1EYRitl L ON WEST 9MIL+R] :NOR'.4P T-0'tWA"Ip4 /GGT �� II..... ti - — SMITH M 1 �Y au= SHED LA-& ,,N —tea GA2EHQ , GAsecnoz ZEBO PLO :. I- `w:aLm. RIMInis k MIMIC 1- ir . 7.".;#1,-"F''''''-;:. C 1'' q'WI“l''MI gj.,.P.,A''Tr.41•'...Z.: .... -751it r•-..,-... --3' 11 Form B-5 Exhibit C Changer Order# Dated: Contractor: Owner: Job Site Address: 8107 Eden Prairie RD., Eden Prairie, MN TO: Contractor Signature of Owner Signature of Owner Description of Change: Attachments (Amended Drawings,plans, specifications) Changes to the contract price and contract time resulting from Change Order: Contract Price before Change Order: $ Net increase (decrease) from this Change Order: $ Resulting Contract Price: $ Change in Contract Time: days Acceptance by College: This change order is accepted this day of 2011. By: Date: 12 Form B-5 Exhibit D List of Encumbrances Easements and restrictions filed or of record. 13 1 Historic Smith Douglas More House & Dunn Bros Coffee F� 8107 Eden Prairie Rd. /Eden Prairie MN ip J s Shed , Gazebo, and Parking Expansion Location Plan eip" 1 I Gazebo Location _ • Shed Location . Dimension=10'x12 1 Setback=30 Feet , 0 4� i F-�- at. r—e -1-I ,.1L':711;' I Threi I ----_,..____,,_,.,_., 1 I 1 f:I'm L [r. .-N. i 11,6Li 1 Ai . iiii ..,.... 1 pr • — Parking Ezposia e ' ' -4- - Te-ec.....:4:11,1., ,. - 4irr 1 [ J ik i...rf irE _ i I idr9 '', I Call Jeftl arriiii... A , 1 Li 1 _-r ___ _., __ 1 1 1 I , , . :(7,7;i4 li j___ , ..! _ . • dirattil +97 MEW._$ TM r XI t+IZ CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 17, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.Q. Sue Kotchevar, Office of the Approve 2011 Unbudgeted Fund Transfers City Manager/Finance Requested Action Move to: Approve 2011 unbudgeted fund transfers. Synopsis As part of the audit of the City's financial statements, the year-end unbudgeted transfers are summarized and reported to the City council. The City Council acceptance of the transfers is a recommended practice by the City's auditors. Most of the transfers are related to the allocation of project costs between funds. In addition, the General Fund and the Property Insurance Fund had positive operating results and amounts were transferred to the Capital Improvement and Maintenance Fund. The final use of these funds will be considered when the 2013 budget is completed. Also, more information will be provided in May when the auditors attend the City Council meeting. A bit more information on the General Fund and the Property Insurance Fund are described below. The general fund had positive operating results in 2011 and the net change in fund balance is $236,900. This includes a transfer of$808,259 to the Capital Improvement and Maintenance Fund. This is very good news because operating results for 2011 were budgeted for a loss of approximately $1,300,000. . Revenue collections were $2,085,049 more than expected and expenditures were $308,536 less than budgeted. Details of this include the following: • Tax revenue collected was $210,000 more than budgeted due to the collection 99% of the taxes levied. • Development revenue was $950,000 more than budgeted. • Charges for services were $800,000 more than budgeted primarily due to the community center • The General Fund spent 99.2% of its budget compared to 99.4%before transfers to the Capital Improvement and Maintenance Fund. The Property Insurance Fund has an additional $450,000 that is not needed to pay for premiums. This amount has accumulated due to more than expected property insurance refunds from the League of Minnesota Cities over the last few years and also more was budgeted for property insurance than needed. This budget has been reduced to reflect actual and expected costs. Attachment Transfer Schedule City of Eden Prairie Transfer Schedule 12/31/11 Transfer Transfer In Out Amount Explanation Allocation of Costs General Fund Heritage Preservation Fund 5,193 Close fund;Costs now being paid from Community Development General Fund Senior Board 2,095 Transfer the Senior Board's share of various programs/projects General Fund Fire Fighters Fund 16,883 Close fund;Activity now flowing through Fire Improvement Projects 2006 Project Fund 404,861 Transfer the Project fund's share of Valley View Road project Economic Development Improvement Projects 2006 2,509 Transfer the Improvement Project fund's share of Single Tree Lane project CIP Pavement Management Improvement Projects 2006 7,090 Transfer the Improvement Project fund's share of Single Tree Lane project G.O. Improvement Bonds 2008B Flying Cloud Drive 175,000 Transfer the Improvement Projects 2006 Fund's share of assessments Capital Maintenance and Improvement Fund Property Insurance 450,000 Transfer amounts above amount needed to maintain fund balance policy Capital Maintenance and Improvement Fund General Fund 808,259 Transfer amounts above amount needed to maintain fund balance policy CIP Bonds Facilities Internal Service Fund 3,804 Transfer the Facility Fund's share of project costs CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 17, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.R. Sue Kotchevar, Office of the Automated Teller Machines (ATM) at the City Manager/Finance City Center and the Community Center Requested Action Move to: Approve lease agreement with Flagship Bank for Automated Teller Machines (ATM) at City Center and the Community Center. Synopsis The lease shall be for a period of two years. Attachments ATM Lease Agreements ATM LEASE AGREEMENT This agreement made May 1,2012 by and between the City of Eden Prairie, 8080 Mitchell Road,Eden Prairie,MN 55344 referred to below as "Lessor" and Flagship Bank Minnesota, 7525 Office Ridge Circle, Eden Prairie,MN 55344,referred to below as "Flagship Bank." The parties agree that Flagship Bank shall install an Automated Teller Machine and/or cash dispensing machine and the Lessor will grant a lease to Flagship Bank to install said machine on its premises. In consideration of the mutual covenants contained in this agreement and for other good and valuable consideration,the parties agree as follows: 1. Flagship Bank will install, without cost to the Lessor, one(1) cash dispensing machine and/or automated teller machine (ATM). 2. The Lessor agrees to provide appropriate electrical service on a dedicated circuit and assist in the location and providing of a telephone data line. (Cost of phone line will be charged to the Lessor). 3. Under no circumstances will the relationship between the Lessor and Flagship Bank be construed to be that of a joint venture or co-partners. 4. The ATM will be properly serviced(including cash) and maintained by Flagship Bank or its agents, with no cost to the Lessor. Flagship Bank will use its best effort to keep the ATM in full operating condition. Should the ATM remain inoperative for a period in excess of thirty(30) days(except where said delay is due to a bona fide `force majeure' condition or is beyond the reasonable control of Flagship Bank),Lessor shall have the right to terminate this Agreement upon thirty(30)days written notice to Flagship Bank. 5. The term of the ATM Lease Agreement will be for a period of two (2)years commencing on the first day following the renewal date and the ATM Lease Agreement cannot be terminated except as provided below. On the expiration of the original term of this Lease as provided in agreement,this Lease shall automatically renew on a month-to-month basis unless a thirty(30) day written notice is given by either party to the other of their intent to terminate the term of this Lease. Premises is defined as all exclusive space owned by the City and not leased to third parties, and all non-exclusive common space operated and maintained by the City. The City cannot make any representation about locating other ATMs or electronic devices by any bank, savings and loan association,financial institution, securities or brokerage firm, or other enterprise offering any financial services or products offered Flagship Bank,to be installed or operated on the Premises in exclusive, leased space to third parties. 6. The machine is, and shall remain the property of Flagship Bank at all times and Flagship Bank reserves the right to remove the machine after first giving the Lessor thirty(30) days written notice. Page 1 of 2 7. There will be no exterior signage advertising the ATM, and any indoor signage will occur in such places and size, location, and design as approved by the City. Flagship Bank shall have the right to place on the ATM and the adjacent portions of the site where applicable, all appropriate and required information and promotional signage mandated by federal and state law and regulation,municipal ordinance. 8. All employees,personnel,representative or agents of Flagship Bank doing any maintenance work or service on the machine shall be given reasonable access to the machine during normal business hours. 9. Flagship Bank will assume full responsibility and liability for the equipment,installation, security, contents, and function of the ATM. Flagship Bank agrees to indemnify and defend the Lessor from any claim or suit for liability or responsibility for the equipment, contents, security, and functions associated with the use of the ATM; or, any event arising from the use of the ATM. 10. The Lessor will provide space to enable customers to have access to the ATM and for Flagship Bank or its agents for maintenance and servicing of the ATM including balancing and counting Cash. The space on the premise,as provided by Lessor, shall comply with the Americans with Disabilities Act (ADA) accessibility guidelines for buildings and facilities. 11. All notices required under this Lease will be in writing and sent registered or certified mail to: If to Lessor: If to Flagship Bank: City of Eden Prairie Flagship Bank Minnesota Attention: Sue Kotchevar Attention: Cathy Haukedahl 8080 Mitchell Road 7525 Office Ridge Circle Eden Prairie,MN 55344 Eden Prairie, MN 55344 This Agreement constitutes the entire Agreement between the Lessor and Flagship Bank with respect to the subject matter hereof and shall supersede all previous negotiations, commitments and writings. Agreed to and accepted by: Nancy Tyra-Lukens Cathy Haukedahl,VP/Branch Manager Mayor, City of Eden Prairie Flagship Bank Minnesota Rick Getschow Jackie Herman, SVP/CFO-Director of Operations City Manager, City of Eden Prairie Flagship Bank Minnesota Date Date Page 2 of 2 ATM LEASE AGREEMENT This agreement made May 1, 2012 by and between the City of Eden Prairie Community Center, 16700 Valley View Road, Eden Prairie,MN 55344 referred to below as "Lessor" and Flagship Bank Minnesota, 7525 Office Ridge Circle,Eden Prairie, MN 55344, referred to below as"Flagship Bank." The parties agree that Flagship Bank shall install an Automated Teller Machine and/or cash dispensing machine and the Lessor will grant a lease to Flagship Bank to install said machine on its premises. In consideration of the mutual covenants contained in this agreement and for other good and valuable consideration,the parties agree as follows: 1. Flagship Bank will install,without cost to the Lessor, one(1) cash dispensing machine and/or automated teller machine (ATM). 2. The Lessor agrees to provide appropriate electrical service on a dedicated circuit and assist in the location and providing of a telephone data line. (Cost of phone line will be charged to the Lessor). 3. Under no circumstances will the relationship between the Lessor and Flagship Bank be construed to be that of a joint venture or co-partners. 4. The ATM will be properly serviced(including cash) and maintained by Flagship Bank or its agents, with no cost to the Lessor. Flagship Bank will use its best effort to keep the ATM in full operating condition. Should the ATM remain inoperative for a period in excess of thirty(30) days(except where said delay is due to a bona fide `force majeure' condition or is beyond the reasonable control of Flagship Bank),Lessor shall have the right to terminate this Agreement upon thirty(30) days written notice to Flagship Bank. 5. The term of the ATM Lease Agreement will be for a period of two (2) years commencing on the first day following the renewal date and the ATM Lease Agreement cannot be terminated except as provided below. On the expiration of the original term of this Lease as provided in agreement,this Lease shall automatically renew on a month-to-month basis unless a thirty(30) day written notice is given by either party to the other of their intent to terminate the term of this Lease. Premises is defined as all exclusive space owned by the City and not leased to third parties, and all non-exclusive common space operated and maintained by the City. The City cannot make any representation about locating other ATMs or electronic devices by any bank, savings and loan association, financial institution, securities or brokerage firm, or other enterprise offering any financial services or products offered Flagship Bank,to be installed or operated on the Premises in exclusive,leased space to third parties, including C. H. Robinson and Independent School District#272. 6. The machine is,and shall remain the property of Flagship Bank at all times and Flagship Bank reserves the right to remove the machine after first giving the Lessor thirty(30) days written notice. Page 1 of 2 7. There will be no exterior signage advertising the ATM, and any indoor signage will occur in such places and size, location, and design as approved by the City. Flagship Bank shall have the right to place on the ATM and the adjacent portions of the site where applicable, all appropriate and required information and promotional signage mandated by federal and state law and regulation, municipal ordinance. 8. All employees,personnel,representative or agents of Flagship Bank doing anymaintenance work or service on the machine shall be given reasonable access to the machine during normal business hours. 9. Flagship Bank will assume full responsibility and liability for the equipment, installation, security, contents, and function of the ATM. Flagship Bank agrees to indemnify and defend the Lessor from any claim or suit for liability or responsibility for the equipment, contents, security, and functions associated with the use of the ATM; or, any event arising from the use of the ATM. 10. The Lessor will provide space to enable customers to have access to the ATM and for Flagship Bank or its agents for maintenance and servicing of the ATM including balancing and counting Cash. The space on the premise, as provided by Lessor, shall comply with the Americans with Disabilities Act (ADA) accessibility guidelines for buildings and facilities. 11. All notices required under this Lease will be in writing and sent registered or certified mail to: If to Lessor: If to Flagship Bank: City of Eden Prairie Flagship Bank Minnesota Attention: Sue Kotchevar Attention: Cathy Haukedahl 8080 Mitchell Road 7525 Office Ridge Circle Eden Prairie,MN 55344 Eden Prairie, MN 55344 This Agreement co nstitutes onshtutes the entire Agreement between the Lessor and Flagship Bank with respect to the subject matter hereof and shall supersede all previous negotiations, commitments and writings. Agreed to and accepted by: Nancy Tyra-Lukens Cathy Haukedahl,VP/Branch Manager Mayor, City of Eden Prairie Flagship Bank Minnesota Rick Getschow Jackie Herman, SVP/CFO-Director of Operations City Manager, City of Eden Prairie Flagship Bank Minnesota Date Date Page 2 of 2 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 17, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.S. Police Department Rob Reynolds, Police Chief Declaring Police Canine Surplus Property Requested Action Move to: Declare police canine as surplus property. Synopsis The Police Department determined it was the appropriate time to retire the canine. The canine will be sold according to City Code 2.86, subd. 3, B. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 17, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.T. Rob Reynolds, Chief Police Accept Extension of 2009 Homeland Security Police Grant for the amount of$66,034.09 Requested Action Move to: Accept the extension of Homeland Security Grant#2009-MNJAC-00513 for the amount of$66,034.09. Synopsis The City of Eden Prairie was been awarded a 2009 Homeland Security Grant for the amount of $67,000 which is set to expire March 31, 2012. The extension will grant fund usage through July 31, 2012. The grant will be used to fund a full-time contracted employee with MN Joint Analysis Center(MNJAC). Attachments Agreement • Grant Agreement Amendment Page 1 of 2 Minnesota Department of Public Safety("State") Grant Program: Homeland Security and Emergency Management Division 2009 Minnesota Joint Analysis Center(MNJAC) 444 Cedar Street, Suite 223 St Paul, Minnesota 55101-6233 Grant Agreement No.: 2009-MNJAC-00513 Grant Amendment No.: 1 Grantee: Grant Agreement Term: City of Eden Prairie Effective Date: 9/1/2009 8080 Mitchell Road Expiration Date: 3/31/2012 7/31/2012 Eden Prairie,Minnesota 55344 Grant Matching Requirement: Grantee Agreement Amount: Original Agreement Amount $0.00 Original Agreement Amount $67,000.00 Previous Amendment(s)Total $0.00 Previous Amendment(s) Total $0.00 Current Amendment Amount $0.00 Current Amendment Amount ($965.91) Total Agreement Amount $0.00 Total Agreement Amount $66,034.09 In this Amendment deleted agreement terms will be struck out and added agreement terms will be underlined. Exhibit A of the Original Grant Agreement is replaced by Revised Exhibit A,which is attached and incorporated into this Grant Agreement. Any references to Exhibit A in the Original Grant Agreement now refer to Revised Exhibit A. The Original Grant Agreement and all previous amendments are incorporated into this amendment by reference. 1. ENCUMBRANCE VERIFICATION 3. STATE AGENCY Individual certifies that funds have been encumbered as required by Minn.Slat.§§16A.15 and 16C.05. By: (with delegated authority) Signed: Title: Date: Date: Grant Agreement No.2009-MNJAC-00513/SWIFT contract#42042/PO# 3000009071 2. GRANTEE The Grantee certifies that the appropriate person(s) have executed the grant agreement on behalf of the Grantee as required by applicable articles,bylaws,resolutions,or ordinances. By: Title: Date: By: Distribution: DPS/FAS Title: Grantee State's Authorized Representative Date: DPS Grant Agreement Amendment(09/08) • Minnesota Department of Public Safety. • . 444 Cedar Street, Suite 223 ' x .d,,4,d,„„„a,.,,,, ....,, Homeland Security and Emergency Management Division • Saint Paul, MN 55101 Grantee Name: Eden Prairie, City of Applipaiton Number: •A-MNJAC-23606-2009-10251 • Program: Urban Area Security Initiative/Investment#05: MNJAC " • • Organization • ' • Description Award wages and benefits • Wages and benefits for an Analyst to work in the MNJAC. . $63;000:-00• • $62,034.09 _. Sub-Total • - .$62,000:00I �. $62,034.09 " Training • , • Description Award Travel and registration Travel and registration costs for cdnferences and training'for personnel assigned from Eden Prairie. $4,000.00 . costs. ' Sub-Total $4,000.00 • Total(this,program -$6-7'000'00- . component) $66,034.09 Allocation $6fi000:00I • 1.0 034 09 Balance • $0.00 m • < Cl) • m - o - . C • HSEM Grants Program:Grant Budget Detail 4 • CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 17, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.U. Rob Reynolds, Police Chief, Accept 2011 Homeland Security Grant for the Police amount of$28,850 Requested Action Move to: Accept the 2011 Homeland Security Grant#A-MNJAC-2011-EDENPRCI-00015 for the amount of$28,850 Synopsis The City of Eden Prairie has been awarded a 2011 Homeland Security Grant for the amount of $28,850. The grant will be used to fund a full-time contracted employee with MN Joint Analysis Center(MNJAC). Attachments Agreement MINNESOTA DEPARTMENT OF PUBLIC SAFETY Homeland Security and Emergency Management O444 Cedar Street Suite 223 • Saint Paul, Minnesota 55101-6223 Phone: 651.201.7400 • Fax: 651.296.0459 • TTY: 651.282.6555 d'4,'F http://hsem.dps.mn.gov March 14,2012 Alcohol and Gambling Enforcement Bureau of Criminal Ms. Sonja RitchieRoy,Projects Coordinator Apprehension City of Eden Prairie Driver 8080 Mitchell Read and Vehicle Eden Prairie, Minnesota 55344 Services Emergency Re: Grant A-MNJAC-20I 1-EDENPRCI-00015 Communication Networks Dear Ms. RitcliieR.oy: . Homeland Security and Emergency t ant pleased to announce that City of Eden Prairie has been awarded a 2011 Minnesota Joint Management Analysis Center(MNJAC) in the amount of'$28,850.00. Minnesota state Patrol Enclosed are three copies of the grant agreement. Please have the authorized official of your agency • Office of who has the legal authority to sign grant agreements sign each of the copies in Box"2. Grantee", on Communications page 2 and return them to; Officer of Ann Kuz Grants Specialist Justice Programs Ja P Homeland Security&Emergency Management Office of 444 Cedar Street, Suite 223 Pipeline Safety St. Paul, Minnesota 55 1 0 1-6223 Office of Traffic Safety If your rant award is$100,000 or more, please sign and return the Certification Regarding State Fire Lobbying form that is enclosed. • Marshal Enclosed is a notice describing MN Statutes on contract signature requirements. Also enclosed is a description of grant reporting requirements, including the due dates for submittal of progress and financial status reports. If you have questions,please contact me by e-mail at a nn.kuzi@,state,rnn,us, or by phone at 651-201- 7422. Thank you. Sincerely, u74._ Ann Kuzj Grants Specialist Enclosures EQUAL OPPORTUNITY EMPLOYER • • Grant Agreement Page 1 Minnesota Department of Public Safety("State") Grant Program: Homeland Security and Emergency Management 2011 Minnesota Joint Analysis Center(MNJAC) Division 444 Cedar Street, Suite 223 Grant Agreement No.:A-MNJAC-2011- -- St Paul,Minnesota 55101 EDENPRCI-00015 Grantee: Grant Agreement Term: City of Eden Prairie Effective Date: 1/1/2012 8080 Mitchell Road Expiration Date: 12/31/2013 Eden Prairie,Minnesota 55344 Grantee's Authorized Representative: Grant Agreement Amount: Sonja RitchieRoy,Projects Coordinator Original Agreement $28,850.00 8080 Mitchell Road Matching Requirement $0.00 Eden Prairie,Minnesota 55344 Phone: (952) 949-6232 Email: sritchieroy@edenprairie.org State's Authorized Representative: Federal Funding: CFDA 97.067 Ann Kuzj, Grants Specialist State Funding: Homeland Security and Emergency Management Special Conditions: None Division 444 Cedar Street, Suite 223 St Paul,Minnesota 55101 Phone: 651-201-7422 Email: Ann.Kuzj@state.mn.us Under Minn. Stat. § 299A.01, Subd 2 (4)the State is empowered to enter into this grant agreement. Tern,: Effective date is the date shown above or the date the State obtains all required signatures under Minn. Stat. § 16C.05, subd. 2,whichever is later. Once this grant agreement is fully executed,the Grantee may claim reimbursement for expenditures incurred pursuant to the Payment clause of this grant agreement. Reimbursements will only be made for those expenditures made according to the terms of this grant agreement. Expiration date is the date shown above or until all obligations have been satisfactorily fulfilled,whichever occurs first. The Grantee, who is not a state employee will: Perform and accomplish such purposes and activities as specified herein and in the Grantee's approved 2011 Minnesota Joint Analysis Center(MNJAC)Application("Application")which is incorporated by reference into this grant agreement and on file with the State at 444 Cedar Street, Suite 223, St Paul,Minnesota 55101. The Grantee shall also comply with all requirements referenced in the 2011 Minnesota Joint Analysis Center (MNJAC) Guidelines and Application which includes the Terms and Conditions and Grant Program Guidelines (https://app.dps.mn.gov/EGrants),which are incorporated by reference into this grant agreement. Budget Revisions: The breakdown of costs of the Grantee's Budget is contained in Exhibit A,which is attached and incorporated into this grant agreement. As stated in the Grantee's Application and Grant Program Guidelines, the Grantee will submit a written change request for any substitution of budget items or any deviation and in accordance with the Grant Program Guidelines. Requests must be approved prior to any expenditure by the Grantee. Matching Requirements: (If applicable.)As stated in the Grantee's Application,the Grantee certifies that the matching requirement will be met by the Grantee. Payment: As stated in the Grantee's Application and Grant Program Guidance, the State will promptly pay the DPS Grant Agreement non-state(09/08) f Fit\ Grant Agreement Page 2 Grantee after the Grantee presents an invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services and in accordance with the Grant Program Guidelines. Payment will not be made if the Grantee has not satisfied reporting requirements. Certification Regarding Lobbying: (If applicable.) Grantees receiving federal funds over$100,000.00 must complete and return the Certification Regarding Lobbying form provided by the State to the Grantee. 1. ENCUMBRANCE VERIFICATION 3. STATE AGENCY Individual certifies that funds have been encumbered as required by Minn.Stat.