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HomeMy WebLinkAboutCity Council - 10/01/2013 AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, OCTOBER 1, 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. CITY MONUMENT/ENTRANCE SIGNS Open Podium - Council Chamber II. OPEN PODIUM III. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, OCTOBER 1, 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 Jan Curielli I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, SEPTEMBER 17, 2013 B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 17, 2013 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK’S LICENSE LIST B. ADOPT RESOLUTION DECLARING PROPERTY ABANDONED C. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BARR ENGINEERING COMPANY FOR RIVERVIEW ROAD CULVERT REPLACEMENT PROJECT D. APPROVE GRANT AWARD FROM RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT FOR RILEY CREEK STABILIZATION PROJECT E. AUTHORIZE STAFF TO SUBMIT WINTER TRAIL ACTIVITIES PERMIT APPLICATION TO THREE RIVERS PARK DISTRICT FOR THE 2013-2014 WINTER SEASON USE OF THE LRT TRAIL IX. PUBLIC HEARINGS / MEETINGS A. HOUSING IMPROVEMENT AREA FOR FAIRWAY WOODS II CONDOMINIUM ASSOCIATION CITY COUNCIL AGENDA October 1, 2013 Page 2 B. UNITED HEALTH GROUP 2013 AMENDMENT by United Health Services, Inc. Request for Planned Unit Development Concept Review on 71 acres, Planned Unit District Review on 71 acres, Zoning District Amendment within the Office Zoning District on 71 acres and Preliminary Plat of 71 acres into 3 lots and 8 outlots. Location: 11155 62nd St W. (Resolution for PUD Concept Review, Ordinance for PUD District Review and Zoning District Amendment, Resolution for Preliminary Plat) X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF 1. Duty Crew Update 2. Building Department Activity Report H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ANNOTATED AGENDA DATE: September 27, 2013, 2013 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, October 1, 2013 ___________________________________________________________________________________________ TUESDAY, OCTOBER 1, 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 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, SEPTEMBER 17, 2013 B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 17, 2013 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR MOTION:  Move approval of items A‐E on the Consent Calendar.  A. CLERK’S LICENSE LIST B. ADOPT RESOLUTION DECLARING PROPERTY ABANDONED ANNOTATED AGENDA October 1, 2013 Page 2 C. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BARR ENGINEERING COMPANY FOR RIVERVIEW ROAD CULVERT REPLACEMENT PROJECT D. APPROVE GRANT AWARD FROM RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT FOR RILEY CREEK STABILIZATION PROJECT E. AUTHORIZE STAFF TO SUBMIT WINTER TRAIL ACTIVITIES PERMIT APPLICATION TO THREE RIVERS PARK DISTRICT FOR THE 2013-2014 WINTER SEASON USE OF THE LRT TRAIL IX. PUBLIC HEARINGS / MEETINGS A. HOUSING IMPROVEMENT AREA FOR FAIRWAY WOODS II CONDOMINIUM ASSOCIATION Official notice of this public hearing was published in the September 19, 2013, Eden Prairie News and sent to 20 property owners. Synopsis: The purpose of this public hearing is to receive comments on proposed Housing Improvement Area (HIA) for the Fairway Woods II Condominium Association. On August 20, 2013, the City Council received a petition signed by 100% of the property owners at Fairway Woods II Condominiums to establish an HIA. The City Council set a public hearing date of October 1, 2013. Owners were notified by mail, and a legal notice was published in accordance with procedures outlined in Minn. Stat. 471.345. The hearing notice included the time and place of the hearing, a map showing the boundaries of the proposed area, fees/funds/terms of funding, a list of improvements, and a statement that all contracts must comply with Minn. Stat. 471.345. MOTION:  Move to close the public hearing.  B. UNITED HEALTH GROUP 2013 AMENDMENT by United Health Services, Inc. Request for Planned Unit Development Concept Review on 71 acres, Planned Unit District Review on 71 acres, Zoning District Amendment within the Office Zoning District on 71 acres and Preliminary Plat of 71 acres into 3 lots and 8 outlots. Location: 11155 62nd St W. (Resolution for PUD Concept Review, Ordinance for PUD District Review and Zoning District Amendment, Resolution for Preliminary Plat) Official notice of this public hearing was published in the September 19, 2013, Eden Prairie News and sent to 145 property owners. ANNOTATED AGENDA October 1, 2013 Page 3 Synopsis: The proposed plan amendments are as follows:  Re plat the property for mortgage purposes. The platting requires waivers from the city code related to setbacks and floor area ratio. The waivers for setbacks and floor area are minor since they do not affect the approved plan.  Amend the approved sign plan for some additional signs, and changing the location and size of the wall signs. The waivers are minor.  Plant part of the landscaping and tree replacement requirement with the right of way along the east and west sides of Shady Oak Road. This is a minor waiver. MOTION:  Move to:     Close the Public Hearing; and   Adopt the Resolution for Planned Unit Development Concept  Review on 71 acres; and   Approve 1st Reading of the Ordinance for Planned Unit  Development District Review with waivers, and Zoning  Amendment in the Office Zoning District on 71acres; and   Adopt the Resolution for Preliminary Plat on 71 acres into 3 lots;  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 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 D. REPORT OF PARKS AND RECREATION DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF ANNOTATED AGENDA October 1, 2013 Page 4 1. Duty Crew Update Chief Esbensen will be providing reports at the City Council  meeting on October 1 on the first year of the Duty Crew  program  2. Building Department Activity Report Chief Esbensen will give a report on Building Department  Activity.  H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION:  Move to adjourn the City Council meeting.  UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, SEPTEMBER 17, 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. CITY CENTER SPACE Larissa Champeaux of Cushman & Wakefield, the City’s leasing broker for the C.H. Robinson space, provided an update on their marketing efforts. She said hard copy and electronic showing materials, including a property fact sheet, floor plans and photos have been produced. She said the City Center property is included in their bi-monthly marketing e- mail, which reaches 1,200 Twin Cities’ brokers. They are also responding to e-mail blasts from brokers who have clients with space needs that match the City Center space. They have also worked with the Eden Prairie City Center leasing team to create floor plan alternatives, and they continue to monitor SW Light Rail plans. To date, they Cushman & Wakefield has conducted three property tours with prospective tenants. They have received inquiries from other prospects that need space before C.H. Robinson is scheduled to vacate. Champeaux said they anticipate the tour volume will increase once C.H. Robinson vacates, or if smaller square footages are offered. Champeaux said there are two lease proposals out for review: a financial services/collections group (1-year lease on 60,000 sf with a third quarter 2014 lease commencement), and an insurance/financial services group (seven-year lease on 30,000 sf with a fourth quarter lease commencement). Both proposals include rates and improvement allowances consistent with marketed figures. Champeaux said they have received one counter offer, and another is expected shortly. Several other groups are considering the property but have not yet toured it. ITEM NO.: VI.A. City Council Workshop Minutes September 17, 2013 Page 2 Champeaux provided the following list of strengths and challenges based on tenant and broker feedback: Strengths  Perceived as accurately priced compared to other market options  Parking  Good amenities for the price  Responsiveness of ownership team  Well maintained  Back-up generator Challenges  Challenging floor plan to demise  Difficult to envision how the space will look when vacated  Some finishes are seen as dated  Some prospects in the market for 50,000 – 60,000 sf prefer more freeway visibility Getschow asked Champeaux for more input on the risks or advantages of splitting the space for two or more tenants. Champeaux said with two or more tenants, lease terms are staggered which spreads the risk out; however, it puts the City in the more traditional role of landlord. She said the pool of prospects for smaller spaces is definitely larger. Mayor Tyra-Lukens said she would have a hard time accepting a proposal from a smaller tenant at the moment because there is only one prospect. Champeaux said they have not marketed the space to smaller tenants, so there may be others that would be interested. Council Member Aho asked if they have ideas on how the space might be divided. Champeaux said the tenant committee has created several scenarios on how the space could be subdivided. Aho asked about the likelihood that there will be a new tenant lined up by the time the space is vacated. Champeaux said the company that is looking for 60,000 sf is currently deciding whether or not to remain in their existing space. They have had parking issues at their current location, and are working with the owner to see if those can be resolved. Aho said he would like to hold out a little longer and continue trying to find one tenant to take the whole space. Other Space Considerations Community Development Director Janet Jeremiah noted that the City Council had asked staff to look at the feasibility of establishing a business incubator, possibly in City Center. Jeremiah said staff feels the Eden Prairie Center mall might be a better location for a business incubator because it is a higher traffic area. She said a business incubator could be located in the space currently occupied by Housing & Community Services. Housing & Community Services staff have indicated that they feel isolated at the mall location and feel they could carry out their work just as effectively at City Center. Jeremiah said staff has contacted both City Council Workshop Minutes September 17, 2013 Page 3 General Growth and HUD to see if either party would object to such a switch. So far, HUD’s response looks promising, but they have not received a response from General Growth. Butcher Wickstrom asked what kind of support the City would provide for an incubator. Economic Development Director David Lindahl said staff is exploring a Coco scenario, under which an outside organization would oversee the incubator. Mayor Tyra-Lukens said she was under the impression that Housing & Community Services offices are located at the mall because that location is more accessible for the clientele. Jeremiah said that was the case when they first moved into the mall offices, but the immigrant population they serve is more mobile now. Council Member Nelson said she supports having all City staff back at City Center. She noted that it is a long way from the parking lot to the office space in the mall. Butcher Wickstrom said a mall location would only attract certain kinds of businesses. Jeremiah said the mall location would be likely to attract office-based businesses, rather than technology and manufacturing start-ups. Butcher Wickstrom and Mayor Tyra-Lukens asked about who would be eligible to use the space and whether or not there would be rules about users locating their businesses in Eden Prairie after leaving the incubator. Jeremiah said staff and City Council would have to discuss criteria and administration in more detail if the concept moves forward. Aho said the business incubator he toured in Boston uses a panel that reviews applications and also act as mentors. He said that incubator is designed for short term residency, from 6 to 12 months. Lindahl said he favors having a group like Coco administer the program. He has been trying to get representatives from Coco out to Eden Prairie to see if they could make their set-up work here. Jeremiah said the City could also consider collaborating with Open to Business. Butcher Wickstrom said she would want to put a cap on funding for a business incubator. Lindahl suggested that staff conduct further best practices research on business incubators before proceeding. Eden Prairie Players Parks and Recreation Director Jay Lotthammer gave an update on the Eden Prairie Players’ interest in carving out space for a community theater in City Center. He said the Players toured the C.H. Robinson space and the Heritage Rooms. They determined the C.H. Robinson space would not work for them due to the low ceilings and placement of columns and posts. He said the Players have formed a subcommittee and had a consultant produce sketches of what they have in mind. The subcommittee met with Building Official Kevin Schmieg, who provided them with input on the concept. He advised them that the next step would be for the group to hire an architect who can provide more detailed plans. Council Member Case said he had the impression that the Players might be willing to have a multi- use space, and asked if they would be pay for the space. Lotthammer said the Players feel they need a dedicated space for the theater, and not a multi-use area. Lotthammer said the Players would need one of the Heritage Rooms just to store scenery and props. They also want to have risers for audience seating. They are hoping the City would provide the space City Council Workshop Minutes September 17, 2013 Page 4 free of charge. Mayor Tyra-Lukens asked if the theater at the Hopkins Center for the Performing Arts is a multi-use space. Getschow said that it is used for meetings by community groups. Case said the City Council would need to look at what kind of precedent they would be setting if they gifted such an amenity to a community group. Lotthammer said the Players are part of the City’s parks and recreation program. He has suggested they look into becoming a 503C so they would have better access to grants and fundraising. Council Member Aho said he would like to wait to see how lease negotiations for the C.H. Robinson space go before committing to providing space for the Players. Lotthammer said the Players realize will be many unknowns until C.H. Robinson vacates their space, and that they will not have definite answers for some time. Open Podium - Council Chamber II. OPEN PODIUM III. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, SEPTEMBER 17, 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, Finance Director Sue Kotchevar, City Attorney Ric Rosow, and Council Recorder Jan Curielli I. ROLL CALL / CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:00 PM. All Council Members were present. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS A. OPTIMIST CLUB OF EDEN PRAIRIE PROCLAMATION Mayor Tyra-Lukens said there are a number of service groups in our community that make Eden Prairie a great place to live, and one of the groups that give back to the community is the Optimist Club. She read a proclamation recognizing the 35th Anniversary of the Optimist Club of Eden Prairie and proclaiming October 2013 as Optimist Club month. She presented the proclamation to Al Peterson and other members of the Optimist Club. B. SCHOOL DISTRICT REFERENDUM PRESENTATION Tyra-Lukens said Eden Prairie has great partnerships with other groups, and that includes the School District. Representatives of the School District have asked to speak tonight about the referendum they will hold this fall. Curt Tryggestad, Superintendent, said the School Board authorized a referendum with two questions for the November 5 election. The first question revokes the existing operating budget, replaces it with a ten-year levy of $2,269 per pupil unit, and includes inflationary language. The second question would renew the existing technology project levy for ten years starting with the 2015-16 school year. ITEM NO.: VI.B. CITY COUNCIL MINUTES September 17, 2013 Page 2 Bob Noyed and Patricia Magnuson, School District representatives, gave a PowerPoint presentation explaining the change to the operating levy. Mr. Noyed said approval of the referendum will stabilize the financial outlook for the School District for ten years, will reduce the need for program reductions, and will give them some flexibility to make investments. Superintendent Tryggestad reviewed how the money will be used, and Ms Magnuson reviewed the tax impact of the levy. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Getschow added Item VIII.I. to the Consent Calendar. MOTION: Butcher Wickstrom moved, seconded by Case, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, SEPTEMBER 3, 2013 MOTION: Aho moved, seconded by Nelson, to approve the minutes of the Council workshop held Tuesday, September 3, 2013, as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 3, 2013 MOTION: Case moved, seconded by Butcher Wickstrom, to approve the minutes of the City Council meeting held Tuesday, September 3, 2013, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. HUMAN RIGHTS & DIVERSITY COMMISSION Getschow said there are several members of the Human Rights & Diversity Commission here tonight to give an overview of what the commission has been working on this year and what lies ahead for them. Four representatives of the commission gave a PowerPoint presentation about their activities, upcoming fall events, and the future plans for the commission. VIII. CONSENT CALENDAR A. CLERK’S LICENSE LIST B. ADOPT RESOLUTION NO. 2013-77 APPROVING FINAL PLAT OF HELMIN ADDITION C. ADOPT RESOLUTION NO. 2013-78 APPROVING FINAL PLAT OF HENNEPIN COUNTY PLAT NO. 2 CITY COUNCIL MINUTES September 17, 2013 Page 3 D. ADOPT RESOLUTION NO. 2013-79 APPROVING FINAL PLAT OF REEDER RIDGE E. ADOPT RESOLUTION NO. 2013-80 DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF SPECIAL ASSESSMENT ROLL AND SETTING HEARING DATE F. ADOPT RESOLUTION NO. 2013-81 AUTHORIZING SUBMITTAL OF GRANT APPLICATION TO HENNEPIN COUNTY YOUTH SPORTS PROGRAM FOR AQUATICS PROJECT G. