HomeMy WebLinkAboutCity Council - 07/16/2013 AGENDA
CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY,JULY 16, 2013 CITY CENTER
5:00—6:25 PM, HERITAGE ROOMS
6:30—7:00 PM, COUNCIL CHAMBER
CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher
Wickstrom, Kathy Nelson, and Ron Case
CITY STAFF: City Manager Rick Getschow, Police Chief Rob Reynolds, Fire Chief George
Esbensen, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah,
Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, City
Attorney Ric Rosow, and Recorder Lorene McWaters
Workshop-Heritage Room II
I. 2014-2015 BUDGET
Open Podium - Council Chamber
II. OPEN PODIUM
III. ADJOURNMENT
AGENDA
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY,JULY 16, 2013 7:00 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher
Wickstrom, Kathy Nelson, and Ron Case
CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, City Planner
Michael Franzen, Community Development Director Janet Jeremiah, Parks and Recreation
Director Jay Lotthammer, City Attorney Ric Rosow and Council Recorder Carol Pelzel
I. CALL THE MEETING TO ORDER
II. PLEDGE OF ALLEGIANCE
III. COUNCIL FORUM INVITATION
IV. PROCLAMATIONS/PRESENTATIONS
A. MINNESOTA RECREATION AND PARKS ASSOCIATION AWARD OF
EXCELLENCE FOR EDIBLE PLAYGROUND
B. DONATIONS TO THE 4TH OF JULY HOMETOWN CELEBRATION
(Resolution)
C. DONATIONS FOR SAFETY CAMP (Resolution)
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, JUNE 18, 2013
B. CITY COUNCIL MEETING HELD TUESDAY,JUNE 18, 2013
VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
VIII. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. AWARD CONTRACT FOR UTILITY RATE STUDY FOR WATER,
SEWER,AND STORM DRAINAGE UTILITIES to ADVANCED
ENGINEERING AND ENVIRONMENTAL SERVICES INC. (AE2S)
C. AWARD CONTRACT FOR 2013 BUILDING ENVELOPE RESTORATION
TO RESTORATION SYSTEMS, INC.
CITY COUNCIL AGENDA
July 16, 2013
Page 2
D. APPROVE DISPOSAL OF SURPLUS PROPERTY
E. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SEH FOR
DESIGN SERVICES FOR STREET AND UTILITY IMPROVEMENTS TO
EDEN PRAIRIE ROAD
F. APPROVE PURCHASE OF A ROAD AND WEATHER INFORMATION
SYSTEM FROM VAISALA INC.
G. APPROVE PURCHASE OF 2013 NEW WAY 8 REFUSE PACKER FROM
KOENIG& SON EQUIPMENT, INC.
IX. PUBLIC HEARINGS/MEETINGS
A. LSS DATA SYSTEMS by LSS Data Systems. Request for Planned Unit
Development Concept Review on 1.6 acres, Planned Unit Development District
Review with waivers on 1.6 acres, Zoning District Amendment in the Office
Zoning District on 1.6 acres and Site Plan Review on 1.6 acres. Location: 6423
City West Parkway. (Ordinance for PUD District Review and Zoning District
Amendment; Resolution for PUD Concept Review)
B. POPEYE'S LOUISIANA KITCHEN by AFC Enterprises, Inc. Request for
Planned Unit Development District Review on .84 acres, Zoning District
Amendment in the Commercial Regional Service Zoning District on .84 acres and
Site Plan Review on .84 acres. Location: 7995 Glen Lane. (Ordinance for PUD
District Review and Zoning District Amendment; Resolution for PUD
Concept Review) (Resolution for PUD Concept Review)
C. REEDER RIDGE by Pulte Homes of MN LLC. Request for Planned Unit
Development Concept Review on 78.56 acres, Planned Unit Development District
Review with waivers on 78.56 acres, Zoning District Change from Rural to R1-
13.5 on 78.56 acres and Preliminary Plat of 78.56 acres into 104 lots, 4 out lots
and road right of way. Location: 9990 Eden Prairie Road. (Ordinance for PUD
District Review with waivers and Zoning District Change; Resolution for
PUD Concept Review; Resolution for Preliminary Plat)
X. PAYMENT OF CLAIMS
XI. ORDINANCES AND RESOLUTIONS
A. LSS DATA SYSTEMS by LSS Data Systems. Second Reading of the Ordinance
for Planned Unit Development District Review with waivers on 1.6 acres and
Zoning District Amendment in the Office Zoning District on 1.6 acres, Resolution
for Site Plan Review on 1.6 acres. Location: 6423 City West Parkway.
(Ordinance for PUD District Review with waivers and Zoning District
Amendment; Resolution for Site Plan Review)
CITY COUNCIL AGENDA
July 16, 2013
Page 3
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
1. Amendment to Extend Lease with Puregrace LLC for the Smith-
Douglas-More Property (8107 Eden Prairie Road—Dunn Bros. Coffee)
2. Resolution Approving Nine Mile Creek Watershed District—
Development Agreement Extension
3. Telecommunication Ground Equipment Screening
D. REPORT OF PARKS AND RECREATION DIRECTOR
1. Community Garden Plot Lease Agreement with Metropolitan Airports
Commission
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
ANNOTATED AGENDA REVISED
DATE: July 12, 2013
TO: Mayor and City Council
FROM: Rick Getschow, City Manager
RE: City Council Meeting for Tuesday, July 16, 2013
TUESDAY, JULY 16, 2013 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. MINNESOTA RECREATION AND PARKS ASSOCIATION AWARD OF
EXCELLENCE FOR EDIBLE PLAYGROUND
Synopsis: Aimee Peterson, representing the Minnesota Recreation and Parks
Association will present the MRPA Award of Excellence for the Prairie View
Edible Playground project.
MOTION: Move to accept the Minnesota Recreation and Parks
Association Award of Excellence for the Prairie View Edible
Playground project and recognize the generous contributions from
the Minnesota Recreation and Parks Foundation New Initiatives
Grant and the very generous donation from an anonymous donor.
B. DONATIONS TO 4TH OF JULY HOMETOWN CELEBRATION (Resolution)
Synopsis: Monetary and in-kind donations allow us to build an even stronger
community event by offsetting the overall event operating costs. This year,
donations were given by:
Platinum-$1,000-$4,999 Gold-$500-$999 Silver-$100-$499
J.A.Price Agency.Inc -$1,000 CES Group/Mammoth-$500 A to Z Rental-$200
Primrose School of EP-$1,000 Bergin Auto Body-$150
Wall Trends-$125
Republic Service-$1,412 Biffs-$200
In-Kind Trash Service In-Kind Hand Sanitizers
ANNOTATED AGENDA
July 16, 2013
Page 2
Motion: Move to adopt the resolution accepting in-kind
donations ($1 ,612) and monetary contributions ($2,975) for the
4th of July Hometown Celebration.
C. DONATIONS FOR SAFETY CAMP (Resolution)
Synopsis: The City of Eden Prairie offers several youth camps each year,
including Safety Camp. Monetary and in-kind donations allow us provide a
quality safety educational opportunity for youth entering 3rd grade. In addition,
the contributions offset the overall camp costs and allow us to keep the
registration fees affordable.
Financial Contributions In-Kind Donations
American Family Insurance- Pax Christi Catholic Community Church—Use Facilities&
$5,000 Audio Visual Equipment(in-kind service)
Eden Prairie Lioness Club-$750 Shamrock Group—30 Bags of Ice
Bearpath Golf&Country Club—Use of 4 golf carts
JJ's Coffee+Wine Bistro—Provided Coffee Carafe for
Volunteers and Presenters Both Days
MOTION: Move to adopt the resolution accepting financial
contributions ($5,750) and in-kind donations for the annual Safety
Camp.
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, JUNE 18, 2013
B. CITY COUNCIL MEETING HELD TUESDAY, JUNE 18, 2013
VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
VIII. CONSENT CALENDAR
MOTION: Move approval of items A-G on the Consent Calendar.
A. CLERK'S LICENSE LIST
B. AWARD CONTRACT FOR UTILITY RATE STUDY FOR WATER
SEWER, AND STORM DRAINAGE UTILITIES to ADVANCED
ENGINEERING AND ENVIRONMENTAL SERVICES INC. (AE2S)
ANNOTATED AGENDA
July 16,2013
Page 3
C. AWARD CONTRACT FOR 2013 BUILDING ENVELOPE
RESTORATION TO RESTORATION SYSTEMS,INC.
D. APPROVE DISPOSAL OF SURPLUS PROPERTY
E. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SEH
FOR DESIGN SERVICES FOR STREET AND UTILITY
IMPROVEMENTS TO EDEN PRAIRIE ROAD
F. APPROVE PURCHASE OF A ROAD AND WEATHER INFORMATION
SYSTEM FROM VAISALA INC.
G. APPROVE PURCHASE OF 2013 NEW WAY 8 REFUSE PACKER
FROM KOENIG& SON EQUIPMENT, INC.
IX. PUBLIC HEARINGS/MEETINGS
A. LSS DATA SYSTEMS by LSS Data Systems. Request for Planned Unit
Development Concept Review on 1.6 acres, Planned Unit Development
District Review with waivers on 1.6 acres, Zoning District Amendment in the
Office Zoning District on 1.6 acres and Site Plan Review on 1.6 acres.
Location: 6423 City West Parkway. (Ordinance for PUD District Review
and Zoning District Amendment; Resolution for PUD Concept Review)
Official notice of this public hearing was published in the July 4, 2013, Eden
Prairie News and sent to 7 property owners.
Synopsis: This project is a relocation of parking stalls on the site with setback
waivers to parking. As a part of the road improvement project at Shady Oak Road
and City West Parkway, additional right-of-way was needed which resulted in a
change in property lines and parking areas. The project will require the following
PUD waivers:
1. Side yard parking setback from 10 feet to 1 foot at its closest point along the
west property line;
2. Front yard parking setback from 35 feet to 4.7 feet at its closest point along
the north property line.
The second reading of the ordinance and resolution for site plan approval is listed
later in the agenda under Ordinances/Resolutions. This action is needed to allow road
improvements to be completed sooner and minimize impacts to existing businesses.
The 120-Day Review Period Expires on September 19, 2013. The Planning
Commission voted 6-0 to recommend approval of the project at the June 24, 2013
meeting.
MOTION: Move to:
• Close the Public Hearing; and
• Adopt the Resolution for Planned Unit Development Concept
Review on 1.6 acres; and
ANNOTATED AGENDA
July 16,2013
Page 4
• Approve 1st Reading of the Ordinance for Planned Unit
Development District Review with waivers, and Zoning District
Amendment in the Office Zoning District on 1.6 acres.
B. POPEYE'S LOUISIANA KITCHEN by AFC Enterprises, Inc. Request for
Planned Unit Development District Review on .84 acres, Zoning District
Amendment in the Commercial Regional Service Zoning District on .84 acres
and Site Plan Review on .84 acres. Location: 7995 Glen Lane. (Ordinance
for PUD District Review and Zoning District Amendment; Resolution for
PUD Concept Review) (Resolution for PUD Concept Review)
Official notice of this public hearing was published in the July 4, 2013, Eden
Prairie News and sent to 15 property owners.
Synopsis: This is an exterior architectural remodel of an existing building.
No building expansion or changes to the approved site plan are proposed. The
remodel meets zoning code requirements. The 120-Day Review Period
Expires on October 1, 2013. The Planning Commission voted 6-0 to
recommend approval of the project at the June 24, 2013 meeting.
REVISED MOTION MOTION: Move to:
• Close the Public Hearing; and
• Adopt the Resolution for Planned Unit Development Concept
Amendment on 0.84 acres; and
• Approve 1st Reading of the Ordinance for Planned Unit
Development District Review and Zoning District Amendment
within the Commercial Regional Services Zoning District on
0.84 acres; and
• Direct Staff to prepare a Development Agreement
incorporating Staff and Commission recommendations and
Council conditions.
C. REEDER RIDGE by Pulte Homes of MN LLC. Request for Planned Unit
Development Concept Review on 78.56 acres, Planned Unit Development District
Review with waivers on 78.56 acres, Zoning District Change from Rural to RI-13.5
on 78.56 acres and Preliminary Plat of 78.56 acres into 104 lots, 4 out lots and road
right of way. Location: 9990 Eden Prairie Road. (Ordinance for PUD District
Review with waivers and Zoning District Change; Resolution for PUD
Concept Review; Resolution for Preliminary Plat)
Official notice of this public hearing was published in the July 4, 2013, Eden
Prairie News and sent to 32 property owners.
Synopsis: This project is the subdivision of 78.56 acres into 104 lots and 4
outlots. The preliminary plat shows 104 single-family lots at a gross density of
ANNOTATED AGENDA
July 16,2013
Page 5
0.76 units per acre. The net density is 2.18 units per acre. The lot sizes range from
13,500 sq. ft. to 74,264 sq. ft.
The proposed lots meet the lot size and setback requirements. Waivers are
requested for street frontage and cul-de-sac length. These waivers are justified by
the dedication of the conservation easement areas over the wetlands and burial
mounds and the dedication of Outlot C to protect trees and vegetation along the
bluff. The preliminary plat shows four outlots. Outlot A will be privately owned
by the homeowners association. Outlot B is being reserved for possible future
right of way for the realignment of Eden Prairie Road. Outlot C is proposed to be
dedicated to the City to protect the bluff. Outlot D is a conservation easement for
the protection of a wetland buffer and proposed to be dedicated to the City. The
120-Day Review Period Expires on October 15, 2013.
The Planning Commission voted 5-2 to recommend approval of the project at the
June 24, 2013 meeting. The Planning Commission noted several items to be
addressed as follows:
1. Item 2C should read, RESERVE Outlot B for the future Eden Prairie Road
alignment.
a. Prior to second reading, the developer(working with City staff) shall
finalize the shape and size of Outlot B to conform to the best available
information for the extension of Eden Prairie Road to CSAH 61 (Flying
Cloud Drive).
b. Prior to second reading, additional minor right-of-way dedication may be
needed along CSAH 61 to conform to Hennepin County's roadway
design.
2. Provide plan changes for road design to be submitted by July 5, 2013.
a. Prior to second reading, developer shall submit revised plans (and
preliminary plat if required)to meet minimum stopping sight distance of
200 feet for 30 mph within the right-of-way for Wuttke Crossing and for
25 mph within the right-of-way for Reeder Ridge. Plan changes submitted
by July 5th created lesser sight lines within the right-of-way along Wuttke
Crossing than the original submittal.
b. Prior to second reading, developer shall submit revised plans showing
Reeder Ridge street construction extended to the property line.
3. The cul-de-sac centers are to be used as storm water abatement features.
a. Prior to the issuance of the grading plan, the developer shall provide
details showing storm water abatement features.
4. Provide phased grading plans to the City by July 5, 2013.
a. This plan has been submitted.
5. Provide a boundary fence on the west edge of the property behind Lots 25-29.
a. This item will be a condition in the Development Agreement. This was a
request made by the Peterson property at the Planning Commission
meeting. The developer agreed to this request.
6. Provide street and utility extensions to the Peterson property.
a. Prior to second reading, developer shall submit revised plans showing
Reeder Ridge street and utility construction to the property line.
ANNOTATED AGENDA
July 16, 2013
Page 6
MOTION: Move to:
• Close the Public Hearing; and
• Adopt the Resolution for Planned Unit Development Concept
Review on 78.56 acres; and
• Approve 1st Reading of the Ordinance for Planned Unit
Development District Review with waivers, and Zoning District
Change from Rural to R1-13.5 Zoning District on 78.56 acres; and
• Adopt the Resolution for Preliminary Plat on 78.56 acres into 104
lots, 4 outlots and road right-of-way; and
• Direct Staff to prepare a Development Agreement incorporating
Staff and Commission recommendations and Council conditions.
X. PAYMENT OF CLAIMS
MOTION: Move approval of Payment of Claims as submitted (Roll Call Vote).
XI. ORDINANCES AND RESOLUTIONS
A. LSS DATA SYSTEMS by LSS Data Systems. Second Reading of the Ordinance
for Planned Unit Development District Review with waivers on 1.6 acres and
Zoning District Amendment in the Office Zoning District on 1.6 acres, Resolution
for Site Plan Review on 1.6 acres. Location: 6423 City West Parkway.
(Ordinance for PUD District Review with waivers and Zoning District
Amendment; Resolution for Site Plan Review)
Synopsis: This is final approval of the plans for the relocation of parking stalls on
the site. The 120-Day Review Period Expires on September 19, 2013.
MOTION: Move to:
• Approve 2nd Reading of the Ordinance for Planned Unit
Development District Review with waivers and Zoning District
Amendment in the Office Zoning District on 1.6 acres; and
• Adopt the Resolution approving Site Plan Review on 1.6 acres.
XII. PETITIONS, REQUESTS AND COMMUNICATIONS
XIII. APPOINTMENTS
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
B. REPORT OF CITY MANAGER
ANNOTATED AGENDA
July 16,2013
Page 7
C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
1. Amendment to Extend Lease with Puregrace LLC for the Smith-
Douglas-More Property (8107 Eden Prairie Road—Dunn Bros. Coffee)
Synopsis: Franchisee Puregrace LLC (Ann Schuster) is in the process of
making capital improvements to the property, specifically in the kitchen.
Therefore, in order to ensure adequate time to pay off the improvements,
Puregrace LLC has proposed to extend their lease term by four years. The
current five year lease from 2012-2017 would be extended through
December 31, 2021.No other changes are proposed to the lease:
Gross Rent $34,000 (remains the same)
Percentage Rent 6% of sales over$450,000
Lease Term 9 years (2012-2021)
Utilities Tenant
Lawn Care & Snow Removal Tenant
Property Taxes Landlord(30% of rent- $10,200)
NET RENT $23,800
The Smith Douglas More property was purchased by the City in 1981 for
the purpose of preserving it as a historical structure and life estate was
granted to its sellers, Earl and Helen More. After Earl More passed away
in 1999 the City began planning for the reuse of the property. A major
renovation of the property was completed by the City in 2002 to
accommodate a new Dunn Bros coffee store which leased the property for
five-years through 2007. Since 2008, the property has been leased to a
Dunn Bros. franchisee Puregrace LLC (Ann Schuster).
MOTION: Move to approve an amendment to extend the lease
between the City of Eden Prairie and Puregrace LLC at the Smith-
Douglas-More Property located at 8107 Eden Prairie Road (Dunn
Bros. coffee store).
2. Resolution Approving Nine Mile Creek Watershed District—
Development Agreement Extension
Synopsis: The Nine Mile Creek Watershed District requests a 24 month
extension to its Developer's agreement, which expires on January 18,
2014. The property is located at 12800 Gerard Drive, 12776, 12782 and
12784 Gordon Drive. The Nine Mile Creek Watershed District received
City Council approval for A Water Resource Center as more fully
described in a Developer's Agreement dated January 18, 2011. A
condition of the Developer's Agreement states that if the project does not
proceed within 36 months of the date of approval, the Developer would
not object to City Council action to revoke the approvals granted, thus
restoring the property to the status prior to the project approval.
ANNOTATED AGENDA
July 16,2013
Page 8
MOTION: Move to adopt the Resolution granting a 24-month
extension to Developer's Agreement between Nine Mile Creek
Watershed District and the City of Eden Prairie.
3. Telecommunication Ground Equipment Screening
Synopsis: This item is in response to a resident concern about the visual
appearance of cell tower equipment near the intersection of Cherokee Trail
and Old Shady Oak Road. There are 30 cell towers with equipment.
Equipment on private property has been screened with landscaping, fencing,
walls or buildings. Equipment within the right of way has not been
screened. Other communities have required screening on private property
with landscaping, buildings, enclosures, and painting. Screening has not
been required in right of way. Screening options in right of way is limited
due to sidewalks and trails in some locations,but primarily due to limited
space and need for snow storage. The best option in this case is decorative
fencing and landscaping.
MOTION: Move to direct staff to prepare a code amendment
for review and discussion with the Planning Commission.
D. REPORT OF PARKS AND RECREATION DIRECTOR
1. Community Garden Plot Lease Agreement with Metropolitan Airports
Commission
Synopsis: The Metropolitan Airport Commission(MAC) owns land that is
located near the northeast corner of Flying Cloud Drive and Pioneer Trail.
For many years, this land has been leased by the City of Eden Prairie and
used by residents as a community garden. Previously, the term of the lease
has been for three years at a time. MAC staff has communicated that this
will likely be the last year of the lease, so they have only made it a one year
term. The rent payment is the same as last year,plus a 5% increase. The
lease has been approved by MAC and they would like to execute it as soon
as possible.
The MAC property Community Garden Plot Lease Agreement has been
prepared and reviewed by both City and MAC staff. The terms of the lease
are in line with the agreed use conditions which were negotiated last fall
and staff recommends that it be approved by the City Council.
MOTION: Move to approve the lease agreement with the
Metropolitan Airports Commission for the Community Garden
Plots Area.
D. REPORT OF PUBLIC WORKS DIRECTOR
ANNOTATED AGENDA
July 16,2013
Page 9
E. REPORT OF POLICE CHIEF
F. REPORT OF FIRE CHIEF
G. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
MOTION: Move to adjourn the City Council meeting.
CITY COUNCIL AGENDA DATE:
SECTION: Proclamations & Presentations July 16, 2013
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.A.
Jay Lotthammer, Director, Minnesota Recreation and Parks Association
Parks and Recreation Award of Excellence for Edible Playground
Requested Action
Move to: Accept the Minnesota Recreation and Parks Association Award of Excellence for
the Prairie View Edible Playground project and recognize the generous
contributions from the Minnesota Recreation and Parks Foundation New
Initiatives Grant and the very generous donation from an anonymous donor.
Synopsis
Aimee Peterson, representing the Minnesota Recreation and Parks Association will present the
MRPA Award of Excellence for the Prairie View Edible Playground project.
Background
The Edible Playground project is a health and wellness collaborative between the City of Eden
Prairie and the Eden Prairie School District to develop and implement a health education
curriculum for elementary aged youth. Our vision is for community gardens and playgrounds to
become interactive classrooms, empowering participants with the knowledge and values to make
food choices that are healthy for them, their communities, and the environment.
This program was incorporated into the Summer Playground Camp curriculum at Prairie View
School Park last summer. A typical summer park camp may include crafts, games and songs, but
kids at the Prairie View camp got to enjoy activities such as pulling weeds and picking the cherry
tomatoes. Nearly 400 youth participated in the summer camp where they did hands-on activities
such as planting, weeding, watering, harvesting vegetables and preparing healthy snacks.
The 20' x 30' fenced garden, consists of a garden shed, and 11 raised cedar beds that provide
youth the opportunity to plant, tend and harvest vegetables. Two of the 11 beds were themed;
pizza and salsa, representing ingredients associated with those foods. The remaining beds had a
variety of vegetables. Camp participants became Nutrition Detectives. Activities included
learning how to read food labels, creating healthy snacks, scavenger hunts and education for
parents through weekly newsletters. A nutritionist visited the camp garden and taught the value
of eating fresh produce instead of processed foods. Parents were informed on what their youth
learned throughout the week and the importance to carry those healthy habits into their homes.
Prairie View Elementary School has started the health education to youth this spring,
incorporating the Edible Playground into the STEM (Science, Technology, Engineering, and
Math) curriculum with the 3rd grade students. Students will benefit from the Edible Playground
Minnesota Recreation and Parks Association Award of Excellence for Edible Playground
July 16, 2013
Page 2
each school year through their classroom learning with hands-on planting in the garden. The city
camp program will resume stewardship of the garden in the summer,providing health education,
outdoor recreation, and teaching sustainable agriculture through gardening.
On August 21, 2012 the City adopted the Healthy Eating and Active Living Community
Resolution. In partnership with the Twin Cities Obesity Prevention Coalition, the City will seek
opportunities and establish mechanisms to improve the public's health by encouraging the
development, implementation of policies, practices that support and promote healthy eating,
active living among citizens. An outcome has been the Edible Playground program. This spring
Prairie View School 3rd graders work with the garden by applying their classroom learning and
planted produce in the garden in late May.
Local farmers donated plants and seeds to the garden to reduce costs. In addition a replication of
the Prairie View Edible Playground was established at the Eden Prairie Outdoor Center adjacent
to Oak Point School this spring/summer. A similar partnership is in development with the Eden
Prairie School District and City of Eden Prairie,utilizing the Edible Playground program model.
CITY COUNCIL AGENDA DATE:
SECTION: Proclamations and Presentations July 16, 2013
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.B.
Jay Lotthammer, Director, In-Kind and Monetary Donations to the 4th of
Parks and Recreation July Hometown Celebration
Requested Action
Move to: Adopt the resolution accepting in-kind donations ($1,824) and monetary
contributions ($2,975) for the 4th of July Hometown Celebration.
Synopsis
Monetary and in-kind donations allow us to build an even stronger community event by
offsetting the overall event operating costs. This year, donations were given by:
Platinum- $1,000-$4,999 Gold- $500-$999 Silver- $100-$499
J.A. Price Agency. Inc - $1,000 CES Group/Mammoth- $500 A to Z Rental - $200
Primrose School of EP - $1,000 Bergin Auto Body- $150
Wall Trends - $125
Republic Service - $1,624 Biffs - $200
In-Kind Trash Service In-Kind Hand Sanitizers
Background
The City of Eden Prairie has provided a high quality 4th of July Hometown Celebration for the
past 29 years. This year, City Council asked staff to analyze and identify ways to reinvigorate
City Events, including the annual 4th of July Celebration. This summer the public was invited to
the spend their 4th of July at the newly renovated Round Lake Community Park, featuring a state
of the art splash pad,playground and skate park.
The festivities kicked off on the 3rd of July with a newly added"Rocking at Round" event the
night before the 4th of July Celebration. The evening celebration featured a live band, comedians,
bingo and concessions.
Over 15,000 people gather around Round Lake Park and the surrounding area on the 4th of July
to view and enjoy the ramped up and oh so spectacular fireworks display shot off over the lake.
The fireworks were more impressive than ever, adding tremendous value to the overall event,
creating a sense of pride and community.
Attachment
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO. 2013-
RESOLUTION RELATING TO ACCEPTANCE OF GIFTS
BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT:
The monetary gifts to the City in th e amount of$2,975 to be used for the 4 th of July
Hometown Celebration.
$1,000 J.A. Price Agency
$1,000 Primrose School of Eden Prairie
$500 CES Group/Mammoth
$200 A to Z Rental
$150 Bergin Auto Body
$125 Wall Trends
In addition, in-kind donations of$1,824 were used for at the 4 th of July H ometown
Celebration.
Trash Service at a value of$1,624 from Republic Service
Hand Sanitizers at a value of$200 from Biffs
These donations are hereby recognized and accepted by the Eden Prairie City Council.
ADOPTED by the City Council of the City of Eden Prairie this 16th day of July, 2013.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA DATE:
SECTION: Proclamations and Presentations July 16, 2013
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.C.
Jay Lotthammer, Director, In-Kind and Monetary Donations for Safety
Parks and Recreation Camp
Requested Action
Move to: Adopt the resolution accepting financial contributions ($5,750) and in-kind
donations for the annual Safety Camp.
Synopsis
The City of Eden Prairie offers several youth camps each year, including Safety Camp.
Monetary and in-kind donations allow us provide a quality safety educational opportunity for
youth entering 31-d grade. In addition, the contributions offset the overall camp costs and allow us
to keep the registration fees affordable.
Financial Contributions In-Kind Donations
American Family Insurance - $5,000 Pax Christi Catholic Community Church—Use Facilities
&Audio Visual Equipment(in-kind service)
Eden Prairie Lioness Club - $750 Shamrock Group—30 Bags of Ice
Bearpath Golf& Country Club—Use of 4 golf carts
JJ's Coffee+Wine Bistro—Provided Coffee Carafe for
Volunteers and Presenters Both Days
Background
The City of Eden Prairie through the collaborative efforts of the Parks and Recreation
Department, Police and Fire Departments has been providing safety education in a recreational
camp setting for the past 24 years. Safety topics include fire, water,bike, pedestrian,poison,
bully awareness and more. A graduation ceremony is held on the final night where 180 campers
received a participation certificate and medal. The 2013 Safety Camp video will be broadcast on
the EPTV 16 for residents of Eden Prairie effective July 11, 2013.
The City of Eden Prairie collaborates and partners with various local agencies to ensure the
ongoing success of the Eden Prairie Safety Camp, including Climb Theater, HCMC; Hennepin
County Medical Center, Xcel Energy, Minnesota Fire Marshall and Fox 9 News.
Attachment
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO. 2013-
RESOLUTION RELATING TO ACCEPTANCE OF GIFTS
BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT:
The monetary gifts to the City in the amount of$5,750 to be used for the 2013 Safety Camp.
$5,000 American Family Insurance
$750 Eden Prairie Lioness Club
In addition, in-kind donations were used for the 2013 Safety Camp.
Pax Christi Catholic Commun ity Church— Use Facilities & Aud io Visual Equipment
Shamrock Group—30 Bags of Ice
Bearpath Golf& Country Club—Use of 4 golf carts
JJ's Coffee+Wine Bistro—Provided Coffee Carafe for Volunteers and Presenters both days
These donations are hereby recognized and accepted by the Eden Prairie City Council.
ADOPTED by the City Council of the City of Eden Prairie this 16th day of July, 2013.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen Porta, City Clerk
ITEM NO.: VLA.
UNAPPROVED MINUTES
CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY, JUNE 18, 2013 CITY CENTER
5:00 —6:25 PM, HERITAGE ROOMS
6:30 —7:00 PM, COUNCIL CHAMBER
CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher
Wickstrom, Kathy Nelson, and Ron Case
CITY STAFF: City Manager Rick Getschow, Police Chief Rob Reynolds, Fire Chief George
Esbensen, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah,
Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, City
Attorney Ric Rosow, and Recorder Lorene McWaters
Workshop-Heritage Room II
Council Members Nelson and Case were absent.
I. GREEN MID-MARKET NEIGHBORHOOD
Project Manager Molly Koivumaki said four proposal were received in response to the City's
RFP for the Green, Mid-market Neighborhood Development project. The following teams
responded with proposals:
• Scenic Prairie—Lakewest Development
• Eden Gardens—Homestead Partners
• Gladstone—Kraus-Anderson&Melrose Development
• EP8 —Whitten Associates
The proposals were reviewed by the staff Development Review Committee (DRC), which
determined that three of the proposals met the minimum qualifications of the RFP: Scenic
Prairie, Eden Gardens, and Gladstone. These three teams were interviewed in June.
Koivumaki and Planning Intern Farveh Makhssous reviewed features of each of the three
proposals under consideration.
Scenic Prairie
• Number of Units - 37
• Attached Housing Component—No
• Commercial Component—No
• Price Range - $260,000 to $340,000
• Unit Size— 1,800 to 2,800 sf
• Ability to Obtain Grants—Yes
• Timeline—October 2013-October 2016
• Sustainable Neighborhood Checklist—Yes
• Community Participation Process—Yes
• Willing to Collaborate with Hennepin Tech—Yes
City Council Workshop Minutes
June 18, 2013
Page 2
Koivumaki said the Scenic Prairie team has not selected a builder or architect yet. She said
the City had an issue with this developer in the past, and the team was questioned about this.
The project calls for full access from Scenic Heights and Thatcher Road. Other streets will
be private and maintained by a homeowners association. The proposal features bay homes
with staggered siting, back-facing garages and front porches that face green space. A multi-
use common area includes a pool with a club house. Rain gardens are also incorporated in
the landscaping. Street lights powered by a wind turbine and solar panels are proposed. The
pond area will be no-mow. Makhssous noted that this proposal scored highest on the
sustainability checklist. Jeremiah said some of the sidewalks appear to dead-end, which was
also noted by the DRC in their review.
Eden Gardens
• Number of Units - 36
• Attached Housing Component—No
• Commercial Component—No
• Price Range - $240,000 to $3450,000
• Unit Size— 1,600 to 2,300 sf
• Ability to Obtain Grants—Unknown
• Timeline— September 2013-Summer 2014
• Sustainable Neighborhood Checklist—Yes
• Community Participation Process—Yes
• Willing to Collaborate with Hennepin Tech—Yes
This proposal calls for full access from Scenic Heights, with private alleys and garages in the
rear of units. Some units may have front loading garages. Onsite stormwater management
and rain gardens are proposed. Porches would face communal green space. Eight
"multigeneration"units with separate access are included in the concept design. This
proposal received the second highest score on the sustainability checklist. Mahkssous noted
that the design is lacking in green structures and buildings compared to the other two
proposal. The team was told they would have to improve the green neighborhood component
if they are selected. Jeremiah noted that the City has worked with this builder on other
project with positive results.
Gladstone
• Number of Units—20 single-family units
• Attached Housing Component— Senior Housing (70-80 units in two-story rental/half of
the units affordable at 50% of AMI)
• Commercial Component—No
• Price Range - $350,000 for single family
• Unit Size—30x30 single family footprint
• Ability to Obtain Grants—Unknown
• Timeline—July 2014—May 2016
• Sustainable Neighborhood Checklist—Yes
• Community Participation Process—Yes
• Willing to Collaborate with Hennepin Tech—Yes
City Council Workshop Minutes
June 18, 2013
Page 3
Jeremiah said the Gladstone team has not named a builder,but it is likely it would be Kraus-
Anderson. This proposal includes some detached garages, designed so that a mother-in-law
apartment could be added overhead. The common space is designed specifically to draw
people together. The developer is exploring use of district geothermal heating and cooling,
and each house will have rain storage. Koivumaki said the proposed senior housing is two
stories, with a total of 70 to 80 units—half of them affordable. She said the senior rentals
could be converted to assisted living units as the residents age. The communal space
includes a community workshop and gathering space. This proposal received the fewest
points on the sustainability checklist. Jeremiah said this concept has the best chance of
receiving a Livable Communities Grant because it includes affordable senior housing. She
would encourage the developer to bulk up the green elements.
Koivumaki noted that the project teams are being allowed to respond to comments made by
the DRC, and the proposals are being modified in some instances.
Subsidies
Jeremiah said all of these concepts are preliminary. Staff is not making a strong
recommendation for any of the proposals since each has pros and cons. Staff is looking for
feedback from the City Council on how they would like to proceed. She said several types of
subsidies have been discussed, including:
• Grants (with the City as the applicant)
• Pooled TIF
• Waiving fees (park dedication fees, building permit fees)
• Other Considerations—Including the City holding the land until individual lots sell or
429 assessment
Jeremiah said she would not recommend the City hold the land until the lots sell. The 429
assessment on public infrastructure presents a timing issue. Aho asked what types of grants
are available. Jeremiah said an $850,000 Livable Communities Grant for site prep is a
possibility; however, staff did not receive a strong positive response to this inquiry since
some of the proposals lack affordable units.
Discussion
Mayor Tyra-Lukens said she is not keen on relinquishing building fees, though she might
consider park dedication fees. She likes the senior housing component of the Gladstone
proposal. She likes the layout of Scenic Prairie because it seems open and inviting, and the
staggered siting is attractive. She said the Eden Gardens concept looks traditional and a bit
cookie-cutter. She said the streetscape is not as interesting as the other proposals.
Aho asked if the Gladstone team has asked the neighbors how they feel about the senior
housing component. Aho said he is concerned about the density of a couple of the proposals
compared to the adjacent neighborhoods. He also feels the Eden Gardens proposal is a
somewhat cookie-cutter. He also questioned whether or not the developers can really build
homes in the price ranges stated in their proposals. He is not in favor of relinquishing either
building permit fees or park dedication fees.
City Council Workshop Minutes
June 18, 2013
Page 4
Butcher Wickstrom said she likes the unique features proposed in the concept plans. She
feels this type of neighborhood is a harbinger of what we will be seeing in the near future.
She said she would like to help encourage this development, possibly with pooled TIF. Tyra-
Lukens said she really hopes the City can get something going with this proposed
neighborhood. She is glad that commercial is not being proposed since the neighbors spoke
out against it. Butcher Wickstrom said she likes the senior housing component, but
suggested breaking it up into smaller buildings rather than one sprawling structure. Butcher
Wickstrom also likes the idea of having alleys with garages, since they can serve an informal
gathering place for residents.
Jeremiah said staff will double back with the two Council Members who were not able to
attend the workshop tonight. Getschow said he feels it is important to get all five Council
Members together for a discussion of the project.
Aho asked for details on how sale of the property would work, since it is currently owned by
MnDOT. He said he is not comfortable with the City purchasing the property. Jeremiah said
MnDOT is giving the City the latitude it needs regarding timing. The City would be able to
purchase the property contingent on a developer agreeing purchase it from the City. The City
would be also able to release the property if the project does not go through.
Open Podium - Council Chamber
II. OPEN PODIUM
III. ADJOURNMENT
ITEM NO.: VI.B.
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY,JUNE 18, 2013 7:00 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad
Aho, Sherry Butcher Wickstrom, Ron Case, and
Kathy Nelson
CITY STAFF: City Manager Rick Getschow, Public Works Director
Robert Ellis, Community Development Director Janet
Jeremiah, Parks and Recreation Director Jay
Lotthammer, City Attorney Rick Rosow, and Council
Recorder Jan Curielli
I. ROLL CALL/CALL THE MEETING TO ORDER
Mayor Tyra-Lukens called the meeting to order at 7:00 PM. Council Members Case and
Nelson were absent.
II. PLEDGE OF ALLEGIANCE
III. OPEN PODIUM INVITATION
IV. PROCLAMATIONS/PRESENTATIONS
A. TOUR DE TONKA
Tim Litfin, Minnetonka Continuing Education,presented an overview of the
upcoming Tour De Tonka event. He gave a slide show and video of the 2012 bike
riding event. He thanked Eden Prairie for allowing one route of the event to go
through the City and for the assistance provided by the Eden Prairie Police
Department.
B. URBAN LAND INSTITUTE (ULI)—REGIONAL INDICATORS
INITIATIVE (COMMUNITY SUSTAINABILITY PROJECT)
Rick Carter, representing the ULI, described the Regional Indicators Initiative
(Community Sustainability Project)being developed by the ULI and the Regional
Council of Mayors Environment Committee. He said the project began in an
attempt to develop measurable outcomes for the GreenStep Cities program. The
project involves 20 cities in the Regional Council of Mayors, including 18 metro
area cities, Duluth and Rochester. He reviewed the energy trends they observed for
the years 2008 and 2011. The project data will be posted on their website when it is
launched in the next few weeks.
Aho asked how they factor the data on total number of BTU's for residential and
CITY COUNCIL MINUTES
June 18, 2013
Page 2
commercial. Mr. Carter said the energy and water data from the utility companies
comes separated by residential and commercial.
Tyra-Lukens asked how contact will be made with the cities when the website is
available. Mr. Carter said he will send out an email with a link this week, and they
expect it to be live the following week. Tyra-Lukens asked if ULI will catalyze
opportunities for cities to have discussions once the data is available. Mr. Carter
said he hoped that will happen. The GreenStep Cities program is looking for a
means of measurement. He said it will most likely start with the Regional Council
of Mayors'programs.
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the agenda as
published. Motion carried 3-0.
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY,JUNE 4,2013
MOTION: Aho moved, seconded by Butcher Wickstrom, to approve the minutes of
the Council workshop held Tuesday, June 4, 2013, as published. Motion carried 3-0.
B. CITY COUNCIL MEETING HELD TUESDAY,JUNE 4, 2013
MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the minutes of
the City Council meeting held Tuesday, June 4, 2013, as published. Motion carried
3-0.
VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
VIII. CONSENT CALENDAR
Tyra-Lukens said Item VIII.A. will be moved to Item XII. in order to allow discussion of
the license request.
A. CLERK'S LICENSE LIST
B. APPROVE SECOND READING OF ORDINANCE NO. 8-2013 DESIGNATING
STARING LAKE OUTDOOR CENTER AS A HERITAGE PRESERVATION
SITE
C. APPROVE SECOND READING OF ORDINANCE NO. 9-2013 DESIGNATING
GLEN LAKE CHILDREN'S CAMP PROPERTY AS A HERITAGE
PRESERVATION SITE
CITY COUNCIL MINUTES
June 18, 2013
Page 3
D. APPROVE SECOND READING OF ORDINANCE NO. 10-2013
AMENDING CITY CODE CHAPTER 1 RELATING TO DEFINITIONS OF
MISDEMEANOR AND PETTY MISDEMEANOR
E. ADOPT RESOLUTION NO. 2013-54 AUTHORIZING ACQUISITION OF
EASEMENTS FOR MITCHELL ROAD SIDEWALK IMPROVEMENTS,I.C.