§§16A.15 and 16C.05. By: (with delegated authority) Signed: Title: Date: Date: Grant Agreement No. A-MNJAC-2011-EDENPRCI-00015/SWIFT Contract#41433/PO#3000008823 2. GRANTEE The Grantee certifies that the appropriate person(s) have executed the grant agreement on behalf of the Grantee as required by applicable articles,bylaws,resolutions,or ordinances. By: Title: Date: By: Distribution: DPS/FAS Title: Grantee State's Authorized Representative Date: • DPS Grant Agreement non-state(09/08) 2011 Minnesota Joint Analysis Center(MNJAC) EXHIBIT A Organization: Eden Prairie, City of A-MNJAC-2011-EDENPRCI-00015 Budget Summary Urban Area Security Initiative -Investment#12: MNJAC: MNJAC Budget Category Request Organization Salary and benefits for the $27,350.00 Analyst Total $27,350.00 Training Training for the Analyst $1,500.00 $1,500.00 Total $28,850.00 Allocation $28,850.00 Balance • $0.00 02/02/2012 Page 1 of 1 A-1 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 17, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.V. Finance Department Approve contract with Impact for the Printing and Sue Kotchevar Mailing of Utility Bills Requested Action Move to: Approve the contract with Impact for the printing and mailing of Utility Bills Synopsis In 2011, Logis notified cities that they would no longer print utility bills. During this time it was also discussed with the member cities the possibility of better rates if City's used the same vendor. In a joint effort with Apple Valley, Crystal, Coon Rapids, Eagan, Eden Prairie, Farmington, Golden Valley, Lakeville and Robbinsdale a Request for Quote was written up. The City also looked into the possibility of printing bills in-house. The RFQ was sent out on September 26,'2011. The RFQ was sent to seventeen vendors with thirteen vendors responding. Meetings and tours were set up with Lone Oak,Apex and Impact. The group of cities all recommended Impact based on price and qualification. Impact price is approximately $.50 per utility bill which is comparable to the cost we are currently paying. The price for printing bills in-house was approximately$.59 per bill. Attachments • Contract • Pricing Addendum MASTER SERVICE AGREEMENT IMPACT MAILING OF MINNESOTA, INC. Dba: Impact Proven Solutions ThisAgreement ismade by and between Impact all ordersand isthe responsibility of the Customer. The Mailing of Minnesota, Inc., a Minnesota corporation, Provider reservesthe right to hold mailingsforwhich ("Provider") and the City of Eden Prairie, a Minnesota sufficient postage hasnot been paid or until postage corporation ("Customer"). payment has been verified. The Customerwill provide the postage payment in adequate time forthe 1. QUOTATIONS: Quotationsare subject to Providerto complete the mailing priorto the previously acceptance within 30 days. Quotationsare based on agreed upon mail date. the cost of services, labor and materialson the date of the quote. If changesoccur in cost of materials, labor, 5. ACCEPTANCE OF ORDER Acceptance of each order orothercostspriorto acceptance, or if the Customer issubject to credit approval. The Providershall requireschangesin the mailing schedule subsequent promptly notify the Customer in writing if the Provider to acceptance, the right isreserved to change the doesnot accept an orderdue to a delinquent price quoted. Subsequent orderswill be subject to account orfor any other reason. price revision if required. Quotationsdo not include The provider may refuse at any time to mail any applicable taxes, shipping costsordeliveriesunless copy, photographsorillustrationsof any kind that in the specifically stated. Quotationsare only valid when in provider'ssole judgment isan invasion of privacy, is writing. degrading, libelous, unlawful, profane, obscene, Quotationsare based on the accuracy of the pornographic, tendsto ridicule or embarrass, or isin specificationsprovided by the Customer. The bad taste, orwhich in the provider'ssole judgment isan quotation issubject to revision should the input infringement on a trademark, ortrade name, orservice materials received forthe job not conform to the mark, or copyright belonging to others. specificationsprovided by the Customer. 6. MAIUNG US1SAND OTHERCUSTOMERDATA: 2. CANCELLATION: Ordersmay be canceled by the Impact agreesto hold asconfidential all information it Customerat any time by notice in writing orvia e-mail receivesfrom Customerand all information shall remain with the understanding that the Providerwill be the property of Customer. Impact may only use such compensated in full for any work or services information forthe lawful purposescontemplated performed priorto cancellation, plusthe cost of any within thisAgreement. The Providerspecifically agrees goodsorservicespurchased forthe orderthat cannot not to use ordisclose any "non-public personal be cancelled, returned or used foranotherorder. information"received from the Customer in any manner prohibited by Title V of the Gramm-Leach-Bliley Providerwill maintain up to 4 monthssupply of all Act orthe regulationsissued thereunder. With special order items. Customerisresponsible for Customer'spriorwritten consent, Impact may disclose payment to providerforthese itemsshould customer: such information to: (a) itsemployeesand employees a.) Change their artwork or logo. b.) Choose to of permitted subcontractorsand Affiliateswho have a discontinue use of special order item. c.) Choose to legitimate businessneed to know; (b) itsattorneysand terminate thisAgreement and discontinue Impact's accountantsasnecessary in the ordinary course of services. business; and, (c) any other party or third party vendor with a legitimate business need to know. 3. ORDERS: Ordersand any amendmentsthereto shall be in writing and shall be signed by authorized Customer'smailing list(s) in the Provider's possession, for representativesof Customerand Provider. storage or otherwise, isthe exclusive property of the Customer and shall be used only at the Customer's 4. POSTAGE/DEUVERY: Unless specifically noted, instructions. The Provider shall provide reasonable and quotationsdo not include postage. The Providerwill prudent protection against the lossof a Customer'slist, notify the Customer in writing of the required postage in much the same mannerthat the Customer would assoon asthisamount isknown and will notify the itself. Thisincludesadequate backup proceduresforall Customerof the date when the postage isneeded in filesand programs. The Providershall pay forthe cost of orderto complete the mailing priorto the agreed replacing such lists in the event of systemsfailure, loss upon mailing date. While the Providerwill make every by fire, vandalism, theft, orothersuch causes effort to provide the Customerwith an accurate (excluding destruction of the list due to Customer's estimate of required postage, the Provider isnot negligence orwillful misconduct), provided that the responsible foradditional postage chargesif the rate Customer hasa duplicate list orhasthe source material of postage changesdue to the design of the mail from which the list wascompiled, and then only to the piece. Payment of postage in advance isrequired on extent of the costsinvolved in replacing the lost list. The Provider shall not be liable for compiling such lists nor carton, skid or container unlessnoted thereon and on for an intangible orspecial value attached thereto. accompanying paperwork. The Provider will apply a The Provider isnot responsible forthe accuracy or surcharge forany rework neceocaryformaterials integrity of listsor other data supplied by the Customer received not meeting these specification& ora list broker. Unlessotherwise specified in writing in Providersaccept printers' count until processing advance, all rented mailing listsare provided on a and mime no responsibility forshortagesdiscovered one-time use basis. at that time. Additional chargeswill apply if Customer requiresthe Providerto verify printer'scountspriorto All data created, collected, received, maintained or processing. Customer isexpected to provide Provider dirrrminated for any purpose in the course of this with sufficient inventoryoradequate sourcesof supply Contract isgoverned by the Minnesota Government to meet anticipated demand. Data PracticesAct, Minn. sat. Ch. 13, any other Collect shipmentswill be accepted by the applicable state statute, orany state rulesadopted to Provideronly if clearance isobtained in advance, and implement the act, aswell asfederal regulationson a service charge will be added to the actual freight data privacy. charges. Providerisnot responsible for the condition of shipped materials, unlessCustomerhasbeen billed for 7. MATERIALS: The Provider assumes in all quotations packing and/orshipping. that all material provided will permit efficient handling Customer retainstitle to and the insurable on automated equipment and meetsequipment interest in its materials. Because of this, the Provider is manufacturer's published specifications. Materials held harmlessfor acts not of itsdoing that create logs. furnished that are within manufacturer'sspecifications, It isthe responsibility of the Providerto carry insurance but which are not up to acceptable operational to protect against actsor negligence on the part of its standardsdue to poorfolding,facing, trimming, employeesin the normal course of business. If specific packing, sticking together of material, insufficient additional insurance coverage isdesired, such leeway between enclosuresand envelopes, square coverage must be specified by agreement or by envelope flapsorothercauses, will be subject to separate insurance riderand premium. In such pricing at special rates. Customerwill be notified when instances, the liability forloswill be limited to the a deficiency isdiscovered and written approval will be agreed upon insurance amount. obtained for handling at special rates before proceeding with work. A new delivery schedule may 8. INSERTING SEQUENCE Effort will be made to insert result when deficient materialsare used. material in the sequence and facing the direction the The Provider isnot responsible for identifying Customer requests, but quoted pricesassume the most errorsin preprinted copy on Customer-furnished advantageousproduction speeds. Specified sequence materialsand assumesno liability fordamages orfacing may result in additional chargesif specified in resulting from the mailing of materialswhich contain the order. erroneous information. When performing mailingsfor not-for-profit customers, the Provider is not responsible 9. OVERAGES: The Customer must advise the Provider, for content in mailed materialswhich causesa in advance of the job, the disposition of overage& customer to lose their Nonprofit Status. Overagesmay be returned to the Customer, stored or All direct mail handling and processing involves destroyed, asspecified by the Customer. If itemsare spoilage. Spoilage of up to three (3) percent of stored or returned, reasonable storage and delivery Customer's material istypical. Allowancesfor spoilage chargeswill be added if specified in the order. should be taken into consideration in ordering Additionally, at the Provider'soption and without material. Every effort will be made to handle liability to the Provider, material may be automatically Customer's material with frugality and to prevent destroyed if Customer hasfailed to respond within 60 undue spoilage. Nevertheless, the Provider cannot daysto a written disposition request orfailed to pay for accept responsibility for shortagesof material asa storage within 30 daysafter receipt of an invoice for result of normal spoilage in processing. All stock and storage costs materialsbelonging to a customerwill be held and stored only at the customer's risk, except the Provider 10. DBJVERYSCHEDULES: Provider will make every shall be responsible forthe actsor negligence of its reasonable effort to meet scheduled delivery and employeesorsubcontractors, and the Customershall mailing date(s), but because of the many factors be responsible for insurance on their material. outside itscontrol, accepts no liability forfailure to meet Printerdelivery ticketsmust accompany the scheduled date(s). In addition, Provider has no control material delivered and should show the numberof over U.S. Postal Service, United Parcel Service or skidsorcartons, the quantity perskid or carton and common carriers' delivery schedulesand cannot the total delivery quantity. Each incoming carton or guarantee when mail orshipmentsdeposited with or skid must bear an identity, item code, quantity and a released to these carrierswill be delivered. The sample clearly visible. Each skid should have only one Customershall accept the date which mail or material version, unlessclearly marked and separated. shipmentswere deposited with orreleased to these Multiple itemsshould not be included within a single carriersasthe date of delivery. Postage may include: actual cost of delivery to Bulk Mailing Centers, documentation accompaniesthe order. If, afterthe Presort/Commingle fees, foreign mailing charges, and Customer haspaid the invoice, it isdetermined that other costs incurred related to postage. more tax isdue, the Customer must promptly remit the All ordersare accepted contingent to fire, required taxesto the taxing authority or immediately accident, actsof God, mechanical breakdown or reimburse the Providerforany additional taxespaid by other causes beyond the Provider'scontrol. Snce the the Provider. time element isan integral part of the mailing business, 14. STORAGE The Providerwill retain intermediate quoted pricesare based upon a specific set of time materialsuntilthe related end product hasbeen schedulesfor completion. Any requested deviation accepted by the Customer. If requested by the from the schedulesdescribed or agreed upon by both Customer, intermediate materialswill be stored for an partiesat commencement of order may alterthe additional period at additional charge, if any, specified quoted price. Late material may affect the in the order completion date of the order by a greater degree than the actual elapsed time the material islate. 15. TERMINATION: This Agreement may be terminated Additional delivery charges: Chargesfor actual by the Provider upon 30 days priorwritten notice to cost of delivery of materialsand suppliesfrom the Customer. ThisAgreement may be terminated by Customerto the Provider, from the Customer'ssupplier Customer upon written notice to Provider. In the event to the Provider, orfrom the Providerto a Customer or of termination of thisAgreement, Customer shall pay at Customer'sdirection are not included in quotations Providerforservicesperformed priorto the effective unlessspecified. date of termination, and the balance of any money Title forfinished work pasccsto the Customer that Customer hasdeposited with the Providershall be upon delivery to the carrier at shipping point; or upon refunded to Customer. mailing of invoicesforthe finished work or itssegments, whichever occursfirst. 16. GOVERNING LAW. ThisAgreement shall be governed by and construed in accordance with the 11. ERRORS IN MAIUNG/INDEMNIFICATION: Provider laws of the state of Minnesota. Any action regarding shall be liable for re-mailing/re-shipping a correction or thisAgreement shall be venued in the State of corrected job assoon aspossible to rectify the Minnesota District Court in Hennepin County, mistake, perthe job'soriginal specifications. Minnesota. Damagesshall be limited to the value of the work performed. In no case isthe provider liable forlossof 17. ASSIGNMENTAND SUBCONTRACTING. This business; creative work; incidental orconsequential Agreement may not be assigned by Customeror damages. assigned orsubcontracted by Providerwithout the prior INDEMNIFICATION:The Provider shall indemnify and written consent of the other party. hold harmlessthe Customer and itsofficers, agents and employeesfrom and against all claims, damages, 18. AUDIT. Under Minn. sat. §§ 6.551 and 16C.05, lossesor expenses, including attorney fees, which may subd. 5, the Provider's books, records, documents, and be suffered orforwhich they may be held liable, accounting proceduresand practices relevant to this arising out of or resulting from the negligence of the Agreement are subject to examination by the Provider, itsemployees, agentsor subcontractors. Customer, Legislative Auditor, and/or State Auditor, as Providershall comply with all applicable lawsand appropriate, fora minimum of sixyearsfrom the regulations relating to the safety of personsor completion of thisAgreement. property, or to the protection of personsor property from damage, injury, or loss. 19. ENTIREAGREEMENT. The termsand conditionsset forth in thisAgreement and the written ordersconstitute 12.PAYMENT: The Customeragreesto pay and the the entire understanding of the parties relating to the Provideragreesto receive and accept payment in subject matterthereof. ThisAgreement may be accordance with the pricesquoted asset forth in amended only by a written instrument signed by both each order. Upon completion of each order and parties, and each order may be amended only by a acceptance by the Customer, the Provider shall written instrument signed by an authorized submit an invoice forthe order. The Customershall representative of both parties. pay the invoice within thirty-five (35) daysof receipt, or the Customer shall be responsible for any related 20. CLAIMS. To receive any payment on this Contract, collection costs, legal feesand interest at the rate of the invoice or bill must include the following signed and eight (8%) percent peryearon the delinquent invoice. dated statement: ! declare under penalty of perjury that thisaccount, claim, ordemand isjust and correct 13. TAXES:All amountsdue fortaxesand assessments and that no part of it hasbeen paid. (Minn. Stat. will be added to the Customer's invoice and are the Section 412.271, Subd. 2)" responsibility of the Customer. No tax exemption will be granted unlessofficial proof of the Customer's exemption ison file with the Providerorsuch 21. PAYMENTOF SUBCONTRACTORS. The Provider shall pay to any subcontractor within ten (10) days of the Provider's receipt of payment from the City for undisputed services provided by the Provider. The Providershall pay interest of one and one-half percent (1.5%) 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 lessthan $100.00, the Providershall pay the actual amount due to the subcontractor. (Required by Minn. Stat. ' 471.425, Subd. 4a) 22. DEPOSITS. The City's postage deposit with Impact Proven Solutions is refundable to the City within 35 daysof cancellation of the contract and the payment of all amountsdue by the City. 23. FEES FOR SERVIC E The feesfor service are attached as Exhibit A attached hereto. All postage related feesare subject to change when USPSrates change. All paper pricesare subject to changesif Impact hasdocumented paper costs increases. All pricesare subject to change if water bill volumes change substantially. AGREED TO AND ACKNOWLEDGED BY: Impact Mailing of Minnesota, Inc., a Minnesota corporation (Provider) Signature &Date: Tim Johnson, CEO Name &Title And: City of Signature &Date: Name &Title Signature &Date: Name &Title Sit 7 r r=?l!..IMPACT Proven Solut►ons- LOGIS UTILITY BILLING PROGRAM Master Service Agreement Pricing Addendum Water Bill Processing 1 cycle monthly: (24-48 hr turn around) March 2nd 2012 COLORS Bundle Price Per Each- 0/0 0/1 1/1 c 2/1 c 3/1 c Includes: Postage* Processing, paper and other fees Bundled price including current postage rates 0.5002 0.5129 0.5389 0.5509 0.5649 Specifications: 1-Simplex laser printing (8.5 X 11) 1-20#blank paper wiper(or 24#paper wiper(&custom color shells 1-Double window white#10 Outgoing envelope with inside tint 1-Single window white single#9 Reply envelope with inside tint 2-Insertions-1 page bill and Reply envelope. 1-Metering/Data Processing/Mail entry Flat and Other Charges: NCOA/CASS, DP, per processing charge $97 Each Additional bill page insert into one outgoing envelope 0.05 0.7 0.08 0.09 0.10 Inserting each monthly non bill Insert(not insert printing) $0.01 PDFsCreated and placed on FTP after go live. $0.015 per image *All qualified 1 and 2 oz First Class mail rates are subject to change. Rates increased on January 22nd and they may increase again soon. Additional postage will apply for heavier mail or mail that does not qualify for automation rates. Hand Inserting Flat 9 x 12 mail(bill at current flat postage rates.) 0.050 Custom Set Up to Bill (First 10 hours.$120/hour after first 10 hrs.) $250 first 10 hrs only $120 rates for both programming and creative services 3/2/2012 CITY COUNCIL AGENDA DATE: SECTION: Public Hearing April 17, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 11-5792 ITEM NO.: IX.A. Rodney W. Rue Order Improvements and Approve Plans Public Works/Engineering and Specifications for Mitchell Road Street, Trail and Utility Project Requested Action Move to: • Close the public hearing and; • Adopt Resolution ordering Mitchell Road Street, Trail and Utility Improvements; and • Adopt Resolution approving plan and specifications for I.C. 11-5792, Mitchell Road Street, Trail and Utility Improvements. Synopsis The Notice of the Public Hearing was published on April 5 and 12, 2012, in the Eden Prairie News. Individual notices and a copy of the feasibility study were also sent to the two adjacent property owners on April 5, 2012. If the project is ordered, it is proposed that the improvements will be bid on May 24, 2012, and will be substantially completed by August 31, 2012. The City Engineer has prepared a feasibility study for street,trail, and utility improvements on Mitchell Road from CSAH No. 1 (Pioneer Trail)to about 800 feet north of CSAH No. 4 (Spring Road). A portion of these improvements are an obligation of Grace Church as described in their Developer's Agreement dated October 3, 2000. In addition, the Metropolitan Airport Commission (MAC) will contribute their share of the improvements at the time of development of their adjacent property. A public hearing is necessary for the consideration of these improvements. Background Information This section of Mitchell Road south of CSAH No. 1 (Pioneer Trail)was previously CSAH No. 4 (Spring Road)until 2007 when it was jurisdictionally transferred from Hennepin County to the City of Eden Prairie and renamed Mitchell Road. The proposed improvements include upgrading the existing rural section to an urban section with concrete curb and gutter, storm sewer,trail and utility improvements. On April 19, 2011, the city council approved a Professional Services Agreement with HTPO, Inc. for design services for this section of Mitchell Road, as well as coordination of the street and storm sewer design with the Flying Cloud Athletic Field Improvement Project. With assistance from HTPO Inc., the Engineering Division has prepared plans and specifications for the Mitchell Road Street Improvements (south of Pioneer Trail) and adjacent to Grace Church. The construction plans also include approximately 300 feet of watermain relocation/lowering beyond the southern end of the Mitchell Road Improvements. Construction of the project is scheduled to begin in late June and be completed by the end of August this year. In order to most efficiently construct the improvements, the roadway is planned to be closed to traffic for approximately six weeks. The contractor will be required to provide access to Grace Church for Sunday services during this time period to minimize impacts to the adjacent property owner. Project Cost Summary The total project cost for the street, trail and utility improvements is estimated at $796,500. There are two benefitting properties (Grace Church and the Metropolitan Airport Commission's Flying Cloud Airport) adjacent to these improvements. It is proposed that these two benefitting properties together with the City of Eden Prairie will share in the project costs. In addition, Hennepin County provided a $70,800 payment as a result of the jurisdictional transfer to the City of Eden Prairie. It is proposed that this payment will be utilized as a credit to all benefitting and contributing properties or agencies on a pro-rated basis. The Grace Church property is proposed to be assessed for their share of the improvements based on their obligations as outlined in their Developer's Agreement dated October 3, 2000. This results in an assessment of approximately $220,500. When the Hennepin County payment is applied as a credit to their assessment, the net assessment amount is estimated at $200,300. MAC's Flying Cloud Airport property is proposed to pay their share of the project cost at the time of development of the property at the southeast corner of CSAH No. 1 (Pioneer Trail) and Mitchell Road. In addition, the proposed improvements include the installation of sanitary sewer and water services for the above mentioned developable property. Therefore, MAC is proposed to pay their share of the street, storm sewer and trail improvements estimated at $157,000, as well as 100% of the sanitary sewer and water service costs estimated at $22,400. When the Hennepin County payment is applied as a credit to the street, storm sewer and trail improvement payment only, the net payment is estimated at $142,700. The balance of the project costs will be paid by the City of Eden Prairie utilizing eligible Municipal State Aid funds. With the additional watermain relocation/lowering added to the plans and specifications for the project, the construction and engineering costs only for the project(excluding administrative fees and interest associated with the assessment portion of the project) are estimated at $825,000. This additional watermain work included in the bid documents will be paid by the Water Capital Fund. Attachments • Feasibility Report • Resolution---Order Improvements • Resolution---Approve Plans and Specifications CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2012- A RESOLUTION ORDERING IMPROVEMENTS WHEREAS,the City Council held a public hearing on the following proposed improvements: I.C. 11-5792: Mitchell Road Street, Trail and Utility Improvements WHEREAS, ten days published notice of the Public Hearing through two weekly publications of the official newspaper was given and the hearing was held on the 17th day of April, 2012, at which time all persons desiring to be heard were given an opportunity to be heard thereon. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: 1. Such improvements are necessary, cost-effective, and feasible as detailed in the feasibility report. 2. Such improvements are hereby ordered. ADOPTED by the Eden Prairie City Council on April 17, 2012. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk CITY OF EDEN PRAIRIE FEASIBILITY STUDY for MITCHELL ROAD IMPROVEMENTS Street, Trail and Utility Improvements Improvement Contract No. 11-5792 Prepared by: City of Eden Prairie Public Works Department Engineering Division 8080 Mitchell Road Eden Prairie,MN 55344-4485 TABLE OF CONTENTS COVER TABLE OF CONTENTS CERTIFICATION REPORT CONTENT I. INTRODUCTION II. STREET, TRAIL AND STORM SEWER IMPROVEMENTS III. UTILITY IMPROVEMENTS IV. PROJECT COST SUMMARY V. PROJECT FINANCING VI. CONCLUSIONS AND RECOMMENDATIONS TABLE NO. 1 ESTIMATED PROJECT COSTS TABLE NO. 2 PRELIMINARY COST DISTRIBUTION PUBLIC HEARING NOTICE PROJECT SCHEDULE FIGURE NO. 1 MITCHELL ROAD STREET IMPROVEMENTS CERTIFICATION I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly registered Professional Engineer under the laws of the State of Minnesota. Rodney W. Rue, P.E. Reg. No. 16695 Date I. INTRODUCTION This report presents a summary of the street, trail and utility improvements on Mitchell Road from CSAH 1 (Pioneer Trail) to about 800 feet north of Spring Road. This section of Mitchell Road was previously Hennepin County CSAH No. 4 (formerly Spring Road) until 2007 when it was jurisdictionally transferred to the City of Eden Prairie. The anticipated improvements in this report include upgrading this rural section roadway to an urban section roadway together with trail and utility improvements. This report will also describe the proposed improvements, preliminary cost estimates, and a proposed plan to finance the improvements. On April 19, 2011, the City Council approved a Professional Services Agreement with HTPO, Inc. to design this section of Mitchell Road as well as coordinate the design with the athletic field improvements on the airport property and to prepare plans and specifications for the reconstruction of this roadway. The adjacent benefitting properties for these improvements include the Grace Church property, which has property frontage along the entire west side of the improvements and the Metropolitan Airport Commission (MAC), which has property frontage along the entire east side of the improvements. The southerly portion of the MAC frontage has been developed into the Flying Cloud Athletic Fields, while the northerly portion is planned for future development. After discussions with leaders of Grace Church regarding obligations outlined in their Developer's Agreement and the City's intention of reconstructing Mitchell Road adjacent to their property, the City asked for and received a petition from Grace Church. Based on this discussion, their petition is requesting that the City construct their obligations defined in the Developer's Agreement as part of the proposed city project to reconstruct Mitchell Road. Similarly, discussions were held with representatives of MAC regarding their desire to develop a portion of their property adjacent to the proposed Mitchell Road improvements. Based on previously approved Agreements and communications regarding cost sharing details, MAC is proposed to also share in the cost of these improvements at the time of development of the parcel located in the southeast corner of CSAH 1 and Mitchell Road. These two adjacent property owners along with the City of Eden Prairie will share in the project costs, as described in detail later in this report. II. STREET, TRAIL,AND STORM SEWER IMPROVEMENTS This section of Mitchell Road is classified as a Major Collector in our transportation system and is designated as a Municipal State Aid route. This roadway previously was CSAH No. 4 and was jurisdictionally transferred to the City of Eden Prairie in 2007. With the transfer, Hennepin County provided the City with a payment of$70,800 for overlay and curb repairs/improvements. Due to the poor condition of the roadway, the athletic field construction, and the Grace Church roadway improvement obligations (as defined in their Developer's Agreement), the City did not utilize the county payment for overlay and curb repair/improvements. Rather, the City is proposing to use their contribution to assist with the project's reconstruction costs. The proposed street improvements include reconstruction of Mitchell Road from CSAH No. 1 (Pioneer Trail) to approximately 800 feet north of CSAH No. 4 (Spring Road) and converting this roadway from a rural section with ditches to an urban section with concrete curb and gutter and storm sewer. The typical section (excluding turn lanes) is 32 feet wide face-to-face, which matches the typical street section at the south end of the project. The improvements will include one through lane in each direction and left/right turn lanes on the south approach to CSAH 1 (Pioneer Trail) and the north approach to the intersection with Grace Church/Flying Cloud Athletic Fields. The south approach to the Grace Church/Flying Cloud Athletic Field intersection will have a left turn lane. An eight-foot wide bituminous multi-purpose trail is proposed along the west side of the entire project corridor, which will connect to the existing trail on the south end of the project. In addition, an eight-foot trail will be provided on the east side of the street from Pioneer Trail southerly to the entrance to Flying Cloud Athletic Fields. Storm sewer improvements will be incorporated with the street improvements. Storm drainage from approximately the northerly 900 feet of the street improvements will be discharged into the existing infiltration basin located within Flying Cloud Athletic Fields. This infiltration basin was appropriately sized during the athletic field's design and construction project to accommodate this drainage. The drainage for the southerly section of the street improvements will be discharged into the Grace Church storm sewer system, with treatment provided in a downstream pond. III. UTILITY IMPROVEMENTS The proposed utility improvements for this project include sanitary sewer and watermain extensions to serve the proposed MAC development parcel in the southeast corner of CSAH No. 1 (Pioneer Trail) and Mitchell Road. The cost for these improvements will be entirely MAC's responsibility. IV. PROJECT COST SUMMARY Table No. 1 summarizes the estimated cost for the various components of the project. The construction costs are based on anticipated total construction costs assuming adequate subsurface soil conditions. The engineering costs and interest charges are also estimated in Table No. 1, together with the 9% administrative fee. It is assumed that there will not be any easement costs associated with this project. If any easement costs are incurred, they will be added to the project costs prior to the final assessment hearing. The $70,800 payment that the City received from Hennepin County will be applied as a pro-rated credit to the three benefitting properties (Grace Church, MAC, and the City of Eden Prairie). In addition to the assessment costs proposed in this report, the developable MAC parcel in the southeast corner of CSAH 1 (Pioneer Trail) and Mitchell Road will be subject to trunk assessment at the prevailing rate at the time of development according to the "Memorandum of Understanding Concerning Cooperative Solutions to Infrastructure, Right-of-Way/Easements and Park Needs Between the City of Eden Prairie and the Metropolitan Airports Commission Regarding Flying Cloud Airport" dated December 17, 2002. V. PROJECT FINANCING The total estimated project costs for the above described street, trail and utility improvements is $796,500. The project costs are proposed to be financed and/or assessed by the following described methods and as shown in Table No. 2: • Parcel No. 1 (Owner: Grace Church of Minnesota; PID: 21-116-22-33-0004) is proposed to be assessed for their share of the project costs based on the requirements set forth in their Developer's Agreement dated October 3, 2000. In Sections 7 and 19 of this Agreement, it indicates that the developer (Grace Church) is required to construct concrete curb and gutter along the west side of formerly Spring Road, now Mitchell Road; add a right turn lane on formerly Spring Road, now Mitchell Road, at its intersection with Pioneer Trail; and an eight-foot bituminous trail along the west side of formerly Spring Road, now Mitchell Road. In addition, Grace Church is to provide, at no cost to the City, any easements necessary for these improvements. Through the engineering design, estimated quantities have been calculated to construct these improvements. In essence, Grace Church is proposed to be assessed for the concrete curb and gutter, and the eight-foot trail, as well as all the restoration costs along the west side of Mitchell Road needed to construct these improvements. In addition, the pavement and aggregate base costs for the north-bound right turn lane on Mitchell Road at Pioneer Trail and the costs for half of the final wear course are proposed to be assessed. • Parcel No. 2 (Owner: Metropolitan Airport Commission; PID: 21-116-22-34-0001) is proposed to pay their share of the project costs based on the "Memorandum of Understanding Regarding Certain Development Projects at Flying Cloud Airport" dated December 7, 2010 and discussions with city staff. The proposed project responsibility, based on the result of this Agreement and communications with MAC staff, is a pro- rated cost share based on front footage for the developable parcel on the southeast corner of CSAH No. 1 (Pioneer Trail) and Mitchell Road. The front footage for this parcel is 633 feet. The total front footage for the improvements is approximately 3079 feet. Therefore, MAC's pro-rated percentage is about 21% of the balance of the project costs, less Grace Church's share (based mostly on quantities). In addition, MAC is proposed to pay for all the costs associated with extending sanitary sewer and water to their developable property. Since the City is unable to levy special assessments against another governmental unit, MAC will pay their share of these improvements at the time of development of this parcel. Therefore, it is proposed to defer MAC's share of the improvements until the time of development of Parcel No. 2, with interest accrued until the time of a building permit approval, at which time the entire payment will be due and payable. Hennepin County provided a payment to the City of Eden Prairie in the amount of$70,800 for overlay and curb repairs/improvements as a result of the jurisdictional transfer of this former section of CSAH No. 4 (Spring Road), now Mitchell Road. The City is proposing to utilize this payment as a credit to all benefitting and contributing properties or agencies on a pro-rated basis. The balance of the project costs for these improvements will be paid by the City of Eden Prairie utilizing Municipal State Aid funds. VI. CONCLUSIONS AND RECOMMENDATIONS Based on this study, Improvement Contract No. 11-5792 is feasible, cost effective, necessary and the resulting benefit will equal or exceed the proposed assessment or contribution to the abutting property. It is therefore recommended that the Eden Prairie City Council proceed with the described improvement project on a schedule similar to the schedule outlined in this report. TABLE NO. 1 ESTIMATED PROJECT COSTS MITCHELL ROAD IMPROVEMENTS I.C. 11-5792 Street Utility Total Construction $601,400 $16,200 $617,600 Engineering $126,300 $3,400 $129,700 Subtotal $727,700 $19,600 $747,300 9%Administration* $29,800 $1,800 $31,600 5% Interest* $16,600 $1,000 $17,600 Total Costs $774,100 $22,400 $796,500 *=Not applied to City's share TABLE NO. 2 PRELIMINARY COST DISTRIBUTION MITCHELL ROAD IMPROVEMTNS I.C. 11-5792 Parcel No. 1 Parcel No. 2 Parcel No. 2 City Total (Grace (MAC - (MAC- Eden Church) Street) Utilities) Prairie Construction* $159,800 $113,800 $16,200 $327,800 $617,600 Engineering** $33,600 $23,900 $3,400 $68,800 $129,700 Subtotal $193,400 $137,700 $19,600 $396,600 $747,300 9%Admin. Fee* $17,400 $12,400 $1,800 $31,600 Interest# $9,700 $6,900 $1,000 $17,600 Total Costs $220,500 $157,000 $22,400 $396,600 $796,500 ($70,800 Henn. County## ($20,200) ($14,300) ($36,300) ) Total Costs $200,300 $142,700 $22,400 * =Includes 5% contingency ** =Assumes 21% of construction value for engineering costs #=Interest estimated at 5%of subtotal ##= Payment for street improvements applied as a credit pro-rated among all benefitting and contributing properties and agencies. NOTICE OF HEARING ON PROPOSED PUBLIC WORKS IMPROVEMENTS I.C. 11-5792 TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN that the Eden Prairie City Council will meet at the Eden Prairie City Center, 8080 Mitchell Road, at 7:00 p.m. on Tuesday, April 17, 2012 to consider the making of the following described improvements: I.C. 11-5792— Street, trail and utility improvements on Mitchell Road from CSAH 1 (Pioneer Trail) to about 800 feet north of CSAH 4 (Spring Road). The area proposed to be assessed lies in Section 21, Township 116, Range 22. The total estimated project cost is $796,500. Pursuant to Minnesota State Laws, Section 429.011 to 429.111, the area proposed to be assessed for such improvements is all that property within or abutting on the above described limits. Written or oral comments relating to the proposed improvements will be received at this meeting. By Order of the City Council City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Publish: Eden Prairie News April 5 and April 12, 2012 PROJECT SCHEDULE I.C. 11-5792 April 5 and 12, 2012 Publish Public Hearing Notice in the Eden Prairie News April 5, 2012 Mail Notice of Public Hearing to Benefitting Properties April 17, 2012 Present Feasibility Study to the City Council Receive Petition for Mitchell Road Improvements Hold Public Hearing to Order Improvements Approve Plans and Specifications and Order Advertisement of Bids May 1, 2012 Approve Special Assessment Agreement with Grace Church and Re-imbursement Agreement with MAC (if necessary) Advertise for Bids in the Eden Prairie News and Construction Bulletin on May 3 and May 7, 2012 May 24, 2012 Open Bids June 5, 2012 Award Construction Contract June 25, 2012 Construction Begins (Anticipated) August 31, 2012 Substantial Completion June 30, 2013 Final Completion October 2013 Final Assessment Hearing /' ! IIIIIII IIIIIII 41. %� �� �� , C::::;' '' // IIIIIII IIIIIII IIIIIII° 11 I I o �m V yv 1 I1 1564' c K „1 6'CONCRETE SID .f+ l / �_ i1 8'BITUMINOUS TRAIL it 10'EXIST. DRAINAGE * * 7 (TiP') _ • AND UTILITY EASEMENT - -- - MITCHELL ROAD J .1 r _ --i z r, ITI— r--- M 83'EXIST. ROW 8'BITUMINOUS TRAIL END OF PIONEER TRAIL J �i ti (TYP.) IMPROVEMENTS BY / 4 HENNEPIN COUNTY / h 633' / / 882' IMAC FRONTAGE RESPONSIBILITY FLYING CLOUD I (APPROX.21%) / 4 ATHLETIC FIELDS / / FUTURE MAC DEVELOPMENT / / l'i TOTAL PROJECT FRONTAGE=3079' a �/// GRACE CHURCH COST RESPONSIBILITY TZ & $l 1 (PLUS 1/2 WEAR COURSE) sale feet 0 50 100 150 elf A. R0 Y V Date Issues/Revisions V I herebycertifythat this p V STATE AID PROJECT N0. SAP 181-104-006 V , a F s 1 1 Project No. 09-024 e or specification or reportwas prepared by me or under my directFIGURE 1 SHEET 1 'g I� Engineering•Surveying Drawn by AKc supervision and that I om a duly Licensed STATE PROJECT NO. ER_ n Landscape Architecture Design by ARC Professional Engineer under the laws of the COUNTYPROJECT N0. of g I L g Slate of Minnesota. N.s HANSENTHORP PELLINEN OLSON,Inc. coked by LAJ PROJECT NO. 0 gz MITCHELL ROAD STREET IMPROVEMENTS g SHEETS 50 "' wez>mao•uzs%,�,,, "' CLIENT PROJECT NO. EDEN PRAIRIE,MINNESOTA LL ` A A Lie. No. Dote: A A A , CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2012- A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND PROHIBITING PARKING ON MITCHELL ROAD FOR THE MITCHELL ROAD STREET IMPROVEMENTS I.C. 11-5792 WHEREAS, the City Engineer, with the assistance of HTPO Inc., has prepared plans and specifications for the following improvements to wit: I.C. 11-5792—Mitchell Road Street Improvements and has presented such plans and specification to the Council for approval. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: 1) That said plans and specifications, a copy of which is on file for public inspection in the City Engineer's Office, are hereby approved. 2) That the City Clerk shall prepare and cause to be inserted in the official paper and in a trade publication an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published no less than three weeks prior to the published bid opening, shall specify the work to be done, shall state the date and time that the bids will be publicly opened and the City Council meeting at which they will be considered. No bids will be considered unless sealed and filed with the Engineering Division and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City of Eden Prairie for 5% (percent) of the amount of such bid. 3) That the City agrees to provide the enforcement for the prohibition of on-street parking on those portions of said Project I.C. 11-5792 (S.A.P. No. 181-104-006) within its corporate limits. ADOPTED by the Eden Prairie City Council on April 17, 2012. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Public Hearing April 17, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: Vacation 12-02 ITEM NO.: IX.B. Denise Christensen Vacation of easement for ponding, flowage and drainage purposes in the Northwest Public Works/Engineering Quarter of the Southwest Quarter of Section 21, Township 116, Range 22, Hennepin County Requested Action Move to: • Close the public hearing; and • Adopt the Resolution vacating an easement for ponding, flowage and drainage purposes in the Northwest Quarter of the Southwest Quarter of Section 21, Township 116, Range 22, Hennepin County. Synopsis The Property Owner has requested the vacation of an easement for ponding, flowage and drainage purposes in the Northwest Quarter of the Southwest Quarter of Section 21, Township 116, Range 22 in order to facilitate the plat of Notting Hill Addition. Attachments • Resolution • Location Map • Site Plan • Published Notice • Notification List CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2012- VACATION OF AN EASEMENT FOR PONDING, FLOWAGE AND DRAINAGE PURPOSES IN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 116, RANGE 22, HENNEPIN COUNTY VACATION 12-02 WHEREAS, the City of Eden Prairie has an easement for ponding, flowage and drainage purposes, described in Document Number 6330667 dated June 16, 1994 and recorded on August 25, 1994 in the Office of the County Recorder, Hennepin County, Minnesota, over, across and upon the following described premises: That part of the Northwest Quarter of the Southwest Quarter of Section 21, Township 116 North, Range 22, West of the 5th Principal Meridian, lying East of the Westerly 663.85 feet, thereof and North of center line of Shakopee Road, EXCEPT the East 300.00 feet of the West 963.85 feet of the Northwest Quarter of the Southwest Quarter of Section 21, Township 116 North, Range 22 West of the 5th Principal Meridian, Hennepin County, Minnesota lying Northerly of the center line of County Road No. 1 (the "Land"). do hereby grant to City of Eden Prairie and the public an easement and right upon, on, over, under and across that part of the Land described as follows: A strip or parcel 20 feet wide lying and being along the entire length, and 10 feet on either side, of the following described centerline: Commencing at the intersection of the East line of the West 963.85 feet of the Northwest Quarter of the Southwest Quarter of Section 21, Township 116, Range 22, Hennepin County, Minnesota with the North line of said Northwest Quarter of the Southwest Quarter; thence on an assumed bearing of South along said East line a distance of 894.64 feet to the point of beginning of said centerline; thence North 29 degrees 36 minutes 12 seconds East a distance of 126.68 feet; thence North 47 degrees 39 minutes 08 seconds East a distance of 82.52 feet; thence North 35 degrees 09 minutes 21 seconds East a distance of 180.23 feet; thence North 24 degrees 31 minutes 23 seconds East a distance of 278.40 feet; thence North 09 degrees 29 minutes 08 seconds East a distance of 58.43 feet; thence North 67 degrees 51 minutes 11 seconds East a distance of 28.20 feet to the East line of said Northwest Quarter of the Southwest Quarter and there terminating. The side lines of said strip or parcel shall be prolonged or shortened to terminate on said East line of the West 963.85 feet and on said East line of said Northwest Quarter of the Southwest Quarter. For the purpose of ponding, flowage and drainage of water. WHEREAS, a Public Hearing was held on April 17, 2012, 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 easement for road purposes has no relationship to the comprehensive municipal plan; and WHEREAS, it has been determined that the said easement for ponding, flowage and drainage purposes is not necessary and has no interest to the public, therefore, should be vacated. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said easement for ponding, flowage and drainage purposed 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 new drainage and utility easement to the City and any other easement interests, if applicable, have been recorded with the Office of the County Recorder. The City Clerk shall not present the Notice of Completion of Proceedings to the County Auditor or file it with the Office of the County Recorder until the new drainage and utility easement to the City and any other easement interest, if applicable, have been recorded. ADOPTED by the Eden Prairie City Council on April 17, 2012. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk - 18. o Lake (�� MAYF ELD n D . w SUMMIT DR. 30 �c `o<"-,0 I o J �O RD. YFLsey (4. 2 Q•' 2 o' J �-� 4q GDON P�• 20 o `qti °°.° CEDAR o- OJR� BLq,��o p 21 0 o o o RIDGE SWEE WATER , v Q 0 , NIA- CAMDON Fy RD. '� D CORRAL j CIR. �� \�<c, \\-L oOULD RD. JN LA. 3 v MITCHELL Q4 LA.N \ S AZALEA 110. 1 o we " o TR. 5 ,� CIR. o J o o. /� ix o N U 2 > _ 56. z �, z cr Dj��ISERENIT LN O LiTi 57. N E. Sv`���� N �)" LN. 3 Rp�GF LI c., HILLTOP RD. a_ c' RD' Q z 6 � p/O�FFR Q�Q �� wo ,� VALLEY RD. w w SI E <v' C = 0 c.) I- m O' SA'Pj+ 0 T1 16N ✓ \ R22W 20 21 29 28 0 o' ` Pq ,cPFr`T On VAC 12-02 NORTH LOCATION MAP ALTA/ACSM LAND TITLE SURVEY as North taw NW I/,of the sou I/4 of S. a CI you Nw;/o' o r , o '`Q- M—M—M I/O 1M w/I s _ ream.(, LANE _ -15,— % �'�c, GROSS AREA = 9.87 ACRES Ih."�s� ...�1T®"' _k_� w '� -,I '�j� NET AREA = 8.59 ACRES sous p.„w.eT„ \ / LEGEND P,MI n � qq denotes fence 4 ST denotes storm sewer line ' 55 denotes sanitary sewer line ° ` —I denotes wet -E E— denotes underground electric line Ev.«t.em: h�'_ �♦ —ry denotes underground cable TV line o Ii� , —011— denotes overhead electric ,il w denotes gate valve ISO inn«m nil. �i � � denotes hydrant — $ m denotes telephone boo ppeh 7 0 Ti$ 09 denotes light pole 0 denotes power pole "ands a.wa ' ti o s W II nou:'. V 1'N AZAL , n4=fs7ee a „ JL e o \ fWOZ 'n za O bit y To Pulls Homes of Minnesota,LLC,a Minnesota limited lie ty company.and Stewart Title Guaranty Company novre aw C, This is to certify.at this mop or plat and the survey on which it is based were made in -_ accordance with the 2011 Minimum Standard Detail Requirements for ALTA/AGSM Land Title Surveys,jointly established and adopted by ALTA and NSPS,and Includes _ .Crlfa aw Ci 1,2,3,4,7((a),8,10(a),11(b),13,16,iT,and 18 of Table A thereof. The field work was completed on August 19,2011. II' Date of Map: August 22,2011 Jaffrey m /n w F_ Paul E.Otto,bond Surveyor(paul0ottoassociates.Com) 3u. Minneaola License No.40062 CA s , PROPERTY DESCRIP110N: CX"'". _ l i 1 That part of the Nor.west Quarter of the Southwest Quarter of Section 2µ Township 8 116 North,Range 22 West v n l the 5th Principal Meridian,lying East of the eeledy t. % 663.85 feet,thereof and North of centerline of Shakopee Road,EXCEPT Me East 300.00 Y feet of the Wet 963.85 feet of theNorthwest Quarter of the Southwest Quarter of Section 19 _ ALMOND LANE 21,Township 1 arts Range 22 est of the 5m Principal M Hennepin County, C) =me. smith ., z `ta+;a Minnesota lying Notherly of the center l line of county Rood No.1. FJ nW m a a14 i+ PROPERTY ADDRESS: 15640 Pioneer Trail,Eden Prairie,Minnesota.h— According to Stewart dale Guaranty Company Title Commitment No.152637 doted February 21,2012 at 7:00 A.M.,This property is subject to the following: A) Terms and wneixiona or aaemema m roaa pq.voaea,as aonmmee m Qau c��J e r lam t.<Vw J Deed dated 10-26-1990,filed 1-iJ-1991,as Dowment No.5T41 J00. '1 J ,'w•:1 r'ae ti Corrected by Corrective Quit Claim Deed dated 4-29-1994,filed 5-3-1994,a_ v �; Qa,Po U C� Document No.62)6641. L.J ()c ¢ry 111 I- a B) Subject to1J easement for rood purposes as containedin Quit Claim Deed dated 10— m c p. p. r 26-1990,filed 1 991,as Document No.5741701. — wo E Spume o�� I" ka C) Subject to easement for road pura$ses as eel forth in the Hennepin County r� a%• Highway Plat No.6,filetl T-21-19T9. Document No.383))60. BANYAN LANE Certificate of Correction to Pint dated 12-29-196z filed 2-26-1988,as Document No./ No.5380870. ace- d— D) Subject to an easement for water main purposes as contained Quit Claim Deed dated 0-6-1989,filed 10-10—.89,as Document No.5582290 and Quit Claim iS,, 11/rAi • Q UJ Deed dated 10-6-1989.filed 10-10-1989.as Document No.5582291. 4sX Rim _ 9,11 E)t Terms and conditlana of easement for pandin9,flowage,antl drainage Of water etl 6-16-199,fled 8-251994,0s Document o.633066). — F) Terms and conditions of easement for telecommunications purposes dated 5-10— W�Nncv ,� 1989.fled 5-8-1989,as Document No.5542298. • .�� d e: Current holder of easement mvy be 9wesl Corporation by an unrecorded $gu 1Il o o.,f E C) assignment. 87...A nFe. is n CT; G) Suooct to ea nt for highway purp`aes as contained in Quit Claim Deetl dotetl s $ A d, R /✓ es SURVEYORS No1Fslaele-zoo6.as DM1amen No.9oaTzsa. s$g M«m a severe yfff--- P,o$/ 1) this padjoining 33 ° _ w. 4 l i 2) Underground ndyUtifiHes contiguous with Gopher One Call System Ticket No.112242178. I T `o0 m ' / W. II m 3) The According to Ea.as some Mop No.27053C0430E,this property is located in Flood Zone w \ '( € e 11 .k' mw `Law 1 r e 4) site h residuallandscape materials on site. `'+ ^r.«, r xs) mere a no visible evidence or use or the site as a wools sump within resent months. �! f •Z„ „„p4 _ �e ; 1 CROCUSrRAiL . a , `� onaPo , VICINITY rY M AP h a I l .wnwa O/ �FR yH �\ P ,.. `!EA It'''. s ; �'ta 7.te. h ig 1 i hee ' text >,b Ew...wa,f P« n� e 3� 3� °°' �ems; ""`-t - d T:F,,, N It '\ ^r Project a Hawes-- _/ „ v clean..A--- wf `s«�arz°za a,. %i:;,,, Not to stole'-_ r o.s N,.Az see • denotes iron monument found Requested By: I hereby certify that this survey, Revised. ALTA/AGSM Land Tile Survey R wxwoffwwww.,,.....T/6/12 Certification denotes' set O en port of the NW I/4 i' SK Partners, LLC State yor ofunder thelows of the O Bu/Nb,MN 5S9�9 nd oriro pipe set the SW 1/4 of Section 21, T iii denotes soil boring Township 116,Range 22, Date: Drawn By: Scale: Checked By: an I t �s� Job No. SSOCIATES o denotes percolation test hole Hennepin County.Minnesota. 