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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$2,568,140. Work shall be done in accordance with the City's Standard Agreement for Professional Services(Agreement). This proposal letter is an exhibit to that Agreement. A filled in and SEI-I signed copy ofthis document has been enclosed. Schedule Upon receiving authorization to proceed, we will commence work according to the recommended schedule below: DATE ACTIVITY/T- ASK July 16, 2013 Council Considers Awarding SEH the Feasibility Contract July 24, 2013 Meeting with MnDOT to Discuss Possible Design Variance August 1, 2013 Complete Feasibility Design showing Alignments,Cross Sections,Grading Limits, ROW,and Easements August 20,2013 Council.considers Pulte/Reeder Ridge Plat with Connection proposed ROW and Easements incorporated. October,2013 SEH completes tasks detailed on TIIB Conclusion The Agreement,Exhibit A,Exhibits B-1 and B-2,and the THB represent the entire understanding between the City and us with regards to the project and may only be modified in writing signed by both of us. As always, we are looking forward to assisting the City with Feasibility design phase services for this project, If this letter satisfactorily defines our role in this project,please have City officials sign and date both Agreements and return one to me at the address shown on this letterhead. In the meantime, please contact me at 952.912.2611. or ppasko@sehinc.com sehinc.com with questions or comments. Sincerely, SHORT ELLIOTT HENDRICKSON INC. egg itz.4. Paul J. Pasko III, PE Project Manager Enclosures c: Chris McKenzie, SEH(with all enclosures) Justin Klabo, SEI-I(with all enclosures) Deric Deuschlc, SEH (with all enclosures) Jeff Johnson, SEH(with all enclosures) Brent Theroux, SEH(with all enclosures) IP rI EVE1Edenp112.14$I11.gen1510-cunirae1Ornpaval4L'x10kir A prnpayal kr 7 10 13.dne: '.< .'!,., <.S wi1+S•.il 7r „' -` 4,,•^''"Cti•. 1. *`. +.. f�+rs r l t :4..{ LEGEND {' r•• '4 "0.,0 i. } .a� �/�• / 0 7 crIrt, R'RIDE(RAIL PAVNG UNITS 1 1 7A,' J • 'i t .,{' 4 -�; % � �PIdOPOSED lh'LPOR}ARY C) ��,,,!pQ�' " "Vr, GRaDR3c EASra1ENr .`•'' —, PAHHC UWiS[28 RA EOM V t *• z'1-.$ r ,3 r" 1 ,i`"c"Y:_ s't _yea".:•r PRAIRE ROM}.ow GR1',EWAYS) '' ,- `'4, O y�.y�_ •`,� _ , , .-'••r r T _3:t SLOPE GRADING OATS t �4.L.� y 7'1] f - .I, i. i ^1 s •+ .. '6•, _ l �! J �! i f7•: 4: `fir C- E �, :r11 r # 5 7 f. ; �' �V j1 1 r7 .- r 1 �� ' aryl -�'k:i.... 4 t, tv ad &* TI .tia .,�k3.1i II: A Si�.C:.1•,,,i`1`'•' .. . MAMMA.LENGTH OP / < 4 - - - Y .a6'Lt%iG PROPOSED eEWAY fi T 1 j-*, P,..- _� . 