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH COMPASS CONSULTING FOR ENGINEERING AND CONSTRUCTION SERVICES TO EXPAND THE FIBER OPTIC NETWORK TO SEVERAL CITY REMOTE SITES AND TO LOGIS H. AUTHORIZE AGREEMENT WITH AMERICAN SPECIALTY HEALTH FITNESS TO ALLOW REIMBURSEMENT OF QUALIFIED INDIVIDUALS FOR COMMUNITY CENTER MEMBERSHIPS I. APPROVE MODIFICATION TO BUSINESS ASSOCIATE AGREEMENT WITH GENESIS DUE TO REFORMS IN THE HITECH ACT MOTION: Nelson moved, seconded by Aho, to approve Items A-I of the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS / MEETINGS A. VACATION OF PUBLIC RIGHT-OF-WAY OVER CAVALLO RIDGE IN BELLERIEVE (Resolution No. 2013-82 ) Getschow said the Bellerieve subdivision was platted with a public street to serve future homeowners. The developer now desires to have Cavallo Ridge be a private roadway. In order to vacate the public right-of-way the Council must hold a public hearing to consider the vacation. The petitioner will need to provide easements to the lot owners and enter into an agreement with the City and the lot owners relating to maintenance and use of the private road and City utilities. The City will retain a drainage and utility easement over the right-of-way. There were no comments from the audience. MOTION: Butcher Wickstrom moved, seconded by Case, to close the public hearing and to adopt Resolution No. 2013-82 vacating the public right-of-way over Cavallo Ridge as platted in Bellerieve as recorded in the Office of the County Recorder, Hennepin County, Minnesota. Motion carried 5-0. B. PEOPLE’S ORGANIC COFFEE & WINE BAR by WCL Associates. Request for Planned Unit Development Concept Review on 1.25 acres, Planned Unit CITY COUNCIL MINUTES September 17, 2013 Page 4 District Review with waivers on 1.25 acres, Zoning District Amendment within the Commercial Regional Service Zoning District on 1.25 acres and Site Plan Review on 1.25 acres. Location: Corner of Prairie Center Drive & Valley View Road. (Resolution No. 2013-83 for PUD Concept Review, Ordinance for PUD District Review with waivers and Zoning District Amendment) Getschow said the project proposes to construct a 4,975 square foot restaurant building. A waiver to the parking setback along Prairie Center Drive to allow a 10 foot setback is proposed. The Planning Commission recommended some minor revisions to the plans prior to City Council review, and those revisions have been satisfied. The Planning Commission voted 5-0 to recommend approval of the project at the August 26, 2013 meeting. Dave Clark, architect with WCL Associates, reviewed the proposal, noting that People's Organic Coffee & Wine Bars are a franchise version of the French Meadow Bakery. He said the property is the last developable piece on that part of Prairie Center Drive and Valley View Road. Tyra-Lukens asked Mr. Clark to address the fire pit and water feature and what they plan to do to enhance the pedestrian friendliness of the property. Mr. Clark said they are still working through the fire pit and water feature at the front of the restaurant because each of their restaurant locations will be somewhat unique. He said there are trails on the north and west sides that connect to the sidewalks into the building. Tyra-Lukens asked if they plan to have a bike rack. Mr. Clark said they had not planned one, but he thought they should add one. Case commented there is a lot of pervious surface for the project and asked if all the storm water will be handled on site with the rainwater gardens. Mr. Clark said it will be partially handled on site with the rain gardens, but excess runoff will flow to a regional pond that serves the property. Nelson liked the idea of having the rain gardens and fire pit on site and asked if any of the proposed features would go away with the final plans. Mr. Clark said it is their intention to include all those. Nelson asked if the plans will be finalized by third reading. Mr. Clark said they have issued drawings for bid; however, the soil on the site is not great. It is costly to make the soil buildable for the restaurant, so they must balance between the costs and their budget. At this point they intend to do everything shown on the plan. Butcher Wickstrom asked if there is only one entrance to the site and if there will be congestion at the drive-through window. Mr. Clark replied there are two entrances to the site, and the pick-up window will be used primarily for people who preorder food. Tyra-Lukens said in the past the City has tried to have berming to camouflage parking. She asked what will be done to mitigate the impact of the cars. Ellis said there are very limited opportunities for storm water treatment, and by doing rain gardens on site they are not able to do berms. Because the site is so developed, CITY COUNCIL MINUTES September 17, 2013 Page 5 proponent cannot do everything staff would like. The storm water quality requirements might take precedent over the berming and the aesthetics in this case. Tyra-Lukens asked if there is a landscape plan. Mr. Clark said there will be rows of hedges to screen parking on two sides of the building. There were no comments from the audience. MOTION: Case moved, seconded by Nelson, to close the public hearing; to adopt Resolution No. 2013-83 for Planned Unit Development Concept Review on 1.25 acres; to approve 1st reading of the ordinance for Planned Unit Development District Review with waivers and Zoning District Amendment within the Commercial Regional Service Zoning District on 1.25 acres; and to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions. Motion carried 5-0. Tyra-Lukens noted she would like them to include a bike rack. X. PAYMENT OF CLAIMS MOTION: Butcher Wickstrom moved, seconded by Case, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Aho, Butcher Wickstrom, Case, Nelson and Tyra-Lukens voting “aye.” XI. ORDINANCES AND RESOLUTIONS 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 D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Accept Donation of $10,000 from the Sampson Family for Art Center Lobby Upgrades (Resolution No. 2013-84) Lotthammer said we have received a gift from the Sampson family to help make the Art Center more accessible to the public. This is one of many donations from the Sampson family to help support the Art Center over the last several years. He said the activity level there has increased, and they need a front counter area to assist in registration and to provide customer service. CITY COUNCIL MINUTES September 17, 2013 Page 6 Tyra-Lukens noted Mrs. Sampson has been very generous. MOTION: Aho moved, seconded by Nelson, to adopt Resolution No. 2013-84 accepting the donation of $10,000 from Elaine Sampson for the construction of a front desk area for the Eden Prairie Art Center. Motion carried 5-0. 2. Authorize Partnership and Fundraising Efforts for Construction of Miracle Field Lotthammer said staff has been asked to consider a partnership for the concept of a Miracle League field in Eden Prairie. He said the concept of a Miracle League field began as a way to engage kids with physical or cognitive challenges. He described the concept of a Miracle League field, and noted Dave Espe came forward to help with fundraising for the field. After touring other similar fields, visiting sites, and having conversations with the President of the Eden Prairie Baseball Association, staff is suggesting the field be built on the east field at Flying Cloud along Pioneer Trail. He said we will, of course, need to work with the MAC as the concept is developed. The field will be appropriate for T-ball players to use when it is not being used by the physically challenged. Dave Espe reviewed the concept of building a Miracle League field in Eden Prairie, and noted he was confident they will be able to raise the money needed. Nelson thought it was a great idea and asked if the material used on the field could be taken up and put elsewhere in case we can no longer lease the fields at Flying Cloud from the MAC. Lotthammer said that question has often arisen over the Flying Cloud fields. The material on the field could not be taken up, but the fencing and bleachers could be moved. We have signed a three-year lease agreement with the MAC, and the airport development plans do not include anything for that area. Aho said he liked the concept and asked about the cost to build it and if they would be able to raise that amount. He also asked if we would draw from around the surrounding communities to make use of the field. Mr. Espe replied it would be a very highly utilized field as five and six year olds could also play on it as well as early childhood and special education programs. He said the State Miracle Field network typically funds around $250,000, and they would expect to get a lot of support from construction companies, corporate sponsorships and the Baseball Association. MOTION: Case moved, seconded by Butcher Wickstrom, to authorize staff to develop a partnership and support a fundraising effort to pursue the construction of a Miracle League field. Motion carried 5-0. CITY COUNCIL MINUTES September 17, 2013 Page 7 Tyra-Lukens asked if they plan to use the Eden Prairie Foundation as a conduit for the fundraising. Lotthammer said that is a real possibility similar to what was done for the Veterans Memorial. E. REPORT OF PUBLIC WORKS DIRECTOR 1. Request for Land Alteration Permit for Olympic Hills Golf Club Ellis said Olympic Hills Golf Club plans a major renovation project and has submitted a land alteration permit application to grade approximately 110,000 cubic yards of material within the golf course along with associated tree removal and wetland impacts. There will be conservation easements created over some wetlands that do not currently have such easements. They want to begin construction immediately in order to reopen the course for the 2015 golf season. Olympic Hills will be asking for variances for wetland buffers and conservation easements on wetlands near the interior of the golf course at the Planning Commission meeting on September 23. He noted staff is in support of the variances requested; however, if the variances are not approved by the Planning Commission, they would not be able to grade around those wetlands. Olympic Hills held public meetings on September 5 and September 11 to explain the project to the neighborhood. There were a lot of questions asked at the meetings, especially about dust, golf balls in residents' yards, and the removal and planting of trees. Peter Eaton and Jake Schmitz, representing Olympic Hills, said the land alteration permit will allow the club to upgrade their infrastructure and will help to make the club more environmentally sustainable. Mr. Schmitz reviewed the changes they plan to make to the course. He noted they will designate 19 acres to a conservation easement on the northwest side of the property which will guarantee the wetlands will be protected into the future. They will work with the City to remove some of the sediments accumulated in the storm water facilities. Aho asked about their current water source. Mr. Schmitz said they do not use City water now, and plan to continue to use their two wells. Aho noted the neighbors were concerned about the impact of the construction phase and asked how they plan to deal with those concerns. Mr. Schmitz said the sites to be worked on are very localized, so the entire property isn't going to be opened up. They will finish one section and move on to the next. They also plan to have "regional" neighborhood meetings as construction moves around the course. He said the main issue was dust control, and they have erosion control mechanisms and have water trucks available to deal with that. They will follow the City ordinance on noise. They have asked neighbors to contact the club if there is an issue with dust or noise. Tyra-Lukens noted they are removing a lot of trees and asked if the replacement plan will provide the residences with proper protection from golf balls. She asked if the tree debris will be removed immediately. She CITY COUNCIL MINUTES September 17, 2013 Page 8 noted they propose to fill in 4500 square feet of wetland and plan to mitigate that outside of the City; however, she would like to have more of it mitigated on site. Mr. Schmitz said the trees on the site have closed off a lot of the playing corridors, and sunlight is key for healthy grass. They will follow the ordinance for tree replacement and will determine where to plant the trees to protect properties. Tyra-Lukens asked if they will go above the required amount of tree replacement. Mr. Schmitz said they will not. He said trees will be removed from one section at a time and will be stockpiled in a central location, ground up on site, and hauled away. They plan to fill one small pond that is considered an incidental wetland. Mr. Eaton said it would be difficult to expand the current wetlands given where their ones are today. They will also expand the size of some of the ponds, and that expansion is not included in the calculations. Nelson asked if there will be shaded areas where people will be waiting on the course. Mr. Schmitz said they will still have tree locations and will still have a balance of trees. Nelson asked if any of the construction will impact the swamp area adjacent to Neill Lake. Mr. Schmitz replied it will not according to the technical evaluation panel. Tyra-Lukens noted this is not a public hearing, but she would allow comments from the audience. A resident at 11021 Mt. Curve said she has had conversations with Olympic Hills about golf balls in her yard and is concerned that will be more of a problem after the construction. Tom Render, 11292 Mt. Curve, asked for a clarification of the waste bunker that will be constructed in back of his property. He said the easement agreement between the Preserve and Olympic Hills specifies what can be done on the golf course and does not address the waste bunker. He said he gets 200-300 golf balls in his yard each year. His yard is directly across from the short Par 3 hole, and the proposal to move the tee box further back will increase the number of balls in his yard. He also asked about the hours during which they intend to grind up the trees. Mr. Schmitz said the waste bunker on No. 6 is a sand bunker centrally located in the middle of the fairway, so they will maintain that as they do the rest of their very well- groomed golf course. He said the tee box that will be moved back is a championship tee box and will be used by the best golfers in the club. The main tee box for most players will be shortened significantly, and he thought that will provide a safer environment for neighbors. He said the trees will be ground during the hours specified in the City's noise ordinance. Nelson asked if they plan to do anything to mitigate the significant golf ball hazard described by the neighbors. Mr. Schmitz said the shorter tee box is a major step forward to protect those homes, and they are looking at different types of tree plantings to protect other areas. CITY COUNCIL MINUTES September 17, 2013 Page 9 MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the land alteration permit for Olympic Hills Golf Club subject to recommendations as outlined. Motion carried 5-0. F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Butcher Wickstrom moved, seconded by Case, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 8:42 PM. - 1 - CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: October 1, 2013 DEPARTMENT/DIVISION: Christy Weigel, Police/ Support Unit ITEM DESCRIPTION: Clerk’s License Application List ITEM NO.: VIII.A. These licenses have been approved by the department heads responsible for the licensed activity. Requested Action Motion: Approve the licenses listed below Amendment to Liquor License 2AM Closing Permit - Renewal Leiserv Inc DBA: Brunswick Zone Eden Prairie 12200 Singletree Lane CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: October 1, 2013 DEPARTMENT/DIVISION: Police Department Lieutenant Bill Wyffels ITEM DESCRIPTION: Resolution Declaring "Abandoned Property" ITEM NO.: VIII.B. Requested Action Move to: Adopt resolution declaring property as "abandoned property." Synopsis The Eden Prairie Police Department has accumulated a quantity of bicycles, stereo/electronic equipment, and miscellaneous items that remain unclaimed. City Code 2.86 Subd. 2, Disposal of Unclaimed Property, requires adoption of a resolution by City Council to declare unclaimed property that has been in the possession of the City for over 90 days as "abandoned property." Background Information In the course of municipal operations, the Eden Prairie Police Department's Evidence/Property Room has several items that have lawfully come into its possession that remain unclaimed by the owners and have been in its possession for at least 90 days. In accordance with City Code Section 2.86 Subdivision 2 C., the Police Department would like to dispose of this property by sale to the highest bidder at a public auction through the City of Eden Prairie. In addition, in accordance with City Code 2.86 Subdivision C, the Police Department would like to convert certain items for City use. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2013- DECLARATION OF ABANDONED PROPERTY WHEREAS, City Code 2.86 Subd. 2 requires adoption of a resolution by City Council to declare unclaimed property such as bicycles, stereo/electronic equipment, and miscellaneous items as "abandoned property;" and WHEREAS, the property has lawfully come into the possession of the City in the course of municipal operations; and WHEREAS, the property remains unclaimed by the owners; and WHEREAS, the property has been in the possession of the City for over 90 days. NOW THEREFORE, BE IT RESOLVED that the City of Eden Prairie declares the unclaimed property as "abandoned property." ADOPTED by the City Council on October 1, 2013. Ron Case, Acting Mayor ATTEST: ____________________________ Kathleen Porta, City Clerk Abandoned Property for Auction Exhibit A Case Number Description Serial Number 2010-00044152 (2) GPS Units / Power Supplies 2009-00016389 Apple i-Pod Touch 2009-00034979 (1) Silver Bar Bell 2010-00029568 Apple i-Pod, Orange YM837E2P3QW 2010-00029568 Garmin Nuvi 255w GPS 1Q6136720 2010-00029568 Rockford Fosgate Subwoofer 2010-00037396 Craftsman Wrench 2011-00029495 Garmin Charging Device 2011-00029495 Garmin GPS Device, Ser #17T336587 17T336587 2012-00002394 iPod Nano - Serial #7K7365EGYXV 7K7365EGYXV 2012-00057257 iPod Touch-8GB - Serial #1B019N4V75J 1B019N4V75J 2013-00003904 Under Armour Light Jacket, Blue 2013-00012267 Specialized Hardrock Blue Ladies Mtn Bike 24sp w/Cable Lock, S# P1KC10573 P1KC10573 2013-00014950 Target Gift Card - Balance Remaining: $7.17 2013-00015060 Raleigh M20 Purple Womens w/Mirror, 21-Speed Bicycle R906993680 2013-00022404 Next PX4.0 Black Mtn Bike 18sp, S#LWLC002631 LWLC002631 2013-00023111 Schwinn Thrasher Blue 7 Speed Ladies Bike. Bike Lock ACE8E02893 04/19/2013 - 09/18/2013 Page 1 of 2 Abandoned Property for Auction Exhibit A 2013-00024008 Huffy Torsion Silver Boys Bike K01G000821 2013-00024093 Next Surge Silver/Orange Boys, 1 speed, 18 x 1.97 DWDL014479 04/19/2013 - 09/18/2013 Page 2 of 2 Property for Conversion Exhibit B Case Number Property Description 2010-00003022 Green Camo Bag 2010-00003022 Black Nylon Duffle Bag 2013-00003372 Coke Can Hide & Red Bull Can Hide 2009-00018885 CD containing Mobile Telephone Analysis 2010-00029568 Aqua Brooms, 2 each 2010-00029568 Campbell Hausfeld Chain Saw CS-2000 2010-00029568 Karcher 330 Pressure Washer, Yel/Blk 2013-00015023 $10.02 in Currency/Coin 2013-00018790 $3.00 in Cash 04/19/2013 - 09/18/2013 Page 1 of 1 CITY COUNCIL AGENDA SECTION Consent Calendar DATE: October 1, 2013 DEPARTMENT/DIVISION: Mary Krause Public Works / Engineering ITEM DESCRIPTION: I.C. 13-5847 Approve Professional Services Agreement with Barr Engineering Company for the Riverview Road Culvert Replacement Project ITEM NO.: VIII.C. Requested Action Move to: Approve the Professional Services Agreement with Barr Engineering Company for design and plan preparation services for the Riverview Road Culvert Replacement Project. Synopsis This agreement provides for surveying, design, construction document preparation and construction phase services for replacement of the existing culvert carrying Purgatory Creek under Riverview Road. The estimated cost for these services is $82,300 which will be financed through our storm water utility funds. Background Information The City of Eden Prairie is proposing to replace an existing deteriorated culvert that crosses under Riverview Road. This project is necessitated due to the partial failure of the existing corrugated metal pipe carrying Purgatory Creek. The section of Riverview Road at the creek was closed for approximately three weeks in July due to the pipe failure. Temporary repairs have been done to the culvert and road bed in order to reopen the roadway to traffic while a permanent creek crossing is designed and constructed. The temporary repairs will be monitored until such time as the permanent crossing can be constructed. It is anticipated that construction will occur during the summer of 2014. Attachment Professional Services Agreement Standard Agreement for Professional Services This Agreement ("Agreement") is made on the 1 st day of October, 2013, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Barr Engineering Company, a Minnesota corporation (hereinafter "Consultant") whose business address is 4700 West 77'h Street, Edina MN 55435. 