8/19/11 P.E.O. 1"=50' P.E.O. Date:.Otto L o062 ErgsbersaLeraSanwa.,mc. 2-12-0124 e. lama y 4 L VACATION 12-02 NOTICE OF VACATION OF AN EASEMENT FOR PONDING, FLOWAGE AND DRAINAGE PURPOSES IN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 116,RANGE 22, HENNEPIN COUNTY 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 April 17, 2012 at 7:00 p.m. to hear all persons present upon the proposed vacation of an easement for road purposes described as follows: An easement for ponding, flowage and drainage purposes, described in Document Number 6330667 dated June 16, 1994 and recorded on August 25, 1994 in the Office of the County Recorder,Hennepin County, Minnesota, over, across and upon the following described premises: That part of the Northwest Quarter of the Southwest Quarter of Section 21, Township 116 North, Range 22, West of the 5th Principal Meridian, lying East of the Westerly 663.85 feet, thereof and North of center line of Shakopee Road, EXCEPT the East 300.00 feet of the West 963.85 feet of the Northwest Quarter of the Southwest Quarter of Section 21, Township 116 North,Range 22 West of the 5th Principal Meridian, Hennepin County, Minnesota lying Northerly of the center line of County Road No. 1 (the "Land"). do hereby grant to City of Eden Prairie and the public an easement and right upon, on, over, under and across that part of the Land described as follows: A strip or parcel 20 feet wide lying and being along the entire length, and 10 feet on either side, of the following described centerline: Commencing at the intersection of the East line of the West 963.85 feet of the Northwest Quarter of the Southwest Quarter of Section 21, Township 116,Range 22,Hennepin County, Minnesota with the North line of said Northwest Quarter of the Southwest Quarter; thence on an assumed bearing of South along said East line a distance of 894.64 feet to the point of beginning of said centerline; thence North 29 degrees 36 minutes 12 seconds East a distance of 126.68 feet; thence North 47 degrees 39 minutes 08 seconds East a distance of 82.52 feet; thence North 35 degrees 09 minutes 21 seconds East a distance of 180.23 feet; thence North 24 degrees 31 minutes 23 seconds East a distance of 278.40 feet; thence North 09 degrees 29 minutes 08 seconds East a distance of 58.43 feet; thence North 67 degrees 51 minutes 11 seconds East a distance of 28.20 feet to the East line of said Northwest Quarter of the Southwest Quarter and there terminating. The side lines of said strip or parcel shall be prolonged or shortened to terminate on said East line of the West 963.85 feet and on said East line of said Northwest Quarter of the Southwest Quarter. For the purpose of ponding, flowage and drainage of water. By Order of the City Council Published in the Eden Prairie News on March 29, 2012 NOTIFICATION LIST VACATION REQUEST 12-02 A copy of the Public Hearing Notice has been sent to owners of the following parcels: 21-116-22-32-0003 21-116-22-32-0020 CITY COUNCIL AGENDA DATE: April 17, 2012 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.C. Community Flying Cloud Landfill Subdivision Development/Planning Janet Jeremiah/Regina Rojas Requested Action Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance for Zoning District Change from Rural to I-2 on 12.4 acres; and • Adopt the Resolution for Preliminary Plat on 263.32 acres into one lot and 2 outlots; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Synopsis Allied Waste Services is requesting a preliminary plat and rezoning to transfer ownership of the Flying Cloud Landfill, excluding Allied Waste Services' business operations, to the Minnesota Pollution Control Agency(MPCA). Proposed Lot One is 24 acres. This lot is for the business operations of Allied Waste Services including the office, transfer station and hauling operations. Approximately 12 acres of this proposed lot requires a rezoning to I-2. Rezoning is consistent with the industrial land use designation in the comprehensive guide plan. The proposed division is 263.32 acres into one lot, and Outlots A and B, and road right of way. Proposed Lot One is 24.14 acres. Outlot A is 224.35 acres. Outlot B is 12.0 acres. The proposed division conforms to subdivision requirements. Background Information The MPCA made a presentation to the Planning Commission about their land management and construction plans for the closed Flying Cloud Landfill. The MPCA will make a presentation at the City Council meeting. Following transfer of ownership of the Flying Cloud Landfill to the MPCA Closed Landfill Program (CLP), the CLP proposes to begin (in the Fall of 2012) needed construction of the Landfill cover and active gas extraction system. The construction is anticipated to be completed in 2-3 years. The construction will include reducing the waste footprint and installation of an impermeable cover over the Landfill to increase grades, provide better surface water drainage, and reduce infiltration of precipitation and snow melt into the waste. A new active gas extraction system will also be installed to increase the efficiency of landfill gas management and reduce the risk of off-site migration of landfill gas. A Closed Landfill Use Plan will also be introduced which provides a land management tool specific for closed landfills for the City's adoption. The 120-Day Review Period Expires on June 15, 2012. Planning Commission Recommendation The Planning Commission voted 8-0 to recommend approval of the project at the March 12, 2012 meeting. Attachments 1. Resolution—Preliminary Plat 2. Staff Report 3. Location Map 4. Land Use Map 5. Zoning Map 6. Aerial photo 7. Planning Commission Minutes 8. MPCA PowerPoint 9. Resident Letter Flying Cloud Landfill Subdivision CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2012- RESOLUTION APPROVING THE PRELIMINARY PLAT OF FLYING CLOUD LANDFILL SUBDIVISION FOR ALLIED WASTE SERVICES BE IT RESOLVED,by the Eden Prairie City Council as follows: That the preliminary plat of Flying Cloud Landfill Subdivision for Allied Waste Services stamp dated February 2, 2012, and consisting of 263.32 acres into one lot and 2 outlots, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 17th day of April 2012 Nancy Tyra-Lukens, Mayor ATTEST: Kathleen A. Porta, City Clerk STAFF REPORT TO: Planning Commission FROM: Regina Rojas, Planner II DATE: March 9, 2012 SUBJECT: Flying Cloud Landfill Subdivision OWNER/ APPLICANT: Allied Waste Services LOCATION: 9813 Flying Cloud Drive 120 DAY REVIEW: Expires June 15, 2012 REQUEST: • Zoning District Change from Rural to I-2 on 12.4 acres • Preliminary Plat on 263.32 acres into one lot and 2 outlots DEVELOPMENT REQUEST Allied Waste Services is requesting a preliminary plat and rezoning to transfer ownership of the Flying Cloud Landfill, excluding Allied Waste Services' business operations, to the Minnesota Pollution Control Agency(MPCA). REZONING Proposed Lot One is 24 acres. This lot is for the business operations of Woodlake including the office, transfer station and hauling operations. Approximately 12 acres of this proposed lot requires a rezoning to I-2.Rezoning would be consistent with the industrial land use designation in the comprehensive guide plan. SUBDIVISION The proposed division is 263.32 acres into one lot, and Outlots A and B, and road right of way. Proposed Lot One is 24.14 acres. Outlot A is 224.35 acres. Outlot B is 12.0 acres. The proposed division conforms to subdivision requirements. An access corridor must be provided from Outlot A through proposed lot one that will accommodate both construction access and monitoring activities for the land to be owned by the MPCA. This access should be in the form of a permanent cross access and maintenance agreement between proposed lot one and Outlot A. This document is required to be recorded. While Outlot A has frontage on Riverview Road right of way, this portion of the road is not Staff Report—Flying Cloud Landfill Subdivision March 9, 2012 Page 2 improved and cannot support vehicle traffic. Outlot B should be dedicated to the City. This land is mostly wetland and floodplain. MPCA PRESENTATION The MPCA will also be at the meeting to make a presentation about their land management and construction plans for the closed Flying Cloud Landfill. Following transfer of ownership of the Flying Cloud Landfill to the MPCA Closed Landfill Program (CLP), the CLP proposes to begin (in the Fall of 2012) needed construction of the Landfill cover and active gas extraction system. The construction is anticipated to be completed in 2-3 years. The construction will include reducing the waste footprint and installation of an impermeable cover over the Landfill to increase grades, provide better surface water drainage, and reduce infiltration of precipitation and snow melt into the waste.A new active gas extraction system will also be installed to increase the efficiency of landfill gas management and reduce the risk of off-site migration of landfill gas.A Closed Landfill Use Plan will also be introduced which provides a land management tool specific for closed landfills for the City's adoption. STAFF RECOMMENDATION The Commission action is related only to the rezoning and the plat. Recommend approval of the following request: • Zoning District Change from Rural to I-2 on 12.4 acres • Preliminary Plat on 263.32 acres into one lot and 2 outlots This approval is based on plans dated February 2, 2012, subject to the recommendations of this Staff Report, and the following: 1. Provide an access corridor from Outlot A through proposed Lot One that will accommodate both construction access and monitoring activities for the land to be owned by the MPCA. This access should be in the form of a permanent cross access and maintenance agreement between proposed lot one and Outlot A. This document is required to be recorded. 2. Dedicate Outlot B to the City. 2 Area Location Map - Flying Cloud Landfill Lot Subdivision Address: 9813 Flying Cloud Drive, Eden Prairie, MN Ad ////)(0,, ._Flying Cloud Drive 4 D *di 1 _ _L ,A.S i� kilillW dparocg-----1.1A116 II _ u, MEW MVP . --,____.cy 4,0,i,_,__,Pi imms ). SITE: Allied Waste / iril Pioneer Trail _1 t L 11111b- am it IorP SITE: Minnesota �•�1��1�''�, ih...iitiik 11 Pollution ij�I��I��4 4 • ♦♦ ♦ ♦ Control Agency ••1 �1+�� ♦Q_eMPCA h�I'•.i����01i FArlrert# "Ail t r// 4 1 II,oan1� I= 2 r Grass Lake "Ma N 0 750 1,500 3,000 Feet 1 1 1 I 1 1 1 Guide Plan Map Flying Cloud Landfill Lot Subdivision 9813 Flying Cloud Drive, Eden Prairie, MN I11&1=._ aillIllMMIIMMIIIA II. 74141111 IM-4111 4,11111.11 I frvi Aiti 11 II 404.1.1 . .—.411f1111.11 0 * Yillii'm ; q`lk All 13 ��i�::'p ..MmiNEEl��Tit Flying Cloud Drivelilt Id , MilPioneer Trail li -‘44-11111—"w awl ,,,,„„„*41 1 , ,,, WA° p* lirk,.... Niliele 1"%r4.■• !,m_ SITE 1 LS_ _ - _ past ��►►0�... 41. its al ------------------- si ., 0 lb& 4.0010 St.Ammo 4101110v MR ra itiailiiiiilL,1 s Lake . lar •.•: City1 ma of'Ed�r Prai i e Land Us G i i I1111111 - PI - . ► H , p II1 _2120 Legend 1 Rural Residential 0.10 Units/Acre Neighborhood Commercial Streams N Low Density Residential 0-2.5 Units/Acre - Community Commercial Principal Arterial IZ I Low Density/Public/Open Space - Regional Commercial -A Minor Arterial B Minor Arterial ' + '� I I Medium Density residential 2.5-10 Units/Acre®Town Center DATE Approved 03-19-03 DATE Revised 12-06-06 Major Collector DATE Revised 01-07-05 DATE Revised 03-01-07 E a E N n Medium Density Residential/Office - Park/Open Space DATE Revised 02-03-06 DATE Revised 10-01-07 Minor Collector DATE Revised 02-23-06 DATE Revised 10-01-07 - High Density Residential 10-40 Units/Acre Public/Quasi-Public DATE Revised 03-23-06 DATE Revised 03-01-08 DATE Revised 06-23-06 DATE Revised 03-01-09 -Airport Golf Course PRAIRIE Office - Church/Cemetary r//� Office/Industrial Open Water Mnw=op... .o m_ ®.. .:n „ .,.®u'''' a7. WOB1C•QAEAM 0® r�6L K Office/Public/Open Space =.gight-of-vy4y5 o - Industrial Miles Zoning Map Flying Cloud Landfill Lot Subdivision 9813 Flying Cloud Drive, Eden Prairie MN II‘ ill III mi-dinn: _ �t riL .411 poi Flying Cloud DriveP: 4 +� 1 G \I, r 1 :1 Nid r 1 ,,1 psi r '---hA, ix , a 4..t. Assish mtP.4.444* 00 ply, ,.,‘: N ilio.2.:(iit.v40#Ai is tak row op 0,,,•_ts ir_sugullui 06,_ii.C1s :K -am Prnsit 4411111111 ilia11j0 14 MUM 47, _ � -$►1IIIxu* City of den Prairi Zoning Map Rural -Regional Commercial Shoreland Management Classifications N R1-44 One Family-44,000 sf.min. I-1 TC-C I NE I Natural Environment Waters R1-22 One Family-22,000 sf min. n TC-R I RD I Recreational Development Waters R1-13.5 One Family-13,500 sf min. an TC-MU I GD I General Development Waters(Creeks Only) e t 0. d R1-9.5 One Family-9,500 sf min. Industrial Park-2 Acre Min, ® 100- Year Floodplain RM-6.5 Multi-Family-6.7 U.P.A.max. a7 Industrial Park- 5 Acre Min. EDEN Up dated through approved Ordinances#26-2008 -RM-2.5 Multi-Family-17.4 U.P.A.max. 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 mcaaeoaia«epettcyrearearoa ottittyaaaaimaeottottnia ottmymap,neoamattce e•wo.=.r.mi v and attached legal Gescnption on file at Eden Paine Ciry Center will prevail. -Community Commercial Water -Highway Commercial Right of Way 0 0.3 0.6 -Regional Service Commercial Miles .. .n,op..m..,.......,..�.,ti4..o..o.a., ..._...m...m ,..,,m„ Aerial Map Flying Cloud Landfill Lot Subdivision 9813 Flying Cloud Drive, Eden Prairie, MN _ 00,0, .... .wifret4v/ _ ,..„... . ,.. 1100 - _a , yrir i Pioneer TrailNI 1 i .1.7 l'im:::::: —. ii4:Voo4f7A * r S + - Flying Cloud Drive !�. ` • �r ` fi . ti 4 . . ..1 . [ • . 1 I r4,11 4 ' 1 T._ S JITE 4®®�,_����r� . ., 4-,..-‘,-.\!\.,. SITE v g®®®®4t®®��� - iitiabi . '4 ' . arm , ® �♦ IIKVISPAVOlvv$4.0 4. rAillitte?o®® !rr ■o VI N liAl��i®®t� ilhaiftto . .-- it'll litii I 1®io■4 rt !_ _ _ :s til p4 1 , mi, 0 600 1,200 2,400 Feet I 1 1 1 I 1 1 1 I APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, MARCH 12, 2012 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: Matt Fyten, John Kirk, Katie Lechelt, Jacob Lee, Jerry Pitzrick, Kevin Schultz, Jon Stoltz, Travis Wuttke STAFF MEMBERS: Michael Franzen, City Planner Rod Rue, City Engineer Stu Fox, Manager of Parks and Natural Resources 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 Kirk, seconded by Wuttke, to approve the agenda. Motion carried 8-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON FEBRUARY 27, 2012 Pitzrick had a change to the third paragraph on page 6. He would like it to read; "Pitzrick stated he is questioning the City Council's decision five years ago, May 1st, 2007, when Brad Aho stated closing Eden Prairie Road was a separate decision from Prospect Road". Wuttke had a correction on page 7, first paragraph. The motion carried should be 4-1. MOTION by Wuttke, seconded by Pitzrick, to approve the minutes as amended. Motion carried 5-0. Lechelt, Lee and Schultz abstained. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS EDEN PRAIRIE PLANNING COMMISSION MINUTES March 12, 2012 Page 2 VI. PUBLIC HEARINGS A. FLYING CLOUD LANDFILL-PARCEL SUBDIVISION by Allied Waste Location: 9813 Flying Cloud Drive Request for: • Zoning District Change from Rural to I-2 on 12.4 acres • Preliminary Plat on 263.32 acres into one lot and 2 outlots. Bill Griffith, representative of Woodlake Sanitary Service, presented the proposal. He stated they would like to rezone the property so there are 24 acres of Woodlake Sanitary Service to operate, which would include and office, transfer station and hauling operations. The Minnesota Pollution Control Agency (MPCA)would retain the lands until all the construction is complete. Tom Newman, from the MPCA, presented a PowerPoint presentation of Managing Risk at the Flying Cloud Landfill. He gave a background on the project and stated it started in 1994 to manage the risk at closed landfills, called the Closed Landfill Program(CLP). This is one of 112 landfills in the program. In 1995, BFI and MPCA settled into a binding agreement. BFI retained the 225 acre landfill, LF gas rights, and business operations on-site. MPCA accepted long-term care responsibility. In 2010, Mr. Newman stated they noticed the landfill needed work and they would need to take ownership of that property and that is why they are here tonight. They want to make improvements to the landfill; currently there are inadequate slopes and pooling water. BFI will retain ownership of the business operations property. Also, there is a reduced gas flow and this will also have to be improved. The MPCA will provide local government units (LGUs)with maps showing groundwater plumes and areas of concern for groundwater, methane gas and narratives. Mr. Newman stated they will make recommendations to assist LGUs in their adoption of land use controls. Mr. Newman showed the methane gas are of concern and pointed out the closest resident is approximately 800 feet away from the landfill. LGUs responsibility is to notify any person who applies for a permit to develop in the affected area—Subd. 4. With Subd. 9, MPCA must develop a land use plan for each landfill property. The local land use plan must be consistent with MPCA's land use plan. Mr. Newman stated what they plan to do today in regards to the landfill is to peel back the top soil, consolidate the waste footprint, re-slope the cover to facilitate drainage, install a synthetic cover, install a new gas extraction system and seed the area with permanent grasses. Mr.Newman pointed out this will create a buffer between to BFI. The consequences of this project is that the landfill will have to be re-opened for the needed reconstruction, construction will begin in the Fall of 2012 and will continue for 2-3 years, and reconstruction of the landfill will result in minimal increased truck traffic along Flying Cloud Drive and work will be staged to minimize waste exposure. EDEN PRAIRIE PLANNING COMMISSION MINUTES March 12, 2012 Page 3 Mr. Newman also pointed out the future plans of the landfill would be that LMA will be zoned Closed Landfill Restricted with Permitted Use defined as "Closed Landfill management". The majority of LF will be off-limits in perpetuity due to CLP's investment in remedial equipment and some peripheral area may be proposed as conditional use areas. Schultz asked Mr. Newman, in regards to methane gas, is there any cause for concern to people on the BFI side of the site. Mr. Newman stated there should be no concern. Lee asked Mr. Newman what the height differential is. Mr. Newman stated it is 40 feet high and pointed out it would be piled with garbage and some topsoil and stated it is like a layer cake; and seed will go on top of the pile. Lee asked if it would be visible from Flying Cloud Drive. Mr. Newman said it can be seen from Flying Cloud Drive but it is not obvious. It will sit behind BFI's operation and will just look like a mound. Pitzrick asked if there was a liner underneath this. Mr.Newman stated there is no liner. Pitzrick asked what amount of cubic yards would be moving. Mr. Newman said approximately 2 million cubic yards. Pitzrick asked why this project would take so long. Mr. Griffith said it is taking so long because they do not want to do it all at once because of the smell. Lee asked Franzen what the action is for tonight. Franzen stated the action would just be for the zoning and subdivision of land to allow for transfer to the MPCA.. Chair Stoltz asked Franzen to review the staff report. Franzen stated on the last 2 pages of the staff report there are recommendations for the Commission to consider. This item will a hearing at the City Council. Future meetings include an amendment to the guide plan to designated a Close Land Fill and create a zoning district to regulate use. Chair Stoltz asked Mr.Newman if there was a fence around the property. Mr. Newman said there was a fence around the property. Chair Stoltz opened the meeting up for public input. Brian Reid, a resident on Kiersten Place, which is on the eastern side of the site, asked if the western edge of the landfill is 25 to 30 feet deep and the eastern side is 100 feet deep. Mr. Newman said the northern area is 100 feet deep and stated they are not moving this closer to the homeowners, they are just adding a western edge to the pile. Mr. Reid said he had a concern about the height and if it could be spread out more. He also has a concern with the length of the project and would like if it could be shortened up. Mr. Reid asked why they are proposing to push back so much from BFI's business and why they just couldn't keep a safe EDEN PRAIRIE PLANNING COMMISSION MINUTES March 12, 2012 Page 4 distance from them and not pile it as high. Mr. Newman pointed out that making it higher would not impact the gas system; it actually should make the gas concern smaller. Mr. Reid stated it is an eye sore and that is a concern to him. Jeff Lewis, manager of the project and representative of MPCA, stated it is a lot cheaper for them to consolidate the area versus spreading it out. They will certainly take a look at the site lines for neighbors. The 40 feet really is not sticking up it is actually tucked down. Mr. Newman stated he understands the neighbors concerns and will take that into account. Ben Klismith, of MPCA, said they will minimize the cost to the public and make this look as natural as possible and concluded it will not look like a dirt mound. Michael Seelig, of 10232 Kiersten Place, stated his back yard is next to this property and feels this property has been mismanaged. He has concerns also on the height of the landfill and the length of the project. He is concerned about the impact of heavy equipment to the foundation of the houses. He would recommend not approving the transferring of ownership. Chair Stoltz said tonight they are just talking about rezoning and subdivision of land and not transferring ownership. Jeff Lewis stated he understands the concerns of the residents, as he has done this before and pointed out the dust usually is not a problem because they do a lot of watering. Mr. Lewis said the three years for the project is an extreme and may not take that long. The more they open up the landfill the more odor there is, so they are trying to balance this to minimize the odor. The minimum time for this project is 14 months to 2 years. Chair Stoltz asked if work could be done during the winter. Mr. Lewis stated yes, that is when they like to do the work because windows are not open. He also pointed out whether they own BFI or not, MPCA is responsible for the long term care and transferring the property just makes decisions easier. Doug Reimes, a resident on Sandy Point Road,which is on the southeast area of the landfill, said he is concerned with the 40 foot dome. He stated it will not look good and right now you can tell there is a landfill there. His second concern is the odors that will be coming from the landfill. Mr. Newman said they are addressing the issue of the odors and that is why they are going to be doing smaller areas to eliminate some of that. Schultz stated this project is going to be going into multiple stages. The Commission's first priority right now is just rezoning the plat. He stated he understands the homeowner's concerns and his recommendation to homeowners is to wait and see what comes in with this project because there will be 2 to 3 more meetings on this. EDEN PRAIRIE PLANNING COMMISSION MINUTES March 12, 2012 Page 5 Lee stated he feels the height of the mound seems to be a savings issue and not a safety issue. Mr. Newman pointed out the landfill sits lower then some property around the area. Lee said he would like more screening in the area; such as trees. Mr. Lewis stated some residents may like to look at grass versus trees. Chair Stoltz asked Franzen if there was anything else that needed to be considered in regards to this project. Franzen stated there is one issue. One condition for approval would be access through BFI for both construction access and monitoring activities for the land to be owned by the MPCA. This is item 1 on page 2 of the staff report. MOTION by Fyten, seconded by Wuttke, to close the public hearing. Motion carried 8-0. MOTION by Fyten, seconded by Wuttke, to recommend approval of the Zoning District Change from Rural to I-2 on 12.4 acres, and Preliminary Plat of 263.32 acres into one lot and two outlots,based on plans stamped dated February 2, 2012 and the staff report dated March 9, 2012. Motion carried 8-0. VII. PLANNERS' REPORT A. ULI Workshop Franzen stated there is a flyer in the packet for Commission Members interested in attending the ULI workshop on"What's Next? Real Estate in the New Economy" If you are interested in attending contact Katie Anderson before noon on April 6th VIII. MEMBERS' REPORT IX. CONTINUING BUSINESS X. NEW BUSINESS XI. ADJOURNMENT MOTION by Wuttke, seconded by Kirk, to adjourn the meeting. Motion carried 8-0. There being no further business, the meeting was adjourned at 8:30 p.m. d'Nd 01 Minnesota Pollution Control Agency Managing Risk at the Flying Cloud Landfill Minnesota Pollution Control Agency Doug Day, Ben Klismith & Tom Newman March 12, 2012 0 Minnesota Pollution What We'll Discuss Control Agency Background . Affected Property Notice. Minn. Stat. 115B.412, subd. 4. Land Use Plan . Minn. Stat. 115B.412, subd. 9. Remedial Action Plan . Long-term Future Plans. 0 Minnesota Pollution Backg ro u n d Control Agency Closed Landfill Program (CLP) . 1994. Alternative to Superfund. Responsible for Managing Risk at Closed Landfills. Monitoring. Determine Risk. Build & Maintain Remedial Systems. Maintain Landfill Properties (8,000 acres in CLP). Partner with LGUs on Land Use Planning. Flying Cloud Landfill is One of 112 Landfills. OTO 112 Closed Landfill Program Sites Minnesota Pollution Control Agency Closed vi mi. ew . Landfill Program tor Landfillsii„,. N immierlin% ihmapholo •—•shwal-u-• 11:111111mifto 11111 0 20 40 80 120 160 Miles u. 5 0 Property Transfer Mi�oMoro�lap9e��Yn Flying Cloud Landfill BFI/MPCA Binding Agreement 1995 . BFI Retained 225 Acre Landfill , LF Gas Rights as well as Maintaining Business Operations On-Site . MPCA Accepted Long-term Care Responsibility. Property Transfer 0 Minnesota Pollution F IFlying Cloud Landfill Control Agency Pursuant to Minn . Stat. 115B.412, subd . 8, (Transfer of Title) the MPCA may accept title from an owner to all the property described in a facility's most recent permit. In 2010, CLP Began Transfer of Permitted Landfill Property (Excludes Business Operations) & Gas Rights From BFI to MPCA. Parcel Split Necessary for BFI to Retain Business Operations on Flying Cloud Drive. 0 Flying Cloud Landfill Parcels Minnesota Pollution Control Agency ;- fr _ . . ,; { ti d v ❑ MPCA will take ownership of - . ; . • sit,�`' "permitted" landfill. . l`` '� rr. 1 -* ❑ BFI will retain ownership of _ '1 business operations property. '�� ,'� -' , A - • • _ . _ _ 4 ❑ MPCA will work with MAC to - .." R • EDER PRAIRIE gain access to "MAC Lease _ - _ - i 7 �Liw Area." `, _ . • m.�_ -t . Ar R- ❑ MPCA will obtain easement : • * . ::. `' - . • . ' =,. fitfi-;'"- 4:': across BFI business operations 'lib _ ^`' to access landfill and `'�`� . -- .r_ ' ., condensate tank. ;r, N � �' T. r% . ti dr Current Conditions 0 Minnesota Pollution Flying Cloud Landfill Control Agency Landfill Closed Quickly After Being Ordered Closed in 1988 — Inadequate Slopes . Site-wide Active Gas System Installed in 1992 . Waste Footprint is 87 acres — 28 to 97 feet deep . Current Conditions 0 Minnesota Pollution Flying Cloud Landfill Control Agency Differential Waste Settlement Has Disrupted Gas Collection . Caused gas migration to the east in 2003 and 2004. Gas to Energy Plant shut down in mid 2000s . Flying CloudLFGasExtraction Minnesota Pollution Control Agency ❑ LF gas gently drawn in to vertical piping. ❑ After gas drawn into wellhead, LF gas flows through lateral piping to flare. : F ' ❑ Over time, lateral piping may bow due to differential settlement of waste. 4 ❑ LF gas condensate (liquid) accumulates in low areas • caused by waste settlement. lalti I � - .#.ti ti ti. Current Conditions 0 Minnesota Pollution Flying Cloud Landfill Control Agency Groundwater Contamination Improving . Extraction of LF gas removes & destroys contaminants which otherwise may enter groundwater. Gas Issues Need to be Addressed . 0 Closed Landfill Use Plan Minnesota Pollu n Control AgencyMinn . Stat. 4 CX subd . 9 Helps reduce exposure to hazards to the public using or occupying land at and near closed landfills. Protects integrity of MPCA's response actions. Local government units (LGUs) adopt land use controls. Includes both Subd . 4 (Affected Property Notice) and Subd . 9 (Land Use Plan) of Minn . Stat. 115B.412 . 0 Minnesota Pollution What We'll Discuss Control Agency Background . Affected Property Notice. Minn. Stat. 115B.412, subd. 4. Land Use Plan . Minn. Stat. 115B.412, subd. 9. Remedial Action Plan . Long-term Future Plans. 0 Affected Property Notice Minnesota Pollution Su bd ■ 4 Control Agency MPCA will : Provide LGU with maps showing ground water contaminant plumes and areas of concern (AOCs) for ground water and methane gas; and narratives. Make recommendations and technical advice to assist LGUs in their adoption of land use controls. Flying 0 ou Minnesota Pollution Ground Water Area of Concern Control Agency ❑ GW is over 90 feet below Landfill bi_ - CLP GW Area of Concern: FLYING CLOUD SANITARY LANDFILL 1 " ' ft / loans ae...wiry cr,- i . .