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HomeMy WebLinkAboutCity Council - 05/01/2012 AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, MAY 1, 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 77 I. STRATEGIC PLAN FOR HOUSING & ECONOMIC DEVELOPMENT—PART III Open Podium - Council Chamber II. OPEN PODIUM III. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MAY 1, 2012 7:00 PM, CITY CENTER CiCIn 00 M[Rd 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 ALLEGIANCEiCOLOR GUARD III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS /PRESENTATIONS A. SENIOR AWARENESS PROCLAMATION B. TOUR DE TONKA V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,APRIL 17, 2012 B. CITY COUNCIL MEETING HELD TUESDAY,APRIL 17, 2012 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. APPROVE SECOND READING OF ORDINANCE ADDING CITY CODE SECTION 5.74tELATING TO REGU LATING USE OF COAL TAR- BASED SEALER PRODUCTS AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE FOR PUBLICATION B. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR CONSTRUCTION PHASE SERVICES FOR PRAIRIE CENTER DRIVE WATERMAIN IMPROVEMENTS C. APPROVE PROPOSAL FROM ALLIED WASTE FOR CITY CLEANUP CITY COUNCIL AGENDA May A Page 2 D. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BARR ENGINEERING FOR REPAIRS OF TWO STORMWATER TREATMENT AREAS SOUTH OF RIVERVIEW ROAD E. APPROVE PLAN AND SPECS FOR FLYING CLOUD DRIVE SANTITARY SEWER REPLACEMENT PROJECT F. AWARD 2012 BITUMINOUS CRACKSEALING PROJECT G. AWARD PRAIRIE CENTER DRIVE WATERMAIN PROJECT TO PARROTT H. ADOPT RESOLUTION GRANTING UNITED HEALTHCARE SERVICES INC. A VARIANCE FROM CITY CODE SECTION 12.50 SUBD.8. FOR CITY WEST CORPORATE ADDITION I. ADOPT RESOLUTION APPROVING CONSTRUCTION COOPERATIVE AGREEMENT WITH HENNEPIN COUNTY AND THE CITY OF MINNETONKA FOR THE NORTHERN SEGEMENT OF SHADY OAK ROAD IMPROVEMENTS J. PROCLAMATION RECOGNIZING CENTRAL MIDDLE SCHOOL PARAPROFESSIONALS K. ADOPT RESOLUTION AUTHORING ACI�ISITION OF EASEMENTS FOR FLYING CLOUD DRIVE SANITARY SEWER REPLACEMENT PROJECT IX PUBLIC HEARINGS/MEETINGS A. EDENDALE PARKING ERANSION & SITE IMPROVEMENT by Edendale Residence Iic.Regest fo r:Planned hit Development Concept Amendment on acres, Planned bit Dist rict Review with waivers on 3 acres, Xning District Amendment with in the RM-%hing District on 3 acres and Site Plan Review on %cres. Location:wlain St. Ph 1PUD CjR0v B. THE MEADOWS AT RILEY CREEK 2012 by Marsh Cove, LLC. Regest for:Xning District Change from Rura 1 to Ramon(hcres and Preliminary Plat of(f cres into lots and loutlot.Location:*;ky Lane. Pk (PIRk X PAYMENT OF CLAIMS K ORDINANCES AND RESOLUTIONS H. PETITIONS, RELIES TS AND COMMUNICATIONS CITY COUNCIL AGENDA May A Page 3 III. APPOINTMENTS KV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR 1. UthTiRlia F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY X. OTHER BUSINESS XI. ADJOURNMENT REVISED ANNOTATED AGENDA DATE: April 27, 2012 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, May 1, 2012 TUESDAY, MAY 1, 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. SENIOR AWARENESS PROCLAMATION Senior Center members will be on hand to accept the proclamation. B. TOUR DE TONKA Tim Litfin with Minnetonka Continuing Education will give an overview of the upcoming Tour de Tonka. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda. VI. MINUTES MOTION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY,APRIL 17, 2012 B. CITY COUNCIL MEETING HELD TUESDAY,APRIL 17, 2012 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS ANNOTATED AGENDA May 1,2012 Page 2 VIII. CONSENT CALENDAR MOTION: Move approval of items A-K on the Consent Calendar. A. APPROVE SECOND READING OF ORDINANCE ADDING CITY CODE SECTION 5.74 RELATING TO REGULATING USE OF COAL TAR-BASED SEALER PRODUCTS AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE FOR PUBLICATION B. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR CONSTRUCTION PHASE SERVICES FOR PRAIRIE CENTER DRIVE WATERMAIN IMPROVEMENTS C. APPROVE PROPOSAL FROM ALLIED WASTE FOR CITY CLEANUP D. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BARR ENGINEERING FOR REPAIRS OF TWO STORMWATER TREATMENT AREAS SOUTH OF RIVERVIEW ROAD E. APPROVE PLAN AND SPECS FOR FLYING CLOUD DRIVE SANTITARY SEWER REPLACEMENT PROJECT F. AWARD 2012 BITUMINOUS CRACKSEALING PROJECT G. AWARD PRAIRIE CENTER DRIVE WATERMAIN PROJECT TO PARROTT H. ADOPT RESOLUTION GRANTING UNITED HEALTHCARE SERVICES INC. A VARIANCE FROM CITY CODE SECTION 12.50 SUBDAB. FOR CITY WEST CORPORATE ADDITION I. ADOPT RESOLUTION APPROVING CONSTRUCTION COOPERATIVE AGREEMENT WITH HENNEPIN COUNTY AND THE CITY OF MINNETONKA FOR THE NORTHERN SEGEMENT OF SHADY OAK ROAD IMPROVEMENTS J. PROCLAMATION RECOGNIZING CENTRAL MIDDLE SCHOOL PARAPROFESSIONALS K. ADOPT RESOLUTION AUTHORIZING ACQUISITION OF EASEMENTS FOR FLYING CLOUD DRIVE SANITARY SEWER REPLACEMENT PROJECT ANNOTATED AGENDA May 1,2012 Page 3 IX. PUBLIC HEARINGS/MEETINGS A. EDENDALE PARKING EXPANSION & SITE IMPROVEMENT by Edendale Residence Inc. Request for: Planned Unit Development Concept Amendment on 3.25 acres, Planned Unit District Review with waivers on 3.25 acres, Zoning District Amendment within the RM-2.5 Zoning District on 3.25 acres and Site Plan Review on 3.25 acres. Location: 16700 Main St. (Resolution for PUD Concept Review) Official notice of this public hearing was published in the April 19, 2012, Eden Prairie News and sent to 48 property owners. Synopsis: Edendale has 61 units. There are 40 existing parking spaces. Edendale wants to add 22 parking spaces and a 2 car garage. These are permitted uses in the RM-2.5 Zoning District. The parking and the garage meet the required setbacks. The proposed screening plan to the single family homes to the north is a 6 foot high fence and tree replacement. The 120-Day Review Period Expires on July 12, 2012. The Planning Commission first reviewed this project at the March 26, 2012 meeting and continued discussion to allow the applicant to meet with the neighbors to the north about the proposed screening plan. At the April 9, 2012 meeting the Planning Commission voted 7-0 to recommend approval based on the following revisions. A. Revise the plans to include a 6 foot high fence. B. Revise the plan to show earth tone colors for the garage. C. Revise the plan to show shorter light poles. The revised plans show a 6 foot high fence, earth tone colors for the garage, and 15 foot high light poles. MOTION: Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 3.25 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review and Zoning District Amendment in the RM-2.5 Zoning District on 3.25 acres; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. B. THE MEADOWS AT RILEY CREEK 2012 by Marsh Cove, LLC. Request for: Zoning District Change from Rural to R1-13.5 on 5.03 acres and Preliminary Plat of 5.03 acres into 12 lots and 1 outlot. Location: 9845 Sky Lane. (Resolution for Preliminary Plat) Official notice of this public hearing was published in the April 19, 2012, Eden Prairie News and sent to 23 property owners. ANNOTATED AGENDA May 1,2012 Page 4 Synopsis: This is a 12 lot single family subdivision that conforms to the requirements of the R1-13.5 Zoning District. The 120-Day Review Period Expires on July 12, 2012. The Planning Commission voted 7-0 to recommend approval of the project at the April 9, 2012 meeting. Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance for Zoning District Change from Rural to R1-13.5 on 5.03 acres; and • Adopt the Resolution for Preliminary Plat on 5.03 acres into 12 lots; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR C. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR 1. Update on Traffic Related Issues F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. ITEM NO.: X PROCLAMATION City ofEden Prairie Hennepin County, Minnesota WHEREAS, the increasing number of senior citizens in Eden Prairie bring many opportunities and challenges for all components of our City— families, businesses, and government; and WHEREAS, every segment of our society is influenced by the needs, resources and expertise of our senior citizens; and awareness improves participation and action; and WHEREAS, our Eden Prairie seniors play a pivotal role in formal and informal education, sharing years of accumulated experience and wisdom which will impact our future; and WHEREAS, the community wishes to celebrate and acknowledge the contributions and accomplishments of the seniors in our community and recognize the organizations that serve older adults; and WHEREAS, Senior Awareness Month recognizes that seniors are an integral part of our community. NOW,THEREFORE, the Eden Prairie City Council does proclaim May 20I2 to be SENIOR AWARENESS MONTH ADOPTED BY the Eden Prairie City Council on this Isr day of May 20I2. Nancy Tyra Lukens, Mayor on behalf of Council Members: Brad Aho Sherry Butcher-Wickstrom Ron Case Kathy Nelson UNAPPROVED MINUTES ITEM NO.: X 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 77 I. AFFORDABLE HOUSING City Manager Rick Getschow said this workshop is the second in a series of three workshops focusing on the busing &conomic Development Strategic P1an.The topic of tonight§ workshop is affordable housi ng. Community Development Director Janet Jeremiah said City staff met with staff from Met Council last week to get answers to gestions the City Council raised about affordable housi ng goals set by Met Council. Met Council busing Policy Analyst Katie Ht is in attendance at tonight§ workshop to answer any additional qes tions that may arise. busing and Community Services Manager Mo lly Koivumaki presented a PowerPoint on the City§ affordable housi ng plan and an overview of eisting affordable housing. Koivumaki said the City of Eden Prairie has developed a busing Action Plan for (based on goals set by Met Council as part of the Livable Community Act. The action plan includes sixnapr goals. Goal ]Promote and encourage provision of lifecycle housing opportunities for all age groups, household sizes and income levels. Goal Tromote and support de velopment of new affordable housing units to meet the community§ share of the regional affordab le housing needs as well as the community§ affordable housing goals.The new affordable housing goal for Eden Prairie Ownership and rentalhs a range-#o Anits.Th e range is set using a formula based on growth forecasts, transit,pbs and housing stock. Goal sower development costs of lowin oderate income, elderly and special needs housing developments. Goal Work in partnership with privat e and public sectors and regional, state and federal agencies to help finance innovative housing and demonstration prokcts and housing development. QCUWP4k April Y@ Page 2 Goal Tromote and support reinvestment in older housing stock and neighborhoods that are approaching the life span for some utilities, egipment and structural elements. Goal Wromote and work to locate ne w housing with convenient access to basic services, including stores,restaurants, services, transit and parks. Koivumaki reviewed the status of affordable rental housing stock in Eden Prairie. Three apartment compleas consist entirely of afford able units: Briar HI I)knits)Prairie Meadows (nits)and Edenda le (snits)There are two affordable townhome compleas:Columbine Townhomes din its)and Purgatory Creek Townhomes units)Lincoln Pare Apartments and Bluffs at Nine Mile Creek Apartments have Ind $affordable units respectively.The Affordable busing Program, owned and managed by Metro 14A, oversees Ififfordable units sc attered throughout Eden Prairie. I is estimated that about(fiection Whche r blders rent units in Eden Prairie. Koivumaki said there are several land trust affordable homes that are owned by residents: five townhomes and two single family homes. Strategies for meeting housing goals include reinvestment in eisting units through homeownership improvement grants, housing improvement areas, and market rate affordable rental improvements using CDBG,_ isting TF funds. Staff will provide more information to council on the possibility of etending TF housing districts and establishment of Point of Sale hspections at upcoming workshops. Koivumaki said one important clarification staff recently received from Met Council regarding housing goals is that hew'does not necessarily mean new construction.t references additions to the affordable housing stock. Koivumaki said there is no formal penalty for not meeting the goals. Penalties could be imposed if the City does not make efforts to meet the goals. Council Member Nelson said she does not believe that regiring half of the housing stock to be affordable is reasonable. Case aske d if the formula takes into consideration the relative costs of developing land. Met Counc it bbsing Policy Analyst Katie Ht said that is not part of the formula. Nelson said the maprity of buildable land remaining in Eden Prairie is in the southwest corner. She noted that area lacks mass transit and neighborhood retail.Jeremiah said one gesti on Council may want to consider is whether or not to etend TF for affordable senior housing at the Colony, Sterling Ponds and Summit Place. Tyra-Lukens said it looks as if significant new affordable housing is planned for both the Golden Triangle and Mapr Center Area. She asked why the City would want to divert uses away from retail and industrial in those areas. Jeremiah said new residential units would be incorporated into mitd-use environments. She said the intent is not to reduce retail but to integrate it with housing. Open Podium - Council Chamber II. OPEN PODIUM QCUWP4k April Y@ Page 3 A. J1NIb- CIPWWWk Mallo said he was told by Senior Center staff that he cannot be paid to teach a woodshop class because he is a volunteer. Hsaid that seems like discrimination to him. b1spoke with Parks &ecreat ion Director Jay Lotthammer, who gave him a letter clarifying the matter. City Attorney Ric Rosow reminded the City Council that as a Plan B City, all personnel matters are the responsibility of the City Manager and it would not be appropriate for them to become involved in this situation. Parks &ecreation Director Jay Lotthammer noted that there is no actual pb posting at this time. III. ADJOURNMENT ITEM NO.: R. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,APRIL 13, 2012 7:00 PM, CITY CENTER CiCIn 00 M[Rd 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 4PM.All Council Members were present. II. COLOR GUARD/PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS /PRESENTATIONS A. ARBOR DAY PROCLAMATION Mayor Tyra-Lukens read a proclamation proclaiming May 5(ks Arbor Day in the City of Eden Prairie.She noted Eden Prairie has always been a strong promoter of forests and trees and was one of the first cities to implement a tree ordinance. B. WEBSITE LAUNCH Joyce Lorenz, Communications Director, said the website was last updated about seven years ago.Traffic on the website has steadily increased and currently has about ftisitors each month.The website is a Section kompliant site for persons with disabilities and is accessible to smart phones and tablets.She thanked City staff members who have worked tirelessly on the prokct over the past year. Tyra-Lukens introduced a video of the new website, edenprairie.org.After the video tour completed, she said the website looks really good and is a very content rich website.She noted we welcome feedback from the public on the new site. Case said he was really impressed by the new website.Hasked if there are plans to add additional photos and enhancements in some of the areas.Lorenz said now that the website has been launched, they will begin the process to add more photos. CITY COUNCIL MINUTES April Y@ Page 2 Aho complimented staff on the website.H said it looks great and has e&ellent navigation. Nelson said it seems to be a lot easier to find things although she, too, would like to see photos on every page. Butcher Wickstrom was impressed by all the information and how all of it is brought into focus. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Tyra-Lukens said she was contacted by the Transit for Livable Communities organization to egress their concern about bonding for the Southwest LRT.They are asking people to sign an online petition for the prokct at southwestlrtnow.com.She also encouraged people to sign up on the Mayors'Water Challenge webs ite and to check out ways to save money on water and energy costs.At this point Eden Prairie has the most signups for cities of our size in the Midwestern region. Case added IW.A.1. THu Getschow added ItKV.B.1. Uth L01iCk Cii'iii Getschow said Imo. is a public hearing to approve a City application to DEED for a Minnesota hvestment Fund grant to Alix RXn Eden Prairie.A notice of the public hearing was published but it was left off tonight agenda.The information was distributed tonight on goldenrod paper. There are also three revised resolutions for IdM., VIII.B., and VIII.J. MOTION: Butcher Wickstrom moved, seconded by Case, to approve the agenda as amended. MHE0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MARCH 20, 2012 MOTION: Case moved, seconded by Aho, to approve the minutes of the Council workshop held Tuesday, March 9(Ks published. MiffO. B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 20, 2012 MOTION: Aho moved, seconded by Butcher Wickstrom, to approve the minutes of the City Council meeting held Tuesday, March 9(Ks published. Mh if0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR Rosow said he has reviewed and approved the amended articles of incorporation for Itn VIII.O.but they were not Bite ready to be in cluded in the packet.hlrecommended the Council continue with the approval of the item tonight. CITY COUNCIL MINUTES April Y@ Page 3 Nelson asked what it meant to declare police canine as surplus property (lly'III.S.) Rosow said there is a procedure under City code by which we dispose of property we no longer need.This is the procedure we must follow to retire the dog.Hsald the dog will go to a good home. A. CLERKS LICENSE LIST B. NEW HORION ACADEMY by Rylaur, LLC on behalf of Blue Hls Solutions, LLC.Second Reading of the Oinance fo r Planned bit Development District Review with waivers on gicres and Aning District Amendment within the Neighborhood Commercial Ani ng District on licres ; Resolution for Site Plan Review on l cres.Location:Southeast corner of Dell Road &inwood Ct. OWo8012PUD52012 IPUD DIRM jpiA4ft Wo20125WIPIRov C. ADOPT RESOLUTION NO. 201260 APPROVING FINAL PLAT OF CITY WEST CORPORATE ADDITION D. ADOPT RESOLUTION NO. 201261 APPROVING FINAL PLAT OF NOTTING HILL E. APPROVE FINAL CHANGE ORDER FOR STRUCTURAL STRENGTHENING OF THE SALTSAND STORAGE FACILITY F. ADOPT RESOLUTION NO. 201262 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 RkNo 201263) K. APPROVE CONTRACT WITH MAGNEY CONSTRUCTION FOR WELL 8 PLUMBING L. APPROVE APPRAISED VALUES FOR SHADY OAK ROAD EASEMENT ACI�ISITIONS M. ADOPT RESOLUTION NO. 20126CNDORSING FUNDING APPLICATION FOR SHADY OAK ROAD IMPROVEMENTS CITY COUNCIL MINUTES April Y@ Page 4 N. AUTHORIE THE SALE OF EKESS PROPERTY SKATE PARK EQIPMENT) O. ADOPT RESOLUTION NO. 201265 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 GAEBO 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 ETENSION OF 2009 HOMELAND SECURITY GRANT U. ACCEPT 2011 HOMELAND SECURITY GRANT V. APPROVE CONTRACT WITH IMPACT FOR THE PRINTING AND MAILING OF UTILITY BILLS MOTION: Nelson moved, seconded by Butcher Wickstrom, to approve Iems A-V on the Consent Calendar. MfiFO. IX PUBLIC HEARINGS/MEETINGS A. MITCHELL ROAD IMPROVEMENTS CSAH 1PIONEER TRAIL TO CSAH SPRING ROAD)Rb Wo201266 iR01267) Getschow said official notice of this public hearing was published in the April 5 and IMEden Prairie News and sent to two property owners.The City Engineer has prepared a feasibility study for street, trail, and utility improvements on Mitchell Road from CSAI No.]Pioneer TrailXo about fleet north of CSAI No.4$pring Road)A portion of these improvements are an obligation of Grace Church as described in their Developer§ Agreement dated Oober 3O h addition, the Metropolitan Airport Co mmission MAC)will contribute their share of the improvements at the time of development of their adkcent property. Ellis said the road improvements are for a ffoot length of Mitchell Road, a section that is one of the worst roads in the City.Hsaid the planned improvements will include curb and gutter, trails, turn lanes and utilities.The improvements will cost approximately $Grace Church, MAC, L-hnepin County and the City will contribute to the improvement costs.The development agreement with Grace Church specified their portions of the costs.The feasibility study determined what benefit MAC would receive. CITY COUNCIL MINUTES April Y@ Page 5 Nelson asked if this is the first time utilities have gone in along this road.Ellis said there are currently utilities within the roadway and we will be making some improvements to those as well. Tyra-Lukens asked if L-hnepin County share of the costs had been negotiated when we agreed to take over the road.Ellis said he was not sure as this pre-dates his tenure with the City,but he assumed it was a jurisdictional change agreement. There were no comments from the audience. MOTION: Case moved, seconded by Aho, to close the public hearing;to adopt Resolution ftrdering Mitchell Road Street, Trail and Iillity hiprovements; and to adopt Resolution &pproving plan and specifications for C.4 VMitchell Road Street, Trail and fility hiprovements. Mi1F0. B. VACATION OF EASEMENT FOR PONDING, FLOWAGE AND DRAINAGE IN NW GARTER OF SW GARTER OF TOWNSHIP 116, SECTION 21, RANGE 22 RWo20l26$ Getschow said official notice of this public hearing was published in the March MEden Prairie News and sent to two property owners. This prokct relates to the Notting HI Addition.The property owner has regested the vacation of an easement that cuts through the development.New easements will be made as part of the prokct. Tyra-Lukens asked why this did not come up at the time of approval.Ellis said he was not sure if it was overlooked in the process but he did know there is no need for the City to maintain this easement.Th e developer will be creating new drainage easements with the development. There were no comments from the audience. MOTION: Aho moved, seconded by Nelson, to close the public hearing and to adopt Resolution No.Racating an easement for ponding, flowage and drainage purposes in the Northwest Wte r of the Southwest Wter of Section Township Wange 2L-hnepin County. Mi1F0. C. FLYING CLOUD LANDFILLPARCEL SUBDIVISION by Allied Waste.Regest for:&ing District Change from Rural to 12)n Icres , and Preliminary Plat of (cres into one lot and 2)utlots Location:SFlying Cloud Drive. RWo20126qPjRk Getschow said official notice of this public hearing was published in the April MEden Prairie News and sent to (property owners.Allied Waste is regesting a plat and rezoning to transf er ownership of the Flying Cloud Landfill, eluding Allied Wasted business operati ons, to the Minnesota Pollution Control Agency MPCA) CITY COUNCIL MINUTES April Y@ Page 6 Getschow said the lot proposed to be excluded for business operation is 2 cres. The rezoning is consistent with usage for industrial use.The remai nder of the site is landfill.The State is responsible for the reme diation of the landfill.This is the first of several actions related to landfill remediation to be considered over the nek several years.Tonight we will take a 1 ook at the entire issue.Members of the MPCA are here to provide an overview of their guidelines, their rules and the proposed plans for the landfill.This action is wholly within this landfill and does not involve any transfer of waste from other landfills. Tyra-Lukens clarified that this is jest th e plat that we are dealing with.Getschow said there will be public hearings and public meetings for future actions,but this item is jest the zoning dist rict change and the plat. Bill Griffith, representing Woodlake Sanitary Services, said his company is the owner of the entire property today.This action will transfer a portion to the MPCA. Since about 91he MPCA has been respons ible for the landfill.Hsaid the operations will continue much as they are today.The applications related to this transfer are a technical regirement in orde r to allow the State to take ownership of the landfill and fund the improvements. Tom Newman, representing the MPCA, gave a PowerPoint presentation entitled Managing Risk at the Flying Cloud Landf ill'Hsaid the MPCA acgired the property in is a program alternative to the Federal Superfunds.This program allows the State to take over long term care of the landfills.ii 9 binding agreement was signed between BFIa nd the MPCA whereby BFIretained ownership of the property and ownership of gas rights on the property. Newman said differential waste settlement has disrupted the gas collection and caused a certain amount of ponding on top of the landfill.Heplained that in the gas etraction process gas is sucked up vert ical pipes that connect to lateral pipes below the surface.Because of water ponding in the low areas, the lateral pipes begin to bow and bend which interrupts the gas flow.Hnoted the groundwater contamination is improving, but the gas issues need to be addressed.The surface drainage is inadegate due to the differential settlement. Case asked how they know the groundwater is improving.Newman said they take samples of the wells garter ly and track it over time. Newman pointed out areas where the groundwater plume is currently spreading towards the river.Aho asked if their area of concern is only as it pertains to someone drilling for a well.Newman said that was correct.Nelson asked about the green and blue areas of concem.Newman said the green is the plume where the actual contamination is, and the blue area is where drilling would tend to draw the plume towards it.Nelson noted the green area goes towards the residential area. Newman said it is at least(feet below the homes and everyone in the residential area is on the public water system.Hsaid the plume will jest go down to the river. CITY COUNCIL MINUTES April Y@ Page 7 Case asked if we have regulations about sand point wells.Rosow said those are regulated by the State.Ellis said we have ordinances that would regire some kind of approval,but the permit for a well would be issued by the State.Case asked if we should be proactive and look at our own ordinance on this.Ellis said staff is currently going through a well-head protection program with the DNR, and the Council will see ordinances that deal with well-head protection in the future.Case was concerned that someone is overseeing the process so that those residents are not drilling in that area. Newman said they have discussed dedicating Sublot A to the City,but they would like to retain ownership until construction is done.BFIowns the piece that goes down to the river and that is part of the land they will transfer to the State. Newman said there is a ffoot area of concern drawn around the landfill.No residence is less than ff eet from the landfill footprint.B Flhas a couple of buildings within fleet of the footprint, a nd that is why they want to pull some of the landfill away from their business operations.Case said he would prefer to move it over towards the business that has only day-time workers and away from the residential area.Newman said the northern part of the landfill has about(feet of waste while the southern part is about fleet deep.Thei r primary concern is health and safety, and they want to keep the BFIworkers from risk. Aho said he thought they were planning to dome the waste so the water would run off.Newman said they will slope it enough so the water runs of .Hsuggested the City might want to put in something like a well drilling ordinance and provide information on potential contamination to someone who comes in to apply for a permit.Nelson asked if that would apply to any type of permit.Newman said it would have to do more with putting in a well in the plume area.Nelson asked if their changing the direction of the runoff would send it towards the residential areas.Newman said it will run to the pond on the southeast corner.Nelson commented that means it is nekto the residential area and asked if the pond could run off into the neighborhoods in a