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 Riverview Road Culvert Replacement 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 ( September 9, 2013 ) 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 October 2, 2013 through December 31, 2014 the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties tor 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 $ 82,300 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 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 of9 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 Robert Obermeyer, Aaron Grosser and Cordelle Thomasma 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 of9 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 ot 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 ot 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 Employer's Liability Comprehensive General Liability Comprehensive Automobile Standard Agreement for Professional Services Statutory Limits $500,000 each accident $500,000 disease policy limit $500,000 disease each employee $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 legalliabllity each occurrence $5,000 medical expense Page 4 of9 Liability Umbrella or Excess Liability $1,000,000 combined single limit each accident (shall include coverage for a/l owned, hired and non-owned vehicles. $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 ag~ees 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: Standard Agreement for Professional Services Page 5 of 9 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 ti,e Professiollal 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 contrp.ct) 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 of9 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 wi" 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. A" 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 of9 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 mpy be executed in multiple counterparts, each of which shall be considered an original. Executed as of the day and year first written above. Standard Agreement for Professional Services Page 8 of9 CITY OF EDEN PRAIRIE Mayor By: Its: Revised and Copied into Purchasing Policy March 2013 Standard Agreement for Professional Services Page 9 of9 resourceful. naturally. BARR engineering and environmental consultants September 9, 2013 Mary Krause City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Riverview Road Culvert Replacement Project Dear Ms. Krause Thank you for the opportunity to submit the following work plan and cost estimate for Barr's services related to the Riverview Road culvert replacement. Barr's team is well suited for this work based upon similar past experience, specific knowledge of the area, and the expertise of the individuals involved. Background, Understanding of the Work, and Project Objective The 72 inch diameter corrugated metal pipe (CMP) culvert carrying Purgatory Creek under Riverview Road failed this past July which resulted in damage to the road. This is the second time in the recent past that the culvert has failed resulting in the need to close the road. The roadway and culvert were temporarily repaired in late July by the City in order to quickly reopen the road to traffic. Barr was on site to provide direction and document the repair. Barr also coordinated with Braun Intertec Inc. to take two soil borings while the road was closed. The soil borings revealed weak soils until roughly 30 feet below the surface of the roadway. The City'S objectives are: 1. To replace the culvert with a more durable long-term solution having more hydraulic capacity than the current culvert. 2. To maintain a natural stream bottom in the culvert. 3. To allow the grade of the road to be raised in the future without needing to be replace the culvert. Design Intent In order to achieve the City's objective, a precast concrete structure has been discussed with the City and is currently the intended solution. Arched precast concrete structures are commonly used in this type of a situation because they can be quickly installed and maintain the natural stream bottom. They are typically designed and fabricated by a specialty company. A concrete structure would need to be supported on a deep foundation system given the weak soils identified during the geotechnical investigation. Helical piles were suggested in the geotechnical report and Barr agrees they will be an effective means of supporting the foundations of the precast arched structure. Barr Engineering Co. 4700 West 77th Street, Suite 200, Minneapolis, MN 55435 952.832.2600 www.barr.com Mary Krause September 9, 2013 Page 2 Work Plan Barr proposes the following services to help the City accomplish their objective. 1. Site Survey: Barr will perform a topographical survey of the roadway and stream. The survey data will be imported into Civil 3D software to construct a surface of the existing features for use in the design of the new crossing. 2. Detailed Design: With the topographical survey information, Barr will prepare the detailed design of the culvert and roadway replacement including construction plans and specifications. a. Barr's plans will include design of the utilities, the roadway section, the interface with the new culvert, and stream restoration. b. Barr will prepare a performance based specification for the culvert itself so that it can be designed by a company specializing in the design and fabrication of culverts. 3. Permitting Assistance: Barr will assist with the applications for and procurement of the following permits that will be required for the project: a. MNDNR "work in water" permit b. Riley Purgatory Bluff Creek Lower Minnesota River Watershed District permit c. Army Corps of Engineers permit 4. Contract Administration and Project Management: The following items are included under this heading: a. Barr will prepare the bidding documents to Conf0n11 to the City's standard requirements that will accompany and precede the technical specifications. b. Barr will participate in a pre-bid meeting with contractors bidding on the project. c. Barr will assist with the opening of bids. d. Barr will make a recommendation to the City regarding the award of the construction contract. e. Barr will participate in a pre-construction meeting with the Contractor upon award of the contract. f. Barr will review pay requests from the Contractor g. Barr will also provide project management for the items listed above, participate in project meetings, and provide correspondence with the City as needed. 5. Construction Phase Services: BaIT will provide assistance during construction in the following ways: a. Barr will review contractor submittals. b. Barr will answer questions from the field. c. Barr will provide part time construction observation. d. Barr will provide construction staking. e. Barr will coordinate materials testing. The testing company will either be hired by the Contractor or by the City. 6. Record Drawings: Barr will prepare record drawings for the work completed. Ilba'1'.comlprojects,ldpJi.23 /l,INI27'2327113 Eden Prairie Rain GardenslWorkFilcslRiverview Roadll'roject I\lanagementlRiverview Road Culvert Replacement_Proposal Lcttcr.docx Mary Krause September 9, 2013 Page 3 We propose to complete this scope of services on a time and materials basis with invoicing submitted monthly, The table below lists the tasks along with the estimated number of hours and Barr fees. Tasks Hours Labor and Expenses 1. Site Survey 21 $2,600 2. Detailed Design 185 $22,700 3. Permitting Assistance 62 $9,100 4. Contract Admin. and Project Management 104 $14,300 5. Construction Phase Services 223 $27,400 6. Record Drawings 50 $6,200 Total 645 $82,300 We appreciate the opportunity to provide you with this proposal for engineering services. Please do 110t hesitate to contact me if you have questions related to this proposal. We look forward to working with you on this project. ~ incere , . ~ ob Obermeyer, PE Vice President 952-832-2857 Ilban·,eomlproject. ~lpls.23 MN'2i12327113 Eden Prairie Rain GardcnsWlorkFiI .. ,Rivervicw RoadlProjcet ManagementlRivervicw Road Culvert Replacement]roposal Letter.docx T':lsk; Description 1 0 Site Survey City of Eden Prairie Riverview Road crossing Phase 2 -Detalled Design and Construction Soptembor6, 2'O1:l a: t~SUrvey&CIllil3d~ b A!.Sltance from oeSJgn leam I 20 ·oetilted Des~~..!! it Front EndSoecific!:11Ot'l$ b Teen Specs c Cutverf SpeCIficatiOn ---d DeYm:~SPeC' ~---~~ f Utihties swppp 3 0 Permitting Ass[siance a Ml'IONR "'wod:; III water" pelmit ~w..tershod" ~~ P~rmk c COEp#ffl1lt 4 0 Contr.act Administration & Projed Man::l:J:rement a ContractAcfminlstralion r--+-~=~dOC$@..~~~~. _____ _ Tiue, Principal -I GeotechniCal eM Engineer Eng/Mer Designer Rate $170,00 $175,00 $12S,00 ---j--1 8 is -- 16 4 ---'6-- 10 -... ---..1 16 f--t--16 -- ~--+--t---4~ --+--~ -,'0---1----_ ............... • 4-· -----+ ----!--------+ Total Task Estimated Labor Subtotals (Noles Cost Hours 21 $2,600 ~ 1 .-----t-J~~ _~ __ 1 ___ ~~0 1'!~;.,f3!!!!~Y-"'!.~y".~p'!;.egf'!liite ---,--j-,--r-~ .J ____ ~ ----~2~l~~ ------ $5.225 ----+-------t---~t1~--t--._--- r----t------~-~H~t_i -----+-- S1.170 62 $9,100 $4,160 1--_+_J. __ ·h~L8L-,---_._ .. "~ __ ,."----~--.. -------j----1 1 S4.160: --- 104 $14.300 SO .3 _____ -1-__ ------L $1,592 --$1.620 --Ssi) ----- -~:--:--------f-_S5O _1 __ -------!----j----L~...@Nof~ 4 Recommeodatlon to Cit,· Of ao.ooard 2 -r- 5 P~lructioomeeti §._ R~<!:~~!~!!..... .. _. Projec".l, Management d MootinLWrthPr~O\voe1$ 5 0 Construction Phase S.rvi~ --2 16 ~ Submi!taI~B£I~"~~"-------... 1 __ 1_--+-___ _ b Site vists ar»observation -r 4 c Construction sta~_ o 2 10 16+ 16 i20---.;c24~-f--- 51,215 $50 $1.560 ==F--55,830 --------+-------------- $1.120 223 T $27.400 -+--L.i--"---1 5;~j~+----+-----r----I---- 16 52_600 I $300 1--<L-~.!NiaIsTe$tingCOOl"tllnation~.<~~~~~L _______ . _ ___+_ 16 -1----1----1---1--· --:l---=-~;------1--+---1---, p_ 0 ~.co_~~.~~n~ -------+---:---l\-16 \---.,---\ \--""24----+----_~ ______ + ______ ..Jl--c~,,_; ____ '!Y._+-_-I ___ I-_.!SL~.Il._+ ____ . __________ 1 Totals 63 282 123 90 23 16 10 S81,365 645 $0 $740 S82,300 ;'oarr com'projectslMpl:s\2l MNI27'0232n13 Eden Ptall'ie Ram Gilfcens",,'lOlkFt!e-Rillef'JIew Road'tProjf'd M.ana9eme~se 2_Barr Fee Estmale";cI~~ ?age10r1 9113<2011 CITY COUNCIL AGENDA SECTION: Consent Agenda DATE: October 1, 2013 DEPARTMENT/DIVISION: Leslie Stovring Engineering ITEM DESCRIPTION: I.C. 12-5825 Approve a Grant Award from the Riley- Purgatory-Bluff Creek Watershed District for the Riley Creek Stabilization Project ITEM NO.: VIII.D. Requested Action Move to: Approve an agreement with Riley-Purgatory-Bluff Creek Watershed District to receive a grant to be used for stabilizing and restoring a section of Riley Creek. Synopsis The City of Eden Prairie has received a Cost-Share Program Grant from the Riley-Purgatory- Bluff Creek Watershed District (RPBCWD) in in the amount of $20,000 for stabilization of a severely eroded section of Lower Riley Creek that lies between Prospect Road and Spring Road (Reach H2/H3). The construction will be completed concurrently with the construction of Eden Prairie Woods to minimize impacts to residents who adjoin the project area. The total project cost is estimated as $127,174. Remaining costs will be paid out of the stormwater utility fund. Background RPBCWD previously evaluated the stretch of Riley Creek from Riley Lake to the Minnesota River for erosion and stabilization issues. Riley Creek is listed as impaired by the State impaired for turbidity (sediment) and stabilization of these bluff areas is required to delist the creek. The creek section is approximately 300 feet in length and is identified as Reach H2-H3 by the RPBCWD in their Use Attainability Analysis completed for Lower Riley Creek. Reach H2-H3 is downstream of Eden Prairie Road and was rated as having severe erosion. RPBCWD offered the opportunity to apply for cost-share funding to assist in stabilizing and restoring this section of Riley Creek. The grant is for $20,000 and will be used to off-set the proposed project costs which are estimated at $127,174. Attachment Grant Agreement Riley Purgatory Bluff Creek Public Cost-Share Agreement Watershed District 1 RILEY PURGATORY BLUFF CREEK WATERSHED DISTRICT Cost-Share Funding Agreement Riley Purgatory Bluff Creek Watershed District and City of Eden Prairie The parties to this cost-share agreement are the Riley Purgatory Bluff Creek Watershed District, a public body with purposes and powers set forth at Minnesota Statutes Chapters 103B and 103D (RPBCWD), and the City of Eden Prairie, a body corporate and politic and a [HOME RULE CHARTER/STATUTORY] city of the State of Minnesota (CITY). The purpose of this Agreement is to provide cost-share assistance for the construction and maintenance of a project demonstrating water resource conservation and providing education at 8080 Mitchell Rd on property owned by the CITY (the Property). RPBCWD has determined that it will contribute cost-share funding for construction of [a] water resources-conservation practice[s] in conjunction with a project CITY has undertaken to [OVERALL CITY PROJECT PURPOSES]. RPBCWD has determined the amount of funding that it will contribute to the construction and design of the practice[s] on the basis of the water- quality improvement, public education and demonstration benefits that will be realized. RPBCWD commits to reimburse CITY in accordance with the terms and on satisfaction of the conditions of this Agreement. 1. Scope of Work CITY will provide for stabilization of Riley Creek – Reach H2-H3 between Prospect Road and Spring Road on newly acquired city property (the Facilities) on the Property, or construct the Facilities itself, in accordance with the Site Plan, Design and Budget attached to and incorporated into this Agreement as Exhibit A. CITY may adjust the work during construction based on field conditions or other adaptive design considerations as in its judgment will better achieve the purposes of the Facilities. CITY will submit to RPBCWD a report that includes a narrative describing the construction of the Facilities, as-built drawings of the Facilities, a description of and receipts documenting eligible costs incurred including in-kind contributions, a description of any changes made or expected to the Facilities and photographs documenting construction (Project Report). A final Project Report must be submitted to RPBCWD within 30 days of the certification by CITY’s engineer of completion of construction. CITY will maintain a copy of the Site Plan and Design and other records concerning the Facilities for six years from the date CITY receives or completes the as-built drawings of the Facilities. RPBCWD may examine, audit or copy any such records on reasonable notice to CITY. Riley Purgatory Bluff Creek Public Cost-Share Agreement Watershed District 2 2. Contractor CITY will select a contractor or contractors for the Facilities or construct the Facilities itself and ensure construction of the Facilities in accordance with Exhibit A. In contracting for construction of the Facilities, CITY will ensure that no person is excluded from full employment rights or participation in or benefits of any program, service, or activity on the grounds of race, color, creed, religion, age, sex, disability, marital status, sexual orientation, public-assistance status or national origin, and that no person protected by applicable federal or state laws, rules or regulations against discrimination is subject to discrimination. 3. Reimbursement On receipt and approval of a Project Report and accompanying documentation (including receipts and as-built drawings) and certification by a registered engineer on behalf of CITY that construction has been completed and the Facilities are complete, functional and conforming to Exhibit A, and inspection by RPBCWD of construction, RPBCWD will reimburse CITY 50 percent of CITY’s eligible costs to design and construct the Facilities. Reimbursement under this Agreement will not exceed a total of $20,000. RPBCWD has determined that partial performance of obligations under section 1 of this Agreement may confer no or limited benefit on RPBCWD. As a result: a. RPBCWD may withhold 10 percent of any reimbursement under this section 3 until RPBCWD has confirmed substantial completion of the Facilities; and b. if construction, including vegetation establishment where specified, of the Facilities is not substantially completed in material conformance with the approved plans and specifications within two (2) years of the date this Agreement is fully executed, subject to delays outside of CITY’s control, RPBCWD will not be obligated to provide reimbursement to CITY under this Agreement and may declare this Agreement rescinded and no longer of effect. Notwithstanding, the parties will consult before RPBCWD makes a decision to deny reimbursement or rescind the Agreement. 4. Right of Access CITY will permit RPBCWD representatives to enter the Property at reasonable times to inspect the work, ensure compliance with this Agreement and monitor or take samples for the purposes of assessing the construction or performance of the Facilities and compliance with the terms of this Agreement. If RPBCWD finds that an obligation under this Agreement is not being met, it will provide 30 days’ written notice and opportunity to cure, and thereafter may declare this Agreement void. CITY will reimburse RPBCWD for all costs incurred in the exercise of this authority, including reasonable engineering, legal and other contract costs. 5. Maintenance CITY will maintain the Facilities for a minimum of 10 years from the date construction is complete in accordance with the Maintenance Plan & Schedule attached as Exhibit B. If CITY fails to maintain the Facilities, RPBCWD will have a right to reimbursement of all amounts paid Riley Purgatory Bluff Creek Public Cost-Share Agreement Watershed District 3 to CITY, unless RPBCWD determines that the failure to maintain the Facilities was caused by reasons beyond CITY’s control. If the CITY conveys into private Ownership a fee interest in all or any portion of the public property that is subject to this Agreement, it must require as a condition of sale, and enforce: (a) that the purchaser record a declaration on the property incorporating the maintenance requirements of this Agreement; and (b) that recordation occur either before any encumbrance is recorded on the property or, if after, only as accompanied by a subordination and consent executed by the encumbrance holder ensuring that the declaration will run with the land in perpetuity. If the CITY conveys into public Ownership a fee interest in all or any portion of the property that is subject to this Agreement, it must require as a condition of the purchase and sale Agreement that the purchaser accept an assignment of all obligations vested under this Agreement. 6. Acknowledgment and Publicity Any publicly distributed or displayed printed or electronic documents or other text display regarding the Facilities will properly acknowledge the funding provided by RPBCWD. The CITY will cooperate with RPBCWD to seek publicity and media coverage of the Facilities, and to allow members of the public periodically to enter the Property to view the Facilities in the company of an RPBCWD representative. CITY will permit RPBCWD, at its cost and discretion, to place reasonable signage on CITY’s property informing the general public about the Facilities and RPBCWD ’s cost-share program. 7. Independent Relationship; Indemnification RPBCWD 's role under this Agreement is solely to provide funds to support the performance of voluntary work by CITY that furthers the purposes of RPBCWD. This Agreement is not a joint powers agreement under Minnesota Statutes section 471.59. CITY acts independently and selects the means, method and manner of constructing the Facilities. No employee, representative, contractor or consultant of any party to this Agreement has acted or may act in any respect as the agent or representative of the other party. Any right to review or approve a design, work in progress or a constructed facility provided by the Agreement to RPBCWD is solely for RPBCWD’s purpose of accounting for RPBCWD funds expended. CITY is not the agent, representative, employee or contractor of RPBCWD. CITY will hold RPBCWD, its officers, board members, employees and agents harmless, and will defend and indemnify RPBCWD, with respect to all actions, costs, damages and liabilities of any nature arising from: (a) CITY’s negligent or otherwise wrongful act or omission, or breach of a specific contractual duty; or (b) a subcontractor’s negligent or otherwise wrongful act or omission, or breach of a specific contractual duty owed by CITY to RPBCWD. No action or inaction of RPBCWD or the CITY under this Agreement creates a duty of care on the part of RPBCWD or the CITY for the benefit of any third party. 8. Remedies; Immunities Only contractual remedies are available for a party’s failure to fulfill the terms of this Agreement. Notwithstanding any other term of this Agreement, the District and the Partner Riley Purgatory Bluff Creek Public Cost-Share Agreement Watershed District 4 waive no immunities in tort. No action or inaction of a party under this Agreement creates a duty of care for the benefit of any third party. This Agreement creates no right in and waives no immunity, defense or liability limitation with respect to any third party. 