- 010141.3=4. .r. ,, I�. Minnesclta Pollution -' / surface. al. Ts aiad 9 Control Ayeney -- s - . /. -— -- 11 .• � .e1 Sate Contacts • -- Ef bow a jL land Manager: Tom Newman 4 GU, ❑ G W flow i s to `-,i __ o . .µ,le , x- Engineer:r: Peter Tiffany #r-' X , t \ • — : HidrrrReolos,. .: Joe Juli►. •Z 1 1' ✓//ice:' • > a . - . - southeast & ,� j ,-j .. 4 IJti „ site Fps OW• ;! '� t Monitoring Well discharges to MN �, #,.1=, ,.�/ :/.',: _ r Waste Footprint River. . * ��� /� r'/ i Land Management Area e I ! %ii`1 //„; .1 . ' t-—' Designates the property that l i. %/ice , b. t J —�. ,�i/ / �} is under the responsibdlty • .R1w.nrlow po —— ,,,,i i . i. f t .. • t and control of the Nd CA. // /ffr'4I 1 �: ', [��— t , o f Groundwater Plume ❑ GW contaminants i ,, Approximate area of the sub- ,,,, -/� � �rr—~ .- termaean contaminated ll1 J decreasing in % f:%� d a groundwater plume .�/ II � f•� Groundwater Area of Concern concentration. �f, f /i �.�. An area where the i :.'. _.� groundwater may be affected r. ! j ,r by landfill contamination. ❑ VOCs (Vinyl � " Chloride & / 4. cARVtR Tetrachloroethene) - Cli are major GW - . contaminants. DISCLAIM£A The Suitt of Minnesota makes no representations or vamnnes to the user as to Coe d 21,2011 by CLP llydrogeeo s,lee lrilk the aarux}currency,eetrabilley tar rdlabrbry of this data for airy purpose-ltns map depicts a Meters o son atn reasonable appm roro r1on of anpacts from the landfill only and malls no rnieno ece aboutIII smpacts tram other potentraE sources. 1.16AESS port o euo 1.12. r.ayo Flying 0 ou Minnesota Pollution Methane Gas Area of Concern Control Agency ❑ Closest resident to CLP Methane Area of Concern: FLYING CLOUD SANITARY LANDFILL waste footprint is 800 'tT ` �' . "'K�� J. Prlinneota Comm!Agen Pollution feet. ry °a°°w +� •f �_ Site Contacts - �C Lind Manager Tom t`LNTLLin f � ❑ 32gasprobes are � ,N M � _ 4 Engineer: tiler Tiffany 1 ,� ' •, 7 Hydnigw l gi t Jot,Julio routinely monitored. .a.- P • Site Features -14 h4. r•.. ❑ All gas probes sincei .i... -c . ,4 , 4 Waete Footprint 2005 are below _ I Land blanagementArca r _ y� _ r_- , Designates the property that detection limit of 1 J is under the respaasiblhty jam— I •'' '� �a and control of the MPCA. meter — n o gas - t .•, ""i - Methane Area g th of e Concern that may be impacted by migrating off-site. . • - . subsurface migration of methane gas. R I RA yam +`. i- ❑ Gas AOC extends i f to p - 7te.NNEPIN 300 feet beyond the ; waste footprint. +"" } [IAA 01 4l.DTI llhSCLA1 HEIL'The State of Mannesao makes no represmotmns or vmmnnes in the user am Cmaoed lu/MI/201 Si,CLP enpneer peter nNany the aawary,currency.sultaAllaty or rrllttrabry•of this data for any purpose lmis map dryads a amen ! aLo �l i reasonable apprtoomaaon of onpads frorn the landfill only and makes no Inference about — tmparts from Daher potenml more.. 1.11.9J0 Fcct n 5So Lino 11.50 it[I_1 0 Affected Property Notice Minnesota Pollution Su bd ■ 4 Control Agency LGUs that receive this information must: Incorporate this information in any local land use plan that includes affected property (setbacks, well restrictions, etc. ) . Notify any person who applies for permit to develop affected land of this information . 0 Minnesota Pollution What We'll Discuss Control Agency Background . Affected Property Notice. Minn. Stat. 115B.412, subd. 4. Land Use Plan . Minn. Stat. 115B.412, subd. 9. Remedial Action Plan . Long-term Future Plans. 0 Land Management Plans Minnesota Pollution Su bd ■ 9Control Agency MPCA must develop a land use plan for each landfill property. MPCA designates the land use on the Land Management Area (LMA) . LMA includes BA property, adjacent waste & CLP acquired properties. Local land use plans must be consistent with MPCA's land use plan (designated uses) . Could result in LGU adopting new zoning ordinance for LMA. Flying 0 ou Minnesota Pollution LaLand Management Control Agency _ 4 ra ti a , , ., �'M . .. ,, - / - ."".4 -1.... 1 ,4'.1 It ..- 1,4ft' ., ;te.:,"t A ' fillpipi.. drii . ii, ..tr , -4, la iltill Ai- IF t ~_ $ ° �5r,ori +$'1" le 7ips jai. li 4 4 ik r•" r _ 1' ,J.f s C ter r 4 Rd r: ; • '"<to _ . t .t ,-. ^ n V w'�.} .. 2 *yt err. { Virial . _ ca v . .. ,._ x • a: 1 7 --..- 1 4. X .4 "Closed Landfill Restricted " Minnesota Pollution Control Agency Zoning Ordinance CLP recommends adoption of "Closed Landfill Restricted" (CLR) zoning ordinance. Examples of CLR zoning ordinance include : Uses Permitted — Closed Landfill Management. Accessory Conditional Prohibited . 0 Minnesota Pollution What We'll Discuss Control Agency Background . Affected Property Notice. Minn. Stat. 115B.412, subd. 4. Land Use Plan . Minn. Stat. 115B.412, subd. 9. Remedial Action Plan . Long-term Future Plans. oio , awd. Flying Minnesota Pollution Control Agency 1 _ 4 ,,-- re/ , / 'If Ay - ., . ":----..n i ❑ Waste is located / -, L_._ .--: , within 150 feet of two 1!'-«� (_-. Republic Services `• _ 3 - buildings. • ----,/...i'-rr'N .',./ .. , hi‘ � :J /:6 ® 1 .. . `a-. j ❑ Waste is located a ,C ®�.. ;' i .:1 1. within 250 feet of ,: p r ).4L_ . 41110111 ii. __ i I Re ublic Services .•office building. - . - - -- p'1 : ❑ Waste consolidation --� —' " - -,- f/. / °//�-' z is necessary to ` ..: . 1_ ► ��' i,- f increase distance to ' f Republic Services ,_ �, operations. �- .. p :. _ - . ,ti _. 1 Conk,eons 1-, ' h '1'''Lli --\11 14:: :% .........0,... .§1; 0 Remedial Action to be Minnesota Pollution �encollu�n Control AImplemented at the Landfill Peel back Top Soil . Consolidate Waste Footprint. Re-slope Cover to Facilitate Drainage. Install Synthetic Cover. Install New Gas Extraction System . Seed Area with Permanent Grasses . 0 w aste Minnesota Pollution Control Agency • - _ Y C _ yr ! L ,` 44k: V5', t,R _ ¢ � IrliH , _,.. .o , 1i ice' _t . .ek,-;„„are,,_,, , . ri,i,.... . . . ''' ,44,i, -#41.054. .• ,.. '.,.. c r 1 €- SIP b . . .:/.� r _ x Rye . • • ' ! _ .l 1. ' ) 'r 'ss 4 f.� *f 0 r Work Cove Minnesota Pollution Control Agency 7. ', ry •l. e•". 4 #., 4«- - .chi. — _ ..1 ��.1 _. „...00000.. • .-:-I-,,-.- 1k. r air K=' S. ' ` s , ,,' s + _rt `i •r, 1' IS` '„!c u ��e�i, . f 5 1 - 'yam, ...:t'i:,[.: 5`1,-'-r:'"+ '' f1r i • L. •'�1 ter .'. . -r3 .. rf - -- _ Mil -". - _-- - x.. .M• - �. • -�. h:�:" ..'Lim. •'Y=-.[ti. .t , �cw - - w'J4ti_ �+ :i:. ..,� 4VailL - spy - Sr `,� - 0 Consolidate Flying Cloud Landfill Minnesota Pollution Control Agency t -c-1 �I"r 15 1 ti t ❑ Waste footprint ,. . ' IP fir. reduced from 87 acres - - - -- '`���` - ' ' to about 57 acres. - {. '• - ... • • VII ❑ Waste consolidation . ,• . . .' � • •- I _r.' � ,r,•. .� r;; R_ ensures at least 200 ft ��• NL... - 'I • -.-'- , t # c.* . 4,46 buffer between waste • ',y 1. w 9V. footprint and BFI �_' -` 1 ' 11 business operations. 1, , a I � ❑ Construction costs 1 ' - _ _ . = estimated at about ", _ , I `, ' / --- . .�- ., -_ .- , : $17 million — bond ti, • - .� -�_ ' ,f , .. ,ti�..y.= ... 1 dollars. �.. ; - - = •�, ,- _:- • - =� -�_ - • - - - ' -_ . - - f' • ' C '4i'F . +r. - Fes• , I - i :- -+n+_• - ' lit 1 � I I. 0 Minnesota PollutiorConstruction Consequences Control Agency Flying Cloud Landfill will be reopened for needed reconstruction . CLP will schedule construction beginning in Fall 2012 and continue for 2-3 years. Reconstruction of landfill will result in minimal increased truck traffic along Flying Cloud Drive. Work will be staged to minimize waste exposure. 0 Minnesota Pollution What We'll Discuss Control Agency Background . Affected Property Notice. Minn. Stat. 115B.412, subd. 4. Land Use Plan . Minn. Stat. 115B.412, subd. 9. Remedial Action Plan . Long-term Future Plans. 0 Minnesota Pollution Future Plans at Landfill Control Agency LMA will be zoned Closed Landfill Restricted with Permitted Use defined as "Closed Landfill Management". Majority of LF will be off-limits in perpetuity due to CLP's investment in Remedial Equipment Some peripheral areas may be proposed as conditional use areas — surface use. 0 Minnesota Pollution Co n}� � J}C Control Agency �' �' Engineer: Ben Klismith (651) 757-2497 Email : benjamin . klismith@state. mn . us Land Management: Tom Newman : (651) 757-2609 Email : tom . newman@state. mn . us Web Site & Legislative Annual Reports : www. pca .state. mn . us/cleanup/closedlandfills. html April 6, 2012 Dear Resident, RE: Flying Cloud Landfill Subdivision On Tuesday, April 17, 2012 at 7:00pm the City Council will hear a request from Allied Waste Services for a preliminary plat and rezoning to transfer ownership of the Flying Cloud Landfill, excluding Allied Waste Services' business operations, to the Minnesota Pollution Control Agency (MPCA). The MPCA will make a presentation at the City Council meeting to explain their land management and construction plans for the closed Flying Cloud Landfill. Following transfer of ownership of the Flying Cloud Landfill to the MPCA Closed Landfill Program (CLP), the CLP proposes to begin (in the Fall of 2012) needed construction of the Landfill cover and active gas extraction system. The construction is anticipated to be completed in 2-3 years. The construction will include reducing the waste footprint and installation of an impermeable cover over the Landfill to increase grades, provide better surface water drainage, and reduce infiltration of precipitation and snow melt into the waste. A new active gas extraction system will also be installed to increase the efficiency of landfill gas management and reduce the risk of off-site migration of landfill gas. A Closed Landfill Use Plan will also be introduced which provides a land management tool specific for closed landfills for the City's adoption. For questions about the Closed Landfill Program's land use planning effort contact Thomas C. Newman with the Minnesota Pollution Control Agency(MPCA) at tom.newman@state.mn.us or 651-757-2609. For questions about the Closed Landfill Program's proposed construction activities contact Ben Klismith with the Minnesota Pollution Control Agency(MPCA) at benjamin.klismith@state.mn.us or 651-757-2497. Sincerely, Regina Rojas Planner II City of Eden Prairie CITY COUNCIL AGENDA DATE: SECTION: Public Hearing April 17, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.D. Community Development: Resolution to approve City application to Janet Jeremiah DEED for a Minnesota Investment Fund David Lindahl (MIF) grant to Alixa RX in Eden Prairie. Requested Action: Move to: • Close the public hearing; and • Adopt resolution authorizing application to the Department of Employment and Economic Development(DEED) for a forgivable loan to Alixa RX through DEED's Minnesota Investment Fund (MIF). Synopsis: Alixa RX is a new company leasing a building at 10132 West 76th Street in Eden Prairie. They intend to use the MIF funds to help pay for tenant improvements and equipment purchases at their leased facility. The MIF program requires the City to apply for the grant on behalf of the business and to act as a conduit between DEED and the business. Once the application has been submitted and approved by DEED, an agreement between the City and Alixa RX will be drafted and will include details of the number of jobs expected to be created by the company, pay back provisions, as well as other important terms and conditions of the deal. That agreement will be submitted to the City Council for their consideration at a subsequent meeting. Public Hearing Requirement: In 1999 the Minnesota Legislature enacted a statute setting requirements for subsidies allocated to businesses by state or local government agencies. The law intended to stimulate public discussion about what should be required from businesses in return for investment of public resources. To comply with this law the City adopted a business subsidy policy in 2000 (attached)which includes criteria for awarding business subsidies. The law also requires a public hearing before a subsidy is provided to a business. Background: Alixa RX is a new company formed by an existing company called Golden Living -which owns and operates nursing homes though out the United States. From the Eden Prairie facility, Alixa RX will provide automated pharmaceutical dispensing units at Golden Living centers located throughout the Midwest. The units will provide for immediate access to medications for their patients, which they expect will reduce medication errors and produce an annual savings estimated at $4.6 million per year in drug waste reduction at their centers. Attachments: Resolution Business Subsidy Policy CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2012- A RESOLUTION AUTHORIZING APPLICATION TO THE DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT'S (DEED)MINNESOTA INVESTMENT FUND (MIF) PROGRAM BE IT RESOLVED that the City of Eden Prairie (Applicant) act as the legal sponsor for project(s) contained in the Business and Community Development Application to be submitted in April 2012 and that the Mayor and City Manager on behalf of the City are hereby authorized to apply to the Department of Trade and Economic Development for funding of this project on behalf of the City of Eden Prairie. BE IT FURTHER RESOLVED that the City of Eden Prairie has the legal authority to apply for financial assistance, and the institutional,managerial, and financial capability to ensure adequate construction, operation,maintenance and replacement of the proposed project for its design life. BE IT FURTHER RESOLVED that the City of Eden Prairie has not incurred any costs and has not entered into any written agreements to purchase property. BE IT FURTHER RESOLVED that the City of Eden Prairie has not violated any Federal, State, or local laws pertaining to fraud,bribery, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice. BE IT FURTHER RESOLVED that upon approval of its application by the state,the City of Eden Prairie may enter into an agreement with the State of Minnesota for the above-referenced project(s), and that the City of Eden Prairie certifies that it will comply with all applicable laws and regulations as stated in all contract agreements and described on the Compliance Section(S-7) of the Business and Community Development Application. AS APPLICABLE, BE IT FURTHER RESOLVED that the City of Eden Prairie will obtain credit reports and credit information from Alixa RX. Upon review by the City of Eden Prairie and its attorney, no adverse findings or concerns regarding,but not limited to,tax liens,judgments, court actions, and filings with state, federal and other regulatory agencies were identified. Failure to disclose any such adverse information could result in revocation or other legal action. BE IT RESOLVED,by the City Council of the City of Eden Prairie, County of Hennepin, that the Mayor and City Manager are hereby authorized to execute such agreements, and amendments thereto, as are necessary to implement the project(s) on behalf of the applicant. ADOPTED by the City Council of the City of Eden Prairie on this 17th day of April, 2012. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk Business Subsidy Policy City of Eden Prairie, Minnesota This policy is adopted for purposes of the business subsidies act (the "Act) , which is Minnesota Statutes , Sections 116J . 993 through 116J . 995 . Teiuis used in this Policy are intended to have the same meanings as used in the Act, and this policy shall apply only with respect to subsidies granted under the Act if and to the extent required thereby. While it is recognized that the creation of good paying jobs is a desirable goal that benefits the community, it must also be recognized that not all projects assisted with subsidies derive their public purposes and importance solely through job creation . In addition, the imposition of high job creation requirements and high wage levels may be unrealistic and counter-productive in the face of larger economic forces and the fmancial and competitive circumstances of an individual business . With respect to subsidies , the determination of the number of jobs to be created and the wage level thereof shall be guided by the following principles and criteria: 1 . Each project shall be evaluated in a case-by-case basis , recognizing its importance and benefit to the community from all perspectives , including created and retained employment positions . 2 . If a particular project does not involve the creation of jobs, but is nonetheless found to be worthy of support and subsidy, it may be approved without any specific job or wage goals , as may be permitted by applicable law. 3 . In cases where the objective is the retention of existing jobs, the recipient of the subsidy shall be required to provide reasonable demonstrable evidence that the loss of those jobs is imminent . 4 . The setting of wage and job goals must be sensitive to prevailing wage rates, local economic conditions, external economic forces over which neither the grantor nor the recipient of the subsidy has control, the individual financial resources of the recipient and the competitive environment in which the recipient ' s business exists . 5 . Because it is not possible to anticipate every type of project which may be in its context and time present desirable community building or preservation goals and objectives , the governing body must retain the right in its discretion to approve projects and subsidies which may vary from the principles and criteria of the policy. This policy was adopted by the City Council of the City Eden Prairie February 1 , 2000 at a public hearing held on the same date . CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims April 17, 2012 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 217226—217814 Wire Transfers 1000461 - 1000624 Wire Transfers 4429 4447 March Purchasing Cards 4447 City of Eden Prairie Council Check Summary 4/17/2012 Division Amount Division Amount General 78,157 601 Prairie Village Liquor 194,816 100 City Manager 3,735 602 Den Road Liquor 283,215 101 Legislative 5,755 603 Prairie View Liquor 196,908 102 Legal Counsel 37,422 605 Den Road Building 60,860 110 City Clerk 832 701 Water Fund 237,560 111 Customer Service 7,119 702 Sewer Fund 335,335 112 Human Resources 1,067 703 Storm Drainage Fund 24,496 113 Communications 16,314 Total Enterprise Funds 1,333,188 114 Benefits&Training 3,732 130 Assessing 7,810 801 Perpetual Care Cemetery 160 131 Finance 2,805 803 Escrow Fund 4,294 132 Housing and Community Services 6,799 807 Benefits Fund 940,284 133 Planning 657 811 Property Insurance 15,000 136 Public Safety Communications 5,822 812 Fleet Internal Service 118,694 137 Economic Development 345 813 IT Internal Service 55,447 138 Community Development Admin. 879 815 Facilities Operating ISF 81,437 150 Park Administration 455 816 Facilities City Center ISF 213,647 151 Park Maintenance 16,714 817 Facilities Comm.Center ISF 104,100 153 Organized Athletics 10,758 Total Internal Service Funds 1,533,061 154 Community Center 39,236 156 Youth Programs 134 Report Totals 3,667,147 157 Special Events 137 158 Senior Center 4,494 159 Recreation Administration 14,283 160 Therapeutic Recreation 196 162 Arts 316 163 Outdoor Center 1,397 166 CC-Therapeutic Recreation 30 167 CC-Youth Programs 5,122 168 Arts Center 2,455 180 Police 23,380 183 Emergency Preparedness 895 184 Fire 42,356 200 Engineering 2,004 201 Street Maintenance 27,237 202 Street Lighting 73,680 Total General Funds 444,530 301 CDBG 36,504 303 Cemetery Operation 652 304 Senior Board 67 308 E-911 1,505 309 DWI Forfeiture 7,268 312 Recycle Rebate 477 Total Special Revenue Funds 46,473 441 2012A G.O.Refunding Bonds 104,600 442 2012B G.O.Refund Capital Imp 64,800 443 Shady Oak Rd-CR 61 North 47,938 444 Shady Oak Rd-CR 61 South 4,692 Total Debt Service Funds 222,030 502 Park Development 13,790 506 Improvement Bonds 1996 13,255 509 CIP Fund 55,423 512 CIP Trails 2,002 522 Improvement Projects 2006 3,394 Total Capital Project Funds 87,865 City of Eden Prairie Council Check Register 4/17/2012 Check# Amount Vendor/Explanation Account Description Business Unit Explanation 217603 314,449 METROPOLITAN COUNCIL ENVIRONME MCES User Fee Sewer Utility-General Monthly MCES Fee 217408 271,632 HEALTHPARTNERS Medical/Dental Premiums Health and Benefits April Medical/Dental Premium 4435 190,668 CERIDIAN State Taxes Withheld Health and Benefits Taxes Withheld 4430 183,393 CERIDIAN State Taxes Withheld Health and Benefits Taxes Withheld 4444 169,400 WELLS FARGO MINNESOTA N A Bond Proceeds 2012B GO Refund Capital Improv Bond Payment 4433 129,595 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits PERA 4438 128,200 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits PERA 217358 99,504 XCEL ENERGY Electric City Hall-CAM 1000556 79,281 C H ROBINSON CAM &Taxes-CHR City Hall-CAM 217666 74,200 XCEL ENERGY Electric Prairie Village Liquor Store 217394 57,684 ENCORE BOUTIQUE Building Den Road Building 217532 49,583 INDEPENDENT SCHOOL DIST 272 CAM School City Hall-CAM 217544 48,708 ADVANCED ENGINEERING&ENVIRON Process Control Services Sewer Capital 217505 47,938 SRF CONSULTING GROUP INC Design&Engineering Shady Oak Rd-CR 61 North 1000578 46,047 LOGIS Network Support IT Operating 217434 39,055 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store 217728 36,453 JOHNSON BROTHERS LIQUOR CO Wine Domestic Den Road Liquor Store 1000514 35,822 BRAUER& ASSOCIATES LTD Other Contracted Services Capital Maint.&Reinvestment 4447 31,996 US BANK Operating Supplies Park Maintenance 217526 31,050 WIRTZ BEVERAGE MINNESOTA Transportation Prairie View Liquor Store 1000565 29,640 CENTERPOINT ENERGY SERVICES IN Gas Water Treatment Plant 217590 28,917 JOHNSON BROTHERS LIQUOR CO Transportation Prairie Village Liquor Store 1000473 28,854 DIVERSE BUILDING MAINTENANCE Janitor Service Fitness/Conference-Cmty Ctr 1000624 27,167 YOCUM OIL COMPANY INC Lubricants&Additives Water Treatment Plant 1000505 25,941 YOCUM OIL COMPANY INC Motor Fuels Fleet Operating 217810 25,000 ALL AMERICAN TITLE Refunds CDBG-Public Service 217282 24,543 JOHNSON BROTHERS LIQUOR CO Transportation Prairie Village Liquor Store 217355 23,052 WIRTZ BEVERAGE MINNESOTA Transportation Prairie Village Liquor Store 1000600 22,424 DIVERSE BUILDING MAINTENANCE Janitor Service Senior Center 1000517 21,489 DIVERSE BUILDING MAINTENANCE Janitor Service Senior Center 4432 19,892 ING Deferred Compensation General Fund 4437 19,889 ING Deferred Compensation General Fund 1000527 19,298 GREGERSON ROSOW JOHNSON&NILA Legal Legal Council 1000552 19,269 WENCK ASSOCIATES INC Other Contracted Services Storm Drainage 217500 19,075 SOUTHERN WINE&SPIRITS OF MN Transportation Prairie Village Liquor Store 217661 17,593 WIRTZ BEVERAGE MINNESOTA Transportation Den Road Liquor Store 217448 17,526 LIFE INSURANCE COMPANY OF NORT Life Insurance EE/ER Health and Benefits 217806 16,539 WIRTZ BEVERAGE MINNESOTA Transportation Den Road Liquor Store 217627 16,297 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store 217575 16,290 GREYSTONE CONSTRUCTION COMPANY Building Capital Maint.&Reinvestment 217330 15,972 SOUTHERN WINE&SPIRITS OF MN Transportation Prairie View Liquor Store 4431 15,891 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 4436 15,844 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 217807 15,634 WIRTZ BEVERAGE MINNESOTA BEER Beer Den Road Liquor Store 217542 15,288 ABM JANITORIALSERVICES-NORTH C Janitor Service City Hall-CAM 217811 15,000 CAPEHART&SCATCHARD P.A.TRUS Insurance Property Insurance 1000572 14,773 GREENSIDE INC Contract Svcs-Snow Removal City Hall-CAM 1000546 14,649 QUALITY WINE&SPIRITS CO Transportation Den Road Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit Explanation 217641 14,525 SOUTHERN WINE&SPIRITS OF MN Transportation Prairie View Liquor Store 217376 14,338 BONNER&BORHART LLP Legal Legal Criminal Prosecution 1000548 14,269 THORPE DISTRIBUTING Beer Prairie Village Liquor Store 217623 14,079 PHILLIPS WINE AND SPIRITS INC Transportation Prairie Village Liquor Store 1000496 13,782 QUALITY WINE&SPIRITS CO Wine Domestic Den Road Liquor Store 217421 13,400 HOUSE OF PRINT Printing Community Brochure 217263 13,240 GRAYMONT Treatment Chemicals Water Treatment Plant 4443 13,115 GENESIS EMPLOYEE BENEFITS,INC HRA Health and Benefits 1000616 13,045 QUALITY WINE&SPIRITS CO Wine Domestic Prairie View Liquor Store 217259 12,995 GEAR WASH LLC Equipment Repair&Maint Fire 217301 12,993 MOELTER GRAIN INC Lime Residual Removal Water Treatment Plant 217610 12,800 MOELTER GRAIN INC Lime Residual Removal Water Treatment Plant 217662 12,496 WIRTZ BEVERAGE MINNESOTA BEER Beer Den Road Liquor Store 217628 12,468 PRAIRIEVIEW RETAIL LLC Utilities Prairie View Liquor Store 217774 12,133 SHORT ELLIOTT HENDRICKSON INC Design&Engineering Improvement Projects 1996 217310 11,968 PHILLIPS WINE AND SPIRITS INC Transportation Prairie Village Liquor Store 217527 11,721 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie Village Liquor Store 217412 11,580 HENNEPIN COUNTY MEDICAL CENTER Tuition Reimbursement/School Fire 217392 11,494 EARL F ANDERSEN INC Signs Traffic Signs 217676 11,440 ACTION SPORT DEVELOPMENT,LLC Other Contracted Services Park Acquisition&Development 217760 11,377 PHILLIPS WINE AND SPIRITS INC Transportation Den Road Liquor Store 1000620 11,258 THORPE DISTRIBUTING Misc Taxable Den Road Liquor Store 1000534 11,181 LUBRICATION TECHNOLOGIES INC Lubricants&Additives Fleet Operating 217778 11,100 SOUTHERN WINE&SPIRITS OF MN Transportation Den Road Liquor Store 1000483 10,853 INTERSTATE POWER SYSTEMS INC Equipment Repair&Maint Fleet Operating 1000591 10,795 WALL TRENDS INC Contract Svcs-General Bldg Public Works/Parks 1000586 10,507 THORPE DISTRIBUTING Misc Taxable Prairie View Liquor Store 217429 10,188 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie Village Liquor Store 217656 9,890 WEBQA INC Software IT Operating 217356 9,669 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie View Liquor Store 217585 9,361 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie View Liquor Store 217798 9,290 VTI Contract Svcs-Security Public Works/Parks 1000582 9,269 QUALITY WINE&SPIRITS CO Liquor Den Road Liquor Store 217306 9,074 NILSSON,BETH Instructor Service Ice Rink#1 217523 8,830 WINE MERCHANTS INC Transportation Prairie View Liquor Store 1000499 8,756 THORPE DISTRIBUTING Beer Prairie View Liquor Store 1000598 8,706 DAY DISTRIBUTING Misc Taxable Den Road Liquor Store 217667 8,616 YALE MECHANICAL INC Building Repair&Maint. Water Treatment Plant 217480 8,567 PHILLIPS WINE AND SPIRITS INC Wine Domestic Prairie View Liquor Store 217277 8,141 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie View Liquor Store 1000567 8,113 DAY DISTRIBUTING Beer Prairie View Liquor Store 217725 7,903 JJ TAYLOR DISTRIBUTING MINNESO Transportation Den Road Liquor Store 217364 7,577 ALPHA VIDEO& AUDIO INC Equipment Repair&Maint Communications 1000533 7,268 KUSTOM SIGNALS INC Miscellaneous DWI Forfeiture 217644 7,178 ST CROIX ENVIRONMENTAL INC Other Contracted Services Wellhead Protection Plan 217233 6,940 BERGERSON-CASWELL INC Equipment Repair&Maint Water Wells 1000623 6,847 WALL TRENDS INC Contract Svcs-General Bldg Public Works/Parks 217638 6,837 SCHARBER&SONS Machinery&Equipment Public Works 217477 6,742 PAUSTIS&SONS COMPANY Transportation Prairie View Liquor Store 1000504 6,695 WALL TRENDS INC Contract Svcs-General Bldg Public Works/Parks 217752 6,650 NILSSON,BETH Instructor Service Ice Show 1000481 6,382 HAWKINS INC Treatment Chemicals Water Treatment Plant Check# Amount Vendor/Explanation Account Description Business Unit Explanation 217812 6,158 HENNEPIN SOUTH SERVICES COLLAB Other Contracted Services Housing and Community Service 217285 6,000 KDV Audit&Financial Finance 217491 6,000 RIGHTLINE DESIGN LLC Other Contracted Services Communications 1000516 5,735 DAY DISTRIBUTING Beer Prairie View Liquor Store 1000574 5,673 HACH COMPANY Operating Supplies Water Treatment Plant 217620 5,447 PAUSTIS&SONS COMPANY Transportation Prairie View Liquor Store 1000467 5,381 BELLBOY CORPORATION Transportation Prairie Village Liquor Store 217756 5,332 PAUSTIS&SONS COMPANY Transportation Den Road Liquor Store 217643 5,204 SRF CONSULTING GROUP INC Design&Engineering Shady Oak Rd-CR 61 South 217511 5,200 SUBURBAN RATE AUTHORITY Dues&Subscriptions City Council 1000472 4,953 DAY DISTRIBUTING Beer Prairie Village Liquor Store 1000478 4,926 GREENSIDE INC Contract Svcs-Snow Removal City Hall-CAM 217576 4,823 HANSEN THORP PELLINEN OLSON Design&Engineering Improvement Projects 2006 217381 4,750 CLAREYS INC Other Contracted Services Park Maintenance 217328 4,720 SOLDO CONSULTING PC Legal Legal Council 1000593 4,557 BELLBOY CORPORATION Transportation Den Road Liquor Store 217673 4,543 M-R SIGN CO INC Signs Traffic Signs 217629 4,511 PVS TECHNOLOGIES INC Treatment Chemicals Water Treatment Plant 217414 4,493 HENNEPIN COUNTY TREASURER Licenses&Taxes Fleet Operating 217751 4,469 NATIONAL MARTIAL ARTS ASSOCIAT Instructor Service CC-Winter Skill Development 217353 4,439 WINE MERCHANTS INC Transportation Prairie View Liquor Store 1000543 4,251 NORTHERN SAFETY TECHNOLOGY INC Machinery&Equipment Police 217509 4,210 STREICHERS Clothing&Uniforms Police 217804 4,162 WINE MERCHANTS INC Transportation Den Road Liquor Store 217504 4,000 SPRING LAKE FIRE DEPT INC Tuition Reimbursement/School Fire 217675 3,882 ABM JANITORIALSERVICES-NORTH C Janitor Service Utility Operations-General 1000512 3,845 BELLBOY CORPORATION Transportation Prairie View Liquor Store 217326 3,777 SHORT ELLIOTT HENDRICKSON INC Other Contracted Services Sewer System Maintenance 1000528 3,757 HAWKINS INC Treatment Chemicals Water Treatment Plant 217308 3,733 PAUSTIS&SONS COMPANY Transportation Prairie Village Liquor Store 217534 3,699 MADISON NATIONAL LIFE Disability Ins Employers Health and Benefits 1000466 3,523 ASPEN WASTE SYSTEMS INC. Waste Disposal Fitness/Conference-Cmty Ctr 1000508 3,520 A-SCAPE INC Contract Svcs-Snow Removal Den Bldg.