kear rain event.Newman said it would not because most of the houses sit up on the hill and have a Ofoot drop to the landfill property. Ben Klismith, MPCA engineer, reviewed the plan they have for the remediation. Hsaid they will pull back the landfill cont ents from the south and west where it is not as deep.That way they can get more acres per dollar spent.They plan to consolidate the waste footprint from acres down to Icres.They will peel back the top soil one section at a time and consolidate the waste.Th ey will re-slope the landfill contents to Which is the mini mum they are comfortable with.They will install a new gas etraction system, install a new synthetic cover, and then seed the area. Case asked if this will be a one to one and a half year process.Klismith said it would be one and a half to three years.Ca se asked what kind of publicity they plan to give to the community.Klismith said th ere is a regirement in the law to have public outreach before a prokct begi ns and that can take many forms. CITY COUNCIL MINUTES April Y@ Page 8 Aho asked if there is anything that can be done to lessen the effects of the smell and odor.Klismith said they are planning to start in the fall which will help minimize the odor.tke it is open they plan to run at 1 the time.They will do the prokct in at least three phases but it will really depend on the weather. Butcher Wickstrom asked how the new cover was tested.Peter Tiffany, representing the MPCA, said they have put over Cb overs on State landfills, ranging from five acres sites to an acre s ite.They have used this kind of plastic Bite a bit.Modeling for the cover predicts it will protect for up to 9years.H said the current landfill cover is a layer of clay soil, as was commonly used in the @.The problem comes when the layer of clay cracks and allows water to permeate.Butcher Wickstrom said she recalled the discussions back then and it seemed to be very comforting at the time.That makes us wary now and more concerned about what happens in the future.She asked if the State will still be responsible in the future.Tiffany said they have the landfill until there is no risk associated with the site. Nelson asked why it cant jest be built up without tearing anything off and then re- drilling the gas wells.Klismith said in order to get the type of grades they need they would have to build it up with soil.Tiffa ny said it would cost$der cubic yard if they had to haul soil from offsite as opposed to $For hauling the landfill material.The overall goal of their program is to reduce the risk and to remediate the environment.The only thing they can do is get the prokct completed as gickly as possible. Nelson asked what it would take to get the prokct done in one year instead of three years.Klismith said the primary issue is money.Nelson asked if they plan to start the prokct before all the money is availa ble because she didnt want it to sit open four to five years waiting for the legislature to fund the prokct.Klismith said the MPCA has dedicated funds from the remediation fund. Doug Day, representing the MPCA, said they cannot start up the prokct and then stop it in the middle.Hsaid they would not start the prokct unless they have ade }ate bond funding to start. They are currently waiting for the legislature to act on the bonding bill to support the effort. Tyra-Lukens said Council Member Nelson's concern was that the range of time might be one to three years.Day said there are a lot of things that can affect the range.The MPCA does not have unlimited funds, and there are a lot of other factors that enter into how long a prokct will take.Ra instorms and cold weather can shut down the prokct, or there could be another State shut down.Hsaid there will be a public hearing about the closure activity, and the MPCA will take public comment into account. Nelson asked how bad the odor will be.Ti ffany said the gestion came up to one of the Department of bh1th employees who sa id it is not a health hazard, it is an annoyance.Each landfill is unige, and the rate of de gradation could affect the types of odor.The attempt will be made to limit the amount of cover removed and waste eposed at any one point. CITY COUNCIL MINUTES April Y@ Page 9 Nelson asked if the odor could go over any area east of the dump.Tiffany said it depends on the weather patterns,but it would be noticeable up to mile away. Nelson asked if it will affect airport operations.Tiffany said he doubted there will be any impact there,but their consultant has had discussions with MAC mainly in terms of height restrictions. Nelson asked how sure they are they will not be moving toic waste when they move the material from one area to another.Tiffany said they have rarely found any intact barrels at other sites.f th ere is something that looks suspect, the contractor is regired to b ack off and they would evaluate it.Nelson asked if that means it is something that no one needs to be concerned about.Tiffany said the workers would be the most eposed.Butcher Wickstrom said there has been a concern about what is in there that we dont know about.She did not feel good about that after hearing some of the things that were left behind. Newman said the MPCA recommends that Eden Prairie adopt a Closed Landfill Restricted zoning district.H said the landfill will continue to be monitored after it is remediated, and the maprity of the landfill will be off-limits in perpetuity.Sublot B along the river would be something they could negotiate in the future.That sublot and other areas could have surface uses such as a dog park. Tyra-Lukens asked if there will be no trees.Tiffany said that could be discussed later.The MPCA generally includes an allo wance in the contract that would allow the City to choose some landscaping options.Newman noted plantings could be made on the periphery of the site only. Rosow asked if the closed landfill zoning is for property owned by the State or for the privately owned property.Newman said this is jest for the property owned by the State. Aho asked why the MPCA takes over the landfill versus the current owners remediating the property.Newman said the Agency took over the long term care because of the agreement of 9They would like to take ownership of the property because it gives them more fleib ility of funding.They would also prefer not to spend that kind of money on privately owned property. Getschow asked historically why we are at this state now where the responsibility for landfill remediation is left with the State of Minnesota.Newman said it really started with Anoka County and their three Federal Superfund sites.ii the early iD the only way to clean up such la ndfills was to go through the Superfund process which identifies responsible parties.Many of the businesses in Anoka County had a hard time because they were involved with cleanups at multiple sites. The State decided it would be in the best interests of the State to take over the long term care of permitted closed landfill sites and would collect a fee for that purpose on the haulers'bills. CITY COUNCIL MINUTES April Y@ Page ID Tyra-Lukens asked if we are also giving them de facto permission to go ahead and do the remediation as we hold the public hearing for a potential zoning district change and preliminary plat.Rosow said this is a hearing on the zoning and replatting of the property)is difficu It to say that the City Council has the authority to say no to the prokct.This is being done because the legislature maintained the takeover of these sites.Th e State has decided subsegently to take over ownership.The State must hear the communities'concerns,but the ultimate decision to go ahead with clean-up efforts is made by them.The Council may have very little say about giving them the okay to go ahead.f the Council does not go ahead with the replatting, he didnt know it would keep the State from going ahead with the remediation. Case said we are all concerned about fig it,but we want to make sure it is fitd as appropriately as possible. Tyra-Lukens opened the public hearing. Bob Reitz, Milford, said it sounds lik e this might be the only opportunity to slow the process down.Hthought it was im portant the City Council realizes that the residents want this to be done in a timely manner.Hasked if there could be some type of agreement between the Council and the contractor to meet a certain deadline with contingency funds set aside for completion. Tyra-Lukens said she was trying to get at that with her gestions,but it evidently doesnt change anything.Rosow said he t hought they would still be able to proceed. Hwas impressed with the MPCA� presen tation tonight and their willingness to listen to our concerns.Hthought they ar e taking comments and will work with us, but ultimately we cannot tell the legislature and the State what to do. Mr.Reitz asked if we could have any input as to how it is completed.Rosow said there are opportunities to have input.This is the second mapr conversation about the remediation process, and they redesigned the slopes as a result of the first discussion.Hthought it wont d be unrealistic to put a firm completion date on a construction prokct of this compleily. Mr Reitz asked if the City has a contract. Tyra-Lukens said we do not. Butcher Wickstrom said communication both ways has always served us well and the more we can do that, the better for our residents.Case said we have a potentially polluting landfill that needs to be remediated.Aho said the MPCA has listened to us to date and have come back with changes to their plans that incorporated our concerns.Tyra-Lukens sa id at least we will get rid of the groundwater pollution. Michael Seelig, GKiersten Place, said he recognized it is important to fiAhis and he appreciated the Councils gestions.fIhas a great concern because he has air circulators in his home that will bring the air into his home so they wont be able to escape the odor.All of th e points made concern him. Hhas not heard anything about the wildlife in the landfill area.Hwould like to slow the conversation in CITY COUNCIL MINUTES April Y@ Page 1 order to address the concerns,but not stop the process.Hwas also concerned about property values during the remediation process. MOTION: Case moved, seconded by Butcher Wickstrom, to close the public hearing. MfiFO. Case noted Mr.Rosow told us we are jest legitimizing an ownership issue by breaking up the parcels.The control of the land is already with the MPCA.H thought this feels fairly perfunctory, and he was concerned that we dont want to slow the process down.ffbelieves th e MPCA are the landfill eperts. Aho said he didnt think that not approving the replatting would make any difference.From a prokct perspective we arent going to start until the fall so we will have time to have public hearings.Th e process is going to unfold whether we approve this or not.Hwould vote for appr oving this tonight, and then make sure we hold all the public hearings and listen to peopled concerns.We can work with the MPCA to address those concerns and work to mitigate the amount of odor and disruption to peopled lives. Butcher Wickstrom said she likes the MPCA taking a level of responsibility to get this done.She thought as the months go by un til we begin the prokct, we have time to learn more detail about what this will look like.She suggested we have something on the new website to see what is happening at the landfill.We must communicate three times what we think we should because this concerns people everyday lives.We want to do this as right as we can.The City doesnt have funding to do this, so we need the State to work on it. Nelson said it is clear this will go on, and we heard them say that if they own it they have more sources of money.I they have enough money they might get this done faster.The last thing she wanted to see is for this to be dragged out over four years.(&hope is they h ear our plea to epedite.She wanted to make sure our parks, businesses and residences come though this whole.Eden Prairie is a very large urban city so speed does matter.She planned to vote for the proposal. Getschow said there are two different tracks here.&is the State will come in to remediate the landfill, and no action is regired for that at the Council level.There have been two public hearings regarding the rezoning and platting.We do have other public hearings planned for the future.The parallel track involves the notices for the public hearings that list the MPCA as the contact for gestions.We may be able to move up some of our open houses or some communication from the MPCA. We can have people weigh in on the prokct at future public hearings,but we understand the limited authority and control the City has. MOTION: Butcher Wickstrom moved, seconded by Aho, to approve first reading of the ordinance for Aning District ch ange from Rural to I3)n Icres;to adopt Resolution Nor preliminary pl at on Bacres into one lot and two outlots;and to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions. MfiFO. CITY COUNCIL MINUTES April Y@ Page I D. RESOLUTION NO. 201270 AUTHORIZ ING APPLICATION TO DEED FOR FORGIVABLE LOAN TO ALIX RX THROUGH DEEDS MINNESOTA INVESTMENT FUND MIF) Getschow said official notice of this public hearing was published in the April Eden Prairie News Alix RXs a new company in Eden Prairie that is leasing a building at Vest 6 th Street.They have applied to use MF funds to help pay for tenant improvements and egipm ent purchases at their leased facility. The MF program regires the City to appl y for the grant on behalf of the business and to act as a conduit between DEED and the business. Larry Johnson, representing Golden Living Centers, said his company owns and operates nursing homes, assisted living facilities and hospice facilities.They recently epanded to create the company Alix RXwhich will provide automated pharmaceutical dispensing units (AD)dt Golden Living centers nationwide.H said their new model will use computer technology so nurses on site will be able to provide one dose distribution for medical prescriptions.The system will automatically code and chart the order.Th ey have been in touch with DEED and have worked with Mr.Lindahl and Ms Jeremiah to receive 010 cover a portion of their startup costs.They plan to employ up to (people at their facility. They need City Council approval to move forward to the second step in the process. Tyra-Lukens thanked them for bringing business into Eden Prairie. Aho asked what they plan to do at the facility.Johnson said it will be the nerve center where pharmacists will verify the drugs are being correctly dispensed at the nursing facilities.Aho asked if the canisters will be delivered to the facility or to the individual nursing homes.Johnson said the canisters will be delivered to the facility and then delivered to the nursing homes. Nelson said she was confused why they are eligible for a DEED grant because they are a very large company.Johnson said th ere is no regirement regarding size for the ME.Tyra-Lukens said the focus for DEED has been to attract and retain businesses in Minnesota.She didnt think it has much to do with the size of the bu sines s.Jeremiah noted this is not a sm all business program,rather it is a pb creation program.The regirements are mo re that you provide the pbs and stay here in Minnesota.I the company doesnt comply, they have to pay back the grant funding. There were no comments from the audience. MOTION: Case moved, seconded by Butcher Wickstrom, to close the public hearing and to adopt Resolution No. Outhorizing ap plication to the Department of Employment and Economic Development pEED)for a forgivable loan to Alix R)hrough DEED§ Minnesota hvestment Fund MF) Mh iF0. CITY COUNCIL MINUTES April Y@ Page 1 X PAYMENT OF CLAIMS MOTION: Aho moved, seconded by Case, to approve the payment of claims as submitted. Ml iv b W8VkCgNk dC1,1W' K ORDINANCES AND RESOLUTIONS A. RESOLUTION NO. 201271 TER MINATING LEASE BETWEEN THE CITY OF EDEN PRAIRIE CITY)AND HOUSING AND REDEELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE (XUTHORITY) MOTION: Butcher Wickstrom moved, seconded by Case, to adopt Resolution No. (Herminating the lease between the City and the bbsing and Redevelopment Authority in and for the City of Eden Prairie (4A) nd regesting that the 14A convey to the City all of the 14A right, title and interest in the property subkct to the 14A lease. MfiFO. B. FIRST READING OF ORDINANCE ADDING CITY CODE SECTION 5.74 RELATING TO REGULATION OF THE USE OF COAL TARBASED SEALER PRODUCTS Getschow the State of Minnesota established a grant for Local Governmental bits to clean up ponds.The State has found that many of the contaminants in the ponds come through the use of coal tar products.The State has enco uraged cities to restrict use of those products.Asphalt ba sed products are available, and several companies no longer sell coal tar based products. MOTION: Nelson moved, seconded by Case, to approve first reading of an ordinance adding City Code Section Relating to Re gulating the k&of Coal Tar-Based Sealer Products.M1E0. M. PETITIONS, REI�ES TS AND COMMUNICATIONS III. APPOINTMENTS A. PARKS, RECREATION & NATURAL RESOURCES COMMISSION Getschow said the Council took action to inactivate the Arts and Culture Commission, and some of the members of that commission moved over to the Parks, Recreation Natural Resources Commission.Cynthia Pa ulson was one of those who moved to the Parks Commission. She now finds she will not be able to serve.There is an opportunity to appoin t Leonard Pescheck who was one of those interviewed by the Council for the Parks Commission. CITY COUNCIL MINUTES April Y@ Page 4 MOTION: Case moved, seconded by Nelson, to appoint Leonard Pescheck to the Parks, Recreation Natural Resources Commission to a term ending March IgUE0. KV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. T�fi'�IVI�'a Case said there are several traffic issues that have come to his attention that he would like Mr.Ellis to address at so me point.The issues are:regests for more blinking yellow lights for left turns;a traffic glut on Hy 2)ut of Chanhassen;some issues with traffic signals being timed versus being triggered;Preserve Boulevard narrows fr om two lanes to one from the Mall to Anderson Lakes Parkway;a problem with the sight lines along Prospect Road to Spring Road and the very fast traffic in that area creating a danger to those who use the crosswalk to the pool. Tyra-Lukens asked staff to forward a memo on these issues to the Council Members. Nelson noted there is another issue with the long amounts of time needed to go out of LImepin Technical College onto Flying Cloud Drive.She also thought the Preserve Boulevard and Anderson Lakes Parkway intersection is etremely dangerous, especially for pedestrians trying to cross. B. REPORT OF CITY MANAGER 1. UPMIL.e UU& Getschow said there was a plan to hold a series of conversations on the future of city funding and we applied to be one of the cities to host.At that time we thought the discussions would be more localized but we found out they had a very set plan for the series to be uniform across the State.There is an event on April(where they will come back in the community and summarize the results.City staff and elected official s were asked not to participate in the previous events.b1said ev eryone is welcome to attend this event that will be held on Monday, April Qfrom Go flPM at the Community Center. Masked those who plan to attend to let the City know. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. AtUCIDWOtUtWo 201272) CITY COUNCIL MINUTES April Y@ Page 5 Lotthammer said Stan Tekiela, our bl door Center Supervisor, spoke at the Lions Club meeting in December.The Lions Club had a meat raffle at the event and elected to donate the 3 proceeds to the Gldoor Center. MOTION: Aho moved, seconded by Case, to adopt Resolution W accepting a donation in the amount of Wrom the Eden Prairie Lions Club for astronomy egipment at th e Eden Prairie fildoor Center. Mh if0. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY X. OTHER BUSINESS XI. ADJOURNMENT MOTION: Case moved, seconded by Butcher Wickstrom, to adpurn the City Council Meeting. MfiFO. Mayor Tyra-Lukens adpurned the meeting at IPM. CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda May A DEPARTMENTDIVISION: ITEM DESCRIPTION: Approve ITEM NO.: X Leslie Stovring Second Reading of an filinance Public WorksEnvironmental Adding City Code Section j Rifth Move to: Approve Second Reading of an Oi nance Adding City Code Section Izelating to Regulating the k& of Coal Tar-Based Seal er Products and Adopt Resolution Approving Summary filinance for Publication Sp h Whe Minnesota Pollution Control Agency MPCA)esta blished a grant program to provide local units of government up to cif the costs to treat or clean up contaminated stormwater pond sediments. Uvever, for cities to galify 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 toic to the environment. Asphalt-based seal ants are less toic and are available as an alternative. This ordinance was based on the MPCA model ordinance. Bl#fn The first reading for the Oinance was on Apr it 7(DNo changes were made to the draft ordinance. A survey of local stores was conducted and it was determined that asphalt sealant products are readily available and that the ban would be acceptable. Ain Oinance Summary Resolution Oinance Summary Oinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2012- A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. 9012 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Oinance No. was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 1t day of May NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: A. filinance No.�Os le ngthy andbr contains charts. B. The tekof the summary of Oinan cc No.�Mattached hereto, conforms to MS. §AM Subd. 0 and is approved, and publication of the title and summary of the Oinance will clearly inform the public of the intent and effect of the filinance. C. The title and summary shall be published once in the Eden Prairie News in a body type no smaller than brevier or eight-point type. D. A printed copy of the Oinance shall be made available for inspection by any person, during regular office hours, at the office of the City Clerk, and a copy of the entire tekof the Oinance sh all be posted in the City offices. E. Oinance No.4hall be recorded in the Oinance Book, along with proof of publication, within twenty 0 days after said publication. ADOPTED by the City Council on May A Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 9012 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CITY CODE CHAPTER 5 BY ADDING SECTION 5.7,RELATING TO REGULATING THE USE OF COAL TARBASED SEALER PRODUCT S,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 5.%VHICH,AMONG OTHER THINGS,CONTAIN PENALTY PROVISONS. The following is only a summary of filinance No.�MThe full tekis available for public inspection by any person during regular office hours at the Oice of the City Clerk. The Oinance adds City Code Section 9xhic h prohibits the application of any coal tar- based sealer to any driveway,parking lot,or other surface within the City by any commercial sealer product applicator, residential or commercial developer, or any other person.This Oinance incorporates, by reference, City Code Chapter land City Code Section 9 which contain provisions relating to penalties. EFFECTIVE DATE. This Oinance shall take effect on j ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on May @lD 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 5.74tELATING TO REGULATING THE USE OF COAL TARBA SED SEALER PRODUCTS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Sal . City Code Chapter 5s amended by adding Section to read as follows: SECTO 32RL TAR-BA SED SEALANT PRDCTS Subd.1 Purpose.The City of Ed en 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.Scie ntific 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 gality of its waters. Subd.2 Definitions.For the purpose of this s ection, certain terms and words are defined as follows: Asphalt-Based Sealer'.A petroleu m-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 refi ne 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 PAkj 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. PAHPolycyclic Aromatic k1lrocarbons.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 agatic life. S ubd.3 Prohibitions. 1 No person shall apply any coal tar-based sealer to any driveway, pa rking 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 Ealusions.Pbn the egress 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 PAHon the environment shall be eampt from the prohibitions of this Section 5 Subd.5Asphalt-Based Sealcoat Products.The pr ovisions 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.7Severability.f any provision of this or dinance is found to be invalid for any reason by a court of competent jurisdiction, the validity of the remaining provisions shall not be affected" Ste . City Code Chapter lentitled General Provisions and Definitions Applicable to the Entire City Code hcluding Penalty for Mlation"and Section Q entitled Mlation a Misdemeanor"are hereby adopted in their entiret y, by reference, as though repeated verbatim herein. Si This ordinance shall become effective from and after its passage and publication. FRST READ at a regular meeting of the City Council of the City of Eden Prairie on the th day of April, Mand finally read and adopted and ordered published at a regular meeting of the City Council of said City on the lsr day of May, Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor Published in the Eden Prairie News on the day of z(D CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May A DEPARTMENTDIVISION: ITEM DESCRIPTION: I.C. 10570 ITEM NO.: R. Mary Krause Approve Professional Services Agreement with Public Works /Engineering lflP&r Construction Phase Services for the Prairie Center Drive Watermain hiprovements Rifth Move to: Approve Professional Services Agreement with lflP&r Construction Phase Services for the Prairie Center Drive Watermain hiprovements. Sp This Professional Services Agreement will provide construction phase services Making, inspection, and contract administration)for the Prairie Center Drive Watermain hiprovements. The prokct is scheduled for construction this summer. The total estimated costs in the agreement are 96 Bl#fn The watermain replacement is necessary due to numerous repairshreaks that have occurred on these lines over the past few years. The tr unk watermain etension will complete a missing section of trunk watermain that serves the Mapr Cc nter Area. The prokct will be financed with fility funds. Ain Professional Services Agreement Rev. 3-29-12 Standard Agreement for Professional Services This Agreement is made on the day of , 20 , between the City of Eden Prairie; Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344,'and Hansen Thorp Pellinen Olson, Inc. a Minnesota corporation (hereinafter "Consultant") whose business address is 7510 Market Place Drive Eden Prairie MN 55344 . Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing.such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for Prairie Center Drive Watermain I.C. 10-5780 hereinafter referred to as the "Work The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit "A" ( HTPO Proposal Letter dated April 4, 2012 ) in connection with the Work. The terms of this Agreement shall take precedence over any-provisions of the Consultants proposal and/or general conditions including proposals and/or general conditions. If the Consultants proposal is attached as the Exhibit A Scope of Work, City reserves the right to reject any general conditions in such proposal. 2. Term. ;The term of this Agreement shall be from April 18, 2012 through August 30 2012 the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for`Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $ 19,500 for the services as described in Exhibit A. A. Any changes in the scope of the work which may result,in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. If Consultant is delayed in performance due to any cause beyond its reasonable -control, including but not limited to strikes, riots; fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. 