9. Effective Date; Termination; Survival of Obligations This Agreement is effective when fully executed by all parties and expires 10 years thereafter. RPBCWD retains the right to void this Agreement if construction of the Facilities is not certified as substantially complete by October 1, 2014. RPBCWD may grant a request to extend the construction-completion period based on satisfactory explanation and documentation of the need for an extension. Upon issuance by RPBCWD of notice of RPBCWD ’s determination to void this Agreement, CITY will not receive any further reimbursement for work subject to this Agreement, unless RPBCWD extends the construction-completion period. All obligations that have come into being before termination, specifically including obligations under paragraphs 4, 5, 6, 7 and 8 will survive expiration. 10. Compliance With Laws CITY is responsible to secure all permits and comply with all other legal requirements applicable to the construction of the Facilities. 11. Notices Any written communication required under this Agreement shall be addressed to the other party as follows: To RPBCWD : Administrator Riley Purgatory Bluff Creek Watershed District 8080 Mitchell Road Eden Prairie MN 55344 To CITY: Leslie Stovring 8080 Mitchell Rd Eden Prairie, MN 55344 12. Waiver RPBCWD 's failure to insist on the performance of any obligation under this Agreement does not waive its right in the future to insist on strict performance of that or any other obligation. Notwithstanding any other term of this Agreement, RPBCWD waives no immunities in tort. This Agreement creates no rights in and waives no immunities with respect to any third party or a party to this Agreement. Riley Purgatory Bluff Creek Public Cost-Share Agreement Watershed District 5 13. Venue and Jurisdiction The Agreement will be construed under and governed by the laws of the State of Minnesota. The appropriate venue and jurisdiction for any legal action hereunder will be Hennepin County, Minnesota. Intending to be bound, the parties hereto execute and deliver this Agreement. CITY By ______________________________ _ Date ___________________ Name____________________________ Its ____________________________ By ______________________________ _ Date ___________________ Name____________________________ Its ____________________________ RILEY PURGATORY BLUFF CREEK WATERSHED DISTRICT By ______________________________ _ Date ___________________ Name ___________________________ President APPROVED AS TO FORM AND EXECUTION _________________________________ Its Attorney Riley Purgatory Bluff Creek Public Cost-Share Agreement Watershed District 6 Exhibit A [SITE PLAN, DESIGN, PLANS & SPECIFICATIONS/BUDGET] Riley Purgatory Bluff Creek Public Cost-Share Agreement Watershed District 7 Exhibit B Maintenance Plan & Schedule 1. Buffer Areas. Buffer areas described in the Site Plan and Design attached as Exhibit A to the Agreement must be maintained as follows: a. The buffer will be maintained in perpetuity free from mowing and other vegetative disturbance except as specified herein, fertilizer application, yard or other waste disposal, the placement of structures, or any other alteration that impedes the function of the buffer in protecting water quality, shading riparian edge areas, moderating flow into an adjacent wetland or waterbody or providing habitat. b. As feasible under applicable city, county or other code, upland plantings will be subject to annual controlled burning to eliminate invasive species by a qualified professional every three to five years; where burning is not feasible, upland plantings will be mowed to control invasive species. Invasive vegetation will be destroyed by spot treatment; herbaceous vegetation 24 inches tall or more will be mowed to a height of 16 inches. c. Upland plantings will be replaced and seeded areas will be reseeded as necessary each spring to maintain ecological health and function and in accordance with a written proposal or plan prepared by the City and approved by RPBCWD staff. 2. Shoreline and Streambank Stabilization. Shoreline and streambank stabilization areas described in the Site Plan and Design attached as Exhibit A to the Agreement must be maintained as follows: a. The shoreline or streambank will be inspected at least annually and any erosion or structural problems observed will be corrected within 30 days of inspection to establish and maintain a naturalized, ecologically healthy shoreline that is structurally stable and resistant to erosion. b. Plants will be watered 1 to 2 inches per week for the first three to four weeks after planting and less frequently later in the season depending on the amount of rain received. If the plants are in pure sand and the weather is dry with high temperatures, the plants may need daily watering of ½ inch or more for the first month or so. When feasible, watering will be done early in the morning and avoided from 12 pm to 5 pm. c. All planted and seeded areas will be maintained in perpetuity free from mowing or other vegetative disturbance except as specified herein, fertilizer application, yard or other waste disposal, and the placement of structures or any other alteration that impedes the function of the shoreline or streambank in protecting water quality, shading the riparian edge, moderating flow into any adjacent wetland or waterbody, or providing habitat. d. Weeding of invasive species will occur on an ongoing basis. Weeds can be hand pulled or treated selectively with herbicides according to instructions on the herbicide label. Only aquatic formulations of an herbicide will be used within ten feet of the water. e. As feasible under applicable city, county or other code, upland plantings will be subject to annual controlled burning to eliminate invasive species by a qualified Riley Purgatory Bluff Creek Public Cost-Share Agreement Watershed District 8 professional; where burning is not feasible, upland plantings will be mowed to control invasive species. Invasive vegetation will be destroyed by spot treatment; herbaceous vegetation 24 inches tall or more will be mowed to a height of 16 inches. f. Upland and shoreline plantings will be replaced and seeded areas will be reseeded as necessary each spring to maintain ecological health and function and in accordance with a written proposal or plan prepared by the Owner and approved by RPBCWD staff. 3. Reporting. Owner will submit to the RPBCWD a report at year 1,3,5 and year 9 following completion of the project described in the Site Plan and Design attached as Exhibit A to the Agreement a brief written report that describes the maintenance activities performed under the Agreement to which this Exhibit is attached, including dates, locations of inspection, maintenance activities performed and photographs of the Project. CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: October 1, 2013 DEPARTMENT/DIVISION: Stuart A. Fox, Parks and Natural Resources Manager ITEM DESCRIPTION: Permit for Winter Use of the LRT Trail ITEM NO.: VIII.E. Requested Action Move to: Authorize staff to submit a Winter Trail Activities Permit to Three Rivers Park District for the 2013-2014 winter season usage of the LRT trail. Synopsis Currently, Three Rivers Park District does not provide any maintenance of the Regional LRT trail system between November 15 and March 31 of each year. If winter use is desired it is up to the individual cities to request a permit for a specific use(s) of the trail during this “off maintenance” time period. Since the portion of the trail within the city is heavily used by residents, the City has requested and entered into a Winter Use Permit agreement for the past 10+ winters. This has enabled the public to hike/walk, snowshoe or cross-country ski on the LRT corridor trail during the winter months. The 2013 permit request seeks authorization from Three Rivers for walking, snowshoeing and cross country skiing activities on the LRT Trail. The city park staff would plow the LRT for walking activities; however, we do not set tracks for snowshoeing or cross-country skiing. Another condition of the permit is that park staff removes the garbage from the trash receptacles along the trail during the winter months. Without the City applying and receiving a winter activities permit, the trail would be signed as closed and unavailable to the public. The winter activity use permit will run from November 15, 2013, to March 31, 2014. Attachment 2013-2014 Winter Trail Activities Permit Application ·,1 THREE RIVERS PARK DISTRICT REGIONAL TRAIL SYSTEM 2013-2014 WINTER USE PERMIT Name of Clty_---=eb::...-..=E!=I'J~PR___'_=A....!..I'_"'e'__"'G""___ ____ _ City Hall Phone 't-52.-'l4'J -e~o Contact Person_--"IVlc..;..u:;IJ.i .... rrf'....L-...J80 ......... =u'-"'I2. .... N".,8 ... ::"'---____ _ Phone __ q:...:S;:..::2."---.....lt:tL-.:~-'---B'-"'=5-"""3=b ___ _ Contact Person Email Address.--_-.t.Y\C-..:.!b=o\J.:=:....:-r-.-.t..\:..=e:...>@ __ .... ed=e.-.-r\~~:...!r;...=O..:..:i_=_(.~i.C!._=__ • ...=O:..;.(.....:;.f-------- Maintenance Contact Person_---=SA.=..:!"-'Mc.:.:t::"'-.. ---=-.;~'--"---'A&:....=""-V::..:b~ __ _ Phone, _________ ___ Maintenance Contact Person Email Address'---__________________ _ . ,.,}. / . C#.~. ~z..- Regional Trail From W Cot "St. LCIa<.C.'7bWN I-fl6ttwNy) to ----L::f2.='UlL""'IiVL-L..LA=~J<..a:k_b=_=:....!. __ Authorized 2013-2014 Winter Activities WAWl.tlllh J ?NOWs.tioE'/I\J6) {!tofsc, C/)j)IIJT~Y Sl, Regional Trail From _________________ to _________ _ Authorized 2013-2014 Winter Activities ____________________ _ Regional Trail From _________________ to _________ _ Authorized 2013-2014 Winter Activities ____________________ _ Regional Trail From _________________ to _________ _ Authorized 2013-2014 Winter Activities, _____________________ _ Regional Trail From _________________ to _________ _ Authorized 2013-2014 Winter Activities. ____________________ _ Regional Trail From _________________ to _________ ___ Authorized 2013-2014 Winter Activities ____________________ _ Authorization is hereby requested from the Park District Board of Commissioners to use portions of the Regional Trail Corridor for winter use activities from November 15, 2013 through March 31, 2014, as determined by each municipality within guidelines set forth herein on District Regional Trails located within indiVidual City boundaries. It is understood and agreed that approval from the Park District Board of Commissioners is contingent upon the following conditions: 1. The City agrees to defend, indemnify, and hold harmless the Park District, its officials, officers, agents, volunteers, and employees from any liability, claims, causes of action, judgments, damages, losses, costs or expenses, including reasonable attorney's fees, resulting directly or indirectly from any act or omission of the City, its respective contractors, anyone directly or indirectly employed by the City, and/or anyone for whose acts and/or omissions they may be liable for related to the winter use of the Regional Trail Corridor. Nothing in this Agreement constitutes a waiver by the City of any statutory or common law defenses, immunities, or limits on liability. The City cannot be required to pay on behalf of itself and Three Rivers Park District, any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466. If City maintains general liability insurance at the time this permit is i~sued, City shall provide the Park District with a Certificate,of Insurance, naming Three Rivers Park District as an additional named insured. 2. The City agree~ to schedule regular trash pick-up that is appropriate to the level of use expected on the permitted sectlon(s) of trail so as not to create conditions where trash ',cohtaJriers ate,Qverflowlng o~ offensively odorous. ,~ ,;,.,' \". ::' ;': ' 3. The 'c:ity ,alsq "agre~?, ~o maintain the trail, incJudll')g" but not JilT)lted to, any plowing, sweeping, sanding, packing, and sign replacement, from November 15, 2013 through March 31, 2014. For ice 'control on aggregate trajls, Cities agree to use buff colored, 3/8" clear limestone chips from 'Edward Kramer~and Sons, Burnsville, MN. E;dward Kramer and Sons is the only aggregate pit that ,supplies th~ buff colored limestone that has been specified for use on these trails:'· 'Paved tra'ils 'can be treated with a Corrosion Inhibited/Treated Rock Salt; , (Specifications: A mixture of Regular Road Salt, Type I, Grade I, ASTM-D-632 - Modified per MN/DOT Speciflcatl9n, bleqqed with a MN/DOT approved magnesium I.' ':" f' ~hlqrlp,~-p,?I~ed product foJ. ,af')tl~\l;ifl9 ¢r: a~lCing : use or 'an a'PPfoved blend of Regular .. :', \ ~,~oad Spit. and a f1:!a9.,lieslu~, chlorlclEl-based product. The magmislum chloride-based prodllCt' will also c6'ntarn" ah'ag'rlcultural' prbcessing residue or an alternative MN/DOT approved agent that will depress the effective working temperature and decrease corrosiveness of the overall compound as well as prevent leaching of the treating solution) or other chemical treatments approved by the Park District. The City further agrees to Immediately address all safety issues on or adjacent to trails. 4. The City will provide signage at locations approved by the Park District, notifying the public of authorized winter activities within its city limits; activities may include, but are not limited to, hiking, biking, cross-country skllng l snowshoeing, or walking. Winter use signs must be installed by the City at designated locations prior to November 15, 2012 and removed by the City no later than April 15, 2013. These signs are totally the responsibility of each municipality. 5. Snowmobiling is not allowed on Park District regional trails. Permitted use for snowmobiles will be limited to direct crossings only. The Hennepin County Regional Railroad Authority (HCRRA) does not allow snowmobiling or other motorized use within its corridors. The Lake Minnetonka LRT Regional Trail, Minnesota River Bluffs' LRT Regional Trail, Cedar Lake LRT Regional Trail, and the Dakota Rail Regional Trail are located on HCRRA corridor property and permission for a snowmobile crossing of an HCRRA corridor must be obtained from the HCRRA prior to requesting permission from the Park District for a snowmobile crossing of the regional trail within the corridor. If a snowm'obile crossing is permitted l cities must take steps to keep snowmobiles from damaging paved trails, bridges and other property. 6. The City agrees to enforce rules and regulations established by the municipality as part of its request for a Winter Use Permit. 7. The City agrees to repair all trail surface damage that occurs as a result of winter trail activities and/or maintenance, including, but not limited to, bituminous/concrete repair, bridge deck repair, grading or adding aggregate pursuant to guidelines established by the Park District. The City shall contact the Park District prior to the start of any surface repairs, for review of proposed repair plans and authorization to proceed. 8.1,"he City agrees that winter trail use will be available to all persons, regardless of residence. '" Each City is required to submit its annual permit requests, including proposed rules and regulations, by October 15, 2013, after which the Park District may take up to 45 business days to process. Each permit request must be submitted as a result of formal City Council action, with accompanying verification, agreeing to the terms and conditions outlined by the Park District's Winter Use Permit. The Park District reserves the right to terminate a permit at any time, if the conditions set forth herein are not followed. Signed: ____________________ ~--------------Date:, __ ~ ________ ~~ ______ __ Title: CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: October 1, 2013 DEPARTMENT/DIVISION: George Esbensen, Chief Fire Department ITEM DESCRIPTION: Hennepin County CAD User Agreement ITEM NO.: Requested Action Move to: Approve agreement with Hennepin County for access to CAD data. Synopsis The Hennepin County Sheriff’s Office, HCSO, has purchased software that allows independent law enforcement, fire and emergency management agencies to view each other’s incident data in real-time. This software is published by FatPot, a company based in Utah that specializes in public safety data integration. The primary purpose of the system is for one entity to be able to view real-time incident activity happening in their neighboring communities. For example, Eden Prairie will be able to view fire and police activity taking place in Minnetonka prior to being alerted by Minnetonka’s dispatch centers. This data will be stored on a server at HCSO and users of the system will have the ability to query to the database for legitimate law enforcement purposes (data trends, intelligence, etc.). Under the MOU the data will only be retained on the server for 72 hours. The MOU was reviewed by a group of several city attorneys throughout Hennepin County and has gone through several revisions. Attachment Memorandum of Understanding - 1 - HENNEPIN COUNTY CAD USER AGREEMENT This Hennepin County CAD User Agreement (“HCUA”) is between Hennepin County, State of Minnesota, (“COUNTY”) and The City of Eden Prairie (“USER”). WITNESSETH: WHEREAS, COUNTY and FATPOT Technologies, LLC (“FATPOT”) executed Software and Service Agreement No. A130356 for the licensing of FATPOT’s CADFusion product (the “FATPOT Agreement”); WHEREAS, FATPOT’s CADFusion product collects and displays dispatch information from multiple sources in one view; WHEREAS, by the terms of the FATPOT Agreement, FATPOT granted COUNTY the right to use FATPOT’s CADFusion products including but not limited to the CADfusion server software and custom built interface(s) described in the FATPOT Agreement (the “Server Software”); WHEREAS, COUNTY will send incident data and other related information to the Server Software (“County Data” or “County’s Data”); WHEREAS, USER will send incident data and other related information to the Server Software (“User Data” or “User’s Data”); WHEREAS, pursuant to agreements that are substantially similar to this HCUA (“Partner Agreements”), other law enforcement agencies with whom COUNTY has a direct business relationship (“Partners”) will send incident data and other related information to the Server Software (“Partner Data” or “Partner’s Data”); WHEREAS, FATPOT granted COUNTY the right to allow Partners to use the viewer functionality to view County Data and Partner Data on the Server Software (County Data and Partner Data on the Server Software may collectively be referred to as “Incident Data”). NOW, THEREFORE, in consideration of the mutual undertakings and agreements set forth herein, the COUNTY and USER agree as follows: 1. Term. This HCUA shall commence upon signature by COUNTY and shall expire on March 31, 2016, unless terminated earlier in accordance with the provisions of this HCUA. - 2 - 2. Licenses. USER hereby grants COUNTY a limited, revocable, royalty-free license: (i) to copy, manage and delete User’s Data to/on/from the Server Software for the purpose of distributing User’s Data to itself and Partners by and through the Server Software; and (ii) to distribute User’s Data to itself and to Partners by and through the Server Software`. USER hereby grants COUNTY and each PARTNER a limited, revocable, royalty-free license to view, copy, display and distribute User’s Data by and through the Server Software in connection with the party’s law enforcement duties and obligations; COUNTY hereby grants USER a limited, revocable, royalty-free license: (i) to use the Server Software; and (ii) to use County’s Data through the Server Software. Except as expressly permitted in this HCUA or as otherwise required by law, USER shall not, and shall exercise commercially reasonable efforts to not allow or authorize any third party to use, disclose or access Incident Data. The foregoing licenses are subject to compliance with the terms of this HCUA. The rights granted in this paragraph may be referred to herein as the “License”. The License is subject to USER’s compliance with the following: (i) USER shall only access the Server Software by and through USER’s independently licensed and then currently supported PortalOne Client Application in the view-only access mode (“Client Application”) and only from USER’s computers that are physically located in USER’s secure facilities and only using application interfaces and authentication provided by COUNTY (“Access Point(s)”); (ii) USER shall comply with COUNTY’s security requirements; (iii) USER shall deliver User Data to COUNTY for viewing by and through the Server Software pursuant to COUNTY’s directions; (iv) USER shall not access the Incident Data by any means other than the Client Application including but not limited to scraping, robots, wanderers, crawlers, spiders, etc (as those terms are commonly used and understood in the information technology industry); (v) USER shall be solely