-CAM 1000557 3,448 A-SCAPE INC Contract Svcs-Snow Removal Den Bldg.-CAM 217352 3,381 WINE COMPANY,THE Transportation Prairie Village Liquor Store 217269 3,375 HI-TECH HEATING&AC INC Other Contracted Services Rehab 217574 3,353 GRAYMONT Treatment Chemicals Water Treatment Plant 217703 3,345 EARL F ANDERSEN INC Signs Traffic Signs 217712 3,311 GRAYMONT Treatment Chemicals Water Treatment Plant 217403 3,310 GRAYMONT Treatment Chemicals Water Treatment Plant 217658 3,163 WINE COMPANY,THE Transportation Den Road Liquor Store 1000511 3,131 ASPEN EQUIPMENT CO. Small Tools Fleet Operating 217625 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage Customer Service 217731 3,000 KLM ENGINEERING INC Other Contracted Services Water Storage 1000590 2,979 VINOCOPIA Transportation Prairie View Liquor Store 217271 2,970 HOHENSTEINS INC Beer Prairie View Liquor Store 217322 2,960 S&S SPECIALISTS Other Contracted Services Tree Removal 217503 2,863 SPIRIT APPAREL&STUFF Clothing&Uniforms Fitness Center 1000550 2,835 VAN PAPER COMPANY Cleaning Supplies Public Works/Parks 217738 2,730 MAVO SYSTEMS Contract Svcs-Pest Control Cummins Grill House 1000607 2,680 HAWKINS INC Treatment Chemicals Water Treatment Plant 217385 2,670 CONCRETE CUTTING&CORING INC Small Tools Storm Drainage Check# Amount Vendor/Explanation Account Description Business Unit Explanation 217701 2,668 DOHERTY,SANDRA L Other Contracted Services Volleyball 217359 2,633 XYLEM WATER SOLUTIONS USA INC Equipment Parts Water Treatment Plant 217380 2,633 BROTHERS FIRE PROTECTION Contract Svcs-Fire/Life/Safe Public Works/Parks 217765 2,590 PRECISION FINISHING Signs Traffic Signs 1000571 2,576 GRAINGER Cleaning Supplies Utility Operations-General 217265 2,563 HD SUPPLY WATERWORKS LTD Equipment Parts Water Treatment Plant 1000581 2,558 NEW WORLD SYSTEMS Other Assets CIP-Bonds 217659 2,511 WINE MERCHANTS INC Transportation Prairie View Liquor Store 217518 2,431 VERIZON WIRELESS Wireless Subscription IT Operating 217452 2,387 MACQUEEN EQUIPMENT INC Small Tools Fleet Operating 217601 2,385 MATSON,TOM Software Fleet Operating 217419 2,379 HOHENSTEINS INC Beer Prairie Village Liquor Store 217719 2,372 HOHENSTEINS INC Beer Den Road Liquor Store 217501 2,371 SOUTHWEST SUBURBAN PUBLISHING- Employment Advertising Organizational Services 217418 2,350 HLB TAUTGES REDPATH LTD Other Contracted Services Park Acquisition&Development 217266 2,333 HENNEPIN COUNTY HOUSING,COMMU Other Contracted Services Rehab 1000605 2,331 GRAINGER Equipment Parts Water Treatment Plant 217768 2,326 PROP Refunds CDBG-Public Service 1000507 2,318 A TO Z RENTAL CENTER Small Tools Fire 1000560 2,277 BELLBOY CORPORATION Transportation Prairie Village Liquor Store 217506 2,240 ST CROIX ENVIRONMENTAL INC Other Contracted Services Water Capital 217297 2,165 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Lake 217460 2,138 METRO FIRE Safety Supplies Fire 1000589 2,130 VAN PAPER COMPANY C H Robinson-Cleaning Supplies City Hall-Direct Costs 1000621 2,095 VAN PAPER COMPANY Cleaning Supplies Fitness/Conference-Cmty Ctr 217606 2,092 MIDWEST COCA COLA BOTTLING COM Merchandise for Resale Concessions 217780 2,092 ST CROIX ENVIRONMENTAL INC Design&Engineering Water Capital 217720 2,018 HOTSY EQUIPMENT OF MINNESOTA Equipment Repair&Maint Fleet Operating 217372 2,012 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Operating 217498 2,000 SOUTHDALE YMCA-CHILD CARE Refunds CDBG-Public Service 1000614 1,985 POMP'S TIRE SERVICE INC Tires Fleet Operating 1000530 1,939 JEFFERSON FIRE&SAFETY INC Protective Clothing Fire 1000597 1,917 CERIDIAN Ceridian IT Operating 217522 1,899 WINE COMPANY,THE Wine Domestic Prairie View Liquor Store 4446 1,881 GENESIS EMPLOYEE BENEFITS,INC Other Contracted Services Health and Benefits 1000501 1,861 VAN PAPER COMPANY Cleaning Supplies City Hall-CAM 1000503 1,855 VINOCOPIA Transportation Prairie View Liquor Store 217671 1,824 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 217802 1,813 WINE COMPANY,THE Transportation Den Road Liquor Store 1000564 1,813 CENTERPOINT ENERGY Other Contracted Services Sewer Capital 217345 1,808 USA MOBILITY WIRELESS INC Pager&Cell Phone Public Safety Communications 217555 1,730 BOURGET IMPORTS Transportation Prairie View Liquor Store 1000484 1,721 ITRON INC. Maintenance Contracts Water Metering 217646 1,703 STREICHERS Clothing&Uniforms Police 217693 1,696 CLAREYS INC Safety Supplies Fleet Operating 217468 1,677 MPX GROUP,THE Printing Police 217362 1,609 ACTIVE NETWORK INC,THE Operating Supplies Athletic Programs Admin 217444 1,590 LAVAN FLOOR COVERING Supplies-General Bldg FF&E-Furn,Fixtures&Equip. 217711 1,577 GRAPE BEGINNINGS Transportation Den Road Liquor Store 217273 1,550 IDEAL SERVICE INC Equipment Repair&Maint Water Treatment Plant 1000542 1,497 NEW WORLD SYSTEMS Conference Expense Fire 217404 1,445 GYM WORKS Equipment Repair&Maint Fitness Center Check# Amount Vendor/Explanation Account Description Business Unit Explanation 1000489 1,432 MCQUAY INTERNATIONAL Contract Svcs-HVAC City Hall-CAM 1000535 1,425 LYNDALE PLANT SERVICES Contract Svcs-Int.Landscape City Hall-CAM 217657 1,400 WILKUS ARCHITECTS INC Contract Svcs-General Bldg Police City Center 217471 1,383 NORTHERN AIR CORPORATION Contract Svcs-Plumbing Ice Arena Maintenance 217682 1,377 BARR ENGINEERING COMPANY Other Contracted Services Storm Drainage 217558 1,355 CLAREYS INC Safety Supplies Utility Operations-General 217290 1,346 MACQUEEN EQUIPMENT INC Equipment Repair&Maint Sewer Utility-General 217789 1,340 TOTAL REGISTER Other Contracted Services Prairie Village Liquor Store 217599 1,326 LITANIA SPORTS GROUP INC Supplies-General Bldg Fitness/Conference-Cmty Ctr 217814 1,325 US POSTMASTER Postage Water Accounting 1000562 1,309 BOYER TRUCKS Equipment Parts Fleet Operating 1000569 1,304 FASTENAL COMPANY Training Supplies Fire 217586 1,286 JMS CUSTOM HOMES Deposits Escrow 1000544 1,284 PAUL'S TWO-WAY RADIO Other Contracted Services Public Safety Communications 217520 1,266 VTI Equipment Repair&Maint Public Safety Communications 1000476 1,234 GRAINGER Repair&Maint.Supplies Water Treatment Plant 217648 1,205 SURLY BREWING CO Beer Prairie View Liquor Store 217533 1,200 JOHN NAGENGAST DOORS LLC Contract Svcs-General Bldg Public Works/Parks 217461 1,189 MIDWEST COCA COLA BOTTLING COM Merchandise for Resale Concessions 217389 1,188 DNR Clothing&Uniforms Softball 217398 1,159 GE CAPITAL Other Rentals IT Operating 217808 1,153 WM MUELLER AND SONS INC Landscape Materials/Supp Park Maintenance 1000471 1,146 CENTERPOINT ENERGY Gas Prairie View Liquor Store 1000488 1,124 MCNEILUS STEEL INC Repair&Maint.Supplies Water System Maintenance 217378 1,100 BREIMHORST PAINTING&DECORATI Other Contracted Services Rehab 217801 1,097 WATSON CO INC,THE Merchandise for Resale Concessions 217495 1,095 SHADYWOOD TREE EXPERTS INC Other Contracted Services Tree Removal 217744 1,093 MINNESOTA ELEVATOR INC Building Repair&Maint. Water Treatment Plant 1000523 1,080 GOVDELIVERY Software Maintenance IT Operating 1000566 1,051 CERIDIAN Ceridian IT Operating 217600 1,045 MASTER CRAFT LABELS INC Operating Supplies Den Road Liquor Store 217769 1,035 PRUHS,REID Other Contracted Services Volleyball 217467 1,030 MOELTER GRAIN INC Lime Residual Removal Water Treatment Plant 217692 1,027 CENTURYLINK Telephone E-911 Program 217235 1,017 BERRY COFFEE COMPANY Merchandise for Resale Concessions 217757 1,000 PERSONNEL DECISIONS INTL Other Contracted Services Administration 217611 992 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 217278 988 JM OIL CO Repair&Maint.Supplies Water Treatment Plant 217684 978 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 217573 965 GOOD,JAMIE Tuition Reimbursement/School Organizational Services 1000525 960 GRAFIX SHOPPE Equipment Repair&Maint Fleet Operating 1000587 942 TWIN CITY FILTER SERVICE INC Building Repair&Maint. Water Treatment Plant 217229 942 ALTERNATIVE BUSINESS FURNITURE Capital Under$10,000 FF&E-Furn,Fixtures&Equip. 1000580 941 MCQUAY INTERNATIONAL Contract Svcs-HVAC City Hall-CAM 217645 929 STAPLES ADVANTAGE Office Supplies Customer Service 217383 917 COMMERCIAL STEAM TEAM Other Contracted Services Prairie Village Liquor Store 217416 900 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire 217762 899 PITNEY BOWES Postage Customer Service 217227 899 ABLE HOSE&RUBBER INC Equipment Parts Water Treatment Plant 217746 893 MINNESOTA RESTAURANT&COMMERC Building Repair&Maint. Den Road Liquor Store 217402 885 GRAPE BEGINNINGS Transportation Prairie View Liquor Store 217365 874 ALTERNATIVE BUSINESS FURNITURE Capital Under$10,000 FF&E-Furn,Fixtures&Equip. Check# Amount Vendor/Explanation Account Description Business Unit Explanation 217535 872 MICHAEL DEHLER Office Supplies Customer Service 1000573 866 GUNDERSON,CONSTANCE L. Instructor Service Arts Center 217338 851 TEMP,DAWN M Other Contracted Services Volleyball 217543 844 ACCELERATED TECHNOLOGIES LLC Video&Photo Supplies Fitness Classes 217253 840 EPCO CARBON DIOXIDE PRODUCTS I Treatment Chemicals Water Treatment Plant 217710 833 GRANICUS INC Software Maintenance IT Operating 217521 827 WATSON CO INC,THE Merchandise for Resale Concessions 217390 826 DOMACE VINO Transportation Prairie Village Liquor Store 217632 825 READY WATT ELECTRIC Repair&Maint.Supplies Emergency Preparedness 217475 820 PARLEY LAKE WINERY Wine Domestic Prairie View Liquor Store 217739 820 MEDICINE LAKE TOURS Special Event Fees Trips 1000475 819 FIRST SUPPLY Supplies-HVAC Fitness/Conference-Cmty Ctr 217513 818 SURLY BREWING CO Beer Den Road Liquor Store 217707 817 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 217343 800 URIZANDI,OSCAR Cemetery Lot Maint.20% Pleasant Hill Cemetery 217236 792 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations-General 1000594 774 BOUNDLESS NETWORK Clothing&Uniforms Facilities Staff 217637 770 SACKETT,MATTHEW Tuition Reimbursement/School Organizational Services 217442 768 KRAMER,TRENT C Other Contracted Services Basketball 1000506 749 ZIEGLER INC Equipment Repair&Maint Fleet Operating 217794 741 US HEALTH WORKS MEDICAL GRP MN Employment Support Test Organizational Services 1000462 725 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Senior Center 217379 720 BRIAN BAKER Deposits-P&R Refunds Community Center Admin 217324 718 SEELYE Repair&Maint.Supplies Water Treatment Plant 4434 704 CERIDIAN Garnishment Withheld General Fund 4429 704 CERIDIAN Garnishment Withheld General Fund 1000555 703 ZEP MANUFACTURING CO Equipment Parts Fleet Operating 217614 700 NSWFA Dues&Subscriptions Fire 1000563 700 CDW GOVERNMENT INC. Operating Supplies Recreation Admin 1000490 694 METRO SALES INCORPORATED* Other Rentals IT Operating 217619 693 PAPCO INC Contract Svcs-General Bldg Fitness/Conference-Cmty Ctr 217764 689 PRAIRIE LAWN AND GARDEN Equipment Parts Fleet Operating 1000619 688 STATE SUPPLY COMPANY Supplies-Plumbing Fitness/Conference-Cmty Ctr 217592 680 KAISER,DAVID S Supplies-General Bldg Fitness/Conference-Cmty Ctr 1000519 666 DREW'S CONCESSIONS LLC Merchandise for Resale Concessions 217470 665 NAHRO Dues&Subscriptions Community Development Admin. 1000596 655 CATCO PARTS SERVICE Equipment Parts Fleet Operating 217790 648 UNIFORMS UNLIMITED Clothing&Uniforms Police 217333 644 STREICHERS Clothing&Uniforms Police 217373 638 BERNICK'S WINE Misc Non-Taxable Den Road Liquor Store 217571 616 GETTMAN COMPANY Misc Taxable Prairie View Liquor Store 217785 615 STRAND MANUFACTURING CO INC Equipment Repair&Maint Water Treatment Plant 217374 615 BERRY COFFEE COMPANY Merchandise for Resale Concessions 217767 614 PROP United Way Withheld General Fund 217582 609 HOME DEPOT CREDIT SERVICES Repair&Maint-Ice Rink Ice Arena Maintenance 217249 600 DONALD SALVERDA&ASSOCIATES Conference Expense Community Development Admin. 217422 600 HUTTER,MICHAEL Other Hardware IT Operating 217445 600 LEGACY BUILDING SOLUTIONS INC Other Contracted Services Capital Maint.&Reinvestment 1000541 600 NEW FRANCE WINE COMPANY Transportation Den Road Liquor Store 1000465 595 ASPEN EQUIPMENT CO. Small Tools Fleet Operating 1000532 585 KIDS TEAM TENNIS LLC Instructor Service CC-Tennis 217594 585 KEEPERS Clothing&Uniforms Fire Check# Amount Vendor/Explanation Account Description Business Unit Explanation 217691 583 CENTURYLINK Maintenance Contracts E-911 Program 217795 571 VANCE BROTHERS INC Patching Asphalt Street Maintenance 217279 569 JOHN HENRY FOSTER MINNESOTA IN Maintenance Contracts Water Treatment Plant 217411 569 HENNEPIN COUNTY I/T DEPT Equipment Repair&Maint Public Safety Communications 217474 565 OXYGEN SERVICE COMPANY Operating Supplies Fire 1000584 563 SPRINT Computers IT Operating 217554 562 BIFFS INC Waste Disposal Park Maintenance 217562 561 CUSTOM HEADSETS INC Capital Under$10,000 E-911 Program 217668 559 Z WINES USA LLC Transportation Prairie View Liquor Store 217781 552 STAPLES ADVANTAGE Office Supplies Police 1000515 551 DAKOTA SUPPLY GROUP INC Merchandise for Resale Water Metering 217339 543 THE OASIS GROUP Employee Assistance Organizational Services 217740 534 MENARDS Equipment Parts Snow&Ice Control 217410 534 HENNEPIN COUNTY ACCOUNTS RECEI Software Maintenance IT Operating 217401 532 GRAND PERE WINES INC Transportation Prairie View Liquor Store 1000561 531 BOUND TREE MEDICAL LLC EMS Supplies Fire 1000608 530 IDEXX DISTRIBUTION CORP Lab Supplies Water Treatment Plant 217246 529 DE LAGE LANDEN FINANCIAL SERVI Other Rentals IT Operating 217466 525 MINNESOTA FIRE SERVICE CERTIFI Dues&Subscriptions Fire 217793 525 URBAN LAND INSTITUTE Dues&Subscriptions Community Development Admin. 217747 522 MINNESOTA WANNER COMPANY Equipment Parts Fleet Operating 217377 522 BOURGET IMPORTS Transportation Prairie View Liquor Store 217735 520 LIFT BRIDGE BREWERY Beer Den Road Liquor Store 217239 514 BUCK,NATHAN Other Contracted Services Basketball 217541 513 ABLE HOSE&RUBBER INC Repair&Maint.Supplies Water Treatment Plant 1000470 511 CDW GOVERNMENT INC. Other Assets CIP-Bonds 217450 501 MAACO Equipment Repair&Maint Fleet Operating 217729 500 KAISER,DAVID S Operating Supplies Ice Rink#1 217792 500 UPPER MIDWEST COMMUNITY POLICI Tuition Reimbursement/School Police 217473 495 ORNE,GREG AND NANCY Accounts Receivable Water Enterprise Fund 217350 491 WATER CONSERVATION SERVICES IN Other Contracted Services Water System Maintenance 1000510 487 AMERITRAK Other Contracted Services Snow&Ice Control 217347 485 VEOLIA Waste Disposal Fleet Operating 217538 483 PETTY CASH-POLICE DEPT 217459 482 MENARDS Equipment Parts Snow&Ice Control 217772 481 SEELYE Repair&Maint.Supplies Water Treatment Plant 217485 480 PUBLIC EMPLOYEES RETIREMENT AS Pension-PERA Day Care 217331 467 SPEEDPRO IMAGING INC Operating Supplies Ice Rink#1 217336 464 SURLY BREWING CO Beer Prairie View Liquor Store 1000622 459 VINOCOPIA Transportation Prairie View Liquor Store 217654 453 US HEALTH WORKS MEDICAL GRP MN Employment Support Test Organizational Services 217788 451 TESSMAN SEED CO Chemicals Park Maintenance 217454 450 MARTIN-MCALLISTER Employment Support Test Organizational Services 217319 450 RICHFIELD,CITY OF Autos Public Works 217709 447 GRAND PERE WINES INC Transportation Prairie Village Liquor Store 217615 446 OLSEN COMPANIES Equipment Parts Fleet Operating 217488 445 REBS MARKETING Other Contracted Services Water Accounting 217241 442 CHISAGO LAKES DISTRIBUTING Beer Prairie Village Liquor Store 217796 441 VERIZON WIRELESS Telephone E-911 Program 217349 440 VTI Contract Svcs-Security Fitness/Conference-Cmty Ctr 1000474 439 FASTENAL COMPANY Operating Supplies Park Maintenance 217782 439 STAPLES MILL BREWING CO Beer Den Road Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit Explanation 217464 437 MINNESOTA CLAY CO.USA Operating Supplies Arts Center 1000509 435 AMARA WINES LLC Wine Imported Prairie Village Liquor Store 217256 428 FRAGALE,ANNETTE Instructor Service Senior Center Programs 217275 425 INTERNATIONAL ASSOCIATION Tuition Reimbursement/School Police 217335 425 SUBURBAN WILDLIFE CONTROL INC Other Contracted Services Storm Drainage 1000537 423 METRO SALES INCORPORATED* Other Rentals IT Operating 1000601 422 EMERGENCY APPARATUS MAINTENANC Equipment Repair&Maint Fire 1000559 420 ASPEN WASTE SYSTEMS INC. Waste Disposal Utility Operations-General 217267 418 HENNEPIN COUNTY TREASURER Board of Prisoner Police 217536 417 NEW AMERICAN ACADEMY Other Contracted Services Housing and Community Service 217608 416 MINNESOTA ELEVATOR INC Maintenance Contracts Water Treatment Plant 1000477 414 GREATAMERICA LEASING CORP. Postage Customer Service 217272 414 HOLMES,TOM Other Contracted Services Volleyball 1000482 408 HD SUPPLY FACILITIES MAINTENAN Supplies-Electrical City Hall-CAM 1000606 406 GREENSIDE INC Contract Svcs-Snow Removal City Hall-CAM 217230 405 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store 217446 405 LEROY JOB TRUCKING INC Other Contracted Services Animal Control 217649 401 TAYLOR,EMILY Instructor Service Arts Center 217809 400 XCEL ENERGY Electric Forest Hills Park 217463 396 MIDWEST FIRE PROTECTION INC Contract Svcs-Fire/Life/Safe Cummins Grill House 1000611 394 MCQUAY INTERNATIONAL Contract Svcs-HVAC Fire Station#1 1000595 391 BOYER TRUCKS Equipment Parts Fleet Operating 217565 389 EDEN PRAIRIE MALL LLC Building Rental Housing and Community Service 217702 388 DOMACE VINO Transportation Prairie View Liquor Store 217514 386 TCALMC Conference Expense Engineering 217387 380 DAVANNI'S PIZZA Merchandise for Resale Concessions 1000610 378 KUSTOM SIGNALS INC Equipment Parts Fleet Operating 217481 378 PINNACLE DISTRIBUTING Misc Taxable Prairie Village Liquor Store 217254 378 EVIDENT INC Operating Supplies Police 217264 375 HARMONY PRODUCTIONS Fire Prevention Supplies Fire 217296 375 MINNESOTA CHIEFS OF POLICE ASS Tuition Reimbursement/School Police 217507 375 STAPLES ADVANTAGE Office Supplies Police 217716 372 HENNEPIN COUNTY ELECTIONS Other Contracted Services Elections 1000613 369 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Operating 217743 364 MIDWEST COCA COLA BOTTLING COM Misc Non-Taxable Prairie View Liquor Store 217237 360 BOLD,PAULINE Instructor Service Outdoor Center 217766 353 PRIME SOURCE ONE LLC Operating Supplies Community Center Admin 217366 351 AMERICAN BOTTLING COMPANY,THE Misc Taxable Prairie View Liquor Store 1000479 350 GUNDERSON,CONSTANCE L. Instructor Service Arts Center 217642 346 SOUTHWEST NEWSPAPERS Legal Notices Publishing City Clerk 217238 344 BRYAN ROCK PRODUCTS INC Gravel Storm Drainage 217568 342 FASTSIGNS Operating Supplies Ice Show 217761 337 PINNACLE DISTRIBUTING Misc Taxable Den Road Liquor Store 1000493 337 O'REILLY AUTOMOTIVE INC Equipment Parts Fleet Operating 217597 337 LAKE COUNTRY DOOR LLC Contract Svcs-General Bldg Public Works/Parks 217791 333 UNITED WAY United Way Withheld General Fund 217344 332 US HEALTH WORKS MEDICAL GRP MN Health&Fitness Fire 217695 332 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 1000538 328 METROPOLITAN FORD Equipment Parts Fleet Operating 217581 322 HOLMES,TOM Other Contracted Services Volleyball 1000577 321 LOCATORS&SUPPLIES INC Patching Asphalt Street Maintenance 217312 321 PLUNKETT'S PEST CPMTROL INC Contract Svcs-Pest Control Fitness/Conference-Cmty Ctr Check# Amount Vendor/Explanation Account Description Business Unit Explanation 217490 320 RICK,ELIZABETH DEE Instructor Service Outdoor Center 217634 320 RICK,ELIZABETH DEE Instructor Service Outdoor Center 217578 320 HENNEPIN COUNTY I/T DEPT Equipment Repair&Maint Public Safety Communications 217302 311 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 217228 311 ALL GOALS INC Repair&Maint.Supplies Park Maintenance 217734 308 LANO EQUIPMENT INC Equipment Parts Fleet Operating 217295 306 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 1000592 304 ASSET RECOVERY CORPORATION Other Hardware IT Operating 1000494 301 OSI BATTERIES INC Operating Supplies Police 217300 300 MN EMERGENCY SERVICE CHAPLAIN Tuition Reimbursement/School Police 217424 300 JANISZEWSKI,DAVID Refunds Environmental Education 217677 300 ALLIED GENERATORS Maintenance Contracts Sewer System Maintenance 1000612 300 METROPOLITAN FORD Equipment Parts Fleet Operating 217563 293 CUSTOM HOSE TECH Equipment Parts Fleet Operating 217516 287 US HEALTH WORKS MEDICAL GRP MN Health&Fitness Fire 1000480 284 HACH COMPANY Laboratory Chemicals Water Treatment Plant 217311 282 PITNEY BOWES Postage Customer Service 217598 280 LIFT BRIDGE BREWERY Beer Den Road Liquor Store 1000531 280 KIDCREATE STUDIO Instructor Service Arts Center 1000553 277 WESTSIDE EQUIPMENT Equipment Repair&Maint Fleet Operating 217593 276 KALLIN,LAWRENCE E Other Contracted Services Volleyball 217341 274 TRUE FABRICATIONS Misc Taxable Den Road Liquor Store 217393 273 EDEN PRAIRIE SCHOOL Printing Special Initiatives 217616 273 OMEGA INDUSTRIES Equipment Repair&Maint Park Maintenance 217770 271 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 217234 270 BERNICK'S WINE Beer Prairie View Liquor Store 217262 268 GRAND PERE WINES INC Transportation Den Road Liquor Store 1000487 268 KUSTOM SIGNALS INC Equipment Repair&Maint Police 217438 268 KEEPERS Clothing&Uniforms Fire 217540 266 AARP DRIVER SAFETY PROGRAM Other Contracted Services Senior Center Programs 217252 264 ENVIRONMENTAL RESOURCE ASSOCIA Laboratory Chemicals Water Treatment Plant 217515 264 TRI COUNTY BEVERAGE&SUPPLY Misc Non-Taxable Prairie View Liquor Store 1000536 262 MATHESON TRI-GAS INC Equipment Repair&Maint Fleet Operating 217482 257 PLUNKETT'S PEST CPMTROL INC Contract Svcs-Pest Control Fire Station#3 1000502 255 VIKING ELECTRIC SUPPLY Supplies-Electrical City Hall-CAM 217472 253 OLSEN COMPANIES Operating Supplies Park Maintenance 217287 250 KNAEBLE,TIM Refunds Environmental Education 217584 248 JAY SCHOO Facility Rentals Ice Rink#3 217655 246 WATER CONSERVATION SERVICES IN OCS-Utility Locates Water System Maintenance 217539 245 4 EVER EXERCISE EQUIPMENT REPA Equipment Repair&Maint Police 217733 244 LAKE COUNTRY DOOR LLC Contract Svcs-General Bldg Fire Station#3 217457 240 MATTS AUTO SERVICE INC Equipment Repair&Maint Fleet Operating 217291 240 MAGC Dues&Subscriptions Communications 217776 240 SIMS,ROGER&CAROL Deposits-P&R Refunds Community Center Admin 217447 239 LEXISNEXIS Other Contracted Services Police 217307 238 NORTH CENTRAL LABORATORIES Laboratory Chemicals Water Treatment Plant 217409 238 HENNEPIN CO TAXPAYER SERVICES Software Maintenance IT Operating 217382 237 COMCAST Other Contracted Services Police 217314 236 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 217483 236 PREMIUM WATERS INC Operating Supplies Fire 217323 235 SCOTT COUNTY SHERIFF'S OFFICE Deposits Escrow 217635 232 ROB WEILER Refunds Environmental Education Check# Amount Vendor/Explanation Account Description Business Unit Explanation 217400 231 GOPHER STATE ONE-CALL OCS-Leak Detection Utility Operations-General 217651 229 TITAN MACHINERY Equipment Parts Fleet Operating 1000485 229 JANEX INC Repair&Maint.Supplies Prairie Village Liquor Store 217602 227 MENARDS Equipment Parts Snow&Ice Control 1000526 224 GRAINGER Operating Supplies Facilities Staff 1000585 221 SPS COMPANIES Operating Supplies Park Maintenance 217244 220 CONSTRUCTION BULLETIN Dues&Subscriptions Engineering 217321 218 ROTO-ROOTER Contract Svcs-Plumbing Senior Center 1000545 216 PRINTERS SERVICE INC Repair&Maint-Ice Rink Ice Arena Maintenance 217696 216 CONCRETE CUTTING&CORING INC Repair&Maint.Supplies Storm Drainage 1000570 215 FORESTEDGE WINERY Wine Domestic Prairie View Liquor Store 217799 209 WALSER CHRYSLER JEEP Equipment Repair&Maint Fleet Operating 217545 207 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 217564 205 DEPARTMENT OF NATURAL RESOURCE Other Rentals Park Maintenance 217486 203 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 1000575 202 HD SUPPLY FACILITIES MAINTENAN Supplies-Electrical City Center Operations 217556 202 CALIFORNIA CONTRACTORS SUPPLIE Safety Supplies Sewer System Maintenance 217750 201 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 217476 201 PATRICIA RUDE Deposits-P&R Refunds Community Center Admin 217604 200 MICHAEL DAVIS Refunds Environmental Education 217783 199 STEIN,MIKE Operating Supplies Fire 217315 198 RANCE,JESSICA Refunds Environmental Education 1000599 198 DE LAGE LANDEN FINANCIAL SERVI Other Rentals IT Operating 217251 192 ELIASON,STEVE J Other Contracted Services Basketball 217298 189 MINNESOTA WANNER COMPANY Equipment Parts Fleet Operating 217742 