1 } r' I r • APPmMmalei 67.9 Aron mute a-lox rrellle 4` "'•?.. �4.. •;�_ '•``. - :'1,t1� q�''''�`.7l is•[,,,�.'r�31,k'•'�. • ' N. �ti i Goding,empanlry c7' -- � .E is .`'�,. 1 LI ` r� � Addmar 6610.red 6FWry FmenuAl - � .3.A4; ' �;. rl ••t. -•�•.• ,.F` xumher[ Strev[ PID ISO IACPE} {9F} �R[R1i1- - _ y .Y'' _r13 �•` ... q' ` .1'. .-4' 1.. 16860 Flyrng Claud OrWv 2941744244.C602_ 0 600 O U.9D !' r '-- '�''nr err d - -� . - 161f-0 Flying Cfaud Or{w 79116 2436 37 30 0 0.95 74631 L76 ,'-' "�S•• ': ` R c ...R'� 4L5.' [i _ yrt \t 0! .,, _ ., n 10190 Eden709ft hard 794167249.0003 20496 647 21.012 648 '�.:.3^,4, i`i V .. 1'r. 1 9 �.,�5" 7,'.' ,y _ _ y E 101976dvn P01114 Raid 29.11627•L3•0006, 1v0W O-1 5.461 Rli ... .. A, ..'5 1^ w �_ :�`,19�1 1IiklA 11' ' 1 Y -`r �Hi 16 10190 elen Pnlrls Mad 29-116.2241- 11 12.8D9 0.20 27,820 0.51 „r ..n ` 61 Edon PriIr1•i[ald 29116-22-410001 Cl 0.00 0 A07 *' -DTA P509 100E TO 512100 IAINING LL ['` +�.� i%iv1b 71.158 3.63 113.770 2-91 N A �Q ' •. �{.��. -_,- ,''::' •:.v1 \ DRIYE14AY IiEr1U SEEJ1T(9%a rx1 EDEN PRAIRIE ROAD CONNECTION TO FLYING CLOUD DRIVE - ALTERNATE 6 - 10% PROFILE •y1U _ _ _ —I- - -L5 17+70.- I 4 1 ___ 1 `vim. t.„ },r 910_ - 1 - — — -rt- •RL1.51 5ISrd6A0_ ._i'T1H_— _-..._., eta 900 _ s 40— >n 89fl l a 894 1t 880 — K-?le -a S@fl E10Sr1HG(7i01h1E AT _ 870 870—— _—LE STA=541t.�e.29.— PROPOSED OEKIEAl1NE _ - 860 P u-7491E eL .ri� 880 i 850J KPH EL-.7 .10-7___ n^ S5Q _840 �z�r __ .��T 840 a" 8gialy 30 ' - . .if______— - RSA•- - 820_ 810 * ——--t BOO sae .-_,r �_PROPOSED CENTERLINE PROFCE 790" t 780 i N ,- i a' 7130 "' ill • no f 780 € ' �_ Aso '. 750 _ 4931-00 494+00 495+00 496+00 497+00 498+00 499100 500+00 501+00 502+00 503+00 S0+F0M 505110 506•F OD E07+00 506+00 50➢+1W 310µ00 $1i+07 Sr2100 513100 514+00 5151 on 5111 Cd 5171 CO 51H+110 510+10 520400 521+00 5221.00 523090 n 1 rYIM 5/11,03 RETAINING RAILS AODEO n•"^'"wY11AE No. I WARN a — => WC. •.N„ EDEN PRAIRIE RD AND ALTERNATE B 10% Evr:g.24/..1 O. `"'' �� 152912WA EDEN PRAIRIE 1B oEs61Qt r1wr i! ` `utl 2 Melt COM FLYING CLOUD DR 55 OfECNC0or__P+ svu Ntlinll wv,�+„,�.,,,1,�•,o MINNESOTA PLAN AND PROFILE w1L XX ;t_ 6La6N iLAu [„ RAPE WNW*. ,4.11.1'� SEF�•••�^ ^ CONNECTION 4n6/[3 „,l ' 0sty ;1'. n .1(,.17-• ez, ,--,... ,,J. .... . . ,k , .,” . "'°' , - 1 ERR /rI '{.vr-,ti,i •i.,..•, ,( - • --- , { r� it I• r 'e �a' \\ f.' wl 5 4 f { S. .., • V. • +k t} d; `.Ffr RF 1!-I��,�r;aL� ,��: ' 'Z•.: s `/�' �, LEGEND } `_.q. .., . °. f' r f' l H'ME 1RAI PAVING LIMITS :.2. .• uF . ,� _ �[/ /' • �l • • •y . .i• G.. I ( vLd�V' .• ..h�I II-I f• .I,�� r< .. , ... y I. �• } PAVING Louis 2e B EDEN T -• ]��• • 1•'\ , v iY PRAIRIE ROW.(25'0Po1'EWAYS) ^�N .115Y51 �!. _ �, ` 3_ .'