responsible for acquiring, installing, maintaining, supporting and otherwise operating the Client Application - 3 - including but not limited to paying all costs, expenses, communication charges and licensing fees associated with the same; (vi) USER shall only use the Server Software and Incident Data in connection with USER’s: (i) law enforcement duties and obligations; or (ii) other legal obligations; (vii) USER shall only allow USER’s bona fide employees to use and/or access the Server Software and Incident Data; (viii) USER shall not share or distribute COUNTY provided authentication usernames or passwords (“Passwords”); (ix) USER shall secure and safeguard Passwords, Access Points and Incident Data in USER’s possession or control in the same manner that USER secures and safeguards its own critical or confidential systems, software, data, passwords, material or other information. Except as set forth herein, USER shall acquire no right, title or interest in or to the Server Software, County Data or Partner Data. 3. Compliance with Applicable Law and Data. USER and COUNTY shall comply with all applicable federal, state and local statutes, regulations, rules and ordinances currently in force or later enacted including but not limited to the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 (MGDPA). Each of the parties acknowledges and agrees that: (i) sharing the User Data and Incident Data hereunder will aid the law enforcement process and promote public safety; and (ii) the Incident Data disseminated by COUNTY to USER will have same classification at/for USER as the Incident Data had at/for COUNTY; the User Data disseminated by USER to COUNTY will have the same classification at/for COUNTY and PARTNERS as the User Data had at/for USER. Upon a third-party request to USER for the right to inspect, copy or otherwise access Incident Data, USER shall explain: (i) that USER has control of and will provide requested User Data, subject to applicable law; (ii) that each Partner, including COUNTY, has control of and will provide that Partner’s Data, subject to applicable law; (iii) that the Incident Data on the Server Software is merely a copy/replica of the applicable User/Partner Data; and (iv) to the best of USER’s knowledge and belief, the Incident Data is not stored, retained or otherwise available for more than seventy-two (72) hours after it was created. If the third-party persists with its request for Incident Data or if USER can not otherwise fulfill the third party’s request, USER shall: (i) direct the request to County as provided in Section 6 hereof; (ii) explain to the requesting party that - 4 - the request has been directed to the County and communicate the contact information provided in Section 6 hereof; and (iii) perform any other reasonable tasks necessary to expedite fulfillment of the request. Upon a third-party request to COUNTY for the right to inspect, copy or otherwise access User Data, COUNTY shall explain: (i) that COUNTY has control of and will provide requested County Data, subject to applicable law; (ii) that each Partner, including USER, has control of and will provide that Partner’s Data, subject to applicable law; (iii) that the User Data on the Server Software is merely a copy/replica of the applicable User/Partner Data; and (iv) to the best of COUNTY’s knowledge and belief, the User Data is not stored, retained or otherwise available for more than seventy-two (72) hours after it was created. If the third-party persists with its request for Incident Data or if COUNTY can not otherwise fulfill the third party’s request, COUNTY shall: (i) direct the request to USER as provided in Section 6 hereof; (ii) explain to the requesting party that the request has been directed to the USER and communicate the contact information provided in Section 6 hereof; and (iii) perform any other reasonable tasks necessary to expedite fulfillment of the request. 4. Termination. COUNTY may terminate this HCUA, and thereby terminate the License and USER’s Access to the Server Software, at any time by upon thirty (30) days’ written notice to USER . USER may terminate its participation in this HCUA upon thirty (30) days’ written notice to COUNTY. 5. Liability. USER agrees to defend, indemnify, and hold harmless the COUNTY and each Partner, their officials, officers, agents, volunteers and employees from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorney’s fees, resulting directly or indirectly from USER’s failure to comply with the terms of this HCUA or failure to perform any duties and obligations required by applicable law and/or this HCUA. COUNTY agrees to defend, indemnify, and hold harmless USER, its officials, officers, agents, volunteers and employees from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorney’s fees, resulting directly or indirectly from COUNTY’s failure to comply with the terms of this HCUA. The parties’ respective liabilities shall be governed by the provisions of the Municipal Tort Claims Act, Minnesota Statutes Chapter 466, and other applicable law. The statutory limits of liability for some or all of the parties may - 5 - not be added together or stacked to increase the maximum amount of liability for any party. This paragraph shall not be construed to bar legal remedies one party may have for the other party’s failure to fulfill its obligations under this Agreement. Nothing in this Agreement constitutes a waiver by the USER or COUNTY of any statutory or common law defenses, immunities, or limits on liability. 6. Miscellaneous Provisions. The matters set forth in the “WHEREAS” clauses at the beginning of this HCUA are by this reference incorporated into and made a part of this HCUA. USER and COUNTY hereby expressly acknowledge and agree that the other Partners shall each be a third party beneficiary of this HCUA with the right to enforce the terms of this HCUA affecting its rights, including, without limitation, the license rights in Section 2 and the indemnification rights in Section 5. USER shall be a third party beneficiary of each Partner Agreement with the right to enforce the terms of each Partner Agreement affecting User’s rights, including, without limitation, the license rights in Section 2 and the indemnification rights in Section 5. To facilitate and coordinate the Partners, including USER so as to accomplish the purposes of this HCUA, the Sheriff’s Principal IT Specialist assigned to the CAD team, or his/her designee, (the “County Facilitator”) shall manage this HCUA on behalf of the COUNTY and the Partners and serve as liaison between the COUNTY, USER and the other Partners. Third-party requests to USER for the right to inspect, copy or otherwise access Incident Data shall be sent to Sheriff’s Office Administrative Services Bureau with a copy to Kathleen.Washenberger@co.hennepin.mn.us. Entity shall explain to the requesting party that the request has been directed to the Sheriff’s Office Administrative Services Bureau. The remainder of this page is blank. - 6 - COUNTY AUTHORIZATION COUNTY OF HENNEPIN Reviewed by the County STATE OF MINNESOTA Attorney's Office By: Hennepin County Administrator Date: USER By: Ron Case, Acting Mayor Date: October 1, 2013 By: Rick Getschow, City Manager Date: October 1, 2013 CITY COUNCIL AGENDA SECTION: Public Hearings DATE: October 1, 2013 DEPARTMENT/DIVISION: Community Development Janet Jeremiah, Director Molly Koivumaki, Housing and Human Services Manager ITEM DESCRIPTION: Public Hearing for Housing Improvement Area for Fairway Woods II Condominium Association ITEM NO.: IX.A. Requested Action Move to: Close the public hearing. Synopsis The purpose of this public hearing is to receive comments on proposed Housing Improvement Area (HIA) for the Fairway Woods II Condominium Association. On August 20, 2013, the City Council received a petition signed by 100% of the property owners at Fairway Woods II Condominiums to establish an HIA. The City Council set a public hearing date of October 1, 2013. Owners were notified by mail, and a legal notice was published in accordance with procedures outlined in Minn. Stat. 471.345. The hearing notice included the time and place of the hearing, a map showing the boundaries of the proposed area, fees/funds/terms of funding, a list of improvements, and a statement that all contracts must comply with Minn. Stat. 471.345. Objections Owners may object prior to adoption of an ordinance or during the hearing regarding the ordinance. Owners may argue that their property does not benefit and should not be included in the area. The city has 60 days to rule on the objection. The city may deny, delay the passing of the ordinance, or exclude the property from the area. Owners may appeal the city’s decision to the district court within 30 days of the city’s decision. Ordinance An ordinance will be prepared and presented to Council at a later date; it must be adopted within six months of the October 1, 2013, public hearing. The ordinance must include the area, basis for any fees to be charged, and number of years the area/ordinance are in effect. The ordinance must also include specific findings: 1) that the improvement is impossible without the HIA, and 2) that it is needed to maintain the area. The ordinance must designate the implementing entity (Council or HRA). Once the ordinance is passed, it must be mailed to the owners within five days of adoption. The notice must include information about the veto option. The ordinance is not effective until 45 days after it is adopted, within that 45 days, the owners can veto the ordinance by submitting objections by 45% of the owners of the area. Assessment and Fees The city must determine rate/term/amount to be advanced to the HIA, how it will be assessed, interest rate, any fees and the basis for those fees, and implementation of assessment (square foot or tax capacity). A resolution will be drafted setting the hearing date on assessment and fees. Public notification of the hearing will follow the same procedure used in the original public hearing. Hearing on Assessment and Fees At the hearing, the Council will take action to adopt, revise or deny the resolution which sets the assessment and fees. Specifics for the resolution to include: the final resolution cannot exceed the amount noticed, the amount is not part of the levy limit and the resolution must be adopted within six months of the hearing. The adopted resolution will be mailed to owners with five days of adoption and will indicate that the ordinance and resolution are on file with the city Clerk for review. The notice will include information on the veto option. The resolution is not effective until 45 days after it was adopted, within that 45 days, the owners can veto the resolution by submitting proof of subjection by 45% of the owners. Attachment Notice of Public Hearing NOTICE OF PUBLIC HEARING 2013 C ITY OF EDEN PRAIRIE FAIRWAY WOODS II CONDOMINIUM ASSOCIATION HOUSING IMPROVEMENT AREA Notice is hereby given that the City of Eden Prairie, pursuant to Minnesota Statutes Sections 428A.11- 428A.21, is holding a public hearing on October 1, at 7:00 p.m. in the Eden Prairie City Council Chambers, 8080 Mitchell Road, Eden Prairie, Minnesota, for the purpose of: 1. Adoption of an ordinance establishing the Fairway Woods Condominium Association Housing Improvement Area (“Fairway Woods II HIA”). 2. Adoption of a resolution imposing fees on housing units within the Fairway Woods II HIA. This public hearing is being held because 100% of the property owners at the Fairway Woods II Condominiums have submitted a petition to the city requesting a Housing Improvement Area be established to facilitate various improvements to the common areas at the Fairway Woods II Condominiums. The boundaries of the proposed Fairway Woods HIA are shown in the map below. Fees imposed on the owners of units in the Fairway Woods II Condominium Association would finance the improvements. Details regarding the hearing, the improvements, and the fees area as follows: 1. Persons to be heard: All persons owning housings units in the proposed housing improvement area that would be subject to a fee for housing improvements, and all other interested persons, will be given an opportunity to be heard at the hearing. 2. Proposed Improvements: The proposed improvements include:  Roof: Installation of a full roof replacement by GAF certified contractor.  Siding: Installation of new Variform Vortex Double 5” traditional lap siding on the front of the building.  Gutters: Installation of new 5” pre-finished aluminum seamless gutters on the upper and lower sections of the front of the building as well as commercial grade downspouts. Gutter-only replacement on the back of the building.  Front Doors: Installation of 4 new front entry doors and sidelights.  Garage Doors: Painting 20 garage doors.  Driveway: Asphalt repairs and seal coating.  Exterminating: Bat extermination and proofing of entire structure. All contracts must comply with Minnesota State Statute 471.345. 3. Estimated cost of Improvements to be paid in whole or in part by Housing Improvement Fee: The total estimated project cost is $ 145,000.00. 4. Amount to be charged against each housing unit: Each of the 20 housing units that comprise the Fairway Woods II Condominium Association will be charged the same amount for the improvements. Interest on the per-unit fees will be charged at the rate of 5.4% per annum. 5. Owner’s right to prepay the total fee: Housing unit owners may prepay the Total Prepayment fee, in whole but not in part, by November 15, 2014. After this date, if a prepayment is made by November 15, in any year, the amount must include interest at the rate of 5.4% through the end of that calendar year. If the prepayment is made after November 30, the amount must include interest through the end of the following calendar year. 6. Number of years the fee will be in effect: If owners do not pay the Total Prepayment Fee by November 15, 2014, an Annual Fee will be imposed and collected at the same time and in the same manner as property taxes. The Annual Fee will be payable in equal semiannual installments over a period not to exceed 15 years, beginning in 2015. 7. Owner’s right to prepay after imposition of the Annual Fee: Owners may prepay the unpaid installment of the Annual Fee at any time as described in paragraph 5. 8. Objections: Prior to the adoption of the ordinance, or during the public hear, owners may object that their property does not benefit from the improvement and should not be included in the Housing Improvement Area. 9. Compliance with Petition Requirement: Owners of more than 50 percent of the housing units that would be subject to the proposed Housing Improvement Fee in the Fairway Woods II HIA have filed a petition with the city requesting a public hearing on the proposed Housing Improvement fee. This meets the requirement for a public hearing under Ch. 428A.12. For additional information on the proposed Housing Improvement Fee, contact the City of Eden Prairie at 952- 949-8439 . This material can be provided to you in different forms on request, such as large print, if you call 952-949-8300 (voice) or 952-949-8399 (TTD/TTY). The public hearing is being held pursuant of MS 471.59. CITY COUNCIL AGENDA SECTION: Public Hearings DATE: October 1, 2013 DEPARTMENT/DIVISION: Community Development/Planning Janet Jeremiah ITEM DESCRIPTION: United Health Group 2013 Amendment ITEM NO.: IX.B. Requested Action Move to:  Close the Public Hearing; and  Adopt the Resolution for Planned Unit Development Concept Review on 71 acres; and  Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning Amendment in the Office Zoning District on 71acres; and  Adopt the Resolution for Preliminary Plat on 71 acres into 3 lots; and  Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Synopsis The proposed plan amendments are as follows.  Re plat the property for mortgage purposes. The platting requires waivers from the city code related to setbacks and floor area ratio. The waivers for setbacks and floor area are minor since they do not affect the approved plan.  Amend the approved sign plan for some additional signs, and changing the location and size of the wall signs. The waivers are minor.  Plant part of the landscaping and tree replacement requirement with the right of way along the east and west sides of Shady Oak Road. This is a minor waiver. Background Information Setback and floor area waivers:  Side yard 20 feet to 10 feet on lot 1  Rear yard setback from 10 to 0 feet on lot 2  Side yard setback from 20 feet to 10 feet on lot 2  Floor area ratio from .50 to .95 on lot 1, block 1  Floor area ratio from .50 to 1.29 on lot 2, block 1  Floor area ratio from .50 to 1.20 on lot 1, block 2 Sign waivers:  Sign A: (1) 104 square feet, 11 feet high. Code 50 sf and 8 feet high. (Free standing sign)  Sign B: (2) 30 square feet, 11 feet high. Code 50 sf and 8 feet high. (Free standing sign)  Sign C: (9) directional signs 14 sf, 11 feet high. Code 6 signs/lot, 6 sf each, 6 feet high.  Sign D: (1) 470 square feet, 11.5 feet high. City Code 50 sf, 8 feet high. (free standing sign)  Wall Sign: (2) 500 sf signs building # 3, (1) 200 square foot sign building #4. City Code 50 square feet on each wall of each building Landscaping and tree replacement waiver: United Health Group would like to plant part of the landscaping and tree replacement requirement with the right of way along the east and west sides of Shady Oak Road. This is a planned unit development waiver to plant trees offsite. Staff suggests keeping the quantity of trees the same on the UHG site but reducing the size in order to plant additional and or larger trees along Shady Oak Road. The 120-Day Review Period Expires on December 14, 2013. Planning Commission Recommendation The Planning Commission voted 4-0-1 to recommend approval of the project at the September 9, 2013, meeting. Attachments 1. Ordinance PUD 2. Resolution PUD Concept 3. Resolution Preliminary Plat 4. Staff Report dated 8-30-13 5. Location Map 6. Land Use Map 7. Zoning Map 8. Aerial photo 9. Planning Commission Minutes 9-9-13 UNITED HEALTH GROUP 2013 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 ____________ 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 _____________ 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 1st day of October, 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 ____ day of ___________, 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 2, Block 1, BP Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2013- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF UNITED HEALTH GROUP 2013 AMENDMENT FOR UNITED HEALTH CARE SERVICES, INC WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) Concept of certain areas located within the City; and WHEREAS, the Planning Commission did conduct a public hearing on September 9, 2013, on United Health Group 2013 Amendment by United Health Services, Inc and considered their request for approval of the PUD Concept plan and recommended approval of the request to the City Council; and WHEREAS, the City Council did consider the request on October 1, 2013. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. United Health Group 2013 Amendment 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 September 4, 2013. 3. That the PUD Concept meets the recommendations of the Planning Commission September 9, 2013. ADOPTED by the City Council of the City of Eden Prairie this 1st day of October, 2013. _______________________ Ron Case, Acting Mayor ATTEST: ________________________ Kathleen Porta, City Clerk EXHIBIT A PUD Concept - United Health Group 2013 Amendment Legal Description: Lots 1, 2, 3 Block One; Outlots A, B, C, D, E, F, G, H, I, K City West Corporate Center CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2013-___ RESOLUTION APPROVING THE PRELIMINARY PLAT OF UNITED HEALTH GROUP FOR UNITED HEALTH GROUP BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of United Health Group for United Health Group stamp dated September 4, 2013, and consisting of 71 acres into 3 lots, 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 1stday of October, 2013. __________________________ Ron Case, Acting Mayor ATTEST: __________________________ Kathleen Porta, City Clerk 1 STAFF REPORT TO: Planning Commission FROM: Michael D. Franzen, City Planner DATE: August 30, 2013 PROJECT: United Health Group LOCATION: South of Highway 62, east of Shady Oak Road, and north of City West Parkway APPLICANT/ OWNER: United Healthcare Services, Inc. 120-DAY REVIEW: Expires October 14, 2013 REQUEST:  Planned Unit Development Concept review on 71 acres  Planned Unit Development District Review on 71 acres  Zoning District Amendment in the Office District on 71 acres  Preliminary Plat of 71 acres 3 lots and 8 outlots. BACKGROUND In 2011 the City Council approved a plan for United Health Group for 1,481,700 square feet of office to be constructed in four phases. Building 1: 256, 700 sf Building 2: 341,700 sf Building 3: 505,900 sf Building 4: 347,400 sf PRELIMINARY PLAT AMENDMENT United Health Group wants to re plat the property for mortgage purposes. The platting requires waivers from the city code related to setbacks and floor area ratio. The waivers for setbacks and floor area are minor since they do not affect the approved plan. 2 SIGN PLAN AMENDMENT The approved plan for signs is as follows. 