02-5586
F. ADOPT RESOLUTION NO. 2013-55 APPROVING PLANS AND
SPECIFICATIONS FOR MITCHELL ROAD SIDEWALK IMPROVEMENTS,
I.C. 11-5802
G. AWARD CONTRACT FOR SLOPE STABILIZATION AT BLUESTEM LANE
TO SUNRAM CONSTRUCTION CONTINGENT UPON SIGNED CONSENT
OF OWNER AND MORTGAGEE, ORDER OF THE COURT OR OWNERS
EXECUTION OF A SPECIAL ASSESSMENT AGREEMENT
H. AWARD CONTRACT FOR SITE RESTORATION AT 11157 BLUESTEM
LANE TO SUNRAM CONSTRUCTION CONTINGENT ON SIGNED
CONSENT OF OWNER AND MORTGAGEE, ORDER OF COURT OR
OWNERS EXECUTION OF A SPECIAL ASSESSMENT AGREEMENT
I. APPROVE ANNUAL REPORT FOR PHASE II NPDES STORM WATER
PERMIT PROGRAM
J. APPROVE APPLICATION FOR WETLAND MITIGATION FOR PUBLIC
TRANSPORTATION & LINEAR UTILITY PROJECTS ASSOCIATED WITH
THE EDEN PRAIRIE ROAD IMPROVEMENT PROJECT
K. AWARD CONTRACT FOR RICE MARSH LAKE TRAIL EXTENSION TO
MINNESOTA DIRT WORKS
L. ADOPT RESOLUTION NO. 2013-56 APPROVING EXECUTION OF
MORTGAGE SUBORDINATION AGREEMENT REGARDING
REFINANCING FOR SUMMIT PLACE
MOTION: Aho moved, seconded by Butcher Wickstrom, to approve Items B-L of
the Consent Calendar. Motion carried 3-0.
IX. PUBLIC HEARINGS/MEETINGS
X. PAYMENT OF CLAIMS
MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the payment of
claims as submitted. Motion was approved on a roll call vote,with Aho, Butcher
Wickstrom, and Tyra-Lukens voting "aye."
CITY COUNCIL MINUTES
June 18, 2013
Page 4
XI. ORDINANCES AND RESOLUTIONS
XII. PETITIONS, REQUESTS AND COMMUNICATIONS
A. CLERK'S LICENSE LIST
Getschow said the one item on the Clerk's License List is a request for a private
kennel license from Michael & Melissa Dudley, 15121 Summerhill Drive. He said
there are currently about 10-15 of these private kennel licenses in the City. Residents
must apply for and renew the private kennel licenses each year when they want to
add a third or fourth dog or cat to their home. There was a letter received from a
neighbor of the Dudley's who has been talking with the Police Department about his
concerns with this particular license. The Police Department has investigated the
issue, and the City is recommending approval of the license. Supplemental details
regarding the parties involved and the Police Department investigation were provided
on goldenrod paper. He noted this is not a public hearing, but it will be open to those
who want to express their opinion about granting this private kennel license.
Tyra-Lukens asked when the letter from the neighbor was received. Getschow said it
was received on June 17. Tyra-Lukens asked about the statement on Page 2,
Paragraph 3 of the letter stating that the letter writer had requested a conversation to
explain his concerns prior to writing the letter and the request was not
accommodated. Getschow replied he believed both parties were in contact with the
Police Department, but he did not know the answer as to why the request was not
accommodated.
Garry Schumacher, 15111 Summerhill Drive, said he attempted to address his
concerns with his neighbor before he came to the meeting tonight. He said he
outlined his concerns in the letter,particularly that the dogs were acting aggressively
towards him. He said the dogs are pit bulls and also rescue dogs. He asked that extra
safety measures be taken if the license is approved in order to prevent any danger to
his child and others in the neighborhood.
Melissa Dudley, 15121 Summerhill Drive, said her dogs become excited to see
someone they know, and they are high-energy dogs. She said they walk their dogs
every day, and the dogs are licensed, tagged and micro-chipped. She said they went
through the AKC Canine Good Citizens training process before adopting the dogs.
They have put up a border fence in their back yard next to Mr. Schumacher's
property.
Tyra-Lukens asked about the suggestion regarding a shock collar. Ms Dudley said
they have manually controlled training collars for the dogs which she uses to bring
the dogs' attention back to her. She said her dogs are very well trained.
Butcher Wickstrom said it seems the reason we are talking about this relates more to
the breed of dog involved than the number of dogs. She asked if there are any
behavioral issues and if the dogs are contained in the yard. Ms Dudley said they can
get away at times like other dogs in the neighborhood, but they are not aggressive.
CITY COUNCIL MINUTES
June 18, 2013
Page 5
Aho asked if the dogs could jump the three foot fence. Ms Dudley said two of them
would not be able to jump the fence, while the third dog views it as a visual
boundary. She noted there is someone outside with the dogs at all times.
A representative of the AKC Canine Good Citizen program explained the training
and process that the rescue dogs and their prospective owners must complete before
adopting a rescue dog. Each of the dogs are evaluated before they are given to
applicants. They have a home visit and do background checks on the owners.
Sarah Madsen, 15120 Summerhill Drive, said she has two small children, and the
dogs are very gentle with her children. She has seen no instances of hostile behavior
with the Dudley's dogs.
Tyra-Lukens said situations like this are always hard to deal with. She said Mr.
Getschow looked into this, and it is possible to grant the kennel license now and re-
evaluate the license again when all the private kennel licenses are reviewed in
January of 2014.
Butcher Wickstrom said she appreciated the input given. She was concerned issues
like this cause friction in neighborhoods. She said the Dudley's appear to have gone
through the appropriate steps to ensure they are responsible dog owners.
MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the private
kennel license.
Aho noted it is important to treat everyone equally, and approval of this license does
treat everyone equally. Tyra-Lukens said she thought the Dudley's will make sure the
additional pet will not jeopardize renewal of the license.
VOTE ON THE MOTION: Motion carried 3-0.
XIII. APPOINTMENTS
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
B. REPORT OF CITY MANAGER
C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
1. Award Contract for the Riley Lake Park Improvements to New Look
Contracting
Lotthammer said the background for this project goes back over ten years of
discussion and is predicated on many of the projects that have come before
CITY COUNCIL MINUTES
June 18, 2013
Page 6
it. The project will extend the fields at Riley Lake Park so they will be more
appropriate for use by adults. The project will allow the second phase at
Round Lake which will include three adult fields. The City has planned the
update of the fields in a way that makes for more seamless construction and
use of the fields. He said the tennis court at Riley Lake will be restriped so
it can also be used for pickle ball and lights will be added. The lights will
accommodate play in the spring and fall and will also allow adult softball
leagues to have double headers. He reviewed the bids received for the
project, noting the project is part of the CIP and will be funded through the
use of cash park fees.
MOTION: Aho moved, seconded by Butcher Wickstrom, to award the
contract for the Riley Lake Park improvements to New Look Contracting,
Inc. in the amount of$699,812.50. Motion carried 3-0.
2. Approve Professional Services Agreement with HTPO for Riley Lake
Park Improvements
Lotthammer said this item is a request for approval of a professional
services agreement with Hansen, Thorp, Pellinen and Olson Inc. (HTPO)
for construction administration and other services related to the Riley Lake
Park improvement project.
MOTION: Butcher Wickstrom moved, seconded by Aho, to approve a
professional services agreement with HTPO for the Riley Lake Park
improvements project for construction administration services at a cost not
to exceed $53,500. Motion carried 3-0.
E. REPORT OF PUBLIC WORKS DIRECTOR
1. Adopt Resolution No. 2013-57 Ordering Feasibility Report for Eden
Prairie Road Improvements
Ellis said, after a lengthy discussion at the June 4 workshop, Council
Members indicated they want a connection to be made from Eden Prairie
Road to Flying Cloud Drive but also want to look at the impact on the
environment, the cost, and the effect on the adjacent properties and the City
as a whole. The Council also indicated they want the project to be coordinated
with the Flying Cloud Drive reconstruction project.
MOTION: Butcher Wickstrom moved, seconded by Aho, to adopt
Resolution No. 2013-57 authorizing the preparation of a feasibility report
for street and utility improvements to serve the area adjacent to Eden
Praprie Road from approximately Frederick Place to CSAH 61 (Flying
Cloud Drive). Motion carried 3-0.
F. REPORT OF POLICE CHIEF
CITY COUNCIL MINUTES
June 18, 2013
Page 7
G. REPORT OF FIRE CHIEF
1. Eden Prairie Fire Relief Association (EPFFRA) Bylaw Changes
Getschow noted Council Member Case who serves on the EPFFRA provided
an update on some changes proposed with the Fire Relief Association at the
last Council meeting. Since that time the EPFFRA's Board of Trustees and the
general membership have considered and approved the changes to the bylaws.
Aaron Casper, President of the EPFFRA, reviewed the three changes
proposed. He noted the first bylaw change changes the current multiplier for
receiving a lump sum payout versus a defined monthly benefit payout. He
said they are trying to incent more members to consider the lump sum option.
Their analysis shows increased selection of the lump sum option could reduce
the overall plan liability. The second change proposed clarifies the situation
when a member is collecting a disability payment and then turns age 50. The
third bylaw change adds a definition of how the EPFFRA will handle
qualified domestic relation orders in the event of a divorce of one of the
members.
Speaking on behalf of the EPFFRA members, Mr. Casper thanked the
Council for their support. He noted the EPFFRA is currently 96% funded in
their pensions.
Tyra-Lukens thanked Mr. Casper for his detailed explanation of the three
bylaw changes.
MOTION: Aho moved, seconded by Butcher Wickstrom, to approve the
three EPFFRA Bylaw changes as unanimously recommended by the
EPFFRA Board of Trustees and approved by the general membership of the
EPFRA. Motion carried 3-0.
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
MOTION: Butcher Wickstrom moved, seconded by Aho,to adjourn the meeting. Mayor
Tyra-Lukens adjourned the meeting at 8:15 PM.
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar July 16, 2013
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.A.
Christy Weigel, Clerk's License Application List
Police/ Support Unit
These licenses have been approved by the department heads responsible for the licensed activity.
Requested Action
Motion: Approve the licenses listed below
Gambling (Bingo)
Organization: Eden Prairie Lions Club
Place: Round Lake Park
16691 Valley View Road
Date: July 4, 2013
Organization: Eden Prairie Chamber of Commerce
Place: Round Lake Park
16691 Valley View Road
Date: July 3, 2013
Temporary Liquor
Organization: City of Eden Prairie
Event: Concert in the Park
Date: July 26, 2013
Place: Staring Lake Park
14800 Pioneer Trail
Amendment to Liquor License
2AM Closing Permit-Renewal
Purple Star Inc.
DBA: Green Mill of Eden Prairie
New Liquor License—New Ownership
Licensee name: Summit Hotel TRS 062, LLC
(Formerly: FCH Eden Prairie, LLC)
DBA: Hilton Garden Inn
- 1 -
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar July 16, 2013
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.B.
Approve contract with Advanced Engineering
Sue Kotchevar, Finance and Environmental Services Inc. (AE2S) for a
Manager utility rate study for the Water, Sewer, and
Storm Drainage Utilities
Requested Action
Move to: Award contract for a water, sewer and storm drainage utility rate study to Advanced
Engineering and Environmental Services Inc. (AE2S).
Synopsis
In 2011 the City hired AE2S to conduct a utility rate study. The goals/tasks of the study include the
following:
• A high level engineering review of the status of the infrastructure to determine appropriate
amounts to collect for the capital needs of the system
• Preparation of budget projections
• Analysis of the current rate structure and evaluation of the need for rate adjustments based
on budget projections
• Possible recommendation(s) of a different rate design if it would better meet the needs of
citizens and the utility system
• Review of irrigation cost demand on the system and analysis to determine if irrigation
demand is paid by customers who irrigate
• Recommendation of reserve policies to ensure the utility is prepared to meet capital,
contingency and other needs.
The City implemented significant changes to the rate structure and design with an effective date of
January 1, 2011. The City would now like to benchmark actual results to expected results and review
whether any changes in the rate structure night be appropriate. Also, the City would like an update on
the irrigation cost demand on the system.
AE2S gave a bid of$44,514 to complete the study. This amount is comparable with the previous
costs paid for the last study and staff recommends awarding the contract.
Attachment
Contract
I'I
Standard Agreement for Professional Services
This Agreement ("Agreement") is made on the 16th day of July, 2013, between the City of Eden
Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden
Prairie, MN 55344, and Advanced Engineering and Environmental Services, Inc., a Minnesota
Corporation (hereinafter "Consultant") whose business address is 6901 East Fish Lake Road,
Suite 184 Maple Grove, MN 55369.
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 a utility rate study 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 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 July 17th, 2013 through December 31,
2013 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 $44,514 for the services as described in
Exhibit A.
A. Any changes in the scope of the work which may result in an increase to the
compensation due the Consultant shall require prior written approval by an
authorized representative of the City or by the City Council. The City will not pay
additional compensation for services that do not have prior written authorization.
B. Special Consultants may be utilized by the Consultant when required by the
complex or specialized nature of the Project and when authorized in writing by
the City.
C. If Consultant is delayed in performance due to any cause beyond its reasonable
control, including but not limited to strikes, riots, fires, acts of God, governmental
actions, actions of a third party, or actions or inactions of City, the time for
performance shall be extended by a period of time lost by reason of the delay.
Consultant will be entitled to payment for its reasonable additional charges, if
any, due to the delay.
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. City'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 set forth
on Exhibit A performed prior to receipt of written notice from the City of such
suspension.
C. Payments for Special Consultants. The Consultant shall be reimbursed for the
work of special consultants, as described herein, and for other items when
authorized in writing by the City.
Standard Agreement for Professional Services Page 2 of 9
D. Claims. To receive any payment on this Agreement, the invoice or bill must
include the following signed and dated statement: "I declare under penalty of
perjury that this account, claim, or demand is just and correct and that no part of
it has been paid."
6. Project Manager and Staffing. The Consultant has designated Grant 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 the 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 and Data Practices. 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 Agreement. 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 herein.
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 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
Standard Agreement for Professional Services Page 3 of 9
part of a month. The minimum monthly interest penalty payment for an unpaid balance
of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall
pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in
a civil action to collect interest penalties from the Consultant shall be awarded its costs
and disbursements, including attorney's fees, incurred in bringing the action.
11. Independent Consultant. Consultant is an independent contractor engaged by City to
perform the services described herein and as such (i) shall employ such persons as it
shall deem necessary and appropriate for the performance of its obligations pursuant to
this Agreement, who shall be employees, and under the direction, of Consultant and in
no respect employees of City, and (ii) shall have no authority to employ persons, or
make purchases of equipment on behalf of City, or otherwise bind or obligate City. No
statement herein shall be construed so as to find the Consultant an employee of the
City.
12. Insurance.
A. General Liability. Prior to starting the Work, Consultant shall procure, maintain
and pay for such insurance as will protect against claims or loss 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
Standard Agreement for Professional Services Page 4 of 9
C. The Comprehensive General/Commercial General Liability policy(ies) shall be
equivalent in coverage to ISO form CG 0001, and shall include the following:
a. Premises and Operations coverage with no explosions, collapse, or
underground damage exclusion (XCU).
b. Products and Completed Operations coverage. Consultant agrees to
maintain this coverage for a minimum of two (2) years following
completion of its work. Said coverage shall apply to bodily injury and
property damage arising out of the products-completed operations
hazard.
c. Personal injury with Employment Exclusion (if any) deleted.
d. Broad Form CG0001 0196 Contractual Liability coverage, or its
equivalent.
e. Broad Form Property Damage coverage, including completed operations,
or its equivalent.
f. Additional Insured Endorsement(s), naming the "City of Eden Prairie" as
an Additional Insured, on ISO forms CG 2010 07 04 and CG 2037 07 04,
or their equivalent.
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$2,000,000. 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;
Standard Agreement for Professional Services Page 5 of 9
c. All policies, except the Professional Liability Insurance and Worker's
Compensation Policies, shall contain a waiver of subrogation naming "the
City of Eden Prairie";
d. All policies, except the Professional Liability Insurance and Worker's
Compensation Policies, shall name "the City of Eden Prairie" as an
additional insured;
e. All policies, except the Professional Liability Insurance and Worker's
Compensation Policies, shall insure the defense and indemnity
obligations assumed by Consultant under this Agreement; and
f. All polices shall contain a provision that coverages afforded there under
shall not be canceled or non-renewed, nor shall coverage limits be
reduced by endorsement, without thirty (30) days prior written notice to
the City.
A copy of the Consultant's Certificate of Insurance which evidences the
compliance with this Paragraph, 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
Standard Agreement for Professional Services Page 6 of 9
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.
13. Indemnification. Consultant agrees to defend, indemnify and hold the City, its officers,
and employees harmless from any liability, claims, damages, costs, judgments, or
expenses, including reasonable attorney's fees, to the extent attributable to a negligent
or otherwise wrongful act or omission (including without limitation professional errors or
omissions) of the Consultant, its •agents, employees, or subcontractors in the
performance of the services provided by this Agreement and against all losses by
reason of the failure of said Consultant fully to perform, in any respect, all obligations
under this Agreement. Consultant further agrees to indemnity the City for defense costs
incurred in defending any claims, unless the City is determined to be at fault.
14. 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.
15. 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.
16. 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. 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.
17. Mediation. Each dispute, claim or controversy arising from or related to 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
Standard Agreement for Professional Services Page 7 of 9
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.
18. Assignment. Neither party shall assign this Agreement, nor any interest arising herein,
without the written consent of the other party.
19. Services Not Provided For. No claim for services furnished by the Consultant not
specifically provided for herein shall be honored by the City.
20. 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.
21. 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.
22. 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.
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 Council of
the City shall have a financial interest, direct or indirect, in this Agreement. The violation
of this provision renders the Agreement void.
25. Counterparts. This Agreement may be executed in multiple counterparts, each of
which shall be considered an original.
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
Mayor
City Manager
Standard Agreement for Professional Services Page 8 of 9
FIRM NAME
By:
its:
Revised and Copied into Purchasing Policy March 2013
Standard Agreement for Professional Services Page 9 of 9
•
www.ee .CDm
June 13,20136([)
4.. A
Ms. Sue Kotchevar
Chief Financial Officer
City of Eden Prairie
8080 Mitchell Road
Eden Prairie MN 55344
RE: 2013 User Rates Analysis for Water Sewer, and Storm Drainage Utilities Update Proposal
City of Eden Prairie,Minnesota
Dear Ms.Kotchevar,
In response to your recent request, Advanced Engineering and Environmental Services, Inc. (AE2S) is
pleaded to offer this proposal for.Professional Services for Water, Sewer, and Storm Drainage Utility Rate
Design.Study to the City of Eden Prairie. This letter provides our understanding of the project, defines the
anticipated scope of services,and establishes the proposed professional fee and project schedule.
Project Understanding
The Water, Sanitary Sewer, and Storm Drainage Utility Rate Design Study for the City of Eden Prairie,
dated September 2010,. was prepared by AE2S in collaboration with the City of Eden Prairie staff
Results of the study and rate adjustment recommendations were presented to the Finance Committee,the
Conservation Committee, and the Eden Prairie City Council. In conjunction with this study, the City
implemented a 5-tiered conservation rate structure with both fixed volumetric components for the Water
Utility. Rate structure modifications were also implemented for. the Sanitary Sewer and the Storm
Drainage Utilities.
Since adopting the current rate structure, the City has experienced changing needs for capital.
improvements and infrastructure investment,the State mandate regarding conservation rate structures has
been amended, and there is interest in reviewing alternative rate design structures for the Water.Utility:
Based on the effects of any changes, the City is interested in re-evaluating the ability of the current,,or
proposed, rate structures to adequately provide the financial resources required for self-sufficient
operation of the water, sanitary sewer,and storm drainage utilities.
AE2S proposes to work with.City staff to update the revenue adequacy and utility rate components of the
2010 User Rate Analysis Study to incorporate the most current utility data and develop appropriate
recommendations for revisions to the rate structures, if necessary. The updated analysis will be based on
actual data from 2012 and budgeted data for the year 2013.
Scope of Services
AE2S proposes the following scope of services based on our understanding of your desire to update the
Cost of Service Analysis(COSA),revenue:adequacy evaluation, and rate design study for your Utilities.
Ms. Sue Kotchevar
Chief Financial Officer
Re: 2013 User Rates Analysis for Water, Sewer, and Storm Drainage Utilities Update Proposal
City of Eden Prairie,Minnesota
Julie 13,2013
Paget of 6
Task 1:Project Kickoff and Data Review
AE2S will facilitate a Project Kickoff Meeting with City staff. As part of this initial project work, AE2S
will work with City gather the following information:
a. Itemized 2012 actual expenses and revenues for the Utility;
b. 2012. year-end financial statements;
c. Itemized 2013 and 2014 expense and revenue budgets for the Utilities;
d. Any debt service obligations of the Utilities;
e. Any revised information regarding population or water demand projections for the
City of Eden Prairie;
f. Revised Capital Improvements Plans for each Utility;
g. 2011 and 2012 irrigation flows;and
h. Updated service connection data.
At this meeting,AE2S will provide a full outline of project schedule and timing, and review project scope
and expectations.
Task 2:Cost of Service Analysis Update
In the 2010 User Rate Analysis Study, AE2S calculated the value the City provides to its irrigation.
customers by performing a cost of service analysis(COSA). A COSA allows the City to compare the
cost of providing irrigation water for customers to the revenue it generates for the utility. Due to changes
in utility rates since the previous study, the City can benefit from updating this irrigation analysis. As
part of this update, AE2S will review changes in average day demand, peak day demand, and the
irrigation rate structure. Results of the updated COSA will aid the City in making rate determinations and
will allow the City to continue to track progress in maintaining, or establishing, rate equity for all users
with respect to irrigation.
Task 3: Rate Design
As part of the update to the rate design study,AE2S proposes a comprehensive review of the City's utility
charges. These charges include:the (fixed) repair and operating charge, the volumetric'water charge,the
sanitary sewer rate charge,the storm drainage charge, and the WAC / SAC charges. For each of these
charges, AE2S will review the advantages and disadvantages of the current structure and provide
recomriiendations regarding alternatives,when appropriate.
Repair and Operating Charge. hi an effort to provide the City with an improved ability to address
customer concerns, AE2S proposes to review the Repair and Operating Charge component of the utility
bills. The Repair and Operating Charge is a fixed charge assessed to customers to partially cover the
administrative and other fixed costs of operation. The proposed review will evaluate if the current charge
is truly reflective of administrative charges and if there are potential alternatives to the current structure.
The review will include a survey of fixed charges in select surrounding communities to aid in identifying
alternatives: Alternatives will be evaluated both with respect to the amount of the charge component, and
also to the name/title/designation of the charge component.
Water Utility Rate Design. AE2S proposes to review the City's current rate structure for water charges.
Since,implementing the City's current rate structure, conservation mandates from the state have changed.
Ms. Sue Kotchevar
Chief Financial Officer
Re: 2013 User Rates Analysis for Water, Sewer, and Storm Drainage Utilities Update Proposal
City of Eden Prairie,Minnesota
June 13,2013
Page 3 of 6
Additionally, the City's Conservation Committee has made several suggestions on potential changes to
the rate structure. AE2S's review will include an evaluation of the advantages and disadvantages of the
current rate structure. AE2S proposes to develop two (2)new alternative rate structure scenarios based on
input from City staff and the Conservation Committee.
Water and Sewer Access Charge (WAC/SAC) Fee Design. The 2010 User Rates Analysis Study did not
evaluate the WAC and SAC fees. AE2S proposes to conduct a full review of the WAC/SAC fees,which
are currently assessed on a residential equivalency basis. AE2S will evaluate the City's fees in
comparison to fees in similar cities across the region. hi addition to the comparative analysis, AE2S
proposes to assist the City's current efforts to project fee revenue through complete build-out. AE2S will
review the fees charged by the City on a cash flow basis and compare revenues to capital expenditure
needs. This analysis will allow the City to determine how their capital expenditure needs will be met by
the assessed fees. AE2S will recommend modifications to the fee structure based on results of the
analysis.
The first progress meeting(Progress Meeting No. 1 - Rate Design Alternatives) will be scheduled at the
completion of Task 3 to allow the City to review the alternatives and provide input oin preferred rate
structures. These preferred rate structures will be used throughout the financial modeling in Task 4.
Task 4:Revenue Adequacy Evaluation and Rate Adjustment Recommendations
AE2S proposes to revise the revenue adequacy evaluation for each utility based on the updated financial
data and recommended rate structures. AE2S will develop cash flow statements for the Water, Sanitary
Sewer, and Storrn.Drainage Utilities and provide an overview of the financial position of each utility for
the next five (5) years (2013 through 2017) based on available inforrnation and reasonable escalation.
factors for future years.
This proposed scope of service assumes that all future capital estimates for the development of the
financial models will be developed based on Capital Improvement Project plans provided directly by City
staff, in conjunction with the Recommended Annual Reinvestment Amount calculated for each of the
three(3)utilities in the 2010 User Rates Analysis Study.
Although AE2S will work with City staff to update all capital cost estimates using the best available
information, this proposal does not provide for updates to the Recommended Annual Reinvestment
analysis (2010) or other determination of capital costs for the utilities. AE2S would be happy to support
detailed capital planning for the Storm Drainage utility (or the Water or Sanitary Sewer Utility) as
collectively agreed to be in the best interest of the City of Eden Praiie, but such services would be
considered outside the scope of this proposal. Additional Services would be negotiated with.City staff
based on specific requirements and a cooperatively defined scope of services.
As part of the 2013 update to the User Rate Analysis Study, AE2S will recommend reserve account
funduig levels as appropriate given the results of financial projections and City policy.
AE2S proposes to develop suggested rate adjustments based on the financial models and preferred rate
designs from Task 4. The second progress meeting will be scheduled to coincide with the completion of
the draft results from this task (Progress Meeting No. 2 — Review Revenue Adequacy and Rate
Adjustment Recommendations). AE2S will review the revenue adequacy analysis and rate design with
Ms. Sue Kotchevar
Chief Financial Officer
Re: 2013 User Rates Analysis for Water, Sewer, and Storm Drainage Utilities Update Proposal
City of Eden Prairie,Minnesota
June 13,2013
Page 4 of 6
representatives of the City of Eden Prairie to verify assumptions and discuss the impacts of the rate design
alternatives on the financial position of each utility over the next 5-years.
Task 5: Develop Technical Memorandum and Review Results
Following completion of the revenue adequacy evaluation and rate design update, AE2S will provide a
preliminary draft technical memorandum to the City of Eden Prairie for review. The technical
memorandum will provide concise documentation of the project including all analysis, evaluated
alternatives,results of financial models, and recommendations. AE2S proposes a third progress meeting
to review this draft technical memorandum (Progress Meeting No.3 —Review Draft TM with City Staff).
Based on comments received from this review, AE2S will finalize the analysis and provide a Technical
Memorandum describing the results of the study. Complete copies of all the final technical memorandum
and financial models will be provided to the City of Eden Prairie in electronic format.
Task 6: Presentation
AE2S will either present directly or support City staff in presentation of the 2013 'User Rates Analysis
Update to the Conservation Commission and the City Council. AE2S staff will be available during these
presentations to answer any questions or concerns expressed by utility stakeholders.
Additional Services
Additional services available to the City of.Eden Prairie may include,but are not limited to:
1. Additional meetings or presentations of the results of the analyses to the City of Eden
Prairie, other stakeholders,or municipal customers.
2: Evaluation of additional rate design alternatives.
3. Additional Capital Improvement and/or reinvestment planning for the Water, Sanitary
Sewer,or Storm Drainage Utilities.
AE2S would be pleased to perform any of the additional services listed above, or other professional
services requested by the City. The costs associated with additional services are not included in the fee
estimate of this proposal: If requested by the City of Eden Prairie,AE2S will provide services beyond the
scope of this proposal on au hourly basis in accordance with the current Hourly Fee and Expense
Schedule.
Responsibilities of the City of Eden Prairie
The City of Eden Prairie will be responsible for the following:
1. Provide AE2S with the data outlined above. Subsequent to AE2S's review of the existing
data, City of Eden Prairie representatives will obtain additional data as requested by AE2S
and discussed above or make alternate arrangements for AE2S to obtain the requested data.
Completion of the tasks specified within the Scope of Services is dependent upon the timely
submission of thorough,detailed data.
i
Ms. Sue Kotchevar
Chief Financial Officer
Re: 2013 User Rates Analysis for Water, Sewer, and Storm Drainage Utilities Update Proposal
City of Eden Prairie,Minnesota
June 13,2013
Page 5 of 6 •
2. Provide input regarding any interpretation and assumptions associated with revisions to the
revenue adequacy model for the utilities.
3. Review draft materials and actively participate in discussions regarding the evaluation of
alternatives.
Professional Fees and Schedule
AE2S proposes to render the Scope of Services outlined in this proposal for an estimated amount of forty-
eight thousand, seven-hundred and thirty dollars ($48,730). Professional fees will be billed on an hourly
basis, including reimbursable expenses. Total compensation will not exceed the established amount
without written authorization from the City.
DESCRIPTION ESTIMATED FEE
Task 1: Project Kick-Off and Data Review $ 1,409
Task 2: Cost of Service Analysis $ 3,808
Task 3: Rate Design $ 17,826
Task 4: Revenue Adequacy Evaluation and Rate Adjustment $ 9;018
Recommendations.
Task 5: Report Preparations $ 8,492
Task 6: Presentations $ 3,961
TOTAL $ 44,514
AE2S is available to begin work on this project immediately upon acceptance of this proposal by the City
of Eden Prairie. The project is proposed to be,completed in accordance with the following primary
milestones:
s Draft Technical Memorandum August 30,2013
Final Technical Memorandum- September 20,2013 (pending review by City staff)
® Presentations- TBD
A detailed project schedule will be prepared following the project Kick-Off Meeting based on current
timing,receipt of financial data, and coordinated meeting availability.
Ms. Sue Kotchevar
Chief Financial Officer
Re: 2013 User Rates Analysis for Water, Sewer, and Storm Drainage Utilities Update Proposal
City of Eden Prairie,Minnesota
June 13,2013.
Page 6 of 6
We appreciate the opportunity to continue working with you and other Eden Prairie staff on this update to
the.User Rates Analysis project. We look forward to working with you to facilitate the successful.
implementation of rate adjustments that are in the best interest of the City of Eden Prairie. Should you
have any additional questions or comments with respect to our proposal,please feel free to contact me at
(763)463-5036, or via email at Grant.Meyer a,ae2s.com.
Sincerely,
AE2S
•
Grant L.Meyer,PE
Operations Manager
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar July 16, 2013
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIILC.
Paul Sticha, Administration, 2013 Building Envelope Restoration
Facilities
Requested Action
Move to: Award the contract for 2013 Building Envelope Restoration to Restoration Systems,
Inc. in the amount of$66,990.
Synopsis
Base Bid Alternate 1
Restoration Systems $66,990.00 $7,900.00
Flag Builders of Minnesota $86,750.00 $7,342.00
Western Waterproofing No Bid
American Masonry No Bid
A.J. Spanjers Company No Bid
Advanced Masonry Restoration No Bid
Total Budgeted $123,000.00
Background Information
Plans and specifications were prepared by EPI for restoration work at 15 buildings. The work
includes caulking, tuckpointing, weather seals, metal repair, brick and block repair or
replacement, concrete repair, etc.
Six restoration contractors requested plans and specs, and four contractors attended the pre-bid
meeting, including American Masonry and A.J. Spanjers. American Masonry sent a letter stating
that they had received a number of contracts recently and would not be able to submit a bid to
the City because of scheduling. Two bids were received. Staff recommends rejecting the
alternate.
Attachment
Letter of Recommendation
Environmental Process, Inc.
/11
715 Florida Avenue South, Suite 111,Golden Valley,MN 55426-1700
Phone: 763-398-3040 •Fax: 763-398-0121 •email: epimpls@rconnect.com•www.go-epi.com
July 1, 2013
Mr. Paul Sticha
Facilities Manager
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, Minnesota 55344-4485
Re: City of Eden Prairie
2013 Exterior Building Envelope Maintenance
EPI No.: 2013-445
Dear Mr. Sticha:
Environmental Process, Inc. (EPI) reviewed the City of Eden Prairie - 2013 Exterior
Building Envelope Maintenance project work scope with Mr. Bob Yaritz of Restoration
Systems, Inc. and there were no questions. Bob Yaritz indicated that they will be ready
to start work as in the tentative schedule or earlier. The work schedule will be discussed
at the preconstruction meeting.
Restoration Systems, Inc. is based in Chaska, Minnesota. EPI has worked with
Restoration Systems, Inc. in the past. Restoration Systems, Inc. successfully completed
the City of Eden Prairie — 2008, 2009, 2010, 2011, and 2012 Exterior Building Envelope
Maintenance projects. Based on the review of project work scope with Restoration
Systems, Inc. and the fact that they are the low bidder we recommend awarding the
project to them.
EPI recommends that the base bid cost of $66,990.00 for the 2013 Exterior Building
Envelope Maintenance project be accepted from Restoration Systems, Inc.
Please call (763) 398-3040 with any questions, comments.
Sincerely,
ENVIRONMENTAL PROCESS, INC.
Denny Langer, PE
Project Manager
Attachment: Recap of Bids
CITY OF EDEN PRAIRIE
2013 EXTERIOR BUILDING
ENVELOPE MAINTENANCE
EPI 13-445
RECAP OF BIDS
Bid Due Date: Thursday, June 27, 2013
Time: 10:00 AM
CONTRACTOR BASE BID ALTERNATE G-1 BID AFFIDAVIT Tuckpointing Control Joint/ Caulk Replacement
(Appendices A-O) (Door BOND OF NON- (CMUBrick) Expansion door/window, of Concrete
Replacement in COLLUSION (Per Linear Ft.) Joint head/jambs Sidewalk/
Lieu of Repair) Replacement /sills(Per Patio(Per
(Per Linear Ft.) Linear Ft.) Square ft.)
A.J.Spanjers
Company,Inc. No Bid
American
Masonry Restoration No Bid
Flag Builders of
Minnesota,Inc. $86,750.00 $7,342.00 Yes Yes $15.00 $10.00 $8.00 $22.00
Restoration
Systems,Inc. $66,990.00 $7,900.00 Yes Yes $8.00 $10.00 $8.00 $25.00
CITY COUNCIL AGENDA DATE:
SECTION: Consent Agenda July 16, 2013
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.D.
Kathleen Porta Disposal of Surplus Property
City Clerk
Requested Action
Move to: Approve disposal of surplus property.
Synopsis
The City has items that are no longer needed for municipal purposes. The City Manager is
authorized to dispose of said property according to City Code 2.86, subd. 3.
Attachment
List of surplus property
List of Surplus Property—July 16, 2013
Ten metal file cabinets - Facilities
Typewriter
Costume hats - EP Players
From Water Plant:
Two education area display boxes
Small plastic cabinet
Metal paper organizer
Small workroom table
Plastic organizer box
Wooden computer table
Metal shelf
Three small two drawer file cabinets
One lateral file cabinet (quality questionable)
Three pre-lined whiteboard organizers
Three desktop "risers" for laptops
Two wall pictures
Recycling container marked glass
Desk chair with no wheels
10 metal cupboard drawers from an area converted to shelving
Two under desk lights
Clamp on desk lamp
Wood printer desk for continuous feed paper
Two formica topped tables
One metal desk
10 pieces assorted cubical wall organizers
Two Formica tabletops no legs
Wall mounted metal shop workspace/desk
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar July 16, 2013
DEPARTMENT/DIVISION: ITEM DESCRIPTION: IC 13-5844 ITEM NO.: VIII.E.
Public Works/Engineering Approve Professional Services Agreement with
Mary Krause SEH for the Eden Prairie Road Street and
Utility Improvements from Approximately
Frederick Place to CSAH 61 (Flying Cloud Dr.)
Requested Action
Move to: Approve Professional Services Agreement with SEH for the design services for
the street and utility improvements to Eden Prairie Road from approximately
Frederick Place to CSAH 61 (Flying Cloud Drive).
Synopsis
This Professional Services Agreement will provide engineering services related to surveying and
preliminary engineering including utilities, storm sewer and water quality for the design of this
roadway. The estimated cost for these design services is $79,963.92. The project will be
financed through a combination of Municipal State Aid funds and assessments to adjacent
benefitting properties.
Background Information
City Council authorized the preparation of a Feasibility Report for this project on June 18, 2013.
Construction plans for the section of Eden Prairie Road from approximately Frederick Place to
north of Riley Creek are currently being designed with the anticipation of construction occurring
in 2014.
With the recent developments of The Ridge at Riley Creek, The Meadows at Riley Creek, Eden
Prairie Woods, as well as recent subdivision applications including Reeder Ridge, there is
substantial residential development occurring in the area. With the preparation preliminary
design for the Eden Prairie Road connection to CSAH No. 61, we will provide a more thorough
analysis of the entire Eden Prairie Road corridor. These proposed improvements will provide
city utilities for the remaining un-developed parcels, as well as improved street access to the
entire area.
Attachments
• Professional Services Agreement
• Exhibit A- Proposal Letter
Standard Agreement for Professional Services
This Agreement ("Agreement") is made on the 16th day of July ,
2013 , between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business
address is 8080 Mitchell Road, Eden Prairie, MN 55344, and., Short Elliot Hendrickson, Inc.
a Minnesota consulting firm (hereinafter "Consultant") whose business address is
10901 Red Circle Drive, Suite 300 Minnetonka, MN 55343.
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 Eden Prairie Road and Flying Cloud Drive Connection
Feasibility Level Design Services 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 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 July 16, 2013 through
October 31, 2013 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 $ 79,963.92 for the services as
described in Exhibit A.
A. Any changes in the scope of the work which may result in an increase to the
compensation due the Consultant shall require prior written approval by an
authorized representative of the City or by the City Council. The City will not pay
additional compensation for services that do not have prior written authorization.
B. Special Consultants may be utilized by the Consultant when required by the
complex or specialized nature of the Project and when authorized in writing by
the City.
C. If Consultant is delayed in performance due to any cause beyond its reasonable
control, including but not limited to strikes, riots, fires, acts of God, governmental
actions, actions of a third party, or actions or inactions of City, the time for
performance shall be extended by a period of time lost by reason of the delay.
Consultant will be entitled to payment for its reasonable additional charges, if
any, due to the delay.
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. City'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 set forth
on Exhibit A performed prior to receipt of written notice from the City of such
suspension.
Standard Agreement for Professional Services Page 2 of 10
C. Payments for Special Consultants. The Consultant shall be reimbursed for the
work of special consultants, as described herein, and for other items when
authorized in writing by the City.
D. Claims. To receive any payment on this Agreement, the invoice or bill must
include the following signed and dated statement: "I declare under penalty of
perjury that this account, claim, or demand is just and correct and that no part of
it has been paid."
6. Project Manager and Staffing. The Consultant has designated Paul Pasko, PE, Chris
McKenzie, PE, Brent Theroux, PE and Justin Klabo, PE 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 the 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 and Data Practices. 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 Agreement. 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 herein.
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 ten (10) days of the Consultant's receipt of
Standard Agreement for Professional Services Page 3 of 10
payment by the City for undisputed services provided by the subcontractor. If the
Consultant fails within that time to pay the subcontractor any undisputed amount for
which the Consultant has received payment by the City, the Consultant shall pay interest
to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any
part of a month. The minimum monthly interest penalty payment for an unpaid balance
of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall
pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in
a civil action to collect interest penalties from the Consultant shall be awarded its costs
and disbursements, including attorney's fees, incurred in bringing the action.
11. Independent Consultant. Consultant is an independent contractor engaged by City to
perform the services described herein and as such (i) shall employ such persons as it
shall deem necessary and appropriate for the performance of its obligations pursuant to
this Agreement, who shall be employees, and under the direction, of Consultant and in
no respect employees of City, and (ii) shall have no authority to employ persons, or
make purchases of equipment on behalf of City, or otherwise bind or obligate City. No
statement herein shall be construed so as to find the Consultant an employee of the
City.
12. Insurance.
A. General Liability. Prior to starting the Work, Consultant shall procure, maintain
and pay for such insurance as will protect against claims or loss 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
Standard Agreement for Professional Services Page 4 of 10
Liability $1,000,000 combined single limit each accident
(shall include coverage for all owned, hired and
non-owed vehicles.
Umbrella or Excess Liability $1,000,000
C. The Comprehensive General/Commercial General Liability policy(ies) shall be
equivalent in coverage to ISO form CG 0001, and shall include the following:
a. Premises and Operations coverage with no explosions, collapse, or
underground damage exclusion (XCU).
b. Products and Completed Operations coverage. Consultant agrees to
maintain this coverage for a minimum of two (2) years following
completion of its work. Said coverage shall apply to bodily injury and
property damage arising out of the products-completed operations
hazard.
c. Personal injury with Employment Exclusion (if any) deleted.
d. Broad Form CG0001 0196 Contractual Liability coverage, or its
equivalent.
e. Broad Form Property Damage coverage, including completed operations,
or its equivalent.
f. Additional Insured Endorsement(s), naming the "City of Eden Prairie" as
an Additional Insured, on ISO forms CG 2010 07 04 and CG 2037 07 04,
or their equivalent.
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.
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:
Standard Agreement for Professional Services Page 5 of 10
a. All policies, except the Professional Liability Insurance policy, shall be
written on an "occurrence" form ("claims made" and "modified occurrence"
forms are not acceptable);
b. All policies, except the Professional Liability Insurance policy, shall be
apply on a "per project" basis;
c. All policies, except the Professional Liability Insurance and Worker's
Compensation Policies, shall contain a waiver of subrogation naming "the
City of Eden Prairie";
d. All policies, except the Professional Liability Insurance and Worker's
Compensation Policies, shall name "the City of Eden Prairie" as an
additional insured;
e. All policies, except the Professional Liability Insurance and Worker's
Compensation Policies, shall insure the defense and indemnity
obligations assumed by Consultant under this Agreement; and
f. All polices shall contain a provision that coverages afforded there under
shall not be canceled or non-renewed, nor shall coverage limits be
reduced by endorsement, without thirty (30) days prior written notice to
the City.