189 METRO FIRE Equipment Repair&Maint Fire 217689 189 BROWNING,RYAN Equipment Repair&Maint IT Operating 217681 189 AUSTIN,CHARLENE Operating Supplies Fitness Classes 217690 188 BRYAN ROCK PRODUCTS INC Gravel Water System Maintenance 217612 188 MURPHY MACHINE INC Equipment Repair&Maint Water Treatment Plant 217284 187 KARST,JOAN E Mileage&Parking Facilities Staff 217406 186 HARRY GARRISH Deposits-P&R Refunds Community Center Admin 217724 184 J&R RADIATOR CORP Equipment Repair&Maint Fleet Operating 217226 184 AARP DRIVER SAFETY PROGRAM Other Contracted Services Senior Center Programs 217502 184 SPERR,MARK Other Contracted Services Volleyball 217512 180 SUE BROWN Operating Supplies Environmental Education 217697 180 CONTROL STUFF INC. Process Control Services Water Treatment Plant 217261 179 GILLUND ENTERPRISES Equipment Parts Fleet Operating 217678 178 AMERICAN BOTTLING COMPANY,THE Misc Taxable Prairie View Liquor Store 217384 177 COMMUNITY EDUCATION Operating Supplies Senior Center Programs 217361 176 AARP DRIVER SAFETY PROGRAM Other Contracted Services Senior Center Programs 217687 175 BLOOMINGTON SECURITY SOLUTIONS Contract Svcs-Security Cummins Grill House 217240 175 CENTURYLINK Telephone Water Distribution 217458 175 MEDICAL GRAPHICS CORPORATION Software Maintenance IT Operating 217363 174 ALEXANDRIA TECHNICAL COLLEGE Tuition Reimbursement/School Fire 217663 170 WORLD WIDE CELLARS INC Transportation Prairie View Liquor Store 217552 168 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 217579 164 HOHENSTEINS INC Beer Den Road Liquor Store 217316 163 RANDY SLICK Mileage&Parking Engineering 217613 161 MUSSELL,KATELIN Other Contracted Services Volleyball 1000547 160 SCRAP METAL PROCESSORS INC Waste Disposal Fleet Operating 217605 160 MICRO CENTER A/R Other Hardware IT Operating Check# Amount Vendor/Explanation Account Description Business Unit Explanation 217775 160 SIERRA CORPORATION Equipment Parts Fleet Operating 217669 160 440400-NCPERS MINNESOTA PERA Health and Benefits 1000498 155 SPS COMPANIES Repair&Maint.Supplies Water System Maintenance 217754 154 OLSEN COMPANIES Equipment Parts Fleet Operating 217496 152 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie Village Liquor Store 217553 152 BERNICK'S WINE Wine Domestic Den Road Liquor Store 1000495 151 POMP'S TIRE SERVICE INC Equipment Repair&Maint Fleet Operating 217276 151 J H LARSON COMPANY Supplies-Electrical Prairie Village Liquor Store 217268 150 HEUN ENTERPRISES,INC Liquor Prairie View Liquor Store 217317 150 RASKIN,DAVID Refunds Environmental Education 217348 150 VOELKER,JAMES Tuition Reimbursement/School Fire 217415 150 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning 217779 150 SQUARE CUT Instructor Service Senior Center Admin 4442 149 OPTUM HEALTH FINANCIAL SERVICE Other Contracted Services Health and Benefits 217685 148 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations-General 217737 147 MATSON,TOM Small Tools Fleet Operating 217375 147 BOBBY&STEVE'S AUTO WORLD EDE Equipment Repair&Maint Police 217337 141 TEE JAY NORTH INC Other Contracted Services Prairie Village Liquor Store 217679 141 AMERIPRIDE LINEN&APPAREL SER Cleaning Supplies Prairie Village Liquor Store 217630 140 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 217294 139 MENARDS Repair&Maint.Supplies Water Treatment Plant 1000529 139 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance 217567 139 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 217334 138 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 1000588 135 UNIQUE PAVING MATERIALS Patching Asphalt Street Maintenance 1000568 135 DREW'S CONCESSIONS LLC Merchandise for Resale Concessions 217456 135 MATSON,TOM Small Tools Fleet Operating 217304 134 MURPHY MACHINE INC Equipment Repair&Maint Water Treatment Plant 217342 134 UNIFORMS UNLIMITED Operating Supplies Police 217631 134 RDO EQUIPMENT CO Operating Supplies Park Maintenance 1000469 133 BOYER TRUCKS Equipment Parts Fleet Operating 217451 130 MACA Tuition Reimbursement/School Police 217566 129 EXECUTIVE OCEAN Employee Award Internal Events 217286 129 KEEPERS Clothing&Uniforms Reserves 217741 128 METRO ATHLETIC SUPPLY Operating Supplies Park Maintenance 1000463 128 AMARA WINES LLC Transportation Prairie Village Liquor Store 1000558 128 AMARA WINES LLC Transportation Prairie View Liquor Store 217274 126 INDUSTRIAL SUPPLY CO INC Equipment Parts Water Treatment Plant 217715 125 HENDERSON,THOMAS Clothing&Uniforms Police 217289 125 LIBERTY TIRE RECYCLING-MN Waste Disposal Fleet Operating 217561 125 CUB FOODS EDEN PRAIRIE Operating Supplies Reserves 1000609 124 JASON'S DELI Training Supplies Police 217346 122 VANDENBERGHE,MARK Conference Expense Fire 4440 122 VANCO SERVICES Miscellaneous Community Center Admin 217245 120 DAVID SCHNEIDER Instructor Service Theatre Initiative 217670 119 CENTURYLINK Telephone IT Telephone 217786 116 STREICHERS Clothing&Uniforms Police 1000521 115 FIRST SUPPLY Supplies-HVAC Fitness/Conference-Cmty Ctr 217577 111 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Park Maintenance 217270 111 HIRSHFIELD'S Building Repair&Maint. Water Treatment Plant 217232 109 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Operating 217718 109 HIRSHFIELD'S Building Repair&Maint. Water Treatment Plant Check# Amount Vendor/Explanation Account Description Business Unit Explanation 217763 109 PORTA,KITTY Mileage&Parking City Clerk 217652 108 TOLL GAS AND WELDING SUPPLY Small Tools Water System Maintenance 217318 108 RAY,LEE Other Contracted Services Basketball 1000464 106 AMERICAN SOLUTIONS FOR BUSINES Clothing&Uniforms Community Center Admin 217755 105 OXYGEN SERVICE COMPANY Operating Supplies Fire 217626 105 PRAIRIE LAWN AND GARDEN Equipment Parts Fleet Operating 217443 103 KRUEGER,MARK Operating Supplies Police 217698 100 CUB FOODS EDEN PRAIRIE Operating Supplies Police 217283 100 KAHN,STEVE Refunds Environmental Education 217327 100 SMITH,BRIAN Refunds Environmental Education 217449 100 LOREN AMUNDSON Refunds Environmental Education 217529 100 YOST,ALICIA Refunds Environmental Education 217591 100 JUDI BLOMBERG Refunds Environmental Education 217595 100 KENT SCHROEDER Refunds Environmental Education 217748 100 MITTAG,MATT Refunds Environmental Education 217427 99 JENNIFER FISCHER Deposits-P&R Refunds Community Center Admin 217639 98 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie View Liquor Store 217397 98 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance 217441 98 KOCOUREK,JOAN Clothing&Uniforms Police 1000491 98 NEW FRANCE WINE COMPANY Transportation Prairie Village Liquor Store 217705 97 ENVIRONMENTAL EQUIPMENT&SERV Equipment Parts Fleet Operating 217292 97 MARK'S CONCESSION REPAIR LLC Equipment Repair&Maint Concessions 1000540 96 MOTOROLA Equipment Repair&Maint Public Safety Communications 217248 96 DIRECTV Cable TV Community Center Admin 217242 96 CHRISTIANSEN,MIKE Other Contracted Services Basketball 217745 95 MINNESOTA LEGAL REGISTER Dues&Subscriptions Assessing 217773 95 SHAMROCK GROUP,INC-ACE ICE Transportation Den Road Liquor Store 217636 95 RUDOLPH,VICKI Refunds Environmental Education 217557 93 CENTURYLINK Telephone IT Telephone 1000486 90 JASON'S DELI Miscellaneous IT Operating 217572 88 GILBERT MECHANICAL Cash Over/Short General Fund 1000617 87 QUICKSILVER EXPRESS COURIER Postage Human Resources 217570 85 G&K SERVICES-MPLS INDUSTRIAL Other Contracted Services Park Maintenance 217717 83 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning 1000492 82 NUCO2 INC Supplies-Pool Pool Maintenance 217647 82 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 217247 81 DESIGN DESIGN Transportation Prairie View Liquor Store 217369 81 AT&T MOBILITY Pager&Cell Phone Water System Maintenance 217320 80 RICK,ELIZABETH DEE Instructor Service Outdoor Center 217396 79 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police 217340 78 TKO WINES,INC Wine Imported Prairie Village Liquor Store 217736 78 LUNDBERG,ALLEN Refunds Environmental Education 217299 75 MN DEPT.OF LABOR AND INDUSTRY Conference Expense Utility Operations-General 217546 75 ANDERSON LAKES ANIMAL HOSPITAL Other Contracted Services Animal Control 217721 75 INTERNATIONAL ASSOCIATION OF A Dues&Subscriptions Fire 217305 75 NETA Training Supplies Fitness Classes 217596 73 KRAEMERS HARDWARE INC Supplies-General Bldg Park Shelters 217531 72 CENTURYLINK Telephone Sewer Lift station 1000618 71 SHRED-IT USA INC Waste Disposal City Center Operations 217730 68 KEEPERS Clothing&Uniforms Reserves 217487 68 RANJIT PATIL Refunds Environmental Education 217332 67 STRAND MANUFACTURING CO INC Equipment Repair&Maint Water Treatment Plant Check# Amount Vendor/Explanation Account Description Business Unit Explanation 1000583 66 SPRINT Telephone Engineering 217492 65 ROGERS,MICHAEL Operating Supplies Street Maintenance 217257 64 FSH COMMUNICATIONS LLC Telephone Round Lake 217423 64 INDUSTRIAL FLOOR MAINTENANCE I Equipment Parts Fleet Operating 217484 64 PRICISE MRM LLC Equipment Repair&Maint Fleet Operating 217787 64 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 217255 64 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 217367 62 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 217325 61 SHAMROCK GROUP,INC-ACE ICE Transportation Den Road Liquor Store 217293 61 MEDICAL GRAPHICS CORPORATION Dues&Subscriptions Fitness Center 1000554 61 WSB&ASSOCIATES INC Design&Engineering Improvement Projects 2006 1000522 60 GINA MARIAS INC Operating Supplies Reserves 217440 60 KOCHER,SUSAN Instructor Service Outdoor Center 217694 59 COMCAST Dues&Subscriptions City Council 217391 58 DONG GENG QI Deposits-P&R Refunds Community Center Admin 217435 58 KARST,JOAN E Supplies-General Bldg Public Works/Parks 217469 58 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 217653 57 TRUE FABRICATIONS Misc Taxable Den Road Liquor Store 217569 56 FERRELLGAS Equipment Parts Fleet Operating 217313 56 PRECISION SMALL ENGINE REPAIR Equipment Parts Fleet Operating 217303 55 MTRA Dues&Subscriptions Senior Center Admin 1000524 55 GOVERNMENT FINANCE OFFICERS AS Dues&Subscriptions Finance 217231 55 AT&T MOBILITY Telephone E-911 Program 217386 53 DART PORTABLE STORAGE INC Other Rentals Fire 1000518 53 DMX MUSIC Other Contracted Services Prairie Village Liquor Store 1000603 52 GINA MARIAS INC Operating Supplies Reserves 1000604 51 GRAFIX SHOPPE Equipment Parts Fleet Operating 1000551 51 W P&R S MARS CO Operating Supplies Street Maintenance 4445 50 GENESIS EMPLOYEE BENEFITS,INC HRA Health and Benefits 217243 50 COLLINS,JEAN Refunds Environmental Education 217395 50 FBI-LEEDA Dues&Subscriptions Police 217420 50 HOLLINGSWORTH,KAREN Refunds Environmental Education 217428 50 JESTER,LAURA Refunds Environmental Education 217551 50 BARRON COUNTY INCINERATOR Other Contracted Services Police 217618 50 OUR LADY OF PEACE HOME Deposits Escrow 217650 50 TAYLOR,JARED M Refunds Environmental Education 217749 50 MPPOA Dues&Subscriptions Police 217771 50 ROUFS,MARLENE Refunds Environmental Education 217813 50 SCHMIDT,JEFFREY Refunds Environmental Education 217370 50 AZRA LOSIC Refunds Environmental Education 217803 50 WINE ENTHUSIAST Dues&Subscriptions Den Road Liquor Store 217417 49 HERMANN BLUMENTHAL Refunds Environmental Education 217672 49 ROSE ANDERSON Refunds Environmental Education 217549 47 AZRA LOSIC Refunds Environmental Education 217607 46 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance IT Operating 217413 46 HENNEPIN COUNTY PUBLIC RECORDS Other Contracted Services Engineering 217700 46 DIRECTV Operating Supplies Police 217250 45 EIDSMO,KELLY Refunds Environmental Education 1000549 43 UPS Equipment Repair&Maint Public Safety Communications 217624 42 PINNACLE DISTRIBUTING Misc Taxable Den Road Liquor Store 217797 42 VOECKS,MATT Refunds Environmental Education 217723 41 J H LARSON COMPANY Supplies-Electrical Fitness/Conference-Cmty Ctr Check# Amount Vendor/Explanation Account Description Business Unit Explanation 217258 40 FUSCO,PAUL J Instructor Service Outdoor Center 217580 40 HOLLINGSWORTH,KAREN Refunds Environmental Education 217371 38 BATTERIES PLUS Operating Supplies Park Maintenance 1000576 38 JANEX INC Cleaning Supplies City Hall-CAM 217547 38 ANNE KORNMANN Refunds Environmental Education 217425 36 JEANNE DODGE Program Fee Day Care 217550 34 BARBARA LINDELL Refunds Environmental Education 1000497 33 SHRED-IT USA INC Other Contracted Services Community Center Admin 4439 33 VANCO SERVICES Bank and Service Charges Sewer Utility-General 217260 32 GERTENS Conference Expense Park Maintenance 217407 32 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Park Maintenance 217617 31 OPHOVEN SAW SERVICE Equipment Repair&Maint Senior Center Admin 217357 30 WISCONSIN RURAL WATER ASSOCIAT Employment Advertising Organizational Services 217497 30 SNEEN,NICOLE D Other Contracted Services Broomball 217688 30 BOB BUSSEY Other Contracted Services Communications 1000539 30 MINNESOTA ATHLETIC APPAREL Clothing&Uniforms Fire 217732 29 KRAEMERS HARDWARE INC Supplies-General Bldg Park Shelters 217706 28 EXECUTIVE OCEAN Employee Award Internal Events 217560 28 COMCAST Operating Supplies Fire 217683 27 BATTERIES PLUS Supplies-General Bldg Facilities Staff 217288 27 KRAEMERS HARDWARE INC Supplies-General Bldg Ice Arena Maintenance 217528 26 XCEL ENERGY Electric Flying Cloud Off Leash Park 217753 26 NORTH SECOND STREET STEEL SUPP Equipment Parts Fleet Operating 217633 26 RICHFIELD,CITY OF Licenses&Taxes Fleet Operating 217680 24 ANDREWS,TERRY S Other Contracted Services Softball 217699 24 DESAULNIERS,DAN Other Contracted Services Softball 217704 24 ELIASON,STEVE J Other Contracted Services Softball 217708 24 FALCK,TIMOTHY R Other Contracted Services Softball 217713 24 HAUGEN,NATE Other Contracted Services Softball 217714 24 HEALY,STEPHEN Other Contracted Services Softball 217784 24 STINSON,STEVEN J Other Contracted Services Softball 217800 24 WASTL,GREG Other Contracted Services Softball 217583 24 J H LARSON COMPANY Supplies-Electrical Den Bldg.-CAM 217465 23 MINNESOTA DEPT OF HEALTH Licenses&Taxes Water System Maintenance 217548 22 AT&T MOBILITY Pager&Cell Phone Park Maintenance 217462 22 MIDWEST FENCE&MFG COMPANY Operating Supplies Park Maintenance 1000513 21 BOUND TREE MEDICAL LLC EMS Supplies Fire 217388 20 DECLERCQ,NICOLE Deposits Community Center Admin 217399 20 GOEDJEN,TIFFANY Deposits Community Center Admin 217405 20 HANSON,KATHERINE A Deposits Community Center Admin 217426 20 JEANNE SYMONIAK Deposits Community Center Admin 217436 20 KATIE BLAKE Deposits Community Center Admin 217437 20 KATIE YOUNGBLUT Deposits Community Center Admin 217493 20 RYAN DARNELL Deposits Community Center Admin 217494 20 SANDVICK,DIANNE Deposits Community Center Admin 217519 20 VIDMAR,ED Deposits Community Center Admin 1000468 19 BOUND TREE MEDICAL LLC EMS Supplies Fire 217368 18 ASPEN MILLS Clothing&Uniforms Police 217517 18 USA LAMP&BALLAST RECYCLING I Equipment Repair&Maint Water Treatment Plant 217430 18 JOHN DEERE LANDSCAPES/LESCO Repair&Maint.Supplies Park Maintenance 1000579 18 MATHESON TRI-GAS INC Repair&Maint.Supplies Water System Maintenance 217439 15 KOCH,KAREN Deposits Community Center Admin Check# Amount Vendor/Explanation Account Description Business Unit Explanation 217453 15 Mariotti,Donald Deposits Community Center Admin 217455 15 MARY SALYARDS Deposits Community Center Admin 217489 15 REID,GWENDA Deposits Community Center Admin 217559 15 CLARK,JERRY Operating Supplies Senior Center Programs 1000602 12 FASTENAL COMPANY Equipment Parts Fleet Operating 1000500 12 UPS Postage Water System Maintenance 1000615 12 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Operating 217510 12 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 1000520 11 FASTENAL COMPANY Equipment Parts Fleet Operating 217686 10 BLACK&DECKER,U S INC Small Tools Sewer System Maintenance 217609 9 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Creek Woods 1000461 8 A TO Z RENTAL CENTER Equipment Repair&Maint Park Maintenance 3,667,147 Grand Total City of Eden Prairie Purchasing Card Payment Report March 2012 Purchasing Card Amount Explanation Vendor Account Description Business Unit 42 US-Supplies STORMS WELDING&MFG INC. Operating Supplies Street Maintenance 62 US-Tom A's Paint Room MENARDS Building Repair&Maint. Park Maintenance 18 US-Life Guard Stands MENARDS Repair&Maint.Supplies Park Maintenance 483 US-Liquor Store Pens 4IMPRINT Advertising Prairie Village Liquor Store 483 US-Liquor Store Pens 4IMPRINT Advertising Den Road Liquor Store 483 US-Liquor Store Pens 4IMPRINT Advertising Prairie View Liquor Store 150 US-3LMA Conference PAYPAL INC Conference Expense Communications 90 US-iPad Chargers BEST BUY Equipment Parts Fleet Operating 12 US-State of City present CUB FOODS EDEN PRAIRIE Special Event Fees Senior Center Programs 3 US-State of City CUB FOODS EDEN PRAIRIE Special Event Fees Senior Center Programs 49 US-Valentines CUB FOODS EDEN PRAIRIE Special Event Fees Senior Center Programs 67 US-Valentines PARTY CITY Operating Supplies Senior Board 50 US-Workshop Fee ST PAUL PUBLIC SCHOOL Dues&Subscriptions Senior Center Admin 11 US-Coffee RAINBOW FOODS INC. Special Event Fees Senior Center Programs 57 US-Woodshop Supplies MENARDS Equipment Repair&Maint Senior Center Admin 361 US-Tickets GUTHRIE THEATER Special Event Fees Trips 60 US-Tickets GUTHRIE THEATER Special Event Fees Trips 226 US-Life Guard Stands MENARDS Repair&Maint.Supplies Park Maintenance 21 US-Freeze Kit MENARDS Equipment Parts Water System Maintenance 175 US-Conference J Campbell MN RURAL WATER ASSOCIATION Conference Expense Utility Operations-General 21 US-Picnic Tables MENARDS Operating Supplies Park Maintenance 49 US-Tree Trimming HOME DEPOT CREDIT SERVICES Small Tools Park Maintenance 128 US-CPR Training DAVANNI'S PIZZA Training Supplies Utility Operations-General 113 US-CPR Training DAVANNI'S PIZZA Training Supplies Utility Operations-General 150 US-Job Posting FORUM INTERACTIVE Legal Notices Publishing Utility Operations-General 305 US-Job Posting ARGUS LEADER Legal Notices Publishing Utility Operations-General 154 US-CPR Lunch CRUMB GOURMET DELI Training Supplies Utility Operations-General 32 US-Lock box for Loader 118 HOME DEPOT CREDIT SERVICES Operating Supplies Street Maintenance 175 US-Annual Certification Trng UNIVERSITY OF MINNESOTA Conference Expense Tree Removal 25 US-Baggage Fee DELTA AIR Operating Supplies Fire 29 US-Ticket Fee DELTA AIR Operating Supplies Fire 29 US-Ticket Fee DELTA AIR Operating Supplies Fire 25 US-Baggage Fee DELTA AIR Operating Supplies Fire 498 US-Conference WYNDHAM HOTEL Travel Expense Fire -75 US-Conference IWOMEN Travel Expense Fire 40 US-Recertification MINNESOTA FIRE SERVICE CERTIFI Dues&Subscriptions Fire 680 US-Recertification MINNESOTA FIRE SERVICE CERTIFI Dues&Subscriptions Fire 200 US-New World Conf R Hammerschm SOUTHWEST AIRLINES Travel Expense Fire 40 US-B-Day Party Supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Birthday Parties 12 US-Games Training Book KIDOLOGY LLC Operating Supplies Birthday Parties 10 US-Games Training Book KIDOLOGY LLC Operating Supplies Fit Kids Club 450 US-Supplies for Events SPORTSMANS GUIDE Capital Under$10,000 FF&E-Furn,Fixtures&Equip. 159 US-Mtg Rm Easels DISPLAYS2GO Operating Supplies Conference Rooms 50 US-Seminar UNIVERSITY OF MINNESOTA Conference Expense Park Maintenance 50 US-Seminar UNIVERSITY OF MINNESOTA Conference Expense Park Maintenance 12 US-Fuel COLONY PLAZA Operating Supplies Park Maintenance -25 US-Training INTERNATIONAL ASSOCIATION OF A Dues&Subscriptions Fire Amount Explanation Vendor Account Description Business Unit 10 US-Lunch FOOD WORKS Operating Supplies Fire 200 US-Annual Subscription SURVEYMONKEY.COM Operating Supplies Fire 325 US-Dues AMERICAN PLANNING ASSOCIATION Dues&Subscriptions Planning 15 US-Unauthorized Charge FREECREDITSCORE.COM Deposits Escrow -67 US-Credit for poor service GUIDANCE SOFTWARE Miscellaneous IT Operating 40 US-Membership Dues HTCIA Tuition Reimbursement/School Police 40 US-Membership Dues HTCIA Tuition Reimbursement/School Police 79 US-Irrigation Tools SEARS EDEN PRAIRIE Small Tools Park Maintenance 12 US-Table Saw-Woodshop SEARS EDEN PRAIRIE Small Tools Park Maintenance 15 US-Pesticide Applicator DEPARTMENT OF AGRICULTURE Small Tools Park Maintenance 3 US-Irrigation Tools MENARDS Repair&Maint.Supplies Park Maintenance 42 US-Irrigation Tools MENARDS Repair&Maint.Supplies Park Maintenance 18 US-Team building JJ'S COFFEE COMPANY&WINE BAR Operating Supplies Utility Operations-General 133 US-Workbook PAYPAL INC Training Supplies Utility Operations-General -1,595 US-Fraud US BANK Operating Supplies Park Maintenance 1,572 US-Fraud US BANK Operating Supplies Park Maintenance 9 US-LRT Meeting MAINSTREET BAR AND GRILL Miscellaneous Community Development Admin. 249 US-Computer Maint#200 BROTHER MOBILE SOLUTIONS INC Equipment Parts Fleet Operating 9 US-Signs/Blade Sharpening MENARDS Equipment Repair&Maint Park Maintenance 1,021 US-First Aid supplies ZEE MEDICAL SERVICE Office Supplies Community Center Admin 50 US-Wellness Program TARGET Employee Award Organizational Services 995 US-Membership Dues TRUSIGHT Dues&Subscriptions Human Resources 40 US-Training 123 SIGNUP.COM Conference Expense Human Resources 153 US-Refrigerator WALMART COMMUNITY Small Tools Fire 28 US-Coffee WALMART COMMUNITY Operating Supplies Fire 35 US-Membership Dues PAYPAL INC Dues&Subscriptions Fire 26 US-Office Supplies OFFICE DEPOT CREDIT PLAN Operating Supplies Fire 15 US-GFOA Meeting GOVERNMENT FINANCE OFFICERS AS Conference Expense Finance 1,080 US-Jan2012 Bldg Surchgs DEPT OF LABOR&INDUSTRY Building Surcharge General Fund 2,009 US-Jan2012 Bldg Surchgs DEPT OF LABOR&INDUSTRY Mechanical Surcharge General Fund 685 US-Jan2012 Bldg Surchgs DEPT OF LABOR&INDUSTRY Plumbing Surcharge General Fund -75 US-Jan2012 Bldg Surchgs DEPT OF LABOR&INDUSTRY Other Revenue General Fund 40 US-UB Online Processing PAYPAL INC Bank and Service Charges Utility Operations-General 40 US-UB Recurring credit cards PAYPAL INC Bank and Service Charges Utility Operations-General 5 US-Credit Cards PAYPAL INC Bank and Service Charges Utility Operations-General 20 US-ePermit Web Security PAYPAL INC Equipment Repair&Maint IT Operating 25 US-Café Food RAINBOW FOODS INC. Merchandise for Resale Concessions 101 US-Café Food WALMART COMMUNITY Merchandise for Resale Concessions 26 US-Café Food CRUMB GOURMET DELI Merchandise for Resale Concessions 22 US-Café Food KOWALSKI'S MARKET Merchandise for Resale Concessions 33 US-Café Food FRESH SEASONS MARKET Merchandise for Resale Concessions 205 US-Café Food WALMART COMMUNITY Merchandise for Resale Concessions 200 US-Café Food WALMART COMMUNITY Merchandise for Resale Concessions 29 US-Café Food FRESH SEASONS MARKET Merchandise for Resale Concessions 166 US-Café Food WALMART COMMUNITY Merchandise for Resale Concessions 26 US-Café Food CRUMB GOURMET DELI Merchandise for Resale Concessions 60 US-Café Food WALMART COMMUNITY Merchandise for Resale Concessions 697 US-Café Supplies US FOODSERVICE Operating Supplies Concessions 26 US-Café Food FRESH SEASONS MARKET Merchandise for Resale Concessions 195 US-Café Food WALMART COMMUNITY Merchandise for Resale Concessions 420 US-Café Food SCHWAN'S HOME SERVICE Merchandise for Resale Concessions Amount Explanation Vendor Account Description Business Unit 25 US-Café Food KOWALSKI'S MARKET Merchandise for Resale Concessions 9 US-Ice Show FEDEX Operating Supplies Ice Rink#1 26 US-Café Food CRUMB GOURMET DELI Merchandise for Resale Concessions 33 US-Café Food FRESH SEASONS MARKET Merchandise for Resale Concessions 311 US-Pro Shop SPORTS WORLD USA INC Merchandise for Resale Concessions 45 US-Café Food WALMART COMMUNITY Merchandise for Resale Concessions 57 US-Café Food RAINBOW FOODS INC. Merchandise for Resale Concessions 285 US-Café Food WALMART COMMUNITY Merchandise for Resale Concessions 328 US-Skate Lesson Badges ICE SKATING INSTITUTE Operating Supplies Ice Rink#1 29 US-Café Food FRESH SEASONS MARKET Merchandise for Resale Concessions 6 US-Ice Show Supplies FEDEX Operating Supplies Ice Rink#1 26 US-Café Food CRUMB GOURMET DELI Merchandise for Resale Concessions 53 US-Shop supplies MENARDS Repair&Maint.Supplies Water System Maintenance 75 US-Conference DL FINANCE AND COMMERCE Conference Expense Economic Development 75 US-Conference NL FINANCE AND COMMERCE Conference Expense City Council 75 US-Conference Rick FINANCE AND COMMERCE Conference Expense Administration 150 US-3LMA Conference PAYPAL INC Conference Expense Communications 100 US-3LMA Conference PAYPAL INC Conference Expense Communications 186 US-iPad supplies NATIONAL PRODUCTS INC Small Tools Fire 67 US-Sunshine Fund D Schulze BACHMANS CREDIT DEPT Deposits Escrow 67 US-Sunshine Fund D Claeys BACHMANS CREDIT DEPT Deposits Escrow 2,503 US-Service Awards HALLMARK INSIGHTS Employee Award Internal Events 176 US-Workshop Food RUBY TUESDAY Miscellaneous City Council 150 US-Workshop Food CRUMB GOURMET DELI Miscellaneous City Council 60 US-Sunshine fund R Ellis BACHMANS CREDIT DEPT Deposits Escrow 10 US-Training Refreshments V1NNY'S ITALIAN GRILL Training Supplies Police 16 US-Carwash 610 CAR WASH Equipment Repair&Maint Police 33 US-Fuel 7-ELEVEN Motor Fuels Fleet Operating 43 US-Fuel RICHMOND HWY XTRA MART Motor Fuels Fleet Operating 46 US-Fuel 7-ELEVEN Motor Fuels Fleet Operating 40 US-Fuel GETTY Motor Fuels Fleet Operating 240 US-Vactor Jetting Lamp W W GRAINGER INC Equipment Parts Sewer System Maintenance 175 US-Conference R Ness MN RURAL WATER ASSOCIATION Conference Expense Utility Operations-General 527 US-Repairs for Water Main Local METROTECH CORPORATION Equipment Repair&Maint Water System Maintenance 532 US-Repairs for Water Main Local METROTECH CORPORATION Equipment Repair&Maint Water System Maintenance 907 US-Repairs for Water Main Local METROTECH CORPORATION Equipment Repair&Maint Water System Maintenance 34 US-Software Training CRUMB GOURMET DELI Miscellaneous Recreation Admin 4 US-Staff Meeting DOLLAR TREE STORES,INC. Operating Supplies Recreation Admin 12 US-Coffee for Meetings WALGREEN'S#5080 Miscellaneous Recreation Admin 150 US-Memory Cards for Cameras BEST BUY Operating Supplies Recreation Admin 71 US-Shop supplies MENARDS Repair&Maint.Supplies Sewer System Maintenance 15 US-Spray License MINNESOTA DEPARTMENT OF AGRICU Licenses,Permits,Taxes Street Maintenance 61 US-Snow Plow Damage HOME DEPOT CREDIT SERVICES Equipment Parts Snow&Ice Control 40 US-Snow Plow Damage HOME DEPOT CREDIT SERVICES Equipment Parts Snow&Ice Control 6 US-Parking MPLSPARKING.COM Mileage&Parking City Clerk 30 US-I/I HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Sewer System Maintenance 175 US-MRWA Conference MN RURAL WATER ASSOCIATION Conference Expense Engineering 387 US-Bags 1BAGATATIME.COM Operating Supplies Recycle Rebate 9 US-Book Dividers MENARDS Office Supplies Park Maintenance 18 US-Book Dividers MENARDS Office Supplies Park Maintenance 15 US-Book Binders OFFICEMAX CREDIT PLAN Office Supplies Park Maintenance Amount Explanation Vendor Account Description Business Unit 14 US-EPPD Reserves CALENDAR WIZ Operating Supplies Reserves 32 US-Training Supplies TARGET Training Supplies