1. Two freestanding signs on West 62 Street. Two at 50 square feet and 10.5 feet high. 2. One free standing sign on City West Parkway, 104 square feet, and 10.5 feet high. 3. One 50 square foot wall sign per street frontage for each of the 4 buildings to one 200 square feet for each building. United Health Group would like the following sign amendments. Sign A: (1) 104 square feet, 11 feet high. Code 50 sf and 8 feet high. (Free standing sign) Sign B: (2) 30 square feet, 11 feet high. Code 50 sf and 8 feet high. (Free standing sign) Sign C: (9) directional signs 14 sf, 11 feet high. Code 6 signs/lot, 6 sf each, 6 feet high. Sign D: (1) 470 square feet, 11.5 feet high. City Code 50 sf, 8 feet high. (free standing sign) Wall Sign: (2) 500 sf signs building 3, (1) 200 square foot sign building 4. City Code 50 square feet on each wall of each building Reasons to consider the sign waivers:  The site is 71 acres.  The plan includes 4 buildings and 3 parking decks.  The size of the development is 1,481,700 square feet.  The wall signs are located at the top of the walls at a considerable distance from property lines and appear visually smaller in proportion to the height and size of the building.  The sign with sculpture is located in the interior of the site and not visible from outside of the project.  No signs are proposed on the parking decks. The decks could have a total of (7) 50 square foot signs. LANDSCAPING AMENDMENT United Health Group would like to plant part of the landscaping and tree replacement requirement with the right of way along the east and west sides of Shady Oak Road. This is a planned unit development waiver to plant trees offsite. Staff suggests keeping the quantity of trees the same on the UHG site but reducing the size in order to plant additional and or larger trees along Shady Oak Road. STAFF RECOMMENDATION Recommend approval of the following request:  Planned Unit Development Concept review on 71 acres  Planned Unit Development District Review on 71 acres  Zoning District Amendment in the Office District on 71 acres  Preliminary Plat of 71 acres into 3 lots and 8 outlots. 3 This approval is based on plans dated September 4, 2013, subject to the recommendations of this Staff Report, and the following: 1. Planned Unit Development waivers are granted as follows:  Side yard 20 feet to 10 feet on lot 1.  Rear yard setback from 10 to 0 feet on lot 2.  Side yard setback from 20 feet to 10 feet on lot 2.  Floor area ratio from .50 to .95 on lot 1, block 1.  Floor area ratio from .50 to 1.29 on lot 2, block 1.  Floor area ratio from .50 to 1.20 on lot 1, block 2.  Offsite landscaping and tree replacement within the right of way of Shady Oak Road.  Sign A: (1) 104 square feet, 11 feet high. Code 50 sf and 8 feet high.  Sign B: (2) 30 square feet, 11 feet high. Code 50 sf and 8 feet high  Sign C: (9) directional signs 14 sf, 11 feet high. Code 6 signs/lot, 6 sf each.  Sign D: (1) 470 square feet, 11.5 feet high. City Code 50 sf, 8 feet high.  Wall Sign: (2) 500 sf signs building 3, (1) 200 square foot sign building 4. City code 50 square feet on each wall of each building. 2. The easement areas shall be redefined to exclude the proposed sign locations. SITE West 62nd Street Shad y Oak Road City West Parkwa y ¯ Area Location Map - United Health Group 2013 Amendment Address: 11155 62nd Street West, South of 62nd Street West, North of City West Parkway and West of 212, Eden Prairie, MN 55344 0 875 1,75 0437.5 Feet City of Minnetonka £¤212 ")62 OP61 SITE 62nd Street Hwy #212City West Parkway Shady Oak Road St ream s Principal ArterialA Min or Arte rial B Min or ArterialMajor Collecto r Mino r Collecto r City of Eden Prairie Land Use GuidePlan Map 2000-2020 ¯ DISCLAIMER: The City of Eden Prairie does not warrant the accuracy nor the correctnessof the information contained in this map. It is your responsibility to verify the accuracyof this information. In no event w ill The City of Eden Prairie be liable for any damages,including loss of business, lost profits, business interruption, loss of business informationor other pecuniary loss that might arise from the use of this map or the information itcontains. Map information is believed to be accurate but accuracy is not guaranteed.Any errors or omissions should be reported to The City of Eden Prairie.M:\GIS\Users\Departments\CommDev\Themes\Shapes\Zoning and all other land use information\OfficialMaps\OfficialGuidePlan.mxd Map w as Updated/Created: April 18, 2008 DATE Revised 02-23-06 DATE Approved 03-19-03DATE Revised 01-07-05DATE Revised 11-07-05 DATE Revised 03-23-06DATE Revised 06-23-06 DATE Revised 12-06-06DATE Revised 03-01-07DATE Revised 06-01-07DATE Revised 10-01-07DATE Revised 03-01-08DATE Revised 03-01-09 Guide Plan MapUnited Health Group 2013 Amendment11155 62nd Street West, South of 62nd Street West, North of City West Parkway, West of Hwy #212 Eden Prairie, MN Rural Residential 0.10 Units/Acre Low Density Residential 0-2.5 Units/Acre Low Density/Public/Open Space Medium D ensity residential 2.5-10 Units/Acre Medium D ensity Residential/Office High Density Residential 10-40 Units/Acre Airport Office Office/Industrial Office/Public/Open Space Industrial Neighborhood Commercial Community Commercial Regional Commercial Town C enter Park/Open Space Public/Quasi-Public Golf Course Church/ Cemetary Open Water Right-Of-Way 740 0 740370 Feet Creekwood Park SITE 62nd Street West City West Parkway Hwy #212Shady Oak Road City of Minnetonka City of Eden Prairie Zoning Map In case of discrepency related to a zoning classification on this zoning map, the Ordinanceand attached legal description on file at Eden Prairie City C enter w ill prevail. ¯ Shoreland Management Classifications 100 - Year Floodplain Natural Environment WatersRecreational Development WatersGeneral Development Waters (Creeks Only)GD NE RD Up dated through approve d Ordin ances #26-2008 Ordinan ce #33 -2001 (BFI Additio n) approve d, but not shown on th is map edition Date: March 1, 2009 0 0.30.15 Miles DISCLAIMER: The City of Eden Prairie does not warrant the accuracy nor the correctnessof the information contained in this map. It is your responsibility to verify the accuracyof this information. In no event will The City of Eden Prairie be liable for any damages,including loss of business, lost profits, business interruption, loss of business informationor other pecuniary loss that might arise from the use of this map or the information itcontains. Map information is believed to be accurate but accuracy is not guaranteed.Any errors or omissions should be reported to T he City of Eden Prairie.M:\GIS\Users\Departments\CommDev\Themes\Shapes\Zoning and all other land use information\OfficialMaps\OfficialZoning.mxd Map was Updated/Created: June 11, 2008 Zoning Map United Health Group 2013 Amendment11155 62nd Street West,South of 62nd Street West, North of City West Parkway, West of Hwy #212,Eden Prairie, MN 55346 Rural R1-44 One Family- 44,000 sf. min. R1-22 One Family-22,000 sf min. R1-13.5 One Family-13,500 sf min. R1-9.5 One Family-9,500 sf min. RM-6.5 Multi-Family-6.7 U.P.A. max. RM-2.5 Multi-Family-17.4 U.P.A. max. Office Neighborhood C ommercial Community Commercial Highway Commercial Regional Service Commercial Regional Commercial TC -C TC -R TC -MU Industrial Park - 2 Acre Min, Industrial Park - 5 Acre Min. General Industrial - 5 Acre Min. Public Golf Course Water Right of Way Right of Way 62nd Street West Hwy #212 City West Parkway Shady Oak Road Aerial MapUnited Health Group 2013 Amendment11155 62nd Street West, South of 62nd Street Westnorth of City West Parkway and West of Hwy #212, Eden Prairie, MN 55347 ¯ 0 950 1,900475 Feet APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, SEPTEMBER 9, 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: Michael 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 Vice Chair Lechelt called the meeting to order at 7:00 p.m. Kirk, Stoltz and Wuttke were absent. II. APPROVAL OF AGENDA MOTION by Higgins, seconded by Frank, to approve the agenda. Motion carried 5-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON AUGUST 26, 2013 MOTION by Lee, seconded by Frank, to approve the minutes. Motion carried 4-0. Higgins abstained. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS A. UNITED HEALTH GROUP 2013 AMENDMENT by United Health Services, Inc. Location: 11155 62nd St W Request for: September 9, 2013 Page 2  Planned Unit Development Concept Review on 71 acres  Planned Unit Development District Review on 71 acres  Zoning District Amendment within the Office Zoning District on 71 acres  Preliminary Plat of 71 acres into 3 lots and 8 outlots Dave Petner, of United Health Group, presented the proposal. He stated 2 years ago they received approval for a plan for 1,481,700 square feet of office to be constructed in four phases. They are starting to break ground for phase 2 of this project and things have evolved for changes to the original PUD. Miles Lindberg showed a PowerPoint presentation of the project. He stated that they would like to re plat the land for mortgage purposes. The platting does require waivers from the City Code related to setbacks and floor area ratio. He pointed out these waivers are minor and they would not affect the approved plan. He stated they would like to break down Lot 1, Block 1 into two lots to allow flexibility for real estate management in the future. He stated they also have 4 lots they would like to consolidate into 1 lot to dedicate to the City for the future LRT. In regards to the landscape, they would like to move part of the requirement offsite to Shady Oak Road. Bill Blanski, of HGA Architects, addressed the signage for this project. He said they have the following sign amendments they are requesting: Sign A: (1) 104 square feet, 11 feet high free standing sign. Code is 50 square feet and 8 feet high. Sign B: (2) 30 square feet, 11 feet high free standing signs. Code is 50 square feet and 8 feet high. Sign C: (9) directional signs, each 14 square feet, 11 feet high. Code is 6 signs/lot, 6 square feet each, 6 feet high. Sign D: (1) 470 square feet, 11.5 feet high free standing sign. Code is 50 square feet and 8 feet high. Wall Sign: (2) 500 square feet signs on building 3, (1) 200 square foot sign on building 4. City Code is 50 square feet on each wall of each building. Vice Chair Lechelt asked Franzen to review the staff report. Franzen stated staff recommendation if for approval based on pages 2 and 3 of the staff report. Vice Chair Lechelt opened the meeting up for public input. There was no input. Motion by Frank, seconded by Lee, to close the public hearing. Motion carried 5-0. Motion by Frank, seconded by Higgins, to recommend approval of the Planned Unit Development Concept Review on 71 acres, Planned Unit Development District Review on 71 acres, Zoning District Amendment within the Office September 9, 2013 Page 3 Zoning District on 71 acres and Preliminary Plat of 71 acres into 3 lots and 8 outlots based on plans stamped dated September 4, 2013 and the staff report dated September 6, 2013. Motion carried 4-0. Lee abstained as he is an employee of United Health Group. VII. PLANNERS’ REPORT No report. VIII. MEMBERS’ REPORT A. CITIZEN ADVISORY COMMITTEE – LIGHT RAIL Lechelt stated there was not a Citizen Advisory Meeting, but the Board that heads up the Community Management Committee had a meeting. They made a motion to pass the first alignment along the area of Brunswick Bowl to be the first Town Center Station. The line will then head west to the South West Station towards Mitchell. They also talked about the Operations Facility location, if it should be in Hopkins or Eden Prairie. It would be more efficient in Hopkins but being a smaller community they would lose a larger amount of tax base. The next meeting will be September 11, 2013. IX. CONTINUING BUSINESS X. NEW BUSINESS XI. ADJOURNMENT MOTION by Frank, seconded by Higgins, to adjourn the meeting. Motion carried 5-0. There being no further business, the meeting was adjourned at 7:24 p.m. CITY COUNCIL AGENDA SECTION: Payment of Claims DATE: October 1, 2013 DEPARTMENT/DIVISION: Sue Kotchevar, Office of the City Manager/Finance ITEM DESCRIPTION: Payment of Claims ITEM NO.: X. Requested Action Move to: Approve the Payment of Claims as submitted (roll call vote) Synopsis Checks 228142 – 228400 Wire Transfers 1004875 – 1005005 Wire Transfers 4822 – 4834 4820 July Purchasing Card Report City of Eden Prairie Council Check Summary 10/1/2013 Division Amount Division Amount General 51,971 803 Escrow Fund 108,544 101 Legislative 577 807 Benefits Fund 670,929 102 Legal Counsel 41,669 811 Property Insurance 1,440 111 Customer Service 7,470 812 Fleet Internal Service 83,728 112 Human Resources 89 813 IT Internal Service 34,527 113 Communications 412 814 Facilities Capital ISF 220,525 114 Benefits & Training 1,770 815 Facilites Operating ISF 21,334 130 Assessing 354 816 Facilites City Center ISF 50,299 131 Finance 102 817 Facilites Comm. Center ISF 49,320 132 Housing and Community Services 6,509 Total Internal Service Funds 1,240,646 133 Planning 249 136 Public Safety Communications 10,679 137 Economic Development 177 Report Total 2,965,163 151 Park Maintenance 29,559 152 Parks Capital Outlay 364 153 Organized Athletics 3,132 154 Community Center 14,719 156 Youth Programs 10,809 157 Special Events 250 158 Senior Center 2,386 162 Arts 2,290 168 Arts Center 1,330 180 Police 12,693 184 Fire 46,447 186 Inspections 2,931 200 Engineering 422 201 Street Maintenance 546,871 202 Street Lighting 77,135 Total General Funds 873,367 301 CDBG 310 309 DWI Forfeiture 306 Total Special Revenue Funds 616 445 Cable PEG 7 Total Debt Service Funds 7 315 Economic Development 3,926 502 Park Development 3,107 512 CIP Trails 36,971 513 CIP Pavement Management 2,762 528 Shady Oak Rd-CR 61 North 1,742 529 Shady Oak Rd-CR 61 South 770 530 Pool Upgrade/Expansion 27,118 531 Eden Prairie Road 2,285 532 EP Road Connect Flying Cloud 3,302 Total Capital Project Funds 81,983 601 Prairie Village Liquor 147,425 602 Den Road Liquor 229,084 603 Prairie View Liquor 150,500 605 Den Road Building 1,206 701 Water Fund 191,698 702 Sewer Fund 33,218 703 Storm Drainage Fund 15,414 Total Enterprise Funds 768,545 City of Eden PrairieCouncil Check Register10/1/2013Check # Amount Vendor / Explanation Account Description Business Unit Explanation228145 530,487 ALLIED BLACKTOP CO Seal Coating Street Maintenance Seal Coating Streets, Trails, Parking Lots228316 307,330 HEALTHPARTNERS Medical/Dental Premiums Health and Benefits Medical\Dental Premium228292 214,367 COMMERCIAL REFRIGERATION SYSTE Building Facilities Capital Ice Rink Project4828 213,680 CERIDIAN State Taxes Withheld Health and Benefits Taxes Withheld1004940 185,132 XCEL ENERGY Electric City Hall - CAM Monthly Utility4823 154,881 MINNESOTA DEPT OF REVENUE Cash Over/Short General Fund Sales & Use Tax4831 135,137 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits PERA228182 105,925 GROOTWASSINK, ROBERT Deposits Escrow Release of "Cash in Lieu of Bond"-Grading Permit228197 49,169 JOHNSON BROTHERS LIQUOR CO Wine Imported Den Road Liquor Store1004965 44,801 GREGERSON ROSOW JOHNSON & NILA Legal Prairie Village Liquor Store228326 42,251 JOHNSON BROTHERS LIQUOR CO Liquor Prairie View Liquor Store228296 40,772 DAILEY DATA & ASSOCIATES Computers Prairie Village Liquor Store228214 36,485 MINNESOTA ASPHALT MAINTENANCE Improvement Contracts CIP Trails228353 36,276 MOELTER GRAIN INC Lime Residual Removal Water Treatment Plant1004926 28,965 THORPE DISTRIBUTING Beer Den Road Liquor Store228183 27,118 HAMMEL, GREEN AND ABRAHAMSON Design & Engineering Pool Upgrade/Expansion1005005 26,379 YOCUM OIL COMPANY INC Motor Fuels Fleet Operating4822 25,325 US BANK - CREDIT CARD MERCHANT Bank and Service Charges Finance228392 24,424 WIRTZ BEVERAGE MINNESOTA Liquor Den Road Liquor Store1004941 24,313 YOCUM OIL COMPANY INC Motor Fuels Fleet Operating228377 24,273 SOUTHERN WINE & SPIRITS OF MN Transportation Den Road Liquor Store228181 22,065 GRAYMONT Treatment Chemicals Water Treatment Plant1004990 20,995 ST CROIX ENVIRONMENTAL INC Design & Engineering Wellhead Protection Plan4830 20,709 ING Deferred Compensation General Fund228263 18,718 WIRTZ BEVERAGE MINNESOTA Liquor - Incentives Prairie Village Liquor Store228311 18,408 GRAYMONT Treatment Chemicals Water Treatment Plant1004994 16,476 THORPE DISTRIBUTING Beer Den Road Liquor Store1004945 15,591 ASPEN EQUIPMENT CO. Machinery & Equipment Sewer System Maintenance4829 15,309 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund228362 14,257 PHYSIO CONTROL INC EMS Supplies Fire228393 13,673 WIRTZ BEVERAGE MINNESOTA BEER Beer Den Road Liquor Store228241 13,419 SOUTHERN WINE & SPIRITS OF MN Transportation Den Road Liquor Store4833 13,402 LIFE INSURANCE COMPANY OF NORT Disability Ins Employers Health and Benefits228324 13,344 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie Village Liquor Store228195 13,331 JJ TAYLOR DISTRIBUTING MINNESO Beer Prairie View Liquor Store228148 12,730 ARENA SOLUTIONS INC Building Facilities Capital228264 12,015 WIRTZ BEVERAGE MINNESOTA BEER Beer Den Road Liquor Store228228 11,213 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store228361 10,829 PHILLIPS WINE AND SPIRITS INC Transportation Den Road Liquor Store1004889 10,139 DAY DISTRIBUTING Misc Taxable Prairie View Liquor Store228340 9,919 MAGNEY CONSTRUCTION INC Other Contracted Services Water Wells1004888 9,859 COMPAR INC Computers IT Operating228338 9,302 LEGACY GYMNASTICS Instructor Service Lesson Skills Development1004956 8,999 DAY DISTRIBUTING Beer Den Road Liquor Store228237 8,997 SHORT ELLIOTT HENDRICKSON INC Design & Engineering EP Rd Connect to Flying Cloud228258 7,863 TRAFFIC MARKING SERVICE INC Contracted Striping Traffic Signs1004882 7,791 BIFFS INC Waste Disposal Park Maintenance228239 7,435 SM HENTGES & SONS INC Improvement Contracts Sewer Capital228224 7,208 NORTH STAR PUMP SERVICE Equipment Repair & Maint Sewer Liftstation1004885 6,974 CERIDIAN Ceridian IT Operating1004903 6,954 JEFFERSON FIRE & SAFETY INC Protective Clothing Fire1004973 6,582 LUBRICATION TECHNOLOGIES INC Lubricants & Additives Fleet Operating Check # Amount Vendor / Explanation Account Description Business Unit Explanation228342 6,500 MCKINSTRY ESSENTION INC Design & Engineering Facilities Staff228240 6,250 SOUTHDALE YMCA YOUTH DEVELOPME Other Contracted Services Housing and Community Service1004958 5,990 ESS BROTHERS & SONS INC Repair & Maint. Supplies Sewer System Maintenance228259 5,865 UNIFORMS UNLIMITED Training Supplies Police228286 5,564 CELLEBRITE USA CORP Software IT Operating228279 5,508 ARSENAULT ASSOCIATES Software Maintenance IT Operating1004914 5,185 PAUL'S TWO-WAY RADIO Equipment Repair & Maint Public Safety Communications1005003 5,131 WM MUELLER AND SONS INC Patching Asphalt Street Maintenance1004897 5,060 HAWKINS INC Treatment Chemicals Water Treatment Plant1004948 4,998 BELLBOY CORPORATION Transportation Den Road Liquor Store1004876 4,980 ASPEN EQUIPMENT CO. Autos Park and Recreation1004902 4,751 HORIZON COMMERCIAL POOL SUPPLY Supplies - Pool Pool Maintenance228391 4,478 WINE MERCHANTS INC Transportation Den Road Liquor Store228152 4,222 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Operating228227 4,209 PAUSTIS & SONS COMPANY Transportation Prairie View Liquor Store1004944 3,964 A-SCAPE INC Contract Svcs - Lawn Maint. Den Bldg. - CAM228188 3,782 HIGH ROAD HEATING & COOLING CO Other Contracted Services Project Fund228325 3,646 JOHN DEERE LANDSCAPES/LESCO Repair & Maint. Supplies Park Maintenance1004982 3,488 PIONEER MANUFACTURING COMPANY Operating Supplies Park Maintenance228318 3,444 HOHENSTEINS INC Beer Prairie Village Liquor Store1004880 3,254 BELLBOY CORPORATION Transportation