A copy of the Consultant's Certificate of Insurance which evidences the
compliance with this Paragraph, 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
Standard Agreement for Professional Services Page 6 of 10
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.
13. Indemnification. Consultant agrees to defend, indemnify and hold the City, its officers,
and employees harmless from any liability, claims, damages, costs, judgments, or
expenses, including reasonable attorney's fees, to the extent attributable to a negligent
or otherwise wrongful act or omission (including without limitation professional errors or
omissions) of the Consultant, its agents, employees, or subcontractors in the
performance of the services provided by this Agreement and against all losses by
reason of the failure of said Consultant fully to perform, in any respect, all obligations
under this Agreement. Consultant further agrees to indemnity the City for defense costs
incurred in defending any claims, unless the City is determined to be at fault.
14. 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.
15. 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.
16. 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. Any violation of statutes, ordinances, rules and
Standard Agreement for Professional Services Page 7 of 10
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.
17. Mediation. Each dispute, claim or controversy arising from or related to 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.
18. Assignment. Neither party shall assign this Agreement, nor any interest arising herein,
without the written consent of the other party.
19. Services Not Provided For. No claim for services furnished by the Consultant not
specifically provided for herein shall be honored by the City.
20. 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.
21. 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.
22. 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.
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 Council of
the City shall have a financial interest, direct or indirect, in this Agreement. The violation
of this provision renders the Agreement void.
25. Counterparts. This Agreement may be executed in multiple counterparts, each of
which shall be considered an original.
Standard Agreement for Professional Services Page 8 of 10
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
Mayor
City Manager
FIRM NAME
By:
Its:
Standard Agreement for Professional Services Page 9 of 10
i
SEH
Building a Better World
for Ali of Us''
EXHIBIT A
July 10, 2013 RE: City of Eden Prairie
Eden Prairie Road and Flying Cloud Drive
Connection Feasibility Level Design Services
SEH No. P-EDENP 124981 10.00
Rod Rue, P.E.
City Engineer
City of Eden Prairie
8080 Mitchell Road
Eden Prairie,Minnesota 55344
Dear Rod:
Short Elliott Ilendrickson Inc. (SEH)thanks you for the opportunity to assist the City of Eden Prairie(City)
with the referenced project. For your convenience,we have included a schematic level plan and profile
labeled Exhibits B-1 and B-2 with this letter proposal.
Scope of Work
We understand the City of Eden Prairie would like support from SEH in preparation of a Feasibility Study for
Eden Prairie Road(EPR)between Flying Cloud Drive and EPR Station 266+25.The Feasibility Level Design
Services work builds on the Supplemental Agreement for Professional Services dated 3/11/13 for completing
schematic level design work to connect EPR to FCD.
We have prepared a detailed Task Hour Budget(THB)based on our understanding of the project which
contains footnotes of our key assumptions regarding the scope of our work. The following is a description of
the proposed major tasks:
Data Collection
• Aid the City in writing a Soil Boring and Resistivity Survey Request for Proposal.
• Investigate project with on-site visit and photograph existing conditions.
Feasibility Level Design Services
• Set horizontal and vertical road alignments for the study taking advantage of the best elements of attached
Exhibit B1 and B2 minimizing impacts to lots 36&37.
• Begin talks with MnDOT State Aid regarding their opinion of the proposed alignment and profile,and
determine if a Variance will be necessary and/or obtainable.
• identify property acquisition needs of the alignment and construction limits.
• Analyze soil boring and resistivity results from City's contract with chosen materials testing firm.
• Conduct environmental impact analysis within the project limits.
• Analyze drainage areas.
• Design of storm sewer, sanitary sewer and watermain.
• Opinion of Probable Costs for the Project.
Engineers I Architects I Planners I Scientists
Short Elliott Hendrickson Inc.,10001 Red Circle Drive,Suite 300,Minnetonka,MN 55343-0302
all Is an equal opportunity employer I www,sehinc.com I 952.912.2500 I B00.734_6757 888-08.8166 tau
Rod Rue, PE
July 10, 2013
Page 2
Compensation
We will provide the services to the City as outlined in the enclosed Task Hour Budget(THB)within the
project area for a not-to-exceed fee of$79,963.92. Our not-to-exceed fee includes reimbursable expenses. We
will bill you monthly on an hourly basis for our labor and reimbursable expenses.We will only proceed with
additional work following your authorization.
For your reference,the not-to-exceed fee is 3.1%of the Conceptual Opinion of Probable Cost, dated 4/15/13,
revised 5/15/13,for"Alternate C 1.0% Profile"project cost of$2,568,140.
Work shall be done in accordance with the City's Standard Agreement for Professional Services(Agreement).
This proposal letter is an exhibit to that Agreement. A filled in and SEI-I signed copy ofthis document has
been enclosed.
Schedule
Upon receiving authorization to proceed, we will commence work according to the recommended schedule
below:
DATE ACTIVITY/T- ASK
July 16, 2013 Council Considers Awarding SEH the Feasibility Contract
July 24, 2013 Meeting with MnDOT to Discuss Possible Design Variance
August 1, 2013 Complete Feasibility Design showing Alignments,Cross Sections,Grading Limits,
ROW,and Easements
August 20,2013 Council.considers Pulte/Reeder Ridge Plat with Connection proposed ROW and
Easements incorporated.
October,2013 SEH completes tasks detailed on TIIB
Conclusion
The Agreement,Exhibit A,Exhibits B-1 and B-2,and the THB represent the entire understanding between
the City and us with regards to the project and may only be modified in writing signed by both of us.
As always, we are looking forward to assisting the City with Feasibility design phase services for this project,
If this letter satisfactorily defines our role in this project,please have City officials sign and date both
Agreements and return one to me at the address shown on this letterhead. In the meantime, please contact me
at 952.912.2611. or ppasko@sehinc.com sehinc.com with questions or comments.
Sincerely,
SHORT ELLIOTT HENDRICKSON INC.
egg itz.4.
Paul J. Pasko III, PE
Project Manager
Enclosures
c: Chris McKenzie, SEH(with all enclosures)
Justin Klabo, SEI-I(with all enclosures)
Deric Deuschlc, SEH (with all enclosures)
Jeff Johnson, SEH(with all enclosures)
Brent Theroux, SEH(with all enclosures)
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SEH Task Hour Budget
City of Eden Prairie
Eden Prairie Road and Flying Cloud Drive
Connection Feasibility Level Design Services
July 8, 2013
ESTIMATED HOURS
ESTIMATED
WATER SENIOR REGISTERED COST
PROJECT GEOTECH SENIOR WATER SENIOR PROJECT
PROJECT TASKS MANAGER ENGINEER RESOURCES RESOURCES SCIENTIST TRAFFIC ENGINEER LAND ADMIN TECH
ENGINEER ENGINEER SURVEYOR
1.0 Data Collection(1)(2)(4)
1.1 Project site visit and photographs _ 4 4 2
1.2 Prepare Soil Boring RFP(3) 1 6
Subtotal Hours 1 6 _ 4 4 2 17
Subtotal Labor Cost $180 $775 $504 $378 $197 $2,033
2.0 Feasibility Road Alignment and Profile(5)(24)(26)
(27)(39)(43)
2.1 Create horizontal road alignment(6)(7) 1 5
2.1.1 Develop roadway and trail geometrics 1
2.1.2 Create surface model from contours 1
2.2 Create vertical road profile(6)(7) 1 5
2.3 Verify/develop road section depth(8) 1 1
2.4 Review Flying Cloud Drive intersection(9) 4
2.5 Retainingwalls(10)(14) 20
2.6 Sanitary sewer(12)
2.6.1 Horizontal and vertical alignment 20
2.7 Watermain(17) 5
2.8 Create cross-sections to determine grading limits(13)
(14)(28) 1 20
2.9 Investigate Right-of-Way/Easements Acquisition(15)
(16)(19)(45) _ 1 10 10
2.10 Geotechnical Feasibility Memorandum(41) 80 1
2.11 Environmental Impacts 2
2.12 Investigate potential project impacts using available
GIS database information(42) 4
2.13 Forces and Issues Matrix(29)
2.14 Feasibility Report(30)
2.15 MnDOT State Aid Submittal(25)
Subtotal Hours 5 100 6 4 68 10 1 194
Subtotal Labor Cost $899 $12,915 i $688 $742 $6,689 $1,114 $93 $23,140
Page 1 of 4
ESTIMATED HOURS
ESTIMATED
WATER SENIOR REGISTERED COST
PROJECT GEOTECH SENIOR WATER SENIOR PROJECT
PROJECT TASKS MANAGER ENGINEER RESOURCES RESOURCES SCIENTIST TRAFFIC ENGINEER LAND ADMIN TECH
ENGINEER ENGINEER SURVEYOR
3.0 Stormwater Runoff Management Facility(18)(19)
(44)
3.1 Data collection and review(20) 5 5
3.2 Temporary Erosion Control(21) 3 6 24
3.3 Hydrologic and Hydraulic Analysis 3 6 24
3.4 Develop storm sewer network(7)(11) 10
3.4.1 Prepare drainage area map 35
3.4.2 Proposed pipe sizing analysis 40
3.4.3 Proposed Horizontal and vertical alignment 30
3.5 Determine Management Facility Requirements(22) 10 6 40
3.6 Prepare Stormwater Design Memo (23) 6 16 1
Subtotal Hours 26 29 109 105 1 270
Subtotal Labor Cost $4,675 $3,654 $10,301 $10,329 $93 $29,051
4.0 Opinion of Probable Cost(31)(32)(33)(34)(35)(40)
4.1 Quantity Calculations 2
4.1.1 Storm Sewer 10 10
4.1.2 Sanitary Sewer 2
4.1.3 Watermain 2
4.1.4 Roadway 10
4.1.5 Earthwork 10
4.1.6 Stormwater Management BMPs 2 10 15
4.2 Opinion of Probable Cost 2
4.2.1 Storm Sewer 5
4.2.2 Sanitary Sewer 2
4.2.3 Watermain 2
4.2.4 Roadway 5
4.2.5 Earthwork 5
4.2.6 Stormwater Management BMPs 2 10 5
Subtotal Hours 4 4 30 73 111
Subtotal Labor Cost $719 $504 $2,835 $7,181 $11,240
5.0 Meetings(38)
5.1 Agency Coordination Meeting(36) 2 4 6 1
5.1.1 Lower Minnesota River Watershed District 2 2 1
5.1.2 Riley Purgatory Bluff Creek Watershed District 2 1
5.1.3 Minnesota Department of Natural Resources 4 4 1
5.2 Meeting with Hennepin County(36) 4 1
5.3 MnDOT State Aid(35) 10 4 40 1 _
5.4 With City Staff(37)(43) 8 16
Subtotal Hours 32 6 6 4 4 56 6 114
Subtotal Labor Cost $5,754 $756 $567 $458 $742 $5,509 $556 $14,342
Subtotal Summary 68 106 43 149 10 8 304 10 8 706
Subtotal Summary $12,227 $13,690 $5,418 $14,081 $1,146 $1,484 $29,906 $1,114 $742 $79,806
Page 2 of 4
WATER SENIOR REGISTERED
PROJECT GEOTECH SENIOR WATER SENIOR PROJECT ESTIMATED
MANAGER ENGINEER RESOURCES RESOURCES SCIENTIST TRAFFIC ENGINEER LAND ADMIN TECH COST
FNGINEFR ENGINFFR strRVEYOR
PROJECT COST SUMMARY
Subtotal Hours 68 106 43 149 10 8 304 10 8 706
Subtotal Labor Cost $12,226.54 $13,689.90 $5,418.00 $14,080.50 $1,145.97 $1,483.52 $29,905.85 $1,114.47 $741.64 $79,806.38
Subtotal Expenses $157.54
Subtotal $79,963.92
TOTAL COST ASSOCIATED WITH THIS PROPOSAL: $79,963.92
P:\AE\E\Edenp\124981\1-genl\10-contracts\Proposal\[THB Flying Cloud Dr Connect Feasibility.xlsx]Hours-Costs
NOTES
(1)Gopher State One Call design locate not included due to existing public and private utilities not being considered during this Feasibility design.
(2)Topographic surveys,property boundary surveys,wetland delineation surveys,and tree surveys will not be executed with this project.Assumes these tasks will occur later during the preparation of construction
documents,if necessary.
(3)Assumes SEH shall assist City in writing a Request for Proposal(RFP)for soil borings and geophysical(resistivity)survey and associated lab work. City will obtain temporary Rights of Entry to perform resistivity
testing near proposed retaining wall location,and traffic control for soil borings within existing Eden Prairie Road ROW. SEH will provide locations stakes for borings. Testing firm will enter into a contract
directly with the City for their services.
(4)Assumes background CAD data has been obtained in schematic design phase.
(5)Assumes the typical roadway section will match proposed 32'Eden Prairie Road(EPR)typical section.
(6)Shall meet State Aid design standards.
(7)We will develop one(1)alignment based on schematic level Exhibit Al(Alternate B)and Exhibit A2(Alternate C),minimizing impacts to properties 36 and 37 as much as possible.
(8)An evaluation of existing geotechnical conditions and recommendations to improve possible unsatisfactory road subgrade conditions will be based soil boring results.
(9)A detailed intersection analysis at Flying Cloud Drive/CSAH 61(FCD)will not be performed with this project. Efforts will be made to coordinate proposed intersection with Hennepin County's proposed FCD
Reconstruction Plans.
(10)Retaining wall design services will be at a Feasibility level. Detailed design to occur during preparation of construction documents.
(11)Design will convey a 10-year design storm. Detailed storm water runoff volume computations will be prepared.
(12)Sanitary sewer proposed from Exhibits Al and A2 station 266+25 to FCD.
(13)Assumes Feasibility level cross sections at 50 foot intervals.
(14)Grading limits will be shown with retaining walls providing a balance between proposed excavation and retaining wall height.
(15)Deliverable is a table with area of required ROW and/or easement acquisition per PID(including project summary totals).
(16)No legal descriptions will be prepared during the Feasibility design phase.
(17)Assume 8"watermain with 8'of cover from Flying Cloud Dr to Exhibits Al and A2 Eden Prairie Road Sta 266+25.
(18)Assumes only one(1)stormwater facility is needed whether it is in Lower Mn River Watershed District or Riley Purgatory Bluff Creek Watershed District.
(19)A CAD file with required ROW and/or easements will be provided to the City in their use in coordinating with the Pulte Homes/Reeder Ridge Addition plat preparation.
(20)Includes determining Watershed District and City requirements,possible design flows from the proposed pond outlet'A'shown on Exhibit B(Pulte/Reeder Ridge Development),Hennepin County Flying Cloud
Reconstruction Plans.
(21)Includes erosion control analysis for construction and post construction,including identifying coordination issues that may exist with Flying Cloud Dr Reconstruction and possible temporary NURP ponds
necessary.
(22)Information of proposed flows to design facility will be transmitted by SEH to Hennepin County to be used by Hennepin County in the final design and construction of the Flying Cloud Dr Reconstruction Project.
(23)A stormwater technical memorandum will be prepared summarizing project requirements,proposed stormwater facilities and treatment totals.
Page 3 of 4
(24)Private utilities will not be considered during this Feasibility design.It will be assumed that the private utilities will be relocated as needed along the recommended improvements.
(25)No formal State Aid Submittal documents will be transmitted to MnDOT. Documents prepared in task hour budget sections 2.0 and 3.0 will be transmitted to MnDOT to determine how to obtain state aid approval.
Formal variance documents,if necessary,will not be prepared,only determination of what future variance documents need to be prepared to obtain state aid approval,if necessary.
(26)One(1)set of Feasibility plan and profile drawings will be prepared at a scale of 1"=100'(11"x 17"sheets).
(27)Feasibility plan and profile drawings will include the following:
•Aerial topography files with two-foot contours.
•Estimated locations of existing right-of-way and property lines.
•Locations of recommended back of curb,edge of pavement and edge of bituminous trail.
•The recommended vertical profile compared to the existing roadway profile.
•Proposed grading limits along the entire length of the project.
•Location of the recommended alignment of the storm sewer system.
(28)One(1)set of feasibility cross section drawings(11"x 17"sheets)will be prepared.
(29)A forces and issues matrix will not be prepared.
(30)Assumes the feasibility report will be prepared by the City using exhibits prepared in task hour budget sections 2.0,3.0 and 4.0.
(31)Assumes two(2)opinion of probable cost will be prepared. One for review by the City and one following edits prepared by the City.
(32)Assumes quantities and costs will be Feasibility level only based on EPR opinion of probable costs.
(33)Feasibility level costs will include a 15%construction contingency and 20%indirect Feasibility level costs to arrive at estimated project Feasibility level costs.
(34)Feasibility level costs will be computed in 2013 dollars.
(35)Assumes one(1)meeting with State Aid at the Waters Edge Building,and two(2)conference calls to determine what design criteria do not need a variance,and,if a variance is required,how much design
flexibility will a variance allow.
(36)Assumes one(1)meeting.
(37)Meeting will only be with City staff.
(38)Assumes preparation of exhibits for use by the City at Neighborhood meetings.Assumes attendance by SEH at Neighborhood meetings is not necessary.
(39)Assumes data shown in the CAD files are accurate enough for use in this project.
(40)The Feasibility level opinion of probable costs will be subtotaled by roadway,earthwork,and storm sewer work.
(41)Feasibility memo will discuss geotechnical issues that should be considered at next stage of design. Such issues may or may not include:organic soils,artesian pressures,rock excavation(weathered,hard,soft,
etc.),grade separation,slope stability,subsurface drainage,embankment support.
(42)The Feasibility level of environmental impacts includes identifying potential impacts to the project limits using available GIS data information.
(43)Assumes two(2)meetings with the City to review the progress of the project.
(44)Storm water management systems to be analyzed include wet sedimentation basins,infiltration basins,filtration basins,underground systems and other facilities as needed to meet the Watershed District
requirements.
(45)Includes property research of each parcel to determine restrictions on land use,if any.
Page 4 of 4
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar July 16, 2013
SERVICE AREA: ITEM DESCRIPTION: ITEM NO.: VIII.F.
Approve Agreement with Vaisala Incorporated
Robert Ellis/Public Works for the purchase of a Road and Weather
Information System in the amount of$28,310
Requested Action
Move to: Approve purchase of a Road and Weather Information System from Vaisala Inc. for$28,310.
Synopsis
The city of Eden Prairie's Street Division installed a similar Road and Weather Information System(RWIS)
in 2012 as part of a Local Operations Assistance Program grant. The city found this device to be highly
effective at monitoring night, weekend and holiday road conditions, and assisting with proper call out times
for the snow removal team. However, we also learned that conditions can vary across the city to such a
degree that one part of Eden Prairie can have favorable road conditions and other areas can have very icy or
snowy conditions. As a result, there is a need to install one additional RWIS on the western side of Eden
Prairie to compliment the current system located near the eastern boundary.
Background Information
A Road and Weather Information System can provide real time, non-subjective road condition information
in Eden Prairie. RWIS can measure the amount of accumulated moisture (either rain, frost, ice, slush or
snow), road friction, humidity and air and pavement temperatures. This allows Street Division employees
to make an objective decision based on actual road conditions in Eden Prairie. This information is relayed
in live time through the internet, email,voice mail or smart phone applications to the responding parties.
Attachment
Agreement
Standard Purchasing Contract
This Contract ("Contract") is made on the 16th day of July, 2013, between the City of Eden
Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden
Prairie, MN 55344, and Vaisala, Inc., (hereinafter "Vendor") whose business address is 1862
Craig Park Court, St. Louis, MO 63146.
Preliminary Statement
The City has adopted a policy regarding the selection and hiring of vendors to provide a variety
of goods and/or services for the City. That policy requires that persons, firms or corporations
providing such goods and/or services enter into written agreements with the City. The purpose
of this Contract is to set forth the terms and conditions for the provision of goods and/or services
by Vendor for furnishing a Guardian Road and Weather Information System hereinafter referred
to as the "Work".
The City and Vendor agree as follows:
1. Scope of Work. The Vendor agrees to provide, perform and complete all the provisions of
the Work in accordance with attached Exhibit A. The terms of this Contract shall take
precedence over any provisions of the Vendor's proposal and/or general conditions.
2. Term of Contract. All Work under this Contract shall be provided, performed and/or
completed by October 4, 2013.
3. Compensation for Services. City agrees to pay the Vendor a fixed sum of$28,310.00 as
full and complete payment for the goods, labor, materials and/or services rendered pursuant
to this Contract and as described in Exhibit A.
4. Method of Payment. Vendor shall prepare and submit to City, on a monthly basis, itemized
invoices setting forth work performed under this Contract. Invoices submitted shall be paid
in the same manner as other claims made to the City.
5. Standard of Care. Vendor 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.
6. Insurance.
a. General Liability. Vendor shall maintain a general liability insurance policy with limits
of at least $1,500,000.00 for each person, and each occurrence, for both personal
injury and property damage. Vendor shall provide City with a Certificate of Insurance
verifying insurance coverage before providing service to the City.
b. Worker's Compensation. Vendor shall secure and maintain such insurance as will
protect Vendor from claims under the Worker's Compensation Acts and from claims
for bodily injury, death, or property damage which may arise from the performance of
Vendor's services under this Contract.
7. Indemnification. Vendor will indemnify City and hold it harmless from and against all
judgments, claims, damages, costs and expenses, including a reasonable amount as and
for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of
this Contract by Vendor or any negligent or intentional act or omission performed, taken or
not performed or taken by Vendor, its agents, contractors and employees, relative to this
Contract. City will indemnify and hold Vendor harmless from and against any loss for injuries
or damages arising out of the negligent acts of the City, its agents or employees.
8. Termination. This Contract may be terminated by either party by seven (7) days' written
notice delivered to the other party at the addresses written above. Upon termination under
this provision if there is no fault of the Vendor, the Vendor shall be paid for services
rendered until the effective date of termination.
9. Independent Contractor. At all times and for all purposes herein, the Vendor is an
independent contractor and not an employee of the City. No statement herein shall be
construed so as to find the Vendor an employee of the City.
10. Non-Discrimination. During the performance of this Contract, the Vendor 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, or age. The Vendor 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 Vendor 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.
11. Subcontract or Assignment. Vendor shall not subcontract any part of the services to be
provided under this Contract; nor may Vendor assign this Contract, or any interest arising
herein, without the prior written consent of the City.
12. Services Not Provided For. No claim for services furnished by Vendor not specifically
provided for in Exhibit A shall be honored by the City.
13. Compliance with Laws and Regulations. Vendor is responsible for knowing of and
abiding by all statutes, ordinances, rules and regulations pertaining to the type of services
provided pursuant to this Contract; including, as applicable, the Minnesota Data Practices
Act, Minnesota Statutes Section 13, as amended, and Minnesota Rules promulgated
pursuant to Chapter 13.
14. Audits. The books, records, documents, and accounting procedures and practices of the
Vendor or other parties relevant to this agreement are subject to examination by the City
and either Legislative Auditor or the State Auditor for a period of six years after the effective
date of this contract.
15. Conflicts. No salaried officer or employee of the City and no member of the Council, or
Commission, or 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.
16. Damages. In the event of a breach of this Contract by the City, Vendor shall not be entitled
to recover punitive, special or consequential damages or damages for loss of business.
17. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota.
Standard Purchasing Contract Page 2 of 3
18. Severability. The provisions of this Contract 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 Contract.
19. Entire Agreement. The entire agreement of the parties is contained herein. This Contract
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 Contract shall be valid only when expressed in writing and duly signed
by the parties, unless otherwise provided herein.
Executed as of the day and year first written above,
CITY OF EDEN PRAIRIE
Mayor
City Manager
VENDOR
By:
Its: Cs t`E
Standard Purchasing Contract Page 3 of 3
rL '
Weather Critical Operations
June 17,2013
VaisaIa Scope of Work—Provide Guardian RWIS Package which includes:
> Non-Invasive Surface State&Temperature Sensors with pole mounting hardware
➢ Remote Processor Unit(RPU)with enclosure,electronics,and power protection
➢ Color Camera with cables
➢ CDMA Verizon Cell Modem activation and 2 years communication fees included
> Navigator Site for agency with 2 years web hosting included
➢ Software automated"e-mail or text message"alerting with changing weather
conditions
> Includes"e-mail or text message"alerting with changing weather conditions
➢ Includes on-site installation by Vaisala subcontractor.
➢ Includes on-site commissioning by a Vaisala field service engineer.
Price:$28,310.00
•
Customers Scope of Work—Identify pole installation site location for the Guardian
System. Please note,the included non-invasive sensors must be installed within 4o'of the
pavement being monitored for accurate measurements. Available power(Mains 23o/115V
power and the necessary conduit)to the RPU cabinet to power the system. Bucket truck
and traffic control,as needed,for Vaisala subcontractor installation and Vaisala Field
service engineer for final system commissioning.
Please contact me with any questions or comments.
Bert Murillo
Territory Sales Manager-Roads Segment
VAISALA Inc.
1862 Craig Park Court
St.Louis,MO 63146
Phone: (800)325-7226 x522
Mobile: (314)346-2094
Fax: (314)812-3722
bert.murillo@vaisala,com
Valsala Inc.J Boulder Operations
194 S Taylor Ave.,Louisville,CO 80027, USA
Phone+1 303 262 4093 J Fax+1 303 499 1767
Email:pert.muriro@vaisai..com J www.valsele,cont
PDF created with pdfFactory trial version www.pdffactory.com
VAJS.ALA•
QUOTATION
Boulder Operations
P.O.Box 3659
Boulder,CO 80307-3659, USA
Phone 303 4991701
Fax 303 4991767
Contact: Tom Tesch - Date: 6/13/2013
Customer: City of Eden Prairie Quote No: QU#BM061113-1
Address: Description: Guardian System
Email/Fax: - Lead Time: 8-10 Weeks ARO
Phone:
VAISALA pricing Is In U.S.Dollars.Does not Include shipping charges which are invoiced at cost aftershlpment.
QUOTATION VALID FOR 90 DAYS PL1103R7,0
Qty. Item Description Part# Unit Price I Extended Price
WEATHER STATION ELECTRONICS
1 North American Guardian w/o Cell Modem DRIISYS SMSNNANANE7NNA '..
NA American Guardian Contiguation w/o cell modem,including data
service for2 years
Non-Invasive Surface State Sensor DSC111
Non-Invasive Surface Temperature Sensor(RS485) DST111
1m RS485/Powercable 216548
DC power/RS485 cable 10m and RS232 cable 10m for Guardian 2'221551
Guardian Installation cabinet including BOX322,Mains,Power,Flange,Surge DRB111
protection,DMC586
Residual Circuit Breaker with overcurreni protection,US mains socket,Surge DRMAINS3US
Protector
Mobolixcamera, 10 meter CATS aihemet cable,Fixing parts for sensor DR1iCAMA
support arm(NA Guardian)
Two veers Data Services
Communications
1 Verizon modern,cable,antenna and adapter in 1 kit CellmodemVZkit
HOSTED SOFTWARE SOLUTIONS
Valsata RoadDSS Navigator
2 Data Management per site per year(price per station) Project Item
2 Cellular Communication charges per station(per year) - Project item
INSTALLATION SERVICES
1 On-Site Equipment Installation INSTDAY
Installation by Vaisala and/or subcontractor personnel,Includes equipment
installation,calibration,configuration and start-up.
Travel costs except airfare are included;airfare billed at cost.
SERVICE/PREVENTATIVE MAINTENANCE CONTRACTS&ENGINEERING
1 Commissioning iSiteAcceptance SAT
Commissioning is performed by Vaisala Field Service Engineer on site after
Installation has been completed. Els the process that brings the installed
RWIS equipment into a fully operational condition. if performed as a
separate service,the Field Engineer will calibrate and terminate the
pavement sensor cables.The completion of commissioning signifies the start
of warranty period.
Travel costs except airfare are included;airfare billed at coat.
Quit BM061113-1 Cify of Eden Prairie Guardian RoSA Rev 7.0
Vaisaf,Inc Page 1 Printed 6(13/2013
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{
•
•
Qty. Item Description Part# Unit Price Extended Price
GRAND TOTAL,System Equipment,Software&Services 20,310.00
Detailed conditions covering sale of the offered equipment can be found in the enclosed sales policy,"Standard Conditions of Sale of Vaisala."
Warranty Includes on-site repair,If required.
Stated lead time is from the time of order placement.If submittals are required,lead time is from the time approved submittals are received from the
customer;if services such as site surveys,frequency checks,etc.are also required,these will be scheduled once approved submittals are received.
PRICING STIPULATIONS
Unless otherwise noted,Buyer/Olhers to provide the following:
X See accompanying Scope Document for additional details.
X RWIS tower and/or sensor pole.
X All civil works,including trenching and other ground work,as required.
X AC power and and service available at the site,including any necessary permits.
X Clear zone calculations and/or other evaluations to ensure suitability of site location and ability to meet local safety codes.
X Work zone traffic control including naggers,as needed.
PURCHASER'S ACCEPTANCE Quote No: QU#BM061113-1
This Quotation is deemed accepted when Purchaser returns Project: Guardian System
the acknowledgement copy of this Quotation
with a valid Purchase Order Number.
Purchaser:
Address:
Vaisala Standard Terms of Sales
and accompanying quote materials
are Incorporated herein by reference.
Signature:
Title:
Date:
Purchaser Order No:
Quotation Submitted by: Ship to:
Bert Murilto
Title: Ship Vla:
Territory Sales Manager or BESTWAY
Shipping Account#
QUN 5M061113-i Cily of Eden Prairie Guardian RoSA Rev 7.0
PDF crea ea with pdfFactory trial version www.pdffactory Printed 6/13/2013
.com
CITY COUNCIL AGENDA DATE:
July 16, 2013
SECTION: Consent Calendar
SERVICE AREA: ITEM DESCRIPTION: ITEM NO.: VIII.G.
Cliff Cracauer Approve Agreement with Koenig and Sons
Equipment for a 2013 New Way Refuse Packer
Public Works/Fleet Services in the Amount of$77,565.13
Requested Action
Move to: Approve purchase of a 2013 New Way 8 Refuse Packer from Koenig & Son Equipment, Inc. in
the amount of$77,565.00.
Synopsis
Quotes were received on Thursday, June 13, 2013, for the 2013 8 yard Refuse Packer with an Isuzu Cab
and Chassis. Two quotes were received and are tabulated as follows:
Koenig & Son Equipment $77,565.13
ABM Equipment and Supply $86,899.00
Background Information
On January 22, 2013 the City Council Approved the equipment purchases for 2013 following Cooperative
Purchasing guidelines utilizing State of Minnesota and Hennepin County Contracts. There is no contract in
force that covers a refuse packer(garbage truck); in accordance with City purchasing policy Fleet Services
procured quotes.
Attachments
• Agreement
• Exhibit
Standard Purchasing Contract
This Contract ("Contract") is made on the 16th day of July, 2013, between the City of Eden
Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden
Prairie,MN55344, and Koenig & Son Equipment, Inc., a Minnesota Company (hereinafter
"Vendor") whose business address is 45 West Ivy Ave St. Paul Mn 55117.
Preliminary Statement
The City has adopted a policy regarding the selection and hiring of vendors to provide a variety
of goods and/or services for the City. That policy requires that persons, firms or corporations
providing such goods and/or services enter into written agreements with the City. The purpose
of this Contract is to set forth the terms and conditions for the provision of goods and/or services
by Vendor for 2013 New Way 8 Refuse packer body with Isuzu Cab Chassis hereinafter
referred to as the "Work".
The City and Vendor agree as follows:
1. Scope of Work. The Vendor agrees to provide, perform and complete all the provisions of
the Work in accordance with attached Exhibit A. The terms of this Contract shall take
precedence over any provisions of the Vendor's proposal and/or general conditions.
2. Term of Contract. All Work under this Contract shall be provided, performed and/or
completed by August 15, 2013.
3. Compensation for Services. City agrees to pay the Vendor [a fixed sum of $77,565.13
(Taxes paid by The City) with total payments not to exceed $ 77,565.13] as full and
complete payment for the goods, labor, materials and/or services rendered pursuant to this
Contract and as described in Exhibit A.
4. Method of Payment. Vendor shall prepare and submit to City, a itemized invoice setting
forth work performed under this Contract. Invoice submitted shall be paid in the same
manner as other claims made to the City.
5. Staffing. The Vendor has designated (Not Applicable) to perform the Work. They shall be
assisted by other staff members as necessary to facilitate the completion of the Work in
accordance with the terms established herein. Vendor may not remove or replace the
designated staff without the approval of the City.
[STAFFING PROVISION REQUIRED ONLY FOR SERVICES]
6. Standard of Care. Vendor 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.
7. Insurance.
a. General Liability. Vendor shall maintain a general liability insurance policy with limits
of at least $1,500,000.00 for each person, and each occurrence, for both personal
injury and property damage. Vendor shall provide City with a Certificate of Insurance
verifying insurance coverage before providing service to the City.
b. Worker's Compensation. Vendor shall secure and maintain such insurance as will
protect Vendor from claims under the Worker's Compensation Acts and from claims
for bodily injury, death, or property damage which may arise from the performance of
Vendor's services under this Contract.
8. Indemnification. Vendor will indemnify City and hold it harmless from and against all
judgments, claims, damages, costs and expenses, including a reasonable amount as and
for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of
this Contract by Vendor or any negligent or intentional act or omission performed, taken or
not performed or taken by Vendor, its agents, contractors and employees, relative to this
Contract. City will indemnify and hold Vendor harmless from and against any loss for injuries
or damages arising out of the negligent acts of the City, its agents or employees.
9. Termination. This Contract may be terminated by either party by seven (7) days' written
notice delivered to the other party at the addresses written above. Upon termination under
this provision if there is no fault of the Vendor, the Vendor shall be paid for services
rendered until the effective date of termination.
10. Independent Contractor. At all times and for all purposes herein, the Vendor is an
independent contractor and not an employee of the City. No statement herein shall be
construed so as to find the Vendor an employee of the City.
11. Non-Discrimination. During the performance of this Contract, the Vendor 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, or age. The Vendor 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 Vendor 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.
12. Subcontract or Assignment. Vendor shall not subcontract any part of the services to be
provided under this Contract; nor may Vendor assign this Contract, or any interest arising
herein, without the prior written consent of the City.
13. Services Not Provided For. No claim for services furnished by Vendor not specifically
provided for in Exhibit A shall be honored by the City.
14. Compliance with Laws and Regulations. Vendor is responsible for knowing of and
abiding by all statutes, ordinances, rules and regulations pertaining to the type of services
provided pursuant to this Contract; including, as applicable, the Minnesota Data Practices
Act, Minnesota Statutes Section 13, as amended, and Minnesota Rules promulgated
pursuant to Chapter 13.
15. Audits. The books, records, documents, and accounting procedures and practices of the
Vendor or other parties relevant to this agreement are subject to examination by the City
and either Legislative Auditor or the State Auditor for a period of six years after the effective
date of this contract.
Standard Purchasing Contract Page 2 of 3
16. Conflicts. No salaried officer or employee of the City and no member of the Council, or
Commission, or 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.
17. Damages. In the event of a breach of this Contract by the City, Vendor shall not be entitled
to recover punitive, special or consequential damages or damages for loss of business.
18. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota.
19. Severability. The provisions of this Contract 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 Contract.
20. Entire Agreement. The entire agreement of the parties is contained herein. This Contract
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 Contract shall be valid only when expressed in writing and duly signed
by the parties, unless otherwise provided herein.
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
Mayor
City Manager
VENDOR
By:
Its:
Revised and Copied into Purchasing Policy March 2013
Standard Purchasing Contract Page 3 of 3
Exhibit A
REQUEST FOR QUOTE
8-YARD REAR LOADING PACKER
INTENT
It is the intent of these specifications to describe a new 6-yard rear loading refuse packer and
installation on a chassis provided by the City of Eden Prairie that is in complete working order.
GENERAL
1. The City of Eden Prairie will award the quote based on compliance with quote specifications,
past experience with bidder/vendor and price.
2. Specifications are minimum standards that bidder is to meet or exceed.
3. Unit quote shall be new and current model year with no previous usage.
4. Bidders shall supply a list of at least three (1) current users with a like packer.
5. Packer shall have a minimum of 12 month warranty from the date of delivery.
6. Bidders must supply manufacturer's literature with quote.
7. Any deviation from specifications must be noted on a separate paper attached to the quote
form.
MANUALS
1. Two complete trash compactor operator manuals and one complete trash compactor parts and
service manuals to be delivered with unit.
DELIVERY
1. The unit is to be delivered completely assembled, serviced and ready to operate.
2. Upon delivery, winning bidder will instruct operators and mechanics on operations of unit.
3. Unit is to be delivered by appointment only by calling Cliff Cracauer, Public Works
Maintenance Superintendent, 952-949-8537.
ACCEPTABLE BIDDING UNITS
Refuse Packer Wayne Super 6 or equal
Chassis Isuzu NU254 2013
Chassis
NU254 2013 Isuzu NRR DSL REG AT (NU254) 132.5" WB WHITE CAB IBT
AIR PWL (3)
OPTIONS
011 Rear axle ratios, 5.571:1 Inc.
34C Very Dark Pewter, Tricot&Jersey knit combination cloth seat trim Inc.
729 Arc White
C60 Air conditioning
I1B 4HK1-TC, diesel engine 317 CID (5.19L), 215 HP at 2550 RPM: 452
Ft-lb gross torque at 1850 RPM. 4 cylinder, 16 valve, four cycle,
overhead cam, turbo charged, inter-cooled, water cooled EGR valve,
direct injection, electronically controlled common rail fuel system,
Engine cruise control and idle up function.
Inc.
I66 Engine block heater(120V 600W)
IA9 Wheelbase, 132.5" (336.6 cm) Inc.
IF6 Fire extinguisher&triangle kit mounted in rear organizer
IH2 Engine shutdown system
IL9 Provision for power-take-off
IR7 Transmission, automatic,Aisin A465 6-speed. Inc.
ISO Heated mirrors
IZ2 DEF Fill Charge
BODY SPECIFICATIONS
Entire unit shall be painted Fleet Blue, DuPont#93-24160 applied over a sandblasted and primed
surface.
Body size 8 cubic yards
Empty body weight 6130 lbs.
Overall body length 189 inches
Overall body width 75 inches
Body height about standard truck frame, tailgate closed 64 inches
Body height about standard truck frame, tailgate open 113 inches
Static hopper capacity 1 cubic yards
Hopper opening width 54 inches
Hopper loading height in relationship to truck frame +5 inches
Hopper floor thickness 1/4inches
Automatic latching tailgate
Must meet all ANSI Z245.1 safety standards
Quote—Packer Body(Cont.)
Page 2
HYRAULIC SPECIFICATIONS
Normal maximum operating system pressure 2500 psi
Oil flow 17 GPM
Operating pump RPS 1300
Hopper cycle time 8-10 seconds
Cylinders—Number& Size
Slide (sweep) (2) 2 1/2 inches
Packing (2) 2 1/2 inches
Ejection (1) telescoping
Tailgate lift (2) 2 1/2 inches
Hydraulic replaceable return filter 10 micron
REAR CART LIFT
Cart Compatibility ANSI Z245.60-1996 Type B Containers (Domestic Style "2-bar")
Lift Capacity 600 lbs. @1800 psi
Hydraulic Pressure Working Pressure: 1800 psi
Maxim urn Pressure: 1800- 2000 psi
Hydraulic Flow 17-20 GPM
Cycle Time 8-10 seconds
Bearings Self-lubricat ing Composite Material
Finish Saf ety Yellow Powder Coating
Options Hydraulic Tap-In Kit
Mounting Plate Kit for Bolt-On Applications
Comm ercial Container Bumper Kit
H:\Cliff\Quote—Packer Body
CITY COUNCIL AGENDA DATE:
SECTION: Public Hearings July 16, 2013
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.A.
Community LSS Data Systems
Development/Planning
Janet Jeremiah/Julie Klima
Requested Action
Move to:
• Close the Public Hearing; and
• Adopt the Resolution for Planned Unit Development Concept Review on 1.6 acres; and
• Approve 1st Reading of the Ordinance for Plan ned Unit Development District Review with
waivers, and Zoning District Amendment in the Office Zoning District on 1.6 acres.
Synopsis
This project is a relocation of parking stalls on the site with setback waivers to parking. As a part
of the road improvement project at Shady Oak Road and City West Parkway, additional right-of-
way was needed which resulted in a change in property lines and parking areas.
The project will require the following PUD waivers:
1. Side yard parking setback from 10 feet to 1 foot at its closest point along the west
property line;
2. Front yard parking setback from 35 feet to 4.7 feet at its closest point along the north
property line.
Background Information
The second reading of the ordinance and resolution for site plan approval is listed later in the
agenda under Ordinances/Resolutions. This action is needed to allow road improvements to be
completed sooner and minimize impacts to existing businesses.
The 120-Day Review Period Expires on September 19, 2013.
Planning Commission Recommendation
The Planning Commission voted 6-0 to recommend approval of the project at the June 24, 2013
meeting.
Attachments
1. Ordinance
2. Resolution for PUD Concept Review
3. Staff Report dated June 24, 2013
4. Location Map
5. Land Use Map
6. Zoning Map
7. Aerial photo
8. Planning Commission Minutes
LSS DATA SYSTEMS
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
ORDINANCE NO. 11-2013-PUD-4-2013
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING
CERTAIN LAND WITHIN A ZONING DISTRICT,AMENDING THE LEGAL
DESCRIPTIONS OF LAND IN EACH DISTRICT,AND,ADOPTING BY REFERENCE
CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS,
CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. That the land which is the subject of this Ordinance (hereinafter, the
"land") is legally described in Exhibit A attached hereto and made a part hereof.