Fire 101 US-Training Supplies BEST BUY Training Supplies Fire 160 US-HVAC Supplies M&M CONTROL SERVICE INC Repair&Maint.Supplies City Hall-CAM 142 US-CHR ADVANTAGE KITCHEN&BATH Repair&Maint.Supplies City Hall-CAM 12 US-Freight Charges ADVANTAGE KITCHEN&BATH Repair&Maint.Supplies City Hall-CAM 46 US-Cabinet Keys EASYKEYS.COM Repair&Maint.Supplies City Center Operations 15 US-City PL Supplies EEMAX INC Repair&Maint.Supplies City Hall-CAM 60 US-Brush MENARDS Small Tools Sewer System Maintenance 20 US-Trim Roller MENARDS Small Tools Sewer System Maintenance 38 US-Brake NAPA AUTO PARTS Lubricants&Additives Sewer System Maintenance 51 US-D Earth NAPA AUTO PARTS Lubricants&Additives Sewer System Maintenance 175 US-Conference D Schulze MN RURAL WATER ASSOCIATION Conference Expense Utility Operations-General 157 US-Website Renew-EP Players WEBS-BILLING Operating Supplies Theatre Initiative 39 US-Envelope for mailing OFFICEMAX CREDIT PLAN Operating Supplies Theatre Initiative 9 US-Clay for B-Day Parties MICHAELS-THE ARTS&CRAFTS S Operating Supplies Arts Center 33 US-Volunteer Software VOLGISTICS Other Contracted Services Recreation Admin 94 US-B-Day Party Supplies TRIARCO Operating Supplies Arts Center 18 US-Snacks for No-School Classes RAINBOW FOODS INC. Operating Supplies Arts Center 34 US-Toys DISCOUNT SCHOOL SUPPLY Operating Supplies Day Care 292 US-B-Day Party Supplies DISCOUNT SCHOOL SUPPLY Operating Supplies Birthday Parties 59 US-Workshop with MRPA MINNESOTA RECREATION&PARK AS Conference Expense Community Center Admin 33 US-Wash Bay Supplies HOME DEPOT CREDIT SERVICES Operating Supplies Street Maintenance 22 US-Supplies SEARS EDEN PRAIRIE Deposits Escrow -22 US-Refund SEARS EDEN PRAIRIE Deposits Escrow 13 US-Critter Food MILLS FLEET FARM Operating Supplies Outdoor Center 27 US-Critter Food PETCO Operating Supplies Outdoor Center 61 US-Gas-Birding Trip P J'S Program Trips Outdoor Center 50 US-Boat Trip HORICON MARSH BOAT TOURS Program Trips Outdoor Center 31 US-Critter Food PETCO Operating Supplies Outdoor Center 35 US-Critter Food PETCO Operating Supplies Outdoor Center 31 US-Event Signs HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 193 US-Riley Dock Materials STORMS WELDING&MFG INC. Repair&Maint.Supplies Park Maintenance 13 US-Cable Parts HOME DEPOT CREDIT SERVICES Equipment Repair&Maint Public Safety Communications 34 US-Shipping FEDEX Equipment Repair&Maint Public Safety Communications 34 US-Softball Meeting DAVANNI'S PIZZA Operating Supplies Softball 30 US-Meeting TARGET Miscellaneous Athletic Programs Admin 54 US-Meeting KOWALSKI'S MARKET Miscellaneous Athletic Programs Admin 32 US-Supplies OFFICEMAX CREDIT PLAN Operating Supplies Athletic Programs Admin 250 US-Training B Carlston N Eichman PROFESSIONAL LAW ENFORCEMENT T Tuition Reimbursement/School Police 240 US-Training ATOM Tuition Reimbursement/School Police 149 US-Training FRED PRYOR SEMINARS Tuition Reimbursement/School Police 195 US-Training ATOM Tuition Reimbursement/School Police 300 US-Training ATOM Tuition Reimbursement/School Police 125 US-Training N Eichman PROFESSIONAL LAW ENFORCEMENT T Tuition Reimbursement/School Police 495 US-Training STRATEGOS INTERNATIONAL Tuition Reimbursement/School Police 425 US-Training ATOM Tuition Reimbursement/School Police 324 US-Travel Expense FRONTIER EXPRESS Tuition Reimbursement/School Police 324 US-Travel Expense FRONTIER EXPRESS Tuition Reimbursement/School Police 122 US-Training CORNERSTONE ADVOCACY SERVICE Tuition Reimbursement/School Police 495 US-Training STRATEGOS INTERNATIONAL Tuition Reimbursement/School Police Amount Explanation Vendor Account Description Business Unit 150 US-Training ACT Tuition Reimbursement/School Police 25 US-Father/Daughter Dance TARGET Operating Supplies Special Events&Trips 30 US-Staff Meeting KOWALSKI'S MARKET Miscellaneous Recreation Admin 59 US-MRPA Registration MRPA Conference Expense Recreation Admin 41 US-Prairie Connections Supplies WALGREEN'S#5080 Operating Supplies Youth Programs Admin 17 US-Traing-Connect and Play DAVANNI'S PIZZA Operating Supplies CC-New Adaptive 196 US-Movie FANDANGO Special Event Fees Around Town 13 US-Young Athletes Program WALMART COMMUNITY Operating Supplies CC-New Adaptive 259 US-CEC Training NETA Training Supplies Fitness Classes 250 US-February Licensing SCW FITNESS Licenses,Permits,Taxes Fitness Classes 45 US-Staff CEC Training NETA Training Supplies Fitness Classes 59 US-Training MRPA Training Supplies Aquatics&Fitness Admin 39 US-Music For Classes SCW FITNESS Video&Photo Supplies Fitness Classes 36 US-CEC Training NETA Training Supplies Fitness Classes 23 US-Red Cross Training CRUMB GOURMET DELI Operating Supplies Aquatics&Fitness Admin 525 US-Group fitness Equipment POWER SYSTEMS Operating Supplies Fitness Classes 250 US-Monthly Licensing Fees SCW FITNESS Licenses,Permits,Taxes Fitness Classes 5 US-Projector Remote Batteries AMAZON.COM Computers IT Operating 31,996 Report Total CITY COUNCIL AGENDA DATE: SECTION: Ordinances and Resolutions April 17, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XI.A. Office of the City Manager Resolution Terminating Lease and Requesting Conveyance of Property Requested Action Move to: Adopt Resolution terminating the Lease between the City and the Housing and Redevelopment Authority in and for the City of Eden Prairie (HRA) and requesting that the HRA convey to the City all of the HRA right, title and interest in the property subject to the HRA Lease. Synopsis In 1992 the HRA acquired the City Center property. Lease Revenue Bonds (Series 92B and 93 A)were issued in 1992 and 1993 for the acquisition and improvement of the governmental portion of City Center and to complete the rehabilitation. The governmental portion includes the area occupied by the School District. Lease Revenue Bonds (92C)were issued for the acquisition and improvement of the non-governmental portion of City Center, the CH Robinson area. In 2002 the HRA refunded all of the 92A and 92B bonds as 2002A. In 2009 these bonds were again reissued as 2009 A bonds. The second sheet of sheet of ice at the community center was part of the reissued bonds in 2009. As part of each bond issue, starting in 1992, the HRA and the City entered into Lease Purchase Agreements (HRA Lease)whereby the City leased the property from the HRA. The Lease payments made by the City to the HRA provided funds sufficient for the HRA to make the bond payments as they became due. The 2009 Bonds all matured in February, 2012. Section 5.3 the HRA Lease sets out four events that cause termination of the Lease. Section 5.3 (d)provides for termination of the Lease upon"the payment by City of the Purchase Price, together with any fees and expenses due Authority hereunder or under the Resolution." The City made the final payment under the HRA lease in mid February, 2012. Final payment under the HRA Lease constitutes full payment of the Purchase Price for the property. Now that the Purchase Price has been fully paid the HRA should authorize and deliver a Quit Claim Deed to the City for the property subject to the HRA Lease. This Resolution is the City's formal request for the conveyance and the City's termination of the HRA Lease. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2012- A RESOLUTION TERMINATING THE LEASE BETWEEN THE CITY OF EDEN PRAIRIE (CITY)AND THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE (AUTHORITY) RECITALS WHEREAS, in order to finance and refinance the acquisition, construction and rehabilitation of a community center facility (the Community Center Project) and a city hall facility (the City Hall Project), the City requested the Authority issue various bonds; and WHEREAS, the City Hall Project included space for governmental activities (the Governmental Space) and space for nongovernmental activities (the Private Space); and WHEREAS, the Authority issued its Lease Revenue Bonds (Community Center Project), Series 1992A (the Series 1992A Bonds) to finance the Community Center Project; and WHEREAS, the Authority issued its Lease Revenue Bonds (City Hall Project), Series 1992B (the Series 1992B Bonds) to finance the Community Center Project and the Governmental Space of the City Hall Project; and WHEREAS, the Authority issued its Taxable Lease Revenue Bonds (City Hall Project), Series 1992C to finance the Private Space of the City Hall Project; and WHEREAS, the Authority issued its Lease Revenue Bonds (City Hall Project), Series 1993A (the Series 1993A Bonds) to finance the Governmental Space of the City Hall Project; and WHEREAS, the Authority issued its Lease Revenue Refunding Bonds (City Hall and Community Center Projects), Series 2002A (the Series 2002A Bonds) to refinance the Community Center Project and the Governmental Space of the City Hall Project by refunding the Series 1992A Bonds and the Series 1992B Bonds; and WHEREAS, the Authority issued its Lease Revenue Refunding Bonds (City Hall and Community Center Projects), Series 2009A (the Series 2002A Bonds) to refinance the Community Center Project and the Governmental Space of the City Hall Project by refunding the Series 2002A Bonds having stated maturities in the years 2010 through 2012; and WHEREAS, the City and the Authority entered into that certain Lease-Purchase Agreement, dated as of February 1, 2009 (Lease) for the City Hall Project and the Community Center Project as described therein; and WHEREAS, the City agreed to lease the City Hall Project and the Community Center Project from the Authority upon the terms and conditions set forth in the Lease; and WHEREAS, the Authority agreed to sell the City Hall Project and the Community Center Project to the City and the City agreed to purchase the City Hall Project and the Community Center Project from the Authority upon the terms and conditions set forth in the Lease; and WHEREAS, Section 5.3(d) of the Lease provides that the Lease will terminate upon the payment by the City of the Purchase Price; and WHEREAS, Section 5.4 of the Lease provides, among other things, that upon termination of the Lease pursuant to Section 5.3(d), the Authority shall convey to the City all of the Authority's right, title and interest in the City Hall Project and the Community Center Project by quit claim deed and bill of sale; and WHEREAS, the City has made all of the payments required under the terms of the Lease, and thereby paid the Purchase Price. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE HEREBY ORDAINS AS FOLLOWS: 1. All of the Recitals set forth above are incorporated herein. 2. The City hereby terminates the Lease with the Authority pursuant to Section 5.3(d) of the Lease. 3. The City requests that the Authority convey to the City all of the Authority's right, title and interest in the City Hall Project and the Community Center Project by quit claim deed and bill of sale. The City acknowledges that it shall pay all expenses of preparation of the documents of conveyance and all taxes and charges payable in connection with the conveyance. The City shall take title subject to the liens and encumbrances identified in Section 5.4(a)-(d) of the Lease. ADOPTED by the City Council of the City of Eden Prairie this 17th day of April, 2012. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Ordinances and Resolutions April 17, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: Approve ITEM NO.: XI.B. Leslie Stovring First Reading of an Ordinance Adding Public Works/Environmental City Code Section 5.74 Requested Action Move to: Approve First Reading of an Ordinance Adding City Code Section 5.74 Relating to Regulating the Use of Coal Tar-Based Sealer Products. Synopsis In 2010 the Minnesota Pollution Control Agency(MPCA) established a grant program to provide local units of government up to 50% of the costs to treat or clean up contaminated stormwater pond sediments. However, for cities to qualify for the grant program, they must have an ordinance in place that restricts the use of coal-tar based sealers. Coal-tar based sealants can be used to seal pavement on driveways,parking lots and trails. Coal tar has been found to be toxic to the environment. Asphalt-based sealants are less toxic and are available as an alternative. This ordinance was based on the MPCA model ordinance. Background Information In May 2009 the Minnesota Legislature took action to restrict state agencies from purchasing coal tar sealers after July 1, 2010. Undiluted coal tar sealers are sealants that contain coal tar that has not been mixed with asphalt and is intended for use on asphalt surfaces, including driveways, trails and parking lots. Asphalt-based sealers are available that have far lower levels of toxic chemicals and would not be affected by this restriction. As part of this legislation, a grant program was established to provide local units of government financial assistance for cleaning up contaminated sediments. Coal tar is a byproduct of coal processing which contains high levels of toxic chemicals called polycyclic aromatic hydrocarbons (PAHs). Some PAHs are classed as probably or possible carcinogens. Coal tar is used in pavement sealers commonly called seal coat. Studies have shown that PAHs can be released when the seal coat flakes off and is flushed by stormwater runoff to nearby surface waters where they accumulate in sediments at potentially harmful levels. This is a concern for managing and disposing of stormwater related sediments. PAHs have been found in some of our stormwater ponds. Cleaning out and disposing of PAH contaminated sediments significantly increases the costs of managing our stormwater system. By enacting this ordinance the City would be able to apply for grants through the MPCA to help off-set these costs in the future. Attachments • Ordinance - City Code Section 5.74 • MPCA Fact Sheet CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. - 2012 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,AMENDING CITY CODE CHAPTER 5 BY ADDING SECTION 5.74 RELATING TO REGULATING THE USE OF COAL TAR-BASED SEALER PRODUCTS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Chapter 5 is amended by adding Section 5.74 to read as follows: SECTION 5.74 COAL TAR-BASED SEALANT PRODUCTS Subd. 1. Purpose. The City of Eden Prairie finds that lakes, rivers, streams and other bodies of water are natural assets which enhance the environmental, recreational, cultural and economic resources and contribute to the general health and welfare of the community. The use of sealers on asphalt driveways is a common practice. Scientific studies on the use of driveway sealers have demonstrated a relationship between stormwater runoff and certain health and environmental concerns. The purpose of this ordinance is to regulate the use of coal-tar based sealer products within the City of Eden Prairie, in order to protect, restore, and preserve the quality of its waters. Subd. 2. Definitions. For the purpose of this section, certain terms and words are defined as follows: "Asphalt-Based Sealer". A petroleum-based sealer material that is commonly used on driveways, parking lots, and other surfaces and which does not contain coal tar. "Coal Tar". A byproduct of the process used to refine coal, the carbonization of coal for the steel industry or the gasification of coal to make coal gas. Coal tar contains high levels of polycyclic aromatic hydrocarbons (PAHs). "Coal Tar Based Sealer". A sealer material containing coal tar which is commonly used on driveways,parking lots and other surfaces. "MPCA". The Minnesota Pollution Control Agency. "PAHs". Polycyclic Aromatic Hydrocarbons. A group of organic chemicals formed during the incomplete burning of coal, oil, gas, or other organic substances. Present in coal tar and believed harmful to humans, fish, and other aquatic life. Subd. 3. Prohibitions. 1. No person shall apply any coal tar-based sealer to any driveway, parking lot, or other surface within the City of Eden Prairie. 2. No person shall contract with any commercial sealer product applicator, residential or commercial developer, or any other person for the application of any coal tar-based sealer to any driveway,parking lot, or other surface within the City. 3. No commercial sealer product applicator, residential or commercial developer, or other person shall direct any employee, independent contractor, volunteer, or other person to apply any coal tar-based sealer to any driveway,parking lot, or other surface within the City. Subd. 4. Exclusions. Upon the express written approval from both the City and the MPCA, a person conducting bona fide research on the effects of coal tar-based sealer products or PAHs on the environment shall be exempt from the prohibitions of this Section 5.73. Subd. 5. Asphalt-Based Sealcoat Products. The provisions of this ordinance shall only apply to use of coal tar-based sealer in the City and shall not affect the use of asphalt-based sealer products within the City. Subd. 7. Severability. If any provision of this ordinance is found to be invalid for any reason by a court of competent jurisdiction, the validity of the remaining provisions shall not be affected." Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 2.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 17th day of April, 2012, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 20 City Clerk Mayor Published in the Eden Prairie News on the day of , 2012. Coal Tar-based Sealcoat • Environmental concerns Minnesota Pollution wq-strm4-12 • September 2009 Control Agency f you decide to sealcoat your asphalt water coming off parking lots coated with driveway this year,there are a few asphalt-and coal-tar sealcoat(Figure 2). things you should know. Sealcoating Figure 1: Relative amounts of PAHs in makes old asphalt look new and protects its sealcoat products surface,but there are serious environmental concerns with its use. Sealcoat comes in two basic varieties: coal • tar-based and asphalt-based. The coal tar 4 variety is more resilient,but it contains Seatimicoat much higher levels of a class of chemicalsIC oat called PAHs(polycyclic aromatic A " rt hydrocarbons)that harm fish, and with prolonged exposure,pose a risk of cancer X . in humans(see Figure 1). An Austin, Texas, study determined that Environmental problems sealcoat products based on coal tar contained up to 1,000 times more PAHs than Coal tar is a waste material generated in the asphalt-based products. Consider asphalt- conversion of coal to coke. Manufacturers based sealcoat if you choose to coat your choose coal tar for sealcoat because of its driveway. resistance to petroleum products like gasoline and oil,which drip from cars and Figure 2: Concentrations of PAHs in runoff deteriorate asphalt surfaces. In time, sunlight and vehicle traffic wears down sealcoat and sealcoat flakes are washed away by rain or carried away by wind, i ik • contaminating stormwater ponds, streams ' B7 CZI and lakes with PAHs. PAHs cause tumors in some fish, disrupts the reproduction of aquatic organisms, and �r causes some water-bottom species to avoid -- °"•""° sediment altogether. Health risks to 'id''`" humans related to PAHs are based on the length of exposure to vapors or sediments Asphalt-based sealcoat runoff(B) can contain 10 times more PAHs than an uncoated contaminated with PAHs. driveway (A) and runoff from a coal-tar sealcoated driveway (C) may have PAH Concentrations concentrations of PAH 65 times higher than an uncoated driveway. Coal tar contains as much as 30 percent PAHs by weight. A study in Austin, Texas, compared the level of PAHs in water coming off parking lots without sealcoat to Minnesota Pollution Control Agency • 520 Lafayette Rd. N., St. Paul, MN 55155-4194 • www.pca.state.mn.us 651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 • Available in alternative formats The study revealed that the asphalt-based sealcoat runoff improvement retailers,Lowe's and Home Depot,took contained 10 times more PAH than the uncoated parking coal tar-based sealcoat off their shelves. Check with your lot and the coal-tar sealcoat runoff had concentrations of local unit of government to see if there are any PAH that were 65 times higher than the uncoated lot. restrictions. Maintenance expenses Make the right choice Besides the health effects and the danger to the The best choice may be to not sealcoat your driveway at environment,PAHs are making routine maintenance of all. But if you do choose to sealcoat, study labels stormwater ponds by cities and townships many,many carefully to be sure to find an asphalt-based product. times more expensive because sediment with high- Lower concentrations of PAHs in waterways will enough concentrations of PAHs must be disposed of prevent costly maintenance for your city and keep differently. waterways safe for fish and other aquatic organisms. In Minnesota,when some cities removed sediment from If you have leftover material after sealing your their stormwater ponds as part of regular maintenance, driveway,you can re-use or recycle it at your they found elevated levels of PAHs. This discovery community's household hazardous waste facility. To required them to find special disposal areas, costing find your local facility, them many thousands of dollars more. visit: www.pca.state.mn.us/waste/hhw Current regulation References Because of the environmental problems associated with Van Metre, P.C., Mahler, B.J., Scoggins, M., and PAHs,the City of Austin,Texas,Dane County, Hamilton, P.A., 2006. Parking Lot Sealcoat: A Wisconsin, and Washington D.C.have banned use of Major Source of Polycyclic Aromatic Hydrocarbons coal tar-based sealcoat in their jurisdictions(asphalt- (PAHs) in Urban and Suburban Environments. A based sealcoat may still be used). USGS report prepared in cooperation with the City of Austin, Texas. Recent legislation passed in Minnesota bans the purchase of coal-tar sealcoat products by state agencies by July 1,2010. Recently,two national home- Coal-tar-based Driveway Sealcoat • wq-strm4-12 • September 2009 Minnesota Pallutlun Control Agency page 2 CITY COUNCIL AGENDA DATE: SECTION: Appointments April 17, 2012 DEPARTMENT ITEM DESCRIPTION: ITEM NO.: XIII.A. Office of City Manager Appointment to the Parks, Recreation &Natural Resources Commission Requested Action Move to: Appoint Leonard Pescheck to the Parks, Recreation&Natural Resources Commission to a term ending March 31, 2014. Synopsis During the Commission appointment process this year, the City Council decided to inactivate the Arts & Culture Commission and roll its responsibilities into the Parks, Recreation&Natural Resources Commission. At that time, Arts & Culture Commission Member Cynthia Paulson indicated she would be willing to serve on the Parks, Recreation&Natural Resources Commission. Paulson has since accepted a new job, is unable to continue as a commissioner and has formally resigned from the Parks, Recreation&Natural Resources Commission. Staff recommends appointing Leonard Pescheck to fill the vacancy. Pescheck was interviewed by the City Council in February and was considered an excellent candidate; however, at the time there were not enough spots to appoint him to a commission. CITY COUNCIL AGENDA DATE: SECTION: Report of the Parks and Recreation Director April 17, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.D.1. Jay Lotthammer, Director, Eden Prairie Lions Club Donation for the Parks and Recreation Outdoor Center Requested Action Move to: Accept donation in the amount of$247 from the Eden Prairie Lions Club for astronomy equipment at the Eden Prairie Outdoor Center. Synopsis The City of Eden Prairie recently received a check in the amount of$247 on behalf of the Eden Prairie Lions Club to be used for something special at the center. These funds were part of the Eden Prairie Lions Club proceeds from the raffle at the annual Wild Game Dinner in December 2011. The City of Eden Prairie would like to use these funds to purchase additional telescopes that could be utilized in conjunction with the astronomy and electronic equipment project at the Staring Lake Observatory. Background The Outdoor Center is a warm and inviting educational facility where people of all ages and abilities can come and interact with the natural world. The programs and trips offered by the Outdoor Center enable both children and adults to experience and learn about the world around them throughout the year. In October 2011, the Outdoor Center celebrated the one year anniversary of the Staring Lake Observatory. Over 300 participants stopped by during the open house and were delighted to get a look through the telescope. In December 2011, the City of Eden Prairie accepted a gift of$29,523 from the Stoebner Foundation through the Eden Prairie Community Foundation to purchase astronomy and electronic equipment from AVI Systems. Attachments Resolution Note and Copy of Check from the Eden Prairie Lions Club Thank You Letter to the Eden Prairie Lions Club CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2012- RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City in the amount of $247 from the Eden Prairie Lions Club to purchase astronomy equipment for the Outdoor Center is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 17th day of April, 2012. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk ,.,_� s� , UEDEN PRAIRIE LIONS P.O. BOX 44364 �1fr�fR � EDEN PRAIRIE, MINNESOTA 55344-1364 , ��P P�/i-7 r'z7 17.` ...,./3414.$2-9-- 141::.!i 1...a - V ----41. - „-eji,„ d; d_.....,_„.._. 0......4_4„-----J % _ � .z -�1 /2,ffeit, -JI r -, C '�e�- „.4.--.0" .4-41 - 47 476) j'i ''---1-9-1 C7 . "1 e 42--) . f),,- ezi. 7-1-4A /01,c12 --22 . . ;le-' . °1 , • 8993 i V ` 4. EDEN PRAIRIE LIONS CLUB to-te93 I', i 9 q P O Box 44364 f�' Eden Prairie;MN 55344 ' /2-/i y/-o/ ( Date i, �r� i Pay to the dari�c�aaF � e��C/ :Z `f7�loU �i 0 Order of r P 52`a a"`9 L d k-e ...Ce v, k 7L— .-1-` ./a d Dollars ".. 1 et ° FLAGSHIP/o' BANK ,} �y F ELpKE9THITP i 1 il ..",4' • (952)473-7959i =•.•'.,i'V'l'4, l'Z;eI•te•'-,1.q,1,'tf'.'i IVP 5' ',u �:091907882 . — J T m• 9L E rrer:maa— Parks and Recreation I March 19, 2012 E Fly; ')., ,.#r, II10 EDEN PRAIRIE LIVE•WORK•DREAM Mr. Mike Gust Eden Prairie Lions Club OFC 952 949 8300 FAX 952 949 8390 P.O. Box 44364 TDD 952 949 8399 Eden Prairie, MN 55344-1364 8080 Mitchell Rd Eden Prairie,MN 55344-4485 Dear Mike, edenprairie.org I am glad to hear that the members enjoyed Stan's presentation. Please pass along our thanks to the rest of the Eden Prairie Lions Club members for the generous gift to the Staring Lake Outdoor Center. I can assure you that it will be used to enhance the experiences and programs at the Outdoor Center. The City of Eden Prairie and the Parks and Recreation Department are fortunate to have an organization like the Eden Prairie Lions Club. Your organization contributes so much to the community and the park system. This donation will be recognized at our April 17th City Council meeting. I know that our City Council Members will greatly appreciate the contribution. We are looking forward to assisting the Lions with your upcoming events. Sincerely, Jay Lotthammer Parks &Recreation Director Cc: Stan Tekiela