Prairie View Liquor Store228384 3,123 VERIZON WIRELESS Wireless Subscription IT Operating228218 3,090 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service1005002 3,004 WINE COMPANY, THE Transportation Den Road Liquor Store1004931 3,000 VAN PAPER COMPANY Cleaning Supplies Arts Center228231 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage Customer Service1004933 2,969 VTI Equipment Repair & Maint Public Safety Communications1004987 2,950 RIVERS EDGE CONCRETE Repair & Maint. Supplies Storm Drainage228219 2,793 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Lake228335 2,672 LANO EQUIPMENT INC Other Rentals Storm Drainage228269 2,619 MINNESOTA STATE FAIR Deposits Escrow228212 2,614 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie View Liquor Store228301 2,604 DPC INDUSTRIES INC Treatment Chemicals Water Treatment Plant228184 2,587 HD SUPPLY WATERWORKS LTD Capital Under $25,000 Capital Outlay Parks228381 2,539 STEVENS ENGINEERS Building Facilities Capital228258 2,500 TREE TRUST Other Contracted Services Staring Lake228307 2,415 FLEET MAINTENANCE INC Equipment Repair & Maint Fleet Operating228344 2,410 METRO TESTING Other Contracted Services Park Maintenance228187 2,409 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire228370 2,385 RGIS Other Contracted Services Prairie Village Liquor Store228262 2,374 WINE MERCHANTS INC Transportation Prairie View Liquor Store228310 2,337 GOODPOINTE TECHNOLOGY (C/O ZO Other Contracted Services Park Maintenance1004927 2,283 TOEWE, GLENN A. Operating Supplies Fire228270 2,163 MRPA Special Event Fees Softball228215 2,112 MINNESOTA CONWAY Operating Supplies Fire228149 2,072 ARTISAN BEER COMPANY Beer Prairie View Liquor Store228280 2,046 ARTISAN BEER COMPANY Beer Den Road Liquor Store228360 2,045 PAUSTIS & SONS COMPANY Transportation Prairie View Liquor Store228222 1,975 MPX GROUP, THE Printing Senior Center Admin228160 1,962 BUSINESS IMPACT GROUP Fire Prevention Supplies Fire228202 1,899 KENDELL DOORS & HARDWARE INC Contract Svcs - Security Ice Arena Maintenance228312 1,817 GYM WORKS Equipment Repair & Maint Fitness Center228266 1,816 YOUNGSTEDTS COLLISION CENTER Equipment Repair & Maint Fleet Operating228297 1,804 DALE GREEN COMPANY, THE Landscape Materials/Supp Park Acquisition & Development1004998 1,764 VOLT Other Contracted Services Storm Drainage1004976 1,716 MCQUAY INTERNATIONAL Contract Svcs - HVAC Garden Room Repairs Check # Amount Vendor / Explanation Account Description Business Unit Explanation228161 1,678 CARL BOLANDER & SONS Improvement Contracts Storm Drainage1004992 1,667 STONEBROOKE Machinery & Equipment Fire1004917 1,654 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical Outdoor Center Facilities1005000 1,646 WALL TRENDS INC Contract Svcs - General Bldg Fire Station #2228180 1,638 GRAPE BEGINNINGS Transportation Prairie Village Liquor Store228257 1,593 PRAIRIE EQUIPMENT COMPANY Small Tools Sewer System Maintenance1004968 1,580 KIDCREATE STUDIO Instructor Service Arts Center1004887 1,574 CLAREY'S SAFETY EQUIPMENT Equipment Repair & Maint Fire228157 1,563 BRIN NORTHWESTERN GLASS COMPAN Equipment Repair & Maint Utility Operations - General228185 1,514 HENNEPIN COUNTY ACCOUNTS RECEI Board of Prisoner Police1004932 1,456 VINOCOPIA Transportation Prairie View Liquor Store228205 1,448 LIONS TAP Operating Supplies Police228337 1,440 LEAGUE MN CITIES INS TRUST Insurance Property Insurance228349 1,435 MINNEAPOLIS COMM AND TECH COLL Training Supplies Fire1004979 1,388 NEW FRANCE WINE COMPANY Transportation Den Road Liquor Store228261 1,386 VOLT Other Contracted Services Storm Drainage1004930 1,377 USA MOBILITY WIRELESS INC Pager & Cell Phone IT Operating1004938 1,373 WORK CONNECTION, THE Other Contracted Services Park Maintenance228190 1,372 HOHENSTEINS INC Beer Den Road Liquor Store228273 1,369 ABSOLUTE RAIN INC. Contract Svcs - Lawn Maint. City Hall - CAM1004943 1,366 ADAMS PEST CONTROL INC Contract Svcs - Pest Control Historical Buildings1005004 1,308 WORK CONNECTION, THE Other Contracted Services Park Maintenance228284 1,307 BERNICK'S WINE Misc Non-Taxable Den Road Liquor Store228192 1,252 INSTRUMENT CONTROL SYSTEMS INC Equipment Repair & Maint Water Treatment Plant228177 1,250 FIRE SAFETY USA INC Protective Clothing Fire228144 1,236 ALEX AIR APPARATUS INC Clothing & Uniforms Fire1004963 1,190 GRAINGER Supplies - HVAC City Hall - CAM228378 1,179 SOUTHWEST SUBURBAN PUBLISHING- Advertising Art Crawl4824 1,165 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating228398 1,137 MIDWEST COCA COLA BOTTLING COM Merchandise for Resale Concessions1004915 1,096 PETERSON BROS ROOFING AND CONS Contract Svcs - Roof Arts Center1004921 1,095 RIVERS EDGE CONCRETE Signs Purgatory Creek Park1004934 1,092 WATSON CO INC, THE Merchandise for Resale Concessions228281 1,088 ASPEN MILLS Clothing & Uniforms Fire228275 1,061 AGGREGATE INDUSTRIES Asphalt Overlay Street Maintenance1004986 1,057 R & R SPECIALTIES OF WISCONSIN Contract Svcs - Ice Rink Ice Arena Maintenance228379 969 SPORTS WORLD USA INC Operating Supplies Softball228277 957 ANDERBERG INNOVATIVE PRINT SOL Printing Police228199 950 JOURNEYWELL Other Contracted Services Organizational Services228201 945 KEEPERS Clothing & Uniforms Fire228394 920 WL CONSTRUCTION SUPPLY LLC Equipment Parts Storm Drainage1004997 908 VINOCOPIA Transportation Den Road Liquor Store228369 907 RETROFIT COMPANIES, INC, THE Supplies - Electrical City Hall - CAM228363 893 PLANET SPIRIT Instructor Service Camps1004890 886 EMERGENCY APPARATUS MAINTENANC Equipment Repair & Maint Fire4827 884 CERIDIAN Garnishment Withheld General Fund1004936 877 WINE COMPANY, THE Transportation Den Road Liquor Store1004984 848 PROSOURCE SUPPLY Supplies - General Bldg Park Shelters1005001 847 WATSON CO INC, THE Merchandise for Resale Concessions1004886 821 CHEMSEARCH Supplies - HVAC City Hall - CAM228278 816 ANTENNA PLUS LLC Equipment Parts Fleet Operating228146 802 AMERIPRIDE LINEN & APPAREL SER Janitor Service Prairie View Liquor Store1004925 802 STONEBROOKE Small Tools Fire228203 799 KRISS PREMIUM PRODUCTS INC Supplies - HVAC Ice Arena Maintenance228220 799 MN DEPT OF TRANSPORTATION Testing - Soil Boring Shady Oak Rd-CR 61 North1004996 797 VAN PAPER COMPANY Cleaning Supplies Fitness/Conference - Cmty Ctr Check # Amount Vendor / Explanation Account Description Business Unit Explanation228306 796 EULL'S MANUFACTURING CO INC Repair & Maint. Supplies Storm Drainage228174 778 EDEN PRAIRIE MALL LLC Building Rental Police228308 760 FRED PRYOR SEMINARS Instructor Service Utility Operations - General228226 733 PAPCO INC Janitor Service Fitness/Conference - Cmty Ctr228194 696 J H LARSON COMPANY Supplies - Electrical Prairie View Liquor Store228355 690 NEW BRIGHTON FORD Equipment Parts Fleet Operating1004983 675 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical Pool Maintenance1004884 648 CDW GOVERNMENT INC. Other Hardware IT Operating228225 642 OXYGEN SERVICE COMPANY Operating Supplies Fire1004955 623 CONNEY SAFETY PRODUCTS Office Supplies Customer Service228196 618 JOHN DEERE LANDSCAPES/LESCO Repair & Maint. Supplies Park Maintenance1004969 615 KIDS TEAM TENNIS LLC Instructor Service Tennis228294 609 CRETEX SPECIALTY PRODUCTS Repair & Maint. Supplies Sewer System Maintenance228154 604 BERRY COFFEE COMPANY Merchandise for Resale Concessions1004896 590 GRAINGER Repair & Maint. Supplies Water Treatment Plant228158 581 BRUCE METAL WORKS INC Operating Supplies Traffic Signs1004959 563 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store228351 562 MINNESOTA RESTAURANT SERVICES Contract Svcs - Electrical Garden Room Repairs1004918 561 PREMIUM WATERS INC Operating Supplies Fire228380 560 STAPLES ADVANTAGE Office Supplies Organizational Services228388 556 WATER CONSERVATION SERVICES IN OCS-Leak Detection Water System Maintenance228186 552 HENNEPIN COUNTY I/T DEPT Equipment Repair & Maint Public Safety Communications228387 545 WARNING LITES Seal Coating Street Maintenance228293 531 CRETEX CONCRETE PRODUCTS MIDWE Repair & Maint. Supplies Storm Drainage228352 527 MINNESOTA WANNER COMPANY Equipment Repair & Maint Park Maintenance4834 527 LIFE INSURANCE COMPANY OF NORT Other Contracted Services Health and Benefits228368 525 PRISMA LLC Tuition Reimbursement/School Fire228257 518 TRANSPORT GRAPHICS Repair & Maint. Supplies Fire228320 518 INDEPENDENT EMERGENCY SERVICES Equipment Repair & Maint Public Safety Communications228373 514 SHAMROCK GROUP, INC - ACE ICE Transportation Prairie View Liquor Store228274 500 ACROSS THE STREET PRODUCTIONS Tuition Reimbursement/School Fire1004981 489 PAUL'S TWO-WAY RADIO Equipment Repair & Maint Public Safety Communications228236 478 SHAMROCK GROUP, INC - ACE ICE Transportation Prairie View Liquor Store1004949 467 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations - General4826 460 GENESIS EMPLOYEE BENEFITS, INC Other Deductions Health and Benefits228249 458 TRAFFIC CONTROL CORPORATION Equipment Repair & Maint Traffic Signals1004937 454 WM MUELLER AND SONS INC Landscape Materials/Supp Park Maintenance228341 450 MATTS AUTO SERVICE INC Training Supplies Fire1004964 439 GREATAMERICA FINANCIAL SVCS Postage Customer Service1004877 430 ASPEN WASTE SYSTEMS INC. Waste Disposal Utility Operations - General1004908 428 METRO SALES INCORPORATED* Office Supplies Prairie View Liquor Store1004999 424 VTI Equipment Repair & Maint Public Safety Communications228213 415 MIES OUTLAND INC Small Tools Fire228350 400 MINNESOTA DEPT OF LABOR AND IN Building Repair & Maint. Water Treatment Plant228142 390 3CMA Dues & Subscriptions Communications1004935 378 WICKSTROM, SHERRY BUTCHER Travel Expense City Council228309 376 GE CAPITAL Other Rentals IT Operating228265 375 WITTHUHN, KIM Deposits-P&R Refunds Community Center Admin228399 365 MN FALL MAINTENANCE EXPO Conference/Training Engineering228383 364 US HEALTH WORKS MEDICAL GRP MN Health & Fitness Fire228365 359 PRAIRIE RESTORATIONS INC Other Contracted Services Storm Drainage228345 350 MICHAEL, PAM Deposits-P&R Refunds Community Center Admin228193 349 J A G FITNESS SERVICES LLC Equipment Repair & Maint Fitness Center228156 349 BOURGET IMPORTS Transportation Prairie Village Liquor Store228331 342 KEEPERS Clothing & Uniforms Police1004907 332 MENARDS Repair & Maint. Supplies Utility Operations - General Check # Amount Vendor / Explanation Account Description Business Unit Explanation1004906 331 LUBRICATION TECHNOLOGIES INC Lubricants & Additives Fleet Operating228375 329 SIGNSOURCE Contract Svcs - General Bldg Park Shelters228243 325 ST PAUL POLICE DEPARTMENT-PDI Tuition Reimbursement/School Police1004878 319 BANK BEER CO Beer Prairie View Liquor Store228208 317 MADDEN'S ON GULL LAKE Tuition Reimbursement/School Police228210 314 MATSON, TOM Small Tools Fleet Operating1004895 311 GOODIN COMPANY Capital Under $25,000 Capital Outlay Parks228163 304 CENTURYLINK Telephone IT Telephone228357 301 NORTHERN AIR CORPORATION Contract Svcs - HVAC Fitness/Conference - Cmty Ctr228143 300 A-1 STRIPES INC Equipment Repair & Maint Fleet Operating228285 300 BROWN + ASSOCIATES Operating Supplies Storm Drainage228374 300 SIGNSOURCE Operating Supplies Community Center Admin228298 290 DAVIS, TRACY Deposits-P&R Refunds Community Center Admin228283 289 BARTLEY SALES COMPANY INC Supplies - General Bldg Fitness/Conference - Cmty Ctr228260 285 UNIVERSITY OF MINNESOTA Tuition Reimbursement/School DWI Forfeiture228230 281 PINNACLE DISTRIBUTING Misc Taxable Den Road Liquor Store1004962 275 FORKLIFTS OF MINNESOTA INC Equipment Repair & Maint Utility Operations - General228147 273 ANDERBERG INNOVATIVE PRINT SOL Printing Police228291 270 COMMERCIAL DOOR SYSTEMS INC Equipment Repair & Maint Water Treatment Plant228382 251 TURCO CONSTRUCTION Cash Over/Short General Fund228322 242 J H LARSON COMPANY Building Repair & Maint. Riley Lake228198 241 JOHNSON, J.L. Deposits-P&R Refunds Community Center Admin228173 234 DNR Clothing & Uniforms Theatre Initiative228235 233 PUBLIC SAFETY PRINTING SERVICE Canine Supplies Police1004909 231 MINNESOTA ATHLETIC APPAREL Clothing & Uniforms Fire1004977 230 MENARDS Building Materials Street Maintenance1004953 230 CLARK, RICK Mileage & Parking Facilities Staff228317 228 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning228171 225 CWH RESEARCH INC. Employment Support Test Organizational Services1004972 221 LOFFLER COMPANIES INC Hardware Maintenance IT Operating1004946 219 BANK BEER CO Beer Prairie Village Liquor Store228178 217 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police1004960 217 FASTENAL COMPANY Operating Supplies Park Maintenance228221 214 MONTAGE ENTERPRISES INC Landscape Materials/Supp Street Maintenance228167 212 COMCAST Operating Supplies Fire228289 212 COMCAST Operating Supplies Fire228290 211 COMCAST Wireless Subscription IT Operating1004923 203 SCHULTZ, TERRY Mileage & Parking Ice Arena Maintenance228302 203 EARL F ANDERSEN INC Signs Traffic Signs228234 203 PRAIRIE RESTORATIONS INC Other Contracted Services Storm Drainage4832 200 GENESIS EMPLOYEE BENEFITS, INC HRA Health and Benefits228207 200 MACPZA FALL CONFERENCE REGISTR Tuition Reimbursement/School Police228390 200 WINDOW CONCEPTS OF MINNESOTA I Peddlers License General Fund1004929 199 TYRA-LUKENS, NANCY Mileage & Parking City Council228339 198 LEIFELD FRAMING Operating Supplies Police1004957 198 DE LAGE LANDEN FINANCIAL SERVI Other Rentals IT Operating228272 196 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs4825 194 OPTUM HEALTH Other Contracted Services Health and Benefits1004954 193 COMEANS, MICHAEL Mileage & Parking Water Treatment Plant1004974 193 LUNDBERG, RONALD Mileage & Parking Water Treatment Plant1004975 192 LYNDALE PLANT SERVICES Contract Svcs - Int. Landscape City Center Operations1004899 190 HD SUPPLY FACILITIES MAINTENAN Contract Svcs - HVAC City Hall - CAM228400 190 TCALMC Conference/Training Fleet Operating1004978 190 METROPOLITAN FORD Equipment Repair & Maint Fleet Operating1004881 188 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations - General1004971 177 LINDAHL, DAVID Travel Expense Economic Development Check # Amount Vendor / Explanation Account Description Business Unit Explanation228343 175 METRO CISM TEAM Tuition Reimbursement/School Fire1004900 174 HIRSHFIELD'S Repair & Maint. Supplies Water Treatment Plant228165 170 COMCAST Operating Supplies Fire228288 170 COMCAST Operating Supplies Fire228170 164 CUB FOODS EDEN PRAIRIE Operating Supplies Fire228150 164 ASPEN MILLS Clothing & Uniforms Fire228396 164 COMCAST Operating Supplies Fire228397 164 COMCAST Operating Supplies Fire228166 161 COMCAST Operating Supplies Fire228287 161 COMCAST Operating Supplies Fire228200 160 KAISER, DAVID S Other Contracted Services Ice Rink #1228276 160 AMERIPRIDE LINEN & APPAREL SER Janitor Service Prairie Village Liquor Store1004951 159 CDW GOVERNMENT INC. Computers IT Operating228204 157 LIGHTNING PRINTING INC Printing Theatre Initiative228172 150 DAKOTA COUNTY TECHNICAL COLLEG Tuition Reimbursement/School Fire228299 147 DELEGARD TOOL CO Equipment Parts Fleet Operating228395 143 ZENKER, BERNARDA Deposits-P&R Refunds Community Center Admin1004875 141 A TO Z RENTAL CENTER Equipment Parts Fleet Operating1004991 140 STEIN, MIKE Operating Supplies Fire1004919 138 QUALITY PROPANE Motor Fuels Ice Arena Maintenance1004905 135 LEROY JOB TRUCKING INC Other Contracted Services Animal Control228386 132 VOLUNTEER FIREFIGHTERS BENEFIT Dues & Subscriptions Fire228315 131 HD SUPPLY WATERWORKS LTD Repair & Maint. Supplies Park Maintenance1004916 131 POMP'S TIRE SERVICE INC Equipment Repair & Maint Fleet Operating1004942 130 ZIEGLER INC Equipment Parts Storm Drainage1004922 129 SCHMIDT, COLIN Travel Expense Assessing1004924 129 SINELL, STEVE Travel Expense Assessing1004967 128 INDUSTRIAL FLOOR MAINTENANCE I Equipment Parts Fleet Operating1004892 128 FACTORY MOTOR PARTS COMPANY Equipment Parts Fleet Operating1004952 126 CLAREY'S SAFETY EQUIPMENT Office Supplies Customer Service228321 125 ISFSI Dues & Subscriptions Fire1004961 124 FEDEX Postage Human Resources228189 123 HIGHWAY 5 BP Operating Supplies Fire228346 121 MICRO CENTER A/R Other Hardware IT Operating228242 120 SQUARE CUT Instructor Service Senior Center Programs228327 120 KAISER, DAVID S Repair & Maint - Ice Rink Ice Arena Maintenance228216 120 MINNESOTA COUNTY ATTORNEYS ASS Printing Police1004985 118 QUALITY PROPANE Motor Fuels Ice Arena Maintenance228244 117 STAPLES ADVANTAGE Office Supplies Customer Service228248 115 TLO LLC Other Contracted Services Police1004950 114 BOYER TRUCKS Equipment Parts Fleet Operating228319 105 HURSEY III, ROBERT J Other Contracted Services Theatre Initiative228367 105 PRICE, LINDA E Other Contracted Services Theatre Initiative228376 105 SKATES, SINA LUCIA Other Contracted Services Theatre Initiative228385 105 VIOLETTE, CAITLYN SHEA Other Contracted Services Theatre Initiative1004911 104 MPX GROUP, THE Printing Fire228179 104 G & K SERVICES-MPLS INDUSTRIAL Other Contracted Services Park Maintenance228300 102 DIRECTV Cable TV Community Center Admin228206 100 MACIA Tuition Reimbursement/School Police228313 100 HARRIS, JOAN Refunds Environmental Education228314 100 HAYEN, LINDA Other Contracted Services Theatre Initiative228329 100 KANSAL, APARNA Refunds Environmental Education228330 100 KAUNE, JENNIFER Other Contracted Services Theatre Initiative228332 100 KOSMAS, PETER Refunds Environmental Education1004883 97 BUSINESS JOURNAL, THE Dues & Subscriptions Assessing1004970 92 KUFFEL, RYAN Conference/Training Police Check # Amount Vendor / Explanation Account Description Business Unit Explanation228372 87 SCHELER, ELIZABETH Deposits-P&R Refunds Community Center Admin1004989 83 SHRED-IT USA MINNEAPOLIS Waste Disposal City Center Operations228282 81 AT&T MOBILITY Pager & Cell Phone Water System Maintenance228354 80 MPX GROUP, THE Printing Police1004928 80 TWIN CITY SEED CO Asphalt Overlay Street Maintenance1004947 80 BATTERIES PLUS Supplies - Electrical City Hall - CAM228217 80 MINNESOTA HISTORICAL SOCIETY Special Event Fees Trips228268 80 EKLOF DOCKS Equipment Repair & Maint Park Maintenance228271 80 SAVAGE POLICE DEPT/CHURCH SAFE Tuition Reimbursement/School Police228323 78 JING, QIAN AR Utility Water Enterprise Fund1004901 78 HOLMGREN, GRETCHEN Mileage & Parking Prairie Village Liquor Store228371 77 RIONS, NANCY Deposits-P&R Refunds Community Center Admin1004893 76 FASTENAL COMPANY Equipment Parts Fleet Operating228162 75 CENTER FOR SOMALIA HISTORY STU Tuition Reimbursement/School Police1004980 74 NUCO2 INC Supplies - Pool Pool Maintenance1004904 74 KRUEGER, MARK Clothing & Uniforms Reserves1004910 66 MODLIN, KRISTI Mileage & Parking IT Operating1004891 61 EXTREME BEVERAGE Misc Taxable Prairie Village Liquor Store1004913 61 O'REILLY AUTOMOTIVE INC Equipment Parts Fleet Operating228328 60 KANIKANTI, RAVI Deposits-P&R Refunds Community Center Admin1004995 60 TRI COUNTY BEVERAGE & SUPPLY Misc Non-Taxable Prairie View Liquor Store1004988 57 SCHULZE, CARTER Mileage & Parking Engineering228159 54 BTR OF MINNESOTA Equipment Parts Fleet Operating228304 53 EDEN PRAIRIE WINLECTRIC Operating Supplies Street Maintenance1004912 52 MTI DISTRIBUTING INC Equipment Parts Fleet Operating228305 51 ENVIRONMENTAL EQUIPMENT & SERV Equipment Parts Fleet Operating228336 50 LAYNE, BENJAMIN Other Contracted Services Theatre Initiative228348 50 MINH, VANDY Refunds Environmental Education228356 50 NONES, ABIGAIL Other Contracted Services Theatre Initiative228389 50 WHITE, AARON Deposits-P&R Refunds Community Center Admin228359 49 OPHOVEN SAW SERVICE Equipment Repair & Maint Park Maintenance228347 49 MIKELSON, LORINNE Refunds Environmental Education228366 49 PREAM, PAUL Refunds Environmental Education1004939 48 WYDEVEN, ROSS Mileage & Parking Tree Disease228358 42 OLSEN COMPANIES Small Tools Sewer System Maintenance228191 41 IFFERT, RENEE Deposits-P&R Refunds Community Center Admin228164 40 CLAUS,ROBERT Deposits-P&R Refunds Community Center Admin228247 40 TITAN MACHINERY Equipment Parts Fleet Operating1004966 37 HD SUPPLY FACILITIES MAINTENAN Supplies - General Bldg City Hall - CAM228168 35 COMCAST Operating Supplies Fire228295 34 CUB FOODS EDEN PRAIRIE Employee Award Organizational Services1004894 33 GINA MARIAS INC Operating Supplies Fire228223 32 NATAL, STACY Deposits-P&R Refunds Community Center Admin228333 31 KRAEMERS HARDWARE INC Supplies-General Dunn Brothers228303 28 EDEN PRAIRIE COMMUNITY CENTER Cash Over/Short Community Center Admin228233 23 PRAIRIE LAWN AND GARDEN Equipment Parts Fleet Operating1004920 22 QUICKSILVER EXPRESS COURIER Other Contracted Services Communications228153 22 BCA Miscellaneous IT