Section 2. That action was duly initiated proposing that the land be amended within
the Office Zoning District 11-2013-PUD-4-2013 (hereinafter "PUD-4-2013-OFC).
Section 3. The City Council hereby makes the following findings:
A. PUD-4-2013-OFC is not in conflict with the goals of the Comprehensive Guide
Plan of the City.
B. PUD-4-2013-OFC is designed in such a manner to form a desirable and unified
environment within its own boundaries.
C. The exceptions to the standard requirements of Chapters 11 and 12 of the City
Code that are contained in PUD-4-2013-OFC are justified by the design of the
development described as follows:
1. Side yard parking setback from 10 feet to 1 foot at is closest point along
the west property line.
2. Front yard parking setback from 35 feet to 4.7 feet at is closest point along
the north property line.
D. PUD-4-2013-OFC is of sufficient size, composition, and arrangement that its
construction, marketing, and operation is feasible as a complete unit without dependence
upon any subsequent unit.
Section 4. The proposal is hereby adopted and the land shall be, and hereby is
amended within the Office District and shall be included hereafter in the Planned Unit
Development4-2013-OFC, and the legal descriptions of land in each district referred to in City
Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly.
Section 5. City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled
"Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated
verbatim herein.
Section 6. This Ordinance shall become effective from and after its passage and
publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
16th day of July, 2013, and finally read and adopted and ordered published in summary form as
attached hereto at a regular meeting of the City Council of said City on the 16th day of July,
2013.
ATTEST:
Kathleen A. Porta, City Clerk Nancy Tyra-Lukens, Mayor
PUBLISHED in the Eden Prairie News on , 2013.
EXHIBIT A
PUD Legal Description —
Lot 9, Block 1, City W est Addition, City of Eden Prairie, Hennepin
County, State of Minnesota.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2013-
A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT
CONCEPT OF LSS DATA SYSTEMS
WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the
Planned Unit Development (PUD) Concept of certain areas located within the City; and
WHEREAS, the Planning Commission did conduct a public hearing on June 24, 2013,
for LSS Data Systems and considered their request for approval of the PUD Concept plan and
recommended approval of the request to the City Council; and
WHEREAS,the City Council did consider the request on July 16, 2013.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie,
Minnesota, as follows:
1. LSS Data Systems, being in Hennepin County, Minnesota, legally described as
outlined in Exhibit A, is attached hereto and made a part hereof.
2. That the City Council does grant PUD Concept approval as outlined in the plans
stamp dated June 19, 2013.
3. That the PUD Concept meets the recommendations of the Planning Commission.
ADOPTED by the City Council of the City of Eden Prairie this 16th day of July, 2013.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen Porta, City Clerk
EXHIBIT A
PUD Concept - LSS Data Systems
Legal Description:
Lot 9, Block 1, City West Addition, City of Eden Prairie, Hennepin
County, State of Minnesota
STAFF REPORT
TO: Planning Commission
FROM: Julie Klima, Senior Planner
DATE: June 24, 2013
SUBJECT: Parking Lot Reconfiguration
OWNER/ LSS Data Systems
APPLICANT:
LOCATION: 6423 City West Parkway, Eden Prairie
120 DAY REVIEW: Expires September 19, 2013
REQUEST: • Planned Unit Development Concept Review on 1.6 acres
• Planned Unit Development District Review with waivers on 1.6 acres
• Zoning District Amendment in the Office Zoning District on 1.6
acres
• Site Plan Review on 1.6 acres
BACKGROUND
The Comprehensive Guide Plan shows this site as Office. Surrounding land uses are Office,
Neighborhood Commercial, and High Density Residential. The property is zoned Office.
Surrounding land is zoned Office,Neighborhood Commercial, and RM-2.5.
REVISED SITE PLAN
The property was developed in conformance with its approved site plan including required
parking and parking setbacks.
The revised site plan with parking setback waivers is needed to provide right of way for the
road improvement project at Shady Oak Road and City West Parkway.
This roadway improvement includes a roundabout and improved access to the United Health
Group site. The change in right of way removes 4 parking stalls along City West Parkway. The
revised plan replaces those 4 parking stalls within 1 foot of the side lot line.
1
PLANNED UNIT DEVELOPMENT WAIVERS
The project will require the following waivers:
• Side yard parking setback from 10 feet to 1 foot at its closest point on the side lot line.
• Front yard parking setback from 35 feet to 4.7 feet at its closest point along the north
property line.
The granting of the waivers allows the property owner to retain the required parking and the city
and businesses to benefit from road improvements.
STAFF RECOMMENDATION
Recommend approval of the following request:
• Planned Unit Development Concept Review on 1.6 acres
• Planned Unit Development District Review with waivers on 1.6 acres
• Zoning District Amendment in the Office Zoning District on 1.6 acres
• Site Plan Review on 1.6 acres
This approval is based on the attached plans dated June 19, 2013, subject to the
recommendations of this Staff Report, and the following:
1. The following waivers are granted through the PUD based on plans stamped dated June
19, 2013:
• Side yard parking setback from 10 feet to 1 foot at its closest point along the west
property line.
• Front yard parking setback fr om 35 feet to 4.7 feet at its closest point along the
north property line.
2
Area Location Map - LSS Data System
Parking Lot Reconfiguration
Address: 6423 City West Parkway, Eden Prairie, MN 55344
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High Density Residential 10-40 Units/Acre Public/Quasi-Public DATE Revised 02-23-06 DATE Revised 10-01-07
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Office Public Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE
Neighborhood Commercial 1-1 GolfCourse Date:March 1,2009
Community Commercial l I Water In case of discrepancy related to a toning aassnicadon on this zoning map,the Ordinance tIVE•WOBIC•tlfi EI1M
and attached legal description on file at Eden Paine Ciry Center will prevail.
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UNAPPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY,JUNE 24, 2013 7:00 P.M., CITY CENTER
Council Chambers
8080 Mitchell Road
COMMISSION MEMBERS: John Kirk, Jon Stoltz, Katie Lechelt, Jacob Lee,
Travis Wuttke, Steven Frank, Ann Higgins, Mary
Egan
STAFF MEMBERS: Mike Franzen, City Planner
Stu Fox, Manager of Parks and Natural Resources
Rod Rue, City Engineer
Julie Krull, Recording Secretary
I. PLEDGE OF ALLEGIANCE —ROLL CALL
Chair Stoltz called the meeting to order at 7:00 p.m. Wuttke was absent.
II. APPROVAL OF AGENDA
MOTION by Lee, seconded by Lechelt, to approve the agenda. Motion carried 7-0.
III. MINUTES
A. PLANNING COMMISSION MEETING HELD ON JUNE 10, 2013
Egan had an addition on page 3, second paragraph, first sentence, under Variance
#2013-06. She wanted"Trail" added to 17848 Bear Path.
In the same paragraph, third sentence, Higgins stated it should be Emmanuel
Lutheran Church.
MOTION by Frank, seconded by Kirk, to approve the minutes as amended.
Motion carried 7-0.
IV. INFORMATIONAL MEETINGS
V. PUBLIC MEETINGS
VI. PUBLIC HEARINGS
June 24, 2013
Page 2
A. LSS DATA SYSTEMS by LSS Data Systems
Location: 6423 City West Parkway
Request for:
• Planned Unit Development Concept Review on 1.6 acres
• Planned Unit Development District Review with waivers on 1.6 acres
• Zoning District Amendment in the Office Zoning District on 1.6 acres
• Site Plan Review on 1.6 acres
Julie Klima, City of Eden Prairie Senior Planner, presented the proposal. Ms.
Klima stated the revised site plan with the parking setback waivers is needed to
provide the right of way for the road improvement project at Shady Oak Road
and City West Parkway. This improvement would include a roundabout and
improved access to the United Health Group site. Ms. Klima pointed out this
change in right of way removes 4 parking stalls along City West Parkway. The
revised plan replaces those 4 parking stalls withinl foot of the side lot line.
Staff recommends approval of the site waivers.
Chair Stoltz asked Franzen to review the staff report. Franzen stated this was a
fair trade and staff recommends approval.
Chair Stoltz opened the meeting up for public input. There was no input.
MOTION by Kirk, seconded by Lechelt, to close the public hearing. Motion
carried 7-0.
MOTION by Kirk, seconded by Frank, to recommend approval of the Planned
Unit Development Concept Review on 1.6 acres, Planned Unit Development
District Review with waivers on 1.6 acres, Zoning District Amendment in the
Office Zoning District on 1.6 acres, and Site Plan Review on 1.6 acres based on
plans stamped dated June 19, 2013 and the staff report dated June 21, 2013.
Motion carried 7-0.
VII. PLANNERS' REPORT
There was no planners' report.
VIII. MEMBERS' REPORT
A. CITIZEN ADVISORY COMMITTEE—LIGHT RAIL
Lechelt said there will be an open house this Wednesday, June 26, from 4:30 to
7:00 pm. The next meeting will be Thursday evening, June 27.
IX. CONTINUING BUSINESS
June 24, 2013
Page 3
X. NEW BUSINESS
XI. ADJOURNMENT
MOTION by Higgins, seconded by Kirk, to adjourn the meeting. Motion carried
7-0.
There being no further business, the meeting was adjourned at 9:33 p.m.
CITY COUNCIL AGENDA DATE: July 16, 2013
SECTION: Public Hearings
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.B.
Community Popeye's Louisiana Kitchen
Development/Planning
Janet Jeremiah/Julie Klima
Requested Action
Move to:
• Close the Public Hearing; and
• Adopt the Resolution for Planned Unit Deve lopment Concept Am endment on 0.84 acres;
and
• Approve 1st Reading of the Ordinance for Plan ned Unit Development District Review and
Zoning District Am endment within the Commerc ial Regional Services Zoning District on
0.84 acres; and
• Direct Staff to prepare a Developm ent Agreement incorporating Staff and
Commission recommendations and Council conditions.
Synopsis
This is an exterior architectural remodel of an existing building. No building expansion or
changes to the approved site plan are proposed. The remodel meets zoning code requirements.
Background Information
The 120-Day Review Period Expires on October 1, 2013.
Planning Commission Recommendation
The Planning Commission voted 6-0 to recommend approval of the project at the June 24, 2013
meeting.
Attachments
1. Ordinance
2. Resolution-PUD Concept
3. Staff Report
4. Location Map
5. Land Use Map
6. Zoning Map
7. Aerial photo
8. Planning Commission Minutes
POPEYE'S LOUISIANA KITCHEN
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
ORDINANCE NO. -2013-PUD- -2013
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING
CERTAIN LAND WITHIN A ZONING DISTRICT,AMENDING THE LEGAL
DESCRIPTIONS OF LAND IN EACH DISTRICT,AND,ADOPTING BY REFERENCE
CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS,
CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. That the land which is the subject of this Ordinance (hereinafter, the
"land") is legally described in Exhibit A attached hereto and made a part hereof.
Section 2. That action was duly initiated proposing that the land be amended within
the Commercial Regional Service Zoning District_-2013-PUD-_-2013 (hereinafter "PUD-_-
2013- ).
Section 3. The City Council hereby makes the following findings:
A. PUD- -2013- is not in conflict with the goals of the Comprehensive
Guide Plan of the City.
B. PUD-_-2013- is designed in such a manner to form a desirable and
unified environment within its own boundaries.
C. The exceptions to the standard requirements of Chapters 11 and 12 of the City
Code that are contained in PUD-_-2013- are justified by the design of the
development described therein.
D. PUD-_-2013- is of sufficient size, composition, and arrangement that its
construction, marketing, and operation is feasible as a complete unit without dependence
upon any subsequent unit.
Section 4. The land shall be subject to the terms and conditions of that certain
Development Agreement dated as of , 2013, entered into between ,
and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development
Agreement contains the terms and conditions of PUD-_-2013- , and are hereby made a
part hereof.
Section 5. The proposal is hereby adopted and the land shall be, and hereby is
amended within the Commercial Regional Services District and shall be included hereafter in the
Planned Unit Development_-2013- , and the legal descriptions of land in each district
referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended
accordingly.
Section 6. City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled
"Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated
verbatim herein.
Section 7. This Ordinance shall become effective from and after its passage and
publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
16th day of July, 2013, and finally read and adopted and ordered published in summary form as
attached hereto at a regular meeting of the City Council of said City on the 20th day of August,
2013.
ATTEST:
Kathleen A. Porta, City Clerk Nancy Tyra-Lukens, Mayor
PUBLISHED in the Eden Prairie News on , 2013.
EXHIBIT A
PUD Legal Description —
Lot 1, Block 1, Eden Glen 2nd Addition, City of Eden Prairie, Hennepin County, State of
Minnesota
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2013-
A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT
CONCEPT AMENDMENT OF POPEYE'S LOUISIANA KITCHEN
WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the
Planned Unit Development (PUD) Concept of certain areas located within the City; and
WHEREAS, the Planning Commission did conduct a public hearing on June 24, 2013,
for Popeye's Louisiana Kitchen and considered their request for approval of the PUD Concept
Plan Amendment and recommended approval of the request to the City Council; and
WHEREAS,the City Council did consider the request on July 16, 2013.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie,
Minnesota, as follows:
1. Popeye's Louisiana Kitchen, being in Hennepin County, Minnesota, legally
described as outlined in Exhibit A, is attached hereto and made a part hereof
2. That the City Council does grant PUD Concept Plan Amendment approval as
outlined in the plans stamp dated May 30, 2013.
3. That the PUD Concept Plan Amendment meets the recommendations of the
Planning Commission.
ADOPTED by the City Council of the City of Eden Prairie this 16th day of July, 2013.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen Porta, City Clerk
EXHIBIT A
PUD Concept- Popeye's Louisiana Kitchen
Legal Description:
Lot 1, Block 1, Eden Glen 2 nd Addition, City of Eden Prairie,
Hennepin County, State of Minnesota
STAFF REPORT
TO: Planning Commission
FROM: Regina Rojas, Senior Planner
DATE: June 21, 2013
PROJECT: Popeyes Louisiana Kitchen
LOCATION: 7995 Glen Lane
APPLICANT/ Popeyes Louisiana Kitchen
OWNER:
120 DAY REVIEW: October 1, 2013
REQUEST:
1. Planned Unit Development Concept Amendment on 0.84 acres
2. Planned Unit Development District Review 0.84 acres
3. Zoning District Amendment within the Commercial Regional Service
Zoning District on 0.84 acres
4. Site Plan Review on 0.84 acres
BACKGROUND
The site is currently guided Town Center. The site is zoned Commercial Regional Service.
The site is located in Subarea 2 of The Major Center Area Study. Subarea 2 is located south of
Highway 5, east of Prairie Center Drive and west of Flying Cloud Drive. The MCA land use
plan shows this site for Entertainment, Restaurant or Services. The proposed restaurant use is an
appropriate use for Subarea 2.
This site is part of the Eden Glen Planned Unit Development approved in 1981. Exterior building
materials for the approved buildings are required to be dark toned, face brick, copper, or wood
and compatible with the entire PUD.
ARCHITECTURE REVISIONS
This project is for an exterior architectural remodel only. No building expansion is proposed. No
changes to the approved site plan are proposed.
There are two architectural changes:
1. Change in roof line.
Staff Report—Popeyes Louisiana Kitchen
June 21, 2013
Page 2
2. Change in exterior materials.
The building revisions meet the exterior building material requirements of the city code.
The building revisions conform to the approved architectural design guidelines of the Eden Glen
PUD.
The building revisions conform to site and architectural review criteria of the city code related to
compatibility of materials, colors, textures and construction details with other structures and uses
in the area. The plan as proposed meets these criteria.
SITE PLAN
The site plan shows an existing 2,207 sq. ft. restaurant.
The base area/floor area ratio is 0.06. City code permits up to a 0.20 base area and a .40 floor
area ratio.
The building meets the required setbacks.
A total of 19 parking spaces are proposed. This meets city code.
SIGNS
The proposed signs meet city code requirements.
STAFF RECOMMENDATIONS
Recommend approval of the following request:
• Planned Unit Development Concept Amendment on 0.84 acres
• Planned Unit Development District Review 0.84 acres
• Zoning District Amendment within the Commercial Regional Service Zoning District on
0.84 acres
• Site Plan Review on 0.84 acres
This is based on plans stamp dated May 30, 2013, and the following conditions:
1. Prior to building permit issuance for the property, the proponent shall:
A. Submit detailed building plans to the Building Inspections Department and Fire
Marshal for their review and approval.
Area Location Map - Popeyes
Address: 7995 Glen Lane
Eden Prairie, Minnesota 55344
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Low Density/Public/Open Space - Regional Commercial -Principal Arterial
—A Minor Arterial
Medium Density residential 2.5-10 Units/Acre ®Town Center '•i . $ +;. ,i
—B Minor Arterial DATE Approved 03-19-03 DATE Revised 12-06-06
r---1 Medium Density Residential/Office - Park/Open Space —Major Collector DATE Revised 01-07-05 DATE Revised 03-01-07
DATE Revised 11-07-05 DATE Revised 06-01-07 E a E N
High Density Residential 10-40 Units/Acre Public/Quasi-Public DATE Revised 02-23-06 DATE Revised 10-01-07
Minor Collector DATE Revised 03-23-06 DATE Revised 03-01-08
Airport Golf Course DATE Revised 06-23-06 DATE Revised 03-01-09
Office - Church/Cemetary PRAIRIE
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Zoning Map
Popeyes
7995 Glen Lane, Eden Prairie MN
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R1-44 One Family-44,000 sf.min. -TC-C I NE I Natural Environment Waters
R1-22 One Family-22,000 sf min. -TC-R I RD I Recreational Development Waters
R1-13.5 One Family-13,500 sf min. -TC-MU I GD I General Development Waters(Creeks Only) 1 1 ,f. t
R1-9.5 One Family-9,500 sf min. 1.1 Industrial Park-2Acre Min, ® 100- Year Floodplain
RM-6.5 Multi-Family-6.7 U.P.A.max. IMMl Industrial Park-5Acre Min.
-RM-2.5 Multi-Family-17.4 U.P.A.max.-General Industrial-5 Acre Min. Up dated through approved Ordinances#26-2008 EDEN
Office Public Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE
Neighborhood Commercial 1-1 GolfCourse Date:March 1,2009
Community Commercial l I Water In case of discrepancy related to a toning aassnicadon on this zoning map.the Ordinance IIVE•WOBK•DH EAM
and attached legal description on file at Eden Paine Ciry Center will prevail.
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Aerial Map
Popeyes Louisiana Kitchen
7995 Glen Lane, Eden Prairie, MN
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UNAPPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY,JUNE 24, 2013 7:00 P.M., CITY CENTER
Council Chambers
8080 Mitchell Road
COMMISSION MEMBERS: John Kirk, Jon Stoltz, Katie Lechelt, Jacob Lee,
Travis Wuttke, Steven Frank, Ann Higgins, Mary
Egan
STAFF MEMBERS: Mike Franzen, City Planner
Stu Fox, Manager of Parks and Natural Resources
Rod Rue, City Engineer
Julie Krull, Recording Secretary
I. PLEDGE OF ALLEGIANCE —ROLL CALL
Chair Stoltz called the meeting to order at 7:00 p.m. Wuttke was absent.
II. APPROVAL OF AGENDA
MOTION by Lee, seconded by Lechelt, to approve the agenda. Motion carried 7-0.
III. MINUTES
A. PLANNING COMMISSION MEETING HELD ON JUNE 10, 2013
Egan had an addition on page 3, second paragraph, first sentence, under Variance
#2013-06. She wanted"Trail" added to 17848 Bear Path.
In the same paragraph, third sentence, Higgins stated it should be Emmanuel
Lutheran Church.
MOTION by Frank, seconded by Kirk, to approve the minutes as amended.
Motion carried 7-0.
IV. INFORMATIONAL MEETINGS
V. PUBLIC MEETINGS
VI. PUBLIC HEARINGS
June 24, 2013
Page 2
A. POPEYE'S LOUISIANA KITCHEN by AFC Enterprise, Inc.
Location: 7995 Glen Road
Request for:
• Planned Unit Development District Review on .84 acres
• Zoning District Amendment within the Commercial Regional Service
Zoning District on .84 acres
• Site Plan Review on .84 acres
Dan Hendrickson, of 607 Dewey Road, Grand Rapids, Michigan, and architect
for the project, presented the proposal. He stated the footprint of the building
will not change but they would like to remodel the outside of the building to
represent the identity of Popeye's Louisiana Kitchen. They will be changing the
exterior of the building to a combination of a stone veneer and brick exterior on
a parapet style building. Mr. Hendrickson pointed out the revisions would meet
City Code guidelines for exterior building materials. He utilized the overhead
projector to show the exterior design of the building.
Chair Stoltz asked Franzen to review the staff report. Franzen said it is an
exterior model that conforms to City requirements and staff recommendation is
for approval.
Chair Stoltz opened the meeting up for public input. There was no input.
MOTION by Lechelt, seconded by Lee, to close the public hearing. Motion
carried 7-0.
MOTION by Lechelt, seconded by Frank, to recommend approval of the
Planned Unit Development District Review on .84 acres, Zoning District
Amendment within the Commercial Regional Service Zoning District on .84
acres, and Site Plan Review on .84 acres based on plans stamped dated May 30,
2013 and the staff report dated June 21, 2013. Motion carried 7-0.
VII. PLANNERS' REPORT
There was no planners' report.
VIII. MEMBERS' REPORT
A. CITIZEN ADVISORY COMMITTEE—LIGHT RAIL
Lechelt said there will be an open house this Wednesday, June 26, from 4:30 to
7:00 pm. The next meeting will be Thursday evening, June 27.
IX. CONTINUING BUSINESS
June 24, 2013
Page 3
X. NEW BUSINESS
XI. ADJOURNMENT
MOTION by Higgins, seconded by Kirk, to adjourn the meeting. Motion carried
7-0.
There being no further business, the meeting was adjourned at 9:33 p.m.
CITY COUNCIL AGENDA DATE: July 16, 2013
SECTION: Public Hearings
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.C.
Community Reeder Ridge
Development/Planning
Janet Jeremiah/Julie Klima
Requested Action
Move to:
• Close the Public Hearing; and
• Adopt the Resolution for Planned Unit Development Concept Review on 78.56 acres; and
• Approve 1st Reading of the Ordinance for Pla nned Unit Development District Review with
waivers, and Zoning District Change from Rural to R1-13.5 Zoning District on 78.56 acres;
and
• Adopt the Resolution for Preliminary Plat on 78.56 acres into 104 lots, 4 outlots and road right-
of-way; and
• Direct Staff to p repare a Develop ment Agreement incorporating Staff and Commission
recommendations and Council conditions.
Background Information
This project is the subdivision of 78.56 acres into 104 lots and 4 outlots.
The preliminary plat shows 104 single-family lots at a gross density of 0.76 units per acre. The
net density is 2.18 units per acre. The lot sizes range from 13,500 sq. ft. to 74,264 sq. ft.
The proposed lots meet the lot size and setback requirements. Waivers are requested for street
frontage and cul-de-sac length. These waivers are justified by the dedication of the conservation
easement areas over the wetlands and burial mounds and the dedication of Outlot C to protect
trees and vegetation along the bluff.
The preliminary plat shows four outlots. Outlot A will be privately owned by the homeowners
association. Outlot B is being reserved for possible future right of way for the realignment of
Eden Prairie Road. Outlot C is proposed to be dedicated to the City to protect the bluff. Outlot
D is a conservation easement for the protection of a wetland buffer and proposed to be dedicated
to the City
The 120-Day Review Period Expires on October 15, 2013.
Planning Commission Recommendation
The Planning Commission voted 5-2 to recommend approval of the project at the June 24, 2013
meeting. The Planning Commission noted several items to be addressed as follows:
1. Item 2C should read, RESERVE Outlot B for the future Eden Prairie Road
alignment.
a. Prior to second reading, the developer(working with City staff) shall finalize the
shape and size of Outlot B to conform to the best available information for the
extension of Eden Prairie Road to CSAH 61 (Flying Cloud Drive).
b. Prior to second reading, additional minor right-of-way dedication may be needed
along CSAH 61 to conform to Hennepin County's roadway design.
2. Provide plan changes for road design to be submitted by July 5, 2013.
a. Prior to second reading, developer shall submit revised plans (and preliminary
plat if required)to meet minimum stopping sight distance of 200 feet for 30 mph
within the right-of-way for Wuttke Crossing and for 25 mph within the right-of-
way for Reeder Ridge. Plan changes submitted by July 5t created lesser sight
lines within the right-of-way along Wuttke Crossing than the original submittal.
b. Prior to second reading, developer shall submit revised plans showing Reeder
Ridge street construction extended to the property line.
3. The cul-de-sac centers are to be used as storm water abatement features.
a. Prior to the issuance of the grading plan, the developer shall provide details
showing storm water abatement features.
4. Provide phased grading plans to the City by July 5, 2013.
a. This plan has been submitted.
5. Provide a boundary fence on the west edge of the property behind Lots 25-29.
a. This item will be a condition in the Development Agreement. This was a request
made by the Peterson property at the Planning Commission meeting. The
developer agreed to this request.
6. Provide street and utility extensions to the Peterson property.
a. Prior to second reading, developer shall submit revised plans showing Reeder
Ridge street and utility construction to the property line.
Attachments
1. Ordinance
2. Resolution PUD Concept
3. Resolution Preliminary Plat
4. Staff Report
5. DRC Memo 5-30-13
6. DRC Memo 6-20-13
7. Location Map
8. Land Use Map
9. Zoning Map
10. Aerial photo
11. Unapproved Planning Commission Minutes 6-24-13
REEDER RIDGE
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
ORDINANCE NO. _-2013-PUD-_-2013
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA, REMOVING
CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER,
AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND,
ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99
WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. That the land which is the subject of this Ordinance (hereinafter, the
"land") is legally described in Exhibit A attached hereto and made a part hereof
Section 2. That action was duly initiated proposing that the land be removed from the
Rural Zoning District and be placed in the R1-13.5 Zoning District_-2013-PUD-_-2013
(hereinafter "PUD- -2013- ").
Section 3. The land shall be subject to the terms and conditions of that certain
Development Agreement dated as of , 2013 entered into between Pulte Homes
and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development
Agreement contains the terms and conditions of PUD- -2013- , and are hereby made a
part hereof
Section 4. The City Council hereby makes the following findings:
A. PUD- -2013- is not in conflict with the goals of the Comprehensive
Guide Plan of the City.
B. PUD- -2013- is designed in such a manner to form a desirable and
unified environment within its own boundaries.
C. The exceptions to the standard requirements of Chapters 11 and 12 of the City
Code that are contained in PUD- -2013- are justified by the design of
the development described therein.
D. PUD- -2013- is of sufficient size, composition, and arrangement that
its construction, marketing, and operation are feasible as a complete unit without
dependence upon any subsequent unit.
Section 5. The proposal is hereby adopted and the land shall be, and hereby is
removed from the Rural Zoning District, and placed in the R1-13.5 Zoning District and shall be
included hereafter in the Planned Unit Development PUD-_-2013- and the legal
descriptions of land in each district referred to in City Code Section 11.03, subdivision 1,
subparagraph B, shall be and are amended accordingly.
Section 6. City Code Chapter 1 entitled"General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled
"Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated
verbatim herein.
Section 7. This Ordinance shall become effective from and after its passage and
publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
16th day of July, 2013, and finally read and adopted and ordered published in summary form as
attached hereto at a regular meeting of the City Council of said City on the 20th day of August,
2013.
ATTEST:
Kathleen A. Porta, City Clerk Nancy Tyra-Lukens, Mayor
PUBLISHED in the Eden Prairie News on , 2013.
EXHIBIT A
Legal Description:
The East H alf of the Southeas t Quarter of the Southwest Quarter, an d the W est Half of the
Southwest Quarter of the Southeast Quarte r, all in Section 29, Township 116, Range 22,
Hennepin County, Minnesota; and
Together with all rights of ingress and egres s to th e aforesaid property over that p art of
Government Lot 7 in Section 32, Township 116, Range 22, Hennepin County, Minnesota, lying
North of Highway 169-212, as presently established;
AND
That part of the East H alf of the S outhwest Quarter of the Southeast Quarter of Section 29,
Township 116 North, Range 22 West of the Fifth Principal Meridian, de scribed as follows:
Beginning at the Southwest corner of said East Half of the Sout hwest Quarter of the Southeast
Quarter; thence North along the We st line of said East Half of the Southwest Quarter of the
Southeast Quarter to a point distan t 648 feet South of the Northwest corner of said East Half of
the Southwest Quarter of the Southeast Quarter; thence East parallel with the North line of said
East Half of the Southwest Quarter of the S outheast Quarter, a dist ance of 200.04 feet; thence
Southeasterly deflecting to the right 68degrees 10 m inutes to the center line of Eden Heights
Road; thence Southerly along said center line to the South line of said East Half of the Southwest
Quarter of the Southeast Quarter; thence W est along said South line to the point of beginning,
according to the United States Governm ent Survey thereof and situate in Hennepin County,
Minnesota;
AND
South 400 feet of the N orthwest Quarter of the South east Quarter of Section 29, Township 116,
Range 22, Hennepin County, Minnesota, said 400 feet being measured at right angles for m the
South line of said Northwest Quarter of the Southeast Quarter;
And excepting therefrom the following tract of land: Commencing at the Northeast corner of the
said above described tract, which corner is the beginning of the tract to be described, thence
Westerly 288.8 feet on the North li ne of said above described tr act to a point therein, thence
South to a point which is 200 feet South when m easured at right angles to the South line of the
above described tract from said North line and which point is 288.8 feet West of the East line of
the above described tract, thence E ast and parallel with the South line of the above described
tract to a point in the East line of the above described tr act, thence North on said East line 200
feet more or less to the point of beginning;
AND
That part of the South 400 feet of the Northwest Quarter of the Southeast Quarter of Section 29,
Township 116, Range 22, Hennepin County, Minnesota , said 400 feet being m easured at right
angles from the Southline of said Northwest Qu arter of the Southeas t Quarter, d escribed as
follows: Commencing at the Northeast corner of the said above described tract, which corner is
the point of beginning of the tr act to be described, thence West erly 288.8 feet on the North line
of said above described tract to a point therein, thence South to a point which is 200 feet South
when measured at right angles to the South line of the above described tract from said North line
and which point is 288.8 feet West of the East line of the above described tract, thence East and
parallel with the South line of the above described tract to a point in the East line of the above
described tract, thence North on sa id East line 200 feet m ore or less to the point of beginning,
Hennepin County, Minnesota;
AND
The South 2 rods of the East 42 rods of the Northeast Quarte r of the Southwest Quarter of
Section 29, Township 116, Range 22, according to the US Governm ent Survey, thereof, Except
that part thereof heretofore conveyed to R oger C. Johnson and Jean M. Johnson, husband and
wife, by Limited Warranty Deed dated 5-13- 1986, filed 6-23-1986, as Document No. 5122488;
namely, that part of the North 1 rod thereof lying Easterly of the extension Southwesterly of the
Westerly lot line of Lot 2, Block 2, Cedar Hills West, according to the map or plat thereof on file
and of record in the Office of the Recorder in and fort he County of Hennepi n, State of
Minnesota;
AND
Lot 2, 3, and 4, Block 2, Cedar Hills W est, according to the reco rded plat thereof, Hennepin
County, Minnesota;
AND
That part of the North one rod of the South two rods of the East 42 rods of the Northeast Quarter
of the Southwest Quarter of Section 29, To wnship 116, Range 22, according to the US
Government Survey the reof, lying Easterly of the ex tension Southwesterly of the W esterly
lotline of Lot 2, Block 2, Cedar Hills W est, according to the m ap or plat thereof, Hennepin
County, Minnesota;
AND
The North 486 feet of the East Half of the Southwest Quarter of the Southeast Quarter of Section
29, Township 116, Range 22, Hennepin County, Minnesota.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2013-
A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT
CONCEPT OF REEDER RIDGE BY PULTE HOMES
WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the
Planned Unit Development (PUD) Concept of certain areas located within the City; and
WHEREAS, the Planning Commission did conduct a public hearing on June 24, 2013,
on Reeder Ridge by Pulte Homes and considered their request for approval of the PUD Concept
plan and recommended approval of the request to the City Council; and
WHEREAS,the City Council did consider the request on July 16, 2013.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie,
Minnesota, as follows:
1. Reeder Ridge,being in Hennepin County, Minnesota, legally described as
outlined in Exhibit A, is attached hereto and made a part hereof.
2. That the City Council does grant PUD Concept approval as outlined in the plans
stamp dated July 9, 2013.
3. That the PUD Concept meets the recommendations of the Planning Commission
June 24, 2013.
ADOPTED by the City Council of the City of Eden Prairie this 16th day of July, 2013
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen Porta, City Clerk
EXHIBIT A
PUD Concept- Reeder Ridge
Legal Description:
The East Half of the Southeast Quarter of the Southwest Quarter, and the W est Half of the
Southwest Quarter of the Southeast Quarter,all in Section 29, Township 116, Range 22, Hennepin
County, Minnesota; and
Together with all rights of ingress and egress to th aforesaid property over that part of Government
Lot 7 in Section 32, Township 116, Range 22, He nnepin County, Minnesota, lying North of
Highway 169-212, as presently established;
AND
That part of the East Half of the Southwest Quarter of the Southeast Quarter of Section 29,
Township 116 North, Range 22 W est of the Fifth Principal Meridian, described as follows:
Beginning at the Southwest corner of said East Half of the Southwest Quarter of the Southeast
Quarter; thence North along the W est line of said East Half of the Southwest Quarter of the
Southeast Quarter to a point distant 648 feet South ofthe Northwest corner of said East Half of the
Southwest Quarter of the Southeast Quarter; thence East parallel with the North line of said East
Half of the Southwest Quarter of the South east Quarter, a distance of 200.04 feet; thence
Southeasterly deflecting to the right 68degrees 10 ninutes to the center line of Eden Heights Road;
thence Southerly along said center line to the South lire of said East Half ofthe Southwest Quarter
of the Southeast Quarter; thence West along said South line to the point of beginning, according to
the United States Government Survey thereof and situate in Hennepin County, Minnesota;
AND
South 400 feet of the Northwest Quarter of the Southeast Quarter of Section 29, Township 116,
Range 22, Hennepin County, Minnesota, said 400 feet bang measured at right angles form the South
line of said Northwest Quarter of the Southeast Quarter;
And excepting therefrom the following tract of land: Commencing at the Northeast corner of the
said above described tract, which corner is the beginning of the tract to be described, thence
Westerly 288.8 feet on the North lineof said above described tract to a point therein, thence South to
a point which is 200 feet South when m easured at right angles to the South line of the above
described tract from said North line and which pointis 288.8 feet West of the East line of the above
described tract, thence East and parallel with the Soiih line of the above descrbed tract to a point in
the East line of the above described tract, thence Nwth on said East line 200 feet nvre or less to the
point of beginning;
AND
That part of the South 400 feet of the Northwest Quarter of the Southeast Quarter of Section 29,
Township 116, Range 22, Hennepin County, Minnesota, sid 400 feet being nmasured at right angles
from the Southline of said Northwest Quarter of the Southeast Quarter, described as f ollows:
Commencing at the Northeast corner of the said iDove described tract, which corner is the point of
beginning of the tract to be described, thence Westerly 288.8 feet on the North line of said above
described tract to a point therein, thence South toa point which is 200 feet South when nnasured at
right angles to the South line of the above described tract from said North line and which point is
288.8 feet West of the East line ofthe above described tract, thence East and parallel with the South
line of the above described tract toa point in the East line of the above described tract, thence North
on said East line 200 feet more or less to the point of beginning, Hennepin County, Minnesota;
AND
The South 2 rods of the East 42 rods of the Northeast Quarter of the Southwest Quarter of Section
29, Township 116, Range 22, according to the US Gove rnment Survey, thereof, Except that part
thereof heretofore conveyed to Roger C. J ohnson and Jean M. Johnson, husband and wife, by
Limited Warranty Deed dated 5-13-1986, filed 623-1986,as Document No.5122488; namely,that
part of the North 1 rod thereof lying Easterly ofhe extension Southwesterly of the Westerly lot line
of Lot 2, Block 2, Cedar Hills Vest,according to the imp or plat thereof on file and of record in the
Office of the Recorder in and for the County of Hennepin, State of Minnesota;
AND
Lot 2, 3, and 4, Block 2, Cedar Hills Wst,according to the recorded plat thereof Hennepin County,
Minnesota;
AND
That part of the North one rod of the South two rods. f the East 42 rods ofthe Northeast Quarter of
the Southwest Quarter of Section 29, Township 116, Range 22, according to the US Government
Survey thereof, lying Easterly ofthe extension Southwesterly ofthe Westerly lotline of Lot 2, Block
2, Cedar Hills West, according to the map or plat thereof, Hennepin County, Minnesota;
AND
The North 486 feet of the East Half of the Southest Quarter ofthe Southeast Quarter ofSection 29,
Township 116, Range 22, Hennepin County, Minnesota.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2013-
RESOLUTION APPROVING THE PRELIMINARY PLAT
OF REEDER RIDGE FOR PULTE HOMES
BE IT RESOLVED,by the Eden Prairie City Council as follows:
That the preliminary plat of Reeder Ridge for Pulte Homes stamp dated July 9, 2013, and
consisting of 78.56 acres into 104 lots and 4 outlots, a copy of which is on file at the City Hall, is
found to be in conformance with the provisions of the Eden Prairie Zoning and Platting
ordinances, and amendments thereto, and is herein approved.
ADOPTED by the Eden Prairie City Council on the 16th day of July, 2013.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen Porta, City Clerk
STAFF REPORT
TO: Planning Commission
FROM: Regina Rojas, Senior Planner
DATE: June 21, 2013
SUBJECT: Reeder Ridge
APPLICANT: Pulte Homes of Minnesota, LLC
OWNERS: The Pemtom Land Company
Loren Reeder Wuttke and Norma Jean Wuttke as Trustees of the Loren
Reeder Wuttke Revocable Trust
William John McNeely Sr.
Jack M. Provo and Joyce D. Provo
Roger and Jean Johnson
LOCATION: South of Beverly Drive, West of Eden Prairie Road, and North of Flying
Cloud Drive
120 DAY REVIEW: October 15, 2013
REQUEST: • Planned Unit Development Concept Review on78.56 acres
• Planned Unit Development District Review with waivers on
78.56 acres
• Zoning District Change from Rural to R1-13.5 on 78.56 acres
• Preliminary Plat of 78.56 acres into 104 lots, three outlots, and
road right of way
BACKGROUND
The Comprehensive Guide Plan shows the site and surrounding property as Low Density
Residential for up to 2.5 units per acre.
The site is zoned Rural. Surrounding properties are zoned Rural and R1-13.5.
PRELIMINARY PLAT
This project is the subdivision of 78.56 acres into 104 lots and 3 outlots.
The preliminary plat shows 104 single-family lots at a gross density of 0.76 units per acre. The
net density is 2.18 units per acre. The lot sizes range from 13,500 sq. ft. to 73,608 sq. ft.
The proposed lots meet the lot size and setback requirements. Waivers are requested for street
frontage and cul de sac length.
Staff Report—Reeder Ridge
June 21, 2013
Page 2
The preliminary plat shows three Outlots - Outlots A, B and C covering the lower portions of the
property. Outlot A will be privately owned by the homeowners association. Outlot B is being
reserved for possible future right of way for the realignment of Eden Prairie Road. Outlot C
should be dedicated to the City to protect the bluff.
The conservation easements for the wetland and wetland buffers must be placed within an outlot.
This outlot should be dedicated to the city.
PURPOSE OF A PLANNED UNIT DEVELOPMENT AND WAIVERS
The purpose of a Planned Unit Development is to: (1) Encourage a more creative and efficient
approach to the use of land in the City; (2) Allow variety in the types of environment available to
the people of the City; (3) Encourage more efficient allocation and maintenance of privately
controlled common open space through the distribution of overall density of population and
intensity of land use where such arrangement is desirable and feasible; and, (4) Provide the
means for greater creativity and flexibility in environmental design than is provided under the
strict application of the provisions of this Chapter and Chapter 12 (relating to subdivisions) of
this Code while at the same time preserving the health, safety, order, convenience, prosperity,
and general welfare of the City and its inhabitants.
Historically, planned unit development waivers have been used to result in a plan that benefits
the City. In the 70's the City used PUD waivers as a means to protect environmental features
such as wetlands, lakes, creeks, steep slopes, flood plain, and trees. In the 80's and 90's the City
adopted a Shoreland Ordinance, Steep Slope Ordinance, Floodplain Ordinance, Tree Ordinance
and Wetland Ordinance to protect these features.
In the 90's and 2000's the City used PUD waivers to create senior affordable housing, eliminate
incompatible land uses, create affordable housing, and to develop the Town Center.
PUD WAIVERS
The project currently requires the following Planned Unit Development(PUD)waivers from the
City code:
• Lot frontage less than 85 feet at the right of way line and 55 feet on cul-de-sac radius for
31 lots.
o Lots 1, 2, 6, 12-15, 23-25, 27 and 28, Block 1
o Lots 4-6, 8-9, Block 2
o Lots 4, 9-12, 17-18, 27-30, 32-33, Block 3
• Cul de sac length for Reeder Ridge from 500 feet to 700 feet.