1 Rev. 3-29-12 Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information, The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, 'estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. D. Owner's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive. information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of.Payment `' The Consultant shall 'submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: A. Progress Payment. For work reimbursed on an hourly basis, the`Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. B. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services performed prior to receipt of written notice from the City of such suspension, all as shown on Exhibit A. C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described in Section 313, and for other items when authorized in writing by the City. D. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid. 2 Rev. 3-29-12 6. Project Manager and Staffing. The Consultant has designated Laurie Johnson and Ted Anderson to serve on the Project. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or,replace these designated staff_from the`Project without the approval of the City. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent 'permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at ,the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Audit Disclosure. Any reports,;information, data, etc. given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. The Consultant shall at all times abide by Minn-. Stat. 13.01 et seq., the Minnesota Government Data Practices Act, to the extent the Act is applicable to data and documents in the possession of the Consultant. 9. Termination. This Agreement maybe terminated by either party by seven (7) days written notice delivered to the other party at the address'written above. Upon termination under this provision, if there is no fault of the`Consultant, the Consultant, shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement,.no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the work identified in Paragraph 1. 10. Subcontractor, The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City, The Consultant shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 3 Rev. 3-29-12 11. Independent Consultant.. At all times and for all purposes herein, the Consultant is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Consultant an employee of the City. 12 Non-Discrimination, During the performance of this Agreement, the Consultant shall' not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard. to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of. its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 13. Assignment, Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 14. Services Not Provided For. No claim for services furnished .by the Consultant not specifically provided for herein shall be honored by the City. 15. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 16. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between' the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless,otherwise provided herein. 17. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. The Consultant and City, together with their respective agents and employees, agree to abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 18. Waiver. Any waiver by either party of a breach'of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 19. Indemnification. Consultant agrees to defend, indemnify and hold the City, its officers, and employees harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney's fees, to the extent attributable to a negligent or otherwise wrongful act or omission (including without limitation professional errors or omissions) of the Consultant, its agents, employees, or subcontractors in the performance of the services 4 Rev. 3-29-12 provided by this Agreement and against all losses by reason of the failure of said Consultant fully to perform, in any respect, all obligations under this Agreement. Consultant further agrees to indemnity the City for defense costs incurred in defending any claims, unless the City is determined to be at fault. 20. Insurance. A. General Liability. Prior to starting the Work, Consultant.shall procure, maintain and pay for such insurance as will protect against claims for bodily injury or death, or for damage to property, including loss of use, which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of°them maybe liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified°in this Paragraph, or required by law. The policy(ies) shall name the City as-an additional insured for the services provided under this Agreement and shall provide that the Consultant's coverage shall be primary and noncontributory in the event of a loss. B. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability on this Project`. Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Comprehensive General Liability: $1,500,000 property damage and bodily injury per occurrence $2,000,000'general aggregate $2,000,000 Products—Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles. Umbrella or Excess Liability $1,000,000 C. The Comprehensive General/Commercial General Liability policy(ies) shall be equivalent in coverage to ISO form CG 0001, and shall include the following: a. Premises and Operations coverage with no explosions, collapse, or underground damage exclusion (XCU). b: Products and Completed Operations coverage. Consultant agrees to maintain this coverage for a minimum of two (2) years following completion of its work. Said coverage shall apply to bodily injury and property damage arising out of the products-completed operations hazard. 5 Rev. 3-29-12 C. Personal injury with Employment Exclusion (if any) deleted. d. Broad Form CG0001 0196 Contractual Liability coverage, or its equivalent. e. Broad Form Property Damage coverage, including completed operations, or its equivalent. f. Additional insured Endorsement(s), naming the "City of Eden Prairie" as an Additional Insured, on ISO form CG 20 10 07 04 or such other endorsement form as is approved by the City. g. If the Work to be performed is on an attached community, there shall be no exclusion for attached or condominium projects. h. "Stop gap" coverage for work in those states where Workers' Compensation insurance is provided through a state'fund if Employer's liability coverage is not available. i. Severability of Insureds provision. D. Professional Liability Insurance. The Consultant agrees to provide to the City a certificate evidencing that they have in effect, with an insurance company in good standing and authorized to do business in Minnesota, a professional liability insurance policy. Said policy shall insure payment of damage for legal liability arising out of the performance of professional;services for the City. Said policy shall provide an aggregate limit of$2,0010,000. Said policy shall not name the City as an insured. E. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. In addition to the requirements stated above, the following applies to the insurance policies required under this Paragraph: a. All policies, except the Professional Liability Insurance policy, shall be written on ,an "occurrence" form ("claims made" and "modified occurrence" forms are not acceptable); b. All policies, except the Professional Liability Insurance policy, shall be apply on a "per project" basis; C. All policies,>> except the Professional Liability Insurance and Worker's Compensation Policies, shall contain a waiver of subrogation naming "the City of Eden Prairie'; d. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall name "the City of Eden Prairie" as an additional insured: e. All policies, except the Professional Liability Insurance and Worker's Compensation 'Policies, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement; and f. All polices shall contain a provision that coverages afforded there under shall not be canceled or non-renewed, nor shall coverage limits be reduced by endorsement, without thirty (30) days prior written notice to the City. 6 Rev. 3-29-12 A copy of the Consultant's. Certificate of Insurance which evidences the compliance with this Paragraph 20, must be filed with City prior to the start of Consultant's Work. _Upon request a copy of the Consultant's insurance declaration page, Rider and/or Endorsement; as applicable shall be provided. Such documents evidencing -Insurance- shall be in a form acceptable to City and shall provide satisfactory; evidence that Consultant has complied with all insurance requirements. Renewal,certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page; Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to enforce the terms of Consultant's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. F. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agreesthat this indemnity shall be construed and applied;in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity,then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: a. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or b. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 21. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use'of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 7 Rev. 3-29-12 22. Dispute Resolution/Mediation. Each dispute, claim or controversy arising from or related to. this Service Agreement or the relationships which result from this Agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of`the American Arbitration'As`sooiation then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a Mediated Settlement Agreement, which Agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Conflicts. No salaried officer or employee of the City and no member of the Board of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. Any federal regulations and applicable state statutes shall not be violated. 25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 26. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager FIRM NAME H4n-s n J&— /��llipep Its: pres;defi-l- s 1 Engineering Surveying Landscape Architecture April 4,2012 Ms.Mary Krause City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Re: Prairie Center Drive Watermain City Project Number 10-5780 Dear Mary, As requested,the following estimate for engineering and surveying services are provided for your consideration. Estimate Scope of Service $19,000.00 Construction administration,staking,inspection, and record drawings. Includes up to 85 hours of inspection time. $ 500.00 Reimbursables $19,500.00 TOTAL Invoices will be submitted based on actual hours worked using a 2.4 multiplier times direct personal expense,and reimbursable expenses incurred(printing, courier,and other out-of-house documents and fees). We will keep you informed of our work progress and the above fee estimate will not be exceeded without prior approval from your office. We invoice our services monthly payable within 30 days. Thank you for this opportunity to provide our services. Sincerely, Hansen Thorp Pellinen Olson, Inc. 7510 Market Place Drive Laurie A.Johnson,P.E. Eden Prairie, MN 55344 Principal 952-829-0700 952-829-7806 fax www.htpo.com HANSEN • " PELLINEN OLSON, CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda May J(D DEPARTMENTDIVISION: ITEM DESCRIPTION: C f6 ITEM NO.: V. Leslie Stovring Approve Proposal for Annual City Clean PJ Engineering /Environmental Rifth Move to: Approve the proposal from Allied Waste for assisting with the Annual City Clean PT at a cost not to e&eed 3) Sp The City of Eden Prairie has provided a one-day event for residents to drop off waste materials since 9 Allied Waste has partnered with the City since the beginning to provide services during this event. Since that time attendance has gradually increased and the costs associated with the cleanup have also increased. The costs have started to be consistently above 0) The attached proposal includes a per unit estimate for an estimated cost of Ito 1) depending on attendance. The costs for the clea nup are paid out of the annual recycling grant that the City receives from L-hnepin County. Any amounts above what can be paid from the grant Opproxinately ire paid out of the stormwater utility fund. Bl#fn The City began providing a cleanup in with a fe w basic items, such as such as yard waste, construction debris, general household trash and recyclables. Attendance has increased from approximately @households in the @ to approximately Bn h fthe cleanup was moved to the L-hnepin Tee hnical College as the Allied Waste facility could no longer handle the number of people that came to the event. The change also allowed the City to increase the number and types of materials and now includes charitable donations (ypically Mtnam Merans)bicycle recycling, ya rd waste, scrap metal, appliances, electronics, tires, fluorescent bulbs and propane tanks. Nominal fees are charged for electronics, appliances and some fluorescent bulbs (f more than are brought in for disposal)to help cover costs. Uvever, ya rd waste, furniture, trash, steel and many general trash items can be dropped off at no charge. This year the C ity is working with the Boy Scouts to provide food and beverages during the day for staff and residents. Ain Allied Waste Proposal Rev. 3-29-12 Standard Agreement for Professional Services This Agreement is made on the I&1 day of 4pr,.1 2012 , between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and dllied CJa9 Q- _ , a Minnesota LLG (hereinafter"Consultant") whose business address is q813 Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for the Annual City Clean Up hereinafter referred to as the "Work". The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit "A" (Proposal dated March 14, „2012) in connection with the Work. The terms of this Agreement shall take precedence over any provisions of the Consultants proposal and/or general conditions including proposals and/or general conditions. If the Consultants proposal is attached as the Exhibit A Scope of Work, City reserves the right to reject any general conditions in such proposal. 2. Term. The term of this Agreement shall be from June 1 2012 through June 30, 2012 the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $ 35,000 for the services as described in Exhibit A. A. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. 1 Rev. 3-29-12 Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. D. Owner's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for. A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. B. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services performed prior to receipt of written notice from the City of such suspension, all as shown on Exhibit A. C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described in Section 313, and for other items when authorized in writing by the City. D. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 2 Rev. 3-29-12 6. Project Manager and Staffing. The Consultant has designated Richard Hirstein and Jerome Meyer to serve on the Project. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace these designated staff from the Project without the approval of the City. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Audit Disclosure. Any reports, information, data, etc. given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. The Consultant shall at all times abide by Minn. Stat. 13.01 et seq., the Minnesota Government Data Practices Act, to the extent the Act is applicable to data and documents in the possession of the Consultant. 9. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the work identified in Paragraph 1. 10. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action, 3 Rev. 3-29-12 11. Independent Consultant. At all times and for all purposes herein, the Consultant is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Consultant an employee of the City. 12. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 13. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 14. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 15. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 16. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 17. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. The Consultant and City, together with their respective agents and employees, agree to abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 18. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 19. Indemnification. Consultant agrees to defend, indemnify and hold the City, its officers, and employees harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney's fees, to the extent attributable to a negligent or otherwise wrongful act or omission (including without limitation professional errors or omissions) of the Consultant, its agents, employees, or subcontractors in the performance of the services 4 Rev. 3-29-12 provided by this Agreement and against all losses by reason of the failure of said Consultant fully to perform, in any respect, all obligations under this Agreement. Consultant further agrees to indemnity the City for defense costs incurred in defending any claims, unless the City is determined to be at fault. 20. Insurance. A. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims for bodily injury or death, or for damage to property, including loss of use, which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. The policy(ies) shall name the City as an additional insured for the services provided under this Agreement and shall provide that the Consultant's coverage shall be primary and noncontributory in the event of a loss. B. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability on this Project: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Comprehensive General Liability $1,500,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products-- Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles. Umbrella or Excess Liability $1,000,000 C. The Comprehensive General/Commercial General Liability policy(ies) shall be equivalent in coverage to ISO form CG 0001, and shall include the following: a. Premises and Operations coverage with no explosions, collapse, or underground damage exclusion (XCU). b. Products and Completed Operations coverage. Consultant agrees to maintain this coverage for a minimum of two (2) years following completion of its work. Said coverage shall apply to bodily injury and property damage arising out of the products-completed operations hazard. 5 Rev. 3-29-12 C. Personal injury with Employment Exclusion (if any) deleted. d. Broad Form CG0001 0196 Contractual Liability coverage, or its equivalent. e. Broad Form Property Damage coverage, including completed operations, or its equivalent. f. Additional Insured Endorsement(s), naming the "City of Eden Prairie" as an Additional insured, on ISO form CG 20 10 07 04 or such other endorsement form as is approved by the City. g. If the Work to be performed is on an attached community, there shall be no exclusion for attached or condominium projects. h. "Stop gap" coverage for work in those states where Workers' Compensation insurance is provided through a state fund if Employers liability coverage is not available. i. Severability of Insureds provision. D. Professional Liability Insurance. The Consultant agrees to provide to the City a certificate evidencing that they have in effect, with an insurance company in good standing and authorized to do business in Minnesota, a professional liability insurance policy. Said policy shall insure payment of damage for legal liability arising out of the performance of professional services for the City. Said policy shall provide an aggregate limit of$2,000,000. Said policy shall not name the City as an insured. E. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. In addition to the requirements stated above, the following applies to the insurance policies required under this Paragraph: a. All policies, except the Professional Liability Insurance policy, shall be written on an "occurrence" form ("claims made" and "modified occurrence" forms are not acceptable); b. All policies, except the Professional Liability Insurance policy, shall be apply on a "per project" basis; C. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall contain a waiver of subrogation naming "the City of Eden Prairie"; d. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall name "the City of Eden Prairie" as an additional insured; e. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement; and f. All polices shall contain a provision that coverages afforded there under shall not be canceled or non-renewed, nor shall coverage limits be reduced by endorsement, without thirty (30) days prior written notice to the City. 6 Rev. 3-29-12 A copy of the Consultant's Certificate of Insurance which evidences the compliance with this Paragraph 20, must be filed with City prior to the start of Consultant's Work. Upon request a copy of the Consultant's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to enforce the terms of Consultant's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. F. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: a. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or b. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 21. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 7 Rev. 3-29-12 22. Dispute Resolution/Mediation. Each dispute, claim or controversy arising from or related to this Service Agreement or the relationships which result from this Agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a Mediated Settlement Agreement, which Agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Conflicts. No salaried officer or employee of the City and no member of the Board of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. Any federal regulations and applicable state statutes shall not be violated. 25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 26. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager FIRM NAME By: g G Its: 6&Q/0 Mdk., ' 8 ALLIED WASTE March 14, 2012 City of Eden Prairie Leslie Stovring Environmental Coordinator 8080 Mitchell Road Eden Prairie, MN 55344-4485 Dear Leslie: Allied Waste Services would like to thank you for allowing us the opportunity to be the operator of the upcoming City of Eden Prairie clean up.The information below is a breakdown of the pricing for your clean up. Feel free to contact me directly at 952-946-5330 if you have any questions. Thank You I Sincerely, Rich Hirstein Municipal Services Manager Spring Clean Up 2012 City of Eden Prairie BASE SERVICE CHARGES Construction Material $46.00 per ton $2.00/ton tax Yard Waste $39.00 per ton No tax Household Trash $52.00 per ton 9% Hennepin County Tax 9.75%State Tax Furniture $10.00 per piece 9% Hennepin County Tax 9.75%State Tax Scrap Metal No Charge Recycling Materials = No Charge Labor - 35 Employees at$ 280.00 per employee Operational Expense: (trucks,containers,etc) - $2,800.00 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda May j(D DEPARTMENTDIVISION: ITEM DESCRIPTION: C.99 ITEM NO.: Fb. Leslie Stovring Approve Proposal for Repairs for Two Public Works /Environmental Stormwater Treatment Areas South of Riverview Road Rifth Move to: Approve the proposal from Barr Engineering for completing the Final Design Plans and Specifications for repair and stabilization of two stormwater treatment areas south of Riverview Road at a cost of 9D Sp The City of Eden Prairie received notice from the Minnesota Pollution Control Agency MPCA) regarding structural failures at two stormwater treatment facilities south of Riverview Road. This included a stilling basin constructed in WVater Body MC)and a floodplain pond constructed in %Vater Body 5A)The design for repair of the two basins was submitted to and approved by the MPCA on April 7(DRepairs were completed at the stilling basin in (DUvever, due to flooding within the Minnesota River, the floodplain pond was not completed and recent inspections by the MPCA at the stilling basin showed a need for some repairs. The costs will be paid out of the stormwater utility fund. Bl#fn The City Council signed a Schedule of Compliance 60)with the Minn esota Pollution Control Agency MPCA)on January 9(DThe SO regires that plans to repa it the stilling basin, including safe conveyance of the discharges to Purgatory Creek, be provided within(days of signature. Preliminary plans were submitted to the MPCA in August g Since that time, the MPCA has completed a field inspection of the stilling basin area and recommended some modifications due to animal damage. h addition, an adpining landowner has regested that an erosion gully that was formed due to groundwater seepage that flows towards the creek be stabilized, as it was impacting the prokct area as well as a small bridge that crosses the erosion gully. The proposal also includes repair and stabilization of a floodplain pond that has partially washed into the Minnesota River. The prokct will include repair of[a Riverview Road and stabilization of an erosion gully that has formed through the center of the remaining pond. Stormwater runoff will be piped to the Minnesota River to avoid future erosion of the pond. Restoration of the lost stormwater treatment capacity will be through replacement in another location in the City. The proposal includes the following scope of work: • Surveying of the site topography • Field evaluation of current and historic wetland conditions • Permitting for wetland and stormwater impacts • Preparation of construction documents • Construction monitoring, construction staking and preparation of record drawings The revised plans will need to be re-submitted to the MPCA for final approval. f no additional changes to the plans are regested, it is anticip ated that construction will begin this spring. Ain Proposal from Barr Engineering Rev. 3-29-12 Standard Agreement for Professional Services This Agreement is made on the ' — day of 1 r , 20 between the City of Eden Prairie, Minnesota hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and �' ri r , a Minnesota {hereinafter"Consultant"} whose b sines ddre s i e Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is }to set forth M to s and conditions f r the provision of professionat services by Consultant for 4tN G + 'i Vk �u �c1 c ilc� �t�?fU\*V iN ereinafter referred to as the "Work". The City and Consultant agree as follows: 1. Scope of Wo'k. The Consultant agrees to provide the professional services shown in Exhibit "A" ( eJ - ) in connection with the Work. The terms of this Agreement shall take precedence over any provisions of the Consultants proposal and/or general conditions including proposals and/or general conditions. tf the Consultants proposal is attached as the Exhibit A Scope of Work, City reserves the right to reject any general conditions in such proposal. 2. Term. The term of this Agreement shall be from Ili rough s t i 2U 13 the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $ for the services as described in Exhibit A. ' A. Any changes to the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council, The City will not pay additional compensation for services that do not have prior written authorization, B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay, 1 Rev. 3-29-12 Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B_ Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant- C. Standards, The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. D. Owner's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours warped, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.33 and 471.391, For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. B. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services performed prior to receipt of written notice from the City of such suspension, all as shown on Exhibit A. C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described in Section 313, and for other items when authorized in writing by the City. D. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "i declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid," 2 Rev. 3-29-12 S. Project Manager and Staffing. The Consultant has designated and e to serve on the Project. They shall be assisted by other staff membe s as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace these designated staff from the Project without the approval of the City. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care, Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays In the performance of its duties. 8. Audit Disclosure. Any reports, information, data, etc. given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. The Consultant shall at all times abide by Minn_ Stat. 13.01 et seq., the Minnesota Government Data Practices Act, to the extent the Act is applicable to data and documents in the possession of the Consultant. 9. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the work identified in Paragraph 1. 10. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City, The Consultant shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City. the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees. incurred in bringing the action. 3 Rev. 3-29-12 11. Independent Gonsultant. At all times and for all purposes herein, the Consultant is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Consultant an employee of the City. '12, Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. Tile Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01. et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 13. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 14. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for Herein shall be honored by the City. 15. Severabitify. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 16. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein, 17. Compliance with laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. The Consultant and City, together with their respective agents and employees, agree to abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 18. Waiver: Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 19, Indemnificatiom Consultant agrees to defend, indemnify and hold the City, its officers, and employees harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney's fees, to the extent attributable to a negligent or otherwise wrongful act or omission (including without limitation professional errors or omissions) of the Consultant, its agents, employees, or subcontractors in the performance of the services 4 Rev, 3-29-12 provided by this Agreement and against all losses by reason of the failure of said Consultant fully to perform, in any respect, all obligations under this Agreement. Consultant further agrees to indemnity the City for defense costs incurred in defending any claims, unless the City is determined to be at fault. 20. Insurance. A General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims for bodily injury or death, or for damage to property, including loss of use, which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such Insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. The policy(ies) shall name the City as an additional insured for the services provided under this Agreement and shall provide that the Consultant's coverage shall be primary and noncontributory in the event of a loss. B. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability on this Project: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Comprehensive General Liability $1,500,000 property damage and bodily injury per occurrence $2.000,000 general aggregate $2,000,000 Products -Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1.000,000 combined single limit each accident [shaft Include coverage for all owned, hired and non-owed vehicles. Umbrella or Excess Liability $1,000,000 C. The Comprehensive General/Cornmercial General Liability policy(ies) shall be equivalent in coverage to ISO form CG 0001, and shall include the following; a. Premises and Operations coverage with no explosions, collapse, or underground damage exclusion (XCU). b, Products and Completed Operations coverage. Consultant agrees to maintain this coverage for a minimum of two (2) years following completion of its work. Said coverage shall apply to bodily injury and property damage arising out of the products-completed operations Hazard. 5 Rev. 3-29-12 G. Personal injury with Employment Exclusion (if any) deleted. d. Broad Form CG0001 0196 Contractual Liability coverage, or its equivalent. e, Broad Form Property Damage coverage, including completed operations, or its equivalent. f. Additional Insured Endorsernent(s), naming the "City of Eden Prairie" as an Additional Insured, on ISO form CG 20 10 07 04 or such other endorsement form as is approved by the City. g, If the Writ to be performed is on an attached community, there shall be no exclusion for attached or condominium projects. h, "Stop gap" coverage for work in those states where Workers' Compensation insurance is provided through a state Fund if Employer's liability coverage is not available. i. Severability of Insureds provision, D. Professional Liability Insurance. The Consultant agrees to provide to the City a certificate evidencing that they have in effect, with an insurance company in good standing and authorized to do business in Minnesota, a professional liability insurance policy. Said policy shall insure payment of damage for legal liability arising out of the performance of professional services For the City. Said policy shall provide an aggregate limit of $2,000,000, Said policy shall not name the City as an insured, E. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. In addition to the requirements stated above, the following applies to the insurance policies required under this Paragraph: a, All policies, except the Professional Liability Insurance policy, shall be written on an "occurrence" form ("claims made" and "modified occurrence" forms are not acceptable); b. All policies, except the Professional Liability Insurance policy, shall be apply on a "per project" basis; C. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall contain a waiver of subrogation naming "the City of Eden Prairie"; d. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall name "the City of Eden Prairie" as an additional insured; e. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall insure the defense and indemnity obligations assumed by Consultant under-this Agreement; and f, All polices shall contain a provision that coverages afforded there under shall not be canceled or non-renewed, nor shall coverage limits be reduced by endorsement, without thirty (30) days prior written notice to the City. 6 Rev. 3-29-12 A copy ❑f the Consultant's Certificate of Insurance which evidences the compliance with this Paragraph 20, must be filed with City prior to the stall of Consultant's Work. Upon request a copy of the Consultant's insurance declaration page, Rider andlor Endorsement, as applicable shall be provided. Such dOCLrments evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of tine required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence ❑f insurance, ❑r to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant From, nor be deemed a waiver of, City's right to enforce the terms of Consultant's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. F. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City(including sole negligence)and regardless of the extent to which the underlying occurrence (i,e., the event giving rise to a claim which would have been covered by the specified insurance•) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitalion have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: a. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or b. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen ('15) days of receiving notice from the City. 21. Ownership of Documents. Alf plans, diagrams, analyses, reports and information generated In connection with the performance of the Agreement ("Information") shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Consultant, but any use ❑f the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 7 Rev. 3-29-12 22. dispute ResolutionlMediation, Each dispute, claim or controversy arising from or related to this Service Agreement or the relationships which result from this Agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party- Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect, A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation small be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a Mediated Settlement Agreement, which Agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 23, Gove"drig Law. This Agreement shall be controlled by the laws of the Stale of Minnesota. 24. Conflicts. No salaried officer or employee of the City and no member of the Board of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void, Any federal regulations and applicable state statutes shall not be violated. 25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 263 Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager FIRM NAME �� Lj? r�]Ci ran � 1 �y By: its: 8 resourceful. naturally, BARB engineering and environmenlol consultants April 23,2012 Ms. Leslie Stovring City of Eden Prairie 80HO Mitchell Road Eden Prairie,MN 55344 Re: Improvements on the Properties south of Riverview Road and west of Purgatory Creek and Drainage Improvements along the Minnesota River south of Riverview Road; Eden Prairie Dear Ms. Stovring: Barr Engineering Company is pleased to submit the following work plan and cost estimate for two restoration projects within the Minnesota River Watershed District in Eden Prairie. The first project involves work on the properties south of Riverview Road and west of Purgatory Creek. The second project is the stabilization of a ponding basin riparian to the Minnesota River south of Riverview Road that has failed. The work has been divided into three major Tasks that are summarized in the following paragraphs and attached Table. Tas1c A-Riverview Pond: The City of Eden Prairie recently completed a drainage improvement project along Riverview Road to Purgatory Creels. SIope stabilization measures were implemented to correct seepage problems that occurred during the construction of the drainage improvements, Based on discussions with City staff and our field walk on January 11, 2012 and February 9, 2012 of the properties south of Riverview Road and west of Purgatory Creek the following is recommended; 1) additionaI review of the drainage patterns along Riverview Road to ensure that flow continues down the roadway and does not "short-circuit" across City and private property and, 2) provide technical assistance in meeting Barr Engineering Co. 4700 West 77th Street, Sulle 200,MInneopolis,MN 55435 952.832.2600 www.borr.com April 23,2012 Page 2 the requirements of the Wetland Conservation Act regarding wetland impacts from the completed slope stabilization,Task A work tasks and cost estimate are summarized on the attached table. Task B—Saunders Property Again based on our field walk of the area on January 11, 2012 and February q, 2012 and discussions with City staff and area residents, several improvements were discussed on the Saunders property, An existing spring, seep, flows from the western hill slope on City property, crossing the Saunders property, to Purgatory Creek. An existing "temporary" timber crossing of the seep provides vehicle access across the Saunders property to adjacent private property_ A plan would be prepared that would provide a defined/stabilized conveyance of water from the spring to the creek and a permanent vehicle access crossing of the spring. Several crossing options would be presented to meet the goals of the property owners and requirements of the regulatory agencies. We will meet with the property owners to discuss the options prepared. The City has indicated that this area has been Identified as wetland. The recommended improvements in this area would be developed to meet the requirements of the Wetland Conservation Act(WCA). A cursory inspection of the existing (new) storin sewer outlet at the creek was made and a ininimaI "washing away" of the rip-rap at the outfall was noticed. It is recommended that a more thorough review of existing conditions be made and further recommendations, as necessary, be made regarding the stabilization at the storm sewer outlet and within the channel of Purgatory Creels. Task B work tasks and cost estimate are summarized on the attached Table. Task C -Minnesota River Ponding Basin: The existing storm water basin riparian to the Minnesota River south of Riverview Road has failed due to high flow conditions within the river and outflow velocities from the storm water system handing runoff from the upstream watershed area. The following is a list of work tasks to stabilize this area that continues to erode. • Based on our meeting with the Minnesota Pollution Control Agency on February 7, 2012, possible solutions to stabilize the existing erosion problem were discussed. It was proposed that the existing eroded channel from the storm sewer outlet to the river be stabilized and to continue to provide conveyance to the river. The MPCA appeared to be receptive to this proposed solution. With this noted, we propose to provide a plan that will provide a stabilized channel from the storm sewer outlet to the Minnesota River based on upstream flow conditions. April 23,2012 Page 3 • A plan will be prepared for a berm to be constructed on the west side of the ❑utlet channel. The berm will minimize further erosion from occurring by minimizing Flow from reaching the existing scarp area. A preliminary design would recommend side slope of 4:1 for the berm with stabilization of the side slopes with rip-rap. • A plan will be prepared for "cutting down" the vertical slope area of the scarp area along tine river to provide a more stable condition. The proposed bank slope would range between a 5 to-6:1slope.The material excavated would be used for the construction of the berm, • The attached Figure shows the location of the proposed work areas. ■ Prior to the commencement of design work, a meeting with the MPCA will be arranged to obtain their concurrence of the proposed corrective measures. • Construction documents for the proposed improvements will be prepared. Additional work tasks will include construction staking, construction observation, preparation of Record Drawings for the project, assistance in obtaining the necessary permits from the various regulatory agencies for the project and attendance at two meetings with the City and regulatory agencies regarding the project. Task C work tasks and cost estimate are summarized on the attached Table. We propose to complete the work as outlined and summarized in the attached Table at a cost not to exceed $79,000 without written authorization. Additional meetings, as requested with the City, regulatory agencies and property owners will be billed on a time and expenses basis in addition to the project cost. We can commence work on the project within two weeks from receiving notice to proceed and anticipate the construction documents be completed within G weeks. We look forward to the opportunity of working with the City. If you have any questions or request additional information, please give me a ca11 at 952-832-2857. :ere' , ob rt C.Cberme rr E. Vice President `. 'fi y, Y _r. � ��ry•, _Y t t..��. .� a+�._ .. -_ J � � •r � .'J�yY .. �f,,� r � ��" _�Y� '}� _ r-i7�lt•�� �-'�� ' ti i�1.f.4�' I ,ol _ S_ •• Vw, • r r. ♦ .�' sly .,, i1 . `�/�;�•, s •- x:e f..-- -" 't'�,.�. •d� G7 �/'V l� or 'i.e;-hl r MI ; j '� ► +i '`'}�iJ]�S C� i})IIlwCC} }ic91151(P.1 - � .�ti •7�rY `4� �- �� •�� � �� , 1. �' .L RIVERVIEW POND Eden Prairie, MN Cost Estimate for Minnesota River Ponding Basin Modifications and Riverview Roar!Area West of Purgatory Crook Edon Prairie,Minnesota Pnnapat Senw• Smal WR Senior „ivli Fiam £Urvcr Crcj GIS! AdmrN Cink Epvwmx NIR GeWurl�rsr:n Uc:iOr• Weiland Cwk Welland Cvels.pnl CARD Wrinl Pn�1 SARR TIME EXPENSES Task Engineer Des�gr:gr Err�rlrr�ry E':ylrmnr Sdsnlnl Engineer SCiardi5l Tarh Sarv+iuN T ask A-Rk"rylow Pans Roadway Dratruuo R.rvlaw 1 1 a SW VU0 S1,040 Roden Pmteclron 1 1 1 $370 SD $370 Re Luake Welland Area 1 im fmm Prgu Prora_t 1 16 4 S2,3W SSW SIM Wrr1 pny Wdhm 911 Are4 .1 2 wo $50 S550 sas2a aRk B-S=udem PruperSy C:MWyWu Solt"Through Weil.-Vies 10 Convey snap 1 1 I SvEf3 Sltq S7B0 Vehkse Crosairq Aimgn of(;okivoyance SYRNM 4 6 a $7.000 Stna $2.100 Creek Ctionnal S;andnalion •t 2 S?W 5250 $1,030 WCA Adminlslralktn aiwl PuFNI 2 2 16 2 52520 5500 S3,020 MDNR Permit 2 2 2 4 $1.220 5750 S1,970 Meetings wAh Proparly own," 4 2 S940 $150 $1.090 $9,990 T.nsk C-Nnireaota River Pond Deslpn and CakuWn , 1 4 1 t r $1,315 50 51,315 Runwtr and S1om1 suwlrr n.,ersting 2 2 1 1 Id 52,575 $250 SZO25 Plan Prep 31W ri T tl 40 2 U.795 5250 $6.045 Plan Pa ow arse G&ufic.1hn11 1 2 1 T SR95 $too S1.R95 Foal Plan-epratici, 2 P A ri SlAw 5250 S1.510 Prepare SFrcrli ailiom E 4 1 a _ 24 a UAW M 55.580 Sid Form 2 _ •1 5790 sm SW Spealiramn Ro Imv and Cer1111CSUon 1 2 1 2 $750 $100 sm MPCA Agei"Review 2 2 2 2 $1,120 $100 51.220 Fn21 Spe[ilk Ulkm prepgralwn 2 2 4 2 11,690 5200 $1 790 Printing al Cnnsl ririll n AgcumonL% - 4 $460 $1,00 $1,460 Adverlf5mn t rn Hide 1 2 $265 $100 5365 Bid opening 1 J 1 5565 Sf00 $665 Bq TaWalinn 1 4 t 2 S935 $100 $1.035 Carr>rW ANAWd,And W96n to P1oClied t 1 t 5350 S l00 S450 MONR Peml 2 2 2 _ _ 2 2 2 2 $2.250 5250 52.5m Corps al t'F%QIIIW!Pcnnil 2 2 2 2 7 2 2 2 2 $2.250 S:SO SUM MP CA Perrml 2 2 11) $1.710 $150 $7460 WCA Adn mirabon t 2 2 %50 $250 9910 Consiruction 5WkinO 40 $3,400 51,500 S4,y00 Caminr,66n Clini kvpplgn 5 0 6 40 $6.920 SIW $7.670 Record Survey 40 $3.400 41,SW S4,900 Record Drawelge 1 2 R 74 2 $3,350 $SOD $3.850 Meelings and Mininmiralkm 18 12 R P 2 56,590 $SOD 57,090 $64,095 iptal 51 59 2ti 43 27 b6 31$ -S 14 4B DO a9 59 $61,215 S I I Ago78,655 TOTAL $713.000 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May A DEPARTMENTDIVISION: ITEM DESCRIPTION: I.C. 11579 ITEM NO.: V. Randy Newton Approve Plan and Specifications for the Flying Public Works /Engineering Cloud Drive Sanitary Sewer Replacement Prokct Rifth Move to: Approve plan and specifications for C.49Flying Cloud Drive Sanitary Sewer Replacement Prokct. Sp With the assistance of lflPCIic.the E ngineering Division has prepared plans and specifications for the Flying Cloud Drive Sanitary Sewer Replacement Prokct. The prokct is being coordinated with MnDU and L-hnepi n County§ adkcent storm sewer replacement prokct. Bl#fn The sanitary sewer under Flying Cloud Drive between Technology Drive and Eden Road is failing and is need of the replacement. Staff has been monitoring the condition of the pipe and it has been gradually worsening over the past several years. The pr okct is being coordinated with MnDU and L-Imepin County§ storm sewer replacement prokct which is also failing and is immediately adkcent to the sanitary sewer. The prokcts are being coordinated to minimize impacts and disruptions to adkcent businesses an d the traveling public. Construction of the prokcts are scheduled to occur in September and Oober of this year. FHjn The construction cost of the Flying Cloud Drive Sanitary Sewer Replacement Prokct is estimated to be The prokct will be pa id for by the Sanitary Sewer fility Fund. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May J(D DEPARTMENTDIVISION: ITEM DESCRIPTION: I.C. 12530 ITEM NO.: V. Mary Krause Award Contract for @Bituminous Crack Public WorksEngineering Sealing to Precision Sealcoating, hc. Rifth Move to: Award contract for @Bituminous Cr ack-Sealing to Precision Sealcoating, Iic.in the amount of 00 Sp Sealed bids were received Thursday, April �ffor the @Bituminous Crack Sealing. Three bids were received as follows: Precision Sealcoating, he. American Pavement Solutions, he. SD Fahrner Asphalt Sealers, LLC Bl#fn Street bituminous cracksealing is an annual street maintenance prokct in preparation for the (kealcoat prokct. Cracksealing for bituminous trails and parking lots has also been included this year. The street gantities include some of the recent overlay areas as well as a portion of the proposed aealcoat prokct area. Prices increased approitnatel y mom trices. The operating and maintenance budget for street cracksealing is finder budget item%with the balance of the funding coming from the CP Pavement Manage ment fund. The trail and parking lots cracksealing portion of the prokct is funded through the Parks Division under maintenance. Staff recommends award to Precision Sealcoating, he. Ain (Bid Results 2012 CWk Ci,fEiPhI.C. 110575 PishIo FlAlSi AiRtflkIIn EST. UNIT UNIT UNIT NO DESCRIPTION VY. UNIT PRICE TOTAL PRICE TOTAL PRICE TOTAL 1 Joint Sealant on Bituminous Streets and Parking Lots 1) SqT 40 2 Joint Sealant on Bituminous Trails 9 S4 83 TOTAL BASE BID 00 0 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May J(D DEPARTMENTDIVISION: ITEM DESCRIPTION: I.C. 10570 ITEM NO.: 19. Mary Krause Award Contract to Parrott Contracting, Iic.for Public Works /Engineering the Prairie Center Drive Watermain Prokct Rifth Move to: Award Contract for the Prairie Center Drive watermain prokct to Parrott Contracting, Iic.in the amount of 31 Sp Bids were received on Thursday, April 9ffor th e Prairie Center Drive watermain prokct. Five bids were received and are tabulated as indicated on the attached Bid Tabulation. Bl#fn This prokct consists of installi ng a section of watermain from W.S "' Street to Prairie Lakes Drive to complete a watermain loop to improve operations of the water system. A second component of the prokct includes the replacement of a section of watermain that is necessary due to numerous repairshreaks that have occurre d on the line over the past few years. The low bid is mower than the Engineer§ Estimate for the prokct of OD The prokct will be financed with the fility Water Fund. Ain • lflP(B:ecommendation of Award • Bid Tabulation 11 Engineering Surveying Landscape Architecture 1 � J April 20,2012 Ms. Mary Krause City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Re: Construction Bids for Prairie Center Drive Watermain, I.C. #10-5780 Dear Ms. Krause, Bids were received and opened at 10:00 a.m. on Thursday April 19, 2012 for the above referenced project. The bids are shown on the attached Summary of Bids. The Engineer's Estimate for this project was $262,510.00. The low bidder, Parrott Contracting, Inc.,came in 15% below the Engineer's Estimate with a bid of$221,941.50. Recommendation is made that the City Council awards I.C. 10-5780 to Parrott Contracting, Inc. in the amount of $221,941.50. This recommendation considers that the City Council reserves the right to waive minor irregularities and further reserves the right to award the contract in the best interests of the City. Respectfully, Hansen Thorp Pellinen Olson, Inc. Laurie A.Johnson,P.E. 7510 Market Place Drive Enclosures Eden Prairie, MN 55344 952-829-0700 952-829-7806fax www.htpo.com HANSEN . . Bid Tabulation 4-19-2012 Prairie Center Drive Watermain City of Eden Prairie I.C. #10-5780 Preserve Boulevard Intersection Northdale Construction ENGINEERS ESTIMATE Parrott Contracting,Inc. G.L.Contracting,Inc. G.M.Contracting,Inc. G.F.Jedlicki,Inc. Company,Inc. ITEM UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL No. ITEM QTY UNIT PRICE PRICE PRICE PRICE PRICE PRICE 1 Mobilization 1 Lump Sum �D $4,000.00 $4,000.00 $4,112.00 $4,112.00 $6,650.00 $6,650.00 $3,000.00 $3,000.00 $20,293.38 $20,293.38 2 Traffic Control 1 Lump Sum 13 $1,000.00 $1,000.00 $2,184.00 $2,184.00 $5,500.00 $5,500.00 $2,145.00 $2,145.00 $1,850.00 $1,850.00 3 Tree Removal 5 Each 0 �D $250.00 $1,250.00 $280.00 $1,400.00 $232.04 $1,160.20 $250.00 $1,250.00 $285.00 $1,425.00 4 BR Black Us Spruce-Picea Glauca Densat a 3 Each 0 1) $450.00 $1,350.00 $470.40 $1,411.20 $412.28 $1,236.84 $500.00 $1,500.00 $806.25 $2,418.75 Emerald Lustre Maple- cer atano es 5 Pond" 2 Each 0 0 $450.00 $900.00 $579.00 $1,158.00 $412.28 $824.56 $500.00 $1,000.00 $483.75 $967.50 6 Concrete Walk Removal @ SqY 0 0 $4.00 $680.00 $7.60 $1,292.00 $5.13 $872.10 $5.00 $850.00 $8.25 $1,402.50 7 Curb and Gutter Removal 0 Lin.Ft 0 0 $3.50 $105.00 $4.00 $120.00 $4.00 $120.00 $5.00 $150.00 $12.50 $375.00 8 Remove Watermain and Related Appurtenances 0 Lin.Ft. 0 $5.00 $1,350.00 $8.70 $2,349.00 $1.50 $405.00 $10.00 $2,700.00 $6.85 $1,849.50 9 ZDP C1assS 7 Lin.Ft. 6 0 $50.00 $350.00 $49.90 $349.30 $44.25 $309.75 $34.00 $238.00 $38.86 $272.02 10 ®P CL&le)Ring Joint Pipe 0 Lin.Ft 0 $66.00 $17,820.00 $88.10 $23,787.00 $65.02 $17,555.40 $76.00 $20,520.00 $84.03 $22,688.10 11 Wrant with i1=',ate Mve 1 Each $5,100.00 $5,100.00 $5,085.70 $5,085.70 $6,864.70 $6,864.70 $4,900.00 $4,900.00 $4,774.50 $4,774.50 12 Cate Mve 2 Each $3 $1,950.00 $3,900.00 $Z599.401 $5,198.80 $2,879.84 $5,759.68 $2,900.00 $5,800.00 $2,492.23 $4,984.46 13 MJ Fittings 0 LB 0 $5.00 $1,050.00 $4.70 $987.00 $5.00 $1,050.00 $5.00 $1,050.00 $3.551 $745.50 14 Pipe Bedding Binder Stone 3 Ton 0 $24.00 $8,040.00 $21.60 $7,236.00 $24.96 $8,361.60 $24.00 $8,040.00 $0.01 $3.35 15 Topsoil Borrow kV 0 Cu.cY 0 9 $20.00 $1,000.00 $26.90 $1,345.00 $18.50 $925.00 $15.00 $750.00 $28.75 $1,437.50 16 Sod Nopsoil 0 ScY. 0 30 $5.10 $3,978.00 $7.50 $5,850.00 $6.00 $4,680.00 $6.00 $4,680.00 $6.70 $5,226.00 17 Silt Fence m Lin.Ft. 0 0 $3.25 $357.50 $1.60 $176.00 $4.79 $526.90 $5.00 $550.00 $3.85 $423.50 18 Curb filet Protection 1 Each 0 0 $150.00 $150.00 $504.00 $504.00 $154.42 $154.42 $100.00 $100.00 $150.00 $150.00 19 Construction Fence 0 Lin.Ft. 0 0 $6.00 $1,500.00 $5.60 $1,400.00 $1.72 $430.00 $2.00 $500.00 $4.85 $1,212.50 20 Street Sweeping 3 hhr $ 0 $130.00 $390.00 $280.00 $840.00 $107.89 $323.67 $140.00 $420.00 $150.001 $450.00 21 Wear Course 6PWEAB)2 4 Ton $ 0 $225.00 $900.00 $109.80 $439.20 $175.00 $700.00 $110.00 $440.00 $105.35 $421.40 22 Nonwear Course 6PNWBB)4 8 Ton $ 0 $225.00 $1,800.00 $109.80 $878.40 $175.00 $1,400.00 $110.00 $880.00 $105.35 $842.80 23 Bituminous Tack Coat 2 Gal 0 0 $10.00 $20.00 $3.40 $6.80 $10.31 $20.62 $5.00 $10.00 $3.23 $6.46 24 Concrete Walk @ S 0 $51.00 $8,670.00 $56.40 $9,588.00 $36.641 $6,228.80 $39.00 $6,630.00 $31.28 $5,317.60 25 Select Granular Borrow 0 Ton 0 $10.00 $700.00 $18.40 $1,288.00 $12.00 $840.00 $18.00 $1,260.00 $44.17 $3,091.90 26 CL SAggregate Base gushed Barry rock g Ton 0 0 $20.00 $400.00 $20.50 $410.00 $30.84 $616.80 $26.00 $520.00 $58.41 $1,168.20 27 higation System Repair 1 Each $350.00 $350.00 $392.00 $392.00 $400.00 $400.00 $1,500.00 $1,500.00 $625.001 $625.00 28 B4Curb and Gutter 0 Lin.Ft. 0 0 $45.00 $1,350.00 $35.80 $1,074.00 $28.86 $865.80 $30.00 $900.00 $23.111 $693.30 ie existing valve to FH tee,replace bolts in valve, 29 remove valve boxand wrap valve&)dsin poly 1 Each 31 $1,550.00 $1,550.00 $540.70 $540.70 $979.23 $979.23 $3,100.00 $3,100.00 $2,128.70 $2,128.70 Subtotal: $1,600.00 $70,010.50 $81,402.10 $75,761.07 $75,383.00 $87,244.42 Prairie Lakes Drive to West 78th Street Northdale Construction ENGINEERS ESTIMATE Parrott Contracting,Inc. G.L.Contracting,Inc. G.M.Contracting,Inc. G.F.Jedlicki,Inc. Company,Inc. ITEM UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL No. ITEM QTY UNIT PRICE PRICE PRICE PRICE PRICE PRICE 1 Mobilization 1 Lump Sum $4,000.00 $4,000.00 $4,112.00 $4,112.00 $8,500.00 $8,500.00 $6,000.00 $6,000.00 $20,888.07 $20,888.07 HTPO 10-038 Bid Tabulation 4-19-2012 Prairie Center Drive Watermain 2 Traffic Control 1 Lump Sum �D $1,000.00 $1,000.00 $5,544.00 $5,544.00 $7,000.00 $7,000.00 .0 4 0 3 Tree Removal 1 Each 0 0 $350.00 $350.00 $280.00 $280.00 $400.00 $400.00 $40 .00 $400.00 $385.00 $385.00 4 Concrete Walk Removal 6 ScY $ 0 $5.00 $250.00 $7.60 $380.00 $7.10 $355.00 $5.00 $250.00 $8.50 $425.00 5 Curb and Gutter Removal i Lin.Ft 0 0 $3.50 $402.50 $4.00 $460.00 $3.00 $345.00 $5.00 $575.00 $12.50 $1,437.50 6 Pavement Removal ® SqY 0 3) $5.00 $1,400.00 $7.60 $2,128.00 $3.25 $910.00 $5.00 $1,400.00 $7.50 $2,100.00 7 (DP CL S 4 1 in.Ft. 6 0 $50.00 $700.00 $49.90 $698.60 $43.43 $608.02 $34.00 $476.00 $69.24 $969.36 8 ®P CL S to Lin Ft 0 $60.00 $6,300.00 $68.701 $7,213.50 $62.79 $6,592.95 $57.00 $5,985.00 $85.27 $8,953.35 9 Drilled 0 Lin.Ft. 0 j $67.00 $83,750.00 $60.00 $75,000.00 $68.50 $85,625.00 $79.00 $98,750.00 $77.41 $96,762.50 10 Wrant with Cate Mve 2 Each 3) $5,100.00 $10,200.00 $5,085.70 $10,171.40 $5,710.06 $11,420.12 $4,900.00 $9,800.00 $5,613.65 $11,227.30 11 Want Etension 1 Each 0 0 $550.00 $550.00 $800.40 $800.40 $665.00 $665.00 $850.00 $850.00 $631.90 $631.90 12 Cate Mve 1 Each $33 $1,950.00 $1,950.00 $3,206.00 $3,206.00 $2,892.62 $2,892.62 $2,900.00 $2,900.00 $2,492.23 $2,492.23 13 &Vet Tap wfUate Mve 1 Each $33 $4,750.00 $4,750.00 $4,690.40 $4,690.40 $4,650.82 $4,650.82 $4,600.00 $4,600.00 $6,126.76 $6,126.76 14 MJ Fittings ® LB 0 $5.00 $Z050.00 $4.70 $1,927.00 $5.00 $Z050.00 $5.00 $Z050.00 $3.79 $1,553.90 15 Pipe Bedding-Sand-Gravel Material 0 Ton 0 0 $10.00 $300.00 $18.40 $552.00 $8.99 $269.70 $12.00 $360.00 $16.50 $495.00 16 Pipe Bedding-Binder Stone 0 Ton 0 0 $24.00 $720.00 $36.00 $1,080.00 $24.96 $748.80 $48.00 $1,440.00 $28.50 $855.00 17 iisulation Board 9 Scyt. 0 0 $3.00 $600.00 $6.20 $1,240.00 $2.00 $400.00 $5.00 $1,000.00 $4.89 $978.00 18 Topsoil Borrow LV 0 Cu.Y 0 13 $20.00 $1,200.00 $26.90 $1,614.00 $18.50 $1,110.00 $15.00 $900.00 $28.75 $1,725.00 19 Sod and Topsoil (0 ScY 0 $3 $5.10 $1,071.00 $7.50 $1,575.00 $6.00 $1,260.00 $6.00 $1,260.00 $6.70 $1,407.00 20 Seed and Topsoil 0 Acre �D 0 $4,000.00 $320.00 $5,600.001 $448.00 $3,679.63 $294.37 $3,800.00 $304.00 $3,837.751 $307.02 21 Erosion Control Blanket-Category 2 0 ScY 0 0 $2.501 $925.00 $2.80 $1,036.00 $1.70 $629.00 $2.00 $740.00 $1.77 $654.90 22 Silt Fence (D Lin.Ft 0 $3.25 $1,007.50 $1.60 $496.00 $4.79 $1,484.90 $5.00 $1,550.00 $3.85 $1,193.50 23 Curb Islet Protection 3 Each 0 6 $150.00 $450.00 $504.00 $1,512.00 $154.17 $462.51 $100.00 $300.00 $150.00 $450.00 24 Street Sweeping 2 bbr $ 0 $130.00 $260.00 $280.00 $560.00 $107.07 $214.14 $140.00 $280.00 $150.00 $300.00 25 Wear Course 6PWEAB)2 0 Ton $ �D $150.00 $4,500.00 $109.80 $3,294.00 $150.00 $4,500.00 $110.00 $3,300.00 $105.35 $3,160.50 26 Nonwear Course 6PNWBB)4 0 Ton $ 01 $150.00 $9,000.00 $109.80 $6,588.00 $150.00 $9,000.00 $110.00 $6,600.00 $105.35 $6,321.00 27 Bituminous Tack Coat I Gal $ 0 $10.00 $150.00 $3.40 $51.00 $4.12 $61.80 $5.00 $75.00 $3.231 $48.45 28 Concrete Walk 6 SqY 0 $51.001 $2,550.00 $56.40 $2,820.00 $36.64 $1,832.00 $39.00 $1,950.00 $42.28 $2,114.00 29 Select Granular Borrow 9 Ton $ 0 $10.00 $200.00 $18.40 $368.00 $12.06 $241.20 $18.00 $360.00 $44.17 $883.40 30 CL-'Aggregate Base gushed Barry rock 6) Ton 0 $20.00 $3,200.00 $20.50 $3,280.00 $18.73 $2,996.80 $26.00 $4,160.00 $48.36 $7,737.60 31 B4Curb and Gutter I Lin.Ft. 0 $45.00 $5,175.00 $35.80 $4,117.00 $28.86 $3,318.90 $30.00 $3,450.00 $23.11 $2,657.65 32 figation System Repair 1 Each 1 $350.00 $350.00 $392.00 $392.001 $400.001 $400.001 $1,500.001 $1,500.00 $625.00 $625.00 Replace bolts in existing valve,remove valve oxan 33 wrap valve in poly 2 Each $1,150.00 $2,300.00 $540.70 $1,081.40 $537.74 $1,075.48 $4,100.00 $8,200.00 $1,875.00 $3,750.00 Subtotal: $0,90.00 $151,931.00 $148,715.70 $162,314.13 $177,165.00 $192,090.89 TOTAL BID: $262,510.00 $221,941.50 $230,117.80 $238,075.20 $252,548.00 $279,335.31 HTPO 10-038 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May J(D DEPARTMENTDIVISION: ITEM DESCRIPTION: ITEM NO.: M Robert Ellis, Director Miance Regest for hlited L-klthcare Public Works Services hc.for City West Corporate Addition Phase Three Security Rifth Move to: Adopt resolution granting hlited filth care Services hc.a vari ance from City Code Section ff;ubdE. Sp hlited L- lth Group has regested a variance fro m City Code Section ff;ubd.9, regiring that security be provided for public improvements. Bl#fn hlited filth Group 13)plans to phase the cons truction of their four buildings through three phases. Buildings land 2vill be completed in phase one. Building 3vill be completed in phase two. Building 4will be completed in phase three. $will immediately provide security regired for the public improvements needed for phases one and two. Uvever, $ is regesting a variance to provide security now for the public improvements needed for phase three. The public improvements needed for phase three include water main and sanitary sewer along West 6 nd Street and on the eastern side of their property. Prior to approval of the building permit for phase three or the construction of the SWLRT station, $will be regired to submit security for these improvements. This regest is being made due to the fact the public improvements for phase three will not be necessary for Bite some time. City staff is supportive of this regest du e to the length of time between the filing of the final plat and the need for the improvements. Ain • Resolution • hlited filth Group Regest Letter • Summary of Construction Costs CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2012- RESOLUTION GRANTING UNITED HEALTHCARE SERVICES, INC. A VARIANCE FROM CITY CODE SECTION 12.50, SUBD. 9 WHEREAS, hated kalthCare Services, hc.bereina fter Iiited)has applied for a variance from City Code§Subd.9 regiring the security for Phase I of the City West Corporate Addition be submitted prior to City etcution of the final plat;and WHEREAS, hlited plans to construct City West Cor porate Addition in three phases. Buildings land 2vill be completed in Developer§ Phase I Building 3vill be completed in Developer§ Phase I Building 4will be comp leted in Developer§ Phase land WHEREAS, Developer§ Phase Iwill consist of Building Jas well as hfrastructure hiprovements outlined on Ehibit A attached hereto and made a part hereof;and WHEREAS, it is anticipated that the construction on Developer§ Phase Iwill not begin for some time;and WHEREAS, hated regests a variance allowing the security regired under City Code SubdA to be submitted prior to the earlier of the issuance of building permits for Developer§ Phase Ior the opening of the passenger station for the Southwest Light Rail Transit System as identified in the Development Agreement dated March 69between the City and hlited kk1thCare Services, hc;and WHEREAS,pursuant to Minn.S tat.§Subd. Sand City Code §Subd.1 variance may be granted if the City finds that an undue hardship emits. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: 1 The City finds that undue hardship ex ists under Minn.S tat.6S ubd.(and City Code §Subd.Xor hlited to provide financ ial security prior to etcution of the final plat for work that will not be done for some time and that will be completed as an entirely separate phase of the prokct. 2 The City further finds that granting the va riance will not create a detriment to public welfare and will not impair the intent and purpose of the regulations. 3 The City hereby grants the variance on th e following condition: security regired by City Code §Subd.9 shall be in an amount egal to Sf the Total identified on Ehibit A, attached hereto and made a part hereof, for hfrastructure hiprovements all of which shall be constructe d by hlited and shall be delivered to the City in such form and substance as approved by the City Engineer, and the security shall be posted prior to the earlier of: the issuance of a permit for any work on Developer§ Phase Iof the City West Corporate Addition identified in the Development Agreement dated March 6 between the City and kited L-k1thCa re Services, he, including but not limited to any work on Building 4)r on any of the hfrastructure hiprovements outlined on Ehibit A, or (i) the opening of the Southwest Light Rail passenger station as identified in the Development Agreement dated March 69between the City and kited L- lthCare Services, he. ADHTED by the Eden Prairi e City Council on May A Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk Shdy OalRoad Property-Future Pulic Infrastructure Cost Estimate 4/12012 Estimated Inflated Unit Total Description Unit Quantity Quantity Price Price SANITARY SEWER Remove Plug&onnect to Existing Sanitary Sewer EACH 1 1 1000.00 $,000.00 8'PU Sanitary Sewer 40'16'Depth) L.F 454 477 26.00 $2,402.00 8'PU Sanitary Sewer 46'22'Depth) L.F 863 906 41.00 $7,146.00 Standard 48'Diameter Manhole 0-8'Depth) EACH 5 5 2600.00 $3,000.00 Extra Depth 48'Diameter Manhole V7 35.2 37 105.00 $,885.00 Sulutal Sanitary Sewer $,43)0 WATER MAIN Connect to Existing Wr Main EACH 2 2 1000.00 $,000.00 6'DIP Wr Main All Depths) L.F 53 56 30.00 $,680.00 10'DIP Wer Main(AL11 Depths) L.F 3,293 3458 37.00 $27,946.00 Prant with Auxiliary dive EACH 2 2 3250.00 $,500.00 Fttings Ductile Iron6WC-153) LB. 1,408 1478 3.50 $,173.00 SubAal Water Main $4;29)0 STORM SEWER 15'RC Pipe,Class'VIl depths) L.F 797 837 27.00 $2,599.00 18'RC Pipe,Class VIl depths) L.F 176 185 29.00 $,365.00 2'x 3'Catch Basin EACH 4 4 1150.00 $,600.00 48'Diameter CBMSTM10-8'Depth) EACH 5 5 1600.00 $,000.00 15'RC Fared End Section wTrash guard EACH 1 1 1200.00 $,200.00 18'RC Fared End Section wTrash guard EACH 1 1 1500.00 $,500.00 Class 3 Rip Rap Type Limestone) C.Y 10 11 80.00 $80.00 Granular Bter C.Y 5 5 45.00 $25.00 SubAal Storm Sewer $4,0)0 SUMMARY Sulutal Sanitary Sewer SubAal Water Main 0 SubAal Storm Sewer 0 TOTAL 0 Opinions of Probbe Construction Cost CONULTAn opinions of probable Construction Cost provided for herein are to be made on the basis of CONULTAn experience and qualifications and represent CONULTAn best judgement as an experienced and qualified professional generally familiar with the industry. Uvever,since CONaJLTAII:has no control over the cost of labor,materials,equipment,or services furnished by others,or over the Contractors methods of determining prices,or over competitive bidding or market conditions,CONULTAIK cannot and does not guarantee that proposals,bids,or actual Construction Cost will not vary from opinions of probable Construction Cost prepared by CONULTAIR If 011R wishes greater assurance as to probable Construction Costs,01HR shall employ an independent cost estimator. t UnitedHealth Group" April 23, 2012 Mr. Robert Ellis Public Works Director City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Variance Request Dear Mr. Ellis: Regarding UnitedHealth Group's (UHG) proposed development at the southeast quadrant of Shady Oak Road and Highway 62, UHG requests a variance from the requirement under City Code Section 12.50 Subd. 4B that UHG post security for the Phase III improvements prior to execution of the final plat- The Fhase III improvements are defined in the Development Agreement between UHG and the City of Eden Prairie apprcved March 6. 2012 by the City Council. As a condition of this variance.. UHG agrees to post the security before any permit is issued for the Phase III work. Sincerely. Dave Pelner Senior Director Real Estate Services UnitedHealth Group 952.936,1659 cc, Richard Rosow, City Attorney CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May A DEPARTMENTDIVISION: ITEM DESCRIPTION: Adopt Resolution ITEM NO.: V Randy Newton Approving Construction Cooperative Agreement for the Northern Segment of the Public Works /Engineering Shady bk Road hiprovements C.49 Rifth Move to: Adopt resolution approving Cons truction Cooperative Agreement No.PW 44 lwith L-hnepin County and the City of Minnetonka for the northern segment of the Shady bk Road hiprovements. Sp This Construction Cooperative Agreement defines the financial and maintenance responsibilities associated with the Shady bk Road CSAWprovements. Bl#fn The Construction Cooperative Agreement details the responsibilities of the City of Eden Prairie, the City of Minnetonka, and L-hnepin County in implementing and maintaining the northern segment of the Shady bk Road hiprovements. h regards to maintenance responsibilities, the Agreement is consistent with other similar agreements that have been previously approved with hhnepin County. h addition, the Agreement provides for OUn cost participation from hhnepin County for the trail along the west si de of the roadway. Minnetonka has no cost participation in the prokct. The northern segment of the Shady Road hiprov ements will provide additional capacity along Shady a Road and includes the widening a nd reconstruction of Shady a Road from approitnately ®feet north of Rowland Road to north of the tthway BNorth Ramp intersection. The proposed prokct will add turn lanes, trails and a median along Shady a Road. h addition, new traffic signals will be provided at the City West Parkway (d Shady a Road) Ithway BSouth Ramp West 6 nd Street)and the H ghway BNorth Ramp intersections. Construction on this phase is anticipated to begin in late Iknd etend through Ain • Resolution • Construction Cooperative Agreement No.PW 441 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2012- APPROVE CONSTRUCTION COOPERATIVE AGREEMENT FOR THE NORTHERN SEGMENT OF THE SHADY OAK ROAD C'SAH 61)IMPROVEMENTS I.C. 11579 WHEREAS, the City of Eden Prairie is preparing construction plans for the construction of Shady bk Road CSAfVrom approximately ®feet north of Rowland Road to north of Red Circle Drive;and WHEREAS, the construction plans are consistent with the approved layout;and WHEREAS, a Construction Cooperative Agreement has been prepared by L-Imepin County which identifies the maintenance and financial obligations for the construction of said improvements. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that said Construction Cooperative Agreement No. PW 441for County Prokct No. 2City Prokct 4�s hereby approved and the Mayor and City Manager are authorized to etcute the Agreement on behalf of the City of Eden Prairie. ADOPTED by the Eden Prairie City Council on May A Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk Agreement No.PW 54-49-11 County Project No. 1123 County State Aid Highway No. 61 City of Eden Prairie City of Minnetonka County of Hennepin CONSTRUCTION COOPERATIVE AGREEMENT THIS AGREEMENT, Made and entered into this day of , 2012, by and between the County of Hennepin, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County", and the City of Eden Prairie, a body politic and corporate under the laws of the State of Minnesota and the City of Minnetonka, a body politic and corporate under the laws of the State of Minnesota, hereinafter collectively referred to as the "Cities". WITNESSETH: WHEREAS, the United Health Group (UHG) is preparing to build a 1,500,000 square foot development on 72 acres along County State Aid Highway No. (CSAH) 61 (Shady Oak Road) south of Trunk Highway (TH) 62 and north of City West Parkway in the City of Eden Prairie; and WHEREAS, the proposed UHG development will house approximately 6,700 employees and will significantly increase the amount of daily traffic in the area; and WHEREAS,in order to provide the necessary public infrastructure improvement required by the construction of the above mentioned UHG development,the Cities and the County desire to bring about improvements to CSAH 61 from north of Rowland Road to north of Red Circle Drive in the cities of Eden Prairie and Minnetonka; and WHEREAS, anticipated improvements to CSAH 61 include the construction of additional turn lanes, raised medians and bituminous trails on and along CSAH 61, and revisions to the interchange with TH 62; and WHEREAS, the abovementioned improvements will be accomplished under City of Eden Prairie Project No. 11-5799 (County Project No. 1123), hereinafter referred to as the"Project"; and - 1 �L Agreement No. PW 54-49-11 CSAH 61; C.P. 1123 WHEREAS,the City of Eden Prairie is the lead agency for the Project, and will be responsible for the design of the Project and the construction contract administration for the Project; and WHEREAS, the City of Eden Prairie has hired the consultant firm of SRF Consulting Group to prepare plans and specifications for the Project, and anticipates starting construction of the Project during calendar year 2012; and WHEREAS,the City of Eden Prairie has requested that the County and City of Minnetonka approve said plans and specifications, and the County and City of Minnetonka have indicated their willingness to approve said plans and specifications; and WHEREAS,the City of Eden Prairie will be responsible for acquiring the necessary new right of way, permanent easements, and temporary easements necessary to construct the Project, and will also be responsible for managing the relocation of private utilities located within County right of way as needed to construct the Project; and WHEREAS,the Cities and the County therefore desire to establish the terms and conditions by which the right of way and easements required for the Project are to be acquired, and the manner and means by which private utilities located within County right of way are to be relocated as needed to construct the Project; and WHEREAS,the Cities and County also desire to establish the terms and conditions by which the Project will be designed and constructed, as well as maintenance and cost participation responsibilities for the Project; and WHEREAS, included in the Project is the installation of permanent traffic control signal systems at the intersections of CSAH 61 at City West Parkway North Junction, CSAH 61 at TH 62 South Ramp,and at CSAH 61 at TH 62 North Ramp; and I WHEREAS,the County maintains and operates the traffic control signal systems at the intersections of CSAH 61 at TH 62 South Ramp and at CSAH 61 at TH 62 North Ramp under the terms and conditions of a"Master Traffic Control Signal Maintenance Agreement"written { periodically between the County and the Minnesota Department of Transportation; and WHEREAS, to ensure compatibility with the County's existing network of traffic signal systems the County will furnish the controllers, control equipment, control cabinets and video detection equipment to be installed as a part of the Project; and WHEREAS, it is contemplated that said work be carried out by the parties hereto under the provisions of Minnesota Statutes, Section 162.17, Subdivision 1 and Section 471.59. f I I E E -2 - � 4 t E E f Agreement No. PW 54-49-11 CSAH 61; C.P. 1123 NOW THEREFORE,IT IS HEREBY AGREED: I i The City of Eden Prairie, at its sole cost and expense, shall be responsible for the acquisition of all new rights of way,permanent easements,and temporary easements required to construct the Project including those areas in the City of Minnetonka. It is hereby understood that the phrase"responsible for the acquisition of as used in this Agreement shall be construed to mean the performance of all tasks and duties necessary and legally required to obtain the right to use the subject properties for the purposes set forth in this Agreement. Said rights may be obtained by,but are not limited to, direct purchase, dedication, donation, or eminent domain. All new right of way, permanent easements, and temporary easements acquired by the City of Eden Prairie to construct the Project must meet the approval of the Administrative Manager for the County's Land Acquisition Group or designated representative prior to being incorporated into the plans for the Project. Upon completion of the Project, all permanent right of way acquired for CSAH 61 as provided herein shall be conveyed to the County by the City of Eden Prairie with no consideration required. Said conveyance shall be within one year after completion of the Project. II The Cities and the County recognize that in order to carry out the joint project work, the facilities of one or more private utilities in the Project area rights-of-way(ROW)will need to be relocated due to interference with the means and methods the City of Eden Prairie and/or the County has selected to carry out the Project work. The City of Eden Prairie acknowledges that the County is the primary ROW manager of CSAH 61 within the Project. The County acknowledges that the City of Eden Prairie has an interest in the management of the County k ROW within the Project boundaries and may be required to.exercise certain rights in the ROW within either of the Cities to carry out the Project work. Accordingly,the County hereby authorizes and delegates to the City of Eden Prairie any and all ROW management authority within either of the Cities that the City of Eden Prairie deems necessary to carry out the Project work, including but not limited to,the right to require private utilities to relocate their facilities. Prior to the City of Eden Prairie's exercise of this right, the City of Eden Prairie.shall provide the County twenty-four (24) hours written notice of the City of Eden Prairie's intended exercise of such a right, including, but not limited to,a - 3 - L Agreement No. PW 54-49-11 CSAH 61; C.P. 1123 description of the scope,duration, and object of the City of Eden Prairie action. The County further reserves the right to withdraw this delegation at any time or carry out the County's ROW management rights concurrently with the City of Eden Prairie. The County and City of Eden Prairie agree that each will cooperate with the other to carry out the intended purposes of the Project and the County will act in ROW management matters to further those purposes as reasonably requested by the City of Eden Prairie. If any portion of this provision is deemed unenforceable, all surviving provisions will remain in full force and effect. Nothing herein is intended to limit the authority of the City of Eden Prairie or the County under Minnesota law to manage ROW in which they have an interest. III The City of Eden Prairie or its agents shall prepare the necessary plans, specifications and proposals; shall advertise for bids for the work and construction; receive and open bids pursuant to said advertisement and enter into a contract with the successful bidder at the unit prices specified in the bid of such bidder. The contract will include plans and specifications approved by the County,the City of Minnetonka and by the Minnesota Department of Transportation Division of State Aid for Local Transportation, also referenced and identified as City of Eden Prairie Project No. 11-5799, County Project No. 1123, and State Project No. 2773-11 respectively, and which said plans and specifications are by this reference made a part hereof. The City of Eden Prairie shall also apply for,and comply with, at its sole cost and expense, all permits and approvals from all other governmental or regulatory agencies as may be required to accomplish the Project. Said permits and approvals shall be obtained prior to start of any construction. Copies of said permits shall be given to the County Engineer or designated representative prior to the start of construction activities. Two (2) sets of approved plans shall be provided at no cost to the County and the City of Minnetonka prior to the start of any construction. IV The City of Eden Prairie will administer the contract and inspect the construction of all the contract work contemplated herewith. However, the County Engineer or designee and/or Minnetonka's City Engineer or designee, shall have the right, as the work progresses,to enter upon the job site to make any inspections deemed necessary and shall cooperate with the City of Eden Prairie's Project Engineer and staff at their request to the extent necessary,but will have no responsibility for the supervision of the work. The County agrees that the City of Eden Prairie may make changes in the afore referenced approved plans or in the character of said contract construction which are reasonably necessary to cause said construction to be in all things performed and completed in a satisfactory manner. - 4- UI` Agreement No. PW 54-49-11 CSAH 61; C.P. 1123 The County Engineer or designated representative shall have the opportunity to review any proposed changes to the plans prior to the work being performed. The County will respond to Eden Prairie's request for approvals within seven (7) calendar days. Similarly, the City of Minnetonka agrees that the City of Eden Prairie may make changes in the afore referenced approved plans or in the character of said contract construction which are reasonably necessary to cause said construction to be in all things performed and completed in a satisfactory manner. The Minnetonka's City Engineer or designated representative shall have the opportunity to review any proposed changes to the plans for work within the City of Minnetonka prior to the work being performed. The City of Minnetonka will.respond to the Eden Prairie's request for approvals within seven(7) calendar days. All direct payments to the Contractor for work performed on the Project will be made by the City of Eden Prairie. V It is understood by the parties hereto that included in the Project is the construction of sanitary sewer and watermain improvements by the City of Eden Prairie or its contractor. It is understood and agreed that the City of Eden Prairie shall provide the County with a complete set of"as built"plans for any and all public infrastructure (sanitary sewer, storm sewer, watermain, traffic signals) constructed as part of the Project. VI It is understood by the parties that UHG will be funding a portion of the costs to construct the Project. Included in the Project is the construction of a bituminous trail along the west side of CSAH 61. It is understood and agreed that the County shall reimburse the City of Eden Prairie for fifty percent(50%) of the construction costs for the bituminous trail not funded by UHG. The County's estimated proportionate share of the construction costs for said bituminous trail is$300,000.00. It is further understood and agreed that the County's maximum cost participation shall not exceed$300,000.00 without an amendment to this Agreement. With the exception of the above mentioned County cost participation, it is understood and agreed by the parties hereto that all other costs for the Project shall be the responsibility of the City of Eden Prairie. Upon completion of the Project by the City of Eden Prairie and acceptance of the work by the County Engineer or a designated representative, the City of Eden Prairie shall invoice the County for one hundred (100) percent of the County's share of the costs for the bituminous trail. Within forty five(45) days after receipt of said invoice, the County shall deposit with the City of Eden Prairie, said County share. - 5 - _ Agreement No. PW 54-49-11 CSAH 61; C.P. 1123 All payments to the City of Eden Prairie must be postmarked by the date due or a late penalty of one (1) percent per month, or fraction thereof, on the unpaid balance will be charged to the County. The County shall pay the amount due as stated on the statement, notwithstanding any dispute of such amount. Should a disputed amount be resolved in favor of the County, the city shall reimburse the disputed amount plus daily interest thereon calculated from the date such disputed amount was received by the city. Daily interest shall be at the rate of one(1%)percent per month on the disputed amount. VII The County will supply the traffic signal cabinets, controllers, video detection equipment and control equipment, including the emergency vehicle preemption (EVP) cards, (County Supplied Equipment) for each of the three permanent traffic control signal systems to be installed as a part of the Project. The City of Eden Prairie agrees to reimburse the County the costs of the County Supplied Equipment. The estimated cost of said County Supplied Equipment is $45,000.00 per traffic control signal system for a total estimated cost of$135,000.00. It is further agreed that said estimate of the costs of County Supplied Equipment is an estimate and that the actual costs of equipment as determined by the County Engineer shall govern in computing the total final apportionment of cost participation by the City of Eden Prairie in the County Supplied Equipment. The County will invoice the City of Eden Prairie for said County Supplied Equipment. Payment shall be made to the County by the City of Eden Prairie for the full amount due on said invoice within forty five(45) days of the invoice date. All payments to the County must be postmarked by the date due or a late penalty of one (1) percent per month, or fraction thereof, on the unpaid balance will be charged to the City of Eden Prairie. The City of Eden Prairie shall pay the amount due as stated on the statement, notwithstanding any dispute of such amount. Should a disputed amount be resolved in favor of the City of Eden Prairie, the County shall reimburse the disputed amount plus daily interest thereon calculated from the date such disputed amount was received by the city. Daily interest shall be at the rate of one(1%)percent per month on the disputed amount. VIII The City of Eden Prairie agrees that any contract let by the City of Eden Prairie or its agents for the performance of the work on County State Aid Highway No. 61 as provided herein shall include clauses that will: 1)Require the Contractor to defend, indemnify, and hold the County and the City of Minnetonka, their officials, officers, agents and employees harmless from any liability, causes of action,judgments, damages, losses, costs or expenses including, without limitation, reasonable attorneys' fees, arising out of or by reason of the acts and/or omissions of the said Contractor, its officers, employees, agents or subcontractors; 2) Require the Contractor to be an independent contractor for the purposes of completing the work provided for in this 6 - WL Agreement No. PW 54-49-11 CSAH 61; C.P. 1123 Agreement; and 3) Require the Contractor to provide and maintain insurance in accordance with the following: 1. Commercial General Liability on an occurrence basis with Contractual Liability and Explosion, Collapse and Underground Property Damage(XCU) Liability coverages: Limits General Aggregate $2,000,000 Products--Completed Operations Aggregate $2,000,000 Personal and Advertising Injury $1,500,000 Each Occurrence - Combined Bodily Injury and Property Damage $1,500,000 Hennepin County and the City of Minnetonka shall be named as an additional insured for the Commercial General Liability coverage with respect to operations covered under this Agreement. 