_. Y 3yl�7 v=.. s•1 s aPs caAualc uuis �t� . h` At.,4, -e „f l i .i'' - F Tfr'i , 4`ci. • \ i .fr .)i. 25 NPF10E¢CJ! '� L_i r7ler . /`.� ,.r^� Ir•: � F'fil , SPEED WIVE 'tea E�• - - - .'r, s' .:1'.• � f� - Approalmalo Input Areas•AItoma6eC•10%P16l114 p[rQ -L �!• 1•!'v 1 GrodlPg ntrVerery �� q,ll�', . ~ F.;k• -n I Address 66'Right 61 Way Faa,menl ' - 0wnberl SIroW PR1 (5+7 L[Sia !SF} lACPFJ \ T•1p'Cr d 1p � '� 11..1966l Flying Cloud prim, 29•l16•!Id0.0002 0 000 6 002 m�L`Jaf• _10660 F1y[4SCIGod OrFye 441642.!&Odly 30,130 0.6Z 32,,618- 0.75 - =-_-� '-' \ \ `r 1'•.v � , _ \\ ; ;r'10190 EdenPraldr Road 2311&723}0003 14316 039 17,775 02R .+ ,- , a 10197 Eden Prairie Goad 7,116-tb430036 13,330 031 3,513 019 yE { ' 2 10100 Eden PraIde Gold 29136-22-•}0003 3,193 007 4471 -o o :W 1' C316d,M1 Prald,Rand 79.116-co-oY00D1 6,9I0- 020 Sol 001 - dr'iYl I iolals 56,fi99 L36 55,96E L76 o •" '' 7,1 EDEN PRAIRIE ROAD CONNECTION TO FLYING CLOUD DRIVE - ALTERNATE C - 10X PROFILE •' 920 Tar -- - - HP S1A-615+52.87 R 910 - - H r1-66444- . cT 910 880 i �7Q w4r1� 880 3 -870 7 -0^STA 601+t _ F i ' aan 844- °° s36 ! a a — s �--- ezo 800 800_ . .EII &00 7§0- 750 9 770 s C —-r--- i 770 760 730 - 1—tiT,Rr '.n '' -g:,it--,1��,r.Re-�t� �� �rry..$„ ;w..m1_�,y #V,, — -- 730 593+00 594+00 595+00 868+00 597+00 596+00 599+00 800+60 001+00 002i00 0034-06 604+00 605+06 806+00 607+00 906+00 609+00 911+00 611+00 812+00 6131 00 614+00 615.03 616+00 617+00 019100 619+00 600+00 621400 822+430 623 400 NAM er. cw ,;�.., J EDEN PRAIRIE EDEN PRAIRIE RD AND ALTERNATE C 1OZ _�1'°7S 1C coa -- nrrxrr NI.' 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MINNESOTA PLAN AND PROFILE QA /// xx li 6 CF51f91 WAIL N9 RY PAW ROMPS FAT-�-,i set�"�- 'CO"' CONNECTION 09/13 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 PDF creaked with pdfFactory trial version www.pdffactory.com { • • 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 ' — N \, ' ?< cn O v 73 / IPLO , Cir V 14'v i - \, \ ‘Ili ' \0, 4 i ,,p,eCity West Parkway lesH - reekwood Park liaShady Oak Road \ _ 4 Ai_ I� Q mir 771 200 400 eet/i/ 77 .� �1 1 1 1 I 1 1 Guide Plan Map LSS Data Systems Parking Lot Reconfiguration 6423 City West Parkway, Eden Prairie, MN r Cn 1\0 . N C 0 CI _li° . - ___ j 0-i � kli lit ..,„,,4 , s -o ,,,,..... ______________ , ___ , . [Shady Oak Road / Cr_eexwood Park City West Parkway IV 16 ity of Eden ' raj ie Land Use Guide an Map 21 1 1 -2020 Rural Residential 0.10 Units/Acre Neighborhood Commercial N Low Density Residential 0-2.5 Units/Acre - Community Commercial Streams //Aj 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 Collect 02 or 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 Y// Office/Industrial