The granting of the waivers allows for the site to be preserved for dedication of Outlot B to the
City for th e future Ed en Prairie Road align ment, dedication of Outlot C to the City f or
preservation of steep slopes and open space, and dedication of outlots for wetland preservation.
Staff Report—Reeder Ridge
June 21, 2013
Page 3
HISTORIC, CULTURAL,AND ARCHAEOLOGICAL RESOURCES
Burial mounds have been identified on the property known as the Kempton Mound Site
(21 HE20). The authentication letter from the State Archaeologist determined that a portion of
the site is still a burial ground.
The Heritage Preservation Commission reviewed the State Archaeologists final recommendation
at their June 17, 2013 meeting. The Commission recommended that that the property and
mounds be fenced and monitored throughout the construction process and that workers be aware
of the archaeological sensitivity of the site and inform authorities of any unusual findings.
A conservation easement is proposed over the authenticated burial mounds. A 20 foot buffer is
proposed according to the State Archaeologists recommendation. Conservation markers should
be spaced every 25 feet along the easement areas.
GRADING
The plan includes a grading plan for the entire site,but needs a phase one and phase two plan.
This is important since drainage patterns may impact wetlands and existing homes in phase 2.
TREE REPLACEMENT
There are 23,766 diameter inches of significant trees on the property. Tree loss is 8,046 diameter
inches, or 34%. The required tree replacement is 3,628 inches. The plan meets this requirement.
Tree replacement plantings within the sight lines should be moved to an alternate location on the
plan.
ROADWAY DESIGN AND SAFETY
The vertical design of the public streets must be revised to meet 30 mph design requirements.
The design for the horizontal curvature for the public internal streets should be revised such that
all sight lines required fall within the public right of way and do not extend into the easement
areas located within the private lots. All right of way within the sight lines areas must remain
clear of all tree replacement, landscaping,plantings and obstructions.
Outlot B should be reserved for future right of way for the realignment of Eden Prairie Road.
Outlot B will need to be modified to meet the design needs of the Eden Prairie Road connection
as identified by the preliminary layouts prepared for the City by SEH (see attached conceptual
drawings).
SPECIAL ASSESSMENTS
A special assessment agreement is required for the proposed improvements to Eden Prairie Road.
Staff Report—Reeder Ridge
June 21, 2013
Page 4
UTILITIES
City sewer and water will need to be extended to this site by the developer. Watermain should
be added within the revised street stub off of Reeder Ridge serve the property to the west.
WATER QUALITY
The proposed plan provides the required stormwater ponding, including the use of infiltration
basins such as rainwater gardens within the development.
SIDEWALKS AND TRAILS
The plan provides the required trails and sidewalks.
FLYING CLOUD AIRPORT
The project is adjacent to Flying Cloud Airport. Due to the projected 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. In addition,
each home will need to be designed and constructed to provide for an interior noise reduction to
45 dBA based on the Metropolitan Council's Builder Guide. This is similar to Hennepin Village
and The Ridge at Riley Creek developments.
SUMMARY OF PLAN CHANGES
1. Road Design
The design for the horizontal curvature for the public internal streets should be revised
such that all sight lines required fall within the public right of way and do not extend into
the easement areas located within the private lots. All right of way within the sight lines
areas must remain clear of all tree replacement, landscaping, plantings and obstructions.
Revise the plan according to the Reeder Ridge-Stub Street attachment showing a future
street connection to the property to the west.
2. Grading and site balance
The plan includes a grading plan for the entire site,but needs a phase one and phase two
plan. This is important since drainage patterns may impact wetlands and existing homes
in phase 2.
3. Wetland buffers
A 40 foot wetland buffer is required for Wetland 29-31-A (Wetland 1). This information
is needed to know if home pads and grading need to be adjusted to stay out of the buffer.
An outlot with a conservation easement should cover the wetland.
To allow for adequate time to revise plans and for staff review of the revised plans, the project
should be continued to the July 22, 2013 Planning Commission meeting.
Staff Report—Reeder Ridge
June 21, 2013
Page 5
STAFF RECOMMENDATION
ALTERNATIVE ONE
Recommend approval of the following request:
1. Planned Unit Development Concept Review on78.56 acres
2. Planned Unit Development District Review with waivers on 78.56 acres
3. Zoning District Change from Rural to R1-13.5 on 78.56 acres
4. Preliminary Plat of 78.56 acres into 104 lots, three outlots, and road right of way
This is based on plans stamp dated June 10, 2013 and June 19, 2013, the Staff Report dated June
21, 2013 and the following conditions:
1. Prior to City Council, the proponent shall:
A. Revise the plans according to the requested changes as outlined in the attached
engineering memorandum dated May 30, 2013 and June 20, 2013.
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.
C. Dedicate Outlot B for the future Eden Prairie Road alignment.
D. Dedicate Outlot C to the City for preservation of steep slopes and open space.
E. Dedicate Outlot to the City over the wetland buffer for revised Lot 29- 30, Block 3
3. Prior to grading permit issuance, the proponent shall:
A. Submit a tree replacement bond, letter of credit, or escrow surety equivalent to 150%
of the cost of the landscaping.
B. Notify the City and Watershed Districts 48 hours in advance of grading.
C. Install erosion control, tree protection, and burial mound protection fencing at the
grading limits of the property for review and approval by the City.
4. Prior to building permit issuance for the property, the proponent shall:
A. Provide building documentation to the Building Official verifying that the houses will
meet an interior noise reduction to 45 dBA according to the Metropolitan Council's
Builders Guide.
B. Pay the appropriate cash park fees.
5. The following waivers are granted through the PUD for the project as indicated in the
approved plans:
Staff Report—Reeder Ridge
June 21, 2013
Page 6
• Lot frontage less than 85 feet at the right of way line and 55 feet on cul-de-sac radius.
o Lots 1, 2, 6, 12-15, 23-25, 27 and 28, Block 1
o Lots 4-6, 8-9, Block 2
o Lots 4, 9-12, 17-18, 27-30, 32-33, Block 3
• Cul-de-sac length less than 500 feet for Reeder Ridge
6. This development will need to participate in improvements to Eden Prairie Road and will
require a Special Assessment agreement.
ALTERNATIVE TWO
Recommend a continuance to July 22, 2013 Planning Commission meeting with direction
to revise the plan according to the recommendations of the staff report and the
engineering memos dated May 30, 2013 and June 20, 2013.
Staff recommends Alternative Two.
MEMORANDUM
To: Development Review Committee E D E N
From: Engineering Division PRAIRIE
Date: May 30, 2013 uVE•WOAK•PRE6`1
Subject: Reeder Ridge
The following are preliminary comments by the Engineering Division in review of a developm ent
proposal for Reeder Ridge located west of Eden Praiie Road and south ofBeverly Drive.The plan was
prepared by Alliant Engineering, Inc. for Pulte Homes and is dated"received"May 17, 2013.
The following items were incomplete at the time of this submittal:
1. Wetland Buffer evaluation/Wetland Delineation Review
2. Archeological report regarding Indian mounds
Detailed comments regarding the plans at this time include:
PLAT
Outlot A should be dedicated to the City. A portion of the Outlot may be utilized as public right of
way for reconstruction of the connection of Eden Prairie Road to Flying Cloud Drive. The final
alignment for the Eden Prairie Road connection is unknown at this time.
Hennepin County will be reviewing the preliminary plat; comments received from Hennepin
County will be forwarded upon receipt and should be incorporated into the plans.
The right of way for the cul-de-sacs should be revised to 100' diameter in conformance with
Standard Plate R-14.
The right of way of Wuttke Crossing adjacent to Eden Prairie Road should be reduced to 60' due to
the elimination of the median.
The right of way at street intersections should be squared up or sight triangles provided.
The easement lines and shading on the preliminary plat do not match up in all locations.
The Developer shall grant to the City at no cost temporary construction easements adjacent to Eden
Prairie Road for the construction of Eden Prairie Road. The proposed landscaping within these areas
should be delayed until after Eden Prairie Road has been constructed.
SPECIAL ASSESSMENTS
This property is subject to trunk sewer and watermin assessments. Based on the preliminary plat dated
5/12/13 the trunk assessm ents will be based on an assessable acreage of 57.29 acres and the 2013
assessment rate of$7078/acre for a total of$405,357.06. A special assessm ent agreement will be
required.
A special assessment agreement will also be required regarding the proposed improvements to Eden
Prairie Road. The assessments will be consistent with the preliminary assessment roll (attached)for all
parcels within the scope of this project.
The developer shall be credited for the oversizing of the watermain in Beverly Drive from an 8"to a
12". The credit will be determined based on actual construction costs.
GRADING AND DRAINAGE
It is anticipated that the new stormwater permit requirements from the MPCA will go into effect on
or before August 1. Please provide a summary of how the projects' stormwater improvement plans
meet the new permit requirements.
The Riley-Purgatory-Bluff Creek Watershed District is in the process of developing stormwater
treatment rules and currently recommends using the Nine Mile Creek Watershed District standards
for stormwater treatment and infiltration until such time as they are completed. Please contact the
District if you have any questions. The Lower Minnesota River Watershed District should be
contacted regarding stormwater treatment requirements within their District boundaries.
Grading adjacent to Eden Prairie Road should be coordinated with the proposed Eden Prairie Road
plans. The grading plan must accommodate the proposed Eden Prairie Road profile.
The site, including the bluff areas, should be evaluated regarding active areas of erosion. Any areas
that are experiencing active erosion should be repaired according to recommendations by a
geotechnical engineer and incorporated into the project grading scope.
Pond 1 located in the northwest corner of the proposed project utilizes a portion of the adjacent
privately owned property for 100 year storage—there are no easements in place for this purpose.
While the back-to-back 100 year flood analysis does not overtop the overland emergency overflow
elevation it is City policy to provide a piped outlet for all water bodies and not leave them
landlocked. A piped outlet should be incorporated into the project. Options for this outlet should
be discussed between the Engineering Division and project engineer for possible solutions. A
gravity discharge to the creek north of Beverly Drive should be explored.
Pond 2 located in the southeast corner of the project adjacent to Eden Prairie Road discharges into
the right of way along the west side of Eden Prairie Road with approximately 6 cfs. This is not
acceptable and must be revised. It may be possible to discharge into the proposed storm sewer
system that will be constructed with the Eden Prairie Road project; however pipe capacities, etc.
will need to be coordinated.
Pond 2 must maintain a minimum of 2' of freeboard between the HWL and overland emergency
overflow. The retaining wall adjacent to Pond 2 must have the base of the wall above the HWL.
How does the grading of the site balance? Will the entire project be mass graded or graded in the
phases as indicated in the project narrative? If the grading is staged, an interim grading plan
showing phased grading will be required.
The existing driveway (within Outlot A) from the home on the Wuttke Parcel 1 should be removed
and restored to native habitat to discourage vehicle encroachment within this area.
All retaining walls are to be privately owned and maintained. The base of all retaining walls must
be at least 2' outside of public right of ways. All retaining walls over 4' must be designed by a
registered engineer and permitted through the Building and Inspections Division. Retaining walls
over 4' in height may not be placed within drainage and utility easements.
Storm sewer for full width of Beverly Drive right of way should be incorporated into the project.
The design professional retained by the Developer to perform the monitoring of the Project shall be
responsible for all monitoring, data entry and reporting to the PermiTrack ESC web-based erosion
and sediment permit tracking program utilized by the City.
The stormwater/grading plan/emergency overflow plan for the project will continue to be reviewed
by the Engineering Division.
UTILITIES
Include the MUSA line on the drawings.
Extend sanitary sewer and watermain(12")to the west property limits of Beverly Drive. The
sanitary sewer from Sky Lane west should be revised to remove the drop structure at MH 1C to
maximize the depth to extend sanitary sewer service to the west.
Watermain should parallel the sanitary sewer currently shown between Lots 28 & 29 to serve the
property to the west.
All existing septic systems and wells must be removed/capped as required by permitting agencies.
All existing utilities including electric, gas, telephone and cable should be indicated on final plans as
required by State Statute.
All public surface utility data should be collected utilizing a GPS system in the following coordinate
system: "NAD 83 Hennepin County Coordinates (U S survey feet) 1996 adjustm ent". Upon final
completion of the project all surfacedata must be submitted to the Engineering Division in the foiiivf
a comma delineated text file with the following specific text headers and a GIS shape file that includes
.shx, .dbf, and .shp files. All features mist be separated into individual files for water, sanitary sewer
and storm sewer.
Text headers shall be: Feat Code,Northing, Eastmg,Elevation, Start_Time,Stop_Time,Hz Prec, and
Vt_Prec.
The feature codes will be given as follows: Air Reease MH, Butterfly Valve, Curb Stop, Gate Valve,
Hydrant, IRR Box, IRR Gate Valve, IRR Curb St op, PIV, Lift Station, Meter Station, Sanitary
Manhole, Control Strc, Flared End, Pond Inlet, lbnd Outlet, Storm Manhole, Sump, Sump MH. Any
features not included in the above list must be clearly defined and labeled.
Plans for public streets and utilities should consist of plan and profile on 24"x 36" (or 22"x 34")plan
sheets and designed to City Standards. Specificatbns according to Eden Prairie standards shall apply
and are required. The registered project design engineer shall provide daily inspection, certify
completion in conformance to approved plans and specfications and provide record drawings. Security
in the amount of 125% of the public infrastructure in a form acceptable to the City Engineer will be
required prior to release of the final plat of the property. Release of the said security shall be upon
completion of all of the above said itens and submission of a 25% maintenance security for the public
infrastructure.
PERMITS
The responsibility of acquiring all permits for this project lies solely with the developer/owner of the
project. Permits that may be required include:
• Watershed Districts
• NPDES
• MCES
• DNR
• MPCA
• Department of Health
A Land Alteration permit will be required from the City.
STREETS
The street design at Eden Prairie Road m ust be coordinated with the proposed Eden Prairie Road
improvement project.
The developer shall be responsible for the placement of a temporary 1 1/2" overlay on Eden Prairie Road
from Beverly Drive to Wuttke Crossing prior to issuance of the land alteration permit for the project.
Construction access should come from Eden Prairie Road rather than Beverly Drive.
Construction traffic should route to the north with tlr exception of when Eden Prairie Road is closed
for reconstruction.
Street design geometries and sight distance information for Wuttke Crossing must be provided to the
Engineering Division for review and pproval. The desire for the horizontal street design is to met the
30 mph design requirements.
Beverly Drive street and storm sewer improvements should be extended to the west property line.
A street extension(within a 50' right of way)wesffrom Reeder Ridge approximately between Lots 28
&29 should be incorporated into the plans. The extension of this street will allow for flexibility with
future development of the adjacent properties and provide multiple ingress/egress locations.
Sight distance triangles at intersections maintained—no landscaping features blocking sight lines.
The driveway location for Lot 1, Bbck 1 on Beverly Drive nest be located a minimum of 50' fromthe
Eden Prairie Road right of way.
The cul de sac islands, median and bubble islands should be rem oved from the plans and revised to
meet standard city design dim ensions at all locations, including the entrance of W uttke Crossing at
Eden Prairie Road. Right of way should be adjusted accordingly.
Street names should be submitted for review and approval to Jim Richardson(952-949-8316) in the
Engineering Division. Street names may also be reviewed by the Heritage Preservation Commission.
The Developer should verify with the U.S. Postmaster that the proposed cluster mailbox locations are
acceptable.
SIDEWALKS AND TRAILS
A trail should be added to the south side of Beverly Drive.
WETLANDS
A wetland delineation report was provided for reviewand a site review has been scheduled for June i.
The results of the site review will need to be incorporated into the plans. The wetland buffers will be
reviewed at this tine as an adequate Wetland Buffer Strip Evaluation Report was not provided with the
Delineation Report. The Buffer Report rust include an evaluation for invasive species, erosion issues
and other concerns which may impact the wetlands and wetland buffers.
All wetlands and wetland buffers mist be shown on the grading plans. City Wter Body Identification
Numbers must be used in all reports and on th e plans. A Map indicating known ID Num hers was
provided to Kjolhaug Environmental. All wetland boundaries (including those within 60 feet of the
property boundary) must be shown on the plans.
A conservation easement will be required over all wetlands and wetland buffers. Wetland 29-31-A
(Wetland 1)was rated as ModerateQuality and will require a 40 fiot buffer,which does extend into the
western property boundary. Wetland 29-34-A is entirely off-site and mist be assumed as high quality
with a 60 foot buffer requirement. All conservation easement areas should be placed within outlots.
An analysis of the drainage patterns for Vetlands 29-31-A and 29-34-A must be provided to ensure that
drainage is not diverted fromthe wetlands. Any adverse effects to these wetlands due to developmnt
would require mitigation.
MEMORANDUM
To: Development Review Committee E D E N
From: Engineering Division PRAIRIE
Date: June 20, 2013
LIVE•WOKK•OKEAM
Subject: Reeder Ridge
The following are comm ents by the Enginee ring Division in r eview of a resub mittal of the
development proposal for Reeder Ridge located west of Eden Prairie Road and south of Beverly
Drive. The plan was prepared by Alliant Engineeri ng, Inc. for Pulte Homes and is dated"received"
June 10, 2013.
PLAT
The plans indicate three Outlots - Outlots A, B and C covering the lower portions of the property. It
appears that Outlot A will b e privately owned by the homeowners association. Outlot B should be
reserved for possible future right of way for the realignment of Eden Prairie Road. Outlot B should
be modified to meet the design needs of the Ed en Prairie Road connection as id entified by the
preliminary layouts prepared for the City by SE H (see attached concep tual drawings). A
Conservation Easement should be placed over Outlot C and then the Outlot should b e dedicated to
the City.
Upon receipt of comments on the preliminary plat from Hennepin County, those comments will be
forwarded to the developer for incorporation into the preliminary plat and plans.
The area covered by a conservation easement for protection of the wetland and wetland buffers
must be placed within an Outlot. A drainage easem ent should be placed over th e conservation
easement.
GRADING AND DRAINAGE
Based on the project tim ing as indicated to the City by the developer, the proposed projects'
stormwater management plan must be in conf ormation with the new MP CA stormwater perm it
requirements which go into effect August 1, 2013.
The Riley-Purgatory-Bluff Creek Watershed District h as completed a prelim inary review of the
plans (dated May 17, 2013). The review comments are attach ed. The watershed district has also
been provided with a copy of the revised plans a nd stormwater management plan and is currently
reviewing those plans.
The revised plans have modified the drainage plan. Detailed review of the revised plans is ongoing
and comments will be forwarded upon completion of the review.
The base o f all retaining walls ad jacent to th e ponds or infiltration areas m ust be above the
calculated 100 year HWL of the basin.
All critical openings of structures must be located 2' above the emergency overflow elevations—it
appears there are areas that will need to be revised to meet this requirement including Lots 7, 8, 9,
18,19 of Block 1 and Lots 23, Block 2.
The storm sewer in Lot 1, Block 1 cannot run under the retaining wa 11 paralleling Eden Prairie
Road.
The narrative submitted with the o riginal plans indicated a s taged grading of the project b ased on
acquisition of the properties. The previous Engi neering Memo regarding this project requested
submission of a grading plan addressing this staging. To date, a grading plan addressing the staging
has not been submitted for review.
The street and storm sewer design at the west end of Beverly Drive improvements must be designed
to accommodate the remaining rural section to the west and to address the current and proposed
drainage patterns. Additional storm sewer catchbasins may be needed within Beverly Drive.
The stormwater/grading plan/emergency overflow plan for the project will continue to be reviewed
by the Engineering Division.
UTILITIES
Watermain should be added within the revised street stub off of Reeder Ridge serve the property to
the west.
STREETS
The street design at Eden Prairie Ro ad must be coordinated with the proposed Eden Prairie Roa d
improvement project.
The developer shall be responsible for the placem ent of a temporary 1 1/2" overlay on Eden Prairie
Road from Beverly Drive to Wuttke Crossing as determined by the City Engineer.
The design for the horizontal curvature for the public internal streets should be revised such that all
sight lines required fall within the p ublic right of way and do not extend in to the easement areas
located within the private lots. All right of way within the sight lines areas must remain clear of all
landscaping,plantings and obstructions.
The vertical design of the public streets must be revised to meet 30 mph design requirements.
In response from a recomm endation of the Engin eering Division for the extension of a street
westerly from Reeder Ridge, the de veloper submitted an Exhibit on 6- 18-13 incorporating a street
stub to the west. The extension of this street provides the adjacent properties and the City flexibility
in providing multiple ingress/egress locations. The street layout as indicated in the Exhibit should
be incorporated into the project plans.
The cul-de-sac islands should be revised such that the islands are utilized for infiltration for the
project. If these changes are not incorporated in to the plan, the cul- de- sac islands should be
removed from the plans and revised to meet standard city design dimensions. Right of way should
be adjusted accordingly.
The trees should be eliminated from the landscaping plans for the m edian and islands. Landscape
materials that are amenable to infiltration and that do not block sight distances should be utilized.
WETLANDS
The wetland delineation review is corn plete. However, th e GIS information for the wetlands is
required and must be submitted for incorporation into ArcView.
Wetland 29-31-A (Wetland 1)was rated as Moderate Quality and will require a 40 foot buffer. A
conservation easement is required for the wetl and and wetland buffer(City Code 11.51, Subd.
5.C.1). The conservation easem ent area should be placed within an Outlot and covered by a
drainage easement.
All wetlands and wetland buffers m ust be shown on th e grading plans. City Water Body
Identification Numbers must be used in all reports and on the plans. A Map indicating ID Numbers
was provided to Kjolhaug Environm ental. The wetland and wetland bu ffer boundaries (including
those wetlands within 60 feet of the property boundary) must be shown on the plans. A restoration
plan for the areas graded for de velopment of adjoini ng lots or the stormw ater pond m ust be
provided.
An analysis of the drainage patterns for Wetlands 29-31-A and 29-34-A must be provided to ensure
that drainage is not div erted from the wetlands. Surface drainag e and potential erosion issu es,
including erosion gullies leading to Wetland 29-31-A, should be a ddressed during development of
the property.
Any adverse effects to these wetlands due to development would require mitigation.
Area Location Map - Reeder Ridge
Address: South of Beverly Drive, West of Eden Prairie
Road, and North of Flying Cloud Drive, Eden Prairie,
Minnesota
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City of Eden Prairie Land Use Guide Flying Cloud Drive
Map 2000-2020
Rural Residential 0.10 Units/Acre Neighborhood Commercial N
Low Density Residential 0-2.5 Units/Acre MI Community Commercial Streams
Low Density/Public/Open Space - Regional Commercial -Principal Arterial
-A Minor Arterial
Medium Density residential 2.5-10 Units/Acre ®Town Center •i . $ +;. ,i
-B Minor Arterial DATE Approved 03-19-03 DATE Revised 12-06-06
[1 Medium Density Residential/Office - Park/Open Space —Major Collector DATE Revised 01-07-05 DATE Revised 03-01-07
DATE Revised 11-07-05 DATE Revised 06-01-07 E a E N
High Density Residential 10-40 Units/Acre Public/Quasi-Public DATE Revised 02-23-06 DATE Revised 10-01-07
Minor Collector
DATE Revised 03-23-06 DATE Revised 03-01-08
nAirport Golf Course DATE Revised 06-23-06 DATE Revised 03-01-09
Office - Church/Cemetary PRAIRIE
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City of Ede
=Rural -Regional Commercial Shoreland Management Classifications N
R1-44 One Family-44,000 sf.min. WI TC-C I NE I Natural Environment Waters
R1-22 One Family-22,000 sf min. MITC-R I RDI Recreational Development Waters
R1-13.5 One Family-13,500sf min. MITC-MU I OD General Development Waters(Creeks Only) '', r +: f!
R1-9.5 One Family-9,500 sf min. P Industrial Park-2Acre Min, i�� 100- Year Floodplain
RM-6.5 Multi-Family-6.7 U.P.A.max. �I Industrial Park-5Acre Min. EDEN
-RM-2.5 Multi-Family-17.4 U.P.A.max. -General Industrial-5 Acre Min. Up dated through approved Ordinances#26-2008
Office I Public Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE
Neighborhood Commercial I Golf Course Date:March 1,2009
Community Commercial I Water In case of discrepancy related to a toning aassnicadon on this zoning map,the ordinance
and attached legal description on file at Eden Paine Ciry Center will prevail.
-Highway Commercial I Right of Way
-Regional Service Commercial I Right of Way 0 0.175 0.35
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UNAPPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY,JUNE 24, 2013 7:00 P.M., CITY CENTER
Council Chambers
8080 Mitchell Road
COMMISSION MEMBERS: John Kirk, Jon Stoltz, Katie Lechelt, Jacob Lee,
Travis Wuttke, Steven Frank, Ann Higgins, Mary
Egan
STAFF MEMBERS: Mike Franzen, City Planner
Stu Fox, Manager of Parks and Natural Resources
Rod Rue, City Engineer
Julie Krull, Recording Secretary
I. PLEDGE OF ALLEGIANCE —ROLL CALL
Chair Stoltz called the meeting to order at 7:00 p.m. Wuttke was absent.
II. APPROVAL OF AGENDA
MOTION by Lee, seconded by Lechelt, to approve the agenda. Motion carried 7-0.
III. MINUTES
A. PLANNING COMMISSION MEETING HELD ON JUNE 10, 2013
Egan had an addition on page 3, second paragraph, first sentence, under Variance
#2013-06. She wanted"Trail" added to 17848 Bear Path.
In the same paragraph, third sentence, Higgins stated it should be Emmanuel
Lutheran Church.
MOTION by Frank, seconded by Kirk, to approve the minutes as amended.
Motion carried 7-0.
IV. INFORMATIONAL MEETINGS
V. PUBLIC MEETINGS
VI. PUBLIC HEARINGS
June 24, 2013
Page 2
A. REEDER RIDGE by Pulte Homes of MN LLC
Location: 9990 Eden Prairie Road
Request for:
• Planned Unit Development Concept Review on 78.56 acres
• Planned Unit Development District Review with waivers on 78.56 acres
• Zoning District Change from Rural to R1-13.5 Zoning District on 78.56 acres
• Preliminary Plat of 78.56 acres into 103 lots
Ian Peterson, Vice President of Pulte Homes,presented the proposal. He stated
he is here tonight to represent Reeder Ridge. Pulte Homes is a national home
builder and he prefaced they would like to leave a legacy and landmark for
Eden Prairie. Mr. Peterson said that Rick Harrison will be the site designer and
will create such items as open site lines, varied front yard setbacks and
individual lot geometrics. Mr. Peterson presented an overview of the property
utilizing a PowerPoint presentation. He stated they will have 104 single family
lots, one pool and a pool house and 3 outlots. They also plan to have such
things as internal and perimeter pedestrian connections, continuous curvilinear
roadways, varying front yard setbacks, 5 rain gardens, 2 storm water ponds, a
scenic overlook, preservation of historic features and 23 acres of easement. Mr.
Peterson showed the monument feature and secondary columns. He also
showed the overlook of the bluff area. He pointed out there will be a
homeowners association for this development. He also stated in regards to the
roadways associated with this proposal, they would be updating Beverly Drive
and there would be an assessment agreement for improvements to Eden Prairie
Road. Mr. Peterson questioned if the extension of a street westerly from Reeder
Ridge is necessary and suggested as an alternative, a street stub to the west. Mr.
Peterson said both alternatives would work for them and they await
Commission recommendation. They would like to begin grading late August
2013, with street and utility work to start November 2013. They would like to
have this project completed for the 2014 Parade of Homes show.
Chair Stoltz asked Franzen to review the staff report. Franzen said the project
conforms to the guide plan. Waivers are required for street frontage and cul-de-
sac length. On page 4 of the staff report there are three categories of plan
changes that still need to be completed. Item 3 is a minor issue. Staff
recommends that the project be continued to the July 22, 2013 to give the
project proponent time to change road design and grading.
Chair Stoltz opened the meeting up for public input.
Greg Peterson, of 10011 Dell Road, is a neighbor of the development and has
lived at his property for 18 years. He said he has one concern with this
development. There is a pond and a fire pit next to the property and he and his
June 24, 2013
Page 3
neighbors have enjoyed this. He feels with the tree loss they will be staring at
the houses. He would like to save the privacy he and his neighbors currently
have.
Robert Erickson, Senior Developer of Welsh Companies, is with Greg Peterson,
supporting his request. Mr. Erickson said the Peterson's have been at this
location for 18 years. He showed where the Peterson's live and where the pond
is; it is between lot 28 and 29. Mr. Erickson said he hoped Pulte would have
appreciation for the Peterson property. He also recommended a 12 foot
retaining wall be put up to preserve the area. He said Pulte does plan to meet
with the Peterson's on Friday. Mr. Erickson also expressed concern for the
trees in the area. He also wanted to know the depth of the sanitary sewer along
with a time line for the project. He said the Peterson's would like a vinyl
covered chain link fence to delineate the boundaries of the property.
Stoltz asked the project proponent, Mr. Peterson, to come forward. He asked
him what he thought of Mr. Erickson's comments. Mr. Peterson said he plans
to meet with the homeowner, Greg Peterson, on Friday to discuss his concerns
with the development. He also said the depth of the sanitary sewer will be in
compliance with the City. Stoltz asked Rue to discuss the sanitary sewer. Rue
said when the City did their study of the area, depth was determined. Chair
Stoltz asked the project proponent to address the vinyl chain link fence. Mr.
Peterson asked Mr. Erickson where exactly they were talking about for
placement of this fence. Mr. Erickson said it would be from lot 25 to lot 29.
Mr. Peterson said they do not have a problem with that and would put in a black
aluminum fence. Mr. Erickson said that was fine.
The project proponent, Mr. Peterson, said in discussing roadway designs, they
feel the 30 mile an hour design speed is an issue. He stated they think that is
quite fast through this residential area. Some curves meet the 30 mile an hour
design speed but there are a few he would like to see at 25 miles an hour.
Chair Stoltz asked City Staff to address road speed. Rue said that street design
standards are firm,but residential areas can be softer. In regards to crest curves,
the City does not want to waiver on these. The State law is 30 miles an hour. In
regards to vertical designs, he said the City will not waiver on these. In regards
to horizontal curvature, all site lines required should fall within the public right
of way and should not extend into the easement areas that are located within the
private lots. All right of ways within the site line areas must be clear of
landscaping, trees, plantings and miscellaneous obstructions. Rue pointed out
the City wants to see a safe situation for both vehicles and residents.
Chair Stoltz asked if the City would like to see curves straightened out. Rue said
yes, the City would like to see the curves straightened out and changing radiuses
to 250 would be a desirable plan. Mr. Peterson said that they would go back
and relook at site line plans and said they will limit plantings on the curves.
June 24, 2013
Page 4
Chair Stoltz asked the project proponent what would happen if the roads were
straightened out. Mr. Peterson said the linear nature creates or enhances the
neighborhood. Chair Stoltz said he likes the curved roads better. Frank agreed
with Chair Stoltz and said it looks better than the linear design and asked if
anything else could be done. Lee said he likes that too, but asked if it could be
evened out a little bit. Chair Stoltz said he lives in a neighborhood that is
curved and likes it. He asked Rue if people go slower on a curvy road versus a
straight road. Rue said yes, people tend to go faster on straight roads. Rue also
said the design of this neighborhood has a lot of curves but people should feel
safe walking on the roads. Mr. Peterson said they are in the spectrum of 25—30
miles an hour. Chair Stoltz asked if there could be some give and take here and
could they work with the City. Frank said in talking about the two different
road options, curvy design or straight, the more desirable design would be
curvy. He asked if some of the curves could be reduced. Rue agreed, and said a
compromise could be met if they cleared the site line and softened the curves.
Kirk said this is a nice layout but a little more work would be worth it to balance
it out. Higgins said she agrees with Kirk and she sees in her area, the more
people become familiar with an area, the faster they go. She asked if the
association could put in speed signs. She also suggested when they plant trees,
could they not put them so close to the streets. Mr. Peterson said the speed is
under the City and not the homeowners association. In regards to landscaping,
that is controlled by Pulte.
Chair Stoltz asked about the Indian Burial Ground and what they plan to do
with the mounds. Mr. Peterson said some of these are seven feet high. They
had an archeologist come in and authenticate the mounds. He said there is a 25
foot buffer around them. Chair Stoltz asked if signage would be put up. Mr.
Peterson said just the easement signs would be put up. Frank said it would be
hard to control the area with that many people living in the neighborhood. Mr.
Peterson said the HOA would alert homeowners of the burial mounds in the
area and pointed out it is an offense if these mounds are disturbed. Higgins said
she appreciates that this land is being protected.
Mr. Peterson said in regards to grading, the site will balance out at the end of
the day. He said as this relates to phasing, they will work with the City. And
commented they are in agreement with wetland buffers. They believe the cul-
de-sac entrance is critical and would like to keep it as is. In regards to Outlot B,
they would like to reserve this Outlot for future purchase from the City. Mr.
Peterson said Outlot C, which consists of almost 16 acres, would be dedicated to
the City,with two conditions. The first is that the Wuttke family be named in
the dedication and the second this would serve in lieu of the park dedication
fees. Franzen said this is the first he had heard of this. Mr. Peterson said the
fees would be between $650,000 and one million dollars. Chair Stoltz asked
what park fees would be for. Fox said the park dedication fees are set aside for
development and enjoyment for people in the area. Chair Stoltz said the
June 24, 2013
Page 5
Commission is not in a position to negotiate park fees. Chair Stoltz asked Fox
if naming the land has happened in the past. Fox said it is a sensitive issue, but
they are open to it.
Frank said he thought the recommendation of the City to continue this to the
July 22nd meeting was reasonable. Mr. Peterson said he understands there are
issues out there, but feels they have been resolved tonight and he would like to
see this project approved. Chair Stoltz stated on page 4 of the staff report, if the
project proponent agrees with the plan changes, would Staff be comfortable
with moving this forward. Mr. Peterson said he appreciates it and right now
they are just down to horizontal site views and can work it out without
continuance. Lechelt said the City Council requires a sound recommendation
and needs it on paper and would be in favor of a continuance; but felt it was a
great project.
Clark Wickland, of Alliant Engineering, stated in regards to horizontal road
speeds, their plan will not change that much. He showed the streets that need to
be modified and said their minimum radius is 170 and said this should not have
a substantial impact on the project. Rue said he would like the roadways
worked out before this project goes before the City Council. And stated it is
outside of the City's desire to have outside islands for cul-de-sacs. He said in
the 1980's and 90's, the City had a lot of those and they were removed. The
City was called to maintain them and so they were removed. The only way the
City would consider them is if they were for infiltration. Kirk said he lives in a
neighborhood that has two; one is kept up and the other is not. The neighbors
maintain the one and no one for the other. Kirk asked if the homeowner
association could maintain these. Rue said that has happened in the past and has
not worked out. Kirk said it could possibly be different because they will be
maintaining a pool. Chair Stoltz asked the project proponent to address this.
Mr. Peterson said they will be used for infiltration. Franzen said if they were
kept as infiltration that would be fine.
Mr. Erickson said he is concerned with who would be maintaining retaining
wall. Mr. Peterson said all retaining walls will be maintained by the
homeowner association. Mr. Erickson said he is fine with that.
Rue said the storm drainage on the property has not been addressed. Most
important is a phased grading plan. Rue pointed out it has not been submitted
yet, so the City Staff requests that as soon as possible. Mr. Peterson said it will
be submitted soon. Rue said he wants it before the City Council meeting,
preferably by July 5th
Chair Stoltz asked the Commission Members if they were okay with approving
the project this evening. Lechelt and Lee said they have an issue with
approving this project with all of these issues still outstanding. The other
Commission Members were in favor of approving this project, with stipulations.
June 24, 2013
Page 6
MOTION by Kirk, seconded by Frank, to recommend approval of the Planned
Unit Development Concept Review on 78.56 acres, Planned Unit Development
District Review with waivers on 78.56 acres, Zoning District Change from
Rural to R1-13.5 Zoning District on 78.56 acres, and Preliminary Plat of 78.56
acres into 104 lots, 3 outlots and road right of way based on plans stamped
dated June 10, 2013 and June 20, 2013 and the staff report dated June 21, 2013,
with the addition of the following changes under Alternative One, on page 5 of
the staff report.
1. Item 2C should read, Reserve Outlot B for the future Eden Prairie Road
alignment.
Under number 2 add the following items.
2. Item F. Provide plan changes for road design to be submitted to the City by
July 5th, 2013.
3. Item G. The cul-de-sac centers are to be used as storm water abatement
features.
4. Item H. Provide phased grading plans to the City by July 5th, 2013.
5. Item I. Provide a boundary fence on the west edge of the property behind
lots 25-29.
6. Item J. Provide street and utility extensions to the Peterson property.
Motion carried 5-2. Lee and Lechelt opposed. City Staff approved with
moving this project forward.
VII. PLANNERS' REPORT
There was no planners' report.
VIII. MEMBERS' REPORT
A. CITIZEN ADVISORY COMMITTEE—LIGHT RAIL
Lechelt said there will be an open house this Wednesday, June 26, from 4:30 to
7:00 pm. The next meeting will be Thursday evening, June 27.
IX. CONTINUING BUSINESS
X. NEW BUSINESS
June 24, 2013
Page 7
XI. ADJOURNMENT
MOTION by Higgins, seconded by Kirk, to adjourn the meeting. Motion carried
7-0.
There being no further business, the meeting was adjourned at 9:33 p.m.
Memorandum E D E N
Date: July 16, 2013 PRAIRIE
LIVE•WDRK•DREAM
To: Mayor and City Council OFC 952 949 8300
FAX 952 949 8390
TDD 952 949 8399
From: Janet Jeremiah, Community Development Director 8080 Mitchell Rd
Eden Prairie,MN
55344-4485
Re: Reeder Ridge edenprairie.org
Reeder Ridge is a residential project that is scheduled for City Council review on July 16, 2013.
Greg and Deb Peterson are the adjacent property owners and have been meeting with Pulte
Homes. After further discussion, the Petersons and Pulte have agreed to some modifications to
the plan. New plans were submitted to the City on Monday, July 15, and are attached for the
Council's reference.
The modifications include removing the island in the cul-de-sac of Reeder Circle; reducing the
amount of fill for the lots on Reeder Circle; reducing the height of the retaining wall along the
west property line. These modifications appear to allow for additional buffering between the
Peterson property and the lots within Reeder Ridge, as well as, saving some significant trees.
Staff has not yet had an opportunity to complete a review of the revised plans though it appears
that all modifications are feasible. The development agreement will include any necessary
provisions to address the modifications.
CITY COUNCIL AGENDA
SECTION: Public Hearings DATE: 07/16/13
SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Community Development
Janet Jeremiah/ Reeder Ridge Revised Plan
Julie Klima
Background Information
Reeder Ridge is a residential project that is scheduled for City Council review on July 16, 2013.
Greg and Deb Peterson are the adjacent property owners and have been meeting with Pulte
Homes. After further discussion, the Petersons and Pulte have agreed to some modifications to
the plan. New plans were submitted to the City on Monday, July 15 and are attached for the
Council's reference.
The modifications include removing the island in the cul-de-sac of Reeder Circle; reducing the
amount of fill for the lots on Reeder Circle; reducing the height of the retaining wall along the
west property line. These modifications appear to allow for additional buffering between the
Peterson property and the lots within Reeder Ridge, as well as, saving some significant trees.
Staff has not yet had an opportunity to complete a review of the revised plans though it appears
that all modifications are feasible. The development agreement will include any necessary
provisions to address the modifications.
Attachments
1. Revised plans
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Memorandum E D E N
Date: July 16, 2013 PRAIRIE
LIVE•WORK•DREAM
To: Mayor and City Council OFC 952 949 8300
FAX 952 949 8390
TDD 952 949 8399
From: Janet Jeremiah, Community Development Director 8080 Mitchell Rd
Eden Prairie,MN
55344-4485
Re: Reeder Ridge edenprairie.org
Reeder Ridge is a residential project that is scheduled for City Council review on July 16, 2013.
Greg and Deb Peterson are the adjacent property owners and have been meeting with Pulte
Homes. After further discussion, the Petersons and Pulte have agreed to some modifications to
the plan. New plans were submitted to the City on Monday, July 15, and are attached for the
Council's reference.
The modifications include removing the island in the cul-de-sac of Reeder Circle; reducing the
amount of fill for the lots on Reeder Circle; reducing the height of the retaining wall along the
west property line. These modifications appear to allow for additional buffering between the
Peterson property and the lots within Reeder Ridge, as well as, saving some significant trees.
Staff has not yet had an opportunity to complete a review of the revised plans though it appears
that all modifications are feasible. The development agreement will include any necessary
provisions to address the modifications.
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CITY COUNCIL AGENDA DATE:
SECTION: Payment of Claims July 16, 2013
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: X.