2. Automobile Liability: Combined Single limit each occurrence coverage or the equivalent covering owned, non-owned, and hired automobiles: $1,000,000 3. Workers' Compensation and Employer's Liability: A. Workers' Compensation Statutory If the Contractor is based outside the State of Minnesota, coverages must apply to Minnesota laws. B. Employer's Liability- Bodily injury by: Accident- Each Accident $500,000 Disease -Policy Limit $500,000 Disease -Each Employee $500,000 An umbrella or excess policy over primary liability coverages is an acceptable method to provide the required insurance limits. The above subparagraphs establish minimum insurance requirements. It is the sole responsibility of the City of Eden Prairie's Contractor to determine the need for and to procure additional insurance which may be needed in connection with said Project. - 7 - 1L Agreement No. PW 54-49-11 CSAH 61; C.P. 1123 All insurance policies shall be open to inspection by the County and copies of policies shall be submitted to the County upon written request. IX It is understood and agreed that upon completion of any and all improvements proposed herein, all bituminous walks and trails, sidewalk, sanitary sewer, watermain, street and pedestrian lighting, landscaping, and all municipal street construction included in said improvement shall be the property of the city where the improvement is constructed and all maintenance, restoration, repair, replacement or other work or services required thereafter shall be performed by the respective city at no expense to the County. Upon completion of the Project the County shall, at its own cost and expense, retain ownership and maintenance responsibilities for those portions of the roadway storm sewer drainage system functioning as catch basins and associated lead pipes that are within or between the outermost curb lines of the County roadways as well as those within the radius return limits of intersecting municipal streets. All other components of the roadway storm sewer drainage system, constructed as a part of this Project but not limited to all trunk lines, drainage structures and drainage ponds shall become the property of the Cities and shall be maintained by the Cities. In the event, at any time in the future, the storm water trunk lines constructed as part of this Project are reconditioned and/or replaced,the costs of reconditioning and/or replacement shall be apportioned between the County and the Cities by contributing flow. It is further understood and agreed that upon completion of the Project the Cities, at their sole cost and expense, will perform all routine maintenance on the retaining walls and retaining wall fencing constructed as a part of the Project. In the event, at any time in the future, that the retaining walls and integral retaining wall fencing constructed as a part of the Project are rehabilitated and/or replaced the County agrees to participate fifty(50)percent of the costs of said rehabilitation and/or replacement. It is understood by the parties hereto that the retaining walls beneath TH 62 included in the Project are owned and will be maintained by the Minnesota Department of Transportation (MnDOT). In the event, at any time in the future, said retaining walls should fail, MnDOT and the County will be jointly responsible for their replacement and/or rehabilitation. It is hereby understood that the County requires an operational clear zone behind the face of curb for storage of snow removed from County roadways. The Cities hereby agree that the Cities shall be responsible for the removal of any snow including that placed on the sidewalks and/or pedestrianibicycle paths as a result of the County's snow removal operations on CSAH 61 within the limits of the Project. This paragraph is not intended to confer a benefit upon any third party and the Cities' decision to remove snow from the sidewalks and/or pedestrianibicycle paths shall be made by each City at their sole discretion pursuant to their policy on removal of snow and ice from sidewalks and/or pedestrian/bicycle paths. - 8 E Agreement No. PW 54-49-11 CSAH 61; C.P. 1123 All questions of maintenance responsibilities that may arise shall be jointly resolved by the Cities' respective Director of Public Works and the County's Road and Bridge Operations Division Engineer. X The City of Eden Prairie shall install, cause the installation of, or perpetuate the existence of an adequate three wire, 120/240 volt, single phase, alternating current electrical power connection to the permanent traffic control signals, flashers and integral street lights included in the Project at the intersections of CSAH 611City West Parkway (North Junction) and CSAH 611TH 62 South Ramp, at no cost to the County. Further,the City of Eden Prairie shall provide the electrical energy for the operation of said permanent traffic control signals, flashers and integral streetlights, at no expense to the County. Similarly,the City of Eden Prairie shall install, cause the installation of, or perpetuate the existence of an adequate three wire, 120/240 volt, single phase, alternating current electrical power connection to the permanent traffic control signals, flashers and integral street lights included in the Project at the intersection of CSAH 611TH 62 North Ramp, at no cost to the County. However upon completion of the Project, the City of Minnetonka shall provide the electrical energy for the operation of said permanent traffic control signal, flashers and integral streetlights, at no expense to the County or the City of Eden Prairie. It is understood by the parties that the traffic signal service cabinets will be designed for battery backup in case of electrical power outages. If requested by the Cities, the County will provide the batteries, inverter and cabling for the service cabinets. It is further understood and agreed that the Cities shall reimburse the County the costs of the batteries. The Cities shall not revise by addition or deletion, nor alter or adjust any component, part, sequence, or timing of the aforesaid traffic control signals, however, nothing herein shall prohibit prompt,prudent action by properly constituted authorities in situations where a part of such traffic control signals may be directly involved in an emergency. Upon completion of this Project, the County shall thereafter maintain and repair the traffic control signal systems installed as a part of said Project,all at the sole cost and expense of the County. Said maintenance shall include all EVP components. Further,the County, at its expense, j shall maintain 110-volt power to the line side of the fuse in the base of the signal poles for the integral streetlights. The Cities, at their expense, shall maintain the fuse,the luminary and the wire to the load side of the fuse in the base of the signal poles located within the corporate limits of each respective city. The EVP Systems provided for herein shall be installed, operated,maintained or removed in accordance with the following conditions and requirements: - 9 - WL Agreement No. PW 54-49-11 CSAH 61; C.P. 1123 1. Emitter units may be installed and used only on vehicles responding to an emergency as defined in Minnesota Statutes Chapter 169.01, Subdivision 5 and 169.03. The Cities will provide the County Engineer or his designated representative a list of all such vehicles with emitter units. 2. Malfunctions of EVP Systems shall be reported to the County immediately. 3. In the event said EVP Systems or components are, in the opinion of the County,being misused or the conditions set forth herein are violated, and such misuse or violation continues after receipt by the Cities of written notice thereof from the County,the County shall remove the EVP Systems. Upon removal of the EVP Systems pursuant to this paragraph, the field wiring, cabinet wiring, detector receivers, infrared detector heads, indicator lamps and all other components shall become the property of the County. 4. All timing of said EVP Systems shall be determined by the County. XI The City of Eden Prairie agrees to defend, indemnify and hold harmless the County and the City of Minnetonka,their officials, officers, agents, volunteers and employees, from any liabilities, claims, causes of action,judgments, damages, losses, costs or expenses, including, reasonable attorneys' fees, resulting directly or indirectly from any act or omission of the City of Eden Prairie, its contractors, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable thereof. The City of Eden Prairie's liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 or other applicable law. The City of Minnetonka agrees to defend, indemnify and hold harmless the County and the City of Eden Prairie, their officials, officers, agents, volunteers and employees, from any liabilities, claims, causes of action,judgments, damages, losses, costs or expenses, including, reasonable attorneys' fees, resulting directly or indirectly from any act or omission of the City of Minnetonka, its contractors, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable thereof. The City of Minnetonka's liability shall 11 be governed by the provisions of Minnesota Statutes, Chapter 466 or other applicable law. 1 The County agrees to defend, indemnify, and hold harmless the City of Eden Prairie and the City of Minnetonka,their officials, officers, agents, volunteers, and employees from any liability, claims, causes of action,judgments, damages, losses,costs, or expenses, including reasonable attorneys' fees, resulting directly or indirectly from any act or omission of the County, its contractors,anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable thereof. The County's liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 or other applicable law. i - 10 - � Agreement No. PW 54-49-11 CSAH 61; C.P. 1123 Nothing in this Agreement constitutes a waiver by the Cities and County of any statutory or common law defenses, immunities, or limits on liability. The obligation of the Cities and County under this section cannot exceed the amount that each would be obligated to pay under the provisions and limitations of Minn. Stat. Chap. 466 without this indemnification language. Under no circumstances will one party be required to pay on behalf of itself and other parties, any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable to any one party.. XII All records kept by the Cities and the County with respect to this Project shall be subject to examination by the representatives of each party hereto. XIII Each party agrees that it will be responsible for its own acts and the results thereof, to the extent authorized by the law, and shall not be responsible for the acts of the other party and the results thereof. The County's and the Cities' liability is governed by the provisions of Minnesota Statutes, Chapter 466. The County and the Cities each warrant that they are able to comply with the aforementioned indemnity requirements through an insurance or self-insurance program. XIV It is further agreed that any and all employees of the Cities and all other persons engaged by the Cities in the performance of any work or services required or provided for herein to be performed by the Cities shall not be considered employees of the County, and that any and all claims that may or might arise under the Workers' Compensation Act or the Minnesota Economic Security Law on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the County. Also, any and all employees of the County and all other persons engaged by the County in the performance of any work or services regeuired or provided for herein to be performed by the County shall not be considered employees of the Cities, and that any and all claims that may or might arise under the Workers' Compensation Act or the Minnesota Economic Security Law on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the Cities. Agreement No. PW 54-49-11 CSAH 61; C.P. 1123 XV In order to coordinate the services of the County with the activities of the Cities so as to accomplish the purposes of this Agreement,the Hennepin County Engineer or a designated representative shall manage this Agreement on behalf of the County and serve as liaison between the County and the Cities. In order to coordinate the services of the Cities with the activities of the County and so as to accomplish the purposes of this Agreement, the respective Cities' Director of Public Works/City Engineer or designated representative shall manage this Agreement on behalf of the Cities and serve as liaison between the Cities and the County. XVI It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. XVII The provisions of Minnesota Statutes 181.59 and of any applicable local ordinance relating to civil rights and discrimination and the Affirmative Action Policy statement of Hennepin County shall be considered a part of this Agreement as though fully set forth herein. XVIII The matters set forth in the "whereas" clauses at the beginning of this Agreement are incorporated into and made a part hereof by this reference. (this space left intentionally blank) - 12 - �l� Agreement No. PW 54-49-11 CSAH 61; C.P. 1123 IN TESTIMONY WHEREOF, The parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above vurritten. CITY OF EDEN PRAIRIE (Seal) By: Mayor Date: i And: Manager Date: CITY OF MINNETONKA (Seal) By: Mayor Date: And: Manager Date: - 13 - 1� Agreement No. PW 54-49-11 CSAH 61; C.P. 1123 COUNTY OF HENNEPIN ATTEST: By: By: Deputy/Clerk of the County Board Chair of its County Board Date: Date: APPROVED AS TO FORM: And: County Administrator By: Date: A si ant County Attorney And: Date: �/ 0 Assistant County Administrator, Public Works Date: APPROVED AS TO EXECUTION: RECOMMENDED FOR APPROVAL: By: By: Assistant County Attorney Director, Transportation Department and County Engineer Date: Date: I;I 14 - � CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda May J@ DEPARTMENTDIVISION: ITEM DESCRIPTION: ITEM NO.: V Oice of the City Manager Proclamation Recognizing Central Middle School Paraprofessionals Rifth Move to:Approve the proclamation recognizing Central Middle School Paraprofessionals. Sp The Eden Prairie Women of Today club is hosting a recognition event for the CMS Special Education Paraprofessionals on May @The proclamation will be presented to the Paraprofessionals at the event. Ain Proclamation (PROCLAMATION POCLAMATIper' f� �G q�ECOG9VIZING CVVTML 9KIDDLE SMOOL'S S(ECI,AL E0VCA710X(PAMMPT SSI0AALS City of Eden T'raine Yfennepin County, Minnesota WHEREAS, there are 27 Special Education Paraprofessionals at Central Middle School; and WHEREAS, these Paraprofessionals are trained to assist education professionals and are able to perform tasks requiring significant knowledge in the field and provide services to students with specialized learning needs; and WHEREAS, these Paraprofessionals work with special education students with a wide variety of disabilities one-on-one in the least restrictive environment to allow students to maximize their educational potential and prepare them to be independent learners; and WHEREAS, these Paraprofessionals coach students with a wide variety of personalities in social skills and use a number of assistive technologies and inclusion classroom strategies to help each student prepare for their future; and WHEREAS, the contributions these Paraprofessionals make toward the success of special education students at Central Middle School are essential; and NOW, THEREFORE, the Eden Prairie City Council proclaims that May 10, 2012, as Central Middle School Special Education Paraprofessional Day. Nancy Tyra-Lukens, Mayor on behalf of Council Members: Brad Aho Sherry Butcher Wickstrom Ron Case Kathy Nelson CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May A DEPARTMENTDIVISION: ITEM DESCRIPTION: I.C. 11579 Adopt ITEM NO.: K. Randy Newton Resolution Authorizing Acgisition of Easements for the Flying Cloud Drive Sanitary Public Works /Engineering Sewer Replacement Prokct Rifth Move to: Adopt resolution authorizing the City Engineer and City Attorney to pursue the acgisition of easements for the Flying Cloud Drive Sanitary Sewer Replacement Prokct. Sp This process is necessary to obtain the temporary easements regired to reconstruct the sanitary sewer line under Flying Cloud Drive. Bl#fn The sanitary sewer under Flying Cloud Drive between Technology Drive and Eden Road is failing and is need of the replacement. Staff has been monitoring the condition of the pipe and it has been gradually worsening over the past several years. The pr okct is being coordinated with MnDU and L-Imepin County§ storm sewer replacement prokct which is also failing and is immediately adkcent to the sanitary sewer. The prokcts are being coordinated to minimize impacts and disruptions to adkcent businesses and the traveling public. FHjn The construction cost of the Flying Cloud Drive Sanitary Sewer Replacement Prokct is estimated to be The prokct will be pa id for by the Sanitary Sewer fility Fund. Ain • Resolution • Parcel Map CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2012 - RESOLUTION AUTHORING ACQISITION OF EASEMENTS FOR THE FLYING CLOUD DRIVE SANITARY SEWER REPLACEMENT PROJECT I.C. 11579 WHEREAS, the City of Eden Prairie has developed plans for the replacement of the sanitary sewer pipe under Flying Cloud Drive between Technology Drive and Eden Road;and WHEREAS, the easements over adpining property are re gired to construct the improvements. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that the City Engineer and City Attorney are hereby authorized to acgire the necessary easements, by negotiation or condemnation, on the following properties: Parcels end ADOPTED by the Eden Prairie City Council on May A Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk .. .. =.. 14 eeeeeei=:' :: :.:::. .. :: .. .. .. ..:i.._ 3. .: .. __ .. :. .. ri .. e: . :ue� .. '• ! .�. .. : e : ..... ......_. .: a. ................ R .._: .. _� ... ... .: .: .. ..:. ......... ....._.. : ........ :. F ... .:: :: "' .... .:: :.....3 1s8 : +a ;g. €€ . ';lt " r t-da .:::: _ . €c....... :- -: _ .:::::::::::::::::::::::::::::::_:::::::::::::::::::::::::::: ...._....._':._: :::_::_::a:::_::.:::_::::_:::::::::::::::::::::::::::::::::::::::::.:.. ' _::::_:::::_::_::::.:-:::::::-._._:_::::::::::::_::._:::.:.:::.::::::::::::::::::::::::::::::::: ''. . ..... . ... . ...... ... .... ': -�. :: "... � . : ......... - j 4 kp } y .. - :.. ::. ::.. CITY COUNCIL AGENDA DATE: May A SECTION: Public wrings DEPARTMENTDIVISION: ITEM DESCRIPTION: ITEM NO.: K. Community Edendale Parking Lot Epansion DevelopmentPlanning Janet Jeremiah Rifth Move to: • Close the Public firing; d • Adopt the Resolution for Planned bit De velopment Concept Review on acres; d • Approve 4 Reading of the Oinance for Planned bit Development District Review and Xning District Amendment in the RM-%ning District on acres; d • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Sp Edendale has 6units.There are(�i-sting park ing spaces.Edendale wants to add 4)arking spaces and a lar garage.These are permitted uses in the RM-%ning District.The parking and the garage meet the regired setbacks. Th e proposed screening plan to the single family homes to the north is a (foot high fence and tree replacement. Bl#fn The Way Review Period Epires on July I(D Pwimh The Planning Commission first reviewed this prokct at the March 0(kneeting and continued discussion to allow the applicant to meet with the neighbors to the north about the proposed screening plan.At the April 9(kn eeting the Planning Commission voted ;Uo recommend approval based on the following revisions. A. Revise the plans to include a ffoot high fence. B. Revise the plan to show earth tone colors for the garage. C. Revise the plan to show shorter light poles. The revised plans show a (foot high fence, earth tone colors for the garage, and Jroot high light poles. Ain 1 Resolution-PD 2 Staff Report dated March 3@ 3 Attachment A 4 Staff Report dated April 6(D 5 Location Map 6 Land k&Map 7 Xning Map 8 Aerial photo 9 Planning Commission Minutes March G(D Planning Commission Minutes -April 9@ 1 Beauvais resident letter March 3(D 2 Beauvais resident letter April 2(D CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2012- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF EDENDALE PARKING LOT ERANSION FOR EDENDALE RESIDENCE, INC WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned bit Development PD)Concept of certain areas located within the City;and WHEREAS, the Planning Commission did conduct a public hearing on March 0and April Sn Edendale Parking Lot Epansion by Edendale Residence.hc and considered their regest for approval of the PD Concept plan and recommended approval of the regest to the City Council;and WHEREAS, the City Council did consider the regest on May A NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1 Edendale Parking Lot Epansion, being in L-Imepin County, Minnesota, legally described as outlined in Ehibit A, is attached hereto and made a part hereof. 2 That the City Council does grant PD Concept approval as outlined in the plans stamp dated May j(D 3 That the PD Concept meets the recommendations of the Planning Commission April 9@ ADOPTED by the City Council of the City of Eden Prairie this 4 day of May Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk ENIBIT A PUD COEWRA:0 Leo In the fallowing described land situated in the County of Hennepin and State of Minnesota: That part of the Southwest Quarter of the Southeast Quarter,Section 8,Township 116,Range 22 tying West of the center line of County Road No.4,North of the South One-fourth of said Southwest Quarter of the Southeast Quarter and South of a line drawn from a point on the West line of said Southwest Quarter of the Southeast Quarter distant 826.31 feet North from the Southwest corner thereof to a point on the East line of said Southwest Quarter of the Southeast Quarter distant 813.12 feet North from the Southeast corner thereof which lies Westerly of a line drawn Southerly at right angles to the North Sine of the above described property at a point thereon distant 465.80 feet East from the West line of said Southwest Quarter of the Southeast Quarter to the center line of State Highway No.5 and there tenninating,except that part of the East 277.00 feet thereof lying South of the North 182.00 feet of the above described property. - STAFF REPORT TO: Planning Commission FROM: Scott A.Kipp, Senior Planner DATE: March 3@ PROJECT: Edendale Parking Epansion and Site hiprovements LOCATION: whin Street APPLICANT/ OWNER: Edendale Residence, he. 120DAY REVIEW: Epires July 2(D REQEST: • Planned bit Development Concept Amendment on Icres • Planned bit Development Distri ct Review with waivers on 3 acres • fining District Amendment in the RM-%hing District on 3 acres • Site Plan Review %cres BACKGROUND The Comprehensive Guide Plan shows the%cre property as Medium Density Residential.The property is zoned RM-3 SITE PLAN Edendale wants to add 4)arking spaces and a lar garage.These are permitted uses in the RM-%ning District.The proposed location for pa rking and the garage is in the wooded part of the property, an area designated as Park'nn the &pproved plan. The city code regires the following: • A transition when there are differences in land use. • Tree replacement. • Screening of parking. SfRji�-EIPWOH n M193, 2012 TRANSITION As part of a Site Plan Review, a transition between different land uses shall be evaluated.The wooded part of the property currently provides a transition between the single family homes and Edendale and other commercial uses along Ithway 5 The wooded area provides a transition.The transition is reduced by the construction of parking and a garage.Tree replacement is proposed as mitigation. TREE LOSSREPLACEMENT There are Ikaliper inches of significant trees on the site. A total of 9 caliper inches will be removed as a result of the new parking lot. The regired tree replacement is kaliper inches. SCREENING G street parking areas containing more than 5 parking spaces shall be screened on each side adpining a residential use or public street.Tree replacement is proposed for screening. LIGHTING The proposed lights are Feet tall with a down cast§hoeboWiture. ARCHITECTURE The proposed garage conforms to the eterior ma terial regirements of th e RM-JKning District. STAFF ANALYSIS The emoting wooded area provides a transition.The transition is reduced by the construction of parking and a garage.Tree replacement is proposed as mitigation and for screening of the parking. Staff recommends additional plantings to improve mitigation and screening of parking according to attachment A. STAFF RECOMMENDATIONS Recommend approval of the following regest: • Planned bit Development Concept Amendment on Icres • Planned bit Development District Review with waivers on acres 2 SfRji�-EIPWOH n MIE3, 2012 • Xning District Amendment in the RM-%ning District on 3acres • Site Plan Review Icres This is based on plans stamp dated March 4Iknd the following conditions: 1 Prior to City Council review revise the plan according to attachment A. 2 Prior to grading permit, the proponent shall: A. Submit detailed storm water runoff, utility, and erosion control plans for review by the Watershed District. B. Notify the City and Watershed District 4iours in advance of grading. C. hstall erosion control at the grading limits. D. Provide a landscaping screening plan that address screening between the differing lands uses according to City code. E. Provide a tree replacement plan for kaliper inches. F. Provide a Landscapingtree replacement surety egivalent to Kf the cost of the landscapinglree replacement plans. 3 { EY,, 141 % lr �~ w.a l � , 1 5 na—a.s 7 9 7 , .... 5R_EW k-IF t7. fr:AMR I.9E.A1 NPJMA , uHrrER: CEA.r{u r aAUA'Als E.FAI. 1 YA aY myp 9 r pw n.r �r• _ __,� _ 7$�'2F�E 4 80 ` 11nn1R:f:NlfAR IA kA[yYH EfAL. wawx �V Sfla CI" CM-25" on O Iq SOU DECIDUOUS TREE PLANTING DETAILILL 11 ••�•�'. w xFc+ 1 SOD C? , DA cy Ro SOD `N9g'IBW'1 277.( +.s.5:�'•i ..ee.{�..+,..�,+.a.. .�.,.. a>XrErl^MAxae 1'ARRNRS sx Lit- "PAW `-`�'. r3 1 I «..�e•.rr.r.r r.. •� 1�1 k,� ttatL I1 6V i' I4 Ali[M CtU a PA Ki N G ARE A M1 1 -J` CONrFfROUS TREE PLAiflMG I i SO[J o f M Ill� I SHRUB'PLANTING DETAIL twrr m set.viwNnw Trig wm cAs�tl .aw v 2c�.ror� I AM ftV .:R77=7 �-- STAFF REPORT TO: Planning Commission FROM: Michael Franzen, City Planner DATE: April 0(D PROJECT: Edendale Parking Epansion and Site hiprovements LOCATION: whin Street APPLICANT/ OWNER: Edendale Residence, he. 120DAY REVIEW: Epires July 2(D REQEST: • Planned bit Development Concept Amendment on Icres • Planned bit Development Distri ct Review with waivers on 3 acres • fining District Amendment in the RM-%ning District on 3 acres • Site Plan Review %cres BACKGROUND This is a continued item from the March 0(kneeting. NEIGHBORHOOD MEETING f)April 5 "'the applicant met with neighbors to discuss the screening of the parking lot epansion. Attached is a letter from G11and Builders summa rizing the items discussed at the meeting.The applicant agreed to: J Build a ffoot high cedar fence. 