Open Water LIVE•WORK•DREAM f�� Office/Public/Open Space Right—Of—Way 325 162.5 M OoAamm�Me molNmmlNM®1�XnpneB1 1 .., 325^IFeet - Industrial Zoning Map LSS Data Systems Parking Lot Reconfiguration 6423 City West Parkway, Eden Prairie MN LLU I. ' Il ) ,i Ihillillii W MI iik 1\1- 10 \ C viariO E _,.....:zr z 044. id 4 AL -------—)y.) O 411,-/;>: 110411- i,,ii, \\ - --.7 City West Parkw ,,1. 0;• -� \ 21111 . / , 4 _ _______, Pr i ,; • •rie • o ing M hady Oak Road ,41Z:4111-r-o-f--, '=Rural -Regional Commercial Shoreland Management Classifications N 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 tIVE•WOBIC•tlfi EI1M and attached legal description on file at Eden Paine Ciry Center will prevail. -Highway Commercial l I Right of Way -Regional Service Commercial n Right of Way 0 0.1 0.2 Miles .wa_,o...m..,=,..=4..t..o.a.,a ..._.i.mz..m ,..,,m„ Aerial Map LSS Data Systems Parking Lot Reconfiguration 6423 City West Parkway, Eden Prairie, MN . VI/ . ' ---? k . *ti = \ r / k y.: . A • t, ! 's F y 1 + iK z..-. tiig i ► V , if ,,. Vv - i� 1�_i'ry�+ Ait h t 70 k,- , 1111% ) -.....", ....--- --..._..."2 ......4 ,0, t, _ _ ..._, C/ - -4 4` - :. , . 4/ -I4A i � y .. ti. .�� r y . ' City West Parkway • a _if, , li „ICC) . , it - . Li, -4, . , . _ _ _.. . _:, .....„ ,• .. . - . , _ ,,,. .. ,ii .yam.; Q fir'Il �• � + •, / /// -- �. Y" . IA ® 3 _ ' Shady Oak Road \,r' ® • ' +da.Y- ... :oli, 4 y • 4 's A. 1 ...4 ,,,,,,* -....; , r ▪ -r e LIMA .�R Q ,k •4 /''r Sip'41 N :t5' a' ' illj r. �i , Q ,- 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 4413rt -- ---k .. - \__ Flying Cloud Drive 111" 11 ONA D All r—L- a O M153 1/Z z w a w C?/ - ? EE L 7f/r/P°"-. / 539O 780 F -t Guide Plan Map Popeyes 7995 Glen Lane, Eden Prairie, MN /,' • rd, ''' , .01 Flying Cloud Drive V LONA RD _ ______ /' I o II A. /4, ,„. /JJ� ,/ /I, r W &r „,:„.../ r , r ,/ . /!%i /w dP r • - • ' ' - rrd Use Gu' e t�, p• r • / 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 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 Y// Office/Industrial Open Water LIVE•WORK•DHEAM f� Office/Public/Open Space Right-Of-Way 300 150 MnOogamm�Me molNmmlNM®1�XnpneB1 1 ..op::300y^Feet - Industrial Zoning Map Popeyes 7995 Glen Lane, Eden Prairie MN Flying Cloud Drive i' III ONARE MI p rZ cMR imi FELrill('' ____3 ____L. it of E en - ' . ' ' 4i, =Rural -Regional Commercial Shoreland Management Classifications N 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. -Highway Commercial l I Right of Way -Regional Service Commercial n Right of Way 0 0.05 0.1 Miles .wa._1...m..,=,..=4..t..o.a.,a ... .ia., ,..,,m„ Aerial Map Popeyes Louisiana Kitchen 7995 Glen Lane, Eden Prairie, MN )R _ "took, _ _........, N, , . _r . .