Sue Kotchevar, Office of the Payment of Claims
City Manager/Finance
Requested Action
Move to: Approve the Payment of Claims as submitted(roll call vote)
Synopsis
Checks 226490 —226979
Wire Transfers 1003959— 1004193
Wire Transfers 4765—4779
Purchasing Card 4770 May Report
City of Eden Prairie
Council Check Summary
41471
Division Amount Division Amount
General 89,988 601 Prairie Village Liquor 226,290
100 City Manager 687 602 Den Road Liquor 339,212
101 Legislative 9,828 603 Prairie View Liquor 234,095
102 Legal Counsel 36,306 605 Den Road Building 4,576
110 City Clerk 190 701 Water Fund 334,028
111 Customer Service 10,237 702 Sewer Fund 338,687
112 Human Resources 405 703 Storm Drainage Fund 107,597
113 Communications 12,839 Total Enterprise Funds 1,584,485
114 Benefits&Training 2,614
130 Assessing 1,730 316 WAFTA 90
131 Finance 4,129 803 Escrow Fund 18,137
132 Housing and Community Services 14,276 806 SAC Agency Fund 2,435
133 Planning 525 Total Agency Funds 20,662
136 Public Safety Communications 3,649
137 Economic Development 304 807 Benefits Fund 1,084,154
138 Community Development Admin. 32 810 Workers Comp Insurance 140,327
150 Park Administration 48 812 Fleet Internal Service 244,839
151 Park Maintenance 66,555 813 IT Internal Service 222,638
153 Organized Athletics 800 814 Facilities Capital ISF 534,553
154 Community Center 30,779 815 Facilites Operating ISF 60,162
155 Beaches 161 816 Facilites City Center ISF 101,507
156 Youth Programs 4,448 817 Facilites Comm.Center ISF 66,962
157 Special Events 17,502 Total Internal Service Funds 2,455,141
158 Senior Center 6,129
159 Recreation Administration 215 Report Totals 5,459,305
160 Therapeutic Recreation 2,497
161 Oak Point Pool 517
162 Arts 14,893
163 Outdoor Center 1,209
164 Park Rental Facilities 506
168 Arts Center 1,673
180 Police 35,779
183 Emergency Preparedness 106
184 Fire 32,742
186 Inspections 160
200 Engineering 4,524
201 Street Maintenance 27,031
202 Street Lighting 78,077
Total General Funds 514,090
301 CDBG 6,190
303 Cemetary Operation 32
304 Senior Board 319
308 E-911 26,847
309 DWI Forfeiture 153
312 Recycle Rebate 61
Total Special Revenue Funds 33,601
433 2007A Facility Lease-3rd Rink 2,150
Total Debt Service Funds 2,150
502 Park Development 1,995
509 CIP Fund 4,983
513 CIP Pavement Management 410
522 Improvement Projects 2006 937
526 Transportation Fund 78
528 Shady Oak Rd-CR 61 North 840,661
529 Shady Oak Rd-CR 61 South 113
Total Capital Project Funds 849,176
City of Eden Prairie
Council Check Register
41471
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
1004042 681,238 MAX STEININGER INC Improvement Contracts Shady Oak Rd-CR 61 North Improvements-Shady Oak/61 No
226639 314,498 HEALTHPARTNERS Medical/Dental Premiums Health and Benefits Medical;/Dental Premium
226813 288,047 METROPOLITAN COUNCIL ENVIRONME MCES User Fee Sewer Utility-General Monthly MCES Fee
226761 268,793 COMMERCIAL REFRIGERATION SYSTE Building Facilities Capital Ice Rinks
4774 242,233 CERIDIAN State Taxes Withheld Health and Benefits Taxes Withheld
4766 230,084 CERIDIAN State Taxes Withheld Health and Benefits Taxes Withheld
1004123 151,182 R&R SPECIALTIES OF WISCONSIN Building Facilities Capital Ice Rink 2 Ceiling
226803 140,327 LEAGUE MN CITIES INS TRUST Workers Comp Insurance Workers Comp Insurance Workers Comp Premium
4769 136,264 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits PERA
4777 135,481 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits PERA
226560 125,900 NORTHLAND SYSTEMS INC Other Hardware IT Capital NetApp
1004004 112,610 XCEL ENERGY Electric City Hall-CAM Monthly Utility
4771 105,725 MINNESOTA DEPT OF REVENUE Sales Tax Payable Water Enterprise Fund Sales&Use Tax
226978 77,500 HENNEPIN COUNTY COURT ADMINIST Right of Way&Easement Shady Oak Rd-CR 61 North
1004067 76,289 XCEL ENERGY Electric Traffic Signals
1004181 72,331 SRF CONSULTING GROUP INC Design&Engineering Shady Oak Rd-CR 61 North
226917 64,668 JOHNSON BROTHERS LIQUOR CO Wine Domestic Prairie View Liquor Store
226678 61,294 NORTHERN AIR CORPORATION Building Facilities Capital
4770 53,974 US BANK Deposits Escrow
226796 48,623 JOHNSON BROTHERS LIQUOR CO Wine Domestic Prairie Village Liquor Store
226540 40,236 JOHNSON BROTHERS LIQUOR CO Transportation Prairie Village Liquor Store
226567 38,102 RANGER Autos Fire
226608 37,960 BLUE WATER SCIENCE Other Contracted Services Storm Drainage
1004039 34,496 J&D WINDOW CLEANING Window Washing Park Shelters
226956 32,813 SOUTHERN WINE&SPIRITS OF MN Transportation Prairie Village Liquor Store
226826 32,758 NORTHERN AIR CORPORATION Contract Svcs-HVAC 3rd Sheet of Ice
226579 32,457 THANE HAWKINS POLAR CHEVROLET Autos Park and Recreation
226696 32,457 THANE HAWKINS POLAR CHEVROLET Autos Utility Operations-General
226698 32,180 THANE HAWKINS POLAR CHEVROLET Autos Park and Recreation
226699 32,180 THANE HAWKINS POLAR CHEVROLET Autos Utility Operations-General
226848 30,074 SOUTHERN WINE&SPIRITS OF MN Transportation Den Road Liquor Store
1004085 29,409 ESS BROTHERS&SONS INC Repair&Maint.Supplies Sewer System Maintenance
226672 29,256 MINNESOTA DEPT OF HEALTH Licenses,Permits,Taxes Water Testing
1004059 27,796 THORPE DISTRIBUTING Beer Prairie Village Liquor Store
1004128 27,455 SHI CORP Software Maintenance IT Operating
1004106 27,332 LOGIS Network Support IT Operating
226827 27,200 NORTHLAND SYSTEMS INC Other Contracted Services IT Operating
226697 26,505 THANE HAWKINS POLAR CHEVROLET Autos Police
1004081 24,469 DIVERSE BUILDING MAINTENANCE Janitor Service Den Road Liquor Store
1004055 24,228 ST CROIX ENVIRONMENTAL INC Design&Engineering Wellhead Protection Plan
226973 24,174 WIRTZ BEVERAGE MINNESOTA Transportation Prairie Village Liquor Store
1004192 24,108 YOCUM OIL COMPANY INC Motor Fuels Fleet Operating
226656 23,821 JOHNSON BROTHERS LIQUOR CO Wine Domestic Prairie Village Liquor Store
1004095 22,855 GREGERSON ROSOW JOHNSON&NILA Legal Legal Council
226962 21,740 THANE HAWKINS POLAR CHEVROLET Autos Police
4776 21,661 ING Deferred Compensation General Fund
4768 21,333 ING Deferred Compensation General Fund
226873 21,315 WIRTZ BEVERAGE MINNESOTA Transportation Den Road Liquor Store
226586 20,847 WIRTZ BEVERAGE MINNESOTA Transportation Prairie Village Liquor Store
226538 19,975 JJ TAYLOR DISTRIBUTING MINNESO Beer Prairie Village Liquor Store
226502 19,826 B&B PRODUCTS/RIGS AND SQUADS Machinery&Equipment Police
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
226589 19,410 ABM JANITORIALSERVICES-NORTH C Cleaning Supplies Fire Station#1
1004035 18,865 GREGERSON ROSOW JOHNSON&NILA Operating Supplies Legal Criminal Prosecution
226717 18,262 WIRTZ BEVERAGE MINNESOTA Transportation Prairie Village Liquor Store
226819 17,785 MOELTER GRAIN INC Lime Residual Removal Water Treatment Plant
1004138 17,179 WENCK ASSOCIATES INC Design&Engineering Storm Drainage
1004071 17,049 ADVANCED ENGINEERING&ENVIRON Process Control Services Water Treatment Plant
1004078 17,025 CENTERPOINT ENERGY SERVICES IN Gas Water Treatment Plant
226572 16,851 SOUTHERN WINE&SPIRITS OF MN Transportation Prairie Village Liquor Store
226684 16,624 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store
226718 16,428 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie Village Liquor Store
226874 16,388 WIRTZ BEVERAGE MINNESOTA BEER Beer Den Road Liquor Store
226809 16,119 MARQUIS JEWELERS INC Deposits Escrow
226772 16,000 EMERGENCY COMMUNICATIONS NETWO Other Contracted Services E-911 Program
226733 15,745 ARENA SOLUTIONS INC Building Facilities Capital
1004184 15,570 THORPE DISTRIBUTING Wine Domestic Prairie Village Liquor Store
4767 15,191 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund
4775 15,147 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund
226636 14,633 GRAYMONT Treatment Chemicals Water Treatment Plant
1003993 14,441 THORPE DISTRIBUTING Beer Prairie Village Liquor Store
1004079 13,592 DAY DISTRIBUTING Beer Den Road Liquor Store
1003968 13,572 DAY DISTRIBUTING Beer Prairie Village Liquor Store
226839 12,732 PRAIRIEVIEW RETAIL LLC Repair&Maint.Supplies Prairie View Liquor Store
4772 12,385 GENESIS EMPLOYEE BENEFITS,INC HRA Health and Benefits
1004132 11,683 THORPE DISTRIBUTING Beer Den Road Liquor Store
226597 11,514 ALTERNATIVE BUSINESS FURNITURE Capital Under$25,000 City Center Operations
226587 11,117 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie Village Liquor Store
226794 10,832 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie View Liquor Store
226562 10,638 PHILLIPS WINE AND SPIRITS INC Transportation Prairie Village Liquor Store
226790 10,603 INDEPENDENT EMERGENCY SERVICES Equipment Repair&Maint E-911 Program
226654 10,593 JJ TAYLOR DISTRIBUTING MINNESO Beer Den Road Liquor Store
226915 10,193 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie Village Liquor Store
226836 9,727 PHILLIPS WINE AND SPIRITS INC Transportation Den Road Liquor Store
226943 9,591 PHILLIPS WINE AND SPIRITS INC Transportation Prairie Village Liquor Store
1003991 9,560 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Wells
226546 9,162 LIFE INSURANCE COMPANY OF NORT Life Insurance EE/ER Health and Benefits
226713 8,844 WIDMER CONSTRUCTION LLC Equipment Repair&Maint Water System Maintenance
226974 8,839 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie Village Liquor Store
1004028 8,752 ESS BROTHERS&SONS INC Repair&Maint.Supplies Sewer System Maintenance
226542 8,150 KDV INC Audit&Financial Finance
226682 8,073 PHILLIPS WINE AND SPIRITS INC Transportation Prairie Village Liquor Store
1004015 8,056 WALL TRENDS INC Contract Svcs-General Bldg Park Shelters
226759 8,030 COMMERCIAL ASPHALT CO Repair&Maint.Supplies Storm Drainage
226901 7,900 FINLEY BROS INC Improvements to Land Franlo Park
226951 7,750 PROP Other Contracted Services Housing and Community Service
1004111 7,619 METRO SALES INCORPORATED* Other Rentals IT Operating
226957 7,505 SOUTHWEST SUBURBAN CABLE COMMI Dues&Subscriptions City Council
226859 7,407 THYMES TWO INC Contract Svcs-Lawn Maint Arts Center
226780 7,376 GRAYMONT Treatment Chemicals Water Treatment Plant
226908 7,369 GRAYMONT Treatment Chemicals Water Treatment Plant
226603 7,350 BARR ENGINEERING COMPANY Design&Engineering Storm Drainage
226530 7,322 GRAYMONT Treatment Chemicals Water Treatment Plant
226507 7,200 BLACKSTONE CONTRACTORS LLC Other Contracted Services Community Center
1004155 7,123 DAY DISTRIBUTING Beer Prairie Village Liquor Store
226910 6,985 HEINEMAN PAINTING INC Equipment Repair&Maint Water Treatment Plant
226617 6,885 CORNERSTONE CONSTRUCTION SVC'S Due to Other Governments SAC Agency Fund
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
226519 6,516 ENVIRONMENTAL EQUIPMENT&SERV Equipment Repair&Maint Fleet Operating
226940 6,511 PAUSTIS&SONS COMPANY Transportation Prairie Village Liquor Store
1004026 6,418 DAY DISTRIBUTING Misc Taxable Prairie View Liquor Store
1004125 6,250 RIGHTLINE DESIGN LLC Other Contracted Services Communications
226833 6,080 PASS FENCING Other Contracted Services Flying Cloud Fields
226630 5,849 FLEET MAINTENANCE INC Equipment Repair&Maint Fleet Operating
1004096 5,820 HANSEN THORP PELLINEN OLSON Other Contracted Services Park Acquisition&Development
226933 5,778 MINNESOTA SAFETY SERVICES LLC Other Contracted Services Pool Lessons
226764 5,750 DICK WHITBECK MUSIC INC Other Contracted Services July 4th Celebration
226968 5,568 VISION INTERNET PROVIDERS INC Other Contracted Services Communications
1004019 5,545 BIFFS INC Waste Disposal Park Maintenance
1004168 5,499 MENARDS Operating Supplies Street Maintenance
1004074 5,472 BELLBOY CORPORATION Transportation Den Road Liquor Store
226872 5,405 WINE MERCHANTS INC Transportation Den Road Liquor Store
1004016 5,143 A-SCAPE INC Contract Svcs-Lawn Maint Fire Station#4
1004185 4,940 VAN PAPER COMPANY Cleaning Supplies Senior Center
1004142 4,939 XCEL ENERGY Electric Traffic Signals
1004187 4,853 WENCK ASSOCIATES INC Design&Engineering Storm Drainage
226884 4,702 AMERICAN TEST CENTER INC Equipment Testing/Cert. Fire
226513 4,639 CRETEX SPECIALTY PRODUCTS Repair&Maint.Supplies Sewer System Maintenance
226640 4,626 HENNEPIN COUNTY ACCOUNTS RECEI Board of Prisoner Police
226979 4,550 HENNEPIN COUNTY COURT ADMINIST Right of Way&Easement Shady Oak Rd-CR 61 North
226590 4,374 ARENA SOLUTIONS INC Building Facilities Capital
1004068 4,358 2ND WIND EXERCISE Health&Fitness Fire
226898 4,289 ERICKSON ENGINEERING COMPANY L Design&Engineering Engineering
226716 4,076 WINTER EQUIPMENT COMPANY Small Tools Fleet Operating
226835 4,074 PAUSTIS&SONS COMPANY Transportation Den Road Liquor Store
226782 4,070 GREYSTONE CONSTRUCTION COMPANY Other Contracted Services Street Maintenance
226606 3,986 BEST BUY Operating Supplies Fitness Center
1004193 3,866 GENUINE PARTS COMPANY Repair&Maint.Supplies Utility Operations-General
1003964 3,790 CERIDIAN Ceridian IT Operating
226719 3,786 YOUNGSTEDTS COLLISION CENTER Equipment Repair&Maint Fleet Operating
226877 3,768 MADISON NATIONAL LIFE INSURANC Disability Ins Employers Health and Benefits
1004167 3,657 JASPER ENGINEERING&EQUIPMENT Repair&Maint.Supplies Water Treatment Plant
1004017 3,651 ASPEN WASTE SYSTEMS INC. Waste Disposal Fitness/Conference-Cmty Ctr
226701 3,625 TIMBERWALL LANDSCAPE&MASONRY Landscape Materials/Supp Community Center
226789 3,623 IMPACT PROVEN SOLUTIONS Other Contracted Services Sewer Accounting
226649 3,500 IND SCHOOL DISTRICT 272 Other Contracted Services Housing and Community Service
226563 3,488 PIONEER MANUFACTURING COMPANY Operating Supplies Park Maintenance
226534 3,380 HOHENSTEINS INC Beer Prairie View Liquor Store
226559 3,299 NORTHERN AIR CORPORATION Contract Svcs-Plumbing Fire Station#3
226788 3,208 HOHENSTEINS INC Beer Prairie View Liquor Store
1004023 3,188 CENTERPOINT ENERGY Gas Round Lake
226638 3,187 HD SUPPLY WATERWORKS LTD Equipment Parts Water System Maintenance
226972 3,182 WINE MERCHANTS INC Transportation Prairie Village Liquor Store
1003972 3,179 FASTSIGNS Advertising Community Center Admin
226950 3,163 PROP Refunds CDBG-Public Service
1003990 3,146 RIVERS EDGE CONCRETE Building Materials Park Maintenance
226679 3,085 NORTHLAND BUSINESS SYSTEMS Software Maintenance IT Operating
226891 3,039 BLOOMINGTON,CITY OF Kennel Services Animal Control
226722 3,001 POSTAGE BY PHONE RESERVE ACCOU Postage Customer Service
226841 2,986 PROGRESSIVE CONSULTING ENGINEE Design&Engineering Water Treatment Plant
226778 2,959 GOPHER STATE ONE-CALL OCS-Leak Detection Utility Operations-General
226706 2,905 VERIZON WIRELESS Wireless Subscription IT Operating
226945 2,898 PICHA GREENHOUSE Landscape Materials/Supp Park Maintenance
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
226585 2,863 WINE MERCHANTS INC Transportation Prairie Village Liquor Store
1004022 2,857 CDW GOVERNMENT INC. Miscellaneous Police
1004050 2,723 RIVERS EDGE CONCRETE Repair&Maint.Supplies Storm Drainage
226675 2,700 MN TACTICAL OFFICERS ASSOCIATI Tuition Reimbursement/School Police
226715 2,652 WINE MERCHANTS INC Transportation Prairie Village Liquor Store
226888 2,647 BARR ENGINEERING COMPANY Design&Engineering Storm Drainage
1004041 2,609 KUSTOM SIGNALS INC Capital Under$25,000 Police
226623 2,604 DPC INDUSTRIES INC Treatment Chemicals Water Treatment Plant
1004179 2,587 RIVERS EDGE CONCRETE Asphalt Overlay Street Maintenance
226545 2,572 LANO EQUIPMENT INC Equipment Parts Fleet Operating
1004191 2,526 XCEL ENERGY Electric Prairie Village Liquor Store
226568 2,511 RICHFIELD,CITY OF Autos General Government
226610 2,500 BRAT PACK RADIO PROCUCTIONS IN Other Contracted Services July 4th Celebration
226847 2,500 SLAMHAMMER SOUND CO,INC Other Contracted Services July 4th Celebration
226664 2,491 LIGHTNING PRINTING INC Printing Staring Lake Concert
1004161 2,476 GRAINGER Supplies-General Bldg Fitness/Conference-Cmty Ctr
226512 2,446 CRETEX CONCRETE PRODUCTS MIDWE Repair&Maint.Supplies Storm Drainage
226954 2,435 SHORT ELLIOTT HENDRICKSON INC Design&Engineering Storm Drainage
1004126 2,400 RIVERS EDGE CONCRETE Asphalt Overlay Street Maintenance
226555 2,366 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Lake
226868 2,359 VOLT Other Contracted Services Storm Drainage
226926 2,350 MEALS ON WHEELS Other Contracted Services Housing and Community Service
226886 2,345 ARTISAN BEER COMPANY Beer Prairie Village Liquor Store
1004148 2,255 BELLBOY CORPORATION Transportation Prairie Village Liquor Store
1004156 2,183 EMERGENCY APPARATUS MAINTENANC Equipment Repair&Maint Fire
226871 2,150 WELLS FARGO BANK MINNESOTA NA Paying Agent 2007A Facility Lease-3rd Rink
226902 2,148 FIRENET SYSTEMS INC Building Repair&Maint. Utility Operations-General
226964 2,146 UNIFORMS UNLIMITED Clothing&Uniforms Police
226795 2,144 JOHN DEERE LANDSCAPES/LESCO Repair&Maint.Supplies Park Maintenance
226491 2,144 RICHFIELD,CITY OF Autos Public Works
226569 2,144 RICHFIELD,CITY OF Autos Park and Recreation
226686 2,126 RICHFIELD,CITY OF Autos Fleet Operating
226689 2,126 RICHFIELD,CITY OF Autos Park and Recreation
226558 2,100 MPX GROUP,THE Printing Senior Center Admin
226863 2,100 TWIN CITIES FANTASY FACTORY LL Other Contracted Services July 4th Celebration
1004038 2,043 IDENTISYS Other Hardware IT Operating
226681 2,023 PAUSTIS&SONS COMPANY Transportation Prairie View Liquor Store
226529 2,020 GRAPE BEGINNINGS Transportation Prairie Village Liquor Store
1003999 2,019 VINOCOPIA Transportation Prairie Village Liquor Store
1004014 2,011 VAN PAPER COMPANY Cleaning Supplies City Hall-CAM
226853 1,983 STEVE LUCAS PHOTOGRAPHY Operating Supplies Fire
1004165 1,973 INTERSTATE POWER SYSTEMS INC Equipment Repair&Maint Water Wells
1004075 1,935 CARDIAC SCIENCE CORPORATION EMS Supplies Fire
226503 1,913 BARR ENGINEERING COMPANY Design&Engineering Storm Drainage
226923 1,905 MASIMO AMERICAS INC Other Contracted Services Fire
226552 1,863 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie Village Liquor Store
1004188 1,860 WINE COMPANY,THE Transportation Prairie Village Liquor Store
226543 1,836 KEEPERS Clothing&Uniforms Fire
226938 1,827 NORTHWESTERN POWER EQUIPMENT C Repair&Maint.Supplies Water Treatment Plant
226602 1,822 ATHERTON HO ASSOCIATION AR Utility Water Enterprise Fund
226791 1,820 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund
226708 1,796 VOLT Other Contracted Services Storm Drainage
1004131 1,760 STREICHERS Clothing&Uniforms Police
1003988 1,760 PETERSON BROS ROOFING AND CONS Contract Svcs-Roof Public Works/Parks
226561 1,740 PAUSTIS&SONS COMPANY Transportation Prairie Village Liquor Store
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
1004094 1,682 GRAINGER Supplies-HVAC City Center Operations
1004139 1,680 WINE COMPANY,THE Wine Domestic Prairie Village Liquor Store
1003962 1,632 BELLBOY CORPORATION Transportation Prairie Village Liquor Store
1004011 1,630 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance
1004104 1,608 LAWN RANGER,INC,THE Contract Svcs-Lawn Maint. City Hall-CAM
226959 1,592 ST CROIX TREE SERVICE INC Other Contracted Services Tree Removal
226670 1,584 MHSRC/RANGE Tuition Reimbursement/School Police
226970 1,575 VOLT Other Contracted Services Storm Drainage
1003979 1,570 JOHN HENRY FOSTER MINNESOTA IN Equipment Repair&Maint Water Treatment Plant
226904 1,542 GERTENS Chemicals Park Maintenance
226937 1,536 NORTHERN TOOL Equipment Repair&Maint Traffic Signals
226658 1,528 KEEPERS Clothing&Uniforms Reserves
226850 1,513 SPECIALIZED ENVIRONMENTAL TECH Landscape Materials/Supp Park Maintenance
1004173 1,499 NEW WORLD SYSTEMS Other Assets CIP-Bonds
226797 1,443 KEEPERS Clothing&Uniforms Fire
1004062 1,442 VAN PAPER COMPANY Cleaning Supplies Fitness/Conference-Cmty Ctr
226629 1,435 FIRE SAFETY USA INC Protective Clothing Fire
226493 1,433 STATE OF MINNESOTA Autos Police
226614 1,429 CLIMB THEATRE Instructor Service Safety Camp
226825 1,427 NEREM,KURT Other Contracted Services Rehab
1004107 1,425 LYNDALE PLANT SERVICES Contract Svcs-Int.Landscape City Hall-CAM
1004190 1,399 WORK CONNECTION,THE Other Contracted Services Park Maintenance
226500 1,376 ARTISAN BEER COMPANY Beer Den Road Liquor Store
1004003 1,373 WORK CONNECTION,THE Other Contracted Services Park Maintenance
1004070 1,366 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Fitness/Conference-Cmty Ctr
226849 1,334 SOUTHWEST SUBURBAN PUBLISHING- Advertising Prairie Village Liquor Store
1004112 1,305 MICHAELSON,ELIZABETH H Operating Supplies Summer Theatre
1003998 1,303 USA MOBILITY WIRELESS INC Pager&Cell Phone IT Operating
226958 1,285 SPIRIT APPAREL&STUFF Clothing&Uniforms Birthday Parties
1004065 1,252 WINE COMPANY,THE Transportation Prairie Village Liquor Store
226592 1,251 COSTCO Miscellaneous Special Initiatives
226919 1,236 KODIAK CUSTOM LETTERING INC Clothing&Uniforms Concessions
226914 1,235 IN THE COMPANY OF KIDS Other Contracted Services CC-New Adaptive
226892 1,216 BUSINESS IMPACT GROUP Clothing&Uniforms Fire
1004162 1,216 HACH COMPANY Lab Supplies Water Treatment Plant
1004140 1,204 WM MUELLER AND SONS INC Gravel Sewer System Maintenance
1004049 1,201 PROSOURCE SUPPLY Supplies-General Bldg Pool Maintenance
226554 1,197 MINNESOTA PIPE AND EQUIPMENT* Equipment Parts Water System Maintenance
1004033 1,192 GRAINGER Supplies-HVAC Fitness/Conference-Cmty Ctr
1004000 1,189 WATSON CO INC,THE Merchandise for Resale Concessions
226922 1,163 LONG,THOMAS Refunds Storm Drainage
1004130 1,153 SRF CONSULTING GROUP INC Design&Engineering Improvement Projects 2006
226521 1,125 FINLEY BROS INC Other Contracted Services Flying Cloud Fields
226549 1,100 MAXIMUM SOLUTIONS INC Operating Supplies Ice Rink#3
1004141 1,098 WORK CONNECTION,THE Other Contracted Services Park Maintenance
226935 1,098 NORTH CENTRAL LABORATORIES Lab Supplies Water Treatment Plant
226784 1,087 HENNEPIN COUNTY I/T DEPT Equipment Repair&Maint Public Safety Communications
226852 1,065 STAPLES ADVANTAGE Supplies-General Building City Center Operations
4773 1,059 CERIDIAN Garnishment Withheld General Fund
226735 1,045 ARTISAN BEER COMPANY Beer Den Road Liquor Store
226743 1,028 BOURGET IMPORTS Transportation Den Road Liquor Store
1004063 1,026 VINOCOPIA Transportation Prairie View Liquor Store
4765 1,025 CERIDIAN Garnishment Withheld General Fund
226520 1,024 FIETEK,CHRIS Tuition Reimbursement/School Organizational Services
226787 1,024 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
1004064 1,018 WALL TRENDS INC Contract Svcs-Gen.Bldg City Center Operations
226949 1,014 PRAIRIE RESTORATIONS INC Other Contracted Services Storm Drainage
226969 1,000 VISION LANDSCAPE INC Other Contracted Services Rehab
226721 941 PETTY CASH
226855 932 STORMS WELDING&MFG INC. Capital Under$25,000 Riley Lake
226955 932 SIGNATURE MEDIA GROUP INC Asphalt Overlay Street Maintenance
226911 905 HOHENSTEINS INC Beer Den Road Liquor Store
226644 900 HOUTZ,STEPHEN J Other Contracted Services Summer Theatre
226947 899 PITNEY BOWES Postage Customer Service
1003967 889 DAKOTA SUPPLY GROUP INC Merchandise for Resale Water Metering
226738 889 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating
1004136 847 VINOCOPIA Transportation Den Road Liquor Store
226965 842 US HEALTH WORKS MEDICAL GRP MN Health&Fitness Fire
226894 841 CRETEX SPECIALTY PRODUCTS Repair&Maint.Supplies Sewer System Maintenance
226766 835 DISPLAY SALES Supplies-General Building City Center Operations
226600 825 ARTISAN BEER COMPANY Beer Prairie Village Liquor Store
226627 820 ESCH CONSTRUCTION SUPPLY INC Repair&Maint.Supplies Storm Drainage
226899 820 ESCH CONSTRUCTION SUPPLY INC Repair&Maint.Supplies Storm Drainage
226774 818 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance
226726 805 ACCELERATED TECHNOLOGIES LLC Video&Photo Supplies Fitness Center
226646 800 IND SCHOOL DIST 272 Gym Rental Volleyball
226547 798 LIGHTNING PRINTING INC Printing Assessing
1004175 796 PAUL'S TWO-WAY RADIO Other Contracted Services Public Safety Communications
1003984 789 MENARDS Supplies-Plumbing Fitness/Conference-Cmty Ctr
1004086 788 ETHANOL PRODUCTS LLC Treatment Chemicals Water Treatment Plant
226747 786 BUSINESS IMPACT GROUP Clothing&Uniforms Fire
226730 781 AMERIPRIDE LINEN&APPAREL SER Operating Supplies Fire
226641 778 HOHENSTEINS INC Beer Den Road Liquor Store
1004186 766 WATSON CO INC,THE Merchandise for Resale Concessions
226928 758 MIDWEST OVERHEAD CRANE Equipment Repair&Maint Water Treatment Plant
1004135 755 VAN PAPER COMPANY Cleaning Supplies Fitness/Conference-Cmty Ctr
1004025 751 CONNEY SAFETY PRODUCTS Office Supplies Customer Service
226635 750 GERTENS Landscape Materials/Supp Capital Maint.&Reinvestment
226779 749 GRAPE BEGINNINGS Transportation Den Road Liquor Store
1004121 748 PETERSON BROS ROOFING AND CONS Contract Svcs-Roof Fire Station#1
226792 747 ISD 272 Building Rental Winter Theatre
226830 741 OUTDOOR ENVIRONMENTS INC Other Contracted Services Park Maintenance
226527 737 GE CAPITAL Other Rentals IT Operating
226760 735 COMMERCIAL OFFICE INTERIORS Equipment Repair&Maint Fire
1004089 732 FASTENAL COMPANY Operating Supplies Park Maintenance
1003966 729 CLAREY'S SAFETY EQUIPMENT Office Supplies Customer Service
226768 716 EARL F ANDERSEN INC Signs Traffic Signs
226834 700 PAUL,CYRIL Other Contracted Services July 4th Celebration
1003959 691 ASPEN EQUIPMENT CO. Equipment Repair&Maint Fleet Operating
1004102 685 JOHN HENRY FOSTER MINNESOTA IN Maintenance Contracts Water Treatment Plant
226804 682 LIGHTNING PRINTING INC Printing Fire
226550 682 MEDICINE LAKE TOURS Special Event Fees Trips
1004092 681 GINA MARIAS INC Operating Supplies Fire
226695 672 STEVENS ENGINEERS Other Contracted Services Facilities Capital
226864 667 UNIFORMS UNLIMITED Clothing&Uniforms Animal Control
226609 665 BOURGET IMPORTS Transportation Prairie View Liquor Store
226832 651 OXYGEN SERVICE COMPANY Operating Supplies Fire
226668 650 MAECK,TOM Other Contracted Services Summer Theatre
1004030 642 FASTSIGNS Advertising July 4th Celebration
1004152 642 CENTERPOINT ENERGY Gas Crestwood Park
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
226652 630 ITL PATCH COMPANY INC Awards Safety Camp
1004083 628 DREW'S CONCESSIONS LLC Merchandise for Resale Concessions
226907 627 GRAPE BEGINNINGS Transportation Prairie Village Liquor Store
226591 625 BROTHERS FIRE PROTECTION Contract Svcs-Fire/Life/Sfty City Hall-CAM
1004032 621 G&K SERVICES Clothing&Uniforms Facilities Staff
226539 620 JOHN DEERE LANDSCAPES/LESCO Repair&Maint.Supplies Park Maintenance
226596 620 ADVANCED IRRIGATION INC Other Contracted Services Flying Cloud Fields
226927 616 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie Village Liquor Store
226653 600 JANETSKI,BETH Other Contracted Services Summer Theatre
226845 600 SCOTT COUNTY TREASURER Tuition Reimbursement/School Police
226889 596 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating
1004031 577 FILTRATION SYSTEMS Supplies-HVAC Fitness/Conference-Cmty Ctr
226506 571 BERNICK'S WINE Beer Prairie View Liquor Store
226931 571 MINNESOTA PIPE AND EQUIPMENT* Equipment Parts Water System Maintenance
226857 569 SUBURBAN TIRE WHOLESALE INC Tires Fleet Operating
1004171 569 MINNESOTA CLAY CO.USA Operating Supplies Arts Center
226862 562 TRUE FABRICATIONS Misc Taxable Prairie Village Liquor Store
1004115 560 MINNESOTA ROADWAYS CO Patching Asphalt Street Maintenance
1004090 558 FASTSIGNS Printing Summer Theatre
226595 557 3D SPECIALTIES Signs Traffic Signs
226814 554 MIDWEST COCA COLA BOTTLING COM Merchandise for Resale Concessions
226909 554 HD SUPPLY WATERWORKS LTD Operating Supplies Park Maintenance
226829 544 OLSEN COMPANIES Small Tools Traffic Signs
1004058 543 THE OASIS GROUP Employee Assistance Organizational Services
226669 540 MERIT ELECTRIC COMPANY Video&Photo Supplies Fitness Center
1004093 540 GOVDELIVERY Software Maintenance IT Operating
226739 523 BERNICK'S WINE Misc Non-Taxable Prairie View Liquor Store
1004037 521 HIRSHFIELD'S Repair&Maint.Supplies Water Treatment Plant
226783 517 HD SUPPLY WATERWORKS LTD Small Tools Fire
1004088 516 FACTORY MOTOR PARTS COMPANY Equipment Parts Fleet Operating
226648 512 IND SCHOOL DIST 272 Building Rental Summer Theatre
1004002 512 WM MUELLER AND SONS INC Patching Asphalt Street Maintenance
1004176 512 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical City Hall-CAM
226537 511 INFRATECH Repair&Maint.Supplies Utility Operations-General
1004163 505 HD SUPPLY FACILITIES MAINTENAN Supplies-General Bldg Police City Center
226643 502 HOME DEPOT CREDIT SERVICES Cleaning Supplies Outdoor Center Facilities
226535 500 HORIZON CPO SEMINARS Conference/Training Facilities Staff
226815 500 MINDMIXER Other Contracted Services Communications
226823 500 MRPA Other Contracted Services Community Center Admin
226854 500 STEVIE RAY'S IMPROV COMPANY Other Contracted Services Staring Lake Concert
226880 500 ACROSS THE STREET PRODUCTIONS Tuition Reimbursement/School Fire
1003969 497 EMERGENCY APPARATUS MAINTENANC Equipment Repair&Maint Fire
1004040 495 KLIMA,JULIE Conference/Training Planning
226936 491 NORTHERN AIR CORPORATION Contract Svcs-Plumbing Fitness/Conference-Cmty Ctr
1004170 490 MIDWEST ASPHALT CORPORATION Waste Blacktop/Concrete Street Maintenance
226731 481 ANCOM COMMUNICATIONS INC Equipment Repair&Maint Public Safety Communications
226571 480 SHAMROCK GROUP,INC-ACE ICE Misc Non-Taxable Prairie Village Liquor Store
226769 479 EDEN PRAIRIE CHAMBER OF COMMER Advertising Prairie Village Liquor Store
226740 476 BERRY COFFEE COMPANY Merchandise for Resale Concessions
1003987 476 MIDWEST ASPHALT CORPORATION Waste Blacktop/Concrete Street Maintenance
226692 467 SPEEDPRO IMAGING INC Operating Supplies Ice Rink#1
226866 467 US HEALTH WORKS MEDICAL GRP MN Health&Fitness Fire
226594 464 PETTY CASH-POLICE DEPT
226767 455 DNR Clothing&Uniforms Summer Theatre
226844 450 SCHOOL BUS TRAINING COMPANY Tuition Reimbursement/School Fire
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
226518 448 EDEN PRAIRIE ROTARY CLUB Dues&Subscriptions Fire
226896 447 DEPARTMENT OF HUMAN SERVICES Other Contracted Services Park Maintenance
1004046 447 MIDWEST ASPHALT CORPORATION Waste Blacktop/Concrete Street Maintenance
226700 446 THUNDERBIRD AVIATION,INC Deposits Escrow
226582 444 US HEALTH WORKS MEDICAL GRP MN Employment Support Test Organizational Services
226777 440 GE CAPITAL Other Rentals IT Operating
226523 438 FLEET MAINTENANCE INC Equipment Repair&Maint Fleet Operating
1004072 436 AMERITRAK Other Contracted Services Snow&Ice Control
1004113 434 MIDWEST ASPHALT CORPORATION Waste Blacktop/Concrete Street Maintenance
226842 434 PROP United Way Withheld General Fund
226504 431 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating
1003960 430 ASPEN WASTE SYSTEMS INC. Waste Disposal Utility Operations-General
1003996 428 TWIN CITY SEED CO Landscape Materials/Supp Park Maintenance
226705 427 US HEALTH WORKS MEDICAL GRP MN Employment Support Test Organizational Services
226939 425 NOVAK STUMP REMOVAL Other Contracted Services Tree Removal
1004027 422 DIVERSE BUILDING MAINTENANCE Janitor Service Den Road Liquor Store
226677 417 NEW AMERICAN ACADEMY Other Contracted Services Housing and Community Service
1004034 414 GREATAMERICA FINANCIAL SVCS Postage Customer Service
1004129 414 SHRED-IT USA MINNEAPOLIS Waste Disposal City Center Operations
1004029 411 FASTENAL COMPANY Small Tools Fleet Operating
1004021 410 BRAUN INTERTEC CORPORATION Testing-Soil Boring CIP Pavement Management
226536 409 IN-FOCUS SYSTEMS LLC Operating Supplies Police
226967 408 VINE LINE DISTRIBUTION LLC Transportation Prairie Village Liquor Store
1004105 405 LEROY JOB TRUCKING INC Other Contracted Services Animal Control
226786 401 HENNEPIN COUNTY TREASURER Licenses,Permits,Taxes,Fees Round Lake
226781 400 GREEN MEADOWS INC Other Contracted Services Park Maintenance
226846 399 SHAMROCK GROUP,INC-ACE ICE Transportation Den Road Liquor Store
1004109 393 MENARDS Building Materials Street Maintenance
226517 389 EDEN PRAIRIE MALL LLC Building Rental Police
226771 389 EDEN PRAIRIE MALL LLC Building Rental Police
1003965 385 CITI-CARGO&STORAGE CO,INC Other Rentals Summer Theatre
1004066 383 WM MUELLER AND SONS INC Patching Asphalt Street Maintenance
1004103 380 KIDCREATE STUDIO Instructor Service Arts Center
226584 375 WATER CONSERVATION SERVICES IN Other Contracted Services Water System Maintenance
1003978 374 HIRSHFIELD'S Repair&Maint.Supplies Water Treatment Plant
226498 368 AL&ALMA'S SUPPER CLUB AND CH Special Event Fees Trips
226576 366 SUBURBAN CHEVROLET Equipment Parts Fleet Operating
226622 363 DISCOUNT TIRE Tires Fleet Operating
226650 350 INFORMATION POLICY ANALYSIS Tuition Reimbursement/School Police
226858 350 SUPERIOR STRIPING INC Building Repair&Maint. Utility Operations-General
1004098 341 HEFFERAN,CINDI Operating Supplies Day Care
1004118 341 NEW FRANCE WINE COMPANY Transportation Den Road Liquor Store
1004087 339 EXTREME BEVERAGE Wine Domestic Den Road Liquor Store
226611 336 BROTHERS FIRE PROTECTION Contract Svcs-Fire/Life/Sfty City Hall-CAM
226953 335 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie Village Liquor Store
226657 329 JOHNSTONE SUPPLY Supplies-HVAC Public Works/Parks
1003971 326 FASTENAL COMPANY Operating Supplies Park Maintenance
226663 325 LAWSON,APRIL R Other Contracted Services Summer Theatre
226918 324 KEEPERS Clothing&Uniforms Police
226751 321 CENTURYLINK Telephone E-911 Program
1004099 321 HIRSHFIELD'S Repair&Maint.Supplies Water Treatment Plant
226556 317 MINNESOTA WANNER COMPANY Equipment Repair&Maint Park Maintenance
1003994 317 TOTAL FILTRATION SERVICES INC Supplies-Plumbing Garden Room Repairs
226875 315 YOUSUF,ISTAHIL Deposits-P&R Refunds Community Center Admin
1004043 306 MCQUAY INTERNATIONAL Supplies-HVAC City Hall-CAM
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
1004137 304 WATSON CO INC,THE Merchandise for Resale Concessions
1004013 303 PROSOURCE SUPPLY Cleaning Supplies Fitness/Conference-Cmty Ctr
226509 301 CENTURYLINK Telephone IT Telephone
1004018 301 BATTERIES PLUS Supplies-General Bldg City Hall-CAM
226566 300 QUALITY REFRIGERATION Contract Svcs-HVAC Fitness/Conference-Cmty Ctr
226577 300 SUMMIT FIRE PROTECTION Contract Svcs-Fire/Life/Safe City Center Operations
226930 300 MINNESOTA MUNICIPAL BEVERAGE A Conference/Training Prairie Village Liquor Store
226655 296 JOHN DEERE LANDSCAPES/LESCO Landscape Materials/Supp Street Maintenance
226775 293 FREUDENBERG,JASON A Deposits Escrow
1003975 293 HACH COMPANY Laboratory Chemicals Water Treatment Plant
226960 290 STAPLES ADVANTAGE Office Supplies Customer Service
226963 286 TIMBERWALL LANDSCAPE&MASONRY Landscape Materials/Supp Community Center
1004144 284 AMERICAN SOLUTIONS FOR BUSINES Clothing&Uniforms Pool Operations
226906 283 GRAND PERE WINES INC Transportation Prairie Village Liquor Store
1004183 282 STREICHERS Clothing&Uniforms Police
226860 281 TIES,BRYCE C Deposits Escrow
1003983 280 MCQUAY INTERNATIONAL Contract Svcs-HVAC City Hall-CAM
226598 278 AMERICAN BOTTLING COMPANY,THE Misc Taxable Prairie View Liquor Store
1004153 277 CONNEY SAFETY PRODUCTS Office Supplies Customer Service
1004100 276 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance
226883 275 AMERICAN BOTTLING COMPANY,THE Misc Taxable Prairie View Liquor Store
226605 275 BECKER ARENA PRODUCTS INC Repair&Maint-Ice Rink Ice Arena Maintenance
226612 275 BURKE,DENNIS Canine Supplies Police
226541 273 KAISER,DAVID S Equipment Repair&Maint Fitness Center
226683 271 PINNACLE DISTRIBUTING Misc Taxable Prairie View Liquor Store
1004057 270 STREICHERS Clothing&Uniforms Police
1004108 268 MATHESON TRI-GAS INC Repair&Maint.Supplies Water Treatment Plant
1004145 268 ARVIDSON,JAKE Mileage&Parking Tree Disease
1004160 261 G&K SERVICES Clothing&Uniforms Storm Drainage
1003981 258 LANDS END CORPORATE SALES Clothing&Uniforms Police
226651 257 INFRATECH Repair&Maint.Supplies Water System Maintenance
226707 257 VERSATILE VEHICLES INC Other Rentals July 4th Celebration
226742 256 BLOOMINGTON SECURITY SOLUTIONS Contract Svcs-Security Dunn Brothers
1004084 256 EDEN PRAIRIE FIREFIGHTER'S REL Union Dues Withheld General Fund
226702 253 TITAN ENERGY SYSTEMS Contract Svcs-Fire/Life/Safe Fitness/Conference-Cmty Ctr
226709 250 WALDRON,KEN Refunds Environmental Education
226734 250 ARMOUR,CYNTHIA J Other Contracted Services July 4th Celebration
226900 250 ETHICAL LEADERS IN ACTION LLC Legal Fire
1003974 247 GRAINGER Cleaning Supplies Utility Operations-General
1004150 244 BOUNDLESS NETWORK Operating Supplies Birthday Parties
226578 241 TESSMAN SEED CO Landscape Materials/Supp Street Maintenance
226802 240 LAKE COUNTRY DOOR LLC Contract Svcs-General Bldg Public Works/Parks
226840 238 PREMIUM WATERS INC Operating Supplies Fire
1004178 235 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating
226634 232 GE CAPITAL Other Rentals IT Operating
226532 230 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning
226508 227 BOURGET IMPORTS Transportation Prairie Village Liquor Store
1004124 227 RCM&ASSOCIATES Office Supplies Customer Service
1004069 226 A TO Z RENTAL CENTER Other Rentals Wine Club
226574 225 STAR Dues&Subscriptions Facilities Staff
226762 224 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund
226588 220 MEGGITT,TERRY Dues&Subscriptions Human Resources
1003985 220 METRO FIRE Repair&Maint.Supplies Fire
1004012 219 MENARDS Supplies-Plumbing City Center Operations
226625 216 EDEN PRAIRIE COMMUNITY EDUCATI Instructor Service Senior Center Programs
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