2 U earth tone colors on the garage. 3 Make light poles as short as possible. STAFF RECOMMENDATIONS SfRji�-EIPWOH n A16, 2012 Recommend approval of the following regest: • Planned bit Development Concept Amendment on Icres • Planned bit Development District Review with waivers on acres • Xning District Amendment in the RM-%ning District on $acres • Site Plan Review Icres This is based on plans stamp dated March 4Iknd the following conditions: 1 Prior to City Council the proponent shall: A. Revise the plans to include a ffoot high fence. B. Revise the plan to show earth tone colors for the garage. C. Revise the plan to show shorter light poles. 2 Prior to grading permit, the proponent shall: A. Submit detailed storm water runoff, utility, and erosion control plans for review by the Watershed District. B. Notify the City and Watershed District 4iours in advance of grading. C. bstall erosion control at the grading limits. D. Provide a landscaping screening plan that address screening between the differing lands uses according to City code. E. Provide a tree replacement plan for kaliper inches. F. Provide a Landscapingtree replacement surety egivalent to Kf the cost of the landscapinglree replacement plans. 2 d"Mi don dMW J� 4 �P O U s 5 D 5 4 I 1 ► • • - lop • • ,; . • 1 1 1 i t %� , E DEN � a PRAIRIE �� ., LIVE•WORK•QA EAM Zoning Map Edendale Parking Expansion and Site Improvements 16700 Main Street, Eden Prairie MN ----------- EVA SITE — I k 1 0MR Cpm �� 0 ✓ �0 CRin OIB 0awb =U ® gyp 00 0 ww o 0E 0WW IN Ph 0� 0iav 0Rw 0 ® e w than e 400) r. w Dow . �:•s � Y� _fir. v! ► `-P NIP P' _ g%T E 04 yy cm T r.ft ~ - T Fn __ d `mil � ■ � f *��# if APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, MARCH 26, 2012 7:00 P.M., CITY CENTER CI'IR 00 M[Rd 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 FoxManager of Parks and Natural Resources Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Me Chair Pitzrick called the meeting to or der at tam. Schultz, Stoltz, and Wuttke were absent. II. APPROVAL OF AGENDA MOTION by Kirk, seconded by Lee, to approve the agenda. MIiF0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON MARCH 12, 2012 MOTION by Fyten, seconded by Kirk, to approve the minutes. Mil 50. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS A. EDENDALE PARKING ERANSION & SITE IMPROVEMENT by Edendale Residence he. Location: whin Street Regest for: Planned bit Development Concept Amendment on Icres EDEN PRAIRIE PLANNING COMMISSION MINUTES March G(D Page 2 • Planned bit Development District Review with waivers on %cres • Xning District Amendment within th e RM-%hing District on acres • Site Plan Review on %cres Wade Johnson, with Glland Builders, residing at 3*)Drive in Shakopee, and Barbara Kuhlman, Director of P--rat ions for Twin Cities Christian blues and owner of Edenvale property, residing at fIly Drive, Lino Lakes, presented the proposal. Mr.Johnson said th ere are two parts to this prokct. The first part is associated with the west side of the property where they will be cleaning up the area and putting up a retaining wall. 6) the northeast portion of the property they would like to add 4)arking stalls. Mr.Johnson stated they are seeing more traffic coming into the area and that is the need for more parking. Mr.Johnson pointed out th at Prairie 6)wns the ea sement on the property and they had talked to them in order to help with their situation and they rekcted the idea. Hsaid because of this they have to push there property as close to the easement as possible. Mr.Johnson said there will also be a garage on the northeast corner for storage and an installation of a rain garden on the property. Me Chair Pitzrick asked Franzen to review the staff report. Franzen stated the parking and garage meet the setback regi rement. The City code also regires screening of 5or more parking spaces from the residential properties to the north. Attachment A shows additional trees needed for better screening of parking.Staff recommends approval according to the landscaping revisions in Attachment A. Me Chair Pitzrick asked the prokct pr oponent if they were comfortable with Attachment A. Mr.Johnson said they were comfortable with Attachment A. Kirk asked Franzen what the area designated as Park'in the &pproved plan is that was stated in the staff report. Franzen stated he thought it may have been intended as a buffer zone.b Ithe code did not regire a transition or tree replacement. Me Chair Pitzrick opened the meeting up for public input. Barb ken, of wleadow Lane, stated her and her husband, ke, have lived here for dears and back then they told the builders they did not want to lose their privacy. They put up a cedar fence and trees. The most bothersome noise in the area is from the garage and the dumpster being emptied in the middle of the night. The neighbors across the street, Ge rald and Junaita Beauvais, who are out of town for another week, see more headlights in their windows. Mrs.ken said she and her husband are opposed to this prokct. Mary Beth Rojna, who resides north of the property, said she has two bedrooms that face the parking lot and noise. There is also a lot of wildlife in the area and she is not looking forward to this berm being knocked down. Me Chair Pitzrick asked where the berm was located. Ms.Ro jna said it was behind Erik§ Bike EDEN PRAIRIE PLANNING COMMISSION MINUTES March G(D Page 3 Shop and the apartment complexShe reit crated that she values her private backyard. Me Chair Pitzrick asked the prokct pr oponent if they had considered other alternatives. Mr.Johnson sa id the evergreen trees would be the best screening. Me Chair Pitzrick asked if they thought about moving the garage. Mr.Johnson said they had not because they thought the placement of the garage would act as a buffer. Lee asked the prokct proponent to talk a bout the berm. Mr.Johnson said there is a significant berm that separates Erik§ Bi ke Shop and the parking lot. They want to put the parking lot in the lowest area of the property to offer more screening. Mrs.ken asked if they were planning on having lights in the area. Mr.Johnson said they will have 3B foot lights with downcasts. Lee commented it seems like the residents would want a fence put up and asked why that was not an option. Ms.Kuhlman said the 13 office had told them their funding would be limited and going forward they would be getting less money;because of this, there would be less money to maintain a fence. She stated she felt the homeowners would also want something maintenance free.She also stated the apartment complexis for elderly residents who would typically be traveling to and from the compleAuring the day hours from'br 8m until (pm, so there would be little traffic in the evening. This would cut down on the lights in the area. They only people coming and going in the evening would be the workers, which would not account for a lot of traffic. Lechelt asked if there was a bond regirement on trees. Franzen stated the bond is for a calendar year.I th ey die after the year, the code regires replacement of trees. Me Chair Pitzrick asked the prokct proponent when they will want to start. Ms. Kuhlman said they would like to start in early spring. Me Chair Pitzrick asked if they met with the neighbors in the area. Ms.Kuhlman said they had an informal meeting with the homeowners. Kirk asked Franzen to eplain the easeme nt on Erik§ property. Franzen stated this easement runs with the property indefinitely. They do have enough parking now, but in the future if they decided to epand, they could utilize parking in the back of the building. Kirk said he would not like to see the buffer zone being significantly impacted. Hunderstands the prokct proponents's ituation and wishes there was a more intense buffer. Halso st ated if the easement was not an issue it could solve some problems and asked if there could be any other alternatives. EDEN PRAIRIE PLANNING COMMISSION MINUTES March G(D Page 4 Lee asked if there was an opportunity to park at the church. Ms.Kuhlman said the seniors and guests would not feel this would be very accommodating. Lee asked if the staff at the apartment building could possibly park over there. Ms. Kuhlman said they have actually looked at that situation but the grade of the berm is too steep for them to walk over. Me Chair Pitzrick said because the main resident who would be impacted, the Beauvais§, are not back in town fo r another week,he feels it would be appropriate for the prokct proponents to have a meeting with them. Franzen stated the City Council meeting for this would be May 1st so the prokct proponent would still be on the schedule if this proposal was continued. Me Chair Pitzrick said he would like the prokct proponents to talk with the property owners. The prokct proponen is agreed they would do this. MOTION by Kirk, seconded by Lee, to recommend a continuance to the April 9 (Ineeting. MIif0. VII. PLANNERS'REPORT Franzen stated there was no news to report. VIII. MEMBERS'REPORT IX CONTINUING BUSINESS X NEW BUSINESS K ADJOURNMENT MOTION by Lee, seconded by Kirk, to adpurn the meeting. Mid 50. There being no further business, the meeting was adpurned at q)m. APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,APRIL P2012 7:00 P.M., CITY CENTER CI'in 00 M[Rd COMMISSION MEMBERS: Steve Frank, 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 FoxManager of Parks and Natural Resources Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Chair Stoltz called the meeting to order at tam. Lechelt and Lee were absent. II. SWEARING IN OF NEW MEMBER Steven Frank was sworn in by Mike Franzen. III. APPROVAL OF AGENDA MOTION by Pitzrick, seconded by Kirk, to approve the agenda. MIiF0. IV. MINUTES A. PLANNING COMMISSION MEETING HELD ON MARCH 26, 2012 MOTION by Kirk, seconded by Pitzrick, to approve the minutes. Mh W. SbSka dVW V. INFORMATIONAL MEETINGS VI. PUBLIC MEETINGS VII. PUBLIC HEARINGS A. EDENDALE PARKING ERANSION & SITE IMPROVEMENT by Edendale Residence he. Continued from March 00 EDEN PRAIRIE PLANNING COMMISSION MINUTES April 9@ Page 2 Location: whin Street Regest for: • Planned bit Development Concept Amendment on Icres • Planned bit Development District Review with waivers on %cres • Xning District Amendment within th e RM-%ning District on acres • Site Plan Review on %cres Wade Johnson, with Giland Builders, gave an update on the prokct. Hstated after the last meeting, they had an on-site meeting specifically for the people that were out of town at the last meeting. They talked about why they could not push the prokct any further south due to the easement,but offered a ffoot cedar fence. Mr.Johnson said the past week they ha ve been in talks with Anderson Property Management, who is representing Prairie Partner bin regards to the easement. After a lot of discussion, they said they would not compromise the easement due to future construction. Chair Stoltz asked Franzen to review the staff report. Franzen said the staff recommendation is for approval with the ffoot high screening fence and tree replacement. Chair Stoltz opened the meeting up for public input. Gerald Beauvais, of%4eadow Lane, said he jest has two gestions. The first is, can the fence be higher than sbCeet and the second gestio n is, are there going to be less trees because of the fence or will there be more. Mr.Johnson said it will be the same am ount of trees. Franzen said the maxinum fence height is ffeet.The fence and tree replacement will satisfy the screening regirement. MOTION by Schultz, seconded by Kirk, to close the public hearing. Mh iF0. MOTION by Schultz, seconded by Kirk, to recommend approval of the Planned bit Development Concept Amendm ent on %cres, Planned bit Development District Review with waivers %cres,fining District Amendment within the RM-%ning Di strict on Icres, and Site Plan Review on Icres based on plans stam ped dated March 2(knd the staff report dated April 2 MIiF0. VIII. PLANNERS'REPORT Franzen stated there will be one public hearing scheduled for the nekmeeting. IX MEMBERS'REPORT EDEN PRAIRIE PLANNING COMMISSION MINUTES April 9@ Page 3 X CONTINUING BUSINESS K NEW BUSINESS H. ADJOURNMENT MOTION by Kirk, seconded by Schultz, to adpurn the meeting. Mil 70. There being no further business, the meeting was adpurned at q)m. March 13,2012 City of Eden Prairie Planning Commission 8080 Mitchell Road Eden Prairie, MN 55344 Attn:Scott Kipp,Sr. Planner. We are writing to voice our concern regarding the construction of a parking lot and garage being considered by the Edendale Residence of Eden Prairie. Our home is located at 7735 Meadow Lane. We have occupied our home for 40 years,since May 1972. Our concerns: 1) In order to construct the parking lot it will be necessary to remove trees,vegetation and scrub growths which currently help"hide"the multi-level apartment building,especially,in the spring/summer months. The 5 story apartment building is located just to the west and dominates the view from our home. Without the growth and trees the entire building will have an unobstructed view of the Beauvais' and us of them. We look at them with 2 sets of eyes and they look at us with close to a hundred. 2) We lack confidence in the developer to fulfill on their commitments. When the apartment building was constructed, as a compromise to our wanting a dirt berm and solid fencing,the developer was supposed to plant trees and shrubbery to help alleviate the sight problem. They planted pine trees. Most rose straight up with no cover provided. They never cared for them and most died within 5 years of planting. They also assured us,verbally,that the wooded area would never be developed. 3) This parking lot and a garage will be immediately behind our house. It is planned to be 27.5 ft.from our lot line. And,the distance from our house to the lot line is approximately 28 ft. Consequently, today we look out on trees and vegetation and tomorrow we see a garage and cars, and,will experience an increased noise level all within 55 ft.of our bedroom. Questions/Suggestions: • Why the need for the parking lot? Is there a plan to increase apartment units? There are open parking spaces near Erik's Bike Shop and into the mall parking area nearest the apartments. The walk to the building can't be much further than from behind our house. • Why the garage? • What other uses are planned for this parking lot? Will it become a Food&Beverage outlet for the apartments? Picnics? Outside gatherings? • Move the entire project further south away from our home. • Move the entire project further west to take it away from immediately behind our home. • Add a solid fence high enough to block the sight and reduce the sound of the lot • Add a dirt berm high enough to block the sight and reduce the sound of the lot. • Add both of the above. Thank you for your considerations on our behalf, Gerald&Juanita Beauvais 7735 Meadow Lane Eden Prairie, MN 55346 April 25, 2012 City of Eden Prairie City Council 8080 Mitchell Road Eden Prairie, MN 55344 Re: Project#2012-04 Since our letter of March 13, 2012, we have meet with Outland (the developer) and Edendale management, attended the planning commission meeting of April 9 (with the only change being the addition of a fence) and still we have concerns as mentioned in the March 13 letter. Following the March 26 meeting of the planning commission a drawing was sent, by the planning staff to Outland. This drawing suggests utilizing existing space near the front of the building which might allow for a single loaded parking lot instead of the current double loaded lot. With this idea and a reduction of 3-4 spaces it might be possible to move the entire project further south and west. Our#1 preference: • Work to achieve a single loaded parking lot, moving the current plan away from our home. If this is impossible, we prefer the following: o In addition to the fence, plant all the trees/scrubs as shown on Exhibit A, including something to "hide" the garage wall. o Maintain the plantings so they don't die like the others did when the building was constructed. o Do all possible to make the exterior color of the garage blend into the surrounding growth and the light poles as short as possible. o Put in writing, that the parking lot will not be used as a Food & Beverage outlet for the 60 unit building. They say they have a patio by the building for social events. Thank you, Sincerely.- Gerald &Juanita Beauvais 7735 Meadow Lane i I i F Fri -� /u. IE 1 X j J � �f d Z ,. CITY COUNCIL AGENDA DATE: May 1, 2015 SECTION: Public parings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IM. Community Meadows at Riley Creek 2012 REISED DevelopmentPlanning Janet Jeremiah Reqested Action Move to: • Close the Public bring; and • Approve 1st Reading of the Ordinance for Zoning District Change from Rural to R1-13.5 on 5.03 acres; and • Adopt the Resolution for Preliminary Plat on 5.03 acres into 12 lots; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Synopsis This is a 12 lot single family subdivision that conforms to the requirements of the R1-13.5 Zoning District. Backound Information The 120-Day Review Period Expires on July 12, 2012. PlanningCommission Recommendation The Planning Commission voted 7-0 to recommend approval of the project at the April 9, 2012 meeting. Attaclnents 1. Resolution Preliminary Plat 2. Staff Report dated April 6, 2012 3. Attachment A 4. Location Map 5. Land Use Map 6. Zoning Map 7. Aerial photo 8. Planning Commission Minutes dated April 9, 2012 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2012- RESOLUTION APPROVING THE PRELIMINARY PLAT OF MEADOWS 2012 FOR MARSH COVE LLC IMS CUSTOMS HOMES) BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Meadows ffor Marsh Cove LLC #MS Custom Unes)stamp dated May JOand consisting of(acres into lots, a copy of which is on file at the City h11, is found to be in conformance with the provisions of the Eden Prairie fining and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 1St day of May, Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk STAFF REPORT TO: Planning Commission FROM: Michael D.Franzen, City Planner DATE: April 6(D SUBJECT: The Meadows at Riley Creek APPLICANT: Marsh Cove LLC #MS Custom blues) OWNER: Mn B.Rempfer and Karen Rempfer LOCATION: sky Lane 120 DAY REVIEW: July A REQEST: J fining District Change from Rural to Ran (acres. 2 Preliminary Plat of(acres into lots, one outlot and road right-of-way. BACKGROUND JMS presented a lot single family plan to the Planning Commission on January 9"'. That prokct was withdrawn on March l "', since JMS wanted to look at a new prokct including the Rempfer and Driver properties.h order for that plan to move forward, a Coot wide piece of land, owned by Smith, would be needed for a road.An agreement between the three owners did not happen, so JMS decided to proceed again with the Rempfer property only. THE EAST WEST ROAD The January %taff report recommended a revised plan with Teet of right of way along the north property line for a future east west road that would allow the Driver and Smith properties to develop with access to Sky Lane. At that time the staff believed that an east west road centered along the property lines would allow the development potential of all three properties to be relatively egal.After further review and conversations with the property owners staff learned the following. J Lot size and setback waivers would preserve the lot plan.Uvever the reduced pad sizes with homes closer together did not work with the type of homes proposed by the builder.A conforming plan would be @ots for the Rempfer property. SfRji,- THddRWIaOI2 A16, 2012 Pig 2 Placing the right of way on the Driver and Smith properties only would allow; • Rempfer- lots • Driver- lots, including the emoting home. • Smith - lots. The number of lots was determined using a 0 foot right of way and the minimum lot size regirements for the R43-,oning district.See Attachment A. The developer shall provide a disclosure statement to future lot owners advising of the future road along the north property line. GUIDE PLAN AND ONING The Comprehensive Guide Plan shows the site and surrounding property as Low Density Residential for up to 2mits per acre. The site is zoned Rural. PRELIMINARY PLAT Al lots conform to the regirement s of the R4Vning District. GRADING AND TREE LOSS There are diameter inches of significant trees on the property. Tree loss is diameter inches. The regired tree replacement is 5 inches.The plan meets this regirement. FLYING CLOUD AIRPORT The prokct is adjacent to Flying Cloud Airport. Due to the proj ected number of aircraft over- flights to occur in this area, the developer shall provide a disclosure statement to all first homeowners in the development advising of the airport and associated over-flights. h addition, each home will need to be designed and constructed to provide for an interior noise reduction to AIBA based on the Metropolitan Council§ Builder Gu ide. This is similar to Ninepin Vlage and The Ridge at Riley Creek developments. STAFF RECOMMENDATION Recommend approval of the following regest: • Xning District Change from Rural to Ramon(acres. • Preliminary Plat of(acres into 2 lots, one outlot and road right-of-way This is based on plans stamp dated March 20 the Staff Report dated April And the following conditions: SfRji,- TOddRWIaO12 A16, 2012 PgI 1 Prior to City Council, the proponent shall: A. Revise the plat to show Qlot B as right of way. 2 Prior to release of the final plat, the proponent shall: A. Submit detailed storm water runoff, utility, and erosion control plans for review and approval by the City Engineer and Watershed District. B. Pay all City sewer and water assessment and connection fees. 3 Prior to grading permit issuance, the proponent shall: A. Notify the City and Watershed District&ours in advance of grading. 4 Prior to building permit issuance for the property, the proponent shall: A. Pay the appropriate cash park fee. 5 Provide building documentation to the Building Oicial verifying th at the houses will meet an interior noise reduction to JdB A according to the Metropolitan Council§ Builders Guide. 6 Provide a disclosure statement to all first homeowners advising of the propose airport epansion and associated over flights. 7 Provide a disclosure statement to all first homeowners advising of the future east west street along the north property line. r� DRIVER r' -�.-�� -ter"' �.r�•w- 11 Lu Ms� Y y 4:' 1 FL "L' i I i- _-------- 1 I � , i YI I ---------_—___--- li f i I jI I a � i jI I � I I I I li II R 14 r�, Area Location Map - The Meadows at Riley Creek Address: 9845 Sky Lane, Eden Prairie, MN 55347 SITE N o e 0 e twl SITE City of Ed n Prairie Land se Guide Plan 000-2020 Legend N 0 ®� TERA 0WE T19 �P, 0� 1 1 + 1 0® ®® 0mv .... �g Zoning Map The Meadows at Riley Creek 9845 Sky Lane, Eden Prairie MN SITE 0IR Cpm =c 0 ✓ �0 Cpb O 1B 0awb =U ® gyp 00 0 WW o 0E 0WW IN O�� 0iav 0 o 6 w � A - � N s, WTI i MOOO t APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,APRIL P2012 7:00 P.M., CITY CENTER CI'in 00 M[Rd COMMISSION MEMBERS: Steve Frank, 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 FoxManager of Parks and Natural Resources Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Chair Stoltz called the meeting to order at tam. Lechelt and Lee were absent. II. SWEARING IN OF NEW MEMBER Steven Frank was sworn in by Mike Franzen. III. APPROVAL OF AGENDA MOTION by Pitzrick, seconded by Kirk, to approve the agenda. MIiF0. IV. MINUTES A. PLANNING COMMISSION MEETING HELD ON MARCH 26, 2012 MOTION by Kirk, seconded by Pitzrick, to approve the minutes. Mh W. SbSka dVW V. INFORMATIONAL MEETINGS VI. PUBLIC MEETINGS VII. PUBLIC HEARINGS A. THE MEADOWS AT RILEY CREEK 2012 by Meadows, LLC. Location: sky Lane EDEN PRAIRIE PLANNING COMMISSION MINUTES April 9@ Page 2 Regest for: • Xning District Change from Rural to Ran (acres • Preliminary Plat of(acres into lots and butlot Steve Bona, of JMS Custom blues,presen ted the proposal. blsaid they have been working on this property for Bite some time and have gone through multiple variations and tonight they have a simple plan they are presenting. They are basically working with the Rempfler property. This would be lots and the ei-sting single family home. There are no waivers they are regesting.JMS Custom blues may possibly be the builder for the single family lots but the lots might also be sold to other builders. Chair Stoltz asked Franzen to review the staff report. Franzen said the plan conforms to the zoning regirements and staff recommendation is for approval based on page 3of the staff report. Chair Stoltz opened the meeting up for public input. Kris Kline, of W-den Prairie Road, said he is looking at the road that is being designed and it is going right through his property. Als o, in regards to the holding pond, he stated he is not sure it will do the pb. blutilized the overhead prokctor to show a diagram of the road in relationship to his property. blpointed out that bigger retaining walls need to be put up around the road and said he does not know why the road is even there in the first place. Hcommented the water runoff will be draining onto his property. Chair Stoltz asked Franzen to address the road issue. Franzen said in regards to the attachment, it shows Rempfer, Driver and Smith properties, and how each of the properties can develop with relatively the same number of lots. The etension of the road through the Kline property is a challenge due to grades, but the thinking was to make a connection opposite Prospect Road.This is not the only way for access.The road may go to the south which would leave and upper and lower cul-de-sac.The staff is also goi ng to ask the Metropolitan Airport Commission if they would consider making the temporary construction access road a public road. Chair Stoltz asked if Rue could address the drainage gestion. Rue said the way the drainage is designed is that it would go into the pond. Robin Smith, owner of the Smith property, is concerned with Gllot B and the road supplying eastkvest access. blstated it is prudent to make sure this parcel becomes part of a public domain and could be used for a public road. h regards to Attachment A,he did not participate in this, it was JMS Custom Builders. Chair Stoltz asked Mr.Smith if he owns the easement on the property. Mr.Smith showed the parcel of land he owns and stated that both Drivers and he have easements on both of their properties. EDEN PRAIRIE PLANNING COMMISSION MINUTES April 9@ Page 3 Kris Kline, of Eden Prairie Road, asked if there are any improvements planned for Beverly Drive. Rue said there are not any improvements planned at this time. Pitzrick had a comment about roads in the area and said when the Commission was discussing the past prokct with Toll Brothers;it was discussed about closing Eden Prairie Road. Pitzrick stated th at he thinks the Commission and City, moving forward, should have a comprehensive plan for everything between Eden Prairie Road and Dell Road. MOTION by Fyten, seconded by Schultz, to close the public hearing. Mh W0. MOTION by Fyten, seconded by Schultz, to recommend approval of the Xning District Change from Rural to R43 Son (acres and Preliminary Plat of 0 acres into lots and loutlot based on plans stamped dated march 20and the staff report dated April 6(D MWO. VIII. PLANNERS'REPORT Franzen stated there will be one public hearing scheduled for the nekmeeting. IX MEMBERS'REPORT X CONTINUING BUSINESS K NEW BUSINESS H. ADJOURNMENT MOTION by Kirk, seconded by Schultz, to adpurn the meeting. Mil 70. There being no further business, the meeting was adpurned at q)m. CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims May J(D DEPARTMENTDIVISION: ITEM DESCRIPTION: ITEM NO.: X Sue Kotchevar, Bice of the Payment of Claims City ManagerFinance Rifth Move to: Approve the Payment of Claims as submitted toll call vote) Sp Checks is Wire Transfers di (@ Wire Transfers 44 City of Eden Prairie Council Check Summary fl Division Amount Division Amount General x ®Escrow Fund -V m City Manager 3 9 SAC Agency Fund m Legislative 0 Benefits Fund 0 Legal Counsel -9 3 Property hsurance 4 m City Clerk 9 1 Fleet Iiternal Service 1 Customer Service (9 8 Ir hternal Service �8 2 Unan Resources 6 3 Facilities fkrating EF 1 Communications 6 6 Facilities City Center EF 4 Benefits&raining 3 Facilities Comm.Center EF 0 Assessing �2 THWiFd 574E14 1 Finance �z 1 bbsing and Community Services 1 Planning -3 Rork 1,55FW 6 Public Safety Communications 33 1 Economic Development 0 8 Community Development Admin. 