---T-N., ie„ , „ __ •• •, . . .. ..,,,, . ��. . # - , - , t. I :„ •. -.r.' _: Flying Cloud Drive 2.Y it.. l _ N + ' -• L--.[ W. � T.I}• 4^`1�` La ' - - _ t• � LE(INA R ••• .,.. ., • . , _. . ,..._ , 4; 1E1 f VI •1c41*. a �u' _ - - " _44 ,•„,.A. • .. --,..• i ii. ,..: �� +i .1 sI!• !, * Jo w • i .0 '.11 iiiii .. .44 i / 0 -OA\••-> • • - . . - , NW .. .. 7 1. lip.. 71 _, i , . ..!..1, -Z- - 4. . .— 1 , .�J r �.n �� f�F f!1 iR• ' i S1� 1 1 ' " Ada l •` T A "7 ¢a 1 I� l tf.•..._ �•� � - + `fit 9 " J S ¢� 4 ^. f Y 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 >_01\)ffiffr ME t- .i ati,.— ',. ' — plini \ — 'm _'-E' LLL- eFitmo0,,,f/ /H I ALTO WAY ;/ 1,�1111�1►� C • JTMI 11 �I d _ CIRRUS WAY 0 9111Cr VIMI 0-' Itir: 7 == 111�3��i►�I/��'����#�� - o ky Lane 7pg, u �� .� _ ��IrEi �1\\\111\11!�,�I�i illl Beverly Drive *. - •o • WI Lcj UFNBVLL RD / , it W Eden Prairie Road = LN SITE / y ••• �.•�._ASSLN J w \NW 1=1 \ All \ r Flying Cloud Drivel ,/ N 0 1,000 2,000 Feet , 1 AA ''7 1 1 I 1 1 1 Guide Plan Map Reeder Ridge South of Beverly Drive, West of Eden Prairie Road, Eden Prairie, MN US WAY r � ., Ab ) Q 41raawi6....,m / it PROSPECT RD ' ' c / e'nO I _ -"77m / °-n 4111:- 7.1111111____ --4'*4) . T o Eden Prairie Road , w- �--- 11 Beverly Drive SITE t swi- z ' 0 ill '..\-N-------":arsi \ -...--""4 (... -.' LI ___ _ _____,'L_ ....IIIIIIIe 4111 ood Park 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 Y// Office/Industrial Open Water LIVE•wORK•QAEAM f� Office/Public/Open Space Right-Of-Way 720 360 M Oogamm�Me molNmmlNM®1�XnpneB1 1 ..,®7y20^tlFeet - Industrial Aerial Map Reeder Ridge South of Beverly Drive, West of Eden Prairie Road , Eden Prairie, MN 4:74paili, , •. iv, ....._ , . -,--Ff„...a Sibi Eden Prairie Road f I„. P .i. -: d ,, Beverly Drive 1 , ow v ---?\ ....„ , r-i. # - 4*,`' n_ I i �4kl '�V ER .V m S4 { Ilia WI,, 'CI R 2 E R ihn 41,105;e - -1.111", fltr j MI I P4 I I I Pill I I I I 1741 I I I . 4,41i4ji „., 0 - w +441.94.'11 '' .t:'-f f.: 0 ''iktil t...r ; Y ri rr a. • i . :. _ ji.'' W - as _r -R a .. .'. .. ryr.y' .. I, / Flying Cloud Drive I I I I u� ' .$ '. I I1 I rr•;: 'rilmiPWa , - •` % tit ii Zoning Map Reeder Ridge South of Beverly Dr., West of Eden Prairie Road 7 / / i , I :T' T S CT ,� CIRRUS WAY O .......0,1 ..., Ft R �10mi. tor-- •, � -•Ail _ � QUO iv = PRO•PEC - 11hSIIPP Wohl3 Es ,,,___ .„ . G _ yaws �� Eden Prairie Roac Beverly Drive flI. llir �E: 31 -...-..--.--------(A rY IFE1114 V / a III. X B LL RD SITE Ow.,Q , ,' TICKSE cc 1 a IP' SWITCHGR - w 0 ---_,--- 7.11157 I ------------ Flying Cloud Drive 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 Miles .waz_,...m..,=o..,..