226557 214 MINT CONDITION DETAILING INC Equipment Repair&Maint Fleet Operating
1004110 213 METRO FIRE Protective Clothing Fire
1004159 213 FEDEX KINKO'S OFFICE AND PRINT Printing Water System Maintenance
226758 212 COMCAST Operating Supplies Fire
1004009 211 DIVERSE BUILDING MAINTENANCE Janitor Service Prairie View Liquor Store
226511 211 COMCAST Wireless Subscription IT Operating
1004048 210 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Fitness/Conference-Cmty Ctr
226499 208 AMERIPRIDE LINEN&APPAREL SER Janitor Service Prairie Village Liquor Store
226806 208 LKQ MINNESOTA INC Equipment Parts Fleet Operating
226524 208 FLORELL,TODD Refunds Environmental Education
226856 206 STRAND MANUFACTURING CO INC Equipment Parts Water Treatment Plant
226496 204 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs
1004036 203 HD SUPPLY FACILITIES MAINTENAN Small Tools Facilities Staff
226893 203 CONTINENTAL RESEARCH CORPORATI Building Repair&Maint. Park Maintenance
226865 202 UNITED WAY United Way Withheld General Fund
226816 201 MINNESOTA CONWAY Operating Supplies Fire
1004024 201 CLAREY'S SAFETY EQUIPMENT Office Supplies Customer Service
226633 201 GAS TANK RENU OF MINNESOTA Equipment Repair&Maint Fleet Operating
226613 200 BYE,THOMAS Building Materials Staring Lake
226616 200 CORNELL,MARCIA LYNNE Other Contracted Services Summer Theatre
226642 200 HOIGAARD'S CUSTOM CANVAS Equipment Repair&Maint Water Treatment Plant
226671 200 MINNESOTA DEPARTMENT OF NATURA Other Rentals Staring Lake
226812 200 MEDICINE LAKE TOURS Special Event Fees Trips
226820 198 MORTINSON,SALLY Instructor Service Senior Center Programs
1004080 198 DE LAGE LANDEN FINANCIAL SERVI Other Rentals IT Operating
226604 198 BATTLE LAKE SENIOR CARD PROJEC Supply-Greeting Cards Senior Board
1004177 196 PROSOURCE SUPPLY Janitor Service Fitness/Conference-Cmty Ctr
1004189 190 WM MUELLER AND SONS INC Patching Asphalt Street Maintenance
226942 190 PETSMART Canine Supplies Police
1004143 185 A TO Z RENTAL CENTER Other Rentals Community Center
226843 183 RETROFIT RECYCLING INC Supplies-Electrical City Hall-Direct Costs
226932 180 MINNESOTA POST BOARD Licenses&Taxes Police
1003961 180 BANK BEER CO Beer Den Road Liquor Store
226607 179 BLOOMINGTON SECURITY SOLUTIONS Operating Supplies Park Maintenance
226693 179 STAPLES ADVANTAGE Office Supplies Customer Service
1004007 176 ASPEN WASTE SYSTEMS INC. Waste Disposal Den Bldg.-CAM
226599 173 AMERIPRIDE LINEN&APPAREL SER Janitor Service Prairie View Liquor Store
226885 173 AMERIPRIDE LINEN&APPAREL SER Janitor Service Den Road Liquor Store
226756 170 COMCAST Operating Supplies Fire
1004005 168 HD SUPPLY FACILITIES MAINTENAN Cleaning Supplies City Center Operations
226619 167 DALE GREEN COMPANY,THE Landscape Materials/Supp Park Maintenance
226763 167 DALE GREEN COMPANY,THE Asphalt Overlay Street Maintenance
226573 164 SPORTS WORLD USA INC Operating Supplies Ice Rink#1
1004119 164 NORCOSTCO Operating Supplies Summer Theatre
226727 162 AERO DRAPERY AND BLIND Contract Svcs-General Bldg Fitness/Conference-Cmty Ctr
1004001 161 WITT,BETH Operating Supplies Riley Lake Beach
226757 161 COMCAST Operating Supplies Fire
1004127 160 SCRAP METAL PROCESSORS INC Waste Disposal Fleet Operating
1004056 160 STOCKWELL,WENDELL Operating Supplies Inspections-Administration
226824 159 MURUGAPPAN,SINGARAM Deposits-P&R Refunds Community Center Admin
1004010 158 GRAINGER Supplies-HVAC Fitness/Conference-Cmty Ctr
1004101 158 JASON'S DELI Operating Supplies Police
1004044 157 MENARDS Supplies-Plumbing Fire Station#5
1004169 156 METRO SALES INCORPORATED* Operating Supplies Prairie Village Liquor Store
1004157 156 EXTREME BEVERAGE Misc Taxable Prairie Village Liquor Store
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
226753 155 COMCAST Operating Supplies Fire
226724 154 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs
226703 153 UNIFORMS UNLIMITED Clothing&Uniforms Animal Control
226618 153 CUB FOODS EDEN PRAIRIE Operating Supplies Police
226765 151 DIRECTV Cable TV Community Center Admin
226531 150 HACKETT&ASSOCIATES Deposits-P&R Refunds Community Center Admin
226665 150 LOATS,KATHY Refunds Environmental Education
226961 150 SWAIM,GREG Refunds Environmental Education
1004134 150 USA SECURITY Maintenance Contracts Water Treatment Plant
1004180 150 SEVENICH,WENDY Operating Supplies Gymnasium(CC)
4779 150 OPTUM HEALTH Other Contracted Services Health and Benefits
226821 148 MPX GROUP,THE Printing Fire
226548 147 MAAS,JERRY Special Event Fees Trips
226647 144 IND SCHOOL DIST 272 Building Rental Community Band
1004116 142 MINTON,NICOLE Operating Supplies New Adaptive
1003986 139 METRO SALES INCORPORATED* Equipment Repair&Maint IT Operating
226581 139 UNIVERSAL ATHLETIC SERVICES IN Operating Supplies Park Maintenance
226831 135 OUTDOORS AGAIN INC Other Contracted Services Park Maintenance
226897 135 DISPLAY SALES Supplies-General Bldg Park Shelters
1004061 135 TWIN CITY SEED CO Operating Supplies Street Maintenance
226818 134 MOBILE RADIO ENGINEERING INC Equipment Repair&Maint Public Safety Communications
226725 132 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs
1003977 129 HEFFERAN,CINDI Operating Supplies Special Initiatives
226785 129 HENNEPIN COUNTY PUBLIC RECORDS Network Support IT Operating
226913 128 IDEA CREEK LLC,THE Operating Supplies Fire
226941 128 PETSMART Canine Supplies Police
226723 128 440400-NCPERS MINNESOTA PERA Health and Benefits
226975 128 YOUSUF,ISTAHIL Deposits-P&R Refunds Community Center Admin
226515 125 DIAMOND,KATHY Deposits-P&R Refunds Community Center Admin
226929 124 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance IT Operating
1004117 124 MITCHELL,SANDY Office Supplies Police
226799 124 KRAMEN,KRISTOPHER AR Utility Water Enterprise Fund
226810 123 MARSCH,KARI Deposits-P&R Refunds Community Center Admin
1004020 123 BOBBY&STEVE'S AUTO WORLD EDE Equipment Repair&Maint Police
226712 123 WHEELER LUMBER LLC Building Materials Park Maintenance
1004149 123 BENNING,JEFFREY Mileage&Parking Tree Disease
226946 122 PINNACLE DISTRIBUTING Wine Domestic Den Road Liquor Store
1004006 121 QUALITY PROPANE Motor Fuels 3rd Sheet of Ice
226714 120 WILEY LAW OFFICE PLLC,THE Legal Legal Council
1003995 120 TRI COUNTY BEVERAGE&SUPPLY Misc Non-Taxable Prairie Village Liquor Store
226728 116 AFFILIATED EMERGENCY VETERINAR Other Contracted Services Animal Control
226952 116 SCHEPPMANN,DENNIS Deposits-P&R Refunds Community Center Admin
226673 115 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service
1003976 115 HD SUPPLY FACILITIES MAINTENAN Supplies-Plumbing Fitness/Conference-Cmty Ctr
226525 114 FRICKE&SONS SOD INC Landscape Materials/Supp Street Maintenance
226861 114 TLO LLC Other Contracted Services Police
1003980 113 KUSTOM SIGNALS INC Equipment Repair&Maint Police
226750 113 CARLSON,RAYMOND AR Utility Water Enterprise Fund
226497 112 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs
226746 112 BURNS,CINDY Deposits-P&R Refunds Community Center Admin
226510 111 CMI INC Miscellaneous DWI Forfeiture
1004122 106 QUALITY PROPANE Gas 3rd Sheet of Ice
226516 105 DIEDRICK,GAIL Deposits-P&R Refunds Community Center Admin
226632 104 G&K SERVICES-MPLS INDUSTRIAL Other Contracted Services Park Maintenance
1004166 103 JASON'S DELI Operating Supplies Reserves
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
1004097 103 HD SUPPLY FACILITIES MAINTENAN Building Repair&Maint. Utility Operations-General
1003992 103 STREICHERS Training Supplies Police
226934 102 MINNESOTA WANNER COMPANY Equipment Repair&Maint Park Maintenance
226621 102 DIRECTV Cable TV Community Center Admin
226620 100 DEWEY,DOUG Refunds Environmental Education
226645 100 HOVEY,LORELIE Refunds Environmental Education
226660 100 KRAFT,MATTHEW E Other Contracted Services Summer Theatre
226676 100 MUNSON,SUSAN Refunds Environmental Education
226680 100 OLSON,JAVIN Refunds Environmental Education
226691 100 SIMMONS,RICHARD Refunds Environmental Education
226773 100 FIRE SAFETY USA INC Repair&Maint.Supplies Fire
226881 100 AHMED,SHABEER Refunds Environmental Education
226921 100 LIPPA,DANIEL Refunds Environmental Education
226944 100 PLANT,JASON Refunds Environmental Education
1004114 100 MINNESOTA RECREATION&PARK AS Advertising Recreation Admin
226748 100 CALIFORNIA CONTRACTORS SUPPLIE Operating Supplies Utility Operations-General
1004158 99 FASTENAL COMPANY Equipment Parts Fleet Operating
226575 99 STEEN,JILLIAN Deposits-P&R Refunds Community Center Admin
226626 99 ELIASEN,ALBERT Deposits-P&R Refunds Community Center Admin
226505 97 BELL,SAMETRA Deposits-P&R Refunds Community Center Admin
226800 95 LACY,JANICE AR Utility Water Enterprise Fund
226553 95 MINNESOTA CONWAY Operating Supplies Fire
1003989 95 RAHIMI,RENEE Tuition Reimbursement/School Fitness Classes
226971 94 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating
226890 94 BLOOMINGTON SECURITY SOLUTIONS Safety Supplies Utility Operations-General
1004146 94 ASPEN EQUIPMENT CO. Equipment Repair&Maint Fleet Operating
1004091 93 FERRELLGAS Equipment Parts Fleet Operating
226811 92 MATSON,TOM Small Tools Fleet Operating
226966 90 VERIZON WIRELESS Telephone E-911 Program
226749 90 CAMPBELL KNUTSON,P.A. Legal WAFTA
226514 90 DALE GREEN COMPANY,THE Landscape Materials/Supp Park Maintenance
226710 87 WEBB,CHAUNTEL Deposits-P&R Refunds Community Center Admin
1003970 86 EXTREME BEVERAGE Misc Taxable Prairie Village Liquor Store
1004120 85 NUCO2 INC Supplies-Pool Pool Maintenance
226495 85 3D SPECIALTIES Operating Supplies Traffic Signs
226878 84 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs
226601 81 AT&T MOBILITY Pager&Cell Phone Water System Maintenance
1004154 80 DAVIS,HEATHER Mileage&Parking Playgrounds
1004172 79 MOTOROLA Equipment Repair&Maint Public Safety Communications
226808 79 MANICOR,ASHLEY Deposits Escrow
1004047 78 NEWTON,J.RANDALL Mileage&Parking Transportation Fund
1003963 78 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations-General
226628 75 EVANS,BETSY Refunds Storm Drainage
1004045 75 METRO SALES INCORPORATED* Operating Supplies Engineering
226838 74 PRAIRIE LAWN AND GARDEN Landscape Materials/Supp Street Maintenance
226685 74 PRECISION SMALL ENGINE REPAIR Equipment Parts Fleet Operating
226882 70 AIR-HYDRAULIC SYSTEMS INC. Equipment Parts Fleet Operating
4778 69 VANCO SERVICES Miscellaneous Community Center Admin
1004008 69 BATTERIES PLUS Supplies-General Bldg Fitness/Conference-Cmty Ctr
226745 68 BULTHUIS,CURT AR Utility Water Enterprise Fund
1004060 66 TOTAL FILTRATION SERVICES INC Supplies-HVAC City Hall-CAM
226690 65 SHAMROCK GROUP,INC-ACE ICE Misc Non-Taxable Prairie View Liquor Store
1004151 65 BUSSE,HOLLY Tuition Reimbursement/School Fitness Classes
1004164 64 INDUSTRIAL FLOOR MAINTENANCE I Equipment Parts Fleet Operating
226948 64 POMAR,SUDEEP Deposits-P&R Refunds Community Center Admin
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
1004182 63 ST CROIX RECREATION CO INC Repair&Maint.Supplies Round Lake
226526 61 G&K SERVICES-MPLS INDUSTRIAL Cleaning Supplies Utility Operations-General
1004052 61 SCHULZE,CARTER Mileage&Parking Engineering
226805 60 LINDSTROM,SARAH Deposits-P&R Refunds Community Center Admin
1004133 60 TRI COUNTY BEVERAGE&SUPPLY Misc Non-Taxable Den Road Liquor Store
226624 58 DUCAR,MIKE Deposits-P&R Refunds Community Center Admin
1004073 58 BATTERIES PLUS Supplies-Electrical Park Shelters
1003973 57 FERRELLGAS Equipment Parts Fleet Operating
1004051 57 SAMS,JOHN Mileage&Parking Assessing
226564 56 PRAIRIE LAWN AND GARDEN Repair&Maint.Supplies Utility Operations-General
226741 55 BEVILACQUA,JIM AR Utility Water Enterprise Fund
1004076 55 CAWLEY COMPANY,THE Clothing&Uniforms Prairie View Liquor Store
226528 55 GIORDANO,MELINDA Deposits-P&R Refunds Community Center Admin
226887 55 ASTLEFORD EQUIPMENT COMPANY IN Equipment Parts Fleet Operating
226903 55 FLAIR FOUNTAINS 02 Repair&Maint.Supplies Park Maintenance
1004053 54 SHERWIN WILLIAMS CO Building Repair&Maint. Round Lake
226912 54 HUSSEY,ALEXANDRA Deposits-P&R Refunds Community Center Admin
1004082 53 DMX MUSIC Other Contracted Services Prairie Village Liquor Store
226905 52 GIRARD'S BUSINESS SOLUTIONS IN Equipment Repair&Maint Customer Service
226580 52 TIBREWAL,YOGESH Deposits-P&R Refunds Community Center Admin
226631 50 FRANK,JOSEPH Refunds Environmental Education
226737 50 BARRON COUNTY INCINERATOR Other Contracted Services Police
226798 50 KOPPIE,BRYSSA Deposits-P&R Refunds Community Center Admin
226920 50 KRAMER,ANNETTE Refunds Environmental Education
226666 49 LUI,JACOB Refunds Environmental Education
226801 49 LAFFOND,JONATHAN Deposits-P&R Refunds Community Center Admin
226732 48 ANDERSON,TODD AR Utility Water Enterprise Fund
226704 47 UNIVERSAL ATHLETIC SERVICES IN Operating Supplies Round Lake
226924 45 MATSON,TOM Small Tools Fleet Operating
226867 43 VAN SLYKE,ROBERT AR Utility Water Enterprise Fund
226661 42 KUMAR,NAVANEET Deposits-P&R Refunds Community Center Admin
226667 42 LUTHER BROOKDALE CHRYSLER JEEP Equipment Parts Fleet Operating
1004054 39 SHRED-IT USA MINNEAPOLIS Other Contracted Services Community Center Admin
226662 39 LANO EQUIPMENT INC Operating Supplies Street Maintenance
226822 39 MRA-THE MANAGEMENT ASSOCIATION Other Contracted Services Organizational Services
226869 38 WAYTEK INC Repair&Maint.Supplies Sewer System Maintenance
226674 37 MINNESOTA WANNER COMPANY Equipment Repair&Maint Park Maintenance
226754 35 COMCAST Operating Supplies Fire
226501 35 ASSOCIATION OF MN EMERGENCY MA Dues&Subscriptions Utility Operations-General
226925 35 MCFOA Dues&Subscriptions City Clerk
226711 34 WEBER,ANNETTE Deposits-P&R Refunds Community Center Admin
226837 34 PHILLIPS,DAVID AR Utility Water Enterprise Fund
226533 30 HILGENKAMP,SUE Deposits-P&R Refunds Community Center Admin
1004147 28 BATTERIES PLUS Supplies-Electrical Prairie Village Liquor Store
226870 27 WEBB,CHAUNTEL Deposits-P&R Refunds Community Center Admin
226565 26 PRECISION SMALL ENGINE REPAIR Equipment Parts Fleet Operating
226770 26 EDEN PRAIRIE COMMUNITY CENTER Daily Fees Community Center Admin
1003982 26 LARSON,ALLEN R. Mileage&Parking Police
226879 24 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs
226736 24 AT&T MOBILITY Pager&Cell Phone Park Maintenance
226807 23 LOPEZ,CARMEN Deposits-P&R Refunds Community Center Admin
226895 23 CUB FOODS EDEN PRAIRIE Operating Supplies Reserves
226637 22 GUILLOTEL,STEVEN Refunds Environmental Education
226659 22 KOCOUREK,JOAN Clothing&Uniforms Police
226916 21 JOHN DEERE LANDSCAPES/LESCO Repair&Maint.Supplies Park Maintenance
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
226828 21 OESTREICH,MICHELLE AR Utility Water Enterprise Fund
226593 21 STATE OF MINNESOTA Miscellaneous DWI Forfeiture
226694 21 STATE OF MINNESOTA Miscellaneous DWI Forfeiture
226687 20 RICHFIELD,CITY OF Autos Police
226583 20 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating
226851 18 SPORTS WORLD USA INC Clothing&Uniforms Facilities Staff
226729 17 AHMANN,MARK AR Utility Water Enterprise Fund
226752 16 COMCAST Wireless Subscription IT Operating
1003997 16 UPS Equipment Repair&Maint Public Safety Communications
226494 15 STATE OF MINNESOTA Autos Police
1004174 14 NORCOSTCO Operating Supplies Summer Theatre
1004077 14 CENTERPOINT ENERGY Gas Sewer Liftstation
226744 12 BROOKSIDE GARDEN CENTER Landscape Materials/Supp Street Maintenance
226490 11 RICHFIELD,CITY OF Licenses&Taxes Fleet Operating
226688 11 RICHFIELD,CITY OF Licenses&Taxes Fleet Operating
226817 9 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Creek Woods
226544 9 KRAEMERS HARDWARE INC Operating Supplies Park Maintenance
226522 8 FISERV INC Bank and Service Charges Water Accounting
226793 7 JEWETT,DOUGLAS AR Utility Water Enterprise Fund
226776 7 GARDEN ROOM FRATELLI'S GARDEN Conference/Training Senior Center Admin
226876 6 ZHU,JIN AR Utility Water Enterprise Fund
226755 5 COMCAST Operating Supplies Fire
226570 4 SEWALL,ELLIE Deposits-P&R Refunds Community Center Admin
226615 2 COMCAST Other Contracted Services Police
226551 2 METZGER,JENNIFER Deposits-P&R Refunds Community Center Admin
5,459,305 Grand Total
City of Eden Prairie
Purchasing Card Payment Report
May Purchases
Amount Explanation Vendor Account Description Business Unit
15 US-wrenches-FD HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Water System Maintenance
4 US-Supplies MENARDS Operating Supplies Park Maintenance
15 US-Supplies MENARDS Operating Supplies Park Maintenance
90 US-conf-Allmann,Carlon TRENCHLESS TECHNOLOGY INSTITUT Conference/Training Water System Maintenance
36 US-post puller MILLS FLEET FARM Small Tools Sewer System Maintenance
11 US-ballfields MENARDS Operating Supplies Park Maintenance
45 US-ballfields MENARDS Building Materials Park Maintenance
33 US-outdoor ctr garden MENARDS Building Materials Outdoor Center
18 US-outdoor ctr garden MENARDS Building Materials Outdoor Center
22 US-outdoor ctr garden MENARDS Building Materials Outdoor Center
13 US-outdoor ctr garden MENARDS Building Materials Outdoor Center
5 US-outdoor ctr garden MENARDS Building Materials Outdoor Center
28 US-outdoor ctr garden MENARDS Building Materials Outdoor Center
18 US-Awards banquet MAGC Miscellaneous Communications
268 US-floor mats police CARID.COM Equipment Parts Fleet Operating
549 US-police car armrest LUND INDUSTRIES Equipment Parts Fleet Operating
90 US-DOT inspector certfication DAKOTA COUNTY TECHNICAL COLLEG Licenses,Permits,Taxes,Fees Fleet Operating
8 US-café food RAINBOW FOODS INC. Merchandise for Resale Concessions
48 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions
180 US-café food WALMART COMMUNITY Merchandise for Resale Concessions
43 US-café food RAINBOW FOODS INC. Merchandise for Resale Concessions
34 US-café food RAINBOW FOODS INC. Merchandise for Resale Concessions
108 US-café food WALMART COMMUNITY Merchandise for Resale Concessions
12 US-Sr ctr supplies WALMART COMMUNITY Office Supplies Senior Center Admin
151 US-coffee COFFEE WHOLESALE Operating Supplies Senior Center Admin
47 US-office supplies OFFICEMAX CREDIT PLAN Office Supplies Senior Center Admin
117 US-fashion show BAKERS SQUARE Special Event Fees Senior Center Programs
48 US-fashion show supplies PARTY CITY Special Event Fees Senior Board
14 US-sr awareness dinner WALMART COMMUNITY Operating Supplies Senior Board
59 US-sr awareness dinner PARTY CITY Operating Supplies Senior Board
1,111 US-sr awareness dinner ANNIE'S CAFE Special Event Fees Senior Center Programs
23 US-history tour LIONS TAP Instructor Service Senior Center Programs
56 US-shop stock MENARDS Repair&Maint.Supplies Water Treatment Plant
379 US-copper for blowoff MENARDS Repair&Maint.Supplies Water Treatment Plant
95 US-shop supplies MENARDS Repair&Maint.Supplies Water Treatment Plant
269 US-fan RE WILLIAMS CONTRACTOR Repair&Maint.Supplies Water Treatment Plant
35 US-copper for blowoff MENARDS Repair&Maint.Supplies Water Treatment Plant
81 US-copper for blowoff MENARDS Repair&Maint.Supplies Water Treatment Plant
45 US-padlocks KRAEMERS HARDWARE INC Operating Supplies Park Maintenance
64 US-project mgmt IT PODIO INC Software IT Operating
96 US-shop supplies MENARDS Repair&Maint.Supplies Sewer System Maintenance
9 US-airline tools MENARDS Repair&Maint.Supplies Water Treatment Plant
117 US-lab supplies MENARDS Operating Supplies Water Treatment Plant
133 US-shop stock MENARDS Repair&Maint.Supplies Water Treatment Plant
3 US-plumbing supplies MENARDS Repair&Maint.Supplies Water Treatment Plant
8 US-sprayer supplies MENARDS Equipment Repair&Maint Park Maintenance
6 US-Miller splash pad MENARDS Repair&Maint.Supplies Park Maintenance
Amount Explanation Vendor Account Description Business Unit
2 US-RL splash pad HOME DEPOT CREDIT SERVICES Equipment Repair&Maint Park Maintenance
19 US-purgatory fountains MENARDS Repair&Maint.Supplies Park Maintenance
620 US-Lime skaker seals GADDIS INC Repair&Maint.Supplies Water Treatment Plant
86 US-seals GADDIS INC Repair&Maint.Supplies Water Treatment Plant
200 US-ISA recertification fee INTERNATIONAL SOCIETY OF ARBOR Licenses,Permits,Taxes,Fees Tree Disease
118 US-new recruit interviews PANERA BREAD Operating Supplies Fire
210 US-popcorn for stations CUDA ZOO Operating Supplies Fire
103 US-new recruit interviews PANERA BREAD Operating Supplies Fire
113 US-books for Liddell HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire
54 US-new recruit agility ERBERT&GERBERT'S Operating Supplies Fire
64 US-C#2013-18236 CHIPOTLE Operating Supplies Police
121 US-radio for bus BEST BUY Equipment Parts Fleet Operating
283 US-door hangers HORIZON GRAPHICS Asphalt Overlay Snow&Ice Control
5 US-café food RAINBOW FOODS INC. Merchandise for Resale Concessions
5 US-café food RAINBOW FOODS INC. Merchandise for Resale Concessions
9 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions
2 US-café food RAINBOW FOODS INC. Merchandise for Resale Concessions
5 US-café food WALMART COMMUNITY Merchandise for Resale Concessions
70 US-café food BRUEGGERS BAGEL Merchandise for Resale Concessions
89 US-café food RAINBOW FOODS INC. Merchandise for Resale Concessions
14 US-café food BRUEGGERS BAGEL Merchandise for Resale Concessions
129 US-rackets-racq SPORTS AUTHORITY Operating Supplies Gymnasium(CC)
13 US-café food RAINBOW FOODS INC. Merchandise for Resale Concessions
91 US-café food WALMART COMMUNITY Merchandise for Resale Concessions
25 US-café food WALMART COMMUNITY Merchandise for Resale Concessions
184 US-lodging RUTTGER'S SUGAR LAKE LODGE Travel Expense Water Treatment Plant
184 US-lodging RUTTGER'S SUGAR LAKE LODGE Travel Expense Water Treatment Plant
33 US-café food RAINBOW FOODS INC. Merchandise for Resale Concessions
11 US-admin BEST BUY Operating Supplies Community Center Admin
39 US-admin supplies OFFICE DEPOT CREDIT PLAN Operating Supplies Community Center Admin
10 US jazz music APPLE.COM Operating Supplies City Council
11 US-music APPLE.COM Operating Supplies City Council
214 US-stencils-engraving at memor COLD SPRING GRANITE Other Contracted Services Park Acquisition&Development
31 US-mtg with ward parker KONA GRILL Operating Supplies Fire
27 US-CFSI breakfast HILTON HOTELS Conference/Training Fire
17 US-handouts-legislature visits FEDEX Conference/Training Fire
12 US-CFSI breakfast STEAM CAFE&PIZZERIA Operating Supplies Fire
15 US-MNFAC SHAMROCKS Operating Supplies Fire
2 US-CC personal use-Esbensen MPLS METERS Deposits Escrow
268 US-Printer-LS#1 BEST BUY Computers Prairie Village Liquor Store
46 US-Battery for laptop AMAZON.COM Equipment Repair&Maint IT Operating
25 US-seminar-MN digital gov E REPUBLIC INC Conference/Training IT Operating
194 US-tv for communications BEST BUY Computers IT Operating
15 US-café food WALMART COMMUNITY Merchandise for Resale Concessions
150 US-C#2013-18236 SPRINT Operating Supplies Police
97 US-C#2013-18236 MICRO CENTER A/R Operating Supplies Police
1 US-Pioneer water MENARDS Operating Supplies Park Maintenance
5 US-irrigation MENARDS Repair&Maint.Supplies Park Maintenance
46 US-Tool-drinking fountains MENARDS Small Tools Park Maintenance
90 US-outdoor ctr-drnkng fountain MENARDS Operating Supplies Park Maintenance
6 US-drinkking fountains HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance
Amount Explanation Vendor Account Description Business Unit
-30 US-return supplies MENARDS Operating Supplies Park Maintenance
18 US-outdoor ctr-drnkng fountain MENARDS Operating Supplies Park Maintenance
16 US-irrigation baseline UPS STORE,THE Repair&Maint.Supplies Park Maintenance
99 US-fuel-fire safety camp SHELL OIL Mileage&Parking Fire
59 US-fuel-fire safety camp RED LAKE NATION FUELS Mileage&Parking Fire
92 US-fuel-fire safety camp SUPERAMERICA Mileage&Parking Fire
1,166 US-NFPA membership dues NFPA Dues&Subscriptions Fire
29 Us-text books for fire class HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire
1,832 US-fence-outdoor ctr STERLING FENCE INC Building Materials Outdoor Center
29 US-garden fence-outdoor ctr MENARDS Building Materials Outdoor Center
254 US-outdoor ctr garden MENARDS Building Materials Outdoor Center
48 US-walkie talkies WALMART COMMUNITY Operating Supplies Prairie View Liquor Store
7 US-fan for office WALMART COMMUNITY Operating Supplies Prairie Village Liquor Store
19 US-Book for traing class ELLIOT BAY PUBLISHING Conference/Training Prairie Village Liquor Store
19 US-Book for traing class ELLIOT BAY PUBLISHING Conference/Training Den Road Liquor Store
19 US-Book for traing class ELLIOT BAY PUBLISHING Conference/Training Prairie View Liquor Store
3,000 US-transducers MEASUREMENT SPECIALTIES Repair&Maint.Supplies Water Wells
8 US-bug spray MENARDS Operating Supplies Park Maintenance
24 US-training lunch PINSTRIPES Conference/Training Community Development Admin.
411 US-yoga mats SUNSHINE YOGA Operating Supplies Specialty Fitness Programs
132 US-supplies BLACK MOUNTAIN Operating Supplies Fitness Classes
184 US-equipment storage SWIMOUTLET.COM Operating Supplies Fitness Center
43 US-BBQ grills MENARDS Operating Supplies Park Maintenance
121 US-play structure event TARGET Operating Supplies Special Events(CC)
22 US-operating supplies TARGET Operating Supplies Community Center Admin
395 US-operating supplies GREAT AMERICAN BUSINESS PRODUC Operating Supplies Community Center Admin
10 US-J Klima-sr planner NATIONAL STUDENT CLEARINGHOUSE Other Contracted Services Organizational Services
75 US-Meeting-Ruzek,Rose TWIN CITY AREA LABOR MANAGEMEN Conference/Training Human Resources
84 US-Ruzek-planner LEVENGER CATALOG Operating Supplies Human Resources
26 US-Ruzek-planner LEVENGER CATALOG Operating Supplies Human Resources
30 US-training S Kotchevar,T Wil MGFOA Conference/Training Finance
85 US-training-T Wilson GOVERNMENT FINANCE OFFICERS AS Conference/Training Finance
3,539 US-Apr2013 Bldg Surchgs DEPT OF LABOR&INDUSTRY Building Surcharge General Fund
966 US-Apr2013 Bldg Surchgs DEPT OF LABOR&INDUSTRY Mechanical Surcharge General Fund
610 US-Apr2013 Bldg Surchgs DEPT OF LABOR&INDUSTRY Plumbing Surcharge General Fund
-102 US-Apr2013 Bldg Surchgs DEPT OF LABOR&INDUSTRY Other Revenue General Fund
20 US-epermit web security PAYPAL INC Equipment Repair&Maint IT Operating
29 US-UB online processing PAYPAL INC Bank and Service Charges Utility Operations-General
40 US-UB recurring credit card PAYPAL INC Bank and Service Charges Utility Operations-General
43 US-GFOA cap assets bk GOVERNMENT FINANCE OFFICERS AS Conference/Training Finance
23 US-café food RAINBOW FOODS INC. Merchandise for Resale Concessions
4 US-café food RAINBOW FOODS INC. Merchandise for Resale Concessions
93 US-café food KOWALSKI'S MARKET Merchandise for Resale Concessions
51 US-café food FRESH SEASONS MARKET Merchandise for Resale Concessions
149 US-License renewal VUE LICENSING Miscellaneous Economic Development
80 US-continuing ed CONTINUINGEDEXPRESS.COM Miscellaneous Economic Development
75 US-NAIOP event-David and Tania NAIOP Conference/Training Economic Development
18 US-Awards banquet MAGC Miscellaneous Communications
85 US-3CMA Award entry PAYPAL INC Awards Communications
80 US-roadside maintenance HOME DEPOT CREDIT SERVICES Operating Supplies Street Maintenance
19 US-roadside maintenance HOME DEPOT CREDIT SERVICES Operating Supplies Street Maintenance
Amount Explanation Vendor Account Description Business Unit
2,958 US-transducers MEASUREMENT SPECIALTIES Repair&Maint.Supplies Water Wells
241 US-landscape plants BACHMANS CREDIT DEPT Repair&Maint.Supplies Utility Operations-General
213 US-landscape plants BACHMANS CREDIT DEPT Repair&Maint.Supplies Utility Operations-General
38 US-council workshop RAINBOW FOODS INC. Miscellaneous City Council
60 US-sunshine fund-Matula BACHMANS CREDIT DEPT Deposits Escrow
295 US-council workshop JASON'S DELI Miscellaneous City Council
75 US-sunshine fund-Roe BACHMANS CREDIT DEPT Deposits Escrow
62 US-sunshine fund-Roe BACHMANS CREDIT DEPT Deposits Escrow
38 US-lunch-Lotthammer SENSIBLE LAND USE COALITION Miscellaneous Parks Administration
495 US-NLC conf-B Aho NATIONAL LEAGUE OF CITIES Conference/Training City Council
495 US-NLC conf-R Getschow NATIONAL LEAGUE OF CITIES Conference/Training Administration
495 US-NLC conf-S Butcher Wickstro NATIONAL LEAGUE OF CITIES Conference/Training City Council
495 US-NLC conf-R Case NATIONAL LEAGUE OF CITIES Conference/Training City Council
60 US-sunshine fund-Sinell BACHMANS CREDIT DEPT Deposits Escrow
281 US-council workshop LEEANN CHIN Miscellaneous City Council
71 US-sunshine fund-D Paulson FTD.COM Deposits Escrow
185 US-council workshop DAVANNI'S PIZZA Miscellaneous City Council
18 US-council workshop KOWALSKI'S MARKET Miscellaneous City Council
19 US-red cross fee AMERICAN RED CROSS Licenses,Permits,Taxes,Fees Pool Lessons
172 US-bandages ZEE MEDICAL SERVICE Safety Supplies Community Center Admin
21 US-admin supplies WALGREEN'S#5080 Operating Supplies Aquatics&Fitness Admin
1,139 US-uniforms SWIMOUTLET.COM Clothing&Uniforms Pool Operations
237 US-rafts for lessons LIFEGUARD STORE INC,THE Operating Supplies Pool Lessons
84 US-supplies LIFEGUARD STORE INC,THE Clothing&Uniforms Pool Lessons
161 US-supplies AMAZON.COM Operating Supplies Pool Operations
142 US-staff meeting GINA MARIAS INC Miscellaneous Aquatics&Fitness Admin
6 US-Rope HOME DEPOT CREDIT SERVICES Operating Supplies Pool Operations
245 US-red cross fee AMERICAN RED CROSS Licenses,Permits,Taxes,Fees Pool Lessons
517 US-uniforms LIFEGUARD STORE INC,THE Clothing&Uniforms Oak Point Lessons
6 US-drinking cup-cb trailer WALMART COMMUNITY Repair&Maint.Supplies Storm Drainage
5 US-radio batteries BATTERIES PLUS Repair&Maint.Supplies Storm Drainage
13 US-nozzels for catch basin MENARDS Repair&Maint.Supplies Storm Drainage
8 US-Meeting CRUMB GOURMET DELI Miscellaneous Recreation Admin
39 US-meeting RL renovation proje CRUMB GOURMET DELI Miscellaneous Recreation Admin
72 US-4th of July celebration TURNSTYLE Operating Supplies July 4th Celebration
41 US-hydrant truck supplies MENARDS Small Tools Water System Maintenance
19 US-bucket HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Storm Drainage
63 US-C#2013-18236 ARBY'S Operating Supplies Police
7 US-C#2013-18236 ARBY'S Operating Supplies Police
12 US-C#2013-18236 CHIPOTLE Operating Supplies Police
34 US-C#2013-18236 PANERA BREAD Operating Supplies Police
165 US-C#2013-18236 MILIO'S SANDWICHES Operating Supplies Police
211 US-C#2013-18236 DAVANNI'S PIZZA Operating Supplies Police
241 US-C#2013-18236 WHICH WICH Operating Supplies Police
59 US-C#2013-18236 PANERA BREAD Operating Supplies Police
59 US-C#2013-18236 PANERA BREAD Operating Supplies Police
67 US-fingerprinting OUTDOORPRO.COM Office Supplies Police
14 US-reserve calendar CALENDAR WIZ Clothing&Uniforms Reserves
161 US joint command staff meeting FAMOUS DAVE'S Operating Supplies Police
72 US-tarps HOME DEPOT CREDIT SERVICES Operating Supplies Snow&Ice Control
563 US-hotel expense ROSEN CENTRE HOTEL Conference/Training Fire
Amount Explanation Vendor Account Description Business Unit
260 US-conf ACT ITRS Conference/Training Fire
15 US-training supplies OFFICEMAX CREDIT PLAN Training Supplies Fire
43 US-staff meeting food DAVANNI'S PIZZA Operating Supplies Fire
37 US-fraud-T Schmitz US BANK Deposits Escrow
714 US-new drop box SALSBURY INDUSTRIES Repair&Maint.Supplies City Center Operations
2 US-mulch HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Utility Operations-General
53 US-grease NAPA AUTO PARTS Repair&Maint.Supplies Storm Drainage
121 US-CB supplies HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Storm Drainage
48 US-cb trailer MENARDS Repair&Maint.Supplies Storm Drainage
306 US-supplies for camp DISCOUNT SCHOOL SUPPLY Operating Supplies Arts Center
14 US-water for arts in the park RAINBOW FOODS INC. Operating Supplies Group Outings
1,019 US-sound equip 8TH STREET MUSIC Capital Under$25,000 Staring Lake Concert
3,523 US-sound equip SWEETWATER MUSIC TECHNOLOGY DI Capital Under$25,000 Staring Lake Concert
476 US-scripts/royalties-childrens PIONEER DRAMA SERVICE Operating Supplies Theatre Initiative
103 US-art camp supplies UTRECHT STORE Operating Supplies Arts Center
192 US-blow dryers for locker room AMAZON.COM Operating Supplies Community Center Admin
112 US-Acrylic sign holders INNOVATIVE PLASTICS Operating Supplies Community Center Admin
59 US July 4th event MADE IN USA FLAGS Operating Supplies July 4th Celebration
16 US-training CARIBOU COFFEE Training Supplies Community Center Admin
380 US-training-J Carlson MAAO Conference/Training Assessing
18 US-Awards banquet MAGC Miscellaneous Communications
11 US-shop supplies MENARDS Operating Supplies Park Maintenance
41 US-bags/handwipes for truck TARGET Repair&Maint.Supplies Water Metering
-1 US-returned cable BEST BUY Operating Supplies Water Metering
97 US-mouse/charger/cables BEST BUY Operating Supplies Water Metering
95 US-program trip-horicon marsh EXXON Program Trips Outdoor Center
48 US-Critter Food PETCO Operating Supplies Outdoor Center
908 US-outdoor ctr trip-horicon ma AUDUBON INN Program Trips Outdoor Center
95 US-Critter Food PETCO Operating Supplies Outdoor Center
6 US-Critter Food PETCO Operating Supplies Outdoor Center
36 US-Critter Food PETCO Operating Supplies Outdoor Center
20 US-chick/critter food MILLS FLEET FARM Operating Supplies Outdoor Center
1,924 US-weed sprayer NORTHERN TOOL&EQUIPMENT Capital Under$25,000 Street Maintenance
6 US-parking STANDARD PARKING Operating Supplies Street Maintenance
10 US-shop supplies MENARDS Operating Supplies Park Maintenance
36 US-shipping for equipment repa UPS STORE,THE Equipment Repair&Maint Public Safety Communications
126 US-tv remounting MY CABLE MART Equipment Repair&Maint Public Safety Communications
450 US-microwave repair SINGLESOURCE COMMUNICATIONS Equipment Repair&Maint Public Safety Communications
34 US-tv remounting MY CABLE MART Equipment Repair&Maint Public Safety Communications
199 US-drafting software EVALUESOFTWARE Equipment Repair&Maint Public Safety Communications
25 US-conf fee E REPUBLIC INC Conference/Training Public Safety Communications
141 US-retractor BADGE EXPRESS Equipment Repair&Maint Public Safety Communications
43 US-coaxial cable MY CABLE MART Equipment Repair&Maint Public Safety Communications
90 US-enhancement equipment AMAZON.COM Equipment Repair&Maint Public Safety Communications
19 US-supplies STORMS WELDING&MFG INC. Operating Supplies Street Maintenance
850 US-FTO training-Serafin/Carlst ATOM Tuition Reimbursement/School Police
80 US-parts for ERU equipment MOROVISION NIGHT VISION Equipment Repair&Maint Police
672 US-training for roadside inter IA PUBLIC DEF TRAINING Tuition Reimbursement/School Police
413 US-Supplies S&S WORLDWIDE Operating Supplies Playgrounds
300 US-supplies S&S WORLDWIDE Operating Supplies Arts Center
885 US-supplies S&S WORLDWIDE Operating Supplies Youth Programs Admin
Amount Explanation Vendor Account Description Business Unit
42 US-Supplies HOME DEPOT CREDIT SERVICES Operating Supplies July 4th Celebration
86 US-arrows/archery PAYPAL INC Operating Supplies Lesson Skills Development
54 US-camp/preshcool supplies WALMART COMMUNITY Operating Supplies Youth Programs Admin
73 US-preschool crafts/activities MICHAELS-THE ARTS&CRAFTS S Operating Supplies Preschool Events
530 US-raquets/net WILSON SPORTING GOODS Operating Supplies Tennis
3 US-Youth athletes-supplies TARGET Operating Supplies CC-New Adaptive
60 US-club 204 supplies DAVANNI'S PIZZA Operating Supplies CC-New Adaptive
5 US-club 204 supplies RAINBOW FOODS INC. Operating Supplies CC-New Adaptive
25 US-everyone can dance supplies RAINBOW FOODS INC. Operating Supplies CC-Leisure Education
3 US-arts in the park supplies PDQ DELI MART Operating Supplies Arts&Drama Programs
559 US-adaptive teen camp supplies S&S WORLDWIDE Operating Supplies New Adaptive
67 US-adaptive teen camp supplies TARGET Operating Supplies New Adaptive
10 US-adaptive teen camp supplies S&S WORLDWIDE Operating Supplies New Adaptive
22 US-Youth athletes-supplies RAINBOW FOODS INC. Operating Supplies CC-New Adaptive
69 US-refreshments for staff meet RAINBOW FOODS INC. Miscellaneous Recreation Admin
172 US-pizza for staff training PAPA JOHNS Operating Supplies Therapeutic Rec Admin
40 US-monthly licensing fee SCW FITNESS Licenses,Permits,Taxes,Fees Fitness Classes
59 US-staff training TARGET Training Supplies Pool Operations
119 US-supplies HOME DEPOT CREDIT SERVICES Operating Supplies Pool Operations
250 US-monthly licensing fee SCW FITNESS Licenses,Permits,Taxes,Fees Fitness Classes
144 US-training DICKEYS BARBEQUE Training Supplies Police
153 US-training JASON'S DELI Training Supplies Police
179 US-training MILIO'S SANDWICHES Training Supplies Police
153 US-training JASON'S DELI Training Supplies Police
246 US-training MILIO'S SANDWICHES Training Supplies Police
1,280 US-ballistic plate/carrier HIGHCOM SECURITY Clothing&Uniforms Police
27 US-vest pouches LA POLICE GEAR Clothing&Uniforms Police
41 US-shop supplies MENARDS Repair&Maint.Supplies Sewer System Maintenance
18 US-mulch HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Utility Operations-General
36 US-shop supplies MENARDS Repair&Maint.Supplies Sewer System Maintenance
36 US-I&I A TO Z RENTAL CENTER Repair&Maint.Supplies Sewer System Maintenance
10 US-water main break-shady oak JIMMY JOHNS Repair&Maint.Supplies Water System Maintenance
53,974 Report Total
CITY COUNCIL AGENDA DATE:
SECTION: Ordinances and Resolutions 07/16/13
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XI.A.