Operating228364 21 PRAIRIE LAWN AND GARDEN Equipment Repair & Maint Park Maintenance1004879 21 BATTERIES PLUS Equipment Repair & Maint Heritage Preservation228245 21 STATE OF MINNESOTA Miscellaneous DWI Forfeiture228151 20 BAJDA, JOSEPH Deposits Community Center Admin228155 20 BISCHOFF, CARLOTTA Deposits Community Center Admin228176 20 FEIST, LORETTA Deposits Community Center Admin228211 20 MCKAY, MAGGIE Deposits Community Center Admin228229 20 PHUTANE, ADITYA SAI Deposits Community Center Admin Check # Amount Vendor / Explanation Account Description Business Unit Explanation228238 20 SIPE, PARKER Deposits Community Center Admin1004898 20 HAYDEN, DOUGLAS E Tuition Reimbursement/School Fire228209 15 MASS Dues & Subscriptions Senior Center Admin1004993 15 STREICHERS Clothing & Uniforms Police228175 13 EDEN PRAIRIE WINLECTRIC Other Contracted Services Street Lighting228246 13 SUBURBAN CHEVROLET Equipment Parts Fleet Operating228334 9 LALONDE, GAIL Deposits-P&R Refunds Community Center Admin228169 5 COMCAST Operating Supplies Fire2,965,163 Grand Total City of Eden PrairiePurchasing Card Payment ReportJuly PurchasesAmount Explanation Vendor Account Description Business Unit20 US-ball fields MENARDS Operating Supplies Park Maintenance81 US-ball fields MENARDS Operating Supplies Park Maintenance14 US-ball fields STERLING FENCE INC Repair & Maint. Supplies Park Maintenance15 US-ball fields MENARDS Operating Supplies Park Maintenance-1,524 US-fraud refund US BANK Deposits Escrow-207 US-fraud refund US BANK Deposits Escrow-1,760 US-fraud refund US BANK Deposits Escrow25 US-DOT inspection decals MINNESOTA STATE PATROL Equipment Parts Fleet Operating3 US-window knob AC NELSEN RV WORLD Equipment Parts Fleet Operating60 US-ipad holder #501 NATIONAL PRODUCTS INC Equipment Parts Fleet Operating87 US-café food HOCKENBERGS Merchandise for Resale Concessions45 US-café food HOCKENBERGS Merchandise for Resale Concessions205 US-café food WALMART COMMUNITY Merchandise for Resale Concessions143 US-café food WALMART COMMUNITY Merchandise for Resale Concessions50 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions62 US-tickets PLYMOUTH PLAYHOUSE Special Event Fees Trips564 US-biking t shirts EMBROIDME Other Contracted Services Senior Center Programs58 US-supplies/dvd player WALMART COMMUNITY Office Supplies Senior Center Admin328 US-Sr ctr sign FASTSIGNS Operating Supplies Senior Center Admin90 US-trip meal GREEN MILL Special Event Fees Trips9 US-bbq WALMART COMMUNITY Special Event Fees Senior Center Programs37 US-BBQ tablecloth PARTY CITY Special Event Fees Senior Board182 US-bbq deserrt CULVER'S Special Event Fees Senior Center Programs813 US-bbq meal ANNIE'S CAFE Special Event Fees Senior Center Programs105 US-coffee COFFEE WHOLESALE Operating Supplies Senior Center Admin-52 US-return seat cover MILLS FLEET FARM Repair & Maint. Supplies Sewer System Maintenance155 US-tools MENARDS Small Tools Water Treatment Plant36 US-supplies MENARDS Repair & Maint. Supplies Water System Maintenance13 US-lettering for wells MENARDS Repair & Maint. Supplies Water Wells8 US-probe cleaning WALMART COMMUNITY Cleaning Supplies Water Treatment Plant49 US-miller park elec MENARDS Repair & Maint. Supplies Park Maintenance36 US-purgatory park MENARDS Operating Supplies Park Maintenance29 US-license fee DEPT OF LABOR & INDUSTRY Licenses, Permits, Taxes, Fees Park Maintenance29 US-license fee DEPT OF LABOR & INDUSTRY Licenses, Permits, Taxes, Fees Park Maintenance70 US-miller irr SCHU/MARKETING ASSOC INC Repair & Maint. Supplies Park Maintenance15 US-snacks for MNSTAC mtg RAINBOW FOODS INC. Operating Supplies Tree Disease-63 US-return merchandise BEN MEADOWS Operating Supplies Tree Disease39 US-hose testing CHIPOTLE Operating Supplies Fire119 US-sympathy basket BACHMANS CREDIT DEPT Operating Supplies Fire13 US-police crank DYERS RV SUPPLY Equipment Parts Fleet Operating51 US-café food WALMART COMMUNITY Merchandise for Resale Concessions25 US-café food RAINBOW FOODS INC. Merchandise for Resale Concessions9 US-café supplies MENARDS Operating Supplies Concessions1 US-café supplies WALMART COMMUNITY Operating Supplies Concessions58 US-café food WALMART COMMUNITY Merchandise for Resale Concessions32 US-café supplies CONTAINER STORE Operating Supplies Concessions4 US-café food WALMART COMMUNITY Merchandise for Resale Concessions Amount Explanation Vendor Account Description Business Unit33 US-café food RAINBOW FOODS INC. Merchandise for Resale Concessions260 US-Café US FOOD CULINARY EQUIPMENT & S Merchandise for Resale Concessions14 US-café food RAINBOW FOODS INC. Merchandise for Resale Concessions31 US-café food WALMART COMMUNITY Merchandise for Resale Concessions280 US-Café PAYPAL INC Merchandise for Resale Concessions31 US-café supplies FRATTALLONE'S/MINNETONKA ACE Operating Supplies Concessions71 US-café supplies FRATTALLONE'S/MINNETONKA ACE Operating Supplies Concessions14 US-café food RAINBOW FOODS INC. Merchandise for Resale Concessions34 US-café food WALMART COMMUNITY Merchandise for Resale Concessions13 US-café food WALMART COMMUNITY Merchandise for Resale Concessions26 US-café supplies FRATTALLONE'S/MINNETONKA ACE Operating Supplies Concessions12 US-café food RAINBOW FOODS INC. Merchandise for Resale Concessions105 US-café food WALMART COMMUNITY Merchandise for Resale Concessions832 US-café signage AMERICAN FLAGPOLE AND FLAG CO Operating Supplies Concessions19 US-training supplies PDQ DELI MART Training Supplies Utility Operations - General15 US-batteries MENARDS Repair & Maint. Supplies Water Treatment Plant18 US-sharepoint/lync online MICROSOFT CORPORATE Software IT Operating58 US-system support PODIO INC Software IT Operating25 US-digital gov't summit 2013 E REPUBLIC INC Conference/Training IT Operating32 US-food CUB FOODS EDEN PRAIRIE Miscellaneous IT Operating51 US-supplies OFFICE DEPOT CREDIT PLAN Office Supplies IT Operating97 US-food PANERA BREAD Miscellaneous IT Operating51 US-ipad mini BEST BUY Miscellaneous IT Operating390 US-dues/subscription APA STREAMING PRODUCTS Dues & Subscriptions Planning700 US-conf ICMA Conference/Training Administration11 US-event music APPLE.COM Operating Supplies Community Center Admin9 US-event music APPLE.COM Operating Supplies Community Center Admin165 US-computer forensics MICRO CENTER A/R Miscellaneous IT Operating-27 US-return forensics supplies MICRO CENTER A/R Miscellaneous IT Operating269 US-forensics supplies MICRO CENTER A/R Miscellaneous IT Operating-253 US-return forensics supplies MICRO CENTER A/R Miscellaneous IT Operating22 US-baseline irrigation UPS STORE, THE Operating Supplies Park Maintenance14 US-baseline UPS STORE, THE Operating Supplies Park Maintenance20 US-baseline UPS STORE, THE Operating Supplies Park Maintenance37 US-railing at smetana MENARDS Repair & Maint. Supplies Park Maintenance76 US-nature trail MENARDS Operating Supplies Park Maintenance16 US-Beer event/health dpt app HENNEPIN COUNTY TREASURER Advertising Prairie Village Liquor Store16 US-Beer event/health dpt app HENNEPIN COUNTY TREASURER Advertising Den Road Liquor Store16 US-Beer event/health dpt app HENNEPIN COUNTY TREASURER Advertising Prairie View Liquor Store1 US-beer event MICHAELS - THE ARTS & CRAFTS S Advertising Den Road Liquor Store71 US-ink OFFICE DEPOT CREDIT PLAN Office Supplies Den Road Liquor Store14 US-switches TARGET Janitor Service Den Road Liquor Store360 US-membership/dues NRPA Dues & Subscriptions Parks Administration24 US-spray for playgrounds MENARDS Operating Supplies Park Maintenance7 US-lunch meeting SUBWAY Conference/Training Community Development Admin.31 US-Supplies OFFICEMAX CREDIT PLAN Operating Supplies Fitness Classes61 US-hose fittings-disc golf MENARDS Operating Supplies Park Maintenance135 US-supplies for mowing crew HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance7 US-stamp pad OFFICEMAX CREDIT PLAN Operating Supplies Community Center Admin16 US-new hire gift WALMART COMMUNITY Employee Award Organizational Services85 US-box lunch-interviews DAVANNI'S PIZZA Training Supplies Organizational Services Amount Explanation Vendor Account Description Business Unit665 US-hr laptop MICRO CENTER A/R Training Supplies Organizational Services3 US-A Feidt going away RAINBOW FOODS INC. Employee Award Organizational Services10 US-fleet supervisor NATIONAL STUDENT CLEARINGHOUSE Other Contracted Services Organizational Services44 US-lunch meeting RUBY TUESDAY Operating Supplies Fire68 US-supplies MENARDS Small Tools Fire161 US-mapping software GANDER MOUNTAIN Operating Supplies Fire710 US-conf jeremy Hoehn MINNESOTA STATE FIRE CHIEFS AS Conference/Training Fire36 US-office supplies OFFICE DEPOT CREDIT PLAN Operating Supplies Housing and Community Service26 US-LISC meeting CARIBOU COFFEE Operating Supplies Housing and Community Service30 US-July meeting GOVERNMENT FINANCE OFFICERS AS Conference/Training Finance4,829 US-June2013 Bldg Surchgs DEPT OF LABOR & INDUSTRY Building Surcharge General Fund1,315 US-June2013 Bldg Surchgs DEPT OF LABOR & INDUSTRY Mechanical Surcharge General Fund651 US-June2013 Bldg Surchgs DEPT OF LABOR & INDUSTRY Plumbing Surcharge General Fund-136 US-June2013 Bldg Surchgs DEPT OF LABOR & INDUSTRY Other Revenue General Fund225 US-T wilson-GFOA conf GOVERNMENT FINANCE OFFICERS AS Conference/Training Finance225 US-app fee GOVERNMENT FINANCE OFFICERS AS Awards Finance36 US-UB online processing PAYPAL INC Bank and Service Charges Utility Operations - General40 US-UB recurring CC PAYPAL INC Bank and Service Charges Utility Operations - General20 US-epermit web security PAYPAL INC Equipment Repair & Maint IT Operating34 US-café supplies KRAEMERS HARDWARE INC Operating Supplies Concessions13 US-café supplies MERLINS ACE HARDWARE Merchandise for Resale Concessions41 US-EPCC event AUDIO LOGIS Operating Supplies Community Center Admin28 US-café food BRUEGGERS BAGEL Merchandise for Resale Concessions1,593 US-café supplies US FOOD CULINARY EQUIPMENT & S Capital Under $25,000 Concessions12 US-supplies FASTENAL COMPANY Repair & Maint. Supplies Storm Drainage18 US-Beer tasting event TA TICKETING Operating Supplies Prairie Village Liquor Store18 US-Beer tasting event TA TICKETING Operating Supplies Den Road Liquor Store18 US-Beer tasting event TA TICKETING Operating Supplies Prairie View Liquor Store165 US-pesticide recert PAYPAL INC Conference/Training Engineering325 US-AWWA conf PAYPAL INC Conference/Training Water Treatment Plant30 US-tools MENARDS Small Tools Water Treatment Plant117 US-painting supplies MENARDS Repair & Maint. Supplies Water Treatment Plant29 US-painting supplies MENARDS Repair & Maint. Supplies Water Treatment Plant495 US-tyra lukens conf registrati NATIONAL LEAGUE OF CITIES Conference/Training City Council123 US-lunch meeting CRUMB GOURMET DELI Miscellaneous Administration220 US-B Johnson retirement gift HALLMARK INSIGHTS Employee Award Organizational Services248 US-council workshop food PANERA BREAD Miscellaneous City Council75 US-Sunshine-Agness BACHMANS CREDIT DEPT Deposits Escrow165 US- Olsen reitrement gift HALLMARK INSIGHTS Employee Award Organizational Services79 US-W Parker sunshine fund BACHMANS CREDIT DEPT Deposits Escrow21 US-lesson supplies KOWALSKI'S MARKET Miscellaneous Pool Lessons7 US-lessons KOWALSKI'S MARKET Miscellaneous Pool Lessons5 US-ice WALGREEN'S #5080 Operating Supplies Riley Lake Beach280 US-red cross fees AMERICAN RED CROSS Licenses, Permits, Taxes, Fees Pool Lessons132 US-office supplies OFFICEMAX CREDIT PLAN Operating Supplies Aquatics & Fitness Admin57 US-lesson fees AMERICAN RED CROSS Licenses, Permits, Taxes, Fees Oak Point Lessons48 US-grease gun NAPA AUTO PARTS Repair & Maint. Supplies Sewer System Maintenance360 US-plywood HOME DEPOT CREDIT SERVICES Repair & Maint. Supplies Storm Drainage17 US-supplies MENARDS Repair & Maint. Supplies Storm Drainage4 US-paint for hooks MENARDS Repair & Maint. Supplies Storm Drainage398 US-sealant I & I POWER DYNAMIC GASKET Repair & Maint. Supplies Sewer System Maintenance Amount Explanation Vendor Account Description Business Unit16 US-grease gun NAPA AUTO PARTS Small Tools Sewer System Maintenance12 US-carbon steel brush I & I MENARDS Small Tools Sewer System Maintenance13 US-hose NAPA AUTO PARTS Repair & Maint. Supplies Sewer System Maintenance429 US-camera GANDER MOUNTAIN Repair & Maint. Supplies Storm Drainage34 US-supplies HOME DEPOT CREDIT SERVICES Small Tools Sewer System Maintenance22 US-supplies MENARDS Repair & Maint. Supplies Sewer System Maintenance9 US-meeting JJ'S COFFEE COMPANY & WINE BAR Miscellaneous Recreation Admin64 US-memory cards for events WALGREEN'S #5080 Operating Supplies Recreation Admin150 US-life jacket GANDER MOUNTAIN Small Tools Fire16 US-st cloud search CULVER'S Operating Supplies Fire8 US-acrobat training STANDARD PARKING Mileage & Parking City Clerk20 US-Saturday lunch CHIPOTLE Repair & Maint. Supplies Storm Drainage11 US-supplies MENARDS Repair & Maint. Supplies Storm Drainage23 US-marking wand MENARDS Repair & Maint. Supplies Storm Drainage31 US-supplies MENARDS Repair & Maint. Supplies Storm Drainage226 US-café vending SPORTS WORLD USA INC Merchandise for Resale Concessions96 US-supplies MENARDS Operating Supplies Park Maintenance49 US-supplies MENARDS Operating Supplies Park Maintenance144 US-2013-18236 ERBERT & GERBERT'S Operating Supplies Police14 US-reserve calendar CALENDAR WIZ Operating Supplies Reserves7 US-overlay signs HOME DEPOT CREDIT SERVICES Operating Supplies Street Maintenance45 US-sod HOME DEPOT CREDIT SERVICES Operating Supplies Street Maintenance27 US-trng supplies MILLS FLEET FARM Training Supplies Fire720 US-training PAYPAL INC Conference/Training Facilities Staff178 US-meals RUTTGER'S SUGAR LAKE LODGE Conference/Training Facilities Staff1,108 US-loding RUTTGER'S SUGAR LAKE LODGE Conference/Training Facilities Staff53 US-riverview storm repair LITTLE CAESARS Repair & Maint. Supplies Water System Maintenance59 US-straw bales WACONIA FARM SUPPLY Repair & Maint. Supplies Storm Drainage55 US-drawing supplies-art camp BLICK ART MATERIALS Operating Supplies Arts Center3 US-paper plates-group outing PDQ FOOD STORES INC Operating Supplies Arts Center180 US-summer camp supplies CONTINENTAL CLAY COMPANY Operating Supplies Arts Center258 US-speaker repair AMAZON.COM Operating Supplies Staring Lake Concert120 US-gas-bead class HOME DEPOT CREDIT SERVICES Operating Supplies Arts Center5 US-movie in the park project-p RAINBOW FOODS INC. Operating Supplies Arts Center16 US-mapp gas-bead class MENARDS Operating Supplies Arts Center70 US-mapp gas-bead class HOME DEPOT CREDIT SERVICES Operating Supplies Arts Center19 US-comic book camp-markers MICHAELS - THE ARTS & CRAFTS S Operating Supplies Arts Center31 US-splash time prizes WALGREEN'S #5080 Operating Supplies Special Initiatives39 US-ballons for splash time PARTY CITY Operating Supplies Special Initiatives38 US-grill at street shop HOME DEPOT CREDIT SERVICES Operating Supplies Street Maintenance53 US-critter food PETCO Operating Supplies Outdoor Center22 US-outdoor ctr OFFICEMAX CREDIT PLAN Operating Supplies Outdoor Center65 US-outdoor ctr PETCO Operating Supplies Outdoor Center23 US-critter food PETCO Operating Supplies Outdoor Center37 US-critter food PETCO Operating Supplies Outdoor Center38 US-critter food PETCO Operating Supplies Outdoor Center9 US-socket for crank pully SEARS EDEN PRAIRIE Equipment Parts Fleet Operating21 US-cable BEST BUY Equipment Parts Fleet Operating19 US-sma battery for encryption AMAZON.COM Equipment Repair & Maint Public Safety Communications37 US-gaterade/water-umpires CUB FOODS EDEN PRAIRIE Operating Supplies Softball91 US-bean bags SPORTS AUTHORITY Operating Supplies Baggo Amount Explanation Vendor Account Description Business Unit70 US-EMT exam EMTS Tuition Reimbursement/School Police84 US-search party lunch-Matula MARNANTELI'S PIZZA Operating Supplies Police84 US-search party lunch-Matula MARNANTELI'S PIZZA Operating Supplies Police31 US-program supplies WALMART COMMUNITY Operating Supplies Youth Programs Admin30 US-player registration USTA-NORTHERN SECTION Operating Supplies Tennis304 US-wacky wed trip BRUNSWICK BOWLING LANES Special Event Fees Teen Programs384 US-training/trip GIVEDIRECT.ORG Special Event Fees Teen Programs58 US-program supplies WALMART COMMUNITY Operating Supplies Youth Programs Admin27 US-craft supplies MICHAELS - THE ARTS & CRAFTS S Operating Supplies Youth Programs Admin181 US-program supplies WALMART COMMUNITY Operating Supplies Youth Programs Admin35 US-program supplies WALMART COMMUNITY Operating Supplies Youth Programs Admin603 US-program supplies DISCOUNT SCHOOL SUPPLY Operating Supplies Youth Programs Admin53 US-equipment S&S WORLDWIDE Operating Supplies Youth Programs Admin91 US-registration EZREGISTER Operating Supplies Tennis91 US-registration EZREGISTER Operating Supplies Tennis20 US-program supplies RAINBOW FOODS INC. Operating Supplies Youth Programs Admin48 US-program supplies WALMART COMMUNITY Operating Supplies Youth Programs Admin141 US-program supplies WALGREEN'S #5080 Operating Supplies Youth Programs Admin100 US-playground supplies AMAZON.COM Operating Supplies Playgrounds583 US-shirts INNOVATIVE GRAPHICS Clothing & Uniforms Teen Programs191 US-equipment AMAZON.COM Operating Supplies Youth Programs Admin850 US-wacky wed TWINS BALLPARK Special Event Fees Teen Programs84 US-wacky wed TWINS BALLPARK Special Event Fees Teen Programs-198 US-registration USTA Operating Supplies Tennis40 US-Program supplies WALGREEN'S #5080 Operating Supplies Youth Programs Admin105 US-staff recognition awards BAUDVILLE Operating Supplies Youth Programs Admin225 US-wacky wed EDINA AQUATIC CENTER Special Event Fees Teen Programs250 US-program supplies WALMART COMMUNITY Operating Supplies Youth Programs Admin28 US-program supplies DISCOUNT SCHOOL SUPPLY Operating Supplies Youth Programs Admin105 US-program supplies MILLS FLEET FARM Operating Supplies Youth Programs Admin13 US-program supplies DOLLAR TREE STORES, INC. Operating Supplies Youth Programs Admin135 US-player registration USTA-NORTHERN SECTION Operating Supplies Tennis39 US-program supplies WALMART COMMUNITY Operating Supplies Youth Programs Admin7 US-office supplies WALGREEN'S #5080 Operating Supplies Youth Programs Admin-36 US-refund USTA Operating Supplies Tennis61 US-program supplies WALMART COMMUNITY Operating Supplies Youth Programs Admin38 US-adaptive teen camp CUB FOODS EDEN PRAIRIE Operating Supplies New Adaptive11 US-adaptive teen camp RAINBOW FOODS INC. Operating Supplies New Adaptive13 US-adaptive teen camp TARGET Operating Supplies New Adaptive76 US-red cross fees AMERICAN RED CROSS Licenses, Permits, Taxes, Fees Pool Lessons243 US-red cross fees AMERICAN RED CROSS Operating Supplies Oak Point Lessons114 US-red cross fees AMERICAN RED CROSS Licenses, Permits, Taxes, Fees Pool Lessons133 US-red cross fees AMERICAN RED CROSS Licenses, Permits, Taxes, Fees Pool Lessons76 US-red cross fees AMERICAN RED CROSS Licenses, Permits, Taxes, Fees Day Care57 US-red cross fees AMERICAN RED CROSS Licenses, Permits, Taxes, Fees Pool Lessons38 US-red cross fees AMERICAN RED CROSS Licenses, Permits, Taxes, Fees Community Center Admin59 US-member appreciation KOWALSKI'S MARKET Operating Supplies Fitness Classes81 US-free weight accessory SPORTSMITH Operating Supplies Fitness Center550 US-B Witt return purchase PAYPAL INC Deposits Escrow-550 US-B witt return purchase PAYPAL INC Deposits Escrow250 US-monthly licensing SCW FITNESS Licenses, Permits, Taxes, Fees Fitness Classes Amount Explanation Vendor Account Description Business Unit152 US-red cross fees STORY, JOHN Licenses, Permits, Taxes, Fees Pool Lessons309 US-rifle parts POLICESTORE.COM Training Supplies Police442 US-software/fingerprint reader IDENTIX INCORPORATED Software IT Operating25 US-gloves MENARDS Clothing & Uniforms Storm Drainage38 US-supplies BEST BUY Repair & Maint. Supplies Storm Drainage3 US-bolt HOME DEPOT CREDIT SERVICES Repair & Maint. Supplies Sewer System Maintenance16 US-riverview MENARDS Repair & Maint. Supplies Storm Drainage6 US-bulbs HOME DEPOT CREDIT SERVICES Repair & Maint. Supplies Sewer Liftstation2 US-storm project HOME DEPOT CREDIT SERVICES Repair & Maint. Supplies Storm Drainage30,654 Report Total - 1 - CITY COUNCIL AGENDA SECTION: Reports of the Fire Chief DATE: October 1, 2013 DEPARTMENT/DIVISION: George Esbensen, Fire ITEM DESCRIPTION: Duty Crew Update and Report of Building Department Activity ITEM NO.: XIV.G.1 & 2 Synopsis: Chief Esbensen will be providing reports at the City Council meeting on October 1 on the first year of the Duty Crew program and Building Department activity.