=4..L.o.a.,a ... .ia..m 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 let 9" •r` -1 1 .' \ * ( , , .i S., -t l i%p ry � i y ./ f ( , '' / / / / -- 1 \r Mit Ct*, OJT i � . 'J� 104 /� �t •.- • Irlaku 4‘ ki fi i - liN II :1W I ' ie " -- - -tap" ' ; 1 .•- l` ' • 1 7;111 1 c jkilt . .) 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I • • • LOT 26 PROPERTY I PROPOSED LINE : HOME • • • JL. 1 .. .- 896 - - - - r _ - - - - _ = — . -1-.. 894- - - - - - - - . _ - a _ ^ .�. -- _ _,- — _ - - .. _ - - Ia ' im_‘%.aTh.._...,m11.7.i.1 ee_. s-_,, . - lit a ' --t-.-1‘-S_---- •'-e.r--,-.-"'_ st•P a m.........-.n—.iJ -- -—.1:k—.: -.-- — - -.•-.- =. wt_- roP sk...„.-_-_. . . .- . _ _ 886 .. _ �. • . . _ _ `` •�...- -� - se _ •i?� -- yam T _ .j• 'q � � _ { � + /r- i. �.,f� _- __ i '"�•�- '.. �� - 886 1 �4 - — + - _ sa a . — r 7 J i i.► h/—--O --.1�tJ v i•"IP.s�1 ��= . - — — — — • _ . _. — � _, �_ +�_. •, .� — S� -`.�.'�•.� ► -' : l pr��=. 4, -.i 1 '.�.rvav_ .. i _ ............. � i�i.il l-iib _ —' � 882 k �._��i. �94 ` �_ _ -. -. �- � �{• ' a_�1 '� ♦ T`1�.�f . �.._-Mi:� f;� '��Y/ -/' rail' _..- 1 �•../t• a . • . . •-1-.' •. • • at! �-IM _ _ lr � . _ S:- ‘. 4aolt. es': - _ �4 �. 1\w' .�.w _ti'' �_ .� C.; :� _ : ••r. _ �. ti+� l ^,�' _: L .• 1 ; . .•�_ ., i'.►,.--.er = �■i- :il;:7;� ,�:,_ . �a �. � -g ,_ �+ '�:. � _`\1. Jr i��T''�. _ +•��S ~"'1L �" .�,-.:-. :i:� � '�!1 �'• . -:..��•!� � _�\ P .. , __ ��•4.•�F^ 1 _ ..r �i '�i r�,?7�,., ,?r: �I�' �liil ■ RETAINING wi� ��..ar1t--- irs s ,•.. ..a - .'.`7: E " ••tr ,li Ste!- to Ale e.st F .- ai riSi ".1 r �] led a`.11;� I : •a--i 46Z-411.L• .. _ ,costar- .�'f>• _ _ WALL �I t-A' z ir s ,,' .111►"T I- - . :'�F` - 1Ntrr.:: '_r1 _ - ' fa L. ' 2;1• tial0'J;� -, '� .: �•11 Mt. .ai : •�_ at"FM. • at. b._! .C�'3 • •4 y. Y • s.'.1.:Akt 1 I. Min �� /C"2.r ,R.::.2 �_ ' 41' 4-�" ..�'A44: r 1--dia _ ,L•,•�• 1 ..t, alti.'�`1 r. . .ice! -:' i., . "_ ' -� ii .�r. • -i•il '• Ataltir• /'^� aildic i■. • _.►:, .. ■ �� ___ __�!%..�`' i 1r- 'OS f�:'�t%t .� !'.++: Ibir•�l�L. �1 .>>11�7�G.:.`•:Ide to ���,r'1 11 5� I��'!�ls ���;' .• - �eI � frail a �'" -11111111111.11111 �.�, 11CC1!�_ � � ,__.-__. B68' � . ■ i i■■■�■n ram■ �� ■■ ■ ��■■s i'■o�■�•a s 866 - a ;, i'� -- - - - - - _ERISTIA�" _ i - - - - i - - - - - - ;I i $ -� "1' .a 864II. I I 1 ajc- 1 - _ - - - - 862 M �+ M Flay M + fE� M S-0. S I S IIP-0 lee S III-IIJ 860- 858- - 856 - POND 854 • VERTICALRPRE SCALE: = 20' PREPARED ALLIANT ENGINEERING 1 1,/,. ti 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. let 9" •r` -1 1 .' \ * ( , , .i S., -t l i%p ry � i y ./ f ( , '' / / / / -- 1 \r Mit Ct*, OJT i � . 'J� 104 /� �t •.