Community Development/Planning LSS Data Systems
Janet Jeremiah
Julie Klima
Requested Action
Move to:
• Approve 2nd Reading of the Ordinance for P1 anned Unit Developm ent District
Review with waivers and Zoning District Amendment in the Office Zoning District
on 1.6 acres; and
• Adopt the Resolution approving Site Plan Review on 1.6 acres.
Synopsis
This is final approval of the plans for the relocation of parking stalls on the site.
Background Information
The 120-Day Review Period Expires on September 19, 2013.
Attachments
1. Ordinance
2. Ordinance Summary
3. Resolution
LSS DATA SYSTEMS
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
ORDINANCE NO. 11-2013-PUD-4-2013
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING
CERTAIN LAND WITHIN A ZONING DISTRICT,AMENDING THE LEGAL
DESCRIPTIONS OF LAND IN EACH DISTRICT,AND,ADOPTING BY REFERENCE
CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS,
CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. That the land which is the subject of this Ordinance (hereinafter, the
"land") is legally described in Exhibit A attached hereto and made a part hereof.
Section 2. That action was duly initiated proposing that the land be amended within
the Office Zoning District 11-2013-PUD-4-2013 (hereinafter "PUD-4-2013-OFC).
Section 3. The City Council hereby makes the following findings:
A. PUD-4-2013-OFC is not in conflict with the goals of the Comprehensive Guide
Plan of the City.
B. PUD-4-2013-OFC is designed in such a manner to form a desirable and unified
environment within its own boundaries.
C. The exceptions to the standard requirements of Chapters 11 and 12 of the City
Code that are contained in PUD-4-2013-OFC are justified by the design of the
development described as follows:
1. Side yard parking setback from 10 feet to 1 foot at is closest point along
the west property line.
2. Front yard parking setback from 35 feet to 4.7 feet at is closest point along
the north property line.
D. PUD-4-2013-OFC is of sufficient size, composition, and arrangement that its
construction, marketing, and operation is feasible as a complete unit without dependence
upon any subsequent unit.
Section 4. The proposal is hereby adopted and the land shall be, and hereby is
amended within the Office District and shall be included hereafter in the Planned Unit
Development4-2013-OFC, and the legal descriptions of land in each district referred to in City
Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly.
Section 5. City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled
"Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated
verbatim herein.
Section 6. This Ordinance shall become effective from and after its passage and
publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
16th day of July, 2013, and finally read and adopted and ordered published in summary form as
attached hereto at a regular meeting of the City Council of said City on the 16th day of July,
2013.
ATTEST:
Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor
PUBLISHED in the Eden Prairie News on , 2013.
EXHIBIT A
PUD Legal Description —
Lot 9, Block 1, City W est Addition, City of Eden Prairie, Hennepin
County, State of Minnesota.
LSS DATA SYSTEMS
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
SUMMARY OF
ORDINANCE NO. 11-2013-PUD-4-2013
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING THE
ZONING OF CERTAIN LAND WITHIN ONE DISTRICT, AND ADOPTING BY
REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99,WHICH, AMONG
OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Summary: This ordinance allows amendment of the zoning of land located at 6423
City West Parkway within the Office Zoning District with waivers on 1.6 acres. Exhibit A,
included with this Ordinance, gives the full legal description of this property.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor
PUBLISHED in the Eden Prairie News on , 2013.
(A full copy of the text of this Ordinance is available from City Clerk.)
LSS DATA SYSTEMS
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO. 2013-
A RESOLUTION GRANTING SITE PLAN APPROVAL
FOR LSS DATA SYSTEMS
WHEREAS, LSS Data Systems, has applied for Site Plan approval of revised parking
stall configuration, by an Ordinance approved by the City Council on July 16, 2013; and
WHEREAS, the Planning Commission reviewed said application at a public hearing at
its June 24, 2013 meeting and recommended approval of said site plans; and
WHEREAS, the City Council has reviewed said application at a public hearing at its
July 16, 2013 meeting.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF EDEN PRAIRIE,that site plan approval be granted to LSS Data Systems
based on the plans attached and stamp dated June 19, 2013, reviewed and approved by the City
Council on July 16, 2013.
ADOPTED by the City Council of the City of Eden Prairie this 16th day of July, 2013.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen A. Porta, City Clerk
CITY COUNCIL AGENDA DATE:
SECTION: Report of Community Development Director July 16, 2013
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO. XIV.C.1.
Community Development: Puregrace Lease Amendment- Smith
Janet Jeremiah/David Lindahl Douglas More Property
Requested Council Action:
Move to: Approve an amendment to extend the lease between the City of Eden Prairie and Puregrace LLC
at the Smith-Douglas-More Property located at 8107 Eden Prairie Road(Dunn Bros. coffee store).
Synopsis:
Franchisee Puregrace LLC (Ann Schuster) is in the process of making capital improvements to the
property, specifically in the kitchen. Therefore, in order to ensure adequate time to pay off the
improvements, Puregrace LLC has proposed to extend their lease term by four years. The current five
year lease from 2012-2017 would be extended through December 31, 2021. No other changes are
proposed to the lease:
Gross Rent $34,000 (remains the same)
Percentage Rent 6% of sales over$450,000
Lease Term 9 years (2012-2021)
Utilities Tenant
Lawn Care & Snow Removal Tenant
Property Taxes Landlord(30% of rent- $10,200)
NET RENT $23,800
Background:
The Smith Douglas More property was purchased by the City in 1981 for the purpose of preserving it
as a historical structure and life estate was granted to its sellers, Earl and Helen More. After Earl
More passed away in 1999 the City began planning for the reuse of the property. A major renovation
of the property was completed by the City in 2002 to accommodate a new Dunn Bros coffee store
which leased the property for five-years through 2007. Since 2008, the property has been leased to a
Dunn Bros. franchisee Puregrace LLC (Ann Schuster).
Attachments:
Puregrace LLC Lease Amendment
FIRST AMENDMENT TO LEASE
THIS FIRST AMENDMENT TO LEASE (the "Amendment") is made this 16th day of July,
2013 between THE CITY OF EDEN PRAI RIE ("Landlord"), and Pure Grace, LLC, an
Minnesota limited liability company ("Tenant").
WHEREAS, Landlord and Te nant are parties to th at certain Lease executed on No vember 11,
2011 by Tenant and Novem ber 15, 2011 by Landlord with a Reference Date of Novem ber 15,
2011 and Commencement Date of J anuary 1, 2012, for Premises located at 8107 Eden Prairie
Road, City of Eden Prairie, M innesota, consisting of approxim ately Three Thousand Three
Hundred Twenty Seven(3,327) square feet (the "Lease"); and
WHEREAS, Tenant and Landlord desire to extend the term of the Lease as set forth herein.
NOW, THEREFORE, in consid eration of the foregoing a nd other good and valuable
consideration, Landlord and Tenant hereby amend the Lease as follows:
1. The Reference Page is am ended to amended TERMINATION DATE to "Decem ber 31,
2021."
2. The Reference Page is am ended to amended TERM OF LEASE to the f ollowing "Nine
years, beginning on the Comm encement Date and ending on the Term ination Date
(unless sooner terminated pursuant to the Lease."
3. Section 1.2 is hereby amended by(i) deleting the phrase "five (5)" and replacing with the
phrase "nine (9) and(ii) deleting the date "D ecember 31, 2017" and replacing it with the
date "December 31, 2021."
4. Section 2.3 is hereby am ended by deleting the phrase "1-5" and replacing it with the
phrase "1-9."
6. Except as amended herein all terms of the Lease remain unchanged and in full force and
effect.
[Signatures on Following Page]
IN WITNESS WHEREOF, Landlord and Tenant have caused this Amendment to be executed as
of the date set forth above.
LANDLORD:
CITY OF EDEN PRAIRIE
By:
Nancy Tyra-Lukens, Its Mayor
By:
Rick Getschow, Its City Manager
Dated:
TENANT:
PURE GRACE, LLC
By:
Its:
Dated:
CITY COUNCIL AGENDA
SECTION: Reports of Community Development Director DATE: July 16, 2013
SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: XI.C.2.
Community Development
Janet Jeremiah Nine Mile Creek Watershed District Extension
Michael Franzen of Developer's Agreement
Requested Action
Move to: Adopt the resolution granting a 24- month extension to Developer's Agreement
between Nine Mile Creek Watershed District and the City of Eden Prairie.
Synopsis
The Nine Mile Creek Watershed District requests a 24 month extension to its Developer's
agreement, which expires on January 18, 2014. The property is located at 12800 Gerard Drive,
12776, 12782 and 12784 Gordon Drive.
Background Information
The Nine Mile Creek Watersh ed District received City Council approval for A Water Resource
Center as more fully described in a Developer's Agreement dated January 18, 2011. A condition
of the Developer's Agreement states that if the project does not proceed within 36 months of the
date of approval, the Developer would not object to City Council action to revoke the approvals
granted, thus restoring the property to the status prior to the project approval.
Attachments
1. Resolution to extend Developer's Agreement
2. Letter from Nine Mile Creek Watershed District dated May 23, 2013
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO. 2013-
A RESOLUTION GRANTING EXTENSION TO THE DEVELOPER'S AGREEMENT
FOR NINE MILE CREEK WATERSHED DISTRICT WATER RESOURCE CENTER
BY NINE MILE CREEK WATERSHED DISTRICT
WHEREAS,Nine Mile Creek Watershed District has received City Council approval for
a Water Resource Center at 12800 Gerard Drive, 12776, 12782 and 12784 Gordon Drive, more
fully described in a Developer's Agreement dated January 18, 2011; and
WHEREAS, a condition of said Developer's Agreement states that if Developer does not
proceed with the project within twenty-four(36 ) months of the date of Agreem ent, Developer
would not oppose City Council action to revoke the approval action, thus restoring the status of
the property before the project was approved; and
WHEREAS,the twenty-four(36) month period ends on January 18, 2014; and
WHEREAS, Developer has not proceeded with the Agreem ent at this time, and has
requested approval of an extension to the Developer' s Agreement for an additional twenty -four
(24) month period; and
WHEREAS, the City C ouncil has reviewed said extension request at its July 16, 2013
meeting.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eden
Prairie, Minnesota, hereby grants the extension of the Developer's Agreement for an additional
twenty-four(24)month period, ending January 18, 2016.
ADOPTED by the City Council of the City of Eden Prairie this 16th day of July 2013.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen Porta, City Clerk
WATER S HE D DIS T R ICT
District Office: Edina Business Center • 7710 Computer Avenue • Suite 135 • Edina, MN 55435
Ph. 952-835-2078 Fax 952-835-2079 Web Site:www.ninemilecreek.org
May 23, 2013
Mr. Mike Franzen
City of Eden Prairie
Community Development Department
8080 Mitchell Road
Eden Prairie, MN 55344
RE: Development Agreement—Nine Mile Creek Water Resource Center
Dear Mr. Franzen:
As you are aware, the Nine Mile Creek Watershed District and the City of Eden Prairie entered into a
Development Agreement dated February 15, 2011 for the conversion of a single family home located at
12800 Gerard Drive into the Nine Mile Creek Water Resource Center.
As part of the donation agreement between the property owner and the Nine Mile Creek Watershed
District, the owner has occupancy of the home until June 1, 2013. While we have been active in some
preliminary design efforts, we are not able to fully engage in planning activities until after June 1, 2013.
The Development Agreement requires the Nine Mile Creek Watershed District to commence with within
36 months of the completion of the Development Agreement. The Nine Mile Creek Watershed District
is requesting a two (2)year extension to the Development Agreement to allow us flexibility in our
planning, design, and construction of the Nine Mile Creek Water Resource Center.
Please let me know if you need any further information from the Nine Mile Creek Watershed District.
On behalf of the Nine Mile Creek Watershed District Board of Managers, I thank you for your assistance.
Sincerely,
/1//Z--
Kevin D. Bigalke
District Administrator
Board of Managers
LuAnn Tolliver-Minnetonka Corrine Lynch-Eden Prairie
Jodi Peterson-Bloomington Steve Kloiber-Edina Geoffrey Nash-Edina
CITY COUNCIL AGENDA
SECTION: Reports of Community Development Director DATE: July 16, 2013
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.C.3.
Community Development
Janet Jeremiah Screening Of Cell Tower Equipment
Michael Franzen
Requested Action
Move to:
• Move to direct staff to prepare a code am endment for review and discussion with the
Planning Commission.
Synopsis
This item is in response to a resident conc ern about the visual ap pearance of cell tower
equipment near the intersection of Cherokee Trail and Old Shady Oak Road.
There are 3 0 cell towers with equ ipment. Equipment on private property has been
screened with landscaping, fencing, walls or buildings. Equipment within the right of
way has not been screened.
Other communities have required screening on private property with landscap ing,
buildings, enclosures, and painting. Screening has not been required in right of way.
Screening options in right of way is limited due to sidewalks and trails in some locations,
but primarily due to limited space and need for snow storage. The best option in this case
is decorative fencing and landscaping.
Attachments
• Memo
Date: July 10, 2013
To: Mayor and City Council
From: Michael D. Franzen, City Planner
Subject: Screening of Telecommunications Equipment
Background
Telecommunications is one of many types of public infrastructure. Phone, cable, electric, lights,
power lines, and traffic signals can been seen on private property and within City right of way.
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Electric,phone, and cable place equipment inside metal or plastic boxes located on the ground.
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Below is an example of ground mounted telecommunications equipment.
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On private property, landscaping, fencing, or walls have been used for screening.
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When cell towers and ground mounted equipment are located on private property there is
adequate room for screening, with landscaping, fences, walls, or buildings.
When cell towers and ground mounted equipment are located in right of way, the amount of
room for screening is limited, since most streets have an 11 - 15 foot of room between the curb
and the property line. Room is needed for snow storage. On streets with sidewalks and trails
there is no room for ground mounted equipment. A decorative fence with landscaping would
work best when space is limited.
2
How many cell towers are there in the City?
There are 30 towers.
• 8 on city property
• 4 within right of way
• 18 on private properties
Do other cities require screening of telecommunications equipment?
Staff contacted the cities of Eagan, Maple Grove, Edina, Woodbury, Minnetonka, Plymouth, and
Bloomington for screening requirements. All cities have varying requirements for screening of
equipment on private property.
• Painting a non contrasting color to the surrounding area
• Landscaping, evergreen type,preserve existing vegetation
• Buildings or enclosures when compatible with the neighborhood and existing buildings
Staff suggested screening solutions on private property
1. Inside of a building
2. Inside a metal cabinet with landscaping
3. Behind a brick/stone wall
4. Decorative fencing
5. Landscaping
Staff suggested screening solutions within right of way
1. Inside a metal cabinet with landscaping
2. Decorative fencing with landscaping
Next step
Direct staff to prepare a code amendment for review and discussion by the Planning
Commission.
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Known Telecommunication/Antenna Sites
City Property
Initial Establishment Address Location
1994-01 6233 Baker Road Watertower
1997-01 7401 Baker Road Watertower
1998-01 6233 Baker Road Watertower
12100 Sunnybrook
1999-01 Road NSP Tower
2000-01 8950 Eden Prairie Road Tower 80'
15150 Technology
2001-03 Drive Tower over 80'
2006-01 8950 Eden Prairie Road Tower over 80'
2007-02 9325 Dell Road Tower with SIREN
City Right of Way
2004/2012-19 6465 Cherokee Trial W NSP Utiltiy pole
Franlo and Pionner
2006-03 Trail Tower less than 80'
2007-01 13900 Holly Road Tower with SIREN
Undetermined 9100 Riley Lane Road (3) light poles
Private
Property/School
1997-02 11455 Viking Drive Roof top
1997-03 9813 Flying Cloud Drive Tower 80' or under
Tower/Cross over
2000-02 15050 Scenic Heights 80'.
2006-02 6201 Dell Road Tower 55'
2006-04 7825 Fuller Road Tower 80' or under
2006-05 8915 Aztec Drive Tower 80' or under
2006-06 7500 Flying Cloud Drive Roof top
6600 City West
2009-02 Parkway Roof top
2009-04 Singletree Lane Roof top
2010-01 9675 Hamilton Road tower under 80'
17185 Valley View
2010-16 Road tower over 80'
2010-09 11995 Single tree Lane Roof top
Undermined 7605 Corporate Way Tower 80' or under
Undermined College View Tower 80' or under
2011-02 7595 Anagram Drive tower over 80'
2011-03 9531 78th Street West Roof top
4
775 Prairie Center
Undetermined/2011-14 Drive Roof top
Undetermined 10125 Crosstown Circle tower under 80'
5
CITY COUNCIL AGENDA DATE:
SECTION: Report of Parks and Recreation Director July 16, 2013
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.D.1.
Jay Lotthammer, Director, Community Garden Plot Lease Agreement
Parks and Recreation with Metropolitan Airports Commission
Requested Action
Move to: Approve the lease agreement with the Metropolitan Airports Commission for the
Community Garden Plots Area.
Synopsis
The Metropolitan Airport Commission(MAC) owns land that is located near the northeast
corner of Flying Cloud Drive and Pioneer Trail. For many years, this land has been leased by the
City of Eden Prairie and used by residents as a community garden. Previously, the term of the
lease has been for three years at a time. MAC staff has communicated that this will likely be the
last year of the lease, so they have only made it a one year term. The rent payment is the same as
last year,plus a 5% increase. The lease has been approved by MAC and they would like to
execute it as soon as possible.
Recommendation
The MAC property Community Garden Plot Lease Agreement has been prepared and reviewed
by both City and MAC staff. The terms of the lease are in line with the agreed use conditions
which were negotiated last fall and staff recommends that it be approved by the City Council.
Attachment
Lease Agreement
COMMUNITY GARDEN PLOTS LEASE AGREEMENT
THIS COMMUNITY GARDEN PLOTS LEASE AGREEMENT ("Lease") was made effective
January 1, 2013 between the Metropolitan Airports Commission ("Commission"), a
public corporation of the State of Minnesota, as Lessor, and the City of Eden Prairie
("City"), as Lessee.
WITNESSETH:
WHEREAS, the Commission has determined that it currently has no specific airport use
suitable for the property described in this Lease and is authorized to lease or license the
property for compatible uses; and
WHEREAS, the City desires to lease the property to operate community garden plots on
the property; and
WHEREAS, the City and Commission entered into a Memorandum or Understanding
("MOU"), dated December 17, 2002, that addresses certain terms regarding the
property; and
WHEREAS, the City desires to define certain parcels of the property as described in the
Lease below, the MOU, and as shown on attached Exhibit A; and
WHEREAS, the Commission has determined that the authorized uses under this Lease
would not interfere with airport operations; and
WHEREAS, Commission is willing to lease the property to the City upon the terms and
conditions of this Lease, which has been approved by the Commission on June 17,
2013.
NOW THEREFORE, in consideration of the mutual covenants hereinafter stated, the
parties hereto agree as follows:
1. PROPERTY. The Commission grants to City a lease to occupy and use, subject to
the terms and conditions stated herein, a portion of the lands constituting Flying
Cloud Airport ("Airport") in Hennepin County, Minnesota, totaling 3.17 acres, as
shown on attached sketch ("Premises"):
And as designated in red on the plat attached hereto as Exhibit A
and made a part hereof.
And the legal description of the premises area is attached hereto as
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Exhibit B and made a part hereof.
2. USE. The Premises may be occupied and used by the City for recreational
purposes as follows:
Solely for the operation of community garden plots.
Use of the Premises hereunder and improvements made in furtherance of such
use shall at all times comply with clearance requirements under FAA regulations
and state zoning requirements.
3. TERM. The term of this Lease shall be one (1) year, commencing January 1,
2013. The Premises are subject to recapture by the Commission upon six (6)
months written notice to City, with no monetary compensation to the City. The
City may terminate this Lease upon six (6) months written notice to the
Commission with no monetary compensation to the Commission. In the event of
termination or recapture, the City shall have 90 days within which to remove its
property, equipment and fixtures located or placed thereon and to restore the
Premises to a condition acceptable to the Commission.
Upon termination of this Lease or any subsequent renewal lease, Commission
has no obligation to provide the Premises or any other Commission or Airport
property to City.
4. ASSIGNMENT OF LEASE: The City shall not assign or transfer this Lease, nor
permit this Lease to become transferred by operation of law or otherwise, nor do
or suffer any acts to be done whereby the same may be or become assigned in
whole or in part. The City shall not sublease the whole or any part of the
Premises.
5. CONSTRUCTION AND MAINTENANCE.
All plans for the grading and construction of and relating to replacement of or
alterations to the Premises, facilities or improvements shall require Commission
staff review and approval, and in addition, all expansion, construction, repair,
replacement and alteration plans must meet the requirements of the Federal and
State regulatory agencies for clearance and protection of approaches in respect
to the airport. Final design by City for the Premises shall be subject to review
and approval by Commission for conformance with FAA and state rules and
regulations and compatibility with airport operational requirements. All work
shall be carried on at such time or times and under such control as the
Commission's Airport Manager may impose to coordinate the same with the
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necessary continuous operation of the airport. The City shall fence the Premises,
according to Commission requirements, to prevent unauthorized access to the
airport operational areas.
In addition, the City agrees to comply with the notification and review
requirements covered in Part 77 of the Federal Aviation Regulations in the event
any future structure or building is planned for the Premises, or in the event of
any planned modification or alteration of any present or future building or
structure situated on the Premises.
All work shall be completed at City's cost, and City shall notify Commission prior
to continuing any work if any foreseen or unforeseen environmental conditions
exist or manifest; keep the Premises, this Lease and every improvement on the
Premises free and clear from all liens for labor performed and materials
furnished; and defend, at City's cost, each and every lien asserted or filed
against the land, any part thereof, or against this Lease or any improvement on
the Premises and pay each and every judgment resulting form such lien.
In addition to the monetary rent paid to the Commission, the City shall, at all
times and at no cost or expense to Commission, maintain the Premises and all
improvements thereon in a neat and clean condition and in good repair and shall
keep the Premises free from debris, weeds and erosion. The City shall not suffer
or permit any waste or nuisance on the Premises and shall permit no illegal acts
or conduct thereon or such as will constitute a nuisance.
6. RENT. As rent for the Premises the City shall pay annually an amount of
$420.38 per year. The rental rate must be consistent with any change made in
the future to federal revenue diversion policy. Thus, the rental amount may be
changed during the term of the Lease in order to maintain compliance with
federal revenue diversion policy upon sixty (60) days written notice from the
Commission to the City.
City shall pay for all water, sanitary sewer, gas, electricity, telephone, refuse
collection, and storm sewer charges, environmental charges and fees, or other
similar charges used on or attributable to the Premises, together with any taxes,
penalties, interest or surcharges associated with such utilities and charges.
City shall pay all applicable taxes (including, but not limited to, property taxes),
assessments, license fees, regulatory fees and other charges, if any, imposed by
any other governmental authority during the Term of this Lease upon or related
to the Premises, buildings, improvements or other property located thereon, or
upon City's use or occupancy, for whatever term deemed applicable to City by
3
that governmental authority. City shall pay these amounts without deduction or
set-off against Rent to be paid under this Lease.
7. INSURANCE. The City agrees to indemnify and save harmless the Commission
from any and all claims or causes of action arising or claimed to arise by reason
of injury or death to person or damage to property and arising out of or
incidental to the Commission's grant to the City of this Lease or out of act or
omission of person or persons incident to use and occupancy of the premises.
The City shall either (i) maintain insurance, a standard term policy or policies of
insurance in amounts as hereinafter set out against public liability, blanket
contractual liability and property damage including personal and advertising and
products liability, or (ii) provide self-insurance of equivalent protection. Such
policy of policies shall be in the amount of statutory limits provided by Minn.
Stat. 466.04, or as such statute may be amended or modified from time to time,
which currently requires one million five hundred thousand dollars ($1,500,000)
per accident or occurrence or five hundred thousand dollars ($500,000) per
person. The general liability insurance shall name the City as insured and shall
also name the Commission as additional insured by endorsement to the policy or
policies. The City also shall maintain statutory workers' compensation insurance
or self-insurance for all employees performing work under this agreement.
Nothing in this Lease constitutes a waiver by the City of any statutory or
common law, defenses, immunities, or limits on liability. The obligation of the
City of Eden Prairie under this section cannot exceed the greater of (i) amount
that the City would be obligated to pay under the provisions and limitations of
Minn. Stat. Chap 466 or (ii) the amount of insurance carried by City applicable to
a claim referred to in the first sentence of this Section 7.
8. HOLD HARMLESS. To the extent permitted by law, the City agrees to hold and
save harmless the Commission from any and all claims, liens or liability which
may arise from City's construction, maintenance, repair or replacement aforesaid
or from claims of labor or materials involved in or rising out of the same.
The City shall indemnify, defend and hold harmless Commission from and against
any and all losses, liability, fines, lawsuits, charges, damages, penalties, or claims
of liability for loss, damage or injury to persons or property on or about the lands
under Lease from whatever cause, and Commission shall not be liable to the City
to any extent, nor will the City make any claim against Commission for or on
account of damage to the lands under Lease or loss damage to or destruction of
improvements, facilities and structures thereon.
Nothing in this Lease Agreement constitutes a waiver by the City of any statutory
or common law, defenses, immunities, or limits on liability. The obligation of the
City of Eden Prairie_under this section cannot exceed the greater of (i) amount
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that the City would be obligated to pay under the provisions and limitations of
Minn. Stat. Chap 466 or (ii) the amount of insurance carried by City applicable to
a claim referred to in the first sentence of this Section 8.
9. FAA AND MNDOT. Execution and continuation of this Lease is conditioned upon
approval and agreement of the FAA and MN/DOT, Division of Aeronautics that
the development and use of such lands for recreational purposes would not
conflict with aircraft operations to and from the airport and would comply with
the clearance and approach requirements presently applicable at said airport.
10. COMPLIANCE WITH LAWS. The City shall comply with all laws, ordinances, rules
and regulations of the United States of America, the State of Minnesota, or of
agencies, departments or divisions of either (including but not limited to the
Riley-Purgatory and/or the Lower Minnesota Watershed Districts), or of the
Commission relating to the Premises and the use thereof or relating to control of
ground and air traffic, aircraft operations and the general use and operation of
the airport; and the City shall see to the payment of any all taxes, assessments,
license fees or other charges that may be legally levied, assessed or made during
the term of this Lease or any extension thereof by reason of the uses hereby
permitted of the Premises. City shall provide evidence of compliance with such
laws to the Commission upon request of the Commission.
11. HEIGHT. The City expressly agrees for itself, its successors and assigns to
restrict the height of structures, objects of natural growth, and other objects on
the Premises to a height that will not constitute an obstruction as determined by
the standards in Federal Aviation Regulation, Part 77. In the event the aforesaid
covenants are breached, the Commission reserves the right to enter upon the
Premises and to remove the offending structure or object and cut the offending
tree, all of which shall be at the expense of the City. Further, the City agrees
that no lights will be permitted (including automobile headlights) or installed on
the Premises which will have a detrimental effect on control tower operations or
otherwise affect night operations.
12. FLIGHT OF AIRCRAFT. The City expressly agrees for itself, its successors and
assigns to prevent any use of the Premises which might interfere with the
landing and taking off of aircraft from the Airport or to the flight of aircraft over
the Premises or otherwise constitute a hazard, or interfere with air navigation
and communication facilities presently or in the future serving the Airport. In the
event the aforesaid covenant is breached, the Commission reserves the right to
enter upon the Premises and cause the abatement of such interference at the
expense of the City.
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13. WITHOUT PREJUDICE. It is understood that grant of this Lease and use of the
Premises is conditioned upon and shall be without prejudice to the rights of the
Commission as owner and operator of the aforesaid public airport of which the
subject Premises constitute a part.
14. NONDISCRIMINATION. The City for itself, its heirs, personal representatives,
successors in interest, and assigns, as a part of the consideration hereof, does
hereby covenant and agree, as a covenant running with the land, that in the
event facilities are constructed, maintained, or otherwise operated on the
Premises for a purpose for which a DOT program or activity is extended or for
another purpose involving the provision of similar services or benefits, the City
shall maintain and operate such facilities and services in compliance with all
other requirements imposed pursuant to 49 CFR Part 21, Nondiscrimination in
Federally Assisted Programs of the Department of Transportation, and as said
Regulations may be amended.
The City for itself, its personal representatives, successors in interest, and
assigns, as a part of the consideration hereof, does hereby covenant and agree,
as a covenant running with the land, that: (1) no person on the grounds of race,
color, or national origin shall be excluded from participation in, denied the
benefits of, or be otherwise subjected to discrimination in the use of said
facilities; (2) that in the construction of any improvements on, over, or under
such land and the furnishing of services thereon, no person on the grounds of
race, color, or nation origin shall be excluded from participation in, denied the
benefits of, or otherwise be subjected to discrimination; and (3) that the City
shall use the Premises in compliance with all other requirements imposed by or
pursuant to 49 CFR 21, Nondiscrimination in Federally Assisted Programs of the
Department of Transportation, and as said Regulations may be amended.
15. COMMISSION RESERVATIONS. Commission reserves the right to further develop
or improve the landing area of the Airport as it sees fit, regardless of the desires
or view of the City, and without interference or hindrance.
Commission reserves the right, but shall not be obligated to the City, to maintain
and keep in repair the landing area of the Airport and all publicly-owned facilities
of the airport, together with the right to direct and control all activities of the City
in this regard.
16. COMMISSION RIGHT OF ENTRY. Commission shall at all times and through its
agents and employees or contractors have a right of entry upon the Premises, as
may be necessary in the development, maintenance and operation of the airport,
including for the purpose of wildlife management. Further, the Commission
reserves the right to install and maintain on the Premises such utility lines,
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conduits, pipes and facilities as may be necessary to the development,
maintenance and operation of said airport, provided Commission shall at its cost
and expense, repair any damages and restore any portion of the Premises
damaged by reason of such installation and maintenance. However, if the City
causes the need for such repair, construction, installation, or maintenance, the
Commission will not pay to repair or restore any part of the Premises.
17. REQUIRED NOTICE. Incident to use and occupancy of the Premises hereunder,
the City will advise those making use of or coming on the Premises and the
parents of those children making use of the Premises that Commission has no
responsibility in respect to maintenance, care, policing, control and supervision of
the premises so long as this Lease is in effect. The City will post signage visible
to property users that the Premises are owned by the Metropolitan Airports
Commission.
18. ENVIRONMENTAL OPERATING CONDITIONS.
Any materials/waste (hazardous or otherwise) "left over" from City's use and
occupancy of the Premises are the property of the City and must be removed by
the City. Waste disposal must follow all county, state and federal regulations.
MAC is not the owner, generator or the party responsible for removal/disposal of
this waste/material.
City shall also notify MAC of any spills or dumping, regardless of the amount,
occurring on Airport property to which the City has knowledge. If MAC incurs
costs related to a spill or other environmental expense related to City's
operations at the Airport, unless due to the negligence of MAC, MAC will bill City
for all MAC's costs, plus a fifteen percent (15%) administrative fee. City shall pay
MAC within thirty (30) days of invoice.
19. NOTICE
All notices or communications between Commission and City shall be deemed
sufficiently given or rendered if in writing and delivered to either party (i)
personally, (ii) by registered or certified mail return receipt requested, or (iii) by
nationally recognized overnight courier service. Except as otherwise specified
herein, all notices and other communications shall be deemed to have been duly
given (a) the date of receipt or rejection if given personally, (b) three (3)
business days after the date of posting if given by certified or registered mail, or
(c) the first (1st) business day after the date of posting if delivered by a
nationally recognized courier delivery service. Notices hereunder may be given
by the respective attorneys for any of the parties. Addresses for all notices are
as follows:
Commission: Metropolitan Airports Commission
Attn: Roy Fuhrmann
6040 28th Avenue South
Minneapolis, MN 55450
City: City of Eden Prairie
Attn: Director of Parks and Recreation Services
8080 Mitchell Road
Eden Prairie, MN 55344
Either party may change the party's address for notice by providing written
notice to the other party.
19. WAIVER
The waiver by Commission or City of any breach of any term of this Lease shall
not be deemed a waiver of any prior or subsequent breach of the same term or
any other term of this Lease.
22. COMMITMENTS TO FEDERAL AND STATE AGENCIES
Nothing in this Lease shall be construed to prevent Commission from making
such commitments as it desires to the Federal Government or the State of
Minnesota in order to qualify for the expenditure of Federal or State funds on the
Airport.
This Lease shall be subordinate to the provisions of and requirements of any
existing or future agreement between Commission and the United States,
relative to the development, operation, or maintenance of the Airport.
23. RIGHT OF FLIGHT / NOISE
There is hereby reserved to the Commission, its successors and assigns, for the
use and benefit of the public, a right of flight for the passage of aircraft in the
airspace above the surface of the Premises, together with the right to cause in
said airspace any noise inherent in the operation of any aircraft used for
navigation or flight through the said airspace or landing at, taking off from, or
operation on the Airport.
24. ENTIRE AGREEMENT. This Lease represents the entire agreement between the
parties and supersedes any prior agreements regarding the Premises or any part
thereof.
8
IN WITNESS WHEREOF, the parties hereto have signed this Lease Agreement the day
and year written below.
METROPOLITAN AIRPORTS COMMISSION
By
Vice President — Management & Operations
Date
CITY OF EDEN PRAIRIE
By
Mayor
Date
By
City Manager
Date
9
LESSOR NOTARY
STATE OF MINNESOTA )
) SS
COUNTY OF HENNEPIN)
This instrument was acknowledged before me on the day
of , 2013, by as the
authorized representative of the Metropolitan Airports Commission.
(Notarial Seal) Notary Public
CITY NOTARY
STATE OF MINNESOTA )
) SS
COUNTY OF )
This instrument was acknowledged before me on the day of
, 2013, by and
Mayor and City Manager, respectively of the City of Eden Prairie.
Notary Public
(Notarial Seal)
10
May 16, 2011
EXHIBIT A
PREMISES
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12
May 16, 2011
EXHIBIT B
COMMUNITY GARDEN PLOTS
"PREMISES" - LEGAL DESCRIPTION
Beginning at the southwest corner of the southeast quarter of the northeast quarter of
Section 27, Township 116, Range 22 lying in Hennepin County, Minnesota; then
northward along the west line of said southeast quarter a distance of 760 feet, then
south 89° 36' 24" east a distance of approximately 162-feet to a point intersecting the
right-of-way of the east side of Pioneer Trail which is the point of beginning for the
Premises; then continuing on the same bearing eastward a distance of 147.97 feet,
then south 0° 25' 23" west a distance of 100 feet, then north 89° 58' east a distance of
approximately 645 feet to the intersection with of the north right-of-way line of
Hennepin County Road #1, then proceeding in a southwestern, westerly, northwesterly
and northerly along said road right-of-way line back to the point of beginning.
13