3 3 Park Maintenance 3 fkanized Athletics 4 Community Center 3 Senior Center is M Arts 6(Qdoor Center b Park Rental Facilities !� 6 Arts Center ®Police X 4 Fire 4 0 Engineering 4 0 Street Maintenance -V 0 Street Lighting :9 TIGWd 235,115 0 CDBG 0 Cemetery fkration 2 0 Senior Board 3 ®E-B 4 0 DWIForfeiture 6 TWIRw d 4,66 0 CP Fund ;D 3 Inprovement Prokcts 0 �9 TICIPJFd 1$27 M Prairie Klage Ligor X 0 Den Road Ligor 0 Prairie Mw Ligor 6 Den Road Building 0 Water Fund 0 Sewer Fund 0 Storm Drainage Fund TIEI'd 67M64 City of Eden Prairie Council Check Register 4 Check# Amount &hdor/Eplanation Account Description Business hit Eplanation 4 Z CERDAN State TaiKs Withheld Ulth and Benefits TaiKs Withheld 4 38 P13LU EMPLOES RETREMENT AS PERA bhlth and Benefits PERA 4 B MNNESDA DEPT DREENE Cash ar6hort General Fund Sales&Tax 9 f8 NEL ENERGY Electric Water Wells Monthly Electric hvoice 4 X NEL ENERGY Electric Street Lighting 4 N METRMFAN CDCL Due to(her Governments SAC Agency Fund 4 ;0 E I ENNER&NS (her Contracted Services Water Capital 4 4 14WKNS NC Machinery&gipment Water Capital ® �5 COALT ENA)kTNG NC Inprovement Contracts Storm Drainage 3 4 JNSN BRDBRS LQ CO Transportation Den Road Ligor Store 4 M JNSN BRDBRS LQ CO Transportation Den Road Ligor Store 4 OD T14NE 14WKNS PDAR CBIU)ET Autos Police 4 (1)KECIIE CNSTRDTN CO (her Contracted Services Rehab 4 V KDV Audit Financial Finance 4 (E AMERTRAK (her Contracted Services Snow&e Control 4 (1 NG Deferred Compensation General Fund 4 $WRTBERIRAGE MNNESDA Transportation Den Road Ligor Store 4 M WRTBERIRAGE MNNESDA Transportation Den Road Ligor Store 4 Q WRTBERIRAGE MNNESDA BEER Beer Den Road Ligor Store 4 (R GMA RETREMENT TRBJT-4 Deferred Compensation General Fund 4 J9 TOPE DI;TRBUNG Misc Taable Den Road Ligor Store 1 9 JJ TAbB DhTRBUNG MNNESO Transportation Den Road Ligor Store a 2 WRTBERIRAGE MNNESDA BEER Beer Den Road Ligor Store 4 A QLTWNE&PRIGS CO Transportation Den Road Ligor Store 4 J5 QLTWNE&PRIGS CO Transportation Den Road Ligor Store 4 �9 TOPE DI;TRBUNG Beer Den Road Ligor Store 4 J9 SUIRN WNE&PRIGS DMN Transportation Den Road Ligor Store 4 J5 PRAREEW RETAL LLC IiIlities Prairie Iiw Ligor Store 4 12 DA'DI;TRBUNG Misc Taable Den Road Ligor Store ! 13 PULPS WNE AND SPRIGS NC Transportation Den Road Ligor Store 4 11 SUIRN WNE&PRIGS DMN Transportation Den Road Ligor Store 4 f®DA'DI;TRBUNG Beer Prairie Iiw Ligor Store 4 f®HNNEPN CNT)'REASRER Licenses,Permits,Tacts Capital hipr./Maint.Fund 4 Ob JJ TAbB DhTRBUNG MNNESO Transportation Den Road Ligor Store 4 ®ENCOE BIQ Building Den Road Building 4 B PRO (her Contracted Services bbsing and Community Service 4 4 PABJTI;&NS CUPANY Transportation Prairie Vlage Ligor Store 4 ;4 PULPS WNE AND SPRIGS NC Transportation Den Road Ligor Store 4 73 METROALES NCOPOATED* (her Rentals IC gating 4 (0 R BUDERS (her Contracted Services Rehab 4 1 NEW WOLD SYTEMS (her Assets CP-Bonds 4 (9 GRAMNT Treatment Chemicals Water Treatment Plant 1 (0 RUBELD,CICT) Autos Park and Recreation 4 (0 MNNESDA REUNC (her Contracted Services Rehab 3 (A BRAN NTERTEC COPOATN Design&ngineering Inprovement Pro*cts 0 4 0 WNE MERC14NTS NC Transportation Den Road Ligor Store I V SUVEST SBRBAN CABLE CUMI Dues&ubscriptions City Council Check# Amount &hdor/Eplanation Account Description Business hit Eplanation 9 9 MAACO Ezlipment Repair Taint Fleet gating 45 DAKU)A SPJPL`;RONC Merchandise for Resale Water Metering a 42 H[VNEPN CNTVREASRER Board of Prisoner Police 8 4�NTEGRIFREMDELNG MESGN Contract Svcs-General Bldg FitnessConference-Crary Ctr 11 ,A BARR ENGNEERNG CUPANY (her Contracted Services Storm Drainage 0) ,4 CENTERPNT ENERGY Gas Water Treatment Plant 10 34 ASPEN WASTE SYTEMS NC. Waste Disposal FitnessConference-Cmty Ctr :1 STEMPRE),NC (her Contracted Services Communications s 3 BELLBURPRATN Transportation Den Road Ligor Store I A ARLT,ALDEN (her Contracted Services Rehab 9 A CENTRYNK Telephone General Community Center 9 3 XREME NTEGRATN Capital filler 00 Fleet gating 9 3 PABJTI;&NS CUPANY Transportation Den Road Ligor Store a �6 GRAMNT Treatment Chemicals Water Treatment Plant 11 M RD(EWENT CO Egipment Repair Taint Fleet gating �O TEENS ALNE (her Contracted Services bbsing and Community Service ( BELLBURPRATN Transportation Den Road Ligor Store 3 ERN WRELESS Wireless Subscription IF gating I H[VNEPN CNTTUEDGAL CENTER Tuition ReimbursementSchool Police 11 3 MAACO Ezlipment Repair Taint Fleet gating 9 �)PSTTAGE BrNE RESERFACCO Postage Customer Service 9 �9 MNNESU)A ELE)kTR NC Contract Svcs-Elevator Senior Center 5 �2 ERLRER POT 9 Miscellaneous Reserves 3 �§WNE MERC14NTS NC Transportation Den Road Ligor Store 19 �9 HVSTENS NC Beer Den Road Ligor Store A GM WOKS Ezlipment Repair Taint Fitness Center 9 XN PAPER CUPANY Cleaning Supplies City Center gyrations 11 �5 CAPSTNE UES Cash ar6hort General Fund 9 �9 MEALS N WHELS (her Contracted Services bbsing and Community Service 3 �EJHALTIFVRKS MEDGAL GRP MN Ulth Fitness Fire 9 ;9 SRLRREWNG CO Beer Den Road Ligor Store 19 �D MNNESU)A VCLLET-LECTRG CO Electric Riley Creek Woods 19 �9 PRESTGE CNTRACTNG LLC Building Den Road Building CENTERPNT ENERGY Gas Crestwood Park 9 GENNE PARTS CUPANY Repair&Iaint.Supplies Sewer System Maintenance 19 18 CERDAN Ceridian IF gating s 19 KRTERRA,NC OS-Leak Detection FiRity gyrations-General 11 J)CLADES CERAMG TLE NC Contract Svcs-General Bldg Pool Maintenance 18 CERDAN Ceridian IF gating 3 19 STRNER,ELRBETH Tuition ReimbursementSchool fkanizational Services 11 19 GRANGER Cleaning Supplies IiIlity gyrations-General 9 B WNE CUPANYTH Transportation Prairie Mw Ligor Store f .9 MARS14LL&WFT Dues&ubscriptions Assessing 9 R W P R S MARS CO gating Supplies IiIlity gyrations-General 9 A RENDERS NC Chemicals Park Maintenance a B ARENA SERVES AND PRDDTS Contract Svcs-to Rink to Arena Maintenance (9 JS XN PAPER CUPANY C IRobinson-Cleaning Supplies City Idl-Direct Costs 11 B MENARDS Small Tools Water System Maintenance 11 18 ESCITNSTRDTN SPJPL'JC Repair&Iaint.Supplies Storm Drainage 9 JR STAPLES ADXNTAGE Bice Supplies bbsing and Community Service 11 18 MN MANTENANCE EWENT NC Small Tools Park Maintenance Check# Amount &hdor/Eplanation Account Description Business hit Eplanation 9 JB CHIAG@AKES DSTRBUNG Beer Den Road Ligor Store 4 B PADS TW(WARADD Egipment Repair Taint Public Safety Communications 6 9 JN A DALSN&N NC Contract Svcs-Roof ke Arena Maintenance 6 J3 ANCH PAPER CUPANY Oice Supplies Customer Service ® 12 FOMS&YTEMS DMNNESDA Printing Police 9 12 SBRBAN THE WIIESALE NC Tires Fleet gating II JS GE CAPTAL (her Rentals IC gating 6 JO UELNE (her Contracted Services BIusing and Community Service 5 B BNNEPN CNTYREASRER Licenses&aiKs Riley bbse I D MACQEN EWENT NC Egipment Parts Fleet gating I J9 TKOVNES,NC Wine Inported Prairie Mw Ligor Store a .9 EARL F ANDERSEN NC Signs Snow&e Control 6 J9 LEUEFFREY Deposits Escrow 6 J9 LELKAREN Deposits Escrow I .9 WNE CUPANYIH Transportation Den Road Ligor Store I J9 BARNES,BELNDA A. (her Contracted Services Mlleyball 9 B STAPLES AD)kNTAGE Oice Supplies Customer Service A(W CUMERCAL PD SPIPLY Supplies-Pool Pool Maintenance a D GRENTNE CNSTRDTN CUPANY Building Capital MaintReinvestment 6 9 NOTHRN SAFETYECNDO'NC Egipment Parts Fleet gating 6 9 BERNGKS WNE Wine Domestic Den Road Ligor Store a 9 GRAPE BEGNNNGS Transportation Den Road Ligor Store 6 9 FASTENAL CUPANY gating Supplies Traffic Signs 9 ®NAC Contract Svcs-Plumbing City Center gyrations a S WALSER C14SLER JEEP Egipment Parts Fleet gating 1 6 PETT`CASH 3 6 TEAM LABOATO HMGAL COPO Repair&Iaint.Supplies Sewer Lift station 3 6 RETRfY RECULNG NC Supplies-Electrical FitnessConference-Cmty Ctr 9 PETERSN BRORENG AND CNS Contract Svcs-General Bldg City Idl-CAM 6 6 MDWEST COA CDA BUrLNG CAI Misc Taable Prairie Mw Ligor Store a 5 CUMERCAL STEAM TEAM (her Contracted Services Prairie Mw Ligor Store 6 6 KEEPERS Clothing Eforms Police 6 9 DE LAGE LANDEN FNANCAL SERY (her Rentals IC gating If 6 ML6)SANDWGHS Merchandise for Resale Concessions 9 9 PALMER,DAbb Deposits-P&Refunds Community Center Admin 6 T CUMERCAL STEAM TEAM (her Contracted Services Den Road Ligor Store ® m EDNA,CICT) (her Contracted Services Communications 1 6 BERR` EFEE CUPANY Merchandise for Resale Concessions 6 8 WSB&SSOATES NC Design&ngineering Inprovement Proi cts 6 9 6 FEDT,ADAM M Conference Epense IC gating 6 6 BN ENTERPRI;ES,NC Ligor Prairie Mw Ligor Store 9 6 CERDAN Garnishment Withheld General Fund 6 4 CDW GDRNMENT NC. Miscellaneous IC gating 11 4 LAN(1EWENT NC Egipment Parts Fleet gating 4 CNCRETE CQJTNG&ONG NC Repair&Iaint.Supplies Storm Drainage A GRAPE BEGNNNGS Transportation Prairie Vlage Ligor Store N 6 BNDLESS NETWDK gating Supplies ke Show 4 6 PRGOCE SPIPLY Supplies-General Bldg 62door Center Facilities I IB BUK,NAT14N (her Contracted Services Mlleyball 3 IB FERRELLGAS Gas 62door Center 6 6 GNDERSN,CNSTANCE L. hstructor Service Arts Center Check# Amount &hdor/Eplanation Account Description Business hit Eplanation 1 6 MNGPALS (her Contracted Services f4anizational Services 9 6 LEGACWANEACTRNG NC Building Capital InprMaint Fitd If 6 SOWEST TRANST (her Contracted Services bbsing and Community Service 4 6 METR(ELE)kTO NC Contract Svcs-Elevator City Idl-CAM 4 9 NEW FRANCE WNE CUPANY Transportation Den Road Ligor Store 4 4 BLUNGTN,CTY) Kennel Services Animal Control 9 0 BATES,DN (her Contracted Services Community Band 4 4 JN HNRTOTER MNNESUA N Maintenance Contracts Water Treatment Plant 4 6 CHMSEARCH Supplies-AIC City Idl-CAM 4 5 LND NDEJTRES Egipment Parts Fleet gating 4 6 MEDGNE LAKE TRS Special Event Fees Trips 4 9 WRLD WDE CELLARS NC Transportation Prairie Mw Ligor Store 9 4 TH DSS GRO Employee Assistance f4anizational Services 9 0 KASER,DAbb S gating Supplies Park Facilities 4 9 FASTENAL CUPANY Egipment Repair&faint Park Maintenance 9 4 HNNEPN CNTT DEPT Software Maintenance iC gating 4 fi MN STATE BORD DASSESSRS Licenses BPacts Assessing ® 9 MNNESDA FRE SERVE CERTFI Employment Support Test Fire 9 8 RUK,ELRBETIDEE hstructor Service 62door Center 9 6 MTIDSTRBUNG NC Egipment Parts Fleet gating 4 6 GRANGER Small Tools Water Treatment Plant 4 4 NOTHRN AR COPOATN Contract Svcs-AIC Cummins Grill bbse 4 4 S14MROK GRD NC-ACE GE Transportation Den Road Ligor Store 4 4 MAECK,TU (her Contracted Services Community Band 9 4 NATAREI MY hsurance Property hsurance 4 4 PRNT SRCE MNNESDA Printing Police 4 4 LUE NG PRNTNG NC Printing Arts in the Park ® 0 FRAD SUSS Tuition Reimbursement6chool Police 4 4 BRUHRS FRE PRDECTN Egipment Repair&faint Fleet gating t@ 4 GRANGER Supplies-AIC City Idl-CAM 1 0 HLENBACK&ELSN Deposits Escrow 4 4 NEW AMERGAN ACADEMY (her Contracted Services bbsing and Community Service 4 4 GREATAMERGA LEASNG COP. (her Rentals Customer Service 9 4 MDWEST COA CDA BUrLNG CAI Misc Taable Den Road Ligor Store a 4 BUD,PAUNE hstructor Service 62door Center 4 0 LUE NG PRNTNG NC Printing Agatics Fitness Admin 4 0 CENTER FO HALTIENG hstructor Service Senior Center Programs 4 0 HNNEPN CNT`DHF DPUU Dues&ubscriptions Police 4 9 MNNESUA DEPT DREVNE Motor Fuels Fleet gating 4 9 BERTELSN TUAL BUE SDUD Oiiice Supplies IiIlity gyrations-General g 9 PLNKETTS PEST CPMTRDNC Contract Svcs-Pest Control Htorical Buildings 4 3 WIrT,BETH Mileage Narking Agatics Fitness Admin 9 5 TAbB,EMLY hstructor Service Arts Center 4 0 L13RUATN TECNDOES NC Lubricants&dditives Fleet gating 9 I BTFU CUNARTWENT& gating Supplies Senior Board 4 fi GRAND PERE WNES NC Transportation Prairie Mw Ligor Store 9 fi PU14LSKIMARY hstructor Service Arts Center ® 4 EARL F ANDERSEN NC Signs Traffic Signs If 3 TRA-LIENS,NANCY Mileage Narking Administration ® 8 PRARE LAWN AND GARDEN Egipment Repair&faint Park Maintenance 6 3 CENTRTDLEGE Dues&ubscriptions Fire Check# Amount &hdor/Eplanation Account Description Business hit Eplanation 3 3 HMES,TU (her Contracted Services Softball 1 0 RGK,ELRBETEDEE hstructor Service (2door Center f 0 KAPAN,RXN Tuition ReimbursementSchool Police 2 0 ROE,ANDREW Tuition ReimbursementSchool Police I I HNSTENS NC Beer Den Road Ligor Store f 0 PETERBLT NHTH Egipment Parts Fleet gating f 0 hICIa7UPANY Process Control Egipment Water Treatment Plant f 0 CNNESAFETrRDUTS Oice Supplies Customer Service f 0 WASNGTN CNT'EHRFFS DE Deposits Escrow 2 0 QLIC'2EFRGERATN Egipment Repair&faint Concessions % Q METR(ATIIETG SPIPLY gating Supplies Park Maintenance f 9 MNNESDA ELE)kTH NC Building Repair&faint. Water Treatment Plant f 9 PNNACLE DSTRBUNG Misc Taxble Den Road Ligor Store f 0 LAKE CNTRY)D LLC Egipment Repair&faint amity gyrations-General f Q ADAMS PEST CNTRD NC Contract Svcs-Pest Control 62door Center Facilities f 3 NGDLET CNT`SBRFFS DEPT Deposits Escrow f I MNNESDA)kLLETLECTRG CO Electric Traffic Signals f I CLAREYNC Egipment Parts Fleet gating % 9 NOTHRN AR CHPHATN Contract Svcs-Plumbing Dunn Brothers f 8 GETTMAN CUPANY Misc Taxble Den Road Ligor Store f 9 STAR TRBNE MEDA CUPANT-LC Legal Notices Publishing City Clerk f d LATE,NNA J (her Contracted Services Mlleyball f 3 LENTER,LES D SPA AR tRity Water Enterprise Fund f f FHCE AMERGA Egipment Parts Fleet gating f f AMERGAN BUrLNG CUPANYIH Misc Taable Prairie Mw Ligor Store f f CENTR NK Telephone Water Distribution f 0 CICT-NGNEERS ASSO DMNNES Dues&ubscriptions Engineering f 8 ABLE EE&IABER NC gating Supplies Water Treatment Plant f 4 WM MELLER AND SNS NC Landscape Materials6upp Park Maintenance f 2 KEEPERS Clothing Eforms Reserves I I STREGHRS Clothing&iforms Police I Z RUHWA`DLASS NC Egipment Repair&faint Fleet gating f 0 SRCH FNGER PRNT LABOATO gating Supplies Police f 0 CUCAST Wireless Subscription IC gating 1 0 AMERGAN BUrLNG CUPANYI'H Misc Non-Taxble Den Road Ligor Store S 0 SACKETT,MATTHW Egipment Repair&faint Police 1 0 KLEMP,JEANNE Deposits Escrow f 0 KDCREATE STDD (her Contracted Services Environmental Education f 9 KOHR,SUAN hstructor Service 62door Center 9 2 NOTHRN TD gating Supplies Traffic Signs f f MACQEN EWENT NC Egipment Parts Fleet gating f f SPS CUPANES Repair&Iaint.Supplies Park Maintenance f f MNNESDA ATIIETC APPAREL gating Supplies Fire 1 3 MENARDS gating Supplies Park Maintenance I I JNSTNE SPIPLY Supplies-AIC ke Arena Maintenance I f NFDIVIS NLMTED Clothing&iforms Police I f MNNESDA PRNT MANAGEMENT LLC Bice Supplies Customer Service f 5 HNNEPN CCYARANR SERVES Software Maintenance IC gating f Y PC gating Supplies Police f t@ PETERSN,ERG Deposits-P&Refunds Community Center Admin 3 t@ NDEM,NAUI Mileage Narking Community Center Admin Check# Amount &hdor/Eplanation Account Description Business hit Eplanation 8 S AMERPRDE LNEN 8®PPAREL SER Repair&Iaint.Supplies Den Road Ligor Store 5 5 TRUK ULTES MFG CO Egipment Parts Sewer Lift station I IB RA)LEE (her Contracted Services Softball 1 6)MESELL,KATELN (her Contracted Services Mlleyball 11 di GRAFNePE Egipment Repair&faint Fleet gating 3 4 EXREME BEFRAGE Misc Taxble Prairie Vlage Ligor Store a 4 PRARE LAWN AND GARDEN Egipment Repair&faint Park Maintenance ® 4 AMERPRDE LNEN 8®PPAREL SER Janitor Service Prairie Vlage Ligor Store 4 h PWERPLAN D Small Tools Park Maintenance 11 9 BRWNNG,RXN (her Hdware IC gating 1 9 SPOTS NLMTED Repair&faint-to Rink to Arena Maintenance 11 3 LERUD TRUKNG NC (her Contracted Services Animal Control 11 4 QLiC'rRHANE Motor Fuels to Arena Maintenance 11 4 AARP DRER SAFETrRORAM (her Contracted Services Senior Center Programs 11 4 ADAMS PEST CNTRDNC (her Contracted Services IiRity gyrations-General 11 1 DANIUER,LNDSEY Mileage Narking Arts 8 I CARLSN,PAU Mileage Narking Engineering io (@ WALL TRENDS NC Contract Svcs-General Bldg Park Shelters I I EJHALTITVOKS MEDGAL GRP MN Employment Support Test fkanizational Services I IB PETSMART Canine Supplies Police I ID PARLET-AKE WNERY Wine Domestic Prairie Vlage Ligor Store ACP Dues&ubscriptions Police a ID S14MROK GR(A NC-ACE GE Transportation Den Road Ligor Store 4 9 MDWEST ASP14LT COPOATN Repair&Iaint.Supplies Storm Drainage 11 8 BAER BUT THE AND BATTERY Egipment Parts Fleet gating S 8 PALS)SPOTS NC gating Supplies Birthday Parties 9 8 MLLER UES LLC AR tRity Water Enterprise Fund 5 CNIPAR NC (her Hdware IC gating [I (D QLTY)RHANE Motor Fuels to Arena Maintenance S ®JN DEERE LANDSCAPESLESCO Repair&Iaint.Supplies Park Maintenance [I ®LFT BRDGE BREWERY Beer Prairie Vlage Ligor Store I ®JNSN,BARRN AR Ifity Water Enterprise Fund If @ SENDRIAS,ANN Refunds Environmental Education 19 @ ARNDEL,STEE Refunds Environmental Education 8 @ RESEN,BRAN Refunds Environmental Education a @ HNNEPN CNTYREASHER Waste Disposal Park Maintenance ® 9 BFFS NC gating Supplies Police 1 0 HFFERAN,CNDI Mileage Narking Day Care 19 0 BNNEPN CNTYREASHER gating Supplies-Escrow Planning 3 0 DRECTV Cable TV Community Center Admin 11 0 DRECTV Cable TV Community Center Admin 1 9 V(4NDES Transportation Prairie lbw Ligor Store 11 9 MNNESDA DEPT DHALTH Licenses BPaiKs Water System Maintenance ® 9 NOTWEST RESPRATD"BERVE gating Supplies Fire 1 9 MNNESDA BD DPEACE B'GER Dues&ubscriptions Police 9 9 NKER,DAN Refunds Environmental Education a 9 NEN SERVE CUPANY gating Supplies Fire 8 DELLI UMU)V NC Egipment Parts Fleet gating 8 AGBERG,ELRBETH AR Ifity Water Enterprise Fund 1 S MPX3RD TH Printing Police f 8 SPS CNIPANES Repair&Iaint.Supplies Water Treatment Plant Check# Amount &hdor/Eplanation Account Description Business hit Eplanation 4 $GNA MARAS NC gating Supplies Fire 4 $ATKMOLTY Pager&ell Phone Water System Maintenance 4 ®STEMPF AUIUV NDBJIRES I Egipment Parts Fleet gating 4 9 W W GDTSCUSSOATES NC Egipment Parts Water Treatment Plant 4 7 CATC®ARTS SERVE Egipment Parts Fleet gating 9 6 SANDERS,14RDD D Non-Develop.Fire Permits General Fund 4 5 FENRUK,PATRUA Mileage Narking Community Development Admin. 4 4 SC14RBER&NS Egipment Parts Fleet gating 4 4 611BATTERES NC Office Supplies Customer Service 4 2 STAR TRBNE MEDA CUPANT_LC Dues&ubscriptions IiIlity gyrations-General 1 2 SCMDT,SANE (her Revenue General Fund 4 2 PIPS THE SERVE NC Egipment Repair&faint Fleet gating 4 6 CUMAN MU)O CUPANY-4C. Egipment Parts Fleet gating 9 6 hTATE Egipment Parts Fleet gating ® 6 EDE,C14ETNA Mileage Narking Community Center Admin 9 6 MN ME EVERTS AR Ifity Water Enterprise Fund 9 6 WRESUANNA Mileage Narking Police 4 6 CUMAN MOO CUPAN NC. Egipment Parts Fleet gating 4 6 KALLGBR,ANDREA Mileage Narking Community Center Admin S 6 KOBR,SEAN hstructor Service 62door Center 4 6 MATSN,TU Small Tools Fleet gating 4 6 FS1U7UMNUATNS LLC Telephone Round Lake 4 6 ST CRRECREATN C(NC Repair&Iaint.Supplies Park Maintenance 4 6 FOCE AMERGA Egipment Repair&faint Fleet gating 6 DENN6,AARN AR amity Water Enterprise Fund ® 6 TWN CICfiEED CO Landscape Materials6upp Street Maintenance 4 6 BUD,PAUNE hstructor Service 62door Center 4 6 TRICNTMEVRAGE&PJPLY Misc Non-Taable Den Road Ligor Store 4 9 METRMFAN FOD Egipment Parts Fleet gating 4 5 KRUGER,MARK gating Supplies Reserves 3 5 DN,7N AR amity Water Enterprise Fund 1 5 HNNEPN CNTYREASHER gating Supplies-Escrow Planning 4 5 7ANEWC Supplies-General Building City Center gyrations 4 3 PLASTUS NTERNATNAL gating Supplies Street Maintenance 4 3 ASPEN MLLS Clothing&Iforms Fire 4 6 MNNESUA WANNER CUPANY Egipment Repair&faint Park Maintenance 4 6 ANDERSN,GREG Refunds Environmental Education 4 6 CLANCYPATRUK Refunds Environmental Education 4 6$LNGSWOTHKAREN Refunds Environmental Education 4 6 GRW,PATRUA Refunds Environmental Education 1 4 BAS(KRhTI Refunds Environmental Education 9 6 MNNESUA DEPT DHALTH Licenses&aiKs Water System Maintenance 9 6 M61SELL,KATELN (her Contracted Services &lleyball 4 4 DALBEC,COY Conference Epense Iility gyrations-General 9 4 KEY WIRE NC AR IiIlity Water Enterprise Fund 1 4 STATE DMNNESUA Miscellaneous DWIForfeiture 4 4 7 IILARSN CUPANY Supplies-Electrical City fill-CAM 4 4 7ASNS DELI Conference Epense Community Development Admin. 4 4 PAPER DRECT NC Oice Supplies Customer Service 4 411 SPJPLWATERWOKS LTD Repair&Iaint.Supplies Water System Maintenance 9 0 PARKER,ALLAN Deposits Community Center Admin Check# Amount &hdor/Eplanation Account Description Business hit Eplanation 1 0 PETRESCLUATALN Deposits Community Center Admin 1 0 TE,C14REY Deposits Community Center Admin 1 0 WATSN,JAMES Deposits Community Center Admin ® 0 EDEN PRARE C14MBER DCUMER Conference Epense Economic Development 1 S WALSER C14SLER JEEP Egipment Parts Fleet gating 2 S RDRD,SALLY AR amity Water Enterprise Fund 11 3 FASTSGNS gating Supplies Special Events CC) 9 6 MNNESDA TRHHS&uFTS Signs Water Treatment Plant 5 5 FRE MARS14L ASSN DMNNESDA Dues&ubscriptions Fire 1 5 TDL GAS AND WELDNG SPIPLY Small Tools Fleet gating 3 BND TREE MEDGAL LLC EMS Supplies Fire N 0 GERRSHKRRY Deposits Community Center Admin 1 0 ND SC$DST 2 Conference Epense Facilities Staff 4 2 DELLAUMOV NC Egipment Parts Fleet gating 4 KADA ASSOATES LLC AR Ifity Water Enterprise Fund If 2 MPCA Licenses&aiKs Sewer fiRity-General 1 2 RGFIELD,CICT) Autos Police If 2 STATE DMNNESDA Miscellaneous DWIForfeiture a 2 PESLE-A3ABRELE AR amity Water Enterprise Fund 1 9 ADAMS,LVDSE Deposits Community Center Admin 1 9 BAJDA,JOEPH Deposits Community Center Admin 1 9 BLE,AMANDA Deposits Community Center Admin 9 9 CRW,CNDY Deposits Community Center Admin 1 9 EDEN PRARE C14MBER DCUMER Miscellaneous City Council 1 9 GOLKIPUAS Deposits Community Center Admin 11 9 JANES,DALLAS Deposits Community Center Admin 11 9 LEAGEDMNNESDA CICES Office Supplies Customer Service 11 9 MNNESDA DEPT DLABD AND N Conference Epense Iility gyrations-General 1 9 PAGE,AARN Deposits-P&Refunds Community Center Admin 2 9 SDEM,NANCY Deposits Community Center Admin a 9 SMMIC FRE PRDECTN Cash ar6hort General Fund 5 $ROE,MELANE AR IiIlity Water Enterprise Fund 2 Y RECTD,ALLEN AR IiRity Water Enterprise Fund 9 6 CH FDS EDEN PRARE Training Supplies Police 5 5 ASPLEILANNE Deposits Community Center Admin a 5 KOWAREN Deposits Community Center Admin If h SCRODER,DKNE AR IiRity Water Enterprise Fund 5 h ISTATE TRUK CENTER Egipment Parts Fleet gating I I KYE WEE NC AR IiIlity Water Enterprise Fund I @ BODECKER,PAU Deposits-P&Refunds Community Center Admin 11 @ LEER,PAT Cash ar6hort Community Center Admin 1) 9 PIS Postage Fire 11 6 AT& Telephone E-qProgram a 5 BTXER,ANTA Deposits-P&Refunds Community Center Admin S 3 KRAEMERS 14RDWARE NC Supplies-Pool Pool Maintenance a 2 CUCAST (her Contracted Services Police 1 H SPIPLTACLTES MANTENAN Ed Center-Supplies City Idl-Direct Costs 1,55G665 Gdrh I CITY COUNCIL AGENDA DATE: SECTION: Report of the Public Works Director May A DEPARTMENTDIVISION: ITEM DESCRIPTION: ITEM NO.: R.1 Robert Ellis, Director Report on Mious Traffic Related Isues Public Works Rifth No formal action is regested. This is an informational item. Sp At the April Wity Council meeting, Council member Ron Case asked for a report on several traffic related issues. A report on these issues is listed below. Bl#fn Iem thstallation of Flashi nz Mlow Arrow Siiznal hdications h Othe City of Eden Prairi e partnered with L-hnepin County Transportation to convert five signalized intersections from protected only arrow operation to flashing yellow arrow. The City purchased approximately worth of egipmen t necessary to make this conversion and L-hnepin County committed the labor to install th em. The flashing yellow arrows were installed at the intersections of Eden Prairie RoadScenic Hght Driv e, Eden Prairie RoadEastbound Ithway lEden Prairie RoadWestbound Ith way lEden Prairie RoadTimber Lake Drive and Eden Prairie RoadTerry Pine Drive. The City also installed flashing yellow arrows at Mley lbw RoadPrairie Center Drive in h OL-hnepin County has approximately S) budgeted to install flashing yellow arrows at Eden Prairie RoadEdenwood Drive, Mle y lbw RoadBaker Drive and Mley lbw RoadPrairie Center Drive. The City has also regested to install flashing yellow arrows at Mley lbw RoadPlaza Drive under a scenario where the City would purchase the egipment for end L-hnepin County would install it. Future installations of flashing yellow arrows in Eden Prairie will become more epensive as the conversion may regire new signal poles, signal footings, conduit, electric cables, controller cabinets and controllers. Some estimates range as high as for egipment and labor per intersection. The City will continue to look for opportunities to partner with MNDU)and L-hnepin County on future flashing yellow arrow installations. Uvever, it should be noted that not all intersections are good candidates for the conversion. Factors such as poor sight lines, high vehicle speedskolumes and multiple crossing lanes may make some intersections operate more safely under a protected arrow operation. Iem Mastbound 11hway Mottleneck near 11hway Merge baler emoting morning rush hour traffic conditio ns there is routinely a capacity issue on Eastbound Ithway ]hear the Ithway 5nerge. The eact solution to this problem is not completely apparent without some degree of traffic modeling. The City has had past conversations with MNDU)concerning this issue, and there is a recognition that it warrants further studying. Uvever, this should be studie d in concert with the proposed Southwest Light Rail Transit 6WLRT)alignment to ensure alterna tives can deliver desired outcomes. Staff will continue to pursue this issue. Iem giterstate %t Flying Cloud Drive There was a concern about long delays for I4,,x it ramp traffic at Flying Cloud Drive. City staff has asked MNDU)to eamine the vehicle dete ctors to ensure they are working properly. f there is a failing detector it will be corrected. This specific intersection is part of Qbther signalized intersections in the Mapr Center Area that are coordinated together. Leading up to Othe City was receiving numerous calls for improved progression along this corridor. Later th at year, the City partnered with MNDU)to develop and implement a signal progression plan that minimized overall traffic congestion and delay. Since its implementation, co mplaint calls in this area have significantly decreased and staff believes it has improved traffic efficiency. Uvever, accomplishing a successful progression plan can, at times, come with a side effect of longer side street delays at some intersections. f there is a specific time of day, lane, or dire ction associated with a delay, that information can be essential for diagnosing the problem and identifying possible solutions. Iem#Additional Southbound Lane on Preserve Boulevard at Anderson Lakes Parkway The City has been aware of this issue in recent years and has contemplated a Capital hiprovement Prokct to add an additional southbound lane on Preserve Boulevard and possible second left turn receiving lane on Anderson Lakes Parkway. Uvever, current improvements to Wind My lllnay change traffic patterns in this area. Prior to making a substantial investment in roadway changes, staff would like to review the situation once the interstate prokct is completed. Iem ffSpring Road and Prospect Road The intersection of Prospect Road and Spring Road is controlled by a stop sign on Prospect Road. There is a dedicated southbound right-turn la ne and a north-bound left turn area. There is a marked crosswalk across Spring Road at this location. A review of tra ffic accidents at this location over the past three years indicates one minor vehicle accident. Spring Road is also within the jurisdiction of Uhnepin County. Current pedestrian and traffic volumes do not meet signal warrants. A traffic study has predicted that with the connection of Prospect Road to Eden Prairie Road, signal warrants will still not be met. City staff will continue to monitor this in tersection as development progresses in this part of town. tem Future Traffic Siiznal Needs There are currently $raffic signals in Eden Prai rie. A new traffic signa 1 installation typically costs between $4 Ito construct and V $for annual maintenance. As of this time, all intersections that warrant a traffic signal have them. With future development, the City anticipates the possible need for traffic signals at Mley lbw RoadFlying Cloud Drive, Mley lbw RoadShady bk Road, Den RoadWest S `� Street and Prairie Center DriveFranlo Road. h the past there have been signal warrant studies conducted at Uneward Us RoadAnderson Lakes Parkway and Pioneer Trail/Bralon Drive. Warrants were not met at these locations and staff recommends continued monitoring.