- • Irlaku 4‘ ki fi i - liN II :1W I ' ie " -- - -tap" ' ; 1 .•- l` ' • 1 7;111 1 c jkilt . .) 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C'I� • _ — — --- --- — -- -- - -- -- -- -- — — — — - — i .�� ~:rl�. yr - � - y • 'y -�.. — 880 - -- _ -- - I _ - - • r• - _-i •1 — — -r � - - - -- -_-, . .4*:le4 _ - -- _ - :X is; err-- _ ; • ' _r-- 11 ^ _ =RETAINING • _ - - _ - - _ r11�� i - - - _ - - - _ - e • 1:1€ - WALL-- — — 4041 — EXISTING_ POND_ �•��!�` - - 9 �149,� _ — - - -il SECTION A - A' : EXISTING HOME TO LOT 26 _ REEDER RIDGE - EDEN PRAIRIE MN SCALE: 1 ''PREPARED BY: ALLIANT ENGINEERING DATE: 07- 11 - 13 —� , (;el • i, : - . . *ill. , . . .` \ ter` •-. .� / � j ,,I ;E: k I, .• ., i \ IA - i - � • `\ `v V s'iX g •2 , -1 ; - gi,.....• 41 -.Sir • 1.12: 1.14•17' . :). , • iris" .. N / 929 At. Rao -- it* .....;:;:,..„ ...: , -, . , , ..--,• P i_ , POND as 1 ~ 1 inA , EiN, 8 ; 68 A ;III% ; ON 4/18/13 V I 11 1 �- • � \•.i % N W /\ ,` I . 1 1rot 1 , .1.••% . ...., UP . reetii_41111741010:1‘11. 461 . IQ '- A I \ ' N‘ * N / • Pta -.41,,• -terivial,‘ °Ikiipa.000.000anna . . • . ‘ ECF- , ca..et. alle.....e. Alj lir -rt IIF' � -- m . - - _ _�_ ox - ..,--.- SCALE: 1 " 100' I; ItAbl I 7 f INN . 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S t I IN I 1 \ \ FEET . \ ` I— h ,- r) -' LLl ii ( � illy hJ \� ® LAYOUT rr ` ,. ; f =` / ,' ==r ' ! �'�r . , := , '\ I I :-7/12/13 \- PREPARED BY ALLIAt�T ENGINEERING \ I - - fr i � r I • � . 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. _ MP _ 1< ,1 Electric,phone, and cable place equipment inside metal or plastic boxes located on the ground. M_� r, '� i �11�ff� . : "'1"�-.,' .....- .:�.. R1 11 11-.. rrr- - 'H.i IP- i= i t NI :::RRRRRe :�R , i - ' a i.... - -� • -• a a O... . 1 Below is an example of ground mounted telecommunications equipment. 1 r '- . ,---E—, 1 i '47 1 ' J ' I I ' . 1 r I I! 'r6 it . .� i is On private property, landscaping, fencing, or walls have been used for screening. A y II 1 iitaltig......4' :-. , 'It A 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. 3 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 1 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 2 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 4 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. 5 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, 6 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 o �( Le.irs.4L ., \\\\ .._c \ . 0 Zli , y • ti a I ,' l , . •\ i Ato CD '- Q akfc I „ 4 4 0 ' { 31 S LL . L • ; .1i • I �= ini 4 / .J. ti . ,.,,,i. ' '',..;-:;e:',. ' ... ' ., ioneer Trait -it ' �,' . . y, ' y>:. A* 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